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HomeMy WebLinkAbout2003 09-22 City Council PacketCouncil /Manager's Workshop C.:OOp.m. AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 22, 2003 Council Chambers, Municipal Building Meeting No. 03 -23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes from the City Council Special Meeting- September 08, 2003 2. Minutes from the City Council Meeting- September 08, 2003 3. Minutes from the City Council Special Meeting- September 10, 2003 E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS 1. Resolution of Appreciation — MattLedvina 2. Proclamation - "Good Neighbor Day" G. CONSENT AGENDA All mattcrs listcd undcr the Conscnt Agcnda arc considcrcd to be routinc by the City Council and will be cnactcd by one motion. If a mcmbcr of the City Council wishcs to discuss an itcm, that itcm will be rcmovcd from the Conscnt Agcnda and will be considcrcd scparatcly. 1. Approval of Claims 2. Reimbursement of Four Wheeler — Chief Lulcin 3. Lawful Gambling Resolution - Pioneer Booster Club 4. Ramsey County Sheriff s Department — Special Use — Fright Farm 5. Woodlynn Heights No. 7 Final Plat (Woodtynn Avenue, West of McKnight Road) 6. Conditional Use Permit Review — Budget Towing and Tire (1291 Frost Avenue) 7. Kennard/Frost Area Streets, Project 02 -10 — Resolution Directing Modification of Existing Construction Contract 8. Hazelwood Street Improvements, Project 01 -16 — Resolution Revising Assessment Hearing Date 9. Budget Change for Laptop Computers 10. Resolution Authorizing the Submittal of Grant Application H. PUBLIC HEARINGS 1. 7:10 p.m. Mounds Park Academy Tax - Exempt Bond Financing (2051 Larpenteur Avenue) 2. 7:15 p.m. Group Health (Health Partners) Tax- Exempt Bond Financing (2165 White Bear Avenue) I. AWARD OF BIDS J. UNFINISHED BUSINESS 1. Hmong American Alliance Church (2515 Maplewood Drive) a. Comprehensive Plan Amendment (M -1 to C (church)) (4 votes) b. Conditional Use Permit C. Design Approval K. NEW BUSINESS 1. Fee for 2:00 A.M. Liquor License 2. Suburban Court Facility Resolution 3. County Road D at TH 61 Improvements, City Project 02 -08, Resolution Approving Improvements at Existing TH 61 and County Road D with City of Vadnais Heights 4. County Road D Realignment Soil Stabilization and Wetland Mitigation Improvements, City Project 02 -07 — Resolution Approving Plans and Specifications and Authorizing Receipt of Bids L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS 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- -NOTES MAPLEWOOD CITY COUNCIL SPECIAL MEETING 6:00 P.M., Monday, September 08, 2003 Council Chambers, Municipal Building Meeting No. 03 -20 ra 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 6:00 P.M. by Mayor Cardinal. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF AGENDA Councilmember Collins moved to approve the agenda as presented. Seconded by Councilmember Wasilulc Ayes -All PUBLIC HEARING 1. 6:04 p.m. 2:00 a.m. Bar Closing a. City Manager Fursman presented the staff report. b. City Cleric Guilfoile and Police Chief Thomalla presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Marianne Norder, 4455 138` Court West, Rosemount Cheri Ottem, 10449 Barnes Way, Inver Grove Heights Wayne Belisle, Champp's of Maplewood George Rossbach, 1406 East County Road C, Maplewood Crystal Murphy, 1119 9` Avenue S, South St. Paul Carrie Winger, 2045 7 `h Avenue East, North St. Paul Scott Utley, Best Western Maplewood Inn, Maplewood Dawn Hermann, 7859 Lois Lane, Lino Lakes Suzanne Chase, 4081 Park Valley Lane, White Bear Lake Donald Wood, 3819 East 42 °a Street, Minneapolis City Council 09 -08 -03 Amanda Kranz, 266 Galaxy Drive, Circle Pines Veronica, address withheld at request of speaker Stephen Yantes, Owner Bleechers Restaurant Brian Meyers, Owner of the Bird Restaurant Bernie Klowkowski, Manager of Bennigan's Restaurant Darren Lee, 1630 Ester Avenue, Lauderdale d. Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the 2:00 a.m. Bar Closing from Thursday through Saturday for a six -month trial period, with a fee imposed to the establishments participating_ Motion died for lack of a second Mayor Cardinal moved to adopt the 2:00 a.m. Bar Closing effective immediately publication of City Ordinance amendment for seven nights a week A fee will be imposed to the establishments participating and data will be collected by the Police Department to be reviewed in one year. Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Collins and Wasiluk Nays- Councilmembers Collins and Juenemann E. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 7:09 p.m. Seconded by Councilmember Koppen Ayes - All City Council 09 -08 -03 Agenda Item D2 DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:16 P.M., Monday, September 08, 2003 Council Chambers, Municipal Building Meeting No. 03 -21 IN C. 10 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 7:16 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Steve Robertson, Champlain, led a prayer in reflection of the 9 -11 tragedy. ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES Minutes from the City CounciUManager Workshop- September 05, 2003 Councilmember Juenemann moved to approve the Council/Manager Workshop Minutes of August 25, 2003 as amended. Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Juenemann, Collins and Koppen Abstain- Councilmember Wasiluk 2. Minutes from the City Council Meeting - August 25, 2003 Councilmember Collins moved to approve the City Council Meeting Minutes of August 25, 2003 as amended. Seconded by Councilmember Wasiluk Ayes -All City Council Mccting 09 -08 -03 E. APPROVAL OF AGENDA Ml. Fall Clean -Up Date - October 11 M2. Primary Election M3. Filing for School Board Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Wasiluk Ayes -All F. APPOINTMENTS /PRESENTATIONS Larry Cude, former Maplewood Emergency Management Director, presented an award to the memory of Bill Makiska in recognition of his outstanding service to the community through his involvement in the Maplewood Fire Department, Police Civil Service Commission and Deputy Director of the Maplewood Emergency Management. G. CONSENT AGENDA Approval of Claims 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 #61718 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 City Council Mccting 09 -08 -03 2 2. Purchase of Fuel Tank Monitoring System Authorized 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. 3. St. Jerome Fall Festival - Temporary Beer and Wine and Temporary Food License Issued a temporary intoxicating liquor license for St. Jerome's annual fall festival and Booya to Diane Tibodeau. 4. 622 Education Foundation - Temporary Gambling Resolution Adopted the following resolution issuing Charlene Krepel a temporary gambling license to conduct a raffle on behalf of the 622 Education Foundation: RESOLUTION 03 -08 -170 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. 5. Retailer Protection Association Agreement Approved 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. 6. Legacy Village Final Plat (County Road D and Kennard Street) Approved 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 malting the changes required by Chuck Ahl 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. City Council Mccting 09 -08 -03 Woodlyn Ponds Final Plat (County Road D and Chisolm Court) Approved the final plat for Woodlyn Ponds. This approval is subject to the county recording the lot, the homeowner's association documents and all required easements. 8. Dearborn Meadows East Final Plat (Castle Avenue and Castle Court) Approved the Dearborn Meadow East final plat. This approval is subject to the county recording the deed restrictions and covenants required by the city. 9. Beaver Lake Townhomes Third Addition Final Plat (Lakewood Drive and Magnolia) Approved 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. 10. Conditional Use Permit Review, Sobriety High School (2055 White Bear Avenue) Approved to 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. 11. Conditional Use Permit Review, Schlomlca Over -sized Garage (1501 Henry Lane) Approved to 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. Councilmember Koppen moved to Mprove the consent agenda items as presented. Seconded by Councilmember Collins Ayes -All H. PUBLIC HEARINGS 7:25 p.m. Legacy Village (County Road D and Southlawn Drive) - Business Subsidy Policy Legacy Village Property Tax Abatement Legacy Village Development Agreement a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Will Rossbach, 1386 East County Road C, Maplewood George Supan, 3050 Hazelwood Street, Maplewood d. Mayor Cardinal closed the public hearing. City Council Mccting 09 -08 -03 Councilmember Koppen moved to adopt the following resolution approving the Business Subsidy Policy for Legacy Village (County Road D and Southlawn Drive Seconded by Councilmember Juenemann Ayes -All Councilmember Koppen moved to adopt the following resolution approving the Legacy Village Property Tax Abatement: RESOLUTION 03 -09 -176 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 1161995 (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 "). 