HomeMy WebLinkAbout1987 11-09 City Council PacketMINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 24, 1987
Council Chambers, Municipal Building
Meeting No. 87 -17
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the
Council Chambers, Municipal Building, and was called to order at 7:01 P.M. by
Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Legal Advice
2. St. Paul Paper Access
4. Lillie News
Seconded by Councilmember Juker. Ayes - all.
E. CONSENT AGENDA
Council removed Item E -4 to become Item I -10.
Mayor Greavu moved, S
Consent Agenda, Items
1. Accounts Payable
And
as
Approved the accounts (Part I - Fees, Services, Expenses check register dated
August 13, 1987 through August 17, 1987 - $445,037.17 : Part II - Payroll
dated 8- 21 -87, gross amount $144,711.48) as submitted.
2. Easement Agreement - Beam Avenue Water Main - Project 84 -12.
Resolution No. 87 - 8 - 153
WHEREAS, the Council has ordered made City Project 84 -12, Beam Avenue
Trunk Water Main, and
WHEREAS, the Council has levied assessments against benefited property
for all or a portion of the cost of the improvement, pursuant to Minnesota
Statutes, Chapter 429, and
8/24
WHEREAS, easements are required for the project on property owned by
Denton M. and Marilyn M. Vars.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that payment in the amount of $9,240 is hereby approved to
Denton M. and Marilyn M. Vars and the Mayor and City Manager are hereby
authorized to execute an easement agreement for acquisition of said
easements.
3. Removed to become I -10.
4. Sherwood Park /Vaughn, 1613 Sandhurst
Council authorized a transfer of $5000.00 from the Contingency Account for
grading the Sherwood Park property north of the Vaughn property.
F. PUBLIC HEARINGS
1. 7:00 P.M., On -Sale Liquor Licenses
a. Laura Mae's, 1745 E. Cope Avenue
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Stephen L. Pearson, William J. Putney and James H.
Rebeck for an On -Sale Intoxicating Liquor License for Laura Mae's,
1745 E. Cope Avenue.
2. City Manager Michael McGuire presented the Staff report.
3. James Howard Rebeck, Jr., one of the applicants, spoke on behalf of
the request.
4. Mayor Greavu called for proponents. None were heard.
5. Mayor Greavu called for opponents. None were heard.
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson introduced the following resolution and moved its
adoption:
87 -8- 154
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council
of the City of Maplewood on August 24, 1987, an On -Sale Intoxicating
Liquor License was approved for Stephen L. Pearson, William J. Putney,
and James H. Rebeck, dba Laura Mae's, 1745 E. Cope Avenue.
The Council proceeded in this matter as outlined under the provi-
sions of the City Ordinances.
Seconded by Councilmember Bastian. Ayes - all.
2 - 8/24
b. D. G. Burgers, Inc., 2441 North Highway 61
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Milo L. Berg for an On -Sale Intoxicating Liquor
License for D. G. Burgers, Inc., 2441 North Highway 61.
2. Manager McGuire presented the Staff report.
3. Milo L. Berg, the applicant, spoke on behalf of the request.
4. Mayor Greavu called for proponents. None were heard.
5. Mayor Greavu call for opponents. None were heard.
6. Mayor Greavu closed the public hearing.
7. Councilmember Bastian introduced the following resolution and moved its
adoption:
87 -8- 155
NOTICE IS HEREBY GIVEN , that pursuant to action by the City Council
of the City of Maplewood on August 24, 1987, an On -Sale Intoxicating
Liquor License was approved for Milo L. Berg, dba D. G. Burgers, Inc.,
2425 No. Maplewood Drive.
The Council proceeded in this matter as outlined under the provi-
sions of the City Ordinances.
Seconded by Councilmember Anderson. Ayes - all.
c. Applebee's Neighborhood Grill & Bar, 2112 Maplewood Mall, 3001 White
Bear Avenue
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Robert M. Paul for an On -Sale Intoxicating Liquor
License for Applebee's, 2112 Maplewood Mall, 3001 White Bear Ave-
nue.
2. Manager McGuire presented the Staff report.
3. Donald W. Strang and Robert M. Paul, two of the applicants,
spoke on behalf of the request.
4. Mayor Greavu called for proponents. None were heard.
5. Mayor Greavu called for opponents. None were heard.
6. Mayor Greavu closed the public hearing.
7. Councilmember Bastian _• introduced the following resolution and moved its
adoption:
3 - 8/24
87 -8 -156
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council
of the City of Maplewood on August 24, 1987, an On -Sale Intoxicating
Liquor License was approved for Robert M. Paul, dba Applebee's Neigh-
borhood Bar and Grill, Maplewood Mall, 3001 White Bear Avenue.
The Council proceeded in this matter as outlined under the provi-
sions of the City Ordinances.
Seconded by Councilmember Wasiluk. Ayes - all.
2. 7:10 P.M., Preliminary Plat : Jefferson 6th Addition
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Kent Jefferson for preliminary plat approval for seven single -
dwelling lots.
b. Director of Community Development Geoff Olson presented the Staff
report.
c. Kent Jefferson, the developer, spoke on behalf of the proposal.
d. Mayor Greavu called for persons who wished to be heard for or against
the proposal. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilmember Anderson
c
rson's 6th Ac
1. Recording of the Jefferson Fifth Addition Plat.
2. Submittal of a developer's agreement for the construction of all
public improvements.
3. City Engineer approval of final grading, utility, drainage, and
erosion control plans.
4. Revise the name of the cul -de -sac from "Lakewood Drive" to "Lake-
wood Court ".
Seconded by Mayor Greavu. Ayes - all.
3 7:20 P.M., Conditional Use Permit : 798 No. McKnight (Kathy Mosner)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Kathy Mosner for approval of a home occupation permit to operate
a beauty salon in the basement of her home located at 798 North McKnight
Road.
b. Director of Community Development Olson presented the Staff report.
c. James and Kathy Mosner, the applicant, spoke on behalf of the proposal.
d. Mayor Greavu called for proponents. None were heard.
4 - 8/24
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
Councilmember Juker moved an
Nays - Mayor Greavu, Councilmembers Anderson
Bastian & Wasiluk
Seconded by Councilmember Wasiluk. Ayes - Councilmember Juker
Motion defeated.
h. Councilmember Bastian moved an amendment No. 1
is reviewed; Applicant at that time
turn - around or widen the drive to p
Condition No. 5 would be deleted.
viewed for renewal in one vear.
Seconded by Councilmember Wasiluk.
i
time the condi
use permit would be re-
Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
Nay - Councilmember Juker.
i. Councilmember Bastian introduced the following resolution and moved its
adoption:
87 -8 -157
WHEREAS, Kathy Mosner initiated a conditional use permit to operate
a beauty salon in her home at the following- described property:
The north 69 feet of the south 119 feet of Lot 8, Auditor's
Subdivision No. 77.
This property is also known as 798 N. McKnight Road, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood Planning
Commission on August 3, 1987. The Planning Commission recommended
to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing on August 24, 1987.
Notice thereof was published and mailed pursuant to law. All per-
sons present at said hearing were given an opportunity to be heard
and present written statements. The Council also considered reports
and recommendations of the City Staff and Planning Commission.
5 - 8/24
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above - described conditional use permit be approved on the basis of
the following findings -of -fact:
1. The use is in conformity with the City's comprehensive plan
and with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be
detrimental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated
to be compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run -off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area proper-
ties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. Customers shall park in the driveway and not along McKnight
Road.
2. Compliance with the requirements in Section 36 -66 (4) (b) per-
taining to the operation of a home occupation.
3. A smoke detector and fire extinguisher shall be provided in the
shop area.
4. Signage shall be limited to a wall- mounted, two - square -foot
maximum sign.
Seconded by Councilmember Wasiluk Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
Nay - Councilmember Juker
6 - 8/24
4. 7:30 P.M., Conditional Use Permit 2785 White Bear Avenue (District Court)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Ramsey County District Court to operate court from the third
floor of the Executive Office Center on White Bear Avenue.
b. Community Development Director Olson presented the Staff report.
c. City Engineer Ken Haider explained the specifics of the proposal.
d. Commissioner Dennis Larsen presented the Planning Commission report.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian introduced the following resolution and moved its
adoption:
87 -8 -158
WHEREAS, Norman L. and LaVonne Undestad initiated a conditional use
permit for the operation of Ramsey County District Court at the following —
described property:
Parcel 1: The east 200 feet - .of the West 1685 feet of the North
200 feet of that part of the North 1/2 of the Southwest
1/4 of Section 2, Township 29, Range 22, lying South of
Radatz Avenue.
Irli
Parcel 2: All that part of the North 1/2 of the Southwest 1/4 of
Section 2, Township 29, Range 22, lying South of Radatz
Avenue and West of the center line of White Bear Avenue
except for the following parcels:
1. The North 200 feet
2. The West 1411.04 feet lying South of the North
891.2 feet thereof.
This property is also known as 2785 White Bear Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was initiated by Norman L. and
LaVonne J. Undestad pursuant to the Maplewood Code of Ordi—
nances.
7 — 8/24
2. This conditional use permit was reviewed by the Maplewood
Planning Commission on August 17, 1987. The Planning Commis-
sion recommended to the City Council that said permit be
approved.
3. The Maplewood City Council held a public hearing on August 24,
1987. Notice thereof was published and mailed pursuant to law.
All persons present at said hearing were given an opportunity
to be heard and present written statements. The Council also
considered reports and recommendations of the City Staff and
Planning Commission.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run -off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area prop-
erties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not
be detrimental to the welfare of the City.,
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effect.
11. Request Ramsey County to investigate the placement of semiphores
at Radatz and White Bear Avenue.
Approval is subject to the property owner adding more parking spaces
if the City determines that there is inadequate parking. The number and
location of additional parking spaces shall be monitored by the Staff and
return to Council for review in one year.
Seconded by Councilmember Juker. Ayes - all.
5. 7:40 P.M., Preliminary Plat : Maplewood Meadows
a. Mayor Greavu convened the meeting for a public hearing regarding the
application of Bruce Mogren for approval of a 36 -lot preliminary plat at
Bellaire Street and County Road D, known as Maplewood Meadows.
8 - 8/24
b. Director of Community Development Olson presented the Staff report.
c. City Attorney Kelly explained Condition No. 1 regarding District
Court approval to release the City park land that was previously vacated.
d. Commissioner Dennis Larson presented the Planning Commission recommendation.
e. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following voiced their opinions.
Mr. Bruce Mogren, the applicant, and Mr. Richard Schreier spoke on
behalf of the proposal. .
Mr. Mike Murphy, 2421 E. Brenner
Mrs. Beth Ottinger, 3051 E. Lake
Mr. Gary Strouch, 2468 E. Brenner
Mr. Craig Mueller, 2485 E. Brenner
Mr. Richard Olson, 2461 E. Brenner
Ms. Kathy Carufel, 2405 E. Brenner
Mr. Craig Ottinger, 3051 Lake Street
f. Mayor Greavu closed the public hearing.
Councilmember Bastian moved to table thi
on on
Seconded by Councilmember Juker. Ayes - Councilmembers Bastian, Juker,
and Wasiluk
Nay - Mayor Greavu, Councilmember
Anderson.
6. 7:50 P.M., Huntington Hills South
a. Preliminary Plat
b. Rezoning (4 Votes)
1. Mayor Greavu convened the meeting for a public hearing regarding the
request of Good Value Homes, Inc., for approval of a preliminary
plat to create 45 single dwelling lots and Staff has recommended
the property be rezoned from F, farm to R -1, single dwelling.
2. Manager McGuire presented the Staff report.
Mayor Greavu recessed the meeting at 8:50 P.M.
Mayor Greavu reconvened the meeting at 8:57 P.M.
3. Director of Community Development Olson presented the specifics
of the proposal.
9 - 8/24
4. Commissioner Dennis Larson presented the Planning Commission
recommendation.
5. Mayor Greavu called for persons who wished to be heard for or
against the proposal. The following expressed their opinions:
Derrick Passe, 2833 Lipton, Minneapolis, spoke on behalf of the
proposal.
Walter Sawicki, 597 Sterling
Bill Uygren, 583 Sterling
Glenn Stahl, 535 Sterling
Beatrice Robinson, 597 Sterling
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson moved to approve the Huntington Hills South
preliminary plat (plans received 7- 24 -87) subject to the following
conditions being, met before final plat approval:
a. City Engineer approval of final grading, utility, drainage and
erosion control plans. These plans shall include the following:
1) The grading plan shall include a proposed building pad
elevation and contour information for each home site, as
well as the areas to be disturbed for street construction.
Housing styles shall be illustrated which minimize grading
on sites that contain desirable mature trees and steeper
slopes. Deviation from the approved grading plans for each
lot may be permitted by the City Engineer, provided the
intent of the overall grading plan is complied with.
2) The proposed building pads for the affected lots shall
comply with the requirements of the pipeline setback ordi-
nance.
3) The location and elevation of the Williams Brothers
pipeline shall be shown on the grading plan. This informa-
tion shall be derived from a field survey. The proposed
elevation of the streets wihtin the plat shall be consistent
with the street elevation and location to be required by
Williams Brothers Pipeline Company.
4) The recommendations in the Soil Conservation Service's
letter of 6 -5 -87 shall be followed.
5) At least 10,000 square feet of lot area outside of any
drainage easement used for ponding area shall be provided.
6) The location of the trail within the walkway from
Marnie Street to Vista Hills Park shall be shown on the
grading plan.
10 - 8/24
b. The Sterling Street right -of -way shall be dedicated with the
first phase of the plat, if platted in phases. Until Sterling
Street is guaranteed to be constructed north of Linwood Avenue,
the areas either side of the Sterling Street right -of -way shall
be platted as outlots.
c. The label "walkway" in the northeast corner of the site
shall be dropped. To substitute for the "walkway" label, the
property owner shall submit a recordable quit -claim deed to the
City for a 100 x 7.00 foot trail easement. Once the trail align-
ment is accurately located and construction by the City has been
completed, any excess easement area may be vacated.
d. Lot 18, Block 1, shall be revised to have at least 100 feet
of width at the required setback line on "Huntington Lane."
e. Change "Huntington Court" or "Huntington Lane" to a name
acceptable to the Director of Public Safety.
f. The right -of -way for "Spring Side Court" shall be extended
to the west property line. If the property to the west (2437
Linwood Avenue) does not develop at the same time as this site, a
temporary cul -de -sac shall be constructed entirely on the subject
site. When the property to the west does develop, the owner
shall be responsible for constructing the entire permanent cul-
de -sac and for sodding the yard area on this site encroached on
by the temporary cul -de -sac.
If the applicant and the owner of 2437 Linwood Avenue cannot
agree on the location for the permanent cul -de -sac bulb, the
City Engineer shall decide.
g. Submitted of a signed developer's agreement for:
1) Hillwood Drive and the cul -de -sacs within the plat.
If Spring Side Court will have a temporary cul -de -sac
bulb, a recordable easement shall be submitted for the
area outside of the right -of -way to be dedicated in the
plat.
2) All required utilities, except those to be constructed
by the City as part of the Sterling Street improvement.
3) Grading for an eight -foot wide trail referred to in
Condition a.(6).
Seconded by Mayor Greavu. Ayes - all.
8. Councilmember Anderson introduced the following resolution and
moved its adoption:
87 -8- 159
WHEREAS, the City of Maplewood initiated a rezoning from F, farm
residence to R -1, single dwelling for the following- described property:
11 - 8/24
The East Half of the Southeast Quarter of the Southwest
Quarter of Section 12, Township 28 North, Range 22 West,
City of Maplewood, Ramsey County, Minnesota. AND that
part of the West Half of said Southeast Quarter of the
Southwest Quarter of Section 12 lying northerly of the
South 500.00 feet thereof. Excepting therefrom the
west 219.76 feet of the north 150.00 feet of said West
Half of the Southeast Quarter of the Southwest Quarter
of Section 12.
WHEREAS, the procedural.history of this rezoning is as follows:
1. This rezoning was initiated pursuant to Chapter 36, Article
VII of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commis-
sion on August 17, 1987. The Planning Commission recommended
to the City Council that said rezoning be approved.
3. The Maplewood City Council held a public hearing on August
24, 1987, to consider this rezoning. Notice thereof was
published and mailed pursuant to law. All persons present
at said hearing were given an opportunity to be heard and
present written statements. The Council also considered
reports and recommendations of the City Staff and Planning
Commission.
NOW THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above - described rezoning be approved on the basis of the following find-
ings of fact:
1. The proposed change is consistent with the spirit, purpose
and intent of the zoning code.
2. The proposed change will not substantially injure or detract
from the use of neighboring property or from the character of
the neighborhood, and that the use of the property adjacent
to the area included in the proposed change or plan is adequat-
ely safeguarded.
3. The proposed change will serve the best interests and conveni-
ences of the community, where applicable and the public welfare.
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public services
and facilities, such as public water, sewers, police and fire
protection and schools.
5. This rezoning will eliminate any nuisance situations that could
occur due to farm - related uses, such as the raising of live-
stock, in a residential area.
Seconded by Councilmember Juker. Ayes - all.
12 - 8/24
G. AWARD OF BIDS
1. Hillcrest Trunk Sanitary Sewer - Project 86 -22.
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption
1
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Minn -Kota Excavating, Inc., in the amount of $757,886 is the lowest
responsible bid for the construction of Hillcrest Trunk Sanitary Sewer,
City Project 86 -22, and the Mayor and Manager are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of
the City.
Seconded by Councilmember Juker. Ayes - all.
H. UNFINISHED BUSINESS
1. Markfort Addition
a. Preliminary Plat
b. Public Improvement Project
1. Manager McGuire presented the Staff report.
2. Director of Community Development Olson presented the specifics of
the proposal.
3. Mr. Ron Dahlquist, 1774 McMenemy, voiced his opinions on the
proposal.
4. Councilmember Juker
to
e No. 1
a. Final- platting shall be limited to Phase I until a con-
struction contract(s) is signed for a storm water project
to drain this area to Round Lake. Phase II must be platted
as an outlot until this contract is signed.
b. The Ripley Avenue right -of -way shall be moved five feet south,
at its intersection with Desoto Street. The length of the
west property line for each corner lot need not be altered.
c. A drainage easement shall be shown on the outlot or buildable
lots for Phase II for any portion of the planned two - acre -foot
pond that will encroach upon this site. The location of this
pond must be approved by the City Engineer. All future lots
that will adjoin this easement shall have at least 10,000
square feet of area above the easement.
13 - 8/24
d. A twenty- foot -wide drainage easement shall be shown on
Phase II from the south property line to the north prop-
erty line, ending at the future two - acre -foot ponding
easement. This storm sewer shall be constructed by the
developer as owner of the outlot when the outlot is
platted into buildable lots. The City Engineer shall
approve the location of the easement to insure that it
is properly located to drain the property to the south
and this site to the future pond.
e. A recordable quit -claim deed shall be submitted to the City
Engineer for a 100 - foot - diameter temporary cul -de -sac bulb
for the west end of Ripley Avenue.
f. Before final plat approval for Phase II, the onwer of the
multiple dwelling property to the north must be given the
opportunity to document his preference to route sanitary
sewer for his property through the applicant's site, rather
than to McMenemy Street. This documentation shall include
the depth of the proposed multiple dwelling service connec-
tions and the depth of the sanitary sewers that will be
available to the property.
If this information cannot be provided before final- platting
of Phase I is requested, a twenty- foot -wide utility easement
shall be shown on the outlot between future Ripley Avenue and
the north line of the outlot. The City Engineer must approve
the location. The elevation of the sewer in Phase I shall
accommodate this requested sewer. The owner of the outlot
shall deed to the City a five - foot -wide temporary construc-
tion easement along each side of the permanent easement, if
the outlot will be platted before this sanitary sewer will
be constructed.
The property owner shall pay for this sanitary sewer if the
City Engineer determines there is a public need to route it
through the applicant's site. If there is no public need,
then the easement shall be vacated unless the property owner
to the north guarantees its construction and the owner of
the outlot and the City Engineer agree to the routing.
g. The City Engineer shall approve final grading, utility,
drainage and erosion control plans. A construction ease -
ment(s) shall be obtained for any off -site grading. The
drainage plan shall include a temporary pond if Phase I is
developed before the area storm water project is under con-
tract. This temporary pond must limit storm water discharge
from the site to current levels.
h. A signed developer's agreement shall be submitted to the
City Engineer, with the required surety, for all required
on -site public improvements, including:
1. A storm water pond
2. Storm sewer
3. Street and utilities
14 - 8/24
i. If Council does not initiate a public improvement project
to acquire right -of -way for Ripley Avenue, west of the
plat, Phase II must be redesigned as a permanent cul -de -sac.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker & Wasiluk
Nay - Councilmember Bastian.
5. Mayor Greavu introduced the following resolution and moved its
adoption:
87 -8- 161
WHEREAS, the City Council has proposed that the area described
as:
Ripley Avenue from McMenemy Street to approximately 250
feet east
be improved by acquisition of a 60 -foot wide right of way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the proposed improvement be referred to the City
Engineer, who is hereby instructed to report to the Council with
all convenient speed advising the Council in a preliminary way as
to whether the proposed improvement is feasible and should best be
made as proposed, and the estimated cost of the improvement as
recommended.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker & Wasiluk
Nay - Councilmember Bastian
2. Ordinance : Temporary Beer and Wine Permit (2nd Reading)
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following ordinance and moved its
adoption:
ORDINANCE NO. 608
AN ORDINANCE AMENDING THE MAPLEWOOD CODE
PERTAINING TO INTOXICATING LIQUOR
AND ADDING PROVISIONS FOR TEMPORARY
WINE AND LIQUOR LICENSES (ON SALE)
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN:
Section 1.
That Chapter 5 of the Maplewood City Code be and is hereby amended so as
to add the following thereto:
Section 5 -85. Temporary Liquor Licenses.
15 - 8/24
Notwithstanding any other provision of this chapter, a club or charitable,
religious, or other non - profit organization in existence for at least three
years may obtain on sale license to sell intoxicating liquor for consump-
tion on the licensed premise only and in connection with a social event
within the City sponsored by the licensee. The license may authorize on
sales on the premises other than premises the licensee owns or permanently
occupies. The license may provide that the licensee may contract for in-
toxicating liquor catering services with the holder of a full year on sale -
intoxicating liquor license issued by the City of Maplewood. The fee for
such license shall be $135.00 per day, and shall be issued for not more than
three consecutive days. No organization shall be granted more than two such
licenses per calendar year.
Section 5 -86. Application
Application for such temporary licenses shall be on forms provided by the
City Clerk and shall contain such information as specified by the City
Clerk including the following:
1. The name, address and purpose of the organization, together
with the names and addresses of its officers.
2. The purpose for which the temporary license is sought, together
with the place, dates, and hours during which wine or intoxicating
liquor will be sold.
3. Consent of the owner or manager of the premises, or person or
group with lawful resposibility for the premises."
Section 2.
That Chapter 5 of the Maplewood City Code be and is hereby amended so as to
add the following thereto:
Section 5 -135. Temporary Wine Licenses.
Notwithstanding any other provision of this chapter, a bona fide non-
profit charitable, religious or veterans organization may obtain an
on sale license to sed11 wine not exceeding 14 percent alcohol by volume
for consumption on the licensed premises only. The fee for such license
shall be $135.00 per day, and licenses shall be issued for periods not
to exceed three consecutive days. No organization shall be granted more
than two such licenses per calendar year.
Section 5 -136. Application
Application for such temporary licenses shall be on forms provided by
the City Clerk and shall contain such information as specified by the
City Clerk including the following:
1. The name, address and purpose of the organization, together with
the names and addresses of its officers.
2. The purpose for which the temporary license is sought, together
with the place, dates, and hours during which wine or intoxicating
liquor will be sold.
3. Consent of the owner or manager of the premises, or person or
16 - 8/24
group with lawful responsibility for the premises.
Section 5.137. Application of other provisions of this section.
The following provisions of the Maplewood Code shall not apply to
temporary wine licenses granted under this section: Section 5 -128,
5 -130, 5 -131, 5 -132 and 5- 134."
Section 3.
This ordinance shall take effect and be in force the day after its passage,
approval and publication.
Passed by the Maplewood City Council
this 24th day of August, 1987.
ATTEST:
City Clerk
Seconded by Councilmember Wasiluk. Ayes - all.
3. Frost Avenue Assessment Appeals - Project 83 -01
a. Manager McGuire presented the staff report.
b. Councilmember Anderson moved to deny the request of
Lodge for revision of their assessment_ (15- 99- 99 -94 -n
Seconded by Mayor Greavu. Ayes - all.
c. Mayor Greavu moved to deny the request of Ione Mav Olson. 1
Seconded by Councilmember Juker. Ayes - all.
d. Councilmember Juker moved to deny the request of R. C. Dean. 1881 Id
Seconded by Councilmember Anderson.. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Wasiluk
Nay - Councilmember Bastian
e. Councilmember Anderson moved to cancel the Frost Avenue Project 83 -0
assessments for the following parcels:
17 - 8/24
15- 29 -22 -32 -0077 Wayne Lindahl,1876 English 7,657.78
15- 29 -22 -32 -0078 Wayne Lindahl,1870 English 5,296.35
15- 29 -22 -32 -0099 Wayne Lindahl,1870 English 289.85
15- 29 -22 -32 -0080 Wayne Lindahl,1870 English 2,429.63
15- 29 -22 -32 -0083 Wayne Lindahl,1840 English 2,901.60
Seconded by Mayor Greavu.Ayes - all.
f. Councilmember Anderson moved to deny the request of Glacier Park Company
for revision of the assessment. (16-29 -22 -41 -0031)
Seconded by Councilmember Juker.Ayes - all.
g. Mayor Greavu moved to deny the request of Stephen Continenza 1160 Frost
Avenue for cancellation or revision of the assessment 16- 29 -22 -42 -0001
Seconded by Councilmember Anderson. Ayes - all.
h. Councilmember Anderson moved to deny the request of
1125 RiDlev Avenue for cancellation of the aRRPggm Pnt
Seconded by Mayor Greavu. Ayes - all.
I. NEW BUSINESS
1. Set 1988 Budget Meeting
a. Council established a date of Monday, September 21, 1987, at 5:00 P.M.,
to discuss the budget.
2. East Community Family Center
a. Oakdale Mayor Leo Hudalla, representing the Board of Directors and
Kathleen Jefferson, Executive Director of the East Community Family
Center informed the Council of the services offered to the communities.
b. Councilmember Anderson moved to budget an additional $5,000
to the East Communities Family Center with the condition that t.
reviewal.
Seconded by Councilmember Wasiluk. Ayes - all.
3. St. Paul Water Department
a. Manager McGuire presented the staff report.
b. Director of Public Works Ken Haider listed the specific problems area
residents have experienced.
c. The following area residents expressed their concerns:
Clarence Olson, 50 E. Roselawn
Colleen Engman, 94 E. Roselawn
18 - 8/24
Councilmember Anderson moved to waive the Rules of Procedure and extend the
meeting until 11:15 P.M.
Seconded by Councilmember Bastian. Ayes - all
Resident at 91 E. Skillman
Glenn Peterson, 1999 Jackson
Ray Berggren, 1985 Jackson
d. Council referred the item to Staff.
4. Limiting Growth
a. Council tabled this item.
5. Ordinance : Authorizing Issuance of Citations
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved first reading of an ordinance authorizing
certain City Employees to issue citations for code violations
Seconded by Councilmember Juker. Ayes - all.
