HomeMy WebLinkAbout2003 09-08 City Council PacketAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, September 8, 2003
Council Chambers, Municipal Building
Meeting No. 03 -21
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF MINUTES
1. Minutes from the City CounciFManager Workshop August 25, 2003
2. Minutes from the City Council Meeting August 25, 2003
E. APPROVAL OF AGENDA
F. APPOINTMENTS /PRESENTATIONS
G. CONSENT AGENDA
All matters fisted under the Consent Agenda are considered to be routine by the City Council and
will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item
will be removed from the Consent Agenda and will be considered separately.
1. Approval of Claims
2. Purchase of Fuel Tank Monitoring System
3. St. Jerome Fall Festival — Temporary Beer and Wine and Temporary Food License
4. 622 Education Foundation - Temporary Gambling Resolution
5. Retailer Protection Association Agreement
6. Legacy Village Final Plat (County Road D and Kennard Street)
7. Woodlynn Ponds Final Plat (County Road D and Chisolm Court)
8. Dearborn Meadows East Final Plat (Castle Avenue and Castle Court)
9. Beaver Lake Townhomes Third Addition Final Plat (Lakewood Drive and Magnolia)
10. Conditional Use Permit Review — Sobriety High School (2055 White Bear Avenue)
11. Conditional Use Permit Review — Schlonika Over -sized Garage (1501 Henry Lane)
H. PUBLIC HEARINGS
7:15 p.m. Legacy Village (County Road D and Southlawn Drive) - Business Subsidy
Policy
Legacy Village — Property Tax Abatement
Legacy Village - Development Agreement
2. 8:15 p.m. Kennard Street Improvements, Project 03 -04: Continuation of Assessment
Hearing
PUBLIC HEARINGS (continued)
3. 8:30 p.m. County Road D Extension (Hazelwood to TH 61), City Project 02 -07
County Road D Reconstruction (Hazelwood to Southlawn), City Project 03-
08
a. Public Hearing
b. Resolution Authorizing Preparation of Plans and Specifications and
Acquisition of Right of Way
4. 8:45 p.m. Legacy Parkway Improvements (Kennard to Southlawn), City Project 03 -26:
Resolution Authorizing Preparation of Plans and Specifications and
Acquisition of Right of Way
I. AWARD OF BIDS
1. Kennard Street Improvements, Project 03 -04: Resolution for Award of Bids -To Be
Continued
2. Award of Contract for Phase I Development of Afton Heights Park
J. UNFINISHED BUSINESS
K. NEW BUSINESS
Atlantic Street Water Main, Project 03 -16: Resolution Approving Plans and Soliciting
Quotes
L. VISITOR PRESENTATIONS
M. COUNCIL PRESENTATIONS
N. ADMINISTRATIVE PRESENTATIONS
1. Special Meeting for the Purpose of Canvassing the Primary Election — September 10, 2003
at 4:45 at City Hall in the Maplewood Room
2. Annual Commission & City Volunteer Appreciation Picnic — September 10 at Battle Creek
Park from 5:30 p.m. to 8:30 p.m.
O. ADJOURNMENT
Sign languagc intcrprctcrs for hcaring impaircd persons arc availablc for public hcarings upon rcqucst. The rcgncst for this scrvicc
must be madc at lcast 96 hours in advancc. Plcasc call the City Clcrk's Otiicc at (651) 249.2001 to makc arrangcmcnts. Assistcd
Listcning Dcviccs arc also availablc. Plcasc chcck with the City Clcrk for availability.
RULES OF CIVILITYFOR OUR COMMUNITY
Following are some rules ofcivility the Citv of Maplewood expects ofevervone appearing at Council Meetings - elected officials, staff
and citizens. It is hoped that by following these simple rules, evervone's opinions can be heard and understood in a reasonable
manner. We appreciatethefactthatwhenappearingatCouncilmeetings, itisunderstoodthatevervonewillfollowtheseprinciples:
Show respectfor each other, actively listen to one another, keep emotions in check and use respectful language.
Agenda Item Dl
DRAFT -- MINUTES
CITY COUNCIL /MANAGER WORKSHOP
Monday, August 25, 2003
Council Chambers, City Hall
6:00 p.m.
A. CALL TO ORDER
B. ROLL CALL
C.
113
Robert Cardinal, Mayor
Kenneth V. Collins, Councilmember
Kathleen Juenemann, Councilmember
Marvin C. Koppen, Councilmember
Julie A. Wasiluk, Councilmember
Others Present:
City Manager Fursman
Assistant City Manager Coleman
City Clerk Guilfoile
APPROVAL OF AGENDA
Present
Present
Present
Present
Absent
Councilmember Koppen moved to Mprove the agenda as presented
Seconded by Councilmember Collins Ayes -All
NEW BUSINESS
SCTV - Presentation
Tim Finnerty, Executive Director of SCTV, and staff were present to update the council on the
latest developments on Community Access Television and services SCTV provide.
2. Gladstone Neighborhood Plan — Del Benjamin
Rescheduled until the September 22, 2003 Council/Manager Workshop.
E.
FUTURE TOPICS
Sidewalk Study- Overall City Plan- October 13, 2003
2. Meeting with School District 623- August /September
City Conncil/Managcr Workshop 08 -25 -03
F. ADJOURNMENT
Councihnember Koppen moved to adjoum at 7:51 p.m.
Seconded by Councilmember Juenemann Ayes -All
City Conncil/Managcr Workshop 08 -25 -03
Agenda Item D2
DRAFT -- MINUTES
MAPLEWOOD CITY COUNCIL
7:01 P.M., Monday, August 25, 2003
Council Chambers, Municipal Building
Meeting No. 03 -18
I0
C.
113
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:01 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kenneth V. Collins, Councihnember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councihnember Present
APPROVAL OF MINUTES
Minutes from the City CounciUManager Workshop, August 11, 2003
E.
Councihnember Juenemann moved to approve the CounciUManager Workshop Minutes of
August 11, 2003 as amended.
Seconded by Councihnember Wasiluk Ayes -Mayor Cardinal, Councilmembers
Wasiluk, Juenemann, and Collins
Abstain- Councihnember Koppen
2. Minutes from the City Council Meeting, August 11, 2003
Councihnember Juenemann moved to approve the City Council Meeting Minutes of August 11,
2003 as amended.
Seconded by Councihnember Wasiluk
Ayes -Mayor Cardinal, Councilmembers
Wasiluk, Juenemann, and Collins
Abstain- Councihnember Koppen
APPROVAL OF AGENDA
Ml. Letter received form Ramsey County IT Department
N1. Special Legal Matter Closed Session
Councihnember Collins moved to approve the agenda as amended.
Seconded by Councihnember Juenemann Ayes -All
City Council Mccting 08 -25 -03
F. APPOINTMENTS /PRESENTATIONS
None
G. CONSENT AGENDA
Approval of Claims
ACCOUNTS
PAYABLE
$641,154.20 Checks #61533 thru #61589 dated 8/12/03
thru
$1,417,626.80 Disbursements via debits to checking account
dated 8/1 thru 8/7/03
$56.94 Checks #61590 thru # dated 8/13/03 thru
$325,199.25 Checks #61591 thru #61652 dated 8/19/03
$135,942.00 Disbursements via debits to checking account
dated 8/8 thru 8/14/03
$2,519,979.19 Total Accounts Payable
PAYROLL
$434,386.06 Payroll Checks and Direct Deposits dated
8/15/03
$4,327.00 Payroll Deduction checks #94615 thru #94619
dated 8/15/03
$438,713.06 Total Payroll
$2,958,692.25 GRAND TOTAL
2. Holy Redeemer Church — Temporary Gambling Resolution
Adopted the following resolution approving the temporary gambling resolution for Holy
Redeemer parish to be used on November 2, 2003:
RESOLUTION 03 -08 -158
RESOLUTION APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for the Holy Redeemer Parish, 2555 Hazelwood
Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §349.213.
City Council Mccting 08 -25 -03
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division
of the Minnesota Department of Gaming approve said permit as being in compliance with Minnesota
Statute §349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution by the City Council of
Maplewood, Minnesota be forwarded to the Gambling Control Division for their approval.
3. White Bear Avenue Business Association — Annual Lawful Gambling — The Bird
Nightclub
Adopted the following resolution approving the annual lawful gambling license for The
Bird Night Club at 3035 White Bear Avenue:
RESOLUTION 03 -08 -159
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises
permit for lawful gambling is approved for the White Bear Avenue Business Association, to operate at
the same at The Bird Night Club, 3035 White Bear Avenue, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division
of the Minnesota Department of Gaming approve said permit application as being in compliance with
Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood,
Minnesota, be forwarded to the Gambling Control Division for their approval.
4. Nature Center Donation
Accepted the $30.00 donation for the Maplewood Nature Center and Neighborhood
Preserves.
5. Maplewood Drive/Keller Parkway Improvements, Project 03 -02: Resolution Directing
Modification of the Existing Construction Contract, Change Order No. 1
Adopted the following resolution directing the Modification of the Existing Construction
Contract for the Maplewood Drive /Keller Parkway Resurfacing, City Project 03 -02:
RESOLUTION 03 -08 -160
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 03 -02, Maplewood Drive /Keller Parkway Resurfacing, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 03 -02, Change Order No. 1.
City Council Mccting 08 -25 -03
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city cleric are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 1 in the amount of $10,339.76. The revised contract
amount is $112,704.40.
No revisions to the project budget are required at this time, as these changes fall within the
original project budget.
6. Kennard/Frost Area Street Improvements, Project 02 -10: Resolution Directing
Modification of the Existing Construction Contract, Change Order No. 3
Adopted the following resolution directing the Modification of the Existing Construction
Contract for the Kennard/Frost Area Street Improvement Project, City Project 02 -10:
RESOLUTION 03 -08 -161
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 02 -10, Kennard/Frost Area Street Improvements and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 02 -10, Change Order No. 3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city cleric are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 3 in the amount of $16,082.99. The revised contract
amount is $2,236,610.57
No revisions to the project budget are required at this time, as these changes fall within the
original project budget.
Employee Insurance Contracts
Adopted the changes to the Insurance Providers to be effective October 1, 2003.
8. Annual Maplewood Historical Society Payment
Approved the annual $2000.00 payment to the Maplewood Historical Society.
9. Closure of Dispatching Center Project Fund
Approved a transfer of $45,003.01 to the debt service fund for the equipment certificates
and authorized the appropriate budget changes to close the Dispatching Center Project
fund.
Councilmember Juenemann moved to approve the consent agenda items 1, 2 and 4 -9 as presented.
Seconded by Councilmember Wasiluk Ayes -All
City Council Mccting 08 -25 -03
Councilmember Juenemann moved to approve the consent agenda item 3 as presented.
Seconded by Councilmember Wasiluk Ayes -Mayor Cardinal,
Councilmembers Wasiluk,
Juenemann, and Collins
Abstain- Councilmember Koppen
H. PUBLIC HEARINGS
7:09 p.m. Kennard Street (Beam to County Road D), Project 03 -04: Continuation
of Assessment Hearing
a. City Manager Fursman presented the staff report.
b. City Engineer Cavett presented specifics from the report.
C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
d. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the following resolution to continue the Assessment
Hearing for the Kennard Street Improvements (Beam to County Road D), City ject 03 -04, to
8:15 p.m. on September 8, 2003:
RESOLUTION 03 -08 -162
CONTINUING ASSESSMENT HEARING
WHEREAS, a resolution of the city council adopted the 14th day of July 2003, fixed a date for an
assessment hearing on the proposed street improvements for Kennard Street (Beam to County Road D),
City Project 03 -04;
AND WHEREAS, fourteen days mailed notice and two weeks published notice of the hearing
was given, and the hearing was duly scheduled to be held on August 25, 2003,
AND WHEREAS, the city engineer has reported that the project assessments are not ready to be
heard by the city council,
AND WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an
assessment roll for the Kennard Street Improvements (County Road D to Beam Ave.), City Project 03-
04, and the said assessment is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The Assessment Hearing shall be continued to the 8th day of September 2003, at the city
hall at 8:15 p. m. to pass upon such proposed assessment and at such time and place all persons owning
City Council Mccting 08 -25 -03
property affected by such improvement will be given an opportunity to be heard with reference to such
assessment.
Seconded by Councilmember Koppen
I. AWARD OF BIDS
Ayes -All
Hazelwood Street Improvements (County Road C to Beam Avenue), Project 01 -16:
Resolution Approving Award of Bids
a. City Manager Fursman presented the staff report.
b. City Engineer Cavett presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution awarding the bid for
Hazelwood Street Improvements to Park Construction Company in the amount of $672,408.95:
RESOLUTION 03 -08 -163
RECEIVING BIDS AND
AWARDING CONSTRUCTION CONTRACT
WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, plans and
specifications for the Hazelwood Street Improvements, Project 01 -16, have been approved, and
WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, bids were
received and publicly opened and read aloud on August 20, 2003, as follows:
1. Park Construction Company
$672,408.95
2. Forest Lake Contracting
$673,521.00
3. F.M. Frattalone Excavating & Grading
$735,000.00
4. Thomas and Sons, Inc.
$843,352.85
5. Palda and Sons, Inc..
$884,897.60
6. Jay Bros., Inc.
$1,095,206.45
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
Said bids as opened on August 20, 2003 are hereby received and acknowledged.
2. A construction contract in the amount of $672,408.95 is hereby awarded to the lowest
responsible bidder, Park Construction Company, and the mayor and city manager are hereby authorized
to execute said construction contract.
3. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan.
Seconded by Councilmember Juenemann Ayes -All
2. 7:17 p.m. Hmong American Alliance Church (2515 Maplewood Drive)
a. Comprehensive Plan Amendment (M -1 to C (church)) (4 votes)
b. Conditional Use Permit
City Council Mccting 08 -25 -03
c. Design Approval
a. City Manager Fursman presented the staff report.
b. Associate Planner Finwall presented specifics from the report.
C. Commissioner Desai presented the Planning Commission Report.
d. Boardmember Shankar presented the Community Design Review Board Report.
e. The following persons were heard:
J. Kou Vang, representing the Hmong American Alliance Church
Brian Houwman, architect for the project
Robert Dew, Dew Corporation, construction consultant for the project
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Todd Muellner, 2515 Maplewood Drive, property owner
Mike Trenda, 2474 Adele Street, Maplewood
Mike Smith, 2487 Cypress, Maplewood
J. Kou Vang, second appearance
Councilmember Wasiluk asked to have placed on the public record that she totally disagrees and
does not think it right that Mayor Cardinal should abstain from voting on this project due to his
residence being located within 150 feet from the property.
g. Mayor Cardinal closed the public hearing.
Councilmember Collins moved to deny the resolution approving the comprehensive land use map
amendment for The Hmong American Alliance Church at 2515 Maplewood Drive North.
Seconded by Councilmember Koppen Ayes- Councilmember Koppen
Nays- Councilmembers Collins, Wasiluk and
Juenemann
Abstain -Mayor Cardinal
Councilmember Collins moved to extend this item until the September 22nd meeting and in the
interim staff and Mr. Vang can discuss whether this project should move forward.
Seconded by Councilmember Wasiluk
Ayes- Councilmembers Collins, Wasiluk and
Juenemann
Nays- Councilmember Koppen
Abstain -Mayor Cardinal
A five- minute break was taken
3. 8:41 p.m. Atlantic Street Water Main Improvement, Project 03 -16
City Council Mccting 08 -25 -03
a. City Manager Fursman presented the staff report.
b. City Engineer Cavett presented specifics from the report.
C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
d. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the following resolution ordering the improvement of
the Atlantic Street Water Main, Project 03 -16:
RESOLUTION 03 -08 -164
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 11th day of August, 2003, fixed a date
for a council hearing on the proposed street improvements for the Atlantic Street Water Main, City
Project 03 -16,
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on August 25, 2003, and the council has heard all persons desiring
to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the
City of Maplewood make improvements to Atlantic Street, City Project 03 -16.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the
25th day of August 2003.
3. The city engineer is designated engineer for this improvement and is hereby directed to
prepare final plans and specifications for the malting of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $59,450 shall be established. The
proposed financing plans is as follows:
Assessments $59,450
City General Tax Levy
Total $59,450
Seconded by Councilmember Koppen
Ayes -All
4. 7:45 p.m. Legacy Village - Announce Hearing Re- scheduled to September 8, 2003
a. City Manager Fursman presented the staff report.
City Council Mccting 08 -25 -03
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Koppen moved to reschedule the Public Hearing for Legacy Village on
September 8, 2003:
Seconded by Councilmember Wasiluk Ayes -Mayor Cardinal,
Councilmembers Collins, Koppen and
Juenemann
Councilmember Wasiluk was away from the dias when the vote was called.
J. UNFINISHED BUSINESS
Environmental Utility Fund —
a. Ordinance — 2 °a Reading
b. Resolution Establishing Fee and BMP Credit Administration
a. City Manager Fursman presented the staff report.
b. City Engineer Cavett presented specifics from the report.
C. Andrew Lambertson, consultant for the city
Councilmember Collins moved to approve the second reading of the following ordinance 839
establishing the tifity Fee:
ORDINANCE NO. 839
AN ORDINANCE ESTABLISHING THE CITY'S STORM WATER
SYSTEM AS A PUBLIC ENVIRONMENTAL UTILITY
Section 1. Findings and purposes.
The purpose of this ordinance is for the efficient, economic and safe operation of the storm water system for
the protection of the health, safety and general welfare of the public within the City.
Section 2. Establishment.
The City's storm water system shall be operated as a public utility (hereinafter called the "Environmental
Utility "), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the
provisions of this Section and State law. The Environmental Utility will be part of the Public Works Department and
under the administration of the Public Works Director.
Section 3. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning.
Utility Factor means the ratio of runoff volume, in inches, for a particular land use to the runoff volume, in
inches, for an average single - family residential, assuming a 2 -inch rainfall and Natural Resources Conservation
Services ( "NRCS ") "Type B" soil conditions.
Environmental Utility Fee means the annual charge developed for each parcel of land.
City Council Mccting 08 -25 -03
Monthly Environmental Utility Revenue means the estimated monthly expenditures by the city for planning
and inventories, capital expenditures, personnel and equipment and operation of the environmental utility, in
accordance with established city policy.
Section 4. Environmental Utility Factors.
Subd. 1. The Environmental Utility Fee shall be determined by first determining the percentage of total runoff
in the city which is attributed to Single Family Residential Property. The fee per acre for Single Family Residential is
computed by computing the product of the runoff percentage and the Monthly Environmental Utility Revenue, divided
by the estimated total acres of Single Family Residential land use in the city. The per acre fee for all other individual
parcels shall be defined as the product of the Single Family Residential per acre fee, the appropriate utility factor and
the total acreage of the parcel. Single Family Residential parcels shall be assessed on a per household basis.
Subd. 2. The utility factors for various land uses are as follows:
Classification
Land Use
Utility Factor
I
Residential
1.00
2
Multi - Family
2.72
3
Apartments /Condominiums, Townhouses
2.72
4
Commercial
4.23
5
Industrial
3.30
6
Public /Quasi Public
3.30
7
Parks /Open Space /Cemeteries
Exempt
8
Road Right -of -Way
Exempt
9
Lake /Streams /Wetlands
Exempt
10
Vacant
Exempt
Section 5. Credits.
The Council may adopt policies, by resolution, for adjustment of the Environmental Utility Fees for parcels
based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response
substantially different from the standards. Such adjustments of Fees shall not be retroactive. Credits will be reviewed
regularly by a city staff committee with a recommendation to the Council for final action.
Section 6. Exemptions.
The following land uses are exempt from the Environmental Utility Fee:
(a)
Public Right -of -Way
(b)
Lakes
(c)
Wetlands
(d)
City Property
Section 7. Payment of Fee.
Environmental Utility Fees shall be invoiced every month with water and sanitary sewer bills. The fee shall be
City Council Mccting 08 -25 -03 10
due and payable the same terms as water and sanitary sewer utility bills. Any prepayment or overpayment of charges
shall be retained by the city and applied against subsequent fees.
Section 8. Appeal of Fee.
If a property owner or person responsible for paying the Environmental Utility Fee believes
that a particular assigned fee is incorrect, such a person may request that the fee be recomputed.
Section 9. Penalty for Late Payment.
Each billing for Environmental Utility Fees not paid when due shall incur a penalty charge of ten (10) percent
of the amount past due.
Section 10. Certification of Past Due Fees on Taxes.
If any three (3) consecutive Environmental Utility Fees have not been paid when due, then a penalty as set
forth on Section 9 of this ordinance shall be added to the amount due. Any such past due fees may then be certified to
the County Auditor for collection with real estate taxes on the following year pursuant to Minnesota Statutes Section
444.075, Subdivision 3. In addition, the city shall also have the right to bring a civil action or to take other legal
remedies to collect unpaid fees.
Section 11. Severability
Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court
of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or any part thereof,
other than the part held to be invalid.
Section 12. Effective Date.
Seconded by Councilmember Juenemann Ayes -All
Councihnember Collins moved to approve the resolution establishing the fee and BMP credits:
RESOLUTION 03 -08 -165
ENVIRONMENTAL UTILITY FUND
POLICY STATEMENTS
WHEREAS, On August 25, 2003, the Maplewood City Council approved the second reading of
an ordinance which creates an Environmental Utility Fund for the purpose of surface water management
consistent with M.S. 444.075 Subd. 1 and 3, and
WHEREAS, All properties within the City of Maplewood shall contribute to the Environmental
Utility in an amount proportional to the runoff contributed by each particular parcel, and,
WHEREAS, all streets and highway rights of way, lakes, wetlands and parklands shall be exempt
from all Environmental Utility Fund charges, and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
City Council Mccting 08 -25 -03 11
MAPLEWOOD, that the following shall be the guiding policies and principles for the operation of the
Environmental Utility Fund:
Land Use — Land use for determining utility fees shall be the existing land use at the date of
enactment of the Environmental Utility Ordinance. As land develops or redevelops, the fees will
be recomputed based on the revised land use.
2. Soils — Natural Resources Conservation Services (NRCS) — Type B soils shall be assumed for
determining the runoff index (CN) in the revenue equation. Rainfall (P) — A 2 -inch rainfall shall
be used in the revenue equation. Runoff indices (CN) — The runoff indices for the property
classifications are as follows:
Classification
Land Use
Runoff Index (CN)
1
Residential
72
2
Multi - Family
85
3
Apartments /Condominiums, Townhouses
85
4
Commercial
92
5
Industrial
88
6
Public /Quasi Public
88
7
Parks /Open Space/Cemeteries
Exempt
8
Road Right -of -Way
Exempt
9
Lake /Streams/Wetlands
Exempt
10
Vacant
Exempt
Revenue Equation — The revenue equation for computing the runoff volume (Q) shall be based on
the runoff equation in the Soil Conservation Service (SCS) National Engineering Handbook
Section 4 — Hydrology. The equation is as follows:
Q — (P -0.2S) x (P -0.2S) where S — (1000 /CN) — 10
P + 0.85 and P — 2 inches
4. Credits
a. The Public Works Director shall administer a system of credits as defined below. It shall
be the responsibility of the property owner to provide justification for the fee adjustment.
i. Storm Water Retention —If it can be demonstrated that an individual parcel retains
all or a portion of the rainfall that it receives, the environmental utility fee shall be
reduced by a percentage equal to that percent of the parcel which produces no
external runoff. A fee reduction of 20 percent or greater must be demonstrated if
the credit is to be applied.
ii. Low Income — A portion of the utility fee may be waived for any property owner
with income that is demonstrated to be below the Ramsey County general
assistance level. This credit shall not exceed 50 percent of the total fee.
iii. Property Under - utilization — If it can be demonstrated that a parcel's existing land
use is developed to a lower density than assumed in the fee determination, and that
no downstream improvements have been constructed based on potential
development of the parcel, a proportional reduction of the fee shall be
administered.
City Council Mccting 08 -25 -03 12
iv. Water quality factor — If it can be demonstrated that the parcel has facilities
constructed specifically for the purpose of water quality enhancement, a credit will
be considered. The credit should be based on the removal efficiency of the facility.
The property owner should provide the calculations demonstrating the
phosphorus removal efficiency of the facility. The credit will be equal to 60
percent of the phosphorus reduction percentage. A fee reduction of 20 percent or
greater must be demonstrated if the credit is to be applied.
b. Credits must be applied for by December 15` of the year preceding the year in which the
credit is to be considered.
c. A property owner may appeal to the City Council regarding a determination of the credit
once per calendar year.
d. The Public Works Director shall establish and utilize a credit application form for
consideration of fee reduction. It is the responsibility of the property owner to apply for
the credit.
5. Adjustment of Fees
a. Revision of Environmental Revenue —The estimated expenditures for the management of
the environmental utility shall be revised at a frequency as determined and reviewed
annually by the City Manager and reported to the City Council.
b. Fees shall be adjusted according to established Maplewood procedures for the adjustment
of utility rates.
c. The fee for 2003 and 2004 is set at $1.75 per residential unit.
6. Change in Developed Condition of Parcel
a. In the case of residential property, the revised utility rate will take effect immediately
following occupancy of the dwelling.
b. In the case of other development, the revised utility rate will be applied as soon as
drainage /water quality features are developed.
Seconded by Councilmember Koppen Ayes -All
2. Consider Sewer Backup Claim at 1880 Maryknoll Avenue
a. City Manager Fursman presented the staff report.
b. City Attorney Kelly presented specifics from the report.
Councilmember Collins moved to refer this item to the city attorney and city engineer's office.
Seconded by Mayor Cardinal
Ed Kivel, 1880 Marylcnoll Avenue, Maplewood, provided a short explanation of his situation
Ayes -All
3. Proposed R -1 (R) Zoning District Code Amendment (Second Reading)
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
City Council Mccting 08 -25 -03 13
Councilmember Juenemann moved to adopt the following Ordinance 840, which adds a rural
residential (R -1 R)) zoning district with a two -acre minimum lot size
ORDINANCE NO. 840
AN ORDINANCE CREATING THE R -1R (RURAL SINGLE - DWELLING RESIDENCE)
ZONING DISTRICT
THE MAPLEWOOD CITY COUNCIL approves the following changes to the Maplewood Code of
Ordinances: (Deletions are crossed out and additions are underlined.)
Section 1. This section changes Section 44 -9 as follows:
Section 44 -9. Zoning districts.
The city is hereby divided into the following zoning districts:
F. Farm Residence District.
R -1, Residence District (Single Dwelling).
R -1R, Rural Single- Dwelling District.
R- IS, Small-Lot Single- Dwelling District.
R -2, Residence District (Double Dwelling).
R -3, Residence District (Multiple Dwelling).
R -E, Residence Estate District.
NC, Neighborhood Commercial District.
CO, Commercial Office District.
BC, Business and Commercial District.
LBC, Limited Business Commercial District.
BC(M) Business Commercial Modified District.
SC, Shopping Center District.
M -1, Light Manufacturing District.
M -2, Heavy Manufacturing District.
Section 2. This section adds new Sections 44 -117 through Section 44 -150 as follows:
K. DIVISION 3.5 R -1(R) RURAL SINGLE - DWELLING DISTRICT
Sec. 44 -117. Intent.
Maplewood intends to protect and enhance the character of areas of the city that, because of topoography
or other factors, do not have, nor does the city eMect to have, municipal sanitary sewer or water service.
To allow for and to protect a very low density, semi - rural, residential fife style, the city creates the R -1 R
zoning district. This zoning district is for the areas of Maplewood that are not suitable for suburban or
tract development because of topography, vegetation or other factors that make the installation of
municipal sanitary sewer unlikely. The city finds the most suitable use of these areas is single dwellings on
large lots. Such low- density residential development will lessen rg ading and soil erosion and will help
protect ground water, vegetation and wooded areas. The lots and parcels in the R -1 R zoning district are
generally much larger than those in the R -1 (single dwelling) district and those with municipal sanitary
City Council Mccting 08 -25 -03 14
sewer and water.
Sec. 44-118. Uses.
The City shall only allow the following uses:
(a) Permitted uses:
W Any permitted use in the R -1 District, subject to its regulations.
Conditional uses. The City may permit the following by conditional use permit:
Any use allowed by conditional use permit in the R -1 (single dwelling) District.
Q Commercial farming or gardening, including the use or storage of associated
equipment, when on a property with a single dwelling_
Stands for the sale of agricultural products grown or produced on the property.
Metal storage buildings, commonly known as pole barns or agri- buildings, subject to the
apphcable size and height requirements.
(e) Prohibited uses. The city prohibits the following uses in the R -1(R) zoning district:
Accessory buildings without an associated single dwelling on the same property.
0 Reserved.
Sec. 44 -119. Height of buildings.
The maximum height of a single - family dwelling shall be thirty-five (35) feet.
Sec. 44 -120. Lot dimensions, lot area and width requirements.
(a) No person shall build a single dwelling on a site less than eighty seven thousand one hundred
twenty (87,120) square feet (2 acres) in area: and
Each lot or parcel shall have enough area or usable space for a house, driveway, well and an
individual sewage treatment system ISTS), including two drainfields.
(c) No person shall build a single dwelling on a lot with less than one hundred twenty (120) feet of
width at the front building setback fine.
(d) Each interior lot or parcel shall have at least sixty (60) feet of frontage on an improved pubfic
street.
(e) Each comer lot or parcel shall have at least one hundred (100) feet of frontage on each of the
pubfic streets.
Sec. 44 -121. Front vards.
City Council Mccting 08 -25 -03 15
l'a Each dwelling and any accessory structure(s) shall have a front yard setback of at least fifty 50)
feet. Except that:
If each of the lots next to an interior lot has a dwelling, the minimum setback shall be the
setback of the adjacent dwelling closest to the street. The maximum setback shall be the
setback of the adjacent dwelling farthest from the street.
If subsection (a)(1) above does not apply and there is a predominant setback, a dwelling shall
be no further forward and no more than five feet to the rear of the predominant setback.
Regardless of the above, if the city council has approved special setbacks for a development,
those setbacks shall apply. City pproval of a prefiminaZ plat with building pads does not
constitute approval of special setbacks.
Regardless of the above, homeowners may add on to their homes using the existing setback.
The director of community development may allow a different front yard setback if the proposed
setback would not adversely affect the drainage of surrounding properties and if an of f the
Mowing conditions apply:
The proposed setback would not affect the privacy of adjacent homes.
Q The proposed setback would save significant natural features, as defined in section 9 -188.
The proposed setback is necessary to meet city, state or federal regulations, such as pipeline
setback or noise regulations.
The proposed setback is necessary for energy saving, health or safety reasons.
Sec. 44 -122. Side vards.
Each dwelling and any accessory structure(s) shall have side yard setbacks of at least thirty (30) feet from
a side property line. The following exceptions to this standard shall apply:
(a) The side yard on the street side of a corner lot shall have a width of at least fifty (50) feet.
When a property owner uses two (2) or more adjoining lots as a single - building site, the side yard
requirements shall apply only to the outside lot lines.
(e) Regardless of the above, homeowners may add on to their homes using the existing setback.
Sec. 44 -123. Rear vards.
(a) Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot depth or a
minimum rear setback of fifty 50) feet, whichever is larger.
Accessory buildings shall have a rear yard setback of at least thirty (30) feet.
Sec. 44 -124. Tower, antenna and flagpole setbacks.
City Council Mccting 08 -25 -03 16
Towers, antennas and flagpoles for residential (non- commercial) use in the R -1(R) zoning district shall
meet the same setbacks as accessory buildings in the R -1 (single dwelling) district.
Sec. 44 -125. Minimum foundation areas, room requirements.
(a) The minimum foundation area shall be at least:
W A one -story dwelling, nine hundred fifty (950) square feet.
A one and one -half story dwelling, seven hundred twenty (720) square feet.
A bi -level dwelling, eight hundred sixteen (816) square feet.
A tri -level dwelling, seven hundred sixty-five square feet.
A two -story dwelling, five hundred twenty -eight (528) square feet.
(b) Room size and number shall be consistent with the standards of the International Residential
Code.
Sec. 44 -126. Building -width requirements.
The minimum building width on any side shall be at least twenty-one 21) feet. The building width
shall not include entryways or other appurtenances that do not run the full depth of the building.
Sec. 44 -127. Accessory buildings.
(a) Section 44 -114 (Accessory buildings) in the R -1 District shall apply to the use and height of
accessory buildings and garages in the R -1R zoning district.
(b) For lots of at least 2 acres in size in the R -1R zoning district, the following size standards shall
apply to accessory buildings and garages:
Detached Buildings
Attached Garages
Combination of detached
(maximum area)
(maximum area)
buildings and attached
(square feet)
(square feet)
garages (maximum area)
1,400 (garages) 1,400 2,800
1,100 other buildings)
Section 3. Section 44 -128 - 44 -150. Reserved.
Section 4. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Collins Ayes -All
K. NEW BUSINESS
Lakewood Drive Trail Improvement (Myrtle to Maryland), Project 03 -34: Receive
Petition and Authorize Project Investigation
a. City Manager Fursman presented the staff report.
b. City Engineer Cavett presented specifics from the report.
City Council 08 -25 -03 17
Councilmember Koppen moved to approve the preparation of a study report for the Lakewood
Drive Trail Improvements (Maryland to Myrtle), Project 03 -34, and authorize the finance director
to transfer $5000 to the project fund.
Seconded by Councilmember Collins Ayes -All
2. Hazelwood Street Improvements (County Road C to Beam Avenue), Project 01 -16:
Approve Resolutions for:
a. Ordering Preparation of Assessment Roll
b. Ordering Assessment Hearing for September 22, 2003
a. City Manager Fursman presented the staff report.
b. City Engineer Cavett presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution for the Hazelwood Street
Improvements, Project 01 -16- Ordering the Preparation of the Assessment Roll:
RESOLUTIONS 03 -08 -166
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer have received bids for the Hazelwood Street
Improvements, City Project 01 -16.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on
the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of
such proposed assessment in the city office for inspection.
thereof.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the council
Seconded by Councilmember Collins Ayes -All
Councilmember Koppen moved to adopt the following resolution ordering the Assessment
Hearing for 7:00 p.m., Monday, September 22, 2003:
RESOLUTION 03 -08 -167
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an
assessment roll for the Hazelwood Street Improvements, City Project 01 -16, and the said assessment roll
is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A hearing shall be held on the 22nd day of September 2003, at the city hall at 7:00 p.m. to
City Council 08 -25 -03 18
pass upon such proposed assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such assessment.
2. The city cleric is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail
notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general nature of
the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and
that written or oral objections will be considered.
Seconded by Councilmember Juenemann Ayes -All
3. County Road D Realignment Improvements, Hazelwood to T.H. 61, Project 02 -07:
Resolution Authorizing Preparation of Roadway Surcharge and Wetland Mitigation Plans
Prior to Public Hearing
a. City Manager Fursman presented the staff report.
b. City Engineer Cavett presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution authorizing preparation of plans
and specifications for the Roadway Surcharge and Wetland Mitigations Plans prior to the Public
Hearing for the County Road D Realignment Project, City Project 02 -07 and directing the finance
director to transfer $25,000 to the project fund:
RESOLUTION 03 -08 -168
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
AUTHORIZING PROJECT FUNDS
WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D
between Hazelwood Street and Trunk Highway 61 (TH 61) and between TH 61 and Highridge Court,
City Projects 02 -07 and 02 -08, respectively, and
WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report has been
prepared under the direction of the city engineer with reference to the improvement of County Road D
between Hazelwood Street and Trunk Highway 61, City Project 02 -07, and County Road D between
Trunk Highway 61 and Highridge Court, City Project 02 -08 and this report was received by the council
on July 22, 2003, and
WHEREAS, the report provides information regarding whether the proposed project is necessary,
cost - effective, and feasible, and
WHEREAS, the City Engineer has reported that only Segment #1, County Road D between
Hazelwood Street and Trunk Highway 61, City Project 02 -07, and Segment #4, County Road D between
Hazelwood Street and Southlawn Avenue is prepared for the necessary public hearing portion, and
WHEREAS, a public hearing for said Segment #1 and said Segment #4 has been called for 8:30
pm on September 8, 2003, and
WHEREAS, the City Engineer has reported on the need to expedite the surcharge operations and
City Council 08 -25 -03 19
wetland mitigation operations in order to meet project schedules.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
The city engineer is hereby authorized to begin the preparation of plans and specifications for the
roadway surcharge and wetland mitigation portion of Segment #1, County Road D between
Hazelwood Street and Trunk Highway 61, City Project 02 -07, in accordance with the preliminary
report.
2. The finance director is hereby directed to appropriate $25,000 toward the project fund for the
purpose of plans preparation.
Seconded by Councilmember Juenemann Ayes -All
4. Antique Fire Truck for Sale
a. City Manager Fursman presented the staff report.
b. Fire Chief Lulcin presented specifics from the report.
C. Former Mayor George Rossbach, a Maplewood Historical Society Member expressed his
zeal for the preservation of artifacts and would like to see a negotiation made for the
purchase of this vehicle.
d. Fran Juker, 1965 Barclay, offered to accept payment for the vehicle over several
installments.
Councilmember Koppen moved to negotiate a contract with the Juicer's to purchase the antique
fire truck.
Seconded by Councilmember Collins
L. VISITOR PRESENTATIONS
Ayes -All
1. Bob Zick, 1880 East Shore Drive, Maplewood, commented on the Historical Society
Annual Payment, the County Road D Realignment Roadway Surcharge, and
Councilmembers leaving a meeting prior to adjournment.
2. Kevin Berglund, 1929 Kingston Avenue, Maplewood, questioned if Councilmembers have
read and follow the rules of civility.
3. Will Rossbach, 1386 County Road C, asked that staff follow up on the Tillges Property
Status, specifically their outlot.
M. COUNCIL PRESENTATIONS
Ramsey County Letter - Meeting- September 11, Finance Director Faust and staff from the
IT Department were invited to a special meeting to discuss ways to study and evaluate as
a group, opportunities for advanced technology and possible group cost savings through
the county.
N. ADMINISTRATIVE PRESENTATIONS
City Council 08 -25 -03 20
Special Meeting for Canvassing Election
Councilmember Wasiluk moved to schedule a special meeting to canvas the primary
election at 4:45 p.m. on Wednesday, September 10` in the council chambers.
2. City Cleric Guilfoile announced the Special Meeting Monday September 8` at 6:00
pm. for a public hearing to discuss the 2:00 a.m. Bar Closing.
3. City Attorney Kelly -- Closed Session
Councilmember Koppen moved to go into closed session.
Seconded by Councilmember Collins Ayes -All
Councilmember Collins moved to return to regular session.
Seconded by Councilmember Juenemann Ayes -All
O. ADJOURNMENT
Councilmember Collins moved to adjourn the meeting at 10:25 p.m.
Seconded by Councilmember Koppen Ayes - All
City Council 08 -25 -03 21
AGENDA NO. Gl
AGENDA REPORT
TO: City Council
FROM: Finance Director
RE: APPROVAL OF CLAIMS
DATE: September 2, 2003
Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the
bills and authorized payment in accordance with City Council approved policies.
ACCOUNTS
PAYABLE
$461,678.38 Checks #61653 thru #61717 dated 8/26/03
$4,447,594.97 Disbursements via debits to checking account
dated 8/15 thru 8/21/03
$312,441.67 Checks 461718 thru #61766 dated 9/2/03
$138,960.20 Disbursements via debits to checking account
dated 8/22 thru 8/28/03
$5,360,675.22 Total Accounts Payable
PAYROLL
$419,159.28 Payroll Checks and Direct Deposits dated
8/29/03
$1,317.10 Payroll Deduction checks #94752 thru #94754
dated 8/29/03
$420,476.38 Total Payroll
$5,781,151.60 GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 770 -4513 if you have any
questions on the attached listing. This will allow me to check the supporting documentation
on file if necessary.
hu
attachments
n n.Q
1
vchlist Check Register Page: 1
08125/2003 12:23:26PM City of Maplewood
Check Date Vendor Description /Acco Amount
61653
6/26/2003
01908
ADMINISTRATION, DEPT OF
HARBOR BACKUP - JUL
685.13
61654
8/26/2003
02843
AIRTECH ENVIRONMENTAL INC
PROF SRVS IAQ TESTING THRU 8/15
763.75
61655
8126/2003
02411
ALEX AIR APPARATUS INC
REPAIR COMPRESSOR
894.60
61656
812612003
00072
ALL MAIN STREET ELECTRIC
REPAIR PARKING LIGHTS
2,688.00
61657
8/26/2003
00084
AMERICAN IRRIGATION & TURF SUP
IRRIGATION SUPPLIES
1,835.74
IRRIGATION SUPPLIES
1,625.76
IRRIGATION SUPPLIES
1,363.81
CREDIT IRRIGATION SUPPLIES
- 507.37
61658
8/26/2003
00100
ANCOM COMMUNICATIONS INC
INSTALL 800 MHZ RADIO SYSTEM
12,466.02
61659
8/26/2003
02658
AVENET LLC
WEB DESIGN BANNER
75.00
61660
8/26/2003
00174
BELDE, STAN
K -9 HANDLER -AUG
35.00
61661
8/2612003
00210
BRAUER & ASSOCIATES, LTD
PARK DESIGN PROF SRVS
2,947.23
61662
8126/2003
02789
COMCAST CABLE COMM INC
FIBER -NET INSTALLATION-
63,810.34
61663
8/26/2003
00340
CRAMER BUILDING SERVICES
CREDIT MEMO - LABOR CREDIT
- 300.00
REPLACE ACTUATOR
4,367.70
61664
8/26/2003
02050
CRITICAL CONNECTIONS INC
FLORISTIC INVENTORY - JOY PARK
640.00
61665
8/26/2003
00412
DONALD SALVERDA & ASSOCIATES
EFFECTIVE MGMT PROGRAM
822.43
61666
8/26/2003
00426
DUELLMAN, KIRK
REIMB FOR EMT TEST FEE
60.00
61667
8/26/2003
00463
EMERGENCY APPARATUS MAINT
REPAIR RESCUE 2 VEHICLE
430.50
61668
8/26/2003
00526
FOREST LAKE CONTRACTING INC
PROD 02 -14 PARKWAY LIFT STAT PYMT
211,371.87
61669
8126/2003
00543
GE CAPITAL
MONTHLY LEASE 8113 - 9112
293.94
61670
8126/2003
00668
HIEBERT, STEVEN
K -9 HANDLER -AUG
35.00
61671
8/2612003
00483
IDEACOM MID- AMERICA
TELEPHONE SYSTEM FOR CITY HALL C
100,000.00
61672
8/26/2003
00721
INDEPENDENT SPORTS NETWORK
SOFTBALL UMPIRE SERVICES 7120 - 81
3,432.00
61673
8/26/2003
01893
JIM'S TREES
SPRUCE TREE
197.03
61674
8126/2003
02861
LARSON CONTRACTING
PROJ 01 -19 FILL HAULED
5,875.00
61675
812612003
02336
M A TAYLOR INC
FITNESS CONSULTANT- 2ND QTR
1,550.00
61676
8/26/2003
02188
MARRS, SCOTT
NNO ENTERTAINMENT
425.00
61677
8126/2003
00945
MASYS CORP
STRATUS SOFTWARE MAI NT -SEP
738.68
61678
812612003
01819
MCLEOD USA
DSL SERVICE -JUL
705.13
61679
8/26/2003
00983
METRO SALES INC
COPIER MAINTENANCE CONTRACT
231.00
61680
8/26/2003
02836
MURRA, AARON
REIMB MILEAGE 814 - 818
48.73
REIMB VEH ALLOW & MILEAGE 8111 -8
63.03
61681
8/26/2003
01126
NCPERS GROUP LIFE INS 612001
PERA LIFE INS (P /R DEDUCTED IN AUG)
245.00
61682
8126/2003
01175
NORTH ST PAUL, CITY OF
MONTHLY UTIL 7/2 - 8/5
2,034.85
SEWER CHARGES
407.82
SEWER CHARGES
218.29
61683
8/26/2003
02629
NOVACARE CBO
PRE- EMPLOYMENT EXAMS - JULY
150.00
61664
8/26/2003
00001
ONE TIME VENDOR
REF E NELSON (JERROLD) AMB 020036
827.60
61685
8/2612003
00001
ONE TIME VENDOR
REF NANCY WILLIAMS -AMB 03004521
295.87
61686
8126/2003
00001
ONE TIME VENDOR
REF HUDSON SCHOOL - GROUP
263.20
61687
812612003
00001
ONE TIME VENDOR
REF ROBERT OVERBY - MEMBERSHIP
150.00
61688
812612003
00001
ONE TIME VENDOR
REF DESIREE BOETLTL - FALL SOCCER
55.00
61689
8/26/2003
00001
ONE TIME VENDOR
REF PATRICIA TATUM - AMB 02005978
40.00
61690
8/26/2003
00001
ONE TIME VENDOR
REF CARLA SWANSON - FALL SOCCER
40.00
61691
8/26/2003
00001
ONE TIME VENDOR
REF GUARDIAN ANGELS - GROUP
31.00
61692
8/26/2003
00001
ONE TIME VENDOR
REF HEATHER GREBE - FITNESS
30.00
61693
6126/2003
00001
ONE TIME VENDOR
REF OAKDALE KINDERCARE - NC PRO
27.50
61694
8/26/2003
00001
ONE TIME VENDOR
REF C BROWN - AMB 02017226
26.00
61695
8/2612003
00001
ONE TIME VENDOR
REF MICHELLE LEE -AMB 01021748
20.00
61696
8/26/2003
00001
ONE TIME VENDOR
REF LYNETTE OLSON - NC PROGRAM
6.00
61697
8126/2003
00001
ONE TIME VENDOR
REF JOAN VANG - NC PROG
3.00
61698
8126/2003
01560
ONYX WASTE SRVS MIDWEST INC
RECYCLING - JUL
19,201.92
vchlist' Check Register Page: 2
08125/2003 12:23:26PM City of Maplewood
Check
Date
Vendor
Description /Account
Amount
61699
8/26/2003
01337
RAMSEY COUNTY -PROP REC & REV
DATA PROCESSING - JUN
3,550.00
61700
8/26/2003
01337
RAMSEY COUNTY -PROP REC & REV
PLANTS FOR CRESTVIEW PARK
153.36
61701
8/26/2003
01360
REINHART FOODSERVICE
MERCH FOR RESALE
425.83
MERCH FOR RESALE
441.46
61702
8/26/2003
00069
RISK MANAGEMENT ALTERNATIVES
COLLECTION AGENCY FEE
15.00
61703
8/26/2003
01418
SAM'S CLUB DIRECT
STATION SUPPLIES
205.01
61704
8/26M003
01463
SISTER ROSALIND GEFRE
MCC MASSAGES - JUL
2,508.00
61705
8/2612003
01466
SKYHAWKS SPORTS ACADEMY
SPORT EVENTS 6116 - 7118
4,803.20
61706
8/26/2003
01473
SMITH DIVING
SNORKELING CLASS
42.00
61707
8/26/2003
01526
STATE TREASURER
BUILDING OFFICIAL CONTINUING EDUC
20.00
61708
8/26/2003
01545
SUBURBAN RATE AUTHORITY
MEMBERSHIP ASSESSMENT -2ND HAL
1,050.00
61709
8/26/2003
02705
SWAN, DAVE
REIMB FOR TUITION 1/15 - 5/12
497.16
61710
8/26/2003
01574
T.A. SCHIFSKY & SONS, INC
VARIOUS BITUMINOUS MATERIALS
816.88
61711
8/26/2003
01654
TRUGREEN - CHEMLAWN #4635
LAWN SERVICE 6/25/2003
99.05
61712
8/26/2003
01580
TSE, INC.