3. Findings for the Abatement The City Council hereby makes the following findings: City Council Mccting 09 -08 -03 (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 estimated market value for tax purposes of between $123,040,000 and $175,295,000, generating estimated annualproperty 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 areas 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 aportion 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. 5. 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. 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 Wage and Job Goals Pursuant to Minnesota Statutes, Sections 1 161994, Subd. 4, the City hereby determines that the creation and retention of jobs are not a goal of granting City Council Mccting 09 -08 -03 the Abatement. Consequently, the wage and job goals for the grant of the business subsidy to the Developer are hereby set at zero. Exhibit A Property ldcntitication Numbcrs of the Abatcmcnt Arca 032922120001 — Hajiccic 032922120002 — Hajiccic 032922120003 — Hajiccic 032922120004 — Hajiccic 032922120005 — Hajiccic 032922120006 — Hajiccic 032922120007 — Hajiccic 032922120015 — Hajiccic 032922120016 — Hajiccic 032922120017 — Hajiccic 032922 12001 8 — Hajiccic 032922120019 — Hajiccic 032922120020 — Hajiccic 032922 1 10002 — Hajiccic 032922120009 — Gatcs 032922120010 — Supan 032922120021 — Gcphard & Uhlcnbrauck 032922120023 — Pctcrson 032922120024 — Kincaid Seconded by Councilmember Juenemann Ayes -All Councihnember Koppen moved to adopt the following Legacy Village Development Agreement: City Council Mccting 09 -08 -03 7 DEVELOPMENT AGREEMENT RELATING TO THE LEGACY VILLAGE PROJECT CITY OF MAPLEWOOD, MINNESOTA BETWEEN CITY OF MAPLEWOOD, MINNESOTA :►1 LEGACY HOLDINGS —MW LLC Effective Date: September 8, 2003 This documcnt draftcd by: Briggs and Morgan, P.A. (DJC) W2200 First National Bank Bldg. 332 Minncsota Strcct St. Paul, MN 55101 1 ................................................................................................. ............................... RECITALS ....................................................................................................... ............................... 1 2 ............................. GENERAL REPRESENTATIONS AND COVENANTS OF DEVELOPER ....................................................................................................... ............................... 4 3 ...................................... ............................... CONSTRUCTION OF CITY IMPROVEMENTS ....................................................................................................... ............................... 6 4 ............................................. ............................... .....................ASSESSMENT AGREEMENT ....................................................................................................... ............................... 7 5 ................................................................. ............................... PARK AND TRAIL MATTERS ....................................................................................................... ............................... 8 6 . ............................... ......................FINANCIAL INCENTIVES FOR MASTER DEVELOPER ....................................................................................................... ............................... 8 7 .......................... .....................INSURANCE, CASUALTY LOSS AND INDEMNIFICATION ..................................................................................................... ............................... 11 8 ................................................. ............................... .......................MORTGAGE FINANCING ..................................................................................................... ............................... 12 9 ........................................ ............................... .....................ASSIGNMENT AND TRANSFER ..................................................................................................... ............................... 13 10 .......................................................................... ............................... EVENTS OF DEFAULT ..................................................................................................... ............................... 14 City Council Mccting 09 -08 -03 8 11 ........................................ ............................... ..................MISCELLANEOUS PROVISIONS ..................................................................................................... ............................... 17 EXHIBIT A PROJECT PROPERTY ..................................................... ............................... A -1 EXHIBIT B CITY IMPROVEMENTS .................................................. ............................... B -1 EXHIBIT C IMPROVEMENTS IN LAKE LINKS TRAIL CORRIDOR .............................. C -1 EXHIBIT D PERMITTED ENCUMBRANCES ....................................... ............................D -1 EXHIBIT E OPINION ........................................................................... ............................... E -1 EXHIBIT FASSESSMENT SCHEDULE ................................................. ............................F -1 EXHIBIT G TRAIL EASEMENT LEGAL DESCRIPTION ..................... ............................G -1 EXHIBIT H NOTE ................................................................................ ............................... H -1 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. ( "Tcrmination Datc" ). 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 pursuant to the provisions of Section 9.2 ( "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. City Council Mccting 09 -08 -03 9 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 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 "d of each year thereafter until the Tax Abatement Bonds are repaid in full. LIOThe various proposed Phases for the Project are as follows: Phasc 1 - For -salc Townhomcs locatcd on Outlot H of the Plat togcthcr with Outlot I which will be uscd and dcvclopcd pursuant to the provisions of Section 2.2(j) hcrcof. Phasc 2 —A Furniturc Storc locatcd on Outlot C of the Plat; Phasc 3 — Rcntal Townhomcs and Otiicc /Clubhousc locatcd on Lot 1, Block 1 and Lot 1, Block 2 of the Plat; Phasc 4 - Scnior Assistcd Rcntal Housing locatcd on Lot 1, Block 3 of the Plat; Phasc 5 - Multifamily Housing locatcd on Outlot B of the Plat; Phasc 6A— Rctail Commcrcial facilitics locatcd on OutlotA of the Plat; Phasc 6B - A Rcstaurant and Rctail/Commcrcial facilitics locatcd on Outlots D and E of the Plat; Phasc 7 - Corporatc /Commcrcial facilitics locatcd 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 "). 12Master 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 20 feet in width. City will construct the improvements on Outlot F and the Trail Easement as described and depicted on Exhibit C attached hereto. City Council Mccting 09 -08 -03 10 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 fcasibility study, final plans and spccifications for the Kcnnard Strcct Improvcmcnts, CityProjcct 03 -04. • The alignmcnt study, Environmcntal Asscssmcnt Workshcct (EAW), fcasibility study, final plans and spccifications for the County Road D Rcalignmcnt Projcct, CityProjcct 03 -07. • The fcasibility study, final plans and spccifications for the County Road D Rcconstruction Projcct, CityProjcct 03 -08. • The fcasibility study, final plans and spccifications for the Lcgacy Parkway Improvcmcnts, CityProjcct 03 -26. • The fcasibility study, final plans and spccifications for the Hazclwood Strcct Rcconstmction Projcct, CityProjcct 01 -16. • Final plans and spccifications for the Lakc Links Trail Corridor Improvcmcnts. 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 makcs the following rcprescntations 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 "). City Council Mccting 09 -08 -03 11 (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 Articles of Organization. There are no pending or, to the knowledge of Master Developer, threatened legal proceedings, contemplating the liquidation or dissolution of the Master Developer or threatening its existence or seeking to restrain or enjoin 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 comphance 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. Master Developer covcnants and agrccs 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 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 as to a Site Plan for any Phase and, under appropriate circumstances, require a Phase Development Agreement. City Council Mccting 09 -08 -03 12 (e) 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 avalue 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 receiving an allocation of Low Income Tax Credits from the Minnesota Housing Finance Agency in December, 2003 in an amount reasonably determined by Successor Developer to be necessary to construct such affordable housing. 