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Home My WebLink About2007 06-11 City Council PacketMAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 11 2007 Council Chambers, City Hall Meeting No. 07-10 B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country r lelmmmao1wo)3" 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 commentsIquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. " I U ZIOILTZ- luel MW 1. Council Manager Workshop, May 14, 2007 5 p.m. 2. City Council Meeting, May 14, 2007 I U :101 Z Ill I , I I :I I, Ill Resolution of Appreciation — Debra Birkholz — Police Civil Service Commission H. PUBLIC HEARINGS 1. Rainbow/ Maple Ridge Driveway Improvement, City Project 07-03 a. Assessment Hearing 7 p.m. b. Resolution Adopting Assessment Roll 1. CONSENT AGENDA 1. Approval of Claims 2. Conditional Use Permit Review — Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive. 3. Conditional Use Permit Extension — Comforts of Home Senior Housing at 2300 and 2310 Hazelwood Street. 4. Purchase new Ambulance Chassis 5. Acceptance of Donation to Police K-9 Program 6. Approval of Fitness Program Coordinator Contract 7. Lift Station Number 18 Rehabilitation, City Project 05-29, Resolution Approving Change Order No. 1. 8. Approval of Purchase of Bituminous Materials. 9. Temporary Gambling Resolution — St. Paul East Parks Lions at Ramsey County Fair 10. Van Dyke Village Tax Increment Financing Amendment 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. J. AWARD OF BIDS 1. Resolution Awarding The Sale Of $10,170,000 G. O. Improvement Bonds, Series 2007a. Report to follow. K. UNFINISHED BUSINESS 1. Desoto Skillman Area Street Improvements, City Project 06-16, Resolution Approving Revised Assessment Roll. 2. Gladstone Area Improvements, City Project 04-21, Review of Final Alternative area Urban Review (AURA) Comments and Approval of Resolution Adopting the AUAR. 3. Gladstone Area Improvements, City Project 04-21, Resolution Authorizing Preparation of Plans and Specifications for LCDA Grant Improvements on Frost Avenue and for Improvements at TH 61 /Frost Avenue 4. Gladstone Area Improvements, City Project 04-21, Resolution Accepting Turnback of Frost Avenue and East Shore Drive in Exchange for County Road D from TH61 to White Bear Avenue 5. Lawful Gambling Ordinance — Second Reading L. NEW BUSINESS 1. Corner Kick Soccer Center Expansion at1357 Cope Avenue a) Conditional Use Permit b) Design Approval 2. Costco on the North side of Beam Avenue, West of Bruce Vento Trail a) Conditional Use Permit b) Parking Reduction Authorization 3. Century Avenue Improvements, City Project 03-15, Resolution Accepting Feasibility Study and Ordering Public Hearing 4. Pond Overlook Public Improvements at 2161 County Road D, City Project 07-08, Resolution Accepting Feasibility Study and Ordering Public Hearing 5. Desoto Skillman Area Street Improvements, City Project 06-16, Petition to Install Street Light on Desoto Street 6. Desoto Skillman Area Street Improvements, City Project 06-16, Petition to Construct Parking Bays on Mount Vernon Avenue. 7. NPDES Phase 11 — Set Public Hearing Date of June 25, 2007 to Discuss 2006 Annual Report and Receive Comments From the Public. 8. Ferndale/Geranium Area Street Improvements, City Project 07-14, Resolution Ordering Preparation of Feasibility Study. 9. Lark/Prosperity Area Street Improvements, City Project 07-15, Resolution Ordering Preparation of Feasibility Study. 10. Applewood Park Litigation 11. Request for Resolution Supporting a Financing Program For The Village on Woodlynn, a Multi- Family Rental Housing Development. M. COUNCIL PRESENTATIONS N. CITY ATTORNEY —ALAN KANTRUD REPORTS 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. Agenda Item El MINUTES CLOSED SESSION COUNCIL/MANAGER WORKSHOP 5:00 p.m., Monday, May 14, 2007 Council Chambers, City Hall A. CALL TO ORDER A workshop of the City Council was held in the City Hall Council Chambers and was called to order at 5 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present Mayor Longrie Seconded by Councilmember Hjelle Ayes-all Mayor Longrie moved into closed session. D. NEW BUSINESS 1. Discuss Pending litigation - Maplewood Confidential and Supervisory Association vs. City of Maplewood - Pamela Vander Wiel, Attorney at Law, representing Maplewood. 2. Discuss Pending litigation - Le vs. City of Maplewood - Julie Fleming-Wolfe, Attorney at Law, Representing the City of Maplewood Mayor Longrie re-opened the meeting at 6:21 p.m. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:21 p.m. May 14, 2007 City Council Meeting MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 14, 2007 Council Chambers, City Hall Meeting No. 07-09 ►-11IIIIIIIIIIIIIII X-11 q M I Cox*] 0 Q : I Agenda Item E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA G2 Peace Officer Memorial Day - May 15 & National Police Week N1 and N2 moved to K1 and K2 - Unfinished Business M1 2006 Budget M2 Water Fest M3 Green Expo M4 Grant Opportunities M5 Council Invitation K4 Review of the March 12, 2007 Minutes regarding Gladstone Redevelopment Councilmember Rossbach moved to approve the agenda as amended. Seconded by Councilmember Juenemann Nays-Mayor Longrie, Hjelle, Cave Ayes-Councilmember's Juenemann, Rossbach Mayor Longrie moved to approve the agenda as amended, removing proposed item K4. Seconded by Councilmember Hjelle Nays-Councilmember's Juenemann Ayes - Council member's Hjelle, Rossbach, Cave, Mayor Longrie I :1• ILT/11 RLS] 11114W9 Minutes from the April 23, 2007 5 p.m. Council/Manager Workshop Councilmember Cave moved to approve the minutes of April 23, 2007 5 p.m. as amended. Seconded by Mayor Longrie Ayes-all May 14, 2007 City Council Meeting 2. Minutes from the April 23,20O7 City Council Meet CoVnCi|mernb8rC8we moved to approve the minutes of April 23, 2007. Seconded bvCoVn[i|m8mb8rHUe||8 /4/8S-a|| VISITOR PRESENTATIONS 1. Doug Jones, 25O5 Silver Lane N.E, Minneapolis, s8idheovvn3e|evenprnoerheain Maplewood and spoke regarding the reconstruction Vf Mount Jones requested that the council consider putting iD four parking bays across the right Of way tO alleviate the parking problem. 2. Ron Cockriel, 943 Century Avenue, spoke regarding the south Maplewood moratorium neighborhood meeting and requested information on pending litigation regarding a south Maplewood property. City Attorney Kantrud responded regarding the Copar Companies pending litigation. 3. Carolyn Peterson, 1801 Gervais Avenue, thanked the council for holding the moratorium 4. Bill � 84U881 Avenue North, Brooklyn Park spoke regarding legal issues 5. Christopher Hampl, 1120 Gordon Avenue, spoke regarding comments made at the previous city council meeting regarding the trailer park demolition project and asked the council to review the tapes of the meeting. S. Nancy L8z8n/8n spoke regarding pending litigation. Y. Larry Whitcomb, 518 County Road B East spoke regarding time limits for receiving information requests from the city. 8. Mark Bonnet, 1035 Sterling regarding the south Maplewood moratorium meeting and urged the council b3 make chan t0 the current comprehensive plan and then move forward with the new comprehensive plan. Joe Bailey, 1615 Sterling Street South, spoke regarding the south k800|evv0od rnOrotOhUnn meeting and to thank the council for holding the conservation easement seminar. Cockriel spoke rega rding M8D|8vvOOd'85» anniversary ce and reported Onthe ntrup Farm Tea and the upcoming Pedal in the Parks bike tour events. Citizen's Award Presentation — William Knutson Police ChiefThomaUo presented the Citizen's Avv@nd to VWUi@rD KDUtSOD from the D0|i0e department for his help in rescuing passengers from a vehicle submerged in lake water. Chief Thonna||8 presented Barry Knutson with 8 Letter [f Recognition from the police department for calling 911 and assisting with the nasCUe. aid and C0[nfOrt of the vehicle peesan0ana. May 14, 2007 City Council Meeting 9 2. Peace Officers/National Law Enforcement Memorial Day Police ChiRfTh0n1GU8 reported On N8ik]nG| L8vv Enforcement Memorial Day which will be held on May 15 and mentioned there is a memorial at the state capitol where several Maplewood police officers will participate in the honor guard. Mayor Longh8 read 8 proclamation for National Law Enforcement Memorial Day. CoUnC|rnemb8rJV8n8nn8nn moved to approve the National Law Enforcement Memorial Day Seconded bvCounCi|nlennb8rCave Ayes-all H. PUBLIC HEARINGS 1. Cott8gevvOod Utility Improvements, City Project 06-10 8. Assessment Hearing, 7:00 p.m. b. Resolution for Adoption of Assessment F(O|| Public Works Oin8cLVrAh| presented the report. Director AN instructed the public LV complete an assessment objection form in order to have your assessments reviewed. K8SyOrLongri8 opened the public hearing for comments from the public. No individuals addressed the C0UDCi|. Mayor Lon0ri8 closed the public hearing. Counoi|rnennberJUenennann moved to approve the following resolution for the adoption of the assessment roll for the Cottagewood Public Improvement Proiect, City Proiect 06-10: RESOLUTION 07-05-060 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 23rd , 2007, calling for Public itv Project 06-10, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. NONE NOW, THEREFORE, BE IT RESOLVED BY THE QTY COUNCIL OF NlAPLEVVO[)O MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report b3 the City Council 8t the regular meeting OD June 11,20O7,GShJ their recommendations for adjustments. 2. The assessment roll for the Cottagewood Public Improvements oS amended, without those property owners' assessments that have filed objections, 8copy of which is attached hereto and made o part hereof, i3 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. May 14.2007 City Council Meeting 3 3. Such assessments shall be payable in equal annual installments extending over a period Cf15 years, the first installments tobH payable 0nor before the first Monday inJanuary 2008 and shall bear interest 8L the rate [f8.O percent per annum for the date [f the adoption 0f this assessment resolution. TO the first installment shall be added interest on the entire assessment from the date Vf this resolution until December 31.20UY. To each subsequent installment when due shall be added interest for one year Vn all unpaid 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1 2007 pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, 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 Vf the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1.2O07. but Do later than November 15.2OU7. transmit 8 certified duplicate [fthis assessment LV the county auditor tObe extended 0n the property tax lists nf the county. Such assessments shall b8 collected and paid over the same manner aS other municipal taxes. Seconded byCOUnci|nl8nlb8rHj9||e Ayes-all h Adopted by the council 0n this 14 1 d8yofK4@y2007. 2. Desoto Skillman Area Street Improvements, City Project a. Assessment Hearing 7:17 pm b. Resolution for Adoption of Assessment Roll Public OineCtorAh| instructed the public to complete order t0 have your assessments reviewed. Oir8{tVrAh|read the names and addresses of those who have filed 8nassessment Mayor Longrie opened the public hearing and the following individuals spoke: (a) Doug Jones spoke regarding several properties that he owns in this project area. (b) Steve Kubesh, 1726 Edgerton Street, spoke regarding four possible future lots as part of a vacated alley that he is being assessed for. (c) James Fitzgerald asked when the review on these objections will be completed. Mayor Longrie said that the review will be completed at the June 11 council meeting. (d) Tom Ohearn, 1690 Jessie Street, requested staff meet with him at his property to review driveway issues. (e) Larry Whitcomb, 518 County Road B East, spoke regarding issues with the water main in his area. Ul Valerie Taylor, 2052 Bradley Street, said she represented townhouse owners who had complained tothe city and did receive the correction inh}mnGU0n requested. /g\ VVavneHruby. 1720 Desoto Street, requested that staff investigate whether his second lot is actually 8 buildable lot. DireotorAh| said it will be investigated and will then notify Mr. HrVbyVf his options. (h) Steve Dang of the Mississippi Street Apartments spoke requesting that the Mississippi Street CODSt[uCtiOn project be CGOCm|Sd. Ui[GCtOrAh| suggested that the council discuss the Mississippi Street construction at the June 11 council nle8UnQ. May 14, 2007 City Council Meeting 4 Mayor Longh8reminded those present who intend to file 8nassessment objection that they need to complete the form at this time. Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the following resolution as amended for the adoption of the assessment roll for the Desoto-Skillman Area Street Improvement Promect, City Pr6ect 06-16, less all obiections received as noted within this report and all objections received at the Assessment Hearing. These assessments are referred to the staff for review and recommendation to the City Council on June 11, 2007. RESOLUTION 07-05-001 ADOPTING ASSESSMENT R WHEREAS, for Public Hearing, the assessment roll for the Desoto-Skillman Area Street Improvements, City Project OG-1G. was presented ino Public Hearing format, pursuant to Minnesota Statutes, Chapter 429.and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized asfollows: Harry and Mary Ryman, 604 Kingston Avenue (PIN: 17-29-22-43-0029) Moises and Ireneo Perez Rodriguez, 1699 Jessie Street (PIN: 17-29-22-34-0113) Rosoto Villas, c/o Azure Properties, Inc, 1901 Desoto Street (PIN 17-29-22-32-0001) Joseph Tarnowski, 453 E Roselawn Avenue (PIN 17-29-22-23-0061) Doug Jones, North Star Properties of Minnesota representing the following properties: 0 1977 Desoto Street (PIN 17-29-22-23-0093) 0 1993 Desoto Street (PIN 17-29-22-23-0003) 0 2007 Desoto Street (PIN 17-29-22-23-0002) 0 2019 Desoto Street (PIN 17-29-22-23-0001) 0 1985 Clark Street (PIN 17-29-22-23-0012) 0 1994 Clark Street (PIN 17-29-22-23-0006) 0 1999 Clark Street (PIN 17-29-22-23-0011) 0 2008 Clark Street (PIN 17-29-22-23-0007) 0 2011 Clark Street (PIN 17-29-22-23-0010) 0 2020 Clark Street (PIN 17-29-22-23-0008) 0 2025 Clark Street (PIN 17-29-22-23-0009) James Fitzgerald, 2141 Desoto Street (PIN 17-29-22-22-0004) Tarrytown Common Area Interest, Paula Lawislak, 2030 Arkwright St. (PIN ) Tarrytown Common Area Interest, Sara Wa1z, 2014 Arkwright St. (PIN 17-29-22-23-0029) Tarrytown Common Area Interest, 2006 Arkwright Street (PIN 17-29-22-23-0025) Saralinda Bauer, 1901 Sloan St. (PIN 18-29-22-41-0031) Kaylyn McFarland, 1731 Edgerton St. (PIN 17-29-22-34-0059) Steven Kubesh, 1726 Edgerton Street (PIN 17-29-22-43-0071) • Andy Faulkner, 471 Roselawn Ave (PIN 17-29-22-24-0025) • Lien Thi Dang, 2048 Mississippi Street (PIN 18-29-22-11-0042) • Hung Dang, 2056 Mississippi Street (PIN 18-29-22-11-0043) • Philong Dang, 2064 Mississippi Street (PIN 18-29-22-11-0045) • Khai Van Dang, 2072 Mississippi Street (PIN 18-29-22-11-0046) • Lien Thi Dang.2U8U Mississippi Street (PIN 18-28-22-11-0047) • Khai Van Oan0.2088 Mississippi Street (PIN 18-28-22-11-U048) • Stevan DanQ.2U80 Mississippi Street (PIN 18-29-22-11-0050) • An Nguyen, 2104 Mississippi Street (PIN 18-20-22-11-U0G1) • Toua%1ong.2112 Mississippi Street (PIN 18-20-22-11-0053) • Kim Nguyen, 2120 K4ionimoipp1 Street (PIN 18-20-22-11-0054) • Miguel Angel Sa|oo Perez, 1097 Jessie Street (PIN 17-29-22-34-0114) • Daniel Qornanoo Alvarez, 545Larpenteur Avenue (PIN 17-20-22-34-0UG7) • Ann Rinehart, 214O Desoto Street (PIN 17-29-22-21-010S) • Ming Yang Wang, 2100 Desoto Street (PIN 17-29-22-21-0036) May 14.2007 City Council Meeting 101 • Annastacia Belladonna, 2144 Bradley Street (PIN 17- 29 -22 -21 -0110) • Wayne Hruby, 1720 Desoto Street (PIN 17- 29 -22 -34 -0042) • Larry Whitcomb, 518 E County Road B (PIN 17- 29 -22 -21 -0099) • June Wendt, 1989 Arkwright Street, (PIN 17- 29 -22 -23 -0071) 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, as noted above, along with any and all objections filed at the Assessment Hearing, and report to the City Council at the regular meeting on June 11 th , 2007, as to their recommendations for adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments proposed for the above objections thereof and shall be included in the final recommendations of the City Engineer on June 11 2007. 2. The assessment roll for the Kenwood Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is 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 2008 and shall bear interest at the rate of 6.0 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, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2007, 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 changed if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, 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 October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than October 15, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Hjelle Ayes -all Adopted by the council on this 14 day of May 2007. 1. CONSENT AGENDA Councilmember Hjelle moved to adopt consent agenda items 1, 3, 4, 9, 10, 11 and 13. Seconded by Councilmember Juenemann Ayes -all Councilmember Juenemann moved to adopt consent agenda item 2. Seconded by Councilmember Hjelle Ayes -all Councilmember Hjelle moved to adopt consent agenda item 5. Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Cave, Juenemann, Hjelle Nay - Councilmember Rossbach May 14, 2007 City Council Meeting 6 Councilmember Rossbach moved to adopt consent agenda item 6. Seconded by Councilmember Hjelle Ayes-all Councilmember Rossbach moved to adopt consent agenda item 7. Seconded by Councilmember Hjelle Ayes-all Councilmember Cave moved to adopt consent agenda item 8. Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers Hjelle, Cave, Juenemann Nay-Councilmember Rossbach Councilmember Rossbach moved to adopt consent agenda item 12. Seconded by Councilmember Hjelle Ayes-all A five-minute break was taken. The meeting was resumed at 9:35 p.m. 1 Approval of Claims ACCOUNTS PAYABLE: 211,799.41 Checks # 72513 thru # 72567 Dated 04/13/07 thru 04/24/07 153,621.05 Disbursements via debits to checking account Dated 04/12/07 thru 04/19/07 696,433.90 Checks # 72568 thru # 72623 Dated 04125/07 thru 05/01/07 340,210.04 Disbursements via debits to checking account Dated 04/20/07 thru 04/26/07 37,742.39 Checks # 72624 thru # 72666 Dated 04/30/07 thru 05/08/07 196,640.39 Disbursements via debits to checking account 04/27/07 thru 05/03/07 $ 1,636,447.18 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated 555,788.39 04/20/07 Payroll Deduction check # 1001927 thru # 2,681.47 1001929 dated 04/20/07 May 14, 2007 City Council Meeting 7 $ 461,197.36 Payroll Checks and Direct Deposits dated 05/04/07 Payroll Deduction check # 1002030 thru # $ 2,656.53 1002032 Dated 05/04/07 $ 1,022,323.75 Total Payroll $ 2,658,770.93 GRAND TOTAL 2. Authorization to enter into 3 -year agreement with McLeod for voice & data services Authorized staff to enter into a three -year agreement with McLeod for voice and data services and to purchase a Cisco ASA 5520'firewall for security. 3. Conditional Use Permit Review — Dearborn Meadows PUD Reviewed the conditional use permit for Dearborn Meadows PUD. 4. Conditional Use Permit Review — Heritage Square PUD Reviewed the conditional use permit for Heritage Square. 5. Building Maintenance — 2006 Funds Carryover to 2007 Expenditures Approved spending of city funds for building maintenance projects as outlined in report. 6. MCC Equipment Maintenance Agreement Approved spending of city funds of $9,228 which is in the MCC 2007 budget in GL #602- 614 -4430. 7. MCC Exterior Door Replacement Approved spending of city funds for Options 1, 2, and 4 and written insert of the proposal from Harmon Glass as submitted in staff report. 8. MCC Interior Door Project Approved spending of city funds for Option 3 of the proposal to add interior doors from the main area to the north hallway at the MCC. 9. MCC Eight Miscellaneous Projects Approved spending $135,584 of city funds transferred from the General Fund Contingency Funds to 602 - 614 -4430 as listed in staff report. 10. Mapleridge Driveway Reconstruction, City Project 07 -03, Resolution Approving Plans, Accepting Assessment Roll and Ordering Assessment Hearing. May 14, 2007 City Council Meeting 8 Approved the following reso for the Rainbow/Maple Ridge Driveway Improvement, Project 07 WHEREAS, pursuant tOresolution passed bv the city counc On Apr 2v and specif for the Rainbow/Maple Ridge Driveway Improvements, City Pro 07-O3. have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NC>VV THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 7NAPLEVVO[]0 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. RESOLUTION 07-05-063 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city engineer will assign day labor for the Rainbow Ridge Driveway |nnpn]v8nnentS, NC)VV THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF |NAPLEVVC)C>0, MINNESOTA that the city clerk and city engineer shall forthwith c8|cU|8Le the proper amount to be specially assessed for such improvement against every assessable lot, piece 0r parcel [fland abutting on the streets affected, without regard to cash valuation, as provided by law, and they s hall fi| f such proposed assessment in the d� office for i nspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof, RESOLUTION 07-05-064 ORDERING ASSESSMENT ROLL HEARING vvwEwE/+S the clerk and the city engineer have, au the direction cx the council, prepared an assessment no|| for h Driveway |rnpn)vRrnent C|h/ P 07'03. and the said assessment roll is on file in the office of the city engineer. N[)VV. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF NlAPLEVVOC)[), MINNESOTA: 1. A hearing shall b8 held on the 11th day of June 2007,8Lthe city hall 817:O0p.nn. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference LO such GSs8SsnnSnt. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hear the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. May 14, 2007 City Council Meeting 9 11. Br0Okvievv Area Street Improvements, City Project O7-01: Accepting Plans and Specifications and Authorizing Ad for Bid, Ordering Preparation of Assessment Roll, Accepting Roll and Ordering Assessment Roll Hearing Approved the following reSV|VU[mG for the Bn]Vhvi8vvArea Street |nnpn]v8nlentS, Project RESOLUTION 07-05-065 APPROVING PLANS ADVERTISING FOR BIDS VVHEREAS, pursuant to resolution pGSS8d by the [ib/ council on K8GrCh 26 m ' 2007. D|onS and specifications for Bn3OkviRvv Area Street Improvements, Project 07-01, have been p[8p@nSd by (or under the direction of) the city engineer, who has presented such plans and specifications Lo the council for approval, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEVVOOD 1. Such plans and specifications, a copy of which are 8iLGCh8d hereto and rn8d8 G part hereof, are hereby approved and ordered placed Vnfile in the office 0f the city clerk. 2 The city clerk shall prepare and cause tmheinserted in the fh i | paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 14th day of June, 2007, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer open, and read aloud bids received at the time a received. council will consider the bids, and meeting of June 25 "' 2007 nabv authorized and instructed h0receive, lace herein noted, and to tabulate the bids award of contract, at the regular city council RESOLUTION 07-05-066 ER|NG PREPARATION {]F ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Brookview Area Street Improvements, City Project 07-01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF M&PLEWOOD. MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount tobe specially assessed rov8nn8nt against every assessable |[t, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. May 14, 2007 City Council Meeting 10 RESOLUTION 07-05-067 {}FlOER|NG ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the BrVokvievv Area Street Improvements, City Project UY-01,andth9said assessment roll isVn file in the office Vf the city engineer. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL {}FMAPLEVVO[)[]. 1 . A hearing shall be held on the 25th day of June 2007, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such 2. The city clerk i hereby directed to cause a notice of the hearing on the proposed assessment tob8 published in the official newspaper, least two weeks prior to the hearing, and t0 mail notices b3 the owners Of all property affected by said assessment. The notice of hearing shall state the date, time and pl the improvement the area to be assessed, that the proposed clerk and city engineer and that written or oral objections will 12. Mogren Street Improvements, Beam to County Rd E Resolution Adding Trail Improvement between HaZE Project Approved the following resolution approving the trat funds for the construction of the trail along the POWE Kennard into the project fund for City Project 06-17: of hearing, the general nature of ,essment roll is on file with the City Project 00-17. /o0d and Kennard LVCity $75.UUOof tax abatement between Hazelwood and RESOLUTION 07-05-068 ADDING TRAIL IMPROVEMENT BETWEEN HAZELWOOD AND KENNARD TO CITY PROJECT 06-17 'HEREAS, the City Council Of the City 0f Maplewood desires that 8 trail b8constructed Hazelwood Street and Kennard Street along the power lines within the Legacy Village ient, and WHEREAS, the City Council has previously issued tax abatement bonds for the cost of the construction the amount oT$/5 WHEREAS, said bond funds need k]b8 expended in20UY-2UO8.and WHEREAS, the City iS considering a project vvithinth88rH8c8U8dK8Vgr8n8tneHL Improvements, City Project 06-17. 1. Said Trail Project iS hereby authorized tobH included within the Project conEjd8nations for City Project 06-17. May 14, 2007 City Council Meeting 11 2. The Finance and Administration Manager is hereby authorized and directed to transfer the $75.000 in funds into the Project Fund for City Project 00-17. 13. Approval 0f Purchase for Testing Services — City Improvement Projects in 2007 Authorized the City Engineer to enter into a contract for professional services with Braun- Intertec for testing and quality QOntn]| S9n/iC9S On City |QnpnDvRnlRDt Projects for 2007. 1. Muon8n Street Improvements, Beam hJ County Road U City Project OS-17, Resolution Receiving Bids and Awarding Construction Contract 8. Public Works Director Ah| presented the report. Councilmember Hjelle Companies in the amount of $2,374,426.30: RESOLUTION 07-05-069 FOR AWARD OF BIDS BE|T RESOLVED BY THE CITY COUNCIL OFK8APLEVV[)O[}. MINNESOTA, that the bid Of FrGtt8|on8 CO[np8ni8S in the 8nlVUnt of $2.374 is the |OvveSt [8SpODSib|R bid for the construction ofK8o0pen Street |nnpro#8nleDtS, City Project 06-17, 8nd the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and On behalf ofthe city. Seconded Dyi.0 2. Desoto Receiving Bids and Awarding Construction Contract a. Public Works Director Ahl presented the report. b. Dick Dufresne, 1721 Desoto Street, addressed the council on the use of concrete for street projects as opposed to asphalt and questioned the possibility of bidding concrete as an option for street improvement projects. Councilmember Rossbach suggested that staff be directed to verify the numbers and gather information On the use of concrete for street projects. CounCi|nnen1ber HUe||e moved to approve the following resolution awarding the bid to TA Schifs]Sy and Sons in the amount of $3,097,587.90 for Base Bid plus Alternates 1 and 2. RESOLUTION 07-05-070 FOR AWARD OF BIDS BE|T RESOLVED BY THE CITY COUNCIL OF MAPLEVVOO[}. MINNESOTA, that the bid OfTASohifskv and Sons in the amount 0f$3 which includes the base bid, Bid Alternate #1 and Bid Alternate #2 [Bid Alternate #3 is not awarded] is the |0w8sL responsible bid for the construction Of Desoto Skillman Area Streets, City Project OS-18 are hereby authorized and directed to enter into 8 contract with said bidder for and on behalf of the city. May 14, 2007 City Council Meeting 12 Seconded by Councilmember Juenemann Ayes-all I'll Comnci|memberRossbach moved to direct staff to look at the additional projects that Director AN listed, do the preliminary work on concrete alternatives and then submit this information to the cit Seconded by Councilmember Cave Mayor Lon0he quest what this motion was request Coun[i|menoberROSsboohclarified that this nloUVn is requesting information and includes spending $ The council voted: N8yS-JUHnenn8nn.HUe||8 Mayor LUnQhH Av8G-CVUnti|mRmb8rsRosGb8Ch.Cave UNFINISHED BUSINESS 1. K8Grkh8nn Pond Wall Motion for Reconsideration dation to Table pending further research by h City Atto CounCi|nnennb8r HUe||e moved to reconsider the previous council action. Seconded by Mayor Longrie Ayes-Councilmembers Hjelle and Cave, Mayor Longrie Mayor Longrie moved to table this matter pending further review of the hi Seconded bv[oUnci|memb8rHjelle � 2. COBRA Benefits for 911 Dispatch a. City Manager Copeland presented the report. r Cave moved to authorize Payment of COBRA benefits in the amount of $6,284 3. Comment on this matter was taken at a Special City Council Meeting on May 7, 2007. Public Comment is now closed. Discussion is limited to City Council questions for City Staff. a. Application for Conditional Use Permit for Planned Unit Development b. Preliminary Plat for Century Trails Commons Senior Planner Ekstrand presented the report and responded to quest from the Ellen Higgins, in charge Uf development fVrCornnlonBnndCOnlnnuniU8S.addr8ss8dthe council regarding the proposed affordable housing. Mayor LOnQhe thanked Ms. Hi for her suggestion that a transportat task force be created to work toward increasing public transportation to this site. Mayor Longrie stated May 14, 2007 City Council Meeting 13 her support for increasing transportation OnthSSib38ndCRe8tng8t@Skf0rC8tOkJOk8t th8S9iSsU8S. Councilmember Hjelle moved to adopt the following resolution gogroving a conditional use permit for a planned unit development for the Sisters of St. Benedict of St. Paul's Monastery. CONDITIONAL USE PERMIT RESOLUTION 07-05-071 WHEREAS, the Sisters nf St. Benedict of St. Paul's Monastery applied for a conditional use permit for 8 planned Unit development to develop their 31 O4 site i h a 50-unit town house development; a4U-Vnit seniors housing apartment building; to convert the existing monastery building 8aG multi-use family-violence shelter with 37 housing offices and support facilities and to build a future monastery building on the north end of their property. WHEREAS, Section 44-1092C3\ of the city ordinances requires a conditional use permit for institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property at 2675 Larpenteur Avenue. The legal description is: That part of the South 1 /2of the Southeast Quarter of Section 13, Township 29, Range 22, Ramsey County, Minnesota lying east and north of a line described as beginning at a point on the south line of said Southeast Quarter of Section 13 985 feet west of the southeast corner of said Southeast Quarter of Section 13; thence 78 degrees 40 minutes to the right proceeding in a north-northwesterly direction for 620 feet to a point of curve; thence to the left on a curve having a radius of 100 feet a distance of 157.08 feet to a point of tangent; thence 90 degrees to the right, at right angles to the tangent to said curve at said point of tangent, a distance of 450 feet; thence 90 degrees to the left a distance of 200 feet; thence 90 degrees to the right a distance of 225 feet, more or less, to the north line of said South Y2of the Southeast Quarter of Section 13. Except that part of the Southeast Quarter lies northeasterly of a line parallel with and distant 100 feet southwesterly of a line described as beginning at a point on the east line of said Section 13, distant 1324.13 feet north of the southeast corner thereof; thence run westerly at an angle of 90 degrees with said east section line for 186.63 feet; thence deflect to the right on a 10 degree curve, delta angle 29 degrees 20 minutes, for 293.33 feet; thence on tangent to said curve for 100 feet and there terminating; together with all that part of the above described tract, adjoining and southerly of the above described strip, which lies easterly of a line run parallel with and distant 60 feet westerly of the following described line: Beginning at the point of intersection of the above described line with the east line of said Section 13; thence run southerly along the east line of said Section 13 for 540 feet and there terminating; also together with 8Ui8ngu|8r piece adjoining and southerly nf the first above described strip and westerly of the last described strip, which lies northeasterly of the following described line: From a point on the last described line, distant 150 feet southerly of its point of beginning, run westerly at right 8nQ|eS to Said line for 60 feet to the point of beginning of the line to be described; thence run northwesterly to a point on the southerly boundary ofthe first above described strip, distant 100 feet westerly of its intersection with 8 line run parallel with and distant 33 westerly ofthe east line of said Section 13. Which lies easterly, northerly and easterly of a line described as commencing at said southeast comer of the Southeast Quarter of Section 13;thence westerly, along said south line ofthe May 14, 2007 City Council Meeting 14 Southeast Quarter of Section 13,8 distance Of832.02 feet tO the point Of beginning Of the line tO b8 described; thence deflecting [0 the right Y8degrees 4O minutes O0 seconds 8 distance 0f 750.06 feet; thence deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 204.00 feet; thence deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 638.98 feet to said north line Vfthe south half Cf the Southeast Quarter Cf Section 13 and said line there terminating. WHEREAS, the history of this conditional use permit is as follows: 1.[hn March 2O the planning commission held 8 public hearing. The city staff published 8 notice in the paper and sent notices b] the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning CO[nnniSsiOO also considered the napOd3 and rRoOnnQn8DdGtiOD Of city staff. The planning commission pec0rnnn8nd8d that the city t0UnCi| approve this permit. 2. On May 7, 2007, the city council considered reports and recommendations of the city staff and 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 materials, equipment O[ methods Of operation that etri[n8nt@| disturbing 0r cause G nuisance to any y because of excessive noise, glare, smoke, dVSL 0dor, hJrn8S, water or air pollution, ' ff, vibration, general unSight|ineS3, 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. 5. The use would beserved by adequate public facilities and services, including streets, police and fire pn}LeCdon, dF@in808 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. 0. The use would cause nninirnG| adverse Rnvin]nnn8nL8| 8ffRCtS. May 14, 2007 City Council Meeting 15 Approval is subject bJ the following conditions: 1. This planned unit development shall follow the concept plans date-stamped January 11, 2007. These plans are considered concept plans because the applicant must submit design plans to the city for approval for the proposed apartments, town houses, future monastery; shelter and any other future use. Staff may approve minor changes. 2. This planned unit development d08G not give any approvals for Lot 1 Block 1 since this site has not been proposed for any future dHvH|0pnl8rt and its future VSH is unknown. The development of this Site would require a revision of this ed unit development and must comply with all city development requirements. 3. The proposed construction must be substantially one year 0fcouncil approval or the permit shall become null and void. 4. The city council shall review this permit in OD 5. The property owner shall b8 required to dedi by the City Engineer during the next three to roadway shall be studied by the City Enginee city council. The final need for the roadway h necessary if additional development occurs o being proposed or at higher density levels th includes a major expansion of uses that e generated at Hill-Murray. 0. The applicant must obtain all Department nfTransportation, Ramsey C, Watershed District. ,ate right Of way for a roadway to be studied five year hOd The final rano reported with a recommendation nnthe as not been determined but will likely be n this property inexcess of that currently )n approved; and also if property sold rate Nsianihc8Dtadditional traffic to be its from the Minnesota nn v-VV shin0iOn K8etn} 7. The applicant must provide 8right-turn on Century Avenue into the site, subject to MnDOT's approval. 8 The requirements Of the engineering reports by Erin Laberee and Michael Thompson dated February 22 and bvR. Charles /\h|dated Anril 19. 2007. 9. The applicant shall install sidewalks wherever possible along Larpenteur Avenue. may approve minor changes to the plans. CoUn[i|nJembxerRosGb8Ch A friendly amendment was added to the motion requiring the following conditions be included in the resolution: 11. Establish a neighborhood committee of no less than nine members whose membership composite shall be one representative from Hill-Murray administration or trustees, one day care parent from Maple Tree Day Care, one parent whose child attends Hill-Murray, three neighborhood citizens who signed the petition included in the council packet and three neighborhood citizens who are from the yellow cards received by the city. The committee's purpose shall be to facilitate communication, develop neighborhood solutions to neighborhood concerns, and provide feedback to all parties subject to the planned unit May 14, 2007 City Council Meeting 16 development. The committee shall report periodically to the council and disband when no |0ng8rneedHd. 12. Establish 8 transportat task force Of nei ondDorUeSbDthepkannedunit development kJ work Vnpublic transportation service and options for the site, b} work in coordination with the neighborhood committee. 13. The proposed project shGUb8r8v8vvedbvth8ConlrnUnhvDeaignR8v8wBo8rd8nd8U requirements of that board shall be followed. 14. Include two playground areas within the planned unit hearing that were h3bS added t0 the plans. 15. Develop a security plan in partnership with all Vf development and the neighborhood committee. 16. Monastery Way and Bennett Road shall water, public street infrastructure and cii 1Y. The app shall install sidewalks internal streets. The council voted 8sfollows: The Maplewood City CoUn Coumci|men1berHUe||e moved at 2675 LarDenteur Avenue. / 1. Redesi the public street Yr roads and the r shall be borne by � = city sewer, storm rty on Larpenteur Avenue and May 14 t for Century Trails Commons located within the site to be 60 feet wide. 2. Comply with the applicable requirements of the engineering reports bv Erin L8benae and Michael Thompson dated February 2O07 and bvR. Charles Ah| dated April 1S. 3. Street lights shall be installed if required by the city engineer, subject to his approval. 4. if required bv Ramsey County and the Minnesota Department of Transportation. The property owner shall be required to dedicate right-of-way for a roadway to be stud by the City Engineer during the next three to five year period. The final location of the roadway shall be studied by the City Engineer and reported with a recommendation to the city council. The final need for the roadway has not been determined but will likely be necessary if additional development occurs on this property in excess of that currently being proposed or at higher density levels than approved; and also if property sold includes @ major expansion Of uses that generate significant additional traffic to be generated at Hill Seconded bvCouDCi|mernberROS3baoh | Councilmember Cave moved to extend the meeting to finish the agenda. Seconded by Councilmember Hjelle t as discussed at the to the planned unit May 14, 2007 City Council Meeting 17 Councilmember Jmmnemann explained she needed Mm leave the meeting at this time due &m medical issues. The council then voted: Awes: Councilmembers Rossbach, Cave, Hjelle, Mayor Longrie 4. G|8dStOm8 Area |[np[OvSmSDta. City Project 04-21. Resolution [)ir8CUOg Preparation Of o Tax Increment District and Calling 8 Public Hearing for June 25,2O07 for Lake Ph8|en Estates (continued from April 23meeting) 8. Public Works Director Ah| presented the report. b. Link Wilson of Kaas Wilson Architects, 308 18 th Street East, Minneapolis, addressed the council. C. Denny (}'[Jonne|| of Walker Eldercare said that Walker Eldercare ia the only for- profit entity of Walker Methodist and is wholly owned by Walker Methodist. d. Bart K80Dt8D8h Lakeside Drive, Bayport iS the developer 0n the project 8nd spoke regarding the LLCGin connection with the project. K8[. Montan8M said 8n LLCiS always created for every new project vvith[)obGrCO3. R. John McGovern, 1870 East Shore [][ivG spoke also r8pn8S9DtiOg his neighbor and connnn8nL8d that this is prime land in the area and should be 8b|8 to carry itself in on open market. f. Al G8|br8ith, 1770 Edward Street, said this property should Stand on its own and not need T|Ffinancing. 9. David B8rtO| Frisbee Avenue, spoke iO favor OfT|F financing generally and said h8 will leave the decision Vf whether t0 use iL for this project Vpk}th8coVnci|. h. Kevin Schmidt, 1800 Ph8|en Place, said he does not think this project needs T|F. i. Bart KX0nban8ri again addressed the council saying that this project cannotnoove forward In iS needed, City Attorney Kantrud stated that if the council is not going to make recommendation b] set 8 public hearing and Y|Fplan or to take any action, no motion would be required. Councilmember Hielle moved to call for a public hearinq to Prepare the district for Tax Increment city council meeting. Seconded bvCounnU noi|rn8rnberS Helha. RosSb8Ch N VnCi|nnemU8rC8v8,M8yVrLongh8 The motion failed. - K8oynrLongho moved to table the following agenda items K5 and K6 until the June 11 council Seconded by Councilmember Hjelle Ayes-all 5. Gladstone Area Improvements, City Project 04-21. Review for Final Alternative Area Urban Review (AUAR) Comments and Approval of Resolution Adopting the AUAR 8. Gladstone Area Improvements, City Project 04-21, Resolution Authorizing Preparation of Plans and Specifications for LCDA Grant Improvements on Frost Avenue and for Improvements at TH 61/Frost Avenue. May 14, 2007 City Council Meeting 18 L. NEW BUSINESS Preliminary Approval for Issuance OfBonds 8. Finance & Administration Manager K4ittet presented report. b. Terri Heaton Vf8phngSt8d Inc. addressed the council and said that any excess monies not used for the projects nOU|db8uS9d@Sd8btaerviCGp8ynlRDt0rCOU|dSt8yiO the capital fund for G similar project. Councilmember Hjelle moved to adopt the following resolution providing preliminarV approval for the sale of $10,170 General Obligation Improvements Bonds: RESOLUTION 07-05-072 PROVIDING FOR COMPETITIVE NEGOTIATED SALE OF $10,170,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $10,170,000 General Obligation Improvement Bonds, Series 2007A (the "Bonds"), to finance various improvement projects within the City; and B. WHEREAS, the City has retaine Minnesota /"S h Sted"\ as its independent Ciay these obligations Uv8 competitive in Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESM Minnesota, as follows: ~ StRd |ncorporGt8d, in Saint Paul, r and iS therefore authorized tosell nC8vv|th Minnesota Gtatut8G, Council of the City OfMaplewood, l. Authorization. The City Council hereby authorizes 8 imgStmdtOaO|iCit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions Of the Bonds and the ik}nthereof are fully set forth in the "Terms of Proposal" attached hereto 8S Exhibit Aand approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Seconded bvCOUnCi|nl8nlb8rROsSbGCh Mayor Longrie asked for how much this would add to the budget for debt service. Finance Manager Mittet responded that the levy would be about $300,000 per year. The council then voted: Ayes-Mayor Lonoh9,Coun[i|nn8nnb8rs Cave, HU8UHand Rosnbooh May 14, 2007 City Council Meeting 19 2. Intoxicating LiqUOr— Pei Wei 8. Citizen Services Manager GUi|h)le presented the report. b. The applicant, Edward Unangst, 655 Wood Duck Drive, Woodbury, addressed the Councilmember Cave moved to approve the intoxicating liquor license. Seconded bvCoUnci|mernbHrHUGJ|e Ayes-Mayor LonQh8. C0Un[i|rn8rnbers Cave, HU8U8 and Rossbach CoVnC|nlemU9rRosSU8Ch requested 8 pri printed budget also bR made available bJt saying that adjustments have been made 1 copies available as soon as it is published opy of the budget budget recently, b that copies ofthe Mittet responded . would make 2. Green Expo Mayor Longrie reported on the Green Expo. 3. Grant Opportunity Mayor Longrie reported on a seminar she wave and cities' grant opportunities regan 4. Council Invitation on preparing for Minnesota's age Mayor LOnQhe reported 0non invitation to the council from the Union Pacific Railroad ho ride on a passenger train on June 10 from St. Paul to Hudson, Wisconsin. N. ADMINISTRATIVE PRESENTATIONS 1. Follow-up on Joy Park Boat Ramp Public Access City Attorney KaOtrUd reported that CODt[8Ct pnSvi0US|y entered into by the city requires that the city keep the boat ramp open. 0' ADJOURNMENT Mayor LODgri8 adjourned the meeting ot12:5OG.[n. May 14, 2007 City Council Meeting 20 t i RESOLUTION OF APPRECIATION WHEREAS, Debra Birlchol has been a member of the .Mapleivood Police Civil Service Commission since April 12, 2004 and has served faithfiully in that capacity until April 2007, and YVIYEREAS, the Police Civil Service Commission has appreciated her experience, insights, and good judgment; and RIVERE AS, she has freely given of her time and energy, without compensation, for the betterment of the City ofAllaplewood; and YVHEREAS, she has shown sincere dedication to her duties and has consistently contributed her leadership, time and effort for the benefit of the Cite. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City ofiWapleii-ood, !l imiesota and Its citizens that Debra Birltholz is hereby eWended our heartfelt gratitude and appreciation for her dedicated service, and vve wish her continued success in the f ilure. Passed by 1Vlaplewood City Council oil Diana Longrie, Mcgor I Agenda Item H1 TO: Greg Copeland, City Manager FROM: Ch@rl8SAhi Public Works Director/City Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Rainbow/Maple Ridge Driveway Improvement, Project 07-03 1' Assessment Hearing, 7:00 p'00' 2' Approve Resolution for Adoption of Assessment Roll DATE: May 30 2007 INTRODUCTION The property owner has 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 vviUlUl8 assessment amount. The city council should conduct the assessment hearing, receive any objections, and consider approving the attached resolution adopting the assessment roll. Background The city is looking to repair the loading dock driveway entering into the Maple Ridge Shopping CSDtSrot 2515 White Bear Avenue. The driveway entrance connects LVGen/8iG Avenue approximately 8UOfeet west O|White Bear Avenue (refer hoExhibit3). The curb returns into the driveway entrance are severely deficient, forcing delivery trucks to drive over the curb line in order to make entry into the shopping center. A@ well, the pedestrian ramps tapering tV the sidewalks on both sides of the driveways are in need Cfrepair and upgrading in order to conform under the Americans with Disabilities Act standards. The City wishes tO modify the driveway entrance so that trucks will no longer drive over the curb in order to enter and upgrade the existing pedestrian ramps so wheel chairs and scooters do not have to bypass the sidewalk and ride in the street. All associated costs for driveway entrance improvements will Ue assessed back LO the owner Of the Maple Ridge Shopping Center. The total 8ati[nGtRd cost for the i[npn}v8nnRntS based On the feasibility Study is $17,760. (]n8'hund red percent (1UO%) of thiS8nn0Vnt will b8 assessed to the property 8i2515VVhiL8Bear Avenue. The total estimated project cost is under $25.000. Under MN Statute 428. the City is allowed to utilize City Forces, Or Day Labor, tOdO the proposed work. Typically, it makes more sense for the property hJbm assessed after the improvements are completed and the actual cost has been determined. However, it was suggested by the Local Improvement Guidelines (an explanation of MN Statute 429) that the assessment hearing be held first prior to petitioning the council to authorize City Forces to do the work. The r88SVn for this is that the funding for the project is secured prior to City Forces commencing the work. Assessment Objections Filed As of May 31' 2007 staff has not received any objection to the proposed assessments. Agenda Item H1 Budget Impact There would be no impact on the approved budget based upon the recommendation below. The proposed assessment is the same as the feasibility cost estimate presented to the council at the April 23, 2007 Council Meeting. • � • It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll for the Rainbow/Maple Ridge Driveway Improvements, City Project 07-03. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Roll 3. Assessment Map RE SOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant tooresolution adopted by the City Council on May //th calling for oPublic the assessment roll for the le Ridge Driveway Improvements, City Project 07-03,was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: INIMISIM NOW, THEREFORE, BEIT RESOLVED E|Y THE CITY COUNCIL ()PK4APLEVYO()D,MINNESOTA: ]. That the City Engineer and City Clerk are hereby instructed m review the objections received and report to the City Council at the regular meeting on June 25, 2007, as to their recommendations for adjustments. 2. The assessment mU for Uo Cortagewood � Pob as amended, without those property owners' assessments that have filed ob u copy oi which is attached hereto and made a part hereof, ishereby adopted. Said assessment roll mboD constitute the ypccbd assessment against the lands named therein, and each tract ofloudtboroiuiuc|udediahcrcbytbuudk`bcbenc5{edby\hcpropoacdinzpruvenucntintbo amount mf the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over uperiod ofl5 years, the first installments to be payable onmbefore the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall bc added interest outhe entire assessment from the date of this resolution until December 3l,20U7. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property ao assessed may, ut any time prior loccdbfioutionoi the assessment to the county auditor, but no later than October l, 2007, pay the whole of the oaueaumeut 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 uyuuyunoeot iy paid within 30 duvm from the adoption mfthis resolution; and they may, at any time after October |,20O7" pay to the county auditor the entire amount oƒ the assessment remaining unpaid, with interest accrued \o December 3l of the year iu which such payment iomade. Such payment must hcmade before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city and city clerk shall forthwith after October 1, 2007, but no later than November 15, 2007, transmit ucertified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall bo collected and paid over the same manner um other municipal taxes. Adopted hv the council on this |1 day ni June 2U07. w _ w a I� I I I° I 0 I $ I I � I I I k v 5 I u � I 0 R 3 E 41 iv I a a ' _ k C 1� W W 1� TT ^ yl h W� n W m Q� Q� N N J y am, J i. J � O J � w � � J � � V u h_ N y i C$ O � J y c3 H y SC-i J G s � � J h ti G J T r n J V n v 3 c j r.� P �N w N U TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: June 5, 2007 AGENDA NO. I -1 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: $ 245,825.17 Checks # 72667 thru # 72702 dated 5/10/07 thru 5115107 S 323,787.00 Disbursements via debits to checking account dated 05/04/07 thru 05110/07 S 196,070.52 Checks # 72703 thru # 72755 dated 05 -17 -07 thru 05 -22 -07 S 151,493.67 Disbursements via debits to checking account dated 05110/07 thru 05/17/07 $ 106,593.37 Checks # 72756 thru # 72796 dated 5/22107 thru 5/29107 S 317,111.48 Disbursements via debits to checking account dated 05/08107 thru 05/24/07 S 602,555.76 Checks # 72797 thru # 72851 dated 5/29/07 thru 6105%'07 S 141,639.27 Disbursements via debits to checking account dated 05 /25/07 thru 05/31/07 $ 2,085,076.24 Total Accounts Payable PAYROLL $ 463,378.58 Payroll Checks and Direct Deposits dated 05/18/07 $ 2,639.97 Payroll Deduction check # 1002131 thru # 1002133 dated 05/18/07 $ 472,306.08 Payroll Checks and Direct Deposits dated 060/01/07 S 2,710.75 Payroll Deduction check # 1002243 thru # 1002245 dated 06/01/07 S 475,016.83 Total Payroll S 2,560,093.07 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651 -249 -2903 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments S:1CTY_CLRK\Agenda Lists and Reports 2007\Agenda Reports\06 -11 -07111 Approval of Claims Check Register City of Maplewood 11I7lfirf•11I1t1 • i 72671 72672 72673 72674 72675 72676 72677 72678 72679 72680 72681 72682 72683 72684 72685 72686 72687 72688 72689 72690 72691 72692 72693 Date 0511012007 0511512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1112007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 0511512007 05/1512007 T. �• f i• � 1• � r• � 1• 1 1• i 1• � r• � 1• � r• � 1• f i• 1 1 •� 1 t1 i fi 11 1 •• US BANK ERICKSON OIL PRODUCTS INC MRPA CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL SUBURBAN SPORTSWEAR XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY RAMSEY COUNTY -PROP REC & REV SCOTT ANDREWS ANIMAL CONTROL SERVICES INC ARDEN SHOREVIEW ANIMAL HOSP BASIAGO LAW OFFICE BP/AMOCO OIL COMPANY BRAUN INTERTEC CORP. CHILDREN HOME & FAMILY SERVICE CUSTOM FIRE APPARATUS, INC. DAVIS LOCK & SAFE DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. RICHARD DOBLAR EARL F ANDERSON INC EGAN COMPANIES INC DEBORAH L FOSTER HEALTH PARTNERS LMCIT DEPT OF LABOR & INDUSTRY LEAGUE OF MINNESOTA CITIES MEMA MAPLEWOOD BAKERY Description FUND ATMS CAR WASHES - APRIL ADULT SOFTBALL TEAM PROJ 02 -10 FROSTIKENNARD PROJ 03 -39 HAZELWOOD WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN WIRELESS REPORTING FEE - MAY PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN MEDICAL SUPPLIES PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN RADIO SERVICE & MAINT - APRIL PROJ 04 -15 GLADSTONE N WATERMAIN PROJ 04 -15 GLADSTONE N WATERMAIN NEW MEMBER T- SHIRTS ELECTRIC UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY EQUIP LOAN ELECTRIC & GAS UTILITY FIRE SIRENS PROJ 02 -07 PROPERTY TAXESINEW REIMS FOR SHOES 513 PATROL & BOARDING FEE 4123 - 516 CANINE VETERINARIAN FEES PROJ 07 -01 O &E FOR 2554 BROOKVIEW FUEL PROJ 07 -08 PROF SRVS THRU 4127 YOUTH DIVERSION FROG - APRIL REPAIR PUMPER TRUCK LOCKS & KEYS TOW VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICCE TOW FORFEITURE VEHICLE REIMS FOR TUITION 2119 - 4116 SLASH PROOF BELT SEAT/BUCKET REPAIR FURNACE IN CONFERENCE RM PARTIAL TRANSCRIPT MEDICAL SUPPLIES CLAIM DEDUCTIBLE #11058648 FIRE STATION 1 SEMINAR REGISTRATION FEE MDSE FOR RESALE Amount 8,000.00 106.50 1,932.00 15, 779.87 10,138.42 6,206.02 4,035.13 3,798.00 3,424.59 3,157.21 2,320.14 2,047.85 980.32 805.76 704.26 656.87 429.59 418.59 388.50 254.22 121.40 718.75 11,205.27 9,439.74 3,806.85 1,971.92 756.64 367.37 42.15 4,467.92 41.49 1,370.45 303.63 230.00 52.04 2,041.25 3,526.08 289.37 23.43 159.75 148.04 111.83 90.53 90.53 90.53 90.53 90.53 90.53 641.25 1,018.00 658.69 930.00 567.72 2,320.39 10.00 25.00 40.00 324.08 4 Check Register City of Maplewood rel.1 � As Check Date Vendor Description Amount 72694 0511512007 01126 MN NCIPERS LIFE INSURANCE PERA LIFE INS - MAY 324.00 72695 0511512007 01218 ON SITE SANITATION SPRING CLEANUP - PORTABLE TOILET 144.84 72696 0511512007 00001 ONE TIME VENDOR REFUND A KOSKI - MEMBERSHIP 53.25 72697 0511512007 01409 S.E.H. PROJ 07-01 PROF SRVS - MARCH 33,797.77 0511512007 01409 S.E.H. PROJ 04-21 PROF SRVS - MARCH 30,773.06 0511512007 01409 S.E.H. PROJ 06-02 PROF SRVS - MARCH 11,358.93 0511512007 01409 S.E.H. PROJ 06-05 PROF SRVS - MARCH 3,512.45 0511512007 01409 S.E.H. PROJ 03-20 PROF SRVS - MARCH 2,909.87 0511512007 01409 S.E.H. PROJ 06-17 PROF SRVS - MARCH 2,630.22 0511512007 01409 S.E.H. PROJ 04-05 PROF SRVS - MARCH 220.50 72698 0511512007 03869 JOE STEINER REIMS FOR GLOVES 4130 39.50 72699 0511512007 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 2,542.60 72700 0511512007 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 4,239.42 72701 0511512007 01649 TRI-STATE BOBCAT, INC. BOBCAT 5600 TURBO TOOL CAT - 39,261.49 72702 0511512007 01669 TWIN CITIES TRANSPORT & TOWING FEE 159.75 36 Checks in this report. 3 CITY OF MApLBNDDD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 05/03/07 05X}3/O7 05/03/07 05/03/O7 O5/04/O7 05/O4/O7 05/O4/O7 05/07/07 O5/07/07 U5/O7/07 05/O7/O7 O5/07YO7 O5/08VO7 05/OA/O7 O5/04/07 U5X}4X}7 U5/U407 O5/O4/07 O5/O7/07 05/07/O7 05/07/O7 O5/08/07 O5/O8/07 U5/U8/O7 U5/08/O7 U5/O8/07 O5/OA/07 05/1O/O7 MN State Treasurer |CMA(VantaQapointa) Orchard Trust MN Dept of Natural Resources MN State Treasurer U.S.Tneasuner P.E.R.A. MN State Treasurer MN State Treasurer VV| Dept ofRevenue MidAm*rica - |NG Labor Unions MN State Treasurer MN State Treasurer 101fim Description Drivers License/Deputy Registrar Deferred Compensation Deferred Compensation DNFl electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P. E.R.A. Drivers License/Deputy Registrar State Payroll Tax State Payroll Tax HRA Flex plan Union Dues Drivers License/Deputy Registrar Drivers License/Deputy Registrar Amount 15,670.67 4,558.66 23,631.00 2,279.50 43,341.89 A2 65,209.91 19.003.19 17.771.78 928.07 1,899.16 2,911.01 20.517.15 13,223.38 11 05/18/2007 Check Date 72703 72704 72705 72706 72707 72708 72709 72710 72711 72712 72713 72714 72715 72716 72717 72718 72719 72720 72721 72722 72723 72724 72725 72726 72727 72728 72729 72730 72731 72732 72733 72734 72735 72736 72737 72738 72739 72740 72741 72742 72743 72744 72745 72746 72747 72748 72749 72750 0511712007 05122/2007 0512212007 05122/2007 0512212007 05122/2007 0512212007 05122/2007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 0512212007 02464 03576 02105 01360 r 000 00 r 0 00204 00240 2 00340 r 0 03631 03631 00003 00 000 06 03330 0 02898 r 02617 01089 1 01202 01202 00001 00 000 00001 00001 00 01289 1 38 01409 Check Register City of Maplewood US BANK EUREKA RECYCLING MN TRANSPORTATION ALLIANCE REINHART FOODSERVICE REINHART FOODSERVICE CITY OF ST PAUL 10,000 LAKES CHAPTER CRAIG AICHELE ASSOC OF RECYCLING MANAGERS TIM BELDEN BETHEL & ASSOCIATES, PA BONESTROO & ASSOCIATES BONESTROO & ASSOCIATES C.S.C. CREDIT SERVICES CAPITAL TITLE CORPORATION COMMERCIAL FURNITURE SERVICES COMMERCIAL FURNITURE SERVICES CRAMER BUILDING SERVICES ROSEANN CRONK CSI SOFTWARE DUO - SAFETY LADDER CORP EGAN COMPANIES INC ELK RIVER FORD ELK RIVER FORD ELK RIVER FORD ELK RIVER FORD ESCROW REFUND ESCROW REFUND ESCROW REFUND GYM WORKS INC HOISINGTON KOEGLER GROUP INC JASON KREGER LMCIT LAF LINES LTD LAKE MANAGEMENT, INC. JEREMY D. LARSON MAINTENANCE EXPERTS INC ALESIA METRY MN UC FUND MOST DEPENDABLE FOUNTAINS CITY OF NORTH ST PAUL NYSTROM PUBLISHING CO INC NYSTROM PUBLISHING CO INC NYSTROM PUBLISHING CO INC NYSTROM PUBLISHING CO INC JULIE OLSON ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PRAIRIE RESTORATIONS INC STEVEN PRIEM PRO STAFF RYAN PLUMBING & HEATING CO. S.E.H. SISTER ROSALIND GEFRE Description FUND AIMS RECYCLING - MAY MEMBERSHIP DUES MDSE FOR RESALE MDSE FOR RESALE CRIME LAB SERVICES - APRIL CONFERENCE REGISTRATION REIMB FOR MILEAGE 5108 MEMBERSHIP FEE TUNE & REPAIR MCC PIANO HR SERVICES 4125 - 5115 DEVELOP RAIN GARDEN DESIGNS LANDSCAPE DESIGN FOR CAMPUS APPLICANT BACKGROUND CHECKS ESCROW RELEASE - 2246,2224 BUILT IN OFFICE FURNITURE BUILT IN OFFICE FURNITURE TRANS MAINT AGREEMENT - QTRLY ESCROW RELEASE - 2695 E 7TH ST KEY TAGS MEMBERSHIP CARDS REPAIR & MAINT - MANLIA ROPE REPAIRS TO FURNACE SERVING FORD CROWN VICTORIA SQUAD CAR FORD CROWN VICTORIA SQUAD CAR FORD CROWN VICTORIA SQUAD CAR FORD CROWN VICTORIA SQUAD CAR ESCROW REL -R CHERMAK -384 LAURIE ESCROW REL -THEIS CONTRACTING - ESCROW REL- ERNEST CONST REPAIR FITNESS EQUIP PROJ 04 -21 - GLADSTONE MASTER REIMB FOR BOOTS 5114 CLAIM DEDUCTIBLE #11059712 RECYCLED CRAYONS FOUNTAIN REPAIRS ESCROW RELEASE - 2354 CO RD D E RESEAL BATHROOM FLOORS REIMB FOR UNIFORMS 1115 - 514 QUARTERLY UNEMPLOYMENT- 1 ST CARTRIDGES MONTHLY UTILITIES SPRING PIR BROCHURES CITY NEWSLETTER - APRIL SCHOOLBROCHURE SUMMER SPORTS CLINIC BROCHURE REIMB FOR MEALS 4126 REFUND A BERNAL - PD MED ASSIST & REFUND J EWALD- FLOWERS ON CITY REFUND D DORSEY - SOFTBALL REFUND W STENERSON - FEB BCBS REFUND M LINDSTROM - UCARE REFUND P QUINN - MEMBERSHIP CHG PRESCRIBED BURN @ PRAIRIE FARM REIMB FOR MILEAGE - 518 TEMPORARY CONTROLLER TEST FOR IRRIGATION SYSTEM PROF SRVS - APRIL MCC MASSAGES - APRIL Amount 6,000.00 21,399.27 680.00 355.27 254.18 160.00 60.00 21.34 30.00 80.00 8,435.00 1,000.96 220.00 50.22 7,129.42 3,886.81 3,358.46 2,217.72 2,533.63 560.00 208.38 434.75 20,516.00 20,516.00 20, 516.00 20,516.00 1,000.00 1,000.00 500.00 500.00 1,112.50 159.00 6,756.20 122.00 95.98 502.25 1,250.84 93.46 10,472.27 99.00 3,400.39 7,129.28 2,064.74 1,589.64 767.69 19.83 249.00 147.97 55.00 20.00 20.00 11.71 2,375.00 23.28 1,583.36 585.00 745.32 2,142.00 Check Register City of Maplewood 05/18/2007 Check Date Vendor Description Amount 72751 0512212007 01538 STRETCHER'S RANGE SUPPLIES 3,124.70 0512212007 01538 STRETCHER'S BALLISTIC VEST 770.00 0512212007 01538 STRETCHER'S DISPOSABLE/SYNTHETIC RESTRAINTS 232.97 0512212007 01538 STRETCHER'S BALLISTIC VEST 101.65 0512212007 01538 STRETCHER'S RANGE SUPPLIES 79.88 0512212007 01538 STRETCHER'S CHG FOR SHIPPING RANGE SUPPLIES 31.95 0512212007 01538 STRETCHER'S RANGE SUPPLIES - 133.13 72752 0512212007 01574 T.R. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 2,381.62 72753 0512212007 03871 VANCE BROTHERS, INC. TACK OIL FOR BITUMINOUS PATCHING 308.85 72754 0512212007 01750 THE WATSON CO INC MDSE FOR RESALE 134.95 0512212007 01750 THE WATSON CO INC MDSE FOR RESALE 128.11 72755 0512212007 03545 PAVEL ZAKHAROV ESCROW RELEASE - 985 CENTURY AVE 1,176.85 196.070.52 53 Checks in this report. A CITY OFMAPLEW0OD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 05/09/07 05/10/07 ARC Administration DCRP& Flex plan payments 082.97 05110K07 05/11107 K4N State Treasurer Drivers License/Deputy Registrar 14 05/11/07 05/12/07 K4N Dept of Natural Resources DNR electronic licenses 1 05/11/07 05/14/07 K4N State Treasurer Drivers Lioense/DeputyFlegistnor 18.256.84 06/14/07 05/16/07 MN State Treasurer Drivers Licenee/DeputyFlegiatnar 17.838.23 05/15/07 05/16/07 MN State Treasurer Drivers Licanoe/DeputyRagintnar 15 05/15/07 05/16/07 US Bank VISA One Card* Purchasing card items 69.771.81 05/10/07 05/17/07 K4N State Treasurer Drivers License/DeputyRegistror 13.054.71 TOTAL 16149387 *Detailed listing of VISA purchases is attached. 05/2512007 Check 72756 72757 72758 72759 72760 72761 72762 72763 72764 72765 72766 72767 72768 72769 72770 72771 72772 72773 72774 72775 72776 72777 72778 72779 72780 72781 72782 72783 72784 72785 72786 72787 72788 72789 72790 72791 72792 72793 72794 rs rA 72795 72796 Check Register City of Maplewood Date 05/22/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/25/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 05/29/2007 Vendor 00001 00585 00687 01337 01337 01504 02410 03714 03833 00111 01811 01811 01811 03738 03881 03658 01372 00589 00612 03880 03121 00483 00483 00735 00735 02612 03882 02967 01951 00982 00986 03270 00001 00001 00001 00001 01254 01254 03872 01387 03879 03879 03879 03848 00198 01524 01574 01574 02069 02069 02069 02069 02069 02069 02069 02069 02069 02069 01764 ONE TIME VENDOR GOPHER STATE ONE -CALL HUGO'S TREE CARE INC RAMSEY COUNTY -PROP REC & REV RAMSEY COUNTY -PROP REC & REV CITY OF ST PAUL WELLS FARGO LEASING INC MELROSE NORTH PYROTECHNICS,INC ADVANCED PUBLIC SAFETY ANIMAL CONTROL SERVICES INC BERNATELLO'S PIZZA INC BERNATELLO'S PIZZA INC BERNATELLO'S PIZZA INC BETHEL & ASSOCIATES, PA CORNERSTONE CONCRETE CHARLES DEAVER DYNAMEX DELIVERS NOW DAVE GRAF GYM WORKS INC H & E CONSTRUCTION HAYLAND WOODS IDEACOM MID - AMERICA IDEACOM MID- AMERICA INTOXIMETERS INC INTOXIMETERS INC DUWAYNE KONEWKO MOUA LEE MARKFORT CONCRETE MEDICARE REFUND METRO FIRE INC METROPOLITAN COUNCIL MIKE MILLER ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PEPSI -COLA COMPANY PEPSI -COLA COMPANY PRO STAFF DR. JAMES ROSSINI SANSIO SANSIO SANSIO SCHOELL & MADSON, INC. ST PAUL REGIONAL WATER SRVS STATE OF MINNESOTA CPV PROGRAM T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC ULTIMATE DRAIN SERVICES INC TOM WESTLING 41 Checks in this report. Description REFUND W STENERSON - FEB BCBS NET BILLABLE TICKETS - APRIL DISEASED OAK TREE REMOVAL ADMIN FEE FOR SPECIAL ASSESSMENTS TIF ADMIN COST REGISTRATION FEES COPIER LEASE 5109 - 6109 JULY 4TH FIREWORKS DISPLAY DEPOSIT ELECT TICKET WRITING SOFTWARE & PATROL & BOARDING FEE 517 - 5120 MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE HR SERVICES 5116 - 5124 ESCROW RELEASE - 2234 WOODLYNN REIMB FOR MILEAGE 3/2 - 3/30 DELIVERY CHARGES KARATE INSTRUCTOR 511 - 5122 REPAIR OF EXERCISE EQUIP ESCROW RELEASE - 738 CRESTVIEW DR FLOWER CUBES FOR RAINGARDEN PHONE REPAIRS PHONE REPAIRS BREATH TEST DEVICES BREATH TEST DEVICES REIMB FOR MILEAGE 4/19 ESCROW RELEASE - 778 VIKING DR E ESCROW RELEASE - 2621 DULUTH ST REFUND AS LIABILITY INS PD 07001522 WATER JETS FOR FLUSHER MONTHLY SAC - APRIL SOFTBALL UMPIRING REFUND MN CRIME VICTIMS -MED ASSIST REFUND G FIKE - SWIM LESSONS REFUND W DWYER - MN REV 02021031 REFUND D DORSEY - SOFTBALL MDSE FOR RESALE MDSE FOR RESALE TEMPORARY CONTROLLER FITNESS PROGRAM ADMIN FEE - MAY EMS RUNSHEETS - APRIL & MAY SRVS EMS RUNSHEETS MARCH SRVS ACTIVATION FEE FOR EMS RUNSHEETS PROFESSIONAL SERVICES TO 5113 WATER UTILITY COOPERATIVE PURCHASING VENTURE VARIOUS BITUMINOUS MATERIALS RECYCLED BASE FOR SEWER REPAIR PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING PROD 07 -01 SEWER TELEVISING TENNIS INSTRUCTOR - SPRING Amount 20.00 919.45 426.00 6,860.00 2,647.47 475.00 1,467.57 5,000.00 18,000.00 1,299.12 252.00 126.00 63.00 3,859.50 5,116.71 52.06 30.10 45.50 1,021.58 2,520.75 44.73 1,327.17 352.56 1,254.04 597.06 52.38 1,295.75 400.00 254.90 51.25 24,876.00 4,218.00 627.30 115.00 71.00 55.00 198.70 183.30 1,979.20 100.00 1,229.19 705.12 400.00 137.50 2,618.96 500.00 8,543.42 202.78 580.00 500.00 350.00 350.00 340.00 275.00 275.00 275.00 275.00 275.00 506.25 UUO Dyao1 8 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 05/07/07 05/07/07 05/17/07 05/17/07 05/17/07 05/17/07 05/17/07 05/18/07 05/20/07 05/20/07 05/21/07 05/21/07 05/21/07 05/21/07 05/21/07 05/22/07 05/22/07 05/23/07 05/23/07 05/08/07 05/08/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/21/07 05/21/07 05/21/07 05/22/07 05/22/07 05/22/07 05/22/07 05/22/07 05/23/07 05/23/07 05/24/07 05/24/07 Discover Discover MN State Treasurer MN Dept of Natural Resources ICMA (Vantagepointe) Orchard Trust MN Dept of Revenue MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer WI Dept of Revenue MidAmerica - ING Labor Unions MN State Treasurer Pitney Bowes MN State Treasurer ARC Administration s Description Credit Card fees Credit Card fees Drivers License /Deputy Registrar DNR electronic licenses Deferred Compensation Deferred Compensation Sales Tax Drivers License /Deputy Registrar Federal Payroll Tax P. E.R.A. Drivers License /Deputy Registrar State Payroll Tax State Payroll Tax HRA Flex plan Union Dues Drivers License /Deputy Registrar Postage Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 33.70 40.00 13,636.00 4,146.95 4,558.66 23,686.94 7,528.00 11, 834.00 94,202.01 65,481.77 24,852.70 18,018.61 1,091.51 1,983.36 4,412.13 22,467.71 2,985.00 13,751.73 2,400.70 1 Visa Transactions 04 -28 -07 to 05 -11 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/07/2007 05/08/2007 VZWRLSS*APOCC VISN $44.29 R CHARLES AHL 05/01/2007 05/02/2007 TI *TASER INTL $450.00 SCOTT ANDREWS 05/04/2007 05/07/2007 ULTRA MAX $141.50 SCOTT ANDREWS 05/04/2007 05/07/2007 FACTORY CARD OUTLET #284 $39.96 MANDY ANZALDI 04/12/2007 05/08/2007 NUCO2 $90.47 JIM BEHAN 04/23/2007 05/08/2007 NUCO2 $90.47 JIM BEHAN 05/01/2007 05/08/2007 NUCO2 $59.12 JIM BEHAN 05/02/2007 05/04/2007 THE HOME DEPOT 2801 $93.56 JIM BEHAN 05/03/2007 05/04/2007 WW GRAINGER 772 $180.93 JIM BEHAN 05/04/2007 05/07/2007 RED WING SHOE STORE $96.00 JIM BEHAN 05/08/2007 05/11/2007 VIKING ELEC- CREDIT DEPT. $133.15 JIM BEHAN 05/10/2007 05/11/2007 VIKING AUTOMATIC SPRINKL $412.00 JIM BEHAN 04/27/2007 04/30/2007 ESRI INC $15.10 CHAD BERGO 04/28/2007 04/30/2007 DEX EAST- LOCKBOX $35.96 HEIDI CAREY 04/30/2007 05/01/2007 INNOVATIVE COLOR PRINTING $169.21 HEIDI CAREY 04/30/2007 05/01/2007 INNOVATIVE COLOR PRINTING $42.30 HEIDI CAREY 05/03/2007 05/04/2007 LITURGICAL PUB -GEN DEP $375.00 HEIDI CAREY 05/07/2007 05/09/2007 INNOVATIVE COLOR PRINTING $169.21 HEIDI CAREY 05/09/2007 05/10/2007 THE UPS STORE #2171 $21.36 HEIDI CAREY 05/10/2007 05/11/2007 LEARNING RESOURCES NETWK $295.00 HEIDI CAREY 04/30/2007 05/01/2007 MENARDS 3022 $6.02 CHARLES DEAVER 05/02/2007 05/03/2007 MENARDS 3022 $13.25 CHARLES DEAVER 05/08/2007 05/09/2007 FRATTALLONE'S ACE HDWE $9.56 CHARLES DEAVER 05/08/2007 05/10/2007 MILLS FLEET FARM #27 $7.93 CHARLES DEAVER 05/09/2007 05/10/2007 G & K SERVICES 006 $169.65 CHARLES DEAVER 05/10/2007 05/11/2007 UNITED RENTALS #D09 $305.80 THOMAS DEBILZAN 05/10/2007 05/11/2007 CUB FOODS, INC. $12.17 THOMAS G EKSTRAND 04/24/2007 04/30/2007 CRAMER BLDG SERVICES INC $332.50 LARRY FARR 04/26/2007 04/30/2007 THERMO -DYNE INC $237.00 LARRY FARR 04/26/2007 04/30/2007 THE HOME DEPOT 2810 $103.49 LARRY FARR 05/01/2007 05/03/2007 OVERHEAD DOOR OF NORTH $1,620.00 LARRY FARR 05/02/2007 05/03/2007 TARGET 00021352 $120.35 LARRY FARR 05/02/2007 05/03/2007 WMS"WASTE MGMT WMEZPAY $358.53 LARRY FARR 05/02/2007 05/03/2007 WMS"WASTE MGMT WMEZPAY $358.53 LARRY FARR 05/02/2007 05/03/2007 WMS"WASTE MGMT WMEZPAY $903.59 LARRY FARR 05/02/2007 05/03/2007 MENARDS 3022 $403.13 LARRY FARR 05/02/2007 05/04/2007 WAL -MART #2643 $37.05 LARRY FARR 05/04/2007 05/07/2007 TARGET 00006197 $54.19 LARRY FARR 05/04/2007 05/07/2007 TWIN CITY HARDWARE HALE $61.77 LARRY FARR 05/04/2007 05/07/2007 CERTIFIED LABORATORIES $306.86 LARRY FARR 05/04/2007 05/07/2007 CERTIFIED LABORATORIES $298.68 LARRY FARR 05/04/2007 05/07/2007 THE HOME DEPOT 2801 $24.90 LARRY FARR 05/07/2007 05/09/2007 GOPHER STAGE LIGHTING INC $32526 LARRY FARR 05/08/2007 05/10/2007 THE HOME DEPOT 2810 $105.31 LARRY FARR 05/09/2007 05/10/2007 MENARDS 3022 ($127.79) LARRY FARR 05/09/2007 05/10/2007 G & K SERVICES 006 $550.76 LARRY FARR 05/09/2007 05/10/2007 PREMIUM WATERS INC $5.33 LARRY FARR 05/09/2007 05/10/2007 MENARDS 3022 $145.88 LARRY FARR 05/09/2007 05/11/2007 THE HOME DEPOT 2810 $134.99 LARRY FARR 05/10/2007 05/11/2007 G & K SERVICES 006 $217.22 LARRY FARR 05/09/2007 05/11/2007 THE HOME DEPOT 2801 $40.40 DAVID FISHER 05/10/2007 05/11/2007 MENARDS 3059 $96.47 DAVID FISHER 04/30/2007 05/02/2007 INSIGHT PUBLIC SECTORS $146.88 MYCHAL FOWLDS 05/01/2007 05/03/2007 CRABTREE COMPANIES INC $4,412.00 MYCHAL FOWLDS 05/08/2007 05/09/2007 MAPLEWOOD PARKS AND RECRE $60.00 MYCHAL FOWLDS 10 Visa Transactions 04 -28 -07 to 05 -11 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/08/2007 05/09/2007 MAPLEWOOD PARKS AND RECRE $60.00 MYCHAL FOWLDS 04/27/2007 04/30/2007 HP DIRECT- PUBLICSECTOR $2,434.16 NICK FRANZEN 05/03/2007 05/04/2007 APL *APPLE ONLINE STORE $2,006.46 NICK FRANZEN 05/04/2007 05/07/2007 DELL MARKETING L.P. $1,641.69 NICK FRANZEN 05/04/2007 05/07/2007 HP DIRECT- PUBLICSECTOR $2,597.96 NICK FRANZEN 05/07/2007 05/09/2007 PANASONIC COMMUNCTN $108.99 NICK FRANZEN 05/07/2007 05/09/2007 DELL MARKETING L.P. $530.37 NICK FRANZEN 05/08/2007 05/09/2007 OLYMPIC CONTROLS CORP $326.30 NICK FRANZEN 05/02/2007 05/04/2007 OFFICE DEPOT #1090 $24.05 PATRICIA FRY 05/09/2007 05/10/2007 PITNEY BOWES INVOICE $881.82 PATRICIA FRY 04/30/2007 05/01/2007 MENARDS 3059 $48.10 VIRGINIA GAYNOR 05/03/2007 05/04/2007 GAL *GALLS INC $43.59 CLARENCE GERVAIS 04/26/2007 04/30/2007 OFFICE DEPOT #1090 $78.50 JEAN GLASS 05/01/2007 05/03/2007 OFFICE DEPOT #1090 $110.67 JEAN GLASS 05/08/2007 05/09/2007 FEDEX KINKO'S #0617 $94.30 JEAN GLASS 05/02/2007 05/03/2007 DISCOUNTSAFETYGEAR.COM $36.84 MIKE GRAF 05/02/2007 05/03/2007 CLOVER SUPER FOODS $139.88 MIKE GRAF 05/02/2007 05/03/2007 DISPLAYS 2 GO $201.73 MIKE GRAF 05/03/2007 05/07/2007 STREAMLINE DESIGN INC $1,224.00 MIKE GRAF 05/03/2007 05/07/2007 S &S WORLDWIDE $137.17 MIKE GRAF 05/08/2007 05/10/2007 THE HOME DEPOT 2801 $28.50 MIKE GRAF 05/09/2007 05/11/2007 ARAMARK REF SVS #6013- $332.53 MIKE GRAF 05/09/2007 05/11/2007 RADIO SHACK 00161455 $29.79 MIKE GRAF 05/01/2007 05/03/2007 MED /PROFESS. SEMINARS $205.00 KAREN E GUILFOILE 05/01/2007 05/03/2007 MED /PROFESS. SEMINARS $205.00 KAREN E GUILFOILE 05/10/2007 05/11/2007 PROPERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 05/03/2007 05/04/2007 FRA -DOR BLACK DIRT & REC $55.91 MARK HAAG 05/07/2007 05/08/2007 HENRIKSEN ACE HARDWARE $6.76 MARK HAAG 05/01/2007 05/03/2007 OFFICE DEPOT #1090 $32.22 LORI HANSON 05/04/2007 05/07/2007 OFFICE DEPOT #1090 $52.21 LORI HANSON 04/27/2007 04/30/2007 KAT KEY'S LOCK & SAFE $12.75 PATRICK HEFFERNAN 04/28/2007 04/30/2007 THE HOME DEPOT 2801 $5.79 PATRICK HEFFERNAN 05/01/2007 05/02/2007 MENARDS 3059 $6.38 PATRICK HEFFERNAN 05/04/2007 05/07/2007 THE TESSMAN COMPANY $101.18 RICK HERLUND 05/04/2007 05/07/2007 THE HOME DEPOT 2801 $149.36 RICK HERLUND 04/26/2007 04/30/2007 HYDROLOGIC WATER MANAGEME $299.40 GARY HINNENKAMP 04/27/2007 04/30/2007 HYDROLOGIC WATER MANAGEME $141.91 GARY HINNENKAMP 04/30/2007 05/01/2007 HEJNY RENTAL $11.55 GARY HINNENKAMP 05/07/2007 05/08/2007 CARPENTERS SMALL ENGINE R $41.98 GARY HINNENKAMP 04/28/2007 04/30/2007 KNOWLANS #2 $59.69 ANN E HUTCHINSON 04/28/2007 04/30/2007 KNOWLANS #2 $9.15 ANN E HUTCHINSON 05/01/2007 05/03/2007 DE LADE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 05/05/2007 05/08/2007 DONUT HUT OAKDALE $24.98 ANN E HUTCHINSON 05/07/2007 05/09/2007 ADAMS PEST CONTROL $69.23 ANN E HUTCHINSON 05/09/2007 05/11/2007 DEGE GARDEN CENTER $48.94 ANN E HUTCHINSON 05/01/2007 05/07/2007 DALCO ENTERPRISES, INC $584.69 DAVID JAHN 05/04/2007 05/10/2007 DALCO ENTERPRISES, INC $13.23 DAVID JAHN 05/07/2007 05/09/2007 INN ROOM SUPPLIES INC $75.35 DAVID JAHN 04/30/2007 05/01/2007 DOWN TOWNER CARWAS $127.28 TOM KALKA 04/30/2007 05/01/2007 THE UPS STORE #2171 $13.78 TOM KALKA 05/02/2007 05/03/2007 THE UPS STORE #2171 $12.99 TOM KALKA 05/02/2007 05/03/2007 HENRIKSEN ACE HARDWARE $10.59 TOM KALKA 05/04/2007 05/07/2007 HENRIKSEN ACE HARDWARE $14.80 TOM KALKA 05/07/2007 05/09/2007 GOODYEAR AUTO SRV CT 6920 $44.00 TOM KALKA 05/02/2007 05/04/2007 WORLD FOOTLOCKER #5032 $94.99 FLINT KARIS 11 Visa Transactions 04 -28 -07 to 05 -11 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/10/2007 05/11/2007 NAT ASSO OF TOWN WATCH $131.75 FLINT KARIS 04/30/2007 05/02/2007 PANERA BREAD #3459 $40.46 LOIS KNUTSON 05/01/2007 05/03/2007 LISPS POSTAL STORE $42.00 LOIS KNUTSON 04/27/2007 05/01/2007 COREPOWER YOGA MN $165.00 MARY B KOEHNEN 04/28/2007 04/30/2007 MCDONALD'S F3117 $117.15 DUWAYNE KONEWKO 04/30/2007 05/01/2007 U OF M WATER RESOURCES $120.00 DUWAYNE KONEWKO 05/01/2007 05/02/2007 VZWRLSS *APOCC VISN $66.85 DUWAYNE KONEWKO 05/08/2007 05/10/2007 DEFENSEDIVECES.COM $63.72 DAVID KVAM 05/09/2007 05/10/2007 PAYPAL *ESPRESSINC $134.70 DAVID KVAM 05/02/2007 05/03/2007 ECI *GOTOMYPC.COM SVCS $19.95 ERIN M LABEREE 05/11/2007 05/11/2007 SPRINTPCS AUTOPYMT RC1 $55.77 ERIN M LABEREE 04/25/2007 05/02/2007 DALCO ENTERPRISES, INC $179.70 MICHAEL LIDBERG 05/05/2007 05/07/2007 SUPERAMERICA 4089 Q64 $5.96 MICHAEL LIDBERG 04/26/2007 04/30/2007 MILLS FLEET FARM #27 $46.48 DENNIS LINDORFF 04/27/2007 04/30/2007 HEJNY RENTAL $125.88 DENNIS LINDORFF 04/27/2007 04/30/2007 HEJNY RENTAL $31.19 DENNIS LINDORFF 05/07/2007 05/10/2007 SOUTH ST PAUL STEEL $102.99 DENNIS LINDORFF 04/30/2007 05/02/2007 AIRGAS NORTH CENTRAL $936.92 STEVE LUKIN 05/02/2007 05/04/2007 PAPA JOHNS #1838 $14.46 STEVE LUKIN 05/02/2007 05/04/2007 PAPA JOHNS #1838 $18.93 STEVE LUKIN 05/02/2007 05/04/2007 JEFFERSON FIRE & SAFETY 1 $194.26 STEVE LUKIN 05/02/2007 05/04/2007 THE HOME DEPOT 2801 $10.59 STEVE LUKIN 05/04/2007 05/07/2007 METRO FIRE $390.00 STEVE LUKIN 05/05/2007 05/07/2007 WMS *WASTE MGMT WMEZPAY $289.32 STEVE LUKIN 04/27/2007 04/30/2007 TURF WORKS FEI EAST $121.41 MARK MARUSKA 05/01/2007 05/02/2007 TWIN CITY SAW CO. $71.43 MARK MARUSKA 05/01/2007 05/03/2007 BEST LOCK $200.73 MARK MARUSKA 05/02/2007 05/03/2007 METRO ATHLETIC SUPPLY $447.20 MARK MARUSKA 05/02/2007 05/03/2007 TURF WORKS FEI EAST $121.41 MARK MARUSKA 05/03/2007 05/04/2007 NORTHERN TOOL EQUIP -MN $40.45 MARK MARUSKA 05/03/2007 05/04/2007 NORTHERN TOOL EQUIP -MN $35.13 MARK MARUSKA 05/08/2007 05/11/2007 AMERICAN FASTENER & SUPPL $27.33 MARK MARUSKA 05/09/2007 05/10/2007 G & K SERVICES 006 $323.61 MARK MARUSKA 05/09/2007 05/10/2007 METRO ATHLETIC SUPPLY $212.74 MARK MARUSKA 05/09/2007 05/10/2007 WMS *WASTE MGMT WMEZPAY $1,489.73 MARK MARUSKA 05/01/2007 05/03/2007 SPRINT -STORE #2430 $21.39 JON A MELANDER 05/04/2007 05/07/2007 RAINBOW FOODS 00088153 $95.60 JON A MELANDER 05/05/2007 05/07/2007 TARGET 00006940 $9.64 JON A MELANDER 05/02/2007 05/03/2007 HEJNY RENTAL $131.93 ALEISA METRY 05/06/2007 05/07/2007 TARGET 00021014 $110.69 ALEISA METRY 05/02/2007 05/03/2007 METROCALL ARCH WIRE $15.93 ED NADEAU 04/27/2007 04/30/2007 MOGREN LANDSCAPE SUPPLY L $332.81 JOHN NAUGHTON 04/26/2007 04/30/2007 OFFICE DEPOT #1090 $198.29 AMY NIVEN 04/27/2007 04/30/2007 OFFICE DEPOT #1090 ($19.82) AMY NIVEN 04/27/2007 04/30/2007 RAINBOW FOODS 00088617 $34.63 AMY NIVEN 04/27/2007 04/30/2007 HOLIDAY STATIONSTORE $9.54 AMY NIVEN 05/08/2007 05/10/2007 OFFICE MAX $16.17 AMY NIVEN 05/10/2007 05/11/2007 G & K SERVICES 006 $520.28 AMY NIVEN 05/10/2007 05/11/2007 G & K SERVICES 006 $190.20 AMY NIVEN 05/10/2007 05/11/2007 G & K SERVICES 006 $104.60 AMY NIVEN 05/01/2007 05/03/2007 THE HOME DEPOT 2801 $4.99 ERICK OSWALD 04/30/2007 05/01/2007 OFFICE DEPOT #1090 $32.84 MARY KAY PALANK 05/04/2007 05/07/2007 OFFICE DEPOT #1090 $18.29 MARY KAY PALANK 05/07/2007 05/08/2007 OFFICE DEPOT #1090 $12.36 MARY KAY PALANK 04/30/2007 05/01/2007 OFFICE DEPOT #1090 $19.75 KATHLEEN PECK HALL 12 Visa Transactions 04 -28 -07 to 05 -11 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/01/2007 05/02/2007 REED BUS INFO ACCT REC $414.78 KATHLEEN PECK HALL 05/10/2007 05/11/2007 LILLIE SUBURBAN NEWSPAPE $769.18 KATHLEEN PECK HALL 04/30/2007 05/01/2007 TARGET 00011858 $103.28 ROBERT PETERSON 05/09/2007 05/11/2007 EAT INC $30.95 ROBERT PETERSON 04/25/2007 04/30/2007 DR WWW ELEMENTS INFO $32.05 PHILIP F POWELL 04/27/2007 04/30/2007 ULINE *SHIP SUPPLIES $63.52 PHILIP F POWELL 04/27/2007 