6. Domestic Intervention Project Grant
a. Director of Public Safety Collins presented the Staff report.
b. Lois Severson, St. Paul Intervention Project and Martin Costello, City
Prosecuting Attorney, spoke on behalf of the program.
c. Councilmember Bastian introduced the following resolution and moved its
adoption:
M01ioj
WHEREAS, the problem of family violence has reached epidemic levels in
Ramsey County, and affects all aspects of our lives; and
WHEREAS, violence in the home is the underlying cause of increased
street violence, childhood learning disabilities, teen -age pregnancy,
drug abuse, alcoholism, rape, suicide and homicide; and
WHEREAS, violence is learned behavior and children imitate their parents;
and
WHEREAS, the Mayor and City Council of Maplewood recognize the concept
of intervening in order to interrupt this generational cycle of violence in
the family by using the criminal justice system,to impose and enforce legal
sanctions in order to control and end violence in the home; and
WHEREAS, the Maplewood Intervention Project will start providing out-
reach services to domestic assault victims and assailants in October of 1987
and will be providing services to families who would otherwise not receive
service (there is a 67% turn -away at metro area shelters); and
19 - 8/24
WHEREAS, the Maplewood Intervention Project is committed to working
cooperatively with Maplewood City agencies and Ramsey County agencies to
coordinate services to families suffering the effects of violence.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council supports
the program goals of the Maplewood Intervention Project and wishes to en-
courage the further development of community support for this program.
Seconded by Councilmember Anderson. Ayes - all.
7. Approval of Tower Plans and Easement Agreement - Water Service District 8
Improvements - Project 86 -15
a. Director of Public Works Haider presented the Staff report.
b. Mayor Greavu moved to
Rav and Chad Lemmons to a
and
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Wasiluk
Nay - Councilmember Bastian
8. Municipal State Aid Street Fund Report
a. Councilmember Anderson moved to
Seconded by Mayor Greavu.Ayes - all.
construction
b. Councilmember Anderson introduced the following resolution and moved
its adoption:
87 -8 -163
WHEREAS, the City Council has proposed that the area described as
Southlawn Drive between Beam Avenue and County Road D be improved by
construction of sanitary sewer, water main, storm sewer and streets.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the proposed improvement be referred to the City
Engineer, who is hereby instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to
whether the proposed improvement is feasible and should best be made
as proposed, and the estimated cost of the improvement as recommended.
Seconded by Councilmember Juker. Ayes - all.
9. Addition to Battle Creek Park
a. Councilmember Bastian moved t
Parcel No. 81 in the Battle Creek s
20 -8/24
and that the original agreement to reimburse the Citv for Parce A be
approved.
Seconded by Councilmember Anderson. Ayes - all.
10. Sherwood Park /Vaughn, 1613 Sandhurst
a. Councilmember Anderson moved to transfer $5000 from the Contingent
Account to grade the Sherwood Park property north of the Vaughn's in t
to relieve the Vaughn's situation.
Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Bastian,
Juker and Wasiluk.
Nay - Mayor Greavu.
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
1. Legal Advice
a. Councilmember Anderson discussed when Council should !1,Lain legal avice.
2. St. Paul Paper Box Access
a. Councilmember Juker stated that paper boxes should be placed in no
parking zones. There should not be any stopping or parking anytime.
L. ADMINISTRATIVE PRESENTATION.
None.
M. ADJOURNMENT
11:18 P.M.
City Clerk
21 - 8/24
1"
Action by Council v
f Endorse II I. I/ iMYr>•Ii.Irp1
Mo di vd 44FI.
W 6 V 1j o Y t V rfOYRi1+WIM.tf.leli.lp
ACCOUNTS 'PAYABLE, DATED NOV 0:9 ,1987 _ ....._ 1 + 1._.......L..
1987 CITY OF MAPLEWOOD UNLU Kt1s l 1 tK
CHECK NO.DAT A V I TEM DES -CR I PT I ON
tl
313018 10/29/87 10.00 JUKER FRAM TRAVEL TRAINING
I 313507 10/29/87
5.36 _JOKER FR MILEAGE - -_ —_
15.36
313548 10/29/87 11.07 MIKISKA WILLIAM!SUPPLIES
313046 10/29/87 21.00 GOODYEAR SUPPLIES
313046*.1 4_!29/aT --130 .28_GOODYEAR REPAIR MAINT
313046 10/29/87 130.28 GOODYEAR REPAIR MAINT
31''3046 1 0/29/87 7.00 GOODYEAR REPAIR MAINT
s 288.56
313069 10/29/87 36.00 U S WEST PAGER RENTAL
47;36.00
313143 10/29/87 44.5 ROL DR I SUPPLIES
44.55
313197 10/29/87 10.00 SM I SEK MYRA PROGRAMS
10.00
J _____..
313374 1 Ql29 /$?621.00 PIPE SERVICES CORP CONTRACT PYN1
313374 10/29/87 4,33$.23 PIPE SERVICES CORP CONTRACT PYM
4 959.23 *
S
313441 10/29/87 24.00 HAMRE CAROLE REFUND
24.00 *
313465 10/20.00 FISHER LYNE PROGRAMS _ —
tl
I 313507 10/29/87 1,547.00 METRO FENCE CONTRACT PYM
1 , 547.0 0
313548 10/29/87 11.07 MIKISKA WILLIAM!SUPPLIES
11 . Q7
313509 10/29/87 14.00 NELSEN CAROL REFUND
31350 10/29/87 14.00—NELSE CAROL REFUND
313509 10/29/87 14.00 NELSEN CAROL REFUND
14.00
P
1987 CITY OF MAPLEWOOD CHECK REGISTER
CHECE NO .AM VENDOR ITEM DESCRIPT
331.35-1.-- ---- -_____
D_A . E -
10/29/87 39.00 OOM 8IRGET CONTRACT PYM
39.00
31351 1 10/29 /67 114.00 RYDER TR PROG _ - _ - -- --
114.00
31 2 - -y_4 /c9 ?6 .. 04 SHELDON , - -- LEO_MILEAGE
n - --
313512 10/29/87 25.00 SHELDON LEO PROGRAMS
313512 10/29/87 25.00 SHELDON LEO PROGRAMS
112.00
313813 1Q/E9/87 15.43 CONNERS U KIM MILEAGE
15.43
313514 10/29/87 10.10 STAFNE GREGORY TRAVEL TRAINING
10.10
313515 10/B9/87 730.00 SWOPE VALUATION CONTRACT PYM
730.00
313516 10/E9/87 31.99 W 8 MEIER CO INC SUPPLIES
31.99
313518 10/29/87 35.26 C F ANDERSON CO E3SUPPLIES
35.26
31 X51 9__10/29/87 35 BECKER RONALA1lE. TRAINING
313519 10/E9/87 5.15 BECKER RONALD TRAVEL TRAINING
313519 IO /E9/87 5.1 BECKER R TRAV TRAINING
17.65 -
313520 "10 18.0 B PE REFUND -
3135 10/29/87 7. SO BURKHART PLBG REFUND
313522 1 2.60 GREEN PHYLLIS TRAVEL TRAINING
2.60
313 10/29 329.90-GREEN.VALUE NURS SUPPLIES
329.90
313524 10/29/87 24.00 HOUCK MILDRED REFUND
313SES 10 169.32ow GOVT BUSINESS SYST -CONTRACT PYM
313525 10/29/87 503.70 GOVT BUSINESS SYST CONTRACT PYM
334.38
10/29/87 2.75.JEAN EL_fiRkI*lW .
313'526 10/29/87 6.24 CARLE JEANETTE MILEAGE
3 ARNALS AUT SERV REPAIR_ _ --
1
174,65
8 2 Page.: 3
y.pppnappp.Mm'arY'a
1
313A69 10/28/87
313A69 10128/$7
1927 CITY OF MAPLEWOOD
1 012$/87
CHECK REGISTER
A. 6 T TELEPHONE — - - - - -_^
CHECK NO
313A75
AMOUNT VENDOR_I TEM DESCR I PT_I ON
10/ 28/87
DATE
1 0 /ES %87
4,313A75 10/28/87
59.97 ARNOLD DAVID
8.99
I
47
i
3
313A81 10/28/87
5,966.27
t -313527 10/29/87 - - --925.00 RM1SY CNTY PTAC TRAVEL TRAINING
92S.00
j A 04_10/28/87 _ -- - - - -1 . b5 _—ADVANCE STA _SUPPLIES - -- -- -- - -3.13
15.65
N 313A15 10/28/87 1 AEC ENGINEERS CONTRACT PYM
1 1 S 5.5 O
1 ;
313A18 10/28/87 284.10 ALLAN BUg PROD DISC PACKS
284.10
313A52 10 22.49 ARDEN SHOREVIEW HOS CANINE
Z5 313A52 10/29/87 110.25 ARDEN SHOREVIEW HOS CANIN
a
7
132.74
3 ARNALS AUT SERV REPAIR_ _ --
1
174,65
313A69 1 0/28/87
313A69 10/28/87
313A69 10128/$7
31_.3A69 1 012$/87
4.50 A. 6 T TELEPHONE — - - - - -_^
a 313A75 10/28/87
2,25
313A75 10/ 28/87
23.05
313A75 1 0 /ES %87
4,313A75 10/28/87
59.97 ARNOLD DAVID UNIFORMSI
47
i
3
313A81 10/28/87
3 ARNALS AUT SERV REPAIR_ _ --
1
174,65
ARNALS AUTO SERV
ARNALS AUTO SERV
REPAIR
REPAIR
6.ARNAL AU S REPAIR _ —_ --
1,545.09
CONTRACT PYM
313B05
3.55 A T 6 T TELEPHONE
4.50 A. 6 T TELEPHONE — - - - - -_^
12.75 A T 6 T TELEPHONE
2,25 A T 6 T TELEPHONE
23.05
281.25 BAN_NIGAN&KELLY P .A.CONTRACT PYM
313BO5 - --
59.97 ARNOLD DAVID UNIFORMS
59.97
CONTRACT PYM
313BOS;10 /28/87 B• 394.39 BANNIGAN&KELLY P.A CONTRACT PYM
313B05 10/28/87 97.50 BANNIGAN&KELLY P.A.CONTRACT PYM
313B05 10/28/27 140,63 BANNIGAN&KELLY P.A.CONTRACT PYM
313B05 10/28 281.25 BAN_NIGAN&KELLY P .A.CONTRACT PYM
313BO5 - --1 0/28/$7 52 . s0 BANlIGAN KELLY P.A.CONTRACT PYM
5,966.27
r'g 9 4
1987 CITY OF MAPLEWOOD CHECK REGISTER
CHECK N0.DAT AMOU VENDOR ITEM DESCRIPTION
3135)1 10/29/87 35.00 BANICK JOHN CANINE ALLOWANCE°
35 .00
313B15 10/28/87 98.74 BATTERY TIRE WHSE CONTRACT PYM --
313015 10/28/87 78.40—BATTERY TIRE WHSE CONTRACT PYM
313B 10/2 131.60 BATTERY TIRE WHSE CONTRAC PYM
r .
17 313B4S 10/29/87 2,376.00 BOARD OF WATER COMM CONTRACT PYM
313B45 IQ/E9/ST 1 , 888. Sa_BOARD OF WATER COMM CONTRACT PYM
313843 10/29/87 3,734.50 BOARD. OF WATER COMM CONTRACT PYM
313045 10 /29 /$T 13238.50 BOARD OF WATER COMM CONTRACT PYM
V , . 5aE37
313894 10/28/87 BUILDERS Q SUPPLIES
51.97
313C33 10/28/87 76.CAPITOL SUPPLY SUPPL
313CSS 10/28/82 404.00 COPY DUPLICATING DUPLICATING COST.
404.00
313C56 10/28/87 196.96 COLLINS ELECTRIC REPAIR MAINT
19i. 96
313CS7 10/28/87 13.52 COLLINS KENNETH SUPPLIES
13.52
M 313CSS 10/28/87 21.17 COPY EQUIPMENT INC SUPPLIES
21.17 *
313CS9 10/28/87 150.00 CORPORATE RISK MGM INS CONSULTING
150.00
10/28/87 174.14 CONNELLY IND ELECT REPAIR MfAINT -
3 174.14
313C66 10/28/87 25.38 COAST TO COAST SUPPLIES
1987 CITY OF MAPLEWOOD CHECK REGISTER
CHECK NO_.DATE-AMOUNT _VENDOR ITEM _DESCRIPTION
28.38
313C67 10/29/87 135.72 CHAPIN PUBLISHING CONTRACT PYM_
313C67 10/29/87 154.44 CHAPIN PUBLISHING CONTRACT PYM
290.
31 -_10/28/87 487.S9 CUSTOM FIRE SUPPLIES - - - - --
487.S9
3.13007_1.0/28/8 7 a 14 DAILY SON-CONTRACT PYM
7
313D37 10/29/87 20.00 DATA DISPATCHING DELIVERY
20.00
4
313069 10/28/87 440.40 DONS PAINT BODY REPAIR MANT
440.00
9+
313E0 10/28/87 175.83 EAST COUNTY LINE FUEL — OIL
313E14 10/28/87 6 EKBLAD PARDEE CONTRACT PYM
6,719.00
313EI 10/28/87 32.83 EAST SIDE G.T.0 SUPPLIES
313EI S 10/2 26 EAST SIDE G. T . C SUPPLI
313FOS 10/28/87 10.21 FAUST DANIEL TELEPHONE
313 10/28/87 45.FAUST DANIEL.MILEAGE
55.40
313649 10'28/87 187.82 GOPHER BEARING CO SUPPLIES.
187.82
313GSS 10/29/87 4.27 GREW JANET 9 PLIES
313GSB 10/29/87 3.90 GREW JANET SUPPLIES
2
313L28 10/29/87 35.00 CANE CLTOANCl
35. 00
Page: 6
1967 CITY OF MAPLEWOOD CHECK REGISTER
CHECK NO DATE AMOUNT VE ITE DESCRIPTION
313GS8 10/29/87 8.80 GREW JANET SUPPLIES
3 16.97
313H21 10/29/87 15.00 HERBERT MICHAEL J T TRAINING
a
15.00
313H25 1 2 HENN COUNTY TRAVE TRAINING
313H29 10/28/87 50.HEALTH RESOURCES CONTRACT PYM
v 313.H29 10/25/$7 1 , 24_ 0.00 HE RESOURCES CONTRACT PYM
313H29 10/28/87 120.00 HEALTH RESO CONTRA PYM _ --
1,440.00
313H70 1 4.9 HORSNELL JUDITH MILEAGE
313I35 10/28/87 1,665 - .46 INTERSTATE DETROIT REPAIR MAINT
1,6
x'313J32 10/28/87 28.91-J.L. SH I ELY CO
313J32 10/28/$7 2,210.4$J.L. SHIELY CO SUPPLIES
S72081.S7
313KSS -10/28/87 63.56 KNOX LUMBER SUPPLIES
313KS5 10/28/87 65.20 KNOX LUMBER SUPPLIES
148.76
313K56 10/28/87 5.38 KNOWLANDS SUPPLIES
313KS6 10/2 7 .62 KNOWLANDS SUPPLIES
13.00 4
I
313L21 10/28/87 102.58 LAKELAND FORD SUPPLIES
102.58
2
313L28 10/29/87 35.00 CANE CLTOANCl
35. 00
1987 CITY OF MAPLEWOOD .CHECK REGISTER
AMOUNT VE IT DESCR I PT IOt
31.3L45 10/28/87 93.96 LESLIE PAPER SUPPLIES
313L45 10/28/87 13.42 LESLIE PAPER SUPPLIES
7 313L45 10/28/87 67.12 LESLIE PAPER SUPPLIES
3; 313L45 1 0/28/87 335.60 LESLIE PAPER SUPPLIES
3 45 1 161 . 1 - 0 LESLIE PAPER SUP PL
y ! 313L45 10/28/87 80.55 LESLIE PAPER SUPPLIES
313L45 10/28/87 255.05 LESLIE PAPER SUPPLIES
313L45 1 33 LESLI PAP SUPPLIE
8
1,342.40
9 313M79 0/28/87 338.66 MN UC FUND SUPPLIES
313L70 10/29/87 1,63S-61 LOGIS CONTRACT PYM
1,635.61
313M14 10/28/87 101.30 MAPLEWOOD REVIEW PUBLISHING
313M14 10/28/87 20.06 MAPLEWOOD REVIEW PUBLISHING
313M14 10/28/87 31.40 MAPLEWOOD REVIEW PUBLISHING
313M14 10/28/87 ST. 92—MAPLEWOOD REVIEW PUBLISHING .
J 313M 1 4 10/Z8/8T ST . 92 MAPLEWOOD REVIEW PUBLISHING
7 313M14 1 87.MAPLEWOO REVIEW PUBLI
313M31 10/28/87 296.64 MANPOWER TEMP TEMP WAGES
313M31 10 /ES /8 2b3.68 MANPOW TE -TEMP WAGES
S60.32
313M48 10/28/87 2,018.40 METRO INSP SERVICE CONTRACT PYM
2, 018.40
o
3 f 3M64 10/28/87 1 64 MT I. D I STR I SUPPLIES
4 313M64 10/28/87 43.35 MTI DISTRI'SUPPLIES
159.99
71 * * * * **
8
9 313M79 0/28/87 338.66 MN UC FUND SUPPLIES
338.66
1 CITY OF MAPLEWOOD
128.10
CHECK REGISTER
CHECK NO.DATE AMOUNT VENDOR ITEM DESCRIPTION
NORTH ST PAUL CITY UTILITIES31
313N30
313N14 1 0/29 /87 33.17 NELSON CAROL M TRAVEL TRAINI
33.17 *
313N1 S 10/28/87 18.20 NELSON ROBERT TRAVEL TRAINING
le.eo
10/28/87 31.68 NORTHERN DOOR CO SUPPLIES
31.6a
313N26 10/28/87 205.51 NESS SUPPLIES
313NET
313N30 10/28/87 128.10 NORTH ST PAUL CITY UTILITIES
3N30 10/29/87 NORTH ST PAUL CITY UTILITIES31
313N30 10/28/87 66.00 NORTH ST PAUL CITY UTILITIES
1,366.91
313NSS 10/28/87 31.68 NORTHERN DOOR CO SUPPLIES
31.6a
313029 10/28/87 15.00 OCTOPUS CAR WASH CONTRACT PYM
313029 10/28/S7 130.00 OCTOPUS CAR WASH CONTRACT PYM __
313029 10/28/$7 50.00 OCTOPUS CAR WASH.CONTRACT PYM
313029 10/28/87 5.00 OCTOPUS CAR WASH CONTRACT PYM
200.00
313P30 10/29/87 31000.00 PETERSON BELL CONY RETAINER
3s000-00
313P40 10/29/87 4.65 pN_oToS-_To GO SUP
4.65
313P45 10/29/87 66.00 PITNEY BOWES LEASE
313P4S 10/29/87 66-00
IPITKEY BOWES
132.00
313PSO 10/29/87 22.10 POSTMASTER POSTAGE
22.10
10/28/87 20200.00 NCR CORP
I0/E8/87- 439.00 NCR CORP
28639.00
CONTRACT PYM
CONTRACT PYM
w -. )J'r..:: ya. NC.iY. - A)n . ':y,y ..•. v,- ...)'.rF "w:i> . .. x • K {w - w .Lp. w. .... ., ti . . .. ..• .. ... ..
1957 CITY OF MAPLEWOOD CHECK REGISTER
CHEEK _ NO. DAT AMOUN VENDOR ITEM DESCRIPTION
313EOE 10/29/57 212 S T OFFICE
X1241 13.83 POWER BRA EQUIPP SUPPL I E S
10/7.39
13.83 *
t sl
5 313305 10/29/87 9.84 S 6 T OFFICE SUPPLIES
47
313809 10/29/87 4,240.16 RAMSEY COUNTY CONTRACT PYM
31 - _3809.__ -__.,10/1!9 /ST 16.RAMSEY COUNTY CONTRACT PYM
58.
313RO9 10/29/87 408.14 RAMSEY COUNTY CONTRACT PYM
313R09 10/29/S7 272.52 RAMSEY COUNTY CONTRACT PYM
313R_0 -1 09/87 _ _7.RAMSEY C_OUNTY CONTRACT PYM ,
i J 313809 10/29/87 124.21 RAMSEY COUNTY CONTRACT PYM - - -___
14.313RO9 10/29/87 49.40 RAMSEY COUNTY CONTRACT PYM
CONTRACT
313.339 10/29/87 9,086.70 SHORT
i
17
1
CONTRACT PYM
31353 10 /2_ 9/87
313R13 10/29/87 42.60 RAY DAVIS SONS SUPPLIES
PYM
313539
42.60
2,SHORT
w
HENDR CONTRACT PYM
3135.39
313R47 10/29/87 28.00 ROADRUNNER DELIVERY
PYM
28.00 *
313503 10/29/87 15.54 SPS OFFICE PROD OFFICE SUPPLIES
301 313503 10 /29/87 16.78 SPS OFFICE PROD OFFICE SUPPLIES
3'313503 10/29/87 64.68 SPS OFFICE PROD --OFFICE SUPPLIES__
j'313503 10!29/87 127.20 SPS OFFICE PROD OFFI SUPPLIES
33'313503 10 --9.36-SPS OFFICE PROD OFFICE SUPPLIES
34!313503 10/29/87 44.91 SPS OFFICE PROD OFFICE SUPPLIES
313503 10/E9/87 26.46 SPS OFFICE PROD OFFICE SUPPLIES
3 313503 10 /29/87 41.74-SPS OFF PROD OFFICE SUPPLIES_3;
i 313503 10/29/87 37.34 SPS OFFICE PROD OFFICE SUPPLIES
313203 10/29/87 112-14 SPS OFFICE PROD OFFICE SUPPLIES
313 10 /2_9/87 292.00 SPS OFFICE PROD SUPPLI
ail
2'
313EOE 10/29/57 212 S T OFFICE SUPPLIES
313805 10/7.39 S & T OFFICE_SUP
5 313305 10/29/87 9.84 S 6 T OFFICE SUPPLIES
47 313505 10/29/87 39.48 S 6 T OFFICE SUPPLIES
58.
PYM "313S39 10/29/87 225.44 SHORT ELLIOT HENDR CONTRACT
313.339 10/29/87 9,086.70 SHORT ELLIOT HENDR CONTRACT PYM
31353 10 /2_ 9/87 3 SHORT EL HEN CONTRACT PYM
313539 10/29/87 2,SHORT ELLIOT HENDR CONTRACT PYM
3135.39 10/29/87 469.38 SHORT ELLIOT HENDR CONTRACT PYM
Page
C - A... . + 3i_'; wvr% :+: ct4:.:: .,.. stv.. ; i::?`.. 1Y.,.. LSV.:, iSn .'u..V "..'ariFtr.tY+.S.>,..: ... _..sue. >. -resxCislJ.cl.G
1987 CITY OF MAPLEWOOO
CHECK REGISTER
VENDOR ITE D
CH NO. DATE AMOUNT
10 /29 /ST313539 1T 42.74 SHORT EL LIOT HENDR CONTRACT PYM
3 t 33.9 't Q19187 c24.50 SHORT ELLIOT_ HENDR CONTRACT ------- - - - - --
9,370.87 SHORT ELLIOT HENOR CONTRACT PYM
313S39 10/29/87
23,297.92
t 0 - f87 ?
T CONT -- - - - -"
a
tt.95 STANDARD SP6 ALIGN REPAIR.MIAINT
d.313S70 10/29/87 1 REPAIR MAINT
3 3S70 1 0/ f07 111 . 9s STANDARD SPG ALIGN!
f87 35E.09 STANDARD SPG ALIGN SVPPLI
313S70 t pf29
313570 10/2 9f87 369.53 STANDARD SPG ALIGN SUPPL
945.52
f29f87 35.00 STEEPEN SCOTT CANINE
313584 1 0
35.00
3!
di
6 T A . SCHIFSKY SONS REPAIR MAINT _
313_79 10 /29/87 -- REPAIR MAINT
313TE9 10IC9fST 6,SE9.78 T.A.SCHIFSKY SONS
7,908.29
SU I
y 10 110. _ TESSMAN SEE - ___ES
313T43 .110.90
i
7r ___ SUPPLIES
313TSO 10/2 9/S't 19.73 T J AUTE PARTS
1.9 73
z
901.11313T65iQ /E9 /8T TK A
901-.114: _
7 INIhIG _
344 W29/87 2.60 VIETOR LORRAINE TRAVEL TRA
z$ 3 i 2 .60
30`
3, * * * * **
SUPPLIES
3i3Y50 10/29/87 14.95
55.00
YOCUM OIL
SUPPLIES33 ' YO CUM OIL
54 313YSO 10/29/87 _.
95
10
t.',U: ' -F Tr'c s.x: n - KT' -:Y`M'rt'+i",N"Y$9S.•7$a`N „`lkz. . -. - ... _ - ..
F
Y
Pagel 11
7
b LC TIJIAI FEESINDICATESSTEMSFINANCEDBY ?
1987 CITY OF MAPLEWOOD CHECK REGISTER
AM VENDOR ITEM DESCR
1 1.Er9_/_191. 18 Z MF CO -SUPPLIES
0!
3 313240. 10/29/87 11.84 ZIEGLER INC SUPPLIES
3 ____3 .l_.3.Z!t 1_0/_29/67_ _279.ZIEGLER INC SUPPLIES -- - - - -
0 291.48 *
48 FUND 01 TOTAL GENERAL. —_
14.176.39 FUND 03 TOTAL HYDRANT CHARGE
C FUND-11 TOTAL PARK DEVELOPMENT
2 FUND 13 TOTAL.C.I.P.
97.50 FUND 31 TOTAL 78-24 BEAM W OF I
157.48 FUND 36 TOTA 83 -1 FROST AV ADI
3 225.44 FUND 37 TOTAL 87 -1 - 4 - HOLLOWY BEE
S s 776.09.FUND,4.S TOTAL 84 -12 BEAM .W OF
31 .40 FU S3 TOTAL 85 -1 T SOUTHLWN —BE
7,644.72 FUND 63 TOTAL 86-3 CENTURY AVE
176.71 FUND 64 TOTAL 86 -4 CTY RD C&HWI
2 FUND 65 TOTAL 86 -5 HILLWD DR —E
I $88 -SO `FUND 71 TOTAL 86 -13 CAVES STERI
2,.814. 70 -FUND 73 TOTAL.86—IS WTR DISTR I
9 ., 420 .CT FUND T6 TOTAL 86 - 22 HILLCREST I
621.00 FUND 79 TOTAL 86 - 2S CNTY RD C t
g 3,734.50 FUND 81 TOTAL 86 -33 BUDD KOLBY
Q'1 3, 238.50 FUND 8 TOTAL 86 -28 CAVES NEVA[
5, 31 6 - . 08 FUND 90 TOTAL SANITARY SEWER Ft
y 338.66 FUND 95 TOTAL PAYROLL BENEFIT
4 3, 358.83 FUND 96 TOTAL -VEHICLE 6 EQUIP t
117..037.92 TOTAL
7
b LC TIJIAI FEESINDICATESSTEMSFINANCEDBY ?
1987 CITY OF MAPLEWOOD CHECK REGISTER
28SD69 I I /Oe/87 1,572.53 DONS.PAINT SHOP REPAIR MAINT VEN.