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. (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 CITY 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 will City Council Mccting 09 -08 -03 13 commence on approximately September 25, 2003 and should be completed pursuant to the following schedule: Proposcd Proposcd Construction Construction City Improvcmcnt Projcct Start Datc Complction Kcnnard Strcct Improvcmcnts, C.P. 03 -04 Scpt. 2003 County Road D Rcalignmcnt Projcct, C.P. 03 -07 Oct. 2003 County Road D Rcconstmction Projcct, C.P. 03 -08 Scpt. 2006 Legacy Parkway Improvcmcnts, C.P. 03 -26 May 2004 Hazclwood Strcct Rcconstruction, C.P. 01 -16 May 2004 Lakc Links Trail Corridor Improvcmcnts May 2004 July 2004 July 2005 Scpt. 2008 July 2005 July 2005 July 2005 3.2 The special assessments for City Improvements that will be charged to the Project will be $6,208,709 pursuant to the Schedule attached hereto as Exhibit E ( "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, $6,208,709 and that the City Improvements will benefit the Project Property in at least the amount of $6,208,709. Master Developer hereby consents to the assessment of $6,208,709 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 $6,208,709 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. City Council Mccting 09 -08 -03 14 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 consent 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. 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 from the proceeds of the Public Improvement Bonds and such costs are included in the special assessments charged against the Project pursuant to Section 3.2 hereof. 5.3 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. City Council Mccting 09 -08 -03 15 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 evidence of financing for each such Phase and the issuance of a building permit for the Improvements on such Phase, the City will pay the Master Developer from Abatement Bond proceeds, at the closing of the financing for the construction of Improvements on such Phase, aportion 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 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 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 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. City Council Mccting 09 -08 -03 16 (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: (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. 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) togetherwith 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 City Council Mccting 09 -08 -03 17 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 aclmowledgement 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 anotice 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 dcfault undcr such Mortgagc cntitics the mortgagcc to forcclosc upon the Projcct or any portion thcrcof, and any applicablc gracc periods havc not cxpircd, the mortgagcc must grant the City the right to curc the dcfault upon the samc tcrms as the Master Developer but City will havc no obligation to do so. 9. 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 so long as City reasonably consents to such sale or transfer in writing. Master Developer must submit to the City in connection with the City's consent to such sale or transfer, information about the Assignee of Master Developer indicating the Assignee of Master Developer's ability to carry out the Master Developer's obligations under the Development Agreement, together with: City Council Mccting 09 -08 -03 18 (i) all instruments and other documents involved in effecting the sale or transfer of any interest in this Agreement or the Project; and (ii) all of City's reasonable costs including attorneys fees in connection with such review and approval. 9.2 Transfer to Successor Developer (a) During the term of this Agreement, the Master Developer may sell, convey or transfer any Phase or parcel of the Project to a Successor Developer without the prior written approval of the City so long as the requirements of Section 9.2(b) are satisfied. (b) In connection with any sale or transfer to a Successor Developer: (i) Any proposed Successor Developer must have 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 in 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 their 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. (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 Developer must pay all of City's reasonable costs, including attorneys fees in connection with such review and approval. (c) Upon request of Successor Developer, City will release the Successor Developer and the 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 so long as new documents are executed by Successor Developer that appropriately replace the terms of this Agreement. 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 City Council Mccting 09 -08 -03 19 (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 banluupt or insolvent. (d) If apetition or answer proposing the adjudication of the Master Developer or Successor Developer as a bankrupt or the Master Developer or Successor Developer'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; (e) A receiver, trustee or liquidator of the Master Developer or Successor Developer is appointed in any proceeding brought against the Master Developer or Successor Developer and is not discharged within 90 days after such appointment or if the Master Developer or Successor Developer 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 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; (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 does not commence the cure of the Event of Default within 30 days after the effective date of the notice; or (c) within a reasonable time if a cure has been commenced within 30 days but such Event of Default is not cured 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. City Council Mccting 09 -08 -03 20 (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 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) Send the notice required under the Note stating that the Note and the City's obligations thereunder have terminated. (e) 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 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 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 CO The Hartford Group 12100 Singlctrcc Lane, Suite 112 City Council Meeting 09 -08 -03 21 Edcn Prairic, Minncsota 55344 -7933 Attcntion: Presidcnt (b) in the case of the City, is addressed to or delivered personally to the City care of: City ofMaplcwood, Minncsota 1830 East County Road B Maplcwood, Minncsota 55109 -2797 Attcntion: City Managcr or at such othcr address with respcct to any such party as that party may, from timc to timc, dcsignatc in writing and forward to the othcr, as providcd in this Scction. If a noticc is dclivcrcd by mcans othcr than rcgistcrcd or ccrtiticd mail or ovcrnight dclivcry, the noticc is cttcctivc as of the datc the City Administrator of the City in the casc of noticcs to the City or an otiiccr or othcr appropriatc rcprescntativc of the Master Developer, in the casc of noticcs to the Master Developer, actually rcccivcs the noticc. 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 Governing This Agreement will be governed and construed in accordance with the laws of the State. 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 City Council. 11.8 Memorandum and Binding Effect Contemporaneously with the execution of this Development Agreement and if requested by either City or Master Developer, the parties will execute and the City may thereafter record a Memorandum of this Agreement in a form reasonably acceptable to both parties. Otherwise, this entire Agreement will be recorded in the County Land Records against all of the Project Property. The benefits and burdens of the covenants and restrictions set forth in this Agreement run with title to the Project Property 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. 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. City Council Mccting 09 -08 -03 22 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 or 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] Datcd: STATE OF MINNESOTA) COUNTY OF STEARNS ) ): ss CITY OF MAPLEWOOD, MINNESOTA, a Minncsota statutory city. 