05/01/2007 WOLF CAMERA #1530 $7.87 PHILIP F POWELL 04/30/2007 05/01/2007 MEDTECH FORENSICS INC $202.35 PHILIP F POWELL 05/01/2007 05/02/2007 MEDTECH FORENSICS INC $111.90 PHILIP F POWELL 05/01/2007 05/03/2007 OFFICE MAX $61.23 PHILIP F POWELL 05/02/2007 05/03/2007 ABACUS PLUS SERVICES INC $303.53 PHILIP F POWELL 05/03/2007 05/04/2007 ABACUS PLUS SERVICES INC $234.30 PHILIP F POWELL 05/03/2007 05/07/2007 SOS OFFICE FURNITURE $465.45 PHILIP F POWELL 05/04/2007 05/07/2007 ABACUS PLUS SERVICES INC $142.71 PHILIP F POWELL 05/08/2007 05/09/2007 HENRIKSEN ACE HARDWARE $5.72 PHILIP F POWELL 05/09/2007 05/10/2007 ABETECH $85.31 PHILIP F POWELL 05/09/2007 05/11/2007 DCABLES $31.92 PHILIP F POWELL 04/28/2007 04/30/2007 THE HOME DEPOT 2801 $63.55 ROBERT PRECHTEL 04/28/2007 04/30/2007 BOUND TREE MEDICAL LLC $128.88 ROBERT PRECHTEL 04/30/2007 05/01/2007 PHILIPS MEDICAL SYSTEMS $311.90 ROBERT PRECHTEL 05/01/2007 05/02/2007 BOUND TREE MEDICAL LLC $262.50 ROBERT PRECHTEL 05/05/2007 05/07/2007 BOUND TREE MEDICAL LLC $189.90 ROBERT PRECHTEL 05/07/2007 05/09/2007 OFFICE MAX $18.40 ROBERT PRECHTEL 05/10/2007 05/11/2007 FEDEX KINKO'S #0617 $3.34 ROBERT PRECHTEL 05/01/2007 05/02/2007 GE CAPITAL $331.22 WILLIAM J PRIEFER 05/03/2007 05/04/2007 SPRINT *WIRELESS SVCS $362.55 WILLIAM J PRIEFER 05/09/2007 05/10/2007 THE STAR TRIBUNE CIRCULAT $130.00 WILLIAM J PRIEFER 04/26/2007 04/30/2007 KATH AUTO PARTS NSP $23.49 STEVEN PRIEM 04/26/2007 04/30/2007 GOODYEAR AUTO SRV CT 6920 $44.00 STEVEN PRIEM 04/27/2007 05/01/2007 BAUER BULT TRE33200023 $117.49 STEVEN PRIEM 04/30/2007 05/01/2007 TRUCK UTILITIES INC $67.18 STEVEN PRIEM 04/30/2007 05/02/2007 ZARNOTH BRUSH WORKS $154.37 STEVEN PRIEM 04/30/2007 05/02/2007 KATH AUTO PARTS NSP $85.58 STEVEN PRIEM 04/30/2007 05/02/2007 BAUER BULT TRE33200023 $55.01 STEVEN PRIEM 05/01/2007 05/03/2007 ZARNOTH BRUSH WORKS $1,755.12 STEVEN PRIEM 05/01/2007 05/03/2007 KATH AUTO PARTS NSP $33.97 STEVEN PRIEM 05/02/2007 05/04/2007 BOYER FORD TRUCKS INC $685.33 STEVEN PRIEM 05/03/2007 05/04/2007 H & L MESABI COMPANY $1,951.21 STEVEN PRIEM 05/03/2007 05/04/2007 PARTS ASSOCIATES INC $326.50 STEVEN PRIEM 05/03/2007 05/07/2007 KATH AUTO PARTS NSP $180.03 STEVEN PRIEM 05/03/2007 05/07/2007 KATH AUTO PARTS NSP $20.28 STEVEN PRIEM 05/03/2007 05/07/2007 ZARNOTH BRUSH WORKS $645.39 STEVEN PRIEM 05/04/2007 05/07/2007 BAUER BULT TRE33200023 $882.54 STEVEN PRIEM 05/04/2007 05/07/2007 POMPS TIRE SERVICE $416.63 STEVEN PRIEM 05/04/2007 05/07/2007 FACTORY MOTOR PARTS #19 $95.94 STEVEN PRIEM 05/04/2007 05/07/2007 JOHN FRYE DISTRIBUTING $43.65 STEVEN PRIEM 05/07/2007 05/08/2007 PIONEER RIM & WHEEL CO. $65.94 STEVEN PRIEM 05/07/2007 05/08/2007 DIESEL & IMPORT AUTO /TRUC $327.83 STEVEN PRIEM 05/07/2007 05/09/2007 KATH AUTO PARTS NSP $24.71 STEVEN PRIEM 05/08/2007 05/10/2007 GOODYEAR AUTO SRV CT 6920 $86.07 STEVEN PRIEM 05/02/2007 05/03/2007 ACCURINT EOM AUTO P $30.00 KEVIN RABBETT 05/02/2007 05/04/2007 UNIFORMS UNLIMITED $798.26 KEVIN RABBETT 05/03/2007 05/04/2007 GRAFIX SHOPPE $213.00 KEVIN RABBETT 05/03/2007 05/04/2007 SPRINT *SPRNTNEXTELIVR $2,090.07 KEVIN RABBETT 05/03/2007 05/07/2007 SHRED -IT 01 OF 01 $219.78 KEVIN RABBETT 13 Visa Transactions 04 -28 -07 to 05 -11 -07 Trans Date Posting Date Merchant Name Trans Amount Name 04/26/2007 04/30/2007 THE STAR TRIBUNE ADVERTIS $69.60 TERRIE RAMEAUX 04/26/2007 04/30/2007 THE STAR TRIBUNE ADVERTIS $784.40 TERRIE RAMEAUX 05/02/2007 05/03/2007 USI ED GOV $16.20 TERRIE RAMEAUX 05/08/2007 05/09/2007 MN OCCUPATIONAL HEALTH $689.00 TERRIE RAMEAUX 05/10/2007 05/11/2007 PIONEER PRESS ADVERTISIN $2,766.68 TERRIE RAMEAUX 04/27/2007 04/30/2007 HILLYARD INC MINNEAPOLIS $867.62 MICHAEL REILLY 04/27/2007 04/30/2007 HILLYARD INC MINNEAPOLIS $568.04 MICHAEL REILLY 04/27/2007 04/30/2007 MENARDS 3059 $98.94 MICHAEL REILLY 05/03/2007 05/04/2007 HILLYARD INC MINNEAPOLIS $365.16 MICHAEL REILLY 05/02/2007 05/03/2007 MOGREN LANDSCAPE SUPPLY L $122.48 ROBERT RUNNING 05/02/2007 05/04/2007 HYDROLOGIC WATER MANAGEME $3.82 ROBERT RUNNING 05/08/2007 05/09/2007 RED WING SHOE STORE #7 $173.40 ROBERT RUNNING 05/09/2007 05/11/2007 SEARS ROEBUCK 1122 $15.95 ROBERT RUNNING 05/09/2007 05/11/2007 VANCE BROTHERS INC $277.43 ROBERT RUNNING 04/27/2007 04/30/2007 TARGET 00011858 $11.72 HARRIET J RYDEL 04/30/2007 05/01/2007 OFFICE DEPOT #1090 $61.33 HARRIET J RYDEL 05/01/2007 05/02/2007 GE CAPITAL $43.67 HARRIET J RYDEL 04/27/2007 04/30/2007 MILLS FLEET FARM #27 $73.92 JAMES SCHINDELDECKER 05/04/2007 05/07/2007 OFFICE DEPOT #1090 $93.61 DEB SCHMIDT 04/27/2007 04/30/2007 UNIFORMS UNLIMITED INC $22.21 MICHAEL SHORTREED 04/30/2007 05/02/2007 UNIFORMS UNLIMITED INC $17.57 MICHAEL SHORTREED 05/01/2007 05/03/2007 LAMETTRY'S COLLISION 4 $668.72 MICHAEL SHORTREED 05/01/2007 05/03/2007 HEAD LITES CORPORATION $538.52 MICHAEL SHORTREED 05/02/2007 05/03/2007 CUB FOODS, INC. $20.94 MICHAEL SHORTREED 05/03/2007 05/07/2007 UNIFORMS UNLIMITED INC $1,365.93 MICHAEL SHORTREED 04/27/2007 04/30/2007 DE LADE LANDEN OP01 OF 01 $161.88 ANDREA SINDT 04/27/2007 04/30/2007 T- MOBILE IVR PAYMENT $26.51 ANDREA SINDT 04/28/2007 04/30/2007 SPRINT *NEXTEL -CS $401.04 ANDREA SINDT 05/09/2007 05/10/2007 GOVERNMENT TRAINING SVC $125.00 ANDREA SINDT 05/03/2007 05/07/2007 HEADSETS.COM INC $287.90 PAULINE STAPLES 05/01/2007 05/02/2007 T- MOBILE $135.17 DOUGLAS J TAUBMAN 05/01/2007 05/03/2007 ON SITE SANITATION INC $217.26 DOUGLAS J TAUBMAN 05/02/2007 05/03/2007 METRO ATHLETIC SUPPLY $623.24 DOUGLAS J TAUBMAN 05/04/2007 05/07/2007 METRO ATHLETIC SUPPLY $243.16 DOUGLAS J TAUBMAN 05/02/2007 05/03/2007 FSH COMMUNICATION01 OF 01 $63.90 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $140.58 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $378.51 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $257.83 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 05/05/2007 05/07/2007 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 04/30/2007 05/02/2007 BEST BUY MHT 00000109 $26.61 MICHAEL THOMPSON 04/26/2007 04/30/2007 CHAN'S CHINESE RESTAURANT $5.33 SUSAN ZWIEG 04/30/2007 05/02/2007 ANCOM TECHNICAL CENTER IN $484.59 SUSAN ZWIEG 05/03/2007 05/07/2007 QUILL CORPORATION $175.36 SUSAN ZWIEG 05/07/2007 05/09/2007 QUILL CORPORATION $136.27 SUSAN ZWIEG 05/09/2007 05/11/2007 MINN FIRE SVC CERT BOARD $255.00 SUSAN ZWIEG $69,771.91 1111 Check Register City of Maplewood Check Date Vendor 26,532.00 72797 05/2912007 00986 METROPOLITAN COUNCIL 72798 06/0512007 02728 KIMLEY -HORN & ASSOCIATES INC 72799 06/0512007 01819 MCLEOD USA 72800 06/0512007 01504 CITY OF ST PAUL 72801 06/0512007 01190 XCEL ENERGY K -9 MAINTENANCE - JUNE 0610512007 01190 XCEL ENERGY 72802 0610512007 01798 YOCUM OIL CO. 72803 0610512007 03727 ADVANCED WATERJET TECH INC 72804 0610512007 00122 ARDEN SHOREVIEW ANIMAL HOSP 72805 0610512007 03824 ASSURANT EMPLOYEE BENEFITS 72806 06/0512007 03744 ANTHONY BARILLA, JR 72807 06/0512007 03513 BRIAN BIERDEMAN 72808 06/0512007 01865 DON BOWMAN 72809 0610512007 00206 BOYER TRUCK PARTS 72810 0610512007 02929 CNAGLAC 72811 0610512007 01871 KENNETH COOPER 72812 0610512007 03885 STEVEN DEVICH 72813 0610512007 02921 MICHAEL J DUGAS 72814 06/0512007 00547 G.L. BERG & ASSOCIATES ENT 72815 06/0512007 03516 ANTHONY GABRIEL 72816 06/0512007 00545 GFOA 72817 0610512007 01867 PERRY HANSOM 72818 0610512007 00668 STEVEN HIEBERT 72819 0610512007 03883 CITY OF HOPKINS 72820 0610512007 03538 PATRICK JAMES HUBBARD 72821 0610512007 01605 IFP TEST SERVICES INC 72822 06/0512007 02778 JUST JUMP INC 72823 06/0512007 03729 KNAAK & KANTRUD PA 72824 06/0512007 00816 KREMER SPRING & ALIGNMENT INC 72825 0610512007 00820 KUSTOM SIGNALS INC 72826 0610512007 00953 MCCARTHY WELL COMPANY 72827 0610512007 03818 MEDICA 72828 0610512007 00985 METROPOLITAN COUNCIL 72829 0610512007 01085 MN LIFE INSURANCE 72830 06/0512007 01126 MN NCPERS LIFE INSURANCE 72831 06/0512007 01110 MOST DEPENDABLE FOUNTAINS 72832 06/0512007 01160 NEWMAN TRAFFIC SIGNS 72833 0610512007 00001 ONE TIME VENDOR 72834 0610512007 01863 ROGER PACKER 72835 0610512007 03884 POLAR BEAR ORDNANCE, INC. 72836 0610512007 01284 POSTMASTER 72837 0610512007 03872 PRO STAFF 72838 06/0512007 01345 RAMSEY COUNTY 72839 06/0512007 01409 S.E.H. 06/0512007 01409 S.E.H. 0610512007 01409 S.E.H. 0610512007 01409 S.E.H. 0610512007 01409 S.E.H. 0610512007 01409 S.E.H. 0610512007 01409 S.E.H. 06/0512007 01409 S.E.H. 06/0512007 01409 S.E.H. 06/0512007 01409 S.E.H. 72840 0610512007 01418 SAM'S CLUB DIRECT 0610512007 01418 SAM'S CLUB DIRECT 0610512007 01418 SAM'S CLUB DIRECT 0610512007 01418 SAM'S CLUB DIRECT 0610512007 01418 SAM'S CLUB DIRECT Description Amount MONTHLY SAC - APRIL 26,532.00 PROJ 04 -21 PROF SRVS THRU 4130 10,919.34 LOCAL PHONE SERVICE 4116 - 5115 2,137.12 REGISTRATION FEE 4,000.00 ELECTRIC & GAS UTILITY 19,491.52 ELECTRIC UTILITY 1,000.94 UNLEADED MID -GRADE 89 OCTANE GAS 20,445.26 REMOVAL OF REFLECTIVE SHEETING- 1,317.88 CANINE VET FEES 198.20 MONTHLY PREMIUM - JUNE 10,009.67 VOLLEYBALL OFFICIAL 253.00 K -9 MAINTENANCE - JUNE 35.00 VOLLEYBALL OFFICIAL 228.00 PARTS 683.17 MONTHLY PREMIUM - JUNE 509.66 VOLLEYBALL OFFICIAL 46.00 4TH OF JULY- DEPOSIT FOR BAND 1,350.00 REIMB FOR TUITION 02101 - 05131 641.25 TASTE OF MAPLEWOOD 1,000.00 K -9 MAINTENANCE - JUNE 35.00 MEMBERSHIP RENEWAL 240.00 VOLLEYBALL OFFICIAL 460.00 K -9 MAINTENANCE - JUNE 35.00 REGISTRATION FEES 450.00 VOLLEYBALL OFFICIAL 575.00 PSYCH EXAM FOR CANDIDATE 375.00 TASTE OF MAPLEWOOD INFLATABLE 649.65 PROSECUTION /LEGAL SERVICES - JUNE 16,500.00 PARTS & LABOR 517.19 NEW RADAR UNIT 1,834.65 PUMP PERFORMANCE & ELECT 498.50 MONTHLY PREMIUM - JUNE 143,784.00 WASTEWATER - JUNE 201,847.06 MONTHLY PREMIUM - JUNE 3,514.09 PERA LIFE INS - JUNE 348.00 0 -RING ASSEMBLY 83.00 ALUMINUM BLANKS 617.70 REFUND E KISER - BCBS BENEFIT 52.00 VOLLEYBALL OFFICIAL 276.00 AMMUNITION 2,555.00 MAILING OF CITY NEWS PERMIT4903 4,000.00 TEMPORARY CONTROLLER 1,979.20 DISPATCHERS TRANSFERRED AL HRS 19,373.48 PROJ 07 -01 PROF SRVS - APRIL 68,779.71 PROJ 04 -21 PROF SRVS - APRIL 9,416.19 PROJ 06 -02 PROF SRVS - APRIL 2,790.62 PROJ 06 -05 PROF SRVS - APRIL 2,237.67 PROJ 06 -17 PROF SRVS - APRIL 1,522.72 PROF SRVS - APRIL 736.09 PROJ 07 -09 PROF SRVS - APRIL 728.32 PROJ 03 -20 PROF SRVS - APRIL 474.52 PROJ 02 -07 PROF SRVS - APRIL 364.76 PROJ 04 -05 PROF SRVS - APRIL 245.00 DANCE/GYM SUPPLIES 415.81 MDSE FOR RESALE 300.06 MEMBERSHIP RENEWALS 260.00 MDSE FOR RESALE 223.95 MDSE FOR RESALE 145.48 15 Check Register City of Maplewood Check Date Vendor 143.36 CAKES & GRAB BAG SUPPLIES FOR B- 06/0512007 01418 SAM'S CLUB DIRECT ANNUAL ADMIN FEE 06/0512007 01418 SAM'S CLUB DIRECT CAKES FOR BIRTHDAY PROGRAM 06/0512007 01418 SAM'S CLUB DIRECT NATURE CENTER SUPPLIES 06/0512007 01418 SAM'S CLUB DIRECT METER HOOK UP AT 3050 KENNARD ST 06/0512007 01418 SAM'S CLUB DIRECT AMMUNITION 0610512007 01418 SAM'S CLUB DIRECT SILICONE SPRAY 0610512007 01418 SAM'S CLUB DIRECT PARTS 0610512007 01418 SAM'S CLUB DIRECT CONV KIT FOR UNIT #656 0610512007 01418 SAM'S CLUB DIRECT 72841 0610512007 00198 ST PAUL REGIONAL WATER SRVS 72842 06/0512007 01915 NANCY STEFFEN 72843 06/0512007 01538 STREICHER'S 72844 06/0512007 01578 T R F SUPPLY CO. 0610512007 01578 T R F SUPPLY CO. 72845 0610512007 01574 T.A. SCHIFSKY & SONS, INC 72846 0610512007 01634 TOUSLEY FORD, INC. 72847 0610512007 03350 JOE TSCHIDA 72848 0610512007 03828 TURFW ERKS 72849 06/0512007 00529 UNION SECURITY INSURANCE CO 72850 06/0512007 01750 THE WATSON CO INC 06/0512007 01750 THE WATSON CO INC 72851 0610512007 01872 MARK WEBER 55 Checks in this report. Description Amount GYM SUPPLIES 143.36 CAKES & GRAB BAG SUPPLIES FOR B- 134.47 MDSE FOR RESALE 117.37 ANNUAL ADMIN FEE 50.00 DANCE SUPPLIES 42.41 CAKES FOR BIRTHDAY PROGRAM 39.46 CAKE FOR BIRTHDAY PROGRAM 12.87 NATURE CENTER SUPPLIES 12.46 DANCE SUPPLIES 7.07 METER HOOK UP AT 3050 KENNARD ST 126.02 VOLLEYBALL OFFICIAL 69.00 AMMUNITION 3,990.00 MISC SUPPLIES 466.47 SILICONE SPRAY 52.18 VARIOUS BITUMINOUS MATERIALS 1,690.01 PARTS 286.79 REIMB FOR BIKE TRAINING SUPPLIES 31.93 CONV KIT FOR UNIT #656 1,880.16 LTD PLAN 4043120 -2 - JUNE 3,017.72 MDSE FOR RESALE 195.07 MDSE FOR RESALE 83.51 VOLLEYBALL OFFICIAL 69.00 ouc.oao. 10 Itm CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description 05/24/07 05/25/07 MN State Treasurer Drivers License /Deputy Registrar 05/24/07 05/25/07 MN Dept of Natural Resources DNR electronic licenses 05/25/07 05/28/07 MN State Treasurer Drivers License /Deputy Registrar 05/28/07 05/29/07 MN State Treasurer Drivers License /Deputy Registrar 05/29/07 05/30/07 MN State Treasurer Drivers License /Deputy Registrar 05/29/07 05130/07 US Bank VISA One Card* Purchasing card items 05/30/07 05/31/07 MN State Treasurer Drivers License /Deputy Registrar TOTAL *Detailed listing of VISA purchases is attached. Amount 15,492.38 1,846.00 12, 324.38 20,020.27 23,468.26 46,050.86 22,437.12 17 Visa Transactions 05 -12 -07 to 05 -25 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/11/2007 05/15/2007 GRAND VIEW LODGE & TENNIS $287.06 R CHARLES AHL 05/11/2007 05/15/2007 GRAND VIEW LODGE & TENNIS $100.00 R CHARLES AHL 05/18/2007 05/21/2007 ULTRA MAX $1,340.00 SCOTT ANDREWS 05/10/2007 05/14/2007 S &S WORLDWIDE $154.62 MANDY ANZALDI 05/12/2007 05/14/2007 FACTORY CARD OUTLET #284 $40.73 MANDY ANZALDI 05/15/2007 05/17/2007 ORIENTAL TRADING CO $82.39 MANDY ANZALDI 05/18/2007 05/21/2007 FACTORY CARD OUTLET #284 $94.33 MANDY ANZALDI 05/09/2007 05/14/2007 VIKING ELEC- CREDIT DEPT. {$13115} JIM BEHAN 05/11/2007 05/14/2007 MUSKA LIGHTING CENTER $868.88 JIM BEHAN 05/11/2007 05/14/2007 MUSKA LIGHTING CENTER $216.08 JIM BEHAN 05/14/2007 05/15/2007 GOPHER BEARING COMPANY $108.16 JIM BEHAN 05/14/2007 05/15/2007 NORTH HEIGHTS HARDWARE IN $63.64 JIM BEHAN 05/14/2007 05/16/2007 AQUA LOGIC INC $1,090.56 JIM BEHAN 05/15/2007 05/17/2007 THE HOME DEPOT 2801 $58.50 JIM BEHAN 05/16/2007 05/17/2007 API SUPPLY INC $197.03 JIM BEHAN 05/18/2007 05/23/2007 BLOOMINGTON SECURITY SOLU $82.54 JIM BEHAN 05/20/2007 05/21/2007 SPRINT *WIRELESS SVCS $46.56 JIM BEHAN 05/21/2007 05/23/2007 GOPHER BEARING COMPANY $28.78 JIM BEHAN 05/24/2007 05/25/2007 HENRIKSEN ACE HARDWARE $35.09 JIM BEHAN 05/12/2007 05/14/2007 DEGE GARDEN CENTER $9.55 OAKLEY BIESANZ 05/23/2007 05/24/2007 KNOWLANS #2 $12.36 OAKLEY BIESANZ 05/23/2007 05/25/2007 DEGE GARDEN CENTER $18.89 OAKLEY BIESANZ 05/14/2007 05/16/2007 GREEN MILL $42.89 RON BOURQUIN 05/24/2007 05/25/2007 NORTHERN TOOL EQUIP -MN $41.36 RON BOURQUIN 05/24/2007 05/25/2007 MENARDS 3059 $31.15 TROY BRINK 05/14/2007 05/15/2007 DGI *DYNAMIC GRAPHICS $79.00 HEIDI CAREY 05/15/2007 05/16/2007 APL *APPLE ONLINE STORE {$137.39} HEIDI CAREY 05/17/2007 05/18/2007 FEDEX KINKO'S #0617 $28.12 HEIDI CAREY 05/21/2007 05/22/2007 SEMINARS NAT'L /PADGETT $39.75 HEIDI CAREY 05/24/2007 05/25/2007 MINNESOTA MONTHLY $850.00 HEIDI CAREY 05/16/2007 05/17/2007 FRATTALLONE'S ACE HDWE $4.85 CHARLES DEAVER 05/18/2007 05/21/2007 RYCO SUPPLY COMPANY $49.39 CHARLES DEAVER 05/10/2007 05/14/2007 UNIFORMS UNLIMITED INC $56.45 RICHARD DOBLAR 05/21/2007 05/23/2007 FRANKLIN COVEY #7069 $41.66 THOMAS G EKSTRAND 05/11/2007 05/14/2007 BEST BUY MHT 00000109 $31.40 ANDREW ENGSTROM 05/14/2007 05/15/2007 NORTHERN TRAFFIC SUPPLY $262.79 ANDREW ENGSTROM 05/14/2007 05/15/2007 HILLYARD INC MINNEAPOLIS $159.54 LARRY FARR 05/15/2007 05/17/2007 THE HOME DEPOT 2810 $223.09 LARRY FARR 05/15/2007 05/17/2007 HOLIDAY STATIONSTORE $2.12 LARRY FARR 05/16/2007 05/17/2007 MUSKA LIGHTING CENTER $846.45 LARRY FARR 05/16/2007 05/18/2007 COMMERCIAL FURNITURE SR $97.98 LARRY FARR 05/16/2007 05/18/2007 THE HOME DEPOT 2801 $35.94 LARRY FARR 05/17/2007 05/18/2007 CRAMER BLDG SERVICES INC $485.50 LARRY FARR 05/23/2007 05/24/2007 INTEREUM INC $173.06 LARRY FARR 05/24/2007 05/25/2007 CINTAS FIRST AID #431 $53.97 LARRY FARR 05/16/2007 05/17/2007 BACHMAN'S INC #0004 $59.59 SHANK FINWALL 05/10/2007 05/14/2007 THE HOME DEPOT 2801 {$21.27} DAVID FISHER 05/17/2007 05/21/2007 CRAGUNS LODGE AND GOLF RE $150.00 DAVID FISHER 05/17/2007 05/21/2007 CRAGUNS LODGE AND GOLF RE $150.00 DAVID FISHER 05/12/2007 05/14/2007 PAYPAL INC $59.95 MYCHAL FOWLDS 05/23/2007 05/25/2007 SPRINT PCS- 995 -SP WEB $428.28 MYCHAL FOWLDS 05/24/2007 05/25/2007 MAPLEWOOD PARKS AND RECRE ($60.00) MYCHAL FOWLDS 05/24/2007 05/25/2007 MAPLEWOOD PARKS AND RECRE ($60.00) MYCHAL FOWLDS 05/13/2007 05/14/2007 HP DIRECT- PUBLICSECTOR $1,614.51 NICK FRANZEN Visa Transactions 05 -12 -07 to 05 -25 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/15/2007 05/16/2007 HP DIRECT- PUBLICSECTOR $1,098.95 NICK FRANZEN 05/15/2007 05/16/2007 SYX *TIGERDIRECT.COM $22.48 NICK FRANZEN 05/15/2007 05/17/2007 INSIGHT PUBLIC SECTORS $232.60 NICK FRANZEN 05/16/2007 05/17/2007 SYX *TIGERDIRECT.COM $149.48 NICK FRANZEN 05/16/2007 05/17/2007 NERO, INC. $224.00 NICK FRANZEN 05/17/2007 05/21/2007 INSIGHT PUBLIC SECTORS $1,141.96 NICK FRANZEN 05/19/2007 05/21/2007 HP DIRECT- PUBLICSECTOR $1,771.39 NICK FRANZEN 05/20/2007 05/21/2007 HP DIRECT- PUBLICSECTOR $1,349.33 NICK FRANZEN 05/20/2007 05/21/2007 HP DIRECT- PUBLICSECTOR $371.69 NICK FRANZEN 05/21/2007 05/22/2007 NOR -TECH $69.23 NICK FRANZEN 05/21/2007 05/23/2007 GOLDCOM $90.51 NICK FRANZEN 05/22/2007 05/23/2007 HENRIKSEN ACE HARDWARE $4.46 NICK FRANZEN 05/22/2007 05/23/2007 WWW.NEWEGG.COM $61.48 NICK FRANZEN 05/22/2007 05/24/2007 DELL MARKETING L.P. {$494.37} NICK FRANZEN 05/23/2007 05/24/2007 SYX *TIGERDIRECT.COM $77.84 NICK FRANZEN 05/24/2007 05/25/2007 HP DIRECT- PUBLICSECTOR $1,436.66 NICK FRANZEN 05/11/2007 05/14/2007 PITNEY BOWES SUPPLY $179.96 PATRICIA FRY 05/24/2007 05/25/2007 PAKOR INC $413.67 PATRICIA FRY 05/22/2007 05/24/2007 FREEDOM 65 11010600 $1.99 CLARENCE GERVAIS 05/11/2007 05/14/2007 HENRIKSEN ACE HARDWARE $9.57 MIKE GRAF 05/16/2007 05/17/2007 CLOVER SUPER FOODS $146.05 MIKE GRAF 05/16/2007 05/17/2007 DISPLAYS 2 GO $266.68 MIKE GRAF 05/22/2007 05/24/2007 THE HOME DEPOT 2801 $5.31 MIKE GRAF 05/18/2007 05/21/2007 DEGE GARDEN CENTER $10.63 JANET M GREW HAYMAN 05/14/2007 05/15/2007 VZWRLSS *APOCC VISN $50.57 KAREN E GUILFOILE 05/18/2007 05/21/2007 CUSTOMER SUPT CENTER $702.90 LORI HANSOM 05/21/2007 05/23/2007 OFFICE DEPOT #1090 $31.89 LORI HANSON 05/22/2007 05/24/2007 OFFICE DEPOT #1090 $183.39 LORI HANSOM 05/19/2007 05/21/2007 THE HOME DEPOT 2801 $76.62 PATRICK HEFFERNAN 05/12/2007 05/14/2007 MENARDS 3059 $19.68 RICK HERLUND 05/10/2007 05/14/2007 NAPA AUTO PARTS # 28438 $23.95 RON HORWATH 05/16/2007 05/17/2007 POOLTOY.COM $119.25 RON HORWATH 05/19/2007 05/21/2007 OFFICE MAX $32.99 RON HORWATH 05/12/2007 05/14/2007 SPRINT *WIRELESS SVCS $34.11 ANN E HUTCHINSON 05/17/2007 05/18/2007 METRO SALES INC $96.49 ANN E HUTCHINSON 05/03/2007 05/14/2007 DALCO ENTERPRISES, INC $49.82 DAVID JAHN 05/08/2007 05/16/2007 DALCO ENTERPRISES, INC $119.19 DAVID JAHN 05/11/2007 05/17/2007 DALCO ENTERPRISES, INC $9.29 DAVID JAHN 05/18/2007 05/24/2007 DALCO ENTERPRISES, INC $566.69 DAVID JAHN 05/10/2007 05/14/2007 MILLS FLEET FARM #27 $157.34 KEVIN JOHNSON 05/17/2007 05/18/2007 BATTERIES PLUS $19.11 KEVIN JOHNSON 05/15/2007 05/17/2007 TOUSLEY FORD 127200039 $106.71 TOM KALKA 05/16/2007 05/17/2007 CUB FOODS, INC. $27.00 TOM KALKA 05/18/2007 05/21/2007 THE HOME DEPOT 2801 $42.47 MARY B KOEHNEN 05/10/2007 05/14/2007 AMZ *AMAZON PAYMENTS $51.46 STEVEN KUMMER 05/11/2007 05/14/2007 AMAZON.COM $55.94 STEVEN KUMMER 05/18/2007 05/21/2007 SPRINT PCS #226 $58.55 STEVEN KUMMER 05/10/2007 05/14/2007 EMMA KRUMBEES #1 $18.87 DAVID KVAM 05/10/2007 05/14/2007 SLAYTON PIZZA RANCH $13.30 DAVID KVAM 05/15/2007 05/17/2007 MILLS FLEET FARM #27 $104.04 DENNIS LINDORFF 05/16/2007 05/17/2007 MOGREN LANDSCAPE SUPPLY L $132.06 DENNIS LINDORFF 05/12/2007 05/14/2007 SPRINT *WIRELESS SVCS $780.18 STEVE LUKIN 05/15/2007 05/16/2007 VZWRLSS *APOCC VISN $26.93 STEVE LUKIN 05/15/2007 05/16/2007 AMERICAN MESSAGING $17.75 STEVE LUKIN ius Visa Transactions 05 -12 -07 to 05 -25 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/15/2007 05/17/2007 DE LAGS LANDEN OP01 OF 01 $379.14 STEVE LUKIN 05/18/2007 05/21/2007 ASPEN MILLS 8005717343 $220.15 STEVE LUKIN 05/18/2007 05/21/2007 EMERGENCY APPARATUS MAINT $1,784.75 STEVE LUKIN 05/10/2007 05/14/2007 ON SITE SANITATION INC $128.76 MARK MARUSKA 05/10/2007 05/16/2007 BEST LOCK $129.50 MARK MARUSKA 05/14/2007 05/15/2007 METRO ATHLETIC SUPPLY $568.40 MARK MARUSKA 05/15/2007 05/16/2007 VZWRLSS *APOCC VISN $41.04 MARK MARUSKA 05/21/2007 05/23/2007 LESCO SC 0530 $463.28 MARK MARUSKA 05/23/2007 05/24/2007 HUNT ELECTRIC CORPORATION $270.51 MARK MARUSKA 05/24/2007 05/25/2007 TURF WORKS FEI EAST $176.55 MARK MARUSKA 05/22/2007 05/23/2007 UNITED ELECTRIC #7649 $77.96 ED NADEAU 05/23/2007 05/24/2007 UNITED ELECTRIC #7649 ($77.96) ED NADEAU 05/23/2007 05/24/2007 UNITED ELECTRIC #7649 $104.26 ED NADEAU 05/15/2007 05/16/2007 SPRINT *SPRNTNEXTELIVR $616.86 BRYAN NAGEL 05/16/2007 05/18/2007 TRI STATE BOBCAT INC $40.03 BRYAN NAGEL 05/24/2007 05/25/2007 CINTAS FIRST AID #431 $73.03 BRYAN NAGEL 05/22/2007 05/25/2007 NORTH ST. PAUL WELDING CO $120.00 JOHN NAUGHTON 05/14/2007 05/15/2007 OFFICE DEPOT #1090 $171.70 AMY NIVEN 05/18/2007 05/21/2007 OFFICE DEPOT #1090 $66.17 AMY NIVEN 05/21/2007 05/23/2007 OFFICE MAX $145.08 AMY NIVEN 05/21/2007 05/23/2007 MENARDS 3022 $2.45 AMY NIVEN 05/24/2007 05/25/2007 S & T OFFICE PRODUCTS $33.02 AMY NIVEN 05/12/2007 05/14/2007 QWESTCOMM *TN651 $18.12 MARSHA PACOLT 05/14/2007 05/15/2007 OFFICE DEPOT #1090 $62.24 MARY KAY PALANK 05/22/2007 05/24/2007 OFFICE DEPOT #1090 $18.57 MARY KAY PALANK 05/10/2007 05/14/2007 MICHAELS #2744 $42.58 KATHLEEN PECK HALL 05/10/2007 05/14/2007 THE HOME DEPOT 2801 $24.54 ROBERT PETERSON 05/10/2007 05/14/2007 THE HOME DEPOT 2801 $6.39 ROBERT PETERSON 05/20/2007 05/21/2007 HENRIKSEN ACE HARDWARE $11.69 ROBERT PETERSON 05/11/2007 05/14/2007 SOS OFFICE FURNITURE $465.45 PHILIP F POWELL 05/15/2007 05/16/2007 NATIONAL CAMERA EXCHANGE $86.22 PHILIP F POWELL 05/21/2007 05/22/2007 HENRIKSEN ACE HARDWARE $27.09 PHILIP F POWELL 05/21/2007 05/22/2007 BATTERIES PLUS $31.69 PHILIP F POWELL 05/21/2007 05/22/2007 ABACUS PLUS SERVICES INC $108.63 PHILIP F POWELL 05/22/2007 05/23/2007 IMS PLUS $46.16 PHILIP F POWELL 05/22/2007 05/24/2007 WOLF CAMERA #1530 $11.27 PHILIP F POWELL 05/23/2007 05/24/2007 MEDCO SUPPLY $51.28 PHILIP F POWELL 05/12/2007 05/14/2007 BOUND TREE MEDICAL LLC $462.10 ROBERT PRECHTEL 05/18/2007 05/21/2007 BOUND TREE MEDICAL LLC ($38.08) ROBERT PRECHTEL 05/21/2007 05/22/2007 TARGET 00011858 $185.98 ROBERT PRECHTEL 05/22/2007 05/23/2007 PRIMARY PRODUCTS COMPA $325.80 ROBERT PRECHTEL 05/23/2007 05/24/2007 BOUND TREE MEDICAL LLC $67.50 ROBERT PRECHTEL 05/23/2007 05/24/2007 BOUND TREE MEDICAL LLC $97.20 ROBERT PRECHTEL 05/11/2007 05/14/2007 KATH AUTO PARTS NSP $37.49 STEVEN PRIEM 05/11/2007 05/14/2007 KATH AUTO PARTS NSP $67.35 STEVEN PRIEM 05/11/2007 05/14/2007 KREMER SPRING ALIGNMENT & $155.90 STEVEN PRIEM 05/14/2007 05/16/2007 GENERATOR SPECIALTY CO $209.25 STEVEN PRIEM 05/14/2007 05/16/2007 D & D TOWING $100.00 STEVEN PRIEM 05/15/2007 05/16/2007 BAUER BULT TRE33200023 $67.37 STEVEN PRIEM 05/16/2007 05/18/2007 COMO LUBE & SUPPLIES $106.09 STEVEN PRIEM 05/17/2007 05/18/2007 TURF WORKS FEI EAST $71.67 STEVEN PRIEM 05/17/2007 05/18/2007 PAM OIL INC $72.91 STEVEN PRIEM 05/17/2007 05/21/2007 KATH AUTO PARTS NSP $73.74 STEVEN PRIEM 05/17/2007 05/21/2007 BOYER FORD TRUCKS INC $108.41 STEVEN PRIEM NE Visa Transactions 05 -12 -07 to 05 -25 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/21/2007 05/23/2007 KATH AUTO PARTS NSP {$5.33} STEVEN PRIEM 05/21/2007 05/23/2007 KATH AUTO PARTS NSP $17.67 STEVEN PRIEM 05/21/2007 05/23/2007 BAUER BULT TRE33200023 $10.32 STEVEN PRIEM 05/22/2007 05/23/2007 BAUER BULT TRE33200023 $594.82 STEVEN PRIEM 05/22/2007 05/23/2007 MACQUEEN EQUIPMENT INC $86.84 STEVEN PRIEM 05/22/2007 05/24/2007 KATH AUTO PARTS NSP $5.75 STEVEN PRIEM 05/22/2007 05/24/2007 BOYER FORD TRUCKS INC $298.33 STEVEN PRIEM 05/23/2007 05/24/2007 PIONEER RIM & WHEEL CO. $200.76 STEVEN PRIEM 05/23/2007 05/25/2007 KATH AUTO PARTS NSP $5.14 STEVEN PRIEM 05/24/2007 05/25/2007 PIONEER RIM & WHEEL CO. $66.64 STEVEN PRIEM 05/11/2007 05/14/2007 PERFORMANCE TRANSMI $70.90 KEVIN RABBETT 05/15/2007 05/17/2007 RADIO CITY INC $564.40 KEVIN RABBETT 05/15/2007 05/17/2007 SHRED -IT 01 OF 01 $106.56 KEVIN RABBETT 05/16/2007 05/17/2007 SPARTAN PROMOTIONAL GRP $313.35 KEVIN RABBETT 05/16/2007 05/17/2007 SPARTAN PROMOTIONAL GRP $329.19 KEVIN RABBETT 05/18/2007 05/21/2007 SPARTAN PROMOTIONAL GRP $392.54 KEVIN RABBETT 05/18/2007 05/21/2007 SPARTAN PROMOTIONAL GRP $415.39 KEVIN RABBETT 05/21/2007 05/22/2007 GRAFIX SHOPPE $591.08 KEVIN RABBETT 05/21/2007 05/22/2007 GRAFIX SHOPPE $360.00 KEVIN RABBETT 05/04/2007 05/21/2007 DALCO ENTERPRISES, INC $1,608.68 MICHAEL REILLY 05/08/2007 05/14/2007 DALCO ENTERPRISES, INC $712.42 MICHAEL REILLY 05/17/2007 05/23/2007 DALCO ENTERPRISES, INC $1,608.68 MICHAEL REILLY 05/10/2007 05/14/2007 ORIENTAL TRADING CO $248.09 AUDRA ROBBINS 05/11/2007 05/14/2007 AMERICAN RED CROS01 OF 01 $221.22 AUDRA ROBBINS 05/14/2007 05/16/2007 ORIENTAL TRADING CO $154.50 AUDRA ROBBINS 05/14/2007 05/16/2007 OAKDALE RENTAL CENTER $179.99 ROBERT RUNNING 05/23/2007 05/25/2007 TRI STATE BOBCAT INC $576.91 ROBERT RUNNING 05/23/2007 05/25/2007 HEJNY RENTAL $225.20 ROBERT RUNNING 05/14/2007 05/17/2007 YARUSSO BROS $138.12 HARRIET J RYDEL 05/18/2007 05/21/2007 MOGREN LANDSCAPE SUPPLY L $37.28 JAMES SCHINDELDECKER 05/15/2007 05/17/2007 SHRED -IT 01 OF 01 $17.65 DEB SCHMIDT 05/23/2007 05/25/2007 OFFICE DEPOT #1090 $6.40 DEB SCHMIDT 05/14/2007 05/15/2007 HENRIKSEN ACE HARDWARE $2.36 SCOTT SCHULTZ 05/10/2007 05/14/2007 UNIFORMS UNLIMITED INC $245.65 MICHAEL SHORTREED 05/15/2007 05/17/2007 SCSU CONTINUING STUD $395.00 MICHAEL SHORTREED 05/15/2007 05/17/2007 STILLWATER VETERINARY $329.60 MICHAEL SHORTREED 05/16/2007 05/18/2007 STILLWATER VETERINARY $20.00 MICHAEL SHORTREED 05/17/2007 05/21/2007 UNIFORMS UNLIMITED INC $98.51 MICHAEL SHORTREED 05/18/2007 05/21/2007 BEST WESTERN HOTELS - ST. $386.40 MICHAEL SHORTREED 05/20/2007 05/22/2007 ARMSTRONG RANCH KENNELS $46.86 MICHAEL SHORTREED 05/21/2007 05/23/2007 REGAL AUTOWASH XX ASSO $42.59 MICHAEL SHORTREED 05/23/2007 05/24/2007 HENRIKSEN ACE HARDWARE $16.95 MICHAEL SHORTREED 05/24/2007 05/25/2007 WIDENER'S RELOADING &SH $70.15 MICHAEL SHORTREED 05/11/2007 05/14/2007 GOVERNMENT TRAINING SVC {$125.00} ANDREA SINDT 05/15/2007 05/17/2007 OFFICE DEPOT #1090 $173.73 ANDREA SINDT 05/17/2007 05/21/2007 OFFICE DEPOT #1090 $97.16 ANDREA SINDT 05/10/2007 05/14/2007 REI 42 ROSEVILLE $17.99 CHRISTINE SOUTTER 05/18/2007 05/21/2007 ON SITE SANITATION INC $289.68 PAULINE STAPLES 05/22/2007 05/24/2007 RAINBOW FOODS 00088591 $24.36 PAULINE STAPLES 05/15/2007 05/17/2007 DE LAGE LANDEN OP01 OF 01 $626.43 JOANNE M SVENDSEN 05/17/2007 05/18/2007 CUB FOODS, INC. $45.20 JOANNE M SVENDSEN 05/16/2007 05/17/2007 CUB FOODS, INC. $53.31 JAMES TAYLOR 05/17/2007 05/18/2007 COMPLETE MUSIC & VID $350.00 JAMES TAYLOR 05/18/2007 05/21/2007 SUPERAMERICA 4089 Q64 $13.47 JAMES TAYLOR 21 Visa Transactions 05 -12 -07 to 05 -25 -07 Trans Date Posting Date Merchant Name Trans Amount Name 05/10/2007 05/14/2007 UNIFORMS UNLIMITED INC $834.60 SUSAN ZWIEG 05/16/2007 05/18/2007 HUNAN GARDEN RESTAURAN $10.30 SUSAN ZWIEG 05/17/2007 05/21/2007 QUILL CORPORATION $31.23 SUSAN ZWIEG 05/21/2007 05/23/2007 QUILL CORPORATION $28.73 SUSAN ZWIEG 05/22/2007 05/24/2007 OFFICE DEPOT #1090 $56.01 SUSAN ZWIEG 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 05/18107 CAVE, REBECCA 397,80 05/18107 HJELLE, ERIK 397,80 05/18107 JUENEMANN, KATHLEEN 397,80 05/18107 ROSSBACH, WILLIAM 397,80 05/18107 COPELAND, EUGENE 3,090.00 05/18107 RYDEL, HARRIET 1,579,85 05/18107 FARR, LARRY 1,970.19 05/18107 ARNOLD, AJLA 1,152,00 05/18107 RAMEAUX, THERESE 2,448,10 05/18107 MITTET, ROBERT 3,464,92 05/18107 SCHMIDT, DEBORAH 1,695,77 05/18107 ANDERSON, CAROLS 2,333,30 05/18107 DEBILZAN, JUDY 1,105,20 05/18107 JACKSON, MARY 1,955,03 05/18107 KELSEY, CONNIE 2,059,19 05/18107 TETZLAFF, JUDY 9,940.29 05/18107 FRY, PATRICIA 1,824,35 05/18107 GUILFOILE, KAREN 3,366,86 05/18107 MORSON, JOHN 552,00 05/18107 SPANGLER, EDNA 1,131,69 05/18107 CORTESI, LUANNE 911,36 05/18107 JAGOE, CAROL 1,728,46 05/18107 KELLY, LISA 1,559,23 05/18107 LARSON, MICHELLE 857,91 05/18107 MECHELKE, SHERRIE 1,123,95 05/18107 MOY, PAMELA 983,52 05/18107 OSTER, ANDREA 1,831,15 05/18107 WEAVER, KRISTINE 1,893,35 05/18107 CORCORAN, THERESA 1,726,15 05/18107 POWELL, PHILIP 2,589,83 05/18107 RICHIE, CAROLE 1,764,58 05/18107 THOMALLA, DAVID 4,429,00 05/18107 ABEL, CLINT 2,444,26 05/18107 ALDRIDGE, MARK 2,583,24 05/18107 ANDREWS, SCOTT 3,317,90 05/18107 BAKKE, LONN 2,560.09 05/18107 BARTZ, PAUL 3,165,82 05/18107 BELDE, STANLEY 2,583,24 05/1 8107 BIERDEMAN, BRIAN 2,709,13 05/18107 BOHL, JOHN 3,311,04 23 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 05/18/07 BUSACK, DANIEL 2,429.54 05/18/07 COFFEY, KEVIN 2,444.26 05/18/07 GROTTY, KERRY 2,830.77 05/18/07 DOBLAR, RICHARD 3,022.57 05/18/07 GABRIEL, ANTHONY 2,502.25 05/18/07 HEINZ, STEPHEN 2,677.36 05/18/07 HIEBERT, STEVEN 2,812.52 05/18/07 JOHNSON, KEVIN 3,896.59 05/18/07 KALKA, THOMAS 1,321.16 05/18/07 KARIS, FLINT 3,586.98 05/18/07 KONG, TOMMY 2,422.18 05/18/07 KROLL, BRETT 2,400.11 05/18/07 KVAM, DAVID 3,523.42 05/18/07 LANGNER, TODD 1,903.15 05/18/07 LARSON, DANIEL 2,907.78 05/18/07 LU, JOHNNIE 2,400.11 05/18/07 MARINO, JASON 2,400.11 05/18/07 MARTIN, JERROLD 2,514.38 05/18/07 MCCARTY, GLEN 2,606.93 05/18/07 METRY, ALESIA 2,642.91 05/18/07 NYE, MICHAEL 2,199.42 05/18/07 OLSON, JULIE 2,532.55 05/18/07 RABBETT, KEVIN 3,587.70 05/18/07 RHUDE, MATTHEW 2,276.55 05/18/07 STEFFEN, SCOTT 3,405.20 05/18/07 STEINER, JOSEPH 2,148.67 05/18/07 SYPNIEWSKI, WILLIAM 2,315.12 05/18/07 SZCZEPANSKI, THOMAS 2,572.26 05/18/07 IRAN, JOSEPH 2,826.74 05/18/07 WENZEL, JAY 2,455.29 05/18/07 XIONG, KAO 2,676.02 05/18/07 BERGERON, JOSEPH 3,376.97 05/18/07 DUGAS, MICHAEL 2,514.38 05/18/07 ERICKSON, VIRGINIA 2,605.80 05/18/07 FLOR, TIMOTHY 2,909.27 05/18/07 FRASER, JOHN 3,133.64 05/18/07 LANGNER, SCOTT 2,445.82 05/18/07 PALMA, STEVEN 2,832.86 05/18/07 THEISEN, PAUL 2,884.58 05/18/07 THIENES, PAUL 3,329.84 24 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 05/18/07 BARTA, JEREMY 2,000.77 05/18/07 CRISTOFONO, BRIAN 1,885.49 05/18/07 DAWSON, RICHARD 2,288.42 05/18/07 DUELLMAN, KIRK 2,166.89 05/18/07 EVERSON, PAUL 2,320.41 05/18/07 HALWEG, JODI 1,991.84 05/18/07 JOHNSON, DOUGLAS 2,401.28 05/18/07 NOVAK, JEROME 2,442.37 05/18/07 OLSON, JAMES 1,875.01 05/18/07 PARSONS, KURT 2,375.62 05/18/07 PETERSON, ROBERT 2,525.81 05/18/07 PRECHTEL, ROBERT 2,401.76 05/18/07 SVENDSEN, RONALD 2,465.18 05/18/07 GERVAIS -JR, CLARENCE 2,868.34 05/18/07 BAUER, MICHELLE 2,797.65 05/18/07 BURAU, JAMES 1,714.77 05/18/07 FLAUGHER, JAMME 2,013.38 05/18/07 HERMANSON, CHAD 2,201.95 05/18/07 HUBIN, KENNARD 2,018.03 05/18/07 KNAPP, BRETT 1,739.75 05/18/07 LINN, BRYAN 2,191.02 05/18/07 PACOLT, MARSHA 2,529.68 05/18/07 RABINE, JANET 2,704.15 05/18/07 STAHNKE, JULIE 2,018.17 05/18/07 LUKIN, STEVEN 4,016.18 05/18/07 ZWIEG, SUSAN 1,866.16 05/18/07 DOLLERSCHELL, ROBERT 293.39 05/18/07 AHL, R. CHARLES 4,500.69 05/18/07 KNUTSON, LOIS 1,616.57 05/18/07 KONEWKO, DUWAYNE 3,059.51 05/18/07 NIVEN, AMY 1,462.62 05/18/07 PRIEFER, WILLIAM 2,601.26 05/18/07 BRINK, TROY 2,434.53 05/18/07 DEBILZAN, THOMAS 1,957.55 05/18/07 EDGE, DOUGLAS 1,964.55 05/18/07 FOERG, ELIZABETH 1,011.50 05/18/07 FREBERG, RONALD 1,988.28 05/18/07 HAMRE, MILES 1,084.00 05/18/07 JONES, DONALD 1,948.55 05/18/07 MEISSNER, BRENT 470.00 25 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 05/18/07 MEYER, GERALD 2,027.39 05/18/07 NAGEL, BRYAN 2,486.01 05/18/07 OSWALD, ERICK 2,188.82 05/18/07 RUNNING, ROBERT 1,942.15 05/18/07 TEVLIN, TODD 1,905.75 05/18/07 DUCHARME, JOHN 2,486.06 05/18/07 ENGSTROM, ANDREW 1,953.35 05/18/07 ISAKSON, CHAD 208.07 05/18/07 JACOBSON, SCOTT 1,953.35 05/18/07 JAROSCH, JONATHAN 2,191.75 05/18/07 KUMMER, STEVEN 2,524.55 05/18/07 LABEREE, ERIN 2,882.35 05/18/07 LINDBLOM, RANDAL 2,486.09 05/18/07 SCHREMPP, ANTHONY 194.24 05/18/07 THOMPSON, MICHAEL 2,412.15 05/18/07 HALL, KATHLEEN 1,873.09 05/18/07 MARUSKA, MARK 2,837.03 05/18/07 NAUGHTON, JOHN 1,911.75 05/18/07 SCHINDELDECKER, JAMES 1,950.86 05/18/07 BIESANZ, OAKLEY 1,715.84 05/18/07 DEAVER, CHARLES 570.41 05/18/07 GERNES, CAROLE 420.00 05/18/07 HAYMAN, JANET 1,187.94 05/18/07 HUTCHINSON, ANN 2,400.31 05/18/07 GAYNOR, VIRGINIA 2,121.35 05/18/07 EKSTRAND, THOMAS 3,341.32 05/18/07 KROLL, LISA 1,378.89 05/18/07 LIVINGSTON, JOYCE 1,038.46 05/18/07 SAMUELSON, MICHAEL 2,090.17 05/18/07 SINDT, ANDREA 1,796.55 05/18/07 THOMPSON, DEBRA 690.46 05/18/07 YOUNG, TAMELA 1,676.55 05/18/07 FINWALL, SHANK 2,600.07 05/18/07 ROBERTS, KENNETH 2,676.54 05/18/07 BRASH, JASON 1,589.35 05/18/07 CARVER, NICHOLAS 2,939.21 05/18/07 FISHER, DAVID 3,823.36 05/18/07 RICE, MICHAEL 2,172.55 05/18/07 SWAN, DAVID 2,278.95 05/18/07 WELLENS, MOLLY 1,484.08 0 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 05/18/07 WORK, ALICIA 187.50 05/18/07 WORK, BRANDON 240.88 05/18/07 OHLHAUSER, MEGHAN 430.50 05/18/07 ROBBINS, AUDRA 2,369.00 05/18/07 SHERRILL, CAITLIN 154.00 05/18/07 TAUBMAN, DOUGLAS 3,024.90 05/18/07 TAYLOR, JAMES 1,856.47 05/18/07 UNDERHILL, KRISTEN 348.00 05/18/07 GERMAIN, DAVID 1,957.79 05/18/07 NORDQUIST, RICHARD 2,233.91 05/18/07 SCHULTZ, SCOTT 2,345.85 05/18/07 ANDERSON, ANTHONY 89.38 05/18/07 ANZALDI, MANDY 1,624.10 05/18/07 CAREY, HEIDI 2,243.80 05/18/07 COLLINS, ASHLEY 94.88 05/18/07 CRAWFORD - JR, RAYMOND 144.00 05/18/07 EVANS, CHRISTINE 851.00 05/18/07 GRAF, MICHAEL 2,157.23 05/18/07 HER, CHONG 176.00 05/18/07 HOFMEISTER, MARY 859.69 05/18/07 PELOQUIN, PENNYE 587.58 05/18/07 SCHULZE, BRIAN 1,021.05 05/18/07 STAPLES, PAULINE 3,028.21 05/18/07 TOLBERT, FRANCINE 165.00 05/18/07 BRENEMAN, NEIL 335.95 05/18/07 BRUSOE, CRISTINA 193.80 05/18/07 BUCKLEY, BRITTANY 145.15 05/18/07 DUNK, RYAN 475.71 05/18/07 ERICKSON- CLARK, CAROL 47.50 05/18/07 EVANS, KRISTIN 87.80 05/18/07 FONTAINE, KIM 850.82 05/18/07 GERVAIS, DAVID 20.00 05/18/07 GREDVIG, ANDERS 313.40 05/18/07 HASSENSTAB, DENISE 44.70 05/18/07 HORWATH, RONALD 2,336.06 05/18/07 IRISH, PETER 43.88 05/18/07 JOHNSON, JAMES 62.55 05/18/07 KOEHNEN, AMY 156.30 05/18/07 KOEHNEN, MARY 1,471.68 05/18/07 KRONHOLM, KATHRYN 673.79 MA CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK ff CHECK DATE 1002045 1002046 1002047 1002048 1002049 1002050 1002051 1002052 1002053 1002054 1002055 1002056 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 05/18/07 EMPLOYEE NAME LAMEYER, ZACHARY MATHEWS, LEAH PROESCH, ANDY RYAN, ERICA SCHAEFER, ANDREA SMITH, ANN TAYLOR, JASON TRUE, CAROLINE TUPY, HEIDE TUPY, MARCUS WOLFGRAM, MARY GROPPOLL LINDA HER, SHILLAME HOLMGREN, STEPHANIE PARAYNO,GUAI BEHAN, JAMES PATTERSON,ALBERT PRINS, KELLY REILLY, MICHAEL SCHOENECKER, LEIGH VANG,HUE YANG, TIM AICHELE, CRAIG PRIEM, STEVEN WOEHRLE, MATTHEW BERGO,CHAD FOWLDS, MYCHAL FRANZEN, NICHOLAS LONGRIE, DIANA JAHN, DAVID MORIN, TROY PALANK, MARY SVENDSEN, JOANNE HAWKINSON JR, TIMOTHY SHORTREED, MICHAEL WELCHLIN, CABOT BAUMAN, ANDREW BUCKLEY,BRENT BURLINGAME, NATHAN MAHLER, MATTHEW AMOUNT 77.63 118.38 346.06 91.00 42.30 216.70 20.25 117.90 169.60 297.68 70.13 152.50 49.20 70.00 241.90 1,820.70 1,182.52 1,108.63 1,788.62 205.35 109.46 118.40 2,307.35 2,191.75 1,822.79 2,355.82 2,561.82 1,780.66 452.00 1,689.17 144.50 1,759.96 1,909.79 1,645.93 3,268.81 2,825.28 192.00 1,571.46 1,585.35 502.80 R-13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002057 05/18/07 ZIEMAN, SCOTT 580.80 1002058 05/18/07 EDSON, DAVID 2,134.52 1002059 05/18/07 HELEY, ROLAND 442.43 1002060 05/18/07 HINNENKAMP, GARY 1,958.27 1002061 05/18/07 LINDORFF, DENNIS 1,953.17 1002062 05/18/07 NOVAK, MICHAEL 1,948.55 1002063 05/18/07 SOUTTER, CHRISTINE 259.38 1002064 05/18/07 BERGER, STEPHANIE 203.44 1002065 05/18/07 KOHLMAN, JENNIFER 65.63 1002066 05/18/07 LINDA, KELLIE 190.32 1002067 05/18/07 MALLET, AMANDA 37.50 1002068 05/18/07 ROBBINS, EMERALD 218.75 1002069 05/18/07 HAAG, MARK 1,948.56 1002070 05/18/07 NADEAU, EDWARD 3,061.98 1002071 05/18/07 GLASS, JEAN 1,924.86 1002072 05/18/07 HANSEN, LORI 2,302.26 1002073 05/18/07 NAGEL, BROOKE 618.80 1002074 05/18/07 SIMPSON, JOSEPH 210.90 1002075 05/18/07 VELASQUEZ, ANGELA 148.50 1002076 05/18/07 ANDERSON, JOSHUA 94.08 1002077 05/18/07 ANDERSON, JUSTIN 136.53 1002078 05/18/07 BENJAMIN, AYLA 20.25 1002079 05/18/07 BIGGS, ANNETTE 84.00 1002080 05/18/07 BRENEMAN, SEAN 180.60 1002081 05/18/07 BRUSOE, AMY 118.13 1002082 05/18/07 BUCHMAYER, NICOLLET 199.13 1002083 05/18/07 CHASTAN, ADAM 76.38 1002084 05/18/07 CLARK, PAMELA 196.35 1002085 05/18/07 COSTA, JOSEPH 158.40 1002086 05/18/07 DEMPSEY, BETH 147.00 1002087 05/18/07 FENGER, JUSTIN 181.65 1002088 05/18/07 GIEL, NICOLE 28.00 1002089 05/18/07 GRANT, MELISSA 109.10 1002090 05/18/07 GRUENHAGEN, LINDA 794.06 1002091 05/18/07 HAGSTROM, EMILY 47.25 1002092 05/18/07 HOLMBERG, LADONNA 153.00 1002093 05/18/07 KOVACS, BREANNA 45.50 1002094 05/18/07 NWANOKWALE, MORDY 94.50 1002095 05/18/07 PEHOSKI, JOEL 84.75 1002096 05/18/07 RICHTER, DANIEL 68.00 29 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002097 05/18/07 RICHTER, NANCY 284.00 1002098 05/18/07 ROSTRON, ROBERT 251.00 1002099 05/18/07 SAUCERMAN, MICHAEL 280.76 1002100 05/18/07 SCHMIDT, EMILY 152.38 1002101 05/18/07 SCHMIDT, JOHN 89.38 1002102 05/18/07 SCHRAMM, BRITTANY 158.60 1002103 05/18/07 SCHUNEMAN, GREGORY 19.50 1002104 05/18/07 SMITLEY, SHARON 452.70 1002105 05/18/07 VASKO, BEN 71.50 1002106 05/18/07 WARNER, CAROLYN 251.50 1002107 05/18/07 WEDES, CARYL 98.00 1002108 05/18/07 WARNER, REBECCA 74.31 1002109 05/18/07 WHITE, NICOLE 571.03 1002110 05/18/07 WILLIAMS, KRISTINE 159.80 1002111 05/18/07 WINEGAR, JILL 100.00 1002112 05/18/07 WOODMAN, ALICE 138.00 1002113 05/18/07 ZALK, IDA 65.45 1002114 05/18/07 BOSLEY, CAROL 316.40 1002115 05/18/07 KELLY, MICHAEL 714.00 1002116 05/18/07 LEWIS, AMY 124.43 1002117 05/18/07 OIE, REBECCA 26.43 1002118 05/18/07 PATTERSON, FELORENZA 91.00 1002119 05/18/07 SATTLER, MELINDA 151.80 1002120 05/18/07 STODGHILL, AMANDA 58.00 1002121 05/18/07 ZAGER, LINNEA 50.74 1002122 05/18/07 BIRKHOLZ, TYLER 139.00 1002123 05/18/07 DOUGLASS, TOM 1,663.59 1002124 05/18/07 GADOW, ANNA 316.35 1002125 05/18/07 HER, GHEE 50.80 1002126 05/18/07 HER, PETER 111.13 1002127 05/18/07 O'GRADY, VICTORIA 153.80 1002128 05/18/07 SCHULZE, KEVIN 133.00 1002129 05/18/07 YANG, KAY 148.00 1002130 05/18/07 VUE, LOR PAO 27.80 463,378.58 ME CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 06/01/07 CAVE, REBECCA 397.80 06/01/07 HJELLE, ERIK 397.80 06/01/07 JUENEMANN, KATHLEEN 397.80 06/01/07 ROSSBACH, WILLIAM 397.80 06/01/07 COPELAND, EUGENE 3,090.00 06/01/07 RYDEL, HARRIET 1,636.85 06/01/07 FARR, LARRY 1,970.20 06/01/07 ARNOLD, AJLA 188.00 06/01/07 PALANK, MANDY 275.00 06/01/07 RAMEAUX, THERESE 2,960.68 06/01/07 MITTET, ROBERT 3,366.86 06/01/07 SCHMIDT, DEBORAH 1,750.74 06/01/07 ANDERSON, CAROLS 2,293.19 06/01/07 DEBILZAN, JUDY 1,151.25 06/01/07 JACKSON, MARY 1,946.22 06/01/07 KELSEY, CONNIE 2,077.97 06/01/07 FRY, PATRICIA 1,791.67 06/01/07 GUILFOILE, KAREN 3,491.86 06/01/07 MORSON, JOHN 414.00 06/01/07 SPANGLER, EDNA 993.69 06/01/07 CORTESI, LUANNE 894.91 06/01/07 JAGOE, CAROL 1,728.46 06/01/07 KELLY, LISA 1,015.85 06/01/07 LARSON, MICHELLE 923.67 06/01/07 MECHELKE, SHERRIE 997.11 06/01/07 MOY, PAMELA 978.99 06/01/07 OSTER, ANDREA 1,943.78 06/01/07 WEAVER, KRISTINE 1,893.36 06/01/07 CORCORAN, THERESA 1,726.15 06/01/07 POWELL, PHILIP 2,589.83 06/01/07 RICHIE, CAROLE 1,748.83 06/01/07 THOMALLA, DAVID 4,429.01 06/01/07 ABEL, CLINT 2,874.67 06/01/07 ALDRIDGE, MARK 2,755.20 06/01/07 ANDREWS, SCOTT 3,652.93 06/01/07 BAKKE, LONN 2,560.09 06/01/07 BARTZ, PAUL 2,850.82 06/01/07 BELDE, STANLEY 2,606.17 06/01/07 BIERDEMAN, BRIAN 2,709.13 06/01/07 BOHL, JOHN 3,005.70 31 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 06/01/07 BUSACK, DANIEL 2,400.11 06/01/07 COFFEY, KEVIN 3,834.82 06/01/07 GROTTY, KERRY 2,830.77 06/01/07 DOBLAR, RICHARD 3,022.57 06/01/07 GABRIEL, ANTHONY 2,502.25 06/01/07 HAWKINSON JR, TIMOTHY 1,645.93 06/01/07 HEINZ, STEPHEN 2,864.20 06/01/07 HIEBERT, STEVEN 3,167.89 06/01/07 JOHNSON, KEVIN 4,048.88 06/01/07 KALKA, THOMAS 1,241.64 06/01/07 KARIS, FLINT 3,140.70 06/01/07 KONG, TOMMY 2,411.15 06/01/07 KROLL, BRETT 2,400.11 06/01/07 KVAM, DAVID 3,523.42 06/01/07 LANGNER, TODD 1,954.45 06/01/07 LARSON, DANIEL 2,532.55 06/01/07 LU, JOHNNIE 2,735.02 06/01/07 MARINO, JASON 2,400.11 06/01/07 MARTIN, JERROLD 2,514.38 06/01/07 MCCARTY, GLEN 2,606.93 06/01/07 METRY, ALESIA 2,664.98 06/01/07 NYE, MICHAEL 2,356.90 06/01/07 OLSON, JULIE 2,566.95 06/01/07 RABBETT, KEVIN 3,587.70 06/01/07 RHUDE, MATTHEW 2,536.87 06/01/07 STEFFEN, SCOTT 3,463.90 06/01/07 STEINER, JOSEPH 2,474.28 06/01/07 SYPNIEWSKI, WILLIAM 2,170.50 06/01/07 SZCZEPANSKI, THOMAS 2,677.36 06/01/07 IRAN, JOSEPH 2,514.38 06/01/07 WENZEL, JAY 2,543.58 06/01/07 XIONG, KAO 2,488.40 06/01/07 BERGERON, JOSEPH 3,547.54 06/01/07 DUGAS, MICHAEL 2,873.01 06/01/07 ERICKSON, VIRGINIA 2,641.80 06/01/07 FLOR, TIMOTHY 3,711.40 06/01/07 FRASER, JOHN 3,108.58 06/01/07 LANGNER, SCOTT 2,445.82 06/01/07 PALMA, STEVEN 2,870.46 06/01/07 THEISEN, PAUL 2,907.72 32 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 06/01/07 THIENES, PAUL 3,215.43 06/01/07 BARTA, JEREMY 1,922.17 06/01/07 CRISTOFONO, BRIAN 1,901.21 06/01/07 DAWSON, RICHARD 2,420.53 06/01/07 DUELLMAN, KIRK 2,197.44 06/01/07 EVERSON, PAUL 2,298.64 06/01/07 HALWEG, JODI 2,036.68 06/01/07 JOHNSON, DOUGLAS 2,362.79 06/01/07 NOVAK, JEROME 2,311.47 06/01/07 OLSON, JAMES 1,869.77 06/01/07 PARSONS, KURT 2,292.23 06/01/07 PETERSON, ROBERT 2,721.20 06/01/07 PRECHTEL, ROBERT 2,594.49 06/01/07 SVENDSEN, RONALD 3,509.50 06/01/07 GERVAIS -JR, CLARENCE 2,868.34 06/01/07 BAUER, MICHELLE 1,409.85 06/01/07 BURAU, JAMES 716.31 06/01/07 FLAUGHER, JAMME 1,262.69 06/01/07 HERMANSON, CHAD 1,307.95 06/01/07 HUBIN, KENNARD 1,243.91 06/01/07 KNAPP, BRETT 1,111.15 06/01/07 LINN, BRYAN 3,769.95 06/01/07 PACOLT, MARSHA 4,465.63 06/01/07 RABINE, JANET 6,143.95 06/01/07 STAHNKE, JULIE 785.49 06/01/07 LUKIN, STEVEN 4,016.18 06/01/07 ZWIEG, SUSAN 1,866.15 06/01/07 DOLLERSCHELL, ROBERT 293.39 06/01/07 AHL, R. CHARLES 4,675.69 06/01/07 KNUTSON, LOIS 1,616.57 06/01/07 KONEWKO, DUWAYNE 3,059.51 06/01/07 NIVEN, AMY 1,294.62 06/01/07 PRIEFER, WILLIAM 2,601.27 06/01/07 BRINK, TROY 1,875.75 06/01/07 DEBILZAN, THOMAS 1,948.55 06/01/07 EDGE, DOUGLAS 1,948.55 06/01/07 FOERG, ELIZABETH 544.00 06/01/07 FREBERG, RONALD 886.31 06/01/07 HAMRE, MILES 1,120.00 06/01/07 JONES, DONALD 2,362.53 33 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 06/01/07 MEISSNER, BRENT 705.00 06/01/07 MEYER, GERALD 2,027.39 06/01/07 NAGEL, BRYAN 2,486.01 06/01/07 OSWALD, ERICK 2,486.42 06/01/07 RUNNING, ROBERT 1,942.15 06/01/07 TEVLIN, TODD 1,875.75 06/01/07 BURLINGAME, NATHAN 1,585.35 06/01/07 DUCHARME, JOHN 2,280.39 06/01/07 ENGSTROM, ANDREW 1,953.35 06/01/07 ISAKSON, CHAD 283.08 06/01/07 JACOBSON, SCOTT 1,953.35 06/01/07 JAROSCH, JONATHAN 2,191.75 06/01/07 KUMMER, STEVEN 2,524.55 06/01/07 LABEREE, ERIN 2,882.35 06/01/07 LINDBLOM, RANDAL 2,486.06 06/01/07 MAHLER, MATTHEW 905.04 06/01/07 SCHREMPP, ANTHONY 915.09 06/01/07 THOMPSON, MICHAEL 2,772.39 06/01/07 ZIEMAN, SCOTT 950.40 06/01/07 HALL, KATHLEEN 1,873.09 06/01/07 LUND, MARK 480.00 06/01/07 MARUSKA, MARK 2,837.03 06/01/07 NAUGHTON, JOHN 1,911.75 06/01/07 SCHINDELDECKER, JAMES 1,950.86 06/01/07 BIESANZ, OAKLEY 1,617.08 06/01/07 DEAVER, CHARLES 620.18 06/01/07 GERNES, CAROLE 356.25 06/01/07 HAYMAN, JANET 1,265.00 06/01/07 HUTCHINSON, ANN 2,400.31 06/01/07 NELSON, JEAN 648.00 06/01/07 GAYNOR, VIRGINIA 2,121.35 06/01/07 EKSTRAND, THOMAS 3,341.33 06/01/07 KROLL, LISA 1,378.89 06/01/07 LIVINGSTON, JOYCE 1,038.46 06/01/07 SAMUELSON, MICHAEL 2,090.17 06/01/07 SINDT, ANDREA 1,796.55 06/01/07 THOMPSON, DEBRA 690.46 06/01/07 YOUNG, TAMELA 1,660.55 06/01/07 FINWALL, SHANK 2,507.75 06/01/07 ROBERTS, KENNETH 2,653.01 34 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 06/01/07 BRASH, JASON 1,589.35 06/01/07 CARVER, NICHOLAS 2,939.21 06/01/07 FISHER, DAVID 3,823.36 06/01/07 RICE, MICHAEL 2,172.55 06/01/07 SWAN, DAVID 2,278.95 06/01/07 WELLENS, MOLLY 1,318.02 06/01/07 WORK, ALICIA 200.00 06/01/07 WORK, BRANDON 222.94 06/01/07 FRANK, PETER 45.00 06/01/07 OHLHAUSER, MEGHAN 591.50 06/01/07 ROBBINS, AUDRA 2,369.00 06/01/07 SHERRILL, CAITLIN 19.00 06/01/07 TAUBMAN, DOUGLAS 3,024.90 06/01/07 TAYLOR, JAMES 1,856.47 06/01/07 UNDERHILL, KRISTEN 447.00 06/01/07 GERMAIN, DAVID 1,957.79 06/01/07 NORDQUIST, RICHARD 1,948.55 06/01/07 SCHULTZ, SCOTT 2,138.95 06/01/07 ANDERSON, ANTHONY 135.85 06/01/07 ANZALDI, MANDY 1,756.28 06/01/07 CAREY, HEIDI 2,243.79 06/01/07 COLLINS, ASHLEY 53.06 06/01/07 CRAWFORD - JR, RAYMOND 406.00 06/01/07 CROSSON, LINDA 6,754.00 06/01/07 EVANS, CHRISTINE 886.78 06/01/07 GRAF, MICHAEL 2,157.23 06/01/07 HER, CHONG 622.50 06/01/07 HER, PHENG 413.03 06/01/07 HOFMEISTER, MARY 752.15 06/01/07 PELOQUIN, PENNYE 532.76 06/01/07 SCHULZE, BRIAN 908.97 06/01/07 STAPLES, PAULINE 3,028.20 06/01/07 TOLBERT, FRANCINE 154.00 06/01/07 BIGGS, ANNETTE 109.00 06/01/07 BRENEMAN, NEIL 384.65 06/01/07 BRUSOE, CRISTINA 266.00 06/01/07 BUCKLEY, BRITTANY 123.68 06/01/07 DEL ROSARIO, THERESA 19.50 06/01/07 DUNK, RYAN 717.34 06/01/07 ERICKSON- CLARK, CAROL 47.50 35 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK ff CHECK DATE 1002147 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 06/01/07 EMPLOYEE NAME EVANS, KRISTIN FONTAINE, KIM GREDVIG, ANDERS HASSENSTAB, DENISE HORWATH, RONALD IRISH, PETER JOHNSON, JAMES KOERNEN, AMY KOERNEN, MARY KRONHOLM,KATHRYN LAMEYER, ZACHARY MATHEWS, LEAH PROESCH, ANDY RYAN, ERICA SCHAEFER, ANDREA SMITH, ANN TAYLOR, JASON TRUE, CAROLINE TUPY, HEIDE TUPY, MARCUS WOLFGRAM, MARY GROPPOLL LINDA HER, SHILLAME HOLMGREN, STEPHANIE ODDEN, JESSICA PARAYNO,GUAI BEHAN, JAMES PATTERSON, ALBERT PRINS, KELLY REILLY, MICHAEL SCHOENECKER, LEIGH VANG,HUE YANG, TIM AICHELE, CRAIG PRIEM, STEVEN WOEHRLE, MATTHEW BERGO, CHAD FOWLDS, MYCHAL FRANZEN, NICHOLAS LONGRIE, DIANA AMOUNT 21.95 879.28 334.36 94.35 2,336.05 98.63 105.99 130.25 1,471.68 641.07 90.13 60.00 367.84 109.20 56.10 285.65 54.00 196.50 42.40 110.25 130.58 330.75 147.60 75.00 20.76 178.45 2,077.25 1,204.92 1,108.63 1,756.55 229.40 145.95 192.40 2,014.63 2,191.75 1,815.77 2,355.82 2,686.82 1,877.92 452.00 0. CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002148 06/01/07 JAHN, DAVID 1,689.17 1002149 06/01/07 MORIN, TROY 174.25 1002150 06/01/07 PALANK, MARY 1,728.46 1002151 06/01/07 SVENDSEN, JOANNE 1,909.79 1002152 06/01/07 LINTNER, HOLLY 413.32 1002153 06/01/07 SHORTREED, MICHAEL 3,268.81 1002154 06/01/07 WELCHLIN, CABOT 2,583.94 1002155 06/01/07 BAUMAN, ANDREW 160.00 1002156 06/01/07 BUCKLEY, BRENT 1,534.95 1002157 06/01/07 KREGER, JASON 1,662.97 1002158 06/01/07 O'CONNOR, DONOVAN 976.00 1002159 06/01/07 SKOWYRA, NICHOLAS 946.40 1002160 06/01/07 ANDERSON, MICHAEL 480.00 1002161 06/01/07 EDSON, DAVID 1,989.36 1002162 06/01/07 GORE, MICHAEL 480.00 1002163 06/01/07 HELEY, ROLAND 442.43 1002164 06/01/07 HINNENKAMP, GARY 1,958.27 1002165 06/01/07 LINDORFF, DENNIS 1,953.17 1002166 06/01/07 NOVAK, MICHAEL 1,948.55 1002167 06/01/07 OLSON, SCOTT 616.00 1002168 06/01/07 SOUTTER, CHRISTINE 452.50 1002169 06/01/07 BERGER, STEPHANIE 275.63 1002170 06/01/07 GOODRICH, DANIELLE 528.00 1002171 06/01/07 KOHLMAN, JENNIFER 70.00 1002172 06/01/07 LINDA, KELLIE 179.38 1002173 06/01/07 MALLET, AMANDA 52.50 1002174 06/01/07 ROBBINS, EMERALD 166.26 1002175 06/01/07 SCHALLER, SCOTT 37.50 1002176 06/01/07 HAAG, MARK 1,948.55 1002177 06/01/07 NADEAU, EDWARD 3,061.98 1002178 06/01/07 GLASS, JEAN 1,924.86 1002179 06/01/07 HANSEN, LORI 2,302.26 1002180 06/01/07 NAGEL, BROOKE 320.30 1002181 06/01/07 SIMPSON, JOSEPH 240.50 1002182 06/01/07 ANDERSON, JOSHUA 88.75 1002183 06/01/07 ANDERSON, JUSTIN 126.84 1002184 06/01/07 BENJAMIN, AYLA 30.00 1002185 06/01/07 BRENEMAN, SEAN 332.15 1002186 06/01/07 BRUSOE, AMY 105.81 1002187 06/01/07 BUCHMAYER, NICOLLET 210.56 37 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002188 06/01/07 CHASTAN, ADAM 125.13 1002189 06/01/07 CINCOTTA, ANDREW 34.13 1002190 06/01/07 CLARK, PAMELA 142.80 1002191 06/01/07 COSTA, JOSEPH 224.40 1002192 06/01/07 DEMPSEY, BETH 73.50 1002193 06/01/07 FENGER, JUSTIN 67.83 1002194 06/01/07 GIEL, NICOLE 56.00 1002195 06/01/07 GRANT, MELISSA 117.48 1002196 06/01/07 GRUENHAGEN, LINDA 757.24 1002197 06/01/07 HAGSTROM, EMILY 66.15 1002198 06/01/07 HOLMBERG, LADONNA 204.00 1002199 06/01/07 KOVACS, BREANNA 91.00 1002200 06/01/07 MCMAHON, MELISSA 129.80 1002201 06/01/07 NELSON, MARCY 41.25 1002202 06/01/07 NWANOKWALE, MORDY 97.88 1002203 06/01/07 PEHOSKI, JOEL 136.75 1002204 06/01/07 RICHTER, DANIEL 68.00 1002205 06/01/07 RICHTER, NANCY 375.75 1002206 06/01/07 ROGNESS, TRYGGVE 69.35 1002207 06/01/07 ROSTRON, ROBERT 234.50 1002208 06/01/07 RYDEEN, ARIEL 15.30 1002209 06/01/07 SAUCERMAN, MICHAEL 275.69 1002210 06/01/07 SCHAEFER, NATALIE 33.25 1002211 06/01/07 SCHMIDT, EMILY 99.53 1002212 06/01/07 SCHMIDT, JOHN 32.63 1002213 06/01/07 SCHRAMM, BRITTANY 154.20 1002214 06/01/07 SCHREINER, MICHELLE 11.25 1002215 06/01/07 SCHUNEMAN, GREGORY 47.13 1002216 06/01/07 SMITLEY, SHARON 352.10 1002217 06/01/07 TRUE, ANDREW 145.16 1002218 06/01/07 VASKO, BEN 55.25 1002219 06/01/07 WARNER, CAROLYN 276.65 1002220 06/01/07 WEDES, CARYL 98.00 1002221 06/01/07 WARNER, REBECCA 14.50 1002222 06/01/07 WHITE, NICOLE 551.31 1002223 06/01/07 WICKNER, KRISTY 22.75 1002224 06/01/07 WILLIAMS, KRISTINE 151.50 1002225 06/01/07 WOODMAN, ALICE 161.00 1002226 06/01/07 ZALK, IDA 106.18 1002227 06/01/07 BOSLEY, CAROL 348.10 ME CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002228 06/01/07 LEWIS, AMY 90.85 1002229 06/01/07 OIE, REBECCA 62.29 1002230 06/01/07 PATTERSON, FELORENZA 75.25 1002231 06/01/07 SATTLER, MELINDA 260.85 1002232 06/01/07 STODGHILL, AMANDA 43.50 1002233 06/01/07 ZAGER, LINNEA 66.50 1002234 06/01/07 BIRKHOLZ, TYLER 104.25 1002235 06/01/07 DOUGLASS, TOM 1,433.12 1002236 06/01/07 GADOW, ANNA 186.41 1002237 06/01/07 HER, GHEE 57.15 1002238 06/01/07 HER, PETER 177.80 1002239 06/01/07 O'GRADY, VICTORIA 31.45 1002240 06/01/07 SCHULZE, KEVIN 159.60 1002241 06/01/07 YANG, KAY 96.20 1002242 06/01/07 VUE, LOR PAO 37.00 472,306.08 39 Agenda Item 12 MEMORANDUM T(}: City Manager FROM: Ken Roberts, Planner SUBJECT. Conditional Use Permit Review PROJECT. Beaver Lake Town Houses LOCATION: Maryland Avenue and Lakewood [}rive DATE: May 31, 2007 INTRODUCTION The conditional use permit (CUP) for the planned unit development (PUD) for the Beaver Lake Town Houses iS due for review. This iSa residential development under construction on the south side [f Maryland Avenue, east Uf Lakewood Drive. (See the maps On pages 3 through 5 and the city council minutes starting on page 6.) BACKGROUND [)n May 2M.20U2. the city council made several approvals for the Beaver Lake Town Houses. These included: A conditional use permit (CUP) for a planned unit development (PUD) for a 148-unit housing development. The applicant requested the CUP because Section 30-508(8) Cf the city code (shOne|8nU district regulations) requires 8 PUD for developments with buildings having more than four units when the site is in the ShOne|@nd district of lake. In this C8S8 the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single-family detached LVvvnhornes and 108 rental Units in 11 8-unit and 5 4-unit buildings. In addition, having 8 PU[) gives the city and developer 8 chance L8b8 more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements vvoU|d normally allow. (See the approved site plan On page 5.\ 2. Street i and easement vacations. These were for the unused street h0h and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about R.9 acres of the project siteb>rp8rkondopenapaoepurpO3eS. (See the city council minutes starting on page 6.) {]O July S,2O02, the community design r8vievvbO@rd/C0RB\8ppn]v8dthSpnJD0S8ddesign plans (architectural, landscaping, 8tC] for the d8v8|opnn8nL K8c Ernnn8hCh 8pp88|Rd to the city council 8 part of the CDRB's approval about brick on the exteriors of the four and eight-unit buildings. On August 12.2002.the city council approved Mr. Emm9rich appeal Vfthe CORB's condition about adding more brick to the four and eight-unit buildings within the site. (That iS, the city will not be requiring Mr. E[nnlRhCh to add more brick tOthe buildings as the CURB required.) On August 28.2002. the city council awarded the contract for the construction of the Beaver Lake sanitary SRvv8r improvement project to B8[bonJso@ and Sons, Inc. They completed this aevvRr project in December 2002. {]n November 13 the city council approved the first final plat for the Beaver Lake Town Houses. This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center ofthe On K8ornh 31 2003 the city cOUnd| approved the S8COOd final plat for the Beaver Lake Town homes. This plat created 18 lots for detached town houses in the area west ofSterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. [)n September 8.20O3 the city council approved the Beaver Lake TovvnhOm8G Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek and east of Lakewood Drive. [)n June 28 the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. [)n June 13.2O05, the city council reviewed this permit and agreed b] review it again in one year. (]O June 20.2000 the city council reviewed this permit and agreed tO review it again in one year. DISCUSSION The developer and contractor continue to progress with the building of the detached town houses and the overall site work iD this development. They have completed all of the detached town houses within the site. However, the developer and contractor have much to dOtO finish the project including the construction of the multi-unit buildings and replacing several dead trees within the site. The city council should review this CUP again |n one year to ensure that the developer and contractor are meeting all the city conditions as the project construction continues. Review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site. Kr/pa*o25/beavar Lake TH CUP review 2O07.doo Attachments: 1. Location Map 2. Property Line/Zoning Map J. Site Plan 4. May 28, 2002 City Council Minutes Z\ N /Attacnment i ELFHARI L tk Lf DOLPHIN DR h t f { �t i SA1 COYOT'— LN <"�,53 z N E € c7;:J DR 8!50N ,,),7 to 5 0 U . w l A { UJ ANTELOPE WAI t f { �t i Zoning Map Beaver Lake Townhomes Attachment 3 SITE PLAN 0 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02-11 IN IN I: CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 9:33 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue) A. Conditional Use Permit for a Planned Unit Development (PUD) B. Street Right-Of-Way and Easement Vacations C. Preliminary Plat a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. C. Commissioner Rossbach presented the Planning Commission report. Councilmember Collins moved to extend the meeting until all agenda items are addressed. Seconded by Councilmember Juenemann Ayes-All d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Laurence Olson, LSJ Engineering, Representing the Developer of Beaver Lake Townhomes Mark Dorling, 1115 Sterling Street North, Maplewood Kay Peterson, 1085 Mary Street, Maplewood Margaret Lutfey, 1076 Mary Street, Maplewood Bob Zick, 1880 E. Shore Drive, Maplewood E City Council Meeting 05-28-02 1.1 Kevin Berglund, 1929 Kingston Avenue, Maplewood Joan Dorling, 1115 Sterling Street North, Maplewood Will Rossbach, 1386 E. County Road C, Maplewood Kay Peterson, Second Appearance Mark Dorling, Second Appearance Bob Zick, Second Appearance Kevin Berglund, Second Appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive: RESOLUTION 02-05-098 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for a conditional use permit (CUP) for the Beaver Lake Townhomes residential planned unit development (PUD). WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25- 29 -22 -21 -0010 and 25- 29- 22 -21- 0011.) WHEREAS, the history of this conditional use permit is as follows: I On April 15, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, 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. The council tabled action on the development request until May 14, 2001. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 2 City Council Meeting 05-28-02 N 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 plans date-stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: ( No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised 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. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26-34. 3 City Council Meeting 05-28-02 I-J (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) main as it is now. The Parks and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollars with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. 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: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: ( Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City-required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. d. Include a coordinated plan with the public works department for the design and 4 City Council Meeting 05-28-02 Z installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. f. Install a six-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: ( From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. b. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. 5 City Council Meeting 05-28-02 Me 6.* The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank. These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 2. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front-yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet b. Front-yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear-yard setback: none d. Side-yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: ( Minimum width - 20 feet. (2) Maximum width - 28 feet. 9 City Council Meeting 05-28-02 11 (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this development. 11. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the following resolution approving a street right - of -way and easement vacations for the Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue): RESOLUTION 02-05-099 STREET RIGHT-O&WAY VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right-of-ways: That part of the Sterling Street right-of-way as a roadway easement according to the document filed with Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right-of-way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these street vacations. 7 City Council Meeting 05-28-02 12 2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lot 5, Block 2, Beaver Lake Addition {PIN 25-29-22-21-0010) 2. Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25, Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25-29-22-24-0072) 4. Except the North 290.66 feet of the West 1/2 North 677.06 feet of the West 1/2 of the SE 1/4 of the NW 1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25- 29- 22 -24- 0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described vacation since it is in the public interest based on the following reasons: 2. The adjacent properties have adequate street access. 3. These right-of-ways are not needed for the public purpose of street construction. 4. The developer will be building private streets and driveways in the project. RESOLUTION 02-05-100 EASEMENT VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following-described easements: That part of the following sanitary sewer easement according to document number 1504484 lying within Lots 7 and 8, Block 2, Beaver Lake Addition, described as follows: Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29, Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet; thence South I degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21 minutes, 30 seconds East a distance of 170.25 feet more or less to a point on the West line of the 50 foot sewer easement hereinafter 8 City Council Meeting 05-28-02 described, all of the foregoing being over Lot 8, Block I and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25-29-22-21-0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacations for the following reasons: It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. 3. The adjacent properties have access to public streets and utilities. Seconded by Councilmember Collins Ayes-All Councilmember Koppen moved to adopt the preliminary plat for Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: 9 City Council Meeting 05-28-02 M , a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. Have Xcel Energy install Group V rate street lights in at least 15 locations - primarily at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic-control, street identification and no parking signs. e. Provide all required and necessary easements. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: ( Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots shall be in a publicly-owned pedestrian way or outlot. (2) The developer also shall build a six-foot-wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. (3) The developer shall install a two-rail split-rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. 19 City Council Meeting 05-28-02 im Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. j. Install survey monuments along the wetland boundaries. k. Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. b. Install signs where the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (3) Contour information for all the land that the construction will disturb. (4) Building pads that reduce the grading on site where the developer can save large trees. (5) The street, driveway and trail grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. im City Council Meeting 05-28-02 M. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (2) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (3) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (4) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (5) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil-stabilization blankets. (11) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. C.* The tree plan shall: ( Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) 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. 12 City Council Meeting 05-28-02 (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ❑) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c)along the trails (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: ( An eight-foot-wide paved public walkway and two-rail split-rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. (2) The public streets and driveways shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. 13 City Council Meeting 05-28-02 iu -0 (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (6) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) A six-foot-wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. e. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Show the wetland boundaries on the final plat as approved by the watershed district. c. Show the park dedication boundary and area on the final plat. d. Make as many of the property lines as is reasonably possible radial to the cul-de-sacs or perpendicular to the driveways and street right-of-ways. e. Show street names for the driveways as follows: (1) Private Driveway A in the west one-half of the site shall be called "Beaver Creek Parkway." (2) Private Driveway B in the west one-half of the site shall be called "Beaver Creek Lane." (3) Private Driveway D in the east one-half of the site shall be called "Sterling Circle." 14 City Council Mecting 05-28-02 19 (4) Private Driveway E in the east one -half of the site shall be called "Sterling Lane." f Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement) h. Label the common areas as outlots. B. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and q and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: C. Any off -site drainage and utility easements. D. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer receives from the city sewer construction. 7. Record the following with the final plat: 15 City Council Mecting 45 -28 -42 20 a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any additional driveways {besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots I through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. e. Deeds for the stream and wetland buffer easements surrounding the stream and the wetlands. f. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. E. A deed that transfers the ownership of the park dedication area to Maplewood. F. Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. S. Submit the homeowners' association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 11. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 16 City Council Meeting 05-28-02 21 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Koppen, Wasiluk Nays-Councilmember Juenemann Councilmember Koppen moved to adopt the following resolution approving the on street parking standards for the Beaver Lake Townhome development: RESOLUTION 02-05-101 NO PARKING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right-of-way widths, reduced street pavement widths and reduced private driveway widths in this development. WHEREAS, the city has approved reduced street right-of-way widths, reduced street pavement widths and reduced driveway widths in the development, subject to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on one side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhorne PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25-29-22. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Wasiluk, Koppen Nays-Councilmember Juenemann Councilmember Koppen moved to authorize city staff to spend up to $400,000 of the open space funds for the 8.9 acres which would include the $150,00 matching grant form the DNR Greenways Program. Staff was also directed to make the developer aware that the city would like to see his participation in the open space program. Seconded by Councilmember Collins City Council Mecting 05-28-02 22 Ayes-All M Agenda Item 13 MEMORANDUM TO: Greg Copeland, City Manager FROM: Sh8mn Flnvv8|[A|CP. Planner SUBJECT: Comforts of Home LOCATION: 23OO/2310 Hazelwood Street [)ATE: June 1.2U07 for the June 11 City Council Meeting Background On June 12. 2000. the city council approved several land use requests for senior housing development called Comforts 0fHome. (Refer t0 the June 12,2O00. city council minutes and plans 8tt8Ch8d.) The Comforts of Home development iG proposed for the SOULheGsL corner of Highway 38 and Hazelwood Street (the location of the vacant Auto Glass store and on electrical contractor's offioe). Land use requests approved included o land use plan change from business commercial to high multiple dwelling residential, o conditional use permit (CUP) for a planned unit development, and design review. One of the conditions of the CUP is that the proposed CODStrUCtiUn must be substantially started within one year Vf city council approval Or the permit shall end. The city council may extend this deadline for one year. After city council approvals the applicant, Brian Winges of Comforts of Home, encountered some minor delays in the closing Of the land, finalizing the financing, and wrapping Up the detailed market studies. In addition, it was diSC0v8nSd that the cost to redevelop the two properties from their existing uses k) the proposed senior housing were more than expected. For these reasons the applicant has not begun development of the project, but would like to do 3o this summer. The applicant estimates that the construction of the building and site improvements will take approximately seven to eight months, which would bring completion Of the project t0JGDuGmYFeb[uory20O8. Request The applicant is requesting a one-year extension of the CUP for the planned unit development for Comforts of Home. DISCUSSION The Comforts of Homes development will have 42 private suites, a large kitchen, group dininm8ivino/octivitv areas, and a beauty shop. Each suite has aprivate bathroom and 8 separate bedroom/living area. Some of the units would have kitchenettes. The facility will have 24-hoUr on-site home care and nursing staff. The facility will provide the residents' meals, housekeeping, and laundry service. The proposed building and use will be a welcome and needed addition toMaplewood. Extension 0f the CUP for one year will ensure that the development can take place. RECOMMENDATION Approve a one-year extension of the conditional use permit for a planned unit development for the proposed Comforts 0f Home 42-unit senior housing project hobe located Vn the southeast corner Vf Highway 30 and Hazelwood Street (230U/2310 Hazelwood Street). The proposed construction must b8 substantially started within one year Of the city council's approval 0f the extension (June 12 U\comfortoofhomo0'11-)7oomeeting 1. Applicant's Narrative 2. June 12.2UO0 City Council Minutes 3. Location Map 4. Site Plan 5. Building Elevations 0. Floor Plans h--.4 Attachment 1 Uomforts OF I 10 May 29, 2007 To the City of Maplewood: Comforts of Home would like to request an extension to the June 12, 2006 city council approval for our new senior community that will be constructed at 23 Hazelwood in Maplewood. The project is on a positive track. After receiving city approval on June 12, 2006, we encountered some minor delays in the closing of the land, finalizing the financing and wrapping I tD 1.1) up the detailed market studies. With this extension, we will begin the project this summer. By the end of June, our contractor will pull the necessary building permits and begin demolition of Z� the existing buildings. The construction of the building and site improvements will take approximately seven to eight months; completion is planned for January/February 2008. We at CLP Development and Comforts of Home are very excited to have this new senior community in Maplewood. We are confident that our building will add value to the neighborhood, and create an amenity to the surrounding conu as well. Thank- you for considering our request for an extension. We will be available at the June 11, 2007 council meeting to answer any questions. Thank you. Sincerely, Brian Winges Comforts of Home 1245 Gun Club Road White Bear Lake, MN 55110 MINUTES MAPLEWOOD CITY COUNCIL Attachment 2 7:00 P.M. Monday, June 12 Gyrnn8siUrn Carver School 2S80 Upper Afton Road Meeting No. 06-15 K. UNFINISHED BUSINESS Comforts of Home Assisted Living F8d| Hazelwood Street) Land Use Plan Change H Conditional Use Permit for Planned Unit Development Design Approval a. Planner Finwall presented the report. b. Mark P8sChke, Frisbee AnchiteCts, answered council questions. ConlrniSsionRr[}iehch presented the Planning Commission report. d. BVardnn8nnUer[Uson presented the Design Review Board report. Councilmember Cave moved to adopt the following resolution approving- the proposed comprehensive land use change resolution. This resolution changes the land use plan from business commercial (BC) to high multiple dwelling residential (R-3H) for the properties at 2300 and 2310 Hazelwood Street: WHEREAS, Maplewood Comforts Of Home, LLC. applied for 8 change k] the city's land use plan from Business Commercial (BC) to High Multiple-Dwelling Residential (R-3H). WHEREAS, this change applies to the property at 2300 and 2310 Hazelwood Street in Maplewood, Minnesota. WHEREAS, the legal description for the two lots is: Parcel A: The North 2O0feet of that portion of Lot 9.E.G. RogRr'SG8rden Lots lying Southerly of the right ofvvay0fST.|f.No.30-118. Except that portion Of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1788958 Ramsey County, Minnesota. Parcel B: Lot 9, lying South Uf centerline [f Highway 3U8xcectUle North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. VVHEFlE/\S the history of this change is as follows: 1. {]n May 1.200S. the planning commission held o 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 aL the hearing 8 chance k} speak and present written statements. The planning commission r8cVnnnn8ndeU that the city council approve the comprehensive land use amendment. 2. On June 12.2O08, 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 approved the above- described City Council Meeting 06-12-06 1. This site iSpro for and consistent with the city's policies for hi residential use. This includes: 8\ Hav a vari of housing types for all types of residents, regardless of age, ethnic, r8do[ oJltUr3| or socioeconomic background. AdiwerSitv Of housing types should include apartments, town houses, manufactured homes, single-family housing, public-assisted housing and low- LV moderate-income housing, and rental and owner-occupied housing. b\ Promote a var of housing types, costs and ownership options throughout the city. These are tO meet the life-cycle needs 0f all income levels, those with special needs and nontraditional households. C) The city will continue to provide dispersed locations for gdiversity of housing styles, types and price ranges through its land use plan. d\ The cit long-term stability of its tax base depends upon its ability to attract and keep residents Of all ages. T0d0 so, the city must insure that 8 diverse mix 0f housing styles iS available iO each stage Of the life cycle Df housing needs. 8\ It is located off an 8rt9h8| Gir98L. on 8 co||9CLVc 0 |tis located near o park, open space, and wet Seconded bv Mayor Longhe AVeS'A|| Councilmember Cave moved to adopt the following resolution approving- the conditional use permit for Comforts of Home Assisted Living FacilitV. This resolution authorizes a conditional use permit for a multiple dwelling planned unit development within the BC zoning district. The multiple dwelling development is a 42-unit assisted living facility at 2300 and 2310 Hazelwood CONDITIONAL USE PERMIT RESOLUTION 06�6-070 WHEREAS, Maplewood Comforts of Home, LLC, applied for a conditional use permit for a planned unit development to construct a 42-unit, assisted living and memory care, facility within the Business Commercial zoning district for a development known as Comforts of Home. WHEREAS, this permit applies LO the properties 8L23OO and 2310 Hazelwood Street. WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots l Southerly of the ri ofvv8y0fS.7 Except that portion Of the above described tract conveyed hJ the Village 0f Maplewood by Quit Claim Deed recorded May 21.19O18SDocument Number 17S8858, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline Of Highway 3S except the North 312.5 feet thereof, E.G.Ffoger'a Garden Lots, subject hnoroad. WHEREAS, the history of this conditional use permit is as follows: 1. (]O May 1 the planning commission held 8 public hear The city staff published 8hearing 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 comprehensive land use amendment. City Council Meeting N6-12-00 2. On June 12.20U0. 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 approve the above-described conditional use permit, because: 1. The use would be |0cobad, designed, rnointained. constructed and operated to be in COnhJrnnitv with the city's comprehensive plan and code nfordinances. 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, ppnceas, nn8teri8|s, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, e|8CtriC8| interference Vr other nuisances. 5. The use vvOU|d generate only [niDi[nG| vehicular traffic on |OCG| streets and would not oFSotS traffic congestion Or unsafe access on existing or proposed streets. S. 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 n08xin0izS the pPSSSn/8tiOO of and iDC0[pOr8tS the site's natural and SCSDiC features into the development design. 8. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 11, 30O0. engineering plan review. 2. All construction shall follow the plans date-stamped March 27. 2006, and with revisions as noted in this approval. The city council may approve major changes t0 the plans. The Director Of Community Development may approve minor changes LV the plans. 3. The applicant must provide the City with verification that the 8aSiat8d living facility will nn8Bt state noise standards. This can be accomplished through a study, testing or other documentation. If the noise On this site is G factor, then the applicant will have to construct the t3d|itv S0 it nnH9Ls the standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. 4. The project is approved with 8 parking reduction of5S parking spaces (84 parking spaces are required per city code, 25 parking spaces pn}posed). 5. The project iSopprDvedvvith@35gSquGnafOotflOD[@r8oredUCti0Dinth8rBqui[8dUnitflO0[ area (580 square foot units are required per city code, 221 LO 300 square foot units are proposed). S. The project is approved with o 0.5-fO0t parking space width reduction /Q.5 foot wide parking spaces are required per city code, 9-foot wide parking spaces are proposed). 7. All signs on the property must be approved by the community design review board. City Council Meeting N6-12-00 8. The proposed construction must be substantially started within one year of city council approval 0r the permit shall end. The city council may extend this deadline for one year. 9. The city council shall review this permit in one year. Seconded bv Mayor LOngrie Ayes-All K8eynrLongrie moved to approve the plans date starnged March 27, 2006, and the April 25, 2006, revised grading and drainage, tree preservation and landscape plans for the 42—unit, two-storV, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 2300/2310 Hazelwood Street). Approval is submectto the applicant doing the following: o. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised plans which meet all requirements as spelled out in the May 11, 2006, engineer review inc|Vding, but not limited k), entering into 8 development agreement with the city to ensure all construction activities conform LOK8Gp|evv00d's standards and tO ensure 8n escrow iS taken by the city for the cost 0f8 6-foot-wide sidewalk to be constructed along the entire Hazelwood Street frontage during future Ngze|vv0od Street construction. 2\ Revised landscape plan showing the following: 8\ The Colorado blue spruce should b8 changed hJ Black Hills spruce. b\ Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre-approved native seed mixtures. C\ The landscape area called out on the main floor plan in front Of the entry canopies (sheet A2) should be reflected 0n the landscape plan. d) A planting bed should be included in the interior Cf the loop driveway (in between the driveway and the n}ad\ 8\ Two additional sugar maple trees should be planted G|ODA N8ze|vv0Od Street. fl All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must b9irrigated. The landscape plan must reflect the location ofall required underground irrigation sprinkler heads. 8) All disturbed areas must be established with turf. h) The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #5Y3-3O" oak) and must take all means necessary tV protect all other large trees scheduled tVbe preserved Vn the property during construction Df the facility. 