CUSTODIAL SERVICES 6112 - 7/23
1,050.26
61713
8/26/2003
01683
UNIFORMS UNLIMITED INC
SHIRTS
113.40
61714
8/26/2003
02581
US BANK TRUST NATIONAL ASSN
PAYING AGENT FEES
500.00
PAYING AGENT FEE
500.00
61715
8126/2003
01734
WALSH, WILLIAM P.
COMM PLUMBING INSPECTIONS
530.71
COMM PLUMBING INSPECTIONS
119.80
61716
8/26/2003
01750
WATSON CO INC, THE
MERCH FOR RESALE
377.35
61717
8/26/2003
01798
YOCUM OIL CO.
DIESEL FUEL
26.52
FUEL
90.29
65
Checks in this report
Total checks :
461,678.38
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted
Settlement
Date
Date
Payee
Description
Amount
08/14/03
08/15/03
MN State Treasurer
Drivers License /Deputy Registrar
10,881.11
08/15/03
08115/03
ICMA (Vantagepointe)
Deferred Compensation
6,693.08
08/14/03
08115/03
DCRP /Flex account
DCRP & Flex plan payments
309.43
08/14/03
08/15/03
MN Dept of Natural Resources
DNR electronic licenses
441.00
08/15/03
08/15/03
Orchard Trust
Deferred Compensation
19,580.74
08/15/03
08/18/03
MN State Treasurer
Drivers License /Deputy Registrar
17,576.05
08/15/03
08/18/03
U.S. Treasurer
Federal Payroll Tax
93,510.68
08/15/03
08/18/03
P.E.R.A.
P.E.R.A.
46,774.45
08/14/03
08/18/03
Pitney Bowes
Postage
3,000.00
08/15/03
08/18/03
Smith Barney
Investment purchase
1,997,677.78
08/15/03
08/18/03
Dain Rauscher
Investment purchase
2,196,065.67
08/18/03
08/19/03
MN State Treasurer
Drivers License /Deputy Registrar
10,513.56
08/15/03
08/19/03
MN State Treasurer
State Payroll Tax
17,367.25
08/13/03
08/19/03
MN Dept of Revenue
Sales Tax
4,928.00
08/19/03
08/20/03
MN State Treasurer
Drivers License /Deputy Registrar
10,668.05
08/20/03
08/21/03
MN State Treasurer
Drivers License /Deputy Registrar
11,608.12
TOTAL
4,447,594.97
2
vchlist
08/29/2003 1O:38:34AM
Check Register
City of Maplewood
Page: 1
Check
Date
Vendor
Description /Account
Amount
61718
9/2/2003
00008
A M E M
AMEM DUES
100.00
61719
9/2/2003
00162
BAUMAN, GAYLE
REIMB MILEAGE 8/22 & SHOULDER RES
20.30
61720
9/2/2003
02572
BECKER, SHANE
INSTALL STOVE
91.00
61721
9/2/2003
00174
BELDE, STAN
K -9 HANDLER - SEP
35.00
61722
9/2/2003
01811
BERNATELLUS PIZZA INC
MERCH FOR RESALE
117.00
MERCH FOR RESALE
117.00
MERCH FOR RESALE
195.00
61723
9/2/2003
01974
BLUE CROSS REFUNDS
REF AMB ARDIS BORG 03007252
392.56
61724
9/212003
00198
BOARD OF WATER COMMISSIONERS
MONTHLY WATER UTIL - BILL DATE 8/21
2,950,81
61725
9/212003
02207
DELTA DENTAL PLAN OF MN
MONTHLY PREMIUM
8,052.20
61726
912/2003
00422
DRAMA KIDS, THE
DRAMA CLUB INSTRUCTOR - AUG
1,975.00
61727
9/2/2003
01401
FIRST STUDENT INC
BUS FEE TO MN ZOO
285.00
BUS FEE TO COSMIC BOWL
159,00
BUS FEE TO STAGES THEATRE
264.00
61728
9/2/2003
00529
FORTIS BENEFITS INSURANCE CO
LTD DEPOSIT OCT 2003
2,147.71
61729
9/212003
00531
FRA -DOR BLACK DIRT & RECYCLE
PROJ 03-02 BLACK DIRT
830.70
61730
912/2003
02134
GERNES, CAROLE
REIMB FOR MILEAGE 117 - 8119
82
61731
9/2/2003
00589
GRAF, DAVE
KARATE INSTRUCTOR 815. 8/26
115.50
61732
9/2/2003
00660
HENNEPIN TECHNICAL COLLEGE
APPLICATION FEE
20.00
61733
9/2/2003
00668
HIEBERT, STEVEN
K -9 HANDLER - SEP
35.00
61734
9/2/2003
01835
JOHNSON, BONNIE
REIMS FOR MILEAGE 8/26
24.61
61735
9/2/2003
00881
LUKIN, STEVE
REIMS FOR BOOKS
42.40
61736
902003
00891
MAMA
LUNCHEON MEETING 8/21
18.00
61737
9/2/2003
00932
MAPLEWOOD BAKERY
BIRTHDAY CAKES
30.50
BIRTHDAY CAKES
79,29
BIRTHDAY CAKES
64.00
BIRTHDAY CAKES
109.75
BIRTHDAY CAKES
36.50
REFRESHMENTS FOR SAFETY TRNG
36.68
REFRESHMENTS FOR SAFETY TRNG
60.66
MERCH FOR RESALE
351.51
61738
9/2/2003
00936
MAPLEWOOD HISTORICAL SOCIETY
ANNUAL CONTRIBUTION
2,000.00
61739
9/2/2003
02863
MAYER, DUANE
NNO CUPS - WHITE STEINS
3,153.80
61740
912/2003
01819
MCLEOD USA
LOCAL PHONE SERVICE 7/16 - 8/15
5,456.39
61741
9/2/2003
00966
MEDICA CHOICE
MONTHLY PREMIUM
92,141.46
61742
9/212003
00985
METROPOLITAN COUNCIL
WASTEWATER -SEP
158,600.00
61743
9/212003
01085
MN LIFE INSURANCE
MONTHLY PREMIUM
3,436.55
61744
9/212003
02836
MURRA, AARON
REIMB MILEAGE & VEH ALLOW 8118 -22
67.05
61745
9/2/2003
01202
NYSTROM PUBLISHING CO INC
MCC NEWSLETTER -AUG
3,089.57
61746
9/2/2003
00001
ONE TIME VENDOR
REF 3M - CDRB APPLICATION
782,00
61747
902003
00001
ONE TIME VENDOR
REF CALVIN SAXBY - MEMBERSHIP
279
61748
9/2/2003
00001
ONE TIME VENDOR
REF TED PODGORSKI - PRO/ 02 -10
263.55
61749
912/2003
00001
ONE TIME VENDOR
REF JUAN SILVA - REPLACING SOD & D
138.13
61750
9/2/2003
00001
ONE TIME VENDOR
REF JOSEPHINE GEIGER - MCC PROGR,
115.00
61751
912/2003
00001
ONE TIME VENDOR
REF DIANE O'BRIEN - SOCCER
45.00
61752
9/212003
00001
ONE TIME VENDOR
REF MAYKO LO - SOCCER
45.00
61753
9/2/2003
01254
PEPSI -COLA COMPANY
MERCH FOR RESALE
325.15
MERCH FOR RESALE
373.75
MERCH FOR RESALE
216.45
61754
912/2003
01289
PRAIRIE RESTORATIONS INC
PRAIRIE FARM PRESERVE - PRAIRIE M
948.81
61755
902003
01301
PRIEFER, WILLIAM
REIMB FOR MILEAGE 8/21
17,52
61756
9/2/2003
01418
SAM'S CLUB DIRECT
PROGRAM SUPPLIES
19
PROGRAM SUPPLIES
129.26
MERCH FOR RESALE
133.77
vchlist
08/29/2003
1O:38:34AM
Check Register
City of Maplewood
Page: 2
Check
Date
Vendor
DescriptionlAccount
Amount
61756
9/212003
01418
SAM'S CLUB DIRECT
(Continued)
PROGRAM SUPPLIES
23.00
PROGRAM SUPPLIES
108.30
MERCH FOR RESALE
84.80
PROGRAM SUPPLIES
87.93
PROGRAM SUPPLIES
26.19
VENDING SUPPLIES
121.81
61757
9/212003
01504
ST PAUL, CITY OF
INSALL A 6' DOMESTIC WATER SRV
2,940.00
61758
9/2/2003
01523
STATE BOARD OF ELECTRICITY
INSPECTION BOOKS
100.00
61759
9/2/2003
01537
STREAMLINE DESIGN INC.
BLACK BAGS
176.00
61760
9/2/2003
01645
TREASURER, STATE OF MINNESOTA
AMB SRV LICENSE FEE
630.00
61761
9/2/2003
02203
UNUM LIFE INSURANCE - LTD
MONTHLY PREMIUM
2,880.11
61762
9/2/2003
02290
UNUM LIFE INSURANCE - STD
SHORT -TERM DISABILITY- SEP
1,241.30
61763
9/2/2003
01734
WALSH, WILLIAM P.
COMM PLUMBING INSP
315.71
61764
9/2/2003
02410
WELLS FARGO LEASING INC
MONTHLY LEASE COPIER 813 - 913
1,420.70
61765
9/2/2003
01764
WESTLING, TOM
TENNIS INSTRUCTOR - SUMMER II
813.75
61766
9/2/2003
01605
ZIEGLER INC.
2 WEEK RENTAL OF TRACK TYPE 06
6,728.67
WEEK RENTAL OF 320 EXCAVATOR & S
4,126.88
49 Checks in this report
Total checks :
312,441.67
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Transmitted Settlement
Date Date Pave e Description Amount
08/21/03
08122/03
MN State Treasurer
Drivers License /Deputy Registrar
10,058.47
08/08/03
08/22/03
MN Dept of Revenue
Fuel Tax
323.00
08/21/03
08/22/03
DCRP /Flex account
DCRP & Flex plan payments
812.09
08/21/03
08/22/03
MN Dept of Natural Resources
DNR electronic licenses
526.50
08/22/03
08/25/03
MN State Treasurer
Drivers License /Deputy Registrar
12,298.88
08/25/03
08/26/03
MN State Treasurer
Drivers License /Deputy Registrar
10,732.00
08/26/03
08/27/03
MN State Treasurer
Drivers License /Deputy Registrar
12,544.00
08/27/03
08/28/03
MN State Treasurer
Drivers License /Deputy Registrar
48,570.47
08/22/03
08/28/03
Elan Financial Services*
Purchasing card items
43,094.79
TOTAL
138,960.20
*Detailed listings of Elan purchasing card items are attached
7
Transaction Review 8/18/2003
For Transactions posted between 08/10/2003 to 08/1612003
Post Date Vendor Name Settlement Amt Cardholder Name
08/1112003
THE HOME DEPOT 2801
138.41 SCOTT ANDREWS
08/12/2003
TARGET 00011858
23.80 MANDY ANZALDI
08/13/2003
KMART 00071068
10.89 MANDY ANZALDI
08/13/2003
SHRED IT
169.83 JOHN BANICK
08/14/2003
ARDEN SHOREVIEW AN HOSPT
570.56 JOHN BANICK
08/11/2003
VERIZONWIRELESSWR
50.80 JIM BEHAN
08/12/2003
COLLINS ELECTRICAL CONSTR
78.00 JIM BEHAN
08/13/2003
GRAINGER.COM 916
- 153.36 JIM BEHAN
08/13/2003
GRAINGER.COM 916
-73.61 JIM BEHAN
08/13/2003
PAIN ENTERPRISES INC-
325.74 JIM BEHAN
08/14/2003
BROCK WHITE COMPANY -ST PA
15.74 JIM BEHAN
08/14/2003
CHECKER #180200018028
31.47 JIM BEHAN
08/1512003
SIMPLEXGRINNEL
356.00 JIM BEHAN
08/15/2003
KNOWLAN'S SPRMKT. #2
18.79 OAKLEY BIESANZ
08/11/2003
AUTOZONE #3082
23.40 RON BOURQUIN
08/14/1003
UNIFORMS UNLIMITED INC
93.53 DANIEL P BUSACK
08/15/2003
FRANKLIN COVEY #7069
43.32 MELINDA COLEMAN
08/11/2003
ONLINE SPORTS
68.95 LINDA CROSSON
08/11/2003
CLASSROOM CONNECTIONS
32.71 LINDA CROSSON
08113/2003
WWW.THESPORTSAUTHORTY.COM
135.61 LINDA CROSSON
08/15/2003
WWW.THESPORTSAUTHORTY.COM
24.95 LINDA CROSSON
08/11/2003
SENSIBLE LAND USE COAL
30.00 ROBERTA DARST
08/11/2003
S & T OFFICE PRODUCTS
28.69 ROBERTA DARST
08/1212003
BARNA,GUZY & STEFFEN,LTD
93.50 ROBERTA DARST
08/14/2003
S & T OFFICE PRODUCTS
37.25 KATHLEEN DOHERTY
08/1212003
TARGET 00011858
27.24 JOHN DUCHARME
08/11/2003
EXCELLCOM
56.66 TOM EASTMAN
08111/2003
G & K SERVICES 006
609.20 TOM EASTMAN
08/11/2003
GENERAL INDUSTRIAL SUPPLY
51.59 DOUG EDGE
08/11/2003
ALBRECHT LANDSCAPE
123.42 DAVE EDSON
08/15/2003
GOVT FINANCE OFFICERS
275.00 DANIEL F FAUST
08/12/2003
TIG TIGERDIRECF.COM
187.85 MYCHAL FOWLDS
08/l3/2003
THE HOME DEPOT 2801
37.17 MYCHAL FOWLDS
08/13/2003
OFFICE MAX 00002204
8.52 MYCHAL FOWLDS
08/14/2003
WWW.AHEAD.DE
71.82 MYCHAL FOWLDS
08/15/2003
TIG TIGERDIRECT.COM
94.96 MYCHAL FOWLDS
08/15/2003
HENRIKSEN ACE HARDWARE
46.24 VIRGINIA GAYNOR
08/11/2003
ANDON INC.
121.41 MIKE GRAF
08/14/2003
MILLS FLEET FARM #27
25.27 MIKE GRAF
08/15/2003
TARGET 00011858
14.37 MIKE GRAF
08/12/2003
REMAP INC
50.00 KAREN E GUILFOILE
08/14/2003
METRO SALES INC
610.00 LORI HANSON
08/11/2003
WALGREEN 00016873
27.62 HEIDI HERSOM
08/11/2003
S & T OFFICE PRODUCTS
17.57 HEIDI HERSOM
08/11/2003
ARCHIVER'S
35.10 HEIDI HERSOM
08/1212003
S & T OFFICE PRODUCTS
-11.91 HEIDI HERSOM
08/14/2003
DGI DYNAMIC GRAPHICS
79.00 HEIDI HERSOM
08/!5/2003
IMAGEDJ CORPORATION
39.77 HEIDI HERSOM
08/11/2003
MARGOLIS COMPANY
255.60 GARY HINNENKAMP
08/11/2003
HENRIKSEN ACE HARDWARE
339.16 GARY HINNENKAMP
08/11/2003
LESCO INC
280.57 GARY HINNENKAMP
08/12/2003
COMMONWEALTH ELECTRIC MN
820.00 GARY HINNENKAMP
08/14/2003
CERTIFIED LABORATORIES
360.20 GARY HINNENKAMP
08/1512003
LTG POWER EQUIPMENT
114.72 GARY HINNENKAMP
08/1512003
CERTIFIED LABORATORIES
262.38 GARY HINNENKAMP
08/13/2003
NEXTEL WIRELESS SVCS
74.68 STEVE HURLEY
09/11/2003
THE STONE HEARTH INN INC
1,249.90 ANN E HUTCHINSON
08/13/2003
NEXTEL WIRELESS SVCS
55.54 ANN E HUTCHINSON
08/14/2003
CERTIFIED LABORATORIES
321.39 MICHAEL KANE
l'J
08/11/2003
VERIZONWIRELESSWR
40.91 SHERYLLLE
08/12/2003
NORTHERN TOOL EQUIPMNT
42.58 DENNIS LINDORFF
08111/2003
CLAREY'S SAFETY EQUIPJN
168.24 STEVE LUKIN
08/12/2003
WASTE MANAGEMENT
236.75 STEVE LUKIN
08/132003
NEXTEL WIRELESS SVCS
928.66 STEVE LUKIN
08/13/2003
3M RESOURCE RECOVERY
27.82 STEVE LUKIN
08/15/2003
CENTURY COMM & TECH
1,960.77 STEVE LUKIN
08/11/2003
G & K SERVICES 006
582.88 MARK MARUSKA
08/l 1/2003
VIDEO PROFESSOR INC
69.95 MARK MARUSKA
08/12/2003
WASTE MANAGEMENT
1,216.36 MARK MARUSKA
08/13/2003
THE HOME DEPOT 2801
34.83 ED NADEAU
08/12/2003
BROCK WHITE COMPANY -ST PA
145.52 BRYAN NAGEL
08/12/2003
SUN TURF
446.02 BRYAN NAGEL
08/13/2003
HEJNY RENTALS INC
128.76 BRYAN NAGEL
08/11/2003
AMOCO 07847502
38.95 JEAN NELSON
08/11/2003
COURTESY CAR RENTALS OF
350.58 JEAN NELSON
0811512003
DEGE GARDEN CENTER
2.82 JEAN NELSON
08/11/2003
G & K SERVICES 006
302.50 AMY NIVEN
08/112003
G & K SERVICES 006
508.19 AMY NIVEN
08/112003
G & K SERVICES 006
152.06 AMY NIVEN
08/142003
S & T OFFICE PRODUCTS
274.62 AMY NIVEN
08/1212003
REMAP INC
50.00 DENNIS PECK
08/132003
COPY EQUIPMENT, INC.
107.10 DENNIS PECK
08/142003
SEMINARS NATLJPADGETT
338.00 PHILIP F POWELL
08/142003
SEMINARS NATIJPADGETT
169.00 PHILIP F POWELL
08/132003
TRUCK UTILITIES & MFG
41.62 STEVEN PRIEM
08/13/2003
KREMER SPRING AND ALIGNME
400.60 STEVEN PRIEM
08/142003
TOUSLEY FORD 127200039
72.57 STEVEN PRIEM
08/14/2003
AUTO GLASS SPECIALISTS
240.92 STEVEN PRIEM
08/15/2003
MERIT CHEVROLET
186.02 STEVEN PRIEM
08/15/2003
AUTO GLASS SPECIALISTS
184.22 STEVEN PRIEM
08/15/2003
STATE INDUSTRIAL PRODUCTS
149.92 STEVEN PRIEM
08/11/2003
HENRIKSEN ACE HARDWARE
11.79 KEVIN RA13BETT
08/11/2003
SHELL OIL 57422520205
22.90 KEVIN RABBETT
08/11/2003
TARGET 00000687
40.61 KEVIN RABBETT
08/12/2003
COLONIAL 1005197100018
18.75 KEVIN RABBETT
08/13/2003
NEXTEL WIRELESS SVCS
1,279.27 KEVIN RABBETT
08/132003
DALCO 01 OF 01
8.12 MICHAEL REILLY
08/122003
WAL MART
2.81 AUDRA ROBBINS
08/122003
TARGET 00011858
27.25 AUDRA ROBBINS
08/12/2003
BEST BUY 00000109
31.94 AUDRA ROBBINS
08/13/2003
MICHAELS #2744
41.55 AUDRA ROBBINS
08/142003
VALLEYFAIR MERCHANDISE #2
10.00 AUDRA ROBBINS
081112003
RADIO SHACK 00161133
16.04 PAUL SCHLINGMAN
08/11/2003
G & K SERVICES 006
945.56 PAUL SCHLINGMAN
08/11/2003
G & K SERVICES 006
864.56 PAUL SCHLINGMAN
08/11/2003
G & K SERVICES 006
262.84 PAUL SCHLINGMAN
08/11/2003
G & K SERVICES 006
251.35 PAUL SCHLINGMAN
08/12/2003
WASTE MANAGEMENT
327.90 PAUL SCHLINGMAN
08/122003
WASTE MANAGEMENT
327.90 PAUL SCHLINGMAN
08/11/2003
G & K SERVICES 006
220.81 GERALD SEEGER
08/11/2003
LAB SAFETY SUPPLY INC
29.42 ANDREA S1NDT
08/11/2003
SENSIBLE LAND USE COAL
30.00 ANDREA S1NDT
08/14/2003
PAPER WAREHOUSE #8
118.50 PAULINE STAPLES
08/132003
THE UPS STORE #2171
27.84 SCOTT STEFFEN
08/132003
LAURA'S HALLMARK
20.76 JOANNE M SVENDSEN
08/14/2003
VENBURG TIRE CO
18.00 AUSTIN SVENDSEN
08114/2003
BROOKLYN PARK TUITION OFF
319.04 AUSTIN SVENDSEN
08/15/2003
CENTURY BOOKSTORE
797.65 AUSTIN SVENDSEN
08/11/2003
HENRIKSEN ACE HARDWARE
250.10 LYLE SWANSON
08/11/2003
THE HOME DEPOT 2801
28.54 LYLE SWANSON
08/13/2003
HIRSHFIELD'S MAPLEWOOD
15.57 LYLE SWANSON
08/14/2003
OFFICE MAX 00002204
16.05 LYLE SWANSON
08/14/2003
VIKING ELECTRIC ST PAUL
147.19 LYLE SWANSON
08/15/2003
TARGET 00011858
10.32 DOUGLAS 1 TAUBMAN
NJ
08/14/2003
MENARDS MAPLEWOOD
08/11/2003
QWESTCOMM TN208
08111/2003
QWESTCOMM TN509
08/11/2003
QWESfCOMMTN509
08/11/2003
QWESTCOMM TN509
08/11/2003
QWESTCOMM TN509
08/11/2003
QWESTCOMM TN509
08/11/2003
QWESTCOMM TN509
08/11/2003
QWESTCOMM TN509
08/11/2003
QWESTCOMM TN509
08/11/2003
QWESTCOMM TN509
08/13/2003
SHRED IT
08/11/2003
KAM COM TECHNOLOGIES INC
08/14/2003
CUB FOODS, INC.
8.83 DAVID 3 THOMALLA
57.51 HOLLY URBANSKI
57.51 HOLLY URBANSKI
86.27 HOLLY URBANSKI
86.27 HOLLY URBANSKI
86.27 HOLLY URBANSKI
86.27 HOLLY URBANSKI
115.02 HOLLY URBANSKI
138.45 HOLLY URBANSKI
238.55 HOLLY URBANSKI
370.56 HOLLY URBANSKI
33.30 HOLLY URBANSKI
612.38 SUSAN ZWIEG
45.99 SUSAN ZWIEG
27,070.83
10
Transaction Review
For Transactions posted between 08/17/2003 to 08/23/2003
Post Date Vendor Name
Settlement Amt Cardholder Name
8/25/2003
08/18/2003
VERIZONWIRELESSWR
200.49 RCHARLES AHL
08/20/2003
BEST BUY 00000109
369.48 BRUCE K ANDERSON
08/2012003
CUB FOODS, INC.
20.01 MANDY ANZALDI
08/21/2003
TOYS R US #6046
5.33 MANDY ANZALDI
08/20/2003
AWARDS BY HAMMOND, INC
50.29 JOHN BANICK
08/18/2003
HENRIKSEN ACE HARDWARE
23.93 JIM BEHAN
08/19/2003
API SUPPLY INC
277.76 JIM BEHAN
08/20/2003
SIMPLEXGRINNEL
124.00 JIM BEHAN
08/212003
MUSKA LIGHTING CENTER
623.97 JIM BEHAN
08/222003
LANDSCAPE ALTERNATIVES IN
14.87 OAKLEY BIESANZ
08/222003
INTL ASSC OF FIRE CITE
185.00 RON BOURQUIN
08/1812003
OFFICE MAX 00002204
14.89 LINDA CROSSON
08/202003
TEE'S PLUS
238.50 RICHARD DOBLAR
08/212003
VALLEY TROPHY
226.59 RICHARD DOBLAR
08/182003
MARSHALL FLDS200020172
216.75 ALICE DUNN
08/18/2003
MARSHALL FLDS200020172
24.99 ALICE DUNN
08/182003
MARSHALL FLDS200020172
34.47 ALICE DUNN
0821/2003
WASTE MGMT -MPLS
694.38 TOM EASTMAN
08/t8/2003
THE HOME DEPOT 2801
25.91 DAVE EDSON
08/18/2003
AMERICAN IRRIGATION
282.09 DAVE EDSON
08/19/2003
TARGET 00011858
22.22 PAUL E EVERSON
08/22/2003
FANFARE PROMOTIONS INC
228.00 DAVID FISHER
08/18/2003
CALM RIVER TECHNOLOGIES
470.00 MYCHAL FOWLDS
08/21/2003
KAM COM TECHNOLOGIES INC
595.22 MYCHAL FOWLDS
08/20/2003
BROCK WHITE COMPANY -ST PA
73.49 RONALD FREBERG
08/21/2003
HENRIKSEN ACE HARDWARE
4.13 RONALD FREBERG
08/21/2003
DONSON SUPPLY
42.83 PATRICIA FRY
08/22/2003
TARGET 00011858
89.31 PATRICIA FRY
08/20/2003
PERKINS REST 00010512
29.26 RICHARD FURSMAN
08/18/2003
THE HOME DEPOT 2801
4.03 CAROLE GERNES
08/18/2003
WILD MOUNTAIN
168.20 MIKE GRAF
08/21/2003
ANDON INC.
62.84 MIKE GRAF
08/22/2003
REGAL AUTO WASH XX -M
19.16 MIKE GRAF
08/22/2003
VERIZONWIRELESSWR
63.46 KAREN E GUILFOILE
08/20/2003
XPEDX
89.85 LORI HANSEN
08/20/2003
XPEDX
201.99 LORI HANSEN
08 /I8 12003
LILLIE SUBURBAN NEWSP
985.49 LORI HANSON
08/182003
EPSON STORE
249.17 HEIDI HERSOM
08/19/2003
A TO Z RENTAL CENTER
115.95 HEIDI HERSOM
08/182003
ICI- DULUX- PAINTS #0092
1,145.09 GARY HINNENKAMP
08/182003
PAPER WAREHOUSE 48
1.60 RON HORWATH
08/182003
CUB FOODS, INC.
49.38 RON HORWATH
08/222003
T J T- SHIRTS
416.50 RON HORWATH
08/212003
VECTOR INTERNET/VISLC
31.45 STEVE HURLEY
08/22/2003
CABLING SERVICES CORPORAT
312.00 STEVE HURLEY
08/1812003
NEW TRIBE INC
640.00 ANN E HUTCHINSON
08202003
PAIGES IN TIME INC
24.45 ANN E HUTCHINSON
08/18/2003
HENRIKSEN ACE HARDWARE
2.44 DAVID JAHN
08118/2003
DALCO 01 OF 01
10.37 DAVID JAHN
08/20/2003
KNOWLAN'S SPRMKT. 42
5.50 HEATHER KOS
08/21/2003
BLUE RIBBON BAIT & TACKLE
23.96 HEATHER KOS
08/19/2003
EGI BALDWIN COOKE
352.01 DAVID KVAM
08/19/2003
STREICHER'S POLICE EQP
202.67 DAVID KVAM
0821/2003
LIFELOC TECHNOLOGIES INC
52.38 DAVID KVAM
08/18/2003
MENARDS OAKDALE
337.39 DENNIS LINDORFF
0821/2003
HEJNY RENTALS INC
207.86 DENNIS LINDORFF
08/22/2003
HEJNY RENTALS INC
290.82 DENNIS LINDORFF
0821/2003
AMERITECH MOBILE PA
35.21 SIEVE LUKIN
08/21/2003
SONNY BRYANS SMKHSE 12
54.76 GORDON MALLORY
11
08/1912003
VIDEO PROFESSOR INC
6.95
MARK MARUSKA
08/22/2003
WYNDHAM HOTELS FB
14.56
JON A MELANDER
08/202003
PUMP & METER SERVICE INC
73.86
ED NADEAU
08/18/2003
SPRINTPCS AUTOPYMT RC
161.30
BRYAN NAGEL
08/182003
S & T OFFICE PRODUCTS
132.12
JEAN NELSON
08/182003
RON'S VIRTUE PRINTI
223.92
AMY NIVEN
08/222003
MENARDS MAPLEWOOD
90.50
MICHAEL NOVAK
08/212003
AMOCO 07847502
4.25
KURT PARSONS
08/182003
BEST BUY 00000109
184.18
PHILIP F POWELL
08/182003
MERIT CHEVROLET
41.18
STEVEN PRIEM
08/192003
FACTORY MOTOR PARTS
83.43
STEVEN PRIEM
08/202003
TOUSLEY FORD I27200039
-31.95
STEVEN PRIEM
08/202003
SUNRAY BTB
116.96
STEVEN PRIEM
08/212003
ELLIOTT AUTO SUPPLY
35.82
STEVEN PRIEM
08/212003
KATH AUTO PARTS
10.23
STEVEN PRIEM
08/212003
KATH AUTO PARTS
34.03
STEVEN PRIEM
08/182003
MARATHON ASHLAND 001750
17.30
KEVIN RABBETT
08/182003
SUPERAMERICA 4202
24.50
KEVIN RABBETT
08/182003
AMOCO 07847502
26.00
KEVIN RABBETT
08222003
AT &T WIRELESS SERVICES
147.00
KEVIN RABBETT
081182003
DALCO 01 OF 01
1,601.80
MICHAEL REILLY
081182003
CUB FOODS, INC.
8.52
AUDRA ROBBINS
08/182003
WALGREEN 00029363
11.83
AUDRA ROBBINS
08/202003
AMOCO 07847502
15.92
AUDRA ROBBINS
081202003
CUB FOODS, INC.
58.71
AUDRA ROBBINS
0820/2003
MICHAELS #2744
47.96
AUDRA ROBBINS
08/21/2003
TARGET 00011858
21.47
AUDRA ROBBINS
0822/2003
CUB FOODS, INC.
23.08
AUDRA ROBBINS
08212003
TARGET 00011858
98.31
SCOTT STEFFEN
0822 /2003
RAINBOW FOODS 1.886
38.06
SCOTT STEFFEN
08/18/2003
GRUBERS POWER EQUIPMENT
73.91
RUSTIN SVENDSEN
0820/2003
AFFORDABLE ENGRAVING
9.10
RUSTIN SVENDSEN
0820/2003
ANCOM TECHNICAL CENTER IN
158.32
RUSTIN SVENDSEN
0821/2003
GATORS
47.28
RUSTIN SVENDSEN
0822/2003
WYNDHAM HOTELS FIB
24.25
RUSTIN SVENDSEN
0820/2003
FERGUSON ENT 41650
153.69
LYLE SWANSON
0821/2003
STAR SUPPLY
77.73
LYLE SWANSON
0822/2003
EXCELLCOM
101.