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 City Council Mccting 09 -08 -03 23 [Separate Signature Page to Development Agreement] Datcd: STATE OF MINNESOTA) COUNTY OF STEARNS ) ): SS LEGACY HOLDINGS -MW LLC, a Minnesota limitcd liability company The foregoing instrument was acknowledged before me this day of 2003, by ,the behalf of said company. and .the of Legacy Holdings -MW LLC, a Minnesota limited liability company on Notary Public [Separate Signature Page to Development Agreement] Exhibit A Project Property City Council 09 -08 -03 24 Lots 1 to 15 inclusive; Lots 22 to 36 inclnsivc; All in Block 2; Lots 3 to 7 inclnsivc; Lots 30 to 36 inclnsivc; All in Block 3; All in Dorlc Park; Lots 16 to 21 inclnsivc; Block 2, Dorlc Park; Lots 1 and 2, Block 3, Dorlc Park, togcthcr with that part ofthc south half of vacatcd Dorlc Strcct lying bctwccn the northerly extensions of the centerline of the vacated allcy in said Block 3 and the cast lint of said Lot 1, and also togcthcr with the cast half of the vacatcd allcy in said Block 3 lying bctwccn the westerly cxtcnsions of the north lint of said Lot 1 and the south linc of said Lot 2; The Northeast Quarter of the Northeast Quarter of Scction 3, Township 29, Rangc 22; The Northwest Quarter of the Northeast Quarter of Scction 3, Township 29, Rangc 22, cxccpt the west 10 acres thereof. Exhibit B City Improvements The City will construct the following City Improvements as a part of the Project. Kcnnard Strcct Improvcmcnts (Bcam Avcnuc to County Road D), City Projcct 03 -04 This project includes the extension of Kennard Strcct from its current terminus north of Bcam Avcnuc to County Road D. The following Improvcmcnts arc included as a part of this projcct: • Construction of a two -lane divided urban section roadway bctwccn Bcam Avcnuc 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 cast and west sides of the roadway. • Installation of storm drainage Improvcmcnts. • Installation of sanitary scwcr and watcrmain utilities. County Road D Rcalignmcnt (Hazclwood Strcct to TH 61), City Projcct 02 -07 This projcct includes the reconstmetion/rcalignment of County Road D bctwccn Hazclwood Strcct and Trunk Highway 61. County Road D currently extends cast of TH 61, but dots not connect to existing County Road D at Hazclwood Strcct. This projcct includes the construction of this connection to make County Road D a through Strcct bctwccn Hazclwood Strcct and TH 61. The following Improvcmcnts arc included as a part of this projcct: • Construction of a four -lane dividcd urban scction roadway bctwccn TH 61 and Hazclwood Strcct. The roadway alignment will be as approved by the City on May 12, 2003. • Rcalignmcnt of Hazclwood Strcct 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 intcrscction. • Storm scwcr installation and storm water pond construction. • Wctland mitigation area construction. County Road D Reconstruction (Hazclwood Strcct to Whitc Bcar Avcnuc), City Projcct 03 -08 This projcct includes the reconstruction of County Road D bctwccn Hazclwood Strcct and Whitc Bcar Avcnuc. The following Improvcmcnts arc included as a part of this projcct: City Council 09 -08 -03 25 • Reconstruction of the roadway to a four -lane divided urban section design bctwccn Hazclwood 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 arc 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 Outlet F. • Installation of storm drainage improvements, including the construction of two storm water ponds on Outlet F. • Installation of sanitary sewer and watermain utilities. Hazelwood Street Reconstruction (Bcam Avenue to County Road D), City Project 01 -16 This project includes the reconstruction of Hazelwood Street between Bcam Avenue and County Road D. The following improvements arc included as a part of this project: • Reconstruction of the roadway to a three -lane urban section design between Bcam 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 cast side of the roadway between County Road D and the Lake Links Trail Corridor. The attached drawing further details the proposed City Improvements. City Council 09 -08 -03 26 E COUNTY ROAD D CITY PROJECT 0; 4 ' HAZELWOOD STREET RECONSTRUCTION CITY PROJECT 01 -16 FOR SAM TOWNHOMES KENNARD STREET IMPROVEMENTS CITY PROJECT 03 -04 RECONSTRUCTION CITY PROJECT 03 i y M1 . Legacy Village at Maplewood DEVELOPMENT AGREEMENT Maplmw d, Minnesota SEPTEMBER 2003 y akuA I i I E I�RRI , S ZI U (— FU — RNITURE STORE 44,080 OF 2777 S-9 l +a v� sr 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 cast/west, generally following the existing power line casement. 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. 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 apart 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 cast and west sides of Kennard Street between Bcam Avenue and County Road D. • Construction of a 6 -foot wide concrete sidewalk along the cast 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. City Council 09 -08 -03 28 COUNTY ROAD D punt r ROAM o ° j /,�•� -\ THE F S S I 44. OF iY _ Q. E Rf�mml> - i i'�irtt� � ? 137 PKG 8P I I I UBPP iI I - 7 3.34 AC. -_ •A.. _ _ _ _ _ � - =� -- f � - PARK /GREEN _ �� I. - f POND � SPACE, / � �I - - - -- ' a � lllL ✓.j J 0 � J'lRlriilil �fAff� f LAKE LNKS TRAIL CORRIDOR �,� 0 L . ' P HAZELWOOD OOD STREET TO o LEGACY PARKWAY) w KENNARD STREET BOX CULVERT UNDERPASS g € NOTES: I - r "J I 4- PARE AND TRAIT. DOROVEMENT9 CONSTRUCTED BY THE CITY WILL ALSO INCLUDE THE N \\ � BLIC PARKYWf� FOLLOWING! �� TRAIL 1. 6' WIDE CONCRETE SIDEWALK ALONG SOUTH SIDE OF COUNTY ROAD D BETWEEN HAZELWOOD STREET AND 90UTHLAWN DRIVE. 2. B' WIDE CONCRETE SIDEWALKS ALONG BOTH SIDES OF KENNARD STREET BETWEEN COUNTY ROAD D AND BEAM AVENUE. 3. 6' WIDE CONCRETE SIDEWALK ALONG THE EAST SIDE OF HAZELWOOD STREET BETWEEN �r'- POND n COUNTY ROAD D AND THE LAKE LINKS TRAIL CORRIDOR. 1'1�_Ob8 4. 6' WIDE CONCRETE SIDEWALK OR 8' WIDE BITUMINOUS TRAIL ALONG THE SOUTH SIDE 1 OF LEGACY PARKWAY BETWEEN KENNARD STREET AND SOUTHLAWN DRIVE. f - 5. 6' WIDE CONCRETE SIDEWALK ALONG THE NORTH SIDE OF LEGACY PARKWAY BETWEEN LEGACY PARKWAY - 1.0 KENNARD STREET AND THE EAST DRIVEWAY TO THE CORPORATE /CO MMER CIAL SITE. WETLAND TRAIL Legacy �Village at Maplewood DEVELOPMENT AGREEMENT EXHIBIT C SEPTEMBER 2003 PARK AND TRAIL IMPROVEMENTS Exhibit D Permitted Encumbrances LARKIN, HOFFMAN, DALY & LINDGREN, LTD. City of Maplewood "[September_, 2003] Pace 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 in 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, LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: 880374.1 CITY OF MAPLEWOOD LEGACY VILLAGE PROJECT DEVELOPMENT AGREEMENT EXHIBIT F ASSESSMENT SCHEDULE SEPTEMBER 2003 N CJ c 0 O x O w PROJECT PHASE COUNTY ROAD D (Heaclamotl St. to TH 61) City Point 02 -07 COUNTY ROAD D (Hazelwood SL to Whits Bear Avenue) City Project 03 -00 KENNARD STREET (Beam Ave, W CR D) City Project 0.3 -04 H ELWOOD STREET (Beam Ave. to CR D) CRY Prole., 01-16 LEGACY PARKWAY (Kennartl 6L to Southlavin Dr.) City Proleol 03-26 TOTALS All ProeR Ptases $2,996,169 $199,000 E1,T)1,030 $]1600 $1,180,920 $6,209,709 Lot 1, BlM1 Rental TO homes West M Kennard) $597.232 $33,600 MK206 $15,520 $236,184 $1,241,]42 Lot 1, Block Rental TO homes - East 0 Kennard) $358 $24160 $212,524 $9.312 $141,710 $745,045 Lot 1, Block Senior ASSisted Living) 0149,308 $9,650 $80,552 $3,880 $59,&413 $310,435 OWUA RetaiVOOmmeloial $119,4413 $l,720 $70.041 $3,104 $4],23] $24$348 OutlW B (Mufti Fara $119,446 .8.720 $70,841 $3.104 $4],23] $248,348 ONIMC Furniture Stare $1]9,1]0 $11,500 $111Q262 $4,656 $]0,&55 $3]2,523 OWU D and ONIOtE Restau2nVCOmmertial $238,893 $15,440 $141882 $5,2-3 $94474 $498,89] OWIotF Parld0 en ace $0 I $0 I $0 $0 SD $0 OutlotG Cor mtelCommerdal $290,616 1 $19.300 $17710.9 5.780 S118,092 $52QW1 OutblH For Sele Tawnlromes $825,]09 $59,830 $549,019 $24,056 $366,005 $1,924]00 Outiotl ParWO n Space ) W $0 $0 $0 $0 $0 9/0/2003 W Exhibit G Trail Easement Legal Description The Trail Easement will generally consist of a 20' wide casement following the proposed alignment of the Lake Links Trail (Sec Exhibit C). The definitive legal description ofthe Trail Eascmcnt shall be finalized following completion of construction of the Trail Improvements. Exhibit H Note No. $2,888,000.00 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY IN AND FOR THE CITY OF MAPLEWOOD TAX ABATEMENT NOTE (LEGACY HOLDINGS LLC— LEGACY VILLAGE PROJECT) The City of Maplewood, Minnesota ( "City "), hereby aelmowledges itself to be indebted and, for value received, hereby promises to pay the amount of $2,888,000.00 ( "Principal Amount ") to Legacy Holdings LLC (the "Master Developer ") but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided and as