288D69 11 /02/$7 3 740. 63 DONS PAINT SHOP REPAIR MAINT VEH
Ss313,16
28SE64 10/30/87 10000.00 EMP BENEFIT TRUST. DENTAL CLAIMS
10000.00
AMO_U VEND-OR ITEM DESCRIPTION
287M69 10/30/87 5$180.50 MINN STATE TREASURER LICENSE
S I a 0 -SO-.-*
288061 11/02/87 12.49 ASTER ANDREA J REPLACEMENT CK
12.49
11/02/.87 0.00 AURELIUS CRAIG CLEAN UP
s0. 00
288830 10/30/87 403..53 BLUE CROSS INSURANCE
10/30Z$7 1,,238.24 BLUE CROSS INSURANCE
288B30 10/30/8T 41600.66 BLUE.CROSS,INSURANCE
61242.43
e,8-U4 0 10130187 110.00 CLERK OF COURT CNTY FILING FEE
11
288C42 10/30/87 6.63 COMMERCIAL LIFE INS INSURANCE
288C42 10/3018T 88.12 COMMERCIAL LIFE INS INSURANCE
288C42 1030/87 313.22 COMMERCIAL LIFE INS INSURANCE
288C42 10/30/87 5061.73 COMMERCIAL LIFE INS INSURANCE
914 To
Ai
288D24 10/30/87 68:.04 DEPT NATL RESOURSES DNR LICENSE
3 288024 10/30/87 58.00 DEPT NATL RESOURSES DNR LICENSE
2.SaD24 10/30/8T 40,00-DEPT NATL RESOURSES DNR LICENSE
166-00
288040 11/02/8T 150.00 DEPT OF PUBLIC SFTY.CONTACT PYM
si
iso.00
28SD69 I I /Oe/87 1,572.53 DONS.PAINT SHOP REPAIR MAINT VEN.
288D69 11 /02/$7 3 740. 63 DONS PAINT SHOP REPAIR MAINT VEH
Ss313,16
28SE64 10/30/87 10000.00 EMP BENEFIT TRUST. DENTAL CLAIMS
10000.00
Page
1987 CITY OF MAPLEWOOD CHECK REGISTER
VENDOR ITEM DE I _PT I ON
288G78 10/30/87 72.9E GROUP HEALTH INC INSURANCE
1,418.84 _ ..G HEALTH INC I NSUR . NCE --
28SG78 10/30/87 5,81.66 GROUP HEALTH INC INSURANCE
6a973.4S
E88M59 10/30/87 1 _MI ST TREASURER_LICENSE - --
288M69 10/30/87 271.00 MINN STATE TREASURER LICENSE
288M69 10/30/87 489.00 MINN STATE TREASURER LICENSE
RY
288N8 0 -10/30/87 1 0.03 N . S . P UTILITIES
288N80 10/30/87 2.50 N.S.P UTILITIES
N . S . P UTILITIES_ -_
UTILITIES288N8010/30/87 2.50
2.50
N.S.P
N.S.P UTILITIES
28SN80
8.$ N 8 0-
10/30/87
10/30/87 2 . S 0 N . S . P UTILITIES
E -
288N80 11/02/87 2.50..N.S.P UTILITIES
28SN80 10/30/87 242.20 ht,S.P UTILITIES
8.8NB.0J8 128 _ 8 N . S . P UTIL,ITI.ES - - -.
A - - __._...-288N80
1._0-./
10/30/87 61.84 N.S.P UTILITIES
288N80 10/30/87 109.14 N.S.P UTILITIES
10/30/87 15 2. 2 8 N . S .UTILITIES
288N80 10/30/8T 84.75 N.S.P UTILITIES
28$N80 10/30/8T 42.69 N.S .P UTILITIES
2.88-N.8 13.0_/8'6,33 N. S . P U -
288N80 10/30/8T 11.T8 N.S.P UTILITIES -
288N80 10/30/8T 5.45 N.S.P UTILITIES
10/30/87 53.12 N.S.P UTILITIES
288N80 10/30/87 5.45 lV. S . P UTILITI
288N80 10/30/87 37.N.S.P UTILITIES
2$.1V$ Q_._1_t?j_j0 4Z4 . 9 N. S . P'UTILITIES_
2$8N80 10f30f87 266.92 N.S.P UTILITIES
288N80 10/34187 122.91 N.S.P UTILITIES
288N80 1_0/3.0/87 205.0 N .S.P UTILITIES
288N80 10 13.08 N . . P UTILITIES
288N80 10/30/87 115.64 N.S.P UTILITIES
7 N.S.P UTIL -ES
288N80 10/30/87 1.21 N.S.P UTILITIES
A'' 2BBN80 10/30/87 91.73 N.S.P UTILITIES
288N8O 10/30/87 154.15 N.S.P UT --
288N8a 1 0%30/87 17.30 N UTILITIES
288N80 10/34/87 235.81 N.S.P UTILITIES
1 0 / / 87 13.6 N.S.P UTILIT -
7
2
288P50 10!30/87 3,404.00 POSTMASTER'POSTAGE
Page. 3
t
s
1987 CITY OF MAPLEWOOD CHECK REGISTER
Atiou VEN I DESCRIPTION
3,
3,000.00 *
14 .3- OZa.7-172- HAIR E IN
288S28 10/30/'87 420.00 SHARE INSURANCE
288S28 11/02/87 03 SHARE INSURANCE
3 -'088828 - - - - --M3-0-l8 3000-0- 00 SHARE I NaU AN.CE-
11
3,592.91
2891M69 10/30/87 6,308.65 MINN STATE TREASURER LICENSE
1 - 0.1- 30- /8-58.- 0 0 ___ _M INN STAIF TREA- 34REIR LI_CENS.
6,966.65
289P95 10/30/87 7,843.60 P.E.R.A PERA
p.8-9p9-s----10 /.3..O Z87-10 8 -44A-,32-P.E. R . A PE A
3,
18, 249.92
3-,;
292AOS 10/30/87 431.4S AFSCME:UNION DUES
431 -'!° -
23+
292C3S 10/30/87 20,177.00 CTY CNTY CR UNION CREDIT UNION
3
20, 177 .00
1292_I_t.s 1 3, 895.34 I DEFERRED
j '292I18 10/30/67 1,SQ2.09 ICMA
COM
DEFERRED COMP
5,697.43
2..9E.IM_i -S _ - -_1_S MAPL DANK P/R D
1 =292M15 10/30/87 15,351.95 MAPLEWOOD BANK.P/R DEDUCT
292M15 10/30/87 387.50 MAPLEWOOD BANK P/R DEDUCT
292.ttt 1 5.4 8.73 _.: _MAPLEWOOD BA P/R DEDUCT
6I 25,556.91
7
292M18 11/02/87 1.00-METRO SUPERVISORY UNION DUES
10/a0./8-7-15,00 METRO SUPER UN DUE
14.00
6 292M35 10/30/87 311.70 MN BENEFIT ASSOC P/R DEDUCT
Page v
1987 CITY OF MAPLEWOOD CHECK REGISTER
2.95_M6.9 ____ 1 ,O Z3 / 7, 151 . 00 MINN STATE TREASURER, LICENSE
29SM69 10/30/87 439.00 MINN STATE TREASURER LICENSE
j 7,590.00
10/30/87 21 ..RAMSEY CNTY COURT AMB RUNS
CHECK__N ..._DA.TE AMOUNT VEN ITE DESCRIPT ION
31 1 .70
z
2- 9. 2hl6_1__.._i--- 0/_3.160 .00 MN MUTUAL LIFE INSURANCE
160.04
292M65 10/30/87 7, 576.55 MN ST COMMAEVENUE SWT PBL
7,576.55
292M68 10/30/87 117.53 MN ST RETIREMENT DEFERRED COMP
292M68 10/30/87 78.47 MN ST RETIREMENT DEFERRED COMP
196.00
292M69 10/30/87 8,547.77 MINN STATE TREASURER LICENSE
56.. 00 _ --MINIM STA TR LICEN
9, 112.77*
293495 11/02/87 1 0, 000.00 BUSINESS RECORDS CONTRACT PYM[
10
J'
293531 11/02/87 1,400.00 BEERY DENNIS REXANNE CONTRACT PYM1
1.,400.00
293535 1 560.00 WARNER JOHN &CAROLYN EASEMENT
560.00
f
293M69 10/30/87 7,569.57 MINN STATE TREASURER LICENSE
7,
294C40 10/30/87 105.50 CLERK OF COURT CNTY FILING FEE
7i 10.5.50
2.95_M6.9 ____ 1 ,O Z3 / 7, 151 . 00 MINN STATE TREASURER, LICENSE
29SM69 10/30/87 439.00 MINN STATE TREASURER LICENSE
j 7,590.00
10/30/87 21 ..RAMSEY CNTY COURT AMB RUNS
P
1987 CITY OF MAPLEWOOD CHECK REGISTER
29.6E 1.0/3.0 1 EMP BENEFIT TRUST DENTAL CLAIMS
1
296GES 11/02/87 36.22 GEISSLER WALTER REFUND
36.22
896H70 11 /0e/87 t'iVK IrCI.L JWWI f r7 1 Rn I RAili17V
167.00
7133 0 7 t} ___ MINN S TREASURE LICENSE
296M69 10/30/8T 533.00 MINN STATE TREASURER LICENSE
7,863.70
AMO.VEN .I DESCRIPTION
6hta0 101 87 1.965.35 N.S.P UTILITIES
296N80 10/30/87 2.50 N.S.P
214.00
296N80 10/30/87 3.67.N.S.P UTILITIES
C_96 1 N .S.P UTILITIE
296N80
2.96.53.4-----
N.
INSTRUMEN EER TRAVEL T
3.67
68.71 N.S.P
a5.00
2-9 6.N- 8r0`__-tV- 3 -0- / T 10 4. f 7 _-N. S. P UTILTIES _
29.6N80 10/30/87 74.33 N.S.P UTILTIES
296N80 10/30/87 497.71 N.S.P UTILITIES
2.9_6NS 1 74.74 --
296022
296C22
296022
296022
296022
11/02/87
11/02/87
11/02/8.7
11/02/87
11/02/87
1__ 1_ /02/87
2.22
10.44
OS-
12.37
71
6.29
23.70
16.04
COMM /REVENUE
COMM/REVENUE
COMM /REVENUE
COMM /REVENUE
C0Mmh !R-E V ENUE.
COMM /REVENUE
COMM /REVENUE
COMM /REVENU
DIESEL FUEL
D I ESEL__FUEL.
FUEL TAX
DIESEL FUEL
DIESEL F U E.L_
DIESEL FUEL
DIESEL FUEL
DIESEL FUEL
TAX
TAX
TAX
TAX _
TAX
TAX
TAX
296022 11/02/87 7.52 COMM /REVENUE DIESEL FUEL TAX
93.24
29.6E 1.0/3.0 1 EMP BENEFIT TRUST DENTAL CLAIMS
1
296GES 11/02/87 36.22 GEISSLER WALTER REFUND
36.22
896H70 11 /0e/87 t'iVK IrCI.L JWWI f r7 1 Rn I RAili17V
167.00
7133 0 7 t} ___ MINN S TREASURE LICENSE
296M69 10/30/8T 533.00 MINN STATE TREASURER LICENSE
7,863.70
6hta0 101 87 1.965.35 N.S.P UTILITIES
296N80 10/30/87 2.50 N.S.P UTILITIES
296N80 10/30/87 3.67.N.S.P UTILITIES
C_96 1 N .S.P UTILITIE
296N80 10/30/$7 N.UTILITIES
296N80 10/30/87
3.67
68.71 N.S.P UTILTIES
2-9 6.N- 8r0`__-tV- 3 -0- / T 10 4. f 7 _-N. S. P UTILTIES _
29.6N80 10/30/87 74.33 N.S.P UTILTIES
296N80 10/30/87 497.71 N.S.P UTILITIES
2.9_6NS 1 74.74 --N.S.P UTILTIES
296N80 10/30/87 379.54 N.S.P UTILTIES
296N80 10/30/87 S.4S -N.S.P UTILTIES
Page: 6
1987 CITY OF MAPLEWOOD CHECK REGISTER
D_ATE._AMOUNT VENDOR ITEM DESCRIPTION
296N80 10/30/87 90.10 N. S. P UTILTIES
29 6 N8. - - - - - --to/3O1—S 1 `. S F UTILTIES
296N80 10/30/87 6.54 N.S.P UTILTIES
296N80 10/30/87 677.45 N.S.P UTILITIES
677.45.-N. S. P UTILITIES_ - - --
296N80 10/30/87 677.45 N'. S . P UTILITIES
s
296P95 10/30 /87 36.00 P.E.R.A PERA P
t .
36. Q0
299482 11/02/87 28.00 BUSSE JANET REFUND
t JI
28.00
299533 11/02/87 10.00 GRAPP SHARON REFUND
10.00
2 9A E- --i 1Z4 9 .00 ANDERSON CAROLE_PETTY CASH__
299A22 11/02/87 9.48 ANDERSON CAROLE PETTY CASH
299A22 11/02/87 01—ANDERSON CAROLE J PETTY CASH
299A22 11/1.84 ANDERSON CAROLE PETT CASH
M '299A2c 11/02/87 2. 29 ANDERSON - CAROLE PETTY CASH
s 299A22 11/02/87 23.00 ANDERSON CAROLE PETTY CASH
4S.60
299024 10/30/87 120.00 DEPT NATL RESOURSES DNR LICENSE
299D24 10/30/87 33.00 DEPT NATL. RESOUR DNR LICENSE
10/30_/87 54.00._.____DEPT NATL RESO DNR LICENSE
207.00 *
299M69 10/30/87 7,329.75 MINN STATE TREASURER LICENSE
10/.3_0_/8 594.00 MINN STATE T LICENSE
7,923.7S
171
30OM20 10/30/87 4S,675.00 METRO WAST SAC PBL
210.00 METRO WAST SAC PBL
300M20 10/30/87 4S6.7S—METRO WAST SAC PBL
V
4S, 428.25
10130187 7 682.85 .MlNNL. STATE. TREASURER LICENSE
Page:ags 7
I)
1987 CITY OF MAPLEWOOD CHECK REGISTER
H.EOK:_N.Q._.D.A`T AMO VE lDQR ITE _ -DECR I PT I0N
30QM69 10/30/87 480.00 MINN STATE TREASURER LICENSEj3CC1687 .
34;
t
o
35 ` 303530 11/02/87
s
78,348.68 MINN —KOTA EXC.
30OM71 11/02/87 3l MN ST TREAS SURTAX SURTAX PBL
30OM71 11/02/87 65.16 -R MN ST TREAS SURTAX SURTAX PBL
303BOS 11/02/87 42,000.00 BANNIGAN KELLY CONTRACT PYM
Li.
2
3 30ON23.11/02/87 88.00 NE SOCCER ASSOC CONTRACT PYM14
t
30ON23 11/02/87 5,839.00 NE SOCCER ASSOC CONTRACT PYM
5
s;
301M2S 11/02/87 250.00 MCGUIRE MICHAEL MILEAGE
250.00 *
23i
771 00 MINN STATE TREASURER_LICENSE
301 M69 10/30/87 84.00 MIND STATE TREASURER LICENSEs
27
wa s 855. 0
3 11/02/87 1 S . 00 NATL REGISTRY EMT TESTING
32
15.00
34;
35 ` 303530 11/02/87
s
78,348.68 MINN —KOTA EXC.CONTRACT PYM
78,348.6837:
3 * * **
i
3
303BOS 11/02/87 42,000.00 BANNIGAN KELLY CONTRACT PYM
422
fi
a; `03C2 11/02/ 87 10 00 COMKISS /REVENUE FUEL OIL
7{10.00
1987 CITY OF MAPLEWOOD CHECK REGISTER
CHEM_:NO._,DATE.AMOUNT VENDOR ITEM DESCR I PT I Ohl
y 303M69 11/02/87 11,649.00 MINN STATE TREASURER LICENSE
11 539.50_ .MINN STATE TREA LICENSE
3
1' 2, 188.50
303P9'S 11/02/87 7, 917.1 0 P . E . R . A PERA PBL
303P9 11/0 1 0, 478.34 _P . E . R . A PERA PBL
18
225,987.99 FUND 01 TOTAL GENERAL
1,960.00 FUND 02 TOTAL MISC NON- DEVELOPI
1,394-FUND 03 TOTAL HYDRANT CHARGE
Y 42,000.00 FUND It TOTAL PARK DEVELOPMENT
10 FUND 13 TOTAL C.I.P.
25 07.F 63:TOT 86 -3 CENTURY_ AVE
i 78,348.68 FUND 76 TOTAL 86 -22 HILLCREST1
i , 063.13 FUND 90 TOTAL SANITARY SEWER FI
2 FUND 94 TOTAL DENTA SELF -INSUI
41,T63.03 FUND 9S TOTAL PAYROLL ^ BENEFIT
103.24 FUND 96 TOTAL VEHICLE + EQUIP 1
430,228.23 TOTAL
i
1
7
r
1
ri
11391 10 --4474 JAHN DAVID J 668u25
11, X93 1270188 CURE LARRY J 242. 40
11394 12- -0908 Z UE RCHE R JOHN L 157n6@
S _ . E . R .
rE _ -____ _ __- EMERGE`NCY..._._SERVICES——-
i
11396 21- -1078 FAUST DANIEL F 1848. 28
t
DIVISION 21 FINANCE ADMINISTRATION 1846n28
11397 22 -4432 MUELLER MARGARET A 853w15
11399 22- -755+ V I GNAL.O — DELO RES
11400 22 ` 26*/ AN CAROL.E J 1146.46
Wi
DIVISI 22 ACCOUNT ENG 3 720, 1 l
DA's E 10/27/81 C I T Y O F M A P L. E W 0 t
1700.00
PROGRAM P R 10 PAYROLL CHECK REGISTER REPO 1
NUM
11390 02- -9671 BEHM LOIS N 852. 25
to
CITY MANAGER
EMPLOYEE NUMBER NAME PAY
a
1138484 0 1--0109 G REAVU JOHN C 400. OO
1138§01- -0480 WAS I LUK CHARLOTTE P 3'1 5. 0O
1. 18 -___ __BAST .AN-GARY w
11387 01--7538 JUKER FRANCES L 325. 00
11388 01- -4068 ANDERSON NORMAN G 3251i 00
ri
11391 10 --4474 JAHN DAVID J 668u25
11, X93 1270188 CURE LARRY J 242. 40
11394 12- -0908 Z UE RCHE R JOHN L 157n6@
S _ . E . R .
rE _ -____ _ __- EMERGE`NCY..._._SERVICES——-
i
11396 21- -1078 FAUST DANIEL F 1848. 28
t
DIVISION 21 FINANCE ADMINISTRATION 1846n28
11397 22 -4432 MUELLER MARGARET A 853w15
11399 22- -755+ V I GNAL.O — DELO RES
11400 22 ` 26*/ AN CAROL.E J 1146.46
Wi
DIVISI 22 ACCOUNT ENG 3 720, 1 l
DIVISION 01 LEGISLATIVE 1700.00
i
A _ __.. Z33e : 55 7
11390 02- -9671 BEHM LOIS N 852. 25
DIVI 02 CITY MANAGER 3182n84
ri
11391 10 --4474 JAHN DAVID J 668u25
11, X93 1270188 CURE LARRY J 242. 40
11394 12- -0908 Z UE RCHE R JOHN L 157n6@
S _ . E . R .
rE _ -____ _ __- EMERGE`NCY..._._SERVICES——-
i
11396 21- -1078 FAUST DANIEL F 1848. 28
t
DIVISION 21 FINANCE ADMINISTRATION 1846n28
11397 22 -4432 MUELLER MARGARET A 853w15
11399 22- -755+ V I GNAL.O — DELO RES
11400 22 ` 26*/ AN CAROL.E J 1146.46
Wi
DIVISI 22 ACCOUNT ENG 3 720, 1 l
DATE 10/27/87
PROURPM PR 10
C I T Y 0 F M A P L E W 0
PAYROLL CHEEK REGISTER REPO
A;'FlECW--
NUM EMPLOYEE NUMBER NAME PAY
11401 31-2198 AURELIUS LUCILLE E 1705. 48
48161140231 SELVOG BEITY D 124.00
sC`t4ADT__'_- 85- JEANNI I=
Di vi
11404 33—Ob4-1 KELSEY CONNIE L 403n83
11405 33-4435 VIETOR LORRAINE S 730. 0O
PAT-R-'I-C`l'A'-'-'--R 4. " 55 B'* 35
11407 33-6105 CARLE JEANEfTE E 607w45
11408 33-8389 GREEN PHYLLIS C 1 088. 33
DIVISION 33 DEPUTY REGISTRAR 3223o44
KENNETFT-
11410 41-2356 RICHIF.CA ROLE L 732= 63
11411 41 —2934 SVENDSEN JOANNE M 1076a 51
14'1 88-1
11413 41-7636 OMATH JOY E 720.25
11414 41-9263 MARTINSON CAROL F 737.11
DIVISION 41 PUBLIC SAFETY ADMIN 6855.86
Z,APPPf------JOSEPH-
11416 42-0251 STILL VERNON T 1308m68
11417 42-0457 SKALMAN DONALD W 1357.
1 -1-4 CAROL-
11419 42-0990 MORELLI RAYMOND J 1332n68
11420 42 —1204 STEFFEN SCOTT L 1323m 08
11422 42-1577 BAN ICK JOHN J 1570a 90
11423 42-1660 BOHL JOHN C 1394, 20
11425 42 —1930 CLAUSON DALE K 1357m 48
11426 42-2063 MOESCHTER RICHARD M 1474s 24
r ^rte - -ATCHISON--jow TR;F — — - - - - - - - -
11428 42 —2884 PELT WILLIAM F 1455,e26
40p
DATE 10/27/87 C I T Y 0 F M A P ,L E W 0
PROGRAM PR10 PAYROLL CHECK REGISTER RE PC
CHECK
NUM EMPLOYEE NUMBER NAME PAY
1171
11429.42-2899 SZCZEPANSKI THOMAS J 1310. 82
11430 42-3243 WELCHLlN CABOT V 1084. 90
45--------F-I-RE---
11442 43-0009 KARIS FLINT
11432 42-4775 PALMA SIEVEN T 879o88
11433 42-4916 HERBERT MICHAEL J 1422. 46
1431v-42-61
DAVID J 1529.12
11435 42-7686 MEEHAN, JR JAMES E 1308. 68
11447 43-4316
11436 42-82P6 STAFNE GREGORY L 1332a 68
VORWERK
143*7-- -*--*4 .8434-BECKS
1-1-449----- 43--"74 1-a
69—
4V 11438 42-8516 HALWEG KEVIN R 1796m 50
1381. 48
11439 42-9204 STOC KTON DERRELL T 1381 a 00
qmos=RRUL
11441 42-9867 BOWMAN RICK A 1524m 22
1171
DIVISION 42 POLICE SERVICES
EMBERTSON JAMES
6864w 08:
a3-rMANE--
45--------F-I-RE---
11442 43-0009 KARIS FLINT D 1467o73
1-4 4 3--- --43"'- 046 & --------HE-1
11444 43-1789 GRAF DAVID M 1405a 48
11445 43-2052 THOMALLA DAVID J 1529.12
11-446-- 43 2*220 1 YOUNG RE UL ls'[ _..._ _ .SS "
11447 43-4316 RAZSKAZOFF DALE E 1396: 68
11448 43-6071 VORWERK ROBERT E 1405,m4 8
1-1-449----- 43--"74 1-a BERGE RON.----
11450 43-7791 MEL ANDER JON A 1381. 48
0 1
DIVISION 43 PARAMEDIC SERVICES 1324.62
1171
11451 45-1878 EMBERTSON JAMES M 1431.
a3-rMANE--
45--------F-I-RE---PREVENT-1-ON-
11453 46-0183 RABINE JANET L 936w09
11454 46-0322 STAHNKE JULIE A 908681
BOYER—-SCOTT
11456 46-2990 SARAFOLEAN JULIA A 730. 17
DATE 10/*27/87
PROGRAM PR10
C I T Y 0 F M A P L E, W- 0
PAYROLL CHECK REUISTER REPO
DIVISION 46 DISPATCHING SERV 8074w08
11461 51-0267'BARTA MARIE
GROSS
693w05
NUM EMPLOYEE NUMBER NAME
Ham LR ---
PAY
11473 53 -1010
46-4801 RYAN MICHAEL P 163.4a 35
M
11458 46 -5919 NELSON KAREN A 99 41
PRIEBE
3372u38
THOLEN----SFlpww M a
IRISH
11460 46-7236 FLAUGHER JAYME L 1076a 51
DIVISION 46 DISPATCHING SERV 8074w08
11461 51-0267'BARTA MARIE L 693w05
51' " 6 87 2'Ham LR ---
11473 53 -1010
11463 51-8993 CHLEBECK JUDY M 884,25
RE L`
DIVISION 51 PUBLIC WORKS ADM IN
PRIEBE
3372u38
1155. 45:
11476 53-3185 IRISH BRUCE A 1342,s 46i
11464 52—Ob47 MEYER GERALD W 1119m85,
11476 53 —6109 GEISSLER
Y%ANE
M 1337 27,
11466 52-1431 LUTZ DAVID P 1042n 65
11467 52-3473 KLAUSING HENRY F 1102. 65
LOFGREN
t-1468 ..... .
R 857w05
11469 52-4501 OSWALD ERICK.D 75-3F. 05
MAINT
11470 52-6224 TF.VLIN, JR. HARRY J 1110m73'
7-*t-,-------52;"6254--RON
11472 52-8314 CASS WILLIAM C 1497a 661
DIVISION 52 STREET MAINTENANCE 9930u46
11473 53 -1010 ELIAS JAMES G 1203a 45,
1_ t 4-7 ....._ - ::-_ t 8 8 ._.RE L`D t ,__ ; :._4.
11475 53-2522 PRIEBE WILLIAM 1155. 45:
11476 53-3185 IRISH BRUCE A 1342,s 46i
1 ESSELE
11476 53 —6109 GEISSLER WALTER M 1337 27,
DIVISION 53 ENS I NEE RING 7449u84
11479 54 —3775 LOFGREN JOHN R 857w05
DIVISION 54 PUBLIC WORKS BLDG MAINT 857m05
pq
DATE 10/27/87 C I T Y D F M A R L. E W O
PROGRAM PR10 PAYROLL CHECK REGISTER REP(
NUM EMPLOYEE NUMBER NAME PAY
11480 58-1014 NADEAU EDWARD A .1175. 40
1 1481 58-1590 MULWEE GEORGE W 1070a 87
1148 -58- 1720 _____.._.- _- _.____NUTESON
59- -1000 MULVANEY
144_ ._BG-_ -_
1 1483 58 --2563 B REHE I M ROGER W 1+ 70..87
11484 58 --2582 EDSON DAVID B 1110w14
OWES
DIVISION 59 VEH & EQUIP MAINT 2023.70
D I V I S I Utz ._ __. __._ 53 SAN SEWE t O PE RAT I C7w_
11488 59- -1000 MULVANEY DENNIS M 1 161. 85
1148 55 --2123 SPRE I GL GEORGE C 861,85
DIVISION 59 VEH & EQUIP MAINT 2023.70
a.......- ......... .,..,• w..+................w+.,.. ...,.- ......,.......,.e..ry awa.>.+e+e.v.... _ __ __ _ r.•.es.uawo.w.....«.,r...+w.
i
r.w.++....' _ - -- Sitit
11488--0.8 - -w_..._ . ___ - QDEGA RDM - .__._ _ __ _ _,_... _ __.ROBERT - ,,._....._.._ _._..._.D - -.l s 08 - a
11489 61-1066 B RENNE k LO I S
i
11490 61- -1993 KRUMMEL.BARBARA A 386. i8
PAUL
38
t Y
4276 0-8111
11432 62- 1998 WILLIAMS MATTHEW D 380. OO
11493 62-=:111 T RAVERS DANIEL L 102000
ANDERSON-- _ROB ERT_ __5-_-1 - - -0a--
11495 62-- 3915 L I NDORF F DENNIS P 1013a 05
11496 82--4097 YUi :E R WALTER A 81000
114
11498 62-5506 MA RUSKA MARK A 1180:06
11 499 62 -7219 DURKE MYLES R 1115. 13
GER*Klq I - --D I D - - _ _A _ i 0 _
s
1
11501 63-0170 ST RAUS LAURA i 36w75
11502 63r-1518 SHELDON LEO B 63m 05
1
DATE 10/27/8 7 C I T Y O F M A P L E W O
PROGRAM P R 10 PAYROLL CHECK REG I S rE R RE PC
UNU
NUM EMPLOYEE NUMBER NAME PAY
J
1151 64" - 2560 CONNE RS 1: I m 270* 52
1151; 84 --4:4 HQ RSWEL_L JUDITH A 448. 1
H ETCH I - NSow ___........r ._..A......... E 34 .. z M
11515 71 -01 `4 DOHF.HlY KATHLEEN M 80
11516 71 -0551 OLSON GEOFFREY W 1701. 48
WEG WE_Rl H- ___.
w. —,--
July I- TK...__.- . ..4.3`8.- 71_
11518 71 -8154 LIVINGSTON JOYCE L 377u48
DIVISION 71 COMM DEVELOPMENT ADf I N 3323n28 28
1 151 S 7: -7178 Ei:STRAND THOMAS G i 1, 1. 24
JOHtSfl_..... ..._ ._...H._..............V..... RA DAL . L .........._ 1 ....