3) Revised site plan which shows the following: o) Site plan must match the grading and drainage plan and reflect the required berm located on the north side of the property. b\ FuLVn} sidewalk to be located along the entire H8ze|vvVOd Street frontage. C\ VV@|kiDg trail to be located on the north Side of the property, 8nJUDd the infiltration basin. 4\ Revised floor plans showing the expansion of the three outdoor patios if possible. 5) Revised lighting and photometrics plan which shows that the height of the freestanding lights dO not exceed 25 feet (measured from ground grade t0 the top 0f the |unn8D\. City Council Meeting N6-12-00 6) Watershed district approval. Y) Building material samples. 8\ The owner shall combine the two properties into one lot for tax identification purposes before the city issues building permit. S\ A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be150 percent of the cost of the work. C The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because ofthis 2\ Provide continuous concrete curb and gutter around the parking lot and driveways. 3\ Install all required landscaping and 8n in-ground lawn irrigation Svst8nlf0[GU landscaped areas. 4\ Install all required outdoor lighting. 5\ Install wetland buffer signs which indicate that no nnVvvinQ cUtting. or building is permitted within the 25-foot buffer. d. K any required work iS not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2\ The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner Or contractor shall complete any unfinished exterior innppOvenn8nLs by June 1 of the fV||VvvinQ year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy iSin the spring 0rsummer. H. Signs are not approved with this design r8vevvGppr0vGi All signs nnVStbe8ppn]vedbvthH community design review board before installation. All work shall follow the approved plans. The director nf community development may approve minor changes. Seconded by Councilmember Juenemann Ayes-All City Council Meeting N6-12-00 Attachment 3 w Location M07rTi Attachment 4 HAZELWOOD STREET Ko >0 o 9: r rn C) *:a 0 -1 0(p 0 ril o -0 K r - rTI z o n o R-1-S-B-I-E I II a 01 l 11 t 15-0• PARKING 5ETBACK - - - -7811 Bill sioN0 smk - - - -- - - - - - - - - - - - - IN IV rn rn �; �~ IQ 1 o n o R-1-S-B-I-E I II a 01 l 11 t Nlyr Foit A R C H I T E C T S M, c 0) E . I �- ASPHALT SNIN -A, KI-I -ITPW K - WINDOWS PRE- FINIGHEO MTL. 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I OVe GRAOG -- - - - - -� DA�G SHED LINE 10IGATE5 E %TENT ft00F OVERHANG ABOVe, nP. A6 MBERINE L CT 40 A xGLEO TTP HA5DITRIM PLANK ELEV 08' -11� RU55 BR61 eLev.. w Pb f JAMB S x RM HOLLOW+. VENTURED OTONE MGTAL DR d FRAME � - PLAN NO— � F.F.e. • 1oa-0" e � GDP cmx a TRASH ENCLOSURE PLAN 1 /// �0 4 TRASH ENCLOSURE EXTERIOR ELEVATIONS AS SCALE'. ll4' • P -0" � � A5 S C A l E: V0" • t' -0° "" `E`n ® ttD, Dv D DooRl ASPNALT BHSNOLES I. ROOFING FELT PRE -E PA RATED SH NG. RODF TA. f 24" I`11. 5ECT10NAL BTEEL — OYERHEAD DOOR, TYP, btMP508 PPL�e N BY eLev. + 165Lm_ 1iRU99 BR01 f 45x O.C. TH TREATED (1 2nb TOP PLATE s• GoNC. aox6 fM. " GUITURED STONE veNeeR • vERT. Re[NPC N PS f W 32" O.L. sLOPc (GARAGe Leveu ' —' —_ . —__�. r°= .. - °...:, -, eRAOe -. •- _'__, - -It 1 - -_ 6�_ Y.6 OVER fi" aa�aATEO mwx6LAR Fcu Wf t 'e YL OG. - tt.D FoonxGl $ tt.o FoonNGl - C 24^x 11" PWRe6 GONG. c DOnxG Wf 11f we oxnxUOOs s WALL SECTION a WALL SECTION p5 caLE. v2 1-0 A5 sOALe: v2 =1 D eLev.. wrE= 9 tt.o. CULrvR D srDNEI Slt" x e�'HARDRRIW —'" �e E� U= W� F= x U: C= simm LWNG N%pu wc) MIIdN6901'A wKxlErn No asozE A5 c E v Q PLAN NORTH MAIN FLOOR PLAN R6T EEGGR AREA , ,J,]aJ 6E, OK A2 c A L D 0 o n o RM t b " b P ,0 c m) PM. P ii CA5) RM t 1R RM P i3 CUD RM # H CID RM t x5 CQD Rk t ib CID 6ITTINS RM. Mr. 'kC i ISVINO LIV[NG " 8 V V dam_ V CJ Ve lJ I z - - -- r. . o o r - - - - - __0 -- -- - - - - -- 0 HALL I CGMMOx6 AREA O HALL O i08 D 02NSNG GHAR-I `— -'� � -- � i 6TAIR B' 11J �,] ACirvitt' NUR6E OFFICE 1>e,) 0 1 ftM t 4 RM P J ,.,, RM P Z : �. L[f0a AREA � war O1xIN0 LIVIx@ F `? �' RM, t t8.... ftM t IB RN. t ,] CYD 0 0m) HALL Wa 5 I' .� ..... �. ..- ----------------- - - - - -- 133 IH ` E al) t 1 01'PICE LM--U KttCHCN e % M ® 106 104 — . T, g g��I 100 E OUIP er otK�tW� DRY BTOR \ -- ro itu 1 0 ° ,.. 0 ❑n n' o non 0 0o an o n n II I L o L --- ._ ---- - - - - _t __ ---- uu _____. _:: - __L____JT___ - PLAN NORTH MAIN FLOOR PLAN R6T EEGGR AREA , ,J,]aJ 6E, OK A2 c A L D PLAN NORTH ?!�C�NR.7�00R PLAN T-1 -- 11-1 —1 atJ NEW FACUBY FOR COMFORT OF How SIMOR LWNG NIAPLEWWD MR44MMA T m —!I m N M .- I d I K-3 w II II II II II II II II PLAN NORTH ?!�C�NR.7�00R PLAN T-1 -- 11-1 —1 atJ NEW FACUBY FOR COMFORT OF How SIMOR LWNG NIAPLEWWD MR44MMA T m —!I m N M .- I d I K-3 w Agenda Item 1-4 TO: City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Purchase New Ambulance Chassis DATE: June 5, 2007 1919KOIKOR In the submitted 2008 CIP, we are requesting the refurbishment on an ambulance that has over 100,000 miles on it. This will be the first time that we will refurbish an ambulance rather than buy a new one. Refurbishment means replacing the chassis with a new one and rebuilding the ambulance box keeping its main components. Other ambulances services have done this in the past with a cost savings of approximately $30,000. In December of 2006, Ford announced that they would no longer be producing the E450 chassis that is used to build 90% of ambulances in the country. We researched other possibilities, and at this time, General Motors and Chrysler have not decided if they will enter the ambulance business. Our other options were to go to a much larger chassis which would have an impact in costs of an additional $15,000 to $25,000 more than what we have paid for a new ambulance or search to see if we could find a new E450 chassis to purchase now for use in 2008. In mid-May, we were able to find a 2006 E450 chassis with full warranty that we could purchase and hold until 2008. This purchase would be made if the refurbishment is approved in the CIP for 2008. In late May, Ford announced that they will be reconsidering building the ambulance chassis in 2008, but at this time, no production dates or costs are available. N **IQ LY, I LY, 14 1! 1 IT-A 1 [*1 Z I recommend we make an emergency purchase of a 2006 E450 ambulance chassis from Road Rescue in the amount of $28,000 to hold until 2008 when we will begin refurbishment of the ambulance. Nzm� To: City Manager Greg Copeland From: Chief of Police David J. Thornalla Subject: Acceptance of Donation to Police K-9 Program Date: May 23, 2007 Introduction The Police Department has received a donation for its K-9 program, and City Council approval is required before this donation can be accepted. On May 22, 2007, the Police Department received a check in the amount of $698.65 from Family HealthServices Minnesota, 2025 Sloan Place, as a donation to the department's K-9 program. They advised us that in 1998 their office instituted a Casual Friday program, where employees agreed to pay $1 to dress casually on Fridays. The money collected is then given to a local charity, which is chosen and voted upon by the employees twice a year. The Maplewood Police Department K-9 Program was chosen as their most recent recipient because they wanted to show their appreciation for all that the K-9's do for the community, and they asked that the donation be used as needed for the K-9 program. It should be noted that former Maplewood Police Civil Service Commission member Debra Birkholz works at Family HealthServices Minnesota. Recommendation It is recommended that approval be given to accept this donation and that the necessary budget adjustments be made so the funds can be expended as requested. Action Required Submit to the City Council for review and action. DJT:js AGENDA REPORT To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Approval of Fitness Program Coordinator Contract Date: May 31, 2007 Introduction Z : • i I * I 'I . 1 0 . I ' 0 0 . a 9 0 a 9 . on The Maplewood Police Department has had an agreement with Marsha Panos for the past eight years for her services as a consultant and coordinator of the physical fitness program for the police department. The fire department has also joined into this program. The program now serves approximately 40 police and fire employees, who are involved in occupations where fitness levels are important and stresses on the body can cause inordinate numbers of illnesses, injuries and absences from work. Although employee fitness program participation takes place at the Maplewood Community Center, the services Ms. Panos provides encompass many aspects of fitness for public safety employees, including acting as a liaison between the departments and a consulting physician, conducting heath and fitness assessments on each participant, providing individualized fitness recommendations and continuing education and program evaluation. Ms. Panos' qualifications and services are specialized for public safety and go beyond what MCC staff is able to provide. Ms. Panos has been providing this service for the St. Paul Police Department for over 20 years. Although Ms. Panos has been providing this service, her services rise above $5,000 annually, requiring City Council approval. Funds have been budgeted for these services. The City Attorney has reviewed and approved this contract. NOW 7 0 V-1 ro =16 It is recommended that the City Council approve the contract covering provision of services to the Maplewood Police and Fire Departments for fitness program coordination and consultation. - *I '-s .0 Submit to the City Council for review and action. Attachment May 29 07 08:20a Peter and Marsha Panos 6514810365 P1 CONSULTANT AGREEMENT CITY OF MAPLE WOOD, a municipal corporation, M M. A. TAYLOR, INC. This Agreement, dated this 5'h day of May, 2007, by and between the City of Maplewood, a municipal corporation, hereinafter referred to as "City" and M.A. Taylor, Inc., hereinafter referred to as "Consultant", 496 Elaine Avenue, Shoreview, MN 55126. RECITALS Consultant represents that she has the necessary education, training, experience, certification and licensing for purposes of undertaking this Agreement. The City, is a municipal corporation organized under the laws of the State of Minnesota. The City desires to have the following services performed by Consultant I - Consultation on the development of a fitness program; 2- Liaison between program physician, Dr. James Rossini and employees; 3. Realth/fitness assessments for employees to include: a. Blood pressure measurement; b. Body composition; C. Aerobic fitness d. Muscle strength and endurance; e. Flexibility. 4. Individualized fitness program recommendations based on above. 5. Up to six (6) hours of healthifitness education on a group basis for employees. 6. Physical fitness program evaluation. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Agreement. Consultant is an independent contractor and Consultant represents and understands that she is an independent contractor, for purposes of workers' compensation, state and federal taxes, and agrees to comply with all laws with respect to necessary filing and withholding as an independent contractor. Consultant shall indemnify and hold harmless the City from any claims by third parties May 29 07 08:21a Peter and Marsha Panos 6514810365 p2 and withholding as an independent contractor. Consultant shall indemnify and hold harmless the City from any claims by third parties resulting from allegations of workers' compensation, state and federal taxes, recruiting and other necessary filings. IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED BY AND BETWEEN CONSULTANT AND THE CITY AS FOLLOWS: SECTION 1— NATURE OF WORK Consultant shall perforra services for the City with respect to the following wing matters relating to participants of the City; 1. Consultation on the progression of a fitness program; 2. Liaison between the program physician, Dr. James Rossini, and participants; 3. Health/fitness assessments for participants to include: a. Blood pressure testing b. Body composition; c. Aerobic fitness; d. Muscle strength; e, Muscle endurance; f Flexibility; 4. Individualized fitness program recommendations based on above; 5. Up to six (6) hours of health/fitness education on a group basis for employees; 6. Physical fitness program evaluation. SECTION 2 — PLACE OF WORK That all services will be done at the Maplewood Community Center using the Center's equipment. SECTION 3 — PERFORMANCE In performance of services, the Consultant will devote hours to complete the services in a timely manner as determined by Consultant. All services will be performed by qualified persons that have the necessary education, training, experience, certification, and licensing for purposes of performing said services. May 29 07 08:21a Peter and Marsha Panes 6514810365 p3 SECTION 4 - PAYMENT The Consultant will submit quarterly invoices reflecting its charges for services and the charges for said services will be in accordance with the schedule -referenced on the attached Exhibit A, which is made part of this Agreement. It is understood and agreed that the Consultant will not be reimbursed for travel and mileage expenses in performing services. Other services, such as oue-on-one consultations with employees, services for employees other than sworn police officers and firefighters, health/fitness educationW classes (over the six hours included time) etc. will be payable at a rate of $ 75 per hour. SECTION 5 - TERM The parties hereto contemplate that this Agreement shall begin the date hereof and automatically renew on December 31 of each year until terminat by party upon thirty (3 0) days written notice in advance of the effective termination date,' SECTION 6 — STATUS OF CONSULTANT This Agreement calls for the performance of services by Consultant as an independent contractor and Consultant will not be considered an employee of the City for any purpose. SECTION 7 Consultant covenants that the Consultant presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with the City of Maplewood, its representatives, agents or employees. SECTION 8 Both parties recognize that this Agreement is for Consultant's services and cannot be transferred, assigned or sublet by Consultant. SECTION 9 By executing this Agreement, Consultant certifies that he is aware of the provisions of Minnesota Statutes with respect to workers' compensation, and Consultant restates that he is an independent eontractor and certifies that he will comply with the provisions of the workers' compensation statute as an independent contractor before commencing the performance of the work of this :agreement. SECTION 1€1— INDEMNITY Consultant and the City agree to defend, indemnify and hold each other harmless from any and all claims, causes of actions, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein, and attorneys* fees May 29 07 08:21a Peter and Marsha Panos 6514810365 p,4 and costs and expenses connected therewith, arising out of or resulting from the failure of the City or the Consultant to satisfy the provisions of this Agreement or for damages caused to third parties as a result of the manner in which the City or Consultant performed or failed to perform duties imposed on the respective party by the terms of this Agreement. The City is responsible for its actions and the Consultant is responsible for his own actions- Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 455 or other applicable law. SECTION 11- INSURANCE Consultant represents that he has proper insurance to cover any type of claims resulting fTorrinegligent acts or omissions of the Consultant. SECTION 12 - NOTICE Any notice required or permitted to be given shall be in writing, served by certified mail at the receiving party's last address. Consultant City of Maplewood M. A. Taylor, Inc. Attention: Chief of Police 496 Elaine Avenue 1830 County Road B Shoreview, MN 55126 Maplewood, MN 55109 SECTION 13 - DATA PRACTICES Consultant agrees to comply with Minnesota Data Practices Act and all the applicable state and federal laws relating to data privacy or confidentiality. Consultant will immediately report to the City and requests from third parties for information relating to this Agreement. The Consultant agrees to hold the City, its officers, department heads and employees harmless from any claims resulting from the Consultants unlawful disclosure or use of data protected under state and federal law. SECTION 14 -COMPLIANCE WITH THE LAW Consultant agrees to abide by the requirements and regulations of the Americans with Disabities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. Ch. 363) and Title VII of the Civil Rights Act of 1994. These laws deal with discrimination based on race,, gender, disability, religion and with sexual harassment. In the event of questions of the Consultant concerning these requirements, the City agrees to promptly supply all necessary clarifications. Violations of any of the above laws can lead to termination of this Agreement. SECTION 15 -COMPLIANCE WITH HIPAA The parties recognize that the Maplewood Police Department Fitness program is May 29 07 08:22a Peter and Marsha Panos 6514810365 P,5 considered a 'health plan' and covered entity' under the Health Insurance Portability and Accountability Act (HIPAA). In the course of performing services related to the Maplewood Police Department Fitness Program, the consultant will generate or obtain protected health information concerning participants of the program; This section is intended to satisfy the "business associate agreement'' requirement under the Privacy Rule of the Health insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 CUIPAX) between the Plan as the Covered Entity and M, A. Taylor, Inc. 1. Definitions Terms used but not otherwise defined herein shall have the same meaning as those terms in the Privacy Rule. A. Business Associate — "'Business Associate" shall mean M. A. Taylor, Inc. as the Fitness Program Consultant for the Plan, to the extent that health information received or created by M. A. Taylor, Inc. is Protected Health Information under the Privacy Rule. B. Covered Entity — "Covered Entity' shall mean the Plan named above. C. Data Aggregation — "Data Aggregatioif 'shall mean the combining of Protected Health Information created or received by Business Associate in its capacity as a business associate of the Plans with the Protected Health Information received by Business Associate in its capacity as a business associate of another covered entity (as those terms are defined in 45 CFR Section 160.103), to permit data analyses that relate to the health care operations of the respective covered entities. D. Designated Record Set — "Designated Record Set" shall mean a group of records maintained by or for the Covered Entity that is (1) the medical records and billing records about Individuals maintained by or for the Covered Entity, (2) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for the Covered Entity, or (3) used, in whole or in part, by or for the Covered Entity to make decisions about Individuals. As used herein, the term "Record" means any item, collection or grouping of information that includes Protected Health Information and is maintained, collected, used or disseminated by or for the Covered Entity. E. Individual — "Individual" shall have the same meaning as the term "individual" in 45 CFR 164-501 and shall include a person who qualifies as a May 29 07 08:22a Peter and Marsha Panos 6514810365 P,6 personal representative in accordance with 45 CFR 164.502(g). F. Plans — "Plan" shall mean the group health plan named above for which consultant provides services involving the use or disclosure of Protected Health Information. G. Plan Sponsor — "Plan Sponsor" shall mean the City of Maplewood. H. Privacy Rule — "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E as in effect or as amended. 1. Protected Health Information — "Protected Health Information'" shall mean the "protected health information" (as defined in 45 CFR 164.501) created or received by Business Associate from or on behalf of Covered Entity. J. Required by Law — "Required by Law "" shall have the same meaning as the term "required by law" in 45 CFR 164.501. K. Secretary — "Secretary" shall mean the Secretary of the Department of Health and Human Services or his/her designee. 11. Obligations and Activities of Business Associate A. Generally. Business Associate agrees not to use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required by Law. B. Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement, Business Associate may use o di sc l ose Protected Health Information to perform functions, activities, or services for or on behalf of Covered Entity as described in the service agreement, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity. 1. Except as otherwise limited in this Ag reement, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 2. Except as other-wise limited in this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that (a) disclosures are Required by Law, or (b) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain May 29 07 08:23a Peter and Marsha Panes 6514810365 p.7 confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notified the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 3. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B), 4. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.5020)(1). C. Mitigation. Business Associate agrees to mitigate, to the extent practicable, any hannftd effect that is known to Business Associate of the use or disclosure of Protected Health Information by Business Associate in - violation of the requirements of this Agreement. D. Safeguards Against Misuse of Information. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. E. Reporting of Disclosures of Protected health Information. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware. F. Subcontractors. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. G. Access to Information. Business Associate agrees to provide access, within fifteen (15) days of a request by Covered Entity, to Protected Health Information in a Designated Record Set held or maintained by Business Associate, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. H. Availability of Protected Health Information for Amendment. Within fifteen (15) days of receipt of a request from the Covered Entity for the amendment of an Individual's Protected Health Information or a record regarding an Individual contained in a Designated Record Set for so long as the Protected Health Information is maintained in the Designated Record Set, May 29 07 08:23a Peter and Marsha Panes 6514810365 P.8 Business Associate shall provide such information to the Covered Entity for ameridineat and incorporate any such amendments in the Protected Health Information as required by 45 CFR 164-526. It shall be the Covered Entity's responsibility to promptly notify Business Associate of the request for an amendment. Any denials, in whole or in part, of requested amendments shall be done in accordance with 45 CFR 164.526 and shall be the responsibility of the Covered Entity, I. Accounting of Disclosures. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. Within fifteen (15) days of receipt of notice from the Covered Entity that it has received a request for an accounting of disclosures of Protected Health Information regarding an Individual during the six (6) years prior to the date'on which the accounting was requested, Business Associate shall make available to the Covered Entity such information as is in Business Associate's possession and is required for the Covered Entity to make the accounting required by 45 CFR Section 164.528. At a minimum, Business Associate shall provide the Covered Entity with the following information: (1) The date of the disclosure; (2) the name of the entity or person who received the Protected Health Information and, if known, the address of such entity or person; (3) a brief description of the Protected Health Information disclosed; and (4) a brief statement of the purpose of such disclosure which includes an explanation of the basis for such disclosure. It shall be the Covered Entity's responsibility to promptly notify Business Associate of the request for an accounting, and to prepare and deliver any such accounting requested. Business Associate hereby agrees to implement an appropriate record keeping process to enable it to comply with the requirements of this section. J. Access Provided to Secretary. Business Associate shall make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Secretary, if necessary, for purposes of determining the Covered Entity's compliance with the Privacy Rule. K Return of Protected Health Information. Business Associate shall at the termination of this Agreement with Covered Entity, if feasible, return or destroy all Protected Heath Information received from, or created or received by Business Associate on behalf of, the Covered Entity that Business Associate still maintains in any form and retain no copies of such information. If such return or destruction is not feasible, Business Associate agrees to extend the protection of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the i4ormation infeasible. May 29 07 08:23a Peter and Marsha Panes 6514810365 P.9 JIL Obligations of Covered Entity A. Notice of Privacy Practices. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health lailbrmation. Covered Entity may satisfy this requirement by providing Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 CFR 164.520, as well as any changes to such notice. B. Requests by Covered Entity. Except as otherwise allowed, in this Agreement, Covered Entity shall not request Business Associate to we or disclose Protected Health Information in any manner that would no t be permissible under the Privacy Rules if done by Covered Entity. This includes, but is not limited to, requests for disclosure of Protected Health Information to the Plan Sponsor as other than the entity acting on behalf of the Plan as the Covered Entity. To the extent a dispute or difference of opinion exists between Business Associate and Plan Sponsor acting on behalf of the Plans, Business Associate may disclose under objection pursuant to the specific, written direction of the Covered Entity. Any disclosures made pursuant to such specific, written direction shall be subject to the indemnification provisions of the Agreement, C. Changes in Permission, Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by I t use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information, D. Restrictions- Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Informatio that Covered Entity has agreed to in accordance with 45 CFR 164,522. ' to the extent that such restriction may affect Business Associate's use or diselosure of Protected Health Information. IV. Term and Termination A. Term. This Agreement shall be effective as of May 5, 2007 and shall terminate when all of the Protected Health Information provided lay Covered Entity to Business Associate,, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is Y, infeasible to return or destroy Protected Health Information, protections are extended to such information in accordance with the termination provisions in this Section and Section II.K. of this Addendum. B. Termination fo C ause . Upon Covered Entity's knOlkledge of a material breach by Business Associate, Covered Entity shall either: May 29 07 08:24a Peter and Marsha Panos 6514810365 P10 1, Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement and any relevant sections of the Agreement if Business Associate does not cure the breach or end the violation AiLhin a reasonable time specified by Covered Entity; 2. immediately terminate this Agreement and any relevant sections of the Agreement if Business Associate has breached a material term of this Agreement and cure is not possible; or 3. If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary. C. Effect of Termination 1. Except as provided in paragraph 2, below, upon termination of this Agreement for any reason, Business Associate shall return or -destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This pro-vision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. 2. In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon Business Associate's determination that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of this Addendum to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. V. Miscellaneous A. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for the Covered Entity to comply with the Privacy Rule and HIPAA. B. Survival. The respective rights and obligations of Business Associate under Section W.C. of this Agreement shall survive the termination of this Agreement. C. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule. May 29 07 08:24a Peter and Marsha Panes 6514810365 P.11 D. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything in this Agreement confer, upon any person or entity other than the parties and their respective successors or assigns any rights, remedies, obligations or liabilities whatsoever. E. Governing Law; Jurisdiction, This Agreement will be construed as to both validity and performance and governed by and enforced in accordance with the laws of the State of'Nlinnesota. Any legal action relating to this Agreement must be hrought in a court located in the State of Minnesota. F. Waiver. Failure to enforce any provision of this Agreement does not affect the rights of the parties to enforce- such provision in another circumstance. Neither does it affect the rights of the parties to enforce any other provision of this Agreement at any time. SECTION 16 — AUDITS The Consultant agrees that the City, the State Auditor or any other duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any documents, papers and records that are relevant and involve transactions relating to this Agreement. SECTION 17 — COMPLETENESS OF AGREEMENT This document contains all terms and conditions of this Agreement and any alterations or variations of the terms of this Agreement shalt be invalid unless made in writing and signed by the parties. There are other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement at the date and year first above written. Marsta, Panes M A. Taylor, Inc. THE CITY OF MAPLEWOOD By City MaWa-g-ei May 29 07 08:25a Peter and Marsha Panes 6514810365 p,12 This document contains all terms and conditions of this Agreement and any alterations or variations of the terms of this Agreement shall be invalid unless made in writing and signed by the parties. There are other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said Agreement shall be valid. This Agreement between M- A. Taylor and the City of Maplewood shall automatically renew on January I of each subsequent year and shall run through December 31 of each year until terminated under the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement May 5, 2007. THE CITY OF MAPLEWOOD M. A. Taylor, Inc_ by Marsha Panes, President By: Chief of Police By- May 29 07 08:25a Peter and Marsha Panos 6514810365 p,13 EXHIBIT A Consultant will be paid in the amount of Six Thousand Dollars ($6000.00) per y=. For consulting vwith employees other than sworn police officers and fire fighters, consultant Aill be paid $75 per person. Payments in the amount of One Thousand Five Hundred Dollars ($1,500.00) to be made on a quarterly basis. Agenda Item 17 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director/City Engineer Ed Nadeau, Utility Superintendent SUBJECT: Lift Station No. 18 Rehabilitation, City Project 05-29, Resolution Approving Change Order Number 1 DATE: June 1, 2007 On August 14, 2006, the City Council awarded a construction contract to Jay Bros., Inc for the rehabilitation of Lift Station No. 18. A final adjustment to the project contract is required to compensate the contractor for minor changes prior to final payment. Approval of Change Order No. 1 is recommended. Background The Sanitary Sewer Fund appropriated $120,000 to a preventive maintenance program to repair / upgrade our sanitary sewer Lift Station Number 18 in 2006. This station is located near County Road B and TH 36. A minor change order is required in the amount of $3,286.00. The items are detailed in the attached letter from SEH, Inc., the consultant engineers for this project. The items are justified based on the information within the letter. The electrical service to the site failed and is a city responsibility that was added to the contractor's work to provide service. The project budget has adequate funds to cover this expense. No budget adjustment is anticipated. 0 ; [ 6141 LY, I LY, 14 111 1117-1 11 [01 ki It is recommended that the city council adopt the attached resolution to revise the contract with Jay Bros, Inc. by approving Change Order No. 1, in the amount of $3,286.00 for the rehabilitation of Lift Station No. 18, City Project 05-29. Attachment: 1. Resolution Z Letter from SEH 3. Change Order No. 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05-29, CHANGE ORDER No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05-29, Lift Station No. 18 Rehabilitation and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 05-29, Change Order No. 1 as an increase to said contract by an amount of $3,286.00, such that the new contract amount is now and hereby established as $104,020.27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1 as a contract increase in the amount of $3,286.00. The revised contract amount is $104,020.27. 0 May 14, 2007 RECEIVtD RE: Maplewood, Minnesota Lift Station Number 18 Rehabilitation City Project No. 05 -29 SEH No. A -MAPLE 0606.00 City of Maplewood Attn: Mr. R. Charles Ahl, PE Director of Public Works / City Engineer 1830 County Road B East Maplewood, MN 55109 -2702 Dear Mr. Ahl: Please find enclosed Application for Payment No. 3 for the referenced project. The quantities completed to date have been reviewed and we hereby recommend approval for payment in the amount of $3,121.70. As noted on the pay application summary page, Change Order No. 1 has been incorporated for payment at this time. An explanation of the needs and associated costs for this change order is as follows: Item: Reconstruct Wet Well Invert $1,371.00 The existing pump bases were not bolted to the concrete slab but rather were poured into the concrete slab. The existing bases had to be jack hammered out. In order to create a flat mounting surface for the new pump bases, a reinforced concrete slab was constructed in the wet well. Item: Exchange 2" PVC Plug Valve for 2" Brass Gate Valve $60.00 Material cost difference between the 2 valves. Item: Electrical Service Replacement $1,855.00 The existing 3 phase electrical service failed approximately a week after the new pumps were put into service. A new service had to be installed to correct the situation. Please forward payment along with a copy of the signed pay application to Northern Escrow, Inc., 1276 South Robert Street, West St. Paul, MN 55118. Forward a copy of just the signed pay application and change order to Jay Bros., Inc., PO Box 700, Forest Lake, MN 55025, and return one copy to our office. Please don't hesitate to contact me with any questions or comments. Thank you. Sincerely, VethSteven Project Manager nm Enclosures s:\ko \m\tnaple \060600 \consttuction\afp3_co 1_cty.doc Short EIUott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN SS 110 -5196 SEFA is an equal opportunity employer I www.sehinc.corn 1 651.440.2000 1 800.325.2055 1 651.490.2150 fax SEH CHANGE ORDER City of Maplewood OWNER 05 -29 OWNER'S PROJECT NO, Lift Station #18 Rehabilitation 4/30/07 DATE 1 CHANGE ORDER NO. AMAPLE0606.00 PROJECT DESCRIPTION SEH FILE NO. The following changes shall be made to the contract documents: Description: Reconstruct Wet Well Invert- $1,371.00 Exchange 2" PVC Plug Valve for 2" Brass Gate Valve- 60.00 Electrical Service Replacement- 1,855.00 Total- $3,286.00 Purpose of Change Order. To compensate Contractor in full for all labor and equipment furnished to complete the additional work. Basis of Cost: ® Actual ❑ Estimated Contract Status Time Cost Original Contract $98,606.36 Net Change Prior C.O.'s 0 to 0 N/A N/A Change this C.O. O days $3,286.00 Revised Contract $101,8 Recommended for Approval: Short Elliott Hendrickson I nc. by Agreed to by Contractor. BY TITLE Approved for Owner: BY TITLE Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 c: \program files \microsoft office \templates\seh admin \change ordendot Short Elliott Hendrickson Inc., 1701 West Knapp Street, Suite B, Rice Lake, WI 54868 -1350 SEH is an equal opportunity employer I www.sehinc.com 1 715.236.4000 1 715.234.4069 fax 1/04 Agenda Item 18 AGENDA REPORT TO: Greg Copeland, City Manager FROM: R. Charles Ahl, Public Works Director/City Engineer Bryan P. Nagel, Street Superintendent SUBJECT: Purchase of Bituminous Materials DATE: May 30, 2007 Each year the largest impact on the street department's maintenance material fund is spent on bituminous purchases from T.A Schifsky. This is an annual necessity to maintain roads through patching, paving, and curb work. Due to the increasing price of oil, this item is very difficult to estimate and cannot be assured at this time. In May of 2006 the cost per ton was $35.35 compared to the current price of $44.40 per ton. Due to that increase, authorization to purchase up to an additional $15,000.00 of bituminous materials is requested. The streets program budget includes $54,500.00 allocated for maintenance materials. Authorize the Street Superintendent to purchase up to an additional $15,000.00 of bituminous materials. Agenda Item 19 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: June 7.20OY SUBJECT: St. Paul East Parks Lions Temporary Gambling Permit Resolution Introduction An application has been submitted for temporary gambling on behalf of the St. Paul East Parks Lions, 1821 North Myrtle Street. They will b8 conducting bingo 8L the Ramsey County Fair. The event will be held Vn July 11.2UU7 through July 15,2UU7 from 12:U0p.rn.until 11:00p.nl. each day. Funds raised will b8 given tO charitable organizations involved with sight, hearing, diabetes, and leader dogs. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: BEIT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary pn3rniSeS permit for |8vvfU| gornb|iDQ is approved for the St. PoU| East Parks Lions, 1821 North Myrtle Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit 8G governed bv Minnesota Statute 8349.213. 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 K8inD8Soto Statute &349.213. NOW, THEREFORE, b8it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded tn the Gambling Control Division for their approval. Recommendation Approve the above resolution for temporary gambling. Knaak & Kantrud, P.A. ATTORNEYS AT LAW OF COUNSEL: Tom Dailey Don Kohler MEMORANDUM DATE: 6 June 2007 TO: City Manager, Greg Copeland RE: Van Dyke Village TIF and Amendment Agreement t H. Alan Kantrud hakantrud@klaw.us direct- 612-743-4242 114 Qualified Neutral by the Minnesota State Bar Association I have reviewed the above-referenced matter given the lapse in time from when the City originally reviewed the project. The original Van Dyke Village project utilized TIF financing as part of the overall development agreement. One of the subtleties of the project was the ratio of income- limited available units. The original project went through with more restrictive requirements than those required to be eligible for the TIF district. This requirement was an oversight by the developer and were it not for the strict requirements of having such issues addressed by agreement, it might not have been discovered. Unfortunately the Development Agreement must match the requirements of the TIF financing piece with specificity. A draft First Amendment to the original Agreement was apparently drafted and agreed upon but never executed by then Mayor Robert Cardinal. Please see the attached minutes from the Council of 10 October 2005 wherein the resolution to so-act was adopted with all -ayes (moved by Rossbach and seconded by Juenemann). This historical oversight is ministerial in a very basic way. Due to the lapse of time it may be appropriate to bring this issue to Council for another resolution essentially ratifying the action of prior Council, but due to the fact that the City has already acted on this matter and the Developer has substantially performed pursuant to the City's existing grant of authority/approval. I would recommend the attached resolution for Council approval and the Mayor and Clerk execute the First Amendment to the TIF Development Agreement as presented and signed by Mr. Mogren. Rosemary Koch Gerladine Mechelke Teresa Shores Joan Kolasa MaryLou Mechelke Bob Spangler Joseph Kolasa Jackie Meyer Tim Stafki Mona Lou Krekelberg Joan Misgen David Stark Josephine Krominga Katherine Mollers Sandra Stevens Marvella Lackner Betty Mossong Rita Taylor Rita Lally Howard Muraski Lorraine Taylor Charlotte Lampe Gerry Muraski Milo Thompson Anita Larson Thomas Myster Pat Thompson Lorraine Lauren Gloria Nelson Leila Tillman Ann Leo James Nieman Franklin Tolbert Pati Leo Louise Nieters Dale Trippler Claudette Leonard Ann Marie Norberg Celilia Tucker Steve Lincowski Lois Olson Connie Unger Vi Lincowski Sallye Orlando Holly Urbanski Delores Lofgren David Pehl Vilhelmine Vanags Richard Lofgren James Petrie Beulah VanBlaricom Robert Lundgren Karla Radermacher Barabra Vandeveer Shirley Luttrell Charles Rowe Mary Vante Jeri Mahre Elaine Rudeen Connie Wagner Carol Mahre Larry Schaaf Gene Wandersee Rose Marie Manders MaryAnn Schneider Gayle Wasmundt John Manthey Sandy Schoenecker John Willy Delores Marsh Harriet Schroepfer Delores Witschen Thomas Maskrey Brian Shaul 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 14 -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 -14 -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 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "Amendment "), dated as of the _ day of October, 2005, by and between the CITY OF MAPLEWOOD, MINNESOTA (the "City "), a municipal corporation and political subdivision of the State of Minnesota, and VAN DYKE STREET HOMES, LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Developer ") WITNESSES: WHEREAS, the City and 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 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 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; and WHEREAS, the City and the Developer have both duly authorized the Amendment; and NOW, THEREFORE, the Development Agreement is amended as provided herein. I. Section 3.3(1)(A) of the Development Agreement is amended and restated as follows: "(A) At least 75% of the residential units in the Project must be occupied or available for occupancy by persons whose incomes do not exceed 60% of the County median income; and" 2. Except as herein amended, all terms and provisions of the Amended and Restated Development Agreement, as originally executed as of November 17, 2003 shall remain in full force and effect. 1799573v1 IN WITNESS WHEREOF, the City and the Developer have caused this Amendment to be duly executed on the date first written above. VAN DYKE STREET HOMES, LIMITED PARTNERSHIP By: Van Dyke Street Homes, LLC, its General Partner By " /2fivt� m/ Bruce M. Mogren, ifs Chief Man er 1799573v ] S -1 CITY OF MAPLEWOOD, MINNESOTA 3101457vl By: Mayor By: Clerk l 799573v 1 S -2 Agenda Item K1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles /\hi Public Works Director/City Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Desoto-Skillman Area Street Improvements, Project 06-16 1' Approve Resolution for Adoption of Revised Assessment Roll DATE: May 30 INTRODUCTION On May 14,2O{7, the city council received thirty-three (33) assessment objections 8L the Desoto-Skillman Area Street Improvements assessment hearing. Recommendations for action on each oJ the objections are provided for the council to revise or confirm the final assessment roll for the project. Each of the thirty- three assessment objections represents one individual property owner. Doug Jones, owner ofNorthGtar Properties of Minnesota, Inc. represents 8|8v8n (11) individual properties along Clark Street and O8sVio Str88t, bringing the total number Ofproperties r8pn8S8Db3d by these objections to forty-three /43\. The proposed assessments for the Desoto-Skillman Area Street Improvements were submitted LV the city council for adoption at the May 14.200meeting. Residents were provided with the required 14-day advanced notice of the city's intent to levy the assessments, and the residents were required to file a written notice if they objected L0 the assessment amount. Thirtv'hr98(33) property owners representing forty-three (43) properties provided written objection as follows: 1. Jack Silverman, Board Member VfMount Zion Cemetery, 187U Payne Avenue (PIN 172S2243UO51 and 17202243OUO\:Mr. Silverman submitted @ letter OO May 31" requesting the assessment bo Mount Zion Cemetery be waived or reduced based on a financial hardship the assessment presents. 2. Harry and MaryRvman. 004 Kingston Avenue (PIN 17-29-22-43-0026): The Rvmans disagree with the lineal-front-foot computation of their assessment that has been applied to their lot due to the classification of the property 8SG multi-family residence. They request their assessment b9revised t081 -unit assessment. 3. Moises and |n3neoPerez Rodriguez, 1888 Jessie Street, (PIN 17-28-22-34-0113): The R0dhguez'S request a revision to their assessment as it presents a financial hardship. 4. Azure Properties, representing the ROsOtOViUGS. 1001 Desoto Street, (PIN 17-29-22-32-0001): Azure Properties disagrees with the assessment 0f the full lineal front footage 0f the property along Desoto Street. They request that the storm sewer assessment be cancelled since their storm water runoff i3 already being managed oD the property. They also requested that the |ine@|-front-footage on the street assessment be reduced tV that part of the property which iSbVi|t-ouL Agenda Item K1 5. JO38oh T8rDovvSkj.453 R0Se|avvn/\v8nUe /F`|N 17-29-22-23-0081\: Mr. Y8nnOvvaki disagrees with the 2+Jnit assessment that has been applied to his property. He also disagrees with the storm S8vv8r 8SseSSnn8nt, believing that he has already been assessed for 8tVnn sewer when Desoto Street was constructed in1907. Mr. l[onl0vvSki requests C8nC8||8d � OnOfth82 unit assessment and cancellation of the storm sewer assessment. S. Doug Jones, NorUhStar Properties Of Minnesota, Inc representing 4 separate properties along Desoto Street with addresses 199y,1983,20UY and 2U19; and 7 separate properties along Clark Street with addresses 1S85,19H4,1988,2U08.2O11.2O2O and 2O25. 8. Mr. Jones contacted staff engineer Steve Kummer regarding the |ine8|-fro 8 assessment to his properties, citing that the corner lots were being assessed for both the front-footage and the sid8|ot frontage along 8 reconstructed street. Since then, City Staff have revised total assessment to the 11 properties by subtracting the gide|VtfrVnt8Q8 amounts from the corner lots. These amounts were revised prior tO the assessment hearing OD May 14.2007. b. Mr. Jones ob to the partial street reconstruction assessment as he be that the water main replacement is unnecessary and that Clark Street is in good condition and does not need 8 partial reconstruction. H8 requests 8 reduction in his assessment. Y. J8nl8G Fitzgerald, 2141 Desoto Street (PIN 17-29-22-22'0004): Mc Fitzgerald disagrees with the storm sewer assessment believ that h8 has already been assessed for storm sewer when Desoto Street was constructed in 1907. Mr. Fitzgerald requests revision to his total assessment and cancellation of the storm sewer assessment. 8. Tarr Common Area Interest Paula Law 2030 Arkwr Street (PIN 17-29-22-23-0037): Ms. L8vvs|8k and several other owners within the Tarrytown TovvnhVrn8 Association contacted staff engineer Steve Kummer regarding the lineal-front-footage assessment to the town home common property and disagreements in regard to the multi-family residence classification. She also disagreed with including the sidelot frontages of the property along Mt. Vernon and Skillman Au8OU9S. Since then, City Staff have revised the assessment to exclude the sidelot frontages from the assessment computation. The individual assessments tO each of the 2StOvvDh0[n8Swere revised prior 0J the assessment hearing Vn May 14,2O07. 9. Tarrytown Common Area Interest, San8VVab, 2014 Arkwright Street (PIN 17-29-22-23-0028): k83. VV8|z' objection is similar b] Paula L8vvsJ8k'S ob 8S stated in#Yabove. Ms. VV8|zi8 part nf the several townhome owners who contacted City Staff requesting a revision in the assessment. 10. Tarrytown Common Area Interest, Barbara and John Marquette, 2006 ArkwriQht Street (PIN 17-29- 22-23-0025): The k8arquetbaa' objection i3 similar to Paula Lavvis|8k'a object as stated in #7 aU[m8. TheK88rqueUBs are part of several townhome owners who contacted City Staff requesting a revision in the assessment. 11.88n8|ind8 Bauer, 1901 Sloan Street (PIN 18-29-22-41'UO31): Ms. Bauer requests a deferment k} her assessment due tn financial hardship. 12. Kaylyn MCFad8nd, 1731 Edgerton Street (PIN 17-29-22-34-0059): MS. McFarland requests cancellation of the assessment to her property as the street reconstruction pro does not benefit her property and that she has primary access to Edgerton Street. Agenda Item K1 13. 0eu NgoCBUilron. 1696 Jessie Stna8L (PIN 17-29-22-34-0100\: K8S.lron n8qUeStS o deferment or cancellation of her assessment due b] financial hardship. 14. Steven KubGSh Edgerton Street (PIN 17-20-22-43-0O71): Mr. P{UbSSh requests G cancellation of the assessment to his property 8s his property primarily faces Edgerton Street and does not utilize Kingston Avenue aS his primary access to his property. 15. Andy FaU|kner, 471 Rn88|8vvn Avenue (PIN 17-29-22-24-0825): Mr. Faulkner disagrees with the 2 nu unit assessment applied to his lot. He requests a cancellation On of the 2 unit assessment to his property. 18. Miguel Angel So|as Perez, 1697 Jessie Gt. (F/|N 17-20-22-34-0114): Mr. Perez requests a deferment to his assessment as it presents 8fin8noi8| hardship. 17. Daniel B@rrGnCO A|vGPSz, 545 LGrpenteur/\venU8 (PIN 17-29-22-34-0057\: Mr. A|verez spoke to staff engineer Steve P{U[nnl8r prior to the 8SSSSSnlRnt hearing indicating that he requests G deferment to his assessment as it presents 8fin8nci8| hardship. 18. Ann Rinehart, 2140 Desoto Street (PIN 17-28-22-21-0108\: W1a. Rinehart requests 8 cancellation Or revision to the assessment to her property as she believes that she has been already assessed for street and storm sewer with the construction Of Desoto Street iO1SS7. 19. Ming Yang Wang, 2108 Desoto Street (PIN 17'29-22'21-0030): Mr. Wang requests acancellation or revision to the assessment on his property as the street is in good repair and that the assessment will present 8 financial hardship. 2U.AnD8StGCi8 Belladonna, 2144 Bradley Street (PIN 17-29-22-21-011U): Ms. Belladonna disagrees with the assessment and requests more information about the breakdown of the assessment funds. She has also indicated that the assessment will present a financial hardship. A deferment, cancellation or revision of the assessment has been requested. 21. VVoyD8 HnJby. 1720 [JRSOtO Street (PIN 17-29-22-34-0042): Mr. ||rubydis@gn8ea with the 2 nd uOit assessment to his property. v� HR r8qU8StS C8ncS||8ti0n of the 2 unit assessment as there is 8 question as to whether his property can be split into another buildable |[t. 22. Larry Whitcomb, 518 East County Road B (PIN 17-29-22-21-0098\: Mr. VVhitmJnnb requests a revision to the 8sS8ssrn8ni on his property given that the water main under the street i8 not scheduled for rRp|8C8rD8nt. 23. June Wendt, 1989 ArWwright Street (PIN 17-29-22-23-0071): KXS. VV8ndL requests 8 revision or senior citizen deferment to the assessment as it will present financial hardship. 24. Lien Thi D8ng, 2048 Mississippi Street (F^|N 18-29-22-11-0042): Mr. D8ng requests a def8n'8| or cancellation Of the assessment osit will present G financial hardship. 25. Hung Dang. 2058 Mississippi Street (PIN 18-29-22-11-0043\: Mr. [)ang requests a deharn8| or cancellation of the assessment 8Sit will present 8 financial hardship. 20. Phi|on0 [)GDg 2084 Mississippi Street (PIN 18-29-22-11-0045): Mr. [)@Og n8qu9StS o dRf8[[8| Or cancellation Of the assessment osit will present @ financial hardship. Agenda Item K1 27.Khai Van Dono.2OY2Mississippi Street (PIN 18-28-22-11-0O48\: Mr. 08ng requests a deferral or cancellation of the assessment 8s it will present 8 financial hardship. 28. Limn l[hi [)GO0. 2080 Mississippi Street (PIN 18-28-22-11-0047): K8[ []ong requests 8 deferral or cancellation of the assessment 8sit will present 8 financial hardship. 29.P{hai Van Dang.2088 Mississippi Street (PIN 18-28-22-11-OU48): Mr. 08n8 requests o deferral or cancellation of the assessment 8sit will present 8 financial hardship. 30. Steven 0@n0, 2008 Mississippi Street (PIN 18-29-22-11-0050): K8[ Dong requests 8 deferral or cancellation of the assessment 8sit will present 8 financial hardship. 31. An Nguyen 2104 Mississippi Street (PIN 18-29-22-11-0051\: K8S. Nguyen requests 8 deferral Or cancellation of the assessment 8git will present 8 financial hardship. 32.TOuo}{i0Dg.2112 Mississippi Street (PIN 18-29-22-11-0053): Ms. )(iOng requests @ deferral 0r cancellation of the assessment 8sit will present 8 financial hardship. 33. Kim Nguyen, 2120 Mississippi Street (PIN 18-29-22-11-0054): Ms. Nguyen requests a deferral or cancellation of the assessment 8sit will present 8 financial hardship. The last 10 objections represent the property owners of the apartment buildings along Mississippi Street south of County Road B and north Vf Skillman Avenue. A petition, dated May 5 m .20U7.b]exclude Mississippi Street from the scope of work for the Desoto-Skillman Area Street Improvements was received by city staff and presented before the council on May 14,2UUy. Also attached i8a petition from these same individuals requesting that the City install park equipment at this location. All property owners requesting deferments or senior citizen deferments have been mailed an application packet. Jack Silverman from Mount Zion Cemetery contacted Erin L3beree On May 30 regarding the proposed assessment b] their two properties at1670 Payne Avenue. Jack Silv9nn8n's letter to the council iS attached. This objection was not originally included in the objections heard by the council on Mayl4th as the objection came inOn May 31 m . Mr. Silverman explains that the current assessment 0f$108.31720 would create 8 financial hardship for the owners 0fthe c8nn8LRry. The cemetery was originally assessed based 0n the commercial rate per linear foot offrontage. Based on the limited amount of traffic the cemetery generates, it does not seem justifiable that the cemetery would receive a benefit of $108,317.20 for the road work that iS occurring. Staff iS recommending the storm sewer assessment /$15.300.8O\b8 waived as the property is very flat and generates little runoff into the street. It is also recommended that 8 credit be given t0 the cemetery 83 the property generates little traffic. A5096 credit would revise the street assessment from $92 $48,475.2O.&75% credit would revise the street assessment L0 $23 Staff recommends that 75% traffic credit be given to the two properties. Agenda Item K1 Several residents from Desoto Street between Roselawn Avenue and County Rd B expressed disagreement with the storm sewer assessment to their property, citing a 1967 street project 8|VngC)8SVto Street that included the installation of a storm sewer system. An example of the assessment notice and assessment record iSattached. Residents who are objecting tO this assessment have sent along the original 8GGeGSrn8nL notice for the project stating that the assessment was for the "construction of sLne8is. St0rrn sevv8r, water main and sanitary G8vvHr. There are 10 properties within the project area that were included in the street assessment in 1967 for work on Desoto. These properties include 0 Desoto (PIN 172822220003), 1834, 1945, 2024, 2050, 2125, 2132, 2140. 2141 [)8sok}. and 453 RVG8|8vvn. Only the residents 8t453Rose|8vvn and 2141 Desoto objected k} the storm sewer assessment. After some additional research by City Staff, it was found that the street project inc|UdedGtornnG8vvHr, water main and sanitary improvements but only street assessments were levied tothe properties. As per City policy, the storm sewer assessment (currently $820) is levied only once against a property and is a separate assessment. However, assessments for street work are levied every time a street iSimproved. City staff has concluded that the assessments for the Desoto Street work in 1967 are for street assessments only, that the storm sewer assessment was not levied against these properties and that is it appropriate Lo assess these properties for storm sewer under the Desoto Skillman Street Improvement Recommended Adjustments The following action is recommended on each objection request: Jack Silverman, Board Member of Mount Zion Cemetery, 1670 Payne Avenue (PIN 172922430051 and 17292243008): Grant the request to reduce the assessment from $92.950.40. |tiS recommended 10 waive the $15,380.8O storm sewer and apply a traffic credit tV the property 8S little traffic generated. A50% credit would revise the Stn88t assessment from $02,05040 to $48 credit would revise the street assessment to $23,237.00. Staff recommends that a75% traffic credit be applied and revise the assessment t0$23 2. Harry and Mary Ryman,604 Kingston Avenue (PIN 17-29-22-43-0026): Grant the request to naviS8 the |iD8o|-frODtf0Ot assessment to their property to o 1-unit assessment from G nlU|ti family @sSRsSnlGnt. The current assessment amounts tO the property are $7.93S.00 for street and $1.312 for storm sewer totaling $9 The revised assessment amounts will b8$4,060.00 for street and $820 for storm sewer totaling $5780.00. 3. Moises and Urmmem Perez Rodriguez, 1699 Jessie Street, (PIN 17-29-22-34-0113N: Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 4. Azure Properties, representing the Rosoto Villas, 1901 Desoto Street, (PUN 17-29-22'32-0001): Grant the revision to the street assessment. The |ineo|-front-fnnLoge assessment will bn based on the frontage 8|VnQ O9sVtV Street from 8 site retaining vva|| to the corner of Ros8|avvn Avenue and Desoto Street. Hence, the assessable |iOeG|-fnJnt-f0Ot@ge will bR revised from 473 lineal feet tO21O lineal feet for the street assessment. Deny the cancellation 0f the storm assessment. The existing ponding area composes a portion of the green-space percentage of the property and is needed to meet density requirements. The storm assessment will remain 8t the full length Of4Y3 lineal feet. The current assessment amounts tO the property are $40.021.8O for street and $7.75Y.28 for storm sewer totaling $54,878.80. The revised assessment tO the property will be$2L\832.00 for street and $7,757.20 for storm sewer totaling $2@L589.20. Agenda Item K1 5. Joseph Tarnowski, 453 Roselawn Avenue (PIN 17- 29- 22- 23- 0061): Grant deferral of second unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. Deny the request to cancel the storm sewer assessment as storm sewer construction was incidental to the Desoto Street construction in 1967. 6. Doug Jones, NorthStar Properties of Minnesota, Inc representing 4 separate properties along Desoto Street with addresses 1997, 1993, 2007 and 2019; and 7 separate properties along Clark Street with addresses 1985, 1994, 1999, 2008, 2011, 2020 and 2025: Deny revision of assessment as the property owner is being assessed for partial street reconstruction and Clark Street is undergoing a full street reconstruction due to deep utility repairs. 7. James Fitzgerald, 2141 Desoto Street (PIN 17- 29- 22- 22- 0004): Deny the request to cancel the storm sewer assessment as the storm sewer construction was incidental to the Desoto Street construction in 1967. 8. Tarrytown Common Area Interest, Paula Lawislak, 2030 Arkwright Street (PIN 17- 29- 22 -23- 0037): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 9. Tarrytown Common Area Interest, Sara Walz, 2014 Arkwright Street (PIN 17- 29- 22- 23- 0029): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 10. Tarrytown Common Area Interest, Barbara and John Marquette, 2006 Arkwright Street (PIN 17- 29- 22- 23- 0025): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 11. Saralinda Bauer, 1901 Sloan Street (PIN 18- 29- 22- 41- 0031): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 12. Kaylyn McFarland, 1731 Edgerton Street (PIN 17- 29- 22- 34- 0059): Grant cancellation of assessments as benefit to property will be recognized with a future reconstruction of Edgerton Street. Current total assessments are $5,780.00 This will be revised to $0.00. 13. Hieu Ngoc Bui Tran, 1696 Jessie Street (PIN 17- 29- 22- 34- 0106): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 14. Steven Kubesh, 1726 Edgerton Street (PIN 17- 29- 22 -43- 0071): Grant cancellation of assessments as benefit to property will be recognized with a future reconstruction of Edgerton Street. Current total assessments are $5,780.00. This will be revised to $0.00. 15. Andy Faulkner, 471 Roselawn Avenue (PIN 17- 29- 22- 24- 0025): Grant revision to assessment and cancel all assessments to the property as primary access to the property is from Roselawn Avenue and benefit to the property will be realized with a future reconstruction of Roselawn Avenue. Current total assessment is $9,040.00. This will be revised to $0.00. 16. Miguel Angel Salas Perez, 1697 Jessie St. (PIN 17- 29- 22- 34- 0114): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Agenda Item K1 17. Daniel Barmammo Alvarez, 545 Larpenteur Avenue (PIN 17-29-22-34-0057): Grant fiononoia| hardship deferment, sub to the receipt of the necessary documents to be approved by the city engineer. 18. Ann Rinehart, 2140 Desoto Street (PIN 17-29-22-21-0106): Deny the request tO cancel the storm sewer assessment as the storm sewer construction was incidental to the Desoto Street construction in 1967. 19. Ming Yang Wang, 210GDesoto Street (PIN 17-29-22-21-0036W: Grant financial hardship deferment, sub to the receipt of the necessary documents to be approved by the city engineer. Deny request tO cancel assessment, os benefit hJ property isrealized. 20. Ammastaoia Belladonna, 2144Bradley Street (PIN 17-29-22-21-0110\: Grant financial hardship deferment, sub to the receipt of the necessary documents to be approved by the city engineer. City staff have been in contact with Ms. Belladonna regarding her requests for information about the assessments. � 21. H�by 17�0�u��N 17��Q�): De��que��r�n�UaLion�2 unit assessment t0property. Community Development and Public Works agree that biS possible tO split the lot. The correspondence with Mr. Hruby regarding the research done is attached to this resolution. Grant deferment of second unit assessment, without interest, until such time property is developed, subject tOG signed agreement by the property owner. |f the property iS not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be C@noe||8d. 22. Larry Whitcomb, 518 East County Road B (PIN 17-29-22-21 : D revision to assessment as the property was assessed for partial reconstruction, but a full reconstruction is scheduled for the street. 23. June Wendt, 1989 Arkwright Street (PIN 1T-29-22-23-0071): Grant senior citizen deferment, sub to the receipt of the necessary documents to be approved by the city engineer. Deny revision to assessment, as benefit is received to property for the street improvement. Mississ Street Assessments Ten (10)[f the thirty-three (33) mentioned objections are from the property owners [f the ten apartment buildings along Mississippi Street from County Road B to Skillman Avenue. City staff has received a petition from 10096 Vf the ten property owners along Mississippi Street requesting cancellation of this portion of the street work. The property owners state that O8snio Street is in fair condition and improvements are not necessary. They also state that the assessments present a financial hardship. The petition has been attached for reference. The pavement condition index of Miss Street is42. Soil borings were taken in the area and poor soils were identified under Mississippi Street. Portions of the curb along Miss are also in need of replacement. These conditions warrant a full replacement of the roadway. It is not recommended to eliminate Mississippi Street from the project bUtradhSrrRviseth8oSSSSSnnentStothepnJp9dvOvvnenSifthS council d8ennS necessary. The 10 apartment buildings are being 8SS8SS8d $8.298.72 each for 8 k}LG| of $82 Staff's recommendation is to deny cancellation of the assessment and to offer a financial hardship deferral to the property 0vvn8ra. The staff attempted to investigate 8 oOnopronoiSe solution with these owners. The staff proposed to used some cost savings within this project (appn}xinnate|y$35.OUO) tO install park equipment within the vacant city parcel; in exchange, the property owners would agree to the assessments 8s their contribution LV the area improvements. Agenda Item K1 The staff compromise offer was rejected bv the group's spokesman, Mr. Steve O8n0. They would like their assessments cancelled, do not wish to contribute to any funding toward the park improvements, and request that the Council consider either proceeding with the roadway improvements without their contributions or canceling the improvements. They also request that the City fund the park improvements. Staff does not support removing the Mississippi Street from the program. The pavement condition iS@42. which rates 8full reconstruction, even though the assessment is 8i8 partial n8L8 due t0 the ability k} SG|v8Qe some of the curb and street sections. A delay in this street would add additional costs in the fULVr8 when the street is reconstructed, as there are no other area streets to ino|ude, so typically contractors will add 818-15% markup for mobilization expenses tV improve 8 single roadway segment. Staff feels comfortable with the assessment and recommends that the objections b8 denied; but that use Ofproject savings be explored for possible park improvements, which would further sustain any objections to the aoeooernenLn. The recommendations for the Mississippi Street objections are as follows: 24. Lien Thi Dang, 2048 Mississippi Street (PIN 18-29-22-11-0042): Deny cancellation Of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 25. Hung Dmmg,2056Mississippi Street (PIN 18-29-22-11-g043): Deny cancellation ofassessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 28. Phiyomg Dang.2064Mississippi Street (PIN 18'29-22-11-0045): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review Vf the necessary paperwork. 27.Khmi Van Dang.2072Mississippi Street (PIN 18-29-22-11-0046): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 28. Lien Thi Dang, 2080 Mississippi Street (PIN 18-29-22-11-0047): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 29. Khmi Van Dong,2088Mississippi Street (PIN 18'29-22-11-0049): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review Of the necessary paperwork. 30. Steven Dmng,2096Mississippi Street (PIN 18-29-22-11-0050): Deny cancellation o[assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review Vf the necessary paperwork. 31. Am Nguyen 2104Mississippi Street (PIN 18-29-22-11-0O51): Deny cancellation ofassessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 32.TmwmXimng Street (PIN 18-29-22-11-0053\: Deny cancellation ofassessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. Agenda Item K1 33. Kim Nguyen, 2120 Mississippi Street (PIN 18-29-22-11-0054): Deny cancellation ofassessment as benefit iS received and offer a financial hardship deferral option which would be granted upon receipt and review Vf the necessary paperwork. BUDGETIMPACT The total amount Of the assessments approved bv the City Council 8t the May 14.2O07Assessment Hearing total $1.771 Several assessments are recommended tobR revised Or cancelled GS summarized below: Owner Address Previous Proposed Mount Zion Hebrew Cnng. 187U Payne Avenue $107.508.00 $23.237.80 Harry and Mary Rvm8n 004 Kingston Avenue $9.248.00 $5 Azure Properties 1901 Desoto Street $54.078.80 $28,589.20 K8y|ynK4CF8r|Gnd 1731 Edgerton Street $5,780.00 $0.00 StevenKub83h 1728 Edgerton Street $5 $0.00 Andy Faulkner 471 RoSe|avxnAvenV8 $9.040.00 $0.00 TOt8|S $102.034.80 $57,606'80 The project budget amount for assessments will bereduced by $134,428.00 to $1,037,387.40 if the staff recommendations are adopted by the Council. Should the deletion 0fMississippi Street assessments b8 approved, Ul9t0to|@sSRSSnlent@nlouOtwiUb8 reduced bv$82,987.2ObJ$/,55440000 Should the council proceed with the cancellation of storm sewer assessments along Desoto Street north of RVS8|8vvn the total assessment amount will be reduced Uy$16,S57.8OtO$t537'442.60. The project budg8tvvOU|dnOtbR8ff8CtGdby@r8dUCtiODiD8SS9SSnnRntSSiDC8th8cODStnJCtiODC0Otr@Ct came in nearly $1 million dollars under the engineer's estimate. Staff recommends that the city council approve the attached Resolution for the Adoption of the Revised Assessment Roll for the Desoto-Skillman Area Street Improvements, Project 06-16. Attachments: 1. Resolution: Adoption nr the Assessment Roll 2. Assessment mm a. Location Map 4, Assessment objections (33) o. Copy of 190r Assessment Paperwork 6. Mississippi Street Park Petition (5 pages) ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to8 resolution adopted bvthe City Council OD May 14,2006 the assessment nJU for the Desoto-Skillman Area Street |rnpr0vRrnRnLG. City Project 06-16, was presented in 8 Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, thirty-two (32) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 428, summarized aSfollows: Jack Silverman, Board Member of Mount Zion Cemetery, 1670 Payne Avenue (PIN 172922430051 and 17292243008): Mr. Silverman submitted a letter on May 31' requesting the assessment to Mount Zion Cemetery be waived or reduced based on a financial hardship the assessment 2. Harry and Mary RvmoD, 004 Kingston Avenue (PIN 17-29-22-43-0026): The RvmmDa disagree with the |in88|-front-foot computation 0f their assessment that has been applied k} their lot due tothe classification 0f the property aSa multi-family residence. They request their assessment berevised t0o1 -unit assessment. 3. Moises and |naDSOPerez Rodriguez, 10Q0 Jessie Street, (PIN 1 113): Th8ROdhguSz'S request a revision to their assessment as it presents a financial hardship. 4. Azure Properties, representing the Rosoto Villas, 1801 Desoto Street, (PIN 17-2Q-22-32-O0U1): Azure Properties disagrees with the assessment Vf the full lineal front footage Of the property along Desoto Street. They request that the storm sewer assessment be cancelled since their storm water runoff iS already being managed On the property. They also requested that the |in8o|-frOOtfOOt8ge on the street assessment be reduced to that part of the property which is built-out. 5. JO38oh TarDovvSkj.453 ROSe|avvn/\v8nU8 (PIN 17-29-22-23-0081): Mr. Y8nnOvvSki disagrees with the 2+Jnit assessment that has been applied to his property. He also disagrees with the storm sewer oSSSSSnnent believing that he has G|[8Gdy been osSRSS9d for storm sewer when [)SSOho Street was constructed in1007. Mr. l[onl0vvSki requests cancellation Of the 2''" unit assessment and cancellation of the storm sewer assessment. 8. Doug Jones, NorUhStar Properties Of Minnesota, Inc representing 4aeoanabapropertia38|0ng Desoto Street with addresses 198y,1883,20UY and 2U18; and 7 separate properties along Clark Street with addresses 1S85 1884 18SS.2OO8.2011.2020 and 2025. 8. Mr. Jones contacted staff engineer Steve Kummer regarding the |i 9 assessment to his properties, citing that the corner lots were being assessed for both the front-footage and the 8id8|ot frontage along 8 reconstructed street. Since then, City Staff have revised total assessment to the 11 properties by subtracting the side|VtfrVnt8Q8 amounts from the corner lots. These amounts were revised prior tO the assessment hearing on May 14 b. Mr. Jones objects to the partial street reconstruction assessment as he believes that the water main replacement is unnecessary and that Clark Street is in good condition and does not need G partial reconstruction. He requests 8 reduction iD his assessment. Y. J8nl8G Fitzgerald, 2141 Desoto Street (PIN 17-29-22-22'0004): Mc Fitzgerald disagrees with the storm sewer assessment believing that he has already been assessed for storm sewer when D8SOtV Street was constructed in 1907. Mr. Fitzgerald requests revision to his k}La| 8Gs8SSnnent and cancellation of the storm sewer assessment. M. Tarrytown COnlrnVn Area Interest, PGU|8 L8vvs|8k 2030 Arkwright Street (PIN 17-29-22-23-0037): Ms. L8vvs|8k and several other owners within the Tarrytown Tovvnh0rn8 Association contacted staff engineer Steve Kummer regarding the lineal-front-footage assessment to the town home common property and disagreements in regard to the multi-family residence classification. She also disagreed with including the sidelot frontages of the property along Mt. Vernon and Skillman Au8OU9S. Since then, City Staff have revised the assessment to exclude the sidelot frontages from the assessment computation. The individual assessments b] each of the 20tovvnh0nnHswere revised prior to the assessment hearing on May 14, 2007. 0. Tarrytown Common Area Interest, 8ar8VVaIz, 2014 Arkwright Street (PIN 17-29-22-23-0029): MS. VVo|z' objection iS similar to Paula LGvv3|@k'S objection GS stated iO#7above. Ms. VVGziS part Of the several townhome owners who contacted City Staff requesting a revision in the assessment. 10. Tarrytown COnnnnOn Area Interest, Barbara and John Marquette, 2O00Arkvvhght Street (PIN 17-28- 22-23-0025): The Marquettes' objection is similar to Paula Lawislak's objection as stated in #7 above. TheK88rqueUBs are part of several townhome owners who contacted City Staff requesting a revision in the assessment. 11. S8n8|ind8 Bauer, 1001 Sloan Street (PIN 18-29-22-41'UO31): Ms. Bauer requests a deferment k] her assessment due tn financial hardship. 12. K8y|yn MCFadand, 1731 Edgerton Street (PIN 17-20-22-34-0059): MS. McFarland requests cancellation of the assessment to her property as the street reconstruction project dO8SnOtbenRfit her property and that she has primary access L0 Edgerton Street. 13.||i8uNgoCBUilron.1GQ0Jessie Street (PIN 17-28-22-34-0108): Ms. lnan requests a deferment or cancellation of her assessment due to financial hardship. 14. Steven Kub8Sh Edgerton Street (PIN 17-20-22-43-OO71\: Mr. P{UbSSh requests G cancellation of the assessment to his property as his property primarily faces Edgerton Street and does not utilize Kingston Avenue os his primary access tO his property. 15. Andy FaU|kner, 471 Rn8e|8vvn Avenue (PIN 17-28-22-24-0825\: Mr. Faulkner disagrees with the nu nu 2 unit 8SS8Sa[nSOtapplied tO his lot. H8 requests 8 cancellation Of the 2 unit assessment tOhis property. 18. Miguel Angel So|as Perez, 1687 Jessie St. (PIN 17-20-22-34-0114): Mr. Perez requests a deferment to his assessment as it presents 8 financial hardship. 17. [)8niS| BGrr@nC0 A|v@n8z, 545 LGrpenteur/\v8nU8 (PIN 17-29-22-34-0057\: k8[ A|verez spoke to staff engineer Steve KUnnrnHr prior to the 8SS8SSnn8nL hH8hn0 indicating that he requests G deferment to his assessment as it presents ofinonCi8| hardship. 18. Ann Rinehart, 2140 O8SOtV Street (PIN 17-20-22-21-0108): K8S. Rinehart requests 8 cancellation or revision to the assessment to her pn]p8dv GS She believes that She has been already assessed for street and storm sewer with the construction 0f Desoto Street iD1SS7. 1S. Ming Yang Wang, 21O8 Desoto Street (PIN 17-28-22-21-0O38\: Mr. Wang requests ocancellation or revision to the asS9Ssnnerd On his property as the Stn88L is in QoVU repair and that the assessment will present 8 financial hardship. 20.Ann8GL8c|8 Belladonna, 2144 Bradley Street (PIN 17-28-22'21-0110): Ms. Belladonna disagrees with the assessment and requests more information about the breakdown of the assessment funds. She has also indicated that the assessment will present a financial hardship. A deferment, cancellation or revision of the assessment has been requested. 21. Wayne HnJby.172O Desoto Street (PIN 17-29-22-34-OO42): Mr. ||ruby disagrees with the 2 nd uOit assessment to his property. H8 requests canc8||8U nu cancellation unit assessment 8s there iS8 question as h0 whether his property can be split into another buildable lot. 22. Larry VVhitQVnnb, 518 East County Road B (PIN 17-29-22-21-0090): Mr. Whitcomb requests a revision to the GSS8Ss[neDt On his property given that the vv8b3r main under the street is not scheduled for rRp|8C8rD8nt. 23. June VVeDdt, 1989 Arkvvright Gb'8et (PIN 17-29-22-23-0071\: K8a. Wendt requests a revision or senior citizen deferment to the assessment as it will present financial hardship. 24. Lien Thi DGO0, 2048 Mississippi Street (PIN 18-28-22-11-0042): K8[ []ong requests 8 d8fmrn]| or cancellation of the assessment 8sd will present 8 financial hardship. 25. Hung Dong.2O58 Mississippi Street (PIN 18-28-22-11-0U43\: Mr. [)ang requests a deferral nr cancellation of the assessment 8sit will present 8 financial hardship. 20. Phi|on0[)GDg Mississippi Street (PIN 1O-29-22-11-0O45): Mr. [)GOg requests o deferral Or cancellation of the assessment 8sit will present 8 financial hardship. 27. Khoi Van Dong, 2072 Mississippi Street (F`|N 18-28-22-11-0048): Mr. 08ng requests 8 deferral or cancellation of the assessment 8git will present 8 financial hardship. 28. Lien l[hi [)Gn0. 2080 Mississippi Street (PIN 18-28-22-11-0047): K8[ []ong requests 8 deferral or cancellation of the assessment 8sit will present 8 financial hardship. 29. P{hai Van Dang, 2088 Mississippi Street (PIN 18-29-22-11-0048): Mr. 08n8 requests o deferral or cancellation of the assessment 8sit will present 8 financial hardship. 30. Steven O8n0, 2098 Mississippi Street (PIN 18-29`22-11'0050): Mr. [)8ng requests 8 d8f8rn8| or cancellation of the assessment 8sit will present 8 financial hardship. 31. An Nguyen 2104 Mississippi Street (PIN 18-29-22-11-0051\: K48. Nguyen requests 8 deferral or cancellation of the assessment 8sit will present 8 financial hardship. 32.ToV8){i0ng,2112 Mississippi Street (PIN 18-2S-22'11-OU53): Ms. )(ion0 requests 8 deferral or cancellation nf the assessment 8sit will present a financial hardship. 