further provided in that certain Development Agreement, Effective Date of September 8, 2003, as the same may be amended from time to time by and between the City and the Master Developer (the "Development Agreement "). The Principal Amount shall bear no interest during the term of this Note. The Principal Amount shall be repaid to Master Developer by City only pursuant to the provisions of Section 6.2(e), (f) and (h) of the Development Agreement. This Note is a special and limited obligation of the City and not a general obligation of the City and City will have no obligation to make payments due under this Note except as provided in Section 6.2 of the Development Agreement to the extent of available proceeds of the Tax Abatement Bonds as defined in the Development Agreement. This Note shall terminate and be of no further force and effect upon the occurrence of: (a) Payment in full of the Principal Amount by the City to Master Developer; (b) An Event of Default under the Development Agreement occurs and City provides Master Developer with a notice stating that an Event of Default under the Development Agreement has occurred and such Event of Default has not been cured pursuant to the terms of the Development Agreement. (c) Any Principal Amount remains unpaid as of September 8, 2013. City Council 09 -08 -03 32 This Note is issued by the City in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Abatement Act. Any notice required to be given under the terms of this Note must be in writing and is effective two (2) business days after it is sent via registered or certified mail, postage pre -paid, return receipt requested or one (1) business day after it is sent via overnight delivery service and in the case of the Master Developer, is addressed to Master Developer at: Legacy Holdings LLC CO The Hartford Group 12100 Singlctrcc Lanc, Suitc 112 Edcn Prairic, Minncsota 55344 -7933 Attcntion: Presidcnt and in the case of the City, is addressed to the City at: City ofMaplcwood, Minncsota 1830 East County Road B Maplcwood, Minncsota 55109 -2797 Attention: City Manager This Note may be assigned only with the consent of the City. In order to assign the Note, the assignee shall surrender the same to the City either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the City. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. No amendment hereunder shall be effective unless in writing signed by the City and the Master Developer, and no waiver hereunder shall be effective unless in writing signed by the party to be charged. Neither the failure on the part of the Master Developer in exercising any right or remedy, nor any single or partial exercise of any other right or remedy, shall operate as a waiver. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, City of Maplewood, Minnesota, by its City Council, has caused this Note to be executed by the manual signatures of its Mayor and City Manager and has caused this Note to be dated as of 1 2003. City Managcr Mayor CERTIFICATION OF REGISTRATION City Council 09 -08 -03 33 It is hereby certified that the foregoing Note was registered in the name of Legacy Holdings LLC, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF REGISTERED OWNER Legacy Holdings LLC CIO The Hartford Group 12100 Singlctrcc Lanc, Suitc 112 Edcn Prairic, Minncsota 55344 -7933 DATE OF SIGNATURE OF CITY REGISTRATION MANAGER Seconded by Councilmember Juenemann Ayes -All 1(2). AWARD OF BIDS (Item out of order due to Public Hearing time schedule) 2. Award of Contract for Phase I Development of Afton Heights Park a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Koppen moved to allocate $800,000 to phase one of the Afton Heights Park Project. Seconded by Councilmember Collins Ayes -All Councilmember Koppen moved to 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 includine comDletion of the chain link fencing, five pedestrian benches, and ag fime 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 contineencv_ Dlaveround eauiDment which will be awarded under separate contract. and engineering /design fees Seconded by Councilmember Collins Ayes -All K(1). NEW BUSINESS Atlantic Street Water Main, Project 03 -16: Resolution Approving Plans and Soliciting Quotes a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution for the Atlantic Street Water Main, City Project 03 -16: Approving Plans and Soliciting Quotes: City Council 09 -08 -03 34 RESOLUTION 03 -09 -171 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 cleric. 2. The city engineer is directed to solicit quotes from at least three contractors for the improvements. 3. The council will consider the quotes, and the award of a contract, at the regular city council meeting of September 22, 2003. Seconded by Councilmember Koppen Ayes -All M. COUNCIL PRESENTATIONS Fall Clean -Up Date: Mayor Cardinal announced there will be a city fall clean up on October 11 from 8:00 a.m. to 12:00 p.m. at Gethsemane Park Fees will range from $10.00 to $25.00. 2. Primary Election: City Cleric Guilfoile reminded residents of the Primary Election for two Councilmember positions September 9, 7:00 a.m. to 8:00 p.m. 3. School Board Filing Dates: Mayor Cardinal announced the School Board filing deadline of September 9 "', 2003 N. ADMINISTRATIVE PRESENTATIONS Canvass of Primary Election- Wednesday, September 10, 2003, 4:45 p.m. Council Chambers 2. Volunteer Picnic-Wednesday, September 10, 2003, Battle Creels Park, 5:30 p.m. to 8:30 p.m. H. PUBLIC HEARINGS (Continued) (Item out of order due to Public Hearing time schedule) 2. 8:15 p.m. Kennard Street Improvements, Project 03 -04: a. Assessment Hearing b. Resolution Adopting Assessment and Ordering Project to Construction a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. City Council 09 -08 -03 35 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 Koppen moved to adopt the following resolution adopting assessment and ordering project to construction for Kennard Street Improvements, Project 03 -04: RESOLUTION 03 -09 -0172 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. 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 cleric, 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 City Council 09 -08 -03 36 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 fists 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. Seconded by Councilmember Juenemann Ayes -All L. VISITOR PRESENTATIONS None A hreak was taken until 8:30. H. PUBLIC HEARINGS (Continued) (Item out of order due to Public Hearing time schedule) 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 02- 08 a. Public Hearing b. Resolution Authorizing Preparation of Plans and Specifications and Acquisition of Right of Way a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. C. Karl Keel, consultant for the project, provided further specifics. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: George Supan, 3050 Hazelwood Avenue North, Maplewood George Rossbach, 1406 County Road C, Maplewood Gerald Peterson, 3061 Hazelwood Avenue, Maplewood Part Goff, 865 Aspen Circle, Little Canada e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution authorizing the preparation of plans and specifications and acquisition of rieht of wav for the Countv 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 estabfishine a Droject budeet of $8,033,600: RESOLUTION 03 -09 -173 City Council 09 -08 -03 37 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 0 1 -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; Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Koppen Nays- Councilmember Wasiluk 4. 8:57 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 a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. C. John Hom, Hom and Associates, provided further specifics. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The City Council 09 -08 -03 38 following person was heard: None e. Mayor Cardinal closed the public hearing. RESOLUTION 03 -09 -174 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 malting of said improvement. 