D
11521 73 -0877 OSI ROM IAA RJO R I E 139 1. 26
11522 73 -194E CARVER NICHOLAS N 1055.45
f
DIVISION 73 BUILDING INSPECTIONS 450.71
1 1 b03 63-2012 HANNEGAN ANDREA 234m00O0
115c4 83 -2887 HOLLAND ANDREA m 37.50
11505 6cS81 - --Pq
11506 63 -3495 JOHANEK TODD 48w45
1150 63-4246 WARD ROY G 406 u 40
t 1 5 0 8 . _..__r 8 3 =- 5 4 8 ew -- _.. _- .--- ...--....PO D R ESQ: A R- _-___..
1 150 8, -6422 TAUBMAN DOUGLAS J 1056: 48
11510 8 ,- -8'4 ADAMS N I KK I 35. OO
r
DIVISION S3 RECREATION PROGRAMS 2101.51
J
1151 64" - 2560 CONNE RS 1: I m 270* 52
1151; 84 --4:4 HQ RSWEL_L JUDITH A 448. 1
H ETCH I - NSow ___........r ._..A......... E 34 .. z M
11515 71 -01 `4 DOHF.HlY KATHLEEN M 80
11516 71 -0551 OLSON GEOFFREY W 1701. 48
WEG WE_Rl H- ___.
w. —,--
July I- TK...__.- . ..4.3`8.- 71_
11518 71 -8154 LIVINGSTON JOYCE L 377u48
DIVISION 71 COMM DEVELOPMENT ADf I N 3323n2828
1 151 S 7: -7178 Ei:STRAND THOMAS G i 1, 1. 24
JOHtSfl_..... ..._ ._...H._..............V..... RA DAL . L .........._ 1 ....
D
11521 73 -0877 OSI ROM IAA RJO R I E 139 1. 26
11522 73 -194E CARVER NICHOLAS N 1055.45
f
DIVISION 73 BUILDING INSPECTIONS 450.71
0
0
ms
DATE 10/ 27/87 C I T Y O F M A P L E W 0
PROG P R 10 PAYROLL CHECK REGISTER RE PC
s
NUM EMPLOYEE NUMBER Ni4ME PRY
1 1b23- 74--0776 WENGE. R _ROBF. RT J 1181.85
11 74- -6025 MURPHY DONALD W 65a 00
7* 82b...,Lam CASSE
HEALTR -I NSPECT I*0N 5
NOT— Off._._ F_LLE. -. _ _141 ,. 8
4 1 "*4- i 1;4
Y
j
i
i
b
j
0
0
AGENDA NUMBER
Action by Council:
AGENDA REPORT
Endorse
Modiie
Re
TO: Cty Manager Bate.
FROM : H nance Di rector
RE: 'Policy., on; Ffl ing. Conciliation Court Cl aims. for .Ambul ance Bill s
DATE: October 28, 1987
INTRODUCTION
It has been past of icy to file claims in conciliation court on unpaidp
ambulance bills with a balance in excess of $20. The Court fili fee
is added to the claim .fi led in. Court. Approximately 72% of the bills
filed in Court are paid and 50/ of the f i l i n g fees. are paid. Bills unpaid
after Court action are referred to a collection agency.
BACKGROUND
has raised the filinglin fee three times since January, 198RamseyCountyg 6
and it is currently $11 on small claims (see attached) . Because of this,
the p oli cy regarding the minimum amount of a b i l l to file i n Court should
be changed. In addition, the criteria should be flexible so that the
minimum amount w i l l increase automatically as the .f i 1 i ng fee increases.
RECOMMENDATION
he new policy be that the uItsrecommendedthattpyaid ambulance billp
balance must be equal to at least three times the f i l i n g fee. Based upon
current f fee rates this new of icy would require the unpaid balance
33
g mount souldbeatleast . The cl aims f it ed i n Court on a bi l l of this a
11 fee . This of i c would eliminate the potential .be $44 (33 flng } policy
of having fees exceed 50/ of the unpaid bill. In conjunction w th the s ,
g referred to a collectionbillstoosmallforConciliationCourtwouldbe
agency if t were $10 or more.
ACTION REQUIRED
new policyc that the unpaid ambulance bill balanceCouncilapprovalofthenpynp ..
be equal to at least three times the filing fee in order fora claim
must q
to be filed in Conciliation Court.
DFF:Inb
RAMSEY COUNTY
MUNICIPALCOURT
DIVISION 6 r •» ...
1380 Frost Avenue, Maplewood. Minnesota 55109
6112) 777 -9111
Y co
R08ERTA G. WELTZIN
Senior. Clerk
PLEASE READ CAREFULLY BEFORE FILING 'CLAIM
If`.::you:.wish_.to file.-..a. claim : in : the,,Ramsey County Conciliation - .,Court,
it will - be necessary that you complete the enclosed. for^.
STATE: Plaintiff (s) name and address; Defendant (s) full name and
address - ( Defendant must be in .Ramsey County) ; the amount (not to
exceed $2,000-00-plus filing fee) ; what the claim is for; the date
the bill was incurred and the date of the last payment, if any.
Sign the claim in front of a Notary Public and .return it to this
of ice with the correct filing fee.Make checks payable to the
Clerk of Conciliation CoLix't" . You will be notified by main of the . .
date of the Court hearing, at which time it. will be necessary .that
you appear personally to present your claim to the_Court.
Flea'se remove the carbon and return both papers to the Clerk of
Conciliation Court.
AMOUNT OF CLAIM FILING FEE
0- 9 9.9 9 0: 0 9 0. 0 0 0 .. 1 .. 0 0 0 0 .. $1 &CGO 11900
100-499.99 ........... 0 .. 0 0 0. 4- r-4.0 15-e-Go 16.00
500-999.99:400 2-& 21.00
1 2, 0 0 0 ............ 00006 . -a- 2-x-:-8.0 2-5-.-00 2 6.00
Included In the above fee, there is a 9.00 State Surcharge and
a $3.00 Law Library fee on all claims filed. The filing fee. may
be added to your claim
Effective August 1, 1987
J. Kendall
clerk
AGENDA ITEM
MEMORANDUM Action by Council
Modifie
Rejected,
TO: City Manager Date
FROM: Assistant City Engineer
SUBJECT: Acceptance of Developer Project
Project 84 -11
DATE: November 4, 1987
Project 84 -11, South Oaks Second Addition, has been certified as complete in
accordance with approved plans and specifications and has ..satisfied the erigi neeri ng
department's requirements. It is recommended that the council pass the attached
resolution which certifies as complete and accepts the public streets and
utilities constructed under this project for maintenance and ownership.
jc
RESOLUTION
ACCEPTING UTILITIES FROM DEVELOPER
WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered
into a contract for public improvement of the project described as City Project
84 -11, South Oaks Second Addition,
WHEREAS, said project is certified as complete,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA
that this project is complete and the utilities and sti - gets hereby accepted as
part of the public systems.
Action by Council:
RESOLUTION
Endorsed
Mod1f .ed.
Rejected..
Date
Concerning the taxation of pension income received by former public employees,
volunteer firefighters and police and firefighters by the State of Minnesota.
WHEREAS, competent public employees and firefighters are needed to work for
public agencies and state and local governments to serve the citizens of Minnesota
and local governments, such as the City of Maplewood; and
WHEREAS, such competent public employees and volunteer firefighters have
dedicated their employment to serving the public; and
WHEREAS, such public employees and volunteer firefighters were previously allowed
to deduct the first $11,000 of their pension income from state income taxation,
pursuant to Minn. Stat. § 2 9 0.0 8, Subd. 26 (1986); and.
WHEREAS, such special benefit to public employees and volunteer firefighters
directly benefited the health, safety and welfare of the public, by enticing
competent people to work for governments and the citizens of Minnesota and
municipalities such as the city of Maplewood; and
WHEREAS, the hiring and recruiting of competent and qualified public employees
and volunteer firefighters to serve the public has been inhibited by repealing
such exemption, pursuant to Minn. Laves, Chapter 268, Article 1, Section 127 (1897);
and
WHEREAS, the difficulty of hiring competent public employees and volunteer
firefighters directly impacts the health, safety and welfare of the people of
Minnesota and the citizens of the City of Maplewood, much to the detriment of
society.
t
NOW THEREFORE, be it resolved by the Maplewood City } Council;
1. That the Minnesota Legislature is urged to rescind Minnesota Law Chapter
268, Article 1, Section 127 (1987), inasmuch as it repeals Minn. Stat. §290.08,
Subd. 26, concerning the exemption of pension income; and pass a new law in the
1988 legislative session, which would reinstate the exemption from state income
taxation of the first $11, 0 0 0 of pension income of volunteer firefighters 'and public
employees pursuant to former Minn. Stat. §290.08, Subd. 26 (1906)0
MEMO
To: Patrick. Kelly
From: Carla
Date: October 22, 1987
Re: Taxation of Pension Income of Public Employees
This. -.memo is. to give you some background .information on the 1VMinnesota. Statute which
previously exempted pension income of public employees and volunteer firefighters
from state income taxation of the first $11,000. Pursuant to Minn. Stat. §290.08,
Subd.2 6 (a) 1, 2, and 4 the first $11,000- of pension income of a public employee, a
volunteer firefighter, and police and firefighters were excluded from the Minnesota
income tax. Additionally, pension income from an IRA was also excluded from the
state income tax.
Minnesota Laws Chapter 268, Article. 1, Section 127 repealled such pension income
exclusions and repealled all other exemptions from gross income such as death benefits,
interest from government bonds and certain gifts . By repealling all of Section 290.08.
Essentially, the State of Minnesota has decided that all compensation, from whatever
source, will be taxable; and that former public employees will no longer have a privileged
position in paying their taxes.
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT /OWNER:
PROJECT:
DATE:
City Manager
Associate Planner, Johnson
Final Plat
Dorland Road and Dahl Avenue
Castle Design.and Development
Budd Kolby Second Addition
November 5, 1987
SUMMARY
Introduction
The applicant is requesting approval of the Budd Kolby Second Addition
final plat to create twelve single - dwelling lots and seven outlots.
Outlots A and B have been deeded to the city for drainage and park,
respectively. The other five outlots will be platted into lots at a
future date.
Recommendation
Approve the Budd Kolby Second Addition final plat.
f
REFERENCE
Past Actions
3-9-87:
Council approved a cul -de -sac length variance and the Buda Kolby
Second Addition preliminary plat (page 5) , subject to the following
conditions being met before final plat approval:
1. Phase II must connect to an existing street or to a street that is
guaranteed to be constructed. (Later phase)
2. Show a twenty -foot wide sanitary sewer easement from the Phase II
cul -de -sac to Outlot B. (Later phase)
30 A recordable quit -claim deed shall be submitted to the city for a
ten -foot -wide easement to be centered on the easement required in Con -
dition Two. (Later phase)
4. The southeast portion of Outlot A shall be revised to provide
enough area for a smooth transition of the walkway from Jefferson
Fourth Addition to Outlot A. (Satisfied)
5. A recordable quit -claim deed (s) shall be submitted to transfer
ownership to the city for Outlots A and C. (Later Outlot A- -now A and
B satisfied, Outlot C- -later phase)
6,.1 Final grading, utility, erosion control and drainage plans shall
be submitted to the city engineer for approval. These plans shall
include, but not be limited to:
a. Construction of a sanitary sewer from Outlot B to Dahl Road.
Later phase)
b. Grading for the following trails:
1) An eight -foot -wide corridor from Outlot A to Dorland
Road. The location within the easement shall be approved by
the city engineer. (Satisfied)
2) An eight - foot -wide corridor from the Phase II cul -de-
sac to Outlot B. The trail corridor shall be graveled to
the west line of Outlot B. (Later phase)
c. The area of trees to be preserved shall be identified on the
site before grading begins. (Satisfied for this phase only)
7. A drainage easement shall be shown along the west ten feet of
Lots 27 - 29. (Now Lots 1 - 3, Block One--satisfied)
8. A drainage easement shall be shown ten feet either side of the
storm sewer south of Linwood Court. If a drainage swale is to be
constructed, the easement width shall be determined by the city
engineer. (Later phase)
2
I I
90 A declaration of covenants shall be prepared by the applicant and
submitted to the director of community development for approval. This
document shall prohibit driveway access from Linwood Avenue to Lots
One - Six and Lot Seventeen in the northeast portion of the plat.
Late phase)
al of a signed developer's . Submittal agreement and required suretygPg
to include, but not be limited to:
a. Street and utility construction. (Phase One only)
b. Construction of an eight -foot -wide trail from Outlot A to
Dor land Road. The trail shall be bituminous. (In agreement)
C. Removal of the barn and garage. (Satisfied)
11. The words "Outlot "8" should be contained within the area to be
designated as Outlot Be (No longer applicable)
mb
Attachments:
1. Locat Map
2. Preliminary Plat
3. Final Plat (8 1/2 x 11)
4. Final Plat (separate enclosure)
3
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MAMIE AVE BC
R R F
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CARVER AVE
LOCAL ION MAP
Attachment 1
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0 29
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Addition j.4Ik,ti. • -ice . • I! • • ''
Approved 3 -10 -86 } : 2 ° •• .
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Atw 4IIIIIIIIIIIIII to 40
mop-
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1 UTMSON dR;rH IIp
Plans dated
11 -20 -86
BUDD KOLBY SECOND ADDITION PRELIMINARY PLAT
Approved 3 -2 -87)
5 Attachment 2
N
u
a
BUDD,KOLBY SECOND ADDITION
FINAL PLAT
6 Attachment 3
4
N
l V
c V: NrrtA twe e/ tM $$W L4% of tM NNUM eat t" Nero iw *I** NE 1/4 of fM XWI,'4 of See. ft ttfl 6.22L` ......... ._.._.
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6 TI
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ire
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S"k Nmof tM 0 MV4 of she NN 1/4 wr the Sortb 04 of the NEW of tM NNIN oft 99t:.13,t22,1122
INTLOT A 0000 i."UTLOT 8 COUTL0: T C
a
BUDD,KOLBY SECOND ADDITION
FINAL PLAT
6 Attachment 3
4
N
c
AGENDA NUMBER 1:7
a
Ae c by C uri
MEMORANDUM
Endorsed..
Modified
Rejecte
Date
TO: Mayor and Ci-ty. - :Counc i 1 _
FROM: C ty Manager GP-
RE: Fee for Maintenance of Comparable Worth Study
DATE November 3, 1987
The City of Maplewood participated in the M.A »M.A. Joint Comparable
Worth Study and in order to be part of the Maintenance, a fee of $413.50
is due.
Staff recommendation is to approve $413.50 from the General Fund Contingency
Account to cover this cost.
MAM:1nb
Metropolitan Firea Management Affoclation
of the Twin City Area
October 16, 1957
Mr Michael McGuire
City Manager
City of Maplewood
1830 East County Road B
Maplewood, Minnesota 55109
Dear Mr. McGuire:
The fee assessed to your jurisdiction for participation i the P. D. I .
maintenance of the Joint Comparable Worth Study of the Metropolitan
Area Association is as follows:
BASE FEE 250.00
109 Employees* x $1.50 per employee 163.50
TOTAL DUE . . *.*$ 413950
This fee. is due upon receipt of this statement.
YOUR CHECK SHOULD BE MADE PAYABLE TO THE CITY OF GOLDEN VALLEY AND
FORWARDED ALONG WITH A COPY OF THIS STATEMENT.TO:
Mr. William S. Joynes, City Manager
Chairman, MAMA General Labor
Relations Committee
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
I f'` -the , number of employees your jurisdiction participating in the
Joint Comparable Worth Study is incorrect please make the appropriate
adjustment and extension to the statement f owarded along with your
check.
AGENDA NUMBER E 7 : 1 ,6 ' ' W" .
MEMORANDUM
TO: Ma and Cit I
FROM: Cit Mana
RE: Suburban.Rate Authorit
DATE: November 3, 1987
Aciuion by Council.
Endo se
Modified
Re
Date,
At a previous meetin Councilmember Juker and I were directed to
attend a Suburban Rate Authorit meetinq and make a recommendation
as to Maplewood's continued membership in the Or
It is our recommendation that Maplewood continue their membership
with the S.R.A. and that $860.00 be transferred from the General
Fund Contin Account to finance the . increase in dues
total dues for 1987 i's $2,100.00..)
MAM: 1 nb
MEMORANDUM
To: Michael McGuire, City Manager
From: Robert D. Odegard, Director of Parks & Recreati
Subj: Trail in Crestview Third Addition
Date: November 2, 1987
Introduction
Action b
Modiafied
x Rejected...
Date
Councilmember Bastian at the October 26, 1987, Council meeting requested
information regarding the trail that is part of the Crestview Third Addi-
tion.
Background
The section of the trail adjacent to the Crestview Third Addition runs north
and south between Mailand Road and Londin Lane. To the south of Mai Iand
Road, the trail will continue through Vista Hills'Park and on to the future
Sterling Street. Going towards the north, the trail will continue on Londin
Lane to Lower Afton Road, and then westerly on an existing. bike route through
the trail head going into Battle Creek Park (which will have an extensive
trail system), or continue westerly to the bike trail on McKnight. The
overall intent of this trail is to provide a walking or riding trail through
the center of Maplewood starting at Carver Avenue and progressing northerly
to Battle Creek Park. The trail through Vista Hills Park and northerly
through Crestview Third Addition is adjacent to the William Brothers Pipe-
line.
The first two attachments are from the Maplewood Comprehensive Plan indi-
cating the overall bicycle routes /trails through Maplewood and an enlarge-
ment of the area where the trail is located near the Crestview Third Addi-
tion.
The attached memorandum is from the Community Development Department with
the report for a time extension for the Crestview Third Addition Preliminary
Plat dated August 31, 1987, and approved by the Council on September 28,
1987. On October 9, 1985, the Council approved and amended the November 1,
1979, conditions of preliminary plat approval to read as follows: Page 3
Item (4) "A ten -foot wide asphalt path, (eight feet if no fencing) between
Lot 12, Block 2 and Lot 1, Block 3. Fencing will not be required if the
trail is constructed prior to construction of the adjoining dwelling.(Phase I)."
This is a discussion of the walkway between two lots that will permit pedes-
trians to have access to the trail from Highpoint Curve. This is more
clearly indicated on Page 7 of the memorandum. On Page 3 under a. (5) the
discussion of the requirements for the trail and fencing are described.
This part of the trail is outlined on Page 7 and also the access to Londin
Lane is indicated on Page 8.
Recommendation
The developer has an agreement with the City which includes his installa-
tion of the trail. Working with Williams Brothers Pipeline, filling and
grading, and consultation with neighbors abutting the trail are the respon-
sibility of the developer. It is my recommendation that the City continue_
to require this trail, as it is an integral part of the entire trail system
and wh.en properly installed will be a great asset to the community. No
action is required by the Council.
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3 City Proposed Off -Road Bicycle Routes
Source: Minnesota Department of Natural Resources; Maplewood
Transportation Plan, Barton-wAschman; and Cit of Maplewood
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Action by Counci .,
MEMORANDUM
Endorsed,_Y rid - - o
kodif i e
Cit ManagerT0: Y Rej ecte9
FROM: Assoc Planner -- Johnson Date
SUBJECT: Time Ext -n
LOCATION: Between Ma.iland Road and Highpoint Curve
APPLICANT /OWNER: Ma Anderson Constructi
PROJECT: Crestview Third Addition Preliminary Plat
DATE: August 31, 1987
SUMMARY
Introduction
The applicant is requesting a one -year time extension for the
un P latted portion of the Crestview Third Addition preliminary plat.
Refer to the map on page 7) .
Discussion
The first phase (page 8) of the plat was final platted in December
19850 The applicant expects to request final plat approval for the
remainder of the development next spring. There have not been any
code amendments or changes in the area that would justify denial of
the requested time extension.
Recommendation
Approval of a one -year time extension for the remaining unplatted
portion of the Crestview Third Addition preliminary plat, subject to
the 10 -9 -85 conditions of approval.
ell
a
Past Actions
BACKGROUND
11 -1 -79:
1. Council approved a planned unit development (86 single dwellings
and ten double dwellings) for this project, with the condition that
the first building permit must be issued within one year or the
planned unit development shall terminate unless renewed by the city
council.
20 Council also conditionally approved a preliminary plat (page 7).
6 -5 -80:
Council approved a 90 -day time extension for the Crestview Third
Addition preliminary plat, subject to the original Conditions.
10- 16 -80:
Council approved a 98 -day time extension, subject to the original
conditions, and also renewed the planned unit development for one
year.
1- 22 -81, 4 -16 -81 and 8 -6 -81:
Council approved ninety -day time extensions for the preliminary plat,
subject to the original conditions.
9- 13 -82:
Council approved a one -year time extension for the planned unit
development and preliminary plat. In January 1983, the applicant
chose to let the planned unit development expire.' The development is
now limited to single dwellings.
10 -9 -85:
10 Council approved and amended the 11 -1 -79 conditions of
preliminary plat approval to read as follows:
a. A signed developer's agreement shall be submitted to the
city engineer to assure construction of the following items:
1) All internal improvements, including the two drainage
ponds. (Phase I and II)
2 ) That part of the pond on the adjacent town house
property to the west. (Phase I)
3 ) An outlet pipe from the southeast pond to the Mai land
Road storm sewer. (Phase I)
2
4) A ten -foot wide asphalt path, (eight feet if no
fencing) between Lot 12 Block 2 and Lot 1, Block 3.
Fencing will not be required if the trail is constructed
prior to construction of the adjoining dwelling. (Phase I)
5) A ten -foot wide asphalt trail (eight feet wide, if no
fence and nine feet wide, if fenced on one side) along the
west edge of the Williams Brothers' pipeline easement and on
the walkway to be dedicated west of Lot 1, Block 5,
Crestview Addition. (Phase I)
Fencing will not be required along the west side of the
trail if it is constructed before an abutting dwelling is
constructed. Fencing will also not be required along the
east side of the trail provided the, owners of the single
dwelling properties unanimously agree that fencing is not
necessary.
If fencing is installed, gates onto the trail from adjoining
properties may be permitted, provided the property owner
pays the costs of the gate. The type of fencing material
shall be approved by the city parks' director.
Written permission from Williams Brothers' pipeline shall be
submitted to the director of community development
authorizing the trail on their easement.
The applicant shall eliminate the depression in the trail
corridor, north of Mailand Road, to the maximum extent
permitted by Williams Brothers' pipeline.
b. Approval of final grading and drainage plan by the city
eng i neer. . ( Phase I and II)
c. Deed restrictions shall be approved by the city attorney and
filed with each of the double- frontage lots, restricting drive
access to the interior street. (Phase I)
d. The applicant shall deed Outlots A and B (storm water ponds)
to the city.or revise these outlots by extending the rear yards
of adjacent lots and showing drainage easements over the areas
presently shown as outlots A and B. (Phase I)
e. The developer's agreement shall contain the erosion control
procedures recommended by the soil conservation service in their
report of March 26, 1979, except for Condition 1 on page 3.
Phase I and II)
f . Council vacation of the north three feet of the Mai 1 and Road
right -of -way. (Phase I)
g. Renaming "Lakewood Drive" and "Crestview Lane" to "Marnie
Curve." All of the street addresses shall be for a north /south
street. (Phase . I I )
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7 Attachment 2
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Attachment 3
8
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MEMORANDUM
TO
FROM:
SUBJECT:
LOCATION:
APPLICANT /OWNER:
PROJECT:
DATE:
City Manager
Associate Planner -- Johnson
Final Plat
McKnight Road and Nebraska
Ed Cave and Sons, Inc.
Cave's Nebraska Second Addition
November 3, 1987
SUMMARY
Introduction
Endorsed. ----.
Modified
Re j ecte
mate
The applicant is requesting approval of Cave's Nebraska Second
Addition final plat to create seventeen single- dwelling lots and five
outlots.
Background
Council approved the final plat for the first phase of this
development in August 1987. The remainder of the site (second
addition) was conditioned upon the signing of a contract to construct
a water main in McKnight Road. This contract was signed in October.
Recommendation
Approve Cave's Nebraska Second Addition final plat.
REFERENCE
Past Actions
4- 13 -87:
Council approved. Cave's Nebraska Addition preliminary plat (page 5).
The conditions that apply to that final plat are as follows:
10 All necessary contracts must be executed by the county for the
construction of a trunk water main within McKnight Road before final
plat application will be accepted for more than 28 lots. The
remaining lots in Phase I may be f final- platted after contracts are
signed for the McKnight Road construction. (The contracts have been
signed.)
29 A signed developer's agreement, with required surety, shall be
submitted for all required public improvements. (Satisfied)
3. Submittal of final grading, drainage, erosion control and utility
plans for approval by the city engineer. (Satisfied)
8- 10 -87:
Council approved the Cave's Nebraska Addition final plat ( first phase
of the preliminary plat - - page 6 ) .
10- 26 -87:
Council approved a revision to the Cave's Nebraska Addition
preliminary plat (page 5). Two lots and an outlot were substituted
for the previously approved south cul -de -sac. The U.S. Army Corps of
Engineers would not permit a wetland to be filled f or the cul-de-sac,
The conditions of approval for the revised area of the preliminary
plat (Cave's Nebraska Second Addition) are as follows:
1. An easement.shall be shown on Outlot A that includes the wetland
area - -at or below an elevation of 998 feet.
2. Submit evidence that the sanitary sewer easement will be centered
on the existing pipe.
3. Approval of final grading and erosion control plans. A 12 -foot-
wide driveway to each lot shall be shown on these plans.
4. The driveway to the south lot shall be located at least five feet
from the south lot line and on the sanitary sewer easement. The
driveway to the north lot shall be located five feet from the north
line of the lot. This condition may be waived by the city if the Soil
Conservation Service determines that this wetland is not needed for
nutrient stripping.
2
5. Show a drainage easement over the wetland on Lots One and Two,
except for the proposed driveways., or submit evidence from the Soil
Conservation Service that this wetland is not needed for nutrient
stripping.
jW
Attachments
1. Location Map
2. Preliminary Plat (original
3. First Addition Final Plat
4. Second Addition Final Plat
50' Second Addition Final Plat
and revised)
8 1/2 x 11)
8 1/2 x 11)
separate enclosure)
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4 Attachment 1
Ll •
Planning Commission — 2
Minutes 10 -19 -87
VIII, NEW BUSINESS
A.. Preliminary Plat: Cave's Nebraska 2nd,Addition
Commissioner Rossbach moved approval of Cave's Nebraska Second Addition
preliminary plat, subject to the following conditions being met before
final approval
1. An easement shall be shown on Outlot A that.includes the wetland
area - -at or below an elevation of 998 feet.
2. Submit evidence that the sanitary sewer easement will be centered
on the existing pipe.
3. Approval of final grading and erosion control plans. A 12 —foot —wide
driveway to each lot shall be shown on these plans.
4. The driveway to the south lot shall be located at least five feet
from the south lot l i n e and on the sanitary sewer easement. The
driveway to the north lot shal i , be located five feet from the north
l i n e of the lot. This condition may be waived by the city if the Soil
Conservation Service determines that this wetland is not needed for
nutrient stripping.