33. Kim Nguyen, 2120 Mississippi Street (PIN 18-2S-22-11-0O54\: Ms. Nguyen requests 8 deferral or cancellation Of the assessment 8ait will present G financial hardship. A. That the City Engineer and City Clerk are hereby instructed tomake the following adjustments to the assessment roll for the Desoto-Skillman Area Street Improvement, Project 06-16: Jack Silverman, Board Member mfMount Zion Cemetery, 1670 Payne Avenue (PUN 172922430051 and 17292243008): Grant the request tn reduce the assessment from $92.950.40. It is recommended to waive the $15,366.80 storm sewer and apply a traffic credit to the property as little traffic generated. A5896 credit would revise the street assessment from $02.05040tV $48,475.20.A7596 credit would revise the street assessment to$23 Staff recommends that @75% traffic credit b9 applied and revise the assessment tO$23.237.8O. 2. Harry and Mary Ryman,604 Kingston Avenue (PIN 17-29-22-43-0026): Grant the request to revise the lineal-front-foot assessment to their property to o 1-unit assessment from a multi family asS8sSnn8nL The current assessment amounts b] the property are $7.83U.8U for street and $1,312 for storm sewer totaling $9.248.0O. The revised assessment amounts will b8$4,Q60.00 for street and $820 for storm sewer totaling $5,78000. 3. Moises and Unemeo Perez Rodriguez, 1699 Jessie Street, (PIN 17-29'22-34-0113U: Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 4. Azure Properties, representing the RosotmViUUmm, 1901 Desoto Street, (PIN 17-29-32-32-0001): Grant the revision to the street assessment. The |inea|-front400tage assessment will be based on the frontage along Desoto Street from 8 site retaining wall to the corner OfROSe|8vvn Avenue and Desoto Street. Hence, the assessable |in88|-frOnt-h}otag9 will b8 revised from 473 lineal feet to21O lineal feet for the street assessment. Deny the cancellation Of the storm assessment. The existing p0OdiDg area composes 8 portion Of the green-space percentage 0f the property and is needed tO meet density requirements. The storm assessment will remain 8t the full length Vf473 lineal feet. The current assessment amounts tO the property are $4G.921.8O for street and $7.757.2O for storm sewer totaling $54.078.8O. The revised assessment to the property will be$2(\832.00 for street and $7,757.20 for storm sewer totaling $28,580'20. 5. Joseph Tmrmmvvmki,453 RoseUmvvmAvenme (PUN 17-29-22-23-0061): Grant deferral nfsecond unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. |f the property ia not developed within 15 years from the date Of the assessment hearing, the deferred assessment shall bacancelled. Deny the request tocancel the storm sewer assessment as storm sewer construction was incidental to the Desoto Street construction in 1087. 8. Doug Jones, NorthSKar Properties mf Minnesota, Inc representing 4 separate properties along Desoto Street with addresses 189Y and 2O19; and 7 separate properties along Clark Street with addresses 1S85,1984,1988,2UO8.2O11.2O2O and 2825: Deny revision Of assessment as the property owner is being assessed for partial street reconstruction and Clark Street is undergoing ofu|| street reconstruction due tOdeep utility repairs. 7. James Fitzgerald, 2141 Desoto Street (PIN 17- 29- 22- 22- 0004): Deny the request to cancel the storm sewer assessment as the storm sewer construction was incidental to the Desoto Street construction in 1967. 8. Tarrytown Common Area Interest, Paula Lawislak, 2030 Arkwright Street (PIN 17- 29- 22 -23- 0037): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 9. Tarrytown Common Area Interest, Sara Walz, 2014 Arkwright Street (PIN 17- 29- 22- 23- 0029): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 10. Tarrytown Common Area Interest, Barbara and John Marquette, 2006 Arkwright Street (PIN 17- 29- 22- 23- 0025): Deny the request to revise the assessments as revisions to the Tarrytown townhome assessments have already been made and no further objection has been raised. 11. Saralinda Bauer, 1901 Sloan Street (PIN 18- 29- 22 -41- 0031): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 12. Kaylyn McFarland, 1731 Edgerton Street (PIN 17- 29- 22- 34- 0059): Grant cancellation of assessments as benefit to property will be recognized with a future reconstruction of Edgerton Street. Current total assessments are $5,780.00 This will be revised to $0.00. 13. Hieu Ngoc Bui Tran, 1696 Jessie Street (PIN 17- 29- 22- 34- 0106): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 14. Steven Kubesh, 1726 Edgerton Street (PIN 17- 29 -22 -43- 0071): Grant cancellation of assessments as benefit to property will be recognized with a future reconstruction of Edgerton Street. Current total assessments are $5,780.00. This will be revised to $0.00. 15. Andy Faulkner, 471 Roselawn Avenue (PIN 17- 29- 22- 24- 0025): Grant revision to assessment and cancel all assessments to the property as primary access to the property is from Roselawn Avenue and benefit to the property will be realized with a future reconstruction of Roselawn Avenue. Current total assessment is $9,040.00. This will be revised to $0.00. 16. Miguel Angel Salas Perez, 1697 Jessie St. (PIN 17- 29- 22- 34- 0114): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 17. Daniel Barranco Alvarez, 545 Larpenteur Avenue (PIN 17- 29- 22- 34- 0057): Grant fianancial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. 18. Ann Rinehart, 2140 Desoto Street (PIN 17- 29- 22 -21- 0106): Deny the request to cancel the storm sewer assessment as the storm sewer construction was incidental to the Desoto Street construction in 1967. 19. Ming Yang Wang, 2106 Desoto Street (PIN 17- 29- 22- 21- 0036): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Deny request to cancel assessment, as benefit to property is realized. 20. Annastacia Belladonna, 2144 Bradley Street (PIN 17- 29- 22 -21- 0110): Grant financial hardship deferment, subject to the receipt of the necessary documents to be approved by the city engineer. City staff have been in contact with Ms. Belladonna regarding her requests for information about the assessments. 21. Wayne Hruby, 1720 Desoto Street (PIN 17-29-22-34-0042): Deny request for cancellation of 2nd unit assessment to property. Community Development and Public Works agree that it is possible to split the lot. The correspondence with Mr. Hruby regarding the research done is attached to this resolution. Grant deferment of second unit assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. If the property is not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. 22. Larry Whitcomb, 518 East County Road B (PIN 17-29-22-21-0099): Deny revision to assessment as the property was assessed for partial reconstruction, but a full reconstruction is scheduled for the street. 23. June Wendt, 1989 Arkwright Street (PIN 17-29-22-23-0071): Grant senior citizen deferment, subject to the receipt of the necessary documents to be approved by the city engineer. Deny revision to assessment, as benefit is received to property for the street improvement. 24. Lien Thi Dang, 2048 Mississippi Street (PIN 18-29-22-11-0042): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 25. Hung Dang, 2056 Mississippi Street (PIN 18-29-22-11-0043): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 26. Philong Dang, 2064 Mississippi Street (PIN 18-29-22-11-0045): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 27. Khai Van Dang, 2072 Mississippi Street (PIN 18-29-22-11-0046): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 28. Lien Thi Dang, 2080 Mississippi Street (PIN 18-29-22-11-0047): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 29. Khai Van Dang, 2088 Mississippi Street (PIN 18-29-22-11-0049): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 30. Steven Dang, 2096 Mississippi Street (PIN 18-29-22-11-0050): Deny cancellation of assessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 31. Am Nguyen 2104 Mississippi Street(PIN 18-29-22-11-0051): Deny cancellation ofassessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 32. Toua Xiomg.2112Mississippi Street (PIN 18-29-22-11-0053): Deny cancellation ofassessment as benefit is received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. 33. Kim Nguyen, 212WMississippi Street (PIN 18-29-22'11+W0G4): Deny cancellation ofassessment as benefit iS received and offer a financial hardship deferral option which would be granted upon receipt and review of the necessary paperwork. B. The @3sesSnn8Dt nd| for the Desoto-Skillman Area Street Improvements, as omended, is hereby 8cC8Dt8d.a copy Of which iS attached hereto and made 8 part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest 8t the rate Vf0.0 percent per annum for the date Vfthe adoption Uf this assessment resolution. To the first installment shall b8 added interest OD the entire assessment from the date Of this resolution until December 31,2007. TV each subsequent installment when due shall b8 added interest for one year 0nall unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment tV the county auditor, but no later than October 1.2O07, pay the whole of the assessment Vn such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, 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 b8 made before October 15 or interest will Ue charged through December 31of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1,2OU7, but n0 later than November 15 m , 2007, 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 8s other municipal taxes. 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ELD RIDGE ]EL D M e h , r1ine Cn u� Cf) �7 0 C < BELMONT 0 - LN. F _� X/ Lake _J cn SKILLMAN AVE. SKILL 'n AV E. BEL CIO Cf) U AVE. F O < c) y >- Z- LLJ 0 < ry ry M C/-) GATEWAY M SUMMER :D < MT VERNON M n AVE AVE. w Cn LLJ L'J RIPLEY Cn _J < 0 0 0 1 TOENJES _� Roselawn Edgerton Park >_ LJ_J n, < Ca n Western 7 - PL. < M ry RIP LEY < PL ZV- Park AVE. bi ry 0 Z � : ;7 III 7; - Li V Lu A 0 AVE BELLWOd AV E. BEL LVVUUU I Cn I— A 0 C/-) GATEWAY M SUMMER E. SUMMER LN. LJ_J ry CT. Lj J RIPLEY Cn 4,v SU MER D — u CD z Western 7 - PL. < M ry RIP LEY > K I N GSTO N < AVE. Hills 0 bi 35E � _ l NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Cn I Cn I— A >_ III C/-) GATEWAY Cn Cf) J RIPLEY AVE. 4,v Cn '5 CD z n < ry M Cn > K I N GSTO N < AVE. bi ry 0 Z � : ;7 III 7; - Li V Lu PRICE z AVE. n n H P < w AVE n 35E � _ l NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 05/31/2007 14:47 i c RABBIS Adam Stock Spilker Esther J. Abler CANTOR Rachel Stock Spilker EXECUTIVE DIRECTOR Jane Steinman DIRECTOR OF EDUCATION Stephanie S, FInR, RJE DIRECTOR OF TEEN AND YOUNG ADULT ACTIVITIES Amy Gavel PRESIDENT Joseph A. Konstan PRESIDENT-ELECT Jean King Appelbaum Illy 'IrT plip, MOUNT ZION TEMPLE 1300 Summit Avenue Saint Paul, MN 55105 TEL 651.698,3991 FAx 651,699,1263 mountzion@mzton.org www.rnzion,org 8516981263 MTZILINTEWLE PAGE 82 May 31, 2007 Ms Erin Laberee Asst, City Engineer City of Maplewood Maplewood, MN 55109 Re: Mount Zion Cemetery Hear Ms Laberee, Thank you for your time on the phone to discuss with me the pending City Project #06 -16 DESOTO SKILLMAN AREA STREET RUROVEMENTS assessment of Mount Zion Cemetery located along Lwpentcur .Avenue in Maplewood, MN. The ID #'s are 172922430051. & 17922430008, The total assessments levied are $107,508. We are writing through you to the Council of Maplewood to seek relief from these assessments. Mount Zion Cemetery is owned and operated by Mount Zion Hebrew Congregation, 1300 Summit Avenue, St. Paul, Minnesota. The proposed assessment would create an extreme hardship on the finances of the Cemetery and ultimately the Congregation as a whole, At the present time, the Cemetery's operating expenses exceed its revenue and the Cemetery is operating at a loss. The Cemetery's income comes from the sale of cemetery lots as well as disbursements of interest and dividends from the Cemetery's perpetual care fund. According to my understanding, Minnesota law permits the Cemetery to spend interest and dividend income from this fund, which is currently estimated at $15,000- $20,000 per year. With just necessary expenses that this Cemetery needs to operate on a daily basis, we are incurring a loss of $70,000 - $$0,000 per year. Any funds available from the Cemetery's operating account are projected to be depleted over the next two -three years to cover these losses. It is impossible to absorb an additional expense of the magnitude of these assessments without asking for contributions from Congregation members, many of whom have no connection to the Cemetery. It is an extreme challenge to just raise money that covers the operating expense of the primary services rendered by the Congregation each year. While we do not doubt that the City Council has carefully and prudently considered the need for the work to be funded by the assessments, we hope that the City Council also can understand that this is an extraordinary expense for an entity that is restricted by the laws of the State of Minnesota both in the use of its funds and the sources of those funds. On behalf of the Congregation and its Cemetery, I ask that the City Council consider either a waiver or a substantial reduction of these assessments. You or the City Council should feel free to contact me with any questions about this request. Very truly yours, ;lack Silvan, Board Member Mount Zion Cemetery Is3 A WELCOMING AND VIBRANT JEWISH SPIRITUAL HOME r oun��on�crnpie is a Reform Jewish congregation devoted to life -long learning, worship and acts of loving kindness. In our holy community, we celebrate, comfort and create meaning in our lives while we seek justice in our world. ASSESSMENT HEARING OBJECTION FORM a. Deferral of assessment b. Li Senior citizen deferment (over 65 years of age) c Li cancellation of assessment i' Revision of assessment Reason for the rtb C7 --c- - - -.C-- (12 digit number) Do YOU wish to address the City COLUICH tonight? Yes No a, [0 , Deferral of assessment b. Senior citizen deferment (over 65 years of ago) C, Cancellation of assessment Revisiori of assessment 1 Reason for the request: AS"iESSMENT HEARING OBJECTION FORM my 4WOOD-AREA SfREET IMPROVEMENTS PROJECT G546- A Address of assessed p3rcel . ............... Property identification iumber . . ...... . ... ........... .... . . ...... (12 digit number) Do you wish to addres5; the city council tonight? Yes No a. Deferral o! assessment lb Senior citizen deferment (over 65 years of age) Gancollati:)n of assessment & Revision (it assessment Reason for the request - - - - - - --------------------- - - - ---- .. ............. - --------- - -- . .. . .. . .. ........... . ..... . . .... . . . ............................ . ... ....... ......................... . ...... . . ... . . . . . ........ . .................. . City of M a ldco� oto. sTAT ENILN'T OF ASSESSMENT C i t v Pr 1 ect xg 00-1 : D ESO TO S KIL L ) A REA STRE ET I NI P ROVE c EN Assessment Public Hearing Date - May 14, 2007 at '7:15 p.m, Pleas eNare-... This is the only Statement of Assessment van will receive, h r; unportant u at -ou rcad and 'UH und %ourfio!aTs wid oblilglit k ork - ICE ASSE lE. - - - iched NCY1 � S S - TOTAL ASSESSNIFNT for this parcel is S54,678.80 d_ �7.� -",0 } + .. - _ _ isnjea`.`i SS De 1 A'—(-.'utc' n-CT oNecl�on (or. Lo` To a„jl 1T1 -, P-ar ' # 0 :1.w U11"esN %NVk ! WT!Ient T -%% e cl k C o sat as S q lo Q a T i 7 ASSESSMENT HEARLNG DATE,- May 14, 200'� PAYMENT AT THIS TIME IS OPTIONAL 0 ad L � U! - i rton "o Me U C , o INt u, Jt:, �, tnd ree"I'm In T OUr MX, `7 00'Se to Mak a full or t OTT OF Z) ore Ju�ne lj . 1 ( 1 ' } jn 1 ,� 0 IM G �r -W 3 MOD-' —on n 'Ier CfftiliQa -wad, "L 1:C11 lQd M rax,'- ooter c No paynie its Fill be accepted by the city after October I. ZOV. � ' AR[ --% Property Oancr of Record ROSOTO LLP PO BOX 1 ST PAUL NIN 44 1 1 Property To-. Legal Description 1`2922320001: SECTION1 TOWN 29 RANGE 22 SUBJ TO AVE AND ST AND EX S 1- FT THE E UZ OF N E 1 !4 0 F NAV 114 0 F S%s' 1 i4 0 F S EC 1 7 TN 2 9 R-N` 22 TOT=E. SSESS;MFNT AS LEVIED... `554,6 TiTe .MW a. MIr Parcel Identification Number (PIN) 1 is as Ticase vc To 0 1c PIN calling o conceminviz,Ms L111 AZURE PROPERTIES INC 95 South Owasso Blvd W Sit Paul INN 55117 651-484-0070 FAX 651-486-3444 Mr. Steve Kummer City of Maplewood 1902 County Road B East Maplewood, KIN 55109 RE: PIN 172922320001 RoSoto Villa, 1901 DeSoto St, at Rosel Dear Mr, Kummer, j Zf ....... ... Enclosed is a copy of our Statement of Assessment received on the above property, We previously submitted an Objection Form that only addressed part of the assessment. It is our understanding that the street reconstruction and the storm sewer assessments are both calculated based on lineal feet. We respectfully request that both be revised from 473 lineal feet to 210 lineal feet, for the reasons explained in our May 3"' letter. Thank you for your consideration of this matter. Very truly yours. Mary Borndale On behalf of Azure Properties Certified mail - return receipt requested May ( cki Cit% COLM.Cil 1 91 1 2 1 CounTy Read B East Mapiewoo--J WN 5 R E Assessr RoSoto Villa, 1 E)eSoo St, a' Roselavi'n Mai! 'R'w Attached is Uff CkYllPle'erl Assessnient Oblection Furri cbpect to 'he 47'� lineal front foot assessrnent for the abuves piz,)perty The sowher;j part of this pre p :-rt - e uest f I it y f s a poinding area that vas enlarged at the qu he C k4aplewood It serves orther rope #. not owned or useabl-:-� by AZLire Properties and we believe it shOLOd not bear assessnients to Lis The� , ai - exis k retaining wall U at bor. ier's the p ay" This wall is located approxiriniateiy 21 hneal feet frorn the northeast property comer We respectfLMY request that the assessnient to AZLVe Propenies be revised froal "It 3 'Jov. to 2 iineai feet P yo for your consideration of this rinatter Very MAY YONS, fvl ar v 0 ""a 1 e Or bei.ajf of k7i,.ire Pi erties C ErMosure W— -r- 1ASIMI—S-I.—W-1.41 !a N .&A-P Property identification number: a. Deferral of assessment b. Senior citizen deferment (over 65 years of age) c L-I Cancellation of assessment d. Revision of assessment Reason for the request: Print Name JI Address of Property Owner is re Date Zip Telephone n m x r w f v , �w t } ..... .a....... r r.r * n { t t , , f r f. r. { , { i } { j . r: x rr } u r. a v x A. :F n, x v x r ., x f , t f , p . f j. ..... .... x f ... a a n , zr j: w n m £n ,u t x n, f w y t w. j v y � ,s { r .. � s { f � i ... n v s t x f .r t f. _ t v v r t �f i , n w. t T , i }} ¢ j + r { ✓ r� 1 of r vn x # n rs ti s v I # # l � ' x O f I a ' :' ., x.. ... r .... ... ... .: . ......... i x .x £ ti f . e rf x x ° } m. x w# a u f ' x r i Mao C2 07 09:4?a Maplewood Public Works 6512492409 Property identification number: (12 it number) Do you wish to address the city council tonight? Yes No ptr t i a �ns Prin Name 9 Address of Property Owner May 4, 200 1 City. ofMaplewood 190'2 CountN Road B East N,Japlew MN Attention City Clerk Re City Project 406-16 Dear Mayor and City COUncil W .11 I am a property owner in Maplewood owning town houses at 1977-2029 De Soto, 1994-2034 Clark and 1985 -; , Clark St. 1, am a strong believer in rain gardens. We are willing to incorporate them into our landscaping. I do have several T 4, itv of Maplewood Page - 2 Sy, 'North Maplewood T #ho, LL ASSESSMENT HEARING OBJECTION FORM DESOTO SKILLIMIAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification Mjmbers a. El Deferral of assessment b. l0l Senior citizen deferment (over 65 years of age) Reason for the request: Address of Property Owner Zip Telephon e VILLAGE OF MAPLEWOOD R E C E I v NO 6 ..: 900 L:E fix, ,CMS :, �, PESO: . _ ,� { j D O LL ARS - r m ._ .... __..._.. _ a - r t r -5 Rt i..,,., Do you wish to address the city council tonight? Yes No Please complete this form if you intend tic appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonigbrs city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): Revision of assessment ---- ---------------- - ------ - Address of Property D .3 t ae ISO= Reason for the request. V.-% V!to VWk I AfLfn � C) -v, o+ : ce i e t, 42 ser es 42 %%t For Maplewood Public Uorks 6512492409 5, 9:03AM Personal Pr £ nt ax/.Copter /Scanner Property identification number (12 digit number) Do you wish to address the city council lopight? El FL2e' Yes No council to defer, revi-A LJ Deferral of asseastoont w , Q19M �Cj Usic OC -C r I AAA W C tA S -U W-4-- «© W)7 U N 1 94,5 IWI a ntc. r S*t , 3,w %wl a o ewc. ov. ki N 5 5 i Q9 Mne S610417256 TAX 661 071 m 11 G p oF-P cejet 4200 ser as 42 Log ror Maplewood Public WorkS 6512492409 51 12:07PM Pe-sonaI Printe-I-Fax/Copier/Scanner F-W �JCJ��' Do you wish to address the city council tonight? 11 4 Yes No Please complete this form if you intend to appeal to the CiW council to defer, revise or cancel your assessment. This form Must be completed and filed with the city clork no later than the close of tun Ws city cocarcif assessment hearing. Your request will became part of the public hearing record. I request that the city council consider (check one): Zi P Reason for the request: Senior ci tize n deter n t (over 65 Yea klancella"Llon o f as sessment '- a I Li Revisi Reason for the request. ...... ` L.s.:._ F ji l - AT F lab` 14. 1 00" Saralinda Bauer 001 Sloan StrecT Maplewood, `M`N 55117 City of Maplewood RF-- Desoto SkiHman Area StTeet Improvements Dear Council Mernbers* a aeseaStrient i n t amount o $5 f or My prop the have recently received th Sloan street to on, This letter is to request that the city deter or cancel this assessment. Finaliv, it atme s that the city is asking the residents of Maplewood. who already pa'y nm rc iaves, to- pav More t r at U Sewer IMIrro- that is likely to benefit more r ' kcry : ft h -m o.�'Sk i ! man area - oh- Makple'Rood r a a o th e m ,,n t L e� I . � mi -hose in hic appreciate your time and autention aniu look 1 Sincerelv, V klap+ - Rc�ide% Ix " -",I ASSESSMENT HEARING OBJECT ION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJ 06-16 Address of assessed parcel 7 Property identification number: "17 -2, -L (12 digit number) F5� Do you wish to address the City COU l tonight? Yes No a. El Deferral of assessment b Senior citizen deferment (over 65 years of age) R - - - - - - ---------------------- 5ignatUre Date Address of Property Owner Zip Telephone A flhOu n Property identlucation number -1 - -a-z 1 -3- 4- - (12 dinit number! Oo you wish to address rho city council tonight' ? L-j Inn Fiedse Goft eLe' dli!i fullik 'if you ifAef W appeal u) Ine wly couill;e to Uds , I t:vl>C r t This form must be completed and flied with the city o cancel your assessmen. clerk no later than the close of frolmht's citv council assessment hearing. Your uAll K^rnt"4% "Art r,.f fi-^ M�J�Ur� 6 A I ro."!IM�Mf +hO -.— ---- -- — ;C cc t P co tic rlsider'check one�' Mmfor"I f V'- C. r'. Ez M b, . ...... ar cui-7pri deferment (ovor f; yram of rice, 4 C 'YJ t Cancellation of assessment rix Revision of aasessment ry . ... ... ... ... . d *3TE..: TY MOT CE: i ho COC.WW49 age a. ItAT fsa Er '— a4 ".0, rz{rr4`w#& E to Ow sandw, V".a•, a& W940y E E �a &,I -by +oEEEEat3 toy t at tho wOk al t * appkAwo 60-'AWOO 0r Wx ON a &. & I W. E � at o is Taag .3 a 4 E Wo, Oitm ft pl* * t... ' %nA% kwar ,Wlla ariy 0 s Fa ty & Es r :.a#r lad "Way nat d& usi #... Y OU ark I a 'Osd #su . r a , W, av taa.w t� -K OK* E7aa e EE&rk &.QF shes. iE ms In VI<< 1y 6 # NYC" recawov. oft ft. m ;aE. o. . ss . W 14°0 4r E&E :l . ice—oft of _ .E.x. ®_ . .. ......... . ... vax ( .'over S-11eet . ......... Hello, here ir in v assessment objection a (t ac h w ith a letter explaining why I can't afford to pa this Pr thrrt irvthinr7 - volu Call belP with "Icsse let me k"' what 1 ca N Tf Jk LITY STAThMENJ %r I- 0ATE 5. ' ................ .. ......... TF T PP 0 N c' ........... . . ......... .. . !)T7 T� NT� . ......... Hello, here ir in v assessment objection a (t ac h w ith a letter explaining why I can't afford to pa this Pr thrrt irvthinr7 - volu Call belP with "Icsse let me k"' what 1 ca N Tf Jk LITY STAThMENJ %r I- 3 May 1. 2007 Whom !'� MaY Con ou w ,fte above circumsLailCt--S. i s I er rep' or canc e 11 ed - 9 i vi ng ul s *or 7 vol-I i IZ 14 U Z L I I V t Z f he mucn neeled I I fne t C. ge I Uklf I " ' ' " " ASSESSMENT HEARING OBJECTION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification number: (12 digit number) Do you wish to address the city council tonight? L-j Yes No council consider (check one): 7 - 71 d. Revision of assessment Prin" are SianatUre Date Address of Property Owner Zip Telephone i pn k w '. ITUMINOU fift of SE1/4 of Section 17. T29N Property identification number: C� - (12 digit number) Do you wish to address the city council tonight? El x i vWvv'v';' Ntice;%V.&H Yes No a. D Deferral of assessment Senior citizen deferment (over 65 years of age) Reason for the request; 9 v Print Name Signa ure l 941:�LLJ: Address of Property Owner ..... . . .... Zip Telephone � M c�od C i C'oulici - 1 ' ' r In - 1 Andv and Julie Faulkner 4 Roselawn Ave E, Re Desoto Ski I In Area Street ImprOvenient Prcwiect ('ouncil. Ila, Property identilfication number: (12 digit number) Do you wish to address the City COMICH tot Yes No b Senior citizen deferment (over 65 years of age) c Cancellation of assessment d. Revision of assessment . . ..... ... . . . .............. - - - ------------------ . ......... . . - - --------- -- .... . . ...... Print Nzime. SigilatUre Dau�l Address of Property Ow'ner zip Telephone ASSESSMENT HEARING OBJECTION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel 7 Property identification number (12 digit number) Do you wish to address the city council tonight? Yes No a. I_X Deferral of assessment 7_ 1 1 Is. Senior citizen deferment (over 65 years of age) C, Cancellation of assessment d. Revision of assessment Reason for the request: xxMx Print Name Signature Date Zip Telephone ASSESSMENT HEARING OBJECTION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification number: (12 digit number) Do you wish to address the city council tonight? Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. 7 — Deferral of assessment k ASSESSMENT HEARING OBJECTION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification number: Please complete this for if you intend to appeal to the city council to defer, revise or cancel your assessment. This form Must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. 0 Deferral of assessment Reason for the request: ASSESSMEI` OBJECTION FORM DESOTO SKILLMAN AREA STREET !MPROVErvlENTS PROJECT 06-16 Address of assessed parcel Property identification Miniber (12 digit number) Do YOU Wish to address the city council tonight? Yes No a, b. d. Reason for Print Name Deferral of a, meat Senior citizen deferment (over 65 years of age) Cancellation of assessment Revision of assessment ii) Telephone ASSESSMENT HEARING OBJECTION FORM DE SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification number- Def e rreof rant b. Senior citizen deferment (over 65 years of age) Cancellation a§sessment Print Name Signature Data Address of Property Owner 7"' Zip Telephone To: Steve mpr From: Shar`r, r n-Wai CC. Date; Re: 172 .0 Desoto Street The property att 1 1 7 20 Desoto Street : s zoned smale dwelling residential (R- ,,, WiLhin the R-I zoning detrict. the mimmum iot size is 10 OCOU square feet and the r"rimmurn lot width is 75 feet, iri mv omnion Wilno it T , e extension or Burr Strew between the two lolis the on' subdiviswri of the or - new single family V which ,opervy 'hat would be possible dUe to The eXtrerne araide di eT ence. one w--i.ul.-- be located on the n-m - h-, sice of the existina house. with access fr"Im Desoto Street Attachment 3 li �: v.. m A-4-3 suv__ x f w INGHAM ST -x t4 x- u ' KINGSTON cc x z ! x } t LARPENTEUR A-4-3 Property identification nUmber - 77 (12 digit number) Do you wish to address the city council tonight? Yes No ss Deferral of ease ment, E . Senior citizen defernient (over 65 years of age) Cancellation of assessment ASSESSMENT HEARING OBJECTION FORM DESCT 0 SKILLMAN AREA STREET [I'01PROVEI'01ENTS PROJECT 06-16 Address of assessed parcel , � -------- 3 Property identification Mlrlibor: (12 digit FlUmber) Do you wish to address the city council tonight? Yes No a. Deferral of assessment loa Senior citizen deferment (over 65 years of age) c Cancellation of assessment d Revision of assessment Reason for the reqUest: . . . ............. . - - - - - - - - - - - --------------- - - - - -------- - - ---------------------- - - ---------- - ------------------------------------- - ---------- - .... ----- - . ..... - ............................. Print Namle g Il, a t U F Date I- I r ( kj r 7 - Iress of Property OW41 Zip Telephone ASSESSMENT HEARING OBJECTION FORM DESOTO SKILLMAN AREA , t` E ` MP EM N 'S PROJECT you wish to address the city council t ni h° i Yes . Revisionof assessment Reason for the request. Property identification number: (12 digit number) Do you wish to address the city council tonight? Li Yes No a9 Deferral of assessment ASSESSFIVIENT HEARING OBJECTION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification number (12 digit number) Do you wish to address the city council tonight? Yes No Please complete this form if you intend to appeal to the city council to defer. revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will b rne part of the public hearing record. I request that the city council consider (check or a. 11 Deferral of assessment b. Senior citizen deferment (over 65 years of age) Cancellation of assessment d. Revision of assessment Reason for the request: ASSESSMENT HEARING OBJECTION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification number. (12 digit number) 0 7.I Do you wish to address the city council tonight? L-IJ Yes No as [I. Deferral of assessment b Senior citizen deferment (over 65 years of age) C. Cancellation of assessment d. 0 Revision of assessment Print Name Signature Date Address of Property Owner Zip Telephone Reason for the request: Do you wish to address the city council tonight? E 01 Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. L Deferral of assessment b. Senior citizen deferment (over 65 years of age) Fl� C. Cancellation of assessment ASSESSMENT HEARING OBJECTION FORM DESOTO KIL MA ' AREA STREET IMPROVEMENTS PROJECT -' Address of assessed parcel Property identification number•: (12 digit number) addressDo you wish to it tonight? Yes No Please complete this form if you intend to appeal to the city council to defer, revise r cancel your assessment. This form mut be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your- request will become part of the public hearing record. I request that the city uracil consider (check orae): a. �.J Deferral of assessment ba Senior citizen deferment (over 65 years of r C. Cancellation of assessment '¢ � i Revision of assessment Reason for the request: ASSESSMENT HEARING EC ION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06- Address of assessed parcel Property identification nUmber (12 digit number) n. Do you wish to address the city council tonight? LA Yes No a. El Deferral of assessment b. Senior citizen deferment 'over 65 years of age) C, E Cancefliation of assessment Revision of assessment Reason for the request-. ASSESSMENT HEARING OBJECTION FORM DES K` SKILLMAN AREA STREET IMPROVERIEW"S PROJECT 06-16 �S Address of assessed parcel 7-" Q Property identification number: (12 digit number) Do you wish to address the city council tonight? at E Yes No a. ED Deferral of assessment Is. Senior citizen deferment (over 65 years of age) C. Cancellation of assessment d. Revision of assessment Reason for the request: Address of Property Owner Zip Telephone DF Sr TC)-SI&JLLr�,w1A.tJ A STRIF FT to HON ASSESSNIF IST hif ARING 0WECTION FC)Rrkvi Asse"ed PdU el Addition: 2104 Mississippi St- Maplewood, MN 55117 PIN 1, 8 , 1 1 Owner, An Thi Nguyen I request that the City cancel the assessment of S 11298 72 on my prcyarty and remove the entire shwel between 2048 to 2120 Mississippi Strept fmrn the entire f4soloWhimi ama sneet ra project, Cih Prcdect MY 16. The reasons for icy usluest are as fullows� 1. AH the Property owims of the 10 binlding� are objecting to the &owssrnern and we neclueomg a carKekawn of Me assessment and removal of die Street froni the project. Removal of Mississippi Street Nor the entue protect whI1 not affect Vrz- other portions of the Projects but will save the (Ary mmw; kw Mal portion, and save tine needed to conNNew the pr"Cl t, 2 The street was receraly reparriml arKI in s0h in %wry good conchi On. There have not been any conyWints Win any of the Wants or property owners NAh restwil to the conditans, of the stwel- The sidevvalks s.3 d cur Lis w-re recently replaced and are si Hl great condrtion, There does not appear to be a need fix the "lin spot repairs as the street is in great wmking cundakm. It wit be a waste of tentuicos drill Wpdyer money to Yppmr something that is not broken or in need of relvlai -eire.-Ht or irnkiroverrient. There have not been an sewer asues or conqAaints- The exiswhat, storm senver system appears to be in wo;kiur, ciinei and Mere 1mve not been any dramage problems. Alto, according to the Feambilitv Stud and Rep on for thr City Proj�;cr 0616. A does vrot appear ant any sanit•:vy sewer or vvinermain improvements will he made to Elie I'Alssissi-ppi 51• eH[ nor ! ron Thorckfor the rewder"s of WAssipp; wreet, shouki not he assessed dk� - storm sesver asgessmorn = a Pei B. bass Once vop "Ymdd not be pa" of the - honeht"ig resvienlik pro pm Ues", A. The aisessmern: wdI a# ! a sCnihcm known! Inalohq) for iii . as, %svoil as fen the oth r rviry , i � )i e :� ssii, [ Si pe "t lirolm i 0".v'f lut S The p"Im"y n used as a ;sr v Wane ap,stnuar, budding. with im hn a two Whoon a PW1 man rMIME between S690 and S700, arid no h one wwm apar Unon for the lul We risonthy kundW to he W-d an rpno"s, very ddh(vd; in f"wr rpm -in xiMunt in pAy even the lyn rwor Riu"ve (A the poor moke! I will bUNUP"S 0VWWr 001, ti"Y !jbU�>HWIlT lVill hdV" d &IMPISTAl AW!, UW HW PUMOVIV 001 VA MOP a 50" It mq finalwoll hwUm; Or 5, T! Ic Ile nt qvearw us khsprupwtwliat1 Iy affect th,- Stft, proptsftius. rv1issn;sIj- sr SFlsut is sl -,itecl the 1xist amount of 'rujlaiis" or [)sit 'yut as compared W Hie Streets that an gen . ing more of the 17 enefir of the reCCIOStRIC60F) pfUjC-11; the" 1-iropcyrty o Fvoers =2 paying a t1 N" anwan H is unfair Twit Him apartment buddHig is rategarand sirmLH to Me commerual bbldingv w1kh hmn the cqpoi to Hmv Huough Ti . co,ts to their consum,ers, I respectfully w1uryst that my asse5sment toy cancelled and the portion of tvlississipja Street Ise removed n I ron the prot ........................ -.- . ........ ...... .. . ............................ ...... ... .......... An T, Nguyen ASSESSMENT HEARING OBJv FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification number (12 digit number) Do you wish to address the city council tonight? El 7 Yes No a. Deferral of assessment EN oge b. Senior citizen deferment (over 65 year - a f a ) c Cancellation of assessment .w f k k, P 'A ASSESSMENT HEARING OBJECTION FORM DESOTO SKILLMAN AREA STREET IMPROVEMENTS PROJECT 06-16 Address of assessed parcel Property identification uUmber: (12 digit number) Do you wish to address the city council tonight? Yes No a, Deferral of assessment b. Senior citizen deferment (over 65 years of age) C, Canceflation of assessment d. Revision of assessment Reason for the request.- All persons w wish to be hear: , cr. co object, with referet'.r-'t�M is C1' this rnatter may Dresent their cases at FleatIng, either orsily or in vri-tiag. C , Dated r1nis lftbl. da o'f hu--ust, 1,10— Villace Clerk Publish: August 2 3, 1967 USL Der ftont foot S lo 0 'Lor feet C. :qtr of driCvewav entrance Vou total Assess 7 1 Your assessment may us pait a " - - e t er ' ta CaM b - - eCC, -C 0 c, t o b e r 6. '7 r- t e Villas- t e October 6, 1967. is i"s an important I because thi-s is your lag pit oppIcIrtuaLct to. D e 3 7.7 VOT smemE-Q n Le e d (I n o r c a r- il e. V 1 1 a L e 3.1 u nave qutestior.8 cn -or isses y- T -L c e e e L In t o c e - D C, Price� A I I q uestio n s wl A 3 is nereb, r�j,2, th k" co,.t r-c 7 0 % ch g-� nnesota — ou n� 2, s Frost Aveaue at j o-i Sep-- ne O 1 .3 i 9 IT - 0 concerningg the adoption OIC the assess roll L o r conscrz.,LctIOTI, ` ii ; ��ravei n as e construcz-.O u , s su r - c p T in U - - a , 33i& e, u t t er an d s rorni sewer on --- I Roo 1 #^'a -Avernue, a Ea adont Me n - -so or es - M t c-, I I p r e s c- i asS sTTeD - p Tz e -, ule 7 s h d G po s us n cc Minnesota ituLes .1 ear - ann a na e a ing Lz � 4 ig ws T 0: 19 Chaucer 398, as am-ended. The assessment r o I a bere described is on in the ofznce Of L h e V lace C1 All persons w wish to be hear: , cr. co object, with referet'.r-'t�M is C1' this rnatter may Dresent their cases at FleatIng, either orsily or in vri-tiag. C , Dated r1nis lftbl. da o'f hu--ust, 1,10— Villace Clerk Publish: August 2 3, 1967 USL Der ftont foot S lo 0 'Lor feet C. :qtr of driCvewav entrance Vou total Assess 7 1 Your assessment may us pait a " - - e t er ' ta CaM b - - eCC, -C 0 c, t o b e r 6. '7 r- t e Villas- t e October 6, 1967. is i"s an important I because thi-s is your lag pit oppIcIrtuaLct to. D e 3 7.7 VOT smemE-Q n Le e d (I n o r c a r- il e. V 1 1 a L e 3.1 u nave qutestior.8 cn -or isses y- T -L c e e e L In t o c e - D C, Price� A I I q uestio n s wl 330 Skiih Me. L p 014754984 .'-vlay 5 2007 cklusidcration other expenses such as and interest. BOOK prolmny tax. trash hauling. snoxv phAving and nutiMemme that -he apmunmt owners ha c to rmy w banA, may in IS ! " %vc had to pav Or he an^z;c-,,�rncrvs, ik MAT W whole or in i moul lnicnv; v, ith interest, , ficse as..sessnrent amounts %vould tweak our backs econornicWtv as additional expense diat cannort ath)rd hw &CLU, . a.b.l.c.2g, vvioo..*. Ve i1i 20W NSA, -54 i i fo ZOO 2006 200 $22 718 1 r PrevOw Year 1 - 8.52 25A2 070 1 2 � 1X A 1 1114 . . . ... ... ................. . .... . . .......... ... — _- — -------- - - : ........... Ss"I 1 S650 .. - .. . ... . .................... . . . . . ....... ..... . ................... ....... ..... . ................ ............... ....... ........ - .. ... .. ... in addiUon to property tax. "m need to keep paying mortgages, utilities and otherexpenses. "LAilf6es ate mi gn i Hcant expenses sfirce "re co-wrim are to pay for nmmnd gas nw Vat ii, " ami Whin COO kirigy and %k ate r for tenants since there are My one gas metcr and OTIC VoirCr TTICICT lOr all units in the apartment buH&ng "her as at tmkr places, there are separate mewors for each unit and rcnaras 'n I ikely vo hmn to pay Q gab and %%`UtCr LOW ANTh the Costs k"'I running apamnent rental aTC T`u( hushass soaring skyAgh. one rempts to jump no the conclusion th-a the kowticrs should pro p*MO MY increme the rent to offset the utilnN COMS a'od IUX inCrUaNC, ActUally k c tr %vidi rumles! increase, but %mcancies wrow the resuhed consecluences: prolonged - vacancies �would definitcl% he detrinwiturd for rental fousuie-.s cowners Hke us. As go-nd chkens. I and a nurnhr of mk ner,'i one then apartments on X-1 issi., Street wt K, glad a convi bute to the socioy by paq ng u 1 i he Aderal. Stal e and 1 -ocal goverrinnerns incorne tax and Property tax "'rool vvhich the Citt kt t' N—lapic"'N kbK! certairA is apprtopriwacd a hig port Ron of the tax pie to operzuc 1.)\A ever, n seerns 'hat property tax has gone through the roof and i sum assessawnts �dd '- " . � , - ' - venthhutc Tnucli kwer and. WE Ac nUVV Do pul ut -1 10-1 nao the nnx ' ."n'L: LH!'- _U11, iA the Or sale sign and qun. Furdamunre. "hen Yompared to wshlenAl 01'eLnla! � aILIC fill the are, w. the apartmen! cnvuers, Pas at least 5Y�o higher property tax ant in many caws even 1 (A)"n or more. Regarding the asgessmerm PC a cornmercial pro,-cwrt) versus a residenthd propeny (Ibr exit le S 1 PAN or nwe v,. S.3, 700), which some of us ow hornes in Me Desvio-SkilAnizin area. i is CeTtLinds unfair to ask :,he cornmercial property owners to pay at lot more in assessments, sort �of subsidizine the Panne o%%ners "Ith w0fare assessroutt payn funded h% corm 1xvinesse's I I -Fieve that no o Rh Ac RI MY i de nt i a 1 lu i n i e o %vn c re. 0' Ut t !1a t i S e sac t I how �k c " ec 1, We adania 11" 1 be t c la i 1 the assez"�.Itlent burden should be spread out fut and shared rnor , r -, be(wen commercial arnd residential Ixoperty ov. instead ofzeroing on the b, to, earry the bulk ofthe hurden. Sincerely. Steve [)angy ('c: `vla %.sod klayor Dia,na Longric N-laple (.'ouncil 1.. st M262TI WIT' 16202T T 14043 , M262TI 1-0046 16202511404 1 SQQO 11 tR Agenda Item K2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: CharlesAhi Public Works Director/City Engineer SUBJECT: Gladstone Area Redevelopment, City Project 04-21 Review of Final Alternative Area Urban Review (AUAR) Comments and Approval of Resolution Adopting the AUAR DATE: May 7,2007 INTRODUCTION/SU M MARY The Final /\U/\R and Mitigation Plan were distributed for public comment Vm April 12.2OO7. Five additional comments were received which were not substantive innature. No objections were filed, which allows the City to adopt the AUAR by resolution and move into the implementation phase of the project. Approval to adopt the AUARiSrecommended. Background The preparation of the AUAR was authorized by the City Council on August 8, 2005. The document was pn8p8n8d by HOiSingt0O-Ko8g|8rGnUup. Inc. with support from Kinl|Sy-HOrD, SEH, and B[8UD |Dt8rtRC8S well GS the City's Engineering staff. The City Council authorized distribution of the AUAF< for public comment on September 26, 2005 and notice of the availability of the document was published in the Environmental Quality Board Monitor on October 1O,2O05. All comments were received by November S. 2005. The comments were analyzed; however, due to the review of the Plan B Alternative (490 units) and the additional review needed prior to the final adoption of the Comprehensive Plan Amendment (CPA) and Master Plan, the AUAR was not finalized. A final copy nf the Master Plan was adopted with the CPA on March 12.2OUY. The Master Plan and CPA provide guidance and direction for proceeding with the area i[npnJvRnnRDtG. |t should bR noted that the adopted Master Plan isCf8 lesser magnitude than the concepts originally reviewed in the Draft AUAR, however the Final &UAR analysis was not changed. The Final AUAR evaluates the "worst case scenario" and thus satisfies the intent of environmental review process. {)n March 20,2OO7, the City Council authorized staff to complete the AUAR process, which involved review and distribution Ofthe FinS|AUAR and Mitigation Plan (which included Response to Comments received OO the Draft AUAR\. FimaUAVLIAR and Mitigation PUmm The Final AUARand Mitigation Plan were distributed on April 12, 2007. Per Environmental Quality Board /EQB\ requirements, 10 working days were given for review Vfthe Final AUAR. Any objections by State agencies or the Metropolitan Council must have been filed with the City within this timeframe. The Final AUAR comment period closed 0O April 27 Five comments were received, including letters from [)8|8 Tripp|er; Office of the Minnesota State Archaeologist; the [)8p8rtnn8nt of Natural Resources, the Metropolitan Council and the Army Corps 0f Engineers (letters att8chHd). None [f the comments are considered substantive, and the City is not required to formally respond to comments received on the Final AUAR; hOvv8v8r, it may do3O at its discretion. No objections k} the AUAR were filed; therefore, the City is free to adopt the AUAR by r8SV|VUOn. AhJ|| copy of the Final AUAR8nU Mitigation F^|8n are available on the City's vv8bsiL8. The DNR letter is most instructive and a proactive approach is being used on Phase 1. Agenda Item K2 Next Steps The next step in the process is Council adoption Vf the Final AUAR and Mitigation Plan. This would lift all remaining restrictions to redevelopment within the area. FO||Vvving adoption, the City must distribute notice of its decision to all OD the Final AUAF<distribution list, as well as the E(]B. This would complete the environmental review process, and OO further action iSneeded. ItiS recommended that the City Council adopt the attached resolution that approves the Final AUAR and Mitigation Plan for the Gladstone Area Improvements, City Project 04-21. Attachments: 1. Resolution z rmmAUxncommomletmm o. oaleTnpplo, u. Office m the Minnesota State Archaeologist C. Department m Natural Resources u. Metropolitan Council o. Army Corps mEngineers CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. XX-XX A RESOLUTION APPROVING THE FINAL AUAR AND MITIGATION PLAN FOR THE GLADSTONE AREA REDEVELOPMENT MASTER PLAN WHEREAS, on August 8, 2005, the City Council approved a resolution authorizing that an Alternative Urban Area wide Review ("AUAR") be initiated and completed for the Gladstone Area Redevelopment Master Plan project; and WHEREAS, the City of Maplewood has conducted a master planning project for the Gladstone Area Redevelopment Master Plan that has included a number of public meetings and workshops; and WHEREAS, the City of Maplewood has prepared a draft AUAR document that evaluates the cumulative environmental impacts of two alternative development scenarios, one based on the Comprehensive Plan and one based on a draft of the Gladstone Area Redevelopment Master Plan; and WHEREAS, EQB guidance calls for a mandatory 30-day public review and comment period on the draft AUAR document that commences with publication in the EQB Monitor; and WHEREAS, the City of Maplewood has conducted and received all comments and responses to the AUAR document and prepared a draft Mitigation Plan that does hereby address all concerns and issues raised during the AUAR process; and WHEREAS, EQB guidance calls for a mandatory I0 -day public comment and objection period on the Final AUAR and Mitigation Plan document; and WHEREAS, the Final AUAR and Mitigation Plan were distributed for review and no substantive comments or objections were received. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the Final AUAR and Mitigation Plan document for the Gladstone Area Redevelopment Master Plan be approved and notice of approval be distributed to the EQB and all individuals and agencies who received the Final AUAR and Mitigation Plan. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS I I' DAY OF JUNE 2007. MAYOR CITY MANAGER From: Dale Trippler [mailto:dtripp @usfamily.net] Sent: Wednesday, April 18, 2007 5:44 AM To: Chuck Ahl Subject: AUAR Comments Chuck, As I read the cover letter, it doesn't look like the public has a right to comment on the AUAR, only State agencies and the Met Council. However, I thought I would point out a couple of things that I wish would be taken out of the Final AUAR because they were taken out of the Gladstone Neighborhood Redevelopment Plan (Plan) by the City Council. 1. Page 4, Second paragraph: The following two sentences should be removed because they are no longer in the Plan approved by the City Council: "A portion of the Savanna is proposed to be redeveloped to housing that would orient towards the Savanna. A bridge structure under Frost Avenue would serve as a direct pedestrian, storm water and habitat connection to Flicek Park." It is my understanding that the Plan does not allow any development on any portion of the Savanna. Also, the bridge, which the Task Force felt was an important and necessary piece, was removed from the Plan by the City Council. 2. Page 7, first paragraph: Again, the whole first paragraph on the top of page 7 should be removed. The City Council removed the bridge from the Plan. Therefore this reference to a bridge should also be removed. 3. Page 11, Land Use Management paragraph: At the end of this paragraph it says the Plan was adopted in December of 2006. Your cover letter says the Plan "was ultimately approved by the City Council in March 2007." Only one of these two statements can be correct. Thank you for all of your hard work. Dale Trippler, Pres /CEO Trippler Corporation 1201 Junction Avenue Maplewood, MN 55109 -3433 Email: dtrip Phone: 651- 490 -1485 23 07 09:25a April 19, 2007 Mr. R. Charles Ahl, P.E. City Engineer City of Maplewood 1902 County Road B East Maplewood, MN 55109 vh Ahl , RE: Gladstone Area Final AUAR �O Y, a 6512492409 p.l i�' V I have reviewed the above referenced AUAR with regard to potential impacts to Historic and Cultural Resources. I concur with the statement on page 15 that there is a high potential for Post - Contact archaeological within the area, although I doubt many of them would be significant enough to warrant preservation in place or intensive archaeological examination. Unless literature searches suggest that a significant Post - Contact site remains intact in the area, I see no need for archaeological field survey to search for such sites. I think there is good potential for Precontact archaeological sites to exist in the extreme western portion of the area just north of Round Lake and west of the creek. This area appears to be relatively undisturbed. I would suggest archaeological field survey in this area prior to any extensive new ground disturbance. Thank you for consideration of my comments. S2 merely, S ott Anfinso State Archaeologist Maplewood Public Works Minnesota apartment of Natural sources 500 Lafayette Road St. Paul, Minnesota 55155 -4025 RLCEIVED April 27, 2007 R. Charles Ahl, P.E. City Engineer/ Director of Public Works (City of Maplewood) 1902 Comity Road B East Maplewood, MN 55109 Mapfewoo Pvb�c Works RE: MAPLEWOOD GLADSTONE AREA REDEVELOPMENT MASTER PLAN FINAL AUAR Dear Mr. Ahl: The Department of Natural Resources (DNR) has reviewed the MAPLEWOOD GLADSTONE AREA REDEVELOPMENT MASTER PLAN FINAL AUAR, Maplewood, Minnesota. We offer the following comments for your consideration. Item No. 11, Fish, wildlife, and ecologically sensitive resources (paw) The City of Maplewood has noted our interest in improving the water and habitat quality of the three lakes: Phalen, Round and Wakefield. By adopting Leadership in Energy and Environmental Design (LEED) policies and design principles for the Gladstone Neighborhood, the City appears to be moving toward better management of stormwater and surface waters. We appreciate that effort. On the other hand, the City may be missing an opportunity to effectively protect and improve sensitive resources within the AUAR area. The Environmental Quality Board guidance for mitigation plans states that the mitigation plan "takes on the nature of a commitment by the RGU to prevent potentially significant impacts from occurring from specific projects." Our concern is that this FAUAR does not express a level of commitment that the EQB intended. This weakness is evident in the section Fish, Wildlife and Ecologically Sensitive Resources. Here the City identifies two landscape features that, according to the AUAR, "provide significant opportunities for the continued existence of rare plant and animal species." The City, however, does not take the initiative to protect and conserve these areas outright. Instead it defers decisions to the future and to developers, stating, "where possible, development projects should seek to minimize impacts on these features and re- establish corridor connections" and committing itself only to monitoring any impacts that development may have on ecologically sensitive resources. A real commitment would have the City requiring that re- development occur in such a way as to ensure that it does not result in significant impacts to these resources. Thank you for the opportunity to review this document. Please contact me with any questions regarding this letter. Sincerely, Ronald Wieland, Senior Planner [651- 259 -5157] Environmental Review and Planning Unit, Division of Ecological Services cc: Joe Kurcinka, Wayne Barstad, Steve Colvin, Matthew Langan, Lisa Joyal, Jeff Gorton, Bryan Lueth, Travis Germundson ERDB #20060123 -0003 D:\DNR Comments \ma lewood gladstone fnal AUAR.doc DNR Information: 651 -296 -6157 * 1- 888 -646 -6367 a TTY: 6 296- _5484 e r- 800 - 657 -3929 Printed on Recycled Paper Containing a An Equal Opportunity Employer Minimum of 10% Post Consumer Waste a ,. Metrop Cou ncil April 26, 2007 R. Charles Ahl, P.E. RE: City of Maplewood, Gladstone Area Redevelopment Master Plan Final Alternative Urban Areawide Review (FAUAR) Metropolitan Council District 11 Metropolitan Council Review File No. 19857 -2 Dear Mr. Ahl: The Council received the Gladstone Area Redevelopment Master Plan March 2007 Final Alternative Urban Areawide Review (FAUAR) and Mitigation Plan on April 13, 2007. Council staff has conducted a review of the FAUAR to determine its accuracy and completeness in addressing regional concerns. In its November 9, 2005 letter Council staff commented on the draft AUAR. Staff review has concluded that the FAUAR addresses previous comments, is complete and accurate with respect to regional concerns, and raises no major issues of consistency with Council policies. The Council does not object to the FAUAR. This will conclude the Council's review of the FAUAR. The Council will take no formal action on the FAUAR. If you have any questions or need further information, please contact Greg Pates, Principal Reviewer, at 651- 602 -1410. r 1� 2 / f� try 7 His Hanson, Manager al Planning Assistance cc: Jack Jackson, MultiFamily Market Analyst, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Georgeanne Hilker, District 11 Keith Buttleman, Environmental Services Bob Mazanec, Sector Representative Greg Pates, Principal Reviewer Cheryl Olsen, Reviews Coordinator RF.ti..1G5`,t.'tnY m r ,iE; •!t 17;e .co,, t.c.tcr `..1- able uod 2 007 k LIAR £.; a IS:nr:.e . r3:.? -? 0K' No Ob ,doc www.metrocouncil.org 390 Robert Street North ® St. Paul, MN 55101 - 1805 ® (651) 602 -1000 ® Fax (651) 602 -1550 ® TTY (651) 291 -0904 An Equal Opportunity Employer Apr 30 07 04:56p Maplewood Public Works 6512492409 �i DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 190 FIFTH STREET EAST ST, PAUL, MN 551x1 -1636 REPLY TO J i ATTENTION OF Operations Regulatory (2006 - 1972 -TJF) April 24, 2007 Mr. R. Charles Ahl City of Maplewood 1902 County Road B East Maplewood, Minnesota 55109 Dear Mr. Ahl: p.2 } C, r ��1a; a�.r a trFlnl'ilS This is in reference to the Final AUAR that was prepared for the Gladstone Area Redevelopment proposal. The project area is in portions of Sections 15 and 16, T29N, R22W, north and east of Lake Phalen, in Ramsey County, Minnesota. The AUAR correctly indicates that a Section 404 Clean Water Act permit from the Corps of Engineers could be required if the redevelopment involves work in waters or wetlands. The Corps regulates the discharge of dredged and fill material into waters of the United States, which includes most wetlands. Potential developers should be advised to coordinate with the Corps should they anticipate the need to conduct any work within waters or wetlands. The Corps will then make a determination as to whether the proposed work will require a Corps permit_ The Corps recommends that impacts to waters and wetlands be avoided and minimized to the maximum extent practicable. If you have any questions, contact Mr. Tim Fell in our St. Paul office at (65 1) 290 -5360. In any correspondence or inquiries, please refer to the Regulatory number shown above. .. Sincerely, obert J. ting - Chief, Regulatory Branch Agenda Item K3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles /\hi Public Works Director/City Engineer SUBJECT: Gladstone Area Redevelopment, City Project 04-21,Resolution Authorizing Preparation of Plans and Specifications for LCDA Grant Improvements on Frost Avenue and for Improvements atl[H 61/Frost Avenue DATE: May 6 INTRODUCTION/SU M MARY The Metropolitan Council approved the LCDA grant 8t their December 13 th 0eedng. We are certain that Maplewood will receive $1.8 million in grant funds for the Phase 1 Development 0fGladstone. These funds will require spending tobe under way in20OY and fully completed by the end of2UO8. Engineering and design of the improvements needs to begin to allow for coordination of all development. Approval to proceed with preparation of the plans and specifications is recommended. Background |tiS time for the Council to give the authorization to proceed with the project plans and specifications. The survey and project p|anningph8s8isConnp|et88s8uthOrizedinD8Dennber2UOG. The LC0A grant requires that all construction be started in 2007 and fully completed in 2008. The staff continues to work with the developer and coordinating schedules tV meet those project r8qUin8nn8nts;hnvv8v8r,dV8iotheT|F decision by City Council on May 14, 2007, those phases of the improvements are being delayed. The improvements to be started with this work are related only t0 the grant improvements and i[npn]vS[nSOts at TH 81/FnDStthot are coordinated with K8n0C)l[ and R@[nS8y County. Budget Impact The improvements to be included in this work are covered with the following: kCDA Grant = $1 Municipal State Aid Street Funds = $ 300.000 Ramsey County $ 150 K8OD{]T = $ 150,000 TOTAL = $2,400,000 The design work is limited to 10% of the cost, so this authorization is $200,000. Survey work was g40.00O GS authorized in December 20O8. Improvements related bJ assessments tO the developer, any future power line burial or improvements to be funded by PAC charges to the developer, are not covered by this authorization. It is recommended that the City Council approve the attached resolution that authorizes the preparation of Plans and Specifications for the design phase of the LCDA Grant and TH 61/Frost Avenue Improvements for Phase |of the Gladstone project 8ndprOvidSth9[)irRCtO[OfPUb|iCVVOrksvviththS@uth0ritvt0inCur@n additional $20U,0UOCfproject expenses for the purpose 0f detailed design and analysis. Attachments: ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR LCDA GRANT AND INTERSECTION IMPROVEMENTS AT TH 61/FROST WHEREAS, the Metropolitan COUnd|hos8vvond8d@8r8nttOtheCitvofK8@pkewo0dinthe8mOunt of $1.8 million for the improvement of Phase 1 of the Gladstone redevelopment, and VVHERE/\G, it is proposed that improvements in the form Ofturn |8n8 improvements, sidewalk/trail i[nprOvRnnRDtG. utility inlp[0v9[n8Dts and iDtSrSSCt0O improvements EdTH 01 and Frost Avenue to be C0OndiD@tSd with R8Qna8y County and K8n[)(]TfOr Phase 1 for the Gladstone Area RRd9v9|OpnlRDt Project, City Project 04'21 be irnp|8rn8nt8d. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, 1. That the proposed improvement project U8r8f8rn]dLVUl8citv8n0in88rfVrstVdy8ndih8Lh8i8 instructed and authorized to have prepared plans and specifications for the making of said improvements consistent with the awarded grants for the LCDA Improvements and said intersection improvements as coordinated with MnDOT and Ramsey County. 2. That funds, in the amount [f8n additional $2O0.O0U, are appropriated from future project expenses for the purpose of preparing said plans and specifications. Said funds tobereimbursed from LCDA grant funds, K8SAS funds and other project re|akadrevenue3as8pprovedbythe Agenda Item K4 FAM4 Ll 117- Zei A 0 TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: Gladstone Area Redevelopment, City Project 04-21, Resolutions (2) Accepting Turnback of Frost Avenue and East Shore Drive in Exchange for County Road D from TH 61 to White Bear Avenue DATE: June 1, 2007 INTRODUCTIONISU M MARY As part of the Metropolitan Grant, the City is required to have jurisdiction of Frost Avenue and East Shore Drive in order to receive the grant funding. An agreement has been reached with Ramsey County that exchanges roadway jurisdictions, whereby Maplewood will assume jurisdiction over Frost Avenue and East Shore Drive, in exchange for Ramsey County accepting jurisdiction over County Road D from TH 61 to White Bear Avenue. Ramsey County has approved the jurisdiction change and City Council approval of resolutions concurring with this revision is required. Approval is recommended. Background The proposed exchange of jurisdictions provides a good program revision for both Ramsey County and for Maplewood. Ramsey County will re-assume the jurisdiction over County Road D. It was originally under Ramsey County jurisdiction and thus called County Road D until the roadway was terminated at the railroad underpass following an automobile crash and emergency responder fatality in 1981. Since that time, the roadway has been under Maplewood's jurisdiction. The improvements since 2003 have re- established the movement and the heavy volume of traffic and needed investments in improvements between Southlawn and White Bear Avenue will become mainly the responsibility of Ramsey County. Frost Avenue and East Shore Drive carry significantly less traffic than County Road D, about 50% less in some locations, and only 20% in comparison to volumes on County Road D at White Bear Avenue. Maplewood will be able to place our MSAS designation onto these routes to replace the funding designation by Ramsey County and still avail ourselves of State Aid monies, while still receiving the Metropolitan Grant monies for the improvements to Phase I of Gladstone. Next steps The attached resolutions are required by Ramsey County to start this process. The resolutions are called Municipal concurrence in the County's actions. Once the County action has been secured, Maplewood will be required to adopt a resolution establishing the Municipal State Aid designation to Frost and East Shore Drive. Those resolutions are expected to be brought for Council consideration in July or August 2007. RECOMMENDATION It is recommended that the City Council adopt the attached resolutions concurring with the designation of County Road D from TH 61 to White Bear Avenue as a County State Aid Highway and concurring with the removal of the County State Aid Highway designation from Parkway Drive, East Shore Drive and Frost Avenue. Attachments: 1. 2 Resolutions 2. Letter and County Board Action from Ramsey County I Location Map RESOLUTION WHEREAS, Establishment of "County State Aid Highway" m&sUusmoybeaonnrno|inhed by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes &102.02'and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007-173 on May 8, 2007. locating, 8st8b|ishing, designating and numbering C8/\H 19 (County Road D) from Trunk Highway 61 to White Bear Avenue as part of the County State Aid Highway system Of Ramsey County, and WHEREAS, said resolution locates and establishes the subject County State Aid Highway within the corporate limits of the City Of K48p|8vvood; NOvv. lhen8hJne. Be It RESOLVED, By the City Council of the City of Maplewood that the resolution adopted by the County Board, 8 copy of which is attached hereto and made part thereof, locating and establishing the obOw8 County State Aid Highway within the City limits is in all things approved. RESOLUTION WHEREAS, Revocation of "County State Aid Highway" (CSAH) status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007 -174 on May 8, 2007, Revoking the CSAH status of Parkway Drive (CSAH 27) from Trunk Highway 61 to Frost Avenue; East Shore Drive (CSAH 62) from Frost Avenue to Larpenteur Avenue; and Frost Avenue (CSAH 28) from Parkway Drive to White Bear Avenue; Now, Therefore, Be It RESOLVED, By the City Council of the City of Maplewood that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, revoking the CSAH status of the above roadways is in all things approved. r a Department of lie Works Kenneth G. Haider, P.E., Director and County Engineer 1425 Paul Kirkwold Drive Arden Hills, MN 55112 -3933 - (651) 266 -7100 - Fax (651) 266 -7110 E -mail: Public.Works@co.ramsey.mmus May 16, 2007 Mr. Charles AN City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Mr. Ahl: Enclosed for your information is the suggested resolution for municipal concurrence of County State Aid Highway (CSAH) system designation of: • County Road D (Municipal State Aid Street 138 -121) from Trunk Highway 61 to White Bear Avenue; and County State Aid Highway system revocation of: • Parkway Drive (CSAH 27) from Trunk Highway 61 to Frost Avenue • East Shore Drive (CSAH 62) from Frost Avenue to Larpenteur Avenue • Frost Avenue (CSAH 28) from Parkway Drive to White Bear Avenue The Ramsey County Board of Commissioners approved these changes to its County State Aid Highway system on May 8, 2007, via Resolutions 2007 -173 and 2007 -174. Copies of the Resolutions are enclosed for your information. As noted in the suggested resolutions, County State Aid Highway system designation and revocations will not occur until Ramsey County is in receipt of adopted resolutions from the City of Maplewood concurring with the County State Aid Highway system designation and revocations. Please contact me at 266 -7104 if you have any questions regarding this issue. Sincerely, Kenneth G. Haider, P.E. Director and County Engineer TM Enclosures Minnesota's First Home Rule County printed on recycled paper with a minimum or 10% post - consumer content Qa& WHEREAS, Establishment of "County State Aid Highway" status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007 -173 on May 8, 2007, locating, establishing, designating and numbering CSAH 19 (County Road D) from Trunk Highway 61 to White Bear Avenue as part of the County State Aid Highway system of Ramsey County, and WHEREAS, Said resolution locates and establishes the subject County State Aid Highway within the corporate limits of the City of Maplewood; Now, Therefore, Be It RESOLVED, By the City Council of the City of Maplewood that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, locating and establishing the above County State Aid Highway within the City limits is in all things approved. F_10191U9zI : ATTEST: CERTIFICATION 2007. Mayor City Clerk I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on 2007. City Clerk City of Maplewood SUGGESTED MUNICIPAL CONCURRING RESOLUTION WHEREAS, Revocation of "County State Aid Highway" (CSAH) status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, The County Board of the County of Ramsey did adopt Resolution 2007 -174 on March 8, 2007, Revoking the CSAH status of Parkway Drive (CSAH 27) from Trunk Highway 61 to Frost Avenue; East Shore Drive (CSAH 62) from Frost Avenue to Larpenteur Avenue; and Frost Avenue (CSAH 28) from Parkway Drive to White Bear Avenue; Now, Therefore, Be It RESOLVED, By the City Council of the City of Maplewood , that the resolution adopted by the County Board, a copy of which is attached hereto and made part thereof, revoking the CSAH status of the above roadways is in all things approved. ATTEST: CERTIFICATION KIIIIN Mayor City Clerk I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on , 2007. City Clerk City of Maplewood u i•• • • Ramsey County Commissioners Presented By Attention: Commissioner Parker Budgeting and Accounting Ken Haider, Public Works Date May 8, 2007 No Page 1 of 2 RESOLUTION ESTABLISHING COUNTY STATE AID HIGHWAYS WHEREAS, Establishment of "County State Aid Highway" status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.42; and WHEREAS, It has been determined by the Ramsey County Board of Commissioners that the roads hereinafter described should be added as County State Aid Highways under the provisions of Minnesota Law; Now, Therefore, Be It RESOLVED, The Ramsey County Board of Commissioners hereby establishes, locates and dedicates the following road segments as County State Aid Highways, subject to the is approval of the Commissioner of Transportation of the State of Minnesota: RAMSEY COUNTY BOARD OF COMMISSIONERS YEA NAY OTHER y Bennett i Carter Jim McDonough Rafael Ortega Jan Parker Victoria Reinhardt Janice Rettman Tony Bennett. Chair (Continued) S Bonnie C. Jackelen Chief Clerk - County Board Board of r Presented By Commissioner Parker Date May 8 2007 No. 2007 -173 Attention: Budgeting and Accounting Ken Haider, Public Works Page 2 of 2 RESOLVED, The Ramsey County Board of Commissioners authorizes the route number for Beam Avenue from Trunk Highway 61 to White Bear Avenue be changed to CSAH Route 20; and Be It Further RESOLVED, The Chief Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as County State Aid Highways of the County of Ramsey. C RAMSEY COUNTY BOARD OF COMMISSIONERS Tony Benn air B Bonnie C. Jackel Chief Clerk - o ty Board YEA NAY OTHER Adkbn Bennett X W i Carter X Jim McDonough X Rafael Ortega �— Jan Parker x Victoria Reinhardt _x_ Janice Rettman X Tony Benn air B Bonnie C. Jackel Chief Clerk - o ty Board i I I I Presented By Commissioner Parker Date _ Mai 8 2007 No. 2007 -174 Attention: Budgeting and Accounting Ken Haider, Public Works RESOLUTION REVOKING COUNTY STATE AID HIGHWAYS WHEREAS, Revocation of "County State Aid Highway" status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes §162.02; and WHEREAS, It appears to the Ramsey County Board of Commissioners that the roads hereinafter described should be revoked as County State Aid Highways under the provisions of Minnesota Law; Now, Therefore, Be It RESOLVED, The Ramsey County Board of Commissioners hereby revokes County State Aid Highway status of the following road segments, subject to the approval of the Commissioner of Transportation of the State of Minnesota: and Be It Further RESOLVED, The Chief Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration. RAMSEY COUNTY BOARD OF COMMISSIONERS YEA NAY OTHER Tony Bennett X Toni Carter X Tony Benn it' hair Jim McDonough X Rafael Ortega X By Jan Parker x Bonnie C. Jackele Victoria Reinhardt x Chief Clerk - Cflu Board Janice Rettman x F Klmley-Horn and Associates, Inc. '1'3� C"' I Chapter 22 LAWFUL GAMBLING Article L In General Sec. 22 -1. Gambling prohibitions. Article IL Lawful gambling. Sec. 22 -2. Adoption of state law by reference. Sec. 22 -3. City may be more restrictive than state law. Sec. 22-4. Purpose. Sec. 22-5. Definitions. Sec. 22 -6. Lawful gambling permitted. Sec. 22-7. Location. Sec. 22-8. Conditions. Sec. 22 -9. Lawful gambling at on -sale establishments. Sec. 22 -10. Council approval. Sec. 22 -11. Application and local approval of premises permits. Sec. 22 -12. Local permits. Sec. 22 -13. Revocation and suspension of local permit. Sec. 22 -14. License and permit display. Sec. 22 -15. Notification of material changes to application. Sec. 22 -16. Contribution of net profits to fund administered by city. Sec. 22 -17. Designated trade area. See. 22 -18. Records and reporting. Sec.22 -19. Penalty. Sec. 22-20. Severabity. Sec. 22 -21. Effective date. 2 ARTICLE L IN GENERAL Sec. 22 -1. Gambling prohibitions. (a) Any person engaged in gambling as a participant therein or any person who knowingly permits gambling on his premises, such gambling being defied as gambling within the meaning of Minn. Stats. §§ 609.75 609.762, shall be guilty of a misdemeanor. (b) All kinds and descriptions of gaming, gambling and fraudulent devices andpractices in gaming and all playing of dice or other games ofchance are hereby prohibited. (c) All roulette tables; all faro banks; all crap tables; all gambling with cards, gaming tables or gambling devices; all descriptions of gaming and gambling; all houses and places for the purpose of gambling and fraudulent devices and practices; and all playing of cards, dice or other games of chance are hereby prohibited from being set up, used or kept for gaming or gambling purposes in the cite. (d) No person shall bet anv money or other property at or upon or in ally gaming or gambling table, game or device prohibited by this section. (e) No person shall keep any house or place for the purpose of gambling nor shall any person suffer or allow any gaining table, bank or gambling device or gambling equipment prohibited in this section to be set up or used for the purpose of gaming in any house, building, boat, lot, hotel, motel, shop, ward, room, space or garden belonging to him, occupied by him or over which he has no control. (f) If anv person shall engage in a gambling game or make use of any gambling device or equipment prohibited b this section or shall keep tables, furniture, fixtures or instruments for gaming or gambling or used or intended for use in gaming or gambling, in or out of any house, room or place, such tables, instruments or equipment may be seized and taken into custody by any police ojficer. It is hereby made the expressed duty of all police n cers to enter any place, house, room, tent or booth and seize the gaming tables, instruments, fixtures or equipment and hold and keep the gaming tables, instruments, fixtures or equipment. (g) No person shall visit any place, house or room used, occupied or in anv way designed for gaming or gambling purposes and there bet any money or valuable thing on any game or device, either played with cards, dice or otherwise.. It shall be the dirty of the police officers to visit all houses, places, rooms, tents or booths where any such gambling is carried on in violation of this section and to arrest all persons violating this section. (h) No person shall, within the city, whether directly or indirectly, bet or risk any money or other property at or upon any game, device, horse race, contest of any kind whatever or upon the happening of any event, whether such event takes place within or without the city limits, or the result of any such event or engage in any gaming or gambling of any kind whatever, in which money or other property is directly or indirectly bet, wagered, staked or risked, or aid or abet, directly or indirectly, any other person in the doing of any such acts. (i) This section shall not apply to the game of bingo, as defined by state law, if such game of bingo is duly licensed pursuant to state law and this Code or other city ordinance. 3 (j) Notwithstanding the other subsections of this section, a f aternal, religious, veterans' or other nonprofit organization may set up to operate a gambling device or conduct a raffle, as defined in Minn. Stats. § 349.12, if licensed by the city and conducted pursuant to Minn. Stats. § 340.12, and a person may manufacture, sell or offer for sale a gambling device to such organization. ARTICLE II. LAWFUL GAMBLING Sec. 22 -2. Adoption of state law by reference. The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. Sec. 22 -3. City may be more restrictive than state law. The council is authorized by the provisions of Minnesota Statutes, Section 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minnesota Statutes, Chapter 349, as it may be amended from time to time. Sec. 22 -4. Purpose. The purpose of this ordinance is to regulate lawful gambling within the City of Maplewood, to prevent its commercialization, to insure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Sec. 22 -5. Definitions. In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board. CITY, as used in this ordinance, means the City of Maplewood. COUNCIL, as used in this ordinance, means the City Council of the City of Maplewood. LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the Board. LOCAL PERMIT, as used in this ordinance, means a permit issued by the city. TRADE AREA, as used in this ordinance, is defined as the City of Maplewood and each city and township contiguous to the City of Maplewood. RAFFLE, "Raffle" is an activity that requires no skill in order to win a prize. Prizes are awarded through the purchase of chances. 4 Sec. 22 -6. Lawful gambling permitted. Lawful gambling is permitted within the city provided it is conducted in accordance with Minnesota Statutes, Sections 609.75 - 609.763, inclusive, as they may be amended from time to time; Minnesota Statutes, Sections 349.11- 349.23, inclusive, as they may be amended from time to time; and this ordinance. Sec. 22 -7. Location. (a) Lawful gambling under license issued by the state lawful gambling board may be conducted only at the following locations: (1) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on -sale establishment as permitted in this division. (2) In licensed on -sale liquor, wine, and beer establishments. (3) Notwithstanding subsections (a)(1) and (2) of this section, raffle only licenses may be approved for any proper location. (b) No location shall be approved for gambling unless it complies with the applicable zoning, building, ' fire, and health codes of the city. Sec. 22 -8. Conditions. The conduct of lawful gambling under license issued by the state lawful gambling control board shall be subject to the following conditions in the city: (1) No sale, consumption, or possession of liquor, wine, 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on -sale liquor, wine, or 3.2 percent malt liquor license or a bottle club permit; provided, further; that no sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted in the room where a bingo session is taking place. (2) (3) Sec. 22 -9. Lawfasl gambling at on -sale establishments. Lawful gambling at on -sale liquor,, wine, and 3.2 percent malt liquor establishments shall be Conducted in compliance with the following: (1) Only licenses for laiijul gambling and raffles may be issued, except where the licensed gambling organization also holds the on -sale liquor, wine, or 3.2 percent malt liquor licenses for the premises, in which case any gambling license may be issued. Before any person may serve as gambling manager for any organization licensed to conduct gambling in the city, that person must have satisfactorily completed a course of instruction conducted by the state lawful gambling control board on the duties and responsibilities of the gambling manager. 5 (2) On -sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on -sale establishment. (3) Every agreement between a nonprofit organization and an on -sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of this division. (4) A copy ofany lease agreement between a nonprofit organization and an on -sale licensee shall be filed with the city clerk and the police chief with the gambling license application, (S) A lease agreement between a nonprofit organization and an on -sale establishment shall not provide for rental payments based on a percentage of receipts of profits om la yid gambling. There shall be no other compensation paid to the on -sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The maximum rental fee shall be according to state law. (b) All gambling shall be conducted, from a booth or other area properly segregated from the rest of the licensed premises. The physical layout of the area set aside for gambling shall be subject to approval of the police department. (7) The gambling booth shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name and license number at its gambling booth and shall indicate that all profits front gambling are for the benef t of the organization. (8) No employees or agents of the on -sale establishment shall handle gambling devices, gambling money, prizes, or gambling records; nor shall they record winners, replays, or free games; not shall then otherwise conduct or assist the licensed gambling organizations in conducting the gambling operation. (9) No person shall be jointly employed by both the nonprofit organization and the on -sale establishment. (10) The gambling booth shall be separate from the liquor service bar. No gambling shall be conducted, from the liquor service bar. (11) The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records. Whenever the organization is not present, all gambling devices, money, and records shall be securely locked and shall be inaccessible to employees of the on -sale establishment. (12) No gambling funds shall be commingled with funds of the on -sale establishment. (13) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances. 