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Home My WebLink About2004 08-09 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 9, 2004 Council Chambers, City Hall Meeting No. 04-17 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL 1. Mayor's Address on Protocol D. APPROVAL OF MINUTES 1. Minutes from the Council/Manager Workshop-July 26, 2004 2. Minutes from the City Council Meeting-July 26, 2004 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Temporary Liquor - St. Jerome's Church 3. Temporary Gambling -Hill-Murray School 4. Carnival License -Ramsey County Sheriff's Department -Fright Farm 5. Computer Laptop Purchase-Councilmembers 6. Infiltration/Inflow Reduction Program (Sanitary Sewer Program), Project 04-22 - Approve Contract with SEH, Inc. for Investigation of Sump Pumps 7. Hazelwood/County Road C Area Streets Reconstruction Program, Project 03-18 - Approve Revised Project Financing Plan 8. Authorize New Position and Funding for Part-time Clerk-Typist Position in Public Works 9. County Road D Realignment (East), Project 02-07 -Approve Easement Acquisitions Item Pulled 10. Fall Clean-up Day Update 11. 2004 Waterfest Wrap-up 12. Traffic Signal Maintenance Agreements H. PUBLIC HEARINGS 1. 7:00 p.m. Conditional Use Permit -Commercial Vehicles (65 Larpenteur Avenue) 2. 7:30 p.m. Springside Drive Extension--West of Sterling St., Project 03-36 - Resolution Ordering Improvement after Public Hearing I. AWARD OF BIDS Street Seal Coating Program -Project 04-20 -Award Contract J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Chesapeake Retail Center PUD Revisions (3091 White Bear Avenue) a. Buffalo Wild Wings Design Revision Approval b. Sign Plan Changes 2. Legacy Village Master Street Light Plan, Project 04-23 -Review of Street Light Design Concepts and Resolution Approving Plans and Specifications and Authorization to Receive Bids 3. County Road D Realignment (West), Project 02-08 -Approve Development Contract with Trout Land Development for Right of Way Acquisition and Cooperative Grading 4. 2005 Budget Distribution-No Report L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS Change of Meeting Date -October 11, 2004-League of Minnesota Cities Conference N. ADMINISTRATIVE PRESENTATIONS 1. Community Development Tour 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 understoodthat everyone willfollow theseprinciples: Show respectfor each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item D1 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, July 26, 2004 Maplewood Room, City Hall 6:05 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan-Junek, Councilmember Will Rossbach, Councilmember Present Present Present Present Present Others Present: Assistant City Manger Coleman C. APPROVAL OF AGENDA Councilmember Juenemann moved to a~rove the agenda as submitted. Seconded by Councilmember Rossbach Ayes-All D. NEW BUSINESS 1. Historical Committee Vacancy Interviews Council interviewed three applicants for the Historic Preservation Commission. Councilmember Monahan-Junek moved to a~rove the followin tg hree a~ointments to the Historic Preservation Commission: ^ Richard Curry-3 year term ^ Lucille Aurelius-3 year term ^ Robert Creager-2 year term Seconded by Councilmember Rossbach Ayes-All E. FUTURE TOPICS City Council/Manager Workshop 07-26-04 1 F. ADJOURNMENT Councilmember Juenemann moved to adjourn at 5:55 p.m. Seconded by Councilmember Monahan-Junek Ayes-All City Council/Manager Workshop 07-26-04 A. B. C. D. E. DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:04 P.M. Monday, July 26, 2004 Council Chambers, Municipal Building Meeting No. 04-15 CALL TO ORDER: Agenda Item D2 A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:04 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Maplewood Boy Scout Troop 15, sponsored by Trinity Baptist Church, led the pledge of allegiance. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the City CounciUManager Workshop-July 12, 2004 Councilmember Juenemann moved to approve the minutes from the July 12, 2004 City CounciUManager workshop as presented. Seconded by Councilmember Ayes-All 2. Minutes from the City CounciUManager Workshop-July 12, 2004 Councilmember Monahan-Junek moved to approve the minutes from the July 12, 2004 City Council meeting as amended. Seconded by Councilmember Juenemann Ayes-All APPROVAL OF AGENDA I2. Legacy Village-Parks K9. Follow up on EMS Study Ml . National Night Out M2. Meeting Process J3. Mapletree Townhomes-Reconsideration M3. Waterboard Schedule M4. Ramsey County Fail M5. City Hall Campus Master Plan City Counci107-26-04 M6. Johnny Appleseed Day F2. Maplewood Police Explorers Councilmember Koppen moved to a~rove the a,~enda as amended. Seconded by Councilmember Juenemann Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Historical Committee Appointments a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. The following candidates were appointed to the Historical Preservation Commission: ^ Richard Curry-3 year term ^ Lucille Aurelius-3 year term ^ Robert Creager-2 year term 2. Police Explores a. City Manager Fursman presented the report. b. Police Chief Thomalla announced that the Maplewood Explorers placed fourth in the National Competition in Emergency First Aid in Atlanta Georgia. G. CONSENT AGENDA Councilmember Koppen moved to a~rove the consent agenda as amended (with item 5 pulled Seconded by Councilmember Monahan-Junek Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE: $ 220,883.67 Checks # 64317 thru # 64380 dated 07/13/04 $ 2,620,112.32 Disbursements via debits to checking account dated 07/02/04 thru 07/08/04 $ 513,993.50 Checks #64381 thru # 64445 dated 07/16/04 THRU 07/20/04 $ 158,675.72 Disbursements via debits to checking account City Counci107-26-04 2 dated 07/09/04 thru 07/15/04 $ 3,513,665.21 Total Accounts Payable PAYROLL $ 547,586.01 Payroll Checks and Direct Deposits dated 07/16/04 $ 4,348.04 Payroll Deduction check # 98110 thru # 98113 dated 07/16/04 $ 551,934.05 Total Payroll $ 4,065,599.26 GRAND TOTAL 2. 3. 4. 5 6. 7. 8 Party Service 3.2 Beer License -Joseph Murphy, Aldrich Arena - 1850 White Bear Avenue Approved the annual 3.2 beer license for Joseph Murphy for use at Aldrich Arena located at 1850 White Bear Avenue. Conditional Use Permit Review -Liberty Classical Academy (1717 English Street) Approved the conditional use permit for Liberty Classical Academy at 1717 English Street again in three months. Conditional Use Permit Review -Hmong Alliance Church (1770 McMenemey Street) Approved to review the conditional use permit for Hmong Alliance Church at 1770 McMenemy Street again in three months. Conditional Use Permit Review -Sinclair Fuel Station (223 Larpenteur Avenue East) - Item Pulled Conditional Use Permit Review - Schlomka Over-sized Accessory Building (1481 Henry Lane) Approved to review the conditional use permit at 1481 Henry Lane again in six months. Retiree Health Savings Plan HIPAA Revision Approved the following Amendment to the City of Maplewood Retiree Medical and Dental Expense Reimbursement Plan (also called the Retiree Welfare Benefit Plan). HIPAA Compliance -Employee Health Plans Adopted the following resolution and policies and procedures to comply with HIPAA retroactive to April 14, 2004. City Counci107-26-04 3 9. Cafeteria Plan Revision-Plan Year Change Adopted the revised and restated Master Plan Document for the Maplewood Cafeteria Plan effective to October 1, 2004. 10. Pleasantview Street Improvements, Project 98-12 -Resolution for Acceptance of Project Adopted the following resolution accepting Pleasantview Street Improvements, City Project 98-12: RESOLUTION 04-07-132 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood, Minnesota has determined that Pleasantview Street Improvements, City Project 98-12, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that City Project 98-12 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. 11. Kennard Street Improvements, City Project 03-04 -Approve Right of Way and Easement Acquisition Agreements with HealthEast and Birch Run Adopted the following agreement with HealthEast for right-of- way and easement acquisition and the three agreements with Birch Run Station for assessment waiver, temporary easement and permanent trail easement. 12. T.H. 61 Improvements (Beam Ave. to 694), Project 03-07 -Resolution Approving Plans and Advertising for Bids. Adopted the following resolution approving the plans and specifications and authorizing the receipt of bids for the T.H. 61 Improvements, Beam Avenue to I-694, City Project 03- 07: RESOLUTION 04-07-133 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on May 24, 2004, plans and specifications for the T.H. 61 Improvements, from Beam Avenue to I-694, City Project 03-07, have been prepared by SEH, Inc. under the direction of the city engineer, who has presented such plans and specifications to the city council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications for the T.H. 61 Improvements, from Beam Avenue to I-694, City Project 03-07, a copy of which are attached hereto and made a part City Counci107-26-04 hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such combined improvement under such approved plans and specifications. The advertisement shall be published twice, at least three weeks 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.m. on the 3rd of September, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of September 13, 2004. 13. County Road D Realignment (East), Project 02-07 -Resolution Directing Modification of Existing Construction Contract (Frattalone), Change Order No. 1. Adopted the following resolution directing the modification of the existing construction contract, Change Order No. 1 (Soil Stabilization): RESOLUTION 04-07-134 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT (SOIL STABILIZATION) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02-07, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-07, Change Order No. 1 (Soil Stabilization). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $58,770.88. The revised contract amount is $1,200,632.79. No revisions to the project budget are proposed at this time as Change Order No. 1 is within the original budgeted amount. 14. Purchase of Hazardous Materials Storage Unit Approved the expenditure of $22,179 for storage for flammable and explosive evidence and property (such as fireworks, etc.). H. PUBLIC HEARINGS 7:42 Heritage Square Second Addition (Legacy Village -Kennard Street and Legacy City Counci107-26-04 Parkway) Planned Unit Development Revision Preliminary Plat Design Approval City Manager Fursman presented the report. b. Senior Planner Ekstrand presented specifics from the report. Commissioner Trippler presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Kevin Clarke, representing Town and Country Homes Terry Metula, Vice President, Town and County Homes Patrick Sarver, Hartford Group Mayor Cardinal closed the public hearing. Councilmember Monahan-Junek moved to adopt the followin,~ resolution a~provin,~ a revision to the Legac~ge planned unit development to approve the construction of for-sale town homes instead of the previousl~p~roved rental town home concept. Approval of this revision is based on the findings required by the ordinance and subject to the followin,~ conditions (additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 04-07-135 FOR A PLANNED UNIT DEVELOPMENT WHEREAS, Town and Country Homes applied for a conditional use permit to revise the Legacy Village planned unit development by replacing the rental town homes with for-sale town homes. WHEREAS, this permit applies to the 7.7-acre site in Legacy Village lying south of County Road D East between Kennard Street and Southlawn Drive. The legal description is: Lot 1, Block 2 of Legacy Village of Maplewood. WHEREAS, the history of this conditional use permit is as follows: On June 7, 2004 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on July 26, 2004. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit because: City Counci107-26-04 The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 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 (additions are underlined and deletions are crossed out): The development shall follow the plans date-stamped April 30, 2004, except where the city requires changes and except for that part shown on the west side of Kennard Street. 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. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the Assistant City Engineer's report dated May 28, 2004. The applicant shall also comply with any additional conditions of the Assistant City Engineer due to the change in this proposal to delete the area west of Kennard Street from this plan. City Counci107-26-04 5. The applicant shall sign a development agreement with the city before the issuance of a grading permit. 6. The applicant shall provide a copy of the homeowner's association documents to staff for approval. 7. ~kTown homes and Office/Clubhouse: a. The project will be constructed according to the plans from Town and Country Homes date-stamped April 30, 2004 ~~ r~ rr^~~r ~~t°~~ ,ate, except as specifically modified by these conditions and with the exclusion of the town homes on the west side of Kennard Street. b. A sidewalk will be provided continuously on the north or west side of Street A between Kennard Street and Hazelwood Drive, including the segment between the office/clubhouse parking lot and townhouse buildings 11 and 12. c. Sidewalk connections will be added connecting the power line trail to the curb of Street A opposite town home buildings 6 and 8 and connecting Villa eg Trail East (east of Kennard Street) in at least three locations to be approved by staff. d. The sidewalk serving the front of town home buildings 13~ ti, ' '', ' Q, ' ° ^~~' ~&will be extended south to connect with the power line trail. Trail connections to the power line trail shall be as required by staff. e. Village Trail East (east of Kennard Street) ~~ and Flandrau Street East ~E serving the town homes will be constructed in their entirety with the town homes, regardless of the status of the multi-family and commercial parcels to the east. £ Parking spaces will be provided at the ends of the d7r_iveways as shown on the plans and wherever else they maY fit. aiihcTCCrre€~7uii`~""'° ' , ~, ~-aa`cc-r^, i cii ti i ni~n ~i i~~ .,,,a ~ci~ti .,,,a ~;ao.T,.,ii,~ .T,;ii ~o rr,,..;aoa ~ ,,,,, ~t,,,~o > > ~~, ~; -- 'T~nt~at~ ~t~ ~ ~i ~rrt~ ,ao~ .,~~.,,;ia;,,,.~ ~ 2 i~ n- ~~' ~i~ e e C ~s c e~e~t g• ~T ~,;"'~~ ,~,„a;~~te-aosete-a~e~ ~°g~~e~~fert~e~~~~ ~t~a ~~~' ~ .~' ~~~ t~ t ;* ~ ~ ~h ~ g Ee~~E e , e ~e~g e~eene~ e ~ ~ h. Asix-foot-wide sidewalk should be provided ~~ ~* ~" r„°°~'~'° on the south side of County Road D for the entire length of the project from Hazelwood Street D to Southlawn Drive., ~~,,.,,,,,.~, ,. „~;,,,,oa a;~,.,,~~;,,,, L.o+.T,oo„ ~~o ,.;~~..,,,a > > ~,,,-„ i.,,,o~ .,,,a „~t,o,- ~ .,~,,,-o~ „~~t,o r~,,,,,,~~. v,,.,a r, r o,.~ 1. n ~;ao.T,.,ii, . ,;ii ~o r .;aoa ,,,, ~t,o ~ „~t, ~;ao „~r~,,,,,,~~, v,,.,a n .,,,a ~;ao.T,.,ii,~ City Counci107-26-04 ~~3J~~4 7G a~-=vPell-crst~ tttG ••1„1.1,.,,,~o ~.,,,~~lti~-i•~H{~tttG ••1„1cnxvnvii~c ~~ j. The grades of the power line trail and all up blic sidewalks shall meet ADA guidelines for slope. k. The landscape plan is approved as proposed with the exception that the boulevard trees alon,~ Kennard Street shall be planted accordin tg o the approved Kennard Street Boulevard-Tree Planting plan. nTr°r°*~~~'~-°°° TT~~" h~e~le e~~e€~~ o~ n .,~ ., ., oe~3 nee ^~~o~e~~ ate-act-e~t~e-a~e~-~~ge~9'-sp-ah~t~es. 1 . €~~ t~~~~~ ~3 ~r t~i n~ ~~ ~ €~h ~~ °~~ e~ oe e e e e~ ~ e ~e ~ n m ..o,-~~,,,-~. ~roo~ . ,;ii ~o ri.,,,~oa .,i,,,,,. ~. ,,~~, ~;ao~ „~rro,,,,.,,-a c~,-oo~ ;,, rr,,,,~ „~ . ~t, LLi v ~ n~ ~ ~i-Le~~ e~GTLTCT.CR'CC;itGL"CC~e ~--Le nn~ ~v.,a cn~ ~~e~C~C~LGTCCre e--a~f~ ~„ any ~ ~t,,,.T,,, ,,,, ~t,o ri.,,,~ n. The curve in the middle of Street A opposite buildings 10 and 12 will all be flattened as much as possible to limit headlight aimed into the front of the units. B~rvirt~7""ot~C~f~s{C~l~hett~ ~ ~ ~~~ ~1~.7,,;1 a;,, ~.~ 1 ~ ~ ~ G ~ 1~~~z~~2~ ~ 7G ~Tte~uzx`~~°l.T.l.l.a Tl,-;zro~ Tle~iirttttt~crccc-c`~HH{~~9,,,,~`~ D.,.,a Tl t~lirtz`~ic zcsih vwirvrrtttG~rt° "'1.,,~~ al..T„~ t~zrii ; .,~ G'~rtttGtrtl ~xvhvci3° 1 G' ,- ~l,o ~.,.1,,, 1,.,,~,o 1.,,;1a;,,~.~ .,,-ao,- ~., 0„1,.,,,..o ~l,o ,,,-1..,,, ..1,.,,-.,..~o,- .,~~l,o °*~-°°*° ~ra ;r*°r°°~*;,,,,~ The front setbacks proposed for the town homes east of Kennard Street are approved as shown. The proposed setbacks for the town homes and commercial building west of Kennard Street shall not be less than five feet for the clubhouse and 15 feet for the town home buildings in order to enhance the urban character of the streets and intersections. ~eiiiir~6eRe~`~-~~@6if~""czxrr`~ixppic^r`vt~i~rt~i~PT T~~--c"~s$h v^wir-^virt~e~rtz q. Visitor-parking spaces for the ~ town homes will be added or modified as follows: l~ i ni'cii~p-crce~~~'i~~7c-cra~~~9~h€~c rszriviar9~ast~ ~~P-crccr9ii~h@ o~~ ~;ao .,~TIo,,,,.,,-a .,,,a .,~ lo.,~~ G1 ~ „ ~l,o o.,~~ ~;ao .,~TIo,,,,.,,-a o ~ ,.t, ~t,.,~ ~t,o rr,,,,~ a,,,,,- „~,,,, , ,,;~ ; o ~t,.,,, inn roo~ rr,,,~, ., „~.,~ '°^°* G °r^^°° The applicant shall provide visitor-parking spaces at the minimum quantity of one-half space per town home unit. Furthermore, the visitor-parking spaces must be placed such that the front door of no unit is more than 200 feet from a group of at least five spaces. City Counci107-26-04 2) Street A will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north and west sides of the street except for within 100' of the pavement of Hazelwood Drive and Kennard Street. 3) The private drive immediately south of buildings 2 and 3 will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north side of the drive. 4) Parking areas will be added behind buildings 1 and 4 where the driveway abuts the ponding area, consistent with the recommendation of the city engineer on providing adequate grading and functioning of the pond. ~~g-aye-~e~e~i;,,a ~.,,;ia;,,,.~ ~ c2A~ZZza~ ~ci~ti ~„ ,,,oo~ ~t,o r.,,-i,;,,,..,,,a a;~~.,,,,.o ,.,-;~o,-; ., ,.;~oa t,o,-o o~ u . ,; 11 1.0 . ,;a ~l C~ ~t t ~' v ~,,,-1..,,,a ,, ,-.,~ l ,„~ „'ll ~ ~ e~ie ~z cui - $- ~ e r o~ ~ F ` ~aaoa .,1,,,,,. ~l,o ,,,,,-~l, .,,,a . o~~ ~;ao~ „~ ~l,o ~~,-oo~ .,aa ,,,,.,1 ., ,.loa ; ; ~ a~l~~t th ~it ~i- ~ ~ ~ ~€ `~l -a ~t ~h ~ r F e e ~ e C e p 9 p~ C~~C €f e e. r. The parking lot for the clubhouse/office building will be modified to add "proof of parking" spaces in the green area north and east of the swimming pool, for a total of 91 spaces possible in the lot. Such spaces will only be constructed if the owner believes they are needed, or if they are needed in the future to address parking problems at the building in the opinion of the community development director, who can order the spaces to be constructed. Such spaces will maintain a sidewalk connection between the swimming pool and clubhouse building in an island in the middle of the parking bays as shown on the plans. s. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. Seconded by Councilmember Koppen Ayes-All Councilmember Monahan-Junek moved to approve the preliminary and final plat for Heritage Square Phase II leg east of Kennard Street, subject to the following conditions subject to the following conditions: 1. The applicant shall comply with the requirements in the assistant city engineer's report dated May 28, 2004. The applicant shall also comply with any additional conditions of the city engineer due to the plan revision to delete the part of the original plat submittal west of Kennard Street. 2. The applicant shall sign a developer's agreement with the city engineer before the issuance of a grading permit. 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the city engineer may require that may not be ready by the time of plat signing. City Counci107-26-04 10 Seconded by Councilmember Koppen Ayes-All Councilmember Monahan-Junek moved to approve the plans date-stamped April 30, 2004, for the Heritage Square Phase II, the second phase based on the following conditions: 1. Obtaining city council approval of a revision to the previously approved planned unit development for this project. 2. Obtaining city council approval of the preliminary and final plat for this project. 3. All requirements of the fire marshal and building official must be met. 4. The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 5. All driveways and parking lots shall have continuous concrete curbing. 6. All requirements of the city engineer, or his consultants working for the city, shall be met regarding grading, drainage, erosion control, utilities and the dedication of any easements found to be needed. 7. Repeat this review in two years if the city has not issued a building permit for this prof ect by that time. 8. Any identification signs for the project must meet the requirements of the city sign ordinance. 9. The setbacks are approved as proposed. 10. The applicant shall: Install reflectorized stop signs at all driveway connections to County Road D and Kennard Street. Install and maintain an in-ground lawn irrigation system for all landscaped areas. ~ Install all required trails, sidewalks and carriage walks. ~ Install any traffic signage within the site that may be required by staff. 11. The applicant shall submit a lighting plan for staff approval before getting the first building permit. 12. The applicant shall submit an address and traffic signage plan for staff approval. 13. The applicant shall provide the city with cash escrow or an irrevocable letter of credit for the exterior landscaping and site improvements prior to getting a building permit for the development. Staff shall determine the dollar amount of the escrow. 14. All work shall follow the approved plans. The director of community development may approve minor changes. City Counci107-26-04 11 15. A temporary sales office shall be allowed until the time a model unit is available for use. Such a temporary building shall be subject to the requirements of the building official. 16. No end units facing County Road D shall have utility rooms or exposed utility meters on that elevation. 17. The community design review board expressed concern that there should be some handicap- accessible units available in this complex. They referred this to the building official for compliance in case there are any applicable codes to this effect. 18. The applicant shall work with staff to propose suitable screening for outside utility meters. 19. The rock-face concrete block on the buildings shall be tan, not gray. Seconded by Councilmember Koppen Ayes-All I. AWARD OF BIDS 1. Cured in Place Pipe (Sanitary Sewer Program)-City Project 04-20 a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to award the bid for cured-in-Place Pipe, Project 04-20, to Lametti and Sons, Inc. based on their low bid of $129,921 and authorized the finance director to transfer the necessarv funds form the sanitarv serer fund and the Hazelwood/C area Streets project fund (548 Seconded by Councilmember Juenemann Ayes-All 2. Legacy Village a. City Manager Fursman presented the report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Monahan-Junek moved to award the bids to Odesa Construction, Inc. in the amount of $320,789.75 and PQT Co. /Rum River Tree Farm in the amount of $121,528 making a total project construction cost of $442,317.75. Seconded by Councilmember Juenemann Ayes-All J. UNFINISHED BUSINESS Charitable Gambling Fund Requests - 2005 City Manager Fursman presented the staff report. City Counci107-26-04 12 b. Assistant City Manager Coleman presented specifics from the report. Councilmember Koppen moved to adopt the following Charitable Gambling Fund Requests: Organization Requested Approved Maplewood Historical Society 23,500 10,120 American Red Cross 4,000 1,720 Maplewood Police Explorers 8,000 4,360 L.C. Webster PTO 5,000 2,200 Ramsey County Fair 5,000 4,400 Heritage Theatre Company 4,200 3,140 622 Communities Partnership 400 300 Ramsey County Library 16,095 0 Erv Carlson-Pleasantview Park 18,000 0 Maplewood Police Reserves 3,000 2,480 Dispute Resolution Center 5,000 3,600 Century College 8,800 0 MCC -Room Rentals 25,000 13,500 Total* 125,995 45,820 Reserve Balance 5,180 *Available funds $51,000 Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen and Rossbach Nays-Mayor Cardinal and Councilmember Monahan-Junek 2. Interstate 94 Improvements (McKnight to Century), City Project 03-12 -Approve Consultant Contract for Noise Monitoring a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution to grant municipal Consent for the brobosed improvements to Interstate 94 between McKnight Road and TH 120 and abbrove the firin,~ of URS En,~ineers to conduct additional noise monitorin,~ within the project area for a total of $12,850 and direct the Finance Director to transfer the necessary funds from the contingency fund to the project fund: RESOLUTION 04-07-136 GRANTING MUNICIPAL CONSENT INTERSTATE 94 IMPROVEMENTS McKNIGHT ROAD TO TRUNK HIGHWAY 120 City Counci107-26-04 13 City Project 03-12 WHEREAS, the Minnesota Department of Transportation has requested that the City of Maplewood grant approval through the Municipal Consent requirements for the improvement of Interstate 94 between McKnight Road and Trunk Highway 120 within the corporate boundaries of the City of Maplewood, and WHEREAS, the City of Maplewood did conduct a Public Hearing on July 12, 2004 for the purpose of considering said request by the Minnesota Department of Transportation, and WHEREAS, said Public Hearing was preceded by mailed notice to all properties with an interest in said improvement, and WHEREAS, the City Engineer has reported that additional noise monitoring can be conducted by URS, Inc. in the amount of $12,850.00, and WHEREAS, the Maplewood City Council has heard all testimony from individuals and residents on this proposed improvement. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, that: 1. Municipal Consent is hereby granted to the Minnesota Department of Transportation for the improvement of Interstate 94, McKnight Road to Trunk Highway 120. 2. The City Engineer is hereby authorized to proceed with a noise monitoring agreement with URS, Inc. in the amount of $12,850.00. The Finance Director is hereby authorized to transfer $12,850 from the Contingency Allocation of the General Fund to the Project Fund. Seconded by Councilmember Rossbach Ayes-All 3. MapleTree Project-John Brandt-Reconsideration City Manager presented the report b. Councilmember Monahan-Junek provided specifics. Councilmember Monahan-Junek moved to reconsider the proposal from Jon Brandt of Maple Tree Townhomes, and allow Mr. Brandt sixty days to bring his proposal back to council. Seconded by Councilmember Koppen Ayes-All K. NEW BUSINESS On-Sale Intoxicating Liquor License -Jeffrey Flaherty, Buffalo Wild Wings Grill & Bar - 3091 White Bear Avenue North City Manager Fursman presented the staff report. City Counci107-26-04 14 b. Police Chief Thomalla presented specifics from the report. Councilmember Koppen moved to approve the on-sale intoxicating liquor license for Jeffrey Flaherty for Buffalo Wild Wins Grill and Bar, at 3091 White Bear Avenue. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Excused (away from the diaz)-Councilmember Monahan-Junek 2. County Road D Realignment (East), Project 02-07 -Approve Right of Way and Easement Acquisition Agreement with Country View Golf Course City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following settlement agreement for the Count View Golf Course with the Mogen Family. which abbroves the bavment amounts for the easement and right of way acquisitions for the County Road D Realignment Project between Trunk Hi~hwav 61 and Southlawn Drive and authorized the Mayor and Citv Manager to Sign said a,~reement signifyin,~ the City's approval: SETTLEMENT AGREEMENT & OPTION THIS SETTLEMENT AGREEMENT and OPTION ("Settlement Agreement") is made this day of July, 2004, by and between COUNTRY VIEW GOLF CENTER, INC., a Minnesota corporation ("Country View"), and the CITY OF MAPLEWOOD, Minnesota, a Minnesota municipal corporation (the "City"). RECITALS: A. Country View (also referred to herein as "Owner" or "Owner of the Property") currently holds fee title to the land legally described as Tract 1, Registered Land Survey No. 210 and Tract B, Registered Land Survey No. 466, Ramsey County, Minnesota (collectively, the "Property"). B. The City is undertaking an improvement project identified as the County Road D Extension Improvement, City Project No. 02-07 (the "Project"). C. As part of the preparation for the Project the City has requested, and Country View has agreed, to grant to the City a temporary easement over the Parcel 1 Temporary Easement Area (as defined below) for the limited purposes of: (i) vehicular traffic, ingress and egress of the City's agents, contractors and servants as necessary to haul and place fill materials along the proposed roadway alignment to surcharge/consolidate the poor soils in the area, including the installation of wick drains in the area to assist in the surcharging process; (ii) installation and monitoring of settlement plates as necessary to determine the progress of the surcharging process; (iii) installation of silt fencing and other control measures; and (iv) the removal of certain trees (not to exceed 20 trees and to be marked by the City and approved by Country View before removal occurs) (such activities being referred to collectively hereinafter as, the "Road Work"). Said temporary easement is attached to this Agreement as Exhibit A, City Counci107-26-04 15 where the area is legally described and shall be executed by Country View on the date this Agreement is executed. D. As part of the Project, the City has requested, and Country View has agreed, to grant to the City a temporary easement over the Parcel 2 Temporary Easement Area (as defined below) for the limited purposes of vehicular traffic, ingress and egress of the City's agents, contractors and servants as necessary to excavate and remove materials to a specified elevation level and construct and complete the wetland mitigation ("Wetland Mitigation") and the storm water pond construction ("Storm Water Pond") (collectively referred to as the "WetlandlPond Work") (the Road Work and the Wetland/Pond Work are referred to collectively herein as the "Scope of Work"). Said temporary easement is attached to this Agreement as Exhibit B and shall be executed by Country View on the date this Agreement is executed. E. As part of the Project, the City has requested, and Country View has agreed, to grant the City aright of access over the gravel drive area to obtain access off of Trunk Highway 61 as set forth, shown and identified in cross-hatching on the attached Exhibit C. Said right of access is attached to this Agreement as Exhibit D and shall be executed by Country View on the date this Agreement is executed. F. As part of the Project, the City has requested, and Country View has agreed, to grant the City a permanent easement for drainage and utility to cover the area of land encompassing the wetland mitigation and storm water pond area, as set forth and identified on the attached Exhibit C made a part hereof. Said permanent easement is attached to this Agreement as Exhibit E and shall be executed by Country View on the date this Agreement is executed. G. As part of the Project, the City has requested, and Country View has agreed, to grant the City fee title for roadway right-of--way as set forth and identified on the attached Exhibit F made a part hereof. Said warranty deed for conveying fee title to the roadway right-of- way is attached to this Agreement as Exhibit F and shall be executed by Country View on the date this Agreement is executed. H. The Property being taken by the City for the permanent easement for drainage and utility and the fee title for roadway purposes is granted to the City in an "as is" condition without any representations or warranties as to environmental matters from Country View. The foregoing Recitals are incorporated into this Agreement and made a part of this Agreement. In exchange for the consideration as set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and Country View, on behalf of themselves and their successors and assigns, hereby agree as follows: AGREEMENT ARTICLE 1. Temporary Easements Section l .l . Temporary Easement -Parcel 1. At no cost to the City, Country View hereby grants to the City a temporary easement ("Parcel 1 Temporary Easement") over that portion of the Property identified as Parcel 1 and legally described on the attached Exhibit C made a part of hereof and shown in crosshatching ("Easement Area for the Road Work") for the purposes of completing the Road Work. Said Parcel 1 Temporary Easement is attached to this Agreement as Exhibit A and shall be City Counci107-26-04 16 executed by Country View on the date this Agreement is executed. Section 1.2. Temporary Easement -Parcel 2. At no cost to the City, Country View hereby grants to the City a temporary easement ("Parcel 2 Temporary Easement") over that portion of the Property as legally described on the attached Exhibit C made a part of hereof and identified as Parcel 2 and as highlighted ("Easement Area for the Wetland/Pond Work") for the purposes of completing the Wetland/Pond Work. Said Parcel 2 Temporary Easement is attached to this Agreement as Exhibit C and shall be executed by Country View on the date this Agreement is executed. The specific location and size of the Wetland Mitigation and Storm Water Pond are identified in the attached Exhibit A, and made a part of this Agreement. Section 13. Representations by Country View. Country View represents that it has all requisite power and authority to grant the temporary easements for Parcel 1, Parcel 2 and the officers of Country View who execute these temporary easements on behalf of Country View have the power and authority to do so and bind Country View. Section 1.4. Term. The temporary construction easement shall commence on the date of this Agreement and shall automatically expire on August 31, 2005. After the expiration of the Term, this Agreement shall be of no further force and effect, except for those provisions which survive expiration as provided herein. Section 1.5. Restoration. The City hereby covenants that all work performed by the City in connection with the Parcel 1 and Parcel 2 Temporary Easements shall be done with care, and any of the surface, driveways and other improvements or landscaping on or abutting the Property or Easement Area that are damaged or disturbed during the Term shall be promptly restored at the City's expense to the same condition as existed prior to work commencing. Further, in the event that the City Council determines not to proceed with the Project then any improvements, completed in the Easement Area shall belong to Country View without expense to Country View and without special assessment against the Property, it being recognized that Country View has granted these Temporary Easements as accommodations to the City. ARTICLE 2. Right of Access Section 2.1. Right of Access. Country View grants the City a right of access over the gravel drive area to obtain access off of Trunk Highway 61 as set forth, shown and identified in cross-hatching on the attached Exhibit C ("Ingress and Egress Easement Area") (the Easement Area for the Road Work, Easement Area for the Wetland/Pond Work and Easement Area for the Road Work, Easement Area for Ingress and Egress are collectively referred to herein as the "Easement Area"). Said Right of Access is attached to this Agreement as Exhibit D and shall be executed by Country View on the date this Agreement is executed. The City shall use the Ingress and Egress Easement Area for no purpose other than ingress and egress over the gravel road as necessary to get to the Easement Area. Section 2.2. Term. The Right of Access shall commence on the date of this Agreement and shall automatically expire on August 31, 2005. After the expiration of the Term, this Agreement shall be of no further force and effect, except for those provisions which survive expiration as provided herein. Section 23. Use & Performance. The City shall use the Easement Area for the Scope of Work for no purpose other than performance of the Scope of Work identified in this Settlement Agreement. The Wetland Mitigation and Storm Water Pond shall be located within, and restricted to, the area identified in the attached Exhibit C. and the City shall not otherwise be performing any work except as City Counci107-26-04 17 identified in the "Scope of Work" set forth in Recitals C and D of this Agreement. Section 2.4. Representations by Country View. Country View represents that it has all requisite power and authority to grant the right of access and the officers of Country View who execute these temporary easements on behalf of Country View have the power and authority to do so and bind Country View. ARTICLE 3. Permanent Easement Section 3.1. Permanent Drainage and Utility. Country View agrees to grant to the City a permanent easement consisting of 388,593 square feet for drainage and utility to cover the area of the land encompassing the wetland mitigation and storm water pond area, which permanent easement shall be separately drafted and recorded of record. Said permanent easement is attached to this Agreement as Exhibit E and shall be executed by Country View on the date this Agreement is executed. Section 3.2. Abandonment. Country View acknowledges and agrees that the Wetland/Pond Work is permanent in nature and in the event the City shall abandon the Project, the City shall not be required to remove or restore the Wetland/Pond Work to its original condition. In addition, in the event that the City abandons the Project, the permanent easement will not be vacated by the City and will remain in effect. Section 3.3. Representations by Country View. Country View represents that it has all requisite power and authority to grant the permanent easement and the officers of Country View who execute these temporary easements on behalf of Country View have the power and authority to do so and bind Country View. Section 3.4. Consideration. The City shall compensate Country View for the permanent easement at rate of $2.50 per square foot, a total amount of $971,482.00, to be paid in accordance with Section 8.2 of this Settlement Agreement. ARTICLE 4. Fee Title Section 4.1. Fee Title. Country View agrees to convey by limited warranty deed fee title to the property described in attached Exhibit H. The City shall compensate Country View for this property by paying Country View $6.50 per square foot for the "upland" portion of the Property (80,904 square feet) and $4.00 per square foot for the "lowland" portion of the Property (80,904 square feet) for a total payment of $849,492.00, to be paid in accordance with Section 8.2 of this Settlement Agreement. Section 4.2. Special Assessment. Country View agrees that the special assessment value for the road improvements for County Road D on the Property (PIN 032922230009) shall be $135,787.25 ("Special Assessment"). The breakdown of assessments is as follows: Roadway $135,787.25 Country View has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Property with the amount to be $135,787.25. The assessments are to be paid over a fifteen (15) year period at an estimated interest rate of 5%. Country View expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments City Counci107-26-04 18 pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). Country View shall pay the Special Assessment as set forth in the Statement of Assessment or in a lump sum. This Special Assessment amount shall not be deducted from the amount being paid by the City to Country View in this Settlement Agreement. ARTICLE 5. Additional Consideration Section 5.1. Consideration for the Easements and Fee Title Taking. (a) Connecting Road. As consideration for Country View granting the right of access, temporary and permanent easements and fee title for the Roadway provided by this Agreement, the City hereby agrees to construct for the benefit of Country View a roadway connection to the new County Road D that will be three hundred (300) feet in length, will be constructed to City standards with bituminous pavement and concrete curb and gutter, at such location as mutually agreed upon between Country View and the City ("Connecting Road"). The City and Country View shall determine the location of the Connecting Road on or before April 1, 2005, with both parties agreeing to work in good faith to try to reach an agreement prior to this date to determine the location of the Connecting Road. The parties agree that the value of this roadway connection is $75,000.00. It is also agreed that the Connecting Road shall be at the City's cost and expense. (b) Option to Purchase. The City agrees to grant to Country View an option to purchase that parcel identified as the Venburg Tire parcel presently consisting of 38,486 square feet set forth and identified on the attached Exhibit G and made a part hereof ("Venburg Parcel") at a rate of $8.00 per square foot ($307,888.00), and the City agrees to grant to Country View an option to purchase the parcel identified as the Xcel Energy excess land parcel presently consisting of 60,580 square feet as set forth and identified on the attached Exhibit H and made a part hereof ("Xcel Parcel") at a rate of $4.00 per square foot ($242,320.00) (the Venburg Parcel and Xcel Parcel are collectively referred to hereinafter as the "Option Parcels" or individually as an "Option Parcel"). Should Country View exercise its option with respect to the Venburg Parcel, it agrees that it shall pay and shall not object to the $40,617.50 in special assessments to be levied by the City for the construction of County Road D, which Special Assessment shall be paid as set forth in the Statement of Assessment or in a lump sum, at Country View's option. There shall be no assessments levied by the City with respect to the Xcel Parcel for the Project. The Option period shall commence from the date of execution of this Agreement and expire on August 31, 2005. In the event that Country View shall sell its Property at any time before the Option Parcels have been conveyed from the City to Country View or a Third Party Purchaser then this Option may be assigned by Country View and this Option shall run with the Property and shall burden the Option Parcels. This right shall continue to run with the Property and shall be binding on and to the benefit of all successors and assigns of the Property and shall survive the Term of this Agreement. The Option Parcels shall be sold to Country View "as is"post construction. "Post Construction" meaning that all structures will be demolished and removed, all wells will be capped and any environmental contamination shall be remediated by the City. Country View or its developer shall be responsible for any soil corrections that may be necessary for the developer to build on the Venburg Parcel. The City shall record a Memorandum of Option of record signed by the City and Country View for each Option Parcel for the benefit of Country View after an Option Parcel has been acquired by the City, reflecting the terms of the Option granted to Country View in this Agreement. A copy of the recorded Memorandum of Option shall be provided to Country View. City Counci107-26-04 19 (c) Pond Sizing for Development. As additional consideration to Country View, the City acknowledges and agrees that the area of the permanent drainage and utility easement being granted to the City by Country View, consisting of 388,593 square feet, shall be included in any density calculation by the City in determining the density requirements for the development of the Property. The 161,808 square feet conveyed fee title to the City by Country View shall not be included in these calculations as it is a permanent taking. The City agrees that 25% of its ponding requirement for Country View's Property in a future developed condition has been met by the wetland and storm water pond area that has been constructed by the City and will be located within the permanent drainage and utility easement. The remaining 75% of the ponding requirement for the Property shall be completed by Country View in connection with the development of the Property in the future. ARTICLE 6. Scope of Work Section 6.1. Scope of Work. The City shall perform and complete the Scope of Work: (a) in a safe, orderly, good, and workmanlike manner; (b) in a manner that meets all local, state, and federal laws; (c) in a manner in which does not interfere with in any way with the use of existing structures, roads or other improvements of Owner that are necessary to the use of the operational portion of the Property during the year 2004 with the exception of the first and ninth holes of the front nine hole golf course, the maintenance building and the access road to the maintenance building, which will be disturbed by the Scope of Work beginning in October of 2004; (d) completely within the Easement Area; and (e) at the City's sole cost and expense, although this Agreement does not preclude the City from administering assessments on the Property for the improvements as stated above. ARTICLE 7. Indemnification; Insurance Section 7.1. Indemnity. The City shall hold harmless, defend and indemnify the Owner of the Property, its agents, and their respective employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees, arising out of or due to, the negligence or willful misconduct of the City, in action or omission of the City, or its agents, employees or contractors in their use of the Temporary Easement. The City also agrees to correct any damage caused to the Easement Area as a result of the City's use of the Temporary Easement in a manner that is consistent with the condition of the Easement Area prior to the City's use of the Temporary Easement, excepting out any requirement for the wetland mitigation and storm water pond that are permanent in nature. Country View agrees to indemnify and save the City harmless from all claims (including costs and expenses of defending against such claims) arising from any negligent act, negligent omission or intentional tort of Country View or Country View's agents, employees, contractors, invitees or licensees occurring during the term of this Agreement in or about the Property. Section 7.2. Insurance. The City shall maintain: (a) comprehensive general liability insurance with a minimum of $1,000,000 per occurrence and $2,000,000 aggregate, (b) comprehensive automobile liability at a limit of liability not less than $500,000 combined bodily injury and property damage. Such insurance policies shall cover the City's indemnification obligations under this Agreement and shall be satisfactory to Owner. A certificate of insurance evidencing such coverage shall be provided to Owner prior to any entrance by the City or its employees, agents, or contractors onto the Property. The City's insurance coverage is subject to statutory liability limits. Section 73. Survival. All the City's obligations set forth herein shall survive the expiration or City Counci107-26-04 20 earlier termination of this Agreement. ARTICLE 8. Miscellaneous Section 8.1. Public Purpose. This Settlement Agreement shall be the full and final agreement between the parties with respect to any condemnation of the Property. Therefore, Country View agrees to waive its public purpose and any or all challenges that it may have had to any condemnation proceedings initiated by the City with respect to this Property. Section 8.2. Payment of Compensation. The total compensation amount to be paid to Country View by the City is $1,820,974.00, plus the additional non-monetary compensation as set forth above. The City shall initially pay only a portion of the compensation amount of $1,266,735.00 to Country View within thirty (30) days of the Settlement Agreement being approved by the City Council and executed by both parties. The remaining sum of $550,208.00 ("Escrowed Option Funds"), consisting of the aggregate purchase price established for the Option Parcels that Country View will have the right to purchase during the Option Period, shall continue to beheld by the City and released to Country View at earlier of: (1) the expiration of the Option Period of August 31, 2005; or (2) if Country View chooses to exercise one or both of the Options, the Escrowed Option Funds shall be released in an amount that is equal to the price established in this Settlement Agreement for the Option Parcel purchased; or (3) if Country View notifies the City in writing prior to the expiration of the Option Period that it is relinquishing its rights to exercise its Option as to either Option Parcel, then the City shall release the remaining Escrowed Option Fund(s) being held within ten (10) business days after it receives written notice. Section 83. Severability. The invalidity of any covenant, restriction, condition, limitation, provision, paragraph or clause of this Agreement, or of any part of the same, or the application thereof to any person or circumstance, shall not impair or affect in any manner the validity, enforceability, or effect of the rest of this Agreement, or the application or any such covenant, restriction, condition, limitation, provision, paragraph or clause to any person or circumstance. Section 8.4. Interpretation. Whenever appropriate, the singular number may be read as the plural, and the plural may be read as the singular. Any gender used may be read as the feminine, neuter or masculine gender, whichever is appropriate. Compound words beginning with the prefix "here" shall be read as referring to this entire Agreement and not merely to the part of it in which they appear. Section 8.5. Minnesota Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 8.6. Successors and Assigns. Except as provided otherwise herein, this Agreement shall inure to the benefit of and be binding on the parties hereto and their respective successors and assigns. If any of the Property described herein is subdivided into two or more ownerships, each obligation thereafter arising under this Agreement shall bind only those portions of such property as to which such obligation relates, and the owners thereof, and the other portions of such property and the owners thereof shall not be burdened by such obligation. Section 8.7. Amendment or Modification. This Agreement maybe amended or modified from time to time by a written and recorded instrument duly executed by all of the parties. Section 8.8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the City Counci107-26-04 21 same document. A signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. Section 8.9. Drafting. Each of the parties to the Agreement have been represented by legal counsel and neither party shall be construed to be the drafter of the Agreement. Secrion s.1o. Entire A,~reement. This Agreement reflects the entire agreement between the parties and supersedes all prior written or oral arguments including, without limitation (1) the prior Temporary Easement Agreement between the parties dated November 24, 2003, and (2) the Memorandum of Understanding dated February 12, 2004. The full agreement of the parties with respect to the Property is encompassed in this Agreement. Seconded by Councilmember Rossbach Ayes-All T.H. 61 Frontage Road at Kline Volvo, Project 04-25 -Resolution Approving Agreement for Right of Way Deed and Authorizing Preparation of Preliminary Report City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution authorizing_preparation of a preliminary report for construction of a fronta,~e road at Line Volvo and Line Nissan and approvin tg he a,~reement with Kline Volvo on ri,~ht of way exchange: RESOLUTION 04-07-137 AUTHORIZING PREPARATION OF PRELIMINARY REPORT APPROVING AGREEMENT WITH KLINE VOLVO WHEREAS, a Public Hearing was held on May 24, 2004 for the improvement of Trunk Highway 61 (Beam to Interstate 694), City Project 04-25, and WHEREAS, the city council authorized improvements to TH 61, and WHEREAS, Kline Volvo has executed a deed vacating their interests in property along Trunk Highway 61 (Beam to Interstate 694), and WHEREAS, said Kline agreement provides for the City to investigate the construction of a frontage road that will benefit the City and Kline Volvo and other businesses along Trunk Highway 61. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That said agreement between Kline Volvo and the City of Maplewood is hereby approved and the City Manager and Mayor are hereby authorized to sign said agreement signifying the City's approval of the agreement. 2. The City Engineer is hereby ordered to prepare a preliminary report advising the City City Counci107-26-04 22 Council of the proposed improvements of frontage roads adjacent to and along the eastern side of Trunk Highway 61 from the new alignment of County Road D and existing County Road D. The finance director is hereby authorized to make the financial transfers necessary to create a project budget in the amount of $20,000 for said purposes. Seconded by Councilmember Mayor Cardinal Ayes-All 4. Code of Conduct for Council and Commission Members City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Koppen moved to adopt the Code of Conduct for council and commission members. Seconded by Councilmember Monahan-Junek Ayes-All Gladstone Neighborhood -Resolution of Support for Livable Communities Demonstration Account Development Grant City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution showin tg he city council's intent to comply with the Livable Communities Demonstration Account Pro,~ram contract requirements for the requested $2,565,000 development ,rant for capital improvements in the Gladstone Neighborhood: RESOLUTION NO. 04-07-130 CITY OF MAPLEWOOD, MINNESOTA AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Maplewood is a participant in the Livable Communities Act's Housing Incentives Program for 2004 as determined by the Metropolitan Council and is, therefore, eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the city has identified a proposed project within the city that meets the Demonstration Account's purpose and criteria; and WHEREAS, the city has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the city certifies that it will comply with all applicable laws and regulations as stated in the contract agreements: and WHEREAS, the city council of the City of Maplewood, Minnesota agrees to act as legal sponsor for City Counci107-26-04 23 the project contained in the development grant application submitted on June 30, 2004; THEREFORE, BE IT RESOLVED, that the city manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Maplewood and to execute such agreements as are necessary to implement the project on behalf of the applicant. Seconded by Councilmember Monahan-Junek Ayes-All 6. Merit Pay Program Change City Manager Fursman presented the staff report and presented specifics. Councilmember Koppen moved to approve the plan to eliminate merit pay. Seconded by Councilmember Monahan-Junek Ayes-All 7. Atlantic Street Water Main, Project 03-16 -Resolution for Cancellation of Project and Authorizing Financing of Expenses by the WAC Fund a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution for the cancellation of Atlantic Street Water Main, Project 03-416; and authorized the financing of project expenses by the WAC fund (St. Paul S.. s~~ RESOLUTION 04-07-138 CANCELLATION OF ATLANTIC STREET WATER MAIN, PROJECT 03-16, AND AUTHORIZING FINANCING OF PROJECT EXPENSES BY THE WAC FUND WHEREAS, On March 24, 2003, the council received a petition from Ohlson Landscaping Inc. requesting water main be extended to their property as a public improvement, and WHEREAS, the council approved a resolution ordering the preparation of the feasibility study for the Atlantic Street Water Main, Project 03-16 on March 24, 2003, and, WHEREAS, the council approved a resolution ordering preparation of final plans and specifications for the Atlantic Street Water Main, Project 03-16 on August 25, 2003, and, WHEREAS, subsequent events have led the petitioner to withdraw their request for public improvement and construct the improvements privately and at their expense, and, WHEREAS, expenses were incurred in the preparation of the feasibility study and final plans and specifications which cannot now be recouped through assessments as proposed in the feasibility study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: City Counci107-26-04 24 That the Atlantic Street Water Main, Project 03-16 is cancelled, and 2. All expenses incurred as part of the project shall be financed by the WAC Fund. Seconded by Councilmember Koppen Ayes-All 8. Springside Drive Extension, Project 03-36 -Resolution Accepting Report and Calling for Public Hearing. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution acceptin tg he report and callin fg or a public hearing for 7:00 p.m., Monday, August 9~, 2004, for the Springside Dr. Extension-West of Sterlin Sg treet: RESOLUTION 04-07-139 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted October 13, 2003, a report has been prepared by the city engineering division with reference to the improvement of Springside Dr. Extension -West of Sterling St., City Project 03-36, and this report was received by the council on July 26, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 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 $162,429.41. 2. A public hearing shall be held on such proposed improvement on the 9th day of August 2004 in the council chambers of city hall at 7 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Juenemann Ayes-All 9. Follow-up on Fire Study a. City Manager presented the report. b. Police Chief Thomalla provided further specifics of the report. Councilmember Juenemann moved to keep Emergency Management Services in the City of Maplewood. City Counci107-26-04 25 Seconded by Councilmember Monahan-Junek Ayes-All L. M. Councilmember Monahan-Junek moved to proceed with the budgetin,~ and the plan to hire 6 additional fire fi hg ter/paramedics with the understanding that the service level of the implementation would be equal to or greater than the current level of service and that staff would work closely with the paid-per-call firefighters which are very important to the hybrid EMS delivery model. Seconded by Councilmember Rossbach Ayes-Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Councilmember Koppen VISITOR PRESENTATIONS None COUNCIL PRESENTATIONS 1. National Night Out-Councilmember Juenemann noted that there are currently 55 block parties for National Night Out Tuesday, August 3rd 2. Introduction of the Meeting Process-Councilmember Monahan-Junek asked that council procedures be reviewed at the beginning of each meeting for the benefit of visitors. Water Board Schedule-Mayor Cardinal noted that the campus is proceeding well. The office will be finished September 21st and the move will occur some time in October. 4. Ramsey County Fair-Mayor Cardinal read a letter from Joe Fox from Ramsey County informing residents that Ramsey County has withdrawn all funds allocated to the fair. City Hall Campus Master Plan-City Engineer Ahl presented a plan designed to help City Hall Campus to become more environmentally friendly. N. 6. Johnny Appleseed Day-Mayor Cardinal announced that Johnny Appleseed Day will be celebrated at Bruentrup Farm, Saturday, August 21st, 11:00 a.m. to 3:00 p.m. Food and beverage will be served. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 10:55 p.m. Seconded by Councilmember Juenemann Ayes -All City Counci107-26-04 26 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: August 9, 2004 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: $ 1,562.05 Checks # 64446 thru # 64449 dated 7/20/04 thru 7/26/04 $ 1,376,989.82 Checks # 64450 thru # 64504 dated 7/27/04 $ 2,293,941.96 Disbursements via debits to checking account dated 7/16/04 thru 7/22/04 $ 422,842.35 Checks # 64505 thru # 64579 dated 8/03/04 $ 143,012.56 Disbursements via debits to checking account dated 7/23/04 thru 7/30/04 $ 4,238,348.74 Total Accounts Payable PAYROLL $ 438,304.20 Payroll Checks and Direct Deposits dated 7/30/04 $ 1,260.90 Payroll Deduction check # 98238 thru # 98239 dated 7/30/04 $ 439,565.10 Total Payroll $ 4,677,913.84 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any question on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments c:\My Documents\Excel\Miscellaneous\04-AprClms 07-23, 07-30 1 Check Register City of Maplewood vchlist 07/27/2004 10:15:32 AM Check Date Vendor Description/Account Amount 64446 7/20/2004 03164 MICHELS, JIM CITY EMPLOYEE PICNIC -MEAT SUPPLIER 300.00 64447 7/20/2004 03165 ARAMARK CITY EMPLOYEE PICNIC -FOOD 555.00 64448 7/20/2004 03165 ARAMARK CITY EMPLOYEE PICNIC -FOOD 500.55 64449 7/26/2004 03167 METCALF, DYLAN REF TOWING CHARGES 206.50 64450 7/27/2004 03129 2 BUYSTORE.COM DOCUMENT SCANNER -PANASONIC KV-56055W 5,438.37 64451 7/27/2004 02226 ABLE CONCRETE RAISING INC RAISE 2 SECTIONS OF SIDEWALK 972.00 64452 7/27/2004 03004 BEHAVIORAL HEALTH SRVS INC EAP SERVICES 4/1 - 6/30 480.00 64453 7/27/2004 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 156.00 MERCH FOR RESALE 39.00 MERCH FOR RESALE 117.00 64454 7/27/2004 01922 BREHEIM, ROGER REIMB FOR CELL PHONE -JUL 15.00 REIMB FOR CELL PHONE -JUN 15.00 REIMB FOR CELL PHONE -MAY 15.00 64455 7/27/2004 00277 CAREFREE COTTAGES OF MAPLEWOOD FUND 418 TAX INCREMENT 46,258.12 64456 7/27/2004 00277 CAREFREE COTTAGES OF MAPLEWOOD FUND 416 TAX INCREMENT 23,610.84 64457 7/27/2004 00277 CAREFREE COTTAGES OF MAPLEWOOD FUND 417 TAX INCREMENT 19,548.98 64458 7/27/2004 00272 CARVER, NICHOLAS REIMB FOR MILEAGE 7/14 - 7/16 124.87 64459 7/27/2004 02974 CORBAN GROUP INC, THE RMS CONSULTANT FEE 440.00 64460 7/27/2004 02743 DOBLAR, RICHARD REIMB FOR BOOKS & TUITION 5/3-6/21 605.92 REIMB FOR TUITION 6/8-7/6 382.50 64461 7/27/2004 00449 EDEN SYSTEMS INC TRAINING COSTS 11,842.32 TRAINING COSTS 903.94 64462 7/27/2004 03068 EXCEL AIR SYSTEMS INC REPLACE FRESH AIR DAMPERS & CUT IN 2 1,952.00 64463 7/27/2004 02168 FINLEY BROS INC RESURFACE 2 TENNIS CRTS- SHERWOOD PK 7,630.00 RESURFACE 2 TENNIS CRTS & 1 BB CRT - 9,790.00 64464 7/27/2004 01401 FIRST STUDENT INC BUS TO TARGET CTR 238.20 BUS TO COMO ZOO 238.20 64465 7/27/2004 02071 FISHER, DAVID REIMB FOR MILEAGE 6/5 - 7/22 132.38 64466 7/27/2004 00532 FRANK MADDEN & ASSOCIATES LEGAL SRVS THRU 6/30 169.00 64467 7/27/2004 02958 GOODPOINTE TECHNOLOGY INC DATA CONSULTING 3,200.00 DATA CONSULTING 6,560.00 DATA CONSULTING 544.00 64468 7/27/2004 02158 HANSEN, LORI REIMB FOR PARKING & MILEAGE 7/14 10.25 64469 7/27/2004 02643 HITESMAN & ASSOCIATES PA HIPAA AMENDMENT PROF SRVS 140.00 64470 7/27/2004 03168 IMPERIAL DEVELOPERS INC PROJ 02-08 VENBURG/GULDENS PYMT #1 187,635.49 64471 7/27/2004 00721 INDEPENDENT SPORTS NETWORK UMPIRE COORDINATOR SRVS 7/5 - 7/15 2,096.00 64472 7/27/2004 03169 INGVOLDSTAD, CURTIS TWO CARVINGS 2,250.00 64473 7/27/2004 03170 KNUTSON, CAMPBELL PROJ 02-08 BNSF/MN COMM RAILWAY 1,194.40 64474 7/27/2004 00821 KVAM, DAVID REIMB FOR TUITION & BOOKS 2/24 -4/27 874.25 64475 7/27/2004 00932 MAPLEWOOD BAKERY BIRTHDAY CAKES 41.25 64476 7/27/2004 02854 MIDWEST ASPHALT MILLINGS 1,650.00 64477 7/27/2004 01126 MN NCPERS LIFE INSURANCE PERA LIFE INS -JUL 213.00 64478 7/27/2004 01051 MN OCCUPATIONAL HEALTH PREEMPLOYMENT PHYSICALS - FF 2,486.00 64479 7/27/2004 01089 MN UC FUND UNEMPLOYMENT - 2ND QTR 12,461.42 64480 7/27/2004 01173 NORTH METRO AUTOMOTIVE REPAIR DC 3 VEHICLE 38.53 64481 7/27/2004 02629 NOVACARE CBO PREEMPLOYMENT PHYSICALS -JUN 720.00 64482 7/27/2004 01213 OLSON, JULIE REIMB FOR TUITION & BOOKS 2/24 - 4/27 643.44 64483 7/27/2004 00001 ONE TIME VENDOR REF ALAN BECICKA -PARKS PROGRAM 75.00 64484 7/27/2004 00001 ONE TIME VENDOR REF DAVID ORTMAN -PARKS PROGRAM 50.00 64485 7/27/2004 00001 ONE TIME VENDOR REF TRANG LU -MCC PROGRAM 42.00 64486 7/27/2004 00001 ONE TIME VENDOR REF PATRICIA VEAL -MCC PROGRAM 35.00 64487 7/27/2004 00001 ONE TIME VENDOR REF DAVID MOECKEL -MEMBERSHIP 26.63 64488 7/27/2004 02903 PARK CONSTRUCTION CO PROJ 01-16 HAZELWOOD ST PYMT #5 74,373.33 PROJ 03-22 CARLTON ST PYMT #1 232,996.64 64489 7/27/2004 03171 QUALITY TRAFFIC CONTROL PROJ 02-08 VENBURG 356.34 64490 7/27/2004 00069 RISK MANAGEMENT ALTERNATIVES COLLECTION AGENCY FEE 9.96 64491 7/27/2004 03172 RYAN CONTRACTING COMPANY PROJ 03-26 LEGACY PKWY IMP PYMT#1 237,028.85 64492 7/27/2004 01455 SHORTREED, MICHAEL REIMB FOR TUIITON & BOOKS 5/3 - 6/7 440.03 64493 7/27/2004 03124 SOFTWARE HOUSE INTL MICROSOFT ENTERPRISE AGREEMENT, FULL 34,040.81 64494 7/27/2004 01504 ST PAUL, CITY OF CRIME LAB SRVS -MAY 150.00 ASPHALT MIX -JUN 1,334.34 CRIME LAB FEES 140.00 64495 7/27/2004 01546 SUBURBAN SPORTSWEAR LLC CAMP SHIRTS 367.05 EMPLOYEE PORTION T-SHIRTS -68.40 2 Check Date Vendor 64496 7/27/2004 01572 64497 64498 64499 64500 64501 64502 64503 64504 7/27/2004 01574 7/27/2004 01574 7/27/2004 01618 7/27/2004 01580 7/27/2004 02069 7/27/2004 01694 7/27/2004 01734 7/27/2004 02410 59 Checks in this report SYSTEMS SUPPLY. INC. T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC THOMALLA, DAVID TSE, INC. ULTIMATE DRAIN SERVICES INC UNITED PARCEL SERVICE WALSH, WILLIAM P. WELLS FARGO LEASING INC Description/Account Amount TONER CARTRIDGE 286.61 INK CARTRIDGE 482.70 INK CARTRIDGE 228.51 PROJ 03-18 HAZELWOOD AREA PYMT#2 435,617.09 VARIOUS BITUMINOUS- 1,513.22 REIMB FOR WBA PARADE CANDY 30.23 CUSTODIAL SRVS 6/1 - 6/25 842.52 PROJ 03-18 TELEVISE MAIN LINE 385.00 PROJ 03-18 TELEVISING MAIN LINE 400.00 UPS SHIPMENT 24.38 COMMERICAL PLUMBING INSP 298.00 COMMERCIAL PLUMBING INSP 233.31 RICOH COPIER LEASE 1,378.00 Total checks: 1,378,551.87 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 07/15/04 07/19/04 07/15/04 07/16/04 07/16/04 07/16/04 07/08/04 07/16/04 07/19/04 07/16/04 07/20/04 07/20/04 07/21 /04 07/08/04 07/16/04 07/16/04 07/16/04 07/19/04 07/19/04 07/19/04 07/19/04 07/19/04 07/20/04 07/20/04 07/20/04 07/21 /04 07/22/04 07/22/04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. MN Dept of Revenue Orchard Trust MN State Treasurer MN State Treasurer Dain Rauscher MN State Treasurer MN State Treasurer MN Dept of Revenue TOTAL Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Sales Tax Deferred Compensation Drivers License/Deputy Registrar State Payroll Tax Investment Purchase Drivers License/Deputy Registrar Drivers License/Deputy Registrar Fuel Tax Amount 14,383.98 8,066.59 679.50 7,628.50 121,015.38 48,309.02 6,801.00 21,783.78 11,300.00 22,430.55 1,999,061.11 13,495.07 18,731.48 256.00 2,293,941.96 4 Check Register City of Maplewood vchlist 07/30/2004 11:27:13 AM Check Date Vendor Description/Account Amount 64505 8/3/2004 00008 A M E M AMEM CONF - 3 400.00 64506 8/3/2004 01908 ADMINISTRATION, DEPT OF NETWORK DATA BACKUP -JUN 1,304.54 64507 8/3/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 1,168.64 64508 8/3/2004 03163 AYN BUILDERS INC REF GRADING ESC - 1580 MCKNIGHT RD N 1,029.04 64509 8/3/2004 00174 BELDE, STAN K-9 HANDLER -AUG 35.00 64510 8/3/2004 01936 BERGO, CHAD REIMB FOR INTERNET SRV -AUG 7.49 64511 8/3/2004 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 117.00 64512 8/3/2004 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREM -AUG 109,465.50 64513 8/3/2004 00198 BOARD OF WATER COMMISSIONERS MONTHLY WATER UTIL 3,158.92 64514 8/3/2004 00202 BOHL, JOHN REIMB FOR MEALS 7/17 - 7/25 88.06 64515 8/3/2004 03174 BOWMAN, WILLIS RAMSEY CTY PARADE PERFORMANCE 50.00 64516 8/3/2004 03020 BRADLEY R BEHNKE GOLF MGMT LLC GOLF INSTRUCTOR 2,540.00 64517 8/3/2004 01922 BREHEIM, ROGER REIMB FOR CELL PHONE -AUG 15.00 64518 8/3/2004 00221 BROCK WHITE COMPANY, LLC. PICK HEADS & 36" HANDLES 105.69 64519 8/3/2004 00230 BRYAN ROCK PRODUCTS, INC. ROCK 469.70 64520 8/3/2004 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 64521 8/3/2004 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION SRVS - JUL 3,423.42 64522 8/3/2004 02929 CNAGLAC LONG TERM CARE INS 819.32 64523 8/3/2004 00327 CONVERSE, STEVE SOFTBALL TOURNEY UMPIRE 150.00 64524 8/3/2004 00384 DE LACE LANDEN FINANCIAL SRVS COPIER LEASE 511.20 64525 8/3/2004 00449 EDEN SYSTEMS INC DATA CONVERSION AND IMPLEMENTATION 10,350.00 64526 8/3/2004 02615 ELEMENTS INC FIRE STATION SIGNS 4,586.93 64527 8/3/2004 00529 FORTIS BENEFITS INSURANCE CO MONTHLY LTD PREM 2,108.48 64528 8/3/2004 01890 FRY, PATRICIA REIMB MILEAGE 7/20 TO 7/21 27.00 64529 8/3/2004 01886 GENERAL SAFETY EQUIPMENT CORP REPAIR TO ENGINE 7 231.31 64530 8/3/2004 03046 GIESERLAB FORENSIC SPECIALTIES FORENSIC DRYING CABINET, HEPA, 110V, 4,419.00 64531 8/3/2004 00589 GRAF, DAVE KARATE INSTRUCTOR 7/6 TO 7/27 182.00 64532 8/3/2004 03175 GRANT UTILITIES INC REF GRADING ESC - 2231 MAPLEVIEW AVE 750.00 64533 8/3/2004 02866 GREEN, RONALD REF GRADING ESC - 1011 CO RD C E 1,051.10 64534 8/3/2004 00612 GYM WORKS INC PARTS FOR STAIR CLIMBER 48.99 64535 8/3/2004 00668 HIEBERT, STEVEN K-9 HANDLER-AUG 35.00 64536 8/3/2004 00687 HUGO'S TREE CARE TREE & STUMP REMOVAL 798.75 64537 8/3/2004 03176 KOEHLER, ROBERT REF GRADING ESC - 1939 CO RD B EAST 1,000.00 64538 8/3/2004 02996 LAND OF LAKES PROPERTIES LLC REF GRADING ESC - 1257 GERVAIS AVE 4,680.48 64539 8/3/2004 03127 LOVEGREEN MECH SRVS LLC NEW ROOF RTU 2,129.00 64540 8/3/2004 00945 MASYS CORP STRATUS SOFTWARE MAINT -AUG 738.68 64541 8/3/2004 03141 MAXWELL HOMES REF GRADING ESC - 2632 WHITE OAK CIR 1,070.27 64542 8/3/2004 01819 MCLEOD USA LOCAL PHONE SRV 6/16-7/15 2,080.75 64543 8/3/2004 02872 METLIFE SBC MONTHLY DENTAL PREM 7,514.39 64544 8/3/2004 00985 METROPOLITAN COUNCIL WASTEWATER -AUG 156,400.33 64545 8/3/2004 01085 MN LIFE INSURANCE MONTHLY PREM 3,925.00 64546 8/3/2004 02715 MN/SCIA 2004 MEMBERSHIP 18.00 64547 8/3/2004 03180 NATIONAL RESEARCH CTR INC NATL CITIZEN SURVEY - 1ST PYMT 4,100.00 64548 8/3/2004 01149 NATURAL RESOURCES RESTOR INC BUCKTHORN BURN TAX 120.25 BUCKTHORN BURN TAX 35.75 SAVANNA AREA BURN -TAX CREDIT -58.50 BUCKTHORN BURN -VISTA HILLS 1,278.00 64549 8/3/2004 01160 NEWMAN TRAFFIC SIGNS SIGNS 858.07 64550 8/3/2004 01175 NORTH ST PAUL, CITY OF MONTHLY UTIL -BILL DATE 7/15 2,951.28 64551 8/3/2004 01174 NORTH ST PAUL-MAPLEWOOD- ROTARY MEMBERSHIP DUES 175.00 64552 8/3/2004 00001 ONE TIME VENDOR REF IA XIONG -PARKS PROGRAM 55.00 64553 8/3/2004 00001 ONE TIME VENDOR REF KRISTEN LUECK -PARKS PROG 55.00 64554 8/3/2004 00001 ONE TIME VENDOR REF TRACIE OSVOLD -MCC PROG 49.00 64555 8/3/2004 00001 ONE TIME VENDOR REF DENISE DUFECK -PARKS PROG 45.00 64556 8/3/2004 00001 ONE TIME VENDOR REF DANIELLE BEAN -PARK PROG 45.00 64557 8/3/2004 00001 ONE TIME VENDOR REF NIKKI KASPER -PARK PROG 20.00 5 Check Date Vendor Description/Account Amount 64558 8/3/2004 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING -JUN 19,439.76 64559 8/3/2004 01941 PATRICK GRAPHICS & TROPHIES 1ST PLACE TROPHIES 79.88 64560 8/3/2004 00396 PUBLIC SAFETY, DEPT OF CJDN - 2ND QTR 1,920.00 CJDN - 2ND QTR 1,350.00 64561 8/3/2004 00396 PUBLIC SAFETY, DEPT OF TRANSFER TITLES FORFEITURE VEH - 3 40.50 64562 8/3/2004 03177 R J RYAN CONSTRUCTION INC REF GRADING ESC - 2966 WHITE BEAR AVE 16,515.32 64563 8/3/2004 01337 RAMSEY COUNTY-PROP REC & REV MISC PLANTS 527.18 64564 8/3/2004 01340 REGIONS HOSPITAL PARAMEDIC SUPPLIES 2,363.87 64565 8/3/2004 01360 REINHART FOODSERVICE MERCH FOR RESALE 429.64 64566 8/3/2004 01387 ROSSINI, DR. JAMES FITNESS PROGRAM ADMIN FEE - JUL 100.00 64567 8/3/2004 01418 SAM'S CLUB DIRECT MERCH FOR RESALE 175.08 MERCH FOR RESALE 57.64 CITY PICNIC 619.34 PROGRAM SUPPLIES 59.36 MERCH FOR RESALE 132.17 PROGRAM SUPPLIES 187.33 MERCH FOR RESALE 161.46 64568 8/3/2004 03178 SCIENCE EXPLORERS SCIENCE CLASS 8/17 170.00 64569 8/3/2004 02870 SEMLER CONSTRUCTION INC REF GRADING ESC - 1121 STERLING CIR N 2,619.11 REF GRADING ESC - 1151 STERLING CIR N 2,618.77 REF GRADING ESC - 1161 STERLING CIR N 2,618.77 REF GRADING ESC - 1125 STERLING CIR 2,618.77 REF GRADING ESC - 1135 STERLING CIR 1,301.82 REF GRADING ESC - 1141 STERLING CIR N 1,301.82 REF GRADING ESC - 1165 STERLING CIR N 1,301.82 REF GRADING ESC - 1145 STERLING CIR N 1,300.96 REF GRADING ESC - 1171 STERLING CIR N 1,301.52 REF GRADING ESC - 1155 STERLING CIR N 2,609.52 REF GRADING ESC - 1175 STERLING CIR 1,297.53 REF GRADING ESC - 1185 STERLING CIR 1,297.53 REF GRADING ESC - 1181 STERLING CIR 1,296.16 REF GRADING ESC - 1131 STERLING CIR 2,576.30 64570 8/3/2004 03179 SEWER EQUIP CO OF AMERICA REPLACEMENT ORIFICES 88.73 64571 8/3/2004 02653 SIMPLEX GRINNELL LP REPLACE DAMAGED CONTROL PANEL 2,986.25 64572 8/3/2004 01556 SPEEDWAY SUPERAMERICA LLC FUEL 86.24 64573 8/3/2004 02515 ST CROIX LESSON CENTER HORSE RIDING INSTRUCTION 7/19 - 7/23 1,140.00 64574 8/3/2004 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 1,354.91 64575 8/3/2004 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS- 1,129.05 64576 8/3/2004 03060 TGS CONSTRUCTION REF GRADING ESC - 2693 RED SPLENDER 2,436.00 REF GRADING ESC - 2693 RED SPLENDER 2,566.37 64577 8/3/2004 01580 TSE, INC. GROUNDSKEEPING SRVS - 6/7 THRU 6/25 1,161.04 64578 8/3/2004 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 687.00 64579 8/3/2004 01771 WHITE BEAR LAKE, CITY OF POLICE TRAINING PROGRAM 35.00 75 Checks in this report Total checks : 422,842.35 6 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 07/22/04 07/20/04 07/22/04 07/23/04 07/23/04 07/26/04 07/26/04 07/27/04 07/28/04 07/23/04 07/29/04 07/30/04 07/29/04 07/23/04 07/23/04 07/23/04 07/26/04 07/26/04 07/27/04 07/27/04 07/28/04 07/29/04 07/29/04 07/30/04 07/30/04 07/30/04 MN State Treasurer ARC Administration MN Dept of Natural Resources MN State Treasurer Federal Reserve Bank MN State Treasurer Pitney Bowes MN State Treasurer MN State Treasurer Elan Financial Services* MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources TOTAL Description Drivers License/Deputy Registrar DCRP & Flex plan payments DNR electronic licenses Drivers License/Deputy Registrar Savings Bonds Drivers License/Deputy Registrar Postage Drivers License/Deputy Registrar Drivers License/Deputy Registrar Purchasing card items Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses *Detailed listings of Elan purchasing card items are attached. Amount 13,448.75 349.81 1,069.00 13,611.17 200.00 14,642.68 2,985.00 14,984.88 14,605.60 45,026.83 13,214.75 8,066.59 807.50 "14~,U"IL.S(~ 7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/30/04 CARDINAL, ROBERT 406.78 dd 07/30/04 JUENEMANN, KATHLEEN 358.00 dd 07/30/04 KOPPEN, MARVIN 358.00 dd 07/30/04 MONAHAN-JUNEK, JACQUELINE 358.00 dd 07/30/04 ROSSBACH, WILLIAM 358.00 dd 07/30/04 COLEMAN, MELINDA 3,792.87 dd 07/30/04 DARST, ROBERTA 1,499.68 dd 07/30/04 FURSMAN, RICHARD 4,629.25 dd 07/30/04 SWANSON, LYLE 1,746.61 dd 07/30/04 LE, SHERYL 3,699.76 dd 07/30/04 RAMEAUX, THERESE 2,197.61 dd 07/30/04 FAUST, DANIEL 3,857.97 dd 07/30/04 SCHMIDT, DEBORAH 1,348.44 dd 07/30/04 ANDERSON, CAROLE 216.45 dd 07/30/04 BAUMAN, GAYLE 3,072.70 dd 07/30/04 JACKSON, MARY 1,766.84 dd 07/30/04 KELSEY, CONNIE 755.55 dd 07/30/04 TETZLAFF, JUDY 1,766.84 dd 07/30/04 FRY, PATRICIA 1,639.64 dd 07/30/04 GUILFOILE, KAREN 2,701.07 dd 07/30/04 OSTER, ANDREA 1,713.08 dd 07/30/04 CARLE, JEANETTE 1,598.69 dd 07/30/04 FIGG, SHERRIE 1,120.83 dd 07/30/04 JAGOE, CAROL 1,605.89 dd 07/30/04 JOHNSON, BONNIE 963.65 dd 07/30/04 OLSON, SANDRA 1,001.01 dd 07/30/04 SCHACHT, BARBARA 814.20 dd 07/30/04 WEAVER, KRISTINE 1,692.90 dd 07/30/04 BANICK, JOHN 3,445.97 dd 07/30/04 CORCORAN, THERESA 1,821.98 dd 07/30/04 POWELL, PHILIP 2,156.41 dd 07/30/04 SPANGLER, EDNA 445.50 dd 07/30/04 THOMALLA, DAVID 3,817.59 dd 07/30/04 ABEL, GLINT 2,220.48 dd 07/30/04 ALDRIDGE, MARK 2,890.47 dd 07/30/04 ANDREWS, SCOTT 3,525.78 dd 07/30/04 BAKKE, LONN 2,372.06 dd 07/30/04 BELDE, STANLEY 2,773.86 dd 07/30/04 BIERDEMAN, BRIAN 2,075.04 dd 07/30/04 BOHL, JOHN 2,844.87 dd 07/30/04 BUSACK, DANIEL 2,233.11 dd 07/30/04 COFFEY, KEVIN 2,215.56 dd 07/30/04 GROTTY, KERRY 2,326.31 dd 07/30/04 DOBLAR, RICHARD 2,898.97 dd 07/30/04 GABRIEL, ANTHONY 1,552.39 dd 07/30/04 HEINZ, STEPHEN 2,437.64 dd 07/30/04 HIEBERT, STEVEN 2,933.02 dd 07/30/04 JOHNSON, KEVIN 3,170.01 dd 07/30/04 KARIS, FLINT 2,799.08 dd 07/30/04 KONG, TOMMY 2,233.11 dd 07/30/04 KROLL, BRETT 2,778.36 8 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/30/04 KVAM, DAVID 3,063.63 dd 07/30/04 CARSON, DANIEL 2,576.40 dd 07/30/04 LU, JOHNNIE 3,051.31 dd 07/30/04 MARINO, JASON 2,265.93 dd 07/30/04 MARTIN, JERROLD 2,254.44 dd 07/30/04 MCCARTY, GLEN 1,767.81 dd 07/30/04 METRY, ALESIA 1,975.05 dd 07/30/04 OLSON, JULIE 2,347.68 dd 07/30/04 RABBETT, KEVIN 3,124.61 dd 07/30/04 STEFFEN, SCOTT 3,073.87 dd 07/30/04 SZCZEPANSKI, THOMAS 2,349.59 dd 07/30/04 THIENES, PAUL 2,753.70 dd 07/30/04 TRAN, JOSEPH 2,211.39 dd 07/30/04 WENZEL, JAY 2,565.99 dd 07/30/04 XIONG, KAO 2,065.95 dd 07/30/04 BARTZ, PAUL 2,504.03 dd 07/30/04 BERGERON, JOSEPH 2,964.75 dd 07/30/04 DUGAS, MICHAEL 2,753.76 dd 07/30/04 DUNN, ALICE 2,913.46 dd 07/30/04 ERICKSON, VIRGINIA 2,488.10 dd 07/30/04 EVERSON, PAUL 2,141.23 dd 07/30/04 FLOR, TIMOTHY 3,381.32 dd 07/30/04 FRASER, JOHN 2,488.10 dd 07/30/04 HALWEG, JODI 1,823.29 dd 07/30/04 L'ALLIER, DANIEL 1,614.45 dd 07/30/04 LANGNER, SCOTT 1,660.10 dd 07/30/04 PALMA, STEVEN 2,845.70 dd 07/30/04 PARSONS, KURT 1,889.16 dd 07/30/04 DAWSON, RICHARD 1,836.27 dd 07/30/04 DUELLMAN, KIRK 1,816.63 dd 07/30/04 JOHNSON, DOUGLAS 1,790.44 dd 07/30/04 NOVAK, JEROME 1,829.73 dd 07/30/04 PETERSON, ROBERT 1,874.29 dd 07/30/04 SVENDSEN, RONALD 1,894.80 dd 07/30/04 GERVAIS-JR, CLARENCE 2,575.00 dd 07/30/04 FEHR, JOSEPH 1,587.94 dd 07/30/04 FLAUGHER, JAYME 1,871.95 dd 07/30/04 HERMANSON, CHAD 1,313.25 dd 07/30/04 JACKSON, LINDA 2,352.11 dd 07/30/04 LAFFERTY, WALTER 1,808.44 dd 07/30/04 LINK, BRYAN 1,644.44 dd 07/30/04 PACOLT, MARSHA 2,142.40 dd 07/30/04 RABINE, JANET 2,139.24 dd 07/30/04 SCHREIER, JENNIFER 68.00 dd 07/30/04 STAHNKE, JULIE 1,833.25 dd 07/30/04 LUKIN, STEVEN 3,353.68 dd 07/30/04 SVENDSEN, RUSTIN 2,678.00 dd 07/30/04 ZWIEG, SUSAN 1,710.84 dd 07/30/04 DOLLERSCHELL, ROBERT 266.30 dd 07/30/04 AHL, R. CHARLES 4,045.84 dd 07/30/04 NIVEN, AMY 1,141.53 dd 07/30/04 PRIEFER, WILLIAM 2,462.94 dd 07/30/04 WEGWERTH, JUDITH 1,715.29 dd 07/30/04 BRINK, TROY 1,549.84 dd 07/30/04 DEBILZAN, THOMAS 2,131.17 dd 07/30/04 EDGE, DOUGLAS 1,856.36 9 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/30/04 JONES, DONALD 1,894.90 dd 07/30/04 KANE, MICHAEL 2,722.50 dd 07/30/04 LUTZ, DAVID 1,810.50 dd 07/30/04 MEYER, GERALD 1,862.34 dd 07/30/04 NAGEL, BRYAN 1,961.87 dd 07/30/04 OSWALD, ERICK 1,961.87 dd 07/30/04 TEVLIN, TODD 1,622.04 dd 07/30/04 CAVETT, CHRISTOPHER 3,056.22 dd 07/30/04 DUCHARME, JOHN 2,230.84 dd 07/30/04 ENGSTROM, ANDREW 1,453.25 dd 07/30/04 JACOBSON, SCOTT 1,651.39 dd 07/30/04 LABEREE, ERIN 2,305.27 dd 07/30/04 LINDBLOM, RANDAL 2,277.07 dd 07/30/04 MURRA, AARON 1,168.59 dd 07/30/04 PECK, DENNIS 2,701.93 dd 07/30/04 PRIEBE, WILLIAM 2,781.13 dd 07/30/04 SMITH III, DONAVAN 920.00 dd 07/30/04 VERMEERSCH, CHARLES 2,065.24 dd 07/30/04 ANDERSON, BRUCE 3,764.03 dd 07/30/04 CAREY, HEIDI 1,952.44 dd 07/30/04 HALL, KATHLEEN 1,715.29 dd 07/30/04 YOUNG, AMANDA 840.00 dd 07/30/04 BORGLUM, DUSTIN 1,320.00 dd 07/30/04 GERVAIS, DAVID 792.00 dd 07/30/04 MARUSKA, MARK 2,513.20 dd 07/30/04 NAUGHTON, JOHN 1,622.04 dd 07/30/04 SCHINDELDECKER, JAMES 1,788.27 dd 07/30/04 BIESANZ, OAKLEY 1,329.00 dd 07/30/04 HAYMAN, JANET 1,083.23 dd 07/30/04 HUTCHINSON, ANN 2,092.14 dd 07/30/04 KOS, HEATHER 404.13 dd 07/30/04 NELSON, JEAN 1,009.39 dd 07/30/04 SEEGER, GERALD 573.17 dd 07/30/04 GAYNOR, VIRGINIA 2,041.00 dd 07/30/04 MULHOLLAND, NANCY 784.00 dd 07/30/04 EKSTRAND, THOMAS 2,740.62 dd 07/30/04 KROLL, LISA 1,128.22 dd 07/30/04 LIVINGSTON, JOYCE 950.56 dd 07/30/04 LORSUNG, ROSE 803.00 dd 07/30/04 SINDT, ANDREA 1,554.04 dd 07/30/04 THOMPSON, DEBRA 632.82 dd 07/30/04 YOUNG, TAMELA 1,377.48 dd 07/30/04 FINWALL, SHANN 2,126.04 dd 07/30/04 ROBERTS, KENNETH 2,731.99 dd 07/30/04 CARVER, NICHOLAS 2,561.82 dd 07/30/04 FISHER, DAVID 3,022.43 dd 07/30/04 MENNENGA, JOHN 1,040.00 dd 07/30/04 RICE, MICHAEL 1,810.04 dd 07/30/04 SWAN, DAVID 1,898.04 dd 07/30/04 KONEWKO, DUWAYNE 2,548.44 dd 07/30/04 ANZALDI, MANDY 700.00 dd 07/30/04 BJORK, ALICIA 148.63 dd 07/30/04 BJORK, BRANDON 780.00 dd 07/30/04 FINN, GREGORY 2,011.89 dd 07/30/04 GOODRICH, CHAD 576.45 dd 07/30/04 GRAF, MICHAEL 1,728.26 10 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/30/04 HADDAD, JULIE 31.50 dd 07/30/04 KELLY, LISA 1,282.63 dd 07/30/04 NIEMCZYK, BRIAN 67.50 dd 07/30/04 OHLHAUSER, MEGHAN 800.00 dd 07/30/04 ROBBINS, AUDRA 1,872.13 dd 07/30/04 SHERRILL, CAITLIN 198.00 dd 07/30/04 TAUBMAN, DOUGLAS 2,639.27 dd 07/30/04 WERNER, KATIE 85.00 dd 07/30/04 ZIELINSKI, JOSEPH 79.50 dd 07/30/04 BREHEIM, ROGER 1,790.49 dd 07/30/04 NORDQUIST, RICHARD 1,787.05 dd 07/30/04 SCHULTZ, SCOTT 2,003.19 dd 07/30/04 COLLINS, ASHLEY 188.65 dd 07/30/04 CRAWFORD - JR, RAYMOND 562.30 dd 07/30/04 CROSSON, LINDA 2,338.51 dd 07/30/04 FONTAINE, ANTHONY 708.33 dd 07/30/04 MOY, PAMELA 406.67 dd 07/30/04 PELOQUIN, PENNYE 499.44 dd 07/30/04 SCHMIDT, RUSSELL 1,778.19 dd 07/30/04 STAPLES, PAULINE 2,720.85 dd 07/30/04 ABRAHAMSON, DANIEL 409.25 dd 07/30/04 ABRAHAMSON, REBECCA 190.88 dd 07/30/04 BRENEMAN, NEIL 599.14 dd 07/30/04 CORNER, AMY 22.40 dd 07/30/04 CRONIN, CHAD 331.09 dd 07/30/04 EDSON, JAMIE 91.13 dd 07/30/04 ERICKSON, CAROL 21.25 dd 07/30/04 GREDVIG, ANDERS 270.90 dd 07/30/04 GUZIK, JENNIFER 549.51 dd 07/30/04 HALEY, BROOKE 327.30 dd 07/30/04 HORWATH, RONALD 1,783.14 dd 07/30/04 IRISH, GRACE 115.50 dd 07/30/04 IRISH, KARL 665.89 dd 07/30/04 KOEHNEN, AMY 64.05 dd 07/30/04 KOEHNEN, MARY 610.21 dd 07/30/04 KRONHOLM, KATHRYN 875.63 dd 07/30/04 LAWSON, JOSHUA 63.00 dd 07/30/04 LINDSTROM, AMANDA 210.25 dd 07/30/04 OVERBY, ANNA 37.30 dd 07/30/04 SCHAEFER, ROB 334.30 dd 07/30/04 SCHULTZ, MATTHEW 22.75 dd 07/30/04 SCHULTZ, PETER 46.48 dd 07/30/04 SHAW, KRISTINA 101.75 dd 07/30/04 SMITH, ANN 99.00 dd 07/30/04 TUPY, HEIDE 82.45 dd 07/30/04 TUPY, MARCUS 228.47 dd 07/30/04 GROPPOLI, LINDA 319.50 dd 07/30/04 KURKOSKI, STEPHANIE 157.50 dd 07/30/04 BEHAN, JAMES 1,639.40 dd 07/30/04 LONETTI, JAMES 959.73 dd 07/30/04 MILES, LAURA 165.35 dd 07/30/04 PATTERSON, ALBERT 1,023.72 dd 07/30/04 PRINS, KELLY 915.33 dd 07/30/04 REILLY, MICHAEL 1,505.24 dd 07/30/04 STEINHORST, JEFFREY 56.96 dd 07/30/04 AICHELE, CRAIG 1,864.60 11 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 07/30/04 PRIEM, STEVEN 2,008.44 dd 07/30/04 BERGO, CHAD 2,071.54 dd 07/30/04 FOWLDS, MYCHAL 1,850.70 dd 07/30/04 HURLEY, STEPHEN 2,991.94 wf 98122 07/30/04 INGVOLDSTAD, CURTIS 143.75 wf 98123 07/30/04 JAHN, DAVID 1,630.20 wf 98124 07/30/04 MALDONADO, JUANA 701.45 wf 98125 07/30/04 MORIN, TROY 221.00 wf 98126 07/30/04 MATHEYS, ALANA 1,847.41 wf 98127 07/30/04 GENNOW, PAMELA 890.50 wf 98128 07/30/04 HANSEN, LORI 1,646.05 wf 98129 07/30/04 PALANK, MARY 1,748.61 wf 98130 07/30/04 RICHIE, CAROLE 1,775.47 wf 98131 07/30/04 SVENDSEN, JOANNE 1,750.13 wf 98132 07/30/04 SHORTREED, MICHAEL 2,779.44 wf 98133 07/30/04 STEINER, JOSEPH 279.00 wf 98134 07/30/04 WELCHLIN, CABOT 2,305.56 wf 98135 07/30/04 ESTREM, LYNNETTE 90.00 wf 98136 07/30/04 GERARD, JAMIE 192.00 wf 98137 07/30/04 BAUER, MICHELLE 1,512.44 wf 98138 07/30/04 FREBERG, RONALD 1,822.31 wf 98139 07/30/04 HAAG, ROBERT 500.00 wf 98140 07/30/04 STEWART, RYAN 800.00 wf 98141 07/30/04 GROVER, MICHAEL 1,196.83 wf 98142 07/30/04 JAROSCH, JONATHAN 994.50 wf 98143 07/30/04 JOHNSON, ROBERT 1,314.00 wf 98144 07/30/04 EDSON, DAVID 1,820.09 wf 98145 07/30/04 HELEY, ROLAND 1,822.31 wf 98146 07/30/04 HINNENKAMP, GARY 1,801.16 wf 98147 07/30/04 LINDORFF, DENNIS 1,790.50 wf 98148 07/30/04 NAUGHTON, RYAN 1,338.00 wf 98149 07/30/04 NOVAK, MICHAEL 1,718.04 wf 98150 07/30/04 BERGREN, KIRSTEN 45.00 wf 98151 07/30/04 GERNES, CAROLE 406.63 wf 98152 07/30/04 SOUTTER, CHRISTINE 332.50 wf 98153 07/30/04 ANZALDI, KALI 698.50 wf 98154 07/30/04 BALLESTRAZZE, THAD 840.00 wf 98155 07/30/04 BENSON, CARLA 480.00 wf 98156 07/30/04 DAMIANI, ROBERT 40.00 wf 98157 07/30/04 EGGIMANN, LINDSEY 432.00 wf 98158 07/30/04 GEBHARD, JILLIAN 920.00 wf 98159 07/30/04 GLASS, DANIEL 375.00 wf 98160 07/30/04 HAGSTROM, LINDSEY 187.00 wf 98161 07/30/04 HJELMGREN, NICOLE 81.00 wf 98162 07/30/04 KYRK, ASHLEY 195.00 wf 98163 07/30/04 OHLHAUSER, MOLLY 115.00 wf 98164 07/30/04 SIKORA, LEAH 30.00 wf 98165 07/30/04 UNGAR, KRISTOPHER 60.00 wf 98166 07/30/04 HAAG, MARK 1,734.55 wf 98167 07/30/04 NADEAU, EDWARD 2,722.50 wf 98168 07/30/04 BROWN, LAURIE 416.00 wf 98169 07/30/04 DISKERUD, HEATHER 183.00 wf 98170 07/30/04 GLASS, JEAN 1,677.66 wf 98171 07/30/04 SCHULZE, BRIAN 622.00 wf 98172 07/30/04 TOLBERT, FRANCINE 391.00 wf 98173 07/30/04 LINGER, MARGARET 431.92 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 98174 07/30/04 WEISMANN, JENNIFER 277.31 wf 98175 07/30/04 ANDERSON, CALEB 243.31 wf 98176 07/30/04 BACHMAN, NICOLE 262.20 wf 98177 07/30/04 BOTHWELL, KRISTIN 522.54 wf 98178 07/30/04 BRENEMAN, SEAN 532.01 wf 98179 07/30/04 BRIN, LAUREN 90.88 wf 98180 07/30/04 COSTA, JOSEPH 137.48 wf 98181 07/30/04 DEMPSEY, BETH 67.20 wf 98182 07/30/04 DUNN, RYAN 476.51 wf 98183 07/30/04 ESTRADA, KIEL 420.00 wf 98184 07/30/04 FONTAINE, KIM 653.51 wf 98185 07/30/04 GESKERMANN, MARK 52.00 wf 98186 07/30/04 GRANT, MELISSA 170.35 wf 98187 07/30/04 GRUENHAGEN, LINDA 524.72 wf 98188 07/30/04 HOLMGREN, LEAH 411.65 wf 98189 07/30/04 HOULE, DENISE 69.20 wf 98190 07/30/04 HUPPERT, ERIN 737.03 wf 98191 07/30/04 JOHNSON, MAGGIE 17.88 wf 98192 07/30/04 JOHNSON, STETSON 603.14 wf 98193 07/30/04 JOYER, MARTI 304.00 wf 98194 07/30/04 KERSCHNER, JOLENE 991.25 wf 98195 07/30/04 LAUMER, MELISSA 265.75 wf 98196 07/30/04 MCMAHON, MELISSA 601.09 wf 98197 07/30/04 MILLS, ANNE 345.60 wf 98198 07/30/04 OLSON, ABIGAIL 87.20 wf 98199 07/30/04 OLSON, MARGRET 99.23 wf 98200 07/30/04 PEHOSKI, JOEL 649.10 wf 98201 07/30/04 PETERSON, ANNA 13.00 wf 98202 07/30/04 PROESCH, ANDY 516.21 wf 98203 07/30/04 RODEN, JASON 109.15 wf 98204 07/30/04 ROSTRON, ROBERT 240.50 wf 98205 07/30/04 SCHOENECKER, SAMANTHA 279.50 wf 98206 07/30/04 SMITLEY, SHARON 230.00 wf 98207 07/30/04 STAHNKE, AMY 87.75 wf 98208 07/30/04 TRUE, ANDREW 47.60 wf 98209 07/30/04 WARNER, CAROLYN 138.00 wf 98210 07/30/04 WEDES, CARYL 134.70 wf 98211 07/30/04 WELTER, ELIZABETH 252.11 wf 98212 07/30/04 WHITE, NICOLE 521.31 wf 98213 07/30/04 WOODMAN, ALICE 144.90 wf 98214 07/30/04 BOSLEY, CAROL 216.75 wf 98215 07/30/04 FARLEY, JAMIE 185.00 wf 98216 07/30/04 HAGSTROM, EMILY 96.00 wf 98217 07/30/04 HANSEN, ANNA 165.75 wf 98218 07/30/04 KELLY, MICHAEL 63.00 wf 98219 07/30/04 ODDEN, JESSICA 113.75 wf 98220 07/30/04 OIE, REBECCA 89.38 wf 98221 07/30/04 QUINN, KELLY 114.00 wf 98222 07/30/04 VAN HALE, PAULA 159.10 wf 98223 07/30/04 DOUGLASS, TOM 1,108.66 wf 98224 07/30/04 HER, CHONG 198.20 wf 98225 07/30/04 NAGEL, BROOKE 192.54 wf 98226 07/30/04 NEWCOMB, GENNA 26.60 wf 98227 07/30/04 O'GRADY, VICTORIA 127.00 wf 98228 07/30/04 RHODE, ERIC 106.40 wf 98229 07/30/04 RYDEEN, ARIEL 332.50 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 98230 07/30/04 SIMPSON, KIMBERLYN 50.80 wf 98231 07/30/04 THEESFELD, CALEB 96.84 wf 98232 07/30/04 VANG, CIA 103.08 wf 98233 07/30/04 WAGNER, KEVIN 134.94 wf 98234 07/30/04 WILLIAMS, NICK 123.03 wf 98235 07/30/04 ZIEMER, NICOLE 188.40 wf 98236 07/30/04 MULVANEY, DENNIS 1,967.73 wf 98237 07/30/04 FRANZEN, NICHOLAS 495.00 438,304.20 14 AGENDA NO. G2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: August 3, 2004 RE: Temporary Beer & Wine License Introduction Father Ken Ludescher, representing St. Jerome's Catholic Church, has submitted an application for a temporary beer (3.2) license and temporary liquor (wine only) licenses. This is St. Jerome's annual fall festival and Booya and will be held on the school and church grounds located at 380 E. Roselawn Avenue and will be held on September 19, 2004. As required, a certificate of coverage for liquor liability insurance from Catholic Mutual with an endorsement protecting the City was required and received. Recommendation This is an annual event for St. Jerome's Church. It is requested that council approve the applications for temporary beer and temporary liquor (wine only) licenses. Agenda Item # G3 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Temporary Gambling Resolution DATE: August 3, 2004 Mary Kaase, on behalf of Hill Murray School, 2625 Larpenteur Avenue East, has applied for a temporary gambling license to be used on October 1, 2003, to conduct a raffle for fund raising for the school In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Hill Murray School, 2625 Larpenteur Avenue East, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Agenda G4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: August 3, 2004 RE: Request for Special Use Permit Introduction Brad Camitsch from the Ramsey County Sheriff s Department has applied for a special use permit to hold their annual "Fright Farm" Halloween event at the Ramsey County Extension Services Barn. The annual event will be held October 8-10, 15-17, 22-24 and 30-31st, from 7:00 p.m. to 10:00 p.m. Recommendation It is recommended that the permit be approved. Agenda Item G5 Memo To: Richard Fursman From: Steve Hurley Date: August 4, 2004 Re: Council Laptop Purchase The city is purchasing 5 laptop computers and Internet service for use by the mayor and Council members. Laptops will allow Council to be mobile and use them at City Hall during Council meetings and at home for viewing the digital agenda packet. Internet service will be provided as a way for Council to access email and view the city web page from their homes. Staff is recommending the Council authorize the Finance Director to move $7,500 to 101-101-000- 4165 for the laptops and $1,000 to 101-101-000-4480 for Internet service from general fund contingency. AGENDA ITEM G-6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Chuck Ahl, Public Works Director/City Engineer Ed Nadeau, Utility/Fleet Superintendent SUBJECT: Infiltration/Inflow Reduction Program (Sanitary Sewer Program), Project 04-22 Approve Contract with SEH, Inc. for Investigation of Sump Pumps DATE: July 27, 2004 Introduction The 2004 Public Works budget includes funds for reduction of excess water in the sanitary sewer system through a sump pump investigation program. Approval to proceed with a proposal from SEH Engineers is recommended. Background A budget of $100,000 was approved as part of the Sanitary Sewer program budget. Reduction of clear water flows, called infiltration and inflow, into the sanitary sewer system allows for lesser treatment charges by reducing the size of piping and treatment plants. This is planned as a 4-5 year program that should result in immediate savings as flows into the system are reduced and charges from the Metropolitan Council Environmental Services (MCES) are subsequently reduced. The attached proposal from SEH is for $97,285.00 and includes the necessary scope of work to investigate the likely number one problem with clear water into the sanitary sewer system--sump pumps incorrectly connected to the sewer system. Recommendation It is recommended that the city council approve the proposal from SEH Engineers for the Sump Pump Investigation Project and authorize the Director of Public Works to proceed with the project. Attachment: Sump Pump Inspection Program Proposal from SEH ~~ SEH July 1, 2004 RE: City of Maplewood Sump Pump Inspection Program Supplemental Letter Agreement No. 18 SEH No. A-MAPLE0403.00 Mr. Ed Nadeau City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Nadeau: This Supplemental Letter Agreement No. 18 is an extension of and in accordance with our standard Agreement for Professional Engineering Services between City of Maplewood, Owner, and SEH dated (in process of approval), and addresses providing services in connection with the Sump Pump Inspection Program (hereinafter called the "Project"). The scope of said services is detailed in the attached Exhibit A-1. Scope of Services The major project tasks for this scope of services are identified below. A more detailed description of services, assumptions and estimated costs associated with these tasks is provided in Exhibits A-1 and C-1.A,respectively. I. Review Utility Ordinance II. Develop Informational Material III. Attend Council Meetings IV. Meet with Contractors V. Hold Public Meetings VI. Sump Pump Inspections VII. Data Collection VIII. Report Preparation IX. Animation Project Schedule Sfy-r The anticipated schedule anticipates completion of the Utility Ordinance review by the middle of 2004, the development of informational material, attendance at the Council Meetings, meeting with the contractors and holding the public meetings by - 15, 2004. This schedule would allow for the inspections to begin in ]fir 2004. AbVpr~4~. ~ f, Assumptions Tt is assumed that 2500 properties wiII be inspected each year. This current agreement is for the first year of the program. Each year the scope of services will be reviewed to determine what it should be. It is also assumed that the City of Maplewood will provide names, addresses and phone numbers for each property to be inspected in an electronic format. Short Elliott Hendrickson Inc., 3535Vadnais Cen-er Drive, St °au'~~, Mh' SSIiG-51% ~~n is zn equa~ opoorwniq employer www.sehin c.com n51.49v. ~~~O i, SuG. 3i~.2E~5 o~i_y>0 :SSG rzx City of Maplewood, Minnesota Supplemental Letter Agreement No. 18 July 1.2004 Page 2 Compensation Compensation for all tasks shall be on an hourly basis, based on the actual hours worked for SEH personnel assigned to the project, plus reimbursable expenses. The estimated fee for the scope of services for all tasks is estimated to be $97,285.00. The total estimated fee will not be exceeded without authorization from the City. Summary This supplemental Letter Agreement shall be the basis of work by SEH on the project described in this letter. If you are in agreement with the terms, please execute this Supplemental Letter Agreement with proper signatures and return one copy to our off ces. We look forward to continuing our work with the City of Maplewood. Respectfully submitted, SHORT EL~LIOT~T HENDRICKSON INC. ~~''~~-f/ 1 - r Mar L. Lobermeier, PE Clie t Service Manager c: Steve Heth, PE, Project Manager Alva Rankin, I/I Specialist x:~ko~[,ap]e1p4p300`~n~~slsuppl Iv agree.doc Accepted by: City of Maplewood By: Date: Authorized Client Signature Maplewood, Minnesota Sump Pump Inspection Program SEH File No. A-MAPLE0403.00 July 1, 2004 Exhibit A-1 Project Scope -Supplemental Agreement No. 18 Scope of Services Our scope of services for each of the major project tasks is described below. A task-hour summary is provided in Exhibit C-1.A. Task I. Review Utilities Ordinance SEH will review the current utilities ordinance and make recommendations for any necessary changes that will be needed in support of the sump pump inspection program. SEH will present these changes to the City Council for their review and approval. Deliverables 1. SEH will recommend ordinance changes as required. Responsibilities of Others 1. City shall receive a legal review of all recommended changes. Task II. Develop Informational Material SEH will assist the City in the development of informational literature for distribution to all property owners served by the City's sanitary sewer system. This information will explain the program and be a precursor to the public meetings. Deliverables 1. Camera-ready artwork for flyers for insertion with the utility bills. 