5. Show a drainage easement over the wetland on Lots One and Two,
except for the proposed driveways, or submit evidence from the Soil
Conservation Service that this wetland is not needed for nutrient
stripping.
Commissioner Fischer seconded Ayes -- Axdahl, Ayers, Barrett,
Cardinal, Fischer, Larson, Rossbach,
Sigmundik
B. Code Amen ent: Swimming Po Fencing
Commissioner Fisc r moved ap oval of the amended ordinance regarding
swimming pool fence equ i rem nts.
Commissioner Sigmundik onded Ayes -- Axdahl, Ayers, Barrett,
Cardinal, Fischer, Larson, Rossbach,
Sigmundik
C. Harvest Park Exp sion
Commissioner-Ross ch moved that the fanning Commission find that the
proposed acquisi ion of the Harvest Pa Expansion is consistent with
the park el emen of the city's comprehen i ve plan.
Commissioner rrett seconded Ayes— xdahl, Ayers Barrett,
Fischer, Larson, Rossbach,
Sigmundik
Abstention -- Cardinal
die w 0•
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Outlots A, B and C to be
developed once city water
is available in McKnight Road,
Outlots D and E are
owned by the city for a
mini park and storm drainage.
Final Plat
Cave's Nebraska-Addition-
6
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ap
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EOCAVE NRASKA ADDITION
PRELIMINARY PLAT AS
REVISED 10-26-87
So
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oe
IF I
LISOUTHcRLY PORTION OF CAVES
NiY.ELAT AS APPROVED-4—'13-87
CAVE ADDITION
PRELIMINARY PLAT
5
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Attachment 2
tf
So
dfdmb so
oe
IF I
LI SOUTHcRLY PORTION OF CAVES
NiY.ELAT AS APPROVED-4—'13-87
CAVE ADDITION
PRELIMINARY PLAT
5
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Attachment 2
GENERAL ELECTION
November 3, 198.7 44 Aw'w
GWOIDATE'S NAME 1 2 3 4 5 6 1 8 9 10 11 12 13 14 TOTAL
car BAMaN s-v lK1
Fj*
le
P D
Pi
6o ioZ3 73 3%
DONALD CHRISTiANSON 5.3 g/1 7 8'3 a 77 5r3 3 3 s - -
Mamma=—
99
DENNIS J. LARSON
GEORGE F. ROSSBACH
13e>91::7 s's s l'G, j •
4LI
TOTl1l NUMBER OF VOTERS
TOTAL N0. OF REGISTERED VOTERS 1198 117 1121 1357 799 1322 154 1029 1238 919 1607 434 418 1245 15116
PERCENTAGE a l `'I 1 °3o S 6 o
t
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MEMORANDUM Endorsed
Mod lif i c
Rejecte
1 : Re.te
TO: City Managery9
FROM: Randall Johnson, Associate Planner
SUBJECT: HRA /HRC Appointment
DATE: November 3, 1987
SUMMARY
Introduction
The Housing and Redevelopment Authority (HRA) and the chairman of the
Human Resources Commission (HRC) have recommended that John Prey should
be appointed as the liaison commissioner between their respective commissions.
Background
The previous liaison commissioner, Cl emence Kwapi ck, has resigned. Mr. Prey
would i n i t i a l l y be appointed to fill out the remainder of Mr. Kwap i s k' s
term on each commission. The remainder of Mr. Kwap i c k' s five -year HRA term
expires March 1989. The HRC chairman needs to research their records to
determine when Mr. Kwapi ck's HRC term expires.
Recommendation
Appoint John Prey to the HRC and to the HRA to serve as liaison between the
two commissions. Appointment is for the remainder of Mr. Kwapick's term on
each commission.
kd
Attachments
1. Cover Letter
2. A p p l i c a t i o n
Jr
7
John V. Prey
23 70 Stillwater Avenue
Apartment 204
Maplewood, MN 55119
August 10, 1987
Mr. Geoff Olson, AICP
Director of Community Development
City of Maplewood
1830 E. County Road B
Maplewood, MN 55109
Re: PLANNING COMMISSION APPLICATION
Dear Geoff:
Enclosed for your is my application for
appointment to the City of Maplewood Planning Commission.
Although my nine (9) years of employment, experience in ,
government was more extensive in the areas of dousing and
redevelopment, I certainly had considerable interaction and
involvement with planning commissions as well.
I look forward - to your consideration of my application and
to being of service to the City of Maplewood.
Sincerely,
Phndrey '
Enclosure
t
F'.
MAPLEWOOD BOARDS & COMMISSIONS
APPLICATION FORM
NAME John V Prey
Date 8 -10 -8 7
er Avenue Apt. 204, Maplewood, MN 55119 Phone: Home 739 -2523
ADDRESS 2370 Stillwater P
Work 224 -1344
AGE 42 RoMEOWNM: YES
No x
Number of Yearn ail a Homeowner
Humber of Years as a Resident
Would regul attendance at meetings be difficult: Yea No x
a
On which board or commission are you interested in serving on? List 6, number 1 being
first choi
6 COMMUNITY DESIGN REVM BOARD 5 PARK & RECREATION C01
1 HOUSING &LOPMENT AUTHORITY 2 PLANNING COMMISSIONRED
4 HUMAN RELATION COMMISSION 3 POLICE CIVIL SERVICE COMMISSION
Zf thi 8 is a Renewal Application, total number of meetings held on your board or
commission this P a.st year? How many have you missed?
Major: Economics
or of Science - University of Wisconsin Minor: Political Science
Education Bachelor _
Present Occupation and Employer Structured Settlement Broker
Tailored Awards Inc* - . St . Paul Number of Years
11 months
1.1 mon
Nex Applicants only: job a erience and employers. list iast three).Pr eviouB experience
Business /Real Estate Consultant - Self Employed
Financial Consultant - Westcott Corporation
CommunitZ Develop ment Director - City of Wausau, Wisconsin
List Organizations or Clubs in the Community in which you have been, or are an active
lks, Optimists,ant Chamber of Commerce, Private Industry Council, Historical
Society, Beautification Commission - All in Wausau, Wisconsin
Background experience in any of the Boards or Commissions, If any.
None in the City of Maplewood - New Resident
Why would you like to serve on any of these boards or commissions?
I feel that my experience in government and the private sector coupled with my desire to
contribute to the communi I live in will be valuable assets in my service to the City
of Maplewood.
Additional Comments.
In addition to my experience as Community Development Director for the City of Wausau,
Wisconsin I also served as Urban Renewal Planner for the City of Green Bay, Wisconsin
and the First Executive Director of the Redevelopment Authority in Fond du Lac,
Wisconsin.
ems•
p, . "F'1 -
Mayor John Greavu
City Council
The Maplewood Human Relations Commission has voted to recommend
John Prey for appointment by the city council to the Commission.
A concomitant appointment to the HRA will enable John to fulfill a
liaison need between the HRA and the HRC .
At the same time the commission is advertising to fill two additional
vacancies. Our past experience indicates we will not get a sufficient
response from the notice to fill all vacancies at this time, and
therefore request at John's appointment be processed at your next
meeting .
Y
Scott stvdn
Chair,, Duman Relations Commission
SR: sa
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Introduction
Action by Councils,
City Manager Endorsc
Director of Community Development Mod if1
Code Amendment (Metal Storage Buildings) I? e J ectc ......r
November 3, 1987 Date
SUMMARY
Council tabled second reading of this ordinance at the last meeting to
revise the ordinance to allow pole buildings with attractive metal
exteriors, while restricting the typical "pole barn ".
Background
This request arose from the proposal by the Minnesota Department of
Transportation to erect a metal pole building at their highway
maintenance facility at 1779 McMenemy Street. George's Auto Body
would like to construct a metal pole building in business commercial
zone. ( See attached letter.)
The current ordinance allows metal pole buildings in farm districts
and as backyard storage sheds only. The proposed ordinance redefines
metal pole buildings as metal storage buildings. This would allow
pole buildings with attractive
I
exteriors, that are not storageg
buildings, to be built in manufacturing and commercial zones. Metal
storage buildings, commonly called "pole barns ", would only be allowed
outside of farm zones if they were not visible from residential zones
or public streets. The community design review board will continue to
review the design of all commercial buildings to assure they are
attractive.
The city council has approved of this situation in the past, On May
23, 1983, council approved a variance for Zuercher Well Drilling at
2483 Highway 61, to construct a metal pole building in an M -1
district, since:
10 The proposed building would be concealed behind the existing
buildings and not in view from the highway.
2. The proposed building would be compatible with the area and would
not impact adjacent development.
Recommendation
Adoption of the ordinance amendment on page 20
kd
Attachments
i's Proposed Ordinance
2. Letter
3. Survey
ORDINANCE N0.
AN ORDINANCE REGULATING METAL STORAGE BUILDINGS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Sections 9 -6 (a) and (b), metal pole buildings, are
amended as follows ( additions are underlined and deletions are crossed
out) :
Sec. 9 -6 Metal jx34e storage buildings.
a) It shall be unlawful to erect a metal storage building in
the city which i.s of a design commonly referred to as a 1 tom-
P0.1 -i-I a 11 "pole barn" or "agr i -build ing" , unless such
building:
1) would be located in a F, farm residence district, -ax
uln - 1- es-6--- S U E - _b- ul I. -d-i- -
2) is a metal storage building commonly used as a back
yard storage shed, or
3) is located in a BC, business commercial, M -1, light
manufacturing or M -2, heavy manufacturing district and is
substantial) screened so as to be 80% opaque as viewed from
residentially-zoned land or streets. If the screenin is
removed or dies and is not replaced, the city council may
require removal of the ub i ld ing . If the value of the
buildin2 exceeds $25,000, the city council shall allow at
least a five -year amortization period.
b) Special architectural design and nonmetal decorative
modifications may be required by the city.
b) e4+i -c
t- a-- 1-- a-e -- dal-- }-- e- T ----- a- 1- aec- 3- . - -a- -
nu- f- a- e- - - -- -- 4 - - - h- - f,a- c- t- - g- --- ie -i- -1
a- r- h- i- t- eat- a--- g-- a- d-- e- m- t- a- 1--- o- a- t- e- ac--- c --t-s- ---tae
r- caqu4- r- -e d -- t- o---a& c u @ c4- m aa- t44a - i- -14- t w4- t- 4 - u t;4- t -y-- -s e xvxal - 1 G Pme4: 1 -tW
Should any dispute arise over the classification of a proposed metal
building, the director of community development shall determine
whether the proposed metal building fits into the - lta-- -eI-e-
btti --1 -moo' "pole barn" category. Appeals of the director's decision
shall be made to the city council for a determination of building
type, .
2 Attachment 1
Section 2. This ordinance shall take effect upon its passage and
publication.
Passed by the Maplewood
City Council this day
of , 1987
Attest:
City Clerk
Mayor.
Ayes --
Nays -
3
I
t 1%
October lb, 1987
City of Maplewood
Geoff Olson, AICP
Director of Community Development
1830 East County Road B.
Maplewood, Minnesota 55109
Dear Mr. Olson:
I own and operate an auto body repair business in the Mpalewood area
and would like to construct a metal structual building behind my
present location. The metal building would be used to store auto parts
and vehicles which are currently being stored outside and are targets
of theft and /or vandalism. The metal building would be located behind
my present shop in a commercial area and would not be visible from
the street or the neighboring . residential area.
I understand that before this type of construction can be approved,
the Business /Commercial code sections must be amended. I would like
to work with you and the City of Maplewood to obtain the necessary
approvals.
If you have any questions please feel free to contact me. I would
very much like to start construction in 1987 and would appreciate
any recommendations you may have.
Sincere -' .
lee u
George M. Hirsch
c/o Georges Body Shop
1225 Frost Avenue
Maplewood, Minnesota 55109
4 Attachment 2
SURVEY
Do you have any special restrictions on metal buildings?
Coon Rapids No ordinance, but reviewed by the planning commission
Roseville it it it it it
Burnsville
Plymouth
Brooklyn Center"
Fridley No ordinance
Blaine Yes, restricted to farm zones
Crystal No ordinance
New Brighton
Golden Valley Yes, metal buildings not allowed
Apple Valley No ordinance, but reviewed by the planning commission
So. St. Paul No ordinance, allowed in industrial districts by the
planning commission
Columbia Hg ts.No ordinance
Cottage Grove Yes, restricted to farm zones
Shoreview No ordinance, but reviewed by the planning commission
Oakdale No ordinance
Woodbury
Little Canada Restricted to light industrial
Vadna i s Hgts .it of
St. Paul No ordinance
Attachment 3
Community Design Review Board - 2 -
Minutes 9 - -
VI. DESIGN REVIEW
A. Plan Review and Code Amendment - MOOT Equipment Storage Building -
1779 McMenemy Street
Bruce Hanson, superintendent for MnDOT, was present at the meeting.
Board Member Marlow moved approval of a code amendment to P ermit
metal pole buildings in manufacturing districts when they would be
buffered from residential properties.
Board Member Kochsiek seconded Ayes - -all
Board Member Marlow moved approval of plans date - stamped Augus J4
19N for a 56- by 160 -foot metal storage b u i l d i n g for MnDOT
1779 \
2 .A
Street. Approval is subject to:
f
oval of a conditional use permit by the cit council.
dment of the metal building ordinance by the city
to allow this structure.
3. If con tructi on has not begun within tw, years of approval,
board revie shall be repeated. !/
4. Grading, d inage and utility plans shall be subject to
the city enginee 's approval.
Board Member Kochsiek s /`Ayes- -all
B. Plan Review - Superame ica
Ztingglish Street and Highway 36
George Kuprian, attorney rep/ Superameri ca and Roman Mueller,
engineer representing Superame ica, were present at the meeting.
Mr. Mueller said the north driv could be closed but the south drive
would need to be moved sl i , fitly. Mr. Kuprian requested a cost break-
down and requirements of tem 11 o the staff recommendation.
Secretary Ekstrand referred him to e city engineer. Mr. Gary Gerke,
1252 Cope Avenue, spoke / in opposition to the ro osal.P P
Board Member Ericks moved approval of he site plan for Superamerica
at the southeast c rner of English Street nd Highway 36, subject to
the following con i ti ons:
1. The site pan shall be resubmitted for fin approval by the
board incorpopating the following revisions.
a. MO the gas pumps to the north and place 11 e building
betwe n the pumps and the south lot line.
b. Eliminate the northerly curb cut and redesign t south
r i us of the southerly curb cut so that it does not tend inn
ont of the adjacent property.
41
Plann.ing Commission - 7 -
Minutes 10 -5 -87
5) Constru ion of a 100- ot- diameter temporary cul -de -sac,
if the applican chooses phase the site improvements.
r
3. Approval of the resol uti to rezone this site and 810 McKnight
Road from F. farm residence, to -1, single dwelling, to eliminate
the potential of any fare- elate cti v i ti es such as the raising of
livestock causing a nuis ce in this esidential area.
Commissioner Sl etten conded A s- -Axdah 1, Barrett, F i of a,
Goi Larson, Rossbach, Sigmundi k,
S 1 ette
Nayes -- Ayer \. Card inal, Fischer
D. Code Amendment: Metal Pole Buildings
Commissioner Goi ns moved adoption of the ordinance amendment allowingmetalpolebuildingsinmanufacturingdistrictswhenfoundtobe
substantially screened so as to be 80% opaque as viewed from residentially-zoned land or streets.
Commissioner Rossbach seconded Ayes -- Axdahl, Ayers, Barrett,
Fi of a, Fischer, Goi ns, Larson,
Rossbach, Si gmund i k, Sl etten
Abstention -- Cardinal
E. Conditional Permit: 1773 McMenem (MnDOT)
Commissioner Larson oved adoption of t e resolution approving a
conditional use permi to construct an equipment storage building
at 1779 McMenemy Stree Approval is based on the findings required
by code and subject to:
1. Adherence to the sit plan da ed August 14, 1987, unless a
change is approved by the ommu ty Design Review Board.
2. The type of building mu s conform to Section 9 -6 of city code
pertaining to metal buildin
Commissioner Barrett seco ed Ayes -- Axdahl, Ayers, Barrett,
Cardinal, Fiola, Fischer, Goins,
Larson, Rossbach, Si gmund i k,
Sletten
F. Code Amendment: /Planning Fees
Commissioner Fi sc r moved approval of \
Aye-Axdahl,
dinance increasing
planning fees by .5'.
Commissioner S etten seconded Ayers, Barrett,
al, Fi of a, Fi scher, Goi ns,
arson Rossbach, Sigmundi k,
Sl etten'
action by Council :;
BANNIGAN & KELLY, P.A.
ATTORNEYS AT LAW Endorsed
409 MIDWEST FEDERAL BUILDING Modifie
5TH AND CEDAR Re j ecte
SAINT PAUL,, MINNESOTA 55101 Date
612) 224 -37$1
JOHN F. BANNI.GAN, JR.
p
JANET WILEBSKI
PATRICK J. KELLY November 4, 1 LE ASSISTANT
Mr. Michael McGuire
City Manager
Maplewood City Hall
1830 East County Road B
Maplewood, M N 55109
Re: Dispute Resolution Center
Dear Mr. McGuire:
Please refer to item agenda I -5. The Dispute Resolution Center was requesting
a "voluntary contribution of $250.00 from each city within Ramsey County."
At the City Council meeting I advised the Council . that any expenditure of public
funds must be for public purposes if . the results will be beneficial to the inhabitants
of the community as a whole and if it is directly connected with the government of
the City.
According to Attorney General Opinion No. 99, 1934, that "any expenditures
for a donation to any person, corporation or private institution not under the direct
control of the City is illegal."
The representative from the Dispute Resolution Center, Robert Friedlander,
indicated that the City should enter a contract with the Dispute Resolution Center.
The matter was tabled for future research.
Subsequently I have received a letter dated October 30, 1987 from Mr. Friedlander
suggesting two alternatives, sepcifically:
1) A contract for services . between the City of Maplewood and Dispute
Resolution .Center;
2) The City of Maplewood making a grant for $250.00 to the center pursuant
to Minnesota Statute 494.040).
It appears that this particular center must meet the guidelines as stated in M.S.A.
494.01 and the program should be administered by the State Court Administrator's
office.
Mr. Michael McGuire Page Two Novmeber 4, 1987
In summary, if the center meets the parameters . of 494.01, then a grant may
be possible or a contract established. ' However, I would caution entering .a contract
with these individuals based- on . exposure - to liabilities, acting as an agent with the
municipality.
Sincerely,
BANNIGAN & KELLY, P.A.
Patrick J. e y
P
MEMORANDUM b
Endorsed
TO: Cit manger Modified.
FROM: Director of Communit Development ]Rejected
SUBJECT: Code Amendment -- Swimming Pool Fences Date.
DATE: October-13,, 1987
The 4ttached letter from Martha Wells states that the cit minimum
fencd hei of four feet for swimming
I
pools is inade and chain
link fencin should not be allowed. ' The cit does . allow , chain-link,
fencin Staff surve 27 other cities. The surve shows that four
feet is the most common minimum fence hei Also, '23 out of the 27
cities allow chain-link fences. The director of public safet has no
record of an accident caused b a child climbin a swimmin pool
fence, Therefore, no chan in.our current polic is recommended,
The ordinance, however, should be updated to reflect our current
polic
Recommendation
Approve the attached ordinance.
Attachments:
1. Letter
2. Surve
3. Ordinance
A opt • • " . ..- ---" _.r•' .1 "•- ;
Martha A. Wells
436 1"lic, hpoint C ul
Maplewood, Minnesota 551
f two
0 af (-Vo C rycll ya
l
l
4- 6U,.Y.0
art u,
Ll
4 r •
CIL 4(21 ke )10 ol Y. Ct. 1V Yk
40,li 0 Y , (wi
A 412 " t " ) , t. t! C . 11 (. X rr arc k .C
t t c , i ( t. 'E -Y ' Y' „'Y.- c.2L "c . 2.:1- . ACC, - -
Attachment 1
C
Maplewood
Must meet minimum
height requirement) No fence for above —
ground pool if it meets
Height Chain Link OK minimum height requirement
4 feet x x
Fence around lot
OK if it meets
requirements for
D001 fence
x
Coon Rapids 4 feet x x
Roseville 5 feet x x
Burnsville 4 feet x x
Plymouth 5 feet x fence needed
Brooklyn Center 4 feet x x
Fridley 6 feet x x
Blaine 4 feet x x
Crystal 4 feet x x
New Brighton 5 feet x x
New Hope 4 feet x fence needed
Golden Val 1 ey 5 feet x fence needed
White Bear Lake 4 feet above ground
6 feet in ground x x
Apple Valley 6 feet
4 feet above ground X
South St. Paul 5 feet No chain l i n k no fence needed
Eagan No fence required
x
x
x
x
x
x
x
x
x
x
x
x
x
Attachment 2
Must meet minimum
height requirement) No fence for above—
ground pool if it meets
C Height Chain Link OK minimum height requirement
Fence around lot
OK if it meets
requirements for
pool . fence
Maple Grove 5 feet No chain link x x
3 feet or greater
Columbia Heights 5 feet x depth fence required x
Cottage Grove 4 feet x x x
West St. Paul 6 feet x x x
Shoreview 4 feet x x x
North St. Paul 4 feet x x x
Oakdale 4 feet x x x
Woodbury 4 feet x x x
Newport 4 feet x x x
Little Canada 4 feet x x x
above ground OK if 3 feet deep
Vadnais Heights 4 feet x or less -- deeper needs a fence x
St. Paul 4 feet x x
Median height 4 feet 23 of 27 cities allow
chain l i n k fence
19 of 27 cities do not
require fence
25 of 27 cities
accept a
perimeter fence
ORDINANCE N0.
AN ORDINANCE AMENDING THE SWIMMING POOL FENCE REQUIREMENTS
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: (Additions
underlined and deletions crossed out) :
4
Section 1. Section '31 5 (8) i s hereby amended as follows:
311M four 141 f
t
e- aft 1
8) All pools shall be surrounded with a nonclimbable or chain -
link fence of at least four feet in hei ht. This fence must be
set back at least four feet from the water surface, The walls of
an above- ground ool ma substitute for a fence. A fence
surrounding a yard may also be used to meet' this reciu i rement .
Section 2. This ordinance shall take effect upon its passage and
publication.
Passed by the Maplewood City Council
on , 1987.
Mayor
Attest:
City Clerk
Ayes --
Nays --
5 Attachment 3
Planning Commission — 2 —
Mi nutes 10 -19 -87
VIII. NEW BUSINESS
A. Preliminary lat: Cave'-s Nebraska 2 d Addition s
Commissioner Rossbach moved approval o Cave's Nebraska Second Addition
preliminary plat, bject to the fol 1 wing conditions being met before
final approval:
1. An easement shall a shown on utlot A that includes the wetland
area - -at or below an el vation of 998 feet.
2. Submit evidence that he sa itary sewer easement will be centered
on the existing pipe.
3. Approval of final gradi and erosion control plans. A 12— foot —wide
driveway to each lot shall shown on these plans.
4. The driveway to the so th t shall be located at least five feet
from the south lot line a d on t e sanitary sewer easement. The
driveway to the north to shall b located five feet from the north
line of the lot. This ondi tion m be waived by the city if the Soil
Conservation Service d ermines tha this wetland is not needed for
nutrient stripping.
5. Show a drainage asement over the etland on Lots One and Two,
except for the prop ed driveways, or s mi t evidence from the Soil
Conservation Servic that this wetland i not needed for nutrient
stripping.
Commissioner Fi sc, =tier seconded Ayes -- xdahl, Ayers, Barrett,
5' Cardi na Fischer, Larson, Rossbach,
Sigmundik
B. Code Amendment: Swimming Pool Fencing
Commissioner Fischer moved approval of the amended ordinance regarding
swimming pool fence requirements.
Commissioner Sigmundik seconded Ayes -- Axdahl, Ayers, Barrett,
Cardinal, Fischer, Larson, Rossbach,
Sigmundik
C. Harvest Park Sxpansion
Commissioner Rossbach ove that the Planning Commission find that the
proposed acquisition o e Harvest Park Expansion is consistent with
the park element of the •ty's comprehensive plan.
Commissioner Barrett econd_e Ayes -- Axdahl, Ayers, Barrett,
Fischer, Larson, Rossbach,
Sigmundik
Abstention -- Cardinal
T— 4nz
LAW OFFICES
B 1RI GGS AND MO RGAN
PROFESSIONAL ASS0DIATION
2200 FIRST NATIONAL BANS BUILDING
SAINT PAUL, MINNESOTA 155101
TE1.EPSONE (612) 291 -1215
t TELECOPIER (612) 222 -4A71
i
s
INCLUDING THE FORMER FIRM OF
r
LEVITT, PALMER, BOW N, ROTMAN & SHARE
October 21, 1987
Mr. Geoff Olson
City of Maplewood
1.830 East County Road B
Maplewood, Minnesota 55109
AJ
Endorsed
Modifie
ReJ ecte -...,
s # Date
J't
Re: The Housing and Redevelopment Authority
of the City of Saint Paul Hospital Revenue
Bonds, Series 1987 (HealthEast Pro
Dear Geoff:
As you may recall, on August 10, 1987, the Maplewood
City Council approved a proposal from HealthEast that the St.
Paul Housing and .Redevelopment Authority issue bonds (the "1987
a portion of which would be used to escrow dischargeBonds"), p
s Hospital Revenue Bonds (Health ResourcestheCityofMaplewood
Hospital Corporation), Series 1983 (the "1983 Bonds ") and its
P p
Tender option Hospital Revenue Bonds (Hea lth Resources Hospital
Corporation), Series 1985 (the "1985 Bonds " ).
When the 1985 Bonds were issued, the proceeds were
deposited in an escrow, to be used to repay the 1985 Bonds
under certain conditions, or otherwise to discharge a portion
of the 1983 Bonds. To effectuate the discharge of both the
1983 Bonds and the 1985 Bonds, the existing funds in the escrow
will be used to discharge the portion of the 1983 Bonds for
which the escrow was earmarked, and to use 1987 Bond proceeds
to discharge the remaining portion of the 1983 Bonds and all
of the 1985 Bonds.
Enclosed please find the following documents which
are necessary to accomplish the escrow discharge as contemplated:
1. First Supplemental Bond Trust Indenture,
with respect to the 1983 Bonds;
2200 FIRST NATIONAL BANK BUILDING 2400 1 D S CENTER
SAINT PAUL, MINNESOTA 66101 MINNEAPOLIS, MINNESOTA 55402
612) 201 -1215 (612) 330 -0661
BRIGGS &wiD MORGAN
Mr. Geoff Olson
Page Two
October 21, 1987
tFF
t
L
JJL
2. FiLrst. Supplemental Boni. Trust Indenture,
with respect to the 1985 Bonds;
3. Amended and Restated Escrow Trust Fund Agreement;
and
4. Proposed form of Resolution of the City
Council of the City of Maplewood, approving the documents
and authorizing their execution.
We would like to have this matter placed on the agenda
of the City Council's November 9, 1987 meeting. Please do
not hesitate to call me if you.have any questions or would
like me to attend the November 9 meeting of the City Council.
Very truly yours,.
r
i
Mary L. Ippel
MLI:ckh
Enclosures
TLS: 10/02/87
567N
F
FIRST SUPPLEMENTAL
BOND TRUST INDENTURE
i
by and between
THE CITY OF MAPLEWOOD, MINNESOTA
and
FIRST TRUST COMPANY, INC.,
formerly FIRST TRUST COMPANY OF SAINT PAUL)
as Trustee
Dated as of 1987
Relating to the Issuance by the
City of Maplewood of its $37,485,000
Hospital Revenue Bonds, Series 1983
Health Resources Hospital Corporation)
This Instrument Draf ted By:
BRIGGS AND MORGAN, P.A.