6 (14) The on -sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours. (15) The on -sale licensee shall make no agreements with any gambling equipment distributor requiring the use of his gambling equipment in the establishment. (16) Subsections (6), (7), (8), (9), (10), and (11) of this section shall not apply when the licensed gambling organization is also the holder of the on -sale license for the establishment where the gambling is conducted. (17) The cite council may disapprove a gambling license application for an on -sale establishment in which gambling violations have previously occurred. Section 22 -10. Council approval. Lawful gambling authorized by Minnesota Statutes, Sections 349.11 - 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the council, subject to the provisions of this ordinance and state law. Section 22 -11. Application and local approval of premises permits. (a) Any organization seeking to obtain a premises permit or bingo lull license, or renewal of a premises permit or bingo hall license from the Board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as filed with the Board. The application and accomnanvine exhibits and documents shall be filed not later than three (3) ra (b) Upon receipt of an application for issuance or renewal of a premises permit or bingo hall license, the city clerk shall transmit the application to the chief of police for review and recommendation. (c) The chief of police shall investigate the matter and make its review and recommendation to the city council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. (d) inv as set i State Statute for cities of the second class. This fee shall be refunded if the (e) The applicant shall be notified in writing of the date of which the council will consider the (f) The council shall receive a report from the city clerk that includes pertinent information from the background investigation and consider the application within 45 days of the date that the application was submitted. (g) The council shall, by resolution, approve or disapprove the application within 60 days of the receipt of the application. (h) The council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance 7 relating to gambling within the last 3 years. (2) Violation by the on -sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last 3 years. (3) Lawful gambling would be conducted at premises other than those for which an on -sale liquor license has been issued. (4) Lawful gambling would be conducted at more than 4 gremises within the city. (5) Failure of the applicant to pay the investigation fee within the prescribed time limit, (6) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise the council shall pass a resolution approving the application. Sec. 22 -12. Local permits. (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minnesota Statute, Section 349.166, as it may be amended from time to time, without a valid local permit. (b) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city. The application shall contain the following information. (1) Name and address of the organization requesting the permit. (2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (3) Dates of gambling occasion for which permit is requested. (4) Address of premises where event will occur. (5) Copy of rental or leasing arrangement, if any, connected with the event including rental to be charged to organization. (6) Estimated value of prizes to be awarded. (e) When filing an application for the issuance of a local permit under this division, the applicant must pay to the city clerk, in full, the amount of the permit fee as imposed, set, established and fixed by the city council. (d) Upon receipt of an application for issuance or renewal of a local permit, the city clerk shall transmit the notification to the chief of police for its review and recommendation. (e) The chief of police shall investigate the matter and make review and recommendation to the city clerk as soon as possible to be included in the report for the council, but in no event later than 45 days following receipt of the notification by the city. (f) The applicant shall be notified in writing of the date uo which the council will consider the hd The council shall receive the public safety department's report and consider the application within 45 dovu of the date the application was submitted no the city clerk. UN The council ubuD disapprove an application for issuance ur renewal oƒu premises permit for any u{the following reasons: ( Violation hvthe gambling organization o[ any state statute, state rule, or city ' ordinance relating to gambling within the last 3 years. (2) Violation by the on-sale establishment, or organization leasing b reod for of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last 3 years. (3) The organization boonotbcuoinczisuenccbzru1lcnsi3ouoseou1iveycnrspdorVotheduteo[ application. (4) The organization doeauotbuveu1|eual|5ucth/emcznhcra. (5) Exempted mz excluded lawful gambling will not take place u1u premises the organization owns orrents. (6) Exempted or excluded lawful gambling will not be limited to a premises for which an on-sale liquor license has been issued. (7) Exempted or excluded lawful gambling occur u1 more than 4 Premises within the (8) More than one licensed, organization will bcconducting exempted or excluded lawful �undbling activities at one premises. (V) Failure f the applicant a/ pay the permit fee dbi the prescribed time limit. (10) Operation of gambling o1 the site would he detrimental lo health, safety, and welfare ofthe Otherwise the council shall approve the application. � See. 22-U3. Revocation and suspension oflocal permit. W&local permit may bc revoked, m temporarily suspended for o violation hv the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A license shall not be revoked m suspended until notice and an opportunity for uhearing have first been given to the permitted person. The notice shall ho personally served and shall state the provision reasonably believed lobe violated. The notice shall also state that the permitted person may demand u hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the council shall hold a hearing on the matter at least one week after 9 the date on which the request is made. If, as a result of the hearing, the council finds that an ordinance violation exists, then the council may suspend or revoke the permit. See. 22 -14. License and permit display. All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where gambling is conducted. See. 22 -15. Notification of material changes to application. An organization holding a state issued premises permit or a local permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. Sec. 22 -16. Contribution of net profits to fund administered by city. (a) Each organization licensed to conduct lawful gambling within the city pursuant to Minnesota Statute, Section 349.16, as it may be amended from time to time, shall contribute ten percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for lawful purposes as defined by Minnesota Statutes Section 349.12, Subdivision 25, as it may be amended from time to time. An organization's receipts from lawful gambling that is exempt from licensing under Minn. Stats. § 349.166 are not subject to ten- percent contribution imposed by this section. (b) The ten - percent contribution imposed by this section shall be paid to a fund administered and regulated by the city, without cost to the city, for disbursement for lawf ilpurposes on a monthly basis and shall be reported on a duplicate copy of the gambling tax return filed with the state lawful gambling control board each month. The report shall be an exact duplicate of the report filed with the state lawful gambling control board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form. The gambling tax return and payment of the contribution due must be postmarked or, if hand- delivered, received in the office of tlienance director on or before the last day of the month following the month for which the report is made.. An incomplete gambling tax return will not be considered timely unless corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and contribution shall be delivered to; Finance and Administration Manager City of Maplewood 1830 East County= Road B Maplewood, NItV 55109 Checks shall be made payable to the city. (c) There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section. 10 (d) The cio; council shall disapprove any pending application for renewal or the original issue of a lawful gambling license for any organization which owes delinquent contributions to the city. Further, the police chief may notify the state lawful gambling board of any organization owing delinquent contributions to the city and may request that the board revoke or suspend the organization's license during the license year. The city council shall not issue or renew any on -sale or off-sale alcoholic beverage license, bottle club permit; or food license to any organization which owes delinquent contributions to the city. The remedies in this subsection are not exclusive and shall be in addition to an_v other powers and remedies provided by law. See. 22 -17. Designated trade area. (a) Each organization licensed to conduct gambling within the city shall expend 51 percent of its lawful purpose expenditures on lawful purposes conducted within the city's trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premise within the city's jurisdiction. Sec. 22 -18. Records and reporting. (a) Organizations conducting lawful gambling shall file with the city clerk: one copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes, Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. (b) Organization licensed by the Board shall file a report with the city proving compliance with the trade area spending requirements imposed by Section 16. Such report shall be made on a form prescribed by the city and shall be submitted annually and in advance of application for renewal. Sec. 22 -19. Penalty. Any person who violates (1) any provision of this ordinance; (2) Minnesota Statutes, Sections 609.75- 609.763, inclusive, as they may be amended from time to time; or (3) Minnesota Statutes, Sections 349.11- 349.21, as they may be amended from time to time or any rules promulgated under those sections, as they may be amended from time to time shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, plus in either case the costs of prosecution. See. 22 -20. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. 11 Sec. 22-21. Effective date. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minnesota Statute, Section 412.191, Subdivision 4, as it may be amended from time to time, which meets the requirements of Minnesota Statute Section 331A.01 Subdivision. 10, as it may be amended from time to time. Passed by the Council this day of Mayor Attested: Clerk Agenda Item L1 T[>: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Revision and Design Review PROJECT: Corner Kick Soccer Center LOCATION: 1357 Cope Avenue DATE: May 31, 2007 Project Description PW[ Ryan Manning, representing C0DlSr Kick Soccer Center, is proposing an 8np8D3iOD and SRvRn@| changes for the soccer center 8t1357 Cope Avenue. (See the architect's project St@tHDl8rdODp8gH813 and 14. the applicant's project ntaUernentonpagem15and1M 1S. the other maps and plans on pages 2O through 35 and the separate project p|8ns.) Requests To make the changes to the site and the facility, Mr. Manning is asking that Maplewood approve: 1.Aconditional use permit (CUP)revision. The site now has 8 CUP because of its proximity to residential land uses. The proposed addition and expansion require city approval of a CUP revision. Specifically, the Maplewood City Code requires a CUP for any business or land use in the M-1 (light nn8nUtGotUhng\ zoning district that i3 within 350 feet Of@ residential land use. (Refer to the St8tS[nSOtS Vn pages 13through 10.) 2. The design plans for the project, including the site, building and landscaping plans. (Please see the separate project plans.) BACKGROUND [)n September 18.1S84. the community design r9vevvUoandUCORB\a the project p|8nsfnrU18 soccer center. [)n April 1U the city council approved 8 conditional use permit and the design o|GnGh]r83.0O0- square-foot addition 0n the front [f the soccer center. This approval was subject to three conditions of approval. DISCUSSION Conditional Use Permit Revision As noted iDthe project statements from the architect and the applicant, the proposed soccer expansion area includes 8 regulation-sized soccer field and other interior improvements, 12 square feet ofretail space and the addition of 83 off-street parking spaces to the site (including 27 underground parking spaces). The proposed soccer center and retail building additions and parking lot expansion will meet the city's findings of approval for 8 conditional use permit. AS noted bv the city engineer, they dV not expect the increase in people on the site to pose a problem for the neighbors or cause additional traffic issues on the nearby streets. However, they are doing traffic counts and o traffic analysis t0 verify the traffic situation with this pn}p0SG|. The applicant ia not proposing 8nyCh8rgRSt0thGho00thGtthRsocCrCente[wiUbRopenafte[thR completion 0f the project. /\CCondingt0Ul98pp|iC@nt's project statement, they are open for business longer hours in the winter (when residents have their doors and windows closed) than in the SVrnnner (when soccer players want Lob8OULside).AG long 8s the users of the facility are respectful when using the parking lot, the proposed project shOU|dnOtC8uSe8nyadditiOn8|diStUrbanCetOthene8rbyn3Sident3. Parking, Site Access and Vehicle Circulation The applicant, in his project statement, provided an explanation of uses and activities in the facility and the parking needs he expects for the site after the completion of the project. It is his opinion that the existing and proposed parking lots should be adequate to handle the parking needs of the facility. There are now 106 parking spaces on the site. The proposed plans show 189 parking spaces on the property (an increase Cf83 parking spaces) after the completion Vf the project. The proposed project p|8nSShOvvth8bwO8ntr8DCGS@OdRxitSfOrthRaOCC8[C8ntRrr8nl8iDiOginth9i[ existing locations. The plans also show new parking spaces on the north side of Cope Avenue between the addition and the street. Because [f this design, iL will b8 important for the soccer center t0 screen the parking areas from the houses to the south with bermings or plantings or both. The city should require the soccer center to post all the driveways for nn parking h0ensure that there would not be cars parked in areas that would hinder site access and vehicular circulation. Traffic A concern of one of the neighbors near the site is the increase in traffic that this proposal could bring to the area. The city designed andbViUEn0|ish8tr8et8ndCVp8Av8nUes aG collector streets. These roads are tV move traffic from neighborhoods and businesses k} arterial streets and highways. The city engineering department is now doing traffic counts in the area to determine how many vehicles a day travel on Cope Avenue near the facility. At this point the city engineering staff and the city traffic consultant do not expect a large enough traffic increase from this proposal to cause traffic problems or add enough additional traffic bJ exceed the capacity 0f Cope Avenue or English Street. (Please see the memo from Tom Sohrweide on pages 46 and 47 and the additional traffic information on page 48.) Dan Soler, the Ramsey County Traffic Engineer, told me that he had no comments about the proposal as there are no county roads near the facility. The city engineering department noted iOtheir project review (starting 0O page 3S) the long-term status O| the Highway 38/En0|iSh Street intersection. |ti3 important bJ note that city staff and k8DD[]T have had preliminary discussions about the conversion of the Highway 36/English Street intersection into an interchange. Such 8 project would inv0|veLhe removal of the traffic signals and building some type of interchange for access to and from Highway 36 from English Street. While there are no definite or approved project p|an3orfundingaouroeaSetfOrauoh8p jeCt(ondthu3noaettinne|ine).itnnu3tbe noted that such a project COU|dinnp8Ctthe site Uf the soccer center - including the need for the city Vrthe state toacquire property in the area to build Such 8 project. Life Safety and Building Code Concerns Butch Gervais, the Maplewood Fire Marshal, had several comments about the proposal. They included that he will require upgrading the fire protection system (monitored) and emergency lights and exits for the facility, the owner providing S2U-foot-vvide fire access road near the building, and the owner Or COOtrGCtOr installing 8 nlOnit0n8d fire 8|@r[n ayStR[n throughout the center. 2 David Fisher, the Mao|8vvVod Building {}ffi[jad. also has COnnnn8nts and corrections that the soccer center will need to address. They include meet the requirements of the accessibility code (parking, providing access routes and possibly changing the bathrooms) and that there must be a fire sprinkler system throughout the building. Mr. Fisher also n8cVnnrnend8d that the architect, contractor and city staff have 8 pre-construction meeting. (Please see his memo Vn page 42). It is important to note that the city will require building permits for any remodeling of the ex space and that the city will not allow the soccer center to use or occupy the space until the minimum life safety and building code standards are met. In addition, one should remember that the soccer center is asking for a land use approval and that building code and life safety issues are typically reviewed and handled by city staff after the city COUnCi| acts on the conditional use permit request. FUrth8rDO[8. the city COuDCi| would annually review the conditional use permit to check Vn the facility, its compliance with the conditions and any issues 0r matters that may arise. Public Utilities There are sanitary Sewe� S��S��a�w8�rinCo�Av�ie��S�e�Rs�C[C��c Specifically, the cUvdesi and built the storm sewer in Cope Avenue to accommodate drainage from a large area near the soccer center. The developer's plans will connect their pipes to the existing storm and sanitary sewer pipes. In addition, there are water mains in Cope Avenue and in English Street to provide water to the facility. Watershed District The Ramsey/Washington Metro Watershed District is now review the proposal and expects to issue the soccer center 8 permit for the proposal. Engineering Department Review Two oJ the neighbors of the socce center expressed concern over the potential for increased runoff and flooding due tn this project. The city engineering department has reviewed the project pksns.(Pkease see the comments from Michael Thompson starting on page 30.) The city should require that the grading/drainage plan would not increase the storm-water flow onto any neighbors land. The city engineer department rev also raised several concerns about the project DlaDa—H8 i8]|y the erosion and sediment control plan. They also had comments about the proposed ponding areas, storm sewer and landscaping and the need for 8 sidewalk along Cope Avenue. &s noted bv the project 8rchitRCtinhisSt8Lemeni colors with this project to make it attractive and compatible with the existing building. The proposed nnateho|S include rock-faced block, E|FS, prefni3hed nnebs| siding and roofing and face brick columns and 8oC8Dts. AS proposed, the colors would include tan dryvitOrstucco, beige metal wall p@ne|S, two brown CV|VrS of rock-faced U|Vck. 8 dark red f8C9 brick and black store fronts and nn8ta| roof sections. (Please see the separate project p|8nShJrnnVr8d8iSi|s8boutth8pn]pVS8dbVi|din0enL8rior.) Staff agrees that the proposed building additions would be generally attractive and would be compatible with the design and nnGL8ri8|S of the existing soccer center. Movv8v8r. it also is important to note that the west and north sides of the building will be very visible from English Street and from Highway 36. As such, the design of these elevations and their view from the public streets is critical. In response to earlier staff and CDRB comments, the project architect revised the proposed building elevations. The latest plans, dated May 31, 2007, have more features and details on these elevations to help give these elevations more character and to break up the large wall areas. Such changes have included adding vertical columns of brick or rock -faced block, additional horizontal banding and the planting of more or taller trees in the landscaping. The building elevations in the project plans show the painting of the concrete block on the existing building to match the rock face block on the building addition. The city will want to ensure that the wall panels and the concrete block on the existing building are in good repair and that they will match the building addition after the completion of the project. Tree Removal /Replacement and Landscaping The proposed plans show the removal of 24 large trees (ash, maple, box elder and elm), primarily from the area along the north side of Cope Avenue. The plans also show the soccer center keeping three of the existing trees that are on the perimeter of the site. The proposed landscape plan shows the developer planting 50 spruce trees, 65 white pine trees and a variety of ornamental trees on the site. Specifically, these include groups of Black Hills spruce along the south property line (between the parking lots and Cope Avenue) and at the southeast corner of the site near the Bruce Vento Trail. As proposed, the plans show the white pines primarily along the west side of the site (between the new soccer field and English Street) and along the east side of the existing building (between the building and the trail). The proposed landscape plan also shows new shrubbery plantings (Techny Arborvitae) near the building. The city should require the applicant to add more evergreen trees (Black Hills spruce or Austrian pines) along the north side of the building and along the south side of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows wherever possible. The contractor shall place the trees to reduce the effects of motor vehicle headlight glare onto adjacent residential properties. The applicant should revise the landscape plan to add plantings in the ponding area (consistent with the requirements of the city engineer) so it would be consistent with Maplewood ordinance standards. The plans should provide details on the sizes and types of shrubs that are proposed for the areas near the building and shall show the spruce and pine trees at least 8 feet tall at the time of planting (not 2'lz inches in caliper, balled and burlapped) as noted on the landscape plan. In addition to the above, the city code requires all landscape areas to have underground irrigation, and turf areas should be sodded (except for mulched and edged planting beds). Lighting Plan The applicant submitted a proposed lighting plan for the parking area (page 26). This plan shows that the new lights will provide no more than .4 foot- candle of light at the property lines (the maximum allowed by the city code) of the site. In fact, the plan shows that the lighting at most of the property lines will be at .1 or zero foot - candles. City staff should review the proposed lighting plan to ensure that the freestanding lights would not be taller than 25 feet and to review the style of the proposed light fixtures to ensure that they meet city ordinance standards. 4 Police Department Comments Lieutenant Michael Shortr89dCf the Maplewood Police Department reviewed the proposal for Corner Kick. | have included his comments on page 43. COMMISSION ACTIONS [)n May 1.20OY. the planning commission recommended approval of the conditional use permit revision for Corner Kick. [)n May 8,2O07,the community design review board ({}ORB) recommended approval of the project design plans for the expansion 0f Corner Kick. RECOMMENDATIONS A. Adopt the resolution on pages 49 - 51. This resolution approves a revision for the conditional use permit for Corner Kick Soccer Center at 1357 Cope Avenue. Maplewood bases this permit revision on the findings required by the code and it is subject to the following conditions (the additions are underlined and the deletions are crossed oUU: 1. All construction shall follow the plans date-stamped April 6, 2007, and the plans date-stamped May 31, 2007. The citV council maV approve mamor changes to the plans and citV staff maV approve minor changes to the plans. Such changes shall include: G. Revising the proiect plans to meet all the conditions of the city engineer (including the addition of a sidewalk along Cope Avenue) and city staff. b. Revising the building elevations as may be required by staff, the Community Design Revie Board (CDRB) or the city council. 2. The owner or contractor shall start the construction for this permit revision within one year of city council approval or the permit revision shall end. The city council may extend this deadline for one year. 3 The city council shall review this permit revision one Vear from the date of approval. 4. The owners/operators of the soccer center, the fire marshal and the city building official shall agree on a plan for the soccer center to make the required life safety and building improvements to the existing building. This plan shall include the installation of: 8. The required fire protection (sprinkler) systems. b. An early warning fire Protection system (smoke detection and monitoring). c. Additional emergencV lights and exit signs (if necessarV). d. The necessary changes to meet the handicapped accessibilitV code requirements. e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessary. 5. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes that the engineer noted in the memo dated April 23, 2007, includina the installation of the sidewalk alona CODe Avenue. 8. The owner or operator shall be responsible for the maintenance and clean up of the ponding areas on their property. 7. The owner or operator shall post the driveways and drive aisles as no parking zones. 8. The owner or operator of Corner Kick shall ensure that visitors or users of the facility do not cause disturbances or make unreasonablv loud noise in the Darkina lot that disturb nearbv residents. B. Approve the grading and drainage plans date-stamped April 8,2OO7, and the plans date-stamped May 31 (site plan, landscape plan, and building elevations) and the building elevation for the north and west sides submitted Gt the May 8.2O07,{|ORB meeting for Corner Kick Soccer Center. The city bases this approval Vn the findings required bv the code. This approval is subject LVthe applicant Or contractor doing the following: 1. Repeat this review in two years if the city has not issued 8 grading permit or abVi|dinQ permit for this project. 2. Complete the following before the city issues a grading or building permit: 8. Have the city engineer approve final construction and engineering plans. These plans shall include: Qr8ding, uNitv, drainage, erosion control, retaining wall, tree, sidewalk, 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: (8) Include building, floor elevation, water elevation and contour information. These shall include the Donno| water elevation and 100-vear high water elevation for the ponds. /b\ Include contour information for all the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. The ponds O[ basins shall meet the city's design standards and shall include best management practices and rainwater gardens wherever practical. /d\ Show all proposed a|0pea 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" native vegetation rather than using sod or grass. on (8) Show all retaining vv8||G On the o|SnS. Any retaining vv8||S more than four feet tall require a building permit from the city and a fence on the top to help prevent falls. The design and materials for the retaining vvG||S are subject to staff approval. The city encourages the applicant and designer b] tier the retaining wall and add landscaping along the front, the tiers and the back of the wall. /f\ Show the required sidewalk along Cope Avenue. (3) The tree plan Sh@||: (8) BH approved by the city engineer 0r city environmental manager before site grading or tree removal. /h\ Show vvhena the developer will remove. save or replace large trees. This plan 3hoU include an inventory oJ all existing large trees on the site. (c) Show the size, species and location Of the replacement trees. The spruce and pine trees shall bS8t least eight feet tall (not two and one half /21/2\ inches iD diameter). /d\ Show no tree n3mOvo| beyond the approved grading and tree |innb3. (4) All the parking areas and driveways shall have continuous concrete curb and QVUBr except where the city engineer decides that itiS not needed. (5) The project engineer shall Sub[nitb3 the city o at0rnn water management plan, including drainage and ponding calculations, for the proposal. /0\ Make all the changes and meet all the conditions 83 required by the city engineer and as noted by Michael Thompson in the memo dated April 23.2OU7. U. Submit 8 certificate of survey for all new construction. C. Submit revised |8DdSC8p8 p|@D to staff for approval that iOCO[p0r8L8S or shows the following /1\ The manicured or mowed areas from the natural areas. The native grasses and flowering plants shall be those needing little 0rnomaintenance. Specifically, the developer or contractor shall have the natural areas seeded with 8n upland mixture and |Ovv|8nd mixtures as appropriate. (2) The |OC@tiOn of all large trees on the site. (3) That all new Ln88s vvoU|d be consistent with city standards for size, |ot8LiVn and species. (4) The planting (instead nf sodding) the disturbed an888 around the ponding areas with native grasses and native flowering plants. The native grasses and flowering plants shall bS those needing little O[n0 maintenance and shall extend ot least four feet from the ordinary high vv8t8[ mark (OHVVK8) of the pond. This is to nRduC8 nloiOt8O8nCS costs and io reduce the temptation of people mowing into the pond. 7 (5) The plantings proposed around the building shown on the landscape plan date- stamped (0) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged plantings or tree b8ds\ [7) NO landscaping being out in the Cope Avenue boulevard. The contractor shall restore the boulevard with sod. (8) The relocation of some of the evergreen trees now shown on the landscape plan along the north side of the building and along the south side of the site. These trees are to be ak least eight feet tall, and the contractor shall plant these trees in Gi8QQerRd rows wherever possible. The contractor shall place the trees on the north side of the addition to help break up the large wall and on the south side of the site to reduce the effects of motor vehicle headlight glare onto adjacent residential properties. (9) An underground irrigation system for all landscape areas. d. Submit final, revised north-wall building elevations and material samples and color schemes for the building addition to staff for approval. The revised building elevations for the north side should include placing the downspouts |n the center and in&8gn8| (flUsh)tothe piers. All building materials and windows (including the frames and g|8S3) shall be compatible with the existing bui|ding, including the proposed nnet8| panels that should nn8tnh the color ofthe existing building. 8. Get the necessary approvals and permits from the watershed district. t |f necessary, get any approvals and permits from Ramsey County. g. Get the necessary approval and permits from K4n[DC)T. h. Provide City staff with design details (height, depth and nn8t9ri8|S\ about the proposed retaining walls, including any fencing for those that are more than four feet i8||. i. Provide for city staff approval the final photometric plan that includes information about the height of the pn}p0SHd light fixtures and details about the style of the light fixtures. j The owner shall combine all three properties into one at Ramsey County for tax and identification purposes and provide the city with documentation of this action. k. Submit to the city a letter of credit or cash escrow for all required exterior improvements. The amount Of the escrow shall be150 percent Of the cost Of the work. 3. Complete the following before using the new parking |OtS or before occupying the building 8. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the pondin0 areas, which may be seeded. 8 C. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. d. Install G hand ic8 nQ sign fhr88ChhGndic8p-p8dkingspac88ndanaddnesSonLh8 building. In addition, the applicant shall install "no parking" signs along all the driveways and drive aisles within the site and e|Sevvhena. as may be required by staff. e. Paint any visible roof-top mechanical equipment to match the uppermost part of the building. (code neqViRfnn8nU f. |nSt8|| 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. All 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 Or contractor shall: /1\ Complete all grading for the site drainage and meet all city requirements. C2\ Place temporary orange safety fencing and signs at the grading |irnhS. /3\ Remove any debris or junk from the site. (4) Install the CVrU and gutter, parking lots, sidewalk and retaining walls as shown on the approved project p|ans. 4. If any required work is not done, the city may allow temporary occupancy if: 8. The city d8L8nnin8s that the work is not essential L0 the pVb|h: 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 Vr contractor shall complete any unfinished landscaping by June 1 if the contractor finishes the new parking lot in the fall Or winter Orif the building additions are occupied in the f8|| or winter, or within six weeks Of OCcUpGOCy if the building additions are occupied in the spring Orsummer. c. The city receives an agreement that will allow the city to cVnnp|eL8 any unfinished work. 5. All work shall follow the approved plans. City staff may approve minor changes to the project plans. 0. This approval does not include Sign@gR. All proposed signs must be approved the community design review board and the applicant shall Q8L Sign permits from the city before the insL8||8L|0n of any signs. CITIZENTCOMMENTS City staff surveyed the owners of the 78properties within 500 feet of the site ofthe project site. Of the nine replies, one was for the project, two objected and six expressed comments or concerns. Sounds like o great addition for the city of Maplewood and the surrounding community. /k8GD Partnership — 1387 Cope Avenue) | feel this is too large for the site. We already g6{ music in Our home from there in the aUnl[n8r and the lights are a concern. (Mallet — 2231 Ide Court North) 2. | 8rn sorry this has taken me this long to respond to but | have been hospitalized. | 8nn the resident who owns property and lives at 1356 Cope Avenue, directly across from the proposed expansion for the Corner Kick GVcC8r Center. | am disLn8U0hL at the idea of an expansion of this C8nL8r because of the problems | have dealt with since | have been living at this property for the past seven years. This area iS extremely pleasant tO live iD except for the traffic. | have had t0 cope with people doing business at the Corner Kick Soccer Center directly across from my driveway leaving me no room to get out. They use my driveway to constantly turn around or stop in their cars to talk and even at times have parked in my driveway. There is trash and cigarette butts thrown in my yard and in my driveway which is ridiculous, they use my property as a trash can. Not to mention the broken glass in the street, the paper, food containers, and cigarette packages scattered on my property, the neighbor's property and directly across the street on the grassy area for me to look at and everyone else that lives here and drives by it on 8 daily basis. | have tVdeal with the traffic, noise in the parking lot where the people are not just coming and going but the younger ones are screaming, the teens are blasting their bass On their car stereos and screeching their tires Gt all hours. The music i3 so loud you can feel the bass pulsating through the windows. Then there are the drug dealings which | have witnessed on numerous occasions in the parking |[t. | have called the police department many times regarding the noise and activity. | 8nn not an unreasonable person but to expand this soccer center is only going to expand the problems and make them greater than what already exists. It's not fair nor is it right that these issues and problems go unresolved and greater problems are evident. I ask that you please think long and hard before giving the okay for this project. | know the people who are making this dSCiSiOD do not live here SO it isn't easy for you to UOd8[StGOd vvh8F8 | GQn C0nliOg from. This is my hOnl8 and it should be 8 p|8C8 of comfort, feeling safe, and being respected and not having Lo clean Up after people who use the soccer center facility and parking lot. | 8rn often not 8b|H to sleep because of the blasting music, screeching tires and fowl language. Then there's the voice alarm system that gets set off a lot. The voice loudly says "get away from the building". Again, these might be little things to y0U' but when you live in this area and have tV deal with all [f these things, it's frustrating and annoying. There needs t0be s0DleUliOg done about it! I am not in agreement of the expansion of the Corner Kick Soccer Center for all of these reasons. (Hud8||8-1350 Cope Avenue East) Commmnmnts/Concemns/Questmnm Just make 8Vne you have 8m]Vgh parking —othe[VVise it is OK with VS. It is 8 nice looking building. Good luck. (Weigleitner — 1252 Cope Avenue) 10 2. 1, at1282 Cope and my neighbor at1276 Cope Court agree that we will view the ugly "chicken coop" 8OU of the building. /\ brick fascia would give it more StodiUrD look to uS and to traffic OD English Street. 15-ko0tt02O-fOot spruce trees along English vvOu|d be compromise —small spruce will not hide the ugliness. When the Sherwood strip (SW corner of English Street and Highway 36) was built in 8b0UL 1088 concern about the English Street intersection with Highway 38would present pnnb|8no for the state. It was agreed at that time that this would not occur for 20 years. ||Ovv dOSe are we now (to having an interchange)? 10 years at the most. Is the state being kept up-to-dote? This will increase their acquisition costs when and if they dna project. ThankyOu.(Fr8nz-1282 Cope Avenue) 3. We are very concerned since our home is on a hill that the view of the parking lot be totally screened. We only see 8 few ornamental trees across from our lot. Will there be8 berm k] block our view 0f the parking lot? (Cleland —13O8 Cope Avenue) 4. Will the new addition provide funds to maintain the |8ndSCopiDQ? The current state of the exterior and the land is poor. We wondered if they were going out of business. A|so, will the new parking lot be rented out tO semis and moving trucks too? VV8 are also concerned about increased traffic at English and Cope. (Elliott —2245|dHCourt) 5. Also see the letter on page 44 from Truck Utilities. G. See the e-mail on page 45from Kathy Walters. REFERENCE INFORMATION SITE DESCRIPTION Site size (existing): 3.64 acres Site size (proposed) 0.888Cr8s Existing land use: Existing indoor soccer center building and parking lot North: Highway 36 South: Single and double dwellings across Cope Avenue VV8SL: Commercial center across English Street East Bruce VentoTrail Zoning: M-1 (light manufacturing) Land Use Plan: K8-1 ORDINANCE REQUIREMENTS 88cbVn b\ requires 8 CUP for any building or exterior use in the M-1 zoning district if it is within 350 feet of a residential district. Section 44-1087(@) states that the city council may approve 8 CUP, based On nine standards. 88S numbers 1 — 9 in the resolution starting on page 49. 11 Section 2-290(b) of the city code requires that the C[)RB make the following findings k] approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment Vr occupation in the neighborhood; that iL will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards Orcongestion. 2. That the design and location of the proposed development is in keeping with the character ofthe surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. The city received all the materials for @ complete application for this request On April 0.20U7. State law requires that the city council act onrequests such 8S this within 0Odays. As such, the council normally vvoV|d have toact on this request bv June 4, 2007. City staff, hVvv8v8r. (8s a||0vv9d by state |8vv) extended the time for the city review and action of this proposal until August 1, 2007. p:sao10/Comer Kick Soccer Center revision -20O7 Attachments: 1. Architect's Project Statement 2. Applicant's Project Statement 3. Location Map 4. Address Map 5. Property Line/Zoning Map O. Site Survey 7. Proposed Site Plan O. Proposed Grading Plan S. Preliminary Utility Plan 10. Tree Protection Plan 11. Proposed Landscape Plan date-stamped May 31.2OO7 12. Photometric Plan 13. Addition Floor Plan 14. Central Area Floor Plan 15. West End Field Level Floor Plan 10. Proposed Building Bomahono date-stamped May 31, 2007 17. Proposed Building Elevations dated May 31.2OO7 18. Building Elevation Key Notes dated May 31.2OO7 19. Building Perspective 20. Building Corner Perspective 21. Building Pompaotiwa 22. Engineering Department Comments dated April 23.2O07 23. Building Department Comments dated April 12, 2007 24. Police Department comments dated April 12.2OO7 25. Letter dated April 18, 2007 from Truck Utilities 26. E-mail from Kathy Walters dated April 15, 2007 27. April 3O.20O7. memo from Tom 8ohnweide 28. Engineering Department Traffic Addendum memo dated May 1, 2007 29. Conditional Use Permit Revision Resolution 30. Project Plans (separate attachments) 12 Attachment I IIIE ARCMMM XETWORF- 12445 55 Street Sune A Lake Etwo, MN 55042 March 19, 2007 ARCHUECTURE PLANNING INTERIORS CONSTRUCTION SLTBJECT ative describing the proposed expansion of the Comer Kick Soccer indoor building facility, 13 WIN NOW all 3� m At"E'ac i- Tent 2 April 6, 2007 Summary of current and future parking lot usage for Corner Kick Indoor Soccer 15 Thank you for your time and consideration about the parking and traffic at_ Comer Kick. I welcome any questions or concerns regarding this matter, Z� Ryan Manning Owner — Comer Kick Indoor Soccer M AVE AVE I � F- U) w' U , z ui Q' U' NET COPE AVE COPE AVE Ll LR K AVE w ~ W U W U ..... 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CO X wInk » . y< »? \\? \ ) ; "'Al : 2 4 t , orlallm r � PROPOSED ADDIT EX ISTING BUILDI L �$ W t , orlallm Attacnment IL r te a # RWA Attachment 13 2 - 1 7 "'All Attachment 14 m e Z m e Attachment 1,5, WEST END FIELD LEVEL FLOOR PLAN -- w s Ii WEST END FIELD LEVEL FLOOR PLAN -- w Attachment 76 - ---------------- -- ---------- PROPOSED BUILDING ELEVATIONS 30 I —7 7-11 31 0 7 BUILDING ELEVATION KEY NOTES IM DRIV T 5'5 5 7X-CA; (5NCFE5---Z fn,�e 7rmsTi) , oii PAMC - 02 -WWI R15 -A�4 AUAA�" 570R�T N LA5HN& {BP4NZ-B-� 24 6A, VWCI�0 SFAH S -E-l� -me - Lom ROOF aLkK; ICN - a64!-O' 5M V� �-P-IQC PAR9145 F Z�-=VA 70W - t FREPN15�-= CAF j of, mernk� 5---M4 Pv - A.SHi* MAJ7Z 7-9 6LAI-5 - se a !- 4 N Poc�AzE ExsrN& coR� (Hcgow) 5LOOM fFAJR7 TO H.AT44-. RO��'ALZ MAWW ItAaR.0 #MIW, 5 %TZFM- A - �Dl !X57N�, 24 &A, STA�VIN5 5Ekli I " P, R-XoTIN& 0 7 BUILDING ELEVATION KEY NOTES IM Attachmeqt 19 0 "m �lmm in m BUILDING CORNER PERSPECTIVE N • Attachme �1 L 5 Attachmenll- 22 I, ,g1j:negring Plan Review PROJECT- Corner Kick Soccer Expansion; 1357 Cope Avenue PROJECT NO: 07-09 SUBMITTAL NO: I DATE OF REVIEW 4123/07 V %-V111 I existing soccer fhcility� The addition genetally consists of a replation size indoor soccer field and retail space 1 The project engineer shall design the pond to reflect a 10-toot sA*ty shelf at I -foot below the normal water elevation, If this design is not possible, the engineer may consider or require the installation of a fbur-foot-tall black vinyl�coated safety fence (-.,Vith a gate) around the pond, 1 The project erigineer shall provide a benchmark elevation and location description on each civil plan sheet. 1 The project engineer shall incorporate an"erosioti and sediment control" plan sheet into the plan set to address the issues I have noted below, E m sm� 13, The contractor will need to place additional silt fence or bio-logs, need in the swale on the west side of the development, i i-t ki UbC;b UIV at that entrance for sediment control purposes. The contractor shalt wash off all construction equipment befbre it exits onto Cope Avenue. W. V F—TRUPWIRM approved methods of erosion and sediment control. IFM!M=_ • lill 111 11111 111!! 11111 ir "NOM � I I I Sanitary Sewer 1. The project plans shall show the existing sanitary sewer service to the existing building including the invert elevations. M III I 11111 Iij Q1 Ag erg cylubmitta]s "two M IILIKQI lw�i 11 I ra= i - 0 =1 " Mo M 4. Agency s�bntittals are not necessarily limited to th6se mentioned above, The o and projea engineer shall get all necessaty piermits and sMI satisfy the requirements of all permitting Agencie& O'kercentile Nofthboun& 28 mph Sotnhboun& 31 mph Volume-, Dail LAKerage 3,155 vehicles 2,765 vehicles M mwp Counters on Street — 4/19/07-4/20/07 Volume Dailv Avi Eagtbound/Westbound Combined: 2,982 vehicles m w Attachment 23 am Attachment 24 Maplewood Police Department T(X Ken Roberts, Planner Fraft Lt Michael Shodreed 4nP.4 *9 � I -F;ate. April 12, 2007 M REVJEW — Corner Kick Soccer After reviewing the attached proposal for the Comer KiCK Soccer project, I have the following comments and suggestions: 1111111 1 1016 - 1111mm- =611111011161001 E Attachment 25 Fax: (651)484-0076 City ot"Nelaplewood 011occ of Coinniurnty Develormv. 1930 Cousity Road 13 East Maplewood. 5510 ,\licnijon: Kenn0h 10berts Rc: Nvighlvrbood Sun. orrcr Kick Soccer Centur L-.,Nptfns�C)n Proposal - 1337 Copc Avcnuu, Nlaplcwoud We CIO ))of have any issue Nvith project if) gencraLIP1:1 vv ihivi: serious concern about vfawr nan off (Sce aiwched letter dutcd Nlav 6 2 1 rwe lead a Arta blerz7az that inncwhat i.i going to be done vvitF all the rutiollfflint wili he gerfenaled nov..". an NHIMUMIMMON1 kWj2j1MMW&WM=M -1 1 1 44 Attachment 26 11771MR-MM • heading East on 36. ement for me, but f do hope the traffic patterns, roads, intersections� etc will be is is approved. M Alt 27 SIM" MEMORANDUM TO Erin Laberee, PE City of Maplewood Assistant City Engineer FROM: Thomas A, So Bide. PE, PTOE DATE" April 30, 2007 RE: Corner Kick Expansion SEH No. A-MAPLE0208.00 1111111111 ��1111��pij!1�1111111 11��1111 pill It is our understanding that the expansion will add one soccer field, 12,000 square feet of retail spaoc, and 83 parking spaces. Short Inc.. ?535'vadmars Center DrNte, St. Paul, MN 55110-5196 SEt- is an equal opportunity employer I www,sehinexom 1 6514 90,2000 1 W032521= I 651AX,2150tax M Comer Kick Expansion April }\ 2 007 Pagc 2 a Q Michael Thompson, City of Maplewood M Attachment 28 Page I of I Eneineering Plan Review PROJECT: Corner Kick Soccer Expansion; 1357 Cope Avenue PROJECT NO: 07-09 SURNUTTAL NO: I DATE OF REVIEW: 4/23/07, Traffic Addendum 5/01/07 Traffic Data _Collection'. MM! M WHEREAS, Mr. Ryan Manning, representing Corner Kick Soccer Center, has requested a revision to the conditional use permit for the soccer center. WHEREAS, this permit applies to the existing soccer center property at 1357 Cope Avenue and the vacant properties to the west of the existing soccer center. The legal descriptions are: CORNER KICK LEGAL DESCRIPTION #1 Existing — 1357 Cope Avenue 10- 29- 22- 32 -00 -14 IN SECTION 10, TOWNSHIP 29, RANGE 22, EXCEPT WEST 398 FT; THE PARTS OF HWY 36 & WEST RAILROAD R/W (Bruce Vento Trail) OF THE NW "/4 OF SW 14 (SUBJECT TO ROAD) CORNER KICK LEGAL DESCRIPTION #2 10- 29- 22- 32 -00 -17 SECTION 10, TOWNSHIP 29, RANGE 22, THAT PART OF WEST 398 FT OF SW' /2 OF NW' /4 OF SW % NORTHEASTERLY OF FOLLOWING DESCRIBED LINE; COMMENCING AT SW CORNER OF SOUTH' /2 OF NW' /4 OF SW' /4; THE EAST 342 FEET ALONG THE SOUTH LINE OF SAID SOUTH Y2 OF NW' /4 OF 3 WEST' /4 TO POINT OF BEGINNING, THEN N 91.86 FT PARALLEL TO WEST LINE, SAID SOUTH " / 2 CORNER KICK LEGAL DESCRIPTION #3 10- 29- 22- 32 -00 -18 SECTION 10, TOWNSHIP 29, RANGE 22, THAT PART OF THE WEST 398 FT OF THE SW' /2 OF NW % OF SW % SOUTHWESTERLY OF FOLLOWING DESCRIBED LINE; COMMENCING AT SW CORNER OF SOUTH' /2 OF NW' /4 OF SW 1 /4; THE EAST 342 FT ALONG SOUTH LINE OF SAID' /2 OF NW '/4 OF SW Y4 TO POINT OF BEGINNING; THEN NORTH 91.86 FEET PARALLEL TO WEST LINE SAID SOUTH '/2 WHEREAS, the history of this conditional use permit revision is as follows: 1. On May 1, 2007, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On June 11, 2007, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit revision for the following reasons: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 49 2. The use would not change the ex or planned character of the surrounding area. 5. The use would not deprec property va 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 pO||uUon, drainage, water run-off, vibration. general unsightliness, electrical interference or other nuisances. 5. The use would 08nRn3tS only nlininl8] vehicular traffic 0O |OC8| streets and vvOUN not Crm8tm traffic congestion or unsafe access on existing or proposed streets. 8. The use would be served by adequate public facilities and services, including 3tnset3. police and fire ppnteotiOn, drainage structures, water and sewer systems, aohoO|S 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 fR8tUrHS into the development design. S. The use would cause minimal adverse environmental effects. Approval is subject to the fV||ovvinQ conditions: 1. All construction shall follow the plans date-stamped April 6, 2007 and the plans date-stamped MaV 31, 2007. The city council may approve maor changes to the plans and city staff may approve minor changes to the plans. Such changes shall include: a. Revising the Proiect plans to meet all the conditions of the citV engineer (including the addition of a sidewalk along Cope Avenue) and city staff. b. Revising the building elevations as may be required by staff, the Community Design Review Board (CDRB) or the city council. permit shall beGGMe RWII and VOW. The GOURGil May eXteRd this deadliRe fGF GRe YeaF. 2. The owner or contractor shall start the construction for this permit revision within one year of city council approval or the permit revision shall end. The city council may extend this deadline for one year.� 3. The city council shall review this permit revision one year from the date of approval. 4. The owners/oiperators of the soccer center, the fire marshal and the city buildinci official shall agree on a plan for the soccer center to make the required life safety and building improvements to the existing building. This plan shall include the installation of: 50 a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. The necessary changes to meet the handicapped accessibility code requirements. e. A proper address on the building. f. Anv other changes the fire marshal or the buildina official deem necessarv. 5. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes that the engineer noted in the memo dated April 23, 2007, including the installation of the sidewalk along Cope Avenue. 6.The owner or operator shall be responsible for the maintenance and clean up of the ponding areas on their property. 7. The owner or operator shall post the driveways and drive aisles as no parking zones. 8. The owner or operator of Corner Kick shall ensure that visitors or users of the facility do not cause disturbances or make unreasonably loud noise in the parking lot that disturb nearby residents. The Maplewood City Council adopted this resolution on 17 2007. 51 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 1, 2007 1. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. 11. ROLL CALL Vice-Chairperson Tushar Desai Absent Chairperson Lorraine Fischer Present Commissioner Harland Hess Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Present Commissioner Jeremy Yarwood Present Staff Present: Tom Ekstrand, Senior Planner Erin Laberee, Assistant City Engineer Ken Roberts, Planner Lisa Kroll, Recording Secretary V. PUBLIC HEARING a. Corner Kick Soccer Center, Conditional Use Permit (1357 Cope Avenue) (8:28— 9:08 P.M.) Mr. Roberts said Mr. Ryan Manning, representing Corner Kick Soccer Center, is proposing an expansion and several changes for the soccer center at 1357 Cope Avenue. The proposed soccer expansion area includes a regulation-sized soccer field and other interior improvements, 12,000 square feet of retail space and the addition of 83 off-street parking spaces to the site (including 27 underground parking stalls). The proposed soccer center and retail building additions and parking lot expansion will meet the city's findings of approval for a conditional use permit. As noted by the city engineer, they do not expect the increase in people on the site to pose a problem for the neighbors or cause additional traffic issues on the nearby streets. However, they are doing traffic counts and a traffic analysis to verify the traffic situation with this proposal. Staff gave the commission some handouts with additional information regarding the traffic data prior to the start of this evening's meeting. Commissioner Hess said he was looking at the roof area and it appears there will be 81,000 square feet of new roof. He wondered if the runoff from the roof would be adequately taken care of? Ms. Laberee said that was one of the engineering comments to the applicant regarding providing adequate infiltration for this site, and that has yet to be addressed. Planning Commission -2- Minutes of 05-01-07 Commissioner Hess said regarding the architectural considerations of the building, it appears there are many square feet of flat metal panels especially on the north and west side. It appears some of the vegetation has already been removed. He was curious what the eave height would be on the new building and how much exposure there would be on English Street and Highway 36. He asked if they could trim the wall out with architectural features? It appears they have brick along the north wall and on the west face but he doesn't think they went far enough to make the building appealing enough. Mr. Roberts said staff touched on that in the staff report on pages 3 and 4 and a condition was added at the top of page 8. The CDRB will review that during their meeting. Staff spoke to the architect about that as well, so they are aware of the concern. Commissioner Hess said he looked at the Highway 36 expansion and it looked as though there were some reservations about the building addition with the future road reconstruction project of Highway 36. Because the city doesn't know what the plans are for the redesign of Highway 36, he wondered how much easement area is needed for that, and will this building addition for Corner Kick be affected by this? Mr. Roberts said the city thinks the expansion of Highway 36 will happen in the next 10 years or so, but there has been no final design, timeline or money implemented for that project, and it appears to be on the wish list. Mr. Roberts said Chuck Ahl, the Public Works Director, said he didn't think the city should hold this project up for the future reconstruction of Highway 36. Commissioner Trippler said he didn't see a date stamp on the large plans or the small plans for Corner Kick. Mr. Roberts said that was staff's oversight. Commissioner Trippler asked if the plans should be date stamped April 6, 2007? Mr. Roberts said that was the last date staff has for plans. Commissioner Trippler said he lives in the area and knows the city put up traffic counting strips on Cope Avenue and English Street. He asked what the traffic results were from that count? Mr. Roberts said staff just received that traffic count report and prior to the start of tonight's meeting staff handed those results out to the commission. This included a traffic summary of current and future estimates from the applicant, Ryan Manning, and a memo from SEH regarding parking and traffic and the engineering plan review with traffic data collected for English Street and Cope Avenue from Maplewood Engineer, Michael Thompson. Commissioner Trippler didn't have the opportunity to review the information yet and said it would have been nice to receive that information before this evening. Planning Commission -3- Minutes of 05-01-07 Mr. Roberts said there is definitely traffic in this area but the traffic counts are nowhere near what the vehicle capacity is on Cope Avenue. The State Highway department wants to keep traffic on Highway 36 moving, so the traffic light doesn't change as often as drivers on English Street would like, so that is an inconvenience for those cars waiting on Cope Avenue and Highway 36. Commissioner Trippler said he sees a safety issue coming up Cope Avenue to the intersection at English Street trying to make a left -hand turn onto English Street going south. Because English is crowned just before that location, you cannot see a car coming until they are less than 1 /2a block away. If you want to take a left -hand turn and you are sitting there, many times a car wants to make a right-hand turn, and they pull up and they are sifting there because they can't see if anybody is coming on the left, so they pull forward so you can't see if anybody's coming on the right. You also have to keep track of cars coming from the other direction on Cope Avenue that want to go straight across. That intersection is a nightmare. This additional traffic is going to add to the problem at Corner Kick. He said he doesn't have a solution for it other than a four-way stop, but he didn't know if that would work either because when that light turns green you have 30 seconds to make it or else you sit there for a long time. Ms. Laberee said there is no easy, obvious solution for this intersection. She said she presented the traffic count data to the consultant engineer, Tom Sohrweide at SEH, and we found there were over 3,400 cars per day on Cope Avenue and over 5,800 cars per day on English Street. The consultant engineer took a look at the applicant's traffic count and he didn't think this proposal would have any significant impact on how Cope Avenue and English Street would operate. As far as a four-way stop at this location, she mentioned that to him which may or may not be warranted at this location. It would require a very in-depth traffic study and it could make the situation worse, but it's independent of this development. This development will definitely add cars to this area, but it won't have an impact on how Cope Avenue operates. The traffic is bad now and it's going to be bad in the future, but this project won't make it a lot worse. Commissioner Trippler said he didn't think that the number of trees that were being proposed along Cope Avenue was adequate enough to provide a light barrier for the homes on the south side of Cope Avenue if cars pull into the parking spaces at night. The car lights are going to shine straight across Cope Avenue and into their homes. He asked if there would be some sort of a barrier or fence or are we just relying on the trees as a barrier from the car lights? Mr. Roberts said that western parking area is below grade by at least 5 feet on Cope Avenue, so that shouldn't be a problem. The parking lot does get reconfigured but it's fairly flat, and staff is recommending a condition that more trees be planted to beef up potential concerns. That is something the CDRB will review at their meeting. Commissioner Trippler said he read the letter from Leo Capeder from Truck Utilities, Inc. at 2370 English Street at Highway 36. The letter stated they have serious concerns about water runoff and to see the attached letter dated May 6, 2003. The planning commission didn't receive that letter. Does staff remember what was in the letter dated May 6, 2003? Planning Commission -4- Minutes of 05 -01 -07 Mr. Roberts said there was talk of a proposal going in on this corner that never went anywhere and Mr. Capeder has been concerned that there could be additional water runoff that may affect the Truck Utilities property. Michael Thompson from engineering has spoken to Mr. Capeder about those concerns and has started an investigation of what is going on with his property. The summary of the drainage on this property is that the city is going to require that all the new storm water generated from this project be contained to a minimum standard on this site so it doesn't run downstream and affect the Truck Utilities property. Commissioner Hess said he lives in this area too and he would be in favor of a four -way stop in the location that Commissioner Trippler mentioned earlier. The traffic on Cope Avenue sometimes assumes that you have a stop sign, so the cars pull out in front of you. Cars coming up and over the crown that commissioner Trippler mentioned speed, which is a safety issue, especially if cars aren't stopping at that intersection. There isn't much room to react to traffic there. Commissioner Walton said regarding the drainage issue and the impervious surfaces created with this project, have you thought of any alternatives for this site like pervious pavement for the parking lot? Ms. Laberee said Michael Thompson has spoken to the engineer about different methods of BMPs that can be installed. The developer has yet to submit that information to engineering to show they will meet the 1 -inch infiltration requirement. Commissioner Walton said it looks like you are going to have a holding pond on the site to the north. Ms. Laberee said that's what is shown now but there is some work that needs to be done before engineering will sign off on this plan. Chairperson Fischer asked the applicant to address the commission. Mr. Ryan Manning, the owner of Corner Kick Soccer Center, 1357 Cope Avenue, Maplewood, addressed the commission. Mr. Mike Hoefler, AIA, CID, ARCHNET, 12445 — 55 Street, Suite A, Lake Elmo, addressed the commission. Mr. Hoefler thanked the commission for their time and the review of this project. He said they are excited about this project and this will be a great improvement to the area. They have taken into account many design ideas that they feel will enhance the existing structure as well as create a new building that is a nice asset to the area and neighborhood. Some concerns that came into play during the design is that we have been very sensitive to the site lines for both the building and parking lot. A lot of landscaping will be created on the site. He said they have talked to nurseries and landscape companies and reviewed the plantings, the landscaping and tree requirements of the city. The placement of the landscaping is set to screen and to enhance the area. The comment that was made earlier regarding the parking lot lighting off Cope Avenue as you travel along Cope Avenue heading towards the west, a smaller berm has been created in that area with more deciduous trees. Planning Commission -5- Minutes of 05-01-07 Mr. Hoefler said where the parking lot drops down we have created evergreen material to create screening where it's needed because the car lights would shine above the curb line. Regarding the building, they looked at metal and along the south they created brick, stucco and a generous amount of glass, which are all Class A materials. Staff called him regarding the English Street side as well as the north and they created a couple of different ideas using skylighting materials and Cal Wall panels for additional daylight into the field as well as some masonry accents and columns. We have also created a parapet along the English Street side so you wouldn't see the angled pitch of the roof. It will be one flat parapet which steps up to some crown molding giving it more of a commercial appeal. The amount of metal that they have proposed along with these accents and Cal Wall inserts will give a nice balance to what the existing facility has to offer and will create a very nice look. In addition to the building materials, we are creating additional fire safety, handicapped accessibility and new elevators and bathrooms to meet the ADA requirements. He and Mr. Manning appreciate the commission's time and look forward to building a nice project. Commissioner Hess said he was curious about the eave height of the tallest part of the building. Mr. Hoefler said the eave height is 35 feet from the lowest point which would be on the Highway 36 side. The south side is engaged into the hill about 20 feet in vertical height from the Cope Avenue elevation and 35 feet from the Highway 36 elevation. Commissioner Hess asked regarding the grade what is the finished floor relative to the English Street elevation of the street? Mr. Hoefler said it varies, but from the intersection of English Street and Cope Avenue the soccer field floor is about 20 feet below that elevation, so the retail floor is at 904 feet and the intersection is at about 906 feet. Commissioner Hess said if you are driving up the sloped surface of English Street and you are driving south, looking to the left, and you see the west face of the new building, how much of the roof are you going to see because this is a very large roof? Mr. Hoefler said the height of the building from Highway 36 at the eave height is 35 feet, so as you progress up to Cope Avenue it will be reduced because you are traveling uphill, so from that perspective it's about 20 to 35 feet. Commissioner Hess asked if that area of the building was going to have the parapets put in? It also looks like you have shielded the HVAC units. Mr. Hoefler said yes. Commissioner Hess said his boys play soccer here and he noticed a lot of injuries occur during the games. He asked if there are any plans for a first aid station? Mr. Manning said to be honest with you, we can't afford that. As far as a first aid station, we have discussed that and we would consider that. Maybe converting a storage room to a first aid room would be a possibility. Planning Commission -6- Minutes of 05-01-07 Commissioner Hess said he wondered if a nurse could be there during heavy soccer-playing times such as on the weekends. He is concerned that if a child has a concussion or gets injured that it would be nice to have a place for kids to lie down. He said his soccer team is lucky enough to have around a parent of one of the soccer players who is a doctor. Mr. Roberts said if you could have a dedicated room such as a quiet room if the kids needed it, which would be nice. Mr. Manning said that would a reasonable request. He said we don't get rich off of this facility. We do this because we love soccer. Commissioner Yarwood said regarding the applicant's estimates of current and future traffic counts to the facility, under the average number of vehicles per hour it looks like you divided the entire number of vehicles per day by the number of hours that Corner Kick is open. What are your peak hours of operation? Mr. Manning said the peak hours are 5:30 to 7:30 p.m. during the week, which are slower, and the weekends are busy. There is no peak time on weekends. We are busy from 7 a.m. until 9 p.m. or later at night which is very consistent from November to April. Chairperson Fischer asked if the applicant has any problems or questions with the conditions in the staff report? Mr. Hoefier said no, they have reviewed the report and do not have any problems with the conditions listed. Chairperson Fischer opened up the public hearing. Ms. Ann Cleland, 1308 Cope Avenue, Maplewood, addressed the commission. She lives on the corner of Cope Avenue and English Street. She said she wrote to the commission that she was very concerned about this proposal since her home is on a hill and that the view of the parking lot should be totally screened. She said they only see a few ornamental trees across from their lot. She asked if there would be a berm to block the view of the parking lot? She is concerned about page 7, number (7), which states no landscaping put in the Cope Avenue boulevard. The contractor shall restore the boulevard with sod. It looks like on the plan there are going to be 3 crab trees proposed, and that doesn't block much from her perspective. She asked about the sidewalk and what side of the street the sidewalk was proposed for? Mr. Roberts said the engineering department is recommending the sidewalk on the side of the street that Corner Kick is located. To clarify, page 7., condition number (7), means that the city doesn't want trees or bushes planted in the street boulevard that is city property. The city wants the landscaping to be on the private property. The public boulevard between the curb and the property line is where the city wants grass. It's not to say the city doesn't want landscaping between the parking lot and the street, but it has to be kept on the private property, not on the city property. Ms. Cleland asked what type of a store they are proposing? Planning Commission -7- Minutes of 05 -01 -07 Mr. Roberts said staff understands that the applicant is going to lease retail space to whomever they can lease to. That could include a coffee shop or it may include a soccer store, etc. Ms. Cleland said she is sure the day is coming that Highway 36 and English Street will be an exit or on /off ramp. If you know that highway expansion is coming in the future, wouldn't you turn the building addition north -south so that when that expansion happens there is room for the Highway 36 expansion? Mr. Roberts said staff has seen four or five different designs reconfiguring Highway 36 and to try to determine how much property would be needed for this future project, the city can't do that and there is no money in the budget right now to acquire more property for roads or ramps or any of the above. As Chuck Ahl, the Public Works Director said, the city just doesn't know enough to say no to this proposal at this time. Ms. Cleland asked if this would be grandfathered in? Mr. Roberts said the worse case scenario is the state or the city would have to buy part of the site and a portion of the addition may have to go away. Commissioner Trippler said when the site is graded out to the west that it is going to be at your corner, that parking lot is going to be 5 feet below ground level so when a car pulls into a parking space the lights would have to go up to get to Cope Avenue, so there shouldn't be a problem for you. Ms. Cleland said she wasn't thinking of the car lights, she was thinking of having to look at the building addition itself and she was thinking it would be nice to have large trees to block her view of this addition out the front of her house. Commissioner Trippler said that property was always zoned M -1 so it could have been a factory or something rather than this addition proposed. Commissioner Hess asked if her house faces the south side? Ms. Cleland said her house faces the north and will look at the south elevation. Commissioner Hess said that is where the nicest features of the addition are. Chairperson Fischer asked if there was anyone in the audience that wanted to address the commission. No other audience members came forward. Chairperson Fischer closed the public hearing. Commissioner Trippler moved to adopt the resolution on pages 46 -48 in the staff report. This resolution approves a revision for the conditional use permit for Corner Kick Soccer Center at 1357 Cope Avenue. Maplewood bases this permit revision on the findings required by the code and it is subject to the following conditions (the additions are underlined and the deletions are crossed out): Planning Commission -8- Minutes of 05-01-07 1. All construction shall follow the project plans date - stamped April 6, 2007. The city council may approve maior changes to the plans and city staff may approve minor changes to the plans. Such changes shall include: Revisinq the project plans to meet all the conditions of the city en-gineer (including the addition of a sidewalk along Cope Avenue) and city sta Revising the building elevations as may be required by staff or the Community Design Review Board (CDRB). 2. The owner or contractor shall start the construction for this permit revision within one year of city council approval or the permit revision shall end. The city council may extend this deadline for one year. 3. The city GGURGil Ghall Feview this peFFnit iR eRe yeaF. 3. The city council shall review this permit revision one year from the date of approval. 4. The owners/operators of the soccer center, the fire marshal and the city building official shall agree on a plan for the soccer center to make the required life safety and building improvements to the existing building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire Protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. The necessary changes to meet the handicapped accessibility code requirements. e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessary. 5. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes that the engineer noted in the memo dated April 23, 2007, including the installation of the sidewalk along Cope Avenue. 6. The owner or operator shall be responsible for the maintenance and clean up of the ponding areas on their property. 7. The owner or operator shall post the driveways and drive aisles as no parking zones. 8. The owner or operator of Corner Kick shall ensure that visitors or users of the facility do not cause disturbances or make unreasonably loud noise in the parking lot that disturb nearby residents. Planning Commission -9- Minutes of 05-01-07 Commissioner Pearson seconded. Ayes — Fischer, Hess, Pearson, Trippler, Yarwood, Walton The motion passed. This item goes to the CDRB on May 8, 2007, and to the city council on June 11, 2007. MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 8, 2007 Chairperson Olson called the meeting to order at 6:00 p.m. II. ROLL CALL Board member John Demko Absent Vice-Chairperson Matt Ledvina Present Chairperson Linda Olson Present Board member Ananth Shankar Present Board member Matt Wise Present Staff Present: Shann Finwall, Planner Lisa Kroll, Recording Secretary V1. DESIGN REVIEW a. Corner Kick Soccer Center — 1357 Cope Avenue Ms. Finwall said Mr. Ryan Manning, representing Corner Kick Soccer Center, is proposing an expansion and several changes for the soccer center at 1357 Cope Avenue. The proposal is for a soccer expansion including a regulation-sized soccer field and other interior improvements, 12,000 square feet of retail space and the addition of 83 off-street parking spaces to the site (including 27 underground parking spaces). They are proposing to use a variety of materials and colors with this project to make it attractive and compatible with the existing building. The proposed materials include rock-faced block, EIFS, prefinished metal siding and roofing and face brick columns and accents. As proposed, the colors would include tan dryvit or stucco, beige metal wall panels, two brown colors of rock-faced block, a dark red face brick and black store fronts and metal roof sections. Staff agrees that the proposed building additions would be generally attractive and would be compatible with the design and materials of the existing soccer center. However, it also is important to note that the west and north sides of the building will be very visible from English Street and from Highway 36. As such, the design of these elevations and their view from the public streets is critical. Staff is recommending that the project architect add more features and details to these elevations to help give these elevations more character and to break up the large wall areas. Such changes could be, but should not be limited to, adding windows or skylights (as shown on the south wall), vertical columns of brick or rock-faced block, additional horizontal banding and the planting of more or taller trees in the landscaping. The building elevations in the project plans show the painting of the concrete block on the existing building to match the rock face block on the building addition. The city will want to ensure that the wall panels and the concrete block on the existing building are in good repair and that they will match the building addition after the completion of the project. 