4. The city engineer is authorized to acquire the necessary right of way and easements for the malting 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 City Council 09 -08 -03 39 Councilmember Koppen moved to establish a project budget of $1,352,850 for Legacy Parkway Improvements (Kennard to Southlawn), City Project 03 -26. Seconded by Councilmember Juenemann I. AWARD OF BIDS Ayes -Mayor Cardinal, Councilmembers Collins, Juenemann and Koppen Nays- Councilmember Wasiluk Kennard Street Improvements, Project 03 -04: Kennard Street Improvements, Project 03- 04: Resolution for Award of Bids a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution awarding a construction contract in the amount of $878,178.63 is hereby awarded to Forest Lake contracting, and the mayor and city manager are hereby authorized to execute said construction contract: RESOLUTION 03 -09 -175 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 Base 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 $1,147,839.69 $78,339.68 • Palda& Sons, Inc. $1,156,524.73 $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 City Council 09 -08 -03 40 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 MAPLEWOOD, 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. Seconded by Councilmember Collins Ayes -All Councilmember Juenemann moved to approve the right of entry preement on the Hajicek property. Seconded by Councilmember Collins Ayes -All J. UNFINISHED BUSINESS None O. ADJOURNMENT Councilmember Wasiluk moved to adjourn the meeting at 9:10 p.m. Seconded by Councilmember Koppen Ayes - All City Council 09 -08 -03 41 Agenda Item D3 MINUTES MAPLEWOOD CITY COUNCIL SPECIAL MEETING 4:45 P.M. Wednesday, September 10, 2003 Council Chambers, Municipal Building Meeting No. 03 -22 A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Kenneth V. Collins, Councilmember Kathleen Juenemann, Councilmember Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Others Present: C. 113 City Manager Fursman Assistant City Manager Coleman City Clerk Guilfoile APPROVAL OF AGENDA Present Present Present Present Present Councilmember Koppen moved to approve the agenda as submitted. Seconded by Councilmember Wasiluk Ayes -All NEW BUSINESS Canvass of 2003 Primary Election a. City Clerk Guilfoile presented the report. Councilmember Collins moved to approve the following resolution declaring the 2003 primary election results: Spccial Mccting 09 -10 -03 RESOLUTION 03 -9 -177 CANVASS OF ELECTION RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on September 10, 2003, hereby declares the following results in the September 9, 2003 City Primary Election: COUNCIL MEMBER Will Rossbach 681 Diana Longrie -Kline 525 Jackie Monahan -Junk 502 Dick Seppala 481 Bob Zick 481 Kenneth V. Collins 374 Fran Grant 74 Only four candidates will be on the November 4, 2003 general ballot. The fourth candidate will be determined by a flip of the coin by a selected member of the canvassing board. Council Mayor Collins moved to adopt the vote count and totals as read by the city clerk. Seconded by Mayor Cardinal Ayes -All Prior to the meeting City Manager Fursman and City Clerk Guilfoile met with both candidates and the candidates determined Robert Zick would be represented by heads (Susan B. Anthony) and Dick Sepalla would be represented by tails (eagle). City Clerk Guilfoile tossed the coin with candidate Bob Zick prevailing. Councilmember Koppen moved to approve candidate Bob Zick as the fourth candidate on the eg neral election ballot. Seconded by Councilmember Wasiluk Ayes -All E. ADJOURNMENT Councilmember Wasiluk moved to adjourn at 5:12 p.m. Seconded by Councilmember Juenemann Ayes -All Spccial Mccting 09 -10 -03 Agenda # F1 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Planning Commission Resignation DATE: September 3, 2003 INTRODUCTION Matt Ledvina has resigned from the planning commission. I have attached his letter of resignation and a resolution of appreciation for him. COMMISION ACTION On August 4, 2003, the planning commission recommended approval of the proposed resolution. RECOMMENDATION Approve the attached resolution of appreciation. Kr /p: m iscel I /peresig.doc Attachments: 1. July 21, 2003 letter 2. Resolution 07/21/2003 MON 11:43 FAX 612 347 6780 Nat.Res.Grp. /Env.Res.Grp July 21, 2003 Honorable Robert Cardinal Mayor City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mayor Cardinal: 4002/002 Attachment 1 JUL 2 12003 RECEIVED This letter serves as my formal resignation from the Maplewood Planning Commission. The time demands of two volunteer positions with the City of Maplewood, combined with my current job workload, necessitate some hard choices for me and my family. I have enjoyed my nearly six years of involvement on the Planning Commission. I feel privileged to have worked with a very dedicated group of fellow Commissioners who strive to recommend the best options for the sustainability of our community. The planning staff is to be commended for the very complete and comprehensive staff reports and for the hard work done behind the scenes to prepare project applications for the Commission's consideration. They exhibit great skill, experience and patience in presenting planning matters before the Commission and public. I wish my fellow Planning Commission members the best in working to serve the present and future citizens of Maplewood. Cc: Lorraine Fischer, Planning Commission Chair Attachment 2 JOINT RESOLUTION OF APPRECIATION WHEREAS, Matthew Ledvina has been a member of the Maplewood Planning Commission since December 8, 1997 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort far the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Matthew Ledvina is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Passed by the Maplewood City Council on Robert Cardinal, Mayor Passed by the Maplewood Planning Commission on August 4, 2003 Lorraine Fischer, Chairperson Attest: Karen Guifoile, City Clerk MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 4, 2003 VI. NEW BUSINESS a. Resolution of Appreciation — Matt Ledvina Commissioner Trippler moved approval of the resolution of appreciation of Matt Ledvina. Commissioner Pearson seconded. Ayes — Desai, Dierich, Fischer, Monahan - Junek, Mueller, Pearson, Trippler The motion passed. This will go to the city council on August 25, 2003. AGENDA ITEM F -2 AGENDA REPORT TO: Mayor and City Council FROM: Richard Fursman, City Manager RE: Proclamation — Good Neighbor Day DATE: September 15, 2003 Introduction National Good Neighbor Day began in 1971 with Congressional correspondence to The Honorable Mike Mansfield. Three United States Presidents have proclaimed it: President Carter, Ford and Nixon. The Good Neighbor Foundation is a non - profit, non - sectarian, and non - political, was formed to ensure the continuity and visibility of National Good Neighbor Day. National Good Neighbor Day is dedicated to getting to know our neighbors and doing something nice for them. A strong focus is made on teaching children to be good neighbors. This Foundation is dedicated to getting a proclamation that will designate September 28, 2003 as Good Neighbor Day. Recommendation It is recommended that the City Council approve the attached proclamation and declare Sunday, September 28, 2003 as Good Neighbor Day in the City of Maplewood. Whereas, our city struggles to huild friendship among neighbors, we are mindful that the noblest human concern is concern for others. Whereas, we cannot expect to have good neighbors unless we are ready to he good neighbors, to extend our friendship and support to those who live near us. Whereas, each of us has the responsibility to do all we can to revive and strengthen the place of neighborliness in our daily lives and in our communities. Whereas, National Good Neighbor Day is dedicated to getting to know our neighbors and doing something nice for them. Whereas, National Good Neighbor Day encourages us he patient, courteous and helpful, creating a happy atmosphere and a peaceful life. NOW, THEREFORE, I, Mayor Bob Cardinal, do hereby proclaim Sunday, September 28, 2003, as "Good Neighbor Day" in the City of Maplewood, Minnesota, and urge my fellow citizens to observe this day by connecting with friends, fellow employees and relatives, and with religious, school and civic groups to engage in activities that will remind, encourage and help us to he a good neighbor. Mayor Bob Cardinal Date City of Maplewood, Minnesota AGENDA NO. Gl AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: September 16, 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 $9,337.64 Checks #61767 thru #61768 dated 9/4/03 $859,922.14 Checks #61769 thru #61818 dated 9/9/03 $242,895.72 Disbursements via debits to checking account dated 8/29 thru 9/4/03 $1,986.68 Checks #61819 dated 9/9/03 $228,204.81 Checks #61820 thru #61884 dated 9/15 thru 9/16/03 $128,516.34 Disbursements via debits to checking account dated 9/5 thru 9/11/03 $1,470,863.33 Total Accounts Payable PAYROLL $406,122.29 Payroll Checks and Direct Deposits dated 9/12/03 $5,830.76 Payroll Deduction checks #94872 thru #94878 dated 9/12/03 $411,953.05 Total Payroll $1,882,816.38 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 P. WMANCE\WGRDUGMApMR 0915 I&C vchlist Check Register Page: 1 09/05/2003 - 10:54:25AM City of Maplewood Check Date Vendor Description /Account Amount 61767 9/4/2003 02621 SUTLER'S INC TASTING EVENT 9/4 1,470.00 61768 914/2003 02872 METLIFE SBC MONTHLY PREMIUM 7,867.64 61769 9/9/2003 00040 ACTIVE COMMUNICATIONS INC VOICEMAIL SERVICE -3RD QTR 19.11 61770 9/9/2003 00064 ALDRIDGE, MARK REIMS FOR TUITION - SUMMER 2003 687.75 61771 9/9/2003 02864 ANDERS