W -2200 First National Bank Building
St. Paul, MN 55101
FIRST SUPPLEMENTAL
BOND TRUST INDENTURE
i
THIS FIRST SUPPLEMENTAL BOND TRUST INDENTURE, dated as
of 1987 (the "First Supplemental Bond
tIndenture ") by and between THE CITY OF.MAPLEWOOD, MINNESOTA, a
body corporate .and politic and political subdivision of the
iState of Minnesota ( the "City"?) and FIRST TRUST COMPANY INC.,
formerly FIRST TRUST COMPANY OF SAINT PAUL)., a Minnesota
corporation, as Trustee (together with any successor under
Article IX of the Bond Indenture described below, hereinafter
referred to as the "Trustee") amends and supplements that
certain Bond Trust Indenture dated as of December 1, 1983 be-
tween the City and the Trustee (the "Original Bond Indenture ")
the Original Bond Indenture and First Supplemental Bond
Indenture being hereinafter collectively referred to as the
Bond Indenture")
WITNESSETH:
WHEREAS, pursuant to the Original Bond Indenture, the
City issued $37,485,000 aggregate principal amount of its
Hospital Revenue Bonds (Health Resources Hospital
Corporation), Series 1983 (the "1983 Bonds ") for the benefit
of Health Resources Hospital Corporation (the "Corporation ");
and
WHEREAS, pursuant to an Indenture of Trust dated December
1, 1985 (the "1985 Indenture "), between the City and the
Trustee, the City issued $24,995,000 aggregate principal
amount of its Tender Option Hospital Refunding Bonds, Series
1985 (Health Resources Hospital Corporation Project) (the
1985 Bonds") for the benefit of the Corporation; and
WHEREAS, section 7- 1(1)(B)(ii) of the Original Bond
Indenture provides for escrow discharge of the 1983 Bonds upon
deposit, by the City or the Corporation as trust funds with
the Trustee, of cash and /or securities of a type permitted by
Minnesota Statutes, Section 475.67, Subdivision 8, which do
not permit the redemption thereof at the option of the issuer,
r
i
t.the principal of, premium, if any, and interest on which when
due (or upon the redemption thereof at the option of the
holder), will, without reinvestment, provide cash which
together with the cash, if any, deposited with the Trustee at
the same time, shall be sufficient to pay and discharge the
entire indebtedness of the 1983 Bonds not theretofore
cancelled by the Trustee or delivered to the Trustee for
cancellation by the payment of interest and principal (and
premium, if any) of the 1983 Bonds which have become due and
payable or which shall become due at their stated maturity or
redemption date, as the case may be, and which are to be
discharged-pursuant to the terms of the Original Bond
Indenture; and
4
WHEREAS, provision was made for the payment under certain
conditions of $24,995,000 aggregate principal amount of the
1983 Bonds pursuant to the terms of an ESCROW TRUST FUND
AGREEMENT (the "Original Escrow Trust Agreement "), originally
dated as of December 1, 1985, and made by and among the City,
the Hospital, and the Trustee; and
2
WHEREAS, pursuant to an Indenture of Trust between The
Housing and Redevelopment Authority of the City of Saint Paul,
Minnesota (the "HRA ") as issuer, and Marquette Bank
i
t f
Minneapolis, H.A., as trustee, the HRA proposes to issue up to
x
t$160,000,000 aggregate principal amount of its Hospital
Revenue Bonds, Series 1987 (HealthEast Project) (the 111987
Bonds ") , a portion of which will be used. to provide moneys
sufficient (when aggregated with funds already held in the
escrow (the "Original Escrow Trust Fund ") created under the
Original Escrow Trust Agreement) to discharge all of the 1983
Bonds and all of the 1985 Bonds; and
WHEREAS, section 7- 1(1)(B)(ii) of the Original Bond
Indenture did not contemplate or provide that securities might
be held in a common escrow fund for the benefit of the 1983
Bonds and another series of bonds; and
WHEREAS, the City and the Corporation desire that the
Trustee act as escrow agent with respect to both the 1983
Bonds and the 1985 Bonds, in addition to its capacities as
trustee of the 1983 Bonds and 1985 Bonds, and that in such
capacities, the Trustee hold various securities in a common
escrow trust fund for the benefit of the holders of the 1983
Bonds and 1985 Bonds; and
WHEREAS, the City and the Corporation desire to amend the
Original Bond Indenture and the 1985 Indenture to provide that
3
the Trustee may hold such securities, on the terms and
conditions hereinafter specified; and
WHEREAS, J.t is intended that the Original Bond Indenture
t be amended , to perm.lt the add i. t ion. to the Or i g i na 1 -Escrow
Trust Fund of certain of the proceeds from the sale of the
1987 Bonds, which proceeds shall be set aside .irrevocably in
trust for the sole benefit of the holders and owners of the
1983 Bonds and the 1985 Bonds for the further purposes set
forth herein, and such proceeds shall not be used for any
other purpose or in any other manner for the benefit, directly
or indirectly, of the City or the Corporation, nor shall such
proceeds be considered to be the property of either, in any
manner;
NOW, THEREFORE, THIS FIRST SUPPLEMENTAL BOND INDENTURE
FURTHER WITNESSETH that the City and the Trustee hereby agree
and covenant for the equal and ratable benefit of the
respective holders, from time to time, of the 1983 Bonds, or
any part thereof, as follows:
4
ARTICLE I
Section 18.00. Effect of this First Supplemental Bond
Indenture Except as expressly provided to the contrary
herein, all of the terms, provisions and covenants contained
kin the Original Bond Indenture shall remain in full force and
effect.
t
t
Section 1B.01. Definitions All capitalized terms used
but not otherwise defined in this First Supplemental Bond
Indenture shall have the meanings assigned to such terms in
the Original Bond Indenture, unless the context clearly
requires otherwise.
5
ARTICLE II
Discharge of Bonds; Rule of Construction
Article VII of the Original Bond Indenture is hereby
amended by adding a section which shall read as follows:
1 3t
Section 7 -6. Rule of Construction For ur oses ofpp
teffectuating discharge of the. Bonds under this Article Seven,
securities intended to satisfy the conditions for discharge
shall be deemed held in trust by the Trustee for such purpose
so long as (i) the Trustee (acting as the Trustee or an escrow
agent), or any other escrow agent who satisfies the criteria
for, qualifying as a successor Trustee, is holding the
securities in trust for the benefit of the Holders of the
Bonds to be discharged even though such securities are also
being held for the benefit of holders of other debt ( the
Other Debt "); (ii) the payments to be made from the
securities and set aside under the operative provisions of the
applicable escrow agreement solely for the benefit of the
Bondholders (together with payments to be made from any other
cash and securities permitted under this Article Seven to
effect discharge of the Bonds and held by the Trustee in trust
for the benefit of the holders of the Bonds to be discharged)
satisfy the requirements of Section 7 -1; (iii) the
arrangements made under the applicable escrow agreement for
the benefit of the holder (or holders) of the Other Debt
satisfy the conditions that must be met to effect discharge of
the Other Debt, and (iv) the person holding the securities in
trust agrees that in addition to all other rights granted to
them, the Bondholders shall have all rights with respect to
their beneficial interest in the escrowed securities as would
be accorded them if that beneficial interest were held in
trust exclusively by the Trustee under this Indenture for the
purposes set forth in the operative provisions of the
applicable escrow agreement."
ARTICLE III
MISCELLANEOUS
Section A. Effectiveness This First Supplemental Bond.
Indenture is authorized by Section 8 -1(b) of the original Bond
Indenture.
Section B. Determination of No Material Adverse Effect
By executing this First Supplemental Bond Indenture, the
Trustee hereby evidences its determination that the amendments
made herein do not materially or adversely affect the
interests of the Holders of the.1983 Bonds, and that the
amendments contained herein are permitted under Section 8-1(b)
of the Original Bond Indenture.
Section C. Counter p arts This instrument may be
executed in any number of counterparts all of which shall
constitute one and the same document.
Section D. Severability If any provision of this First
Supplemental Bond Indenture shall be held or deemed to be or
shall, in fact, be inoperative or unenforceable as applied in
any particular case in any jurisdiction or jurisdictions.or in
all jurisdictions, or in all cases because it conflicts with
any other provision or provisions or any constitution or
statue or rule. of public policy, or for any other reason, such
circumstances shall not have the effect or rendering the
provisions herein contained invalid, inoperative or
unenforceable to any extent whatever.
The invalidity of any one or more phrases, sentences,
clauses or Sections in this First Supplemental Bond Indenture
contained, shall not affect the remaining portions of,this
First Supplemental Bond Indenture, or any part thereof.
7
IN WITNESS WHEREOF, THE CITY OF MAPLEWOOD, MINNESOTA, and
FIRST.TRUST COMPANY, INC., (formerly First Trust Company of
Saint Paul) as Trustee, have caused this First Supplemental
Bond Trust .Indenture to be.executed in their respective
corporate names, and attested by their duly authorized
officers, and have caused their corporate seals to be hereunto
affixed, all as of the day and year first written above.
f
THE CITY OF MAPLEWOOD,
MINNESOTA
SEAL)
By
Mayor
By
City Clerk
0
FIRST TRUST COMPANY, INC.
formerly First Trust
Company of Saint Paul,
as Trustee
f
i
r
By
Its Vice President
Attest:
Assistant Secretary
SEAL)
Signature page to First Supplemental Bond Trust Indenture for
1983 Bonds.
9
TLS: 10/02/87
567N
FIRST SUPPLEMENTAL
s
BOND TRUST INDENTURE
E
by and between
THE CITY OF MAPLEWOOD, MINNESOTA
and
FIRST TRUST COMPANY, INC.,
formerly FIRST.TRUST COMPANY OF SAINT PAUL)
as Trustee
Dated as of 1987
Relating to the Issuance by the
City of Maplewood of its $24,995,000
Tender Option Hospital Refunding Bonds, Series 1985
Health Resources Hospital Corporation)
This Instrument Drafted By:
BRIGGS AND MORGAN, P.A.
W -2200 First National Bank Building
St. Paul, MN 55101
FIRST SUPPLEMENTAL
BOND TRUST INDENTURE
THIS FIRST SUPPLEMENTAL BOND TRUST INDENTURE, dated as
of , 1987 (the "Fi.rst Supplemental Bond
Indenture ") by and between THE CITY OF MAPLEWOOD, MINNESOTA, a
body corporate and politic and political subdivision of the
iState of Minnesota (the "City') and FIRST TRUST COMPANY, INC.,
a Minnesota corporation, as Trustee (together with any
successor under Article X of the Bond Indenture described
below, hereinafter referred to as the "Trustee") amends and
supplements that certain Bond Trust Indenture dated as of
December 1, 198.5 between the City and the Trustee (the
Original Bond Indenture ") (the Original Bond Indenture and
First Supplemental Bond Indenture being hereinafter
collectively referred to as the "Bond Indenture ")
WITNESSETH:
WHEREAS, pursuant to an Indenture of Trust dated
December 1, 1983 (the "198.3 Indenture ") between the City and
the Trustee, the City issued $37,485,000 aggregate principal
amount of its Hospital Revenue Bonds (Health Resources
Hospital Corporation), Series 1983 (the "1983 Bonds ") for the
benefit of Health Resources Hospital Corporation (the
Corporation "); and
WHEREAS, pursuant to the Original Bond Indenture the City
issued $24,995,000 aggregate principal amount of its Tender
Option Hospital Refunding Bonds, Series 1985 (Health Resources
Hospital Corporation Project) (the "1985 Bonds ") for the
benefit of the Corporation; and
WHEREAS, section 8.02 of the Original Bond Indenture
provides for escrow discharge of the 1985 Bonds if the-1985
Trustee shall hold, in trust for and irrevocably committed
thereto, government obligations, municipal obligations or
defeased tax - exempt securities certified by an independent
public accounting firm of national reputation to be Hof such
maturities and interest payment dates and to bear such
interest as will, without further investment or reinvestment
of either the principal amount - thereof or the interest
earnings therefrom (likewise to be held in trust and
committed, except as otherwise permitted by the 1985
Indenture) be sufficient together with other moneys then held
in trust, for the payment, at their maturities or redemption
dates, of all principal, premium, if any, and interest on the
1988 Bonds to the date of maturity or redemption as the case
may be and which are to be discharged pursuant to the terms of
the 1985 Indenture; and
WHEREAS, provision was made for the payment under certain
conditions of $24,995,000 aggregate principal amount of the
1983 Bonds pursuant to the terms of an ESCROW TRUST FUND
AGREEMENT (the "Original Escrow Trust Agreement "), originally
dated as of December 1, 1985, and made by and among the City,
the Hospital, and the Trustee; and
WHEREAS, pursuant to an Indenture of Trust between The
Housing and Redevelopment Authority of the City of Saint Paul,
Minnesota (the "HRA ") as issuer, - and Marquette Bank
2
Minneapolis, N.A., as trustee, the HRA proposes to issue up to
160,000,000 aggregate principal amount of its Hospital
Revenue Bonds, Series 1987 (HealthEast Project) ( the ?'1987
a ortion of which wl.11 be used to rovide mone y sBonds"),, P P Y
sufficient (when aggregated with funds already held in the
escrow (the "Original Escrow Trust Fund ") created under the
Original Escrow Trust Agreement) to discharge all of the 1983
Bonds and all of the 1985 Bonds; and
WHEREAS, section 8.02 of the Original Bond Indenture did
not contemplate or provide that securities might be held in a
common escrow fund for the benefit of the 1985 Bonds and
another series of bonds; and
WHEREAS, the City and the Corporation desire that the
Trustee act as escrow agent with respect to both the 1983
Bonds and the 1985 Bonds, in addition to its capacities as
trustee of the 1983 Bonds and 1985 Bonds, and that in such
capacities, the Trustee hold various securities in a common
escrow trust fund for the benefit of the holders of the 19 83
Bonds and 1985 Bonds; and
WHEREAS, the City and the Corporation desire to amend the
Original Bond Indenture and the 1983 Indenture to provide that
the Trustee may hold such securities, on the terms and
conditions hereinafter specified; and
3
WHEREAS, it is .intended that the Original Bond Indenture
be amended, to permit the addition to the Original Escrow
Trust Fund of certain of the proceeds from the sale of the
j
1987 Bonds which proceeds shall be set aside irrevo abl in
k
P Y
i
trust for the sole benefit of the holders and owners of the
1983 Bonds and the 1985 Bonds for the further purposes set
forth herein, and such proceeds shall not be used for any
other purpose or in any other manner for the benefit, directly
or indirectly, of the City or the Corporation, nor shall such
proceeds be considered to be the property of either, in any
manner;
NOW, THEREFORE, THIS FIRST SUPPLEMENTAL BOND INDENTURE
FURTHER WITNESSETH that the City and the Trustee hereby agree
and covenant for the equal and ratable benef i t of the
respective holders, from time to time, of the 1985 Bonds, or
any part thereof, as follows:
4
ARTICLE I
Section 1B.00. Effect of this First Supplemental Bond
Indenture, Except as expressl provided to the conttar
all of the terms, provisions and covenants contained
in the Ori Bond Indenture shall remain in.full f and
teffect.
Section 1B.01. Definitions. All capitalized terms used
but not otherwise defined in this First Supplemental Bond
10Indentureshallhavethemeaninassigned to such terms in
the Ori Bond Indenture, unless the context clearl
requires otherwise.
5
ARTICLE II
Discharge of Bonds; Rule of Construction
Article VIII of the Original Bond Indenture, is be.reby
amended by adding a section which shall read as f of logws
f
Section 8.05. Rule of Construction For purposes of
Effectuating discharge of the Bonds under this Article Eight,
securities intended to satisfy the conditions for discharge
shall be deemed held in trust by the Trustee for such purpose
so long as (i) the Trustee (acting as the Trustee or an escrow
agent), or any other escrow agent who satisfies the criteria
for qualifying as a successor Trustee, is holding the
securities in trust for the benefit of the Holders of the
Bonds to be discharged even though such securities are also
being held for the benefit of holders of other debt ( the
Other Debt "); (ii) the payments to be made from the
securities and set aside under the operative provisions of the
applicable escrow agreement solely for the benefit of the
Bondholders (together with payments to be made from any other
cash and securities permitted under this Article Eight to
effect discharge of the Bonds and held by the Trustee-in trust
for the benefit of the holders of the Bonds to be discharged)
satisfy the requirements of Section 8.05; (iii) the
arrangements made under the applicable escrow agreement for
the benefit of the holder (or holders) of the Other Debt
satisfy the conditions that must be met to effect discharge of
the Other Debt, and (iv) the person holding the securities in
trust agrees that in addition to all other rights granted to
them, the Bondholders shall have all rights with respect to
their beneficial interest in the escrowed securities as would
be accorded them if that beneficial interest were held in
trust exclusively by the Trustee under this Indenture for the
purposes set forth in the operative provisions of the
applicable escrow agreement."
Ce
ARTICLE III
MISCELLANEOUS
Section A. Effectiveness This First Supplemental Bond
Indenture is authorized by Section 11.01(i) of the Original
Bond Indenture.
x
f Section B. Determination of No Prejudicial Effect By
executing this First Supplemental Bond Indenture, the Trustee
hereby evidences its determination that the amendments made .
herein are not to the prejudice of the Trustee or the
Bondholders and that the amendments contained herein a.re
permitted under Section 11.01(i) of the Original Bond
Indenture.
Section C. Counterparts This instrument may be
executed in any number of counterparts all of which shall
constitute one and the same document.
Section D. Severability If any provision of this First
Supplemental Bond Indenture shall be held or deemed to be or
shall, in fact, be inoperative or unenforceable as applied in
any particular case in any jurisdiction or jurisdictions or in
all jurisdictions, or in all cases because it conflicts with
any other provision or provisions or any constitution or
statue or rule of public policy, or for any other reason, such
circumstances shall not have the effect or rendering the
provisions herein contained invalid, inoperative or
unenforceable to any extent whatever.
The invalidity of any one or more phrases, sentences,
clauses or Sections in this First Supplemental Bond Indenture
contained, shall not affect the remaining portions of,this
First Supplemental Bond Indenture, or any part thereof.
7
x
t
SEAL)
FIRST TRUST COMPANY, INC.,
as Trustee
By
Its Vice President
Attest:
Assistant Secretary
Signature page to First Supplemental Bond Trust Indenture for
1985 Bonds.
IN WITNESS WHEREOF, THE CITY OF MAPLEWOOD, MINNESOTA, and
FIRST TRUST COMPANY, INC., as Trustee, have caused this First
Supplemental Bond Trust Indenture to be executed in their
respective corporate names, and attested b their dul
authorized officers, and have caused their corporate ; seals to
be hereunto affixed, all as of the da and year first written
above.
THE CITY OF MAPLEWOOD,
MINNESOTA
SEAL)
B
Ma
B
Cit Clerk
011
TLS: 9/15/87
567N
Combined Escrow
i
T HOUSING AND REDEVELOPMENT AUTHORITY OF
s THE CITY OF SAINT PAUL, MINNESOTA
HOSPITAL REVENUE BOLDS, SERIES 1987 -A
HealthEast Project)
AMENDED AND RESTATED
ESCROW TRUST FUND AGREEMENT
Dated as of December 1, 1985
as Amended and Restated as of November , 1987
This AMENDED AND RESTATED ESCROW TRUST FUND AGREEMENT,
dated as of November 1 1987, (the "Amended Escrow Trust
Agreement ") made by and among the City of Maplewood,
Minnesota, a municipal corporation and political subdivision
of the State of Minnesota ( the "City ") , Health Resources
Hospital Corporation, Maplewood, Minnesota, a Minnesota
nonprofit corporation (the "Hospital "), HealthEast, a
Minnesota nonprofit corporation ( "HealthEast "), and First
Trust Company, Inc., St. Paul, Minnesota (which, in its
capacity as escrow agent, as trustee (the "1983 Trustee ")'
under the 1983 Indenture hereinafter referred to, and as
trustee (the "1985 Trustee ") under the 1985 Indenture
hereinafter referred to, is hereinafter referred to as the
Escrow Trustee "),
1
WITNESSETH:
WHEREAS, pursuant to an Indenture of Trust dated
December 1,1983 the "1983 Indenture "), between the City and
he 1983 Trustee, the City issued $37,485,000 aggregate
rinci P al amount of its Hospital Revenue Bonds (Health
Resources Hospital Corporation), Series 1983 (the "1983
Bonds ") consisting in part. of $4,270,000 Serial Bonds
maturin g on December 1 of 1986 through 1996, inclusive (the
Serial Bonds ") , and in part of $9.,905,000 7,0 Term Bonds due
December 1, 2012 the "OID Bonds ") (the 1983 Bonds, except the
OID Bonds, being referred to hereinafter as the 111983 Non -OID
Bonds ") ; and
WHEREAS P rovision was made for the payment under certain
conditions of $25,455,000 aggregate principal amount of the
1983 Bonds pursuant to the terms of an ESCROW TRUST FUND
AGREEMENT (the "Original Escrow Trust Agreement "), originally
dated as of December 1, 1988, and made by and among the City,
the Hospital, and the Escrow Trustee; and
WHEREAS, $460 aggregate principal amount of the
Serial Bonds mature on December 1, 1993, and $24,995,000
aggregate principal amount of the 1983 Non -OID Bonds are
Psubjecttooptional. redemption by the City at the direction of
the Hospital on December 1, 1993, at a redemption price of par
plus accrued interest, plus a premium in the amount of
499,900 (the "1983 Non -OID Bonds Redemption Price "); and
2
WHEREAS, pursuant to an Indenture of Trust dated
December 1, 1985 (the "1985 Indenture "), between the City and
the 1985 Trustee, the City issued $24,995 - ,000 aggregate
f
principal amount of its Tender Option Hospital Refunding
Ponds, Series 1985 (Health Resources Hospital Corporation
t
Project) ( the "1985 Bonds") to provide moneys sufficient to
fund the Original Escrow Trust Agreement, and to effect an
anticipated redemption of the 1983 Non -OID Bonds subject to
redemption on December 1, 1993; and
WHEREAS, the 1985 Indenture provides that the 1985 Bonds
shall bear interest from their dated date at a rate of 7.50%
the "Initial Rate ") , payable beginning on August 15, 1986 and
on each February 15 and August 15 (each an "Interest Payment
Date ") to, but not including, August 15, 1993 (the "Initial
Remarketing Date "); and
WHEREAS, the 1985 Indenture further provides that the
1985 Bonds shall bear additional interest from their dated
date at a rate of 1/4 of one percent (.25%) per annum ( the
Supplemental Rate ") until the earlier of (i) the Initial
Remarketing Date or (ii) the Interest Payment Date immediately
following assignment of a rating of "Aaa" or "AAA" to the 1985
Bonds from either Moody's Investor Services, Inca or Standard
Poor's Corporation, respectively; and
3
WHEREAS, the 1985 Bonds were given a rating of by
by letter dated ,
1989 and
f
f
t
WHEREAS the 1985 Indenture provides that on the, Initial
x
remarketing 9Date (i.e. August 15, 1993) all of the 198.5 Bonds
shall be subject to redemption, in whole or in part, upon the
wr i PttendirectionoftheHospital, at a redemption price equal
t principalotherincial amount thereof plus accrued interest, plus a
premium equal to 2%. of the principal amount of the 1985 Bonds
called for redemption (the 111985 Bond Redemption Price "); and
WHEREAS, the 1985 Bonds, if called for redemption on the
Initial Remarketing Date, will be subject to purchase on that
date and will not be remarketed by the Remarketing Agent as
originally contemplated in the 1985 Indenture; and
WHEREAS, pursuant to an Indenture of Trust dated as of
1987, between The Housing and Redevelopment
Authority of the City of Saint Paul, Minnesota (the "HRA ") as
issuer, and Marquette Bank Minneapolis, N.A., ( "Marquette "),
as trustee, the HRA has on this date issued $
HealthEast Project) aggregate principal amount of its
Hospital Revenue Bonds, Series 1987 -A and Series 1987 -B
collectively, the "1987 Bonds" and, with respect to each
series, the "1987 -A Bonds" or 111987 -B Bonds ", as the case may
be), a portion of each series of which will be used to provide
4
0
moneys sufficient (when aggregated with the funds already held
in the escrow created under the Original Escrow Trust
Agreement, as described hereinafter) to (l) discharg6 all 1983
Bonds, including (a) payment of the $460,000 Serial Oonds at
f the i r maturity on December 1, 1993; ( b ) prepayment on
December 1, 1993, of the $24,995,000 aggregate principal
amount of 1983 Non -OID Bonds subject to optional prepayment on
December 1, 1993; and (c ) prepayment on December 1, 1996 of
all of the OID Bonds subject to optional redemption on
December 1, 1996; and (2) to discharge all of the 1985 Bonds
on August 15, 1993; and
WHEREAS, under Section 103(c) of the Internal Revenue
Code of 1954, as amended through December 31, 1985 (the "Old
Code ") and applicable regulations and rulings thereunder
particularly Sections 1.103 -13(c) and 1.103 -15 of the United
States Treasury Regulations under 26 CFR), the exclusion from
gross income of interest paid on the 1985 Bonds depends upon a
reasonable expectation that (i) the yield (as defined therein)
on the investment of the proceeds from the sale of the 1985
Bonds will not be "materially higher" than the yield on the
1985 Bonds themselves; and (ii) the proceeds from the sale of
the 1985 Bonds (including earnings thereon) will be applied in
the manner set forth in the Original Escrow Trust Agreement as
herein modified; and
5
WHEREAS, under Section 148 of the Internal Revenue Code
of 1986 (the "New Code "), and applicable regulations and
rulings thereunder (particularly Sections 1.103 -13(cY and
1,103-15 of the United States Treasury Regulations udder 26
i
4
FR, as modified by Section 148 of the New Code) (i) the yield
as defined on the investment of the proceeds from
the sale of the 1987 Bonds herein deposited with the Escrow
Trustee will not be "materially higher" than the yield on the
1987 Bonds, together with other bonds simultaneously issued by
the HRA for HealthEast as part of the same issue, and (ii) the
proceeds from the sale of the 1987 Bonds (including earnings
thereon) will be applied in the manner set forth herein; and
WHEREAS, the Original'Escr Trust Agreement provided for
the investment of certain proceeds from the sale of the 1985
Bonds initially deposited to the Escrow Trust Fund, created
under the Original Escrow Trust Agreement, in Prior Escrow
Securities (as hereinafter defined, and defined in the 1985
Indenture as "Escrow Securities "), which Prior Escrow
Securities bear interest and mature in such amounts, and pay
interest and principal on such dates, so as to insure the
availability of moneys needed to pay interest on the 1985
Bonds through the Initial Remarketing Date; and for the other
purposes set forth therein; and
WHEREAS, it is intended that the Original Escrow Trust
Agreement be amended and restated, to permit the addition to
the Escrow Trust Fund (renamed herein as the "Amended Escrow
f
t
Trust Fund") of certain of the proceeds from the sale of the
k
i
x.987 -B Bonds, which proceeds shall be set aside irrevocably in
trust for the sole benefit of the holders and owners of the
1983 Non -OID Bonds and the 1985 Bonds for the further purposes
set forth herein; and to permit the addition to a new "OID
Escrow Trust Fund" of certain of the proceeds from the sale of
the 1987 -A Bonds, which proceeds shall be set aside
irrevocably in trust for the sole benefit of holders of the
OID Bonds; and such proceeds shall not be used for any other
purpose or in any other manner for the benefit, directly or
indirectly, of the City, HealthEast, or the Hospital nor shall
such proceeds be considered to be the property of any of them,
in any manner; and
WHEREAS, it is necessary that this Amended and Restated
Escrow Trust Agreement provide for the investment of certain
proceeds from the sale of the 1987 -B Bonds initially deposited
to the Amended Escrow Trust Fund in "New Escrow Securities ",
which New Escrow Securities, when aggregated with the Prior
Escrow Securities and uninvested proceeds in the Escrow Trust
Fund, must bear interest and mature in such amounts, and pay
interest and principal on such dates, so as to insure the
7
availability of moneys needed to pay when due (i) interest on
the 1985 Bonds through August 15, 1993; (ii) the 1985 Bond
Redemption Price for all of the 1985 Bonds, by reason of a
o earl redemption on August 15 1993; (iii) principalcallforypg alP
pnd interest on the 1983 Non - OID Bonds, as the same becomes
due and payable, through December 1, 1993; and (iv) the 1983
Non - OID Bond Redemption Price on the 1983 Non - OID Bonds
maturing on or after December 1, 1994 by reason of a call for
early redemption on December 1, 1993; and
WHEREAS, it is necessary that this Amended and Restated
Escrow Trust Agreement provide for the investment of certain
proceeds from the sale of the 1987 -A Bonds initially deposited
to a new New OID Escrow Trust Fund in "New OID Escrow
Securities ", which must bear interest and mature in such
amounts, and pay principal and interest on such dates, so as
to insure the availability of moneys needed to pay when due
the Accreted Value ( as defined in the 1983 Indenture) of the
OID Bonds, plus accrued interest, plus a premium of 30 of the
Accreted Value (hereinafter, the "OID Bonds Redemption
Price "), by reason of a call for early redemption on
December 1, 1996; and
WHEREAS, the City has made arrangements for the Escrow
Trustee to purchase New Escrow Securities and New OID Escrow
Securities whose principal and interest payments will,
L
together with the Prior'Escrow Securities and uninvested
proceeds in the Escrow Trust Fund, produce the amounts
sufficient to make the payments described in the two previous
paragraphs; and
WHEREAS, the 1983 Indenture and the 1985 Indenture have,
as of the date hereof, been amended to permit the escrow
discharge contemplated herein; and
WHEREAS, the Escrow Trustee has received, -and hereby
acknowledges receipt of, a verification report prepared by
independent certified public accountants,
verifying the mathematical accuracy of (1) the computations of
the adequacy of maturing principal of and interest on the New
Escrow Securities, when aggregated with the Prior Escrow
Securities and uninvested proceeds in the Escrow Trust Fund,
to pay interest and principal on such dates, and mature in
such amounts, so as to insure the availability of moneys
needed to pay (i) interest on the 1985 Bonds through
August 15, 1993; (ii) the 1985 Bond Redemption Price for all
of the 1985 Bonds, by reason of a call for early redemption on
August 15, 1993; (iii) principal and interest on the 1983 Non -
OID Bonds, as the same becomes,due and payable, through
December 1, 1993; and (iv) the 1983 Non -OID Bond Redemption
Price on the 1983 Non -OID Bonds maturing on or after
December 1, 1994, by reason of a call for early redemption on
9
December 1, 1993; and (2) the computations of the adequacy of
maturing principal of and interest on the of the New OID
Escrow Securities to pay interest and principal on such dates,
i
i
o as to insure the avai'abilitAndmatureinsuchamounts, s y
r
pf moneys needed t o paya the Accreted Value (as defined in the
1983 Indenture) of OID Bonds, plus accrued interest, plus a
premium of 3% of the Accreted Value, by reason of
early redemption on December 1, 1996; and (3) the
supporting the conclusion that the 1985 Bonds and
are not "arbitrage bonds" under Section 103(c) of
Code, as to the 1985 Bonds, and under Section 148
Code, as to the 1987 Bonds; and
a call for
computations
1987 Bonds
the Old
of the New
WHEREAS, the Escrow Trustee is a bank which is a
qualified depository and which possesses and is exercising
full trust powers and is otherwise qualified and empowered to
enter into this - Amended and Restated Escrow Trust Agreement.