'Community Design Review Board 2 Minutes 05-08-2007 The applicant should revise the landscape plan to add plantings in the ponding area so it would be consistent with Maplewood ordinance standards. The plans should provide details on the sizes and types of shrubs that are proposed for the areas near the building and shall show the spruce and pine trees at least 8 feet tall at the time of planting (not 2 1 /2 inches in caliper, balled and burlapped) as noted on the landscape plan. In addition to the above, the city code requires all landscape areas to have underground irrigation, and turf areas should be sodded (except for mulched and edged planting beds). Board member Ledvina asked if the planning commission discussed the potential concerns of this proposal and the future reconstruction of English Street and Highway 36? Ms. Finwall said yes that was discussed at length at the planning commission meeting May 1, 2007. Board member Ledvina said he wanted to make sure that was discussed at length so the board doesn't need to discuss it. He said he is concerned about the amount of impervious surface on this site and he asked if there was an impervious standard with the engineering department and if this had been reviewed by the Ramsey Washington Watershed District and what the status may be? Ms. Finwall said this isn't located within the shoreland overlay district so city code doesn't specify a maximum impervious surface area. She referred the question about the watershed district to the applicant. Board member Shankar said it appears the site is either building or parking lot, he asked if there was requirement for green space for this site? Ms. Finwall said perhaps the applicant can give an estimate of green space on the site. There has been green space provided in the building and parking lot setback areas and the additional green space where the water retention pond will be located. Board member Wise said he noticed in the staff report that there was a suggestion for additional window features and he asked if staff considered the impact that would have on the neighbors in terms of the light that would be omitted? Ms. Finwall said staff requested additional window treatments but those would be facing Highway 36 and would not affect the neighbors to the south. Chairperson Olson asked the applicant to address the board. Ryan Manning, owner, Corner Kick Soccer Center at 1357 Cope Avenue, Maplewood, addressed the board. Mike Hoefler, Architect, Archnet, 12455 — 55 Street, Suite A, Lake Elmo, addressed the board. He said they reviewed the recommendations and have agreed to the terms that Community Design Review Board 3 Minutes 05-08-2007 have been outlined in the staff report. Ken Roberts called us and stated he wanted them to review the English Street elevation as well as the Highway 36 elevation, which they have done. They brought drawings for the board to see this evening. The height of the building from English Street and Cope Avenue is about 20 to 22 feet high from the front of the building to grade. The elevation at the Highway 36 side is 35 feet tall to the eave so that is the difference between the two. The peak of the roof is 55 feet off the soccer floor which is based off the grade of the Highway 36 side. There was a traffic study done by SEH and that information was provided to the planning commission. It was determined that traffic would increase but it would not be a negative impact on the area. The review by the Ramsey Washington Metro Watershed District is underway with the civil plans for the drainage and utilities. He said they have a sample materials board for the board to review and they appreciate the board's time and look forward to an exciting project. Chairperson Olson asked the applicant to go through the materials for the board. (Mr. Hoefler described the building materials away from the microphone and camera). Chairperson Olson asked Mr. Manning if he was sure he had addressed the future parking overflow situation and that this plan would appease the neighbors based on the plans presented with this proposal? Mr. Manning said yes, we will try to limit the mass entrance and exits to the site. We have three soccer fields, a store, and training facilities, in essence we are just adding one very large soccer field. It doesn't change the number of kids that will be playing per team. Commissioner Ledvina said he read the comments from the residents that live off Ide Court who are concerned about the aesthetics of this building and what they would see. He wasn't sure if the residents from Ide Court could even see the center. Those residents are almost a half a mile away from this site. Mr. Manning said he wasn't aware of any comments. Mr. Hoefler said there were a few comments from one resident regarding the lights shining into her home from the parking lot but that was all he was aware of. Some comments staff had included in the staff report from residents living on Ide Court were: 1. We already get music in our home from there in the summer and the lights are a concern. 2. Who will take care of the landscaping? The current state of the exterior and the land is poor. We wondered if they were going out of business. Will the new parking lot be rented out to semi and moving trucks to park too? 3. Concerns about the traffic being backed up on Cope Avenue and Highway 36. 4. Concerns about the trail crossing near their building for kids on bikes, older people and people walking dogs. Chairperson Olson asked if they had any comments regarding the landscaping in the staff recommendations? Community Design Review Board 4 Minutes 05-08-2007 Mr. Hoefler said they can add pine trees to the site but as it is he thinks they are basically starting their own nursery with this project with the staff requirement to have 165 trees on the site. Nursery staff laughed at him when he went to get quotes for the number of trees that they are required to replace on the site with the landscaping plan. They could shift trees around but he said they are running out of space on the site other than to plant trees along the north edge. In fact they actually had a hard time spacing the trees on the site because there were so many trees required. Chairperson Olson asked if they had any concerns with the recommendations in the staff report? Mr. Hoefler said they reviewed the staff report and agree with the conditions and look forward to an exciting project and they want to be a good neighbor and will do a great job on this project. Chairperson Olson said she likes the idea of the Cal Wall and she isn't worried about the light being omitted to the west. This project will be a nice enhancement to the area. She thinks there are too many trees on this site and the landscaping plan looks too crowded. Ms. Finwall said the applicant was required to replace quite a few trees and it appears that much of the setback area is full of trees. There is room to shift trees to the north side of the site along Highway 36. Chairperson Olson asked staff if they preferred trees be added to the site or would it be okay for them to shift trees that are already on the landscaping plan to the north side around the pond? Ms. Finwall said the board could recommend some of the trees on the landscaping plan be shifted to the north side. Chairperson Olson asked about the retention pond, the grading and if the soils had been surveyed yet? She asked if the soils in the area can absorb the runoff from this roof and from the site without causing damage? She asked if this is a decorative pond on the north side? Ms. Finwall said she would have to refer to Michael Thompson's engineering report in the staff report which states they shall show the pond overflow location, it should reflect a 10- foot safety shelf at 1-foot below the normal water elevation. The drainage structure just upstream of the pond must have a minimum 3-foot sump in order to collect sediment and other pollutants. Board member Ledvina said the regional storm water flow is from the area and drains north under Highway 36 via a 24-inch culvert, so there is flow from that site. It will be treated by the pond but it will not be infiltrated in that location. Chairperson Olson asked if staff was looking for the materials that would be used on the retaining wall? Ms. Finwall said staff was referring to the engineering department's review of the grading plans. The plan points to where the retaining wall would be located in the center of the parking lot near the drive aisle, engineering requested a guard rail fence to be required on top of the wall on the north side of the retail parking ramp. The city also may require a fence at the top of the retaining wall to be determined by the building department due to the height of the retaining wall, and that a permit is needed for a retaining wall over four feet in height and a licensed professional shall design such walls. So far the applicants have not specified the material to be used for the retaining wall if that is a concern of the board. Board member Ledvina said the board could request the applicant submit the retaining wall material subject to staff approval. Chairperson Olson said that would be appropriate. She said she was very grateful to see the perspective elevations; it was much easier to understand the plan showing the extensions and the jet outs, particularly over your windows. She knows that's an extra effort on the applicant's part and she thanked them for the additional effort put forth. Board member Shankar asked what the dark vertical lines were and what they represent as shown on the elevation. Mr. Hoefler said those four dark vertical lines represent downspouts. Board member Shankar asked why the downspouts weren't the same dimension from the brick pilasters in all four bays? Mr. Hoefler said they can be. Board member Shankar asked why the downspouts weren't dividing the Cal Wall and the metal panel at that location? Mr. Hoefler said the downspouts will be in the middle of the piers. Board member Ledvina asked if that meant the downspouts wouldn't be seen? Mr. Hoefler said they will be pocketed and flush with the block. Board member Shankar asked why the architect chose to use EIFS on the south side but the applicant still wants to use the metal panel on the west and north side? Mr. Hoefler said they have proposed the elevations to match the existing facility. They are not reclading the existing soccer field facility. 90% of the south elevation is covered with the new elevation. Board member Wise asked for clarification regarding the signage. He asked if the applicant only had one tenant, how many signs would they be allowed? Community Design Review Board 6 Minutes 05 -08 -2007 Ms. Finwall said the city code requires a multi - tenant with five or more tenants to have a comprehensive sign plan which would be approved by the CDRB. Board member Wise asked if the applicant only had one shop would the signage go through staff for approval and how many signs is Corner Kick entitled to? Ms. Finwall said this is located in the M -1 light manufacturing zoning district so within that zoning district they would be allowed signage based on the largest wall surface area according to the sign code. If they had under five tenants they would be required to meet city code and obtain permits for approval from staff. Board member Wise said he is concerned about the comments made by the residents on Ide Court and their visibility of Corner Kick. He is also concerned about the signage on the building. He said he lives near Super America and is aware of the impact their backlit signs have on the neighborhood. He didn't think the new trees would block the lit signage. Mr. Hoefler said at this time there aren't any tenants, however, he said they would comply with the sign ordinance and at that time, they would bring in the sign drawings and apply for permits for approval from the city. Ms. Finwall said the Corner Kick expansion requires a CUP because it's located within 350 feet of residential property. While it's not the CDRB's responsibility to make conditions on the CUP, it's certainly something that staff could look at as far as the CUP, adding a condition that all signage shall come back to the CDRB regardless of the number of tenants. •- • i • • F •. • •- . • • • ••• •-. Board member Ledvina said he thinks the south elevation will work well and it is compatible to the surrounding land uses. He thinks the west elevation is very nice with the changes the applicant has made, but he is still very concerned about how the added building height is going to look on the north elevation. When you are going to have a building with a 55 foot vertical impact, it's a concern. He understands that is the lower part of the site, relative to Highway 36 and there will be a lot of plantings. He likes the design concept but looking at this from the north this is really a large building. Board member Shankar said the applicant said they are using the metal panels because there are metal panels on the existing building, but he is not convinced that is the right thing to do. He thinks that all the metal panel on the north elevation is doing is accentuating the verticality of the building and make it look like it really is 55 feet tall and he is concerned about the transition between metal panel and the Cal Wall. He feels the EIFS on the south side that the applicant has proposed would be more appropriate on the north and west side. Especially when you put it along side a Cal Wall translucent panel. He proposes to get rid of the metal panel on the north and west wall and substitute it with EIFS. Mr. Hoefler said the intent isn't always to construct things that are of a higher cost. Our design was outlined around the existing building to pick up on the metal panel, raise the Community Design Review Board 7 Minutes 05-08-2007 rock face masonry and create piers to break up the north wall and to engage in metal. We provide and install metal on some very high end buildings. It's not an inferior product; it's viewed as such, because of the application on big buildings that look like pole barns but this is a metal ribbed system that isn't the same corrugated type. The intent is to create something to tie into the existing building and to carry things through. Chairperson Olson said she didn't have a problem with that. She wasn't thrilled with the original elevations but the way they have been revised and the materials that have been submitted this evening, she feels comfortable with the proposal. She doesn't have a problem with metal panels being used on this building. She isn't threatened by the height and the size of this building because it's such an open expanse on Highway 36. The north side of the building will face traffic on Highway 36 and she is comfortable with the design as it is presented this evening. Board member Shankar said even though the building elevation on the north side will face traffic; that will be the elevation that most people will see as they drive by. Board member Ledvina said at one time the CDRB spent a lot of time on the design of Menards on Highway 36 which is a similar size building. Even though this building has a little bit of a different scenario it is still important to have the building look nice from Highway 36. It's hard for him to picture the scope of this structure vertically. They have done a very nice job on this building and he likes the improvements the applicant has made, but he is cautious about the vertical impact of the building, especially on the north elevation. Chairperson Olson said the proposal for the soccer center is a substantial addition and impact to the neighborhood and if the board had been presented with the original proposal she would not have been in favor of the proposal but with the Cal Wall she thinks they made an effort to make this addition much more appealing. Board member Ledvina moved to approve the plans date-stamped April 6, 2007, (site plan, landscape plan, grading and drainage plans and building elevations) and the building elevations submitted at the May 8, 2007, community design review board meetin for Corner Kick Soccer Center. The city bases this approval on the findings required by code. This approval is subject to the applicant or contractor doing the following: (additions to the motion are underlined and deletions are stricken). 1. Repeat this review in two years if the city has not issued a grading permit or a building permit for this project. 2. Complete the following before the city has not issued a grading permit or a building permit for this project. a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk, driveway and parking lot plans. The plans shall meet the following conditions: (1) The erosion control plan shall be consistent with city code. 'Community Design Review Board Minutes 05-08-2007 =0-1 offs 4=0 F-UP1151111111 (a) Including building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100 -year high water elevation for the ponds. (b) Include contour information for all the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be 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" native 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 and a fence on the top to help prevent falls. Retaining wall design and materials are subiect to staff aDDroval. The aDDlicant is encouraged to tier the retaining wall and add landscaping along the front, tiers, and the back of the wall. (f) Show the required sidewalk along Cope Avenue. (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 the size, species and location of the replacement trees. The spruce and pine trees shall be at least eight feet tall (not two and one half (2 1 /2 ) inches in diameter). (d) Show no tree removal beyond the approved grading and tree limits. 'Community Design Review Board 9 Minutes 05-08-2007 (4) All the parking areas and driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (5) The project engineer shall submit to the city a storm water management plan, including drainage and ponding calculations, for the proposal. (6) Make all the changes and meet all the conditions as required by the city engineer and as noted by Michael Thompson in the memo dated April 23, 2007. b. Submit a certificate of survey for all new construction. C. Submit a revised landscape plan to staff for approval that incorporated or shows the following details: (1) The manicured or mowed areas from the natural areas. The native grasses and flowering plants shall be those needing little or no maintenance. Specifically, the developer or contractor shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (2) The location of all large trees on the site. (3) That all new trees would be consistent with city standards for size, location and species. (4) The planting (instead of sodding) the disturbed areas around the ponding areas with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of people mowing into the pond. (5) The plantings proposed around the building shown on the landscape plan date-stamped April 6, 2007, shall remain on the plan. (6) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged plantings or tree beds). (7) No landscaping being put in the Cope Avenue boulevard. The contractor shall restore the boulevard with sod. (8) The relocation of some of the evergreen trees currently called out in the landscape plan addiRg of Fmere eveFgFeeR Uees j' ill ' Community Design Review i•. • Minutes 05-08 r,PFUGe eF n us t F ia„ pines along the north side of the building and along the south side of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows wherever possible. The contractor shall place the trees on the north side of the addition to help break up the large expansive wall and the south side of the site to reduce the effects of motor vehicle headlight glare onto adjacent residential properties. d. Submit revised north building elevations and material samples and color schemes for the building addition to staff for approval. The revised building elevations for the west aP4 north sides should include placing the downspouts in the center and integral (flush) to the piers. PAP f°° +„r°° and building • windows (including the frames and glass) be compatible existing building, i • the proposed panels which should match the c olor of • building e. Get the necessary approvals and permits from the watershed district. If necessary, get any approvals and permits from Ramsey County. g. Get the necessary approval and permits from MnDOT. h. Provide city staff with design details (height, depth and materials) about the proposed retaining walls, including any fencing for those that are more than four feet tall. Provide for city staff approval the final photometric plan that includes information about the height of the proposed light fixtures and details about the style of the light fixtures. The owner shall combine all three properties into one at Ramsey County for tax and identification purposes and provide the city with documentation of this action. k. Submit to the city a letter of credit or cash escrow for all required exterior improvements. The amount of the escrow shall be 150 percent of the cost of the work. 3. Complete the following before using the new parking lots or before occupying the building addition. a. Replace property irons that are removed because of this construction. 'Community Design Review Board Minutes 05-08-2007 b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding areas, which may be seeded. C. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. d. Install a handicap - parking sign for each handicap-parking space and an address on the building. In addition, the applicant shall install "no parking" signs along the driveways and drive aisles within the site and elsewhere, as may be required by staff. e. Paint any visible roof-top mechanical equipment to match the uppermost part of the building. (code requirement) f. 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. All light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent properties. 9- The developer or contractor shall: (1) Complete all grading for the site drainage 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. (4) Install the curb and gutter, parking lots, sidewalk and retaining walls as shown on the approved project plans. 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 contractor finishes the new parking lot in the fall or winter or if the building additions are occupied in the fall or winter, or within six weeks of occupancy if the building additions are occupied in the spring or summer. C. The city receives an agreement that will allow the city to complete any unfinished work. 'Community Design Review Board Minutes 05-08-2007 1 5. All work shall follow the approved plans. The planning •epartmen A G0MFRURit�,'d8Vel0PFRe4# may approve minor changes. • This approval does not include signage. All proposed signs must be awroved by the community desiqn review board. of signs. Board member Wise seconded. Ayes — Ledvina, Olson, Shankar, Wise The motion passed. This item will go to the city council on June 11, 2007. Chairperson Olson thanked the applicant for bringing in the sample material board because having the colored samples helps the board understand how the building is going to look. Agenda Item L2 TO: City Manager FROM: Tom EhStn]Dd Senior Planner SUBJECT: CoskomSkmmm LOCATION: Beam Avenue East Cf Highway 01 DATE: May 30.2OU7 Project Description COGtCVVVh{d8sa|8 Corporation is proposing to build 8 158,000-square-foot membership warehouse/retail building on the north side of Beam Avenue, at the easterly side of the recently approved K8Ogr8O Retail Addition planned unit development /PU[]\. The proposed store will include 85 tire center and 84.U00'sqU8r8-fVOLliquor store. There would also be ofr8eSt8ndiDg gasoline station fOrCo3tCO members in the southwest corner of the site. Requests The applicant is requesting that the city council approve the following: • A conditional use permit (CUp) for fuel sales and for the tire-service center. • A parking waiver to have 39 fewer parking spaces than the city code requires. DISCUSSION The warehouse/retail function iS8 permitted use inthis zoning district, and staff sees no problem with the proposed fuel sales and tire-service center. Both uses would comply with the findings for approval [f8 CUP and vv0V|d fit well within the K80Qr8n Retail /\dditionPU[]. With the amount of parking spaces proposed, staff feels that it is a reasonable request to have |9SS than the required number Ofparking StoUa. The nature of the store is not |ih8 the typical retail business, being that much of the store space is also used as storage and warehousing. With the provision of the pnJ0f-of-p8rkinQ spaces, should they ever be needed, staff feels that there will be adequate parking provided for this use. VA A. Adopt the resolution approving thepnODOSedCond8UOD8|u38p8rnlit. B. Approve the proposed parking waiver. LOCATION Project Description City Manager Tom Ekatoand, Senior Planner Cmstco Store Beam Avenue East Of Highway 01 May 3U C0StC0VVh[d8s8|e Corporation is proposing to build 8 158,000-square-foot membership warehouse/retail building on the north side of Beam Avenue, at the easterly side of the recently approved Mogren Retail Addition planned unit development (PUD). The proposed store will include a 5.2OO-sqV8r8-f0ot tire center and 84.8UO-squar8-fV[tliquor ShJ[8. There would also be 8frR8St8DdiDg gasoline station fo[COStnO nl8nlb8na in the GVULhvv8St corner of the site. Refer to the attachments. Requests The applicant is requesting that the city council approve the following: * A conditional use permit (CUP) for fuel sales and for the tire-service center. Amarking waiver tohave 39 fewer parking spaces than the city code requires. City code requires 772. The applicant is proposing 733 spaces with 32"proof-of-parking" stalls shown. The applicant is also requesting approval of the following (these matters were tabled by the community design review board (CDRB) on May 8 and it is anticipated that they will review them again On June 12.20U7: ~ Building and site-design plans. * Increased light-pole height. Forty Vf the lighting pV98inLhe parking lot would be37 1 /2feet tall. The city code requires a maximum height of 25 feet. * A comprehensive sign plan. This site has been operated 8s the Country View Golf Course for many years. Its operation ended three years ago when the County Road D Extension project began. December 18.2000: The city council approved the K8VQren Retail Addition preliminary plat and PU[} for the former golf course property. The proposed COskco site was 8n anticipated part [f thisPUC). The council also adopted 8 resolution ordering the public improvements for the development. February 12.20UY: The city council approved the Mognen Retail Addition final plat. DISCUSSION Conditional Use Permits for Fuel Sales and Tire Center The proposed Costco store was an anticipated part of the Mogren Retail Addition development proposal. The warehouse/retail function ia@ permitted use iD this zoning district, and staff sees no pn]b|9rn with the proposed hJ8| S8|HS and tire-service center. Both would comply with the findings for Gppn}v8| of CUP and vvoU|d fit well within the K8oQn3n Retail Addition PUD. There also are not any residential neighbors nearby that might be affected with the activities of either Use. Parking Waiver The applicant has stated in its narrative that they need 730 parking spaces for this proposed Co3too store. The city code requires 776 for their building. This breaks down as follows (with the proposed 158.UOO square feet Vfbuilding area as stated in the narrative QniDuS the 5,200-square-foot tire-service center which requires three parking Sto||s for each of the four service bays): Retail Space: 152.800 square feet divided by2O0 square feet = 764 spaces Tire Service: four bays x 3 spaces per bay 12 spaces Total Parking Required 776 spaces They are proposing 733 parking spaces according b]the site plan with the "proof-of- parking" potential of an additional 32 spaces. This would get them within eleven parking spaces of meeting city requirements if they paved the proof-of-parking spaces. With the amount Vf parking spaces proposed, staff feels that itis a reasonable request tVhave less than the required number Of parking stalls. The nature of the store iS not like the typical retail business, being that much 0f the store space iS also used @s storage and vv8n8h0VGinQ. With the provision Cf the pn}of-of-p8rking spaces, should they ever b8 needed, staff feels that there will be adequate parking provided for this use. Building Official's Comments [)8v8 Fisher, the K8op|evvOod Building Official, had these CO[nnlentS: * The city will require 8complete building code analysis when the construction plans are SVbnniUBd to the city for building permits. • A separate building permit iS required for CostCo and the gas-pump canopy. • All exiting must go to a public way. 2 * Provide adequate fire department access k] the building. * Soil conditions are questionable in this area. Corrections and documentation bv8 registered engineer will be required. * The CVsLCo building must be fire sphnN8red. * Provide tire storage information. This may affect the fire sprinkler system. w Retaining vvG||S over four feet in height require @ registered PWiDnSSOt@ design * Verify codes that are being used 0n this project. {}n May 31 the State 0f Minnesota may have the new codes iDeffect. ~ | vv0u|d recommend 8 pre-construction meeting with the o0ntuantor, the project manager and the city building inspection department. Fire Marshal's Comments Butch Genxais. the Maplewood Assistant Fire [}hie[ had these comments/requirements: • Proper installation Of tanks for the gas station. • Install fire protection and monitor per code. • Minimum width 20-foot fire access road. • |nStoU and monitor fire alarm system per Code. • Need floor plan posted at main doors for fire department use. • |f there is24-hoVr gas service, proper code needs k)b8followed Police Department Comments Lieutenant Kevin Robbet has reviewed the plans and has the following comments: "| have reviewed the proposal and have m] significant pVb|icnm[*tvconcernS. However, it is difficult to determine if the entrance/exit off of Beam Avenue is "protected" by the existing median divider strip. | vvoV|d hope that vehicles exiting the |[t onto B98nn Avenue would be prohibited from turning to go eastbound On Beam. | believe that would be a dangerous condition given the speed of traffic and the sight impediment caused by the bridge and the slight jog |n the n]Gdvv8y." Engineering Comments Assistant City Engineer, Erin L8bSrS8. rSvGvvRd the COStC0 p|@Da. Consultant engineer, Ron Leaf, from Short Elliott Hendrickson, also commented on the engineering details of this project. Refer to the attached reports. 14115009-w- R8Sid8ntsvv8stVfMap|evvood Toyota have requested that there b98 sidewalk along the south side of the K8ngr8n Retail Addition development (on the north side of Beam Avenue) tO get tOCOStCO. Because Of wetlands and limited hghtOfvv8y width 0Othe GVULh side of the C8rnnGx site, it is not feasible to install 8 Sid8vv8|k from Highway 01 L0 Country View Drive and CosLc0. AS part 0f roadway improvements approved for this area, there will be sidewalks provided on the north side of Beam Avenue from Country View Drive to Hazelwood Street and from Beam Avenue to County Road D to the north. There is an existing bituminous trail already on the south side of County Road D from Highway 81tO Hazelwood Street. Therefore, there will b9 pedestrian access available from the homes west [f Highway 81 to this property. Ramsey County Traffic Engineer Dan Solar, traffic engineer with Ramsey C0uDtv, n8vi8vvRd the traffic i[npGCtS of this proposal along with the C8[nl8x and K8ogr8D Retail Addition PU[]review. H8 has nO concern with the proposed CVsk:o. The traffic and driveway elements are incompliance with the approved public improvements to take place with the overall PUD. Other Agencies Ramsey/Washington Metro Watershed District The applicant must obtain all necessary permits from the watershed district before starting construction. Xcel Energy Xcel Energy has determined that their transmission facilities are not affected by this construction project. Citizen Comments/Concerns We received two comments. One was from Hubbard Broadcasting requesting that the city not allow any parking waiver and that there be adequate spill protection in the fuel station on38. One resident west of Highway 81 requested o sidewalk to CO3tcofronn their neighborhood. Staff ReSDonse The assistant fire chief will require all applicable MPCA (Minnesota Pollution Control Agency) safeguard requirements against fuel spillage. The proposed number ofparking stalls is very close k} the required number. With the addition of the "proof-of-parking" spaces, should they be needed, the applicant would then yet be seven spaces short of meeting code requirements. Staff iSnot concerned about the parking being proposed and feels that the proposed number of spaces should besufficient. /\S stated above, there will b8 pedestrian access available h3 this site for the homeowners on the west side of Highway 61. 4 COMMITTEE ACTIONS May 1.2DO7: The planning commission recommended approval Of the CUP for the fuel sales and tire-service center. May 8.20O7: The C[>RB tabled action on their review Of this project sotheopo|iCant could have the opportunity to make changes to the building exterior and to provide written justification for the requested lighting-pole heights over 25 feet. The board will also review the comprehensive sign plan during their upcoming review. A. Adopt the resolution approving a conditional use permit for the tire-service center and fuel station at the proposed Costco store in the Mogren Retail Addition east of Highway 01On the north side of Beam Avenue. Approval is based 0n the findings required by the ordinance and subject to the following conditions: 1. The development shall follow the plans date-stamped April 3.2007 except where the city requires changes. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval Vr the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20 5. There shall not be any outdoor storage Of tires unless they are kept within G decorative screening enclosure approved by the community design review board. 0. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. B. Approve the parking waiver as proposed subject k}the rRL8nLk}n of the proposed ^ proof of parking" spaces in case they are needed for future parking needs. Ko parking shortage develops after the paving and curbing of the "proof-of-parking" spaces, the city council may require parking lot restriping to add more spaces. CITIZEN COMMENTS Staff surveyed the 14 property owners within 500 feet of this Site for their comments received one survey reply and one telephone message. Survey Reply | have visited other COStoO facilities with inadequate parking. | recommend you not drop your requirements via waiver. What spill protection will be required in fueling area to minimize potential impacts t0p0nding area on our site south ofBeam? (Hubbard Broadcasting) Telephone Message We are in favor ofthe proposed Costco store. P|98S8 see if there can be G sidewalk along Beam Avenue from Highway 61 toCostCo. (FnOrn o MDh|[non Lake Overlook resident west of Maplewood Toyota) REFERENCE Site Size: 16 acres Existing Use: The former Country View Golf Course SURROUNDING LAND USES North: One vacant commerc site and the County Road []Extension South: Beam Avenue and wetlands East: The Bruce Venb}Trail West: Futuna Country View Drive, a vacant commercial site and the future C8nn8x site Land Use Plan Designation: K81 (li manufacturing) Zoning: PUD (planned unit development) City Code Provision Section 44 requires 8 CUP for motor fuel stations and motor maintenance garages. � Findings for CUP Approval City code requires that to approve 8 planned unit development, the city council must base approval On the specific findings. Refer tO the findings for approval iO the attached resolution. VV8 received the complete applications and plans for these requests on April 3,2U0Y. State |Gvv requires that the city take GCt0O within 80 days of receiving complete applications for Gproposal. City council action would have been required onthis proposal by June 2.200Y but staff extended the review period 8n additional 8O days 8s o||ovved by state statute. The deadline for o city decision on the proposed Co3tCOStOna iS now August 1,2007. p:nan3\CostcoCC507 Attachments: 1. Location Map 2. Zoning Map 3. Land Use Map 4. Applicant's Narrative date-stamped April 3 5. Mngnen Retail Addition Plat Map 8. Costco Site Survey K4op 7. Costco Site Plan 8. Coztno Landscaping Plan Q. Building Elevations 10. Building Perspectives 11. Engineering Report from Erin Labenoe dated April 2O.20O7 12. CUP Resolution 13. Plans date-stamped April 3.2OO7 (separate attachments) 7 N Location Map Beam Avenue Costco Store N BFAM AVF Zoning Map Beam Avenue Costco Store N BEAM AVE Land Use Map Beam Avenue Costco Store A4. - 11 - achment 4 Gostco is specifically seeking approvals for site plart, building appearance, parking stall waiver, increased light standard height, building signage, and a conditicmal usc permit for the fueling facility. BUILDING APPEARANCE The fueling facility design is meant to compliment the warehouse with a strong cornice over textured beige metal panels. The columns min the main building vertical -,vall' accents consisting of a warm gray split face masortry base transitiorling to the light terracotta, smooth face to via solider course. PARKING WAIVER to initially construct 7,10 parking spaces of the spaces sl (in the site plan. INCREA iED LIGHT STANDARD HEIGHT S e ction n xiMUM StatCS: ection 44- Li�;ht pole hei�;Ftt "'The comintmity design revicit board may allou taller light poles as part Of as design review for nonresidential development, based on appropri I aterless for as specific proposal, Staff May revien. lightin, 5 V plans wider the "minor coti. of, e tion 2- Section 2 states "Before approving the plans, the! direvor mast defermine that the plans ineet all city ordinances and policies, including the design standards in section 2-290(b). Section 2-290kb) states: "(b) To recommend approval Of an application, the board shall niake the fiolloming findings: The warehouse bUilding also contains a "tirc center" sign which is reversed pan metal lettering and will not be illuminated. The following table identifies the sib nage area tabulation: Costco is not proposing any Pylon, monLin'lent or freestanding sign at this location, CONDITIONAL USE CRITERIA 1. The use zooidd be located, designed, inaintained, constructed and operated to be in C(Mfornfit with than City's coniprehensive plan and Code of Ordinances. 'Fhe proposed Fueling Facility is designed to meet the requirements of the City's Zoning Ordinance and Building Code. The proposed land use is consistent with general development policies of the City's Comprehensive Plan, 2. The use would not change the existingor planned character of the surrounding area. The proposed use is consistent with the adjacent commercial and industrial uses which exist and the Fueling Facility is compatible with the recently approved Carmax which is directly crest of the Costco site. I The use ayould not depreciate propert vahuL The proposed Fueling Facility is designed as not to have negative, j&, impacts on Surrounding properties and is compatible with the adjacent existing and approved land uses in the immediate area. Ba-,sed on this, it is Costco's opinion the proposed use will not depreciate property values in the area. 4. The use zvould not involved any activity, process, ?riaterials, equiptnent or methods cif operation that as be dangerous, hazardous, detrintental, diStUrbilIg Or CaUSe 17 tMiSIRICe to an , v per, Or property, because of excessive noh;e, glare, snioke, dust, odor, funies, ztater or air pollution, drainage z-eater run-)ff vibration, general un_srghtliness, electrical interference, or other nulsancf!5, The proposed Costco Fueling Facility provides a significant nu her of features to reduce and control the potential for environmental health hazards. All systems to be installed are of the latest technology and meet or exceed all local state and " S federal regulations. Design features for the fueling facility include: All product piping is non-corrosive and provides, three levels of protection. First, all product piping is monitored with pressure line leak detection. Second, all piping is coaxial to Provide secondary containment. Third, all coaxial piping is contained ire a watertight flexible dUCL The PrOdUCt Piping is doubled-walled and flexible for corrosion resistances d plasticity, 5, The itse zoom d 'I ge 7crote on1jij tnininwl vchictilar trqffic on local streets and WOUld not create tr(a ffic congestion or tinsafe access on existing or proposed strects. The proposed Fueling Facility is an ancillary use to the Costco warehouse and will not generate significant now trip generations. 6. The as would be served by adeqnate public ' facililieA,; and services, including streets, polic a e nd fire protection, drainage str uctitres, zoater and ge systenis, schools and park's. All the necessary public infrastructure improvements required for the proposed use are either avails le or will be provided. /. The use aooiiId not create excessive additional costs for public orsei - vices. The proposed use will not create excessive additional costs for City facilities or services, 8, The use avuld M(?A the preervatien o an i f d ncorporate the s ife s natural told scenic features into the dczxloptnetit iZC design, s The developer is providing Costco a 16 acre mass graded site is part of an overall developnient plan apjaroved by the City 9. Ile list'! Zvol-Ild Callse inininial adverse Ira addition to the response to #4 alvve, other dC S i gn features utilized to reduce and control adverse environmental effects include: Costco Wholesale utilizes one of the most durable joint sealers available today to sea] the concrete control joints. Cost co Whole%ale is one of the fe� % if not only cornpames, to have a nationvvide standard to? scal, control, Joints to prevent procinct spills from reaching the soil. The storni drainage system for the fueling facility area will be designed in accordance with local standards. Stormwater wiH be directed to a , icries of catch basins and processed through an oil / ter separator prior to discharge to the downstrearn system. CONDITIONAL USE-VARKATIVE The applicant, Costco Wholesale Corporation (Costeo), is seeking a conditional use permit to allow the developmeut of a freestanding members only fueling facility. The Co,stco Fueling Facility, which functions as an ancillary use to the Costco warehoUSe, consists of the following features: Islands/Fueling Positions: Three islands with two double-sided gasoline dispensers of each island provide a total of 12 automobile fueling positions. Regular and Pre iurn unleaded grades Of gasoline are sold, Canopy: The structure is a steel-framed canopy, with materials, colors and signs coordinated with the Costco warehouse building. Signs: "Costco Gasoline" signs are proposed on each side of the canopy. 'fl signs are acrylic polished edged (Alpolic) signs and measure 16-0" x 1'-8" Or 25.25 SF each. The signs will be externally lit. No freestanding identification signs or price sign r n a 0 proposed. Controller Enclosure: A 7 x'19'-6" controller enclosure is located near the canopy and underground storage tanks. This houses the main power subpanels, fuel system equipment, tank and piping monitoring system and a restroom, The materials and colors of the enclosure will be coordinated with the Costco warehouse building. Card Reader System on Dispensers- A Costco membership card activates the gasoline dispensers. Payrnent is by a debit or credit payment card only No cash is accepted. Self-Serve Facility- The Fueling Facility is designed to operate as an unattended Self- serve facility. However, it is Costco's policy to provide a trained ernployee at the site during all hour of operation to supervise and assist Costco members. Hours of Operation: The Fluelin Facility is typically open from 6:00 a.m. to 10:00 p.m, 9 1 During non-operating hour',;, dispenser, power is turned off and nozzles pad-locked. Fuel Tanker Deliveries. Costco Fueling Facilities typically receive 3-4 tanker deliveries per week. The fuel depot vendor deter` ines the delivery schedule to the facility. At' chm n , 5 Attachment 6 J � �- -. „ �_ __ .gym.._ e � 3 r t� i � �� m � 3, � .k:_ �� j� j ,, �, . ; � a �. �. r ,.a -� �_ ,, '��``" a r __ � ' :, .,, � r � , f - t o � � �� ;- t �. �. � � {{ 3 " L „� j �� t �. e k _ _ � � r .._ °-- 0/ J 4 { -�.. ■ : Fr f f f: x S4 -i Lli t S4 -i Lli zC zi z ui < Z C) -i Lli zC zi z ui < Z C) ) - l T ) - l < wl ^ ¥ ` \/ . \\ \ 1 :° % . <�\ �)2 % / 4 : Attachment 11 Page I of 4 Engineering Plan Review PRO,JFCT. 07-10 Costco PROJ NO: 06-14 RF-N , 'tEWEI) BY: Frin Laberee, Assistant City Engineer, City (if Maplewood DATE OF REVEW. April 20"" 2007 The developer shall address the following questions and comments. The developer is plannin on mass grading the site prior to preliminary plat approvals. The city has required the developer to grade the roadbed for the new city street within a 0.2 foot tolerance by June I " It is necessary to allow the developer to begin grading so the city is able to start constructing the roadway this summer, Erosion & Sediment Control Plan 1, The developer is responsible for maintaining erosion control in Country View Drive and Beam Avenue after the city has paved the new roadways. Wimoos shall be installed in the inlets within Country View Drive and Beane Avenue, 2, Add silt fence around all rainwater garden areas to prevent equipment from compacting soil-, in the basin area. Agenc , $tibmittals The developer shall obtain a Right of Way permit for work within Ramsey County right of way. I . The 6" sanitary sewer service shall be SDR 40, 2. The engineer shall obtain approval for the proposed water service fro Saint Paul Regional Water Services prior to utility installation, g n�eral E�' eri g Comments Provided by Ch add Larson at Kimley florn and Associates FROK Ron Leaf. PE Su& Sevcra, PE SEH DATE: April 20, 2007 RE� Review - CostCo Sitc SEH No. A-MAPLE0612,00 Cite No, 06-17 SE1 I staff has conducted a review of the site plan for the Cos(Co Wholesale site, located at proposed Country View Dr and Bearn Ave, This memorandum is intended to summarize our findings and identify airy general curl rns or potential problems with the proposed system, C Is the current plan still consistent with the geotechnical recommendations, given that the design has evolved since the concept planning stages and completion of the geotechnical report for the site. We also suggest that the developer establish or describe if already established) the process by which sub grade soils will be tested to confirm the assumed design parameters given the variability of the soils throughout the site, We understand that the systern will be designed to c: Mark Lobermclu, PE — SEH Jost Hors. PE — Kimely-Horn Associates : L, o'2 4, Attachment 12 WHEREAS, Costco Wholesale Corporation applied for a conditional use permit t0b8 allowed tO install o fuel station and tire-service center OO the re ceD y-app0ved k8O0r8n Retail Addition, formerly the Country View Golf Course property; WHEREAS, this permit applies tothe 18-8cre site in the southeast corner ofthe K4o0nen Retail Addition planned unit development. The legal description is: WHEREAS, the history of this conditional use permit is as follows: [)n May 1,20O7, 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 Gt the hearing 8 chance to speak and present written statements. The planning COnonoisSiOn recommended that the city council approve this conditional use permit. 2. The city council reviewed this request OD June 11.2007. The council considered the reports and recommendations Of the city staff and planning commission. NOW, THEREFORE, BE|T RESOLVED that the city council the above-described conditional use permit because: The use would be located, designed, nnGint8inHd.conSLnJCL8d8nd operated tob8in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing nr planned character Vfthe surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any aCiivitv, process, nn8L8rkal8, equipment or methods 0f operation that would b8 dangerous, hazardous, detrimental, disturbing 0[ cause @ nuisance tO any person O[ property, because Of excessive noise, g|8p9. Gnn0ke. dust, odor, fUnn8s, water 0rair pollution, drainage, water run-nff vibrati0n, general unaight|ineas, electrical interference or other nuisances. 5. The use would generate only rnininl8| vehicular traffic On |Ooo| streets and would not create traffic congestion or unsafe access on existing or proposed streets. 8. The use would be served bv adequate public facilities and services, including Street3, 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 8. The use would maximize the preservation nf and incorporate the site's natural and scenic features into the development design. Q. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The development shall follow the plans date-stamped April 3,2UOY.except where the city requires changes. Staff 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. The city council shall review this permit iD one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20.20O7. 5. Then] shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. 0. The fueling area shall have proper safeguards provided to prevent orcontain any fuel spills 8G required bvthe Minnesota Pollution Control Agency. The Maplewood City Council approved this resolution 0D 2007. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 1, 2007 V. PUBLIC HEARING a. Costco, Conditional Use Permit (North Side Beam Avenue, west of Bruce Vento Trail) (7:07 — 7:45 p.m.) Mr. Ekstrand said Costco Wholesale Corporation is proposing to build a 158,000-square-foot membership warehouse/retail building on the north side of Beam Avenue, at the easterly side of the recently approved Mogren Retail Addition planned unit development (PUD). The proposed store will include a 5,200-square-foot tire center and a 4,000-square-foot liquor store. There would also be a freestanding gasoline station for Costco members in the southwest corner of the site. December 18, 2006, the city council approved the Mogren Retail Addition preliminary plat and PUD for the former golf course property. The proposed Costco site was an anticipated part of this PUD. The council also adopted a resolution ordering the public improvements for the development. February 12, 2007, the city council approved the Mogren Retail Addition final plat. Residents west of Maplewood Toyota have requested that there be a sidewalk along the south side of the Mogren Retail Addition development (on the north side of Beam Avenue) to get to Costco. Because of wetlands and limited right-of-way width on the south side of the Carmax site, it is not feasible to install a sidewalk from Highway 61 to Country View Drive and Costco. As part of roadway improvements approved for this area, there will be sidewalks provided on the north side of Beam Avenue from Country View Drive to Hazelwood Street and from Beam Avenue to County Road D to the north. There is an existing bituminous trail already on the south side of County Road D from Highway 61 to Hazelwood Street. Therefore, there will be pedestrian access available from the homes west of Highway 61 to this property. Commissioner Walton asked how would someone get to the sidewalk across Highway 61 at County Road D, will there be a pedestrian bridge there? Mr. Roberts said there will not be a bridge; pedestrians would have to cross the road with the change of stoplight to get to the Costco location. Mr. Ekstrand said staff had received two comments/concerns about the proposal from nearby property owners. One was regarding the sidewalk connection staff mentioned and the other was from Hubbard Broadcasting that requested that the city not allow a parking waiver and that there be adequate spill protection in the fuel station area. The applicants gave staff verification and some evidence that Costco feels that this space will meet their needs and the parking count comes close to meeting the city's parking code. Staff is recommending approval of the conditional use permit for Costco. Planning Commission -2- Minutes of 05-01-07 Commissioner Trippler said he had a great deal of difficulty reading the elevations on the plans that were provided, but if he reads them correctly, the elevation of the ponds were at 865 feet and the elevation at the fueling station is 873 feet which is an 8-foot difference between potential ground water elevation and the top of the ground. He said he contacted Erin Laberee from the engineering department today because he was extremely concerned about burying fuel tanks in the ground water. He said there are ways to engineer this situation so you overcome the pressure those tanks would have sitting in the ground water. He said he contacted the Minnesota Pollution Control Agency and spoke to a tank specialist and they said that they would look at this very closely if in fact the fuel tanks are in the ground water. Originally that whole area was a wetland that was filled in to make the golf course and he would expect that the ponds on the north side next to County Road D define where the ground water is within a foot or two. Ms. Erin Laberee, Maplewood Assistant City Engineer, addressed the commission. The water elevation in those ponds does not necessarily dictate the ground water elevation. A soil boring will need to be done to determine where the ground water level sits. She doesn't believe it's at the same elevation as the water level and the ponds are. Commissioner Trippler said that didn't make sense because those are all organic and peat soils and he sees no reason why the ground water elevation and that part of the facility would be any different than the northern part of the facility unless there is some sort of a clay layer that runs through there. Ms. Laberee said the water in the ponds would not come through the ground to fill the ponds. The water in the pond is being piped through the storm sewer and not coming from the ground into the pond. It's coming from the storm sewer system and into the pond and held in the pond. Commissioner Trippler asked if the pond is concrete or clay lined so that the water that runs into it doesn't seep into the ground water? Ms. Laberee said any water that's in the ponds will infiltrate down until it hits ground water. Commissioner Trippler said the issue is you put a 500 to a 1,000 gallon fuel tank below ground and if there is ground water around the tank, when that tank gets near empty it's going to want to buoy up because it's sitting in the ground water. For example, he knows in the state of Florida 80 to 90% have ground water at less than 8 feet from the surface, so he knows accommodations can be made for fuel tanks below ground, so he assumed that could be done and engineered. If the city is going to approve this fuel facility, he thinks there should be very very strong engineering requirements and there needs to be safeguards required by the city in place so the developer doesn't just dig a hole and put the tanks in and call it good. Ms. Laberee said she understands Commissioner Trippler's concerns. The developer will have to provide those details to the city regarding how the fuel tanks will be constructed and where the ground water is located, but so far those details have not been provided but the city will work with the developer very closely on this project. Commissioner Hess said a few months ago we reviewed the Carmax proposal in this location and he asked if the location of the two 48-inch and the 30-inch pipes run through this area? Planning Commission -3- Minutes of 05-01-07 Mr. Ekstrand said those pipes you referred to run through the Carmax site and would not impact the Costco site. Commissioner Hess said Costco is asking for fewer parking spaces and he wondered what the required parking stalls were for the city code. Mr. Ekstrand said Costco is asking for 39 fewer parking spaces than what the city code requires but is showing 32 proof-of-parking stalls. The city code is for a 9 foot 6 inch wide parking space and the applicant will have 10 -foot -wide parking stalls. Should there be a real parking concern at Costco; the parking lot could be restriped with smaller parking spaces in order to gain additional parking spaces throughout the site. Chairperson Fischer said in the staff report on page 14, under the parking waiver paragraph, it states the site plan delineates 730 parking stalls with an additional 55 shown as proof-of-parking and she asked why that was different from what staff had indicated in the staff report. Mr. Ekstrand said he wondered the same thing though that would be a good question for the applicant when they have the opportunity to come forward and address the commission. He said he counted the parking spaces on the site plan and came up with 32 proof-of-parking spaces. Commissioner Trippler said to clarify things, the commission won't be dealing with lighting concerns on the site because that will be reviewed by the CDRB. His concern is that he didn't see anything in the staff report that justified why Costco should be allowed to have taller light poles than what the city code allows. Mr. Ekstrand said the CDRB will be reviewing the lighting concerns. Staff didn't see a justification why Costco needs such tall light poles either. His recommendation to the CDRB is to deny the request until sufficient data is provided to staff. The city code is for light poles 25 feet in height. The applicant may be able to discuss that this evening. Commissioner Trippler asked if he understood that the planning commission should vote on the building and site-design plans? Mr. Ekstrand said the planning commission should vote on the CUP for the fuel sales and tire service center. The CDRB will vote on the parking, lighting and comprehensive sign plan. Commissioner Trippler said regarding the sidewalks, is the Bruce Vento Trail north of Beam Avenue open for public use? Ms. Laberee asked if he meant the trail on County Road D? Commissioner Trippler said he was referring to the Bruce Vento Trail. Mr. Ekstrand said yes, the trail is open and paved. Commissioner Trippler said the last time he was on the trail there was a large gate closing the trail. Planning Commission -4- Minutes of 05-01-07 Ms. Laberee said she would have to check on that. For some reason she thought it might still be closed. Commissioner Trippler asked if people from the west of Highway 61 walk along County Road D, will they be able to access the trail off of County Road D? Ms. Laberee said yes people can access the Bruce Vento Trail. Commissioner Trippler asked if someone would have to go around the intersection of Hazelwood Street to get to the trail? Ms. Laberee said no. Mr. Roberts showed a drawing on the overhead. There is a pedestrian ramp or trail on the west side of the Bruce Vento Trail pointing to the northwest toward the new County Road D. Commissioner Trippler said if people wanted to get to Beam Avenue from County Road D and it got too busy to go by Costco, another alternative would be to take the trail south or go to Hazelwood Street. Commissioner Walton said somewhere in the report there was great detail regarding the fuel tanks and how they are built to be indestructible. He asked if there was any evidence that these tanks ever leak? Mr. Ekstrand said the applicant may be able to address that. Commissioner Walton said he lives west of the Maplewood Toyota dealership so he is familiar with the area and the intersection of Beam Avenue and Highway 61 and he feels this area is unsafe. He hears accidents from his window there when people try to cross there. To cross the street you need to press the pedestrian crossing button and the light only stays lit for a few seconds so it's very difficult to cross there. It probably isn't a bad idea to reroute pedestrians to County Road D. Maybe that intersection at Beam Avenue and Highway 61 could be improved for safety reasons. Mr. Roberts said that road improvement for the intersection is in the plan as part of the Beam Avenue/Country View Drive road project for this year. Commissioner Walton said he was unaware of that. There was a comment on page 29 of the staff report from Ron Leaf with SEH, under the Construction Staging, that he wanted clarification on which states For the rain gardens, this could be in the form of a diversion structure at the upstream end or an adjustable overflow riser which can be set at a lower elevation during the establishment period and then raised to the final design elevation upon final stabilization. Ms. Laberee said when construction is underway and the storm pipe is in the ground, you don't want to route water into the rain garden and into the infiltration areas because it could become sediment laden, and in order for plants to establish you don't want to be running water through there. Ron Leaf is suggesting that water be diverted during the construction. Planning Commission -5- Minutes of 05-01-07 Commissioner Trippler said regarding Ron Leaf's comments under operation and maintenance, he asked how that would be maintained, does staff have those same concerns and have you been working with the applicant to get those concerns worked out? Ms. Laberee said we asked that the applicant present information to staff on how those are to be maintained and what the maintenance plan is to give a detailed list of how that should happen. Chairperson Fischer asked the applicant to address the commission. Mr. Ted Johnson, President of TJ Design Strategies, 2311 West 23 St., Oak Brook, Illinois, representing Costco, addressed the commission. He said he is the developer for the Costco projects in the 14 Midwest states. Costco is seeking approval for the fueling facility and approval for the tire center. Regarding the tire center, there is no outside tire storage at Costco. Within the tire center, there is a storage area where used tires are stored, and once a week a local recycling vendor removes the used tires to be recycled. The fuel station is not a 24-hour a day fueling facility and the fuel station is for Costco members only. The hours of operation are 6 a.m. until 10 p.m. and only two grades of gasoline are sold, and this is a cashless fuel facility. The Costco members must use a Costco membership card to activate the fuel pump and then use a debit, American Express or Costco credit card to pay for the gas. Costco will be seeking an unattended permit from the state fire marshal's office. However, Costco will have an employee at the location during the hours of operation to help a Costco member who may be having a problem with the card machine; they may direct traffic on the site but would not pump any gas into vehicles. Regarding the water table on the site, we are still looking at the site. We don't like to put underground fuel tanks under the water table. In can be engineered but it's very expensive. If we encounter that during the course of our investigation, Costco will be coming back to Tom Ekstrand with a revised site plan having this at a different location. The facility is a state-of-the-art facility. The fuel tanks are made of double-walled fiberglass. The entire distribution system from the tanks up to the pipe is also made of double-walled fiberglass. There are safety factors, monitors and sumps included in the system design. Should any fuel leaks occur, the entire system shuts down until Costco can find out what occurred. The reason Costco goes to these extremes is that Costco is self-insured, and we don't have an insurance company backing Costco if there are any problems. If there is a problem on a Costco site, it's Costco's responsibility, so the fuel tanks have to be designed and constructed properly from the beginning. Commissioner Pearson asked if the employee who will monitor the facility will be trained to trouble shoot alarms and problems that could occur at the facility? Mr. Johnson said the Costco employee would be required to go through safety training before they are assigned to work at the fuel facility. There are a number of locations where there are gas shutoffs that Costco members could even get to should there be some type of gas spill. Commissioner Walton asked why Costco wants a fueling station here? Is a fuel station something Costco has to have at their stores? Mr. Johnson said if Costco were to build in Maplewood without a fueling facility the question would arise why do other Costco stores have a gas station but we can't get fuel here? So Costco does this to provide a service to its members. Gasoline will be sold at this location for 8 to 10 cents less per gallon than the major brands. Planning Commission -6- Minutes of 05-01-07 Chairperson Fischer asked if the applicant had any questions for the planning commission? Mr. Johnson said no. Commissioner Trippler asked why Costco is proposing 37 light fixtures compared to what the city ordinance is? Mr. Johnson said Costco finds that we get a much better light distribution with the taller light pole. It does increase the number of light poles on the site. We did an analysis in Madison, Wisconsin, and typically Costco has about 39 light poles on their site. The shorter the light pole, the more hot spots you get in the parking lot. With a higher light pole, Costco is able to get a much more uniform foot-candle throughout the parking area. Costco uses shoebox fixtures and flat lenses, so you don't see the source of the light and the light glare. 90% of the lights in the parking lot will be turned off at 10:00 p.m., so the lights are not on throughout the evening hours. There is also a 10% annual energy savings. Commissioner Trippler asked if you drive down Beam Avenue would you see light glare with a 37 light pole? Mr. Johnson said you wouldn't see the source of the light so you wouldn't see the light glare. Commissioner Hess said it looks like there are some pretty big signs going up on the fuel canopy at 16'x 1.8'. Mr. Johnson said the signs are 25 square feet on each side. Commissioner Hess asked if that would be on all four sides of the fuel canopy? Mr. Johnson said yes. Commissioner Hess asked if those fuel signs would be left on 24-hours a day? Mr. Johnson said the signs are shut off 1 hour after the station closes. There will be a limited number of canopy lights left on, just enough to get a foot-candle reading so that the security cameras can see the pump area. Commissioner Hess said regarding the height of the light fixtures, are those metal halide lights? Mr. Johnson said yes. Commissioner Hess asked if those are at a higher foot-candle output compared to a sodium vapor, which is the yellowish light fixture? Mr. Johnson said the metal hay light presents a very white light versus the yellow tint. Commissioner Hess said it's a more intense light than the subdued yellow sodium vapor. If you have a higher light fixture, you need to have a higher density light to get the foot-candies you need on the ground. Planning Commission -7- Minutes of 05 -01 -07 Mr. Johnson said if the lights were 24 feet tall or 35 feet tall, you are still looking at a 400 watt metal hay light. Commissioner Hess said he thought those light fixtures had a higher light glare ratio than the sodium vapor lights, so when you travel down the road you might get more glare from those lights compared to the other light style. Mr. Johnson said in years past that may have been the case, today they have substantially lessened light pollution so these shoebox lights with flat lenses, the technology is that you don't see that light glare. If you think of the lights at the mall, those are 100- foot -tall light poles where you actually see the light source. With that style of light you are going to see light glare. At the CDRB meeting he said he would present cut sheets of this. These are now night - friendly lights, and the lights are strictly down lighting the parking lot. Commissioner Walton said regarding Lieutenant Kevin Rabbett's comments in the staff report on page 3, it states "It is difficult to determine if the entrancetexit off of Beam Avenue is "protected" by the existing median divider strip. t would hope that vehicles exiting the lot onto Beam Avenue would be prohibited from turning to go eastbound on Beam. Lieutenant Rabbett said he believes that would be a dangerous condition given the speed of traffic and the sight impediment caused by the bridge and the slight jog in the roadway." Ms. Laberee said that will be a right turn in and right turn out only. The improvements to Beam Avenue will have a median that continues so people will not be allowed to make that type of turn movement. Mr. Ekstrand said Lieutenant Rabbett was not aware of that median when he wrote his concerns for the staff report, and staff later found out from Ms. Laberee that the median would prevent those left turn movements. Chairperson Fischer asked if anyone in the audience wanted to address the commission. Nobody came forward. Chairperson Fischer closed the public hearing. Commissioner Pearson moved to adopt the resolution approving a conditional use permit for the tire service center and fuel station at the proposed Costco store in the Mogren Retail Addition east of Highway 61 on the north side off Beam Avenue. Approval is based on the findings required by the ordinance and subject to the following conditions: The development shall follow the plans date - stamped April 3, 2007, except where the city requires changes. Staff 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. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20, 2007. 5. There shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. Planning Commission -8- Minutes of 05-01-07 6. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. Commissioner Yarwood seconded. Ayes — Fischer, Hess, Pearson, Trippler, Walton, Yarwood " RTI ff r9T rol WITI� Commissioner Trippler said while he supports the motion he intends to lobby the CDRB to make sure they look very closely at the fuel station and the installation of the fuel tanks. He hopes the applicant will consider moving the fuel station from the southwest corner to the southeast corner or the northeast corner of the site to provide at least another 5 or 6 feet of elevation and may bring the tanks out of the possible ground water. Otherwise he believes this is a good proposal and he appreciates the fact that Costco is proposing 10-foot-wide parking stalls. This item goes to the CDRB on Tuesday, May 8, 2007, and to the city council on Monday, June 11, 2007. MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 8, 2007 a. Costco — North of Beam, South of New County Road D, West of Highway 61, East of the Bruce Vento Trail Ms. Finwall said Costco Wholesale Corporation is proposing to build a 158,000-square-foot membership warehouse/retail building on the north side of Beam Avenue, at the easterly side of the recently approved Mogren Retail Addition planned unit development (PUD). The proposed store will include a 5,200-square-foot tire center and a 4,000-square-foot liquor store. There would also be a freestanding gasoline station for Costco members in the southwest corner of the site. The proposed building is attractively designed, but the entire building would be constructed of various forms of concrete block and precast concrete tip-up panels. Staff looked at three existing Costco stores in the Twin Cities. These were stores in St. Louis Park, Maple Grove and Coon Rapids. Each of these stores displayed more decorative exterior materials than the concrete block proposed. St. Louis Park's Costco building is predominantly jumbo red-colored brick with mustard-colored rock-face concrete block accents. The Maple Grove Costco building is predominantly brick with flag stone columns, rock-face block and EIFS (exterior insulation finish system). The Coon Rapids Costco building is predominantly brick with rock-face block. Staff feels that the quality of the building exterior materials should be upgraded to something more decorative than the varieties of concrete block proposed. Staff made the same recommendation with the recently approved Carmax building in this development. Their original building was to be all concrete block. Staff informed Carmax that there would be no staff support for that material, and they then redesigned the building to be brick. Staff feels the same in this case and recommends that the applicant revise the proposed building materials to substantially enhance the building with brick. This should apply to the fuel- island canopy columns which are also proposed to be all split-face concrete block. - 0 . 