INVESTMENTS INC REF GRADING ESC - 2712 SNOWDRIFT ( 1,052.47 61772 9/9/2003 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 8112 - 22 961.13 PATROL & BOARDING FEES 8121 - 30 1,727,22 61773 91912003 00210 BRAUER & ASSOCIATES, LTD JOY PARK PLANNING 1,979.50 AFTON HTS PARK PLANNING & DEV 9,909,82 61774 9/9/2003 00211 BRAUN INTERTEC CORP. PROJ 02 -10 PROF SRVS 6114 - 7111 3,414.00 61775 9/9/2003 02865 CENTEX HOMES REF GRADING ESC - 702 MAPLE HILLS C 5,109.86 61776 9/912003 00494 FAMILY SERVICE INC YTH DIVERSION FROG -4TH QTR 9,971.00 61777 9/9/2003 02873 GARDEN & ASSOCIATES INC INTERPRETIVE SRV FOR ARSON INV 70.00 61778 9/9/2003 00596 GREATLAND HOMES CORP REF GRADING ESC - 2323 MAI DA CT E 1,136.71 REF GRADING ESC -2372 MAMIE AVE E 1,071.51 61779 9/9/2003 02866 GREEN, RON TOP SOIL 288.00 61780 919/2003 02547 HARTLAND FUEL PRODUCTS LLC INC UNLEADED MID -GRADE (89 OCTANE) G 9,317.00 61781 9/9/2003 00687 HUGO'S TREE CARE GRIND STUMPS 79.88 PROJ 02 -10 HAUL LOGS & BRUSH 225.00 61782 9/9/2003 00748 JAGOE, CAROL REIMB FOR LUNCH & MILEAGE - 8/27 10.78 61783 9/9/2003 02830 JAROSCH, JON REIMB FOR CELL PHONE JUN - AUG 75.00 61784 9/9/2003 00796 KEY -LAND HOMES REF LANDSCAPE ESC - 3043 CAREY HT 1,000.00 61785 9/9/2003 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 03 -09 PROF SRVS THRU 7/31 5,021.80 PROJ 02 -21 PROF SRVS THRU 6/30 5,673.28 PROJ 02 -14 PROF SRVS THRU 7/31 10,506.66 PROJ 02 -18 & 2 -21 PROF SRVS THRU 7 7,129.24 PROJ 02 -07 & 02 -08 PROF SRVS THRU 7 2,558.37 PROJ 02 -21 PROF SRVS THRU 7/31 36,213.18 PROJ 03-26 PROF SRVS THRU 7/31 11,285.86 61786 9/9/2003 00857 LEAGUE OF MINNESOTA CITIES CONFERENCE REGISTRATION 30.00 61787 9/9/2003 00881 LUKIN, STEVE REIMB FOR TRAINING 6/5 44.73 61788 9/9/2003 00986 METROPOLITAN COUNCIL MONTHLY SAC - AUG 16,409.25 61769 9/9/2003 01079 MN CHIEFS OF POLICE ASSN CLEO & COMMAND ACADEMY - OCT 03 325.00 INTERNAL AFFAIRS HANDLING COURS 55.00 61790 9/9/2003 02874 MN STATE BAR ASSN CRIMINAL JUSTICE INSTITUTE 215.00 61791 9/9/2003 01028 MN STATE TREASURER STAX MONTHLY SURTAX -AUG 2,525.94 61792 91912003 02836 MURRA, AARON REIMB MILEAGE & VEH ALL 8/25- 8/29 63.43 61793 9/9/2003 01156 NELSON, JEAN REIMB MILEAGE 711 - 8/29 90.44 61794 9/9/2003 02867 NISKA, DOUG TENNIS INSTRUCTOR 210.00 61795 9/9/2003 01213 OLSON, JULIE REIMB FOR TESTING FEES - 7129 & 8/20 79,79 61796 9/9/2003 00001 ONE TIME VENDOR REIMB E HENRY -PROJ 02 -10 DRIVEWAY 1,462.86 61797 9/9/2003 00001 ONE TIME VENDOR REF BEATRICE HECHT- AMB 03007870 891.41 61798 9/912003 00001 ONE TIME VENDOR REF DENNIS GRIFFIN - MCC PROGRAM 140.00 61799 9/9/2003 00001 ONE TIME VENDOR REF KATHLEEN PRESKA - MCC PROGW 50.00 61800 9/9/2003 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING - JUN 17,866.12 61801 9/9/2003 02868 PUTTER THERE COMO PARK MINI GOLF EVENT 189.00 61802 9/9/2003 01360 REINHART FOODSERVICE JANITORIAL SUPPLIES 500.42 61803 9/9/2003 01387 ROSSINI, DR. JAMES FITNESS PROGRAM -AUG 100.00 61804 919/2003 02869 RUDY W ICKLANDER HOMES INC REF GRADING ESC - 2564 HALLER LN E 3,121.92 61805 919/2003 01409 S.E.H. PROJ 02 -22 PROF SRVS - JUN 5,900.30 PROJ 02 -18 & 02 -07 PROF SRVS - JUN 1,139.96 PROJ 01 -14 PROF SRVS - JUN 2,122.83 PROJ 03 -04 PROF SRVS - JUN 24,106.04 PROJ 01 -14 PROF SRVS - JUN 2,960.47 vchlist 09/05/2003 10:54:25AM Check Register City of Maplewood Page: 2 Check Date Vendor Description /Account Amount 61805 9/912003 01409 S.E.H. (Continued) PROJ 03-03 PROF SRVS - JUN 281.17 61806 9/9/2003 02870 SEMLER CONSTRUCTION INC REF GRADING ESC - 2464 MARYLAND A 1,027.26 REF GRADING ESC - 2474 MARYLAND A 1,021.37 REF GRADING ESC - 2480 MARYLAND A 1,021.37 REF GRADING ESC - 2484 MARYLAND A 500.00 REF GRADING ESC - 2490 MARYLAND 500.00 61807 9/9/2003 02229 SNELL MECHANICAL INC REPLACE AIR DIFFUSERS & BALANCE 7,097.00 61808 9/9/2003 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 584.96 CRIME LAB SRVS - JUL 145.00 MEDICAL SUPPLIES 790.84 61809 9/912003 01546 SUBURBAN SPORTSWEAR LLC SOCCER T- SHIRTS 1,186.60 61810 9/9/2003 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 4,335.20 61811 919/2003 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -10 KENNARD /FROST THRU 81 626,272.97 61812 9/9/2003 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 1,293.26 61813 9/9/2003 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 01 -16 PROF SRVS THRU 6/28 2,806.58 PROJ 01 -29 PROF SRVS THRU 6/28 402.13 61814 9/912003 01704 URBANSKI, HOLLY REPLENISH PETTY CASH 161.74 61815 919/2003 02464 US BANK PAYING AGENT 211 - 7131 201.25 61816 9/9/2003 01734 WALSH, WILLIAM P. COMM PLUMBING INSPECTIONS 1,790.00 61817 9/9/2003 02225 WILLENBRING CO INC REF GRADING ESC - 2455 CARVER AVE 1,136.44 61818 9/9/2003 02871 WOODBURY ATHLETIC ASSN YTH BB - GYM RENTAL 272.96 52 Checks in this report Total checks : 869,259.78 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 08/28/03 08/29/03 08/28/03 08/28/03 08/29/03 08/29/03 08/29/03 08/29/03 08/29/03 08/29/03 08/29/03 09/02/03 09/03/03 08/29/03 08/29/03 08/29/03 08/29/03 08/29/03 09/02/03 09/02/03 09/02/03 09/02/03 09/02/03 09/02/03 09/03/03 09/04/03 MN State Treasurer ICMA (Vantagepointe) DCRP /Flex account MN Dept of Natural Resources Orchard Trust MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer Federal Reserve Bank Pitney Bowes MN State Treasurer MN State Treasurer TOTAL Description Drivers License /Deputy Registrar Deferred Compensation DCRP & Flex plan payments DNR electronic licenses Deferred Compensation Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. State Payroll Tax Savings Bonds Postage Drivers License /Deputy Registrar Drivers License /Deputy Registrar Amount 10,977.50 6,693.08 1,234.01 413.50 19,454.00 12,351.67 89,683.89 46,915.43 17,782.79 300.00 2,999.35 15,860.44 18,230.06 242,895.72 Ll vchlist Check Register Page: 1 09/1512003 12:51:40PM City of Maplewood Check Date Vendor 61819 95/2003 02627 61820 9/16/2003 00049 61821 9/16/2003 00064 61822 9/16/2003 00210 61823 9/16/2003 02813 61824 9/1612003 02875 61825 9/16/2003 00240 61826 9/16/2003 00262 61827 9/16/2003 00280 61828 9/16/2003 00384 61829 9/16/2003 00358 INDEPENDENT REALTY INC ADT SECURITY SERVICES ALDRIDGE, MARK BRAUER & ASSOCIATES, LTD BROADGUN SOFTWARE PLY LTD CSS C.S.C. CREDIT SERVICES CARLE, JEANETTE CENTRALSTORES DE LAGE LANDEN FINANCIAL SRVS DGM INC. 61830 9/16/2003 02743 61831 9/16/2003 02876 61832 9116/2003 02635 61833 9/16/2003 02798 61834 9/16/2003 00721 61835 9/16/2003 00771 61836 9/16/2003 01894 DOBLAR, RICHARD FANG, PA HER G -WHIZ LETTERING GALBRAITH, CHRISOPHTER INDEPENDENT SPORTS NETWORK JOHNSON, RICK KELLY & FAWCETT PA 61837 9/16/2003 02877 LA METTRY'S COLLISION 61838 9116/2003 00856 61839 9/16/2003 02878 61840 9/15/2003 02208 61841 9/16/2003 00984 61842 9/16/2003 00997 61 B43 9/16/2003 01076 61844 9/1612003 01051 61845 9/16/2003 01088 LE, SHERRIE L MARCOM SERVICES INC MEBB METROPOLITAN 911 BOARD MIDWEST CHILDREN'S RESOURCE CT MN APA MN OCCUPATIONAL HEALTH MN POLLUTION CONTROL AGENCY 61846 9/15/2003 01060 MN STATE FIRE CHIEFS ASSOC 61847 9/16/2003 01382 MUELLER, RON 61848 9116/2003 01120 MUSKA LIGHTING CENTER 61849 9/16/2003 01173 NORTH METRO AUTOMOTIVE 61850 9/16/2003 02125 NORTHLAND BUSINESS SYSTEMS 61851 9/16/2003 02629 NOVACARE CBO 61852 9/16/2003 01215 OLSON, SANDRA K 61853 9116/2003 00001 ONE TIME VENDOR 61854 9/16/2003 00001 ONE TIME VENDOR 61855 9/16/2003 00001 ONE TIME VENDOR 61856 9/16/2003 00001 ONE TIME VENDOR 61857 9/16/2003 00001 ONE TIME VENDOR 61858 9/16/2003 00001 ONE TIME VENDOR 61859 9/16/2003 00001 ONE TIME VENDOR Description /Account REFUND PROJ 00-12 IND EST ESCROW ANNUAL SRV CHARGE SEC SYS REIMB TUITION - 2002 SUMMER JOY PARK PLANNING SRV AFTON HTS PARK PLNG & DEV PDF /MACHINES LICENSES PLANIX BATTERY APPLICANT BACKGROUND CHECK REIMB FOR LUNCH & MILEAGE 613 - 8/2 TAPE COPIER COSTS TOW FORFEITURE TOW FORFEITURE TOW SQUAD TOW SQUAD TOW FORFEITURE TOW STOLEN VEHICLE TOW FORFEITURE REIMS FOR TUITION 7/24 - 8/21 PROJ 03 -23 RELEASE UNUSED ESCRO EMBROIDER LOGO ON SHIRTS SOCCER CLINIC INSTRUCTOR SOFTBALL UMPIRING SRV 8/12 - 9/4 DEER REMOVAL LEGAL SERVICES - AUG PROSECUTION SERVICES -AUG REPAIR SQUAD REPAIR SQUAD REIMB FOR EXPENSES 7130 - 8128 PERMITS & SCORE CARDS 2003 EDUC SEMINAR NEBB - 2 COURSE REGISTRATION - 2 INV VIDEO TAPE CONFERENCE REGISTRATION PRE - EMPLOYMENT PHYSICAL - FF STERLING ST & UPPER AFTON NPDES CONSTRUCTION PRMT ANNUAL CONF REGISTRATION - 7 PAINT RECEPTION AREA & HALLWAY WALLPACK WITH PHOTOCELL TRUCK REPAIR VOICE LOGGER MAI NT CONT 9/03 -9/04 REPAIR DVD REPAIR ARCHIEVER PRE - EMPLOYMENT PHYSICALS - FF REIMS FOR LUNCH & MILEAGE 6/16 - 7 REIMB FOR MILEAGE 7120 - 29 REIMB CARL RANUM - DRIVEWAY REIMB JUDITH TRIPLETT - DRIVEWAY REIMB HOFFMANN - DAMAGED SPRKLR REF JERRYBROWN - TOURNAMENT REF KATHLEEN WEBBER - MEMBERSHI REIMB HASSE - CRAB GRASS MATERIA REF JEAN ANDERSON - MCC PROGRAM Amount 1,986.68 6,302.25 607.50 6,772.88 43,812.58 625.00 55.43 