NOW THEREFORE, in consideration of the mutual agreements
herein contained and the sums paid to the Escrow Trustee, and
for the other purposes set forth herein, the parties hereto
mutually undertake, promise, and agree for themselves, their
respective representatives and assigns, as follows:
Section 1.1. Escrow Trust Fund The special, irre-
vocable, express trust fund and separate trust account created
under the Original Escrow Trust Agreement and designated the
10
City of Maplewood, Minnesota Special Escrow Trust Fund -1985
Tender Option Hospital Refunding Bonds (Health Resources
Hospital Corporation)", is hereby renamed as the "City of
p P
Maplewood , pMinnesotaSpecial Escrow Trust Fund- -1983 'iHospital
e venue Bonds (Health Resources Hospital Corporation) and 1985
Tender Option Hospital Refunding Bonds (Health Resources
Hos ital Cor P oration) ", hereinafter referred to as theP
Amended Escrow Trust Fund ".
There is hereby created another special, irrevocable,
express separate trust fund for the purpose of defeasing the
OID Bonds, designated the "City of Maplewood, Minnesota
Special Escrow Trust Fund - -OID Bonds (Health Resources
Hospital Corporation), hereinafter referred to as the "OIDPP
Escrow Trust Fund ".
The Escrow Trustee hereby accepts the Amended Escrow
Trust Fund and the OID Escrow Trust Fund.
Section 1.2. Prior Escrow Securities. The Escrow
Trustee acknowledges that on December 31, 1985, the Escrow
Trustee received and deposited to the credit of such Amended
Escrow Trust Fund for the benefit of the holders of the 1985
Bonds and certain of the 1983 Bonds, the sum of
24,119,980.35, representing a portion of the proceeds
received by the City from the sale and delivery of the 1985
Bonds. The Escrow Trustee further acknowledges that,
11
concurrently with the deposit of 1985 Bond proceeds as
described above, and at the request of the City, the Escrow
Trustee used such Bond proceeds to purchase direct obligations
L
of the United States of America (the "Prior Escrow
iSecurities ") described in Exhibit A -1 attached to this Escrow
Trust Agreement, (which Exhibit A -1 is made a part hereof for
all purposes), and credited said Prior Escrow Securities to
the .Escrow Trust Fund created under the Original Escrow Trust
Agreement. As of the date hereof, the Escrow Trustee
continues to hold all of the Prior Escrow Securities, except
for those which have already matured. As to.those Prior
Escrow Securities which have matured as of the date hereof,
the Escrow Trustee has applied the proceeds thereof, and
earnings therefrom, in accordance with the terms of the
Original Escrow Trust Agreement.
Section 1.3. Purchase of New Escrow Securities for
Amended Escrow Trust Fund The Escrow Trustee hereby
acknowledges receipt of, and the deposit to the credit of the
Amended Escrow Trust Fund, for the benefit of holders of the
1983 Non -OID Bonds and the 1985 Bonds, the sum of
S in immediately available federal funds,
representing a portion of the proceeds received by the HRA
from the sale and delivery of the 1987 -B Bonds on the date
first above written (the "1987-B -Bond Proceeds "). The Escrow
12
Trustee further acknowledges that, concurrently with the
deposit of 1987 -B Bond Proceeds as described above, and at the
request of the City, the Escrow Trustee used such 19 -B Bond
t
t Proceeds to purchase direct obligations of the Uniteld States
e ("New Escrow Securities"iof Am rica ( N ) described in Exhibit. A -2
attached to this Escrow Trust Agreement, (which Exhibit A -2 is
made a part hereof for all purposes), and credited said New
Escrow Securities to the Amended Escrow Trust Fund.,
Section 1.4. Purchase of New Escrow Securities for. OID
Escrow Trust Fund The Escrow Trustee hereby acknowledges
receipt of, and the deposit to the credit of the OID Escrow
Trust Fund for the benefit of holders of the OID Bonds, the
sum of $ in immediately available federal funds,
representing a portion of the proceeds received by the HRA
from the sale and delivery of the 1987 -A Bonds on the date
first above written (the "1987 -A Bond Proceeds "). The Escrow
Trustee further acknowledges that, concurrently with the
deposit of 1987 -A Bond Proceeds as described above, and at the
request of the City, the Escrow Trustee used such 1987 -A Bond
Proceeds to purchase direct obligations of the United States
of America ( "New OID Escrow Securities"') described in Exhibit
A -3 attached to this Escrow Trust Agreement, (which Exhibit
A -3 is made a part hereof for all purposes), and credited said
New OID Escrow Securities to the OID Escrow Trust Fund created
under this Amended Escrow Trust Agreement.
13
Section 1.5 Application of Securities The Escrow
Trustee shall from time to time collect and receive for the
credit of the Amended Escrow Trust Fund the principal and
f
f
interest payable on the Prior Escrow Securities and the New
r
escrow Securities as they respectively mature and are paid,
and shall apply the proceeds thereof, together with any other
assets of the Amended Escrow Trust Fund, to make payment to
the holders and owners of the 1983 Non -OID Bonds and 1985
Bonds of the amounts due as set forth in Section 2 hereof.
The Escrow Trustee shall from time to time collect and
receive for the credit of the OID Escrow Trust Fund the
principal and interest payable on the New OID Escrow
Securities as they respectively mature and are paid, and shall
apply the proceeds thereof, together with any other assets of
the OID Escrow Trust Fund, to make payment to the holders and
owners of the OID Bonds of the amounts due as set forth in
Section 2 hereof.
The Escrow Trustee shall not be liable or responsible for
any loss resulting from any investment or reinvestment made in
the Prior Escrow Securities, the New Escrow Securities, or the
New OID Escrow Securities (in the aggregate, the "Escrow
Securities").
Section 2.1. Application of Escrow Securities Subject
to the other terms and provisions-of this Escrow Trust
14
Agreement, the Escrow Trustee shall apply the moneys from time
to time on hand in the Amended Escrow Trust Fund and in the
OID Escrow Trust Fund (including without limitation the Escrow
F
ecurities as they mature and are payable). in the manner set
r
orth in this Section.
Section 2.2. Interest on 1985 Bonds.
a) On each Interest Payment Date following
August 15, 1987, through February 15, 1993, the Escrow
Trustee shall, in its capacity as the 1985 Trustee, apply
moneys in the Amended Escrow Trust Fund (from funds
derived from maturing Prior Escrow Securities or rein-
vestment thereof) to pay when due the interest on the
1985 Bonds due on each such Interest Payment Date,
calculated on the basis of the Initial Rate.
b) Because the 1985 Bonds received an ."
rating from on 19
parties hereto agree that Supplemental Rate is no longer
applicable nor, under the terms of the 1985 Indenture,
can it ever be applicable in the future. As a result,
and pursuant to the terms of the Original Escrow Trust
Agreement, the Escrow Trustee shall, in its capacity as..
the 1983 Trustee and pursuant to Section 2 -4(b) hereof,
apply moneys in the Amended Escrow Trust Fund (from funds
derived from maturing Prior Escrow Securities or
15
reinvestment thereof) which would have otherwise been
applied to the payment of interest on the 1985 Bonds, to
pay principal amounts of Serial Bonds maturing on the
C
December 1 immediately following receipt of such moneys.
Section 2.3. Redemption Price of 1985 Bonds
a) The 1985 Bonds shall be called for mandatory
redemption on the Initial Remarketing Date (August 15,
1993) and paid and redeemed at the 1985 Bond Redemption
Price, all as specified in the 1985 Indenture. The
Escrow Agent, in its capacity as the 1985 Trustee, is
hereby irrevocably instructed to, and shall, give proper
notice of redemption as provided in Sections 3.02 and
3.06 of the 1985 Indenture.
b) On August 15, 1993, the Escrow Trustee shall,
in its capacity as the 1985 Trustee, apply (i) moneys
from maturing Prior Escrow Securities to pay when due the
interest portion of the 1985 Bond Redemption Price on all
of the 1985 Bonds, accruing from February 16, 1993 to
August 15, 1993, and $278,787.50 of principal of the 1985
Bonds; and (ii) moneys from maturing New Escrow
Securities to pay when due the principal (except for
278,787.50 thereof paid pursuant to subsection 2.3(b)(i)
hereof) and 20 premium portion of the 1985 Bond
Redemption Price on all of the 1985 Bonds.
16
Section 2.40 Principal on Serial Bonds through
December 1, 1992
a) Beginning December 1, 1987, and on each
succeeding December 1 through December, 1992, the Escrow
i
Trustee shall, in its capacity as the 1983 Trustee, apply
moneys in the Amended Escrow Trust Fund, from (i) Prior
Escrow Securities maturing on the preceding November 15,
ii) cash balances on hand on such preceding November 15,
and derived from the sums deposited in the Original
Escrow Trust Fund and (iii) all earnings from investment
of such amounts from November 15 to December 1 of each
such year, toward payments when due, of principal amounts
of Serial Bonds.
b) On the dates set forth in the immediate
preceding paragraph, the Escrow Trustee shall also, in
its capacity as the 1983 Trustee, apply moneys in the
Amended Escrow Trust Fund (from maturing Prior Escrow
Securities equal to $31,243.75 on each immediately
preceding February 15 or August 15, plus earnings on such
amounts to the December 1 date of payment) toward
payments when due, of principal amounts of Serial Bonds
maturing from December 1, 1987 through December 1, 1992.
c) To accomplish the escrow discharge of all of
the Serial Bonds maturing on or before December 1, 1992,
the Escrow Trustee shall also, beginning December 1, 1987
17
and on each succeeding December 1 through December, 1992,
in its capacity as 1983 Trustee, apply moneys in the
Amended Escrow Trust Fund (from maturing New Escrow
i
Securities), to pay when due the principal amounts of
t
Serial. Bonds maturing on such December 1.
Section 2.5. Disposition of Moneys Derived From Prior
Escrow Securities on and Followinq August 15. 19930
a) The parties hereto agree that, by reason of the
call of the 1985 Bonds, no 1985 Bonds will be tendered on
the Initial Remarketing Date and consequently, the
transfer contemplated in Section 2.4 of the Original
Escrow Trust Agreement will be zero. As a result, none
of the proceeds of the U.S. Treasury STRIP, maturing
August 15, 1993 in the amount of $27,171,000, which
Treasury STRIP was and is one of the Prior Escrow
Securities, will be needed to pay principal on the 1985
Bonds, and therefore, those proceeds shall pursuant to
Section 2.3(b)(i), be applied first to pay interest
accrued on the 1985 Bonds from February 16, 1993 to
August 15,1993; and $278,787.50 shall be applied towards
payment of the 1985 Redemption Price due on the 1985
Bonds on August 15, 19930
b) On August 15, 1993, the Escrow Trustee shall
hold and shall not invest any moneys remaining in the
Mal
Amended Escrow Trust Fund after the payments described in
Section 2.3(b) and derived from Prior Escrow Securities
except under the conditions set forth in Section' 2.10
hereof. Such remaining moneys will be applied to pay the
1983 Non -OID Bonds Redem t.i.on Price on the 1983 Non - OIDtp
Bonds maturing on or after December 1, 1984, and the
principal amount of Serial Bonds maturing on December 1,
1993, all as contemplated in the Original Escrow Trust
Agreement.
Section 2.6. Pavment of 1983 Non - OID Bonds Redemption
Price*
a) The 1983 Non -OID Bonds maturing on or after
December 1, 1994 shall be called for mandatory redemption
on December 1, 1993, and paid and redeemed at the 1983
Non - OID Bonds Redemption Price, all as specified in the
1983 Indenture. The Escrow Agent, in its capacity as the
1983 Bond Trustee, is hereby irrevocably instructed to,
and shall, give proper notice of redemption as provided
in Sections 3 -1 and 3 -2 of the 1983 Indenture.
b) On December 1, 1993, the Escrow Trustee shall,
in its capacity as the 1983 Bond Trustee, apply moneys in
the Amended Escrow Trust Fund (from the sums described in
Section 2.5(b)), to pay the 1983 Redemption Price on the
1983 Non -OID Bonds maturing on or after December 1, 1994;
and (2) the principal amount of the Serial Bonds maturing
on December 1, 19930
19
Section 2.7. Interest on 1983 Non -OID Bonds On each
Interest Payment Date from the date hereof through December 1,
1993, the Escrow Trustee shall, in its capacity as the 1983
f
Bond Trustee transfer from the Amended Escrow Trust Fund ( from
t
funds derived from maturing New Escrow Securities or
reinvestment thereof), to pay when due the interest on the
1983 Non -OID Bonds.
Section 2.8. Interest on OID Bonds On each Interest
Payment Date from the date hereof through June 1, 1996, the
Escrow Trustee shall in its capacity as .1983 Trustee, apply
t;
monies in the Amended Escrow Trust Fund (from funds derived
from maturing New OID Escrow Securities or reinvestment
thereof), to pay when due the interest due on the OID Bonds on
each such Interest Payment Date.
Section 2.9. Disposition of OID Escrow Trust Fund
a) The OID Bonds shall be called for mandatory
redemption on December 1, 1996, and paid and redeemed at the
GID Bonds Redemption Price, all as specified in the 1983
Indenture. The Escrow Trustee, in its capacity as the 1983
Bond Trustee, is hereby irrevocably instructed to, and shall,
give proper notice of redemption as provided in Sections 3 -1
and 3 -2 of the 1983 Indenture.
b) On December 1, 1996, the Escrow Trustee, in its
capacity as the 1983 Bond Trustee -, shall apply moneys in the
20
OID Escrow Trust Fund (from maturing New OID Escrow
Securities) to pay the OID Bonds Redemption Price on the OID
Bonds as described above.
t
t
Section 2.10. Reinvestment of Funds This Amended
Escrow Trust Agreement may be amended or supplemented, the
Federal Securities or any portion thereof sold or redeemed, or
invested or reinvested in any manner provided (any such
amendment, supplement, direction to sell or redeem or invest
to be referred to as a "Subsequent Action "), upon submission
to the Escrow Trustee of each of the following:
a) a certified copy of proceedings of the City,
the Hospital and HealthEast authorizing the Subsequent
Action signed by duly designed officers of the City, the
Hospital and HealthEast.
b) an opinion of nationally recognized bond
counsel or tax counsel nationally recognized as having an
expertise in the area of tax - exempt municipal bonds to
the effect that the Subsequent Action (a) will not cause
the interest on the 1983 Bonds, the 1985 Bonds, or the
1987 Bonds to become includible in the gross income of
the owners thereof for Federal income tax purposes and
not exempt from Federal income taxes of such owners under
the laws of the United States of America providing for
taxation of income; (b) will not violate the covenants in
21
the 1983 Bonds Indenture, the 1985 Bond Indenture and the
1987 Bonds Indenture not to cause the 1983 Bonds or the
1985 Bonds or 1987 Bonds, respectively, mePY, to become
t
z arbitrage bonds" under Section 103(c) of the old Code or
Section 148 of the New Code whichever is applicable, and
Treasury- Regulations thereunder; (c) does not materially
adversely affect the legal rights of the holders of the
1983 Bonds, the 1985 Bonds or the 1987 Bonds* and
will not have the effect of causing the 1983 Bonds not to
be defeased under the provisions of Article VII of the
indenture, or causing the 1985 Bonds not to be defeased
under the provisions of Article VIII of the 1985
Indenture.
c) an opinion of a firm of independent certified
public accountants acceptable to the Hospital,
HealthEast, and the City to the effect that the Escrow
Securities and the funds available or to be available for
payment of the 1983 Bonds and 1985 Bonds will remain
sufficient to pay when due all principal of and interest
on the 1983 Bonds (or the Accreted Value with respectpt to
the OID Bonds) and 1985 Bonds after the taking of the
Subsequent Action.
Section 2.11, Extraordinary Redemption of 1985 Bonds
The parties hereto agree that, by reason of the call of the
22
1985 Bonds on August 15, 1993, as described in Section 2.3(a),
Section 2.7 of the Original Escrow Trust Agreement, relating
to extraordinary redemption of the 1985 Bonds is rendered
moot and shall no longer have any force or effect.
r
I Section 3. Escrow Securities Held in.Trust The Escrow
t
Trustee shall hold the Prior Escrow Securities and the New
Escrow Securities, and all other assets in the Amended Escrow
Trust Fund (including uninvested moneys in the Amended Escrow
Trust Fund) at all times as a special and separate trust fund
for the benefit of the holders of the 1985 Bonds and of the
1983 Non -OID Bonds to the extent provided herein, wholly
segregated from other funds and securities on deposit with it,
and shall hold the New OID Escrow Securities, and all other
assets in the OID Escrow Trust Fund (including uninvested
moneys in the OID Escrow Trust Fund) at all times as a special
and separate trust fund for the sole benef it of the holders of
the OID Bonds to the extent provided herein, wholly segregated
from other funds and securities on deposit with it; and shall
never commingle the Escrow Securities, or any other assets of
the Amended Escrow Trust Fund or the OID Escrow Trust Fund
with other funds or securities owned by it or held by it; and
shall hold and dispose of the assets of the Amended Escrow
Trust Fund and the OID Escrow Trust Fund solely as provided in
this Amended Escrow Trust Agreement.
23
All funds and credits for the Escrow Securities received
by the Escrow Trustee and held intrust by it pursuant to this
Amended Escrow Trust Agreement shall constitute a trust for
f
tthe benefit of the holders of the 1985 Bonds and the ',holders
f the 1983 Bonds as provided herein (provided that the OID
Escrow Securities shall constitute a separate trust for the
benefit of the holders of the OID Bands only); and such
holders.shall be entitled to rights and privileges with
respect to such funds and securities enjoyed by a trust
beneficiary and shall be accorded all applicable rights and
privileges accorded such holders under the 1983 Indenture or
1985 Indenture, as the case may be, as if the Escrow Trustee
is actin g capacityinits as the 1983 Trustee insofar as such
funds are held for the benefit of the holders of the 1983
Bonds and as the 1985 Trustee insofar as such funds are held
for the benefit of the holders of the 1985 Bonds. The funds
and securities received by, and held under this Amended Escrow
Trust Agreement by, the Escrow Trustee shall not be considered
as a banking deposit by the City or the Hospital or
HealthEast and the Escrow Trustee shall have no right or
title with respect thereto.
Section 4. Reports On or before the 31st day of
January of each year commencing in the year 1988, so long as
the Amended Escrow Trust Fund or OID Escrow Trust Fund is
24
maintained under this Amended Escrow Trust Agreement, the
Escrow Trustee shall forward by letter to the City, the
Hospital Heal.thEast and any Rating Agency then rating the
X985 Bonds or the 1983 Bonds a statement briefly setting
t
s
orth, with respect to each such fund: (i) the Escrow
Securities held, (ii) the income and maturities thereof and
iii) the application of moneys therefrom for the immediately
preceding year.
Section 5. Responsibilities of the Escrow Trustee The
Escrow Trustee shall not be liable or responsible for any act
done or step taken or omitted, by it or any mistake of fact or
law, or for anything which it may do or refrain from doing,
except for its own negligence or its own default or failure in
the performance of any material obligation imposed upon it
hereunder. The Escrow Trustee shall not be responsible in any
manner whatsoever for the recitals made herein or statements
contained in the 1987 Bonds, the 1985 Bonds or the 1985
Indenture, or the 1983 Bonds or the 1983 Indenture, or the
proceedings taken in connection with the issuance of any of
such Bonds.
The Escrow Trustee shall have no responsibility to any
person in connection herewith except those holders and owners
of 1983 Bonds and 1985 Bonds and others specifically provided
herein, and shall not be responsible for anything done or
25
omitted to be done by it except for its negligence or default
in the performance of any material obligation imposed upon it
hereunder. The Escrow Trustee has no duty to determine or
enquire into the happening or occurrence of any event' or
s
4
contingency where the performance.or the failure of
performance of the City with respect to arrangements or
contracts with others, the.Escrow Trustee's sole duty and
responsibility hereunder being to safeguard the Amended Escrow
Trust Fund and the OID Escrow Trust Fund, and dispose of and
deliver the same strictly in accordance with this Amended
Escrow Trust Agreement.
If, however, the Escrow Trustee is nevertheless called
upon by the terms of this Amended Escrow Trust Agreement to
determine the occurrence of any event or contingency, the
Escrow Trustee shall be obligated in making such determination
only to exercise reasonable care and diligence, and in any
event of error in making such determination the Escrow Trustee
shall be liable only for its own misconduct, or its negligence
in the light of all circumstances, taking into consideration
the time and facilities available to the Escrow Trustee in the
ordinary conduct of its business. In determining the
occurrence of any such event or contingency, the Escrow
Trustee may request from the City or any other persons such
reasonable additional evidence as -the Escrow Trustee in its
26
discretion may deem necessary to determine any fact relating
to the occurrence.of such event or contingency, and the Escrow
Trustee may inquire and consult, among others, with the City
L
at any time, and the Escrow Trustee shall not be liable for
jany damages resulting from its delay in acting hereunder
pending its examination of the additional evidence so
requested by it.
Upon the taking of all the actions as described herein by
the Escrow Trustee, the Escrow Trustee shall have no further
obligations or responsibilities to the owners and holders of
the Bonds, to the City or to the Hospital or to HealthEast or
to any other person or persons in connection with this Escrow
Trust Agreement.
Section 6. Parties This Amended Escrow Trust Agreement
is by and among the City, the Hospital, HealthEast and the
Escrow Trustee only, and in connection therewith the Escrow
Trustee is authorized by both the City, HealthEast and the
Hospital to rely upon the representations, both actual and
implied, of the City, HealthEast and the Hospital in
connection with this Amended Escrow Trust Agreement and with
respect to the Escrow Securities, and the Escrow Trustee shall
not be liable to any person in any manner for such reliance.
The duty of - the Escrow Trustee hereunder shall only be to the
holders and owners of the 1985 Bonds through August 15, 1993;
27
to the holders and owners of the 1983 Non -OID Bonds through
December 1, 1993; and to holders and owners of OID Bonds
through December 1, 1996; except as provided in section 11
hereof,.
f
3
i
c
Section 7. Successor Escrow Trustees In case at any
time the Escrow Trustee or its legal successor or successors
should become unable, through.operation of law or otherwise,
to act as Escrow Trustee, or if its property and affairs shall
be taken under the control of any state or federal court or
administrative body because of insolvency or bankruptcy or for
any other reason, a vacancy shall forthwith and ipso facto
exist in the office of Escrow Trustee, and the City by an
instrument authorized by resolution shall appoint an Escrow
Trustee to fill such vacancy. After any such appointment, the
City shall cause notice of such appointment to be published at
least once a week for two consecutive calendar weeks in a
financial publication of general circulation published in the
City of New York, New York, and the City of Saint Paul,
Minnesota. If no successor Escrow Trustee shall have been
appointed within 60 days, a successor may be appointed by the
owners of a majority in principal amount of the 1985 Bonds
then unpaid by an instrument or instruments in writing filed
with the City, signed by such owners or by their duly
authorized attorneys -in -fact. If, in a proper case, no
appointment of a successor Escrow Trustee shall be made
pursuant to the foregoing provisions of this Section within,,
three months after a vacancy shall have occurred, the owner of
any 1983 Bond or 1985 Bond may apply to any court ofJ competent
ourisdiction ' to appointoin.t a successor Escrow Trustee. Such
court may thereupon, on, after such notice, if any, as it may deem
proper, prescribe and appoint a successor Escrow Trustee.
Every successor Escrow Trustee appointed pursuant to the
provisions of this Section shall be a corporation or a
national bank authorized to exercise corporate trust powers,
having a combined capital and surplus of at least $25,000,000,
if there be such a trust corporation or national bank willing
and able to accept the duties of Escrow Trustee on reasonable
and customary terms.
Section 8. Business Days Whenever under the terms of
this Amended Escrow Trust Agreement the performance date of
any provision hereof shall fall on a day which is not a legal
banking day, and upon which the Escrow Trustee is not open for
business, the performance thereof on the next succeeding
business day of the Escrow Trustee shall be deemed to be in
full compliance. Whenever time is referred to in this Amended
Escrow Trust Agreement it shall be the time recognized by the
Escrow Trustee in the ordinary conduct of its normal business
transactions. Time shall be of the essence in the performance
29
of obligations from,time to time imposed upon the Escrow
Trustee by this Amended Escrow Trust Agreement
Notices. An notice, authorization 1 requestSection9Y
F1
permitted to be given hereunder shall be
for demand required or perms g
jin writing and shall be deemed to have been duly given when
t
ymailedb registered or certified mail, postage prepaid,9
addressed as follows:
The City: City of Maplewood. Minnesota
City Hall, 1380 Frost Avenue
Maplewood, Minnesota 55109
Attention: Mayor
The Hospital:, Health Resources Hospital
Corp.