2. Camera-ready artwork for leaflets that explains proper sump pump installation. Responsibilities of Others 1. City shall obtain all printing services. 2. City shall be responsible for all mailings. Task III. Council Meeting SEH will make two presentations to the City Council. The first presentation will emphasize the importance of public education and involvement. During the presentation, SEH will speak to the importance of "staying the course" until all inspections and I/I remediation work have been completed. At this first presentation, the Council will have the opportunity to comment on the theme and the graphics for the program. The Council can provide input for any changes deemed necessary at this time. The second presentation will be for final approval of the Core Plan and its theme and graphics. Deliverables 1. SEH shall make two presentations to the Council detailing the inspection program. Task IV. Meet with Contractors The success of the UI remediation will depend upon the ability of contractors to perform the work. SEH will conduct a meeting with the contractors to describe the program, to educate them on compliance requirements, and to determine on what type of schedule the work can be performed. In addition, SEH staff will train contractors and plumbing suppliers who may be called upon to answer questions from property owners in order to assure all questions are answered uniformly. Deliverables I. SEH shall lead a meeting to provide information and education to contractors that will be doing sump pump installation work. Res onsibilities of Others 1. The City will need to contact the contractors and set up the meeting. Task V. Public Meetings SEH will conduct six informational meetings for the general public to distribute educational packets, discuss the details of the private property UI program, and answer questions regarding the project. It is anticipated that there will be two meetings each for the Hmong community, senior citizens, and the general public. SEH plans on conducting a similar set of meetings each year of the program prior to the initiation of sump pump inspections. The sump pump investigators will attend to meet the public. Council members should attend and show their support for the program. A sign-in list will be kept so that the City can track who is getting the message. Deliverables 1. SEH will conduct informational meetings and plans on using a translator at the Hmong community meetings. Responsibilities of Others 1. City is to provide a facility for the informational meetings. Task VI. Sump Pump Inspectlons SEH will develop, with the assistance of the City, forms for use in the sump pump investigation. SEH will contact property owners and set up appointments ahead of time, SEH shall provide investigators for determining if sump pumps are installed properly. Deliverables 1. SEH will provide individuals to determine the status of sump pump installations within the City of Maplewood. Responsibilities of Others 1. City shall provide SEH a listing of property owners, addresses, and phone numbers prior to the public meetings. 2. City shall obtain all printing services. Task VII. Data Collection SEH shall assist the City in the creation of a database that will contain the status of all inspected properties. SEH shall provide the investigation forms to the City in a timely manner for database input. The City shall maintain the database. I7e1 i verahl ec 1. SEH will provide a database template for the City to use. 2. SEH shall deliver investigation forms for database input to the City in a timely manner. Responsibilities of Others 1. City shall maintain the database. Task VII. Report Preparation SEH shall enumerate the status of all properties inspected. Deliverables 1. SEH will provide the City with a report summarizing its findings. Task VIII. Optional Additional Tasks SEH shall create an UI animation for use by the City. Deliverables L SEH will provide 3 copies of an Ul animation in electronic format. E a W E U7 ~ O d OI ~ C Q O O (O T .~ ~ n fA d O C Q Q. 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N C) V H d ~ ~ Ol V - C ~ .- R C -gyp ~ C V o Q G O ~ C' p O ~ U d d r a m m c a w AGENDA ITEM G-7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chuck Vermeersch, Civil Engineer I SUBJECT: Hazelwood/County Road C Area Street Improvements, City Project 03-18 Resolution Approving Revised Project Financing Plan DATE: August 2, 2004 Introduction Hazelwood/County Road C Area Street Improvements is a council approved neighborhood reconstruction project, which is currently under construction. The attached location map shows the project area. The council will consider approving a resolution revising the previously approved project-financing plan. Background On November 10, 2003, the council held a public hearing on the project feasibility report. At that meeting the council passed a resolution ordering the improvement and directing the finance director to implement the financing plan for the project as set forth in the feasibility study. The details of that plan, based on an estimated total project cost of $2,898,200, are as follows: Street assessments: $ 734,200 (25 %) Storm assessments: $57,800 (2%) Sanitary Sewer Utility Fund: $174,000 (6 %) Environmental Utility Fund: $665,800 (23%) SPRWS Obligation: $164,400 (6%) City debt service: $ 1,102,000 3( 8%) Total $2,898,200 (100%) These costs included a 5% allowance for construction cost contingencies and a 28% allowance for indirect costs. On April 19, 2004, the council awarded the project to the low bidder, T.A. Schifsky and Sons, Inc., whose bid of $1,540,072.23 was 13% less than the engineer's estimate of $1,760,886.50. Staff has formulated a revised project-financing plan based on the bid prices and projected construction costs. The details of this proposed revision are as follows: Street assessments: $ 740,664 (33 %) Storm assessments: $44,475 (2%) Sanitary Sewer Utility Fund: $174,000 (8 %) Environmental Utility Fund: $225,000 (10%) SPRWS Obligation: $30,924 (1 %) City debt service: $ 1,018,954 4( 6%) Total $2,234,017 (100%) Discussion/Budget Impact Based on bid prices for construction, total project costs are projected to be significantly less than assumed in the feasibility report, and the projected city debt service amount is less than what was established in the original project-financing plan. Consequently, no adverse budget impacts are anticipated in adopting this revised project-financing plan. Recommendation It is recommended that the city council approve the attached resolution approving the revised project-financing plan for Hazelwood/County Road C Area Street Improvements, City Project 03-18. Attachments: Resolution Location Map RESOLUTION REVISING PROJECT FINANCING PLAN FOR HAZELWOOD/COUNTY ROAD C STREET IMPROVEMENTS, CITY PROJECT 03-18 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of Hazelwood/County Road C Area Street Improvements, and authorized the finance director implement a financing plan for the project, and WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of Hazelwood/County Road C Area Street Improvements, and City Project 03-18, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, based on the bid prices in that contract, it is now expedient that the financing plan for the project be revised to reflect the projected construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the finance director is hereby directed to revise the financing plan for the Hazelwood/County Road C Street Improvements project as follows: Street assessments: $ 740,664 (33 %) Storm assessments: $44,475 (2%) Sanitary Sewer Utility Fund: $174,000 (8 %) Environmental Utility Fund: $225,000 (10%) SPRWS Obligation: $30,924 (1 %) City debt service: $ 1,018,954 4( 6%) Total $2,234,017 (100%) ;rx .~ ~. - r... .. ~ AGENDA ITEM G-8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Directory/City Engineer Bill Priefer, Public Works Administrative Assistant SUBJECT: Authorize New Position and Funding for Part-Time Clerk-Typist in Public Works DATE: August 3, 2004 Introduction It is proposed that the Public Works Department add a regular part-time clerical position. Background A tremendous level of work has been added to our engineering program in the past three years without increasing our clerical staff. The number of information mailings, major typing projects, hearing and assessment notices, agenda reports and filing requirements have increased nearly three-fold in the past year which has strained our secretary and our part-time clerk typist. The addition of this position is proposed to be funded 50% from the engineering budget, with the corresponding increase in revenue, as the position can be chargeable to public improvement projects. The 50% allocation for this part-time position is estimated at $10,800 and results in approximately $15,000 in increased revenue to the general fund. The remaining portion of the position is proposed to be allocated to the sanitary sewer program (25%) and the environmental utility fund (25%) to assist with the billing and permitting in these programs. Three areas in particular illustrate how the workload has increased so dramatically: AGENDA REPORTS: The number of reports increased from 128 in 2002 to 174 in 2003 (36% increase). The 2004 estimate of 140 is down 20%, but the 2004 trend through June 2004 indicates a projected 2004 actual of 168 reports. We are estimating 185 agenda reports for 2005. INFORMATIONAL MAILINGS: If any item has increased the clerical workload over the past two years, it's this item. The number of mailings per year can be deceiving since no two mailings are alike in terms of number of sheets per envelope and the number of residents per mailing. For example, through mid-June 2004, we've done 26 mailings to a total of 2,690 residents for an average of 103 residents per mailing. The number of mailings is directly related to the level of construction activity and the need to keep residents informed through the course of a project. CONSTRUCTION ACTIVITY: Active projects in 2002 were 33 and increased to 42 in 2003 or a 27% increase. It is estimated that 2004 and 2005 will remain steady at 45 and 42 respectively. Again, clerical support requirements are directly related to the volume of construction. Dollar volume for improvement project went from $8.5 million in 2002 to $14.7 million in 2004. It is estimated that the volume in 2005 will be $7.4 million, but the number of projects will still remain higher than historical averages. New Clerk-Typist Position Page 2 August 3, 2004 Recommendation It is recommended that council authorize the hiring of one regular part-time clerk-typist in the public works department, and to authorize the finance director to make the appropriate budget adjustments. Agenda #G10 MEMORANDUM TO: Richard Fursman, City Manager FROM: DuWayne Konewko, Environmental Management Specialist SUBJ: Fall Clean-Up Event Date DATE: July 22, 2004 The 2004 fall clean-up event has been scheduled for October 16, at Gethsemane Lutheran Church at 2410 Stillwater Ave. from 8 a.m. to 12 p.m. I am recommending that we continue collecting the same fees that were used at the 2004 spring and 2003 fall clean-up events. The City is targeting collecting 30 to 40% of disposal costs (a 60 to 70% subsidy rate) with these fees. Staff will evaluate the results of the fall clean-up event and present findings to the City Council. Agenda #G11 MEMORANDUM TO: Richard Fursman, City Manager FROM: DuWayne Konewko, Environmental Management Specialist SUBJ: Waterfest 2004 wrap-up DATE: July 20, 2004 INTRODUCTION The Ramsey-Washington Metro Watershed District (RVVIVIWD) held their annual Waterfest on Saturday, May 22, at the Lake Phalen Park Pavilion from 10:00 a.m. to 3:00 p.m. The City contributed seven hundred and fifty dollars ($750) to assist in sponsoring this event. City staff also contributed in-kind services to the event. BACKGROUND The City of Maplewood has helped to sponsor this event in previous years. The City has a good working relationship with RWMWD and partnering with them on this type of an event allows us to combine our resources and deliver a stronger educational message to a much larger audience. Waterfest featured the following activities and exhibiters: student exhibits of artistic, scientific and service projects; watershed and ecosystem exhibits and games; clowns, jugglers, face painting, and skits; environmental computer games and indoor science projects; stream monitoring; fishing lessons; and voyageur canoe rides, rain gardens, and composting. DISCUSSION Although the weather was less than optimal (rainy and cold) a total of seven hundred visitors participated in Waterfest activities. Due to the poor weather, most of the activities were conducted in the Lake Phalen Park Pavilion. Waterfest provided visitors with a unique opportunity to increase awareness on issues surrounding the protection of our natural resources. Waterfest also presented the City with a unique venue to work towards the fizlfilhllent of our goals and outcomes concerning the Storm Water Management Program. Almost all of the feedback I received was very positive and the visitors seemed to be enjoying themselves despite the weather. One of the major goals of Waterfest is to help citizens make the connection between activities in our backyards and neighborhoods and the health of local lakes, streams, and wetlands. I believe Waterfest was successful in providing hands-on activities that demonstrated this connection and how important it is to keep your own "home" in order. Discussions are currently under way to examine the results of the participant surveys to determine what changes (if any) are needed to make Waterfest 2005 a bigger success. Waterfest 2005 will be held on May 21, at the same location. AGENDA ITEM G-12 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Bill Priefer, Public Works Administrative Assistant SUBJECT: Traffic Signal Maintenance Agreements DATE: August 3, 2004 Introduction Attached for council consideration are three standard traffic signal maintenance agreements with Ramsey County for the intersections of Rice Street (TH 49) at County Road B, at Roselawn Avenue and at Larpenteur Avenue. Background Several years ago the Minnesota Department of Transportation (Mn/DOT) turned back to Ramsey County the segment of Rice Street (Th 49) from I-694 to University Avenue. As a result of the turnback, Ramsey County acquired the operation and maintenance responsibilities for the traffic control signals. The turnback and subsequent jurisdictional changes require that new agreements be executed for the referenced intersections. Agreement PW 2003-24 is for the intersection of Rice Street at County Road B and includes Ramsey County and the cities of Little Canada, Roseville and Maplewood. Agreement PW 2003-26 is for the intersection of Rice Street at Roselawn Avenue and includes Ramsey County and the cities of Roseville and Maplewood. Agreement PW 2003-27 is for Rice Street at Larpenteur Avenue and includes Ramsey County and the cities of Maplewood and Roseville. Recommendation It is recommended that council approve Agreements PW2003-24, PW2003-26 and PW2003-27 and authorize execution of same. Attachments: Agreements PW2003-24, -26 and -27 AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM AGREEMENT NO. PW 2003-24 THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the "County," and the City of Roseville herein after referred to as "Roseville" and the City of Little Canada herein after referred to as "Little Canada" and the City of Maplewood herein after referred to as "Maplewood", for the maintenance of a traffic control signal system with street lights, signs, interconnect and emergency vehicle pre-emption at the intersection of Rice Street (CSAH 49) and County Road B (CSAH 25); W ITNES SETH: WHEREAS, the Minnesota Department of Transportation has turned back TH 49 (Rice Street) to Ramsey County between TH 694 North ramps -CSAH 16 (Vadnais Boulevard) and CSAH 34 (University Avenue); and WHEREAS, Rice Street between TH 694 and University Avenue is now designated as County State Aid Highway 49; and WHEREAS, the turn back requires new maintenance and operation agreements for the traffic signals at several intersections: and WHEREAS, the County and Cities will participate in the maintenance and operation of said traffic control signals with street lights, signs, interconnect and EVP system as hereinafter set forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Upon execution and approval by the County, the City of Roseville, the City of Maplewood and the City of Little Canada the agreement shall supercede and terminate Agreement No. 691.07 dated June 9, 1992 between Ramsey County, the City of Roseville, the City of Little Canada, the City of Maplewood, the City of Saint Paul and the Minnesota Department of Transportation. 2. Necessary electrical power for the operation of the signal system shall be at the cost and expense of the County. 3. In accordance with the Policy for Lighting County Roadways, County Board Resolution 78- 1394, the County shall maintain and pay energy costs of the integral street light in each corner. 4. The County shall maintain and keep in repair all signs associated with the traffic signal at its cost and expense. 5. The County shall maintain and keep in repair the interconnect and overhead mast arm mounted signs at its cost and expense. AgrPW2003-24 Page 1 of 5 6. The County shall maintain and keep in repair the traffic control signal including relamping, cleaning and painting at its cost and expense. 7. The County shall maintain and keep in repair the geometries on County owned roadways at its cost and expense. 8. The EVP system shall be operated, maintained, revised or removed in accordance with the following conditions and requirements: a) All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the respective party (Roseville or Little Canada or Maplewood). b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c) The Cities shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d) All maintenance of the EVP System shall be performed by the County. Roseville, Maplewood and Little Canada shall be responsible for actual cost thereof. The County shall submit an invoice to Roseville annually, listing all labor, equipment, materials and overhead used to maintain the EVP System and Roseville shall invoice Little Canada for 25 percent of the cost and Maplewood for 25 percent of the cost. Labor cost and overhead and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. Roseville shall promptly pay the County the full amount due, and Little Canada shall promptly pay Roseville its 25 percent share of said amount due and Maplewood shall promptly pay Roseville its 25 percent share of said amount due. e) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the appropriate party. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to the appropriate party. f) A11 timing of said EVP System shall be determined by the County, through its Traffic Engineer. AgrPW2003-24 Page 2 of 5 g) Except for the negligent acts of the County, its agents and employees engaged in the maintenance work, Roseville, Maplewood and Little Canada shall assume all liability for, and save the County, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the continuing uses by the Cities, and including but not limited to the operations, use and existence of the equipment for the EVP System. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law. 9. All timing and related adjustments of the traffic control signals shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 10. Any and alI persons engaged in the maintenance work to be performed by the County shall not be considered employees of Roseville or Maplewood or Little Canada, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of Roseville or Maplewood or Little Canada. 11. Roseville, Maplewood and Little Canada, individually, and the County agree to defend, indemnify and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of the appropriate City or County to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which the Cities or the County perform or fail to perform duties imposed on the Cities or the County by the terms of this agreement. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law. AgrPW2003-24 Page 3 of 5 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. In presence of In presence of In presence of CITY OF ROSEVILLE, MINNESOTA By: Its: By: Its: Date: CITY OF MAPLEWOOD, MINNESOTA B y: Its: B y: Its: Date: CITY OF LITTLE CANADA, MINNESOTA B y: Its: By: Its: Date: AgrPW2003-24 Page 4 of 5 Recommended for approval: COUNTY OF RA,MSEY By: Kenneth G. Haider, P.E. Chairperson Public Works Director & Board of County Commissioners Ramsey County Engineer Approved as to Form: Attest: By: Assistant County Attorney Chief Clerk-County Board Date: Date: AgrPW2003-24 Page 5 of 5 AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM AGREEMENT NO. PW 2003-26 THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the "County," and the City of Roseville herein after referred to as "Roseville" and the City of Maplewood herein after referred to as "Maplewood", for the maintenance of a traffic control signal system with street lights, signs, interconnect and emergency vehicle pre-emption at the intersection of Rice Street (CSAH 49) and Roselawn Avenue; WITNESSETH: WHEREAS, the Minnesota Department of Transportation has tamed back TH 49 (Rice Street) to Ramsey County between TH 694 North ramps -CSAH 16 (Vadnais Boulevard) and CSAH 34 (University Avenue); and WHEREAS, Rice Street between TH 694 and University Avenue is now designated as County State Aid Highway 49; and WHEREAS, the turn back requires new maintenance and operation agreements for the traffic signals at several intersections: and WHEREAS, the County and Cities will participate in the maintenance and operation of said traffic control signals with street lights, signs, interconnect and EVP system as hereinafter set forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Upon execution and approval by the County, the City of Little Canada and the City of Roseville this agreement shall supercede and terminate Agreement No. 69107 dated June 9, 1992 between the County, the City of Roseville, the City of Little Canada, the City of Maplewood, the City of Saint Paul and the Minnesota Department of Transportation. 2. Necessary electrical power for the operation of the signal system shall be at the cost and expense of the Cities. Roseville shall receive the monthly electric bill and invoice Maplewood 50 percent of the cost. 3. In accordance with the Policy for Lighting County Roadways, County Board Resolution 78- 1394, Roseville shall maintain and pay energy cost of the integral street light in the southwest corner and Maplewood shall maintain and pay energy costs of the integral street light in the northeast corner of the intersection 4. The County shall maintain and keep in repair all signs associated with the traffic signal at its cost and expense. AgrPW2003-26 Page 1 of 4 5. The County shall maintain and keep in repair the interconnect and overhead mast arm mounted signs at its cost and expense. 6. The County shall maintain and keep in repair the traffic control signal including relamping and cleaning and painting at its cost and expense. 7. The County shall maintain and keep in repair the geometries on County owned roadways at its cost and expense and Roseville and Maplewood shall maintain and keep in repair the geometries on City owned roadways at its cost and expense. 8. The EVP system shall be operated, maintained, revised or removed in accordance with the following conditions and requirements: a) All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the respective party (Roseville or Maplewood). b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c) The Cities shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d) All maintenance of the EVP System shall be performed by the County. Roseville and Maplewood shall be responsible for actual cost thereof. The County shall submit an invoice to the Roseville annually, listing all labor, equipment, materials and overhead used to maintain the EVP System and Roseville shall invoice Maplewood for 50 percent of the cost. Labor cost and overhead and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. Roseville shall promptly pay the County the full amount due, and Maplewood steal l promptly pay Roseville its 50 percent share of said amount due. e) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the appropriate party. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to the appropriate party. f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer. AgrPW2003-26 Page 2 of 4 g) Except for the negligent acts of the County, its agents and employees engaged in the maintenance work, the Roseville and Maplewood shall assume all liability for, and save the County, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the continuing uses by the Cities, and including but not limited to the operations, use and existence of the equipment for the EVP System. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law. 9. All timing and related adjustments of the traffic control signals shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 10. Any and all persons engaged in the maintenance work to be performed by the County shall not be considered employees of Roseville or Maplewood, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of Roseville or Maplewood. 11. Roseville and Maplewood, individually, and the County agree to defend, indemnify and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of the appropriate City or County to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which the Cities or the County perform or fail to perform duties imposed on the Cities or the County by the terms of this agreement. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law. AgrPW2003-26 Page 3 of 4 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. CITY OF ROSEVILLE, MINNESOTA In presence of By: Its: By: Its: Date: CITY OF MAPLEWOOD, MINNESOTA In presence of By: Its: By: Its: Date: COUNTY OF RAMSEY Recommended for approval: By: Kenneth G. Haider, P.E. Chairperson Public Works Director & Board of County Commissioners Ramsey County Engineer Approved as to Form: Attest: B y: Assistant County Attorney Chief Clerk-County Board Date: Date: AgrPW2003-26 Page 4 of 4 AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM AGREEMENT NO. PW 2003-27 THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of Public Works, hereinafter referred to as the "County," and the City of Roseville herein after referred to as "Roseville" and the City of Maplewood herein after referred to as "Maplewood", for the maintenance of a traffic control signal system with sheet lights, signs, interconnect and emergency vehicle pre-emption at the intersection of Rice Street (CSAH 49) and Larpenteur Avenue (CSAH 30}; WTTNESSETH: WHEREAS, the Minnesota Department of Transportation has turned back TH 49 (Rice Street) to Ramsey County between TH 694 North ramps -CSAH 16 (Vadnais Boulevard) and CSAH 34 (University Avenue); and WHEREAS, Rice Street between TH 694 and University Avenue is now designated as County State Aid Highway 49; and WHEREAS, the tum back requires new maintenance and operation agreements for the traffic signals at several intersections: and WHEREAS, the County and Cities will participate in the maintenance and operation of said traffic control signals with street lights, signs, interconnect and EVP system as hereinafter set forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Upon execution and approval by the County, the City of Little Canada and the City of Roseville this agreement shall supersede and terminate Agreement No. 69107 dated June 9, 1992 between the County, the City of Roseville, the City of Little Canada, the City of Maplewood, the City of Saint Paul and the Minnesota Department of Transportation. 2. Necessary electrical power for the operation of the signal system shall be at the cost and expense of the County. 3. In accordance with the Policy far Lighting County Roadways, County Board Resolution 78- 1394, the County shall maintain and pay energy cost of the integral street light in each corner. 4. The County shall maintain and keep in repair all signs associated with the traffic signal at its cost and expense. 5. The County shall maintain and keep in repair the interconnect and overhead mast arm mounted signs at its cost and expense. AgrPW2003-27 Page 1 of 4 6. The County shall maintain and keep in repair the traffic control signal including reiamping and cleaning and painting at its cost and expense. 7. The County shall maintain and keep in repair the geometries on County owned roadways at its cost and expense. 8. The EVP system shall be operated, maintained, revised or removed in accordance with the following conditions and requirements: a) All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the respective party (Roseville and Maplewood). b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c) The Cities shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d) All maintenance of the EVP System shall be performed by the County. Roseville and Maplewood shall be responsible for actual cost thereof. The County shall submit an invoice to the Roseville annually, listing all labor, equipment, materials and overhead used to maintain the EVP System and Roseville shall invoice Maplewood for 50 percent of the cost. Labor cost and overhead and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs wilt be invoiced at the actual cost thereof to the County. Roseville shall promptly pay the County the full amount due, and Maplewood shall promptly pay Roseville its 50 percent share of said amount due. e) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the appropriate party. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to the appropriate party. f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer. g) Except for the negligent acts of the County, its agents and employees engaged in the maintenance work, Roseville and Maplewood shall assume all liability for, and save the County, its agents and employees, harmless from any and all claims for damages, actions or AgrPW2003-27 Page 2 of 4 causes of action arising out of the continuing uses by the Cities, and including but not limited to the operations, use and existence of the equipment for the EVP System. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law, 9. All timing and related adjustments of the traffic control signals shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 10. Any and all persons engaged in the maintenance work to be performed by the County shall not be considered employees of Roseville or Maplewood, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent actor omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of Roseville or Maplewood. ll. Roseville and Maplewood, individually, and the County agree to defend, indemnify and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of the appropriate City or County to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which the Cities or the County perform or fail to perform duties imposed on the Cities or the County by the terms of this agreement Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law. AgrPW20C3-27 Page 3 of 4 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. CITY OF ROSEVILLE, MINNESOTA In presence of By: Its: By: Its: Date: CITY OF MAPLEWOOD, MINNESOTA In presence of By: Its: By: Its: Date: COUNTY OF RAMSEY Recommended for approval: B y: Kenneth G. Haider, P.E. Chairperson Public Works Director & Board of County Commissioners Ramsey County Engineer Approved as to Form: Attest: By: Assistant County Attorney Chief Clerk-County Board Date: Date: AgrPW2003-27 Page 4 ~r a Agenda #H1 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit -Commercial Storage LOCATION: 65 Larpenteur Avenue East DATE: July 20, 2004 INTRODUCTION Equipment Parking and Mr. David Conover is requesting that the city approve a conditional use permit (CUP) for the property at 65 Larpenteur Avenue East. (See maps on pages 7 through 9.} This request is to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. His sons live at this property and want to keep the commercial equipment there as part of their business. (See statement on page 6.) The city code requires city council approval of a conditional use permit to keep a heavy commercial vehicle (more than 1 ton) on a residential property. DISCUSSION The city regulates the keeping of commercial vehicles in residential areas to help insure that residential properties stay residential in use and in character. Keeping dump trucks and other commercial equipment in a residential area could create a disturbance or could change the character of the neighborhood. In this case, however, most of the neighbors support Mr. Conover's request to keep the trucks at this house. In fact, while the trucks have been at this house, staff is not aware of any problem or significant disturbance that they have caused. As long as the owners continue to keep and operate the trucks and equipment in a respectful and peaceful manner, they should not cause any problems. To help insure that the vehicles do not cause a problem, city staff is proposing several conditions of approval, including a review of the CUP in one year. OTHER COMMENTS Lieutenant Kevin Rabbett of the Maplewood Police Department reviewed this proposal and noted that he did not find any public safety concerns. He added that "he anticipates numerous noise complaints regarding the trucks and bobcat being started early in the morning. The letter indicates that the workday USUALLY starts at 7 am. if the CUP is approved, I would suggest that the trucks and equipment could NEVER be started until 7 am and never idled more than 30 minutes. These conditions would be compatible with existing city ordinances.' COMMISSION ACTION On July 19, 2004, the planning commission recommended approval of the proposed conditional use permit. RECOMMENDATION Approve the resolution starting on page 12. This resolution approves a conditional use permit for Mr. David Conover to store or park up to three heavy commercial vehicles (two trucks and loader) on the property at 65 Larpenteur Avenue East. This permit shall be subject to the following conditions: 1. The owner or operator of the trucks and equipment doing the following: a. Residing on the property. b. Parking the trucks and equipment in an enclosed structure or on a hard surface driveway or parking pad that meets the applicable city code requirements. The parking location for the vehicles shall be as close to the existing driveway and the house as possible. c. Not parking the trucks or commercial equipment on a public street. 2. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than finro periods, lasting thirty (30) minutes each, in one twenty-four (24) hour period. There shall not be any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m. 3. There shall be no dumping or storage of construction or building materials or supplies on the property. 4. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. 5. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. 6. The city council shall review this permit in one year. 7. This permit shaA end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. 2 CITIZENS' COMMENTS I surveyed the owners of the 72 properties within 500 feet of this site. Of the 16 replies, 11 were for the proposal, four were against and one had comments about the proposal. For 1. Give them the permit. Their trucks are not a problem in any way. They park way back in the comer by the woods and we do not even notice them. (Mattison - 49 Larpenteur Avenue) 2. Fine by me. Let the new businessperson have the permits he needs. Good luck. (Duellman -1718 Gumey Street) 3. I do not object to this request. The Conover's are good neighbors and the trees will hide the vehicles from Larpenteur Avenue. The permit should limit the request to the three mentioned vehicles. (Muscatello -1736 Gumey Street) 4. They are great neighbors - we have no issues with their plans. (Swanson -1683 Abel Street) 5. Knowing the Conover family for 30 plus years, I feel that they would do the proper thing in using the property at 65 Larpenteur Avenue, which he said is for 2 trucks and a bobcat. The best of luck to his son's business. (Harwell -1726 Abel Street) 6. I see no problem in having these people park their trucks at this location, after all, they have to try and the expenses, overhead when starting this business which is respectable, we hope. (Bartolerio -1677 Abel Street, Saint Paul) 7. We have no objections to this request. (Tostenson -1670 Abel Street, St. Paul) 8. I have no problem with the Conover's requesting to park or store their equipment on their property! (Ross - 1645 Abel Street, Saint Paul) 9. We have no complaints as long as they keep the noise down and do not tie up traffic on Larpenteur Avenue. (Mickus -1672 Wanda Street, Saint Paul) 10. I do not see any problem with the owner allowing his sons to park their trucks on the property. There are no houses directly by him - it is vacant land and woods. My opinion is No problem. (Coddon -1652 Wanda Street, Saint Paul) 11. We agree that there should not be any problem as the house is far enough from the street and away from other houses. There should be no problem with the noise as half the cars around here are a lot louder and the noise from their radios is a lot worse. So, we see no problem in letting them park their two trucks and equipment. (Patraw -1675 Jackson Street, Saint Paul) Objections 1. I am against this permit because once you start this you will be getting a lot more requests. Let's keep Maplewood residential. A lot of people drive more than 20 miles for work. I personally think it is a bad idea. (Peiffer -1704 Gurney Street) 2. I am against this proposal because of the noise and the potential for fumes from the trucks. (Svendsen - 511 Summer Court (owner of a property on Gumey St.)) 3. Zoning has its functions. The land is zoned residential for the benefit of the entire neighborhood. The breakdown of zoning limitations would harm more than the immediate neighbors. I oppose commercial vehicles on residential property. (Stange - 655 Evergreen Circle -Saint Paul) 4. Thank you for the survey. My opinion regarding this decision is no. The reason is that citizens or neighbors are investing their life savings into their homes with the hope of appreciation in value. Once permission is granted for truck parking, the potential of ground deterioration, oil leaks, noise, mechanical and parts will be all over the place and it will not be looking very clean. Property values may go down. (Anonymous) Comments/Questions/Concerns 1. Please see the a-mail from Anne Krech on page 11. 4 REFERENCE SITE DESCRIPTION Site size: 24,829 square feet (0.57 acres) Existing Land Use: single dwelling and garage SURROUNDING LAND USES North: Houses on Abel and Beaumont Streets East: City-owned ponding area South: Houses across Larpenteur Avenue in Saint Paul West: Houses on Abel Street ORDINANCE REQUIREMENT Section 44-102 (1)(a) of the city code allows the city council to approve a conditional use permit to store or keep a heavy commercial vehicle at a residential property, subject to three conditions. CRITERIA FOR CUP APPROVAL Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. (See findings 1-9 in the resolution on pages 12 and 13.) PLANNING Existing Land Use Plan designation: R-1 (single dwellings) Existing Zoning: R-1 (single dwellings) Application Date The city received all the application materials for this request on June 14, 2004. State law requires the city to take action on this request by August 13, 2004, unless the applicant agrees to a time extension. Attachments: 1. Applicant's Statement 2. Location Map 3. Property Line2oning Map 4. Applicant's Site Plan 5. Site Pictures 6. E-mail dated June 25, 2004 from Anne Krech 7. Conditional Use Permit Resolution 5 Attachment 1 Mr. David Conover Sr. 1702 Abel St Maplewood, MN 55117 Mr. Ken Robert. Site Planning City of Maplewood Community Development Department Deaz Ken Robert. Site Planning, RECEIVEp JUN 1 4 2004 I am requesting a pazking permit for equipment to be parked at 65E. Larpenteur. My sons live at this address that my wife and I own. They aze starting their own trucking business and need a place to park their two trucks and equipment (flat bed & Bobcat) after getting off work. They presently have to trave120 miles to pazk their truck, plus it causes extra expense that they do not have in a new business. They will not be blocking any view. We aze faz enough from the street and other houses not to cause a disturbance with traffic or noise. A caz engine heater can be plugged up during the winter months, to cut down on starting time. The workday usually runs between 7 a.m. - 6:30 p.m. When the weather is profitable. My boys are trying to be productive citizens pursing their own business and when their trucks sit it is an expense to them. We would appreciate your consideration in this manner. Sincerely , Mr. David Conover Sr. Enclosure (1) fc APPLICANT'S STATEMENT 6 Attachment 2 ~r ~,J1J _ - _ I , - ~IftLL-MAPJ_ f~VE~= _ -__...-._-_ -_ I (~`"~ } r I I - - . - .. ~ - _ _ IYrT DER N~ ~A)tE- - - ~ ~ ~ ;~ ~i ~ . ~ f ~ ' t ~i ' ~ i ct~ i~ I ~ m_ {~ - i ~ -- - --BEE=LW_OflD-AOFE_.: - -- - - ~ i ,~ ',I I~ I ~ ' iii ; ; ~_ -_ _ ~l7AA NIEfi-. FC~L E_ _ ~ _ - O ~~ ~ S rn ~ - ~i .f E-id T~ N--A~FE ri ii ~ ~ r ~,. - rn D '' ` - _ ' ~~ i , - SAINT PAUL WATER , ~~ I~ ~~~ ~ I ' ~' ~ ~ ,~ d ~ ~ WATER WOR R~ W I ~ ~ OhtAeR E5 t r ;i ; c~ _ i _ ~ ry ' i ' _ ~ f I H i ~ ~ _ __ _ ' , 1 +~ ~ ~ I, ~ i~ ~ I ' ~ ~ I ' , i ~ ~ =iC1 C~tG S-T6iJ -A Vf_-- _ _ ~ I ~ _ - -. - 1 t +~ (n I ~~ ~ i t ~ I }. ~' • , y ` =G ~ _ ~~ ~I I ~ ~ ~ ~r ~:' i ~ ~ N ~, ,~ ~ r , ,: i ~ _ ' . ~ ~ w , i^ f ` ~ ~ , ~, ~ _ ~, LARPEIVTEUR AVE SAINT PAUL LOCATION MAP 4 N Attarhmnnt ~ ~~~ 1J00 SAINT PAUL WATER r 1765 R1 --- ~i J ~I ~ 63 1 i51 R1 ~-- 29 37 R1 47 4s ( R1 ---, r-,; ~-- - 15 ~ i i ~--I r- ~--~ ~ j i ~ -~ , ~ - _, ~,-. KINGSTON AVE -1728 f ' ! 175 ~1 ~ '~ 1731 ~ ---_ ^ ~ 12 1736 - ~ r~ - - ~~' ~- ~l ~~ 176 171-,. i_R1 ;1719 1727 r 1722 L----~ 724 '_~~' 1721 ~' ~' n 1715 rr-~ 17118 - - -_, `-: `~---~; 1713 ~ ' 175 W `-712 D ___ m ;-rr12 R~-~__ ~ ,~_~ R1 c { ~ cn 1702 Z -i R'1 ._"~ !; ~_~ tiros ~1Ztl9 - 1745 1704 - ~' 17d3 _~-~~ _- _ ,---- ~1 1-___'', ~ 1~fl2 65 __ _ r`- 6~5 ,-~- 33 ~'_1f~94 ~ - R 1-_ r - - ~ ~~~ ~_ _.. 1683 i 149--~'~ 65 - -~ -- ~ ~ 77 ~~'i ~~ 1795 i L- 1787 ' ~~~ --- 9~7~_ rp~- R ~~_~ !-z1Z71 r--~ ~. ~ - ~~~ ~~ h 759 i --, . I_-,. ----, 87 ~--- ~ ~- p ,~ 17,1-7, ~~ - _ 76 --~ 17 16 ' I RZ - 17T5-~ ~ ..-~; ~~ i 112 __ ,~~~J 170 - J ~-- ! ~ - - R3 LARPENTEUR AVE SAINT PAUL 1712 R2 1700 103 R1 PROPERTY LINE 1 ZONING MAP 8 1790. 1784 ' ~. ___.. 1776 1770 R1 1?62 1754 1746 D n ~ 1740 O - z cn .~ - 1 . 1730 N ~f ~, ~. ,~ jp~, ~tv eye fiv e APPLICANT'S SITE PLAN 9 l~ _ ~OYS `~' r J = J,~ ~~r~ 5 ~-2 fc~ Attachment 4 Attachment 5 Looking south to the north -were the two sub trucks are pazking is were trucks would be park. There would be no problem getting on to larpentuer ave. Looking from the north to the south Looking east there is woods, behind were trucks would be pazked :TURFS 10 Attachment 6 Ken Roberts From: Krech, Anne [Anne.Krech~CO.RAMSEY.MN.US] Sent: Friday, June 25, 2004 11:34 AM To: Ken Roberts Subject: Conditional Use Permit ~ 65 Larpenteur Avenue We live at 1715 Beaumont St which is north of the property. We have a few concerns regarding the request and are hoping that some of these concerns will be imposed on the conditions of use. 1. We understand this is zoned residential and we don't have a problem with the 3 vehicles listed to be parking on the property. However, we would hope that as the business expands that the number of vehicles do not. We would like the city to limit the number of commercial vehicles to what was listed by Mr. Conovers letter and per application. (1 dumptruck, 1 commercial vehicle and 1 bobcat). 2. We would hope that this residential zone will not become the principal place of business for commercial operations, but merely an overnight storage area for the 3 vehicles. We would appreciate no other commercial operations allowed on the property, such as no outside storage of inventory, supplies or other commercial materials, no oil changes, radiator flushes or other maintenance or repair of the commercial vehicles. 3. We have an active well on the property that we use and which is not contaminated. The CUP should not allow washing, loading, unloading of trucks or storing or dumping anything on the property or on adjacent properties. 4. We also wish for the parking pad to be located closer to the home and not near the woods (side yard) or the back yard and that they be required to create a parking pad for those vehicles. Thanks you for considering our requests. Anne and Neal Krech 11 Attachment 7 CONDITIONAL USE PERMIT RESOLUTION -HEAVY COMMERCIAL VEHICLE AND EQUIPMENT STORAGE AND PARKING WHEREAS, Mr. David Conover is requesting that Maplewood approve a conditional use permit to store and park three heavy commercial vehicles (two trucks and a loader) on the property he owns at 65 Larpenteur Avenue East. WHEREAS, this permit applies to the property at 65 Larpenteur Avenue East. The legal description is: 1. Saint Aubin and Dion's Rice Street Addition, Lots 11-13, Block 13 (PIN 18-29-22-34-0088) and 2. Saint Aubin and Dions's Rice Street Addition, Lots 14 and 15, Block 13 (PIN 18- 29-22-34-0061) WHEREAS, this history of this conditional use permit is as follows: 1. On July 19, 2004, the planning commission recommended that the city council this permit. 2. On August 9, 2004, 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. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, ma#erials, 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 trafFc on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 12 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. The owner or operator of the trucks and equipment doing the following: a. Residing on the property. b. Parking the trucks and equipment in an enclosed structure or on a hard surface driveway or parking pad that meets the applicable city code requirements. The parking location for the vehicles shall be as close to the existing driveway and the house as possible. c. Not parking the trucks or commercial equipment on a public street. 2. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than two periods, lasting thirty (30) minutes each, in one twenty-four (24) hour period. There shall not be any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m. 3. There shall be no dumping or storage of construction or building materials or supplies on the property. 4. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. 5. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. 6. The city council shall review this permit in one year. 7. This permit shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. The Maplewood City Council adopted this resolution on , 2004. 13 AGENDA ITEM H-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Civil Engineer 1 SUBJECT: Springside Street Extension, Project 03-36 a. Public Hearing 7:30 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) DATE: August 2, 2004 Introduction The public hearing for this project has been scheduled for 7:30 p.m., Monday, August 9th, 2004. Notices of the public hearing have been mailed and published. The feasibility study is provided as an attachment. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council should consider ordering the improvement following the public hearing. Background Due to the limited number of residents on the project, no formal neighborhood meetings were held; rather, several discussions were held with the individual residents directly affected by the proposed project. There are three properties that would benefit from the proposed street extension. The proposed assessments to these three properties are outlined in the feasibility report. Recommendation It is recommended that the city council approve the attached resolution ordering the improvement of the Springside Street Extension, City Project 03-36. Budget Impact The resolution calls for establishing a project budget of $162,430. The financing plan is outlined specifically in the feasibility study and calls for funding from assessments, sanitary sewer utility funds, WAC funds and city general tax levy. Jw Attachments: Resolution Location Map Feasibility Study EML RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 26th day of July, 2004, fixed a date for a council hearing on the proposed street improvements for the Springside Street Extension, City Project 03-36, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on August 9, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood makes improvements to the Springside Street Extension, City Project 03-36. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of August 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $162,429.41 shall be established. The proposed financing plans is as follows: Assessments $ 117,731 (72 %) Sanitary Sewer utility Fund 8,117 (5 %) WAC Fund, (SPRWS System) 7,556 (5%) City general tax levy $ 29,026 1( 8%) Total: $ 162,430 (100%) .~ FEASIBILITY REPORT SPRINGSIDE STREET EXTENSION PROJECT 03-36 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: Christopher M. Cavett, P.E. Date: License No. 24719 City of Maplewood Department of Public Works 1902 East County Road B Maplewood, Minnesota 55109 FEASIBILITY REPORT SPRINGSIDE DRIVE EXTENSION PROJECT 03-36 SPRINGSIDE DRIVE EXTENSION, WEST OF STERLING STREET INTRODUCTION This report addresses the feasibility of extending Springside Drive. Currently, Springside Drive extends west from Sterling Street to a temporary cul-de-sac. John Poirier, the owner of the property between 2401 and 2425 Linwood Avenue East is proposing to subdivide his 1.6-acre property into three single-family parcels. Springside Drive must be extended to the west to provide access to this proposed subdivision. HISTORY Springside Drive was constructed in 1992 as part of the Huntington Hills South 3rd Addition. A temporary cul-de-sac was constructed at the end of Springside Drive with the expectation that the properties to the west would be subdivided in the future. In 2001 the property directly to the west, 2437 Linwood Ave. was subdivided into two properties, 2437 Linwood Ave. and 2439 Springside Dr. As part of the lot split the city required a 60-foot stretch of land be dedicated as right of way to allow for future access. Although Springside Dr. was not extended at the time, the additional right of way allowed for future access to the property at 2437 Linwood Ave., Mr. Poirier's property and future driveway access to 2439 Springside. Exhibit 1 shows the existing right of way along with the property proposing to subdivide. The residents along Springside Drive, especially those adjacent to the temporary cul-de-sac, are in favor of extending Springside Dr. The elimination of the temporary cul-de-sac would increase their front yard area and increase the length of their driveways to allow for additional parking area. PROPOSED IMPROVEMENTS The proposed improvements include the extension of Springside Drive, approximately 250 feet west, along with watermain, sanitary sewer, storm sewer, and pond construction. The street extension would provide access to the undeveloped property west of 2437 Linwood Ave. and allow this property to be developed. John Poirier, the property owner of the lot proposed for subdivision, has petitioned the city for a public improvement project. The street extension and all utilities within the city's right of way would be constructed as public infrastructure by the city under the improvement project. A pond at the south end of Mr. Poirier's property would treat runoff from the site. Storm sewer will be extended from the cul-de-sac south to the pond. The storm sewer would also be constructed as public infrastructure. All other improvements required for the development of the lots, such as site grading and private utilities (services) will be constructed and financed by the developer. It is proposed that a permanent cul-de-sac be constructed to serve 2 new lots. The street would be constructed in the existing right of way that was dedicated in 2001. Mr. Poirier would dedicate the additional right of way required for the cul-de-sac. Exhibit 2 illustrates the proposed improvements. During initial discussions with Mr. Poier and the property owners of 2437 Linwood Ave. and 2439 Springside Dr., an alternative layout was considered that would have allowed the undeveloped (Poirier) property to be subdivided into three lots off of the cul-de-sac. This alternative would have required Mr. Poirier to obtain additional right of way from 2437 Linwood Ave. and 2439 Springside Drive. By creating another lot, the assessments to each property would have been reduced significantly. Mr. Poirier offered to purchase the additional right of way from the owners at 2439 Springside Drive. and 2437 Linwood Ave. One of the property owners was not interested in selling the required right of way and the alternate layout was not considered any further. FINANCING The developer and the two benefiting properties at 2437 Linwood Ave. and 2439 Springside Dr. would be assessed 77% of the project costs. The city would finance the remaining 22% of the costs for improvements to the existing cul-de-sac and drainage improvements in the proposed street. The total cost of the project is $162,430. Exhibit 3 shows a detailed cost breakdown and Exhibit 4 shows a preliminary assessment roll. The estimated costs include 10% contingencies and 30% overhead, which include engineering, administrative, legal, and fiscal expenses. The financing for the project is outlined below. Estimated City Project Cost Street Improvements: $19,026 (43%) Drainage Improvements: 9,994 (22%) Sanitary Sewer Improvements: 8,117 (18%) Water Main Improvements: 7,556 17%~ Total estimate city project costs: $44,693 (100%) The remaining $125,665 would be assessed to the four benefiting properties. Exhibit 2 shows the assessment to each property. The property at 2439 Springside Drive will not be assessed for sanitary or water main extensions. When this lot was developed, services were constructed out to the existing mains under Springside Drive. Sanitary and water cash connection charges were received by the city at that time. This property has contributed to the financing of the sanitary and water mains. A portion of the street and drainage improvements costs will be assessed to 2439 Spingside Drive. Currently, this property does not have any street frontage or proper access to the street. Access to the street is allowed through a use deed with the city. This property has never been assessed for a street in the past. This project will benefit the property, provide street frontage and allow for proper driveway access. Estimated Project Cost Recover Assessments Sanitary Sewer utility Fund: WAC Fund City general tax levy: Total $ 117,731 (72 %) 8,117 (5 %) 7,556 (5%) $ 29,026 18% $ 162,430 (100%) This proposed street extension project is relatively small and located at the south end of Maplewood. Due to the size of the project and the fact that it is located away from any ongoing city projects it is difficult to estimate unit prices for bid items. It is possible that the bid prices maybe greater than what has been estimated. There is also a slight chance that the bid prices may come in lower than what has been estimated. It is recommended that the city assumes this risk and covers the additional costs that maybe incurred if the bid prices are greater than what has been estimated rather than raise the assessments. PROJECT SCHEDULE The following schedule maybe 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 07/26/04 08/09/04 08/09/04 08/23/04 09/13/04 09/27/04 10/06/04 10/31 /04 11/30/04 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 $ 162,430. 3. The total share proposed to be assessed to the benefited properties is $117,731. 4. The total city share of these costs is proposed to be $ 44,693. 5. Sewer and water utilities will contribute $ 15,673 to the project. 