18 LYLE SWANSON
08/182003
QWESTCOMM TN651
1.37
HOLLY URBANSKI
08/18/2003
QWESTCOMM TN612
57.51
HOLLY URBANSKI
08/18/2003
CURTIS 1000
611.99
HOLLY URBANSKI
08118/2003
ROS RELIABLE OFFICE SU
21.69
SUSAN ZWIEG
16,023.96
12
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
13
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
08/29/03
COLLINS, KENNETH
357.47
dd
08/29/03
JUENEMANN, KATHLEEN
357.47
dd
08/29/03
KOPPEN, MARVIN
357.47
dd
08/29/03
COLEMAN, MELINDA
3,682.47
dd
08/29/03
DARST, ROBERTA
1,412.04
dd
08/29/03
FURSMAN, RICHARD
4,638.25
dd
08/29/03
SCHLINGMAN, PAUL
2,026.22
dd
08/29/03
SEEGER, GERALD
503.62
dd
08/29/03
SWANSON, LYLE
1,665.90
dd
08/29/03
LE, SHERYL
3,592.64
dd
08/29/03
RAMEAUX, THERESE
2,133.34
dd
08/29/03
FAUST, DANIEL
3,745.90
dd
08/29/03
URBANSKI, HOLLY
1,661.45
dd
08/29/03
ANDERSON, CAROLE
937.40
dd
08/29/03
BAUMAN, GAYLE
2,869.17
dd
08/29/03
JACKSON, MARY
1,715.85
dd
08/29/03
KELSEY, CONNIE
886.04
dd
08/29/03
TETZLAFF, JUDY
1,683.05
dd
08/29/03
FRY, PATRICIA
1,592.65
dd
08/29/03
GUILFOILE, KAREN
2,546.16
dd
08129/03
OSTER, ANDREA
1,663.75
dd
08/29/03
CARLE, JEANETTE
1,682.17
dd
08129/03
JAGOE, CAROL
1,585.63
dd
08/29/03
JOHNSON, BONNIE
1,012.96
dd
08/29/03
OLSON, SANDRA
1,312.61
dd
08/29/03
BANICK, JOHN
3,201.24
dd
08/29/03
CORCORAN, THERESA
1,478.25
dd
08/29/03
MARTINSON, CAROL
1,550.45
dd
08/29/03
POWELL, PHILIP
1,993.26
dd
08/29/03
SPANGLER, EDNA
478.50
dd
08/29/03
THOMALLA, DAVID
3,546.50
dd
08/29/03
ABEL, CLINT
1,700.93
dd
08/29/03
ALDRIDGE, MARK
2,218.78
dd
08/29/03
ANDREWS, SCOTT
3,704.88
dd
08/29/03
BAKKE, LONN
2,403.25
dd
08/29/03
BELDE, STANLEY
2,585.85
dd
08/29/03
BIERDEMAN, BRIAN
1,700.93
dd
08/29/03
BOHL, JOHN
3,000.08
dd
08/29/03
BUSACK, DANIEL
2,256.20
dd
08/29/03
COFFEY, KEVIN
1,520.98
dd
08/29/03
CROTTY, KERRY
2,280.92
dd
08/29/03
DOBLAR, RICHARD
2,115.21
dd
08/29/03
HALWEG, KEVIN
1,298.52
dd
08/29/03
HEINZ, STEPHEN
2,301.63
13
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
14
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
08/29/03
HIEBERT, STEVEN
2,616.43
dd
08/29/03
JOHNSON, KEVIN
3,240.86
dd
08/29/03
KARIS, FLINT
2,977.03
dd
08/29/03
KONG, TOMMY
2,154.05
dd
08/29/03
KROLL, BRETT
1,908.07
dd
08/29/03
KVAM, DAVID
2,832.91
dd
08/29/03
LARSON, DANIEL
2,334.17
dd
08/29/03
LU, JOHNNIE
2,572.12
dd
08/29/03
MARINO, JASON
1,827.78
dd
08/29/03
MARTIN, JERROLD
1,908.07
dd
08/29/03
METRY, ALESIA
1,747.53
dd
08/29/03
PALMA, STEVEN
2,670.87
dd
08/29/03
RABBETT, KEVIN
2,945.80
dd
08/29/03
STEFFEN, SCOTT
3,596.70
dd
08/29/03
SZCZEPANSKI, THOMAS
2,301.63
dd
08/29/03
THIENES, PAUL
2,384.48
dd
08/29/03
TRAM, JOSEPH
1,918.39
dd
08/29/03
WENZEL, JAY
2,356.21
dd
08/29/03
XIONG, KAO
1,716.46
dd
08/29/03
BARTZ, PAUL
3,885.13
dd
08/29/03
BERGERON, JOSEPH
2,966.54
dd
08/29/03
DUGAS, MICHAEL
1,870.53
dd
08/29/03
DUNN, ALICE
2,984.31
dd
08/29/03
ERICKSON, VIRGINIA
2,384.48
dd
08/29/03
EVERSON, PAUL
1,677.45
dd
08/29/03
FLOR, TIMOTHY
2,494.21
dd
08/29/03
FRASER, JOHN
2,470.58
dd
08/29/03
HALWEG, JODI
1,702.75
dd
08/29/03
KATZMAN, BARBARA
1,682.13
dd
08/29/03
L'ALLIER, DANIEL
1,380.00
dd
08129/03
OLSON, JULIE
2,197.35
dd
08/29/03
PARSONS, KURT
1,769.34
dd
08/29/03
PIKE, GARY
2,177.35
dd
08/29/03
ROSSMAN, DAVID
2,483.17
dd
08/29/03
DAWSON, RICHARD
1,723.97
dd
08/29/03
DUELLMAN, KIRK
1,729.92
dd
08/29/03
JOHNSON, DOUGLAS
1,729.92
dd
08/29/03
NOVAK, JEROME
1,741.81
dd
08129/03
PETERSON, ROBERT
1,824.27
dd
08/29/03
SVENDSEN, RONALD
1,801.26
dd
08/29/03
GERVAIS -JR, CLARENCE
2,429.15
dd
08/29/03
FEHR, JOSEPH
3,105.70
dd
08/29/03
FLAUGHER, JAYME
1,756.65
dd
08/29/03
JACKSON, LINDA
1,247.40
dd
08/29/03
LAFFERTY, WALTER
2,077.85
dd
08/29/03
LINN, BRYAN
2,238.85
14
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
15
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
08/29/03
PACOLT, MARSHA
1,999.85
dd
08/29/03
RABINE, JANET
2,077.85
dd
08/29/03
SCHAULS, ADAM
459.00
dd
08/29/03
STAHNKE, JULIE
2,082.61
dd
08/29/03
LUKIN, STEVEN
3,255.62
dd
08/29/03
SVENDSEN, RUSTIN
2,599.72
dd
08/29/03
ZWIEG, SUSAN
1,790.35
dd
08/29/03
DOLLERSCHELL, ROBERT
268.49
dd
08/29/03
AHL, R. CHARLES
3,896.70
dd
08/29/03
NIVEN, AMY
1,077.50
dd
08/29/03
PRIEFER, WILLIAM
2,391.25
dd
08/29/03
WEGWERTH, JUDITH
1,666.06
dd
08/29/03
BRINK, TROY
1,433.45
dd
08/29/03
DEBILZAN, THOMAS
1,868.84
dd
08/29/03
EDGE, DOUGLAS
1,744.25
dd
08/29/03
KANE, MICHAEL
2,643.39
dd
08/29/03
LUTZ, DAVID
1,738.86
dd
08/29/03
MEYER, GERALD
1,805.08
dd
08/29/03
NAGEL, BRYAN
1,903.85
dd
08/29/03
OSWALD, ERICK
2,032.93
dd
08/29/03
TEVLIN, TODD
1,532.25
dd
08/29/03
BOHMBACH, JOSHUA
796.95
dd
08/29/03
CAVE CHRISTOPHER
2,967.22
dd
08/29/03
DUCHARME, JOHN
2,145.85
dd
08/29/03
LINDBLOM, RANDAL
2,169.35
dd
08/29/03
MURRA, AARON
1,041.37
dd
08/29/03
PECK, DENNIS
2,218.68
dd
08/29/03
PRIEBE, WILLIAM
2,214.06
dd
08/29103
SCHACHT, ERIN
2,005.45
dd
08/29/03
TATE, FRANK
1,622.55
dd
08/29/03
VERMEERSCH, CHARLES
1,912.65
dd
08/29/03
ANDERSON, BRUCE
3,654.44
dd
08/29/03
DOHERTY, KATHLEEN
1,666.06
dd
08/29/03
HERSOM, HEIDI
1,842.25
dd
08/29/03
RIDLEHOOVER, KATE
680.00
dd
08/29/03
BORGLUM, DUSTIN
834.00
dd
08/29/03
LUND, ERIC
480.00
dd
08/29/03
MARUSKA, MARK
2,439.86
dd
08/29/03
NAUGHTON, JOHN
1,502.25
dd
08/29/03
SCHINDELDECKER, JAMES
1,734.25
dd
08/29/03
BIESANZ, OAKLEY
1,324.69
dd
08/29/03
HAYMAN, JANET
938.68
dd
08/29/03
HUTCHINSON, ANN
2,031.16
dd
08/29/03
KOS, HEATHER
448.50
dd
08/29/03
NELSON, JEAN
971.18
dd
08/29/03
FOERG, ELIZABETH
660.00
15
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
16
CHECK # CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
08/29/03
GAYNOR, VIRGINIA
1,827.05
dd
08/29/03
EKSTRAND, THOMAS
2,558.53
dd
08/29/03
KROLL, LISA
1,065.48
dd
08/29/03
LIVINGSTON, JOYCE
923.37
dd
08/29/03
SINDT, ANDREA
1,439.86
dd
08/29/03
THOMPSON, DEBRA
614.66
dd
08/29/03
YOUNG, TAMELA
1,339.85
dd
08/29/03
FINWALL, SHANN
1,968.65
dd
08129/03
ROBERTS, KENNETH
2,399.71
dd
08/29/03
CARVER, NICHOLAS
2,346.15
dd
08/29/03
FISHER, DAVID
2,794.18
dd
08/29/03
RICE, MICHAEL
1,415.05
dd
08/29/03
SWAN, DAVID
1,757.45
dd
08/29/03
KONEWKO, DUWAYNE
2,254.26
dd
08/29/03
ANZALDI, MANDY
1,141.00
dd
08/29/03
WORK, BRANDON
532.00
dd
08/29/03
FINN, GREGORY
1,862.74
dd
08/29/03
GERVAIS, DAVID
212.50
dd
08/29/03
GRAF, MICHAEL
1,678.82
dd
08/29/03
KELLY, LISA
1,245.79
dd
08/29/03
LUSHANKO, ADAM
120.00
dd
08/29/03
PETERS, TRISHA
337.50
dd
08/29/03
ROBBINS, AUDRA
1,731.22
dd
08/29/03
STROBEL, JESSICA
280.00
dd
08/29/03
TAUBMAN, DOUGLAS
2,562.64
dd
08/29/03
BREHEIM, ROGER
1,675.47
dd
08/29/03
NORDQUIST, RICHARD
607.33
dd
08/29/03
SCHULTZ, SCOTT
1,888.19
dd
08/29/03
CROSSON, LINDA
2,162.18
dd
08/29/03
EASTMAN, THOMAS
2,345.93
dd
08/29/03
MAROUSHEK, KRISTIN
666.50
dd
08/29/03
PARTLOW, JOSHUA
133.44
dd
08/29/03
PELOQUIN, PENNYE
522.16
dd
08/29/03
SCHMIDT, RUSSELL
1,643.88
dd
08/29/03
STAPLES, PAULINE
2,641.74
dd
08/29/03
ABRAHAMSON, REBECCA
193.55
dd
08/29/03
BADEN, ALISON
124.50
dd
08/29/03
BRENEMAN, NEIL
397.40
dd
08/29/03
CORNER, AMY
86.40
dd
08/29103
ERICKSON, CAROL
22.50
dd
08/29/03
FONTAINE, ANTHONY
233.89
dd
08/29103
GUZIK, JENNIFER
167.83
dd
08/29/03
HALEY, BROOKE
230.75
dd
08/29/03
HORWATH, RONALD
1,648.82
dd
08/29/03
IRISH, GRACE
27.84
dd
08129/03
IRISH, KARL
211.38
16
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
17
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
dd
08/29/03
KOEHNEN, AMY
41.10
dd
08/29/03
KOEHNEN, MARY
457.42
dd
08/29/03
KRONHOLM, KATHRYN
777.90
dd
08/29/03
LINDSTROM, AMANDA
92.48
dd
08/29/03
SCHAEFER, ROB
108.75
dd
08/29/03
SCHULTZ, PETER
92.48
dd
08/29/03
THOEMKE, MARIE
162.50
dd
08/29/03
TUPY, HEIDE
93.50
dd
08/29/03
TUPY, MARCUS
229.31
dd
08/29/03
ZIELINSKI, JENNIFER
57.85
dd
08/29/03
GROPPOLI, LINDA
284.75
dd
08/29/03
RENSLOW, RITA
368.78
dd
08/29/03
SHERRILL, CAITLIN
169.38
dd
08/29/03
CRAWFORD - JR, RAYMOND
83.40
dd
08/29/03
LONETTI, JAMES
912.89
dd
08/29/03
MILES, LAURA
177.80
dd
08/29/03
PATTERSON, ALBERT
948.36
dd
08/29/03
PRINS, KELLY
848.29
dd
08/29/03
REILLY, MICHAEL
1,420.65
dd
08/29/03
STEINHORST, JEFFREY
65.10
dd
08/29/03
ZIEMER, NICOLE
27.40
dd
08/29/03
AICHELE, CRAIG
1,743.86
dd
08/29/03
PRIEM, STEVEN
1,950.25
dd
08/29/03
BERGO, CHAD
1,933.93
dd
08/29/03
FOWLDS, MYCHAL
1,711.45
dd
08/29/03
HURLEY, STEPHEN
2,794.18
Wf
94627
08/29/03
CARDINAL, ROBERT
406.20
Wf
94628
08/29/03
WASILUK, JULIE
357.47
Wf
94629
08/29/03
KARSTENS, BRAD
112.50
Wf
94630
08/29/03
JAHN, DAVID
1,501.35
Wf
94631
08/29/03
MALDONADO, JUANA
506.55
Wf
94632
08/29/03
MORIN, TROY
233.75
Wf
94633
08/29/03
MATHEYS, ALANA
1,793.85
Wf
94634
08/29/03
GENNOW, PAMELA
331.50
Wf
94635
08/29/03
HANSEN, LORI
1,645.46
Wf
94636
08/29/03
VIETOR, LORRAINE
1,778.34
Wf
94637
08/29/03
PALANK, MARY
1,636.62
Wf
94638
08/29/03
RICHIE, CAROLE
1,679.22
wf
94639
08/29/03
SVENDSEN, JOANNE
1,901.07
Wf
94640
08/29/03
LANGNER, SCOTT
1,553.52
Wf
94641
08/29/03
SHORTREED, MICHAEL
3,550.86
Wf
94642
08/29/03
STEINER, JOSEPH
453.00
Wf
94643
08/29/03
WELCHLIN, CABOT
2,301.63
Wf
94644
08/29/03
BOYER, SCOTT
1,758.65
Wf
94645
08/29/03
COUNIHAN, WILLIAM
170.00
Wf
94646
08/29/03
FREBERG, RONALD
1,770.46
17
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
iv
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
wf
94647
08/29/03
HAAG, ROBERT
360.00
Wf
94648
08/29/03
JONES, DONALD
1,701.45
Wf
94649
08/29/03
STEWART, RYAN
720.00
wf
94650
08/29/03
GROVER, MICHAEL
802.52
Wf
94651
08/29/03
JAROSCH, JONATHAN
808.30
wf
94652
08/29/03
EDSON, DAVID
1,768.46
Wf
94653
08/29/03
HELEY, ROLAND
1,770.77
wf
94654
08/29/03
HINNENKAMP, GARY
1,819.05
wf
94655
08/29/03
LINDORFF, DENNIS
1,736.55
Wf
94656
08/29/03
NAUGHTON, RYAN
720.00
Wf
94657
08/29/03
NIEMCZYK, ANTHONY
640.00
wf
94658
08/29/03
NOVAK, MICHAEL
1,621.45
Wf
94659
08/29/03
GERNES, CAROLE
847.50
Wf
94660
08/29/03
SOUTTER, CHRISTINE
10125
Wf
94661
08/29/03
ANZALDI, KALI
400.50
Wf
94662
08/29/03
BALLESTRAZZE, THAD
777.00
Wf
94663
08/29/03
BOTHWELL, KRISTIN
273.38
Wf
94664
08/29/03
DAMIANI, ROBERT
390.00
Wf
94665
08/29/03
DEGREE, AMANDA
369.76
Wf
94666
08/29/03
FRANK, SARAH
51.00
wf
94667
08/29/03
FREYBERGER RACHEL
547.50
Wf
94668
08/29/03
GEBHARD, JILLIAN
860.00
Wf
94669
08/29/03
GOODRICH, CHAD
535.50
Wf
94670
08/29/03
O'GRADY, ZACHARY
112.00
Wf
94671
08/29/03
OHLHAUSER, MEGHAN
765.38
Wf
94672
08/29/03
RYDEL, RACHEL
63.75
Wf
94673
08/29/03
SPIELMAN, CHRISTA
600.00
Wf
94674
08/29/03
WERNER, KATIE
406.88
Wf
94675
08/29/03
YOUNG, SHAWN
119.00
wf
94676
08/29/03
GERMAIN, DAVID
1,741.17
Wf
94677
08/29/03
HAAG, MARK
1,575.86
Wf
94678
08/29/03
NADEAU, EDWARD
2,643.39
Wf
94679
08/29/03
BEHR HEATHER
199.75
Wf
94680
08/29/03
BROWN, LAURIE
277.50
Wf
94681
08/29/03
DISKERUD, HEATHER
248.50
Wf
94682
08/29/03
GLASS, JEAN
1,438.89
Wf
94683
08/29/03
MOY, PAMELA
383.24
wf
94684
08/29/03
NIELSEN, JENNIFER
47.60
wf
94685
08/29/03
SHOBERG, CARY
718.84
Wf
94686
08/29/03
TOLBERT, FRANCINE
24420
Wf
94687
08/29/03
TOOMBS, CARDELL
146.20
Wf
94688
08/29/03
UNGER, MARGARET
509.32
Wf
94689
08/29/03
ANDERSON, CALEB
133.58
Wf
94690
08/29/03
BACHMAN, NICOLE
292.60
Wf
94691
08/29/03
BITTNER, KATIE
240.00
Wf
94692
08/29/03
CHAPMAN, JENNY
387.73
iv
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
19
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
Wf
94693
08/29/03
COSTA, JOSEPH
244.20
Wf
94694
08/29/03
DEMPSEY, BETH
43.20
wf
94695
08/29/03
DOTY, JANET
327.21
wf
94696
08/29/03
DUNN, RYAN
583.83
Wf
94697
08/29/03
FALKENSTEIN, MONICA
261.80
Wf
94698
08/29/03
FENGER, JUSTIN
32.20
Wf
94699
08/29/03
FINNEGAN, KAREN
74.80
wf
94700
08/29/03
FONTAINE, KIM
150.27
Wf
94701
08/29/03
FRETZ, SARAH
524.33
wf
94702
08/29/03
GRANT, MELISSA
193.93
Wf
94703
08/29/03
GRUENHAGEN, LINDA
420.85
Wf
94704
08/29/03
HAUSER, KATHRYN
29.70
Wf
94705
08/29/03
HOLMGREN, LEAH
780.38
Wf
94706
08/29/03
HOULE, DENISE
129.30
Wf
94707
08/29/03
HUPPERT, ERIN
620.47
Wf
94708
08/29/03
JOHNSON, ROBERT
282.04
Wf
94709
08/29103
JOHNSON, STETSON
701.63
Wf
94710
08/29/03
KERSCHNER, JOLENE
41.23
Wf
94711
08/29103
MCMAHON, MELISSA
368.55
Wf
94712
08/29/03
MELCHER, ROBERT
114.74
wf
94713
08/29/03
MILLS, ANNE
243.06
Wf
94714
08/29/03
MOSSONG, ANDREA
415.45
Wf
94715
08/29/03
OLSON, MARGRET
163.20
Wf
94716
08/29/03
OTTESON, JANET
72.00
Wf
94717
08/29/03
OWEN, JONATHAN
187.25
Wf
94718
08/29/03
PEHOSKI, JOEL
536.76
Wf
94719
08/29/03
PROESCH, ANDY
425.19
Wf
94720
08/29/03
RENSTROM, KEVIN
247.88
Wf
94721
08/29/03
SMITLEY, SHARON
111.00
wf
94722
08/29/03
WAGNER, ERIC
88.00
Wf
94723
08/29/03
WARNER, CAROLYN
133.20
Wf
94724
08/29/03
WEDES, CARYL
129.90
Wf
94725
08/29/03
WELTER, ELIZABETH
564.73
Wf
94726
08/29/03
WHITE, NICOLE
534.71
Wf
94727
08/29/03
WILLIAMS, KELLY
206.50
Wf
94728
08/29/03
WOODMAN, ALICE
40.00
Wf
94729
08/29/03
BOSLEY, CAROL
259.48
Wf
94730
08/29/03
ESALA, HOPE
94.25
Wf
94731
08/29/03
FARLEY, JAMIE
190.00
Wf
94732
08/29/03
KURKOSKI, STEPHANIE
22.75
Wf
94733
08/29/03
NORLIN, AMANDA
93.00
Wf
94734
08/29/03
ODDEN, JESSICA
99.00
Wf
94735
08/29/03
CIE, REBECCA
64.50
Wf
94736
08/29/03
QUINN, KELLY
75.00
Wf
94737
08/29/03
VAN HALE, PAULA
52.00
Wf
94738
08/29/03
BEHAN, JAMES
1,537.25
19
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
20
CHECK #
CHECK DATE
EMPLOYEE NAME
AMOUNT
Wf
94739
08/29/03
CHIGINSKY, APRIL
239.40
Wf
94740
08/29/03
COLLINS, ASHLEY
166.80
Wf
94741
08/29/03
DOUGLASS, TOM
904.84
Wf
94742
08/29/03
HER, CHONG
69.85
Wf
94743
08/29/03
KYRK, ASHLEY
332.50
Wf
94744
08/29/03
LOGAN, HEATHER
701.00
wf
94745
08/29/03
NAGEL, BROOKE
107.95
Wf
94746
08/29/03
PETSCHEN, DANIEL
101.60
Wf
94747
08/29/03
QUIWONKPA, THOMAS
95.25
Wf
94748
08/29/03
SARPONG, SEAN
492.05
Wf
94749
08/29/03
SCHULZE, BRIAN
358.60
wf
94750
08/29/03
YOUNG, MATTHEW
145.00
Wf
94751
08/29/03
MULVANEY, DENNIS
1,911.48
419,159.28
20
AGENDA ITEM G -2
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
Ed Nadeau, Utility/VEM Superintendent
SUBJECT: Fuel Tank Monitoring System Purchase
DATE: September 2, 2003
Introduction
The 2003 Public Works Capital Outlay budget includes funds for replacement of a fuel tank
monitoring system.
Background
The fuel tank monitoring system was installed in 1992. The equipment is in need of repair, and
replacement parts are no longer manufactured. Quotations were received for a new monitoring
system from Pump and Meter Service Inc. for $34,046.50 and Zahl Petroleum Maintenance
Company for $28,948.00.
Recommendation
Request city council authorization to enter into a contract with Zahl Petroleum Maintenance
Company for the purchase of Veeder -Root TLS -350 Plus Monitoring System for $28,948.00.
EN
Jw
AGENDA NO. G3
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Clerk
DATE: August 28, 2003
RE: Intoxicating Liquor and Food Licenses
Introduction
Diane Tibodeau, Fall Festival Chair for St. Jerome's Church, has submitted a request
for a "strong beer" and wine license and a temporary food license. The city does not
have a strong beer /wine license so we will be issuing a temporary intoxicating liquor
license to them. This is St. Jerome's annual fall festival and Booya and will be held
on the school and church grounds located at 380 E. Roselawn Avenue. Ms. Tibodeau
is requesting the licenses for use on September 21, 2003 and October 26, 2003. The
purpose of the event is to raise funds for the church.
As required, a certificate of coverage for liquor liability insurance from Catholic
Mutual with an endorsement protecting the City was required and received.
Chief Thomalla will meet with event organizers to discuss security measures and to
ensure that alcohol restrictions are met.
Recommendation
It is recommended that council approve the above application requests.
Agenda Item # G4
TO: Richard Fursman, City Manager
FROM: Karen Guilfoile, City Clerk
RE: Temporary Gambling Resolution
DATE: August 29, 2003
Charlene Krepel, on behalf of the 622 Education Foundation, has applied for a temporary
gambling license to conduct a raffle. They have also requested that the $50.00 fee for the
license be waived. This temporary gambling resolution will be used on November 12,
2003 from 4:00 p.m. to 10:00 p.m. In order for the State of Minnesota to issue a
temporary license, approval of the following resolution from the City is required.
RESOLUTION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota,
that the temporary premises permit for lawful gambling is approved for the 622
Education Foundation.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for
their approval.
AGENDA REPORT Agenda Item G5
To: Richard Fursman, City Manager
From: David J. Thomalla, Chief of Police
Date: 9/3/2003
Re: Retailer Protection Association Agreement
Introduction
The Maplewood Police Department has traditionally been involved in the investigation of
those who issue dishonored checks. This is a process, which involves a great deal of
investigative resources, which often does not result in criminal prosecution. Due to
requirements of the courts, many steps must be taken before prosecution may take place.
Often times, the dishonored check writer pays restitution, thus avoiding prosecution. Rather
than a criminal investigative role, the Police Department serves merely as a collection agency
without benefit to the City.
Background
The Retailer Protection Association (RPA) is a non - profit organization that provides a
diversion program for individuals who issue dishonored checks. The program provides
restitution to the victim and reduces the caseload of the congested criminal Justice
System. The majority of dishonored checks are for small amounts that are
misdemeanor violations.
The Maplewood Police Department does not accept dishonored checks if the dollar
amount is less than $100.00. The Bad Check Program offers retailers an alternative to
collection agencies or trying to handle the cases themselves. The program does not
increase the Police Department's or City Attorney's caseload or duties with dishonored
checks. Criminal prosecution remains an option if the defendant does not comply with
the program and prosecutorial guidelines are met. The City will receive a $5.00 fee for
every successful diversion.
The program offers benefits to the retailers and businesses and does not impact the
Police Department caseload. The City Attorney has been given a copy of the
agreement to review.
Recommendation
Approve the proposed agreement between the City and Retailers Protection Association
to set up a bad check program to handle dishonored checks through a pretrial diversion
process.
Action Required
Approve entering into an agreement between the City of Maplewood and the Retailers
Protection Association.
WORTHLESS CHECK PROGRAM AGREEMENT
FOR THE
CITY OF MAPLEWOOD, MN
1. Contractual Agreement - This Agreement is made and entered into this day of
, 2003, by and between the City of Maplewood, State of Minnesota, and Retailers
Protection Association ( "RPA" hereafter), of P.O. Box 981, Anoka, Minnesota.
2. Purpose — The purpose of this Agreement shall be to implement a Worthless Check Diversion
Program (statute 628.69) for the City of Maplewood.
This program provides an alternative to criminal prosecution of individuals who issue worthless
check(s) to merchants and businesses. The program will assist the Maplewood Police Department
and other law enforcement agencies in obtaining records to assist in the investigation and
prosecution of individuals issuing worthless checks. This program will provide that the victim is
paid full restitution from the offender who has issued the worthless check along with financial
training for the first -time offender. First -time offenders who participate in this program will be
diverted (also known as Pre -Trial Diversion Program) from prosecution. RPA will assist the City
Attorney and Victims in obtaining full restitution for victims of non - sufficient funds (NSF) checks
and account closed (AC) checks. RPA is responsible for managing pertinent case files and
conducting financial education classes for first time offenders.
RPA may also provide Other Per -trial Diversion Programs involving property crimes such as
shoplifting, credit card fraud, and other related property crimes. Each city and/or county attorney
may contract additional service and amend this contract to include these services Typically these
property crime cases involve first time offenders and will require the offender to cover cost of the
program, recovery of property, collection of any state statute civil penalties, direct cost to
victims) and require training classes relating to victim impact.
Other Pre -trial Diversion Programs (first time offender)
A. City and /or County may establish a pre -trail property division program as permitted by
state statute or city ordnance.
B. Prior to entering Other Property Crimes Diversion Program the offender will be
responsible in paying full restitution, civil penalties as they may apply fie civil penalty
for shoplifting), any direct cost to the victim fie cost to replace or repair property).
C. The offender prior to entering the other pre -trial diversion program must pay all
restitution, civil penalties that apply, and cost of training class.
3. Contract Terms - This Agreement shall be in force for a period of three (3) years, beginning upon
the date of city approval. Termination provisions of this Agreement are provided in sections 9 and
11.
4. Definitions:
A. Victim — the business or person who accepted a dishonored check for goods or services
and suffered the financial loss. The victim must be in good standing with the City of
Maplewood licensing Department.
B. Offender — the individual who has enrolled in the Worthless Check Program voluntarily
or has been ordered by the Court to complete the Worthless Check or other diversion
programs.
C. Restitution Recovery — Dollar recovery of face value (or written amount) of a dishonored
check(s), property damage, as well as administrative fees, civil penalties, bank fees as
appropriate and law enforcement costs.
D. Financial Education Class Fees — The fees associated with the training classes the
offender attends as part of their restitution Agreement.
Worthless checks $ 85.00
Other Pre -Trial Offenses $210.00
5. City Support — The following is needed for the implementation of the program:
A. City Attorney and Police designees will assist RPA in organizing and implementing the
restitution program with courts and law enforcement personnel. The designee will also provide
guidance in publicizing the program to the business community.
B. City Attorney and Police designees will conduct as needed meetings with key RPA staff to
offer procedural guidance, evaluate program performance, and provide support and direction.
C. City Attorney and Police Department shall implement departmental policies that are consistent
with the fulfillment of the terms of this Agreement.
6. Performance Agreement - RPA agrees to provide the following professional services to the City of
Maplewood in a timely and efficient manner. RPA will provide the following level of administrative
services and offender education classes:
A. Perform daily operations and management of all clerical and accounting functions related to
offenders of NSF checks to be included in the Maplewood Worthless Check Program.
B. Perform daily operations and management of all clerical and accounting functions related to
offenders of Property Crimes
C. Generation of demand notices to worthless check writers, and follow through with respect to
the collection and disbursement of victim restitution, administrative fees, and RPA education training
class fees.
D. Provide necessary correspondence and follow -up telephone inquiries to victims and offenders.
E. Properly maintain all physical files, financial records, documentation, reports, computer files,
etc. for a period of no more than six (6) years.
F. Provide voluntary (unless mandated by state statutes) worthless check offender financial
management education classes.
G. Conduct classes designed to teach and provide meaningful information and lessons to
offenders on criminal consequences of Property Crimes. as well as focus on personal management.
H. Scheduling of all classes. The training will require 6 hours of class time. Sessions will be held
in the City of Maplewood and /or surrounding cities. These training sessions may be jointly held with
other metro communities. Class size to not exceed 30 attendees.
I. Maintain records of offenders making restitution, payment of fees, attendance records of
offenders completing as well as failing to attend the training session.
J. Maintain records of payment to the victims and City of Maplewood fees on a monthly basis.
K. Provide reports to the City of Maplewood; annual, quarterly, monthly financial revenues,
completed offender classes, and related reports as required by the City and law enforcement.
L. Offenders who refuse to enroll into the program or fail to complete the program will be
reported.
Program Onerational Fees /Revenue:
1. Victim
A. The victim will be reimbursed any money recovered from the offender.
2. Check Diversion will be governed by
A. Minnesota Statutes, section 604.113 subdivision 2, paragraph (a) allows for the collection
of a service charge on dishonored checks with a not to exceed value of $30.00.
B. Minnesota Statute 609.535
C. The fee for offenders to attend the educational class will be $85.00. This fee will be
retained by RPA to conduct these classes. This class may be waived by RPA, provided
that the offender pays the face value and civil penalty within Fourteen (14) working days.
D. A fee of $20.00 will be assessed to an offender who fails to appear at education class and
has to re- schedule for the class. This fee will be assessed each time the offender has to
re- schedule. This may occur up to three (3) times before referring the offender to the
Police as failing to appear.
8. Non - Compete — During the term of this agreement the City shall not establish a competing
worthless check program or participate in another program offering the same or similar services as
those described in this Agreement.
9. Agreement Date - This Agreement shall remain in effect from , 2003, to
, 2006. And shall be automatically renewable. Either party may
give a thirty -day (30) notice in writing that said party wishes to terminate this Agreement.
10. City has no financial liability - It is understood and agreed by and between the parties that RPA
any subcontractor (CSS) will bear all financial liability for all aspects of its operations under this
Agreement.
11. Termination of this agreement
A. This Agreement may be terminated by either party upon 30 days written notice to RPA or
the authorized agent of the City. This Agreement may be terminated by RPA upon 30 days
written notice to the authorized agent of the City if RPA determines that it cannot conduct or
administer the Worthless Check program because program - related income does not equal program
costs.
B. This Agreement may be immediately terminated by the City at any time if the City
determines that RPA and/or CSS (Computer Support Services, see section 16 of this Agreement)
is acting, or has acted at any time during the term of this Agreement, in violation of state or federal
law.
12. Amendments or Material Modifications - All amendments or modifications to this Agreement
must be in writing and approved by both parties.
13. No City Obligation to Merchants - RPA, CSS, and victims who participate in this program fully
understand that the Worthless Check Program is providing a public service and the City of
Maplewood is held harmless and has no liability to make recovery of any check(s) or obligated to
take criminal action against offender(s).
14. Criminal Action — The City Attorneys Office for the City of Maplewood may choose to prosecute
offender(s) at its sole discretion. In the case where the offender fails to participate or complete
Agreements with RPA and victim(s).
15. Hold Harmless and Indemnification:
A. RPA and CSS shall save and protect, hold harmless, indemnify and defend the City, its
officers and employees against any and all claims, causes of action, suits, liabilities, losses,
charges, damages or costs and expenses arising from or allegedly arising from, or resulting
directly or indirectly from any professional errors and omissions and/or negligent or willful acts or
omissions of RPA and CSS its employees and agents, in the performance of this Agreement.
B. The City shall save and protect, hold harmless, indemnify and defend RPA and CSS, its
officers and employees against any and all claims, causes of action, suits, liabilities, losses,
charges, damages or costs and expenses arising from or allegedly arising from or resulting directly
or indirectly from any professional errors and omissions and/or negligent or willful acts or
omissions of the City, its employees and agents, in the Performance of this Agreement.
16. Independent Contractor:
A. Nothing contained in this Agreement is intended to or shall be construed in any manner
as creating or establishing the relationship of employer /employee between the parties. RPA shall
at all times remain as independent contractor with respect to the services to be provided under this
Agreement.
B. The City shall be exempt from payment of all unemployment insurance, FICA,
retirement, life and medical insurance and workers' compensation insurance for any and all of
RDA's and CSS's employees and agents. Payment of insurance premiums, tax withholding, and
all other benefits are strictly RPA and CSS responsibility.
17. Subcontractor - RPA shall neither subcontract any portion of the work to be performed under this
Agreement nor assign this Agreement without the prior written approval of the authorized agent of
the City. The only exception is to use CSS as a subcontractor. RPA shall ensure and require that
the subcontractor agrees to and complies with all of the terms of this Agreement. Any
subcontractor of RPA used to perform any portion of this Agreement shall report to and bill RPA
directly. RPA shall be solely responsible for the breach, performance, or nonperformance of any
subcontractor.
18. Data Practice - RPA agrees to comply with the Minnesota Government Data Practices Act and all
other applicable state and federal laws relating to data privacy or confidentially. The RPA will
immediately report to the department head signing this agreement any request from a third parties
for information relating to this agreement. The City agrees to promptly respond to inquiries from
RPA concerning data request. RPA agrees to hold the City, its officers, department head and
employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of
data protected under state and federal laws.
19. Compliance with the Law - RPA agrees to abide by the requirements and regulations of The
American with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Star.
C.363), the Maplewood Civil Rights Ordinance (Ch. 139), and Title VII of the Civil Rights Act of
1964. These laws deal with discrimination based on race, gender, disabilities, religion, and with
sexual harassment, the city agrees to promptly supply all necessary clarifications. Violation of any
of the above can lead to the termination of this Agreement.
20. Entire Agreement - This entire Agreement supersedes any and all other Agreements, either oral or
written, between the parties hereto with respect to the subject matter hereof, and contains all of the
Agreements between the parties with respect to said matter. Each party to this Agreement
acknowledges that no representations, inducements, promises, or Agreements, oral or otherwise,
have been made by either party which are not embodied herein, and that no other Agreements,
statements, or promises not contained within this Agreement shall be valid or binding. All
provision contained within this Agreement shall be valid or binding. The laws of Minnesota and
the United States of America shall govern all provisions within this Agreement.
21. Audits and Inspections - The City Attorney's office or designated representative or other
governmental agency exercising regulatory function over the City's business activities, while
exercising reasonable, non - disruptive procedures, may inspect RPA and/or CSS records at
anytime.
22. Notice — Any notice to be given hereafter by either party to the other, shall be in writing and may
be affected by personal delivery, or by registered mail, return receipt requested, addressed to the
proper party, at the following addresses:
23. Insurance - RPA agrees to provide and maintain, at its own cost and at all times during its
performance under this contract until completion of the work, such liability insurance coverage as
is set forth below, and to otherwise comply with the provision that follow:
A. Workers Compensation: Workers Compensation insurance in compliance with all
applicable statutes.
B. Auto Insurance — Owned and unowned
C. General Liability: "Commercial General Liability Insurance" (Insurance Service Office
policy form title), or equivalent policy form, providing coverage on an "occurrence ", rather than
on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily
injury, property damage, personal injury, contractual liability (applying to this contract),
Independent Contractors, and Products - Completed Operations Liability. Coverage for explosions,
collapse and underground Hazards shall not be included.
Such a policy shall name the city as an additional insured thereunder, and shall apply on a primary
basis with respect to any similar insurance maintained by the City, which other insurance of the
City, if any, shall apply excess of RPA's insurance and not contributed therewith. RPA agrees to
maintain Products - Complete Operations coverage on a continuing basis for period of at least two
after date of completion
Such Commercial General Liability insurance policy shall provide a combined single limit in the
amount of at least $1,000,000 (one million) Each Occurrence, applying to liability for bodily
injury and property damage, and a combined single limit of at least the same amount applying to
liability for Personal injury and Advertising injury. Such minimum limits may be satisfied by the
limit afforded under Firm's Commercial General Liability Insurance Policy, or by such Policy in
combination with limits afforded by a Umbrella or Excess Liability Policy (or policies); provided,
that the coverage afforded under any such Umbrella or Excess Policy is at least in all material
respects as broad as that afforded by the underlying Commercial Liability Policy, and further that
the City is included as an additional Insured thereunder.
Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies)
may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such
aggregated limits are not at any time during which such coverage is required to be maintained
hereunder reduced to less than the required Each Occurrence limited stated above, and further, that
the Umbrella or Excess Liability provides from the point that such aggregate limits in the
underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or
Excess Liability Policy which "drops down" to respond immediately over reduced underlying
limits, or in place of exhausted underlying limits, but subject to a deductible or "retention"
amount, shall be acceptable in this regard so long as such deductible or retention amount does not
cause the firm total deductibles or retention for Each Occurrence to exceed $10,000.
D. Property Liability
E. Professional Liability: Professional or "Error & Omissions ")
Liability Insurance in the amount of at least $500,000, Each Occurrence (or "Wrongful Act" or
equivalent) and if applicable, Aggregate, covering RPA's Liability for negligent acts, errors, or
omissions in the performance of professional services in connection with this Agreement. RPA's
Professional Liability Insurance may afford coverage on an occurrence basis or on a claims basis.
It is however, acknowledged and agreed by the RPA that under claims -made coverage changes in
insurers or in insurance policy forms could result in the impairment of the liability insurance
protection intended for the City hereunder. RPA therefore agrees that it will not seek or
voluntarily accept any such change in its Professional Liability Insurance coverage if such
impairment of the protection for the City could result: and further, that it will exercise it's right
under any Extended Reporting Period" ( "tail coverage ") or similar claims -made policy option if
necessary or appropriate to avoiding impairment of such protection.
RPA further agrees that it will, throughout the entire period of 3 years keep required coverage and
for an additional period of two (2) years following completion of this agreement, immediately:
(a) advise the City of any intended or pending change in Professional Liability inures or in policy
forms, and provided the City with all pertinent information that the City may reasonably request to
determine compliance with this paragraph; and (b) advise the City of any claims or threat of
claims that might reasonably be expected to reduce the amount of such insurance remain available
for the protection of the City.
THEREFORE: IN WITNESS OF, the parties have executed the Agreement as of the data first written
above
Retailers Protection Association, Inc. City of Maplewood
By
By
(Executive Director, John McCullough) (Mayor or Chief of Police)
RPA Federal ID # 41- 1893900 Attested
(City Administrator
Agenda # G -6
MEMORANDUM
TO: City Manager
FROM: Tom Ekstrand, Assistant Community Development Director
SUBJECT: Legacy Village at Maplewood - Final Plat
LOCATION: South of County Road D between Hazelwood Street and Southlawn Drive
DATE: September 2, 2003
INTRODUCTION
The Hartford Group is requesting that the city council approve their Legacy Village final
plat. This plat would create the lots and outlots for the various parts of Legacy Village
planned unit development that the city council approved on July 14, 2003. Refer to the
Location Map on page 3 and the final plat on pages 4-5.
Outlot H is the for -sale townhome portion of the site that will be subdivided and
developed by another developer. The preliminary plat for that portion will be submitted
in the next few weeks.
Project Description
Legacy Village is a mixed -use development consisting of rental townhomes and a senior
assisted - living apartment building in the first phase to be constructed by Hartford.
Future development by others includes commercial uses of various kinds on the east
side of the site fronting Southlawn Drive, a multi - family site of 50 units in the northeast
corner of the site, a corporate office site in the middle of the property, and for -sale
townhomes in the southwest quadrant of the site. Two public park areas, linked by
sidewalks, trails and several ponding areas, will provide active and passive recreation for
the project.
BACKGROUND
July 14, 2003: The city council approved the planned unit development, comprehensive
plan amendment, tax - abatement plan and preliminary plat for Legacy Village. The
preliminary plat conditions are as follows:
1) Public street right -of -way will be dedicated for County Road D, Kennard Street,
Legacy Parkway and Southlawn Drive as recommended by city engineering
consultant Jon Hom in his memorandum. In addition, the applicant shall
dedicate the necessary right -of -way for a sidewalk along the County Road D
alignment, subject to the city engineer's approval.
2) Outlot F and Outlot I will be dedicated to the city for public park purposes as
recommended and approved by the city parks director.
3) An easement over the power line trail will be dedicated to the city as required by
the city engineer and parks director, and as modified by conditions of approval
for the PUD.
4) Wetland buffer easements shall be shown around the wetlands on the site. The
applicant shall dedicate these wetland buffer easements to the City of
Maplewood.
DISCUSSION
Jon Horn, of Kimley -Hom and Associates, the city's engineering consultant, has
reviewed the final plat. Refer to the comment report on page 6 from Chuck AN and Mr.
Horn. This report outlines several changes that the applicant must make prior to
recording the final plat with Ramsey County. For the most part, the required changes
are dimensional ones and will be corrected.
The preliminary plat required that Outlot F (the large wetland in the southeast comer of
the development) and Outlot I (the proposed park land beneath the power lines) be
dedicated to the city for public park purposes. The cost for Outlot I could not be
negotiated with the applicant. This parcel will be incorporated with Outlot H, the 20 -acre
lot planned as for -sale townhomes, for greenspace and to provide for local playground
needs or with Lot 1, Block 1 or Lot 1, Block 2 with the rental townhomes.
The applicant has shown the wetlands covered by drainage and utility easements. This
is appropriate for the final plat. The applicant must still dedicate the wetland and
wetland -buffer easements on separate documents for recording.
RECOMMENDATION
Approve the final plat for Legacy Village of Maplewood subject to complying with the
following before submitting the final plat to Ramsey County for recording:
1. Revise the final plat making the changes required by Chuck AN and Jon Horn in
their report dated August 28, 2003.
2. Dedicate a trail easement beneath the power lines. The location of this trail shall
be subject to the approval of the city engineer.
3. Dedicate the wetland and wetland -buffer easements to the City of Maplewood.
p: sec3 \Legacy.fi na I plat
Attachments:
1. Location Map
2. Final Plat Reduction date - stamped August 20, 2003
3. Review Comments from Jon Horn and Chuck AN dated August 28, 2003
y
2
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Attachment 3
Legacy Village of Maplewood Final Plat Review Comments from Engineering staff
1. The platted right -of -way for Kennard Street at Legacy Parkway does not include area for the
roundabout. SHE has provided information to HTPO detailing the changes needed to
accommodate the roundabout. The plat must be changed accordingly.
2. The platted right -of -way alignment for Legacy Parkway is slightly different than the
alignment that SEH has in the Kennard Street plans. SEH will make sure that that Legacy
Parkway alignment staked in the field during the construction of Kennard Street matches the plat.
Future final design plans for Legacy Parkway will also match the plat. No revisions to the plat are
needed for this.
3. The platted right -of -way width for Legacy Parkway is 62.5 feet. The City standard is 60 feet
of right -of -way. The plat should be modified to include a 60 -foot width.
4. The platted right -of -way for County Road D matches the information that URS provided
including the existing 33 feet along with 17 feet of additional right -of -way. They have also
included an additional 8 feet of right -of -way width for right -turn lanes at Kennard Street and
Southlawn Drive. This is acceptable and no changes are needed.
5. The platted right -of -way for Hazelwood Street matches the information that URS provided.
6. The platted right -of -way for Southlawn Drive matches what was requested.
7. The City has a requirement for the dedication of drainage and utility easements around the
perimeter of each lot created as a part of the plat? This should be added to the final plat.
8. The plat includes a 20 -foot wide utility easement along the proposed watermain. This is a
requirement of SPRWS even though this is a private watermain. A final condition of the plat is
that the City Engineer will need to firm with SPRWS the exact location of the private mains.
Let me know if you have questions or we need to discuss
Chuck Ahl, City Engineer
Jon Horn, Kimley -Horn and Associates
August 28, 2003
0
f
DEVELOPMENT AGREEMENT
RELATING TO THE
LEGACY VILLAGE PROJECT
CITY OF MAPLEWOOD, MINNESOTA
BETWEEN
CITY OF MAPLEWOOD, MINNESOTA
AND
LEGACY HOLDINGS —MW LLC
Effective Date: September 8, 2003
This document drafted by:
Briggs and Morgan, P.A. (DJQ
W2200 First National Bank Bldg-
332 Minnesota Street
St. Paul, MN 55101
1559220vdoc
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u�erli ned
clna�,aQs .
qJ
TABLE OF CONTENTS
Pa
1. RECITALS .............................................................. ...................................................... I
2. GENERAL REPRESENTATIONS AND COVENANTS OF DEVELOPER
................. 4
3. CONSTRUCTION OF P-UB-UlG= IMPROVEMENTS ............................................
6
4. ASSESSMENT AGREEMENT ......................................................................................
7
5. PARK AND TRAIL MATTERS .....................................................................................
8
6. FINANCIAL INCENTIVES FOR MASTER DEVELOPER ........................................
9A
7. INSURANCE, CASUALTY LOSS AND INDEMNIFICATION .................................
11
8.. MORTGAGE FINANCING .........................................................................................
12
9. AS SIGNXIENT AND TRANSFER .............. ................
13
10.. EVENTS OF DEFAULT ..............................................................................................
14
11. MISCELLANEOUS PROVISIONS .........................................................................
"'u
EXHIBIT A PROJECT PROPERTY ......................................................................................
A-1
EXHIBIT. B CITY IMPROVEMENTS ...................................................................................
B-1
EXHIBIT C IMPROVEMENTS IN LAKE LINKS TRAIL CORRIDOR ..............................
C-1
EMMIT D PERMITTED ENCUMBRANCES ....................................................................
D-1
ENI-IMIT E OPINION ...........................................................................................................
E-1
EXHIBIT F ASSESSMENT SCHEDULE ..............................................................................
F-1
EXHI[BIT G TRAIL EASEMENT LEGAL DESCRIPTION ..................................................
G-1
EXHI]BIT H NOTE .............................................. ................................. ........................... H-1
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-28
M
1. RECITALS.
1.1 The Effective Date of this Agreement is September 8, 2003.
1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota
statutory city ('.'City ") and Legacy Holdings -Mw LLC, a Minnesota limited
liability company ( "Master Developer ").
1.3 This Development Agreement between City and Master Developer will
hereinafter be referred to as the "Agreement". This Agreement is entered into
pursuant to Resolution No. adopted September 8, 2003. This
Agreement shall remain in full force and effect until the later of
(a) September 23, 2023; or
(b) the date that the Note described at Section 6(b) is terminated by payment
in full or otherwise.
1_1 .( , _ � -I _M1
1.4 Master Developer is or will be the owner of certain real property located in the
City legally described in Exhibit A attached hereto ( "Project Property ").
1.5 Master Developer has proposed to the City that the Project Property be improved
with a mixed -use multi -phase development which will consist of rental housing,
senior assisted living housing, multiple family housing, corporate office facilities,
for sale townhouses, retail and commercial facilities and parks ( "Project "). The
Project will be called Legacy Village.
1.6 The Project will commence on or about September 25, 2003 and be completed . in
approximately 7 Phases, each of which will hereafter be referred to as a "Phase."
Each of the Phases will be developed by developers other than Master Developer
(including affiliates or subsidiaries of Master Developer) to be selected by the
Master Developer and approved by City iDurmant-to the Di Ins of Sedion
9.2 ( "Successor Developers "). The Project will be entirely completed by
approximately September 25, 2010.
1.7 City issued a Conditional Use Permit in c_ onnection with the Project by
Resolution dated July 14, 2003 ( "CUP ").
1.8 City will issue general obligation improvement bonds ( "Public Improvement
Bonds ") to finance the acquisition, construction and installation of the City
Improvements.
1.9 Minnesota Statutes Section 469.1812 through. 469.1815 (the "Tax Abatement
Statute ") provides that the governing body of a political subdivision may grant an
abatement of the taxes imposed by the political subdivision on a parcel of
34
2$
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property if certain conditions are met. City is a political subdivision as that term
is defined in the Tax Abatement Statute. City believes that the conditions of the
Tax Abatement Statute will be met by the Project in that: (1) the City expects the
benefits to the City of this Agreement to equal or exceed the costs to the City of
this Agreement; and (2) the City finds that granting the tax abatement provided
hereunder will: (a) increase or preserve tax base; and (b) provide employment
opportunities in the City. The abatement is authorized by Resolution No.
adopted September 8, 20.03 ("Abatement Resolution "). City will
adopt a resolution ( "Abatement Bond Resolution ") authorizing the issuance of
certain general obligation tax abatement bonds ( "Tax Abatement Bonds ") a
portion of the proceeds of which, in the amount of $2,888,000, will be used to
finance the acquisition of a parcel of the Project Property. The amount of the Tax
Abatement Bonds shall not exceed the property taxes to be received by the City
for a period of 15 years beginning with real estate taxes. payable 2005 through
2024 derived from the Project Property. The City will calculate the amounts
necessary to repay the Tax Abatement Bonds based on an assessed value of the
Project of at least $36,450,000 as of January 2, - 2005 and at least $84,825,000 as
of January 2, 2006 and as of January 2 nd of each year thereafter until the Tax
Abatement Bonds are repaid in full.
1.10 The various proposed Phases for the Project are as follows:
Phase 1 -For -sale Townhomes located on Outlot H of the Plat together with
Outlot I which will be used and developed pursuant to the provisions of Section
2.20) hereof.
Phase 2 - A Furniture Store located on Outlot C of the Plat;
Phase 3 — Rental Townhomes and Office /Clubhouse located on Lot 1, Block 1
and Lot 1, Block 2 of the Plat;
Phase 4 - Senior Assisted Rental Housing located on Lot 1, Block 3 of the Plat;
Phase 5 - Multifamily Housing located on Outlot B of the Plat;
Phase 6A — Retail Commercial facilities located on Outlot A of the Plat;
Phase 6B - A Restaurant and Retail/Commercial facilities located on outlots D
and E of the Plat;
Phase 7 - Corporate /Commercial facilities located on Outlot G of the Plat;
City will construct certain public improvement within the Project as described on
Exhibit B and Exhibit C attached hereto ( "City Improvements ").
34
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1. 12 Master Developer will convey Outlot F of the Plat to City for park purposes and
convey a Trail Easement in connection with the Lake Links Trail Corridor
(hereinafter "Trail Easement "). The Trail Easement will be -30 feet in width.
City will construct the - improvements on Outlot F and the Trail Easement as
described and depicted on Exhibit C attached hereto.
1.13 In connection with the Project, various reports, plans or related documents have
been or will be prepared and the Project will, at all times, be subject to such
documents. Such documents will hereinafter referred to as "Project Documents'
which include:
(a) The CUP described above;
(b) The Abatement Resolution and the Abatement Bond Resolution;
(c) The final Plat of Legacy Village of Maplewood and any subsequent
replats in connection with the development of various Phases ( "Plat ");
(d) The Legacy Village at Maplewood Final Alternative Urban Areawide
Review (AUAR) and Mitigation Plan, as adopted by the Maplewood City
Council on May 12, 2003;
(e) The Stormwater and Wetlands Plan for the Maplewood Mall Area
Transportation Improvements (MMATI) Project Area, prepared by Short,
Elliott Hendrickson, Inc., as adopted by the Maplewood City Council on
May 12, 2003;
(� Any and all utility, stormwater, and sanitary sewer plans for the Project
and the various Phases therein which will be approved by the City in the
future;
(g) Any and all individual grading plans for the Project and the various Phases
therein which will be approved by the City in the future;
(h) Any and all site plans for the Project and various Phases therein which
will be approved by the City in the future;
(i) City Improvements Documents including the following:
• The feasibility study, final plans and specifications for the Kennard
Street Improvements, City Project 03-04.
• The alignment study, Environmental Assessment Worksheet
(EAW), feasibility study, final plans and specifications for the
County Road D Realignment Project, City Project 03-07.
• The feasibility study, final plans and specifications for the County
Road D Reconstruction Project, City Project 03-08.
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• The feasibility study, final plans and specifications for the Legacy
Parkway Improvements, City Project 03 -26.
• The feasibility study, final plans -and specifications for the
Hazelwood Street Reconstruction Project, City Project 01 -16.
• Final plans and specifications for the Lake Links Trail Corridor
Improvements.
All such Project Documents as described herein are incorporated into this Agreement by
reference.
2. GENERAL REPRESENTATIONS AND COVENANTS OF DEVELOPER.
2.1 General Representations of Master Developer.
Master Developer makes the following representations to .the City:
(a) Master Developer owns all the Property � free and clear of all easements
P Y
covenants, restrictions and liens except those matters set forth on Exhibit
D ( "Permitted Encumbrances ") .
(b) ,John C. Brandt has been duly
authorized to execute and deliver this Agreement for and on behalf of
Master Developer. Master Developer is not presently in violation of, or
in default under any material provision of its e g��- iie�
doEumentA&ides of Qr�ani .a inn. There are no pending or- QV- er -tJY
the knowledge of Master evel n .threatened legal proceedings,
contemplating the liquidation or dissolution of the Master Developer or
threatening its existence or seeking to restrain or adjoin � the
transactions contemplated by this Agreement or questioning the authority
of Master Developer to execute and deliver this Agreement or the
validity of this Agreement.