2696 Hazelwood Avenue
Maplewood, Minnesota 55109
Attention: Mr, John Reiling
HealthEast: HealthEast
642 East Seventh Street
St. Paul, Minnesota 55106
Attn: Mr. Chris Quinlan
The Escrow Trustee: First Trust Company, Inc.
180 East Fifth Street
St. Paul, Minnesota 55101
Attention: Corporate Trust Dept.
Section 10. Cancellation and Destruction of Bonds upon
Pa ent All 1983 Bonds and 1985 Bonds shall be cancelled
i
paymentuon and shall be destroyed by the Escrow Trustee and
P
a certificate as to such destruction delivered by the Escrow
Trustee to the Hospital and the City.
Section 11. Unclaimed Funds If any 1983 Bonds or 1985
Bonds shall not be presented for payment when the principal
30
or Accreted value, in the case of an oID Bond) thereof shall
have become due, whether at maturity or upon redemption, and
if moneys or Escrow Securities shall at such times be held by
j.the Escrow Trustee in trust for that purpose sufficient and
javailable to pay the principal of such 1983 Bond or 1985 Bond
whether at maturity or upon redemption), it shall be the duty
of the Escrow Trustee to hold said moneys or Escrow
Securities, without liability to the holder of such 1983 Bond
or 1985 Bond for interest thereon subsequent to such date, in
trust for the benefit of the holder of such 1983 Bond or 1985
Bond, as the case may be, who shall thereafter be restricted
exclusively to said moneys or Escrow Securities for any claim
of whatever nature on his part on or with respect to said 1983
Bond or 1985 Bond, including any claim for the payment
thereof.
Moneys so deposited with Escrow Trustee which remain
unclaimed five years after the date payment thereof became due
shall, at the written request of the Hospital, be paid to the
Hospital; and the owners of the 1985 Bonds or 1983 Bonds for
which the deposit was made shall thereafter be limited to a
claim against the Hospital; provided, however, that the Escrow
Trustee, before making payment to the Hospital, may, at the
expense of the Hospital, cause a notice to be published once
in an authorized newspaper in the City of Saint Paul,
31
Minnesota, stating that the moneys remaining unclaimed will be
returned to the Hospital after a specified date.
Section 12. Termination This Amended Escrow Trust
s andAgreementshallterminateuponthetransferofallmoneys
Pscrow Securities (1) held in the Amended Escrow Trust Fund
hereunder on August 15, 1993, with respect to the 1985 Bonds
and on December 1, 1993 with respect to the 1983 Non -OID
Bonds; and (2) held in the 0 I Escrow Trust Fund on
December 1, 1996, with respect to the OID Bonds. Subject to
the provisions of Section 11, any excess funds remaining in
the Amended Escrow Trust Fund after December 1, 1993 shall be
refunded to the Hospital; and any excess funds remaining in
the OID Escrow Trust Fund after December 1, 1996 shall be
refunded to the Hospital.
Section 13, Governing Law This Amended Escrow Trust
Agreement shall be governed the laws of the State of
Minnesota.
IN WITNESS WHEREOF, the parties hereto have caused this
Amended Escrow Trust Agreement to be executed in multiple
counterparts (each of which shall be deemed an original), all
as of the date and year first above written.
32
CITY OF MAPLEWOOD, MINNESOTA
By
s
Signature Page to Amended and Restated Escrow Trust Agreement
Combined Escrow- HRHC).
33
HEALTH RESOURCES HOSPITAL
CORPORATION
By
4
Signature Page to Amended and Restated Escrow Tr Agreement
Combined Escrow- HRHC).
34
FIRST TRUST COMPANY, INC.,
as Escrow Trustee, as 1985 Trustee
and as 1983 Trustee
By
Signature Page to Amended and Restated Escrow Trust Agreement
Combined Escrow- HRHC).
35
HEALTHEAST
By
Signature ginaturePa e to Amended and Restated Escrow Trust Agreement
Combined.Escrow HRHC).
36
Exhibit A -1
THE HOUSING AND REDEVELOPMENT AUTHORITY OF_
THE CITY OF SAINT PAUL, MINNESOTA HOSPITAL REVENUE ° BONDS,
SERIES 1987
HealthEast Project)
Amended Escrow Trust Fund Agreement
Prior Escrow Securities
SECURITY MATURITY AMOUNT COST
U.S.Treasury STRIP 08/15/86 1,206,000 I
U.S.Treasury STRIP 11/15/86 72,000 67,433.04
U.S.Treasury STRIP 02/15/87 969,000 890,520.69
U.S.Treasury STRIP 08/15/87 969,000 857,041.74
U.S.Treasury STRIP 11/15/87 17,000 14,756.85
U.S.Treasury STRIP 02/15/87 969,000 819,386.40
U.S.Treasury STRIP 08/15/88 969,000 784,705.89
U.S.Treasury STRIP 11/15/88 24,000 19,078.32
U.S.Treasury STRIP 02/15/89 969,000 749,288.94
U.S.Treasury STRIP 08/15/89 969,000 715,344.87
U.S.Treasury STRIP 11/15/89 48,000 34,578.72
U.S.Treasury STRIP 02/15/90 969,000 683,309 * 73
U.S.Treasury STRIP 08/15/90 969,000 653,532.36
U.S.Treasury STRIP 11/15/90 59,000 39,052.10
U.S.Treasury STRIP 02/15/91 969,000 621,691.02
U.S.Treasury STRIP 08/15/91 969,000 593,754.75
U.S.Treasury STRIP 11/15/91 69,000 41,376.54
U.S.Treasury STRIP 02/15/92 9.69,000 565,130.49
U.S.Treasury STRIP 08/15/92 969,000 540,798.90
U.S.Treasury STRIP 11/15/92 83,000 45,172.75
U.S.Treasury STRIP 02/15/93 969,000 517,504.14
U.S.Treasury STRIP 08/15/93 27 13,715,015.67
TOTAL $24,119,980.35
BOIDf aced items have matured as of the date of the Amended
Escrow Trust Fund Agreement
Exhibit A -2
THE HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF SAINT PAUL, MINNESOTA
HOSPITAL REVENUE BONDS, SERIES 1987 -B
HealthEast Project)
t
Amended Escrow Trust Fund Agreement
New Escrow Securities
SECURITY MATURITY AMOUNT COST
Exhibit A -3
THE HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF SAINT PAUL, MINNESOTA
HOSPITAL REVENUE BONDS, SERIES 1987 -A E
HealthEast Project)
Amended Escrow Trust Fund Agreement
New OID Escrow Securities
SECURITY MATURITY AMOUNT COST
11IS181 b VaTi
BRIGGS .&xn MORGAN
SUMMARY OF COMBINED ESCROW TRUST FUND
9 7% Term Bonds, N.P.
due 12/1/2012 (DID Bds)
16,325 12.5% Term Bds, a Covered by 8/15/93
due 12/1/2013 1 STRIP :27
H.P.
N.P.
1987 Additions to Escrow
Principal Interest
until maturity
r
145,512.50
A (, 158, 512.50v
204,512.50
223,512.50
243,512:
269,512.50
a - I
F9 - v 808,367
9,905,000 x
79.281x) +
3% premium
per
year)
19,125
22,050
29,925
33,637.50
37 ,500
42,537.50
48,300
53,750
61,600
68,750
L8381200
693,350
a. g
2,040,62;
a. 7
1985 Bonds ° o• Amount Heeded
a" on 8/15/93:
24,995,000 Tender Option Bds, 18/15/93 STRIP could
Lintere
urities 278,787.50 (Prior escrow) *.f=
Initial Remarketing/ have been used, if Covered 4,716,21S.50 (1987 additions)
Callable on 8!15/1993 Remarketing results PS Maturing 4, 95,000.00 '
in a shortfall. 8 /15 in [499,900. 00 2I emium- -1987 additions)
Uses of 8/15/93 STRIP When 1985 Bds are 25,494,900.00
STRIP 27,171 called on 8/15/93, en p c13Rateends, ,
P /2 003 6,985,000 using 1987 Bd pro- creates $62,487.50/yr
P/2013 16,325,000 ceeds to defease, surplus to be applied
P/94 -96 1,685,000 the STRIP will not to principal on
24,995,000' be needed for 85 Bds] 1983
Premium 499,900 f
25,49 9400 ($937,312.50
P/93 460,000 covered by STRIP) oZ• 5 °`
I /85 Bds 937
26,892,812.50 4 -3 C bx i a. sC-k
Excess: 278 tapply toward principal on 1965 Bonds)
Original Escrow
Principal Interest
1983 Bonds
11/15 Def lect
4 Serial Bo_ nds STRIPS Supp. Rate
a.
12 /1 /86 205,000 72,000 62,487.50(7 N.P.
87 225,000 17,000 2,487.50 N.P.
88 245,000 .24,000 2,487.50 N.P.
89 315,000 °46,000 2,487.50 H.P.
90 345,000 59,000 62 H.P.
91 375,000 69,000 2,487.50 N.P.
92 415,000 83,000 br H.P.
93 460,000 f Covered by 8/15/93 H.P.
STRIP 27,1 11
94 500,000 N.P.
95 560 f H.P.
96 625,000 N.P.
a Cb)
6,985 12% Term Bds,a Covered by 8/15/93
due 12/1/2003 STRIP $27,171,000 H.P.
9 7% Term Bonds, N.P.
due 12/1/2012 (DID Bds)
16,325 12.5% Term Bds, a Covered by 8/15/93
due 12/1/2013 1 STRIP :27
H.P.
N.P.
1987 Additions to Escrow
Principal Interest
until maturity
r
145,512.50
A (, 158, 512.50v
204,512.50
223,512.50
243,512:
269,512.50
a - I
F9 - v 808,367
9,905,000 x
79.281x) +
3% premium
per
year)
19,125
22,050
29,925
33,637.50
37 ,500
42,537.50
48,300
53,750
61,600
68,750
L8381200
693,350
a. g
2,040,62;
a. 7
1985 Bonds ° o• Amount Heeded
a" on 8/15/93:
24,995,000 Tender Option Bds, 18/15/93 STRIP could
Lintere
urities 278,787.50 (Prior escrow) *.f=
Initial Remarketing/ have been used, if Covered 4,716,21S.50 (1987 additions)
Callable on 8!15/1993 Remarketing results PS Maturing 4, 95,000.00 '
in a shortfall. 8 /15 in [499,900. 00 2I emium- -1987 additions)
Uses of 8/15/93 STRIP When 1985 Bds are 25,494,900.00
STRIP 27,171 called on 8/15/93, en p c13Rateends, ,
P /2 003 6,985,000 using 1987 Bd pro- creates $62,487.50/yr
P/2013 16,325,000 ceeds to defease, surplus to be applied
P/94 -96 1,685,000 the STRIP will not to principal on
24,995,000' be needed for 85 Bds] 1983
Premium 499,900 f
25,49 94 00 ($937,312.50
P/93 460,000 covered by STRIP) oZ• 5 °`
I /85 Bds 937
26,892,812.50 4 -3 C bx i a. sC-k
Excess: 278 tapply toward principal on 1965 Bonds)
CERTIFICATE
I. Lucille Aurelius, the duly appointed/elected, qualified
and actin g YCit Clerk of the City of Maplewood, Minnesota,
9
I
t
do hereby certify that the attached Resolution was duly adopted
at the regular meeting of the City Council of the City of
Maplewood, held on , 1987, and is a true
and correct copy of the Resolution adopted at said meeting
and on file and of record in the official Minutes of said City
Council.
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of said City of Maplewood, Minnesota this day of
1987 .
Lucille J. Aurelius
SEAL]
RESOLUTION NO. 87-
RESOLUTION AUTHORIZING EXECUTION OF DOC S
IN CONNECTION WITH HEALTHEAST HEALTHCARE
FINANCING PROPOSAL.
WHEREAS, pursuant to an Indenture of Trust dated December
1 1983 (the 111983 Indenture "), between the City of Maplewood,
Minnesota (the "City ") and First Trust Company, Inc., as Trustee,
the City issued $37,485,000 aggregate principal amount of its
Hospital Revenue Bonds (Health Resources Hospital Corporation),
Series 1983 (the "1983 Bonds") for the benefit of Health
Resources Hospital Corporation (the "Corporation "); and
WHEREAS, pursuant to an Indenture of
1, 1985 (the "1985 Indenture "), between the
the City issued $24,995,000 aggregate pri
Tender option Hospital Refunding Bonds,
Resources Hospital Corporation Project)
for the benefit of the Corporation; and
Trust dated December
City and the Trustee,
ncipal amount of its
Series 1985 (Health
the "1985 Bonds ")
WHEREAS, on August 10, 1987, by Resolution No. 87 -,
the City Council of the City approved a proposal from HealthEast
that the Housing and Redevelopment Authority of the City of
Saint Paul, Minnesota (the "HRA ") issue tax exempt bonds (the
HealthEast Bonds "), the proceeds of which would be used (i)
to finance the acquisition or construction of (or reimburse
HealthEast or an affiliate for payments made by it. or any
affiliate to acquire or construct) health care facilities
including improvements to buildings and equipment and other
movable personal property to be acquired by HealthEast or an
affiliate and located at, or used in connection with existing
facilities maintained and operated by HealthEast or an affiliate
in the City of Saint Paul, Minnesota or the City of Maplewood,
Minnesota; (ii) to refund the outstanding bonds issued by the
HRA, the Port Authority of the City of Saint Paul or the City
of Maplewood, including the 1983 Bonds and the 1985 Bonds;
and (iii) to fund a reserve and pay certain costs of issuance
of the bonds, including the discount; and
WHEREAS, section 7- 1(1)(B)(ii) of the 1983 Indenture and
section 8.02 of the 1985 Indenture did not contemplate or provide
that securities might be held in a common escrow trust fund
for the benefit of the 1983 Bonds and the 1985 Bonds; and
WHEREAS, the City and the Corporation desire that the
Trustee act as escrow agent with respect to both the 1983 Bonds
and the 1985 Bonds, in addition to its capacities as trustee
of the 1983 Bonds and 1985 Bonds, and that in such capacities,
the Trustee hold various securities in trust for the benefit
of the holders of the 1983 Bonds and 1985 Bonds; and
WHEREAS, there have been presented to the City Council
forms of a First Supplemental Bond Indenture. with= respect to:
the 1983 Bonds, First Supplemental Bond Indenture with respect
to the 1985 Bonds, and form of Amended and Restated Escrow
rust Fund Agreement thereinafter collectively referred to
as the "Documents "), which have been reviewed by City staff;
and
WHEREAS, the City and the Corporation desire to amend
the 1983 Indenture and the 1985 Indenture to provide that the
Trustee may hold such securities, on the terms and conditions
specified in the Documents, and further desire to authorize
execution of all documents on behalf of the City as may be
necessary to accomplish the refunding contemplated by the City's
previous resolution No. 87 - of August 14, 19870
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Maplewood, Minnesota, as follows:
The Mayor and City Clerk are authorized to execute
the First Supplemental Bond Indenture with respect
to the 1983 Bonds, First Supplemental Bond Indenture
with respect to the 1985 Bonds, and Amended and
Restated Escrow Trust Fund Agreement, in substantially
the forms submitted to the City Council, and to execute
such other documents as may be necessary and
appropriate, with such modifications thereof, deletions
therefrom, and additions thereto as may be necessary
and appropriate and approved by bond counsel and
the City Attorney as counsel to the City.
2
AGENDA NUMBER„-
AGENDA REPORT
Acti'on by Council:
Endorsed
TO: Cit Mana
FROM: Assistant Cit En Re* ecte
SUBJECT: Cit Project 87-41, Brooks Court Water Main Recon;
DATE: November 4, 1987
INTRODUCTION
The existin water main extendin from, Brooks Court is improperl
located on private propert and was improperl constructed. This
situation has si public health, safet and le
implications. The purpose of this item is to initiate action to
correct this situation..
BACKGROUND
The existin 12-inch diameter water main extendin southeast from the
Brooks Court cul-de-sac near the boundar between Lots 17 and 18,
Block 4, Cars Meadows First Addition is not located within an
easement ' , The water main was constructed under Cit Project 81-13,
which was desi b Probe En Compan Inc. Althou a
utilit easement was shown on the approved construction plans, the
easement was not incorporated into the final plat. This omission,
coupled with the fact that the water main was not installed at the
location and depth shown on the approved plans, has resulted in the
approximate separation of four feet from the water main to the
foundation of the house located at 984 Brooks Court. The water main
was laid with excessive cover such that it cannot be effectivelmaintained.
A review of the situation and available alternatives was initiated
after a St. Paul Water Utilit representative noted a discrepanc in a
valve location. Subse investi confirmed that the water
main was on private propert without an easement and that the main was
installed too deep.
ALTERNATIVES
1.0 Do nothin
2. Ac an easement coverin the existin installation and rela
water main at appropriate depth and horizontal clearances.
3. Ac a new easement and construct" a new water main to replace
the existin water main, which would be capped and abandoned in place.
DISCUSSION
le Do nothin would result in the continuance of a situation
with ver si unacceptable le and en conse
Since the water main is trespassin on private propert the owner is
entitled to take action to remove it. I f this trunk line were removed
and not replaced, it would very seriously affect the distribution of
potable water in this area. The loss of this trunk water main might
result in inadequate fireflow capacity or interruption of service to
the area if the other trunk located on County Road C were to be shut
down.
Furthermore, the excessive depth of the water main, which is contrary
to the St. Paul Water Utility Standards for Installation of water
Mains would prevent timely maintenance of the water main if required.
These factors result in a water main which cannot be considered to
reliably function to provide water as required for public health and
safety needs.
The fact that the 12 -inch water main is within four
foundation at 984 Brooks could result in erosion of
material under the foundation f oot i ng s or other dam
structure in the event of a break in this vicinity.
potential liability resulting from the proximity of
the house,
feet of the house
supporting
age to the
There is large
the water main to
2. The acquisition of an easement covering the existing alignment
would not in itself correct the situation. The water main would need
to be constructed , to proper depth and horizontal clearances. It would
be technically difficult, with associated costs, to remove and relay
the existing water main pipe due to its proximity to the house
foundation and a retaining wall on the adjacent lot. This is not a
viable option.
3. A new easement has been acquired between Lots 16 and 17 of Block
4 that will provide acceptable horizontal clearances. A replacement
water main on this new alignment that meets all technical requirements
has been designed by public works department staff. The new water
main is 367 feet in length. The existing water main would be drained,
capped and abandoned in place. I t will be necessary to shut down the
water service to the residents of Brooks Court for approximately four
hours during the connection of the replacement water main to the
existing water main within Brooks Court. Proper notification would be
given to affected residents.
RECOMMENDATION
It is recommended that a replacement water main be constructed on the
new easement to supercede the existing water main. Due to the
extremely serious consequences to public health and safety, as well as
liability for property damage, it is recommended that the replacement
be constructed as soon as possible.
If the project is bid under normal competitive bidding procedures,
then construction would begin after the onset of winter. This might
result in unsatisfactory working conditions for proper installation of
the new main. Additional inconvenience for adjacent property owners
might be entailed if construction extended into winter.
Due to the pressin le and en concerns that have been
discussed, it is thou that dela this project until sprin is
unacceptable. Therefore, it is recommended that the cit council
declare that this situation is an emer and authorize the award of
contract fo construction of the replacement water main on the basis
of quotes from solicited qualified contractors.
BUDGET IMPACT
Quotes were solicited from Frattalone Excavatin Ro-So and Orfei
Contractin Inc. for this project. Quotes of $29,876.75 and $37,599
were received from Frattalone Excavatin and Ro-So, respectivel
Char from St. Paul Water Utilit for reconnection of existin water
service at 984 Brooks Court and engineerin services are
estimated at $800. Additional costs are for en and permit
fees.
Due to the fact that this project is necessar due to omissions in
recordin an easement and errors in the construction la it is
appropriate to seek to recover the costs of this project throu le
action from the responsible parties. Financin from Fund 03, h
char is recommended. Costs that are recovered throu le action
should be reimbursed to the h fund,
ACTION REQUIRED
It is recommended that the cit council pass the attached resolution
which authorizes transfer of funds from the h fund and award of
the construction contract under emer procedures. The resolution
also directs the cit attorne to take steps to recover the project
costs from the en of Cit Project 81-13,
3c
RESOLUTION
DECLARATION OF EMEGENCY NECESSARY
TO RECONSTRUCT BROOKS COURT WATER MAIN
WHEREAS, the existin public trunk water main extendin southeast
from Brooks Court is located upon private propert without an easement
and is improperl constructed so as to preclude proper maintenance.
WHEREAS, the use of said trunk water main, which is essential for
the public health and safet is compromised b this situation.
WHEREAS, said water main poses a threat to private propert due
to its close proximit
WHEREAS, to expedite the correction of this situation, the
department of public works has obtained a new easement on a different
ali has prepared plans and specifications for a replacement
trunk water main, and has received quotes for construction of the
replacement water main. A low quote of $29,876.75 was received from
Frattalone Excavatin
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
The department of public works is authorized to award the
contract for construction of 367 lineal feet of new water main and
appurtenan described as Cit Project 87-41, Brooks Court Water
Main Reconstruction, to Frattalone Excavatin under a declared
emer necessar to protect public health and safet and limit the
cit liabilit for propert dama Cit Project 87-41 is to be
funded b a transfer of funds from the hydrant char fund. The cit
attorne is directed to pursue the recover of costs for Cit Project
87-41 from responsible parties of the ori improper water main
construction under Cit Project 81-13,
AGENDA ITEM 1-4
4
MEMORANDUM
uA-cion b Councils,
Endorse
Modif iedTOOCitMana
FROM: Cit En Re ected.....
SUBJECT: Ramp 1-694 and Count Road D Date.....
DATE: November 5, 1987
Several years a the question of a ramp off 1-694 eastbound to Count
Road D at Southlawn was discussed. At that time the Tousle Addition
plat north of Count Road D was bein reviewed. Ri for the
ramp was needed from this plat. After len discussions with
landowners, MnDOT, consultants and staff, the plat was approved with
no ri for the ramp.
Development has occurred since plat approval. The location of the
ramp would be extremel expensive to purchase at this time. In
addition, the cit would likel be re to finance the
construction of the ramp.
Given the lar cost involved it is recommended no further action be
taken on this subject,
jc
AGENDA ITEM 1-5
MEMORANDUM Action b Council
Endorsed
TO: Cit Manager 141 o d in f i eFROM: Cit Engineer
R j tSUBJECT: Hillcrest Sanitar Sewer, Project 86-22
Chan Orders One and Two Date
DATE: November 5, 1987
Chan Order One is attached for reference. The net chan of the
items is a savin of .$32,620.
Chan Order Two is a net chan increasin the cost $16,,194,54. The
extra work is due to bad soils and water encountered on McKni Road
between Mar and Iv
Approval of Chan Orders One and Two is recommended,
CHANGE ORDER
ENGINEERS IF ARCHITECTS PLANNERS
222 EAST LITTLE CANADA ROAD, ST. PAUL, MINNESOTA 55117. 612 484-0272
OWNED City of Maplewood DATE 8-29-87
OWNERS PROJECT NO. 86-22 CHANGE ORDER NO. 1
PROJECT DESCRIPTION Hillcrest Trunk Sanitary Sewer SEH FILE NO. 871.13.
The following changes shall be made to the contract documents
Description: See Attached
Purpose of Change Order.
Basis of Cost: a Actual xx Estimated
Attachments (list supporting documents)
Con tra ct Sta tus
Original Contract
Net Change Prior C.O.'s to
Change this C.O.
Revised Contract
Time Cost
757,886
No Change
No Change 32,640)
Recommended for Approval: Short - Elliott- Hendrickson, Inc
Acireed to by Contractor: Hpprovea for owner:
Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1
SHORT ELLIOTT ST. PAUL, CHIPPEWA FALLS,
HENDRICKSON INC. MINNESOTA WISCONSIN
J
i
i
i
j
j
i
i
ii
ATTACHMENT
CHANGE ORDER NO, 1
CITY OF MAPLEWOOD
HILLCREST TRUNK SANITARY SEWER
PROJECT 86 -22
SEH:FILE NO: 87113
1. Delete Special Structure No. 1
20 Construct sanitary sewer & watermain
between MH #1.& MH #13 at new location
as shown on revised plan sheets
dated 8 -25 -87
3 Abandon Manhole
e
a. Bulkhead all lines in manhole.
b. Remove & dispose all concrete in
top 3 ft. of manhole,,
c. Fill manhole with granular borrow
material.
3 @ $400 /each =
4. Delete 95' of jacked pipe @ $200 /LF =
50 Add for cost of bond railroad insurance
and project representatives office
trailer. (The contractor included the
cost of these items in his bid for
Special Structure No. 1).
60 Add 15" RCP, CL V 10 -12' deep to
replace deleted structure No. 1.
34 L.F. @ $40 /L.F. _
70 Add 15" RCP, CL V 24 -26' deep to
replace deleted jacked pipe.
95 L.F..@ $40 /L.F. _
NET CHANGE IN CONTRACT
40, 000.00 )
sm
1,200.00
19,000.00)
20,000.00
1,360.00
3,800.00
32, 640.00)
CHANGE ORDER
ENGINEERS 9 ARCHITECTS PLANNERS
222 EAST LITTLE CANADA ROAD, ST PA-UL, MINNESOTA 55117 612 484-.0272
Cit of Maplewood 10-26-87OWNERDATE
OWNERS PROJECT No. 86-22 CHANCE ORDER NO. 2
PROJECT DESCRIPTION Hilicrest Trunk Sanitar Sewer SEH FILE NO. 87113
The followin chan shall be made to the contract documents
Description: See Attached
Purpos e of Chan Order.
A.: For materials. to. improve street sub condition on McKni Rd,.
between Sta. 0+00 and 14+00
B. Four da dela due to NSP work on Mar Ave
Basis of cost: Actual 2; Estimated
Attachments (list supportin documents)
Contract Status Time Cost
757,886,00
Ori Contract
Net Chan Prior C. 0 s to 1 No Chan (32,640*00)
Chan this C. 0. + 4 da 16 ,19 4 a 5 4
Revised Contract All the sanitar sewer, Nov. 5, 198-7 741,440954
Ovate & appurtenances & complete restoration xcept bituminous surfa
i' h Rd & turf replacement) of all surf e between Manhole No. 1 and
on McKnightt i 5ie,between
1987ManholeNo20shallbesubstantial) y complete efore
Recommended for Approval: Short-Elliott-HendricWson, Inc. B A 1 AgA-4, "Olf-001%ow
16 tHr i s t 0 sen
Aareed to by Contractor. Approved for Owner.
1A
92
Distribution Contractor 2 Owner I Pro Representative I SEH Office 1
SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS,
HENDRICKSON INC. MINNESOTA WISCONSIN
ATTACHMENT
CHANGE ORDER NO, 2
CITY OF MAPLEWOOD
HILLCREST TRUNK SANITARY SEWER
PROJECT 86 -22
SEH.FILE NO: 87113
A. 1. Common Excavation (Truck haul)
1607 CY @ $2.90 /CY $4,661.48
2. Granular Borrow Loose Volume
1928 CY @ $4.50 /CY 8, 676.00
3e Fly . Ash
15 Ton @ $18.98 /Ton 2,857.06
B.O. Four day delay due to NSP gas on
Maryland Avenue 0
TOTAL $16 ,19 4. 5 4