0 701-me Mr. Ted Johnson, President of TJ Design Strategies, 2311 West 22 Street, Oak Brook, Illinois, addressed the board. He is a consultant for Costco and acts as the development manager for the 14 Midwest states. He said Costco has applied for a parking waiver. Costco is proposing 733 parking spaces with the potential of 55 proof-of-parking spaces so Costco meets the city requirements. Costco has found that 733 parking spaces have been sufficient for Costco's 400 plus warehouse buildings this size and are very comfortable with 733 parking spaces. Should parking become a problem, space has been reserved on the site for the proof- of-parking spaces located on the east and the north side of the building. If Costco were to meet the city's light code with 25-foot-tall light poles that would increase the number of light poles to 78. Between the light poles and the light fixture count, Costco would be looking at doubling the installation cost, but more importantly, if Costco went with the taller light fixture, Costco would be looking at a 10% energy savings on an annual basis. That affects the amount of light in the parking lot, between the 25-foot light pole height and the 35-foot light pole height along with some 20-foot tall light poles at the perimeter of the parking lot; it's an average of 4.4 foot- Community Design Review Board 2 Minutes 05-08-2007 candles. By going with the 25-foot tall light pole which would equal 78 light poles in the parking lot it would average 4.7 foot-candles throughout the parking lot. With the lower light pole height you get more intense lighting at the parking lot level. Costco believes you wouldn't see the light glare with the 35-foot tall light pole with a shoe box fixture and a flat lens. There are no residential properties around. Costco feels 37-foot tall light poles are an appropriate light pole height for this Costco proposal. The important thing is the taller the light pole, the fewer light poles they need which means a 10% energy savings on an annual basis. Board member Ledvina asked if Costco could reduce the light bulb intensity? Costco identified the foot-candle illumination at 4.7 for the 25-foot-tall light pole and 4.4 foot-candles for the 35- foot -tall light pole, isn't that where the energy costs are? Mr. Johnson said not necessarily. For safety reasons Costco wants to maintain an average foot-candle in the parking lot of about 4.5, so the 4.4 foot-candle Costco would get from the 35- foot -tall light pole meets the city's requirements and so does the 4.7 foot-candles with the 25- foot -tall light poles. Staff has indicated that Costco shall conform to the city's sign code. The only signage Costco has is on the building. Costco would have three signs on the main warehouse and four signs on the gas station canopy. There will be no freestanding monument signs or pylon signs. There will not be a price sign at the gas station. The elevations that you see will be for the sign proposal. Chairperson Olson asked if Costco was planning on having any directional signs for traffic flow on the site? Mr. Johnson said within the fueling facility there will be some "do not enter signs". The fueling facility will have a one-way operation so there will be some internal signs generally less than two square feet in size and the sign ordinance usually doesn't count those. The fire department will require signs around the building for fire lanes and Costco doesn't know if those signs will be on the building or not. The fire marshal will regulate that requirement. Mr. Johnson said Costco brought building material samples with for the board to review. Staff commented about some of the other Costco warehouse buildings in the twin city area. One thing Costco doesn't have is a prototype design. Costco designs their buildings for the community they will be located in. Staff mentioned Costco's buildings in St. Louis Park, Maple Grove and Coon Rapids which are within a retail center and are not a stand alone unit. The Maplewood location would not be adjacent to other retail centers. In St. Louis Park Costco is adjacent to Home Depot, Office Max and other smaller retailers and restaurants. The location in St. Louis Park has distinct design criteria, so all the buildings have to tie together. In Coon Rapids there are certain design standards as well, that's why you see the tower caps on the corners of Kohl's and Linen-n-Things and the other retail stores within the center. The same is true in Maple Grove where Costco had to comply and incorporate similar building materials that were used throughout the retail centers. He believes Costco has provided a very attractive and interesting building for this area in Maplewood. Costco is using the main building component for the warehouse with an integral color and precast panels. The panels are manufactured off site at a plant and shipped to the site. The panels are then erected from flat bed trucks at the site. These are not tip-up panels; these panels are constructed at the site and then tilted up so the quality of the panels is extremely high. Costco proposes to use an integral color to break up the mass of the building, because a building that is 150,000-square-feet is a large mass. The precast colors on the elevations are a lighter color in an acid wash, smooth finish. The darker colors are an acid wash to bring out the color of the aggregate. Even though Community Design Review Board 3 Minutes 05-08-2007 it's a precast panel, Costco is able to get two different colors and two different textures out of the same panel. To that we add split face and smooth face concrete masonry units and utility brick as horizontal accents throughout the elevations. By using the precast or the CMU's, which is a veneer added to the precast, we add the architectural elements of the split face and smooth face to that. The reason Costco chose CMU is that it's a larger brick and the larger blocks look better and are more consistent with the overall design of a larger building. Board member Wise said Mr. Johnson commented that the Maplewood Costco warehouse is a stand alone building and that Costco doesn't have a prototype building. He asked what Costco builds throughout the country for stand alone buildings? Mr. Johnson said Costco constructs these buildings out of precast panels. In fact, the Costco in Maple Grove is a precast panel building. On the inside of the warehouse you will see the light gray concrete panel, but on the outside it's not an integral color panel because we had to match about four different exterior colors. The outside of the Maple Grove Costco building has painted panels and that's not typically what Costco uses. Mr. Johnson presented photos of a Costco building that just opened in Columbus, Ohio, which has some of the same elements Costco is proposing for the Maplewood warehouse building. He said the dark vertical elements are a precast panel with a fluted rib cast to it. Costco is proposing the same panel in Maplewood at the ends of the building. On a sunny day the fluted rib creates shadows and breaks up the mass of the building. The darker color is split-face CMU and the lighter color is smooth-faced CMU and on either side is the integral color of a precast concrete panel. Mr. Johnson displayed a detail of the corner on the overhead that would be used on the Maplewood Costco building. Costco is using building materials that would best break up the mass of the building. Costco believes this is an attractive building and that the massing is broken up better than some of the existing warehouse buildings in the twin cities. Chairperson Olson asked if the photo shown on the overhead was what Costco was proposing to use for the entrance to the Maplewood Costco? Mr. Johnson said similar building materials would be used at the Maplewood location but the parapet height at the Columbus, Ohio Costco is taller than the entry they propose at the Maplewood location. The store front glass would be the same for Maplewood. During the summer the side glass doors roll up for an entirely open canopy. The doors under the Costco sign are sliding glass doors that stay year round. Board member Ledvina said the parking issue is not an issue for him at all. He's always in favor of applicants having proof-of-parking and he would strongly support that. He isn't entirely convinced of the argument related to the lighting. Maybe the taller light pole is more appropriate for this setting; at 35 feet tall, this is a large building so it makes sense to have fewer light poles. Maybe there is a way to adjust the level of illumination to get to the lower number of kilowatts. In terms of how this building will present itself, he thinks Costco could do better with their building elevations and building materials. The rational of treating the building in a different way because it would be a stand alone building, does not convince him. The critical building elevation area is the west elevation and he's concerned how that would look from the roadway. He isn't concerned about the east elevation. If you are on the Bruce Vento Trail you will be looking at the roof of the Costco building and there are plantings along that side. Community Design Review Board 4 Minutes 05-08-2007 Board member Shankar said he is concerned about the over use of precast panels. Even though the applicant said the panels are factory fabricated and then erected on site. It's basically the same thing whether you fabricate it at the factory or at the site. Looking at the photos he said he doesn't care for the fluted precast corners. To him they make it look like an industrial warehouse. He would suggest removing the fluted panel idea altogether. He asked if Costco could use brick where the acid washed panels would be on the west, south and north elevations. Brick comes in a wide variety of colors, it doesn't have to be red brick like the board saw in a photo. He said he would leave the east elevation the way it is with the exception that the fluted panels be removed. Board member Wise asked if there would be a stop light at Country View Drive and Beam Avenue? Ms. Finwall said yes. Board member Wise said because this is a PUD and because of it's proximity to the new Carmax, the mail down the road and the traffic on Highway 61 and Beam Avenue, this building will be highly visible. Regardless of the fact that this will be a stand alone building, it will still be in Maplewood and he doesn't want to settle for something less just because Maplewood doesn't have certain design criteria and this is the style of building Costco builds. He believes this Costco building should be designed to give a new look and feel to the area. Chairperson Olson said she was glad to hear Board member Wise make those comments because she was totally under whelmed with this building design. This building is going to establish a major presence in this area and she doesn't want to see an unattractive big box built on this site. She read in Consumer Reports that Sam's Club and Costco have been compared to each other. The conclusion was that Costco tends to market to a slightly upper scale clientele. You will have to work harder to get that upper scale clientele into this store with the current plan. Chairperson Olson said she believes Maplewood deserves a better product from Costco. She is concerned about the location of the gas station and how the traffic will be routed. She knows engineering has looked at this plan but she wants to make sure there aren't going to be traffic issues here. Drainage and spillage from the fuel pumps is going to occur and she is concerned about that. She usually prefers fewer light poles on the site but she isn't sure about the light pole height. She would agree with Board member Ledvina's comments and she would like the applicant to investigate the lumens or the light intensity to see if there is something that could be worked out. This is directly across from a wetland where there is major nesting. The wildlife to the south includes egrets, blue heron, and other wildlife and she would like the applicant to respect the wildlife and check into other lighting possibilities. She was also concerned about the sidewalk situation. Ms. Finwall said she wasn't the person that wrote the staff report but read because of the wetlands and the limited right-of-way width on the south side of the Carmax site, it's not feasible to install a sidewalk from Highway 61 to Country View Drive and Costco. As part of the roadway improvements approved for this area, there will be sidewalks provided on the north side of Beam Avenue from Country View Drive to Hazelwood Street and from Beam Avenue to County Road D to the north. Staff showed a map on the overhead representing in pink where the sidewalks would run. Community Design Review Board 5 Minutes 05-08-2007 Chairperson Olson said that takes care of her concern then because she thought it would be nice for people who want to take the bus to be able to access the sidewalk to Hazelwood Street and the map that staff put on the overhead helped her see the connection. It may be that the Costco purchases would be too large to bring on a bus anyway and that a vehicle would be necessary to transport their purchases. Board member Ledvina asked what staff's opinion was for modifications to the east elevation? Ms. Finwall said that elevation faces the Bruce Vento Trail, which is at a higher elevation and at the same height as the building and would be screened so that doesn't concern staff. Board member Ledvina said he just wanted to confirm that. Chairperson Olson asked what precautions would be taken to prevent leakage and fuel spills from the ground water? Ms. Finwall said the planning commission discussed that as well. They were concerned about the fuel tanks and the soils in the area, maybe the applicant could address that. Mr. Johnson said they are still in the due diligence phase. It appears that based on the preliminary plans, the ground water is at 14 to 15 feet below grade. Then they dig down 15 feet and fill in roughly 4 feet with stone and the fuel tanks will be above that. Mr. Johnson said the fuel tanks would be 8-to-9-feet below grade. Costco hasn't done the detailed design yet but there are ways to engineer those fuel tanks when near ground water. Costco may have to find a different location on the site for the fueling facility if they find the soils are not adequate in that location. The way the final grading plan will work is that anything adjacent to the fuel pumps, under the canopy, will be drained into an oil/water separator before going into the system. Mr. Johnson said there are a number of safeguards that Costco does and the final engineering plans will provide information for the city, engineering, and the fire marshal to review. One of the other issues with the light standards is the height of the light pole and that the lower light pole interferes with the landscaping. The landscape plan either meets or exceeds the city code. Costco retained Landform as the civil and landscape architect. They came up with a plan that was consistent with the Carmax plan that the city already approved. It's a fine plan. It doesn't meet Costco's internal requirements though because where Carmax shows one tree per landscape island, Costco has two trees per landscape island with exception of the truck route. Costco will revise the plan to increase the landscaping. Costco puts the taller light poles in the landscape islands; Costco doesn't have freestanding light poles in the parking lot because of the weather in the Midwest with snow removal and cars backing into the light poles. The higher the light pole the less conflict there is between the landscaping and the light standard. The rooftop units will be screened from the parking lot and from Country View Drive. The rooftop units will not be screened from the Bruce Vento Trail. However, Costco's roofs are white and very reflective and the rooftop units are almond or light beige in color. If there is a rooftop unit that's a different color, it would be painted to match. Mr. Johnson said Costco would like to have this application tabled and continued at a later date due to the building design concerns of the board members. Costco would like to meet with staff and go over some of the recommendations such as in lieu of a letter for landscape improvements, Costco would Community Design Review Board 6 Minutes 05-08-2007 like to do performance bonds. Costco would like to make sure that before things are set in concrete, everybody is happy with what is going to be done as well as with the building elevations. Costco heard the board's comments, let us go back and meet with the architects and staff and come back with a revised plan for the board in the next few weeks. Chairperson Olson thanked Mr. Johnson and she said he made some powerful comments regarding the light standards. Board member Ledvina said he agreed with those comments. This is a large site, it has a lot of parking on it and there are some efficiency issues here to consider. Chairperson Olson moved to table this proposal until Costco has the opportunity to make changes and makes another submittal to city staff. :•. member L•• vina seconded. Ayes — Ledvina, Olson, Shankar, Wise The motion to table passed. This item goes to the city council on June 11, 2007. Ms. Finwall said Costco could bring this back before June 11, 2007, and at the earliest this could come back to the CDRB, June 12, 2007, or if the applicant can get the changes to staff next week for the May 22, 2007, CDRB meeting before it would go to the city council, that would also be a possibility. Chairperson Olson said the board would leave that up to staff and the applicant to work details and the timeline out. Agenda Item L3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Century Avenue Improvement, City Project 03-15 Resolution Accepting Report and Calling for Public Hearing DATE: May 29, 2007 INTRODUCTION The feasibility study for the Century Avenue Improvement is complete and available in the office of the city engineer. Final copies of the study will be made available to the city council prior to the public hearing. The study includes information on the proposed improvements, financing, and probable assessments. The city council will consider accepting the feasibility study and ordering a public hearing. The proposed project area is illustrated on the attached project location map. In 2002, Century Avenue, between Lower Afton Road and 1-94, was turned back to Washington and Ramsey Counties. At that time it was determined by Ramsey and Washington Counties along with Mn/DOT and the cities of Woodbury and Maplewood, that improvements were needed based on increasing traffic volumes, poor intersection operations, safety concerns, access issues, and poor pavement conditions. Improvements in Maplewood consist of Century Avenue from Brookview Drive to Lake Road, and also Lower Afton Road from Century Avenue to one-quarter mile west. The total project budget as reported in the feasibility study is $22,809,000. Of the total, Maplewood's share is approximately 1.6% or $370,000. The remaining costs are funded through trunk highway turnback funds, federal funds, Ramsey and Washington Counties, and the City of Woodbury. RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:15 p.m., Monday, June 25 2007, for the Century Avenue Improvement project. Attachments: 1. Resolution 2. Location Map 3. Executive Summary RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to r9SO|UUOD of the C0UDd| adopted April 0th, 2007. 8 report has been prepared by the city engineering division with reference to the improvement of Century Avenue Improvements, City Project O3'15,8ndLhispep8rtvv8Sr8c8iv8dbyLhHcoUnCi|onJVne11th WHEREAS, the report provides information regarding whether the proposed project isneCeSSory. cost-effective, and feasible, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL [)FMAPLEVVOOD. 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $22,809,000. 2. A public hearing shall b8 held onsuch proposed improvement onthe 25 day of June, 2UO7 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 1 1 B ') _-- UP P R AF ON RD PROPOSED IMPROVEMENTS MAPLE WOOD W z _,. W _ AFTON RD Q -- t z WOODBU1 U t 3E V ~ E: �tl' C E r l: , �r A 1 j LAKE ROAD DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (April 30, 2007), The Lawrence Group;April 30, 2007 for County parcel and property records data; April 2007 for commercial and CITY OF MAPLEW000 CENTURY AVENUE IMPROVEMENTS CITY PROJECT 03-15 EXECUTIVE SUMMARY The Feasibility Study and Report have been prepared for the Century Avenue Improvements 'City Project 03-15. The proposed project involves road widening from 2-lane to 4-lane, raised center median, turning lanes, trail/sidewalk, and street signal installations. Proposed drainage improvements in conjunction with the project include storm sewer construction and bio-infiltration basins and wet ponds. Sanitary sewer repairs would also be made as part of the project. The estimated costs for the proposed improvements are in the amount of $22,809,000. This cost includes construction cost contingencies, right-of-way and easement acquisition, and an allowance for indirect costs. It is proposed that the improvements be financed through a combination of special assessments to benefiting properties and Maplewood funds. Estimated funding amounts from each of the financing sources are as follows: Overall Financing Sources 06/11/07 Amount 00/25/07 Assessment hearing 2008 Begin construction 2008 Complete construction 2009 Assessments certified bo Ramsey County 2008 Washington County: $ 1,549,000 (6.8%) Total: $ 22,809.000 (100Y6) Maplewood Financing Sources Amount Street/Storm Assessments: $ 312,158.73 (84%) MSASFunds: $ 25.000.00 (7Y6) Sanitary Sewer Fund: $ 32,841.27 (9%) Total: $37O.O0O.0O (10096) The following hso proposed schedule for the project should the city council vote k)proceed: Receive feasibility study and order public hearing 06/11/07 Public hearing 00/25/07 Assessment hearing 2008 Begin construction 2008 Complete construction 2009 Assessments certified bo Ramsey County 2008 Based on the analysis completed as part of this report, the proposed Century Avenue Improvement project is feasible, necessary and cost effective, and would bea benefit to the City ofMaplewood. FEASIBILITY REPORT CENTURY AVENUE IMPROVEMENTS CITY PROJECT 03 -15 CENTURY AVENUE BROOKVIEW DRIVE TO LAKE ROAD LOWER AFTON ROAD CENTURY AVENUE TO' /a MILE WEST I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Signature: Michael W. Thompson, P.E. Date: License No. 45641 City of Maplewood Department of Public Works 1902 East County Road B Maplewood, Minnesota 55109 CERTIFICATION............................................................................................ ............................... i TABLE OF CONTENTS ................................................................................. ............................... ii EXHIBITS ....................................................................................................... ............................... ii INTRODUCTION............................................................................................ ..............................1 BACKGROUND.............................................................................................. ..............................1 PROJECTDESIGN ........................................................................................ ..............................2 STORM WATER MANAGEMENT .................................................................. ..............................3 WETLAND IMPACTS ..................................................................................... ..............................3 PERMITS........................................................................................................ ..............................4 TRAFFICCONTROL ...................................................................................... ..............................4 PROJECTCOST ............................................................................................ ..............................4 COSTRECOVERY ......................................................................................... ..............................4 MAPLEWOOD COST RECOVERY ................................................................ ..............................6 PROJECTSCHEDULE ................................................................................... ..............................6 CONCLUSION AND RECOMMENDATIONS ................................................ ............................... 7 EXHIBITS Exhibit 1: Project Location Exhibit 2: Proposed Assessment Roll (Preliminary) Exhibit 3: Street & Storm Assessment Map ii FEASIBILITY REPORT PROJECT 03 -15 CENTURY AVENUE BETWEEN BROOKVIEw DRIVE AND LAKE ROAD & LOWER AFTON ROAD FROM CENTURY AVENUE TO 1 /4 MILE WEST INTRODUCTION Century Avenue is a main north /south arterial in Maplewood that connects 1 -94 to 1 -494. It has been determined by Washington and Ramsey Counties along with the Minnesota Department of Transportation and the cities of Woodbury and Maplewood, all working jointly, that improvements are warranted for Century Avenue from Brookview Drive to Lake Road and for Valley Creek Road. The Valley Creek Road portion extends west across Century Avenue to include about one quarter mile of Lower Afton Road. The project location map in Exhibit 1 shows the proposed improvement locations within the City of Maplewood. The City of Woodbury in Washington County borders Century Avenue on the east and the City Maplewood in Ramsey County borders it to the west. The length of Century Avenue Improvements along the Maplewood border is approximately 1.8 miles. BACKGROUND In 2002 Century Avenue, north of Valley Creek Road to 1 -94 and Valley Creek Road (designated at that time as Trunk Highway 120) was turned back to Ramsey and Washington Counties. It was then determined that improvements were needed based on increasing traffic volumes, poor intersection operations, safety concerns, access issues, and poor pavement conditions. The current average daily traffic on Century Avenue is 14,000 vehicles per day and 10,300 for Valley Creek Road. Over the next twenty years volumes are projected to reach up to 16,500 vehicles per day on Valley Creek Road near the 1 -494 interchange and up to 22,400 on Century Avenue. Subsequently, preliminary design and environmental studies by Washington and Ramsey Counties and SRF Consulting Group in cooperation with Mn /DOT, Woodbury, and Maplewood commenced in 2003 and concluded in 2006. Ramsey County has assumed the lead role on the final design and construction administration for the last phase of the Century Avenue and Valley Creek Road project. The Century Avenue and Valley Creek Road project was split into three phases; Weir Drive north of Valley Creek Road (Woodbury), 1- 494 /Valley Creek Road Interchange including Valley Creek Road between Woodlane Drive and Weir Drive (Woodbury), and lastly Century Avenue between Brookview Drive and Lake Road and Weir Drive to one quarter mile west of Century Avenue on Lower Afton Road (Maplewood and Woodbury). The first two phases mentioned above were completed in 2006 and construction of the last phase, which this report is based, is set to occur in 2008 -2009. The last phase within the City of Maplewood boundary includes the reconstruction of Century Avenue from Brookview Drive to Lake Road and a portion of Lower Afton Road that extends about one quarter mile west of Century Avenue. Currently, the detailed design phase has begun and right -of -way and easement acquisition are in progress by Ramsey County for those properties in Maplewood that abut the improvements. The county estimates acquisition, of right -of -way and easement, to be completed in December of 2007. A series of public meetings, open houses, and correspondence with area residents and businesses were conducted in 2003 and 2004. An open house and public hearing was held on November 17 2004 at Woodbury city hall for Woodbury and Maplewood residents to inform the public, get input, and answer questions regarding the Environmental Assessment Worksheet (EAW). On March 8 2005 the Washington County Board determined that the Environmental Assessment Worksheet prepared for the Century Avenue/ Valley Creek Road Reconstruction Project was adequate and made a negative declaration for the need of an Environmental Impact Statement. This concluded the State environmental review process. And the Federal environmental process was concluded when the Federal Highway Administration issued a Finding of No Significant Impact on March 28 2005. On November 13 2006 the Maplewood City Council was presented with Ramsey County project details regarding the construction and easement acquisition estimates. On April 9 2007 the City Council passed a resolution directing city staff to prepare this feasibility study to analyze funding sources to cover the City of Maplewood's estimated contribution towards project costs. PROJECT DESIGN Currently Century Avenue is a two lane road section with unprotected turning movements. The existing street section from Brookview Drive to Upper Afton Road consists of 12 -ft driving lanes and 8 -foot shoulders. The existing street section from Upper Afton Road to Lake Road consists of 12 -ft driving lanes and 4 -ft shoulders. To address safety, access issue, and growing traffic operations problems, the road is set to be widened to four lanes with a center raised island to separate opposing traffic. Lane widths range from 13 -ft to14 -ft. Both Century Avenue and Valley Creek Road /Lower After Road will have left turn lanes at all intersections and Valley Creek Road /Lower Afton Road will include shoulders and right turn lanes. Century Avenue will not have shoulders and right hand turn lanes due to environmental and property constraints. Street signals will be installed at the intersections at Century /Lake Road and Century /Lower Afton Road, while the signal at Century /Upper Afton Road will be replaced and upgraded. Sidewalks and /or trails will be constructed along the majority of both sides of the roadway improvements. Generally a 6 -ft concrete walk is proposed on the west side of Century Avenue from Lower Afton Road to Brookview Drive with a variable 0 -ft to 6 -ft boulevard width. An 8 -ft bituminous path is proposed on the east side of Century Avenue from Lake Road to Woodbine Avenue with an 8 -ft boulevard 2 width, with the exception of a 1,560 -ft no trail section near the northern part of the Century Avenue improvements due to impacts. The approach to Century Avenue from Lower Afton Road is set to have four lanes with lane widths of generally 12 -ft, and will also have a 14 -ft right turn lane and 14 -ft left turn lane. Improvements are slated for the approach to Century Avenue from the Ramsey County Corrections facility in order to line up the Corrections facility driveway across from Oakwood Road. This will allow a break in the center raised island to allow for access at one central location instead of offset access points. Also access will be eliminated from Willow Road (Woodbury) onto Century Avenue. A cul -de -sac will be constructed and Willow Road residents will have to enter Century Avenue from Upper Afton Road. Ramsey County's working design plans for this improvement can be found in the office of the city engineer. STORM WATER MANAGEMENT SRF Consulting Group prepared a preliminary design in November of 2004, which included several best management practices including bio- infiltration basins and wet detention basins. The final storm sewer pipe layout and best management practices to meet treatment requirements will undergo final design this summer. Pond areas were identified at the northwest corner of Century Ave /Lower Afton Rd (Ramsey County Corrections property) and on the west side of Century Avenue on the Ramsey County Parks and Recreation property located south of the Lutheran Church of Peace. Also bio - filtration/ infiltration basins on the north and south side of Battle Creek are being considered on the west side of Century Avenue. These storm water management requirements are assumed to be the responsibility of Ramsey County and will be designed to assist Maplewood in meeting all non - degradation requirements for this roadway drainage. WETLAND IMPACTS There are wetland impact areas for the work to be completed along Century Avenue. Please refer to the wetland permit application report prepared by Ramsey County titled: Century Avenue & Valley Creek Road Reconstruction, Lower Afton Pedestrian Trail Construction, Maplewood & Woodbury, Minnesota. The report is located in the office of the city engineer and provides information on how the disturbed wetlands are to be replaced and the location of the new wetland areas. Replacement wetland will be constructed by limited excavation, soil disposal, berming, and diversion of source water from a future adjacent wet pond according to the report. Again please refer to the report for additional details. Wetland replacement will also occur on the Ramsey County Correction property adjacent to the proposed pond (NW corner of Century /Lower Afton). All wetland impacts and replacements shall meet the requirements of Ramsey - Washington Metro Watershed District (RWMWD). PERMITS Ramsey County will submit a permit application to Ramsey- Washington Metro Watershed District (RWMWD) in the fall of 2007 in anticipation for project construction. The application will identify the implemented BMPs in the construction plans in order to meet RWMWD water quality criterion. Ramsey County will prepare the Storm Water Pollution Prevention Plan (SWPPP) and apply for the National Pollutant Discharge Elimination System (NPDES) permit prior to construction activities. TRAFFIC CONTROL Ramsey County will prepare a traffic detour route during construction activities. Once detour routes and construction phasing is known, Maplewood will post this information on the city website. Also, detour signs will be placed during construction activities. The qualified contractor that is selected to construct the improvements must meet all requirements set forth in the Minnesota Manual on Uniform Traffic Control Devices. PROJECT COST The cost estimate for the entire Century Avenue and Valley Creek Road /Lower Afton Road reconstruction project is $22,809,000. In addition to construction costs, this estimate includes costs for right -of -way and easement acquisition, engineering and administration, and contingencies. This estimate will be updated as right -of -way and easement acquisition progresses and design plans near the final stage. COST RECOVERY Based on the City of Maplewood's Pavement Management Policy, the city assesses properties abutting streets slated for improvements. In this case, a total of seventeen (17) parcels abut the Century Avenue improvements and two (2) parcels abut the Lower Afton Road improvements. There are five (5) Ramsey County parcels abutting Century Avenue that would be exempt from the Century Avenue city assessment since the County is providing direct funding of approximately $1.7 million. Two (2) of the five (5) Ramsey County parcels also abut the Lower Afton Road improvements and would be exempt from the city assessment also. The eligible properties for both storm and streets assessments are on Century Avenue and consist of two (2) residential properties and ten (10) commercial properties. The city's 1999 pavement management policy identifies certain improvement options with established assessment rates for each of those options. The 2007 assessment rates were set by the city council: 4 Residential Rates: • $4,960 /unit for full street reconstruction (adding or replacing curb & gutter). • $3,700 /unit for partial street reconstruction (utilizing existing curb & gutter). • $820 /unit for drainage improvements. Commercial or Multi- Family Rates: • $99.20 /Front Ft. for full street reconstruction (adding or replacing curb & gutter). • $74.00 /Front Ft. for partial street reconstruction (utilizing existing curb & gutter). • $16.40 /Front Ft. for drainage improvements. Since, the assessments are proposed to occur in 2008, it is assumed that a 10% increase would be made to above assessed rates. These rates are reflected in the preliminary assessment roll provided in Exhibit 2 . None of the properties abutting Century Avenue have been assessed for storm sewer, which means all eligible properties would be charged both a full street reconstruction assessment and storm assessment. The map of properties to be assessed in Exhibit 3 does not include the exempt Ramsey County properties abutting the improvement areas. Numerous sources of funding will be used and the following table is a summary of the primary sources, Maplewood being one of them- T.H. Turnback Funds: $ 14,570,000 (63.9 %) Federal Funds: $ 3,279,000 (14.4 %) Ramsey County: $ 1,698,000 (7.4 %) Washington County: $ 1,549,000 (6.8 %) Woodbury: $ 1,343,000 (5.9 %) Maplewood: $ 370,000 (1.6 %) Estimated Total: $ 22,809,000 (100 %) Maplewood Estimated Assessments: Street assessments: $ 267,873.23 Storm assessments: $ 44,285.49 Total $ 312,158.73 Currently the city street and storm assessments would provide 84% of the estimated required funding. Additional funding is needed from Maplewood beyond the projected assessment amounts, so Municipal State Aid Street Funds would be allocated as an additional funding source, along with the Sanitary Sewer Fund. MAPLEWOOD COST RECOVERY The Maplewood share of this major project is estimated to be less than 1.6% of the total project. A breakdown of the Maplewood share includes: Payment to Ramsey County — Cost Share $ 315,000.00 Maplewood Engineering and Design $ 25,000.00 Maplewood Utility Repairs $ 15,000.00 Maplewood Utility Inspection $ 15,000.00 Total Maplewood Share: $ 370,000.00 The major Maplewood share will be a direct payment to Ramsey County of $315,000 consistent with Ramsey County's cost sharing policy. The remainder of Maplewood costs includes an allocation of $25,000 for staff engineering design and review of the proposed improvements. Additional costs will be incurred by Maplewood for local repairs and adjustments to the sanitary sewer system estimated at $15,000. The final allocation of $15,000 is for a part -time project inspector during construction activities to coordinate the utility improvements to meet city standards. Maplewood Final Cost Recovery: Assessments: $ 312,158.73 MSAS Funds: $ 25,000.00 Sanitary Sewer Fund: $ 32,841.27 Total: $ 370,000.00 PROJECT SCHEDULE The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study and order public hearing Public hearing Assessment hearing Begin construction Complete construction Assessments certified to Ramsey County AM i r00: P008 LP00 r00: CONCLUSIONS AND RECOMMENDATIONS From the results of the feasibility study and investigations, it can be concluded that: 1. The project is feasible as it relates to general engineering principles, practices and construction procedures as it has been presented in this report. 2. The project is necessary for economic and safety reasons and is cost effective when all the related costs are considered — environmental, private and public. 3. The proposed improvement is necessary to maintain the city's infrastructure and keep the level of service for traffic at an acceptable level. 4. The total cost estimate for the project is $22,809,000, of which Maplewood's share is estimated at $370,000 or 1.6% of the total project cost. 5. The total share proposed to be assessed to the benefited properties is $312,158.73. 6. The remainder would be funding through Municipal State Aid Street Funds and Sanitary Sewer Funds. In consideration of the above conclusions, it is recommended that: 1. If the city council deems the project feasible, a public hearing should be held as soon as possible. 2. The proposed improvements should be funded as outlined in this report. 3. The cost of the improvements will be recovered through assessments to the benefited properties, through MSAS Funds, and Sanitary Sewer Funds. 7 EXHIBIT 1 LOCATION MAP ffjf w .� E �E z� I 1E y U PPE R ON RD PROPOSED IMPROVEMENTS APLEOCD W D 2 W AFTON RD Q W WOODBUR L`£ ;~ 1 P J n ?r — a_� E , .. t' ,.; A .......... :r i LAKE ROAD t. DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County {April 30, 2007 }, The Lawrence Group :April 30, 2007 for County parcel and property records data: April 2007 for commercial and I0: /:IN -119M Century Avenue Improvements Preliminary Assessment Information City Project 03 -15 PARCELID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS FRONT COMMERCIAL FOOTAGE STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 12822140002 RINKEL CO 47 CENTURY AVE N 135.00 $2,435.40 $14,73120 $17,166.60 12822410001 SPEEDWAY SUPERAMERICA LLC 11 CENTURY AVE S 150.00 $2,706.00 $16,368.00 $19,074.00 12822410006 COUNTY OF RAMSEY PARKS AND REC 0 UPPER AFTON RD E -- - - - - -- ---- - -- -- - - - - -- EXEMPT 12822410010 TMRH PROPERTIES INC 21 CENTURY AVE S 138.85 $2,504.85 $15,151.31 $17,656.17 12822410004 LUTHERAN CHURCH OF PEACE 47 CENTURY AVE S 440.00 $7,937.60 $48,012.80 $55,950.40 12822410007 COUNTY OF RAMSEY PARKS AND REC 97 CENTURY AVE S - - - ---- -- - - - - -- -- - - - - -- EXEMPT 12822410008 RANDALL DENNIS 105 CENTURY AVE S 1 $902.00 $5,456.00 $6,358.00 12822410009 FELIPE ALBERTO GRANDA 111 CENTURY AVE S 1 $90200 $5.456.00 $6,35$.00 12822440001 COUNTY OF RAMSEY COMM CORR 0 CENTURY AVE S -- - - - - -- - - - - -- - - - - -- EXEMPT 122822440001 COUNTY OF RAMSEY COMM CORR 2621 LINWOOD AVE E -- - - - - -- ---- - -- -- - - - - -- EXEMPT 12822140003 ZULFIQUAR ALI PUNJANI 27 CENTURY AVE N 202.00 $3,644.08 $22,042.24 $25,68632 12822110022 COMMERS CLOVER 11 LLP 2714 BROOKVIEW DR 150.00 $2,706.00 $16,368.00 $19,074.00 12822140001 SPRUCE PARTNERS LLC 89 CENTURY AVE N 725.00 $13,079.00 $79,112.00 $92,191.00 12822140004 PRINCETON TOWNMART LLC 19 CENTURY AVE N 100.00 $1,804.00 $10,912.00 $12,716.00 12822140005 HOGDA LLC 9 CENTURY AVE N 125.00 $2,255.00 $13,640.00 $15,895.00 12822110021 DONALD ROEMER 135 CENTURY AVE N 189.00 $3,409.56 $20,62168 $24,033.24 122822110001 COUNTY OF RAMSEY COMM CORR 297 CENTURY AVE S - - - - - -- -- - - - - -- -- - - - - -- .EXEMPT_ RESIDENTIAL COMMERCIAL STORM UNITS FRONT ASSESSMENT FOOTAGE TOTALS= 2 2354.85 $44,285.49 2008 ASSESSMENT RATES (ASSUMING 10% INCREASE OVER 2007 RATES) STREET ASSESSMENT TOTAL ASSESSMENT $267,873.23 $312,158.73 TOTAL = $312,158.73 RESIDENTIAL STORM SEWER = $902.00tUNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $5,456.00tUNIT COMMERCIAL STORM SEWER = $18.041FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $109.121FRONT FOOT 1of1 EXHIBIT 3 STREET AND STORM ASSESSMENT PROPERTIES W 2 - y jf r� Z RI E r 135 Century Ave N .2714 Braakview Dr _., 89 Century Ave N 47 Century Ave N F 28 27 Century Ave N 19 Century Ave N { ity UF PEI T 1 a° 9 Century Ave N 11 Century Ave S 21 Century Ave S 47 Century Ave S 111 Century Ave S 105 Century Ave S alt DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County {April 30, 2007 }, The Lawrence Group :April 30, 2007 for County parcel and property records data: April 2007 for commercial and Agenda Item L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Pond Overlook Public Improvements (2161 County Rd D), City Project 07-08 Resolution Accepting Report and Calling for Public Hearing DATE: May 29, 2007 INTRODUCTION The feasibility study for the Pond Overlook Public Improvements is complete and is available for review in the office of the city engineer. Final copies of the study will be made available to the city council prior to the public hearing. The study includes information on the proposed improvements, costs, financing, and probable assessments. The city council will consider accepting the feasibility study and ordering a public hearing. xe The proposed project area is illustrated on the attached project location map. A developer is proposing five 2-unit townhomes and petitioned the city to conduct a feasibility study regarding extension of a public street (cul-de-sac) and utilities into the site. The public improvements for this site are contingent upon city council approval of the developer's request for rezoning, PUD, and preliminary plat. The developer is planning to bring this request to council on the same date as the hearing for the public improvements (June 25th, 2007). The total project budget as reported in the feasibility study is $263,427. The costs of all improvements are to be fully assessed to the developer property over a period of fifteen calendar years. RECOMMENDATION It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:30 p.m., Monday, June 25 2007, for the Pond Overlook Public Improvement project. Attachments: 1. Resolution 2, Location Map 3. Executive Summary RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to r9SO|UUOD of the C0UDd| adopted March 12th, 2007. 8 report has been prepared by the city engineering division with reference to the improvement of Pond Overlook Public Improvements, City Project O7'U8,8ndLhispep8rtvv8Sr8c8iv8dbyLhHcoUnCi|onJVne11,2O07,8nd WHEREAS, the report provides information regarding whether the proposed project isneCeSSory. cost-effective, and feasible, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL [)FMAPLEVVOOD. 1. The council will consider the improvement [f Pond Overlook Public Improvements CZ181 County Road D) in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement Of$283 2. A public hearing shall be held onsuch proposed improvement Vn the n5 day Cf June, 2UUy iD the council chambers Of city hall Ed7:30p.[n. and the clerk shall give mailed and published notice 0f such hearing and improvement as required by law. ��M, 694 � NONE ., coa Heikts i i i I Playc rest Park 4 N i CITY OF MAPLEKVOOD POND OVERLOOK PUBLIC IMPROVEMENTS (3181COUNTY ROAD D) CITY PROJECT 07-H EXECUTIVE SUMMARY The Feasibility Study and Report have been prepared for the Pond Overlook Public Improvements - City Project 0-08. The proposed project involves new street construction of approximately 215-feet along with sanitary sewer and water extension into the development site from the existing utilities located in County Road D. Proposed drainage improvements in conjunction with the project include a storm sewer catch basin that will outlet into a developer constructed infiltration basin. The estimated costs for the proposed improvements are detailed below. These costs include allowances for construction cost contingencies and allowances for indirect costs, as detailed in the feasibility cost estimates. Proposed Improvement Estimated Cost Sanitary Improvements: $ 40,502 (15%) Water Improvements: $ 88,887 (34%) Street Improvements: $111,003 (42%) Storm Improvements: $ 10.394 (4/%) Erosion Control/Restoration: $ 12,641 (5%) Total Estimated Project Costs: $263,427 (100%) It is proposed that the improvements be financed through a property assessment to benefiting developer property. Financing Source Amount Developer Property Assessment: $ 263,427 (1UU%) The following iso proposed schedule for the project should the city council vote hnproceed: Receive feasibility study and order public hearing 06/11/07 Public hearing 08/25/07 Authorize preparation of plans and specs 06/25/07 Approve plans and specs/authorize advertisement for bids 07/23/07 Bid date 08/16/07 Assessment hearing 10/22Y07 Accept bids/award contract 08/27707 Begin construction 09/04/07 Complete construction 10/31/07 Assessments certified to Ramsey County 11/15/07 Based on the analysis completed as part of this report, the proposed Pond Overlook Public Improvement project is feasible, necessary and cost effective, and would be a benefit to the City of Maplewood. FEASIBILITY REPORT FOR POND OVERLOOK PUBLIC IMPROVEMENTS CITY PROJECT 07 -08 2161 COUNTY Roan D 1 hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Signature: Michael W. Thompson, P.E. Date: License No. 45641 City of Maplewood Department of Public Works 1902 East County Road B Maplewood, Minnesota 55109 C+ 0 V CERTIFICATION............................................................................................ ............................... i TABLE OF CONTENTS ................................................................................. ............................... ii EXHIBITS....................................................................................................... ............................... ii INTRODUCTION............................................................................................ ..............................1 PROPOSED IMPROVEMENTS ...................................................................... ..............................1 Public Street Construction ................................................................... ..............................1 Sanitary Sewer Extension ................................................................... ..............................2 Watermain Extension .......................................................................... ..............................2 Street Drainage Improvements ........................................................... ..............................3 MISCELLANEOUS UTILITIES ........................................................................ ..............................3 EROSIONCONTROL ..................................................................................... ..............................4 TRAFFICCONTROL ...................................................................................... ..............................4 NOISEMITIGATION ....................................................................................... ..............................5 ESTIMATEDCOST ....................................................................................... ............................... 5 METHOD OF FINANCING .............................................................................. ..............................6 PROJECTSCHEDULE ................................................................................... ..............................6 CONCLUSIONS AND RECOMMENDATIONS ............................................... ..............................6 EXHIBITS Exhibit 1: Location Map Exhibit 2: Feasibility Petition Exhibit 3: Street and Utility Extension Preliminary Layout Exhibit 4: Cost Estimate Exhibit 5: Property Assessment Map ii FEASIBILITY REPORT PROJECT 07 -08 POND OVERLOOK PUBLIC IMPROVEMENTS 2161 COUNTY ROAD D INTRODUCTION On March 12th, 2007 the Maplewood City Council authorized the preparation of a feasibility study for the Pond Overlook Public Improvements which would accommodate the development of the property at 2161 County Road D (PIN 353022440011). The proposed project includes the following public improvements: • Public Street Construction. • Sanitary Sewer Extension. • Watermain Extension. • Street Drainage Improvements. The proposed improvements are needed in order to provide the utilities and public infrastructure to accommodate the proposed development of the property. The developer is currently considering a site layout on the 2161 County Road D property consisting of 5 two -unit townhomes. Currently there is one single family house centrally located on the property. The developer will have to submit and be approved for a planned unit development and rezoning for the development site prior to approval of these proposed public improvements. In essence, the public improvements would be contingent upon approval of a preliminary plat for the proposed project site. The project location map is provided in Exhibit 1 . PROPOSEDIMPROVEMENTS The following is a summary of the public improvements that are being considered. The owner submitted a petition to city staff on March 1 2007 to conduct this feasibility study as shown in Exhibit 2 . And on March 12 2007 the city council ordered the feasibility study. Public Street Construction The proposed public street would extend approximately 215 -feet into the 2161 County Road D property and would be constructed to a width of 28 -feet measured face of curb to face of curb. The proposed right -of -way would be a 50 -foot width and is reflected in the developer's PUD application. For public safety purposes the end of the public street would be comprised of a cul -de -sac turnaround with a minimum diameter of 84 -feet from face of curb to face of curb. The street construction would generally consist of the city standard 3.5- inches of bituminous pavement supported by 8- inches of aggregate base. The geotechnical evaluation by Braun Intertec anticipates some soft and wet clayey subgrade soils therefore it was assumed that a 24 -inch sub -cut be required beneath the aggregate base to remove and replace inadequate subgrade materials with select granular materials. An approximate 75 -foot intersection landing area, extending from County Road D north into the development site would be provided. The landing area limits the street slope to 2 %. The city requires landing areas at tee intersections for the street of lesser priority when intersecting with a collector or arterial street. Please refer to Exhibit 3 for the preliminary public street layout and proposed utility extension layouts for the utilities discussed below. The city would prepare a developer agreement, in which the developer would enter and assume certain responsibilities such as rough grading of the site and bringing the public street grade within 0.2 -feet of final grade during rough grading activities. Sanitary Sewer Extension Sanitary sewer was added to this area of the city as part of the County Road D Improvements, City Project 01 -15, which was constructed in 2002. As part of that project there were two 8 "x4" sanitary sewer wyes with plugs extended to the project site to be used as residential services. The proposed development, however, will require the construction of an 8 -inch sanitary sewer main from the existing sanitary sewer manhole located in County Road D to extend fully into the project site. The 8 -inch sewer main proposed to extend into the development from County Road D will necessitate a portion of County Road D to be excavated and then repaved. Residential 8 "x4" sanitary service wyes would be extended from the proposed 8 -inch sewer main in the development to the proposed right -of -way line at each townhome location at a slope not less than 2 %. It would be the responsibility of the developer /builder to connect the stubbed services at the right -of -way to the individual townhomes (slope not less than 2 %) and pay the city the standard SAC fee for each connection. A sanitary sewer extension permit will have to be secured from the Minnesota Pollution Control. Watermain Extension Also, as part of the County D Improvement, City Project 01 -15, a 1.5 -inch copper water service was extended into the project site. However this service is inadequate to service the 10 -unit proposed development. There is an existing Watermain in County Road D that extends west along County Road D to the east property line of 2161 County Road D then extends south through the city owned property at 2170 County Road D (farm). The City of North Saint Paul has jurisdiction over the Watermain in this part of the city and after discussion with the City of North Saint Paul it was agreed that water service laterals (sizes to be determined) would be connected into the 8 -inch DIP Watermain in County Road D and extended into the development site. A curb stop and box would be constructed for each individual townhome unit and the existing 1.5 -inch 2 copper service would be utilized for irrigation purposes by the townhome association. It would be the responsibility of the developer /builder to connect the stubbed water services at the right -of -way line to the individual townhomes and pay the city the standard WAC fee for each connection. The purpose of extending services instead of the main is to avoid a dead end watermain condition, thus avoiding regular flushing maintenance according to the City of North Saint Paul. The hydrant located in County Road D is looped and has adequate pressure and fire flow capacity to serve the development according to North Saint Paul officials. The City of North Saint Paul will review all watermain and water service related design and may perform construction inspection. The developer is proposing a townhome association which would be responsible for various common items such as retaining walls, landscaping, and the water service laterals from the watermain in County Road D to the individual townhome buildings. The maintenance and repair of the water service laterals would be fully the responsibility of the association. The City of North Saint Paul indicated they would not maintain the water services even if located in the public right -of -way. A permit from Minnesota Department of Health Services for the water service extensions may be in order. Street Drainage Improvements As part of the public street construction, drainage improvements would be conducted in order to channel and treat runoff. The 1 -inch rainfall must be captured and infiltrated over all of the public street impervious areas. The city, in coordination with the developer's engineer, will perform hydrologic and hydraulic calculations for the 2, 10, and 100 -year rainfall events to ensure proper stormwater management design. Also, coordination with Mn /DOT will be required by the developer because there is a Mn /DOT stormwater pond on the east side of the project site and the design calls for utilizing Mn /DOT 1 -694 right -of -way. Currently drainage from the site naturally flows into the Mn /DOT pond and right -of -way, but the developer's engineer must ensure rate and volume controls and also investigate if additional easement area is needed from Mn /DOT. The developer's engineer has submitted the stormwater design to Mn/DOT for review. The developer is currently proposing an infiltration basin to capture and infiltrate the drainage from the public street. Larger storm events producing rainfall greater than the basin capacity would flow into the Mn /DOT 1 -694 right -of -way and then into the Mn/DOT pond. The city would prepare a Developer Agreement in which the developer would agree to assume construction of the infiltration basin. The city would accept and maintain the basin upon a satisfactory construction inspection. Drainage infrastructure outside of public right of way and dedicated public easements would be the responsibility of the homeowners association. MISCELLANEOUS UTILITIES According to Xcel Energy's electric division there is existing 3 -phase overhead electrical service that can adequately service this type of development. And according to Xcel Energy's gas division there is an existing gas main on south side of County Road D across from the proposed development site. Currently only a single gas service is extended from the main into the property at 2161 County Road. The developer would be responsible for coordinating with Xcel Energy to extend both the gas main and the overhead electrical services into the development and pay all associated costs if required by the utility company. The city will help facilitate this process. The gas main should be extended north across County Road D during or prior to the street open cut for the sanitary sewer main connection. Otherwise, the gas main needs to be bored and extended to avoid ripping up the pavement. EROSION CONTROL Erosion control methods will be implemented throughout the project. Silt fence, bio- logs, and other erosion protection methods will be utilized where direct runoff might occur. Inlet protection will be used to protect the new drainage catch basins during construction. These inlet protection devices will be a filter bag, or similar product. Simple pieces of geo- textile fabric will not be used, as they have proven ineffective in the past. Street sweeping will occur, as needed, on all paved street surfaces throughout the project, including along County Road D at the intersection area. Watering of exposed soils and aggregate material would be done as a dust - control measure. The developer would be required to obtain a general construction stormwater permit from the Minnesota Pollution Control Agency (MPCA) since grading activities will disturb over 1 -acre. The developer is required to have a storm water pollution prevention plan (SWPPP) on the development site at all times. TRAFFIC CONTROL The public improvements at 2161 County Road D will cause some disruptions to those vehicles using County Rd D to get between McKnight Road and White Bear Avenue. The normal flow of traffic and a detailed traffic control plan will be required by the contractor performing the public improvements. The traffic plan would be based on the standards set forth in the Minnesota Manual on Uniform Traffic Control Devices. Emergency access for vehicles will be available 24 -hours a day throughout the project. During short periods of time, however, some segments of the project may not be passable while certain work is being executed and the residents will be notified in advance. For example; when the sanitary sewer main from the development is being connected into the existing sanitary sewer manhole in County Road D, a large excavation hole will have to be made in County Road D and repaved to the full width after this work is completed. 4 NOISE MITIGATION The developer provided information regarding estimated noise levels for the development site as reference in the report prepared by David Braslau from David Braslau Associates, Incorporated. For the year 2030, the predicted noise levels at the building sites range from L14(dBA) = 68.3 to L10(dBA) = 76.4. For residential areas, the Minnesota State Noise Standards for daytime (7 a.m. -10 p.m.) is L10(dBA) = 65; and L10(dBA) = 55 for nighttime (10 p.m. -7 a.m). Thus the building units must provide noise reduction to be in conformance with Minnesota State Noise Standards. L10(dBA) is the sound level in decibels which is exceeded ten percent of the time for a one hour survey. The developer is proposing to reduce sound transmission in order to meet Minnesota State Noise Standards by using special construction techniques for the building units in terms of sound transmission class (STC). For example; wall construction would be proposed to meet a STC of 52 because this sound reduction is needed to overcome the lower STC values of windows and doors to achieve an STC 45. The STC of 45 would likely be provided for all building units in order to reduce noise levels by L1o(dBA) = 40. The City's Building Department would need to verify that building plans properly meet special construction standards prior to building permit approval. The city encourages berming but this site may not be conducive to this technique since the property slopes down towards 1 -694 and there is a MnIDOT ditch that serves to transport and hold water along the right -of -way line. Also the berming may impede natural drainage flow from the site into the Mn/DOT right of way. ESTIMATED PROJECT COST The estimated project cost is outlined below. Estimated Project Costs: $263,427 The estimated costs for the proposed project are outlined below and can also be found in Exhibit 4 . The estimated costs include contingencies and overhead, which include engineering, administrative, legal, and fiscal expenses. Estimated Project Cost Summary Pond Overlook Public Improvements (2161 County Road D): Sanitary Improvement: Water Improvements: Street Improvements: Storm Improvements: Erosion Control & Restoration: Total estimate project costs: $ 40,502 (15 %) $ 88,887 (34 %) $111,003 (42 %) $ 10,394 (4 %) $ 12,641 (5%) $263,427 (100 %) METHOD OF FINANCING The proposed improvement costs would be assessed in full to the subject property over a period of 15 calendar years at 6% interest. A $5,000.00 non - refundable payment has already been received from the developer to cover city staff time for conducting this feasibility study which included soil borings cost and coordination. If the project is ordered after the public hearing, the developer shall post $10,000 cash escrow and city staff would begin preparing plans, specifications, and bidding the project as a public improvement. The developer, prior to the city awarding a construction contract, must post a self renewing irrevocable letter of credit in the amount of 125% of the projected total improvement cost. It is to be noted that the preliminary assessment amount to the property shown in Exhibit 5 could be higher or lower depending on contractor bids and charged staff time. Estimated Developer Property Assessment: $263,427 (100 %) PROJECT SCHEDULE The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study and order public hearing Public hearing Authorize preparation of plans and specs Approve plans and specs /authorize advertisement for bids Bid date Assessment hearing Accept bids /award contract Begin construction Complete construction Assessments certified to Ramsey County CONCLUSIONS AND RECOMMENDATIONS 06/11/07 06/25/07 06/25/07 07/23/07 08/16/07 10/22/07 08/27/07 09/04/07 10/31/07 11/15/07 From the results of the feasibility study and investigations, it can be concluded that: 1. The project is feasible as it relates to general engineering principles, practices and construction procedures as it has been presented in this report. 2. The total cost estimate for the project is $263,427. 3. The total estimated share proposed to be assessed to the benefited properties is $263,427. This does not include the standard SAC and WAC fees required at the time of sewer and water connection for proposed townhome units. In consideration of the above conclusions, it is recommended that: 1. If the city council deems the project feasible, a public hearing should be held as soon as possible. 2. The proposed improvements should be constructed as outlined in this report. 3. The cost of the improvements will be recovered 100% through developer funding and assessments to the property. 7 EXHIBIT 3 694 a m ¢GiGlii� Gii?�:iG}' r Tom .0 Ma lew -�� P �, Pa ■�III��a oil Playcrest Park 4 N i EXHIBIT 2 2440 Charles Street R, Suite 210 North St. Paul, MN 55109 651-777-0111 Fax 651-777-0999 andrusbuilt,com March 1, 2007 I am petitioning the City of Maplewood to begin a feasibility study for the extension of utilities and road into the property at 2161 County Road D. Doug Andrus Andrus Homes EXHIBIT 3 PRELIMINARY STREET AND UTILITY EXHIBIT 4 Preliminary Cost Estimate POND OVERLOOK PUBLIC IMPROVEMENTS IMPROVEMENTS MAPLEWOOD CITY PROJECT NO. 07 -08 REVISED: May 16, 2007 CITY PROJECT 07 -08 POND OVERLOOK PUBLIC IMPROVEMENTS FURNISH AND INSTALL 2" TYPE K COPPER WATER SERVICE LF 35.00 Estimated 55,300.00 ................................................................................................................................................................................................................................................................................................................................................................................................................... 2504.XXX ........................................................................................................................................................................................................................................................................................................................................................................... Unit Item Description Unit EST. EST. FURNISH AND INSTALL CURB STOP AND BOX FOR 1.5" TYPE K COPPER WATER SERVICE EA 350.00 Price OUANT. COST 2021.561 .................................................................................................................................................................................................................................................................................. MOBILIZATION ............................... LS ......................... . 060 ........................... 1 00 10 000 00 2101.507 CLEARING &GRUBBING EACH 200 00 7 00 1 400 00 ..................................................................................................................................................................................................................................................................... 2104.511 ............................... SAW CONCRETE PAVEMENT (INCLUDES CURB & GUTTER, DRIVES, AND WALKS) . LF 4.82 30.00 144.54 ................................................................................................................................................................................................................................................................................................................................................................................................................... 2104.501 ................................................................................................................................................................................................................................................................................................................................................................................................................... REMOVE CONCRETE CURB AND GUTTER LF 180 40.00 ............................... 7200 . ............................... 2104 513 ... ... ......................................................................................................................................................................................................................... .. SA...W BITUMINOUS ROAD PAVEMENT L....F .................................................... 3 63 1 ....... 86 . ... 562 65 ............................ 2105.501 ..........................................................................................:........................................................................................................................................................................................................................................................................................................................ COMMON EXCAVATION. CY CY 8.50 43200 3,714.50 ............................... 2105.507 .............................................................................................................................................................................................................................................................................................................................................................................. SUBGRADE . EXCAVATION CY CY ......... ........................... 9.50 874.00 8.303.00 ............................... 2105.522 SELECT GRANULAR BORROW, CY ....... CY 15.00 874.00 13.110.00 2105.526 ................................................................................................................................................................................................................................................................................................................................................................................................................... SELECT TOPS_ OIL BORROW, CY CY 12A0 92.00 1,11320 ............................... 2105.604 .................................................................................................................................................................................................................................................................................................................................................................................................. GEOTEXTILE FILTER TYPE V (SUBCUT) BY $5.06 ....... ....... ... 1,310.00 6,628.60 ............................... 2123.610 ....................................................................................................................................................................................................................................................................................................................................................... STREET SWEEPER WITH PICKUP BROOM HOUR 1 .............. 17 . 70 0.00 ........................... 1 ................... 1 ............................... 2130.501 ................................................................................................................................................................................................................................................................................................................................................................................................................... WATER FOR DUST CONTROL M GAL 28.96 6.00 173.78 ............................... 2211.501 AGGREGATE BASE CLASS 6 FOR STREETS TON ... .... 15.00 ..................................... 550.00 .... .... 8,250.00 .... - ..... 2232 603 MILL BITUMINOUS SURFACE 1.5" DEPTH @ MINIMUM 18 WIDE LF 5.50 18&00 1_,023 2331 603 ......................................................................................................................................L BITUMINOUS ROAD PAVEMENT CONTROL JOINT SAW AND ..SEA.......... .................................................................................. L... F ................................. 1 7 .... 0 00 00 .................. ............................... 340 00 2340.508 ................................................................................................................................................................................................................................................................................................................................................................................................................... TYPE 41 WEARING COURSE M3XTURE TON 60.00 110.00 6,600.00 ............................... 2340.514 ................................................................................................................................................................................................................................................................................................................................................................................................................... TYPE 32 BASE COURSE MIXTURE TON 55.00 150.00 8,250.00 ............................... 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 2.88 70.00 201.60 2502.541 ................................................................................................................................................................................................................................................................................................................................................................................................................... 4" PERF DRAIN TUBING Wt GEO./ROCK LF 11.77 100.00 1.177.00 .............:................. 2503.511 .............................................................................................................................................................................................................................................................................................................................................................................................. 18 CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF 32.79 . 9000 ..................... 2951.10 ..............:................. 2503.603 PIPE BEDDING FOR HDPE STORM SEWER PIPE ANY SIZE LF 10.80 90.00 972.18 2506.602 F &I SAN. SEWER MH WITH R- 1678 -A CASTING ASSEMBLY AND R- 1422 -0015 "SANITARY SEWER" LID EACH 2,500.00 1 . 0 ... 0 2 .500.00 ...........................................................................................................................................................................................................................................................................................................................................................................................................:................ 2507.XXX CONNECT INTO EXSITING SAN. MH EACH 2,000.00 ........ 1.OD ........... 2,000.00 ................................................................................................................................................................................................................................................................................................................................................................................................................... 2501XXX F &I 8" PVC SDR -35 SEW_ ER MAIN LF 30.00 215.00 ............................... 6.450.00 2503.602 8 "x4' PVC, SCHEDULE 40 SERVICE WYE ........, ........, ........, EACH 90 60 10.00 900A0 2504.XXX FURNISH AND INSTALL 2" TYPE K COPPER WATER SERVICE LF 35.00 1,580 55,300.00 ................................................................................................................................................................................................................................................................................................................................................................................................................... 2504.XXX ........................................................................................................................................................................................................................................................................................................................................................................... FURNISH AND INSTALL 1.5" TYPE K COPPER WATER SERVICE LF 25.00 50.00 .............................. ............................... 1,250.00 ...... ............................... 2504.602 FURNISH AND INSTALL CURB STOP AND BOX FOR 1.5" TYPE K COPPER WATER SERVICE EA 350.00 10.00 3.500.00 ................................................................................................................................................................................................................................................................................................................................................................................................................... 2504.604 F & 1- 2" RIGID INSULATION @ WATER MAIN OR SERVICE CROSSING BY 10.00 20.00 ..............:................ 200.00 2506.502 CONST. DRAINAGE STRUCT., DESIGN 48" MH OR CB -MH W1 R- 3067 -V OR 7-1678-A (W13 SUMP) EACH 1,750.10 1.00 1,75010 2511.502 RANDOM RIPRAP, CLASS IV TON 83.77 4.00 335.06 2531.501 CONCRETE C &G, DESIGN 8612, B618. B624, RIBBON OR TRANSITION LF 8.50 550.00 4,675.00 ............................................................................................................................:...................................................................................................................................................................................................................................................................................... 2563.601 T....RAFFIC L.....S .. 1, ............ 000 .. 0 ... 0 1 ... 0 ... 0 ............................... 1 . 00000 ........ ....................................................................................................................................................................................................................................................................... .......... 2573.502 ..CO.........................NTROL SILT FENCE, TYPE HEAVY DUTY ............................. LF ................................ 2.00 .......... 500.00 ..............:........ 1 ................................................................................................................................................................................................................................................................................................................................................................................................................... 2573.530 ................................................................................................................................................................................................................................................................................................................................................................................................................... INLET PROTECTION, TYPE C EACH 209.00 3.00 ............................... 627.00 ............................... 2571601 EROSION CONTROL, CONTRACTOR'S PLAN LS 500.00 100 500.00 .......................................................................................................................................................................................................................................................................................................................................................................................................... 2573.602 ........................................................................................................................................................................................................................................................................................................................................................................................................... FURNISH AND MAINTAIN ROCK ENTRANCE PAD AS PER PLATE 350 EACH 1,145.84 ........................... ...OD .... 1,145 ............................... 2575.523 EROSION CONTROL BLANKET CATEGORY 0 (TYPE WOOD FIBER OS,RD }NET FREE SY 1.85 1,0000.00 0 1_,848.00 2575.532 .................................................................:................................................................................................................................................................................................................................................................................................................................................. COMM. FEAT.. ANALYSIS 20 -D- 10110 -0 -20 FOR SODDEDtSEEDED AREAS Wt MIX 270 LB 0.61 46.00 27.83 ............................... 2575.560 HYDRAULIC SOIL STABILIZER SPRAY, METHOD 3 M GAL 396.00 2.00 792.60 ................................................................................................................................................................................................................................................................................................................................................................................................... 2575.604 SODDING, TYPE LAWN (INCLUD3NG 270RT SEED @ 30 LB1AC} _ BY 2 46 ........................... 1,111.00 ........... ...664.18 2575.664 TURF ESTABLISHMENT - INCLUDING SEED MIX 100W @ 100 LB 1 ACRE SY 1 34 100.00 134.20 Subtotal: 182,113 + 10% Contingencies: 18,211 Subtotal Estimated Construction Costs: 200,325 + 31.5% Engineering, Administrative, Legal and Fiscal Expenses: 63,102 Total Estimated Project Costs: 263,427 EXHIBIT 5 g a T -F- DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey Count Aril 5, 2007), The Lawrence Grou ;A ril 5, 2007 for County parcel and property records data; April 2007 for commercial and Agenda Item L5 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles /\h[ Public Works Director/City Engineer Erin [@ber8e. Assistant City Engineer SUBJECT: Desoto Skillman Area Street Improvements, City Project 06~16, Petition to Install a Street Light on Desoto Street DATE: May 30 INTRODUCTION Several residents along Desoto Street have petit the city to install a street light opposite the d riveway at 1721 O8SOtV Street. The residents request the light be installed for public safety, "targeted dumping", and vandalism that are occurring in the area. The petition for the light i8attached. Discussion Seventeen residents who live along Desoto Street or Burr Avenue have signed a petition to install a street light nn Desoto Street between L8rp8nL8Ur Avenue and RoS8|8vvnAvenue. The residents request the street light to improve public safety due to the wooded areas and steep banks on both sides of the street. Targeted dumping is also occurring within the Cib/'S right Of way and On city property where o lift station i3 located. Public works staff has picked up spare tires, old couches, and other trash that has been dumped on the city's property. Residents also report that vandalism has occurred to mailboxes in the area. Staff supports the installation Vf8 street li VmD8sVto8tneet8d�aC9nth3thecitv's ri Vfvv8yand property to reduce the dumping that is occurring. |n the past, iL has been the city's po to finance and insta street lights Gt intersections and cV|-d8's8tS and res have been respons for the cost of mid block street li ifthey8n8deared. To reduce the dumping that is occurring on the city's property it would be reasonable for the city to finance the cost of 8 street light, which is approximately $3,OOU. A change order will b8 required LO add this additional cost LV the project budget. ){C8| Energy would provide the light and do the iDSt8||@1iOD. It is recommended that the city insta @ street light adjacent tO the city's property where the lift station is located and the cost of the light be financed as part of the street project. Attachments 1, Lotto, 2. Location Map The undersigned residents of the City of Maplewood hereby petition the Maplewood City Council to authorize the Maplewood City Engineer to rent from Xcel Energy, at the expense of the City of Maplewood, a street light on the east side of Desoto Street across the street from the driveway at 1721 Desoto Street. The installation would be in conjunction with City Project 06-16, Desoto- Skillman Area Street Improvements. The justification for this request is as follows: There are three basic reasons to put a street light at this location including: 1. Public safety. 2. "Targeted" dumping. 