(c) Master Developer has delivered to City an opinion from Master
Developer's counsel in the form attached hereto as Exhibit E ( "Opinion ").
(d) Master Developer received preliminary plat approval on July 14, 2003
and final plat approval from the City on September 8, 2003, for the Plat.
(e) Neither the execution and delivery of this Agreement, consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance
with the terms and conditions of this Agreement is prevented, limited by,'
conflicts with or will result in a breach of, the terms, conditions, or
provisions of any financial restriction, or any evidences of indebtedness,
or any contract, agreement or instrument of whatever nature to which
Master Developer is now a party or by which it is bound, or constitutes a
default under any of the foregoing.
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(f) Master Developer is not presently aware of any condition or fact which
would prevent it from carrying out and performing its obligations and
agreements under this Agreement; provided that this representation does
not extend to the performance by the City, or other third parties not under
Master Developer's control, whose acts or approvals are . necessary in
order that Master Developer may perform its obligations and agreements.
2.2 Covenants of Master Developer.
Master Developer covenants and agrees as follows:
(a) Master Developer will seek to obtain, in a timely manner, all required
permits, licenses and approvals necessary for the work contemplated by
this Agreement and will seek to meet, in a timely manner, all requirements
of all local, state and federal laws and regulations which might be obtained
or met before improvements on the various Phases can be lawfully
constructed.
(b) The Project, the construction of improvements therein and the use of such
improvements, will be, at all times, in accordance with this Agreement and
the Project Documents.
(c) All improvements in all Phases will be constructed by various Successor
Developers a-&-�ppr- Dyed- by-- E- ity -u-nd -- pursuant to Site Plans approved by
the City.
(d) Prior to the construction of any improvements on any Phase, a Successor
Developer will submit to City for review and approval a revised Plat and
Site Plan for such Phase. Such revised Plat and Site Plan must conform to
this Agreement unless City has specifically approved changes therein
using the amendment process as set forth in this Agreement. Construction
of improvements in any Phase must then comply with the Site Plan as
approved. City reserves the right to impose other reasonable requirements
on-- anySuceessor--- Developer --afas to a Site Pian for any Phase and, under
appropriate circumstances, require that-- &ueh-- SzueE- esso�r - -Dev- eloper--- ent-er
int-o-a Phase Development Agreement.
( e) prze Concurrent _with the issuance of a building permit for any
improvements in any Phase, a Successor Developer must pay to the City
a park dedication fee calculated pursuant to City Code Chapter 26, Article
III Chapter 3 provided however such fee will be calculated based on a
value of $8.00 per square foot for all real property in Phases 2 , 6A 6B
and 7.
(� Master Developer agrees that it will cause a Successor Developer to
construct at least 50 units of affordable housing on Phase 5 (Outlot B)
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subject to the Successor Developer for such Phase a-eq-u}ri*g- low-- i-neame
$----------------------- an allocation- of_Low Inc_omm-T-ax __Cr_eslitsfi-om
n_ cessary to constructs such of o dable h sing For purposes of this
requirement, "affordable housing" means that the rental units will be
occupied or held for occupancy by persons or families whose income does
not initially, upon occupancy,. exceed 50% of the area median income.
The rents charged for each unit occupied by low income tenants shall not
exceed the fair � market rent permitted under the Section 8 Program for
units with an equal number of bedrooms., Master Developer also agrees
that it will cause a Successor Developer to construct at least 50 units of
affordable "for sale" housing on Phase 1 ( Outlot H). For purposes of this
requirement, "affordable housing" means housing with a selling price
equal to the base price as determined -from time to time under the
Metropolitan Council Guidelines for Affordability. The affordable
housing must have exterior materials and finishes of substantially the same
quality, appearance and architectural style and integrity as the surrounding
structure in such Phase and the interior improvements and the quality of
the affordable housing shall be decent, safe, sanitary, of adequate size for
the number of occupants for each kind of unit or housing and otherwise be
satisfactory to the City in its reasonable judgment.
(g) Each Successor Developer must obtain from the City all necessary
grading permits as required by City Ordinance.
(h) Master Developer or Successor Developer .shall pay all real property
taxes and all installments of assessments payable therewith with respect to
all parts of the Project Property acquired and owned by it payable pursuant
to the provisions of any statutory or contractual duty that shall accrue
subsequent to the date of its acquisition of title to the Project Property (or
part thereof) and until title to the property is vested in another person.
(i) Master Developer will immediately file the Plat in the county land
records which must occur by no later than September 30, 2003.
(j) As to Outlot I in Phase 1, at all times, at least 75% of the total square
footage of such Outlot must be used for open space, green space,
playground or tot lot and Master Developer or Successor Developer will
cause a private covenant to be filed or recorded against such Outlot which
covenant must have a term of least 30 years and which covenant limits the
use of such Outlot as described herein. Such private covenant must be
approved by the City prior to being filed or recorded in the county land
records.
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(k) Master Developer or Successor Developer will avoid damaging or
altering any public facilities and public utilities within the Project and
Master Developer or any Successor Developer will replace or repair any
public facilities or public utilities so damaged or altered during the
construction of improvements on any Phase in accordance with the
technical specifications standards and practices of the City.
3. CONSTRUCTION OF gUBLIC IMPROVEMENTS.
3.1 Using the proceeds of the Public Improvement Bonds, the City will construct the
City Improvements and certain improvements on adjacent property. The
construction of the City Improvements and -- -will commence on approximately
September 25, 2003 and should be completed pursuant to the following schedule:
Proposed Proposed
Construction Construction
City Improvement Project Start Date Completion
Kennard Street Improvements, C.P. 03 -04 Sept. 2003 July 2004
County Road D Realignment Project, C.P. 03 -07 Oct. 2003 July 2005
County Road D Reconstruction Project, C.P. 03 -08 Sept. 2006 Sept. 2008
Legacy Parkway Improvements, C.P. 03 -26 May 2004 July 2005
Hazelwood Street Reconstruction, C.P. 0 1- 16 May 2004 July 2005
Lake Links Trail Corridor Improvements May 2004 July 2005
3.2 The special assessments for City Improvements that will be charged to the Project
will be $ -6J -09 - -09 M pursuant to the Schedule attached hereto as Exhibit
F ( "Assessment Schedule ").
4. ASSESSMENT AGREEMENT.
4.1 Minnesota Statutes, Chapter 429, authorize the City to assess the Project
Property, as well as other benefited properties, for the cost of the City
Improvements and other improvements. Master Developer agrees that the fair
share of the cost of the City Improvements is, at least, $6,- 08 -09 0 and
that the City Improvements will benefit the Project Property in at least the amount
of $6 : :. .208 Master Developer hereby consents to the assessment
O f $4 1 11R , 6 against the Project Property pursuant to Minnesota
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Statutes Chapter 429 and waives any and all procedural - and substantive
objections to special assessments in. that amount including, but not limited to,
notice and hearing requirements in a claim that the amount of the special
assessments exceeds the benefit to the Project Property. Master Developer also
waives any appeal rights otherwise available pursuant to Minnesota Statutes
Section 429.081. Subject to the provisions of Section 6 hereof relating to
financial incentives provided to Master Developer, Master Developer agrees to
pay the installments of special assessments certified for payment with annual real
estate taxes when and as they become due. If the cost of the City Improvements
is greater than anticipated, City hereby waives the right to levy an assessment
against the Project Property in an amount greater than $6,10 6,208,709 to
finance the City Improvements and the right to levy supplemental assessments
against the Project Property for the cost of the City Improvements pursuant to
Minnesota Statutes Section 429.071. At such time as the City and the Master
Developer execute the Plat, including any replats of the Project Property, the City
will allocate or reallocate any special assessments pending or levied against the
Project Property among the various Lots and any subsequent replats as per the
Assessment Schedule.
4.2 Under Minnesota Statutes, Chapter 429, the City can cause the amounts assessed
against the Project Property to be payable in a single installment or equal annual
installments extending over a period not to exceed 15 years. The City agrees that
the assessments levied against the Project Property will be payable in equal
annual assessments extending over a period not to exceed 15 years. The interest
rate on such assessment shall not exceed 6 %. Provided however, Master
Developer agrees that the entire balance of any assessments against any Lot in the
Project Property will be paid in full upon the earlier of the sale or other transfer
(including, but not limited to, conveyance of equitable ownership pursuant to a
Contract for Deed) of such Lot or, at such time as a building permit for such Lot
is issued by the City unless in connection with such conveyance, Master
Developer requests that the City co-asen- umst to having such assessments
assumed by a Successor Developer and such Successor Developer provides
adequate assurances to City that the installments of special assessments
attributable to such Phase shall be paid in the normal cours
Dev-elopev--- atso-- agreeiu -g- t-a- be- p- er- s-anally- -liable- €or- -a-ay- unpaid - In -statl - mats - -of
& pedal-- a&sess- went &- on-- suc --h -- Phase. If Master Developer conveys or otherwise
transfers ownership of a Lot before the City levies the assessments and City has
not agreed that the assessments can be paid in installments, Master Developer
can satisfy its obligations under this Section by depositing an amount equal to or
greater than 100% of the amount assessed against such Lot pursuant to the
Assessment Schedule, with a title insurance company pursuant to an Escrow
Agreement which obligates the title insurance company to pay the City or to pay
off the assessments within 30 days of the date that the City levies the assessment.
3
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5 . PARK AND TRAIL MATTERS.
5.1 By no later than December 31, 2003, Master Developer will convey Outlot F to
the City for park purposes by Warranty Deed at no cost to the City. In addition,
by no later than December 31, 2003, Master. Developer will convey to the City
the Trail Easement over and across that part of the Project described on Exhibit G
attached hereto ( "Trail Easement Description ") with terms and conditions
reasonably satisfactory to City at no cost to the City. These conveyances are in
addition to and not in lieu of the payment of Park Dedication Fees.
5.2 After such conveyances, City will construct the City Improvements relating to
Parks and Trails. City will pay the cost of such City Improvements eexeept
Master -- Deg =el -aper -- will -- pay - - -100 9 /o - -- of- - -the-estimated --- cost-g-- of-- th- e-- Lak -e-- Lin -lks-
vait --- i-n --- the -- Pro ject - -- which - -- amount- - i -s--- appr- ax- imately - - -S 0 n -nd--- Ma -ster
Develop --- -will pay --- �-%,- 0F4 ----� f ---- -t a T61 A- -- to--- �c-��- pct--- tAA%.1 - erpas�
improvement-s- -o -n-- the - -L Aloe -- --ink&--- T- r- ait-- -unde-r - - -- Kennard-- Str -eet. - - - -- Such -- total
tie - iy-- -easy- b� --ran -�t-er tint --nom 9 IM Drnewent Bonds and such costs are included in the. 1 assessments.
chamed a the -Pr i to Section 3.2 hereoL
blic
�p m��--- �-%r%J 9 x-- fn- r---c- eat -gin- -- Arai- l-- �i�emer0 Al -- I-V1 ow-
wvill provide- to- t-he-- C-ity - -a- meter - - -of - Credit- -i -n- t-he- amount - -of 12-5- S125
ar U94 llr%fi The I etter o f Crimc]*J: mallet 16, m farm one] cash
%F A W JL %a %F 9 Awf %..I %P 0 JL AA%., A %-.OA AAA%Ab3l& PLF %.0 AAA 94 A %Y A AAA .
reasonabl--- eeeptable- to - -th-e--City--- r-om -- a -. ban- k-- reea- sonabiy-- acceptahle - -tn-- the
-ity-- and - suc - Letter - shall -not- ter -min ate- pr -ilor- t-a- December - - -31 --2-004W
5 -A--All Lake Links Trail Corridor Improvements will be ADA compliant.
6. FINANCIAL INCENTIVES FOR MASTER DEVELOPER.
In consideration of the Master Developer acquiring the Project Property and developing
the Project either directly or through Successor. Developers, City agrees to provide
financial incentives to the Master Developer and the Project in the total amount of
$3,800,000 as follows:
(a) From the proceeds of the sale of the Public Improvement Bonds, $912,000
in payment for Master Developer dedicating all of the public rights of
way in Project Property as set forth on the Plat and;
(b) The issuance by the City of a Note in favor of Master Developer in the
original principal amount of approximately $2,888,000 ( "Note "), to
evidence the obligation of the City to repay a loan made to City by the
Master Developer in connection with the City purchasing part of the real
property that will be developed as the Project from the current owner for
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the amount of $2,888,000. The City will use the proceeds of the sale of
the Tax Abatement Bonds to repay the Note pursuant to the terms of the
Note, a form of which is attached hereto as Exhibit H and also pursuant to
those additional terms and conditions as set forth as Section 6.2 below.
6.1 City will pay the $912,000 described at Section 6(a) above by paying off
$912,000 of special assessments levied against Phase 1 of the Project at such time
as a Successor Developer closes on the financing and building permits are issued
by the City in connection with the development of the improvements on such
Phase 1. Assuming that the assessments are levied at such time, Master
Developer will receive . a credit from the City in connection with the lump sum
payment of the assessments levied against Phase 1 and Master Developer or
Successor Developer will be required to pay the remaining assessments so that
the assessments on such Phase 1 are paid in full prior to commencement of
construction on such Phase. If at the time of the closing, such assessments are
pending, City agrees to place $912,000 in escrow with a title company so long as
Master Developer or Successor Developer -places into escrow any and all
amounts necessary to pay off the assessments allocated to Phase 1 under the
Assessment Schedule together with all other amounts required by title company.
As soon as such assessments are levied, title company will make appropriate
payments as required under the Escrow Agreement to pay off the assessments in
full.
6.2 In connection with the Note described at Section 6(b) above, the obligations of the
parties are as follows:
(a) City will obtain title to the real estate for part of the Project from the
current . owner of such parcels through a partial assignment of Master
Developer's rights (but not obligations) under the purchase agreement
between Master Developer and the current owner.
(b) Master Developer will loan to City the amount of $2,888,000 to purchase
such real estate ( "Loan "). City will deliver the Note to Master Developer
to evidence the Loan.
(c) City will immediately convey such real estate to Master Developer by
quit claim deed for $1.00.
(d) Master Developer will be responsible for the payment of all fees and
taxes, (except those that the current owner has already agreed to pay), in
connection with the two conveyances described herein.
(e) In connection with any Phase of the Project other than Phase 1, upon
submission to the City of a-- buflding-- per-mit-- �-ad --- evidence of financing
for each such Phase and the issuana of a buildin - m it har the
Tmnrovements on such--Phase,, the City will pay the Master Developer
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from Abatement Bond proceeds, at the closing of the financing for the
construction oflMDrOyements on such Phase, a portion of the Loan in an
amount equal to 47% of the special assessments pending or levied against
such Phase up to a total amount of $2,888,000. Master Developer or
Successor Developer shall simultaneously pay the remaining amount of
such assessments and apply the sums it receives from the City to prepay
the pending or levied special assessments related to such Phase so as to
cause the assessments against such Phase to be .paid off in full. In the
alternative, if City has agreed that special assessments attributable to such
Phase can be paid in installments as certified to the County, such funds
shall be placed ,in a special account ( "Assessment Account ") established
by the City to be used by the City to pay - -- ��ie�h.� special assessments
against such Phase as they become due and payable in installments and
City will receive a credit against the Note for the amount placed in the
Assessment Account that City would have otherwise paid to Developer.
City shall have no obligation to make such installment payments from the
Assessment Account if Master Developer or Successor Developer does
not deliver to City its portion of the installments of special assessments
prior to the date that such installments become due and payable. Any
interest or penalties that accrue as a result of a late payment of installment
shall be the responsibility of Master Developer or Successor Developer
but to the event that there are amounts remaining unpaid under the Note,
City can use such amounts to pay special :assessments as installments
together with interest and penalties as they come due.
(f) Upon such payment of any such amounts by the City to the Master
Developer or into the Assessment Account, such payment will be credited
against the amount the City owes under the Note until the Note has been
paid in full.
(g) The Note shall be a special and limited obligation of the City and not a
general obligation of the City, and City shall have no obligation to make
any payments due under the Note except as provided in this Section 6.2 to
the extent of available proceeds of the Tax Abatement Bonds.
(h) If amounts in the debt service fund established under the Abatement Bond
Resolution for the payment of the Tax Abatement Bonds ( "Abatement
Bond Fund ") is insufficient to make payments of the principal of and
interest on the Tax Abatement Bonds when due, the City will apply the
undisbursed proceeds of the Tax Abatement Bonds to such payments.
when due, and payable. Payments of the principal of and interest on the
Tax Abatement Bonds from Tax Abatement Bond proceeds due to
shortfalls in the Abatement Bond Fund shall be credited against the
amount the City owes under the Note until the Note has been paid in full.
(i) If either of the following occur:
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(i) Master Developer or Successor Developer is in default under this
Agreement and the default is not cured under the terms of this
Agreement; or
(ii) Any amount of the Note remains unpaid as of September 8, 2013.
the City's obligations under the Note shall terminate and be of no further
force and effect.
7. INS CE, CASUALTY LOSS AND INDEMN]FICATION.
7.1 Insurance Master Developer will maintain or cause the following insurance to
be maintained: Occurrence based comprehensive general liability insurance
(including operations, contingent liability, operations of subcontractors,
completed operations and contractual liability insurance) together with an
Owner's Contractor's Policy insuring against claims for death, bodily injury and
property damage with coverage in amounts_,. .not less than $2,000,000 per
occurrence and $3, 000, 000 in aggregate (to accomplish the above - required limits,
an umbrella excess liability policy may be used). All insurance required by this
Section 7.1 shall be taken out and maintained in responsible insurance companies
selected by the Master Developer which are authorized under the laws of the
State to assume the risks covered thereby. The Master Developer will deposit
annually with the City a certificate from the insurer, in a form reasonably
acceptable to the City, evidencing that the insurance required under this . Section
7.1 is in force and effect. Each policy shall contain a provision that the insurer
shall not cancel or modify it without giving written notice to the Master
Developer and the City at least thirty (30) days before the cancellation or
modification becomes effective. The policies of insurance referenced in Sections
7.1.
7.2 Release, Defense and Indemnification Covenants The Master Developer
releases the City and its respective council members, officers, agents, servants
and employees thereof (hereinafter, for purposes of this Section 7.4, the
"Indemnified Parties ") from any claims for loss or damage to property or for any
injury to or death of any person occurring at or about the Project Property after
the Effective Date provided that such claim arises from the performance of the
Master Developer's obligations under this Agreement. The Master Developer
agrees to defend the Indemnified Parties from and against any claims for loss or
damage to property or for any injury to or death of any person occurring at or
about the Project Property after the Effective Date except for claims alleging
intentional misconduct on the part of the Indemnified Parties. The Master
Developer agrees to indemnify the Indemnified Parties from any liability, cost or
expense arising out of loss or damage to property or injury to or death of any
person occurring at or about the Project Property except for liability, costs or
expenses a court of competent jurisdiction imposes upon an Indemnified Party as
a result of the Indemnified Parties' negligence or intentional misconduct.
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8. MORTGAGE FINANCING.
8.1 Right to Mortgage. The Master Developer or Successor Developer may not
mortgage its interest in the Project Property or any part thereof before the City or
the Master Developer has recorded this Agreement. After the City or the
Master Developer records this Agreement, the Master Developer or Successor
Developer may (notwithstanding the provisions of Section 9.1) mortgage its
interest in the Project Property or any part thereof provided the Mortgage includes
the mortgagee's express acknowledgement that its interest in the Project Property
is subject to the terms of this Agreement.
8.2 Notice of Default; Copy to Mortgagee Whenever the City is obligated to deliver
a notice to the Master Developer with respect to an Event of Default, the City
will, at the same time, send a copy of the notice to any mortgagee if the
mortgagee has provided the City with written notice of the existence of its
Mortgage and an address to which the notice should be sent.
8.3 Mortgagee's Option to Cure Events of Defaults The City agrees to accept from
any mortgagee any payments or the performance of any obligations necessary to
cure an Event of Default as though Master Developer had tendered such payment
or performance.
8.4 City's Option to Cure Default on Mortgage. Master Developer must cause any
Mortgage to provide that, if the Master Developer defaults under the Mortgage,
the mortgagee must, before commencing proceedings to foreclose the Mortgage,
notify the City in writing of
(a) the fact of the default;
(b) the elements of the default; and
(c) the actions required to cure the default.
If the default under such Mortgage entitles the mortgagee to foreclose upon the Project or
any portion thereof, and any applicable grace periods have not expired, the mortgagee
must grant the City the right to cure the default upon the same terms as the Master
Developer but City will have no obligation to do so.
9. - PR-GH-11BYT' 0N- S- AGA- INST' - -AS SIGNMENT AND TRANSFER.
9.1 Status of Master Developer; Transfer of Substantially All Assets. The Master.
Developer will maintain its existence as a limited liability company and will not
wind-up or otherwise dispose of all or substantially all of its assets; provided,
however, the Master Developer may sell or otherwise transfer to another entity
organized under the laws of one of the United States or to an individual, all or
substantially all of its assets as an entirety and thereafter wind up and be
discharged from liability hereunder if such transferee entity or individual
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( "Assignee of Master Developer" as opposed to Successor Developer) assumes
in writing, for the benefit of the City, all of the obligations of the Master
Developer under this Agreement: _ _
+.1.1.' 1.!. minim.
..
UK NI K W
..
' _1_ : !. ! WMA . ' _ + _ 1. 1_1 ' .1. M 1. 1_ 1 ' !. _I. ' 1 U ' ! '
II 1 l MICI 1 1 W= I IM KWIM MI ffIIITWm4i(q 1'
jam' all of ('iW'c reasonable casts includinn attornev'.c feet i
connection with such review and annrnval.
9.2 -P-r- ohibition - - - A- -. Transfer of- t --- o € -- r ent
Successor Developer.
(a) PEL ' i^ the berm of this Agreement, the
Master Developer may u -at- -sell, convey. U transfer - lease-- e- r--- amign -- -lie
i th orpaf a . .
� "��-- e�- ts-- uec --�s�� any_Phase_or parcel of the Project)
to a Successor Developer without the prior written approval of the City
wiixox -x - p� �--t ip --C-i i s - t- r-ey
the requirements of Section 9.2(b) are satisfied.
(b) A-& --- a--- condftion---- to - -- ids---- e-ansccn�--- to.... any---- tr*nsfe�r---- w-fth in - -- the - -- scope - - -o€
Seetion-- 11;Z�- t- tfe- City-- may-- �-equ- ire- t-hat- connection 3xiiG le or
(i) Any proposed Successor Developer, must � l�as� - -- -the
qualifications and financial capacity, in the reasonable judgment of
the City, necessary and adequate to perform its obligations under
this Agreement as to the Phase or parcel in question.
Any proposed Successor Developer, by instrument in writing
satisfactory to the C rtity and in form recordable �ett gi� the
.County land records, must, for the benefit of the City, expressly
assume all of the obligations of the Master Developer under this
Agreement that by tketheir nature must be assumed by a
Successor Developer and agree to be subject to all the conditions
and restrictions to which the Master Developer is subject under
the terms of this Agreement as to the Phase or parcel in question:
i N v 1W •r aW.MIMIV Vaa AKIR %,aAAXb Kii ) A&WAA .%A"e)V AA %..,& VAll 111.V %.LaV %,%PAW .l 04AL . 7' SAF%Pii
r-eque -st - -of - Sueees -sor- Developer- - City - will-- rele -a-se- the-- S -ac-cessor
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D-eveloper--a-nd- the -- relevant -- Phase --or- pair- Eel-- involtv-ed-- frrom - -t-he
appropria- te- ---- bby ---- detive- r-Iug .... -o.- .- suth - - -- Sic- c-emor---- P�eveloper -. - -a.
par -tiat- termination- -of - this - Ag�eem-ent:
(iii) The ' Master Developer must submit to the City, for the City's
review and prior written approval, all instruments and other
documents involved in effecting the transfer of any interest in this
Agreement or the Project and Master Devel oner must nav ` all of
City's reasonable costs, including attorney's fees in connection
with such review and approval,.
9.3 Release of Master Developer The City's consent to a transfer pursuant to
Section 9.2(b) does not relieve the Master Developer from liability under this
Agreement unless the City, in its sole and absolute discretion, elects to execute a
written agreement expressly releasing the Master Developer from such liability
as to the particular Phase that is the subject of such transfer.
10. EVENTS OF DEFAULT.
10.1 Events of Default Each of the following is an Event of Default:
(a) Master Developer or Successor Developer's failure to fully perform one
or more of its obligations under this Agreement within the time period set
forth in this Agreement for performance of the obligation or, if no time
period is set forth in this Agreement, within a reasonable time;
(b)' Master Developer or Successor Developer's failure to Observe any
restriction or prohibition this Agreement imposes upon the Party;
(c) Master Developer or Successor Developer's
(i) Filing of a petition in bankruptcy or for any reorganization,
arrangement, composition, readjustment, liquidation, dissolution or
similar relief under the United Stated Bankruptcy Act of 1978, as
amended, or under any similar federal or state law; or
Assignment of its assets for the benefit of its creditors; or
34
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(111) Adm ission, in w r iti ng, of its inability to pay its debts generally as
they become due; or
(iv) Being adjudicated a bankrupt or insolvent.
(d) If a petition or answer proposing the adjudication of a - -P'a he .1Y.
De-y-el(Wer Or Successor Denyelwm as a bankrupt or � - aa aster
De eloper or Successor Develop is reorganization under any present or
future federal bankruptcy act or any similar federal or state law is filed in a
court of competent jurisdiction and the petition or answer is not
discharged or denied within 90 days after its filing;
(e) A receiver, trustee or liquidator of a ftnx IL h aster v lop�r �r
is appointed in any proceeding brought against �
ftaFty and is not
discharged within 90 days after such appointment or if a- PArtytheA'T,gcter
evelouer or Successor Developer consents to or acquiesces in such an
appointment.
(� Master Developer or Successor Developer's default in the performance
of one or more of its obligations under a Mortgage filed against the Project
Property or any Phase therein.
10.2 Notice. If an Event of Default. occurs, City may not pursue any of the remedies
described in Section 10.3 unless the City provides the Master Developer or
Successor Developer with written notice of the existence of the Event of Default;
and Master Developer or Successor Developer fails to cure the Event of Default
described in the notice and any Event of Default .occurring after the delivery of
the notice within the later of:
(a) 30 days after the effective date of the notice;
�Nn
(b) 30 days after the .effective date of the notice if _the Event of Default is
not reasonably curable within 30 days and the Master Developer
eommenees d9tiiakLxammt= the cure of the Event of Default within
30 days after the effective date of the noti "l.7 IV r�eed�t#
�
with i,u a reasonable time if aSure has been commenced within 30 days
but .. such ..E ,vent of Def.��1t.is .. not ._curend within a reasonable time.
10.3 Remedies. If an Event of Default exists, notice is given pursuant to Section 10.2
and the Master Developer or Successor Developer fails to cure the Event of
3
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Default and any subsequent Events of Default first arising after the delivery of the
notice of default within the period provided for in Section 10.2, the City may:
(a) Attempt to cure or engage third parties to attempt to cure the default. If
the City attempts to cure or engages a third party to attempt to cure, the
City may notify the Master Developer or Successor Developer, in
writing, of the costs and expenses it incurs in its attempt to cure or to
engage a third party to attempt to cure the Event of Default and the
defaulting Party must reimburse the City for those. costs within five
Business Days of the Master Developer or Successor Developer's receipt
of the notice stating the amount of the costs.
(b) Terminate this Agreement by written notice to the Master Developer or
Successor Developer. Termination of this Agreement does not; however,
terminate the provisions of Sections 4.1 and 4.2 and other Sections
in- -ding e..er-- ,,ec-tian-&-which by their notice should survive.
(c) Pursue any remedies available at law or in equity to recover the damages
the City has suffered or will suffer as a result of the Master Developer or
Successor Developer's default under this Agreement or to compel the
Master Developer or Successor Developer's specific performance of its
obligations or observance of restrictions set forth in this Agreement.
(d) ----------- I#' - -th-e- -MaAer---- 1Wve1oper--- de#'a-uks--- a-nder -- tie--- pr-evisions-- o €- SeEtion- 5
wee€ e�t�l- �- he- �et�er- ef- Er�it�s�esc- .. iAASee�ie;t -��:
�
(e-} - the notice required under the Note stating that the Note and the
City's obligations thereunder have terminated.
Suspend the issuance of any permits or approvals needed for the
Project or for the construction of Improvements in any Phase thereof.
10.4 Claims for Misrepresentation If the City determines that one or more of the
representations the Master Developer under this Agreement was false, when
made, City may commence an action in a court of competent jurisdiction and
pursue any remedies available at law or in equity against the Master Developer
without regard to the notice and cure provisions set forth in Section 10.2.
10.5 No Remedy Exclusive No remedy herein conferred upon or reserved to the City
is intended to be exclusive of any other available remedy or remedies, but each
and every such remedy is cumulative and is in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by
statute. No delay or omission to exercise any right or power accruing upon any
default impairs any such � right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as
often as may be deemed expedient.
3
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10.6 No Implied Waiver If the City waives its right to require Master Developer or
Successor Developer to perform an obligation or observe a restriction set forth in
this Agreement, the waiver is limited to the particular default so waived and is not
deemed to waive any other concurrent, previous or subsequent default hereunder.
10.7 Agreement to Pay Attorneys' Fees and Expenses Whenever any Event of Default
Occurs and the City employs attorneys or incurs other expenses for the
enforcement or . performance or observance of any obligation or agreement on the
part Of the Master Developer or Successor Developer herein contained, the
Party in default agrees that it shall, on demand therefor, pay to the City the
reasonable fees of such attorneys and such other expenses so incurred by the non -
defaulting Party.
11. MISCELLANEOUS PROVISIONS.
11.1 Titles of Articles and Sections Any titles of the several sections of this
Agreement are inserted for convenience of reference only and - shall be
disregarded in construing or interpreting any of its provisions.
11.2 Notices and Demands Any notice, demand or other communication required or
permitted under this Agreement is effective two Business Days after it is sent, via
registered or certified mail, postage prepaid, return receipt requested or one
Business Day after it is sent via overnight delivery service; and
(a) in the case of the Master Developer, is addressed to the Master
Developer at:
Legacy Holdings —MW LLC
C/O The Hartford Group
12100 Singletree Lane, Suite 112
Eden Prairie, Minnesota 55344-7933
Attention: President
(b) in the case of the City, . is addressed to or delivered personally to the City
care of
City of Maplewood, Minnesota
1830 East County Road B
Maplewood, Minnesota 55109 -2797
Attention: City Manager
or at such other address with respect to any such party as that party may, from time to
time, designate in writing and forward to the other, as provided in this Section. If a
notice is delivered by means other than registered or certified mail or overnight delivery,
the notice is effective as of the date the City Administrator of the City in the case of
notices to the City or. an officer or other appropriate representative of the Master
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Developer, in the case of notices to the Master Developer, actually receives the notice.
11.3 Counterparts The City and the Master Developer may execute separate
counterparts of this Agreement and exchange original signature pages to create
fully executed counterparts of this Agreement. For purposes of contract
formation, a Party's delivery of an original signature page to the other party shall
constitute delivery of this Agreement.
11.4 Amendment. This Agreement may not be amended unless the amendment is set
forth in writing in an instrument executed by authorized representatives of the
City and the Master Developer..
11.5 Merger and Relationship with. , Other Documents. This Agreement and other
documents incorporated herein express the entire agreement among and between
the City and the Master Developer with respect to the Master Developer's
development of the Project and any and all prior agreements, whether written or
oral, are merged herein.
11.6 Law Governing. This Agreement will be governed and construed in accordance
with the laws of the State.
11.7 Cit A pproval. Any approval, execution of documents, or other action to be
taken by the City pursuant to this Agreement, for the purpose of carrying out the
terms of this Agreement or for the purpose of determining the sufficiency of the
Master Developer's performance under this Agreement, may be made, executed
or taken by -E
CounciL
11.8 Memorandum and Binding Effect. Contemporaneously with the execution of this
Development Agreement the pA r fiHes r hx e
Develo er, the arties will execute and the City may thereafter record a
Memorandum of this Agreement in th---- far- m --- attAehed-- -A -s--- Exhibit- --1-a-f
reasonalA acceplable, to -b-oth ivarties... Otherwi this entire Ajar-cement will
be recorded in the-County Land Record nst all of -the rr bect Prain
The benefits and burdens of the covenants and restrictions set forth in this
Agreement run with title to the Project Froiarxtv any Phase or parcel thereof
and inure to the benefit of and are binding upon the City, the Master Developer
and their respective successors and assigns including any Successor. Developer.
Provided, however, any Successor Developer's burdens or benefits will be
specifically set forth in a document assigning Master Developer's rights and
obligations hereunder to such Successor Developer nse
11.9 Third Party Litigation. Each DaM will reasonably cooperate with the other
with respect to any litigation third parties commence with respect to
the Project.
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11.10 Termination and Survival of Terms This Agreement terminates as of the
Termination Date; provided, however, the Master Developer's obligations under
this Agreement, survive the expiration -of this Agreement or the termination of
this Agreement pursuant to Section 1O.3(b) with respect to any event, occurrence
or circumstance existing prior to the date of such expiration of r termination.
11.11 No Partnership. Nothing herein shall be construed to create a partnership or joint
venture between or among .Master Developer I or the City nor shall anything
herein be construed to create a fiduciary relationship, between the parties as to any
activity described herein.
11.12 Conflict of Interest. No member, official, or employee of the City shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such member,
official, or employee participate in any decision relating to this Agreement which
affects his or her personal interest or the interests , of ,any corporation, partnership,
or association in which he or she is, directly or . interest. No member,
official, or employee of the City shall be personally liable to the Master
Developer, any successor in interest, in the event of any default or breach by the
City, or for any amount which may become due to the Master Developer, its
successor or on any obligations under the terms of this Agreement. No employee,
agent, partner, member or shareholder of the Master Developer shall be
personally liable to the City in the event of any default or breach by the Master
Developer or for any amount which may become due to the City or on any
obligations under the terms of this Agreement.
[Remainder of Page Intentionally Left Blank]
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Dated: CITY OF MAPLEWOOD, ' MINNESOTA, a
Minnesota statutory city.
By:
Its
B
Its
STATE OF MINNESOTA )
): ss
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
2003, by the and
the of the City of Maplewood,
Minnesota on behalf of said City.
Notary Public
[Separate Signature Page to Development Agreement]
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Dated:
LEGACY HOLDINGS -MW LLC, a Minnesota
limited liability company
l
B
Its
B
Its
STATE OF MINNESOTA )
): ss
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
2003, by the and
the of Legacy Holdings -MW LLC, a
Minnesota limited liability company on behalf of said company.
Notary Public
[Separate Signature Page to Development Agreement]
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Exhibit A
Project Property
Lots 1 to 15 inclusive; Lots 22 to 36 inclusive; All in Block 2; Lots 3 to 7 inclusive;
Lots 30 to 36 inclusive; All in Block 3; All in Dorle Park;
Lots 16 to 21 inclusive; Block 2, Dorle Park;
Lots 1 and 2. Block 3, Dorle Park, together with that part of the south half of vacated Dorle
Street lying between the northerly extensions of the centerline of the vacated alley in said Block
3 and the east line of said Lot 1, and also together with the east half of the vacated alley in said
Block 3 lying between the westerly extensions of the north line of said Lot 1 and the south line
of said Lot 2
The Northeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22; The
Northwest Quarter of the Northeast Quarter of Section 3, Township 29, Range 22, except the
west 10 acres thereof.
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Exhibit B
City Improvements
The City will construct the following City Improvements as a part of the Project.
1. Kennard Street Improvements (Beam Avenue to County Road D), City Project 03 -04
This project includes the extension of Kennard Street from its current terminus
north of Beam Avenue to County Road D.
The following improvements are included as a part of this project:
• Construction of a two -lane divided urban section roadway between Beam Avenue and
County Road D. The roadway will be constructed- to a parkway design including
landscape amenities.
• Construction of a roundabout at the Legacy Parkway intersection.
• Construction of 6 -foot wide concrete sidewalks along the east and west sides of the
roadway.
• Installation of storm drainage improvements.
• Installation of sanitary sewer and watermain utilities.
2. County Road D Realignment (Hazelwood Street to TH 61), City Project 02 -07
This project includes the reconstruction/realignment of County Road D between
Hazelwood Street and Trunk Highway 61. County Road D currently extends east
of TH 61, but does not connect to existing County Road D at Hazelwood Street.
This project includes the construction of this connection to make. County Road D
a through street between Hazelwood Street and TH 61.
The following improvements are included as a part of this project:
• Construction of a four -lane divided urban section roadway between TH 61 and
Hazelwood Street. The roadway alignment will be as approved by the City on May
12, 2003.
• Realignment of Hazelwood Street from County Road D to approximately 500 feet
south.
• Turn lane construction on TH 61 and the installation of a traffic signal at the new.
County Road D and TH 61 intersection.
• Storm sewer installation and storm water pond construction.
• wetland mitigation area construction.
2.$ B -1
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3. County Road D Reconstruction (Hazelwood Street to White Bear Avenue), City Project
03 -08
This project includes the reconstruction of County Road D between Hazelwood
Street and White Bear Avenue.
The following improvements are included as a part of this project:
• Reconstruction of the roadway to a four -lane divided urban section design between
Hazelwood Street and White Bear Avenue.
• Construction of turn lanes , at the Kennard Street, Southlawn Drive and White Bear
Avenue intersections.
• Installation of a traffic signal at the Kennard Street and Southlawn Drive
intersections.
• Construction of a 6 -foot wide concrete sidewalk along the south side of the roadway
between Hazelwood Street and Southlawn Drive.
4. Legacy Parkway Improvements (Kennard Street to Southlawn Drive), City Project 03 -26
This project includes the construction of Legacy Parkway between Kennard Street
and Southlawn Drive.
The following improvements are included as a part of this project:
Construction of a two -lane urban section roadway between Kennard Street and
Southlawn Drive.
• Construction of an 8 -foot wide bituminous trail or a 6 -foot wide concrete sidewalk
along all of the south side and a portion of the north side of the roadway.
• Construction of an 8 -foot wide bituminous trail loop around the perimeter of Outlot F.
• Installation of storm drainage improvements, including the construction of two storm
water ponds on Outlot F.
• Installation of sanitary sewer and watermain utilities.
5. Hazelwood Street Reconstruction (Beam Avenue to County Road D), City Project 01 -16
This project includes the reconstruction of Hazelwood Street between Beam
Avenue and County Road D.
The following improvements are included as a part of this project:
• Reconstruction of the roadway to a three -lane urban section design between Beam
Avenue and County Road D. The alignment will match the design included as a part
of the County Road D Realignment project.
• Construction of a 6 -foot wide concrete sidewalk along the east side of the roadway
between County Road D and the Lake Links Trail Corridor.
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The attached drawing further details the proposed City Improvements.
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COUNTY ROAD D REALIGN ENT,, .0 J .0t
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Exhibit C
Improvements in Lake .Links Trail Corridor
The City will construct the following Lake Links Trail Corridor Improvements as a part of the
Project.
1 Lake Links Trail Corridor Improvements
These improvements include the construction of an 8 -foot wide bituminous trail
through. the Project site between Hazelwood Street and Legacy Parkway along a
proposed Trail Easement. The trail alignment will run east /west, generally
following the existing power line easement.. The Master Developer will provide rough
grading for the proposed trail. The project will also include the construction of a
concrete box culvert underpass crossing of Kennard Street.
2. Legacy Parkway Trail Improvements, City Project 03-26
These improvements include the construction of an 8 -foot wide bituminous trail
loop around the perimeter of the wetlands and storm water ponds on Outlot F.
3. Other Sidewalk and Trail Improvements
Other sidewalk/trail construction included as a part of the City Improvements is
as follows:
• Construction of a 6 -foot wide concrete .sidewalk along the south side of County Road
D between Hazelwood Street and Southlawn Drive.
• Construction of 6 -foot wide concrete sidewalks along the east and west sides of
Kennard Street between Beam Avenue and County Road D.
• Construction of a 6 -foot wide concrete sidewalk along the east side of Hazelwood
Street between County Road D. and the Lake Links Trail Corridor.
• Construction of an 8 -foot wide bituminous trail or a 6 -foot wide concrete sidewalk
along all of the south side and a portion of the north side of Legacy Parkway.
The attached drawing further details the proposed Lake Links Trail Corridor.
-2$ C -1
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IF �_____�
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ItfltUClNgE 1 MtEA �1 013�1{NC1WtE fuxlW l
E LAKE NKS TRAIL CORRIDOR---I """� j
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EL
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CULVERT UNDERPASS 01 � J 4MAC NIrNFF01 �.
$ NOTES: WL ii .-H
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PARK AND TRAIL DiPRO CONSTRUCTED BY THE CITY WILL ALSO INCLUDE THE i Y ppN 4
FOLLOWING: `0, SLJC PARK
TRAL
1. 6' 'FIDE CONCRETE SIDEWALK ALONG SO ' 1
N SOUTH SIDE OF COUNTY ROAD D BETWEEN ` `� 0•.
W �l[AZSLWOOD 3'TREET AND soUTHLAt1N DRIVE. ,,�„
W
S. 6' WRDE CONS SIDEWALKS ALONG BOTH SIDES OF ICEPINARD ,
STREET BETWEEN , L
J
� CotrxT'Y ROAD D AND aEA AVENUE.
SO LAW
'
3. 6 WADE CON ; ` ,i,
COUNTY ROAD D AND THE LAKE LI I
� � SIDEWALK ALONG THE EAST SIDE OF HAZELWOOI3 S'TREE'T HETKEEN �" Fk, �.,� �, Q
LINKS TRAIL CORRIDOR. a / _ _ �°°'
Ml
....
4. 6' WIDE CONCRETE SIDEVALK OR 8' WIDE BMJ"OUS TRAIL ALONG THE SOUTH SIDE
OF LEGACY PARKWAY BLTWEZN KENNARD STREET AND SOUTHIANN DRIVE �i
t
b. 8' WIDE CONCRETE STDEVALK ALONG THE NORTH SIDE OF LEGACY PARKWAY BETWEEN LEGACY PARKWAY 0 too 200 440
XENNARD STREET AND THE EAST DRIVEWAY TO THE CORPORATE /COMERCUIL M TE. WETLAND TRAIL
U
C7
Le,qa DEVEL OPMENT AGREEMENT at EXHIBIT C
Maple Minnesota SEPTEMBER 2003 PARK AND TRAIL IMPROVEMENTS
1
l 7
Exhibit D
Permitted Encumbrances
Such easements, coy nan or ustrictions that do not mated 4!lv and adversely effect the
rroiett oi oy-ements caugructed on anE ;
-Phase, Master Devel wi"rovide to
written list of specific n rmitt .d encumbrances prior o Ci tv and Master Develo=
tak ini! title to any of the Proi ..t Pron .rtv.
$ D -1
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Exhibit E
Opinion
LAS, HOFmAN, DALY & LiNDGREN, LTD.
ATTORNEYS AT LAW
1500 WELLS FARGO PLAZA
7900 XERXES AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55439 -1194
TELEPHONE (952) 835 -3800
FAX (952) 896 -3333
* *[September , 2403]
City of Maplewood
1830 East County Road B
Maplewood, Minnesota 55109-2797
Re: Hartford Holdings - MW., LLC
Ladies and Gentlemen:
We are counsel to Hartford Holdings - MW, LLC, a Minnesota limited liability company (the
"Master Developer" ), and have been requested by the Master Developer to render our opinion as to the
matters hereinafter set forth in connection with execution and delivery of that certain Development
Agreement (the `Development Agreement, dated even date herewith, by and between the Master
Developer and the City of Maplewood, Minnesota (the "City" ). Unless otherwise defined herein,
capitalized terms set forth herein shall have the same meaning ascribed to them in the Development
Agreement..
1. In connection with this opinion, we have examined the Development Agreement, the
articles of organization * *[and member control agreement] of the Master Developer, certain resolutions of
the * *[board of managers] [members] of the Master Developer in connection with execution of the
Development Agreement and a certificate of the Secretary of State, dated the date hereof, as to the good
standing of the Master Developer.
2. As to various matters of fact relevant to this opinion, we have relied, without investigation,
on representations made by the Master Developer in the Development Agreement and upon certificates of
officers of the Master Developer or of public officials. We have also examined ori ginals or copies of such
corporate records and other certificates, opinions, instruments and documents, and have made such other
inquiries, as we have deemed necessary in connection with the opinions stated herein.