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 through assessments to the benefited and through city contributions. ~{ 03-36 SPRINGSIDE DRIVE EXTENSION COST ESTIMATE DATE: JULY 21, 2004 BY: EML EXHIBIT 3 ITEM DESCRIPTION UNIT EST UNIT PRICE COST QUANTITY GRADING, EROSION CONTROL & TURF ESTABLISMENT 2021.501 MOBILIZATION LS 0.9 $ 5,000.00 $ 4,500.00 2101.502 CLEARING EA 10 $ 150.00 $ 1,500.00 2101.507 GRUBBING EA 10 $ 100.00 $ 1,000.00 2123.61 STREET SWEEPER WITH PICKUP BROOM HR 4 $ 100.00 $ 400.00 2130.501 WATER FOR DUST CONTROL M GAL 4 $ 40.00 $ 160.00 2573.502 SILT FENCE, TYPE HEAVY DUTY LF 299 $ 3.00 $ 897.00 2573.602 F&I AND MAINTAIN ROCK ENTRANCE PAD @ 75'x12' EA. (100 SY) EACH 0.9 $ 600.00 $ 540.00 2575.502 SEED MIXTURE 270, (RESIDENTIAL TURF) @ 100 LB PER ACRE SY 667 $ 2.00 $ 1,334.00 2575.505 SUUUINCi, I Yrt 5HL I Kt5151 HN I (INC;LUUtS StLtC; I i ur Suit ~ SY 556 $ 3.00 $ 1,668.00 $ 11,999.00 STREETS, CURB & GUTTER 2105.523 SELECT GRANULAR BORROW CY 393 12.00 4,716.00 2211.501 AGGREGATE BASE CL. 6 FOR STREETS TON 495 $ 12.00 $ 5,940.00 2331.603 BITUMINOUS JOINT SAW AND SEAL LF 175 $ 2.00 $ 350.00 2340.508 TYPE 41 WEARING COURSE MIXTURE (41WEA50055PG58-28) TON 84 $ 40.00 $ 3,360.00 2340.514 TYPE 32 BASE COURSE MIXTURE (32BBB50000PG58-28) TON 117 $ 32.00 $ 3,744.00 2411.605 DRY CAST SEGMENTAL MASONRY RETAINING WALL SF 120 $ 24.00 $ 2,880.00 2105.501 COMMON EXCAVATION, ROAD (EV), (P) CY 287 $ 10.00 $ 2,870.00 2105.523 COMMON BORROW (CV) CY 1106 $ 5.00 $ 5,530.00 2531.501 CONCRETE CURB & GUTTER LF 536 $ 9.00 $ 4,824.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 59 $ 2.50 $ 147.50 $ 34,361.50 UTILITY WORK: STORM 2501.515 12" CORR. SMOOTH WALL HDPE PIPE SEWER LF 454 $ 17.25 $ 7,831.50 2503.511 12" CORR. SMOOTH WALL HDPE PIPE APRON W/SAFETY GRATE & T EACH 1 $ 301.34 $ 301.34 2506.602 CONSTRUCT DRAINAGE STRUCTURE DESIGN 15"X15"X12" CORR. S EACH 3 $ 600.00 $ 1,800.00 2506.602 CONSTRUCT DRAINAGE STRUCTURE DESIGN 24" PVC DRAIN W/GR EACH 1 $ 1,500.00 $ 1,500.00 2506.602 CONNECT TO EXISTING DRAINAGE STRUCTURE EACH 1 $ 750.00 $ 750.00 2571.602 RAINWATER GARDEN PREPARATION (735 CY EXCAVATION) EACH 1 $ 7,000.00 $ 7,000.00 2571.602 ROCK INFILTRATION SUMP FOR RAINWATER GARDEN TON 8 $ 100.00 $ 800.00 $ 19,982.84 UTILITY WORK: SANITARY & WATER SERVICES 2503.603 6" PVC, SCHEDULE 40 SANITARY SEWER SERVICE LF 132 $ 25.00 $ 3,300.00 2503.602 8"X6" PVC SERVICE WYE EACH 3 $ 125.00 $ 375.00 2503.603 PIPE BEDDING FOR 6" PVC OR 8" PVC LF 132 $ 1.00 $ 132.00 2504.602 F&I 1" CORP. STOP EACH 3 $ 90.00 $ 270.00 2504.602 F&I CURB STOP EACH 3 $ 150.00 $ 450.00 2504.602 F&I 1" TYPE K COPPER WATER SERVICE LF 123 $ 15.00 $ 1,845.00 $ 6,372.00 UTILITY WORK: SANITARY & WATER MAIN 2503.603 8" SDR 35 PVC SEWER PIPE LF 60 $ 27.00 $ 1,620.00 2503.603 PIPE BEDDING FOR 6" PVC OR 8" PVC LF 60 $ 1.00 $ 60.00 2506.602 SANITARY SEWER MANHOLE EACH 1 $ 2,747.16 $ 2,747.16 2504.603 8" DIP WATERMAIN LF 36 $ 20.00 $ 720.00 2504.603 PIPE BEDDING FOR WATER MAIN LF 36 $ 1.00 $ 36.00 2504.608 WATERMAIN FITTINGS LB 45 $ 3.00 $ 135.00 2507.602 FIRE HYDRANT AND AUXILARY VALVE, INCLUDING 6" DIP LEADS EACH 1 $ 3,000.00 $ 3,000.00 2021.501 MOBILIZATION LS 0.1 $ 5,000.00 $ 500.00 2123.61 STREET SWEEPER WITH PICKUP BROOM HR 1 $ 100.00 $ 100.00 2130.501 WATER FOR DUST CONTROL M GAL 1 $ 40.00 $ 40.00 2573.502 SILT FENCE, TYPE HEAVY DUTY LF 61 $ 3.00 $ 183.00 2573.602 F&I AND MAINTAIN ROCK ENTRANCE PAD @ 75'x12' EA. (100 SY) EACH 0.1 $ 600.00 $ 60.00 2575.505 SODDING SY 139 $ 3.00 $ 417.00 $ 9,618.16 CITY PORTION 2105.501 CY 144 $ 10.00 $ 1,440.00 2211.501 AGGREGATE BASE CL. 6 FOR STREETS TON 181 $ 12.00 $ 2,172.00 2232.603 MILL BITUMINOUS SURFACE, 1.5" DEPTH @ MINIMUM 18" WIDE LF 30 $ 2.00 $ 60.00 2331.603 BITUMINOUS JOINT SAW AND SEAL LF 60 $ 2.00 $ 120.00 2340.508 TYPE 41 WEARING COURSE MIXTURE (41WEA50055PG58-28) TON 29 $ 40.00 $ 1,160.00 2340.514 TYPE 32 BASE COURSE MIXTURE (32BBB50000PG58-28) TON 40 $ 32.00 $ 1,280.00 2340.521 TYPE 41 BITUMINOUS MIXTURE FOR RESIDENTIAL DRIVEWAYS TON 11 $ 35.00 $ 385.00 2501.515 12" CORR. SMOOTH WALL HDPE PIPE SEWER LF 158 $ 20.00 $ 3,160.00 2503.603 CONNECT TO EXISTING SANITARY SEWER EACH 1 $ 1,000.00 $ 1,000.00 2503.603 8" SDR 35 PVC SEWER PIPE LF 167 $ 27.00 $ 4,509.00 2503.603 PIPE BEDDING FOR 6" PVC OR 8" PVC LF 167 $ 1.00 $ 167.00 2503.603 PIPE BEDDING FOR HDPE IN STREET LF 143 $ 3.00 $ 429.00 2504.603 8" DIP WATERMAIN LF 204 $ 20.00 $ 4,080.00 2504.603 PIPE BEDDING FOR WATER MAIN LF 204 $ 1.00 $ 204.00 2504.602 CONNECT TO EXISTING WATER MAIN EACH 1 $ 1,000.00 $ 1,000.00 2506.602 CONSTRUCT DRAINAGE STRUCTURE DESIGN 12"X90 CORR. SM EACH 1 $ 400.00 $ 400.00 2506.602 CONSTRUCT DRAINAGE STRUCTURE, 48" CB/MH W/R-3067-V FR EACH 2 $ 1,500.00 $ 3,000.00 2531.501 CONCRETE CURB & GUTTER LF 220 $ 9.00 $ 1,980.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 17 $ 2.50 $ 42.50 2531.507 6" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL SY 70 $ 45.00 $ 3,150.00 2573.502 SILT FENCE, TYPE HEAVY DUTY LF 190 $ 3.00 $ 570.00 2575.505 SODDING SY 315 $ 3.00 $ 945.00 $ 31,253.50 SUBTOTAL $ 113,587.00 + 10% CONTINGENCIES $ 11,358.70 SUBTOTAL ESTIMAGED CONSTRUCTION COSTS $ 124,945.70 +30% ENGINEERING, ADMINISTRATIVE, LEGAL & FISCAL EXPENSES $ 37,483.71 TOTAL ESTIMATED PROJECT COST $ 162,429.41 _~ ~= AGENDA ITEM I-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Mike Kane, Public Works Street Superintendent SUBJECT: Street Seal Coating Program, City Project 04-20-Award Contract DATE: August 3, 2004 The city will receive bids for the 2004 Seal Coat Program, Project 04-24, on Thursday, August 5, 2004. A supplemental agenda report will be provided after that date. Agenda #K1a REPORT SUMMARY Applicant: Chesapeake Companies Development Group Subject: Chesapeake Retail Center -Buffalo Wild Wings Site Address: 3091 White Bear Avenue Zoning: Business Commercial (BC) Land Use: Business Commercial (BC) City Council Hearing Date: August 9, 2004 Project Description: On May 24, 2004, the city council approved a preliminary plat, planned unit development, and design review for the Chesapeake Retail Center located at 3091 White Bear Avenue. Included in the design review approvals were three buildings including Buffalo Wild Wings, Jared Jewelers, and TGI Fridays. Buffalo Wild Wings is now proposing a revised building plan that will match their new corporate image. Requests: Chesapeake Companies Development Group is requesting a revision to the Buffalo Wild Wing's design review, including approval of a 6-foot- high fence around the proposed outdoor seating area. Recommendations: City staff and the community design review board recommend approval of Buffalo Wild Wing's revised building plans and 6-foot- high patio fence. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Planner SUBJECT: Chesapeake Retail Center -Buffalo Wild Wings LOCATION: 3091 White Bear Avenue APPLICANT: Chesapeake Companies Development Group, LLC DATE: August 2, 2004 INTRODUCTION On May 24, 2004, the city council approved the Chesapeake Retail Center development located at 3091 White Bear Avenue (refer to the approved site plan on page 10). Land use approvals included preliminary plat, planned unit development, and design review of three buildings including Jared Jewelers, TGI Fridays, and Buffalo Wild Wings. Because of Buffalo Wild Wing's change in their corporate building image, Chesapeake Companies is now requesting an amendment to the community design review board conditions in order to construct an alternative Buffalo Wild Wings building design, including a revised outdoor patio with a 6-foot-high fence (refer to the original and revised building elevations on pages 11 through 13). The city's community design review ordinance states that the city council must approve revisions to design plans that were originally approved by the city council. Since the city council approved design review of the Buffalo Wild Wing's original building in May, the revision of the building requires city. council approval. In addition, a condition of Buffalo Wild Wing's liquor license was that they construct a 6-foot-high fence around the exterior patio, to be approved by the city council. DISCUSSION Building Setback City code does not specify a required setback to a private road. The city council approved a 15-foot setback from the private mall road for the original Buffalo Wild Wings building. The revised building reflects a slight bump out on the west elevation. This portion of the building will maintain an approximate 13-foot setback to the private road, with the remaining west elevation setback approximately 30 feet. Staff and the CDRB support this reduction in setback since it will only encompass 30 feet of the west elevation, with the remainder of the building set back further from the private road than originally approved. Building Design The original Buffalo Wild Wings building was proposed at 5,430 square feet in area and 23 feet in height. All four elevations were to be constructed of brick, stone, an exterior insulation finish surface (EIFS - a stucco-like material), and glass windows (refer to the original building elevations on page 11). The revised Buffalo Wild Wings building will be approximately the same square footage, but will be up to 27 feet in height. This design is more of a retro-style building with all four elevations constructed of EIFS, a 2-foot high concrete masonry block wainscot, and a few windows with black and yellow canopies above, mainly on the north elevation (refer to the revised building elevations on pages 12 and 13). All three originally approved buildings at the Chesapeake Retail Center (Jared Jewelers, Buffalo Wild Wings, and TGI Fridays) were to have an exterior finish of mainly brick. The fourth building, which was reviewed and approved by the CDRB on July 27, 2004, is the multi-tenant building and is also proposed with mainly brick as an exterior finish. For this reason, staff and the CDRB recommend that a brick element be added to the Buffalo Wild Wings building. The brick should replace the concrete masonry block as a wainscot. The color and style of brick should be compatible to the proposed building. In addition, staff and the CDRB recommend adding more windows (either false or true windows) to help break up the rather sparse walls on the east and west elevations. Buffalo Wild Wings and Chesapeake Companies are receptive to these changes and have promised revised building elevations to present to the city council during the August 9, 2004, city council meeting. Buffalo Wild Wings has also revised their 1,000-square-foot outdoor dining patio to include a 6-foot-high fence around the entire patio, as required by the city council. This fence will be constructed of tempered glass on top of concrete masonry block. Staff and the CDRB recommend the removal of the concrete masonry block and replacement with brick. Landscaping The Buffalo Wild Wings foundation landscape plan includes 13 ornamental trees, 159 shrubs, and several perennials (refer to the landscape plan on page 14). Staff and the CDRB find this plan acceptable and complimentary to the overall landscaping. COMMITTEE ACTION The community design review board unanimously recommended approval of Buffalo Wild Wing's revised building elevations at their July 27, 2004, CDRB meeting (refer to the 7/27/04 CDRB minutes attached). RECOMMENDATION Approve Chesapeake Companies' proposed design review change for a revised Buffalo Wild Wings building at the Chesapeake Retail Center located at 3091 White Bear Avenue. These changes are based on the revised Buffalo Wild Wing's building elevations and landscape plan date-stamped June 28, 2004. The developer or owner shall do the following (conditions relating to Buffalo Wild Wing's building design change found in bold -changes made by the community design review board during the July 27, 2004, CDRB meeting are underlined if added and stricken if deleted): 1. Repeat this review in two years if the city has not issued a building permit for all three buildings for this project (Buildings B, C, and D). Chesapeake Retail Center 2 August 2, 2004 2. Submit the following to city staff prior to issuance of a grading or building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's April 26, 2004, engineering plan review as well as the following: A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. b. Obtain a demolition permit for the removal of the existing Maplewood Movie I Theater building. c. Obtain the required Ramsey/Washington Metro Watershed District permits. d. Submit payment for all required Park Access Charges (PAC fees) as specified in the Park Director's April 14, 2004, correspondence to Chesapeake Companies. e. Submit an easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. f. Submit an easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. g. Submit an owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). Submit a revised site plan showing the following: 1) The dedication of 10 feet of additional right-of-way along White Bear Avenue. 2) The dedication of 17 feet of additional right-of-way along County Road D. 3) Building C (TGI Fridays) and Building D (Jared Jewelers) shifted approximately five feet to the south, or a lesser distance, to accommodate a future driveway located to the north of Building C that would extend onto White Bear Avenue. 4) Pending continued cooperation with the adjacent property owner, show the location of a driveway and pedestrian cross-access on the south side of the property, to accommodate entrance and egress to and from the southerly property (3065 White Bear Avenue). Chesapeake Retail Center 3 August 2, 2004 5) The extension of the sidewalk in front of Building A (future retail/restaurant) onto the County Road D trail. 6) A pedestrian access extending from the White Bear Avenue sidewalk. A revised landscape plan, subject to review and approval by staff, that shows the following: 1) Pending a shared driveway scenario with Arbys, a revised landscape plan showing the area of disturbance and landscaping proposed. 2) Seven additional trees on the' west side of the property, between the sidewalk and the Maplewood Mall road. 3) Additional plantings in front of Jared Jeweler's dumpster enclosure to help screen the enclosure from White Bear Avenue. 4) A foundation landscape plan for TGI Fridays and Buffalo Wild Wings. These plans should be consistent and complement the overall landscaping and Jared Jeweler's foundation plantings, and should ensure appropriate plantings in front of all dumpster enclosures to ensure screening from the roadways. 5) An underground irrigation plan to ensure all landscaping is irrigated per city code. Revised building and dumpster enclosure elevations showing the following: TGI Fridays: 1) Removal of the EIFS building material and replacement with e# brick, granite, and/or stone building materials and consistent building detail, including parapet walls, on all elevations of the building. 2) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. Jared Jewelers: 1) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. Chesapeake Retail Center 4 August 2, 2004 Buffalo Wild Wings: 1) The removal of the split face C.M.U. wainscot on all elevations and the replacement with a brick wainscot. ~k-e t#einr~dew~ The brick must be compatible with the building. 2) The addition of windows (either true or false windows), or other design elements to help break up the wall on the seafk~ west and east elevations. 3) The addition of vellow LED panels to the west elevation. 4Z3} The removal of the concrete masonry block under the Plexiglas fence, and replacement with brick, which is compatible with the building. The overall height of the fence is not to exceed 6 feet. ~4} Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. ~~ A 6-foot-high fence around the proposed outdoor patio to be approved by the city council prior to issuance of a liquor license for Buffalo Wild Wings. k. A revised outdoor lighting and photometric plan. The revised plan shall show the exact location, height, and style of all outdoor lights. The light illumination from all outdoor lights may not exceed .4-foot-candles at all property lines. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Prior to issuance of sign permits, the following must be submitted: a. Sign plans and elevations for Buildings B, C, and D as follows: 1) One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The TGI Friday's and Jared Jeweler's freestanding signs must maintain a 5-foot setback to the White Bear Avenue right-of-way and a 10- foot setback to all side property lines. The Buffalo Wild Wing's freestanding sign must maintain a 1-foot setback to the County Road Dright-of-way and a 5-foot setback to the side property line. All three freestanding signs must have a decorative base constructed of quality building materials to match the corresponding buildings. Chesapeake Retail Center 5 August 2, 2004 2) Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall area on which the sign is attached. Wall signs are not permitted on a canopy. b. A detailed landscape plan for the base of all three proposed freestanding signs. 4. Complete the following before occupying the buildings: a. Install all required exterior improvements. b. Screen all roof-mounted equipment visible from streets. 5. 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 of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 6. All work shall follow the approved plans. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. 7. Building A and signs associated with Building A are not included in this community design review approval. Chesapeake Retail Center 6 August 2, 2004 REFERENCE SITE DESCRIPTION Site size: 4.98 Acres Existing Use: Vacant Movie Theater SURROUNDING LAND USES North: Arbys Restaurant and County Road D South: Retail/Restaurants including Wedding Day Jewelers, Acapulco Restaurant, and future Jiffy Lube East: White Bear Avenue and Fazolies, Mama Mias, Baker's Square, and North China Restaurant West: Maplewood Mall Ring Road and Circuit City PLANNING Land Use Plan Designation: Business Commercial (BC) Zoning: Business Commercial (BC) Criteria for Approval Design Review: Section 2-290 of the city code requires that the community design review board make the following findings to approve plans: 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 or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Chesapeake Retail Center 7 August 2, 2004 Application Date We received the complete application and plans for this proposal on June 28, 2004. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City action is required on this proposal by August 27, 2004, unless the applicant agrees to a time extension. Com-Dev\Chesapeake -Buffalo 8-9-04 CC Attachments: 1. Location Map 2. City Approved Site Plan 3. Land Use Map 4. Original Buffalo Wild Wings Elevations 5. Buffalo Wild Wings Building Elevations 6. Landscape Plan Chesapeake Retail Center 8 August 2, 2004 Attachment 1 I-694 r I - I i -- Chesapeake Retail 3091 White Bear Avenue M plewood/Mall ~~ ~ ;-~ N W E ~, ~ ,\ Location Map Attachment 2 N W E S City Approved Site Plan 10 Attachment 3 ~+ -~ Wei+-~ ~~ ~ ~o~+h --~ Original Buffalo Wild Wings Building Elevations 11 ._ . ~~~ ~Q~„FVATK7N Attachment 4 No~r~ W~sT `AIM ~1'M MLIn~ OAr ~ q Y ~• ~ p q ~RR ~ ~ °M ~ M MHIMim ~ O~It~ ~ °O°~pt~ ~Iql rn y[ / lu~p al ta-wrH+ ~ r~n, ~n1 rat rr+.;V.a.nro ww~ w rr..x . r.sllul u-wut v ~~ ~ IfAt ap .1 T ~ ~' .a a"~ ~~^" owa ail . i r~a' aat ' ylx.ti.Ill r~lo,t tuo ~ ~ w"eo-q:~°snp ner:l+w.>.-~~rr e.rs. I/an ~v"'e acr'ItFw ou+ws t a a.a 14Ttt~ a (OyY.IDA t rae a fc nol .ro nlwoa~ x ~~iol~0aul +o~w aolll+xx ~I.~I S~ ~~~ tutu w.. ~p~~ v ~I _ ~~~ Iaulae rcon ~sr..es -,t1lp t1~! tYlgx IIt1~ IIMII.I MOK A~tti~OO+.f--T7A fX s~ ~K . RwswY . 4/.! IG. -IV01~ O[1K I~/.l1 tt1~I.~ORFO hwR„-tta.x-.sryx ~1OtID NNNy -nlLf taactto ttu.~t ny ` ,!"'"QA0 ~+- ~ow.snaa ell.ote :rw toe„=x r tats r./.a ~ w ~.:w•wo rllve,t.m.ar.xm ail.I~o ItTK IINb[ t.r -Ivor m *cavl x/•~~ -s ot aaa ~~~ uolR - I~ to 4oetxle.. au.m ~+ r Buffalo Wild Wings Building Elevations 12 Attachment 5 SOUTH Buffalo Wild Wings Building Elevations 13 Attachment 6 .w ,~, _ ,s ~.,_,..~.,a........~..~ mo ; • ,.. ~- o. ~. ~, .,. ,,, N w+.i~/r wrr. +..rr n n~ w+.s ~r. w~.r./q.w.ir Y.wp w.' 'e.i M M~~ MY~VI~ / ly wY~Yr •-n~I • wy ~l~ N W Landscape Plan - E Buffalo Wild Wings Building S 14 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 27, 2004 b. Chesapeake Retail Center - 1) Buffalo Wild Wings Restaurant Ms. Finwall said on May 24, 2004, the city council approved the Chesapeake Retail Center development located at 3091 White Bear Avenue. Land use approvals included a preliminary plat, planned unit development, and design review of three buildings including Jared Jewelers, TGI Fridays, and Buffalo Wild Wings. Because of Buffalo Wild Wing's change in their corporate building image, Chesapeake Companies is now requesting an amendment to the community design review board conditions in order to construct an alternative Buffalo Wild Wings building design. Chairperson Ledvina asked the applicant to address the board. Mr. Jeff Wurst, Development Manager, Chesapeake Companies, Minnetonka, addressed the board. He thanked the board for the opportunity to bring this design back for review. He said there are two other representatives from Buffalo Wild Wings here to answer questions and recommended Mr. Doug Paquay come to the podium to speak. Mr. Doug Paquay, Director of Construction, Buffalo Wild Wings, St. Louis Park, addressed the board. On the east and west elevation they plan on adding the same awning and window treatment that they have on the front or north elevation. They will put a set of windows with the awning and window treatment shown on the front elevation on either side of the bump out to equalize the building. Chairperson Ledvina asked if they are agreeable to the brick wainscoting on the east elevation where the bump out is going to be located on the ring road. Mr. Paquay said they were receptive to the brick, but would suggest only a 2-foot high wainscot. In the past using the brick wainscoting up to the windows has made the building look heavy at the base of the building. The windows are almost 3'/z feet high on the building. Board member Shankar asked if the yellow, black and white colors shown on the plans would be constructed of EIFS? Mr. Paquay said the black and white shown is done with metal panels inset in the EIFS. The yellow and brown portion of the building shown is done in EIFS and then there is a brick base. The awnings over the window will be black and yellow. Chairperson Ledvina asked if the yellow squares on the building elevations would be built of EIFS? Mr. Paquay said the yellow squares are made of a LED square panel of light that would glow at night. Chairperson Ledvina asked if the yellow squares could be added to the west elevation? Mr. Paquay said probably. They are going to have false windows on that side of the building so it may not be necessary to add squares there. Chairperson Ledvina asked if the applicant had revised elevations for the board to review this evening? Mr. Paquay said no he did not. Chairperson Ledvina asked if this building design had been built anywhere else? Mr. Paquay said they have buildings with this design in Irving, Texas and in Georgia, but they have not built this new design anywhere in Minnesota. Board member Olson asked staff if the yellow squares that are lit with LED lights fits in with the photometric plan? Ms. Finwall said any wall pack lighting would have to be included in the photometrics plan. Mr. Paquay said the LED lights are so faint they-would not even register. Board member Olson said the CDRB recommended to the city council that they allow afour- foot high fence around the patio area. The council wanted asix-foot high fence because of the liquor license. She asked if the design of the fence area would still be six feet high even with the brick at the base, the glass, and then the black checkering along the top? Mr. Paquay said yes. The panels of glass are made of tempered glass. The city council wanted a fence but Buffalo Wild Wings wanted to be able to see the patio so they chose to use the tempered glass. Mr. Wurst said the staff recommendation is to replace the CMU around the bottom perimeter of the building with brick and Buffalo Wild Wings is willing to do that. From an architectural standpoint they request that the brick not be carried up to the bottom of the windows but rather remain at the existing height as shown with the new brick material. The recommendation is based on the architecture of the building and that the width along the bottom of the building meshes with the other architectural features. He would ask that the applicant not be required to install a window on the south elevation because they don't feel it's necessary with the landscaping, and trash enclosure screening in that location. Board member Shankar moved to approve Chesapeake Companies' proposed design review change for a revised Buffalo Wild Wings building at the Chesapeake Retail Center located at 3091 White Bear Avenue. These changes are based on the revised Buffalo Wild Wing's building elevations and landscape plan date-stamped June 28, 2004. The developer or owner shall do the following: (changes made during the 7/27/04 community design review board meeting are underlined if added and stricken if deleted): 1. Repeat this review in two years if the city has not issued a building permit for all three buildings for this project (Buildings B, C, and D). 2. Submit the following to city staff prior to issuance of a grading or building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's April 26, 2004, engineering plan review as well as the following: A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. b. Obtain a demolition permit for the removal of the existing Maplewood Movie I Theatre building. c. Obtain the required Ramsey/Washington Metro Watershed District permits. d. Submit payment for all required Park Access Charges (PAC fees) as specified in the Park Director's April 14, 2004, correspondence to Chesapeake Companies. e. Submit an easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. f. Submit an easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. g. Submit an owner's association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). h. Submit a revised site plan showing the following: 1) The dedication of 10 feet of additional right-of-way along White Bear Avenue. 2) The dedication of 17 feet of additional right-of-way along County Road D. 3) Building C (TGI Fridays) and Building D (Jared Jewelers) shifted approximately five feet to the south, or a lesser distance, to accommodate a future driveway located to the north of Building C that would extend onto White Bear Avenue. 4) Pending continued cooperation with the adjacent property owner, show the location of a driveway and pedestrian cross-access on the south side of the property, to accommodate entrance and egress to and from the southerly property (3065 White Bear Avenue). 5) The extension of the sidewalk in front of Building A (future retail/restaurant) onto the County Road D trail. 6) A pedestrian access extending from the White Bear Avenue sidewalk. i. A revised landscape plan, subject to review and approval by staff, that shows the following: 1) Pending a shared driveway scenario with Arby's, a revised landscape plan showing the area of disturbance and landscaping proposed. 2) Seven additional trees on the west side of the property, between the sidewalk and the Maplewood Mall road. 3) Additional plantings in front of Jared Jeweler's dumpster enclosure to help screen the enclosure from White Bear Avenue. 4) A foundation landscape plan for TGI Fridays and Buffalo Wild Wings. These plans should be consistent and complement the overall landscaping and Jared Jeweler's foundation plantings, and should ensure appropriate plantings in front of all dumpster enclosures to ensure screening from the roadways. 5) An underground irrigation plan to ensure all landscaping is irrigated per city code. j. Revised building and dumpster enclosure elevations showing the following: TGI Fridays: 1) Removal of the EIFS building material and replacement with e# brick, granite, and/or stone building materials and consistent building detail, including parapet walls, on all elevations of the building. 2) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. Jared Jewelers: 1) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. Buffalo Wild Wings: 1) The removal of the split face C.M.U. on all elevations and the replacement with a brick wainscot. . The brick must be compatible with the building. 2) The addition of windows (either true or false windows), or other design elements to help break up the wall on the eautl~ west, and east elevations. 3) The addition of yellow LED panels to the west elevation. 4~~) The removal of the concrete masonry block under the Plexiglas fence, and replacement with brick, which is compatible with the building. The overall height of the fence is not to exceed 6 feet. Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. a}-A 6-foot high fence around the proposed outdoor patio to be approved by the city council prior to issuance of a liquor license for Buffalo Wild Wings. k. A revised outdoor lighting and photometric plan. The revised plan shall show the exact location, height, and style of all outdoor lights. The light illumination from all outdoor lights may not exceed .4-foot-candles at all property lines. I. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Prior to issuance of sign permits, the following must be submitted: a. Sign elevations for Buildings B, C, and D as follows: 1) One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The TGI Friday's and Jared Jeweler's freestanding signs must maintain a 5-foot setback to the White Bear Avenue right-of-way and a 10-foot setback to all side property lines. The Buffalo Wild Wing's freestanding sign must maintain a 1-foot setback to the County Road Dright-of-way and a 5-foot setback to the side property line. All three freestanding signs must have a decorative base constructed of quality building materials to match the corresponding buildings. 2) Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall area on which the sign is attached. Wall signs are not permitted on a canopy. b. A detailed landscape plan for the base of all three proposed freestanding signs. 4. Complete the following before occupying the buildings: a. Install all required exterior improvements. b. Screen all roof-mounted equipment visible from streets. 5. 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 of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 6. All work shall follow the approved plans. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. 7. Building A and signs associated with Building A are not included in this community design review approval. Board member Driscoll seconded. Ayes -Driscoll, Ledvina, Olson, Shankar The motion passed. This item goes to the city council on August 9, 2004. Agenda #K1b Applicant: Subject: Site Address: Zoning: Land Use: City Council Hearing Date: REPORT SUMMARY Chesapeake Companies Development Group Chesapeake Retail Center -Multi-Tenant Building Signage 3091 White Bear Avenue Business Commercial (BC) Business Commercial (BC) August 9, 2004 Project Description: On May 24, 2004, the city council approved a preliminary plat, planned unit development, and design review for the Chesapeake Retail Center located at 3091 White Bear Avenue. Included in the planned unit development were sign criteria for three of the four proposed buildings including Buffalo Wild Wings, Jared Jewelers, and TGI Fridays. Chesapeake Companies is now proposing sign criteria for the multi-tenant building, which is the fourth and final building proposed in the center. Requests: Chesapeake Companies Development Group is requesting a revision to their planned unit development in order to include sign criteria for the multi-tenant building. Recommendations: City staff and the community design review board recommend approval of Chesapeake Companies' planned unit development revisions. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, Planner SUBJECT: Chesapeake Retail Center -Multi-Tenant Building LOCATION: 3091 White Bear Avenue APPLICANT: Chesapeake Companies Development Group, LLC DATE: August 2, 2004 INTRODUCTION On May 24, 2004, the city council approved the Chesapeake Retail Center development located at 3091 White Bear Avenue (refer to the approved site plan on page 7). Land use approvals included preliminary plat and a planned unit development (PUD), including site plan for four buildings. The city council also approved the design review of three of the proposed buildings including Jared Jewelers, TGI Fridays, and Buffalo Wild Wings. Chesapeake Companies is now requesting an amendment to their PUD in order to include sign requirements for the multi-tenant building (refer to the application narrative and building elevations on pages 8 through 10). DISCUSSION Design Review On July 27, 2004, the community design review board (CDRB) approved Chesapeake Companies' design review of the proposed multi-tenant building to be located on the northwest corner of the Chesapeake Retail Center (refer to the 7/27/04 CDRB minutes attached). The building will be 9,620 square feet in area and 22 feet, 8 inches in height. It will be constructed of face brick, an exterior insulation finish system (EIFS - a stucco- like material), colored rock face, and clear glass windows. PUD Amendment Because Chesapeake Retail Center was approved as a PUD, the city was able to impose sign criteria on the overall development. The original PUD approval included sign criteria for Jared Jewelers, TGI Fridays, and Buffalo Wild Wings. Chesapeake Companies is now proposing signage for the multi-tenant building to include one freestanding sign and two wall signs per tenant. The freestanding sign will be 150 square feet in area and 25 feet in height and will be located 1 foot from the County Road Dright-of-way and 5 feet from the Maplewood Mall private road. The size and location is consistent with the city council's preliminary approval of the multi-tenant signage during review of the original Chesapeake Retail Center site plan. COMMITTEE ACTION On July 27, 2004, the community design review board recommended approval of Chesapeake Companies' proposed multi-tenant building elevations, sign plans, and landscape plans. RECOMMENDATION Approve the resolution on pages 13 through 15. This resolution approves Chesapeake Companies' proposed sign revisions to the conditional use permit for the planned unit development of four restaurant/retail buildings at 3091 White Bear Avenue (Chesapeake Retail Center). Approval is subject to the following conditions (additions to the original conditions are underlined and deletions are stricken): 1. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's April 26, 2004, engineering plan review as well as the following: a. A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. 2. An easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. 3. An easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. 4. An owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). 5. All 8-foot-wide parking spaces must be signed as either "employee" or "compact" car parking only. 6. Signage for Buildings B, C, and D are allowed as follows: a. One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The TGI Friday's and Jared Jeweler's freestanding signs must maintain a 5-foot setback to the White Bear Avenue right-of-way and a 10-foot setback to all side property lines. The Buffalo Wild Wing's freestanding must maintain a 1-foot setback to the County Road Dright-of-way and a 5-foot setback to the side property line. All three freestanding signs must have a decorative base constructed of quality building materials to match the corresponding buildings. Chesapeake Retail Center 2 August 4, 2004 b. Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall area on which the sign is attached. Wall signs are not permitted on a canopy. 7. Sianage for Building A (multi-tenant building) is allowed as follows: a. One freestanding sign, 25 feet in height and 150 sauare feet in area. Freestanding sign height must be measured from building grade to top of the sign, not around grade to top of sign. The multi-tenant freestanding sign must maintain a 1-foot setback to the County Road D right-of-way and a 5-foot setback from the private mall road. The freestanding sign must have a decorative base constructed of auality building materials to match the multi-tenant building. b. A comprehensive sign plan must be submitted to city staff showing the proposed sign elevations for all tenant wall signs. Wall signs are limited to two wall signs per tenant. Wall signs can be placed on the east and west elevations only. The size of the wall sign is limited to 20 percent of the cross wall area of each tenant frontage. Wall signs are limited to locos and channel letters only. Wall signs are not permitted on a canopy. 8.~ All construction shall follow the plans date-stamped March 30, 2004 and April 26, 2004, with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. 9.5- The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 10.9. The city council shall review this permit in one year. Chesapeake Retail Center 3 August 4, 2004 REFERENCE SITE DESCRIPTION Site size: 4.98 Acres Existing Use: Vacant Movie Theater SURROUNDING LAND USES North: Arbys Restaurant and County Road D South: Retail/Restaurants including Wedding Day Jewelers, Acapulco Restaurant, and future Jiffy Lube East: White Bear Avenue and Fazolies, Mama Mias, Baker's Square, and North China Restaurant West: Maplewood Mall Ring Road and Circuit City PLANNING Land Use Plan Designation: Business Commercial (BC) Zoning: Business Commercial (BC) Criteria for Approval Design Review: Section 2-290 of the city code requires that the community design review board make the following findings to approve plans: 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 or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Chesapeake Retail Center 4 August 4, 2004 Application Date We received the complete application and plans for this proposal on May 27, 2004. State law requires that the city take action within 60 days of receiving complete applications for a proposal. Because of an agreed extension, the deadline for city council action on this item is August 9, 2004. Com-Dev\Chesapeake -Multi-Tenant 8-9-04 CC Attachments: 1. Location Map 2. City Approved Site Plan 3. Application Narrative 4. Building Elevations 5. Floor Plan 6. Landscape Plan 7. PUD Resolution Chesapeake Retail Center 5 August 4, 2004 Attachment 1 - - I-694 Chesapeake Retail 3091 White Bear Avenue M plewood Mall ~~ ~~ ,-~ / wit Location Map Attachment 2 - ----e- ~2' Pakbi~ ~._ _ _.G N W E S -- - ~ -_p._______ ________ ~wwwwi ~..... as rv~ aMniw o City Approved Site Plan Attachment 3 APPLICATION NARRATIVE Community Design Review Board Application for Building The Multi-Tenant Retail Building Located Within Chesapeake Retail Center Project Narrative May 27, 2004 Introduction Chesapeake Companies Development Group, LLC is submitting the attached application for construction of a multi-tenant retail building within Chesapeake Retail Center which recently received PUD approval. This narrative describes items pertinent to the proposed building considering the approved PUD. Development Description The Multi-Tenant building will be constructed within the 4.8-acre retail center in the location designated Building A on the PUD site plan. The new retail building is designed to include up to six retail tenants. As much as one half the building is targeted for restaurant use as contemplated in the approved PUD. Site Layout and Parking The approved PUD for Chesapeake Retail Center provides for a site layout and parking adequate for the proposed use. The proposed building does not require any changes to the approved overall site plan. Building Architecture The buildings of Chesapeake Retail Center are located on the site to face a common internal parking area. The architecture of the freestanding buildings already approved within the PUD will reflect the individual tenant retail identities through the incorporation of their proprietary retail image and signs. The design of the proposed building incorporates numerous architectural features on all building elevations. Building materials are equivalent in quality to the approved retail buildings to be constructed within the center. Tenant signs will reflect their individual retail identities. Mechanical equipment is located on the roof of the building. Parapet heights of the building provide site line screening. Service area screening is provided by a combination of structural walls with wood gates and landscape plantings. Sign Plan Due to the property configuration, available access, and adjacent roadways the proposed building has frontage on three streets plus the common area of the greater development. The proposed building will reside on a corner lot. Adequate identification will be critical to ensure efficient traffic flows within the overall retail center. Consistent with the approved PUD, the tenant freestanding sign space and tenant building signage will reflect the individual tenant retail identities by utilizing their typical trademark signage. Page 1 of 2 8 Identification signs for multi-tenant Building A will include one illuminated freestanding pylon sign, and a total of two or three illuminated building fascia signs per building tenant. The pylon sign will be a maximum height of 25 feet and will include a maximum total sign copy area of 150 sf per side to be shared by all building tenants. Building fascia signs will limited to one sign per tenant exterior facade and will not exceed twenty percent of a tenant's wall surface area to which the signs are attached. The freestanding sign will have a 1 foot setback from the County Road Dright-of--way upon replatting of the 4.98 acre Chesapeake Retail Center. This setback is equal to the 1 foot setback approved with the PUD for another freestanding sign in Chesapeake Retail Center placed along County Road D. Landscaping The proposed foundation landscape plan is complementary to the common area landscape plan within the PUD. Page 2 of 2 Attachment 4 __~ _._ - - - -~ -- .,, ~~ Av 4 a + t~EASf ELEVATION ~~y ~U ~s-r~ n NORTH ELEVATION a - -- - -- 1- - 4 i ki- .\ sQ WE3T ELEVATION °"°' a 18'44 ~• ~ 1 ,- ____ ELEVATION r a-rte - ~ - -~~ ~ - Building Elevations - Multi-Tenant Building 10 Attachment 5 .era :tc: .a; " Building Floorplan - w~E Multi-Tenant Building Attachment 6 ~-~ s~a~ a me w.,r.r w / w. ~,...r i.r . sNmres - ion w•. o..eir.rw.. a ~w e r wM. nr~w ~ wiu. wu.. 'a+w/ m x..i n.n r+ / r.. w.++ w.~ rw• ~ • o.w n c m ~r .. ~r.nw..+.w~ ++.r aw.r ' ~ w air. / ~'+e. s u iitlM.i.w.w.. i ~.i ~~.w~u. a•.r arr • w !.u . ruuaius __ ~ N W E S Landscape Plan - Multi-Tenant Building 12 Attachment 7 CONDITIONAL USE PERMIT RESOLUTION NO. WHEREAS, Chesapeake Companies Development Group, LLC, applied for a conditional use permit for a planned unit development to construct four restaurant/retail buildings for a development known as Chesapeake Retail Center. WHEREAS, this permit applies to the property at 3091 White Bear Avenue. The legal description is Lot 1, Block 1, Maplewood Mall Addition. WHEREAS, the history of this conditional use permit is as follows: 1. On May 3, 2004, the planning commission reviewed this request and made a recommendation about this permit. 2. On May 24, 2004, the city council held a public hearing. 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 from 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 use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 13 Approval is subject to the following conditions: Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's April 26, 2004, engineering plan review as well as the following: a. A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. 2. An easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. 3. An easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. 4. An owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). 5. All 8-foot-wide parking spaces must be signed as either "employee" or "compact" car parking only. 6. Signage for Buildings B, C, and D are allowed as follows: a. One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The TGI Friday's and Jared Jeweler's freestanding signs must maintain a 5-foot setback to the White Bear Avenue right-of-way and a 10-foot setback to all side property lines. The Buffalo Wild Wing's freestanding must maintain a 1-foot setback to the County Road Dright- of-way and a 5-foot setback to the side property line. All three freestanding signs must have a decorative base constructed of quality building materials to match the corresponding buildings. b. Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall area on which the sign is attached. Wall signs are not permitted on a canopy. 7. Sianaae for Building A (multi-tenant buildina) is allowed as follows a. One freestandina sign 25 feet in height and 150 sauare feet in area Freestandina sian heiaht must be measured from buildina grade to top of the sian, not around grade to top of sian. The multi-tenant freestandina sign must maintain a 1-foot setback to the County Road Dright-of-way and a 5-foot setback from the private mall road. The freestanding sign must have a decorative base constructed of auality buildina materials to match the multi-tenant buildina b. A comprehensive sian plan must be submitted to city staff showing the proposed sian elevations for all tenant wall sians Wall signs are limited to two wall sians per tenant. Wall sians can be placed on the east and west elevations only The size of the wall sian is limited to 20 percent of the aross wall area of each tenant frontage. Wall sians are limited to logos and channel letters only Wall signs are not permitted on a canopy. 14 8. All construction shall follow the plans date-stamped March 30, 2004 and April 26, 2004, with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. 9. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 10. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on ~~ ~", ~^^"August 9. 2004. 15 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 27, 2004 b. Chesapeake Retail Center - 2) Multi-Tenant Building Ms. Finwall said on May 24, 2004, the city council approved the Chesapeake .Retail Center development located at 3091 White Bear Avenue. Chesapeake Companies is now requesting design review approval of their proposed multi-tenant building to be located on the northwest corner of the site. The proposed multi-tenant building will be 9,620 square feet in area and 22 feet, 8 inches in height. It will be constructed of face brick, an exterior insulation finish system (EIFS-a stucco like material), colored rock face, and clear glass windows. Because all four elevations of the multi-tenant building will be very visible, each elevation should be constructed of the same quality materials. Staff recommends that the west elevation (toward the Maplewood Mall private road) be revised to reflect a 2-foot, 8-inch high colored rock face wainscot on the bottom of the wall (matching the other three elevations), with the remainder of the wall, up to the EIFS, constructed of face brick. In addition, staff recommends additional screening of the mechanical units with an extension of the parapet walls or other means. Chairperson Ledvina asked if the board would see signage on the south elevation of the building? Ms. Finwall said staff recommends wall signage be located on the east and west elevation facing the parking lot and the ring road. Board member Olson asked staff what type of signage would be used on this multi-tenant building? Ms. Finwall said currently the code states the signage can be up to 20% of the gross wall area for the tenant frontage, which could include a cabinet sign or individual letters. Chairperson Ledvina asked if this type of building qualifies for a comprehensive sign plan? Ms. Finwall said the city sign code requires a comprehensive sign plan for multi-tenant buildings with five or more tenants but staff is not sure how many tenants they plan on having in this multi-tenant building. However, because of the overall PUD and sign requirements the CDRB in essence is approving a comprehensive sign plan. Board member Shankar asked if staff is recommending that the parapet walls extend up all around the building? Ms. Finwall said staff was recommending additional screening to screen the mechanical units on the roof of the building, which could be done by extending the parapet walls around the roofline. Chairperson Ledvina asked the applicant to address the board. Mr. Steven Doughty, Architect with Pope Associates, St. Paul, addressed the board. They have a materials board for the board to review. They have adjusted the roof and parapet wall elevation, which will screen the rooftop units. Regarding the signage they will have a junction box provided at each sign location on the front and west elevation and prepped for each tenant's internally illuminated sign. Board member Olson asked if they had a standard size they would propose the tenants conform to or would they allow the tenants to chose their sign preference? Mr. Wurst said the plan for the building would be to have the signs consistent with the individual tenants trademark identity signage. That was approved by the city council for the three other buildings and they contemplated doing the same for the multi-tenant building. They will follow the city sign code but beyond that they did not anticipate any additional restrictions other than using the 20% coverage of the tenant wall space. Board member Olson asked if they were proposing to use a standard illuminated box that the clients can screen their personal logos on? Mr. Wurst said the intention was to allow the tenants use their trademark signage whether it is channel letters or cabinet type signage. This is consistent with the way the TGI Fridays, Buffalo Wild Wings and Jared Jeweler buildings had been addressed for signage. Board member Olson said however, those are three individual building units and this is a single building structure. Mr. Wurst said he understood. Mr. Wurst said they have not marketed the building at this point but he imagined there would be four maybe five tenants in the building. The multi-tenant building exceeds the height of a typical sized building so the building is already taller and would be adequately screened so you could not see the rooftop units on the roof of the building. Board member Driscoll said she is concerned about the signage on the building because it sounds like there can be variations in color and materials used. It seems like this is such a big portion of the building and maybe this should be addressed. Mr. Wurst said the Simon Property owners group of the Maplewood Mall stated they have a preference for individual channel letters. The signage for the building has to go through the City of Maplewood for approval and to the Simon Property group for approval. To an extent they are being policed by the Simon Property group with their preference for channel letters, which governs the overall mall area. Chairperson Ledvina asked staff for comments on the comprehensive sign plan and the elevations. Ms. Finwall said staff recommended the face brick on the west elevation be substituted for the rock face because of the visibility of that elevation to the Maplewood Mall ring road. However, staff originally required trees and other landscaping along that elevation, which would help screen the area. Because this is a PUD, the city was able to require specific sign conditions, so the sign requirements are in essence a comprehensive sign plan. She would recommend individual channel letters be used as opposed to the cabinet style signage. If the board wanted to include that language it could be added to page 4 item 3. Chairperson Ledvina agreed with staff's recommendation to have a darker brick on the west elevation. He thinks it would help to improve the overall visual impression of the building. He thinks the west elevation should look like the east elevation and should have the darker brick brought all the way up the column. He would also support staff's recommendation for the signage and feels it should be consistent. Board member Olson agreed. She would rather see a variety of signage on the building and not see uniform signage all the way across the building in the same color and lettering such as the St. Paul Business Center off 35E and Roselawn Avenue. Mr. Wurst asked the board if it would be okay for Chesapeake Companies to work with staff on the sign plan? Chairperson Ledvina said that would be agreeable to the board. Mr. Wurst said the applicant would prefer to use a quality material other than the brick product the board is recommending to use. Using the thicker brick product would decrease the size of the interior of the building. Board member Shankar asked if they would be opposed to the 2-foot 8-inch high rock face CMU band on the west elevation? Mr. Wurst said they are supportive of a rock cast product could continuing around the west elevation to be consistent with the rest of the building. Mr. Doughty said if they use the rock cast product that would be a 4-inch veneer that would add to the depth of the building and would reduce the size of the building by 4 inches. They would prefer to use the rock face block and match the cream colored block. Board member Shankar said his personal feeling is that would add the required amount of differentiation the board is looking for without adding brick on the west side. Board member Olson is okay with changing the color on the top of the columns. She asked if the board is requesting the applicant add wainscoting all the way around the back of the building? Board member Shankar said yes the applicant should add wainscoting 2-feet 8-inches high. Board member Olson is fine using a veneer product but the issue of changing the structural parts from rock cast to a block with a veneer product sounds like the applicant preferred not to do that. Her concern is that the products match in color or texture if at all possible. Board member Shankar asked if the applicant could go over the materials board. Mr. Doughty reviewed the materials as they would be used on the building. Chairperson Ledvina asked the applicant if they were really that concerned about adding four inches to the building exterior, which equals 50 square feet less in a 10,000 square foot building? Mr. Doughty said yes they are. Board member Shankar moved to approve Chesapeake Companies' multi-tenant building and landscape plans date-stamped May 27, 2004, to be located within the Chesapeake Retail Center development at 3091 White Bear Avenue. The developer or owner shall do the following: (changes made during the 7/27/04 CDRB meeting are underlined if added and stricken if deleted.) Repeat this review in two years if the city has not issued a building permit for the multi- tenant building. 2. Submit the following to city staff prior to issuance of a grading or building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's April 26, 2004, engineering plan review as well as the following: A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. b. Obtain a demolition permit for the removal of the existing Maplewood Movie I Theatre building. c. Obtain the required Ramsey/Washington Metro Watershed District permits. d. Submit payment for all required Park Access Charges (PAC fees) as specified in the Park Director's April 14, 2004, correspondence to Chesapeake Companies. e. Submit an easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. Submit an easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. g. Submit an owner's association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing) h. Submit a revised site plan showing the following: 1) The dedication of 10 feet of additional right-of-way along White Bear Avenue. 2) The dedication of 17 feet of additional right-of-way along County Road D. 3) Pending continuation cooperation with the adjacent property owner, show the location of a driveway and pedestrian cross-access on the south side of the property, to accommodate entrance and egress to and from the southerly property (3065 White Bear Avenue). 4) The extension of the sidewalk in front of Building A (future retail/restaurant) onto the County Road D trail. 5) A pedestrian access extending from the White Bear Avenue sidewalk. A revised landscape plan, subject to review and approval by staff, that shows the following: 1) Pending a shared driveway scenario with Arby's, a revised landscape plan showing the area of disturbance and landscaping proposed. 2) Seven additional trees on the west side of the property, between the sidewalk and the Maplewood Mall road. 3) Additional plantings in front of Jared Jeweler's dumpster enclosure to help screen the enclosure from White Bear Avenue. 4) A foundation landscape plan for TGI Fridays and Buffalo Wild Wings. These plans should be consistent and complement the overall landscaping and Jared Jeweler's foundation plantings, and should ensure appropriate plantings in front of all dumpster enclosures to ensure screening from the roadways. 5) An underground irrigation plan to ensure all landscaping is irrigated per city code. j. Revised building elevations to be approved by staff prior to issuance of a building permit showing the following: 1) The west elevation (toward the Maplewood Mall private road) must be revised as follows: a. A 2-foot, 8-inch-high colored rock face wainscot on the bottom of the wall (matching the other three elevations). b. The colored rock-face C.M.U. extending from the rock face wainscot to the EIFS must be of a color that matches or is compatible to the darker brick on the building. c. The pilasters must have a 2-foot 8-inch-hiah colored rock face wainscot with fact brick extendinclfrom the rock face wainscot to the top of the pilaster. 2) Revised elevations of all sides of the building showing the drop of the roof elevation and extension of the parapet walls to ensure screening of the rooftop mechanical equipment from White Bear Avenue and County Road D. k. A revised outdoor lighting and photometric plan. The revised plan shall show the exact location, height, and style of all outdoor lights. The light illumination from all outdoor lights may not exceed .4-foot-candles at all property lines. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Prior to issuance of sign permits for the multi-tenant building, the following must be submitted: a. Sign elevations and plans for one freestanding sign, which cannot exceed 25 feet in height and 150 square feet in area. The freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The multi-tenant freestanding sign must maintain a 1-foot setback to the County Road Dright-of-way and a 5-foot setback from the private mall road. The freestanding sign must have a decorative base constructed of quality building materials to match the multi-tenant building. b. A comprehensive sign plan showing the proposed sign elevations for all tenant wall signs. .Wall signs limited to two wall signs per tenant. Wall signs can be placed on the east and west elevations only. Size of the wall sign is limited to 20 percent of the gross wall area of each tenant frontage. Wall signs are limited to logos and channel letters only. Wall signs are not permitted on a canopy. 4. Complete the following before occupying the buildings: a. Install all required exterior improvements. b. Screen all roof-mounted equipment visible from streets. 5. 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 of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 6. All work shall follow the approved plans. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. Board member Driscoll seconded. Ayes -Driscoll, Ledvina, Olson, Shankar The motion passed. This item goes to the city council on August 9, 2004. AGENDA ITEM K-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: R. Charles Ahl, Director of Public Works/City Engineer SUBJECT: Legacy Village Master Streetlight Plan, Project 04-23 -Review of Streetlight Design Concepts and Resolution Approving Plans and Specifications and Authorization to Receive Bids DATE: August 2, 2004 Introduction The Legacy Village project includes improvements to street corridors. Within those corridors, streetlights are required as part of the overall proposal. The design engineer is prepared to present a number of options for the decorative lights. Once a final option is selected, authorization to receive bids for the selected alternative is recommended. Background The Kennard Street and Legacy Parkway projects have already been assessed to the adjacent property owners, mainly the developers of each parcel within Legacy Village. The installation of streetlights was included within those assessments and project budgets. Street lighting is proposed to be installed as a part of the city's improvements along Kennard Street between Beam Avenue and County Road D and along Legacy Parkway between Hazelwood Street and Southlawn Drive. Three options have been selected and coordinated with the developers. These options will be presented to the City Council for review. The selected option of decorative lighting will be the design theme for the roadways and for the Legacy Village area. Jay Cain and Jon Horn from our design consultant will be presenting these options. They also will be presenting the options to the Community Design Review Board (CDRB) who will be making a recommendation to the City Council as well. The City Council should select a single alternative that will become the standard for this area. A single streetlight style will allow for the lowest cost of maintenance and installation and should provide a decorative theme that will be used to identify the area. Upon approval of the selected alternative, it is appropriate that bids be received from contractors for the installation within the selected street segments. These projects are proceeding quickly and construction coordination requires that the streetlights be installed in 2004. Approval of authority to receive bids is requested. Budaet Imaact The costs of the improvements are included within the assessments for the Kennard Street, County Road D, and Legacy Parkway improvement projects. City Council Agenda Background Legacy Village Master Streetlight Plan August 9, 2004 Page Two Recommendation It is recommended that the city council select a streetlight design. concept for the Legacy Village area and approve the attached resolution that approves the plans and specifications for the selected lighting concept and authorizes the receipt of bids on Friday, September 10, 2004 at 1.0;00 am. Attachment: Resolution RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on June 28, 2004, plans and specifications for street lighting along Legacy Parkway from Hazelwood Street to Southlawn Drive, City Project 03-26, along Kennard Street from Beam Avenue to County Road D, City Project 03-04, along County Road D from Southlawn Drive to 500 feet west of Hazelwood Street, City Project 02-07, and along Hazelwood Street from County Road D to Beam Avenue, City Project 03-39, including accent lighting for landscape, signage and similar applications along Legacy Parkway, County Road D, Hazelwood Street and Kennard Street and within the roundabout at the Legacy Parkway and Kennard Street intersection, along with electrical service provisions for Legacy Village Park along the south side of Legacy Parkway between Kennard Street and Southlawn Drive, have been prepared by Kimley-Horn & Associates under the direction of the city engineer, who has presented such plans and specifications to the city council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications for the Legacy Village Streetlight Improvements, City Project 04-23, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such combined improvement under such approved plans and specifications. The advertisement shall be published twice, at least three weeks 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 10t" of September, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of September 13, 2004. Approved this 9t" day of August 2004. AGENDA ITEM K-3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: County Road D Realignment West (TH 61 to Highridge Court), City File 02-08 - Approve Agreement with Trout Land, LLC DATE: August 3, 2004 Introduction On February 9, 2004, the city council conducted a public hearing and authorized the preparation of plans and specifications for the realignment of County Road D on the west side of Trunk Highway 61 to Highridge Court. A majority of the newly aligned roadway crosses property owned by Trout Land, LLC. An agreement has been negotiated with Trout Land, LLC to address numerous issues associated with the proposed construction of County Road D including the acquisition of the right-of- way and easements needed for the construction of the roadway and associated utilities. The agreement is presented to the city council for approval. Background On December 9, 2002, the city council approved a resolution to proceed with a project to realign County Road D from Hazelwood Street to TH 61 and from TH 61 to Highridge Court. That resolution was the culmination of many hours of discussion and debate with staff, agencies, other communities and property owners that occurred over many years. On May 12, 2003, the city council selected a final alignment for new County Road D. The city council received a petition from Trout Land, LLC on November 10, 2003, for the construction of County Road D between TH 61 and Highridge Court and authorized preparation of a preliminary report for the improvement. Following the public hearing on February 9, 2004, the city council authorized the preparation of plans and specifications for the project. On June 28, 2004, the council approved the final plans and specifications for the realignment of County Road D between TH 61 and Highridge Court and authorized advertisement for bids. Bids for the project are proposed to be received on August 13, 2004, and it is anticipated that the city council will be asked to award a construction contract for the project on August 23, 2004. Construction is currently planned to begin in late August/early September 2004. The city council approved an exchange agreement with Trout Land, LLC on February 23, 2004, that authorized the exchange of excess Trunk Highway 61 easement area for a portion of the right-of-way required for the realignment of County Road D and for the property required for the construction of an associated frontage road. On February 23, 2004, the city council also authorized a proceeding subsequent in Ramsey County District Court to allow Trout Land to acquire certificate of title to the excess Trunk Highway 61 property. The proceeding subsequent process was completed on July 21, 2004, and Trout Land now has title to this property. The city must still vacate their existing easement over the excess Trunk Highway 61 property. As noted, a majority of the right-of-way and easements required for this project are across property owned by Trout Land, LLC. The attached agreement provides for all the access, permanent easement and fee title acquisitions with Trout Land. City staff has been in discussions and negotiations with Trout Land for over a year and a half, assembling the project impacts/issues into a final agreement. The attached agreement is a result of the discussions/negotiations. City Council Agenda Background Trout Land, LLC Agreement August 9, 2004 Page Two Summary of Aareement The agreement has numerous sections that are summarized below: Prokosch Property Purchase: The agreement requires that Trout Land purchase the Prokosch property along the northerly border of the Trout Land property to facilitate the construction of County Road D. There is no compensation due Trout Land from the city for this purchase. LaMettry Property Purchase: The agreement requires that Trout Land purchase a portion of the LaMettry property along the southerly border of the Trout Land property to facilitate the construction of County Road D. There is no compensation due Trout Land from the city for this purchase. Exchange Agreement: The city and Trout Land have executed an Exchange Agreement that provides for the exchange of approximately 109,200 square feet of County Road Dright-of- way for the city's vacation of its easement interests in excess Trunk Highway 61 property along the easterly border of the Trout Land property. There is no other compensation due Trout Land from the city for the right-of-way. The city agrees to initiate a proceeding subsequent to allow Trout Land to obtain certificate of title to the excess Trunk Highway 61 property. Trout Land agrees to reimburse the city in the amount of $10,000 for the costs and expenses of the proceeding subsequent. Right of Access: The city project requires access across the Trout Land, Prokosch and LaMettry properties. Trout Land granted the rights to cross their properties to construct County Road D and the associated utilities. Consistent with past practice for right-of-entry from other properties in the project area, the city is compensating Trout Land $135,000 for this granting of access. Prokosch Property Permanent Right-of-Way: Trout Land will dedicate to the city approximately 62,000 square feet of right-of-way through the Prokosch property for the construction of County Road D. The city is compensating Trout Land $263,500 for the right- of-way. Storm Water Ponding Easement: Trout Land will dedicate to the city approximately 54,500 square feet of permanent easement on the Prokosch property for the construction of a city storm water pond. There is no compensation due Trout Land from the city for this easement. Frontage Road Parcel and Trail Easement: Trout Land will dedicate to the city approximately 11,400 square feet of property along the southerly border of the Trout Land property for the construction of a frontage road. In addition, Trout Land will dedicate a public trail easement through the LaMettry property and/or Trout Land property for the construction of a public trail link between County Road D and Duluth Street. The city is compensating Trout Land $125,000 for the frontage road parcel and the trail easement. Frontage Road Cross Access Agreement: Trout Land is required to execute a cross access agreement with Guldens, Venburg Tire, Maplewood Toyota and LaMettry's Auto Body for the use and maintenance of a private frontage road along the south side of County Road D. There is no compensation due Trout Land from the city for the execution of this agreement. City Council Agenda Background Trout Land, LLC Agreement August 9, 2004 Page Three Mass Grading for County Road D: Trout Land will perform the mass grading required for the city's construction of County Road D. There is no compensation due Trout Land from the city for the grading work. Waiver of Assessment Appeal: Trout Land agrees to waive their rights to appeal the assessments proposed against the Trout Land, Prokosch and LaMettry properties for the County Road D improvements. The total assessment amounts are as follows: Trout Land Property Prokosch Property LaMettry Property Total Total Assessments $ 647,488.00 $ 278,472.00 $ 46,496.00 $ 972,456.00 The city agrees to allow Trout Land to pay these assessments over a fifteen year period at an interest rate of 5.0%. Park Dedication Fees: Trout Land or subsequent land owners/developers agree to pay park dedication fees in the total amount of $182,251 for the Trout Land, Prokosch and Lamettry properties. Excess Soils Stockpile: Trout Land agrees to allow the city to temporarily stockpile up to 40,000 cubic yards of excess soils on the Trout Land property as a part of the city's construction of the County Road D frontage road. Excess Prokosch Property Dedication: Trout Land agrees to dedicate to the city a portion of the Prokosch property designated as Outlot C on the preliminary plat. There is no compensation due Trout Land from the city for this dedication. Highridge Development Storm Drainage: The Trout Land development must consider the need to provide an outlet for an existing storm water pond on the adjacent Highridge development. Trout Land agrees to construct the outlet and dedicate the necessary drainage and utility easement for this outlet. There is no compensation due Trout Land from the city for this dedication. Watermain Easement: Trout Land agrees to dedicate a utility easement across the Trout Land and/or LaMettry properties for a proposed watermain connection between County Road D and Duluth Street. There is no compensation due Trout Land from the city for this dedication. Pedestrian and Trail Corridor Easement: Trout Land agrees to dedicate a pedestrian and trail corridor easement along the common lot line of the Trout Land and Prokosch properties. There is no compensation due Trout Land from the city for this dedication. County Road D Access: The city agrees to provide Trout Land a full driveway access to new County Road D no further east than 450 feet west of Trunk Highway 61. Frontage Road Access: The city agrees to provide the LaMettry property access to County Road D from a private frontage road to be constructed by the city. City Council Agenda Background Trout Land, LLC Agreement August 9, 2004 Page Four Storm Water Ponding Requirements: The city agrees to waive its storm water ponding requirements for the Trout Land, Prokosch and LaMettry properties. Tax Abatement: The city agrees to consider spay-as-you-go Tax Abatement plan for the Trout Land property. The Tax Abatement consideration shall be limited to the commercial/retail property only and shall be limited to a maximum amount of $800,000 with a guaranteed payment of $385,000. In exchange for the city considering Tax Abatement for the Trout Land property, the city's right-of-entry/easement payments included in the agreement of $135,000 and $125,000 shall be pay-as-you-go instead of direct cash payment. Setback Requirement Variance: The City agrees to allow a variance to the 350-foot setback requirement for the portion of the Trout Land property proposed for automotive related development to the portion of the Trout Land property proposed for residential development. Trout Land agrees to meet the 350-foot setback requirement for the existing residential properties along the westerly border of the Trout Land property. (Note: This is the same variance that was granted to Venburg Tire with their site plan approval.) Budget Impact The $523,500 expense is consistent with the amounts included in the project budget as established by the preliminary report. The proposed pay-as-you-go Tax Abatement would reduce the city's direct cash payment to $263,500. Adequate funding should, therefore, be available for these acquisition costs within the project fund. Recommendation It is recommended that the city council approve the attached Agreement with Trout Land, LLC, which approves the payment amounts for right-of-entry, easement and right of way acquisitions for the County Road D Realignment Project between Trunk Highway 61 and Highridge Court and authorizes the Mayor and City Manager to sign said agreement signifying the City's approval. RCA Attachments: Agreement AGREEMENT This Agreement, dated August , 2004, is between the City of Maplewood, a Minnesota municipal corporation (hereina$er "City') and Trout Land, LLC, a limited liability company in the State of Minnesota ("Trout Land"). WHEREAS, the City is undertaking a project known as the County Road D (West) Improvements, Project Number 02-08; WHEREAS, Trout Land owns property in the Project Area, legally described as: That part of Lot 1, Block 5, Frattalone's Highpoint Ridge, lying East ofthe West line of Section 3, Township 29, Range 22, Ramsey County, Minnesota. "Trout Land Property; ' WHEREAS, Trout Land is in the process ofpurchasing additional property that is adjacent to the northern property line of the Trout Land Property and is also in the Project Area, legally described as: West 430.6 feet of East 661.6 feet of North 605 feet of Northeast Quarter (subject to road and easement) of Section 4, Township 29, Range 22, Ramsey County, Minnesota. "Prokosch Property;' WHEREAS, Trout Land is also in the process ofpurchasing additionalpropertythat is adjacent to the southern property line of the Trout Land Property and is also in the Project Area, legally described as: The westerly 223.4 feet of the easterly 723.40 feet of the northerly 409.5 feet ofthe said Southeast Quarter of the Northeast Quarter of said Section 4, Township 29, Range 22, Ramsey County, Minnesota. And The westerly 197.4 feet of the easterly 723.40 feet lying southerly of the southerly line of the northerly 409.5 feet of said Southeast Quarter of the Northeast Corner of said Section 4 and northerly of the southerly line of the northerly 469.5 feet of said Southeast Quarter of the Northeast Corner of said Section 4. "LaMettry Property; ' WHEREAS, Trout Land and the City executed an Exchange Agreement on February 27, 2004, which provided that Trout Land dedicate approximately 109,200 square feet of the Trout Land Property to the City for right-of--way purposes in consideration for the City's vacation of its easement interests in the Highway 61 Property and the City's commencing a proceeding subsequent on behalf of Trout Land in District Court; and NOW THEREFORE, the City and Trout Land agree to make the following agreement with respect to the Project and its effect on the Trout Land Property, Prokosch Property and LaMettry Property: 1. Trout Land represents and warrants to the City that: A. It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officer of Trout Land who did or will execute the same for and on behalf of Trout Land has the power and the authority to do so and to bind Trout Land. As for the LaMettry and Prokosch properties, Trout Land is in the process of purchasing them. This Agreement is contingent upon Trout Land closing on both the LaMettry and Prokosch properties. B. It will act reasonably and exercise due diligence in the performance ofthe acts permitted or required under this Agreement. C. It will cooperate with all reasonable requests by the City related to this Agreement that do not detrimentally affect the basis of the terms of this Agreement. 2. Trout Land shall perform the following: A. Purchase the Prokosch Property with a scheduled closing date prior to August 6, 2004. B. Purchase the LaMettry Property with a scheduled closing date prior to August 6, 2004. C. Grant the City aright-of--entry over the Trout Land Property, Prokosch Property and LaMettry Property in order to construct the City's public improvements. The boundaries of the right-of--entry area shall be defined by the construction limits identified in the final plans and specifications for the construction of new County Road D. This right-of--entry shall commence on August 2, 2004 and terminate on August 31, 2005. Compensation by the City to Trout Land for this right-of--entry is outlined in Section 3 of this Agreement. D. Dedicate fee title to the City for the right-of--way required for the construction of new County Road D through the Trout Land Property, approximately 109,200 square feet. This dedication shall be at no cost to the City pursuant to the terms of the parties' Exchange Agreement. The final area of the right-of--way is subject to minor alignment adjustments by the City based upon the final alignment of the roadway. E. Dedicate fee title to the City for the right-of--way required for the construction ofthe new County Road D through the Prokosch Property, approximately 62,000 square feet. The final area of the right-of--way is subject to change by the City based upon the final alignment of the roadway. Compensation by the City to Trout Land for this dedication is outlined in Section 3 of this Agreement. F. Dedicate to the City at no cost an easement for a storm water pond along the west side of County Road D on the Prokosch Property. The total estimated area of this easement is 54,500 square feet. The City reserves the right to change the easement area based upon the final design of the storm water pond. Compensation by the City to Trout Land for this dedication is outlined in Section 3 of this Agreement. G. Dedicate to the City fee title to a triangular parcel between the proposed County Road D right-of--way and the north line of the Gulden's property to allow for the construction of a frontage road in the area. The estimated area for this dedication is 11,400 square feet. Compensation by the City to Trout Land for this dedication is outlined in Section 3 of this Agreement. H. Dedicate to the City a 30-foot wide public trail easement through the LaMettry Property and/or Trout Land Property for the construction of a public trail link between County Road D and Duluth Street. The location of the easement shall be coordinated with Trout Land's future development plans for the LaMettry Property. Compensation by the City to Trout Land for this dedication is outlined in Section 3 of this Agreement. L Execute a cross access easement agreement with Guldens, Venburg Tire, Maplewood Toyota and LaMettry's Auto Body for use and maintenance of the private frontage road. J. Perform the mass roadway grading required for the City's construction of proposed County Road D with respect to the Trout Land Property and Prokosch Property. The roadway subgrade must be graded to within 0.5 feet ofproposed roadway profiles/cross- sections. Mass grading must be completed by August 23, 2004. K. Complete an as-built certification upon completion of the grading work described in the above paragraph in order to verify that the specified tolerance has been met. This survey must be completed by August 27, 2004. L. Pay to the City $647,488.00 in assessments for roadway, storm drainage, sanitary sewer and water main improvements for the Trout Land Property. The breakdown of assessments is as follows: Roadway $363,048.00 Sanitary Sewer $116,694.00 Storm Sewer $ 62,370.00 Water Main $105,376.00 Total $647,488.00 Trout Land has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Trout Land Property with the amount to be $647,488.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Trout Land expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). M. Pay to the City $278,472.00 in assessments for roadway, storm drainage, sanitary sewer and water main improvements for the Prokosch Property. The breakdown of assessments is as follows: Roadway $179,760.00 Old County Road D Reconstruction $ 4,300.00 Sanitary Sewer $ 28,890.00 Storm Sewer $ 17,820.00 Water Main $ 47,702.00 Total $278,472.00 Trout Land has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Prokosch Propertywiththe amount to be $278,472.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Trout Land expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). N. Pay to the City $46,496.00 in assessments for roadway and water main improvements for the LaMettry Property. The breakdown of assessments is as follows: Roadway $ 36,960.00 Water Main $ 9,536.00 Total $ 46,496.00 Trout Land has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the LaMettry Property to be $46,496.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Trout Land expressly agrees to waive the notice ofhearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). O. Pay to the City park dedication fees in the total amount of $182,251 for the development of the Trout Land Property, Prokosch Property and LaMettry Property. The park dedication fees shall be paid at the time of building permit application. Individual developments shall pay a portion of the total park dedication fee amount based upon the City's 2004 P.A.C. rates. P. Pay to the City $10,000.00 by August 6, 2004 for reimbursement of the City's costs and expenses incurred of bringing the proceeding subsequent on Trout Land's behalf in District Court for the Highway 61 Property. Q. Allow excess soils resulting from the City's public improvements to be temporarily stockpiled on the Trout Land Property. The excess soils shall be allowed to be stockpiled between May 3, 2004 and August 31, 2004. The total amount of soil to be stockpiled on the site will not exceed 40,000 cubic yards. The stockpile location(s) shall be as agreed upon with Trout Land. The excess soils will be removed from the Trout Land Property on or before August 31, 2004 at no cost to Trout Land. R. Dedicate to the City at no cost a portion of the Prokosch Property designated as Outlot C on the preliminary plat. S. Install storm sewer across the Trout Land Property between the pond on the adjacent Highridge development and proposed County Road D. Trout Land shall dedicate the necessary drainage and utility easement for this storm sewer. If the exact size and location of the easement has not been determined at the time of final plat, Trout Land will be required to pay a $5,000.00 escrow as surety for the easement. T. Dedicate to the City at no costa 30-foot utility easement across the Trout Land Property and/or the LaMettry Property for a proposed water main between the water main stub east of Duluth Street and the water main along proposed County Road D. If the exact size and location of the easement has not been determined at the time of final plat, Trout Land will be required to pay a $5,000.00 escrow as surety for the easement. U. Dedicate to the City at no cost a minimum 50-foot-wide pedestrian and trail corridor easement located in the utility easement along the common lot line of the Trout Land Property and the Prokosch Property. The easement should extend from the County Road Dright-of--way to the west property line. If the exact size and location of the easement has not been determined at the time of final plat, Trout Land will be required to pay a $5,000.00 escrow as surety for the easement. The City shall perform the following: A. Provide Trout Land with full driveway access to the new County Road D at a location no further east than approximately 450 feet west of TH 61. The 450 feet shall be measured along the centerline ofproposed County Road D from the westerlyright-of--way line ofTH 61. This access shall serve the Trout Land Property on the north and the Gulden's/Venburg Tire frontage road on the south. The proposed driveway location has been determined based upon sight distance issues on County Road D and the need to provide adequate spacing for the queuing of vehicles at the County Road D and TH 61 intersection. B. The LaMettry Property shall be provided access to County Road D from a private frontage road to be constructed south ofproposed County Road D through the Gulden's/Venburg Tire property, a portion of the frontage road being built along the common lot line between the LaMettry Property and the Gulden's/Venburg Tire property. C. Waive its storm water ponding requirements for the Trout Land Property, the LaMettry Property, and the Prokosch Property. This waiver is based on the City's engineering principles, studies and compliance with the Ramsey County Watershed and other agencies' requirements. D. Allow Trout Land, LLC to pay the assessments described in Paragraphs 2 (L), 2 (M), and 2 (N) of this Agreement over a fifteen (15) year period at an interest rate of 5.0%. E. Pay Trout Land $135,000.00 for the City's right-of--entry onto the Trout Land Property, Prokosch Property, and LaMettry Property, described in Paragraph 2 (C) of this Agreement. F. Pay Trout Land $263,500 for fee title for the City's right-of--way through the Prokosch Property, described in Paragraph 2 (E) of this Agreement. G. Pay Trout Land $125,000 for fee title to the 11,400 square foot triangularparceldescribed in Paragraph 2 (G) of this Agreement, and for the public trail easement through the LaMettry Property and/or the Trout Land property, described in Paragraph 2 (H) of this Agreement. H. The City shall pay Trout Land the amounts described in Paragraph 3 (E), 3 (F), and 3 (G) upon completion of all of Trout Land's obligations under this Agreement. Upon determination by the City Engineer of satisfactory completion of all Trout Land obligations, the City shall arrange payment of all funds identified within this agreement within 30 days. The City agrees to consider apay-as-you-go Tax Abatement plan for the Trout Land Property. The Tax Abatement consideration shall be limited to the CommerciaURetail property only and shall be limited to considerations as follows: • Up to $300,000 of the assessment proposed to be levied on the Trout Land Property. • Up to $10,000 for reimbursement of the cost of the proceeding subsequent action. • Up to $230,000 for grading costs related to removal of excess soils. In exchange for the City considering Tax Abatement for the Trout Land Property, the following shall apply, only if the Tax Abatement plan is approved by both the City and Trout Land: • The $135,000 payment for the City's right of entry shall be paid by the City aspay-as- you-go reimbursement instead of a direct cash payment. • The $125,000 payment for the easements on the LaMettry Property shall be paid by the City as pay-as-you-go reimbursement instead of a direct cash payment. Therefore, tax abatement consideration by the City shall be limited to a maximum of the following: $300,000 for assessments $ 10,000 for the proceeding subsequent action $230,000 for excess soil operations $135,000 for payment of the right of entry $125,000 for payment of the easement acquisition $800,000 total pay-as-you-go Tax Abatement plan Under the pay-as-you-go Tax Abatement plan, the City would guarantee payment of the proceeding subsequent actionpayment ($10,000), the right ofentrypayment ($135,000), and the easement acquisition payment ($125,000), plus 50% ofthe excess soil operations ($115,000). This amounts to a guaranteed payment to Trout Land under the Tax Abatement plan of $385,000. The City agrees to allow a variance to the 350 foot setback requirement for the portion of the Trout Land Property proposed for automotive related development to the portion of the Trout Land Property proposed for residential development. Trout Land agrees to meet the 350 foot setback requirement for the existing residential properties along the westerly border of the Trout Land Property. 4. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. Arbitration. It is agreed by the parties that any differences, dispute or claim which arises under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days a$er the response notice stated above. Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. 6. The City's and Trout Land's obligations under this Agreement shall be conditioned, for the sole benefit of the City and Trout Land, upon the following: A. Contingent upon review and approval of final terms by the City Council. B. Contingent upon Trout Land closing on the purchase of the LaMettry Property and the Prokosch Property. C. Contingent upon Trout Land obtaining a Certificate of Title in its name for the Highway 61 Property and the parties' fizlfilhllent of the terms of the Exchange Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. TROUT LAND, LLC CITY OF MAPLEWOOD By: By: Date Robert Cardinal Date Its: Its: Mayor By: Richard Fursman Date Its: City Manager