3. Vandalism. The City of Maplewood has an obligation to be fiscally responsible and the installation of a street light would reduce "targeted" dumping i.e. people stopping to dump large items usually from the back of a truck on City properb/ providing a 'favorable cost/benefit opportunity based on the number of trash pick ups done by the City of Maplewood. The embankment on the east side is currently littered with hundreds of pieces of "window" debris thrown from moving cars. An example of vandalism is the destruction of mail boxes. While this may cycle with kids growing up in the neighborhood, on two occasions, it resulted in police reports due to the use of McGiver bombs which shredded a mail box with deadly force. 1 Location Map Agenda Item L6 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles /\h[ Public Works Director/City Engineer Erin [@ber8e. Assistant City Engineer SUBJECT: Desoto Skillman Area Street Improvements, City Project 06~16; Petition to Install Parking Bays on Mount Vernon Avenue and Revise Improvements to Clark Street to a Mill and Overlay DATE: May 30 INTRODUCTION Doug Jones has petitioned the city to install 2-4 vehicle parking bays along Mount Vernon Avenue adjacent bO the tOwnhOOlmS@t1077 Desoto and 1S85 Clark Street. Mr. Jones would also like the city t0 mill and overlay Clark Street instead of a full reconstruction as planned. His petition is attached. On Wednesday May 9th Ms. Longrie and myself met with Doug Jones on Mt. Vernon Avenue to discuss the possibility 0f constructing parking bays along Mt. Vernon. Ad the site visit Mr. Jones indicated that hewould like k) have some parking bays constructed aSpart of the city project to provide additional parking spaces for his tenants living in the tovvnh0noe3 at 1977-2029 Desoto Avenue and 1984-2034 Clark Street. Currently h8 has a shortage Of parking for the number of tenants living inhis tovvnhVnn8S. Mr. Jones would like 2 parking bays along K8L Vernon Street for 8 total of parking spots. A preliminary cost estimate was done and 2 parking bays with 4 parking spots each would cost approximately $23,000. One parking bay with 8 spots would cost approximately $18.O0U. A retaining wall would be required to construct the bays. Mr. Jones has indicated that he would finance the cost of constructing the parking bays and will also maintain the bays for snow removal. The parking bays would be constructed to allow for parking perpendicular to the street and would be located within the right of way and on private property. A schematic Of the parking bays i3attached. Nt. Vernon is currently 32 fR8L wide and 8|kJvvs for parking on both sides of the Gine8L. NU. Vernon will be constructed to its existing width at 32 feet and continue to allow for parking on both sides of the street. Mr. Jones is requesting that parking be allowed overnight within the parking bays for use by his tenants. It is the city's ordinance that parking is not 8||nvved overnight in the right of way. Mr. Jones has also requested that the city consider a mill and overlay to Clark Street instead of reconstructing the street 8s planned. The pavement condition index 0fClark Street is48. Any street rated under 5OiSa candidate for reconstruction. A mill and overlay benefits streets rated over 80byincreasing the life of the roadway and prolonging the need for 8 full reconstruction. |f8 mill and overlay is done Vn8 street rated poorly the benefit of the improvement does not last long and is not worth the cost. |t should U9 noted that even though the street i3 being fully reconstructed with new concrete curb, the properties along Clark SLpe8{ are being assessed for a partial sLpe8{ reconstruction. Saint Paul Water has also identified the water main under Clark Street aS needing replacement which requires the street to be completely reconstructed. Saint Paul Water uses several criteria to determine Agenda Item L6 whether 8 water main needs k}b8replaced. Number of breaks, year the water main was constructed and tvo8 of pipe is factored into the decision process. The water main under Clark Street was constructed in 1967 out Uf cast iron and has had one main break. Based Vn these factors, the engineers 8t Saint Paul Regional Water deemed that the water main needed tobereplaced. RECOMMENDATION kiG recommended that city staff work with Mr. Jones regarding the design ofih8p8dkingbavn8nd construct them 8S part Of the Desoto Skillman project GSo change order. Mr. Jones would bS required tO provide payment for the parking bays prior to construction and sign an agreement for the maintenance of the bays. It is not recommended to allow parking overnight within the city's right of way for the parking bays. It is not recommended to revise the improvement to Clark Street to a mill and overlay from a full reconstruction. Attachments: 1. Loxo 2. Location Map City of . !! 1 902 C oun t y R i East M aplew ood , MN 551 Attention: City Clerk Re: City Project ##06 -16 Dear Mayor and City Council: I am a property owner in Maplewood owning town houses at 1977 -2029 De Soto, 1994 -2034 Clark and 1985 -2035 Clark St. Pe I would like to request that the City consider modifying they q � fy g � renovation of Clark St. from a total replacement to an overlay. This street is used by local traffic only. It is my understanding that no `undergroun improvements will be c made in this area necessitating a total replacement except for approximately 50 on the south end of Clark St where a storm line will be adjusted. The curb and gutter along 0' ` Clark St. are all in good shape. believe that the top layer of asphalt can be ground off, crack repair where necessary and then install a layer of asphalt. I believe this will provide a workable solution at a much more realistic price. I am a strong believer in rain gardens. We are willing to incorporate them into our landscaping. I do have several May 4, 2007 City of Maplewood Page 2 questions. How well do they work in clay soil which I believe is typical for our area? Are you proposing to drain water from the street into the garden? Have you found that a lot of debris flows from the streets into the rain gardens and would this necessitate more maintenance on our part? I would like to ask that 2 — 4 bay parking stalls be constructed along Mt Vernon. One along the side of 1977 De Soto and the other along side 1985 Clark. I will bear the cost of the construction of these two spaces directly. Sincerely, North Maplewood Townhomes, LLC ft t IM Minneapolis, MN 55421-3404 612-788-5600 ilver Lane N.E. Location Map Agenda Item L7 TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer DuWayne Konewko, Environmental Manager SUBJECT: NPDES Phase 11 Permit: Requesting Council to Set Public Hearing Date of June 25, 2007 to Discuss Annual Report DATE: June 1, 2007 INTRODUCTION As part of Maplewood's National Pollutant Discharge Elimination System (NPDES) permit, the City is required to prepare an annual report detailing the progress made in the previous year towards satisfying the requirements of the permit for our city-wide storm water system. The City is also required to hold a public hearing on the annual report and receive comments from the public. ; A : RIQ LY, I LY, 14 Z I BY- I 1 [*1 Z Staff is requesting council to set the public hearing date of June 25, 2007 to review the 2006 NPDES annual report and receive comments from the public. Staff will be preparing a report for submittal to council prior to the June 25, 2007 City Council meeting Agenda Item L8 TO: Greg Copeland, City Manager FROM: Charles /\hi Public Works Director/City Engineer SUBJECT: Ferndale/Geranium Area Street Improvements, City Project 07-14 Resolution Ordering Preparation of Feasibility Study DATE: jVOe 5 The 2008 Street Improvement program proposes the reconstruction of the streets in the area VfFerndale and Geranium (see attached drawing from Draft CIP, projects C| and [U GS listed in the K8@p|9vv0Od Capital Improvement Plan @S@ proposed project fO[th820O8DOOStrUCdODa88SOD. Due t0 extremely good bid and consultant prices, iL|S proposed to advance this project to8f8||2U07 start. The city council will consider initiating the project by approving the attached resolution ordering the preparation of the feasibility study. Background The Ferndale/Geranium Area Streets have continued to deteriorate over the years with the streets having a current weighted average PC| rating of38 (on G scale from 1tO10O). The public works department continues to spend a considerable amount of time maintaining these streets by patching potholes in severe areas to sustain 8 minimum level o[service. There are 8 number of failed areas on the streets with major SUbgr8d8 problems due toexcess moisture that require major reconstruction. This project would CoDaistOf approximately 1.2 miles of street reconstruction, including drainage and utility improvements. It is necessary to reconstruct these streets to improve serviceability and dr8in8Qe, nn8eL city standards and relieve the maintenance department of continual repairs. The majority VfStr8etG8r9vvithcUrb8ndgVtt9r which will allow for some partial n8CODatrUCtiOn to nSdUC8 COStS. Staff will initiate the project process and feasibility SLVdv by sending an information letter this nnVnLh to the neighborhood residents. This summer one of our consultants will begin topographic surveys and preliminary engineering studies of the project 8rea. Staff will follow up with neighborhood meetings bylater this month 8s the feasibility study is being completed. It is anticipated that the public hearing will be held in early July. Budget Aa noted 0n the attached C|P Data Sheets the total project budget ia$1.570.O00[$1 Ferndale/Geranium and $38O.U0U for Ferndale Street]. VVe have reviewed this project vvithOuroon3u|t8nt pVV| and due to a shortage of work, our VVnSV|t8ntS are willing to provide VG services on this project at a discount [at 2805-O8 billing rates and 8t85%diScounO. By starting now rather than inSeptember-October 2OO7 when this process would normally begin, vvS could save $25.0O0tO$40.000iO design and inspection COStS. With the current bidding market, we have ae9D prices that would indicate proceeding with this project now could save us up to $200,000. Our first phase of work would require authority VpL0$125,0OO for the preliminary work and design prior to bidding. If bids are not received that save funds the project could be delayed and rebid in2OO8. The plans would bene-uaed. Agenda Item L8 It is recommended that the city council approve the attached resolution ordering the preparation of the feasibility study for the Ferndale/Geranium Area Street Improvements, Project 07-14. Attachments: 1. Resolution 2. Site Map frommr z.upData Sheets (2) RESOLUTION WHEREAS, it is proposed to make improvements to the Ferndale/Geranium Area Streets, City Project 07-0? and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $125,000 are appropriated to prepare this feasibility report. Approved this 11th day of June 2007 O CITY OF MAPLEWOOD CAPITAL IMPROVEMENT 2008 -2012 PROJECT TITLE: Ferndale Street. Maryland - Stillwater Road TOTAL COST: $360,000 PROJECT NUMBER: PW03.110 I PROJECT CATEGORY: Public Works DESCRIPTION: Reconstruction of major area roadway JUSTIFICATION: The Ferndale Street pavement is in very poor condition. A major reconstruction is needed to provide the area residents with a serviceable roadway. Reconstruction is recommended. 1 0.3 miles of street, Average PCI: 36/100 PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding Source Prior Years 2008 2008 2010 j 2011 2012 (funding Total Bonds - M.S.A. 13 242,600 0 0 1 0 0 255,600 Bonds - Special Assessment 0 90,000E 0 i 0 O j 0 90,000 Sanitary Sewer Fund 0 14,400 F 0 01 01 0 14,400 PROJECT STARTING DATE: July 2007 PROJECT C O PLETION DATE: October 2008 NEIGHBORHOOD: 09 - Beaver Lake :• CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN ».0 PROJECT TITLE: Ferndale /Geranium Area Streets TOTAL COST: $1,210,000 PROJECT NUMBER: PW04.050 PROJECT CATEGORY: Public Works DESCRIPTION: Neighborhood street reconstruction and pavement replacement project JUSTIFICATION: Geranium Avenue from Ferndale St. to Century Ave. requires a full reconstruction. The remaining streets would require replacement of the pavement with some selective sub grade corrections. Streets proposed for reconstruction include Rose, Evar, Glendon and Geranium. 0.9 miles of streets, Average PCI 35/100 PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding Source Prior Years 2008 2009 Bonds -G.{}. Improvement 127,300 304.500 0 Bonds - Special Assessment 0 363,000 0 Sanitary Sewer Fund 0 48,400 0 ,St. Paul Mater 0 36,300 0 Environmental Utility Fund 0 288,000 0 St. Paul W.A.C. Fund 0 42,5001 0 PROJECT COMPLETION DATE.: October 2008 NEIGHBORHOOD: 09 - Beaver Lake 2010 l 2011 l 2012 l Funding Total 0 0 j 0 431.800 0 01 0 363,000 0 01 0 48,400 0 0 i 0 36,300 0 0 0 288,000 0 ; 01 0 42,500 PROJECT COSTS Preliminaries: $100,000 Land Acquisition: $0 Construction: $1 000 Equipment and Other: $0 Project Costs: $1,210,000 .o] Agenda Item L9 TO: Greg Copeland, City Manager FROM: Charles /\hi Public Works Director/City Engineer SUBJECT: Lark/Prosperity Area Street Improvements, City Project 07-15, Resolution Ordering Preparation of Feasibility Study DATE: June 5 The 2008 Street Improvement program proposes the reconstruction of the streets inthe area of Lark and Prosperity/see attached drawing from Draft CAP, project £B,os listed iD the Maplewood Capital Improvement Plan @S@proposed project for the 20O8 construction season. Due t0 extremely good bid and c0nGU|L8nL prices, it is pn}p0S8d to advance this project to 8 f8|| 2007 start. The city council will consider initiating the project by approving the attached resolution ordering the preparation of the feasibility study. The Lark/Prosperity Area Streets have continued to deteriorate over the years with the streets having a current weighted average PQ rating of31 (on 8scale from 1b]1OU\. The public works department continues to spend a considerable amount of time maintaining these streets by patching potholes in severe areas tO sustain @ minimum level Ofservice. There are @ number Of failed areas On the streets with major subgrade problems and the staff has received a number of resident complaints about the poor quality of these streets. The project involves approximately 1.7 miles 0fstreet reconstruction, including drainage and utility |nnpn]v8rnenis. It is necessary to reconstruct these streets to innpn)vR serviceability and dr8inG0e, meet city standards and relieve the maintenance department of continual repairs. The majority 0fstre8tS dO not have curb and gutter which will require a full reconstruction. Staff will initiate the project pn]C9Ss and feasibility study bv sending 8n information letter this month tothe neighborhood residents and one of our consultants will begin topographic surveys and preliminary engineering studies Of the project @na8. Staff will follow Up with neighborhood meetings bv later this month 8s the feasibility study |s being completed. |tiGanticipated that the public hearing will be held in early July. Budget Aa noted 0n the attached C|P Data Sheets the total project bUd8etia$2.R20.O00. VVe have reviewed this project with our consultant pool and due to a shortage of work, our consultants are willing to provide us services Vn this project 8t a discount [at 2OU5-O0 billing rates and ata 596disCVVnO. By starting now rather than in September-October 2U07 when this process would normally begin, vv8 could save $bO,OOUk} $75.O0Oin design and inspection costs. With the current bidding market, vvS have seen prices that would indicate proceeding with this project n0vvC0u|dS8veUSUptOg45O,000. Our first phase 0f work would require authority Vpto $15O,UO0 for the preliminary work and design prior tobidding. |f bids are not received that save funds the project cOU|db8d8|8yed8ndr8bidin2OO8. The plans would b9pe-uSRd. Agenda Item L9 It is recommended that the city council approve the attached resolution ordering the preparation of the feasibility study for the Lark/Prosperity Area Street Improvements, Project 07-15. Attachments: 1. Resolution 2. Site Map frommr 3. CIP Data Sheet RESOLUTION WHEREAS, it is proposed to make improvements to the Lark/Prosperity Area Streets, City Project 07-15 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount • $150,000 are appropriated to prepare this feasibility report. Approved this 11th day of June 2007 0 p:Jsdskproj \cadmaps \dwg \capital improvements \2007 \pion6p.dwg no S C Q i e CITY OF MAPLEWOOD '*."OAPITAL IMPROVEMENT PLAN PROJECT TITLE: Lark/Prosperity/Burke Area Streets TOTAL COST: $2820,000 PROJECT NUMBER: PW05.060 PROJECT CATEGORY: Public Works DESCRIPTION: Neighborhood area street reconstruction The streets in this area are very deteriorated and require full reconstruction. " Lark Ave., Laurie Road, Sandhurst Ave., Burke Ave.. Prosperity Rd, Kennard St and Flandnau St, 1.7 miles of streets, Average PCI: 31/100 PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding Source Prior Years 2008 2009 Bonds-G.C. Improvement 230,000 1.082,100 0 0 Of 0 112,800 Sanitary Sewer Fund 0 112.800 D St. Paul Water 0 84,600 Environmental Utility Fund 0 403M0 0 PROJECT STARTING DATE: May 2007 �PROJECT COMPLET DATE: October 2008 � NEIGHBORHOOD: 00-Sherwood Glen 2010 2011 2012 Funding Total 0 Of 0 112,800 0 01 0 84,600 PROJECT COSTS Preliminaries: $360,000 Land Acquisition: $0 Construction: $2,460,000 Equipment and Other: $0 Project Costs: $2,820 03 =64510 0% Knaak & Kantrud, P.A ATTORNEYS AT LAW OF COUNSEL: Torn Dailey Don Kohler DATE: 6 June 2007 TO: City Manager, Greg Copeland RE: Applewood Park Litigation t H. Alan Kantrud hakantrud@klaw.us direct. 612-743-4242 114 Qualified Neutral by the Minnesota State Bar Association In late summer of 2006 after I reviewed the issues surrounding the title to Applewood Park I reviewed the matter with counsel for the title company to determine how best to proceed. Counsel and I both regarded the challenges to the City's title to the property to be a potential claim worthy of a tender of defense pursuant to the policy of insurance were a claim to be brought. Due to the various acts of, "self-help," on the part of the children who sold the City the property; which included the posting of the park with, "no trespassing," and "private property" placards in July, counsel for the title company and I agreed that a proactive approach would be more effective than waiting for the next act challenging the City's title to Applewood Park.' In the fall of 2006 counsel for the title company, Chad Lemmons, initiated a quiet title action naming most-every generational member of the historical owners of the land that is now Applewood Park as Defendants. Several memos have been issued regarding this matter. Most recently Judge Warner heard MANY motions one morning and has to issue nine different Orders or one global one addressing all the requests. Many of the motions are duplicative as Ms. Evelyn Wallace is represented by Patrick Tierney and, essentially, what he does Ms. Lazaryan and Mr. Kayser copy with their own documents and motions. One of the claims of the various parties who have responded is that the City Council has not authorized the current action and it therefore has no effect or should not even be recognized. 1 Incidentally, I met with the two principle antagonists. Ms. Nancy Lazaryan and Mr. William Kayser and asked them to assert their claims against the City in court. They promptly initiated a Declaratory Judgment action naming Ms. Lazaryan's daughter, Victoria Marchetti as Plaintiff and everyone BUT the City as a Defendant. So-called Affidavits were presented to Judge Cleary in the Ramsey County District Court and he issued an Order declaring the relief sought by Ms. Lazaryan's daughter, Victoria Marchetti, as against the named-defendants—but with no effect on City. =64511M 0% My opinion as your attorney is radically different of course and has its basis in the law of contracts and my own interpretation of the State Statute regarding powers and duties in a plan B City. Our policy of title insurance requires us (the City) to allow the title insurance company to take whatever action is required to maintain the City's clear title per our policy with them. This of course implies that they can and will initiate actions on our behalf and not in their name because the named-plaintiff in any quiet-title action must have an interest in that property. And that is what has happened here. 2 Secondly I believe that the Council has the power and may authorize litigation pursuant to its authority under Minn Stat. § 412.221(5) but I do not read that as exclusive authority given that the City Manager also has the power to enforce ordinances and the jurisdiction to conduct the City's business(Minn. Stat. §412.651). In this case the City must cooperate pursuant to its contract with the title insurance company it used to close the deal on the Applewood Park property. I was directed to do what was required to resolve the situation with whatever means necessary and as indicated above those processes are in motion. Regardless of the means, the City should now provide its support for actions taken and to be taken with respect to the current action. Furthermore, with the latest activities perpetrated by Ms. Lazaryan and Mr. Kayser with free coverage and publicity and tacit approval from Mr. Bob Zick, it is also important to receive support from the Council to prepare and request from the judge in our case a restraining order/injunction to prevent the Defendants in the case from gaining access to the park property. While it is a public place, the Defendants have again posted the property with placards and gone so far as to accost a local resident and order him out of their park. Such activities are having a chilling effect on the members of the public who use and enjoy the park and who are actual residents of Maplewood. None of the named Defendants are even residents of Maplewood. While this seems harsh, nothing short of a court order will keep them from acts of self-help in my opinion. Recommendation: Adopt the following resolution authorizing legal actions taken to quiet, and such actions to be taken, and authorizing staff and others to pursue whatever means necessary to preserve the comfort and repose of the public as they seek to enjoy Applewood Park while this litigation is active, including but not limited to the use of a restraining order preventing civil unrest on or around the property. 2 It is unfortunate indeed that the title company in this case happens to be represented by Chad Lemmons of Kelly & Fawcett, P.A., the former City Attorney. Mr. Lemmons did notjoin the firm until approximately 2000; long after the transaction and closing on the park property occurred. In any event this has contributed to the level of distrust on the part of the Defendants as has repeated, failed, attempts to assail the probate of Mr, James Kayser's Estate in the Court. =64511M 0% RESOLUTION RATIFYING ACTIONS TAKEN AND APPROVING FURTHER ACTION WHEREAS: the City of Maplewood is the owner of certain lands in the City designated by it as, "Applewood Park," and has so-represented so since approximately 1995 and, WHEREAS: the City has made many improvements on said property for the benefit and enjoyment of the public and, WHEREAS: no challenge to the ownership or use of the property was made by anyone for the ten (10) years following the purchase and possession by the City of the Applewood Park property and, WHEREAS: certain parties have made claims and undertaken efforts to undermine the City's legitimate ownership interest in the Applewood Park property and, WHEREAS: the City has been cooperating with its title insurer in participating in an action to "quiet" the title to the property known as Applewood Park due to our obligation to do so as follows: Paragraph 4d of the conditions and stipulations reads as follows, "In all cases where this policy permits or requires the company to prosecute or provide for the defense or any action or proceeding the insured shall secure to the company the right to so prosecute or provide defense in any motion or proceeding and all appeals therein, and permit the company to use, at its option, the name of the insured for this purpose." Paragraph 4d of conditions and stipulations also contains the following language: "Whenever requested by the company, the insured, at the company's expense, shall give the company all reasonable aid in (i) any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action proceedings, or effecting settlement, (ii) any other lawful act which in the opinion of the company may be necessary or desirable to establish the title to the estate or interest as insured. If the company is prejudiced by the failure of the insured, the policy shall terminate, including any and all liability or obligation to defend, prosecute or continue any litigation with regards to the matter or matters requiring such cooperation." Section 13(a) contains the following language: "The company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim would have had against any person or property in respect to the claim had this policy not been issued. =64511M 0% If requested by the company the insured claimant shall transfer to the company all rights and remedies against any person or property necessary in order to protect the rights of subrogation. The insured claimant shall permit the company to sue, compromise or settle in the name of the insured claimant and to use the power of the insured claimant in any transactions or litigation involving these rights or remedies." WHEREAS: the City is aware that members of the public and City staff are being subjected to needless harassment and extra work due to the direct actions of parties to the current litigation and such a result is not in the best interests of the City, its staff or its residents. THEREFORE BE IT RESOLVED: that the Maplewood City Council does hereby approve of the ongoing efforts to quiet title to the property known as Applewood Park and specifically authorizes the use of the courts to settle the matter and, RESOLVED: that the Maplewood City Council will continue to support and participate if required in future proceedings pursuant to its obligation to do so as written in the contract that constitutes the policy of title insurance covering the property known as Applewood Park and, RESOLVED: that the Maplewood City Council specifically authorizes its staff and agents and attorneys to use whatever means necessary to secure the park property from unnecessary acts of civil disobedience and or criminal conduct including but not limited to the securing of civil restraining orders as required. +•- s. -1lui� FRlelin. National Title Inszwance Cornpanv A Stock Company Owner's Polio of Title Insurance Policy Plumber iVtN2O06 -1 O -CT -157? 5- 95R- 20()6.-71 (- )6- 717697?-4 OWNER'S POLICY Or TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROAl CO6ER4GE, THE EXCEPTIONS FROM COVERAGE CONTALVED IN SCHEDULE B AVD THE CONDITIO_VS :tND STIPULATIOAS, FIDELITY V_ATIOA�-!L TITLE INSUR4NCE COMP.4!VY, a California corporation, herein called the CompallY, i17sures, as of Date ol'Poliev shown in Schedule .4, against loss or damage, not e.ticmflizg the Amount of Inszirance states% in Schedule A, sustained or incurred bY the insured bY reason oj: L Title to the estate or interest described in Schedule .4 being vested other than as stated therein; de /ect in or lien or encumbrance on the title; 3. Unmarketablility of the title; 4. Lack of a right of access to and fi the land The Compa717 will also pay the costs, attornevs' fees and expenses incur -red in defense of the title, as insamed, but onlY to the e_ytent provided in the Conditions and Stipulations. IN GI7TNESS IT'HEREOF, FIDELITY N <4TIONAL TITLE INSURL4NCE COMPANY has caused this policy to be signed and sealed by its duly authorized o ficers cis of Date of'Policy shown in Schechrle ,4. IvIN006 CT- 15725 -95R Capital Title Corporation I2 10 West County Road E Arden Hills, MN 55112 TeL(651) -X90 -5101 Fax: (65 1) 182 -1662 Countersigned: / Authorized Signature (Please print name below) FI1)FLI Y .N.VIAON.1 I1'ILE IN51 C'O:lll'.\.NN By SEALS C � Prc.itic��1 _ .b l r ".r7EST Sccr.ra FORM 1312 (7/05) (27106) ALTA Owner's Policy (10- 17 -92) =_ Mill Fidelity rational Title Insurance Company of New York OWNEWS POLICY OF TITLE INSURANCE POLICY NO. 2?106-- 71769724 SCHED[TLL Date of Policv ?ucrust 7, 1995 at 5:00 Amomit of Insurance $ 5? 5 , 000 " 00 1. Naure ()C InSnreCl: City of Maplewood 2. The estate or interest in the lnnct which is covereel by this policy is: Fee Simple- 3. Title to the estate or interest in the laucl is vested in: _ City of Maplewood +• s. Premium .5 1 , 527 . 50 File No.: CT 1578 - 9E`:�- County: 1. The loud relerrecl to ur this policy is clescribecl as follows: Parcel l: The South half of the West half of the Northwest Quarter of the Northwest Quarter of Section 13, Township 23, Range 22, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Parcel 2 : The South half of the infest half of the West half of the East half of the Dlorthwest Quarter of the Nortteast Quarter of Section 13, Township 28, Range 22, according to the U.S. Government Survey, thereof, Ramsey County, Minnesota. Parcel 3: A11 of the East half of the Northwest Quarter of the Northeast Quarter, e::ce the i,lest half of the West half of the East half of the Northwest Quarter of the [Northeast Quarter, and es :cept the [North 400 feet thereof, all lying and CONTZNUEU Countetsi'Tnecl Capital Title Corporation Ev Authorized Signatory Raymond L. Lemmons Agenda Item X10 Continuation Of Schedule a- Item g File 1\10. : C7- 15723 -95R Policy NO.. 27106 - 717697:'4 being in Sc:,ti n 13, Tom.n ship 28, F:angr 22 , according to th_ Unitsd Stags Government Surve,Y there:)t, Famsey County, Minnesota. Agenda Item X10 elity National Title Insurance company of New York POLIC7' NO. 27106 - 71769724 SCHEllULEB EXCEPTIONS FROM COVE1ZaGE No.: CT- 157:32 -95F: This policy clocs not insure against less or damage (ancl the Company will not pay costs, attorlicvs fees or expenses) which arise by reason of: 1. Any lien, or right to a lien, For services, labor or material heretofore or hereafter famished, imposed by law aucl not shown by the ptiHic. recorels. L Any encroachments, easements, measurements, variations in area or content, Party walls or other (;tots which a correct survey of the premises would show. 3. Rights or claims of parties in possession. 4. Roacls, ways, streams or easements, if any, not shown of reeorcl, riparian rights and the title to any filled -ui lands. S. Last half real estate to - due and payable in the year 1995 and thereafter. Note: The first half 1995 real estate ta__es have been paid in full_ The second half 1995 real estate ta.ces are due and payable on. October 15, 1995. Note: The property ta. ,- , identification number is 13- 2 -8 -22 -12 -0009. Note: There are no levied or pending assessments at this time. 6. Easement for the construction, operation and maintenance of pipeline or pipelines running in favor of Williams Brothers Pipeline Company, created by that Right -of -Way Agreement filed for record in Book 892 of needs, Page 352. =64511M EXCLUSIONS FRONI COVERAGE The toIImying flouters are expressly excluded ItuIn the cmVeraee of this pulicy ant! the Company will not pay loss or damau coats. attorneys' tees or expenses which arise by reason lot`. L (m Any lal.v, ordinance or governmental IC_ulation (including but nut limited to building and zoning laws, ordinances or regulations) resaictine. reguiatinL, prohi'oning or relating to (1) the occupancy, use, or enjoyment of the land: ( ii) the character, dimensions or location of any improvement now ur hereaitcr erected tin the land; (iii) a separa[ion in ownership or a change in the dimensions ur area of the land ur any parcel of which the land is ur was a part: ur I iv) environmental protection. or the effect of any violation of tiles: laws. ordinances or *overnmental re!�_ulatiuns, except to the eetem that a notice of [he enforcement thereof ur a notice of a del'ect. lien ur encunhbr;:r.Ct ;esultin_ ;10111 a violation or alleged violation aCecting the and bas been recorded in the public records at Date of Policy. (bi any eovernnheotal pumice power nut excluded by (a) above, except to the extent Filar a notice of the exercise thereof or a notice of it delft. lien ur encumbran,:e resulting [mall a violation or alle_^_td violation atftctine the land imti been recorded in the public records at Date oi'Policv. _. Rights of enhinera domain unless notice of the exercise thereof has been recorded in the public records at Date of policy. but nut excluding from coverage :toy taking which has OCCtllred prior to Date of Policy which would be binding on the rie of purchaser for value without knowledge. Defects. liens, encumbrances, adverse Claims ur other ma[tcn: (it) create[- sutfered, assumed or agreed to by the insured Clainuuht. b) nut I:nowll to [he Cunhpanv, nut recorded in [he public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the inured claimant became an insured under this polity: (C) resulting in nu loss ur damage to the insured claimant, (d) attaching or created subsequent to Dane of Pulicv; or (e) resulting in loss ur darnaee which would not have been sustained in the insured claimant had paid value for the estate ur interest insured by this policy Any claim which arises our of the transaction vesting in the Insured the estate OF interest by this pulicy, b�: reason of the operation of Federal bahluuptcy. state insolvency, or similar cro diems' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a 1Iand1lea[ conveyance or tiaudulem transfer. or (b) the transaction crcatini- the estate or interest insured by this policy being deemed a preferential transfer except where e pretemnual transfer results from the Iaiiure: (i) to timely record the instrument ofuansler, ur (ii) ill such recordation to impart notice to a purchaser hor v;tlue or a juelgmen[ ur hen creditor. COINiwriONS AND STIPULATIONS L DEFINITIONS OF TERMS The Following terms '.vhen used in this policy mean: (a) "insured': the insured named in Schedule A, and, subject to any rights or defenses the company would have had against the named insured. those who succeed to the interest of the nanhed insured by operation of law as distinguished lion purchase including, but not limited to, heirs, distributes, devisees, Sarylynl'S, personal representatives, next of kin. or corpora[e or ilduciaty Successors. (b) "insured claimant ": and insured claiming loss or damage. (c) "knuwledr*e" or - 'known": actual knowledge, nut constructive knuwletlee ur notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ". the land described or referred to in Schedule A. and improvenhents afli.xed thereto which by law constitute real property. The term "land" does not incude any property beyond the lines of the area described or referred to in Schedule A. nor .illy right. tide, interest. estate or easement in abutting streets, roads, avenues, allevs, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a ri_eht ofaccess to and From the land is insured by this policy. (e) "mo tgage ": mortgage, deed of trust, trust deed, or other security instrument. It) "public records records established under state statutes of Date of Policy fur the purpose o[ imparting constructive notice of matters relating to real property to purchasers fur value and without knowledge. With respect to Section I(a)(iv) of the Exclusions From Coverage. "public records" shall also include environmental protection liens in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarkembility of the title ": an alleged or apparent matter atfecrinL the title to the land, nor excluded ur excepted font coverage, which would entitle a purchaser of the estate or interest described in Schedule A ur the insured mortgage to be released from the obligation to purchase by virtue Of a Contractual condition requiring the delivery of marketable title. 2. CONTINUA1 MN OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as uF Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the I:utd. or holds an indebtedness secured by a purchase money moreaee Liven by a purchaser lion, tlhe insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any n:msfer conveyance lot the estate or interest. This policy Shall not continue in force in favor of any purchaser from the insurer) of either it) an estate ur interest in the land. or (ii) an indebtedness secured by a purchase phoney mortgoue Liven to the insured. 3. No of ci—a i TO BE GIVEN BY INSURED CL-kIiNI,-\NT The insured shall notify the Company promptly in writing (i) in case of any litigation as Set forth in Section d(a) below, (ii) in case knowledge shall come to an nsured hereunder of any claim of title or interest which is adverse to the title to the estate m interest. as insured. and which might cause loss or damage for which the company may be liable by virtue 01 policy, or(H) if title to the estate or interest, as insured. is rejected as unmarketable. IF prompt notice shall no[ be given to the company, then as to the insured all liability of the Company shall terminate with retard to the matter ar matters In, which prompt notice is required: provided, however. (hilt Failure to notify the Company shall In no case prejudice the I'HUMS of any insured under this policy unless the Company shall be prejudiced by the Failure and then only to tike extent of the prejudice. d. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options contained in Section G of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a detect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent [he insured as to those stated causes of action and shall not he liable for and will not pay the Fees of any other counsel. The Company will not pay any fees, cost or expenses incurred by the insured in the defense of those CauseS of action which allele matters not insured against by this policy. (h) The Company shall have the right, at its own cost, to institute and prosecute anv action or hi proceeding or to do any other act wch in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured. or to prevent or reduce loss ur damage to the insured. The Company shay take any appropriate action under the temp of this pulicy, whether or not it shall be liable hereunder, and shall not thereb concede liability or waive any provision of this policy. IF the Company shall exercise its rights under this pmngraph, it shall do so diligently. ,(c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adversejudenheot I)[ order. (d) In all cases whhere this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Conhpany to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, Obtaining .vitresses, prosecuting or defending the action or proceeding , or effecting settlement, and (ii) in any other lawful act which I the opinion of the Company may he necessary or desirable to establish the title to the estate or interest, as insured. If the Company is prejudiced by the failure of the insured under the pulicy shall tenninate, including any liability or obligation to defend, prosecute, Of continue any litigation, with regard to the matter or matters requirim; such cooperation. =64511M PROC)F 01' LOSS OR DAMAGE In addition to anti after the notices required under Section = of these Conditions and Stipulations hove Been prop ided the company, a proof of loss or clamarre signed and sworn to by the insured claimant shall ascertain [he Facts giving rise to the loss or damage. The proof' of loss or damage shall describe the detect in, or lien or encunhhrance on the title. other matter insured against by this policy which constitutes the basis of loss or damage and shall scae, to the extent possible. the basis of calculating the amount of the loss or danu[ge. It the Company is prejudiced 'by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insure under the policy shall terminate, including any liability err obliution to defend, prosecute, or continue any litigation. hcith regard to the matte, or matters requiring such proof of loss or damage. n adddi:;n . the insure clainutn[ may reasonably be requited to submit to �..a:mination oath by an authorized representative ul the Gmhnany anti shad prodiuce for rumination, inspection and copying, at such reasonable times and piaces as r;ay be designated by any authorized representative of the Conhpany, all records. buois, le rss. eihecks. correspondence and memoranda, whether bearing a date before or ane: Date of Policy. which reasonably pertain in the loss or damage. Fmftlhef- 11 requested by any authorized represencttive UI the Company, all records, books. ledgers. checks, correspondence and memoranda. whether bearing a date before or alter Date of Policy. which reasonably pertain to the loss or damage. Further, if requested by an authorized representative of the Company the insured claimant shall grant its permission, in writing, fur any authorized representative of the Company to examine, inspect and copy all records, books. Itclutrs, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to other=_ unless. in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit Filr examination under oath. produce other reasonably requested intonthation or grant permission to secure reasonably necessary Information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO I'A1 OR OTHERWISE SFTTLE CLAIb1S: TFRiliI.NATION 01 L1AB11,ITY In case of a claim under this policy, the Company shall have the following additional options: (a) Tu Pav or Tender Pavment of the Amount of Insurance (i) To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. (ii) Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability err obligation to defend, prosecute, or continue any litigation and the policy shall be surrendered to the Company for cancellation. (b) To Pav or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant li) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with Lilly costs, attorneys: fees and expenses incurred by the insure claimant which were authorized by the Company up to the time of payment and which the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided For under this policy, together with any costs, attomeys' fees and expenses incuned by the insured claimant which were authorized by the Company up to the time of payment and which the company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs NO nr (ii), [he Company's obligations to the insured under this policy for the claimed loss or damage. other than the payments required to be made, shall terminate, including any liability or obligation to defend. prosecute or continue anv litigation. 7. DETERMINATION- EXTENT OF LIABILITY AND COINSURANCE This policv is it contract of indemnity against actual monetary loss or damage sustained or incwTed by [he insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated I Schedule A; or, Oil the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (Ill In the event the Amount of Insurance stated in Schedule A ai the Dane of Policy is less than H percent of the value of the insured Csrate or interest Or the Will consideration paid fix the land. whichever is less, or it' subsequent to the Dateuf policy an improvement is erected on the land which increases the Ialue of the insured zsctte or interest by ;u least '0 percent over the .Amour[ of Insurance stated in Schedule A. then this Policy is subject to the following: lit where no subsequent improvement has' been made. as [o any partial loss, the Company shall only pay the loss pro rata in the proportion that the anuxmt of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made. :u to anv partial loss, the Company shall only pay the loss pro rata in [he proportion that 110 percent of die Amount of Insurance sawed in Schedule A bean [o Inc sum of the Anwunt of Insurance stated) in Schedule A and the amount expended lot the improvement. The provisions of this paragraph shall not apply to costs, attorneys' Dees and c.-menses For which the Company is liable under [[its policy, and shall oniy appiy to that portion of anv loss which exceeds, in the agUre_:ue. In percent ol'the Amount of Insurance stated in Schedule A. ic) The Company will pay only those rests, ittoinevs' fees and expenses incurred in accordance with Section -I of these Conditions and Stipuiatinns. 8. APPORTIONMENT It the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established ati'ecting one or more of the parcels but not all, the loss shall be computed and settled on it pro rata basis as if the anwunt of insurance under this policy was divided pro rata as to the value on Date of Policy OF each separate parcel to the whole, exclusive of any improvements made subse- quent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of [his Policy and shown by an express statement or by an endorsement attached to this policy. 9. r i 1 I ON 01' LIABILIT Y (a) It' the Company establishes the tide, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from [he land, or cures the claim of unmarketabilay of title, all its insured, in a reasonably diligent manner by any method. including litigation and the completion otanv appeals therefrom, it shall have fully performed its oblil-ations with respect to that matter and shall not be liable for any loss or damage Caused thereby (b) In the event of any litigtion, including litigation by the Company or with the Company's consent, the Company shall have no liability for Toss or damage until there has been a Final determination by a Court of competentjutisdiction, and disposition of all appeals therefrom, adverse to the tide, as insured. (c) The Company shall not be liable for loss of damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. lit. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made Ion costs. attorneys Fees and expenses, shall reduce the amount of the insurance pro tanto. IL LIABILITYNONCUMui,ATIyE It is expressly understood that the amotmt Of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mort¢a <e to which exception is taken in Schedule B or to which the insured has agreed. assumed. or taken subject, or which is hereafter executed by an insured and Minch is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYINENT OF LOSS (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or desttoved. in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (W When liability and the extent of loss or damage has been clelinitely Fixed in accordance with these Conditions and Stipulations, the loss or dames ge shall be payable within 30 days thereafter. =64511M '4 sm3im(;.A'ri 0N UPON P,A)'JIENTOR SETTLEMENT (a) The Cnmtlona's Ri''ht of Suhra��ation W11cnCVer the Company shall ha•.e settled and paid a claim under this policy, all ri_hf �,I '- uhroeation shall , est in the Cnrtlptnly unafFecfed by any act ut the insured clann;ult. The Company shall be subroeateCl to and be entitled to all riehts anti remedies which the insured clainuint would have had aeainst any person or property in respect I() the Clain( would ha e had allamst any person or prnperty in respect ro the claim had this policy not been issued. H requested by the Company the insured Claimant shall ❑anslcr to the Company all riehs and remedies aeainst any person or property nccessai to order to perfect this right of subroeLmon. The insured claimant shall perms( the company to sue. compromise ur settle in rite name of the insured claimant ind ut use the name oh the insured claimant in my transaction or lineation imolvinc these ricLts or remedies. II a pavntent on account UI :t Clain( does ntu lllilkl Cover tits ions of the insured Claimant, the Conlnunv ah;tll be SuhrocatrJ to tbese risiu >. and remedies :n file proportion which the C'ompany's payment bears to the whoie amount of the lost. It loss should result (moat any act of the insured ci.lintant. as stated above, that act shall not t )id this puliCy, but the Companv, in that event. Shall he renuired ro pay unh- rhat part of any losses insured aeainst by this Polk.; •,which shall exceed the antotnt. if any, lost to the Companv by reason of the impairment by the insured claimant of the Company ; ri ufsubroeation. h) The Cnnm:rttv's Rights A-ainst Non- Insured Ohli!nrs. The Company's right of stbi'OC:uIolt aeains[ non - insured obligors shall exist alit] shall include. Without limitation, the rights ul' file insured to indemnities. guaranties, other policies of insurance or bonds, nutwithstandinc any terns ar conditions contained in those instruments which provicle fur subrogation riLhts by reason of this Policy 14. MMITRATION Unless prohibited by applicable law, either the Company or the insured may demand nrbin pursuant to the Title Insurance Arbitration Rules oh the American lrbitrnoon Association. Arhitrable matters may include. but are not limited to, any controversy or claim behveen the Company and the insured misine out of or relating tot his pulicv, any service of the Company in connection with its issuance ur the bre;tch ol'n policy provision or other obligation. All arbimahlc matters when the ID! U G C '-1 O r t� N L'J W rJ t� t`J t� Z cp C C ti n to v n C A CD O O t•J r� e� Amount of Insurance is S1.011t).000 or less shall be arbin Lit the option of eiihCr the Company or the insured. All arbivable matters when the A mount of Insurance is in c.eCess of$1.000'000 shall be arbitrated only when aereed to by hoth the Companv and tite insured. ArbltratlUn pursuant to (1111 policy and under the Rules in e17CCt on th date the demand for arbitration is made or. at the option of the insured, the Rules in effect at Dale of Policy shall he hindinc upon the parries. The aovard ntav include nttorneys fees only if the laws of the state in which the and ti IUCated permit a court to award attornevs fees to :t prevailine p;uYy. ludentent upon the award rendered by the Arbitrators) may be entered in any cnur[ havimsjurisciiction thereof. The law of the sites of the land shall apple at an arbitmtiun under the Title Insurance .arbitration Rules. A copy ul the Rules may be ohtained 110111 the (_oiopany up"tn Request_ 1�. LI:\1 u'r) LL111TED TO - rms I'Oijn: mi,w`l, EN'rilzE CONTRACT (a) This policy tocether with al! endorsements. a ;mc attached ilcrccu by the Company is the entire policy anti contract hetween the insured an,! [he Company is the entire policy and contract between the insured and the Contpam. In nuernreting any provision ofthis policy, this pulicv Shall he Construed u:; a w1101 (b) Anv claim of loss or damn ee. whether or not based un nceli-Uence. and which arises out of the status of the title to the estate or interest covered herchv or by any aetiun ;sser[ine such claim. shall be restricted to 11111 policy. (c) No amendment of ur endorsement to this Polk can Lie made e. ceps by a wrimle endorsed hereon or attached hereto signed by either the President. a Vicc President, the Secretary. an Assistant Secremn, or valicietine ot]icer or authorized signatory of the Company. 16. SEVERA1311,ITY In the event any provision of (he poliev is held invalid or nnentorceahk under applicable law. the policy shall be deemed not to include that provision and Lill other provisions shall remain in full force and effect. 17. NOTICES, WHERE SI,'NT III notices required to be eieen [he Cnmpanr one! .. ,..,.eme:a .,, —ill; required to be furnished the Company shall include the number of this policy Lind shall be addressed to the Company at Fidelity National Tide Insurance Company, Claims Department, P.O. Box 4�021, Jacksonville. Florida 3223' -�0' Agenda Item L1 � A � • 1 - 1 • F-74 i • 111111111JO =-* 0 rore M_ F. T TO I KOM T Date: June 7, 2007 Re: Resolution Reciting a Proposal for a Financing Program for a Multi-Family Rental Housing Development, Calling for a Public Hearing Thereon, Giving Preliminary Approval to the Project and the Program, Authorizing an Application for Bonding Authority and Authorizing the Preparation of Necessary Documents and Materials (The Village on Woodlynn Project) Woodlynn Partners, LP (Developer) is currently engaged in the acquisition, renovation and equipping of a 59-unit multi-family senior rental housing facility for low and moderate income tenants located at 2122 Woodlynn Avenue in Maplewood and known as Woodlynn Village or also as the Cottages of Maplewood. Developer will continue the focus of serving persons age 62 and over and will reinstate the requirement for providing more than 80% of the of the apartments for individuals with incomes of less than 60% of median income. Developer also intends to complete more than $600,000 of uni renovations and site improvements. They will reinstate the 4% Tax Credit commitment for a minimum of 15 years. Developer has requested that the City of Maplewood assist their efforts by providing tax-exempt revenue bond financing. This financing is "conduit financing" in that it does not involve the City's full faith and credit and is not a general obligation of the city nor the taxpayers of the city. All risk is passed through to the purchasers of the bonds. This financing provides the Developer with a lower interest rate making the project's viability more feasible. This project was initially developed with the assistance of Tax Increment Financing from the City of Maplewood. The current owners of the property, Cottages of Maplewood, L.P. may have some liability for tax increment shortfalls. This potential liability is being researched by staff. Provisions of the original Developers Agreement, as amended, provide for payment of all shortfalls, together with 7% interest, compounded annually upon sale of the property. In compliance with the City's Application for Preliminary Approval/Agreement for Tax- Exempt Mortgage Revenue Financing—Multiple Dwellings, attached, the Developer has Agenda Item X11 June 7, 2007 provided a non-refundable deposit of $3,400.00 and acknowledges its responsibility to pay an administrative fee to the City of $28,600.00 upon issuance of the bonds. Staff recommends approval of this proposal that will: 1. Give preliminary approval to the proposal, 2. Call for a Public Hearing, to be held on July 9 to consider the proposal for issuance of revenue bonds, 3. Authorize an application for bonding authority to the Minnesota Department of Finance, and, 4. Authorize the preparation of necessary documents and materials. N Agenda Item X11 APPLICATION FOR PRELIMINARY APPROVALIAGREEMENT FOR TAX - EXEMPT MORTGAGE REVENUE OFFICE USE FINANCING - MULTIPLE DWELLINGS Date received: Return to: Community Development Department By: City of Maplewood Rec. #: Date 1830 County Road B East Maplewood, MN 55109 651 -249 -2300 Fax: 651 --249 -2319 APPLICANT Applicant/businessname: W0004 ,nJ ?RoPeA T ; e3 LP Contact person: 1eL Lt,a Address: k % 00 CKAT"AM AVC 80t ?4 '-Lj 61d Zip S S It Z Telephone: (Work) �31 (Horne) 6S - 633 RnGS ce�c l�l2 �Ug -1 3ov Fax: Interest in property: 2. Applicant's legal counsel: JmdA 3eveA Ck Address: a919 HAMw'/4C ,eve do-A N Zip SS113 Telephone: (Work) Q71431-61 (Home) GSI - 2. - 1835 Fax: 3. Applicant's architect: ry) f} Address: Telephone: (Work) (Home) Fax: Pi Applicant's contractor (if selected) Address: Telephone: (Work) Fax: Zip Zip (Home) Property owner(s) of record: CoTTACQ cF MAPLeW000 L,P. Lc c Q RSOtJ S: HOWA8 Or CAPLA eiU16D Address: Ss1l f (,T ) \MtC Sl ;Z122- k1v1 L y,vv Ave Nth S$101 Telephone: (Work) SI- y01.SByb Fax: 65l `M - 6. Applicant's business form (corporation, partnership, sole proprietorship, etc.) and state of incorporation or organization: Agenda Item X11 7. If the applicant is a corporation, list the officers, directors and stockholders holding more than 5% of the stock of the corporation. (State name, address, telephone and relationship to the applicant. If a corporation is not formed, list the potential officers, directors and stockholders): 8, If the applicant is a partnership, list the general partners and any limited partners with more than S% interest. (If the partnership is not formed, give as much data as possible concerning the potential partners): G-�,JQML ?PtKJNU&: fW4ifL U A14 ISOO CRA_ Vt? RoQn! 01't- s /11nl. SSI1Z fA,Q weLu,? �Dt7 Ti1o�CAU N_ �u RMJ_Vi Imo' JT?' MAINK&I .I_'s .nr C1apn! npiFahn� TI1L �v,L�- +jCetr� RL_ klAAA oR ` U 114lu ,% 1)0t4� A WU of - 14 AX crteokP 9. List any cities that you have applied to for tax - exempt financing in the last five years: 10. Has the applicant ever been in bankruptcy? If yes, describe circumstances: 11. Have you ever defaulted on any bond or mortgage commitment? If yes, describe the circumstances: PROTECT 1. Project name: Tine iu 0,J W,-0QL t4A1 2. Legal description of the site: a l ao W OOO L. nlnl A ve !vt P W,00 MAI . S S I01 SFc "Non! - 02 ,., 02 - O2z SF C o„! :Z low KAAI G&— 22 T 0 3. Projected rents: see NA,xT PA3 2 Agenda Item X11 4. 7 NI& FILING REQUIREMENTS You must provide all of the following items with your application, unless the Director of Community Development waives a requirement: 1. If the project requires zoning or Community Design Review Board approval, you must apply for these approvals prior to or with this application. If zoning or Cormunity Design Review Board approval is not required, you must submit a list of property owners and their addresses for your property and for all properties within 354 feet. An abstract company must prepare and certify this list. Abstract companies are listed in the yellow pages. 2. A written opinion, with supporting justification, from an expert acceptable to the Director of Community Development, to document that: a. One bedroom unit: Co - 323 b. Two bedroom unit: $1S - 1 0&0 C. Three bedroom unit: ,4l& d. Other (specify): N 1A Target population (elderly, young professional, large family, etc.): e� -�e�c tJe inter �1� HvQ urdeowu Amount of bond issue request: S up To S � Who is lending interim financing and in what amount'? f M E1Anf n! n EQviR�A Estimated date of construction: Completion: N l 't Will any public official of the City, directly or indirectly, benefit by the issuance of the City's tax - exempt financing for this project within the meaning of Minnesota Statutes, Section 412.311 or 741.8772 If so, specify: a. The development will not adversely affect the vacancy rates of rental multiple dwellings in the City that are existing or have received preliminary City approval. The Director of Community Development may waive this requirement if there are no similar developments in your area. Agenda Item X11 b. The development will be able to comply with the Federal low -to- moderate income requirements over the life of the bond issue. This analysis shall indicate how the proposed program will meet the needs of low -to- moderate income households. A public hearing notice and resolution of preliminary approval. You must have these items prepared by the City's bond counsel. (Contact Mary 1ppel of Briggs and Morgan at 291 - 1215.) 4. An application fee of $3,400. Make your check out to the City of Maplewood. This fee is not refundable and is separate from the bond counsel's, City attorney's or closing fees. M Agenda Item X11 PROCEDURE Return this application to the Community Development Department. 2. The Director will schedule a meeting with the Housing and Redevelopment Authority (HRA) after preparing a report and reconunendation. The HRA will make a recommendation to the City Council. 3. The City Council will hold a public hearing and make a decision. 4. You must coordinate approval with the Minnesota Housing Financing Agency. REQUIREMENTS FOR TAX - EXEMPT MORTGAGE REVENUE FINANCING Your application must meet the following requirements for approval of tax- exempt mortgage revenue financing: The project shall not require a significant amount of public expenditures for City improvements, such as roads, sewers and water mains, if the City Council determines that the site area is premature for development. 2. The notes or bonds shall be for an issue of not less than $300,000. 3. Construction must begin within one year of preliminary approval. The City Council may grant a time extension if you show just cause. 4. Contractors doing work on projects funded in whole or in part by tax - exempt mortgage revenue financing: a. Shall not discriminate in the hiring and firing of employees on the basis of race, color, creed, religion, national origin, sex, marital status, age, disability or the need for public assistance. b. Shall pay employees as provided under the United States Code, Section 276A, as amended through June 23, 1986, and under Minnesota Statutes 1985, Sections 177.41 - 177.44. C. Shall employ Minnesota residents in at least 80% of the jobs created by the project. In addition, at least 60% of these employees shall be residents of the seven - county metropolitan area. Resident status shall be determined as of the date of the project's approval by the City Council. However, if the contractor can show that these quotas are not possible because of a shortage of qualified personnel in specific skills, the contractor may request a release from the City Council of the two residency requirements. These requirements shall continue for the length of the construction project. Agenda Item X11 d. Shall be active participants in a State of Minnesota apprentice program, approved by the Department of Labor and Industry. e. The above requirements shall apply to all subcontractors working on the project. You must use Mary Ippel, from Briggs and Morgan, as your bond counsel. 6. The bond indenture agreement shall require: a. The developer to periodically certify to the City and trustee, compliance with the federal low -to- moderate income requirement. The frequency of certification shall be determined on a case -by -case basis. b. The trustee is to inform the City of noncompliance trends with federal low -to- moderate income requirements. C. Stipulate the federal law requirements for the set -aside of low -to- moderate income units and any other set -aside provisions agreed to by the developer. If tax- increment financing is also to be used by the development, then at least 75 percent of the units shall also be set aside for households earning not more than 110 percent of the area median income. 7. The project must exceed minimum code requirements by incorporating the following mandatory and optional design upgrade features: a. Mandatory Requirements: (1) Each development that would house public transportation- dependent residents shall be: (a) located near a scheduled public bus stop or, (b) an agreement must be made to provide a new public stop and, (c) if the NEST (Northeast Suburban Transit) service is not available, an agreement with a private carrier must be secured to provide a convenient schedule of pick up and departure times. The maximum distance to a bus stop for senior housing developments shall be 400 feet (one block) and one- quarter mile for family - housing developments. (2) A storm shelter shall be provided if the structure(s) or each unit, if townhouses, will not have basements. The storm shelter shall have a capacity of equal to 80 percent of the planned population of the development. Each person shall be allowed at least three square feet of area. (3) A security system(s) shall be provided. Security system shall be defined as follows: For units with common hallway entrances - -a keyed lobby door and deadbolts on each unit door. For townhouse -style units with individual entrances from outside, each outside entrance door shall have a deadbolt, peep hole, solid core door and inside chain provided. n Agenda Item X11 b. Optional Requirements (At least eight of the following items must be included): (1) Brick (2) Building design should be a distinctive, nongeneric style with meaningful details (such as large windows, skylights, etc.). (3) A noticeable increase in the size and quantity of landscape plantings over what is normally required. (4) Underground irrigation of all landscaping. (5) Usable open space provided above code minimum. (6) Electrical outlets adjacent to at least half of the parking stalls for car heaters. (7) A children's play area. (8) Swimming pool, tennis court, horseshoe pits, indoor multi - activity room or outdoor multi - activity building, or similar recreational facility. (9) At least 10% more parking spaces or garages than code requires. (10) Underground parking, parking under the dwelling unit or attached garages. (11) Setbacks above code minimums. (12) Floor areas above code minimums. (13) All parking stall widths at least ten feet. (14) Recreational walkways or sidewalks. (15) At least five percent of the units will be three - bedroom units for family developments and two - bedroom units for senior developments (not including caretaker units). (16) Provide for an enclosed bus stop shelter, if not available. (17) On -site garden or flower plots in a centralized location or near the entrance of units with direct outdoor access. (18) Washer and dryer hook -ups in each unit for townhouse units or a washer and dryer installed on each floor for apartment units. 7 Agenda Item X11 (19) A landscaped sitting area with tables and benches central to the complex or a sodded "private - appearing" yard area near the entrance to units with direct outdoor access. (20) Provision of a storm shelter in addition to basement area. (21) For developments not using tax- increment financing (TIF), the set -aside of at least 50 percent of the units for households earning 110 percent or less of the area median income (ceiling for moderate income). For developments that will receive TIF funds, the set -aside of more than 75 percent of the units for households earning 110 percent or less of the area median income. You must pay an administrative fee to the City of one percent of the bond issue up to a maximum fee of $28,600. This fee is in addition to the application fee. AGREEMENT 1, by signing this application, agree to the following: 1 have read and will abide by all the requirements of the City for tax -- exempt financing. I will commit all contractors, subcontractors and any other major contributors to the project to all segments applicable to them. I am aware that failure to comply by myself or any of the above can result in cancellation of the resolution. The above information is correct. I agree to pay all costs involved in the legal and fiscal review of this project. These costs include the bond counsel and City Attorney, and all costs involved in the issuance of the bonds to finance the project. 4. 1 understand that the City reserves the right to deny final approval, regardless of preliminary approval or the degree of construction completed. cv, � M AI 2 S loo_7 — Applicant Da to Taxexmpt.app -revised: 12 -06 K Agenda Item X11 A Woodlynn Village Overview Woodlynn Village, sometimes called the Cottages of Maplewood, located at 2122 Woodlynn Avenue in Maplewood is a 59 unit affordable independent living community for persons aged 62 and over. Woodlynn Village was developed in 1989 and financed with a CDBG grant, 4% Tax Credits, a HUD loan and a tax exempt bond issued by the City of Maplewood. We believe that a short term T1F agreement might Have been part of the initial development as well. Woodlynn's purpose was to provide affordable independent living facilities for persons 62 and over. Affordable was defined as serving individuals with incomes of less than 60% of median income. The requirements of maintaining this community as an affordable option expired in 2005. Woodlynn Properties, LP has a purchase agreement with the current owners / general partners who are planning to retire. Woodlynn Properties intent is to acquire the property through the use of MHF'A programs with a combination of 4% Tax Credits and tax exempt bond financing. Woodlynn properties will continue the focus of serving persons 62 and over and reinstate the requirement for serving more than 80% of the apartments for individuals with incomes of less than 60% of median income. Woodlynn Properties intends to complete more than $600,000 of unit renovations and site improvements, reinstate the 4% Tax Credit commitment for a minimum of 15 years. Woodlynn Properties is requesting that the City of Maplewood approve resolutions as prepared and presented that recommit Woodlynn Village to its' original intent and purpose. Agenda Item X11 Agenda Item X11 Agenda Item X11 Viewing crest on Woodlynn Avenue Typical Resident's Unit Agenda Item X11 Center Co :ft of the Village Annual Resident Picnic Agenda Item N -1 Knaak & Kantrud, P.A.. A T T O R N E Y S AT LAW OF COUNSEL: t H. Alan Kantrud Tom Dailey hakantrudOl klaw.uS Don Kohler direct: 612- 743 -4242 114 Qualified Neutral by the Minnesota State Bar Association MEMORANDUM DATE: 7 June 2007 TO: City Manager, Greg Copeland RE: Clear Channel On October, 27, 2006 Clear Channel obtained a building permit to perform maintenance on their sign at 2730 Highwood Avenue East. Instead the company reworked their sign to install an Electronic Reader Board, ERB, sign. While City Code specifically prohibits signs such as Clear Channel's Electronic Reader - Board, ERB sign, our options are limited in terms of what we can do with the sign as -is and of course my goal is to avoid litigation. In the background of our issue with Clear Channel, several other cities are having their own negotiations regarding ERB's placed in their communities. Most notable, the City, of Minnetonka has settled a dispute with Clear Channel over an ERB not unlike the one in Maplewood. In that case City of Minnetonka simply pulled the plug, cutting the power to the sign and Clear Channel sued the City for doing so and a Judge ordered the power to be restored. A negotiated settlement was reached maintaining the status quo of the new ERB sign, but it came with various concessions on the part of Clear Channel to remove other traditional billboard signs from the City. The City of Maplewood's sign code and the City of Minnetonka's are not dissimilar in most respects and both are very tight on electronic signs of any sort. In Minnetonka's case they had to act legislatively to settle the case with Clear Channel as there was no way, to allow the ERB without being in violation of the law. I have been working with counsel for Clear Channel on something similar and hope to have a reconiniendation for you soon that will probably require some amendments to our sign code. Agenda Item N2 Knaak & Kantrud, P.A.. A T T O R N E Y S AT LAW OF COUNSEL Tom Dailey Don Kohler I H. Alan Kantrud hakantrudOl klaw.us direct: 612 -743 -4242 114 Qualified Neutral by the Minnesota State Bar Association MEMORANDUM DATE: TO: RE: 7 June 2007 City Manager, Greg Copeland Council Action on Gladstone Neighborhood Redevelopment At your request I have reviewed the above - referenced matter. In March the City Council did adopt amendments to the Comprehensive Plan with respect to the Gladstone Neighborhood Redevelopment Plan after a February vote on the amendments failed. On March 12, 2007 the City Council following its March 1'r Retreat brought the matter back with only, a few modifications, essentially scaling back the level of available development in several areas of Gladstone. Those specific areas appear to be encompassed in attachments 4, 5, 6 and 7 of the report from planning, attached hereto and captioned as Agenda Item K -1 originally. Council - member Hjelle moved to accept the amendment to the City's Comprehensive Plan with the four changes as outlined by the planning staff and illustrated in attachments 4, 5, 6 and 7. All ayes. Councilmember Rossbach then moved to amend the Gladstone Master Plan to include a paragraph, Attachment 8, discussed at the council retreat on its own page; request that the existing first paragraph in the abstract of the Master Plan be printed in bold typeface; and amend the Master Plan to reflect the Comprehensive Plan amendments adopted in the previous motion and leave unchanged the existing verbiage in the Master Plan for the other parcels. In reviewing the minutes from that meeting the summary of the actions is consistent with the DVD footage and it is clear from the motion that no motion was made incorporating the Gladstone Neighborhood Redevelopment Plan into the City's Comprehensive Plan. A copy of those minutes is attached. Agenda Item N2 March 12, 2007 City Council Meeting page 9 K. UNFINISHED BUSINESS 1. Comprehensive Plan Amendment — Gladstone Redevelopment Plan (English Street and Frost Avenue Area) (4 Votes) a. Planner Finwall presented the report, b. Planning Commissioner Gary Pearson, 1209 Antelope Way, spoke regarding the proposed changes to the amendment. c. David Bartel, 1249 Frisbee Avenue, spoke in favor of the proposed changes. March 12, 2007 City Council Meeting page10 d. Sharon Kambeitz-Lumphrey, 1817 Clarence Street, thanked the council, city staff and David Bartel for their efforts with this project. e. Joseph Born, 1830 English Street, thanked the council for past changes with this proposed project, f. Kim Schmidt, 1800 Phalen Place, thanked David Bartel for his efforts. g. Allen Olson, 1221 Frost Avenue, asked the council to consider the north side of Frost as a priority for development. h. Edward Lundblad, 1824 English Street, spoke about the Vento Trail right-of-way. i. Albert Galbraith, 1770 Edward Street, spoke regarding densities. j. O J. Lumphrey, 1817 Clarence Street, spoke regarding the density in the area west of Clarence Street and the Vento Trail. Councilmember Hjelle moved to approve the Comprehensive Land Use Plan Amendment map change for the Gladstone Redevelopment Plan as shown on Attachments 4, 5, 6, and 7. Councilmember Rossbach clarified the motion as amending the comprehensive plan as shown on the three areas of Attachment 9 of the staff report changing Gladstone High to Single Dwelling (which is north of Summer Avenue, west of Clarence Street and east of Vento Trail); Gladstone Medium to Single Dwelling (which is south of Summer Avenue, west of Clarence Street and east of Vento Trail); Gladstone Mixed use to Gladstone Medium (which is east of English Street, south of Summer Avenue, and west of Vento Trail); and the one area of Attachment 4 of the staff report Gladstone Medium to Single Dwelling south of Gloster Park and north of Ripley Avenue. Seconded by Councilmember Rossbach Ayes-all Councilmember Rossbach moved to amend the master plan to reflect the additional paragraph on Attachment 8 of the staff report to be added onto a blank page found behind the Table of Contents and Project Abstract Agenda Item N2 Chapter. The printing of the master plan would be changed to reflect that the first paragraph of Abstract Chapter be printed as bold print. The master plan would also be changed to reflect the four pieces of property that were discussed in the previous motion of the comprehensive land use pIan adoption, and leave unchanged the existing verbiage in the existing master plan for the other parcels. Seconded by Councilmember Cave Mayor Longrie clarified that the parcel densities changed in the comprehensive plan amendment in the previous motion would be changed for those parcels in the master plan. Councilmember Juenemann clarified that this motion also reflects the changes north of Frost Avenue as stated in the staff report, The Council voted: Ayes-all David Bartol again addressed the council thanking them. Agenda Item N2 Attachment 4 I I OlJ-,i -I I iv Gladstone Medium to Single Dwelling L ------------------------------------ ---------------------- RIPQV6� ---------- - � i a o C, LQL� 17 11-0 J L73 V LJ ---------------------- Comp Plan Map Change 1 :X, C, LQL� 17 ---------------------- Comp Plan Map Change 1 Agenda Item N2 Attachment 5 1899 \ \ � � & y 2\ Gladstone High to Gladstone Medium � Li lE� �_ �( i � C, L— 63 �� 1899 FROST AVE 7.,,L Gladstone High to Gladstone Medium Li lE� FROST AVE 7.,,L L so, Li lE� �� i � C, L— 63 SUMMER AVE L �� FT-L 19,00-3 j L �a � �� to LIJ 0 j8PZ C77 ! G� Comp Plan Map Change 2 Agenda Item N2 Attachment 6 March 2007 Master Plan Pages The following changes are made to reflect proposed amendments to the December 2006 copy of the Gladstone Neighborhood Redevelopment Plan as recommended in the February 26, 2007, city council motion. These changes would require an actual amendment to the master plan. The proposed changes came about as a result of the comprehensive plan amendment process and public comment. Chances are limited to Chapter 4 - Master Plan Cha ter Page 4 -3 New figure 4 -1 and table reflecting a change in the area north of Summer Avenue and west of Clarence Street from a higher density to a medium density land use pattern and the three parcels south of Gloster Park from a medium density to a lour density pattern. The change to the area near Clarence and Summer results in the reallocation of 20 units to other areas. The change to the area south of Gloster Park does not affect the unit allocation. These parcels are vacant, were assumed as infill development, and were not factored into the allowable 650 units because it their isolated nature to the south of the Gladstone Redevelopment area. Page 4 -18: Tourist Cabins — Redevelopment on this site should fall in a range of 12-30 units per acre. Page 4 -18: Maplewood Marine Area — The density range assumed for this area is medium density 7- 12 units per acre. Page 4 -19: The caption uses a range of 40 — 45 units. Page 4 -19: ? d Paragraph — Residential densities at the core area should be 20 -30 units per acre. Page 4 -20: The caption uses a range of 185 -205 units. Agenda Item N2 Page 4-21- e� I" Column, 3` Paragraph — Residential densities within the English Street South area should range from 20-30 units per acre. Page 4 -21 2 Column, 2 ° Paragraph — Should residential development occur on this site, a density of 20-30 units per acre is suggested by the master plan. =n Page 4-21: The I" caption uses a range of 60-65 units. The 2' caption uses a range of 45-50 units. Page 4-22: 2nd Column, 2 d Paragraph — Residential densities north of Summer Avenue should range between 7-12 units per acre and consist of attached housing products in a lower 3 story or 2 story configuration. Densities south of Summer Avenue would be the same in the range of 7-12 units per acres to reflect and attached Page 4-22: ?n The caption uses a range of 95-105 units. M Agenda Item N2 Attachment 7 V W F2 C: O'\ 0 C •:- - C r- ry C"i C"i ;� Ln U- U- th 00 of Ln C* CC :�O 11n 00 tn C" C"4 LPI o') 1.0 (-4 C%4 00 0 z EN CV r 17 r C-4 ON 'PO 00 00 0�, C'4 rq I "! Cd rf) z ur to v) ton Q Q V W F2 C: <:a 0 +-D - 0 u 2 Density Flow Chart O'\ 0 C •:- - C r- ry C"i C"i ;� 00 of tn 00 z CV r 17 r rq I "! Cd rf) z <:a 0 +-D - 0 u 2 Density Flow Chart Agenda Item N2 Attachment 8 Gr z RS Cll E Q) O as sn ro Sq March 2007 Project Abstract Page Agenda Item N2 Attachment 9 L FRISBIE AVE Pfar 3: Cf) SUMMER AVE su 'Ej ED L T1 law Lj Li 7 LJ 16 i�81 Fl Ll lqL2 17, SUMMER AVE su 'Ej F L T1 18383 L r 16 i�81 Fl Ll lqL2 17, D COMP PLAN MAP CHANGE 3