3. We have assumed the genuineness of all signatures, the authenticity of all documents
submitted to us as originals and the conformity to original documents of documents submitted to us as
copies. For any document executed by the City or any other party other than the Master Developer, we
have assumed that such party has all necessary power to enter into and perform all of such party's
obligations thereunder. We have assumed due authorization by all requisite action of the execution,
delivery and performance of such document by such party, and we have assumed that such document is
legal and valid and binding on such party in accordance with the terms of such document. We have also
assumed that each natural person executing any document has the capacity, and is legally competent, to
do so.
.
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9/8/03
LAIZ KW, HOFFMAN, DALY & LnvDGREN, LTD.
City of Maplewood
* *[September , 2003]
Page 2
4. Our opinions expressed herein are limited to the laws of the State of Minnesota and the
Federal Laws of the United States of America. We express no opinion as to the laws of any other state or
jurisdiction. We express no opinion on any matter governed by the law of any county, municipality, or
other political subdivision.
5. Each reference in this opinion to "our knowledge" (or any expression of like import)
means that, in the course of our. rendering services to the Master Developer in connection with the
execution of the Development Agreement, no information has come to the attention of any individual
lawyer rendering such services that gives such lawyer actual knowledge that the statement is qualified by
such reference is not accurate in all material respects. Except as otherwise expressly stated herein, we
have undertaken no independent investigation or verification of:any such statement.
6. Based upon the foregoing and subject to the qualifications expressed herein, it is our
opinion as of this date that:
(a) The Master Developer is a limited liability company duly organized, validly existing, and
in good standing under the laws of the State of Minnesota.
(b) The Master Developer has full power and authority to execute, deliver and perform its
obligations under the Development Agreement. The Master Developer has all necessary legal power and
authority to own its properties and to carry on its business as presently being conducted.
(c) The execution, delivery and performance by the Master Developer of the Development
Agreement and the consummation of the transactions contemplated thereby have been duly and validly
authorized by the * *[board of managers] [members] of the Master Developer, and no other corporate
proceeding on the part of the Master Developer are necessary to authorize the Agreement or the
transactions contemplated thereby.
(d) Neither the execution and delivery of the Development Agreement by the Master
Developer, the consummation of the transactions contemplated thereby, nor the fulfillment of the terms
and compliance with the provisions thereof, will, directly or indirectly (with or without the notice or lapse
of time): (a) contravene, conflict with, or result in a violation of (i) any provision of the articles of
organization or * *[member control agreement] of the Master Developer, or (ii) any resolution adopted by
the * *[board of managers] or the [members] of the Master Developer.
7. The Foregoing opinions are subject to the following qualifications:
(a) Each opinion expressed Herein is qualified to the extent that the legality, validity or
enforceability of any provision of the Development Agreement (or of any rights granted thereunder) may
be subject to and affected by laws of bankruptcy, insolvency, reorganization, moratorium or other lavers of
general applicability relating to or affecting the enforcement of creditors' rights (including without
limitation laws of fraudulent conveyance and fraudulent transfer).
(b) The enforceability of the Master Developer's obligations under the Development
Agreement is subj ect to general principles of equity, including (without limitation) concepts of
2
LARKuN, HoFmAN, DALY & UNDGREN, LTD.
City of Maplewood
**[September_, 2003]
Page 3
materiality, reasonableness, good faith and fair dealing, in each case regardless of whether enforceability
is considered in a proceeding in equity or law.
(c) Certain remedial and waiver provisions of the Development Agreement may be
unenforceable, but the inclusion of such provisions therein does not affect the validity of other provisions
of the Development Agreement.
(d) we express no opinion as to the title to any property, or as to the creation, perfection or
priority of any security interest, mortgage, or lien.
Our opinion is limited to the specific opinions set forth herein . and is limited in all respects to laws
and facts existing on the date of this letter. we disavow any obligation to update this opinion. letter or
advise you of any changes in our opinions m the event of changes in applicable laws or facts or if
additional or newly discovered information is brought to our attention.. In the event that any of the facts
are different from those which have been furnished to us and upon which we have relied, the opinions as
set forth cannot be relied upon.
This opinion letter is provided to you as a legal opinion only and not as a guarantee or warranty of
the matters discussed herein or in the documents referred to herein. No opinion may be inferred or
implied beyond the matters expressly stated herein or therein. This opinion is solely for your information
and is not to be quoted in whole or in part or otherwise referred to, nor is it to be filed with or disclosed to
any other person without our prior written consent. It may not be relied upon by any other person or in
any, other transaction without our express prior written consent.
Very truly yours,
LARD, HOFFMAN, DALY & LINDGREN, Ltd.
cc:
890374.1-
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www.wbaba.com P.O. Box 9328 St. Paul, Minnesota 55109 -0328
Monday, September 08, 2003
City of Maplewood
Melinda Coleman
1830 County Road B East
Maplewood, MN 55109
RE: Legacy Village
Dear Melinda Coleman;
The White Bear Avenue Business Association applauds all the hard work involved
by your department for the design of the Legacy Village project.
The Legacy Village project has the support of the White Bear Avenue Business
Association and its members.'
We encourage the City Council to approve the project.
Sincerely;
Scott Venne
Executive Director
White Bear Avenue Business Association
Agenda # G -7
MEMORANDUM
TO: City Manager
FROM: Tom Ekstrand, Assistant Community Development Director
SUBJECT: Woodlyn Ponds Town Homes - Final Plat
LOCATION: East of Ariel Street Between County Road D and Woodlynn Avenue
DATE: August 28, 2003
INTRODUCTION
Ms. Erin Mathem, of Mendota Homes, Inc., is requesting that the city council approve
the final plat for their 26 -unit twin -home development known as Woodlyn Ponds Town
Homes. The proposed development would have 10 buildings fronting on a private
roadway running south from County Road D to the Xcel power line easement. There
would also be three twin homes fronting on Woodlyn Avenue south of the Xcel
easement. Refer to the maps on pages 2-4.
BACKGROUND
July 14, 2003: The city council approved the preliminary plat, a wetland - encroachment
variance, a planned unit development and the design plans for this project. Refer to the
minutes on pages 5-11.
DISCUSSION
The applicant has started their site grading and the utility construction and is complying
with the requirements of the preliminary plat.
The applicant is preparing their wetland and wetland -buffer easement dedication
document. This must be recorded prior to getting a building permit.
RECOMMENDATION
Approve the final plat for Woodlyn Ponds. This approval is subject to the county
recording the plat, the homeowner's association documents and all required easements.
p:sec2nlmendota homeslfinal plat
Attachments:
1. Location Map
2. Area Map
3. Final Plat Reduction
4. July 14, 2003 City Council Minutes
5. Final Plat date - stamped August 28, 2003 (separate attachment)
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 14, 2003
Council Chambers, Municipal Building
Meeting No. 03 -14
H. PUBLIC HEARINGS
Attachment 4
1. 7:20 P.M. Woodlynn Pond Twin Homes (County Road D, east of Ariel Street)
Wetland Buffer Variance
Conditional Use Permit for Planned Unit Development
Preliminary Plat
Design Approval
a. City Manager Fursman presented the staff report.
Assistant Community Development Director Ekstrand presented specifics from the
report.
C. Commissioner Pearson presented the Planning Commission Report.
d. Boardmember Longrie -Kline presented the Community Design Review Board Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Erin Mathem, the applicant, Mendota Homes, Inc.
f. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving a wetland buffer
variance for the Woodlyn Ponds Twin Homes:
RESOLUTION 03 -07 -123
VARIANCE RESOLUTION
WHEREAS, Mendota Homes, Inc. has applied for a variance from the wetland buffer requirements
of the zoning ordinance.
WHEREAS, this variance applies to the property at 2090 County Road D East. The legal description
is:
TRACT A, REGISTERED LAND SURVEY NO. 463, RAMSEY COUNTY
WHEREAS, Section 36- 196(h)(3) of the wetland protection ordinance requires a 25- foot -wide
wetland buffer around the three existing Class 4 wetlands on this property.
WHEREAS, the applicant is proposing to remove these wetlands and mitigate them with a better
quality, larger wetland.
WHEREAS, the history of this variance is as follows:
On June 16, 2003, the planning commission recommended that the city council approve this
variance.
2. The city council held a public hearing on July 22, 2003. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners as required by law. The
council gave everyone at the hearing an opportunity to speak and present written statements. The
council also considered reports and recommendations from the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described
variance for the following reasons:
1. The variance will be in keeping with the spirit and intent of the ordinance since the applicant will
replace three small, poorer - quality wetlands with a larger, better - quality wetland.
Strict enforcement of the code, by requiring the preservation of the existing wetlands, would not
result in the best use and layout of the property and would, therefore, cause undue hardship. The
three subject wetlands are not of a nature that they would be an asset to the site for either water
retention or wildlife habitat. In this instance, it is an advantage to the developer, as well as the city,
to create a useable and aesthetic wetland in lieu of the existing ones.
Approval is conditioned upon the applicant doing the following:
a. Revise the site plan to provide a wetland - protection buffer around the proposed wetland. This
buffer must be an average of 25 feet wide with a minimum width of 20 feet.
b. Dedicate a wetland buffer easement to the City of Maplewood prior to obtaining a grading
permit for the project.
Install wetland - protection buffer signs around the buffer before the first unit is occupied which
states, "WETLAND BUFFER AREA —DO NOT MOW, CUT, DUMP, DISTURB BEYOND
THIS POINT —CITY OF MAPLEWOOD." These signs shall be installed not more than 100
feet apart.
d. Provide a planting plan for the wetland buffer to be approved by the watershed district.
This plan shall consist of a proposal to plant the buffer with native wetland vegetation.
Seconded by Mayor Cardinal
Ayes -All
Councilmember Koppen moved to adopt the following resolution approving a conditional use
permit for the Woodlyn Ponds Twin Homes:
RESOLUTION 03 -07 -124
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mendota Homes, Inc. applied for a conditional use permit for a planned unit development
to construct the 26 -unit Woodlyn Ponds Twin Home development.
WHEREAS, Section 36- 438(b) of the city code provides a means to allow flexibility in design by the
planned unit development process.
WHEREAS, this permit applies to the property at 2090 County Road D East. The legal description is:
TRACT A, REGISTERED LAND SURVEY NO. 463, RAMSEY COUNTY, MINNESOTA.
WHEREAS, the history of this conditional use permit is as follows:
1. On June 16, 2003, the planning commission recommended that the city council approve this permit.
2. On July 22, 2003, the city council held a public hearing. The city staff published a notice in the paper
and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance
to speak and present written statements. The council also considered reports and recommendations of
the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional
use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity
with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run -off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
All construction shall follow the plans date - stamped May 20, 2003. The city council may
approve major changes. The director of community development may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall end. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The applicant shall provide a noise evaluation for this site to determine if freeway noise would
impact their proposed units above the maximum noise levels required by the MnPCA. If freeway
noise does exceed these levels, the applicant shall reduce the outside noise within the units.
5. The homeowners association documents shall state that the visitor parking lot shall be kept open
for visitor parking and shall not be a storage area for RVs, trailers, campers and the like.
6. The applicant shall post the north -south private roadway for no parking on both sides.
The applicant shall make buyers aware, by a statement in the homeowners association
documentation hat the city will periodically burn the prairie grass on the abutting Maplewood
Open space property.
Seconded by Mayor Cardinal
Ayes -All
Councilmember Koppen moved to adopt the preliminary plat for the Woodlyn Ponds Twin
Homes The developer shall complete the following before the city council approves the final
Rlat:
Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet all
city requirements.
b. Pay the city for the cost of traffic- control, street identification and no- parking signs.
c. Provide all required and necessary easements, including ten -foot drainage and utility
easements around the perimeter of the property, the wetland buffer easement and the 10 -foot
pedestrian easement along the north of the property.
d. Cap and seal any wells on site.
e. Have Xcel Energy install street lights. The exact location and type of light shall be subject to
the city engineer's approval.
f. Install permanent signs around the edge of the wetland buffer easement. These signs shall
mark the edge of the easements and shall state that there shall be no mowing, vegetation
cutting, filling, grading or dumping beyond this point. City staff shall approve the sign
design and location before the contractor installs them. The developer or contractor shall
install these signs before the city issues building permits in this plat.
g. Install survey monuments along the wetland boundaries.
2. *Have the city engineer approve final construction and engineering plans. These plans shall
0
include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all
the conditions and changes listed in the Engineering Plan Review memo dated June 6, 2003.
3. Paying for costs related to the engineering department's review of the construction plans. This
escrow amount is $1,000.
4. Label the common areas as "lots" instead of `outlets."
5. Obtain a permit from the Ramsey - Washington Metro Watershed District for grading. Also
obtain MnPCA and NPEDS (National Pollution Elimination Discharge System) permits.
6. If the developer decides to final plat part of the preliminary plat, the director of community
development may waive any conditions that do not apply to the final plat.
. Submitting the homeowners association bylaws and rules to the director of community
development. These are to assure that there will be one responsible party for the maintenance of
the private utilities, driveways and common areas. The applicant shall submit these prior to
obtaining a building permit.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Seconded by Mayor Cardinal
Ayes -All
Councilmember Koppen moved to approve the architectural and site plans date - stamped July 1,
2003 and landscape plans date - stamped May 20 2003 for the Woodlyn Ponds Twin Homes:
Approval is subject to the developer complying with the following conditions:
Repeat this review in two years if the city has not issued a building permit for this project.
Complete the following before the city issues a grading permit:
a. Have the city engineer approve final engineering plans, subject to compliance with the
Maplewood Engineering Plan Review dated June 6, 2003 from the staff report. This data
shall be considered an addendum to these conditions.
b. Dedicate a 25 -foot (average width) wetland - protection buffer easement to the City of
Maplewood around the proposed wetland. This buffer may narrow to 20 feet.
c. Provide a revised landscape plan for the wetland- protection buffer for approval by the
Ramsey- Washington Metro Watershed District and the city engineer. This plan shall also
include a defined edge to delineate the lot line between the open space prairie and the
applicant's property. This edge shall be created by the installation of a decorative split -rail
fence or a tree /shrub line in addition to the proposed retaining walls. If plantings are
proposed, they shall be of a non - invasive species an shall be subject to staff approval.
d. Provide written approval from Xcel for any deck encroachment into their easement.
e. Provide engineering data for the retaining wall if the height would exceed four feet.
2. Complete the following before the city issues a building permit:
a. Provide revised north building elevations for the townhouses adjacent County Road D to
include a brick wainscot or other brick enhancement. This is subject to staff approval.
b. Install wetland - protection buffer signs around the wetland buffer edge which states,
"WETLAND BUFFER AREA —DO NOT MOW, CUT, DUMP, DISTURB BEYOND THIS
POINT —CITY OF MAPLEWOOD." These signs shall be installed not more than 100 feet
apart.
c. The north -south private roadway shall have continuous concrete curb and gutter. This
roadway shall be 24 feet wide and be posted for "no parking" on both sides.
d. The 18.5 -foot east driveway in front of Lots 5 & 6 by Woodlyn Avenue shall be kept free of
snow and posted for "no parking ".
e. Submit a lawn - irrigation plan to staff showing the location of sprinkler heads. (code
requirement)
f. Submit a certificate of survey for all new construction.
g. Get the necessary approvals and permits from the watershed district.
h. Provide the city with verification that the units will meet all state noise standards. This shall
be with a study, testing or other documentation. If the noise levels on this site violate any of
the state standards, then the contractor will have to construct the building so that it can meet
the noise standards. This may be done with thicker walls, heavier windows, requiring air
conditioning or other sound - deadening construction methods. The developer shall provide
the city with this documentation before the city will issue a building permit for the building.
A cash escrow or an irrevocable letter of credit for all required exterior improvements. The
amount shall be 150 percent of the cost of the work.
4. Relocate the bituminous trail to the south to widen the boulevard and to align the
trail away from the street edge.
5. Complete the following:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards.
C. Install a reflectorized stop sign at County Road D.
d. Install and maintain an in- ground sprinkler system for all landscaped areas.
e. Install streetlights at the County Road D roadway connection, at the end of the
private roadway by the visitor parking lot and at the Woodlyn Avenue driveway
connection.
f. Remove the old barbed wire fencing around the perimeter of the site.
10
g. The landscape islands located between the town houses, in the driveways, on the
July 1, 2003, site plan are optional for the developer.
h. Install a sidewalk along the Woodlyn Avenue frontage as required in the assistant
city engineer's report.
6. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above - required letter of credit or cash escrow is held by the city for all required exterior
improvements. The owner or contractor shall complete any unfinished landscaping by June
1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the
building is occupied in the spring or summer.
c. The city receives an agreement that will allow the city to complete any unfinished work.
7. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Mayor Cardinal
Ayes -All
11
Agenda # G -8
MEMORANDUM
TO:
FROM:
SUBJECT
PROJECT:
LOCATION:
DATE:
City Manager
Ken Roberts, Associate Planner
Final Plat
Dearbom Meadow East
Castle Place, south of Castle Avenue
August 20, 2003
INTRODUCTION
Patrick Kinney is requesting that the city council approve the Dearborn Meadow East final plat.
Mr. Kinney represents the properly owner and builder of the development. This plat would create
nine lots for town houses in the second phase of the project and would be on Castle Place, south
of Castle Avenue. (See the maps on pages three - seven.)
BACKGROUND
On May 27, 2003, the city council approved the following for the revised Dearborn Meadow
plans:
1. A revision to the approved conditional use permit (CUP) for a planned unit development
(PUD). The revised PUD was for 15 town houses, instead of the approved nine -unit
development that the city approved in 2002.
2. A revised preliminary plat for 15 lots for the 15 housing units.
3. The design plans for the site, landscaping and buildings.
Please see the minutes starting on page eight.
On July 14, 2003, the city council approved the final plat for Dearborn Meadow. This plat created
the first six lots for this development.
DISCUSSION
The developer's contractor is progressing with this plat, including having started the site grading
and the utility construction. He has finished all the conditions the council required for final plat
approval.
RECOMMENDATION
Approve the Dearborn Meadow East final plat. This approval is subject to the county recording
the deed restrictions and covenants required by the city.
pmecll/Dearbonn Meadow East final plat.doc
Attachments:
1.
Location Map
2.
Area Map
3.
Property Line/Zoning Map
4.
Proposed Final Plat
5.
Approved Preliminary Plat
6.
5 -27 -03 Council Minutes
7.
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Attachment 6
MINUTES
MAPLEWOOD CITY COUNCIL
7:04 P.M., Tuesday, May 27, 2003
Council Chambers, Municipal Building
Meeting No. 03 -11
H. PUBLIC HEARINGS
1. 7:32 p.m. Dearborn Meadow East (Castle Avenue)
Conditional Use Permit Revision for Planned Unit Development
Preliminary Plat Revision
Design Approval
a. City Manager Fursman presented the staff report.
Associate Planner Roberts presented specifics from the report.
C. Commissioner Dierich presented the Planning Commission Report.
d. Boardmember Shankar presented the Community Design Review Board Report.
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Patrick Kinney, the applicant, 4108 Oakmede, White Bear Lake
d. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the following resolution approving a revision to the
conditional use permit for a planed unit development for the 15 -unit Dearborn Meadow and
Dearborn Meadow East development on the south side of Castle Avenue:
RESOLUTION 03 -05 -092
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, Mr. Pat Kinney applied for a conditional use permit (CUP) revision for the
Dearborn Meadow residential planned unit development (PUD).
WHEREAS, this permit applies to the 15 -lot Dearborn Meadow East development the city
received on April 7, 2003. The legal description is:
Lots 16 and 17, Block 6, Lots 27, 28, 29 and the east half of Lot 26, Block 7, Lots 1, 2, and 3,
Block 10, Lots 14 and 15, Block 11, and Lots 18 -22, Block 6; and Lots 9 -13, Block 11, all in
Dearborn Park, together with adjacent alleys and streets, in Section 11, Township 29, Range 22,
Ramsey County, Minnesota. (The property to be known as Lots 1 -6 of Dearborn Meadow and Lots
1 -9 of Dearborn Meadow East)
WHEREAS, the history of this conditional use permit is as follows:
0
On May 5, 2003, the planning commission recommended that the city council approve this
permit.
2. On May 27, 2003, the city council held a public hearing. The city staff published a notice in
the paper and sent notices to the surrounding property owners. The council gave everyone at
the hearing a chance to speak and present written statements. The council also considered
reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described
conditional use permit because:
The use would be located, designed, maintained, constructed and operated to be in conformity
with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or
other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans approved by the city. The city council may approve
major changes to the plans. The Director of Community Development may approve minor
changes to the plans. Such changes shall include:
a. Revising the grading and site plans to show:
(1) The developer minimizing the loss or removal of natural vegetation including
keeping and protecting as many of the trees as possible.
(2) All driveways at least 20 feet wide. If the developer wants to have parking on one
side of the main drive (Castle Place), then it must be at least 28 feet wide.
(3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet.
(4) Revised storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's design standards.
2. The proposed construction (of Dearborn Meadow East) must be substantially started within
one year of council approval or the permit shall end. The council may extend this deadline for
one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes noted in the engineer's memo dated April 24, 2003.
4. The approved setbacks for the principal structures in the Dearborn Meadow shall be:
a. Front -yard setback (from a public street or a private driveway): minimum - 20 feet,
maximum — 35 feet
b. Front -yard setback (public side street): minimum - 30 feet, maximum - none
c. Rear -yard setback: 30 feet from any adjacent residential property line
d. Side -yard setback (town houses): minimum - 20 feet from a property line and 20 feet
minimum between buildings.
5. The developer or builder will pay the city Park Access Charges (PAC fees) for each
housing unit at the time of the building permit for each housing unit.
6.The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public
improvements and meet all city requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris or junk from the site.
7. The city council shall review this permit in one year.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Wasiluk moved to approve the Dearborn Meadow East preliminary plat based
on the following conditions:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet all
city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
10
c. Pay the city for the cost of traffic - control, street identification and no- parking signs.
d. Provide all required and necessary easements (including all utility easements and ten -foot
drainage and utility easements along the front and rear lot lines of each lot and five -foot
drainage and utility easements along the side lot lines of each lot).
e. Cap and seal any wells on site.
f. Have Xcel Energy install a street light at the intersection of Castle Avenue and the proposed
private driveway (Castle Place). The exact location and type of light shall be subject to the
city engineer's approval.
g. Install permanent signs around the edge of the wetland buffer easement. These signs shall
mark the edge of the easements and shall state that there shall be no mowing, vegetation
cutting, filling, grading or dumping beyond this point. City staff shall approve the sign
design and location before the contractor installs them. The developer or contractor shall
install these signs before the city issues building permits in this plat.
h. Install survey monuments along the wetland boundaries.
2.* Have the city engineer approve final construction and engineering plans. These plans shall
include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all
the conditions and changes listed in the memo dated April 28, 2003, and shall meet the
following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall:
(1) Include proposed building pad elevation and contour information for each home site.
The lot lines on this plan shall follow the approved preliminary plat.
(2) Include contour information for all the land that the construction will disturb.
(3) Show housing pads that reduce the grading on sites where the developer can save
large trees.
(4) Show the proposed street and driveway grades as allowed by the city engineer.
(5) Include the tree plan that:
• Shows where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
• Shows no tree removal beyond the approved grading and tree limits.
(6) Show drainage areas and the developer's engineer shall provide the city engineer
with the drainage calculations. The drainage design shall accommodate the runoff from
the surrounding areas. The undeveloped parcel to the east of this site shall have
unrestricted access to the storm sewer with a capacity to accommodate post
11
development runoff.
c. The street and utility plans shall show the:
(1) Water service to each lot and unit.
(2) Repair of Castle Avenue (street and boulevard) after the developer connects to the
public utilities and builds the private driveways.
3. Paying for costs related to the engineering department's review of the construction plans.
4. Change the plat as follows:
a. Add drainage and utility easements as required by the city engineer. This shall include a 30-
foot -wide easement for the existing 16 -inch water main and easements for any other existing
utilities on the site. The Saint Paul Regional Water Services (SPRWS) shall approve the
description and location of the easement for the water main.
b. Show drainage and utility easements along all property lines on the final plat. These
easements shall be ten feet wide along the front and rear property lines and five feet wide
along the side property lines.
c. Label the north /south part of the private driveway as Castle Place, label Castle Street as
Castle Avenue and label the east/west part of the private driveway as Castle Court on all
plans.
d. Label the common area as Outlot A.
5. Secure and provide all required easements for the development including any off -site drainage
and utility easements.
6. The developer shall complete all grading for public improvements and overall site drainage. The
city engineer shall include in the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
7. If necessary, obtain a permit from the Ramsey- Washington Metro Watershed District for
grading.
8. If the developer decides to final plat part of the preliminary plat, the director of community
development may waive any conditions that do not apply to the final plat.
9.* Submitting the homeowners' association bylaws and rules to the director of community
development. These are to assure that there will be one responsible party for the maintenance of
the private utilities, driveways and common areas.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Seconded by Councilmember Koppen Ayes -All
12
Councilmember 7uenemann moved to approve the Dearborn Meadow East plans date - stamped
April 7 2003 (site plan landscape plan grading and drainage plans and building elevations) for
Dearborn Meadow. The city bases this approval on the findings required by the code and the
following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Complete the following before the city issues a building permit:
a.* Have the city engineer approve final construction and engineering plans. These plans
shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and
parking lot plans. The plans shall meet the following conditions:
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information.
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed board or
by the city engineer.
(d) Show a berm (two to four feet high) along the south property line of the site.
(3)* The tree plan shall:
(a) Be approved by the city engineer before site grading or tree removal.
(b) Show where the developer will remove, save or replace large trees. This plan
shall include an inventory of all existing large trees on the site.
(c) Show the size, species and location of the replacement trees. The deciduous trees
shall be at least two and one half (2 0) inches in diameter and shall be a mix of
red and white oaks and sugar maples.
(d) Show no tree removal beyond the approved grading and tree limits.
(4) All the parking areas and driveways shall have continuous concrete curb and
gutter except where the city engineer decides that it is not needed. The applicant and
the city engineer shall review the curbing plan to possibly eliminate the right angles
on the east end of Castle Court.
(5) There shall be no parking on one side of the 28- foot -wide driveway (Castle Place).
The developer or contractor shall post Castle Place with no parking signs to meet the
above - listed standard. The city will allow parking on Castle Court.
b. Submit a certificate of survey for all new construction and have each building staked by a
13
registered land surveyor.
c. Submit a revised landscape plan to staff for approval that incorporates the following details:
(1) All trees would be consistent with city standards for size, location and species.
(2) Planting (instead of sodding) the disturbed areas around the wetland with native
grasses and native flowering plants. The native grasses and flowering plants shall be
those needing little or no maintenance and shall extend at least four feet from the
ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs
and to reduce the temptation of people mowing into the pond.
(3) The ash trees must be at least 2 0 inches in caliper, balled and burlapped.
(4) The plantings proposed around the front of the units shown on the landscape plan
date - stamped April 7, 2003, shall remain on the plan.
(5) In addition to the above, the contractor shall sod all front, side and rear yard areas
(except for mulched and edged planting beds and the area within the wetland easement).
(6) The contractor shall restore the Castle Avenue boulevard with sod.
(7) Adding ten more evergreen trees (Black Hills spruce or Austrian pines) to the
proposed evergreen trees along the north and south property lines of the site. These
trees are to be at least six feet tall and the contractor shall plant these trees in staggered
rows on the berm. This shall include adding trees between proposed Units 7 and 8 at the
northeast corner of the site.
d. Present a color scheme for the buildings with a variety of colors to staff for approval.
e. Present a revised building plan for staff approval that shows brick wainscoting on the north
sides of all the units that are along Castle Avenue.
f. If necessary, get an access permit from MnDOT for the driveways that will be on Castle
Avenue (as MnDOT has not turned Castle Avenue back to the city).
g. Provide the city with a letter of credit or cash escrow for all required exterior improvements.
The amount shall be 150 percent of the cost of the work.
3. Complete the following before occupying each building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the area within
the easement, which may be seeded.
c. Install continuous concrete curb and gutter along all interior driveways and around all open
parking stalls.
d. The developer or contractor shall:
14
(1) Place temporary orange safety fencing and signs at the grading limits.
(2) Remove any debris or junk from the site.
e. Put addresses on each building for each unit.
f. Provide a driveway turn around for Lot 7 on Castle Avenue.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above - required letter of credit or cash escrow is held by the City of Maplewood for all
required exterior improvements. The owner or contractor shall complete any unfinished
exterior improvements by June 1 if occupancy of the building is in the fall or winter, or
within six weeks of occupancy of the building if occupancy is in the spring or summer.
5. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Collins Ayes -All
15
Agenda # G -9
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Final Plat
PROJECT: Beaver Lake Townhomes Third Addition
LOCATION: South of Maryland Avenue and east of Lakewood Drive
DATE: August 19, 2003
INTRODUCTION
Tony Emmerich is requesting that the city council approve the Beaver Lake Townhomes Third
Addition final plat. Mr. Emmerich represents the developer, Semler Construction. This final plat
would create 18 lots in the third phase of the detached town houses within the site. This plat will
be south of Maryland Avenue and east of Lakewood Drive. (See the maps on pages 3 - 7.)
BACKGROUND
On May 28, 2002, the city council made several approvals for the Beaver Lake Townhouses.
These included:
A conditional use permit (CUP) for a planned unit development (PUD) for a 148 -unit housing
development. The applicant requested the CUP because Section 36- 566(a) of the city code
(shoreland district regulations) requires a PUD for developments with buildings having more
than four units when the site is in the shoreland district of a lake. In this case, the site is in
the shoreland district of Beaver Lake and will have a mix of housing with 40 single - family
detached townhomes and 108 rental units in 11 8 -unit and 5 4 -unit buildings. In addition,
having a PUD gives the city and developer a chance to be more flexible with site design and
development details (such as setbacks and street right -of -way and pavement widths) than
the standard city requirements would normally allow. (See the approved site plan on page 7.)
2. Street right -of -way and easement vacations. These would be for the unused street right -of-
ways and easements on the site.
3. A preliminary plat to create the lots in the development.
4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to
buy about 8.9 acres of the project site for park and open space purposes.
(See the city council minutes starting on page 8.)
On July 9, 2002, the community design review board (CDRB) approved the proposed design
plans (architectural, landscaping, etc.) for the development. Mr. Emmerich appealed to the city
council a part of the CDRB's approval about brick on the exteriors of the four and eight -unit
buildings.
On August 12, 2002, the city council approved Mr. Emmerich's appeal of the CDRB's condition
about adding more brick to the four and eight -unit buildings within the site. (That is, the city will
not be requiring Mr. Emmerich to add more brick to the buildings as the CDRB required.)
On August 26, 2002, the city council awarded the contract for the construction of the Beaver
Lake sanitary sewer improvement project to Barbarossa and Sons, Inc. They completed this
sewer project in December 2002.
On November 13, 2002, the city council approved the first final plat for the Beaver Lake
Townhomes. This plat created six lots for detached town houses along Maryland Avenue,
several outlots for future phases of the development and the park area along the creek in the
center of the site.
On March 31, 2003, the city council approved the Beaver Lake Townhomes Second Addition
final plat. This plat created sixteen lots for detached town houses south of Maryland Avenue and
west of Sterling Street.
On June 9, 2003, the city council reviewed the conditional use permit for the development and
agreed to review it again in one year.
DISCUSSION
The developer has started grading and utility construction within this plat. In addition, the city's
contractor has finished the construction of the new trunk sanitary sewer line through the site. The
developer has completed all the conditions the council required for final plat approval.
RECOMMENDATION
Approve the Beaver Lake Townhomes Third Addition final plat. This approval is subject to the
county recording the deeds, deed restrictions and covenants required by the city.
p:sec25Beaver Lake Townhomes Third fin plat.doc
Attachments:
1. Location Map
2. Property Line/Zoning Map
3. Area Map
4. Proposed Final Plat
5. Project Site Plan
6. 5 -28 -02 Council Minutes
7. Proposed Final Plat (Separate Attachment)
2
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4. 9:33 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue)
A. Conditional Use Permit for a Planned Unit Development (PUD)
B. Street Right -Of -Way and Easement Vacations
C. Preliminary Plat
a. Assistant City Manager Coleman presented the report.
Associate Planner Roberts presented the specifics of the report.
C. Commissioner Rossbach presented the Planning Commission report.
Councilmember Collins moved to extend the meeting until all agenda items are addressed
Seconded by Councilmember Juenemann Ayes -All
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Laurence Olson, LSJ Engineering, Representing the Developer of Beaver Lake Townhomes
Mark Dorling, 1115 Sterling Street North, Maplewood
Kay Peterson, 1085 Mary Street, Maplewood
Margaret Lutfey, 1076 Mary Street, Maplewood
Bob Zick, 1880 E. Shore Drive, Maplewood
Kevin Berglund, 1929 Kingston Avenue, Maplewood
Joan Dorling, 1115 Sterling Street North, Maplewood
Will Rossbach, 1386 E. County Road C, Maplewood
Kay Peterson, Second Appearance
Mark Dorling, Second Appearance
Bob Zick, Second Appearance
Kevin Berglund, Second Appearance
Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving a conditional use permit
for a planned unit development for the Beaver Lake Townhome development on the south side of
Maryland Avenue between Sterling Street and Lakewood Drive:
RESOLUTION 02 -05 -098
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for a conditional use permit
(CUP) for the Beaver Lake Townhomes residential planned unit development (PUD).
WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of
Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey
County, Minnesota. (PINS 25- 29 -22 -21 -0010 and 25- 29- 22 -21- 0011.)
City Council Meeting 05 -28 -02
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WHEREAS, the history of this conditional use permit is as follows:
1. On April 15, 2002, the planning commission recommended that the city council approve this permit.
On May 28, 2002, the city council held a public hearing. The city staff published a notice in the
paper and sent notices to the surrounding property owners. The council gave everyone at the hearing
a chance to speak and present written statements. The council also considered reports and
recommendations of the city staff and planning commission. The council tabled action on the
development request until May 14, 2001.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use
permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity with
the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property,
because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water
run -off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and fire
protection, drainage structures, water and sewer systems, schools and parks.
The use would not create excessive additional costs for public facilities or services.
The use would maximize the preservation of and incorporate the site's natural and scenic features into
the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date - stamped March 12, 2002 except for the following changes:
a. Revising the grading and site plans to show:
(1) No grading or ground disturbance in the park dedication area and in the wetland and stream
buffer areas except:
(a) As allowed by the watershed district.
(b) For the utilities, trails and footbridge.
City Council Meeting 05 -28 -02
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(2) The required trails and sidewalks.
(3) Revised storm water pond locations and designs as suggested or required by the watershed
district or city engineer. The ponds shall meet the city's design standards.
(4) The developer minimizing the loss or removal of natural vegetation including keeping and
protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and
near the south side of the stream corridor near the rear of proposed buildings 26 -34.
(5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a
driveway, then that driveway must be at least 28 feet wide.
(6) All parking stalls with a width of at least nine feet and a length of at least 18 feet.
b. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood.
This dedication is to help protect the most sensitive natural features on the site and would protect
this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground
disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site
(primarily around the stream) main as it is now. The Parks and Recreation Director shall approve the
land or the area(s) for dedication to the city.
The city shall use the Greenways grant from the DNR, while matching the state dollars with city
open space money, (as is required) to buy the protected area along the stream and wetlands labeled as
Park Dedication on the plan dated March 12, 2002.
The city council may approve major changes to the plans. The director of community development
may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or the
permit shall end. The council may extend this deadline for one year.
3.* Have the city engineer approve final construction and engineering plans. These plans
shall:
a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and
parking lot plans.
b. Show no grading or ground disturbance (except where utilities or trails are installed) in the:
(1) Required wetland and stream buffer areas.
(2) Park Dedication area. This land will be for city park and open space purposes. The developer
and contractors shall protect the park dedication area, including the grove of coniferous trees
(pines) (an area of natural significance) that is in and near the south side of the stream corridor,
from encroachment from equipment, grading or filling.
City- required trails are allowed in the buffer and park dedication areas.
c. Include a storm water management plan for the proposal.
City Council Meeting 05 -28 -02
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d. Include a coordinated plan with the public works department for the design and installation of the
sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs
through the site.
4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval
of the city engineer. If needed, the developer shall be responsible for getting any off -site pond and
drainage easements.
5. The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet
all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the
edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or
dumping.
d. Install survey monuments along the wetland boundaries.
e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site.
Install a six - foot -wide concrete sidewalk along the south side of Maryland Avenue between Sterling
Street and the west property line of the site. The developer's engineer shall show this sidewalk on
the grading and construction plans. The city engineer shall approve the details of these plans.
g. Construct an eight- foot -wide paved public walkway and two -rail split -rail fencing in the following
locations:
(1) From Private Driveway A in the west side of the site between Lots 8 and 9 to near the
stream in the center of the site.
(2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the
stream in the center of the site.
The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer
area. The developer's engineer shall design the trails to follow the existing property contours and
proposed utility corridors to save as many trees as possible and to minimize the amount of grading
necessary to install the trails.
h. Restore all disturbed areas within the stream corridor and park dedication area with
a native seed mix approved by the watershed district and by the city engineer.
6.* The developer shall give the city wetland easements over the wetlands and the stream. The
easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The
easements also shall cover the stream and any land within 50 feet of the top of the stream bank.
These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of
the wetland and the stream or within the wetland itself. The purpose of this easement is to protect
City Council Meeting 05 -28 -02
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the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream
habitat from encroachment.
7. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be:
a. Front -yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet
b. Front -yard setback (public side street): minimum - 25 feet, maximum - 40 feet
c. Rear -yard setback: none
d. Side -yard setback (town houses): minimum - 5 feet to a property line and 10 feet
minimum between buildings
e. Side yard setbacks (apartments): 20 feet minimum between buildings
8. This approval does not include the design approval for the townhomes or for the apartments. The
project design plans, including architectural, site, lighting, tree and landscaping plans, shall be
subject to review and approval of the community design review board (CDRB). The projects shall be
subject to the following conditions:
a. Meeting all conditions and changes as required by the city council.
b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city
council approves taller structures).
c. The developer shall design the structures to reduce their visibility from the lake. This shall include
using vegetation, topography, increased setbacks, color or other means to accomplish the
screening. The city may require additional vegetation to help screen these facilities.
d. For the driveways:
(1) Minimum width - 20 feet.
(2) Maximum width - 28 feet.
(3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides.
Driveways at least 28 feet wide may have parking on one side and shall be posted for no
parking on one side.
e. Showing all changes required by the city as part of the conditional use permit for the planned unit
development (PUD).
9. The city shall not issue any building permits for construction on an outlot (per city code
requirements). The developer must record a final plat to create buildable lots for any outlot in the
preliminary plat before the city will issue a building permit.
10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this
development.
City Council Meeting 05 -28 -02
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11. The city council shall review this permit in one year.
Seconded by Councilmember Wasiluk Ayes -All
Councilmember Koppen moved to adopt the following resolution approving a street right -of -way and
easement vacations for the Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue):
RESOLUTION 02 -05 -099
STREET RIGHT -OF -WAY VACATION RESOLUTION
WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following
described street right -of -ways:
That part of the Sterling Street right -of -way as a roadway easement according to the document filed with
Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition.
2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition
lying between the east right -of -way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake
Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended
south.
All in Section 25, Township 29, Range 22 in Ramsey County.
WHEREAS, the history of these vacations is as follows:
On April 15, 2002, the planning commission recommended that the city council approve these street
vacations.
2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood
Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a
chance to speak and present written statements. The council also considered reports and recommendations
from the city staff and planning commission. The council tabled action on the development request until
May 14, 2001.
WHEREAS, after the city approves this vacation, public interest in the property will go to the following
abutting properties:
1. Lot 5, Block 2, Beaver Lake Addition (PIN 25- 29 -22 -21 -0010)
2. Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25- 29 -22 -21 -0011)
The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25,
Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25- 29 -22 -24 -0072)
4. Except the North 290.66 feet of the West 1/2 North 677.06 feet of the West 1/2 of the SE 1/4 of the NW
1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25- 29 -22 -24 -0073)
All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota.
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City Council Meeting 05 -28 -02
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NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described vacation since it
is in the public interest based on the following reasons:
The adjacent properties have adequate street access.
These right -of -ways are not needed for the public purpose of street construction.
The developer will be building private streets and driveways in the project.
RESOLUTION 02 -05 -100
EASEMENT VACATION RESOLUTION
WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following -
described easements:
That part of the following sanitary sewer easement according to document number 1504484 lying within
Lots 7 and 8, Block 2, Beaver Lake Addition, described as follows:
Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29,
Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest
quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet;
thence South 1 degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21
minutes, 30 seconds East a distance of 170.25 feet more or less to a point on the West line of the 50 foot
sewer easement hereinafter described, all of the foregoing being over Lot 8, Block 1 and Lots 7 and 8,
Block 2, Beaver Lake Addition.
All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25,
Township 29, Range 22, Maplewood, Minnesota.
WHEREAS, the history of this vacation is as follows:
1. On April 15, 2002, the planning commission recommended that the city council approve these vacations.
On May 28, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood
Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a
chance to speak and present written statements. The council also considered reports and recommendations
from the city staff and planning commission. The council tabled action on the development request until
May 14, 2001.
WHEREAS, after the city approves these vacations, public interest in the property will go to the following
abutting property:
Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25- 29- 22 -21-
0011)
All in Section 25, Township 29, Range 22, Ramsey County, Minnesota
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described
vacations for the following reasons:
It is in the public interest.
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City Council Meeting 05 -28 -02
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2. The city and the adjacent property owners have no plans to build a street or utilities in these
locations.
3. The adjacent properties have access to public streets and utilities.
Seconded by Councilmember Collins Ayes -All
Councilmember Kopp en moved to adopt the preliminary plat for Beaver Lake Townhome development
on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. The developer
shall complete the following before the city council approves the final plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet all city
requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Have Xcel Energy install Group V rate street lights in at least 15 locations - primarily at street and
driveway intersections and street or driveway curves. The exact style and location shall be subject to
the city engineer's approval.
d. Pay the city for the cost of traffic- control, street identification and no parking signs.
e. Provide all required and necessary easements.
f Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines.
g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue.
This is to replace the existing driveways and driveway aprons on these streets. This shall include the
repair of the pavement and the restoration and sodding of the boulevards.
h. For the trails and sidewalks, complete the following:
{1) Construct an eight- foot -wide paved public walkway and two -rail split -rail fencing in the
following locations:
a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the
stream in the center of the site.
b. From Private Drive D in the east side of the site, between Lots 21 and 22 to
near the stream.
All trails between lots shall be in a publicly -owned pedestrian way or outlot.
(2) The developer also shall build a six - foot -wide sidewalk along the south side of
Maryland Avenue between Sterling Street and the west property line of the site.
City Council Meeting 05 -28 -02
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(3) The developer shall install a two -rail split -rail fence on both sides of each trail
and posts at the end of the trails to prevent motorized vehicles from using the
trail.
(4) The developer shall build the trails, sidewalks and fencing with the driveways
and streets before the city approves a final plat.
(5) The city engineer must approve these plans.
Install permanent signs around the edge of the wetland and stream buffer easements.
These signs shall mark the edge of the easements and shall state there shall be no
mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff
shall approve the sign design and location before the contractor installs them. The
developer or contractor shall install these signs before the city issues building permits
in this plat.
j. Install survey monuments along the wetland boundaries.
k. Install survey monuments and signs along the edges of the area labeled "Park
Dedication." These signs shall explain that the area beyond the signs is a public park
area and that there shall be no building, fences, mowing, cutting, filling, dumping or
other ground disturbance in that area. The developer or contractor shall install these
signs before the city issues building permits in this plat.
1. Install signs where the driveways for the apartments and for the town houses intersect
the public streets indicating that they are private driveways.
2.* Have the city engineer approve final construction and engineering plans. These plans shall
include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street
plans. The plans shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information for each
building site. The lot lines on this plan shall follow the approved
preliminary plat.
(2) Contour information for all the land that the construction will disturb.
(3) Building pads that reduce the grading on site where the developer can save
large trees.
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City Council Meeting 05 -28 -02
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(4) The street, driveway and trail grades as allowed by the city engineer.
(5) All proposed slopes on the construction plans. The city engineer shall
approve the plans, specifications and management practices for any slopes
steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and
implement a stabilization and planting plan. These slopes shall be protected
with wood fiber blanket, be seeded with a no- maintenance vegetation and be
stabilized before the city approves the final plat.
(6) All retaining walls on the plans. Any retaining walls taller than four feet
require a building permit from the city. The developer shall install a
protective rail or fence on top of any retaining wall that is taller than four
feet.
(7) Sedimentation basins or ponds as required by the watershed board or by the
city engineer.
(8) No grading beyond the plat boundary without temporary grading easements
from the affected property owner(s).
(9) Additional information for the property south of the project site. This shall
include elevations of the existing ditch, culverts and catch basins and enough
information about the storm water flow path from the proposed ponds.
(10) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of
proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales
shall be protected with permanent soil - stabilization blankets.
(11) Restoration in the stream corridor and park dedication area being done with
native seed mix or vegetation as approved by the city engineer and by the
watershed district.
c.* The tree plan shall:
(1) Be approved, along with the landscaping, by the Community Design Review
Board (CDRB) before site grading or final plat approval.
(2) Show where the developer will remove, save or replace large trees. This plan
shall include an inventory of all existing large trees on the site.
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City Council Meeting 05 -28 -02
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(3) Show the size, species and location of the replacement and screening trees.
The deciduous trees shall be at least two and one half (2 O) inches in diameter
and shall be a mix of red and white oaks, ash, lindens, sugar maples or other
native species. The coniferous trees shall be at least eight (8) feet tall and shall
be a mix of Black Hills Spruce, Austrian pine and other species.
(4) Show no tree removal in the buffer zones, park dedication areas or beyond the
approved grading and tree limits.
(5) Include for city staff a detailed tree planting plan and material list.
(6) Group the new trees together. These planting areas shall be:
(a) near the ponding areas
(b) on the slopes
(c) along the trails
(d) along the east side of Lakewood Drive to screen the proposed buildings
from Beaver Lake
(e) along the south side of the site (west of Sterling Street) to screen the
development from the existing house to the south
The developer may use the tree groupings to separate the different types of
residences.
(7) Show the planting of at least 270 trees after the site grading is done.
d. The street, trail, sidewalk and utility plans shall show:
(1) An eight- foot -wide paved public walkway and two -rail split -rail fencing in the
following locations:
a. From Private Drive A in the west side of the site between Lots 8 and 9 to near
the stream in the center of the site.
b. From Private Drive D in the east side of the site, between Lots 21 and 22 to
near the stream.
The parks and recreation director shall approve their locations and design.
(2) The public streets and driveways shall be a 9 -ton design with a maximum
street grade of eight percent and the maximum street grade within 75 feet of all
intersections at two percent.
23
City Council Meeting 05 -28 -02
FW
(3) All the streets, parking areas and driveways with continuous concrete curb and
gutter except where the city engineer decides that it is not needed for drainage
purposes.
(4) The removal of the unused driveways and driveway aprons and the completion of
the curb and gutter on Sterling Street and on Maryland Avenue and the
restoration and sodding of the boulevards.
(5) The coordination of the water main locations, alignments and sizing with the
standards and requirements of the Saint Paul Regional Water Services (SPRWS).
Fire flow requirements and hydrant locations shall be verified with the
Maplewood Fire Department.
(6) All utility excavations located within the proposed right -of -ways or within
easements. The developer shall acquire easements for all utilities that would be
outside the project area.
(7) The plan and profiles of the proposed utilities.
(8) Details of the ponds and the pond outlets. The outlets shall be protected to
prevent erosion.
(9) A coordinated sewer realignment and reconstruction plan. The city engineer
must approve the sanitary sewer realignment plans.
(10) A six - foot -wide concrete sidewalk along the south side of Maryland Avenue
between Sterling Street and the west property line of the site.
e. The drainage plan shall ensure that there is no increase in the rate of storm water run-
off leaving the site above the current (predevelopment) levels. The developer's
engineer shall:
(1) Verify inlet and pipe capacities.
(2) Have the city engineer verify the drainage design calculations.
3. Pay the costs related to the engineering department's review of the construction plans.
4. Change the plat as follows:
a. Show drainage and utility easements along all property lines on the final plat. These
easements shall be ten feet wide along the front and rear property lines and five feet
wide along the side property lines.
b. Show the wetland boundaries on the final plat as approved by the watershed district.
24
City Council Meeting 05 -28 -02
19
c. Show the park dedication boundary and area on the final plat.
d. Make as many of the property lines as is reasonably possible radial to the cul -de -sacs or
perpendicular to the driveways and street right -of -ways.
e. Show street names for the driveways as follows:
(1) Private Driveway Ain the west one -half of the site shall be called "Beaver Creek
Parkway."
(2) Private Driveway B in the west one -half of the site shall be called "Beaver Creek
Lane."
(3) Private Driveway D in the east one -half of the site shall be called "Sterling
Circle."
(4) Private Driveway E in the east one -half of the site shall be called "Sterling Lane"
f. Show the existing pipelines and pipeline easements on the final plat.
g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the
building pads will be at least 100 feet away from the pipeline. (code requirement)
h. Label the common areas as outlots.
i. Show the trails in publicly owned property or easements.
Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots
and dedicate each of these to the city.
5. Secure and provide all required easements for the development. These shall include:
a. Any off -site drainage and utility easements.
b. Wetland and stream easements over the wetlands and any land within 50 feet
surrounding a wetland and a stream. The easement shall prohibit any building or
structures within 50 feet of the wetland or stream or any mowing, cutting, filling,
grading or dumping within 50 feet of the stream, wetland or within the wetland itself.
c. A stream buffer easement that is at least 50 feet wide on each side of the stream that
crosses the site. The easement shall prohibit any building, structures or any mowing,
filling, cutting, grading or dumping within 50 feet of the ordinary high water mark
(OHWM) of the stream.
25
City Council Meeting 05 -28 -02
20
The purpose of these easements is to protect the water quality of the stream and
wetlands from fertilizer and runoff. They also are to protect the stream and wetland
habitat from encroachment.
d. Any easements the city needs for the realignment of the sanitary sewer through the site.
6. Sign a developer's agreement with the city that guarantees that the developer or contractor
will:
a. Complete all grading for overall site drainage, complete all public improvements and
meet all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street,
curb and gutter and boulevard) after the developer connects to the public utilities and
builds the driveways.
d. Work with the city as necessary for the realignment of the sanitary sewer through the
site. This sewer project also will require an assessment agreement between the
developer and the city to compensate the city for the benefit that the developer receives
from the city sewer construction.
7. Record the following with the final plat:
a. All homeowners' association documents.
b. A covenant or deed restriction that prohibits any additional driveways (besides the one
new driveway shown on the project plans) from going onto Lakewood Drive and onto
Maryland Avenue.
A deed restriction prohibiting the construction of a dwelling or its attachments within
100 feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19
through 24 and buildings 41 and 42 of the proposed preliminary plan the city received
on March 12, 2002. The developer also shall notify the purchasers of the pipeline
location.
d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank)
for the stream that crosses the site.
Deeds for the stream and wetland buffer easements surrounding the stream and the
wetlands.
26
City Council Meeting 05 -28 -02
21
A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or
parcels in the plat that would create additional building sites unless approved by the city
council.
g. A deed that transfers the ownership of the park dedication area to Maplewood.
h. Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21
and 22 to the city.
The applicant shall submit the language for these dedications and restrictions to the city for approval
before recording.
8. Submit the homeowners' association bylaws and rules to the Director of Community Development.
These are to assure that there will be one responsible party for the maintenance of the private utilities,
driveways and structures.
9. Show the wetland boundaries on the plat as approved by the Watershed District. A trained and qualified
person must delineate the wetlands. This person shall prepare a wetland delineation report. The
developer shall submit this wetland information to the Watershed District office. The Watershed
District must approve this information before the city approves a final plat. If needed, the developer
shall change the plat to meet wetland regulations.
10. The developer shall complete all grading for public improvements and overall site drainage. The city
engineer shall include in the developer's agreement any grading that the developer or contractor has not
completed before final plat approval.
11. Obtain a permit from the Ramsey - Washington Metro Watershed District for grading.
If the developer decides to final plat part of the preliminary plat, the director of community
development may waive any conditions that do not apply to the final plat.
*The developer must complete these conditions before the city issues a grading permit or approves the
final plat.
Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers
Collins, Koppen, Wasiluk
Nays - Councilmember Juenemann
Councilmember Koppen moved to adopt the following resolution approving the on street parking
standards for the Beaver Lake Townhome development:
RESOLUTION 02 -05 -101
NO PARKING RESOLUTION
WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake
Townhomes.
WHEREAS, the developer wants to have reduced street right -of -way widths, reduced street pavement
widths and reduced private driveway widths in this development.
City Council Meeting 05 -28 -02
27
22
WHEREAS, the city has approved reduced street right -of -way widths, reduced street pavement widths and
reduced driveway widths in the development, subject to on- street parking restrictions.
WHEREAS, Section 29 -52(b) of the city code allows variations from the city code standards if they do not
affect the general purpose of the city code.
NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor
vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits parking on one
side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PUD
south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25- 29 -22.
Seconded by Councilmember Collins
Ayes -Mayor Cardinal, Councilmembers
Collins, Wasiluk, Koppen
Nays - Councilmember Juenemann
Councilmember Koppen moved to authorize city staff to spend up to $400,000 of the open space funds
for the 8.9 acres which would include the $150.00 matching grant form the DNR Greenways Program.
Staff was also directed to make the developer aware that the city would like to see his participation in
the open space program.
Seconded by Councilmember Collins
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
Ayes -All
Intoxicating Liquor License -Nico Kotsopoulos -Mama Ma's -3094 White Bear Avenue
a. Assistant City Manager Coleman presented the staff report.
b. City Clerk Guilfoile presented the specifics of the report.
C. The following person was heard:
Nico Kotsopoulos, Owner, Mama Mia's, 3094 White Bear Avenue, Maplewood
Joanne Kotsopoulos, Mama Mia's, 3094 White Bear Avenue, Maplewood
Councilmember Koppen moved to approve the intoxicating and Sunday liquor license applications for
Nico Kotsopoulos for Mama Mia's located at 3094 White Bear Avenue.
Seconded by Councilmember Wasiluk Ayes -All
City Council Meeting 05 -28 -02
28
23
Agenda # G -10
MEMORANDUM
TO:
City Manager
FROM:
Ken Roberts, Associate Planner
SUBJECT
Conditional Use Permit Review
LOCATION:
2055 White Bear Avenue
PROJECT:
Sobriety High School
DATE:
August 21, 2003
INTRODUCTION
The conditional use permit (CUP) for Sobriety High School, 2055 White Bear Avenue, is due for
review. The CUP is for a school in an M -1 (light manufacturing) zoning district. (See the maps on
pages two through five and the city council minutes starting on page six.)
BACKGROUND
On September 10, 2001, the city council approved a CUP for the school to operate from the
existing office/warehouse building on the site. (See the council minutes starting on page six.)
On September 23, 2002, the city council reviewed this permit and agreed to review it again in one
year.
DISCUSSION
The school is open and meeting the conditions of approval set by the city council. The city has not
had any complaints about this school and staff is not aware of any problems at this site. As such,
staff does not see any problem with extending this approval indefinitely.
RECOMMENDATION
Review the conditional use permit for Sobriety High School at 2055 White Bear Avenue again only
if a problem arises or if the owner proposes a significant change to the site or to the school.
Kr /p:secl5 /sobriety review.03
Attachments:
1. Location Map
2. Property LinefZoning Map
3. Area Map
4. Site Plan
5. September 10, 2001 City Council Minutes
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AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, September 10, 2001
Council Chambers, Municipal Building
Meeting No. 01 -19
Attachment 5
7:10 Sobriety High School Conditional Use Permit (2055 White Bear Avenue)
a. City Manager Fursman introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Lorraine Fisher, Maplewood Planning Commission
Lew Moran, Representing Sobriety High School
Jim Czarniecki, CEO, Sobriety High School
d. Mayor Cardinal closed the public hearing.
Councilmember Allenspach moved to approve the following resolution approving a conditional
use permit for the Sobriety high School to operate in the building at 2055 White Bear Avenue:
RESOLUTION 01 -09 -76
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Lew Moran, representing Sobriety High School, is requesting that Maplewood
approve a conditional use permit for a high school to operate in an existing office /warehouse
building.
WHEREAS, this permit applies to the property at 2055 White Bear Avenue. The legal
description is:
SABIN GARDEN LOTS, SUBJECT TO ROAD; EXCEPT PART OF LOTS 4,5 & 6 BLK 6
DESCRIBED AS COM AT SW CORNER OF SAID LOT 6 THEN NELY ON WESTERLY
LINE SAID LOT 6 FOR 28 FT TO BEG; THEN SELY PAR TO SOUTHERLY LINE SAID
LOT 6 FOR 391.56 FT THE NELY DEF LEFT 90 DEGREES FOR 263.26 FT THEN NWLY
DEF LEFT 90 DEG FOR 270.39 FT TO POINT ON WLY LINE SAID LOT 4 SAID POINT
BEING 318 FT NE OF SAID SW CORNER OF SAID LOT 6 THE SWLY TO BEGINNING;
THE FOLLOWING PART OF SAID LOTS 4.5 & 6 LYING SLY OF A LINE DESCRIBED AS
BEGINNING AT POINT ON WL SAID LOTS 368 FT NLY FROM SW CORNER SAID LOT
6 THEN SELY TO POINT ON EL OF SAID LOT 5 SAID POINT BEING 368 FT NORTH
FROM SE CORNER OF SAID LOT 6 & THERE TERMINATING (PIN 15- 29 -22 -11 -0050)
WHEREAS, the history of this conditional use permit is as follows:
On August 20, 2001, the planning commission recommended that the city council approve
this permit.
2. On September 10, 2001, the city council held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The council gave
everyone at the hearing a chance to speak and present written statements. The council also
considered reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the council approve the above - described
conditional use permit based on the building and site plans. The city approves this permit
because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the Maplewood's Comprehensive Plan and Code of Ordinances.
The use would not change the existing or planned character of the surrounding area.
The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,
water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
10. The city council may waive any of the above requirements provided the council determines
that the balancing of public interest between governmental units would be best served by
such a waiver.
Approval is subject to the following conditions:
All construction shall follow the plans dated July 25, 2001, as approved by the city. The
director of community development may approve minor changes.
2. The proposed school must be started in this location within one year after council approval
or the permit shall end. The council may extend this deadline for one year.
3. The school shall have no more than 50 students.
4. The property owner or manager shall sweep and restripe the parking lot before the school
occupies their space.
The city council shall review this permit in one year.
Seconded by Councilmember Wasiluk. Ayes -All
0
Agenda # G -11
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT Conditional Use Permit Review — Oversized Garage
LOCATION: 1501 Henry Lane
DATE: August 28, 2003
INTRODUCTION
The conditional use permit (CUP) for an over -sized garage at 1501 Henry Lane is due for review.
The CUP is for Shelley Schlomka to have a 1,450 square -foot- garage on her property. (See the
maps on pages two through five and the city council minutes starting on page six.)
BACKGROUND
On September 9, 2002, the city council approved a house moving request and a CUP for an over-
sized garage for Shelley Schlomka for the property at 1501 Henry Lane. (See the council minutes
starting on page six.)
DISCUSSION
The house moving is complete and the owners have started the placement of the over -sized
garage as they recently installed the new slab for the garage. This request is meeting the
conditions of approval set by the city council. The city has not had any complaints about this
property and staff is not aware of any problems at this site. However, since the garage is not yet
complete, the city should review this permit again in one year to check on the project and on the
council conditions of approval.
RECOMMENDATION
Review the conditional use permit for the over -sized garage for the property at 1501 Henry Lane
again in one year or sooner if a problem arises or if the owner proposes a significant change to the
site.
Kr /p:sec24- 28/1501 Henry Lane CUP review.03
Attachments:
1. Location Map
2. Location Map
3. Property Line Map
4. Site Plan
5. September 9, 2002, City Council Minutes
Attachment 1
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Attachment 5
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, September 9, 2002
Council Chambers, Municipal Building
Meeting No. 02 -20
1. 7:10 Schlomka Building Requests (15 01 Henry Lane)
a. Housing Moving
b. Conditional Use Permit
a. City Manager Fursman presented the report.
Associate Planner Roberts presented the specifics of the report.
C. Shelley Schlomka, the owner was present to answer questions.
d. Commissioner Dierich provided the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to approve the moving of a one -story house and a detached garage
for Shelley Schlomka to the property at 1501 Henry Lane. The city approved the proposed site Plan
and dwelling orientation as shown on the site plan This approval shall be subiect to the applicant
doing the following:
1. Submitting the following to the city for approval before the city issues a building permit:
a. An irrevocable letter of creditor cash escrow for 1 1/2 times the estimated cost of completing the
construction, including all yard work and exterior remodeling. The applicant shall complete the work
within 90 days of the city issuing the permit. The director of community development may extend this
deadline for sixty (60) days if there has been a reasonable cause for the delay. The construction shall
meet all building code requirements. (Code requirement)
b. A drainage and erosion control plan to the city engineer. This plan shall show that the proposed
house location and grades will not cause any adverse effects or cause any drainage problems for nearby
properties or water bodies. The city shall not issue a moving permit until the city engineer approves
these plans and the construction shall follow these plans. (Code requirement)
c. All plans and information required by the city building official.
2. Get a demolition permit from the city for the existing house.
Sign an agreement to convey the title. This agreement shall allow the city to take possession of the
house and property if the required work is not completed within 90 days after the city issues the
moving permit. This agreement would allow the city the right to complete the construction
required by code or demolish and remove the structure. The city attorney shall prepare this
agreement. (Code requirement)
4. The applicant shall replace or repair the roof as needed. The applicant also shall meet all the
requirements of the city's building inspection department.
S. Move the house between the hours of 3 and 6 a.m. The applicant shall leave the house in the street
until at least 7 a.m., but no later than 10 a.m. There shall be no excessive noise or work on the
house or site between 7 p.m. and 7 a.m. (Code requirement)
6. Place the house and garage on the property following the proposed site plan.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Wasiluk moved to approved the following Conditional Use Permit resolution for
Shelley Schlomka to move a detached garage that would measure 29 feet by 50 feet on to the
property at 1501 Henry Lane:
RESOLUTION 02 -09 -152
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Shelley Schlomka is requesting that Maplewood approve a conditional use permit to
move a 29- by 50 -foot, 1,450 - square -foot detached garage onto her property.
WHEREAS, this conditional use permit applies to the property at 1501 Henry Lane. The property
identification number is 24- 28 -22 -32 -0002 and the legal description is:
Section 24, Township 28, Range 22, the SW '/4 of the NW 1 /4 of the SW '/4 in Section 24, Township
28, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
On August 19, 2002, the planning commission recommended that the city council approve
this permit.
2. On September 9, 2002, the city council held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The city council
opened the public hearing and allowed everyone at the hearing a chance to speak and present
written statements. The city council also considered reports and recommendations of the city
staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described
conditional use permit based on the building and site plans. The city approves this permit because:
The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to
any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or
air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference
or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The applicant shall obtain all necessary building permits before moving the garage onto the
property.
The owner shall not use the garage for commercial or business activities, other than
agricultural- related uses as specified in the farm residence zoning district, unless the city
council approves such a request.
4. The city council shall review this permit in one year.
Seconded by Councilmember Koppen Ayes -All
0
Agenda # H —I
MEMORANDUM
TO: City Manager 'A' ,
FROM: Melinda Coleman, Assistant City Manager K
SUBJECT: Legacy Village of Maplewood- Business Subsidy Policy, Property Tag
Abatement and Development Agreement
DATE: September 2, 2003
INTRODUCTION
The Hartford Group is requesting 2 approvals relating to the Tax Abatement request for
the development of Legacy Village of Maplewood. These approvals include; the
resolution authorizing the use of Tax Abatement and the Business Subsidy Agreement,
and the Development Agreement that sets forth all the documentation relating to the
guarantee of the private and public improvements.
DESCRIPTION /OUTLINE OF DOCUMENTS
Attached is a memorandum from Mary Ippel, from Brigggs and Morgan that describes
each of the resolutions and documents requiring City Council approval. They each
require separate Council action but can be addressed through one public hearing. Mary
Ippel will be present at the Council meeting to present her reports and answer questions.
BACKGROUND
September 8, 2003: the Council acts under Consent Agenda to approve the Legacy
Village Final Plat. If this does not get approved, these items will need to be carried over
until such time as the final plat is approved.
July 14, 2003: The City Council approved the planned unit development, comprehensive
plan amendment, tax - abatement plan and preliminary plat for Legacy Village.
RECOMMENDATION
Approve the following: 1) -the resolution approving the Business Subsidy Policy and the
Tax Abatement Request and 2) -the Development Agreement. Please note that the
development agreement included for packet distribution may require changes. Staff is
still in the process of finalizing certain details and attachments with the Hartford Group.
Time limitations prevented us from getting them all completed by packet distribution
deadline. Any changes or additional information will be presented at the city council
meeting on September 8, 2003.
P: sec3 \legacy.dev.agreement
ATTACHMENTS:
1. Memorandum from Mary Ippel at Briggs and Morgan
2. Resolution approving tax abatement and business subsidy
3. Development Agreement
2
Attachment 1
MEMORANDUM
TO: The City of Maplewood
FROM: Briggs and Morgan
DATE: September 2, 2003
RE: Legacy Village
Legacy Holdings —MW LCC ( "Legacy ") has proposed that the City of Maplewood
provide assistance to the multi -phase development known as Legacy Village in an aggregate
amount of $3,800,000. This assistance will come from two sources. The City will be acquiring
right -of -way from Legacy Holdings —MW LLC for a purchase price of $912,000 and will be
providing tax abatement assistance in the amount of $2,888,000. The City and Legacy will enter
into a Development Agreement to provide for the assistance to the Legacy Village Project. The
Development Agreement will remain effective for 20 years unless it is terminated earlier.
Upon the execution of the Development Agreement, the City will acquire the right -of-
way from Legacy for $912,000. The right -of -way will be used in connection with public
improvements undertaken on Kennard Street, County Road D and Hazelwood Street. At a later
date, the City Council will consider the issuance of general obligation improvement bonds to
finance construction of the improvements.
In addition, the City will provide $2,888,000 of tax abatement financing. The City
proposes to issue general obligation tax abatement bonds which will provide proceeds of at least
$2,888,000 to be used by the City to acquire land located in the abatement area, which is the site
for the Legacy Village Project. The City Council will consider issuance of the tax abatement
bonds at a later date. Payments on the tax abatement bonds will be structured to coincide with
the tax revenue generated by the various phases of the Legacy Village Project as they are
constructed.
Legacy will acquire the land for the Project for $9,273,532. The City will acquire a
portion of the land from Legacy in exchange for a promissory note to Legacy in the amount of
$2,888,000. The City will then convey the land to Legacy for $1.00. When Legacy obtains
building permits for each of the various phases of the Legacy Village Project and closes on
financing for the construction of each phase, the City will make payments on the Note to Legacy
equal to 47% of the special assessments levied or pending on the real estate for that phase of the
project. The City will fund the payments on the Note with the proceeds of the tax abatement
bonds. Legacy will use the payments received under the Note to prepay special assessments at
the time of the closing on the construction financing for the respective phases, or will apply the
payments made under the Note to fund an escrow established to make payments of regularly
scheduled installments of the special assessments on that phase.
1564859v1
3
In exchange for the assistance provided by the City to the Legacy Village Project, Legacy
and its successor developers will agree to construct the various phases of the project in
accordance with the conditional use permit adopted by the City in connection with the project
and all other City ordinances and plans. Legacy will also construct 50 units of affordable owner-
occupied housing on Outlot H and will require a successor developer to construct 50 units of tax
credit financed affordable rental housing on Outlot B. Finally, Legacy will convey an easement
for the Lake Links Trail corridor and cooperate with the City regarding construction of a park on
Outlot F and the provision of certain open space or a playground on Outlot I.
The assistance provided to Legacy under the Development Agreement is a business
subsidy under the Minnesota Business Subsidy Law. It is proposed that the City waive the
requirement that Legacy create jobs at specified wages in connection with the Project. The City
is holding a public hearing this evening on the waiver as required under the Minnesota Business
Subsidy Law. Consequently, the Development Agreement contains no wage and job goal
provisions.
JG /lr
156485901
4
Attachment '2
RESOLUTION NO.
RESOLUTION APPROVING PROPERTY TAX ABATEMENTS
AND BUSINESS SUBSIDY
BE IT RESOLVED by the City Council (the "Council ") of the City of Maplewood,
Minnesota (the "City "), as follows:
The City Council hereby cancels and rescinds Resolution No. 03 -04 -072 adopted
April 28, 2003.
2. Recitals
(a) Legacy Holdings — MW, LLC (the 'Developer ") proposes to construct a
mixed use development of approximately 120 -132 senior multifamily townhomes, 198
multifamily rental townhomes, 50 units of affordable multifamily townhomes, 150 -230
multifamily owner occupied townhomes, and between 205,000 and 390,000 square feet
of commercial space on property commonly known as the "Hajicek" property located
immediately west of Maplewood Mall. The Developer has requested that the City
provide financial assistance to the Developer in the amount of $2,888,000. In addition,
the City proposes to use the abatement for the purposes provided for in the Abatement
Law (as hereinafter defined), which may include the acquisition of certain properties
located on Hazelwood Street or the acquisition or improvement of public infrastructure.
The proposed term of the abatement will be for fifteen (15) years beginning in 2006 and
ending in 2020. The abatement will apply to the City's share of the property taxes (the
"Abatement ") derived from the property described by property identification numbers on
the attached "Exhibit A" (the "Property ").
(b) On the date hereof, the Council held a public hearing on the question of
the Abatement and the waiver of wage and job goals for a proposed grant of a business
subsidy to the Developer under Minnesota Statutes, Sections 1161993 through 1167.995
(the 'Business Subsidy Law "), and said hearing was preceded by at least 10 days but not
more than 30 days prior published notice hereof
(c) The City requested, in writing, that Independent School District No. 622
(the "School District ") grant an abatement of its share of the property taxes for the
Property. The School District declined, in writing, to grant an abatement; consequently,
the City is authorized, pursuant to Minnesota Statutes, Sections 469.1813, Subd. 6 to
grant the Abatement for the Property for 15 years. The Abatement is authorized under
Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law ").
Findings for the Abatement The City Council hereby makes the following
findings:
(a) The Council expects the benefits to the City of the Abatement to at least
equal the costs thereof because the Council expects that the Project will have an
1556620vl
estimated market value for tax purposes of between $123,040,000 and $175,295,000,
generating estimated annual property taxes to the City of Maplewood of approximately
$643,232 - $925,837 per year. The abatement program is intending to finance the
acquisition and conveyance of land constituting a portion of the Project and may include
the acquisition of certain properties on Hazelwood Street or the acquisition or
improvement of public infrastructure. In addition, the completion of the Project fulfills a
primary development goal of the City.
(b) Granting the Abatement is in the public interest because it will increase or
preserve the tax base of the City, provide employment opportunities in the City, provide
housing for residents of the City, provide for the acquisition and installation of public
infrastructure and help develop an undeveloped area of the City.
(c) The Council expects the public benefits described above to be derived
from the Abatement will equal or exceed the costs to the City thereof.
(d) The Property is not located in a tax increment financing district.
(e) In any year, the total amount of property taxes abated by the City by this
and other resolutions, if any, does not exceed the greater of ten percent (10 %) of the
current levy or $200,000.
4. Terms of Abatement The Abatement is hereby approved. The terms of the
Abatement are as follows:
(a) The Abatement shall be for fifteen (15) years and shall apply to the taxes
payable in the years 2006 through 2020, inclusive.
(b) The City will abate 100% of the City's share of property tax amount which
the City receives from the Property.
(c) The City proposes to issue General Obligation Tax Abatement Bonds to
provide financial assistance to the Developer in the amount of $2,888,000 to pay for the
acquisition and conveyance of a portion of the land constituting the Project. In addition,
the City will use the Abatement for the purposes provided for in the Abatement Law,
which may include the acquisition of certain properties located on Hazelwood Street or
the acquisition or improvement of public infrastructure. In connection with the Project,
the City also proposes to issue General Obligation Improvement Bonds of which a
portion of the proceeds in the amount of $912,000 will be used to acquire right -of -way
from the Developer.
(d) The Abatement shall be subject to all the terms and limitations of the
Abatement Law.
Findings for Business Subsidy The requirements of the Business Subsidy Law
apply to the financial assistance in the amount of $2,888,000 provided to the
Developer from the proceeds of the General Obligation Tax Abatement Bonds.
1556620vl
The City has adopted criteria for awarding business subsidies that comply with
the Business Subsidy Law, after a public hearing for which notice was published.
6. Waiver of Wye and Job Goals Pursuant to Minnesota Statutes, Sections
1161994, Subd. 4, the City hereby determines that the creation and retention of
jobs are not a goal of granting the Abatement. Consequently, the wage and job
goals for the grant of the business subsidy to the Developer are hereby set at zero.
1556620v1
Exhibit A
Property Identification Numbers of the Abatement Area
032922120001 — Hajicek
032922120002 — Hajicek
032922120003 — Hajicek
032922120004 — Hajicek
032922120005 — Hajicek
032922120006 — Hajicek
032922120007 — Hajicek
032922120015 — Hajicek
032922120016 — Hajicek
032922120017 — Hajicek
032922120018 — Hajicek
032922120019 — Hajicek
032922120020 — Hajicek
032922110002 — Hajicek
032922120009 — Gates
032922120010— Supan
032922120021 — Gephard & Uhlenbrauck
032922120023 — Peterson
032922120024 — Kincaid
155662avi
Attachment 3
DEVELOPMENT AGREEMENT
RELATING TO THE
LEGACY VILLAGE PROJECT
CITY OF MAPLEWOOD, MINNESOTA
BETWEEN
CITY OF MAPLEWOOD, MINNESOTA
AND
LEGACY HOLDINGS —MW LLC
Effective Date: September 8, 2003
This document drafted by:
Briggs and Morgan, P.A. (DJC)
W2200 First National Bank Bldg.
332 Minnesota Street
St. Paul, MN 55101
15592200
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TABLE OF CONTENTS
Page
1 RECITALS ...................................................................................... ..............................
2. GENERAL REPRESENTATIONS AND COVENANTS OF DEVELOPER .................4
3. CONSTRUCTION OF PUBLIC IMPROVEMENTS ....................... ..............................6
4 ASSESSMENT AGREEMENT ....................................................... ..............................
5. PARK AND TRAIL MATTERS ...................................................... ..............................
6. FINANCIAL INCENTIVES FOR MASTER DEVELOPER ............ ..............................9
7. INSURANCE, CASUALTY LOSS AND INDEMNIFICATION .... .............................11
8 MORTGAGE FINANCING ............................................................ .............................1
9. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER ..............................
13
10 EVENTS OF DEFAULT ....... ......................................................... .............................
14
11. MISCELLANEOUS PROVISIONS ............................................... ......_......................16
EXHIBIT A PROJECT PROPERTY ......................................................... ............................A
-1
EXHIBIT B CITY IMPROVEMENTS .............. ....................................................................
B -1
EXHIBIT C IMPROVEMENTS IN LAKE LINKS TRAIL CORRIDOR .. ............................0
-1
EXHIBIT D PERMITTED ENCUMBRANCES ........ ............................................................
D -1
EXHIBITE OPINION ............................................................................ ...............................
E -1
EXHIBIT F ASSESSMENT SCHEDULE .............................................. ...............................
F -1
EXHIBIT G TRAIL EASEMENT LEGAL DESCRIPTION ..................................................
G-1
EXHIBITH NOTE .................................................................................... ............................H
-1
EXHIBITI MEMORANDUM ................................................................. ...............................
I -1
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10
RECITALS.
1.1 The Effective Date of this Agreement is September 8, 2003,
1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota
statutory city ('City") and Legacy Holdings -MW LLC, a Minnesota limited
liability company ( "Master Developer ").
13 This Development Agreement between City and Master Developer will
hereinafter be referred to as the "Agreement ". This Agreement is entered into
pursuant to Resolution No. adopted September 8, 2003. This
Agreement shall remain in full force and effect until the later of
(a) September 23, 2023; or
(b) the date that the Note described at Section 6(b) is terminated by payment
in full or otherwise.
1.4 Master Developer is or will be the owner of certain real property located in the
City legally described in Exhibit A attached hereto ('Project Property ").
1.5 Master Developer has proposed to the City that the Project Property be improved
with a mixed -use multi -phase development which will consist of rental housing,
senior assisted living housing, multiple family housing, corporate office facilities,
for sale townhouses, retail and commercial facilities and parks ('Project "). The
Project will be called Legacy Village.
1.6 The Project will commence on or about September 25, 2003 and be completed in
approximately 7 Phases, each of which will hereafter be referred to as a "Phase."
Each of the Phases will be developed by developers other than Master Developer
(including affiliates or subsidiaries of Master Developer) to be selected by the
Master Developer and approved by City ('Successor Developers "). The Project
will be entirely completed by approximately September 25, 2010.
1.7 City issued a Conditional Use Permit in connection with the Project by
Resolution dated July 14, 2003 ('CUP ").
1.8 City will issue general obligation improvement bonds ('Public Improvement
Bonds ") to finance the acquisition, construction and installation of the City
Improvements.
1.9 Minnesota Statutes Section 469.1812 through 469.1815 (the "Tax Abatement
Statute ") provides that the governing body of a political subdivision may grant an
abatement of the taxes imposed by the political subdivision on a parcel of
property if certain conditions are met. City is a political subdivision as that term
is defined in the Tax Abatement Statute. City believes that the conditions of the
Tax Abatement Statute will be met by the Project in that: (1) the City expects the
benefits to the City of this Agreement to equal or exceed the costs to the City of
15592200
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this Agreement; and (2) the City finds that granting the tax abatement provided
hereunder will: (a) increase or preserve tax base; and (b) provide employment
opportunities in the City. The abatement is authorized by Resolution No.
adopted September 8, 2003 ( "Abatement Resolution "). City will
adopt a resolution ('Abatement Bond Resolution ") authorizing the issuance of
certain general obligation tax abatement bonds ('Tax Abatement Bonds ") a
portion of the proceeds of which, in the amount of $2,888,000, will be used to
finance the acquisition of a parcel of the Project Property. The amount of the Tax
Abatement Bonds shall not exceed the property taxes to be received by the City
for a period of 15 years beginning with real estate taxes payable 2005 through
2024 derived from the Project Property. The City will calculate the amounts
necessary to repay the Tax Abatement Bonds based on an assessed value of the
Project of at least $36,450,000 as of January 2, 2005 and at least $84,825,000 as
of January 2, 2006 and as of January 2 nd of each year thereafter until the Tax
Abatement Bonds are repaid in full.
1.10 The various proposed Phases for the Project are as follows:
Phase 1 - For -sale Townhomes located on Outlot H of the Plat together with
Outlot I which will be used and developed pursuant to the provisions of Section
2.2(j) hereof.
Phase 2 — A Furniture Store located on Outlot C of the Plat;
Phase 3 — Rental Townhomes and Office /Clubhouse located on Lot 1, Block 1
and Lot 1, Block 2 of the Plat;
Phase 4 - Senior Assisted Rental Housing located on Lot 1, Block 3 of the Plat;
Phase 5 - Multifamily Housing located on Outlot B of the Plat;
Phase 6A — Retail Commercial facilities located on Outlot A of the Plat;
Phase 6B - A Restaurant and Retail/Commercial facilities located on Outlots D
and E of the Plat;
Phase 7 - Corporate /Commercial facilities located on Outlot G of the Plat;
1.11 City will construct certain public improvement within the Project as described on
Exhibit B and Exhibit C attached hereto ('City Improvements ").
1.12 Master Developer will convey Outlot F of the Plat to City for park purposes and
convey a Trail Easement in connection with the Lake Links Trail Corridor
(hereinafter "Trail Easement "). The Trail Easement will be 30 feet in width. City
will construct the improvements on Outlot F and the Trail Easement as described
and depicted on Exhibit C attached hereto.
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1.13 In connection with the Project, various reports, plans or related documents have
been or will be prepared and the Project will, at all times, be subject to such
documents. Such documents will hereinafter referred to as "Project Documents"
which include:
(a) The CUP described above,
(b) The Abatement Resolution and the Abatement Bond Resolution;
(c) The final Plat of Legacy Village of Maplewood and any subsequent
replats in connection with the development of various Phases (`Plat');
(d) The Legacy Village at Maplewood Final Alternative Urban Areawide
Review (AUAR) and Mitigation Plan, as adopted by the Maplewood City
Council on May 12, 2003;
(e) The Stormwater and Wetlands Plan for the Maplewood Mall Area
Transportation Improvements (MMATI) Project Area, prepared by Short,
Elliott Hendrickson, Inc., as adopted by the Maplewood City Council on
May 12, 2003;
(f) Any and all utility, stormwater, and sanitary sewer plans for the Project
and the various Phases therein which will be approved by the City in the
future;
(g) Any and all individual grading plans for the Project and the various Phases
therein which will be approved by the City in the future;
(h) Any and all site plans for the Project and various Phases therein which
will be approved by the City in the future;
(i) City Improvements Documents including the following:
• The feasibility study, final plans and specifications for the Kennard
Street Improvements, City Project 03 -04.
• The alignment study, Environmental Assessment Worksheet
(EAW), feasibility study, final plans and specifications for the
County Road D Realignment Project, City Project 03 -07.
• The feasibility study, final plans and specifications for the County
Road D Reconstruction Project, City Project 03 -08.
• The feasibility study, final plans and specifications for the Legacy
Parkway Improvements, City Project 03 -26.
• The feasibility study, final plans and specifications for the
Hazelwood Street Reconstruction Project, City Project 01 -16.
• Final plans and specifications for the Lake Links Trail Corridor
Improvements.
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13
All such Project Documents as described herein are incorporated into this Agreement by
reference.
2. GENERAL REPRESENTATIONS AND COVENANTS OF DEVELOPER.
2.1 General Representations of Master Developer.
Master Developer makes the following representations to the City:
(a) Master Developer owns all the Property free and clear of all easements,
covenants, restrictions and liens except those matters set forth on Exhibit
D ( "Permitted Encumbrances ").
(b) has been duly authorized to
execute and deliver this Agreement for and on behalf of Master
Developer. Master Developer is not presently in violation of, or in
default under any material provision of its organizational document.
There are no pending or overtly threatened legal proceedings,
contemplating the liquidation or dissolution of the Master Developer or
threatening its existence or seeking to restrain or adjoin the transactions
contemplated by this Agreement or questioning the authority of Master
Developer to execute and deliver this Agreement or the validity of this
Agreement.
(c) Master Developer has delivered to City an opinion from Master
Developer's counsel in the form attached hereto as Exhibit E ( "Opinion ").
(d) Master Developer received preliminary plat approval on July 14, 2003
and final plat approval from the City on September 8, 2003, for the Plat.
(e) Neither the execution and delivery of this Agreement, consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance
with the terms and conditions of this Agreement is prevented, limited by,
conflicts with or will result in a breach of, the terms, conditions, or
provisions of any financial restriction, or any evidences of indebtedness,
or any contract, agreement or instrument of whatever nature to which
Master Developer is now a party or by which it is bound, or constitutes a
default under any of the foregoing.
(f) Master Developer is not presently aware of any condition or fact which
would prevent it from carrying out and performing its obligations and
agreements under this Agreement; provided that this representation does
not extend to the performance by the City, or other third parties not under
Master Developer's control, whose acts or approvals are necessary in
order that Master Developer may perform its obligations and agreements.
2.2 Covenants of Master Developer.
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Master Developer covenants and agrees as follows
(a) Master Developer will seek to obtain, in a timely manner, all required
permits, licenses and approvals necessary for the work contemplated by
this Agreement and will seek to meet, in a timely manner, all requirements
of all local, state and federal laws and regulations which might be obtained
or met before improvements on the various Phases can be lawfully
constructed.
(b) The Project, the construction of improvements therein and the use of such
improvements, will be, at all times, in accordance with this Agreement and
the Project Documents.
(c) All improvements in all Phases will be constructed by various Successor
Developers as approved by City and pursuant to Site Plans approved by
the City.
(d) Prior to the construction of any improvements on any Phase, a Successor
Developer will submit to City for review and approval a revised Plat and
Site Plan for such Phase. Such revised Plat and Site Plan must conform to
this Agreement unless City has specifically approved changes therein
using the amendment process as set forth in this Agreement. Construction
of improvements in any Phase must then comply with the Site Plan as
approved. City reserves the right to impose other reasonable requirements
on any Successor Developer of any Phase and, under appropriate
circumstances, require that such Successor Developer enter into a Phase
Development Agreement.
(e) Prior to the issuance of a building permit for any improvements in any
Phase, a Successor Developer must pay to the City a park dedication fee
calculated pursuant to City Code Chapter 26, Article III Chapter 3
provided however such fee will be calculated based on a value of $8.00
per square foot for all real property in Phases 2 , 6A, 6B and 7.
(f) Master Developer agrees that it will cause a Successor Developer to
construct at least 50 units of affordable housing on Phase 5 (Outlot B)
subject to the Successor Developer for such Phase acquiring low income
housing tax credit financing assistance in the amount of $ . For
purposes of this requirement, "affordable housing" means that the rental
units will be occupied or held for occupancy by persons or families whose
income does not initially, upon occupancy, exceed 50% of the area median
income. The rents charged for each unit occupied by low income tenants
shall not exceed the fair market rent permitted under the Section 8
Program for units with an equal number of bedrooms. Master Developer
also agrees that it will cause a Successor Developer to construct at least
50 units of affordable "for sale" housing on Phase 1 (Outlot H). For
purposes of this requirement, "affordable housing" means housing with a
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15
selling price equal to the base price as determined from time to time under
the Metropolitan Council Guidelines for Affordability. The affordable
housing must have exterior materials and finishes of substantially the same
quality, appearance and architectural style and integrity as the surrounding
structure in such Phase and the interior improvements and the quality of
the affordable housing shall be decent, safe, sanitary, of adequate size for
the number of occupants for each kind of unit or housing and otherwise be
satisfactory to the City in its reasonable judgment.
(g) Each Successor Developer must obtain from the City all necessary
grading permits as required by City Ordinance.
(h) Master Developer or Successor Developer shall pay all real property
taxes and all installments of assessments payable therewith with respect to
all parts of the Project Property acquired and owned by it payable pursuant
to the provisions of any statutory or contractual duty that shall accrue
subsequent to the date of its acquisition of title to the Project Property (or
part thereof) and until title to the property is vested in another person.
(i) Master Developer will immediately file the Plat in the county land
records which must occur by no later than September 30, 2003.
(j) As to Outlot 1 in Phase 1, at all times, at least 75% of the total square
footage of such Outlot must be used for open space, green space,
playground or tot lot and Master Developer or Successor Developer will
cause a private covenant to be filed or recorded against such Outlot which
covenant must have a term of least 30 years and which covenant limits the
use of such Outlot as described herein. Such private covenant must be
approved by the City prior to being filed or recorded in the county land
records.
(k) Master Developer or Successor Developer will avoid damaging or
altering any public facilities and public utilities within the Project and
Master Developer or any Successor Developer will replace or repair any
public facilities or public utilities so damaged or altered during the
construction of improvements on any Phase in accordance with the
technical specifications standards and practices of the City.
CONSTRUCTION OF PUBLIC IMPROVEMENTS.
3.1 Using the proceeds of the Public Improvement Bonds, the City will construct the
City Improvements and certain improvements on adjacent property. The
construction of the City Improvements and will commence on approximately
September 25, 2003 and should be completed pursuant to the following schedule:
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16
Proposed Proposed
Construction Construction
4.
City Improvement Project Start Date Completion
Kennard Street Improvements, C.P. 03 -04
Sept.
2003
July 2004
County Road D Realignment Project, C.P. 03 -07
Oct.
2003
July 2005
County Road D Reconstruction Project, C.P. 03 -08 Sept. 2006 Sept. 2008
Legacy Parkway Improvements, C.P. 03 -26 May 2004 July 2005
Hazelwood Street Reconstruction, C.P. 01 -16 May 2004 July 2005
Lake Links Trail Corridor Improvements May 2004 July 2005
3.2 The special assessments for City Improvements that will be charged to the Project
will be $6,108,709 pursuant to the Schedule attached hereto as Exhibit F
( "Assessment Schedule ").
ASSESSMENT AGREEMENT,
4.1 Minnesota Statutes, Chapter 429, authorize the City to assess the Project
Property, as well as other benefited properties, for the cost of the City
Improvements and other improvements. Master Developer agrees that the fair
share of the cost of the City Improvements is, at least, $6,108,709 and that the
City Improvements will benefit the Project Property in at least the amount of
$6,108,709. Master Developer hereby consents to the assessment of $6,108,709
against the Project Property pursuant to Minnesota Statutes Chapter 429 and
waives any and all procedural and substantive objections to special assessments in
that amount including, but not limited to, notice and hearing requirements in a
claim that the amount of the special assessments exceeds the benefit to the Project
Property. Master Developer also waives any appeal rights otherwise available
pursuant to Minnesota Statutes Section 429.081. Subject to the provisions of
Section 6 hereof relating to financial incentives provided to Master Developer,
Master Developer agrees to pay the installments of special assessments certified
for payment with annual real estate taxes when and as they become due. If the
cost of the City Improvements is greater than anticipated, City hereby waives the
right to levy an assessment against the Project Property in an amount greater than
$6,108,709 to finance the City Improvements and the right to levy supplemental
assessments against the Project Property for the cost of the City Improvements
pursuant to Minnesota Statutes Section 429.071. At such time as the City and the
Master Developer execute the Plat, including any replats of the Project Property,
the City will allocate or reallocate any special assessments pending or levied
against the Project Property among the various Lots and any subsequent replats as
per the Assessment Schedule.
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4.2 Under Minnesota Statutes, Chapter 429, the City can cause the amounts assessed
against the Project Property to be payable in a single installment or equal annual
installments extending over a period not to exceed 15 years. The City agrees that
the assessments levied against the Project Property will be payable in equal
annual assessments extending over a period not to exceed 15 years. The interest
rate on such assessment shall not exceed 6 %. Provided however, Master
Developer agrees that the entire balance of any assessments against any Lot in the
Project Property will be paid in full upon the earlier of the sale or other transfer
(including, but not limited to, conveyance of equitable ownership pursuant to a
Contract for Deed) of such Lot or, at such time as a building permit for such Lot
is issued by the City unless in connection with such conveyance, Master
Developer requests that the City consents to having such assessments assumed by
a Successor Developer and such Successor Developer provides adequate
assurances to City that the installments of special assessments attributable to such
Phase shall be paid in the normal course with Successor Developer also agreeing
to be personally liable for any unpaid installments of special assessments on such
Phase. If Master Developer conveys or otherwise transfers ownership of a Lot
before the City levies the assessments and City has not agreed that the
assessments can be paid in installments, Master Developer can satisfy its
obligations under this Section by depositing an amount equal to or greater than
100% of the amount assessed against such Lot pursuant to the Assessment
Schedule, with a title insurance company pursuant to an Escrow Agreement which
obligates the title insurance company to pay the City or to pay off the assessments
within 30 days of the date that the City levies the assessment.
5. PARK AND TRAIL MATTERS.
5.1 By no later than December 31, 2003, Master Developer will convey Outlot F to
the City for park purposes by Warranty Deed at no cost to the City. In addition,
by no later than December 31, 2003, Master Developer will convey to the City
the Trail Easement over and across that part of the Project described on Exhibit G
attached hereto ( "Trail Easement Description ") with terms and conditions
reasonably satisfactory to City at no cost to the City. These conveyances are in
addition to and not in lieu of the payment of Park Dedication Fees.
5.2 After such conveyances, City will construct the City Improvements relating to
Parks and Trails. City will pay the cost of such City Improvements except
Master Developer will pay 100% of the estimated costs of the Lake Links Trail
in the Project which amount is approximately $50,000 and Master Developer
will pay $75,000 of the costs to construct the underpass improvements on the
Lake Links Trail under Kennard Street. Such total payment of approximately
$125,000 must be made by Master Developer to the City in cash by no later than
July 31, 2004
5.3 To secure the Master Developer's obligations at Section 5.2 above to pay
approximately $125,000 for certain Trail Improvements, Master Developer will
provide to the City a Letter of Credit in the amount of 125% of $125,000 or
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$156,250. The Letter of Credit must be in a form and substance reasonably
acceptable to the City, from a bank reasonably acceptable to the City and such
Letter shall not terminate prior to December 31, 2004.
5.4 All Lake Links Trail Corridor Improvements will be ADA compliant.
6. FINANCIAL INCENTIVES FOR MASTER DEVELOPER.
In consideration of the Master Developer acquiring the Project Property and developing
the Project either directly or through Successor Developers, City agrees to provide
financial incentives to the Master Developer and the Project in the total amount of
$3,800,000 as follows:
(a) From the proceeds of the sale of the Public Improvement Bonds, $912,000
in payment for Master Developer dedicating all of the public rights of
way in Project Property as set forth on the Plat and;
(b) The issuance by the City of a Note in favor of Master Developer in the
original principal amount of approximately $2,888,000 ( "Note "), to
evidence the obligation of the City to repay a loan made to City by the
Master Developer in connection with the City purchasing part of the real
property that will be developed as the Project from the current owner for
the amount of $2,888,000. The City will use the proceeds of the sale of
the Tax Abatement Bonds to repay the Note pursuant to the terms of the
Note, a form of which is attached hereto as Exhibit H and also pursuant to
those additional terms and conditions as set forth as Section 6.2 below.
6.1 City will pay the $912,000 described at Section 6(a) above by paying off
$912,000 of special assessments levied against Phase 1 of the Project at such time
as a Successor Developer closes on the financing and building permits are issued
by the City in connection with the development of the improvements on such
Phase 1. Assuming that the assessments are levied at such time, Master
Developer will receive a credit from the City in connection with the lump sum
payment of the assessments levied against Phase 1 and Master Developer or
Successor Developer will be required to pay the remaining assessments so that
the assessments on such Phase 1 are paid in full prior to commencement of
construction on such Phase. If at the time of the closing, such assessments are
pending, City agrees to place $912,000 in escrow with a title company so long as
Master Developer or Successor Developer places into escrow any and all
amounts necessary to pay off the assessments allocated to Phase 1 under the
Assessment Schedule together with all other amounts required by title company.
As soon as such assessments are levied, title company will make appropriate
payments as required under the Escrow Agreement to pay off the assessments in
full.
6.2 In connection with the Note described at Section 6(b) above, the obligations of the
parties are as follows:
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(a) City will obtain title to the real estate for part of the Project from the
current owner of such parcels through a partial assignment of Master
Developer's rights (but not obligations) under the purchase agreement
between Master Developer and the current owner.
(b) Master Developer will loan to City the amount of $2,888,000 to purchase
such real estate ('Loan "). City will deliver the Note to Master Developer
to evidence the Loan.
(c) City will immediately convey such real estate to Master Developer by
quit claim deed for $1.00.
(d) Master Developer will be responsible for the payment of all fees and
taxes, (except those that the current owner has already agreed to pay), in
connection with the two conveyances described herein.
(e) In connection with any Phase of the Project other than Phase 1, upon
submission to the City of a building permit and evidence of financing for
each such Phase, the City will pay the Master Developer from Abatement
Bond proceeds, at the closing of the financing for the construction of such
Phase, a portion of the Loan in an amount equal to 47% of the special
assessments pending or levied against such Phase up to $2,888,000.
Master Developer or Successor Developer shall simultaneously pay the
remaining amount of such assessments and apply the sums it receives
from the City to prepay the pending or levied special assessments related
to such Phase so as to cause the assessments against such Phase to be paid
off in full. In the alternative, if City has agreed that special assessments
attributable to such Phase can be paid in installments as certified to the
County, such funds shall be placed in a special account ( "Assessment
Account ") established by the City to be used to pay the special
assessments against such Phase as they become due and payable in
installments and City will receive a credit against the Note for the amount
that City would have otherwise paid to Developer. City shall have no
obligation to make such installment payments from the Assessment
Account if Master Developer or Successor Developer does not deliver to
City its portion of the installments of special assessments prior to the date
that such installments become due and payable. Any interest or penalties
that accrue as a result of a late payment of installment shall be the
responsibility of Master Developer or Successor Developer but to the
extent that there are amounts remaining unpaid under the Note, City can
use such amounts to pay special assessments as installments together with
interest and penalties as they come due.
(f) Upon such payment of any such amounts by the City to the Master
Developer or into the Assessment Account, such payment will be credited
against the amount the City owes under the Note until the Note has been
paid in full.
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(g) The Note shall be a special and limited obligation of the City and not a
general obligation of the City, and City shall have no obligation to make
any payments due under the Note except as provided in this Section 6.2 to
the extent of available proceeds of the Tax Abatement Bonds.
(h) If amounts in the debt service fund established under the Abatement Bond
Resolution for the payment of the Tax Abatement Bonds ( "Abatement
Bond Fund ") is insufficient to make payments of the principal of and
interest on the Tax Abatement Bonds when due, the City will apply the
undisbursed proceeds of the Tax Abatement Bonds to such payments
when due and payable. Payments of the principal of and interest on the
Tax Abatement Bonds from Tax Abatement Bond proceeds due to
shortfalls in the Abatement Bond Fund shall be credited against the
amount the City owes under the Note until the Note has been paid in full.
(i) If either of the following occur:
(i) Master Developer or Successor Developer is in default under this
Agreement and the default is not cured under the terms of this
Agreement; or
(ii) Any amount of the Note remains unpaid as of September 8, 2013
the City's obligations under the Note shall terminate and be of no further
force and effect.
7. INSURANCE, CASUALTY LOSS AND INDEMNIFICATION.
7.1 Insurance Master Developer will maintain or cause the following insurance to
be maintained: Occurrence based comprehensive general liability insurance
(including operations, contingent liability, operations of subcontractors,
completed operations and contractual liability insurance) together with an
Owner's Contractor's Policy insuring against claims for death, bodily injury and
property damage with coverage in amounts not less than $2,000,000 per
occurrence and $3,000,000 in aggregate (to accomplish the above - required limits,
an umbrella excess liability policy may be used). All insurance required by this
Section 7.1 shall be taken out and maintained in responsible insurance companies
selected by the Master Developer which are authorized under the laws of the
State to assume the risks covered thereby. The Master Developer will deposit
annually with the City a certificate from the insurer, in a form reasonably
acceptable to the City, evidencing that the insurance required under this Section
7.1 is in force and effect. Each policy shall contain a provision that the insurer
shall not cancel or modify it without giving written notice to the Master
Developer and the City at least thirty (30) days before the cancellation or
modification becomes effective. The policies of insurance referenced in Sections
7.1.
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T2 Release. Defense and Indemnification Covenants The Master Developer
releases the City and its respective council members, officers, agents, servants
and employees thereof (hereinafter, for purposes of this Section 7.4, the
"Indemnified Parties ") from any claims for loss or damage to property or for any
injury to or death of any person occurring at or about the Project Property after
the Effective Date provided that such claim arises from the performance of the
Master Developer's obligations under this Agreement. The Master Developer
agrees to defend the Indemnified Parties from and against any claims for loss or
damage to property or for any injury to or death of any person occurring at or
about the Project Property after the Effective Date except for claims alleging
intentional misconduct on the part of the Indemnified Parties. The Master
Developer agrees to indemnify the Indemnified Parties from any liability, cost or
expense arising out of loss or damage to property or injury to or death of any
person occurring at or about the Project Property except for liability, costs or
expenses a court of competent jurisdiction imposes upon an Indemnified Party as
a result of the Indemnified Parties' negligence or intentional misconduct.
8. MORTGAGE FINANCING.
8.1 Right to Mortgage The Master Developer or Successor Developer may not
mortgage its interest in the Project Property or any part thereof before the City or
the Master Developer has recorded this Agreement. After the City or the
Master Developer records this Agreement, the Master Developer or Successor
Developer may (notwithstanding the provisions of Section 9.1) mortgage its
interest in the Project Property or any part thereof provided the Mortgage includes
the mortgagee's express acknowledgement that its interest in the Project Property
is subject to the terms of this Agreement.
8.2 Notice of Default: Copy to Mortgagee Whenever the City is obligated to deliver
a notice to the Master Developer with respect to an Event of Default, the City
will, at the same time, send a copy of the notice to any mortgagee if the
mortgagee has provided the City with written notice of the existence of its
Mortgage and an address to which the notice should be sent.
8.3 Mortgagee's Option to Cure Events of Defaults The City agrees to accept from
any mortgagee any payments or the performance of any obligations necessary to
cure an Event of Default as though Master Developer had tendered such payment
or performance.
8.4 City's Option to Cure Default on Mortgage Master Developer must cause any
Mortgage to provide that, if the Master Developer defaults under the Mortgage,
the mortgagee must, before commencing proceedings to foreclose the Mortgage,
notify the City in writing of.
(a) the fact of the default;
(b) the elements of the default; and
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(c) the actions required to cure the default.
If the default under such Mortgage entitles the mortgagee to foreclose upon the Project or
any portion thereof, and any applicable grace periods have not expired, the mortgagee
must grant the City the right to cure the default upon the same terms as the Master
Developer but City will have no obligation to do so.
9. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER.
9.1 Status of Master Developer: Transfer of Substantially All Assets The Master
Developer will maintain its existence as a limited liability company and will not
wind up or otherwise dispose of all or substantially all of its assets; provided,
however, the Master Developer may sell or otherwise transfer to another entity
organized under the laws of one of the United States or to an individual, all or
substantially all of its assets as an entirety and thereafter wind up and be
discharged from liability hereunder if such transferee entity or individual
('Assignee of Master Developer" as opposed to Successor Developer) assumes
in writing, for the benefit of the City, all of the obligations of the Master
Developer under this Agreement.
9.2 Prohibition Against Transfer of Property and Assignment of Agreement
(a) Prior to the Termination Date of this Agreement, the Master Developer
may not sell, convey, transfer, lease or assign the Project, any part thereof
or any interest therein (except for the granting of easements necessary for
the Project) to a Successor Developer without the prior written approval
of the City, which approval the City must not unreasonably withhold if
the requirements of Section 9.2(b) are satisfied.
(b) As a condition to its consent to any transfer within the scope of Section
11.2, the City may require that:
(i) Any proposed Successor Developer has the qualifications and
financial capacity, in the reasonable judgment of the City,
necessary and adequate to perform its obligations under this
Agreement as to the Phase or parcel in question.
(ii) Any proposed Successor Developer, by instrument in writing
satisfactory to the City and in form recordable among the County
land records, must, for the benefit of the City, expressly assume all
of the obligations of the Master Developer under this Agreement
that by the nature must be assumed by a Successor Developer and
agree to be subject to all the conditions and restrictions to which
the Master Developer is subject under the terms of this
Agreement as to the Phase or parcel in question. Notwithstanding
any language herein to the contrary, upon request of Successor
Developer, City will release the Successor Developer and the
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relevant Phase or parcel involved from the terms and conditions of
this Development Agreement, if appropriate, by delivering to such
Successor Developer a partial termination of this Agreement.
(iii) The Master Developer must submit to the City, for the City's
review and prior written approval, all instruments and other
documents involved in effecting the transfer of any interest in this
Agreement or the Project and all of City's reasonable costs,
including attorney's fees in connection with such review and
approval
9.3 Release of Master Developer The City's consent to a transfer pursuant to
Section 9.2(b) does not relieve the Master Developer from liability under this
Agreement unless the City, in its sole and absolute discretion, elects to execute a
written agreement expressly releasing the Master Developer from such liability
as to the particular Phase that is the subject of such transfer.
10. EVENTS OF DEFAULT.
10.1 Events of Default Each of the following is an Event of Default:
(a) Master Developer or Successor Developer's failure to fully perform one
or more of its obligations under this Agreement within the time period set
forth in this Agreement for performance of the obligation or, if no time
period is set forth in this Agreement, within a reasonable time;
(b) Master Developer or Successor Developer's failure to observe any
restriction or prohibition this Agreement imposes upon the Party;
(c) Master Developer or Successor Developer's
(i) Filing of a petition in bankruptcy or for any reorganization,
arrangement, composition, readjustment, liquidation, dissolution or
similar relief under the United Stated Bankruptcy Act of 1978, as
amended, or under any similar federal or state law; or
(ii) Assignment of its assets for the benefit of its creditors; or
(iii) Admission, in writing, of its inability to pay its debts generally as
they become due; or
(iv) Being adjudicated a bankrupt or insolvent.
(d) If a petition or answer proposing the adjudication of a Party as a bankrupt
or a Party's reorganization under any present or future federal bankruptcy
act or any similar federal or state law is filed in a court of competent
jurisdiction and the petition or answer is not discharged or denied within
90 days after its filing;
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(e) A receiver, trustee or liquidator of a Party is appointed in any proceeding
brought against a Party and is not discharged within 90 days after such
appointment or if a Party consents to or acquiesces in such an
appointment.
(f) Master Developer or Successor Developer's default in the performance
of one or more of its obligations under a Mortgage filed against the Project
Property or any Phase therein.
10.2 Notice If an Event of Default occurs, City may not pursue any of the remedies
described in Section 10.3 unless the City provides the Master Developer or
Successor Developer with written notice of the existence of the Event of Default,
and Master Developer or Successor Developer fails to cure the Event of Default
described in the notice and any Event of Default occurring after the delivery of
the notice within the later of
(a) 30 days after the effective date of the notice;
or
(b) the Event of Default is not reasonably curable within 30 days and the
Master Developer commences the cure of the Event of Default within 30
days after the effective date of the notice and diligently proceeds with
actions necessary to cure the default within a reasonable time.
10.3 Remedies If an Event of Default exists, notice is given pursuant to Section 10.2
and the Master Developer or Successor Developer fails to cure the Event of
Default and any subsequent Events of Default first arising after the delivery of the
notice of default within the period provided for in Section 10.2, the City may:
(a) Attempt to cure or engage third parties to attempt to cure the default. If
the City attempts to cure or engages a third party to attempt to cure, the
City may notify the Master Developer or Successor Developer, in
writing, of the costs and expenses it incurs in its attempt to cure or to
engage a third party to attempt to cure the Event of Default and the
defaulting Party must reimburse the City for those costs within five
Business Days of the Master Developer or Successor Developer's receipt
of the notice stating the amount of the costs.
(b) Terminate this Agreement by written notice to the Master Developer or
Successor Developer. Termination of this Agreement does not, however,
terminate the provisions of Sections 4.1 and 4.2 and other Sections
including other Sections which by their notice should survive.
(c) Pursue any remedies available at law or in equity to recover the damages
the City has suffered or will suffer as a result of the Master Developer or
Successor Developer's default under this Agreement or to compel the
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Master Developer or Successor Developer's specific performance of its
obligations or observance of restrictions set forth in this Agreement.
(d) If the Master Developer defaults under the provisions of Section 5
hereof, call the Letter of Credit as described in Section 5.3.
(e) Send the notice required under the Note stating that the Note and the
City's obligations thereunder have terminated.
(f) Suspend the issuance of any permits or approvals needed for the Project or
for the construction of Improvements in any Phase thereof.
10.4 Claims for Misrepresentation If the City determines that one or more of the
representations the Master Developer under this Agreement was false, when
made, City may commence an action in a court of competent jurisdiction and
pursue any remedies available at law or in equity against the Master Developer
without regard to the notice and cure provisions set forth in Section 10.2,
10.5 No Remedy Exclusive No remedy herein conferred upon or reserved to the City
is intended to be exclusive of any other available remedy or remedies, but each
and every such remedy is cumulative and is in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by
statute. No delay or omission to exercise any right or power accruing upon any
default impairs any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as
often as may be deemed expedient.
10.6 No Implied Waiver If the City waives its right to require Master Developer or
Successor Developer to perform an obligation or observe a restriction set forth in
this Agreement, the waiver is limited to the particular default so waived and is not
deemed to waive any other concurrent, previous or subsequent default hereunder.
10.7 Agreement to Pay Attorneys' Fees and Expenses Whenever any Event of Default
occurs and the City employs attorneys or incurs other expenses for the
enforcement or performance or observance of any obligation or agreement on the
part of the Master Developer or Successor Developer herein contained, the
Party in default agrees that it shall, on demand therefor, pay to the City the
reasonable fees of such attorneys and such other expenses so incurred by the non -
defaulting Party.
11. MISCELLANEOUS PROVISIONS.
11.1 Titles of Articles and Sections Any titles of the several sections of this
Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
11.2 Notices and Demands Any notice, demand or other communication required or
permitted under this Agreement is effective two Business Days after it is sent, via
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registered or certified mail, postage prepaid, return receipt requested or one
Business Day after it is sent via overnight delivery service; and
(a) in the case of the Master Developer, is addressed to the Master
Developer at:
Legacy Holdings —MW LLC
C/O The Hartford Group
12100 Singletree Lane, Suite 112
Eden Prairie, Minnesota 55344 -7933
Attention: President
(b) in the case of the City, is addressed to or delivered personally to the City
care of.
City of Maplewood, Minnesota
1830 East County Road B
Maplewood, Minnesota 55109 -2797
Attention: City Manager
or at such other address with respect to any such party as that party may, from time to
time, designate in writing and forward to the other, as provided in this Section. If a
notice is delivered by means other than registered or certified mail or overnight delivery,
the notice is effective as of the date the City Administrator of the City in the case of
notices to the City or an officer or other appropriate representative of the Master
Developer, in the case of notices to the Master Developer, actually receives the notice.
11.3 Counterparts The City and the Master Developer may execute separate
counterparts of this Agreement and exchange original signature pages to create
fully executed counterparts of this Agreement. For purposes of contract
formation, a Party's delivery of an original signature page to the other party shall
constitute delivery of this Agreement.
11.4 Amendment This Agreement may not be amended unless the amendment is set
forth in writing in an instrument executed by authorized representatives of the
City and the Master Developer.
11.5 Merger and Relationship with Other Documents This Agreement and other
documents incorporated herein express the entire agreement among and between
the City and the Master Developer with respect to the Master Developer's
development of the Project and any and all prior agreements, whether written or
oral, are merged herein.
11.6 Law Governing This Agreement will be governed and construed in accordance
with the laws of the State.
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11.7 City Approval Any approval, execution of documents, or other action to be
taken by the City pursuant to this Agreement, for the purpose of carrying out the
terms of this Agreement or for the purpose of determining the sufficiency of the
Master Developer's performance under this Agreement, may be made, executed
or taken by
11.8 Memorandum and Binding Effect Contemporaneously with the execution of this
Development Agreement the Parties will execute and the City may thereafter
record a Memorandum of this Agreement in the form attached as Exhibit I. The
benefits and burdens of the covenants and restrictions set forth in this Agreement
run with title to the Project or any Phase or parcel thereof and inure to the benefit
of and are binding upon the City, the Master Developer and their respective
successors and assigns including any Successor Developer. Provided, however,
any Successor Developer's burdens or benefits will be specifically set forth in a
document assigning Master Developer's rights and obligations hereunder to such
Successor Developer with City consent.
11.9 Third Party Litigation Each Party will reasonably cooperate with the other Party
with respect to any litigation third parties commence with respect to the Project.
11.10 Termination and Survival of Terms This Agreement terminates as of the
Termination Date; provided, however, the Master Developer's obligations under
this Agreement, survive the expiration of this Agreement or the termination of
this Agreement pursuant to Section 10.3(b) with respect to any event, occurrence
or circumstance existing prior to the date of such expiration of termination.
11.11 No Partnership Nothing herein shall be construed to create a partnership or joint
venture between or among Master Developer or the City nor shall anything
herein be construed to create a fiduciary relationship between the parties as to any
activity described herein.
11.12 Conflict of Interest No member, official, or employee of the City shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such member,
official, or employee participate in any decision relating to this Agreement which
affects his or her personal interest or the interests of any corporation, partnership,
or association in which he or she is, directly or indirectly, interest. No member,
official, or employee of the City shall be personally liable to the Master
Developer, any successor in interest, in the event of any default or breach by the
City, or for any amount which may become due to the Master Developer, its
successor or on any obligations under the terms of this Agreement. No employee,
agent, partner, member or shareholder of the Master Developer shall be
personally liable to the City in the event of any default or breach by the Master
Developer or for any amount which may become due to the City or on any
obligations under the terms of this Agreement.
[Remainder of Page Intentionally Left Blank]
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Dated:
CITY OF MAPLEWOOD, MINNESOTA, a
Minnesota statutory city.
Lo
IM
STATE OF MINNESOTA
COUNTY OFSTEARNS
): ss
The foregoing instrument
2003, by
the _
Minnesota on behalf of said City.
Notary Public
[Separate Signature Page to Development Agreement]
was acknowledged before me this day of
the and
of the City of Maplewood,
15592200
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Dated:
STATE OF MINNESOTA )
): ss
COUNTY OF STEARNS )
LEGACY HOLDINGS -MW LLC, a Minnesota
limited liability company
C
Un
The foregoing instrument was acknowledged before me this _ day of
2003, by the and
the of Legacy Holdings -MW LLC, a
Minnesota limited liability company on behalf of said company.
Notary Public
[Separate Signature Page to Development Agreement]
1559220x3
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[CI1]
Exhibit A
Project Property
Lots 1 to 15 inclusive; Lots 22 to 36 inclusive; All in Block 2; Lots 3 to 7 inclusive;
Lots 30 to 36 inclusive; All in Block 3; All in Dorle Park;
Lots 16 to 21 inclusive; Block 2, Dorle Park;
Lots 1 and 2, Block 3, Dorle Park, together with that part of the south half of vacated Dorle
Street lying between the northerly extensions of the centerline of the vacated alley in said Block
3 and the east line of said Lot 1, and also together with the east half of the vacated alley in said
Block 3 lying between the westerly extensions of the north line of said Lot 1 and the south line
of said Lot 2;
The Northeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22; The
Northwest Quarter of the Northeast Quarter of Section 3, Township 29, Range 22, except the
west 10 acres thereof.
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Exhibit B
City Improvements
The City will construct the following City Improvements as a part of the Project.
1. Kennard Street Improvements (Beam Avenue to County Road D), City Project 03 -04
This project includes the extension of Kennard Street from its current terminus
north of Beam Avenue to County Road D.
The following improvements are included as a part of this project:
• Construction of a two -lane divided urban section roadway between Beam Avenue and
County Road D. The roadway will be constructed to a parkway design including
landscape amenities.
• Construction of a roundabout at the Legacy Parkway intersection.
• Construction of 6 -foot wide concrete sidewalks along the east and west sides of the
roadway.
• Installation of storm drainage improvements.
• Installation of sanitary sewer and watermain utilities.
2. County Road D Realignment (Hazelwood Street to TH 61), City Project 02 -07
This project includes the reconstruction/realignment of County Road D between
Hazelwood Street and Trunk Highway 61. County Road D currently extends east
of TH 61, but does not connect to existing County Road D at Hazelwood Street.
This project includes the construction of this connection to make County Road D
a through street between Hazelwood Street and TH 61.
The following improvements are included as a part of this project:
• Construction of a four -lane divided urban section roadway between TH 61 and
Hazelwood Street. The roadway alignment will be as approved by the City on May
12, 2003.
• Realignment of Hazelwood Street from County Road D to approximately 500 feet
south.
• Turn lane construction on TH 61 and the installation of a traffic signal at the new
County Road D and TH 61 intersection.
• Storm sewer installation and storm water pond construction.
• Wetland mitigation area construction.
3. County Road D Reconstruction (Hazelwood Street to White Bear Avenue), City Project
03 -08
1559220x3
9/2/03 32
This project includes the reconstruction of County Road D between Hazelwood
Street and White Bear Avenue.
The following improvements are included as a part of this project:
• Reconstruction of the roadway to a four -lane divided urban section design between
Hazelwood Street and White Bear Avenue.
• Construction of turn lanes at the Kennard Street, Southlawn Drive and White Bear
Avenue intersections.
• Installation of a traffic signal at the Kennard Street and Southlawn Drive
intersections.
• Construction of a 6 -foot wide concrete sidewalk along the south side of the roadway
between Hazelwood Street and Southlawn Drive.
4. Legacy Parkway Improvements (Kennard Street to Southlawn Drive), City Project 03 -26
This project includes the construction of Legacy Parkway between Kennard Street
and Southlawn Drive.
The following improvements are included as a part of this project:
• Construction of a two -lane urban section roadway between Kennard Street and
Southlawn Drive.
• Construction of an 8 -foot wide bituminous trail or a 6 -foot wide concrete sidewalk
along all of the south side and a portion of the north side of the roadway.
• Construction of an 8 -foot wide bituminous trail loop around the perimeter of Outlot F.
• Installation of storm drainage improvements, including the construction of two storm
water ponds on Outlet F.
• Installation of sanitary sewer and watermain utilities.
5. Hazelwood Street Reconstruction (Beam Avenue to County Road D), City Project 01 -16
This project includes the reconstruction of Hazelwood Street between Beam
Avenue and County Road D.
The following improvements are included as a part of this project:
• Reconstruction of the roadway to a three -lane urban section design between Beam
Avenue and County Road D. The alignment will match the design included as a part
of the County Road D Realignment project.
• Construction of a 6 -foot wide concrete sidewalk along the east side of the roadway
between County Road D and the Lake Links Trail Corridor.
The attached drawing further details the proposed City Improvements.
1559220v3
912/03 33
Exhibit C
Improvements in Lake Links Trail Corridor
The City will construct the following Lake Links Trail Corridor Improvements as a part of the
Project.
Lake Links Trail Corridor Improvements
These improvements include the construction of an 8 -foot wide bituminous trail
through the Project site between Hazelwood Street and Legacy Parkway along a
proposed Trail Easement. The trail alignment will run east/west, generally
following the existing power line easement. The Master Developer will provide rough
grading for the proposed trail. The project will also include the construction of a
concrete box culvert underpass crossing of Kennard Street.
2. Legacy Parkway Trail Improvements, City Project 03 -26
These improvements include the construction of an 8 -foot wide bituminous trail
loop around the perimeter of the wetlands and storm water ponds on Outlot F.
Other Sidewalk and Trail Improvements
Other sidewalk/trail construction included as a part of the City Improvements is
as follows.
• Construction of a 6 -foot wide concrete sidewalk along the south side of County Road
D between Hazelwood Street and Southlawn Drive.
• Construction of 6 -foot wide concrete sidewalks along the east and west sides of
Kennard Street between Beam Avenue and County Road D.
• Construction of a 6 -foot wide concrete sidewalk along the east side of Hazelwood
Street between County Road D and the Lake Links Trail Corridor.
• Construction of an 8 -foot wide bituminous trail or a 6 -foot wide concrete sidewalk
along all of the south side and a portion of the north side of Legacy Parkway.
The attached drawing further details the proposed Lake Links Trail Corridor.
15592 M
9/2/03
34
Exhibit D
Permitted Encumbrances
1559220x3
9/2/03 35
Exhibit E
Opinion
155922ov3
912M 36
Exhibit F
Assessment Schedule
1559220v3
9/2/03 37
Exhibit G
Trail Easement
Legal Description
15592200
9/2/03 38
Exhibit H
Note
15592200
9/2/03 39
Exhibit I
Memorandum
iss9220v3
9/2/03 40
AGENDA ITEM H -2
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
SUBJECT: Kennard Street Improvements (Beam to County Rd D), Project 03 -04:
8:15 p.m. Continuation of Assessment Hearing
DATE: August 29, 2003
Introduction
The Legacy Village project requires the extension of Kennard Street between Beam Avenue and
County Road D as part of the internal roadway system. An assessment hearing had been
contemplated for 8:15 pm in anticipation of an award of a construction contract. Due to delays by
Hartford in closing on the property, it is again necessary to continue this hearing. Continuation to
September 22, 2003, when all information is anticipated to be ready for approval, is recommended
Process
The Mayor should open the public hearing, not receive any testimony, and then continue the hearing to
7:30 pm on September 22, 2003.
Recommendation
It is recommended that the city council adopt the attached resolution that continues the
Assessment Hearing for the Kennard Street Improvements (Beam to County Road D), City
Project 03 -04, to 7:30 pm on September 22, 2003.
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Attachment: Resolution
»Yil�Ij1[�l�l
CONTINUING ASSESSMENT HEARING
WHEREAS, a resolution of the city council adopted the 14th day of July 2003, fixed a
date for an assessment hearing on the proposed street improvements for Kennard Street
(Beam to County Road D), City Project 03 -04;
AND WHEREAS, fourteen days mailed notice and two weeks published notice of the
hearing was given, and the hearing was duly scheduled to be held on August 25, 2003,
AND WHEREAS, the city council determined that a hearing was not ready to be held
on August 25, 2003 and opened and continued that hearing to 8:15 pm on September 8,
2003,
AND WHEREAS, the city engineer has reported that this hearing is not ready to be
heard due to issues with the property owner,
AND WHEREAS, the clerk and the engineer have, at the direction of the council,
prepared an assessment roll for the Kennard Street Improvements (County Road D to Beam
Ave.), City Project 03 -04, and the said assessment is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The Assessment Hearing shall be continued to the 22 day of September
2003, at the city hall at 7:30 p. m. to pass upon such proposed assessment and at such time
and place all persons owning property affected by such improvement will be given an
opportunity to be heard with reference to such assessment.
Approved this 8th day of September 2003.
AGENDA ITEM H -2
AGENDA REPORT
TO:- Richard Fursman, City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
SUBJECT: Kennard Street Improvements, Project 03 -04
1. Assessment Hearing,. 8:15 p.m.
2. Resolution for Adoption of Assessment Roll and Ordering Project to be
Constructed
DATE: September 8, 2003
The Legacy Village project requires the extension of Kennard Street between Beam Avenue
and County Road- as part of the internal roadway system. An assessment hearing has been
called for 8:15 pm in anticipation of an award of a construction contract. It originally appeared
that the Hartford Group would be unable to obtain a right of entry agreement to allow the project
to proceed. The staff determined the need to delay the hearing. However, the right of entry has
been obtained and proceeding with the assessment hearing is appropriate.
Background
The proposed assessments for the Kennard Street Improvements total $2,069,734.00. The
assessments are consistent with the proposal included at the public hearing on July 14, 2003.
The assessments are based on the standard rates as follows:
• New street assessment =
$1:68 per front foot
• Reconstructed street assessment =
$84.00 per front foot
• Storm sewer assessment =
$0.099 per square foot
• Sanitary sewer service =
$36.93 per front foot
• Water service =
$36.93 per front foot
• Right of way (Hartford) costs =
$401
• Amenities (Hartford) costs =
$277,368
* - A right of way purchase is required from St. John's Hospital as well; however, the St. John's
assessment amount includes right of way purchase.
The following properties are included in the assessment
amounts:
• Hartford Group =
$1,771,030
• St. John's Hospital (2 parcels) _
$ 151,872
• Birch Run =
$ 146,832
TOTAL .ASSESSMENTS =
$2,069,734
City Council Agenda Background
September 8, 2003
Kennard Street Assessment Hearing
Page Two
The Legacy Village of Maplewood development proposes to orient a majority of their site traffic
to the center of their project toward a newly constructed Kennard Street.. On May 12, 2003, the
city council approved the AUAR for Legacy Village. The AUAR required the construction of
Kennard Street as part of the Legacy Village improvements. Following the AUAR approval, the
council authorized the preparation of the preliminary report. The report identifies various
features for construction of Kennard, including a parkway -type design with sidewalks on both
sides of the roadway, a. roundabout in the center of the Legacy Village project, utility extensions
and extensive storm water treatment devices. An alternative roadway is proposed to connect
St. John's Boulevard to Kennard as part of the local St. John's Hospital campus improvements.
The roadway connection is not included within this project due to required discussions with St.
John's Hospital. A public hearing was held on July 14 to consider ordering the project. Due to
schedule concerns, the Legacy Village developer provided an escrow to cover project costs if
the project did not proceed to allow a fast improvement process. Approval of the development
contract and final plat earlier in the agenda allow this project to begin construction. Prior to an
award of a construction contract, this assessment hearing is held to secure the funding, which is
mainly from the Hartford development of Legacy Village. This will allow for construction of
Kennard to be open for traffic in 2003 as needed for the development of Legacy Village.
Objections Filed
No objections have been filed as of September 8, 2003.
Recommendation
It is recommended that the city council approve the attached Resolution for the Adoption
of the Assessment Roll and Ordering the project to be constructed for the Kennard Street
Improvements, Project 03 -04.
Budget Impact
The proposed assessment is consistent with project planning for the area improvements.
Following is a summary of the project funding plan:
• Assessments = $2,.069,734
• Municipal State Aid Street Funds = $ 577
TOTAL PROJECT COST $2,646
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Attachment: Resolution: Adoption of the Assessment Roll
RESOLUTION
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on July 14th, 2003, calling for
a Public Hearing on August 25, 2003, regarding the proposed assessment roll for the Kennard Street
Improvements, City Project 03-04, and
WHEREAS, pursuant to proper notice duly given as required by law, and
WHEREAS, pursuant to a resolution adopted by the City Council on August 25, 2003, continuing
the Public Hearing to September 8, 2003, and
WHEREAS, a Public Hearing on the proposed assessments for the Kennard Street Improvements,
City Project 03 -04, was held on September 8, 2003, pursuant to Minnesota Statutes, Chapter 429, where
the City Council has met and duly heard and passed upon all objections to the proposed assessment and
WHEREAS, no property owners have filed objections to their assessments as required of
Minnesota Statutes, Chapter 429.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA: ,
1. The assessment roll for the Kennard Street Improvements, a copy of which is attached hereto and
made a part hereof, is hereby adopted. Said assessment roll shall constitute the special
assessment against the lands named therein, and each tract of land therein included is hereby
found to be benefited by the proposed improvement in the amount of the assessment levied
against it.
2. Such assessments shall be payable in equal annual installments extending over a period of .15
years, the first installments to be payable on or before the first Monday in January 2004 and shall
bear interest at the rate of 6.0 percent per annum for the date of the adoption of this .assessment
resolution. To the first installment shall be added interest on the entire assessment from the date
of this resolution until December 31, 2003. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to
the county auditor, but no later than October 9, 2003, pay the whole of the assessment on such
property, with interest accrued to the date of the payment, to the city clerk, except that no interest
shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 9, 2003, pay to the county auditor the entire
amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or interest will
be charged through December 31 of the next succeeding year.
4. The city engineer and city clerk shall forthwith after October 9, 2003, but no later than October
31 2003, transmit a certified. duplicate of this assessment to the county auditor to be extended on
the property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
5. The Kennard Street Improvements, City Project 03 -04, are hereby ordered to be constructed and
the City Engineer is authorized to recommend a construction contract and easement acquisitions.
Adopted by the council on this 8 day of September 2003.
AGENDA ITEM H -3
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
SUBJECT: County Road D Extension (Hazelwood to TH 61) — City Project 02 -07
County Road D Reconstruction (Hazelwood to Southlawn) — City Project 03 -08
a. 8:30 pm Public Hearing
b. Resolution Authorizing Preparation of Plans and Specifications
and Acquisition of Right of Way
DATE: September 2, 2003
Introduction
The realignment of County Road D between Hazelwood and TH 61 and also from TH 61 to Highridge
Court has been discussed for over 18 months. On May 12, 2003, the city council selected a final
alignment for the new roadway and authorized preparation of a preliminary report on the improvement.
Additionally, the city council adopted a study and recommendations on the storm water /wetland
planning issues for the entire project area. The preliminary report has been completed and a copy was
previously distributed to the city council on July 22, 2003. The next step in the process is to conduct a
public hearing for the improvements east of TH 61.
Background
On December 9, 2002, the city council approved a resolution to proceed with a project to realign
County Road D from Hazelwood Street to TH 61 at the Venburg Tire intersection and then realign
County Road D west of TH 61 through the vacant property to the existing alignment on the east side of
the Highridge Court development. That resolution was the culmination of many hours of discussion
and debate with staff, agencies, other communities and property owners. A number of conclusions
were reached in selecting the alignment and project approach.
Project and Alignment Findings /Conclusions
• A detailed alignment study was prepared over a 10 -month period.
• The alignment report studied eight options and concluded that the best traffic option,
considering mall traffic only, would be a direct connection of County Road D to 1 -694.
• Approval of alignments with direct connections to 1 -694 were concluded to have negative
impacts to TH 61 and 1 -694 and were unlikely to be approved by MnDOT or the Federal
Highway Administration (FHWA) unless appropriate mitigation could be provided.
• Mitigating the impacts of the direct connection of County Road D to TH 61 or 1 -694 would
exceed $12.0 -$15.0 million dollars. These would likely require 8 -15 years to attempt to receive
approval and construct and would likely require a development moratorium in the Mail area.
This mitigation planning effort was found to have a <25% likelihood of being approved by
FHWA under the best circumstances.
• An alternative alignment south of existing County Road D was shown to significantly improve
Mail area traffic flow without the negative impact to traffic flow on TH 61 and 1 -694. MnDOT
and Ramsey County concurred and supported this finding.
• This alternative alignment has wetland impacts that must be mitigated. The storm water/
mitigation plan provides for an enhancement of the wetlands and storm water treatment within
the area.
• Studies show that a realigned County Road D will adequately accommodate the traffic from
Legacy Village past 2010 and will coordinate with the improvements to TH 61 and 1 -694 that
MnDOT is planning for 2011 -2015.
• On May 12, 2003, the city council adopted these findings and authorized preparation of a
preliminary report on constructing a newly aligned County Road D.
City Council Agenda Background
County Road D Realignment
September 2, 2003
Page Two
Study Information
The city council was previously provided with a set of drawings (with a green cover) titled County Road
D Alignment Options. The key recommendations of the alignment options are:
East of TH 61
• A 35 mph roadway is strongly recommended east of TH 61 to accommodate the projected
traffic expected to utilize this roadway.
• Wetland impacts can be mitigated with slight alignment considerations. The wetland impacts
are to lower quality wetland areas and can be mitigated with larger areas of higher quality
wetlands in the project area.
• Conflicts with the railroad berm and a future trail crossing need to be considered near
Hazelwood.
• Adequate sight distance is needed at the new Hazelwood and County Road D intersection.
• The roadway should be located 100 feet south of the wetland area to allow for establishment of
a buffer area to protect the higher quality wetland area.
• Alternative E -5 was the adopted option and is the least costly of the options considered.
West of TH 61 (not part of this hearing)
• Existing single - family homes can be avoided with some alignment options.
• The wetland area near Highridge Court is a lower quality wetland that can be mitigated with a
larger wetland complex of higher quality. Reestablishment of storm water treatment areas near
this area may provide the desired property owner requirements for screening and natural area.
• An alignment conducive to the development needs of the area should provide an opportunity for
residential land use on the west side of the new roadway and commercial /business land use on
the east side of the new roadway. Currently the vacant property is planned for manufacturing -
type uses.
• Alternative W -1 was the adopted option and is the least costly of the options considered.
TH 61 — New Alignment Intersection
• Any option will impact some existing property owner /business.
• A 90- degree intersection is desirable but not required. An 80- degree approach is acceptable.
• Coordination with future development of the Gulden's site and the vacant Kami property
(formerly the Frattalone property) is needed to finalize the exact alignment.
• Avoidance of the Lexus property is preferable due to the limited parking and potential wetland
impacts of parking area mitigation.
• A partial property taking at Venburg Tire may result in full taking of the property. The business,
Venburg Tire, is leasing the building and is considering relocating. It may be possible to
provide the existing Venburg Tire site with compensating property to the south of their existing
site to offset the taking, with Venburg Tire expanding and constructing a new building.
• Intersection Option #2 was the adopted alternative and is the least costly alternative issue.
Preliminary Report Findings
The attached preliminary report identifies 5 segments for improvement:
Segment #1: Newly aligned County Road D between Hazelwood and TH 61
Segment #2: Newly aligned County Road D between TH 61 and Highridge Court
Segment #3: TH 61 Intersection Improvements
Segment #4/4a: County Road D between Hazelwood and Southlawn
Segment #5: County Road D /Highridge Court Site Distance
City Council Agenda Background
County Road D Realignment
September 2, 2003
Page Three
Preliminary Report Project Costs
The Preliminary Report includes the following estimated costs for each segment:
Segment #1:
$6,307,800 (for hearing on Sept 8)
Segment #2:
$1,717,200
Segment #3:
$ 725,800
Segment #4:
$ 895,700 (for hearing on Sept 8)
Segment #4a:
$ 830,100 (for hearing on Sept 8)
Segment #5:
$ 129,900
Detailed financing plans for each of the segments are included within the Preliminary Report.
Process Note
Only Segment #1 between Hazelwood and TH 61 and Segment #4 and #4a between Hazelwood and
Southlawn, which was revised on August 11, 2003, are proposed for a public hearing at this time. The
remainder of the report is acceptable; however, property owner issues and coordination remain such
that separate hearings are appropriate.
Recommendation
It is recommended that the City Council adopt the attached resolution authorizing the
preparation of plans and specifications and acquisition of right of way for the County Road D
Realignment Project, TH 61 to Hazelwood (City Project 02 -07) and County Road D
Reconstruction, Hazelwood to Southlawn (City Project 03 -08) and establishing a project budget
of $8,033,600.
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Attachments: Resolution
RCA
Preliminary Report (previously provided to the City Council on July 22, 2003)
RESOLUTION
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
AND AUTHORIZING ACQUISITION OF RIGHT OF WAY
WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D
between Hazelwood Street and Trunk Highway 61 (TH 61) and between TH 61 and Highridge Court,
City Projects 02 -07 and 02 -08, respectively, and
WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report has
been prepared under the direction of the city engineer with reference to the improvement of
County Road D between Hazelwood Street and Trunk Highway 61, City Project 02 -07, and
County Road D between Trunk Highway 61 and Highridge Court, City Project 02 -08 and this
report was received by the council on July 22, 2003, and
WHEREAS, the city engineer reported on the need for additional improvements for
the reconstruction of County Road D between Hazelwood and Southlawn as authorized in
City Project 01 -15 and City Project 03 -08, and
WHEREAS, the city council adopted a revision to the report for the segment of County
Road D between Hazelwood and Southlawn, City Project 03 -08,
WHEREAS, the reports provide information regarding whether the proposed project is
necessary, cost - effective, and feasible,
WHEREAS, the City Engineer has reported that only Segment #1, County Road D
between Hazelwood Street and Trunk Highway 61, City Project 02 -07 and Segment #4 and
#4a, County Road D between Hazelwood and Southlawn, City Project 03 -08, are prepared
for the necessary public hearing portion,
WHEREAS, a resolution of the city council adopted the 22nd day of July, 2003, fixed
a date for a council hearing on the proposed street improvements for the County Road D
between Hazelwood and TH 61, City Project 02- 07,and
WHEREAS, a resolution of the city council adopted the 11th day of August, 2003,
fixed a date for a council hearing on the proposed street improvements for the County Road
D between Hazelwood and Southlawn, City Project 03- 08,and
WHEREAS the City Council has adopted resolutions extending the public hearing
dates until September 8, 2003, and
AND WHEREAS, ten days mailed notice and two weeks published notice of the
hearing was given, and the hearing was duly held on September 8, 2003, and the council
has heard all persons desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is necessary, cost - effective and feasible, as detailed in the feasibility
report, that the City of Maplewood make improvements to County Road D between TH 61
and Hazelwood, City Project 02 -07 and County Road D between Hazelwood and Southlawn,
City Project 03 -08.
2. Such improvement is hereby ordered as proposed in the council resolution
adopted the 8th day of September 2003.
3. The city engineer is designated engineer for this improvement and is hereby
directed to prepare final plans and specifications for the making of said improvement.
4. The city engineer is authorized to acquire the necessary right of way and
easements for the making of these improvements by direct negotiations or by utilizing the
services of the city attorney for eminent domain proceedings if needed.
5. The finance director is hereby authorized to make the financial transfers
necessary to implement the financing plan for the project as detailed in the preliminary report
and revisions. A project budget of $8,033,600 shall be established. The proposed financing
plans is as follows:
Assessments
$3,669,400
Municipal State Aid Street(MSAS)
$3,709,200
Ramsey County
$ 300,000
City General Tax Levy
$ 300,000
Sewer Utility Fund
55,000
TOTAL $8,033,600
AGENDA ITEM H -4
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
SUBJECT: Legacy Parkway, Kennard to Southlawn, City Project 03 -26:
a. 8:45 pm Public Hearing
b. Resolution Authorizing Preparation of Plans and Specifications and
Acquisition of Right of Way
DATE: September 2, 2003
Introduction
The proposed site plan for the Legacy Village at Maplewood includes the construction of an east
to west roadway between Kennard Street and Southlawn Drive. The city's consultant engineer,
Kimley -Horn and Associates, has prepared a preliminary report. The next step of consideration
is for a public hearing to be held.
Background
As part of the overall site improvements, the city will provide design and construction inspection
services, as well as award a construction contract for the improvement of Legacy Parkway
between the extension of Kennard Street and Southlawn Drive. Cost of the improvement will be
borne mainly by the site developer. The roadway will provide access to the assisted living
facility, the corporate site, the public wetland park, as well as an internal roadway reliever for site -
generated traffic to access the Maplewood Mall area.
This project consists of approximately 0.25 miles of street reconstruction and drainage
improvements, including construction of the large drainage improvements necessary to protect
the site wetlands, along with utility extensions, water main, storm sewer extensions and the trail
within the wetland area. The estimated cost of the improvements is $1,352,850. Assessments
to the developer, the Hartford Group, Inc. are estimated at $1,080,920, with the remaining share
of the project to be paid from city funds that will be generated by the property taxes from the site
improvements at Legacy Village.
Recommendation
It is recommended that the city council approve the attached resolution authorizing the
preparation of plans and specifications and acquisition of right of way for the Legacy
Parkway Improvements (Kennard to Southlawn), Project 03 -26 and establishing a project
budget of $1,352,850.
Attachment: Resolution
Preliminary Report (previously provided to the City Council on July 22, 2003)
»Yil�Ij1[�l�l
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
AND AUTHORIZING ACQUISITION OF RIGHT OF WAY
WHEREAS, pursuant to resolution of the council adopted July 14, 2003, a report
has been prepared under the direction of the city engineer with reference to the
improvement of Legacy Parkway (Kennard to Southlawn), City Project 03 -26, and this
report was received by the council on July 22, 2003, and
WHEREAS, the report provides information regarding whether the proposed
project is necessary, cost - effective, and feasible,
WHEREAS, a resolution of the city council adopted the 22nd day of July, 2003,
fixed a date for a council hearing on the proposed street improvements for Legacy
Parkway (Kennard to Southlawn), City Project 03 -26, and
WHEREAS, a resolution of the city council adopted the 11th day of August,
2003, extended the public hearing date until September 8, 2003, and
WHEREAS, ten days mailed notice and two weeks published notice of the
hearing was given, and the hearing was duly held on September 8, 2003, and the
council has heard all persons desiring to be heard on the matter and has fully
considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows:
1. That it is necessary, cost - effective and feasible, as detailed in the
feasibility report, that the City of Maplewood make improvements to Legacy Parkway
between Kennard and Southlawn, City Project 03 -26.
2. Such improvement is hereby ordered as proposed in the council
resolution adopted the 8th day of September 2003.
3. The city engineer is designated engineer for this improvement and is
hereby directed to prepare final plans and specifications for the making of said
improvement.
4. The city engineer is authorized to acquire the necessary right of way and
easements for the making of these improvements by direct negotiations or by utilizing
the services of the city attorney for eminent domain proceedings if needed.
5. The finance director is hereby authorized to make the financial transfers
necessary to implement the financing plan for the project as detailed in the preliminary
report and revisions. A project budget of $1,352,850 shall be established. The
proposed financing plans is as follows:
Assessments $1,080,920
City General Tax Levy $ 271,930
TOTAL $1,352,850
Approved this 8th day of September 2003.
AGENDA ITEM 1 -1
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Director of Public Works /City Engineer
SUBJECT: Kennard Street Improvements (Beam to County Rd D), Project 03 -04:
Resolution for Award of Bids — To be Continued
DATE: August 29, 2003
Introduction
The Legacy Village project requires the extension of Kennard Street between Beam Avenue and
County Road D as part of the internal roadway system. Bids have been received for the project;
however, due to delays by Hartford in closing on the property, it is necessary to continue this item.
Continuation to September 22, 2003, when all information is anticipated to be ready for approval, is
recommended.
Recommendation
It is recommended that the city council continue the award of bids for the Kennard Street
Improvements (Beam to County Road D), City Project 03 -04, to September 22, 2003.
RCA
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AGENDA ITEM 1 -1
AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Public Works Director /City Engineer
SUBJECT: Kennard Street Improvements, Project 03 -04, Resolution for Award -of Bids and
Approval of Right of Entry Agreement
DATE: September 8, 2003
5
Introduction
The Legacy Village project requires the extension of Kennard Street between Beam Avenue
and County Road D as part of the internal roadway system. An assessment hearing has been
called for 8:15 pm in anticipation of an award of a construction contract. Upon approval of the
development contract and after conducting the assessment hearing, it is recommended that the
city council award a construction contract for the project. Additionally, a right of entry has been
obtained from the current property owner, the Hajiceks, and approval of that agreement is also
recommended.
Background
Bids for the improvement of Kennard Street were received on August 28, 2003 at 10:00 am as
follows:
- Contractor
Base Bid +Alt A
Alt. B Amount
• Forest Lake Contracting
$ 878,178.63
$61,566.17
• Park Construction
$ 957
$60,260.28
• FM Frattalone Exc & Grade
$1,120,904.80
$74,135.79
• Arnt Construction Co
$1,147,839.69
$78,339.68
• Pald a & Sons, Inc.
$1
$78
• Engineer's Estimate
$1,129,214.88
$79,267.00
Forest Lake Contracting is the low bidder. They have previously worked for the city, most
recently on the Parkway Lift Station project that went extremely well. The bids are 22% below
the engineer's estimate. It is not recommended to award Alternate B at this time due to lack of
a final agreement with St. John's Hospital for this item. Alternate A is recommended as part of
the bid as a deduct for use of plastic storm sewer piping at a number of locations. The deduct is
included above.
Budget Impact
The project budget has been established at $2,646,942. Additional costs for right of way,
roundabout costs, trail improvements and easements are forthcoming. It currently appears that
this project is $500,000 under budget due to administration of the contract. Funds will likely be
transferred to other budgets to reduce expenses to the city in those projects. A report revising
project funds is being prepared and will be presented to the council in early October.
City Council Agenda Background
5
September 8, 2003
Kennard Street Award Of Bid
Page Two
• Assessments = $2,069
• Municipal State Aid Street Funds = $ 577
TOTAL PROJECT COST $2,646,942
Right of Entry Agreement
The Hartford Group is proposing to close on the Hajicek property on September 25, 2003. An
award of bid obligates the city to construct improvements and thus the city needs assurance
that right of way and access to the property is secured. The attached right of entry agreement
with the owners of the Hajicek property has been executed. This assures the city that, if the
closing is delayed, the right of way will be dedicated. The city attorney has reviewed and
approved the agreement. Approval is recommended as part of the attached resolution.
Recommendation
It is. recommended that the city council approve the attached Resolution for Award of a
Construction Contract to Forest Lake Contracting in the amount of $878,178.63 and
approve the right of entry agreement on the Hajicek property for the Kennard Street
Improvements, Project 03 -04.
jw
Attachments: Resolution: Adoption of the Award of Bid and Approval of Right of Entry
Right of Entry Agreement
In
RESOLUTION
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
APPROVING RIGHT OF ENTRY AGREEMENT
WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, plans and
specifications for the Kennard Street Improvements, Project 03 -04, have been approved, and
WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, bids were
received and publicly opened and read aloud on August 28, 2003, as follows:
Contractor Btise Bid +Alt A Alt. B Amount
• Forest Lake Contracting $ 878,178.63 $61,566.17
• Park Construction $ 957,763.38 $60,260.28
• FM Frattalone Exc & Grade $1,120,904.80 $74,135.79
• Arnt Construction Co $ $78,339.68
• Palda & Sons, Inc. $1 $78,920.22
• Engineer's Estimate $1,129,214.88 $79,267.00
AND WHEREAS, the City Engineer was directed to acquire _ the necessary right of way and
easements for the constructing of said improvement, and
WHEREAS, a Development Contract and Final Plat of Legacy Village of Maplewood have been
approved between the City of Maplewood and the Hartford Group, Inc. for the development of the
Legacy Village of Maplewood site, and
WHEREAS, the final closing of the property has not been completed by the Hartford Group, Inc.
for the necessary right of way for Kennard Street, and
WHEREAS, a right of entry agreement, a copy of which is attached hereto, has been prepared
and executed by the current property owners and the Hartford Group, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MA.PLEWOOD, MINNESOTA:
1. Said bids as opened on August 28, 2003 are hereby received and acknowledged.
2. A construction contract in the amount of $878,178.63 is hereby awarded to the lowest
responsible bidder, Forest Lake Contracting, and the mayor and city manager are hereby
authorized to execute said construction contract.
3. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan.
4. Said right of entry agreement with the current property owners and the Hartford Group,
Inc. is hereby approved and the mayor and city manager are hereby authorized to execute
said agreement.
Adopted by the council on this 8 ffi day of September 2003.
CITY OF MAPLEWOOD
Ramsey County, Minnesota
Agreement - for Right of Entry and Easement Acquisition
City Project 03 -04
THIS AGREEMENT, made this day of , 2003, between the
CITY of Maplewood, a Minnesota municipal corporation, acting by and through its
mayor and city manager, herein called the CITY, and R.F. and L.E. Hajicek Charitable
Annuity Trust; The Peggy J. Govednik and Timothy L. Govednik Charitable Remainder
Uni -Trust and the Carol R. Hajicek Charitable Remainder Uni- Trust, hereinafter called
the OWNER, and Hartford Group, Inc., hereinafter called the PURCHASER.
RECITALS :.
1. The OWNER warrants that it is the record title owner of the property located
in the CITY of Maplewood with the legal description thereof set out Exhibit A attached
hereto and made a part hereof (PROPERTY)
.2. The CITY through'City Project 03 -04 proposes to provide a Kennard Street
Improvement that would affect OWNER's PROPERTY requiring CITY to have a right of
entry on OWNER's PROPERTY (Temporary Right of Entry) and acquire permanent
right, of way on OWNER's PROPERTY.
3. The CITY, OWNER and PURCHASER desire to enter into an Agreement to
provide for all rights, obligations, and issues resulting from the CITY's Kennard Street
Improvement known as CITY Project 03 -04.
4. The PURCHASER and OWNER have entered into an agreement for the
acquisition of all property to be considered within this agreement.
NOW, THEREFORE, the CITY, OWNER and PURCHASER agree to the
following:
1. Temporary Right of Entry. The OWNER does hereby grant to the CITY, its
employees, successors, contractors and assigns, the right of entry onto OWNER'S
PROPERTY. This right of entry is described as the right of way area for Kennard
Street, as shown on the proposed final plat prepared for PURCHASER, as shown in
Exhibit A, attached hereto and made a part hereof, and shall also include access to all
property necessary to implement'any and all additional considerations listed below.
The Temporary Easement shall be effective as of the date of this agreement and expire
on December 31, 2003.
i
2. Permanent Right of Way. The intent of this agreement shall be that the
PURCHASER and the OWNER execute an agreement such that the PURCHASER
shall be able to file a Final Plat that dedicates the right of way for Kennard Street. If, on
or before December 15, 2003, PURCHASER has not acquired the PROPERTY from
OWNER and OWNER has terminated the Purchase Agreement, only .then shall the
OWNER agree to execute an easement agreement, prepared by the CITY Attorney the
"Easement Agreement "), for the dedication of permanent right of way consisting of the
right of way for Kennard Street as shown on Exhibit A, attached hereto and made a part
hereof.
3. Consideration. The CITY shall pay the sum of $401,200 consistent with
the terms of that certain Development Agreement to be executed between CITY and
PURCHASER, provided the OWNER and PURCHASER complete the sale of the
PROPERTY. In the event such condition is not met, then the CITY shall pay to the
OWNER the sum of $401,200 on the date of delivery of the executed Easement
Agreement as consideration for acquisition of said right of quay.
4. Additional Consideration. The CITY, as additional consideration, shall
provide at the CITY's sole cost and expense, the following improvements:
a. Improved Kennard Street from Beam Avenue to County Road D
consistent with Project Plans for Kennard Street Improvements, City
Project 03 -04 and to be completed by October 31, 2004.
5. Insurance. The CITY shall, prior to the commencement of any work by the
CITY for Kennard Street Improvement, CITY Project 03 -04, or for any work to be
performed pursuant to the Agreement, provide OWNER and PURCHASER with proof
of insurance in an amount as required by the approved specifications covering all public
liability of and property damage including but not limited to all hazards caused by said
improvements. Such proof of insurance will name both OWNER and PURCHASER as
additional insured parties.
6. Miscellaneous. If any provision of this Agreement is deemed invalid or
unenforceable, the remaining provisions or the application of such provisions shall
remain valid and enforceable for the benefit of and against the respective parties to this
Agreement. This Agreement may not be modified or terminated except in writing
signed by OWNER /PURCHASER and CITY.. This agreement shall be governed and
interpreted in accordance with the laws of the state of Minnesota.
7. Notices. All notices shall be in writing and shall be addressed to CITY,
PURCHASER and OWNER at their respective addresses. Notices shall be validly
given when hand delivered or the next business day after deposit in the U.S. Mail with
prepaid postage. Either party hereto may from time to time, specify, by giving Fifteen
(15) days notice to the other party, (i) any other address in the United States as its
—� 2
address for purposes of this Agreement and (ii) any other person or entity of the
United States to receive copies of Notices.
8. Binding Effect. The terms and conditions of this Agreement shall be
binding upon the parties hereto, their respective successors and assigns and the
benefits and burden shall run with the land. This Agreement may be recorded against
the title to the PROPERTY.
IN WITNESS WHEREOF the undersigned have executed this agreement so as
to be effective the date set out hereinabove.
OWNER:
R.F. AND L.E. HAJICEK CHARITABLE ANNUITY TRUST
R. F. Hajicek, Trustee L.E. Hajicek, Trustee..
Dated: September , 2003
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this day of
2003, by R.F. Hajicek, Trustee and L.E. Hajicek, Trustee, of R.F. AND
L.E. HAJICEK CHARITABLE ANNUITY TRUST.
Subscribed and sworn to before me this day of , 2003.
i vvLai y r UU11%.
THE PEGGY J. GOVEDN I K AND TIMOTHY L. GOVEDN I K CHARITABLE
REMAINDER UNI -TRUST
Peggy J. Govednik, Trustee Timothy L. Govednik, Trustee
Dated: September _,2003
3 l
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
, 2003, by Peggy J. Govednik, Trustee and Timothy L. Govednik,
Trustee, of THE PEGGY J. GOVEDNIK AND TIMOTHY L. GOVEDNIK CHARITABLE
.REMAINDER UNI- TRUST.
Subscribed and sworn to before - me this day of , 20.03.
Notary Public
THE CAROL R. HAJICEK CHARITABLE REMAINDER U -NI -TRUST
Carol R. Hajicek, Trustee
Dated: September _ 1 2003
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2003, by Carol R. Hajicek, Trustee of THE CAROL R. HAJICEK
CHARITABLE REMAINDER UNI- TRUST.
Subscribed and sworn to before me this day of , 2003.
Notary Public
4
CITY:
STATE OF MINNESOTA
CITY OF MAPLEWOOD
By
Its Mayor
By
Its City .Manager
)SS.
COUNTY OF RAMSEY
The foregoing instrument was acknowledged before me this day of
2003, by Robert J. Cardinal, Mayor, and Richard F. Fursman, City Manager,
of the City of Maplewood, a Minnesota Municipal Corporation.
Subscribed and sworn to before me this day of , 2003..
PURCHASER:
Hartford Group, Inc.
Notary Public
John C. Brandt, its President
STATE OF MINNESOTA )
)SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
September 2003, by John C. Brandt, the President of Hartford Group, Inc., on behalf of
the corporation.
Subscribed and sworn to before me this day of , 2003.
Notary Public
5
C
Agenda I_2
MEMORANDUM
TO: Richard Fursman, City Manager
FROM: Bruce Anderson, Director of Parks and Recreation
DATE: September 2, 2003 for the September 8, 2003 City Council Meeting
SUBJECT: Afton Heights Park Phase I Development
Introduction
Afton Heights is a 12 -acre park classified as a youth athletic park located at 63 North Sterling Street in
southern Maplewood. There are three primary focuses at Afton Heights Park:
1. Providing youth - oriented athletic facilities
2. Providing neighborhood recreational facilities with a focus on non - structured individual and
family activities
3. Creating a neighborhood social center and gathering place
Afton Heights Park has served southern Maplewood and the entire community for 30 -plus years with no
significant improvements since 1974. Afton Heights Park has served as a primary baseball complex and
in particular, for the Maplewood Athletic Association over the past three decades.
Background
City staff conducted a park planning process including a neighborhood survey involving over 250 homes,
four public meetings including two onsite visits, and a detailed analysis of existing amenities.
Based on the neighborhood meetings and survey process, a final master plan was developed The park
planning process went extremely well and we had excellent participation from each of the stakeholders
including neighbors, M.A.A., N.E.S.A., and Ramsey County Parks and Recreation Department.
The two major problems with the site include inadequate parking along Upper Afton Road and the small,
internal neighborhood parking lot off of Sterling Street. The number one priority for the residents was
improved play equipment and general renovation of the site.
City staff formally opened bids on Tuesday, September 2, 2003. Three bids were received ranging from a
low bid of $628,365 to a high bid of $701,000. The engineer's estimate for the project was $700,000.
Staff recommends that the base bid be awarded to Carl Bolander and Sons for the low bid of $628,365.55.
In addition, the following bid alternatives should be included:
a. Furnish and install ten- foot -high, three rail chain link fence to complete the ball fields at a cost of
$33,250.
b. Furnish and install five six-foot pedestrian benches at a cost of $1,200 each or $6,000.
c. Furnish and place compacted ag lime and warning tracks to a five -inch depth to complete the ball
fields at a cost of $18,350.
d. Ball field mangates in outfield- $1,920.
Total bid alternates: $59,620
The last remaining item that needs to be completed is the playground equipment which needs to be
bid out at a cost of $50,000. Total estimated cost for the project is $800,000.
The current C.I.P. has allocated $350,000 for the project, plus we have received a grant from Ramsey
County for $100,000, bringing a total budget to date of $450,000. It is staff's recommendation that
the remaining $350,000 be allocated from the park development fund by delaying the Sterling Oaks
neighborhood park project scheduled for 2004 at a cost of $250,000 and utilizing $100,000 from the
park development fund balance which was generated from the Gladstone Park improvement project
and increased revenue from P.A.C. fees.
Staff had indicated to the city council in an initial memo on June 3, 2001 that additional monies
would be needed to complete the project. My initial estimate was $700,000. Staff recommends that an
additional $100,000 be allocated to complete the tot lot and ball fields as proposed
I have reviewed the proposed funding process with city finance director Dan Faust and he concurs
that there are adequate monies in the park development fund and that the proposed funding schedule
could be implemented.
Recommendation
Staff recommends that the city council award the phase one Afton Heights Park project bid to Carl
Bolander and Sons in the amount of $628,365.55 and the three alternates including completion of the
chain link fencing, six pedestrian benches, and ag lime warning tracks at a cost of $59,620 or a total
project award of $687,835.55. The remaining $110,000 will be for a five percent contingency,
playground equipment which will be awarded under separate contract, and engineering/design fees.
kdw.ftonhgts.mem
Sep. 3. 2003 7:51AM BRAUER & ASSOC. No. 0616 P. 2/3
LAND USE PLANNING AND DESIGN
10417 Excelsior Blvd.
Suite Number One
Hopkins. MN 56343
Tel (952) 238 -0831
Fmc (952) 23MM
September 3, 2003
Mr. Bruce Anderson, Park & Rec. Director
% City of Maplewood
1830 East County Road B
Maplewood, MN 55109
Re: Recommendation to Accept Bid— Afton Heights Park Site Impmvemmb
Mr. Anderson,
I am pleased to announce the bid results for the aforementioned project and make a recommendation to accept bid. We have
reviewed the bids for errors and found a couple of mathematical errors. The attached bid tabulation, which reflects the 'corrected'
totals for all bids, indicates that Carl Bolander and Son's Co. has submitted the lowest bid for this project. Their bid was
approximately 10% lower than the $900,000.00 (3700,000.00 base + $200,000.00 alternate) 'Architect's Estimate that we prepared.
We have worked with Carl Bolander and Son's Co. on previous projects and have found them to be a responsible contractor and
easy to work with. As such, it is our recommendation that the City accept their bid and execute a contract for construction of the
site improvements for this project. Based on the budget that you gave us to work with, we recommend accepting the base bid and
selected alternates as descnbed below. As with all projects, we also encourage the City to set aside a 5% construction
contingency just incase something unexpected arises during construction.
Base bid
628,365.55
Alternate #6 - Site Benches
6,000 -00
Alternate #8 - Chandink fencing to enclose each ballfieki
33,250.00
Alternate #9 - agg -lime warning track related to fencing above
18,300.00
Alternate #10 - ballfield mangates in outfields
-- l920
Total Recommended Context Amount
5687,815.55
We also recommend that the City get a commitment from this contractor that Dick Travis will be the active project manager for the
work and that they have the capacity to complete the work according to schedule, since this project (including turf establishment)
is so critical to the City of Maplewood.
It has been a pleasure working with the City on this project and we look forward to seeing the community ideas "carne to Iife" in
the following months. If you have any questions or concerns, please call me at (952) 238 -0831 ext. 14.
Thank you.
Br auer &�Assssssoociates, Ltd.
Jason L. AmbecArg, H_ . )
Vice President -"
enclosures: bid tabulation
Reco mcn iatou to Accept Bid - Atma Heiglas Pad; Sitelrtprovemeds page -1 of
BID FORM 00500
PROPOSAL: Afton Heights Park General Site Improvements
PROJECT: Afton Heights Park
Maplewood, Minnesota
OWNER: Maplewood Parks & Recreation Department
1830 County Road B East
Maplewood, MN 55109
PROJECT Brauer & Associates Ltd.
CONSULTANT: 10417 Excelsior Boulevard, Suite 1
Hopkins, MN 55343
BID SUB - MISSION Bids are due on Tuesday September 2nd, 2003 at 2:00 p.m. local time at the office of Bruce
DATE AND TIME Anderson, Parks and Recreation Director, City Hall (at the Owner's address defined above).
SUBMITTED BY: Name: Carl colander & Sons Co. (Type or Print Clearly)
Address: 251 Starkey Street
St. Paul, MN 55107 -0216
Contact: Dick Travis Telephone: 651.223.8197
6135
OFFER: BIDDER will complete the work according to the following:
(a) The quantities indicated for "UNIT PRICE" bid items are for the convenience of the Bidder
and are not guaranteed "UNIT PRICE" bids shall include all labor, materials, storing,
equipment, overhead, profit, insurance, tags, etc. necessary to cover the work described in
the contract documents. Final payment to the contractor for "UNIT PRICE" bid items shall
be based on field measured quantities and the contractor's unit bid price for completing the
work outlined in the contract documents.
(b) Each Bidder must verify or establish quantities and the extent of work to their own
satisfaction for "LUMP SUM" bid items, and submit a total bid sufficient to cover all the
work outlined in the contract documents. "LUMP SUM" bids shall include all labor,
materials, storing, equipment, overhead, profit, insurance, tags, etc. necessary to cover the
work described in the contract documents. Final payment to the contractor for "LUMP
SUM" bid items shall be based on the contractor's bid price for completion of the work
outlined in the contract documents.
(c) The bid form has the following schedules in the following order:
1)Base Bid Schedule
2)Alternate Bid Schedule
The contractor is required to provide a bid price for all schedules and bid items. Award of
contract will be as stipulated under "Award of Contract" on the last page of this bid form.
Brauer & Associates, Ltd. Afton Heights Park Site Improvements
Project 1103 -16 DOCUMENT 00500 -1 Maplewood, MN
Afton Heights Park Base Bid Schedule
UNITS LEGEND: LS =Lump Sum, SF =Square Feet, SY = Square Yard, EA =Each, LB =Pound
LF = Lineal Feet, FF = Face Feet, CY = Cubic Yards (in place measure) IN = Ton
No.
Section 1 - Removals
Plan
Unit
I
Unit Bid
Total Bid
Description
Qty.
(In Dollars)
(In Dollars)
1
Remove all items specifically identified on sheet Lt and as listed
1
LS
uJ
3 6`, a
3 dc
So, a So •
below as being removed by contractor. Removals include, but are not
limited to: 1) tennis & basketball court removal, 2) asphalt drivelparking
areas with curb and gutter 3) play area including all equipment,
surfacing, and container edging, 4) asphalt trails, 5) hockey rink, 6)
asphalt parking lot, 7) agg -lime infields (material may be used as common
fill below proposed paved areas) 8) play equipment, 9) wooden fencing
& bollards, 10) chainlink fencing and backstops, and 11) any other items
necessary for construction of proposed improvements.
Section 1 - Removals Total
No. Section 2 - Earthwork Plan Unit Unit Bid
Total Bid
Description Qty. (In Dollars)
(In Dollars)
1
On -site earthwork as required to achieve plan grades and an on -site
1
LS
( 4
Cj ( • dZ`
balance - complete, including: 1) stripping, stockpiling, respreading, and
r
fine grading topsail to 6" settled depth; 2) common excavation and
placement of subsoil materials to subgrade elevations in all work areas;
3) subsoil compaction for all areas to be paved, i.e. trails, parking lots,
courts, etc; and 4) grade maintenance as necessary for duration of
construction period; (does not include erosion control fencing under this
item)
_
2
Furnish and place all erosion control fencing as indicated on plan
2,968
LF
1.
r L{ e a • 41D
sheet L3 - complete
3
Furnish and place compacted infield aggregate in infields to 5" depth
1,400
TON
3 7, z
(compacted in -piace measure) - Note: includes warning track on trail
side only for fields 2 & 3. Does not include the warning track for field
#1 under this item.
4
Furnish and install play area drainage system as indicated on plans
1
LS
3 r OE1�
0
- 3! •
and details, including ail 4" dia. perforated and non - perforated PVC pipe,
drain outlet and all connections and appurtenances - complete.
5
Furnish and place wood fiber blanket as indicated on plan sheet L3
1,215
SY
-
3, 7
and as directed by LA -E at lime of construction - MNDOT Catagory 3
Wood Fiber 2S.
6
Furnish and install rock construction entrance as indicated on plan
1
LS
CZct , 60
Q Q p , 6-u
sheet Lt, includes removal and restoration - com lete.
Section 2 - Earthwork Total
No. Section 3 - Utilities (Storm Sewer) Plan Unit Unit Bid
To Bid
Description Qty. (In
(In Dollars)
Dol
/lays)
Y
n
1
Remove existing catch basin as shown on plan sheet L3
1
EA
2
Connect to existing storm sewer ipe as shown on Ian sheet L3
t
EA
F
t J LID
Brauer & Associates, Ltd. Afton Heights Park Site Improvements
Project #03-16 DOCUMENT 00500 - 2 Maplewood, MN
3
Furnish an install 4" PE drain tile as shown on plan sheet 1-3
355
LF
7 SO
4
Furnish and place coarse filter aggregate (Spec. 3149) with
100
Cy
4M
40,06 40,06 'j
eotextile fabric (Spec. 3733, Tye I) as shown on detail 311-3.
5
Furnish and place 12" RC Pipe Sewer Design 3006 CLV as shown on
480
LF
d
sheet L3
t
6
Construct Pond outlet structures as per details 411-3 and 5/1-3 and as
2
EA
35-0b db
- 7 t e?oo 6D
shown on plan sheet 1-3.
.
7
Construct drainage structure design 46-4020 as shown on plan
2
EA
400 • db
sheet 13 and in the specifications.
;RnOD -6
q 1
8
Furnish and Install Rip -rap flume at curb cut drainage outlets
including rip -rap and geotextile fabric as shown on plan sheet L3 and as
3
EA
(j 00 ` j.>z�,
- � QQ
/ 4z
r detail 4/1-13.
Section 3 - Utilities (Storm Sewer) Total
No. Section 4 - Asphalt/Concrete Plan Unit Unit Bid
Total Bid
Description Qty. (1n Dollars)
(In Dollars)
1
Furnish and place asphalt paving for parking areas & hard court,
induding 1 112" MnDOT 2331 Type 31 base course, 1 112" MnDOT 2331
4,423
SY
1 1- �✓'®
!j-`O a je /',�. c
Type 41A wearing course and 6" MnDOT 3138 Class 5A aggregate -
,7
complete
2
Furnish and place asphalt paving for general trails, - including 3"
3,456
SY
t�
4 a t �0�� g
MnDOT 2331 Type 41A wearing course and 6" MnDOT 3138 Class 5A
aggregate - complete
3
Furnish and place MnDOT 8612 concrete curb and gutter for parking lot
2,186
LF
��- ��
a
and drives - complete
4
Furnish and place 4" thick concrete paving (4000 psi) for walks, table
5,051
SF
: f ��
Y
a a r 7 a
pads, bench pads, bike racks, etc. - complete
5
Paint parking lot stalls and miscellaneous lines I HC parking
1
LS
areas in parking lots - complete
6
Furnish and place 6 -18 concrete play area curb (4000 psi) - complete
590
LF
a ✓ • CZj
1 757D • t:U
7
Furnish and install 4" thick x 16" wide concrete maintenance strip
(beneath ballfield fencing and fencing along south end of soccer area) -
1,157
IF
p
complete
8
Furnish and install Colorcoat surfacing on hard court - complete
63
SY
• 6z
,
9
Furnish and place 5" thick concrete pad (4000 psi) for dumpster
120
SF
S-�
7
enclosure - complete.
I
No. Section 5 - Fencing Plan Unit Unit Bid
Total Bid
Description Qty. (In Dollars)
(In Dollars)
1 Furnish and install 30'x 20'x 30' chainlink fence backstop on
1
EA
q D�`CN
p
` r b z'
ballfield #1 - complete including concrete footings.
2 Furnish and install 30'x 16'x 30' chainlink fence backstop on
2
EA
ballfields #2 & #3 - complete including concrete footings.
7
Brauer & Associates, Ltd. Afton Heights Park Site Improvements
Project 903 -16 DOCUMENT 00500 - 3 Maplewood, MN
3
Furnish and install 10' high - 3 rail chainlink fence ( south of soccer 425
area along trail) - complete.
LF
ao. rm
S�J `-��� - &D
4
Furnish and install 10' high x 12' wide chainlink gate - complete
3
EA
D • 0)
r dD -
5
Furnish and install 10' high x 3' wide chainlink man ate - complete
6
EA
i
. OU
a g ED • 1SE3
6
Furnish and install 10' high - 3 rail chainlink fence (ballfields) -
complete.
1,190
LF
9-S • !io
Q
o2 r 7 S - /—o
7
Furnish and install 10' high - 4 rail chainlink fence (front of players
bench areas - complete.
144
LF
3 S,
S r BYO • GrD
8
Furnish and install 10' high x 2' wide chainlink mangate (trailside of
fields #2 & 3 ) - complete.
2
EA
9
Furnish and install foulline poles - BSN Sports model #BBFLPOLE
including flags & finish, concrete footings, etc. - comp lete.
6
EA
f $'p0.(Fy
d b
Section 5 - Fencing Total
No. Section 6 - Site Amenities & Miscellaneous Items Plan Unit Unit Bid Total Bid
Description Qty. (in Dollars) (In Dollars)
i
1 Furnish and install 24' players bench with backrest - direct bury 6 EA t 5 , z 4)b0
JW Industries, Inc. - complete (does not include concrete ad
3 I Furnish and install guard rail along south parking area as indicated on 90 LF - q r 4;60
plans - complete.
Section 6 - Site Amenities & Miscellaneous Items Total
No. I Section 7 - Site Electrical
1 Furnish and install site electrical system, as defined on electrical
sheet E -1 through E -2 and related specifications - minus alternate bid
items related to electrical system.
No. I Section 8 - Site Irrigation
1 Furnish and install water service as shown on sheet L3 and
irrigation system as shown on sheet IR -1: complete - including
plumbing and 2" service connection from existing service to irrigation
pump as shown on sheet 1-3, irrigation system as shown on IR -1,
electrical hookups, 6" thick conc. pad, booster pump system, enclosure,
etc. Note: All work related to water service connection and
pump system plumbing must be completed by a licensed
Plan I Unit I Unit Bid I Total Bid
LS 60, 6:)0 do
Section 7 - Site Electrical Total 1 4'/ DCO "
Plan Unit Unit Bid Total Bid
Qty. (in Dollars) (In Dollars)
1 LS _
Section 8 - Site Electrical Total 1 • C%
Brauer & Associates, Ltd. Afton Heights Park Site Improvements
Project #03 -16 DOCUMENT 00500 -4 Maplewood, MN
No.
Section 9 -Seed & Sod
Plan Unit
Unit Bid
Total Bid
Description
Qty.
(In Dollars)
(In Dollars)
1
Furnish and place Type I seed mixture for pond areas - complete.
1
LS
Ob,
QfJD • Gil
2
Furnish and place Type II seed for irrigated turf areas - complete.
1
LS
/8 LYtO• DD
$ dV C .
3
Furnish and place T III seed for non-irrigated turf areas -
Type
1
LS
�i
��
2
complete
1
LS
�r D� '�
ez)D • I)D
4
Furnish and place Type IV seed for native prairie areas - complete
1
LS
51 4ZD , &
OD - 1
5
Furnish and place sod for placement as directed by LA -E at time of
3,200
Sy
O
construction - complete
all components in the field lighting control enclosure shall be installed.
No. I Section 10 - Construction Surveying & Staking
1 I Perform all Construction Surveying & Staking by a registered land
surveyor, as required to meet all layout and grading requirements
Section 9 - Seed & Sod Total
Plan Unit I Unit Bid I Total Bid
1 1 LS [57tk2 � ! 5 d0
Section 10 - Construction Surveying & Staking Total I I Sr O&b . W
Base Bid Total 1 4.721.3
Afton Heights Park Alternate Bid Schedule
I
No.
Alternate Bid Schedule Plan
Unit
Unit Bid
Total Bid
Description Qty.
(In Dollars)
(In Dollars)
1
Furnish and install soccer field lighting, field lighting control enclosure,
1
LS
71e 6e6
.. G � -
new electrical service, and all associated circuitry. Refer to drawings E1
and E2.
2
Furnish and install outlets on fence at baseball and softball fields and
1
LS
�r D� '�
all associated circuitry. Refer to drawings Et and E2. If this alternate is not
taken conduits shall be stubbed out from field lighting control enclosure and
all components in the field lighting control enclosure shall be installed.
3
Furnish and install parking lot lighting adjacent to soccer fields and
1
LS
a r QD
all associated circuitry. Refer to drawings E1 and E2. If this alternate is not
taken conduits shall bestubbed outfrom field lighting control enclosure and
all components in the field lighting control enclosure shall be installed.
4
Furnish and install parking lot lighting adjacent to playground and all
1
LS
Ile OCO DD
V, Gam' • eZ
associated circuitry. Refer to drawings E1.
5
Furnish and install bike rack loops as indicated on plans as per
8
EA
J
manufacturers specifications - complete (does not include concrete pad).
6
Furnish and install 6' Benches - direct bury (Timberform Model # 2016-
5
EA
6 -E) - complete.
7
Furnish and install 8' Picnic Table - direct bury - (Timberform - Model
1
EA
#2162 -8 -E) - complete
8
Furnish and install 10' high - 3 rail chainlink fence (ballfields) -
1,750
LF
complete
Brauer & Associates, Ltd. Afton Heights Park Site Improvements
Project #03 -16 DOCUMENT 00500 -5 Maplewood, MN
9 I
Furnish and place compacted agg -lime in warning tracks to 6" depth
610 TON
3 b, &C t 6 3 iCb - uU
(compacted in-place measure) - Refer to s heet L5 for more information.
10
Furnish and install 10' high x T wide chainllnk mangate -for field #1
4
EA
t / Q L�
and non -trail sides of fields #2 & 3 - complete
11
Furnish and install ball rack - complete
6
EA
4 ;fa - OrD
43b
12
Furnish and install bat rack - complete
6
EA
<rGD • Ca
3 40D - ab
13
Furnish and install Northam Red Oak, 2.5" cal. B &B
17
EA
5 • &0
Zu
14
Furnish and install Northwood Maple, 2.5 cal. B &B
4
EA
157 • JC
15
Furnish and install Autumn Brilliance Serviceberry, 2.5 cal. B &B
7
E4
jd'D• [U
16
Furnish and install Dwarf Bush Honeysuckle, #5 Potted
9
EA
q b, 6
17
Fumish and install Blue Star Juniper, #5 Potted
45
EA
qb. 4)
18
Furnish and install Miss Kim Lilac, #5 Potted
32
EA
q b Qz)
f f 6D
19
Furnish and install Fragrant Gro -Lo Sumac, #5 Potted
22
EA
4D .$D
20
Furnish and install Goldflame Spires, #5 Potted _
28
EA
Y D - !J0
21
Furnish and install ivory Halo Dogwood, #5 Potted
10
EA
60
22
Furnish and place tree protective fencing as indicated on plan sheet
850
LF
a
L1 and as directed by LA -E at time of construction
23
Complete soils corrections as directed by LA -E to include:
1,000
CY
1) over - excavation and on -site disbursement of subsoil material and
�' • fS�
2)import and place engineered backfill meeting MnDol Spec. 3149.2132C
or G.
Note: Bid quantities and payment on a cubic yard basis shall be be based
on in -place cubic yard measure and include both excavation and
disbursement of subsoils and import, placement, and compaction of
engineered backfill.
Alternate Bid Total: aa/j 16- Q
End of Bid Schedules
OWNER'S RIGHT The owner reserves the right to revise the scope of the work outlined in the contract documents. "Unit
Price" bids in the base bid and alternate bid schedules shall prevail for changing quantities of work items
from those indicated in the contract documents.
ADDENDA The following Addenda have been received. The modifications to the Bid Documents noted therein have
been considered and all costs thereto are included in the Bid price.
Addendum # 1 Dated gust 27, 2003
Addendum # Dated
Addendum # Dated _
CONTRACT TIME The undersigned agrees to commence work under this contract on or before the date to be specified in
written "Notice to Proceed" of the Owner with the project 100% complete on or before July 15, 2004 as
stipulated in the specifications. Project start date is projected to be September 16'", 2003. Bidder
further agrees to pay as liquidated damages to the sum of one hundred dollars ($100.00) per day for
each consecutive calendar day thereafter as hereinbefore provided in Section 00811- Supplemental
Brauer & Associates, Ltd. Afton Heights Park Site Improvements
Project #08-16 DOCUMENT 00500 -6 Maplewood, MN
Conditions of the Contract Specifications.
WITHDRAWAL
OF PROPOSAL
SUBMITTAL
REQUIREMENTS
AWARD OF
CONTRACT
BID FORM
SIGNATURES(S)
This proposal is submitted after careful study of the Drawings and Specifications and from personal
knowledge of the conditions, both surface and subsoil, at park site, which knowledge was obtained from
the undersigned's own sources of information and not from any employee of the City of Maplewood.
It is understood and agreed that proposal cannot be withdrawn within thirty (30) calendar days without the
consent of the City of Maplewood. The City of Maplewood has the right to reject any or all proposals.
A Bidder's Bond or Certified or Cashier's Check in the amount of not less than five percent (5 %) of your
total bid made payable to City of Maplewood, is attached herewith and shall be considered liquidated
damage to the Owner if bidder is awarded the contract but fails to enter into a contract in accordance with
this Proposal.
Each bidder shall be required to submit the following information and data. Information not submitted at
the bid opening must be submitted prior to award of the contract.
1. Affidavit of Non - Collusion
2. Acknowledgment of receipt of addendum
3. Any other items specifically required by the contract documents.
The contract for the work outlined in the contract document and this proposal form, will be awarded to the
lowest qualified bidder. Lowest bid will be determined by the TOTAL BASE BID PRICE PLUS THE
ACCEPTED ALTERNATES.
Respectfully submitted,
Bidder i Corporation (Partnership) (Individual)
Firm Carl Bolan der Sons Co.
By /« lel
J
Title CFO /Secretary- Treasurer
Fed. Tax 41- 0157410
ID Number 8048310
Date 9 /2/03
Brauer 8 Associates, Ltd. Afton Heights Park Site Improvements
Project #03 -16 DOCUMENT 00500 - 7 Maplewood, MN
AGENDA ITEM K -1
AGENDA REPORT
TO:
Richard Fursman, City Manager
FROM:
Chuck Ahl, Public Works Director /City Engineer
Chuck Vermeersch, Civil Engineer I
SUBJECT:
Atlantic Street Water Main, City Project 03 -16
Resolution Approving Plans and Soliciting Quotes
DATE:
September 2, 2003
Introduction
Final plans and specifications for the above referenced project have been completed by the city
engineer. Since construction costs plus 10% contingencies are estimated to be less than $50,000,
staff will solicit quotes from at least three contractors for the project.
Background
The project involves installation of water main, water services, a sanitary sewer service, and
extension of storm sewer. All costs associated with this project are proposed to be assessed to the
benefiting property owners. The amount of the assessments will be dependent on the actual cost of
the improvements. This is the method of assessment that was outlined in the feasibility study.
Recommendation
It is recommended that the city council approve the attached resolution for the Atlantic Street
Water Main, City Project 03 -16: Approving Plans and Soliciting Quotes.
CJV
Attachments
1. Resolution Approving Plans
2. Location Map
RESOLUTION
APPROVING PLANS AND SOLICITING QUOTES
WHEREAS, pursuant to resolution passed by the city council on August 25, 2003, plans and
specifications for Atlantic Street Water Main, City Project 03 -16, have been prepared by the city
engineer, who has presented such plans and specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
improvements.
The city engineer is directed to solicit quotes from at least three contractors for the
3. The council will consider the quotes, and the award of a contract, at the regular city
council meeting of September 22, 2003.
Project Location
Atlantic Street Water Main 03 -16