50.00 20.27 5.17 326.54 122.48 79.88 53.25 53.25 79.88 170.85 79.88 382.50 2,200.41 110.50 500.00 3,762.00 400.00 19,417.90 9,825.00 5,710.20 7,264.64 303.88 387.34 170.00 90.00 20.00 215.00 249.00 400.00 240.00 945.00 1,295.00 2,483.79 342.80 3,970.96 360.00 180.00 75.00 23.89 3.65 748.44 497.37 201.10 130.00 86.00 73.75 50.00 vchlist Check Register Page: 2 09/15/2003 12:51:40PM City of Maplewood Check Date Vendor Description /Account Amount 61860 9116/2003 00001 ONE TIME VENDOR REF SHIRLEY PIEKARSKI - MCC PROG 45.00 61861 911612003 00001 ONE TIME VENDOR REF KRISTEN SCHOLL - MCC PROGRA 35.00 61862 9116/2003 00001 ONE TIME VENDOR REF LORI SCHUNA - MCC PROGRAMS 15.00 61863 9/16/2003 01270 PITNEY BOWES INC DM800 DIGITAL MAILING SYSTEM 15,264.65 61864 9/16/2003 00396 PUBLIC SAFETY, DEPT OF DEATH INVESTIGATION TRNG 100.00 61865 9/16/2003 02249 OWEST GOVERNMENT SRVS INC MAINTENANCE CONTRACT -AUG 587.00 61866 9/16/2003 01345 RAMSEY COUNTY TREES 1,171.50 61867 9/16/2003 01359 REGAL AUTO WASH DETAIL XX CAR WASHES 222,28 61868 9/1612003 01340 REGIONS HOSPITAL PARAMEDIC SUPPLIES 818.33 61869 9/16/2003 01455 SHORTREED, MICHAEL REIMB FOR TUITION - SUMMER 611.14 61870 9/16/2003 01466 SKYHAWKS SPORTS ACADEMY ROLLER HOCKEY SPORTS CLINIC 910.80 SPORTS CLINIC 1,656.00 61871 9/16/2003 01556 SPEEDWAY SUPERAMERICA LLC FUEL 174.51 61872 9/16/2003 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 541.86 61873 9/15/2003 01526 STATE TREASURER FALL BLDG SEMINAR - 4 140.00 61874 9/16/2003 01574 T.A. SCHIFSKY & SONS, INC PROJ 03 -02 RESURFACING 10,333.01 61875 9116/2003 01574 T.A. SCHIFSKY & SONS, INC CEMENT ROCK 1,680.04 61876 9/16/2003 01578 T.R.F. SUPPLY CO. TOWELS 472.86 MAINTENANCE SUPPLIES 563.70 CLEANER 168,27 61877 9/16/2003 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 01 -29 LANDSCAPE DESIGN 217.68 61878 9/16/2003 01580 TSE, INC. GROUNDSKEEPING 7/24 -8/20 1,658.63 BUCKTHORN REMOVAL 7/24 - 8120 1,299.73 61879 9/16/2003 01669 TWIN CITIES TRANSPORT & TOW STOLEN VEHICLE 95.85 TOW VEHICLE 79,88 TOW STOLEN VEHICLE 106.50 TOW STOLEN VEHICLE 106.50 TOW VEHICLE 106.50 61880 9/16/2003 02770 UNISTAR - SPARCO COMPUTERS INC RICOH IS450DE SCANNER W/DUPLEXER 4,291.13 61881 9/16/2003 02350 VASKO ROLL -OFF SERVICE DUMPSTER 6/12 390.00 DUMPSTER 6110 390.00 61882 9/1612003 01734 WALSH, WILLIAM P. COMM PLBG INSPECTIONS 90.00 61883 9/16/2003 02879 WASHINGTON COUNTY RECORDING NOTARY COMMISSION 100.00 61884 911512003 01190 XCEL ENERGY MONTHLY UTIL - STMT DATE 9/4/03 61,429.25 66Checks in this report Total checks : 230,191.49 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee Description Amount 09/04/03 09/05/03 MN State Treasurer Drivers License /Deputy Registrar 15,586.69 08/29/03 09/05/03 WI Dept of Revenue State Payroll Tax 2,390.85 09/05/03 09/08/03 MN State Treasurer Drivers License /Deputy Registrar 13,977.00 09/07/03 09/08103 MN Dept of Natural Resources DNR electronic licenses 496.50 09/08/03 09/09/03 MN State Treasurer Drivers License/Deputy Registrar 16,170.16 09/09/03 09/10/03 MN State Treasurer Drivers License /Deputy Registrar 16,100.10 09/04/03 09/10/03 DCRP /Flex account DCRP & Flex plan payments 1,239.80 09/10/03 09/11/03 MN State Treasurer Drivers License /Deputy Registrar 22,216.22 09/05/03 09/11/03 Elan Financial Services* Purchasing card items 40,339.02 TOTAL 128,516.34 *Detailed listings of Elan purchasing card items are attached 7 Transaction Review 9/5/2003 For Transactions posted between 08/242003 to 08/30/2003 Post Date Vendor Name Settle Amt Cardholder Name 08/28/2003 RANDOLPH ROSE CLLCTN 1,495.00 BRUCE K ANDERSON 08/29/2003 RADISSON HOTELS 73.08 BRUCE K ANDERSON 08/29/2003 UNIFORMS UNLIMITED INC 68.95 SCOTT A ANDREWS 08/252003 CUB FOODS, INC. 2.00 MANDY ANZALDI 08/252003 KMART 00071068 5.98 MANDY ANZALDI 08 /29 /2003 ARCH 601.95 JOHN BANICK 08 /29/2003 AIRGAS NORTH CENTRAL 302 741.59 JOHN BANICK 08/25/2003 AQUA LOGIC INC 1,406.80 JIM BEHAN 08/27/2003 SUBURBAN ACE HARDWARE 94.42 JIM BEHAN 08/29/2003 SHERWIN WILLIAMS #3127 109.09 JIM BEHAN 08/29/2003 TARGET 00011858 6.38 JIM BEHAN 08 /28 /2003 UNIFORMS UNLIMITED INC 10.65 BRIAN L BIERDEMAN 08/29 12003 MINUTEMAN PRESS 500.74 OAKLEY BIESANZ 08262003 VERIZONWIRELESSWR 115.25 CHRISTOPHER CAVETT 08/25/2003 MICHAELS 49841 8.90 LINDA CROSSON 0825/2003 S & T OFFICE PRODUCTS 135.92 ROBERTA DARST 0826/2003 S & T OFFICE PRODUCTS 96.60 TOM EASTMAN 08/26/2003 S & T OFFICE PRODUCTS 123.16 TOM EASTMAN 08/28/2003 TIME WARNER CABLE R 15 109.79 TOM EASTMAN 08/282003 THOMAS PLUMMER COMPANY 44.95 TOM EASTMAN 08252003 UNIFORMS UNLIMITED INC 55.81 VIRGINIA A ERICKSON 0826/2003 VERIZONWIRELESSWR 71.36 DANIEL F FAUST 0825/2003 BEST BUY 00000109 31.94 MYCHAL FOWLDS 08/28/2003 WWW.BMTMICRO- INFO.COM 39.00 MYCHAL FOWLDS 08/25/2003 DONSON SUPPLY 420.48 PATRICIA FRY 08/26/2003 TARGET 00007518 12.76 PATRICIA FRY 08/282003 KINKO'S #0617 16.19 VIRGINIA GAYNOR 08/25 /2003 BARNES & NOBLE #2518 86.52 JANET M GREW HAYMAN 0829/2003 THE HOME DEPOT 2801 37.25 MARK HAAG 0825/2003 EMERGENCY MEDICALOI OF 01 13.46 JODI HALWEG 08/25/2003 CHECKER #180200018028 9.62 MICHAEL HEMQUIST 08/25/2003 THE UPS STORE #2171 17.50 HEIDI HERSOM 08/252003 S & T OFFICE PRODUCTS 8107 HEIDI HERSOM 08/272003 S & T OFFICE PRODUCTS 96.92 HEIDI HERSOM 0829 /2003 MSP COMMUNICATIONS 250.00 HEIDI HERSOM 0829/2003 MSP COMMUNICATIONS 500.00 HEIDI HERSOM 0825/2003 AMERICAN IRRIGATION 5.75 GARY HINNENKAMP 08/29/2003 SUN TURF 905.25 GARY HWNENKAMP 0829/2003 TARGET 00000687 11.76 RON HORWATH 08/282003 DEGE GARDEN CENTER 11.69 ANN E HUTCHINSON 08262003 VERIZONWIRELESSWR 44.94 MICHAEL KANE 0827 /2003 UNIFORMS UNLIMITED INC 41.50 BRETT M KROLL 0825 /2003 INTOXIMETERS, INC. 228.45 DAVID KVAM 08125/2003 BESTWESTERN EDGEWEAST 33 192.10 SHERYL L LE 08/25/2003 OFFICE MAX 00005272 6.37 MICHAEL LIDBERG 08/252003 HEJNY RENTALS INC 317.58 DENNIS LINDORFF 08/252003 EXXONMOBIL26 09909706 767.59 STEVE LUKIN 08/25/2003 EAT INC 132.00 STEVE LUKIN 0826/2003 VERIZONWIRELESSWR 90.84 STEVE LUKIN 08/27/2003 MENARDS MAPLEWOOD 26.58 STEVE LUKIN 08/2912003 CLN'I URY BOOKS 'I'ORE 152.40 ST'E'VE LUKIN 08272003 KATH AUTO PARTS 41.97 GORDON MALLORY 0829/2003 KATH AUTO PARTS •1891 GORDON MALLORY 0826/2003 VERIZONWIRELESSWR 23.11 MARK MARUSKA 0827/2003 ON SITE SANITATION, IN 260.24 MARK MARUSKA 08127/2003 SUN TURF 510.93 MARK MARUSKA 0828/2003 SUN TURF 724.20 MARK MARUSKA 08/28/2003 SUN TURF 724.20 MARK MARUSKA 08/29/2003 AMERICAN IRRIGATION 868.40 MARK MARUSKA 11 08/25/2003 HRC- DALLAS 10011021 56.80 JON A MELANDER 08/25/2003 WYNDHAM HOTELS F/B 10.77 JON A MELANDER 08/25/200) WYNDHAM HOTELS F/B 8.66 JON A MELANDER 08/26/2003 THE WESTIN CITY CENTER 747.50 JON A MELANDER 08126/2003 VERIZONWIRELESSWR 60.79 ED NADEAU 08/28/2003 TRUGREEN-CHEMLAWN 4635 99.05 ED NADEAU 082912003 TRUGREEN - CHEMLAWN 4635 99.05 ED NADEAU 08/28/2003 DEMCO INC 65.41 JEAN NELSON 08126/2003 VERIZONWIRELESSWR 28.40 ERICK OSWALD 08/28/2003 MID - AMERICA BUS SYS/EQ. 193.76 DENNIS PECK 08/27/2003 OFFICE ZONE 253.00 PHILIP F POWELL 08/27/2003 BEST BUY 00000109 31.94 PHILIP F POWELL 08/292003 BATTERIES PLUS 185.25 WILLIAM I PRIEFER 08/292003 BATTERIES PLUS 117.13 WILLIAM J PRIEFER 08/25/2003 TOUSLEY FORD 127200039 47.51 STEVEN PRIEM 08/25/2003 NORTHERN TOOL EQUIPMNT 21.29 STEVEN PRIEM 08/27/2003 EATINC 269.18 STEVEN PRIEM 0827/2003 SUNRAY BTB 50.69 STEVEN PRIEM 08/28/2003 FACTORY MOTOR PARTS 20.96 STEVEN PRIEM 08/29/2003 TRUCK UTILITES INC 60.92 STEVEN PRIEM 08/292003 CATCO PARTS AND SERVICE 119.54 STEVEN PRIEM 08/292003 CATCO PARTS AND SERVICE 626.35 STEVEN PRIEM 08129/2003 ELLIOTT AUTO SUPPLY 305.70 STEVEN PRIEM 0829 /2003 KATH AUTO PARTS 8.20 STEVEN PRIEM 08/29/2003 KATH AUTO PARTS 43.93 STEVEN PRIEM 08/26/2003 CONTINENTAL RESEARCH 5 10. 11 MICHAEL REILLY 08/25/2003 CUB FOODS, INC. 31.55 AUDRA ROBBINS 08/25/2003 CUB FOODS, INC. 66.38 AUDRA ROBBINS 08/282003 FACTORY CARD OUTLET #284 119.91 AUDRA ROBBINS 08/292003 CUB FOODS, INC. 20.24 AUDRA ROBBINS 08/29/2003 MICHAELS #2744 68.83 AUDRA ROBBINS 0829/2003 TARGET 00011858 102.33 AUDRA ROBBINS 0826/2003 JOHNSON PLASTICS 40.56 RUSSELL L SCHMIDT 08/27/2003 ABLE HOSE & RUBBER, INC 637.19 SCOTT SCHULTZ 08/29/2003 T- MOBILE 45.18 SCOTT SCHULTZ 08/292003 ABLE HOSE & RUBBER, INC -89.72 SCOTT SCHULTZ 08/252003 S & T OFFICE PRODUCTS 55.21 ANDREA SINDT 08/262003 VERIZONWIRELESSWR 6.09 ANDREA SINDT 08/262003 VERIZONWIRELESSWR 45.86 ANDREA SINDT 0829/2003 SUZANNE'S CUISINE, INC 196.00 PAULINE STAPLES 0825/2003 METRO SALES INC 96.43 JOANNE M SVENDSEN 08/25/2003 METRO SALES INC 507.00 JOANNE M SVENDSEN 08/25/2003 CORNER BAKE20100002014 13.03 AUSTIN SVENDSEN 08/26/2003 THE WESTIN CITY CENTER 748.72 AUSTIN SVENDSEN 08/27/2003 AMAZON.COM SUPERSTOR 132.22 AUSTIN SVENDSEN 08/2812003 GRAPHIC EXHIBITS INC 69.20 RUSTIN SVENDSEN 08/252003 SEARS ROEBUCK 1122 50.00 LYLE SWANSON 08/272003 DALCO 01 OF 01 59.21 LYLE SWANSON 08/2712003 MUSKA LIGHTING CENTER 20.14 LYLE SWANSON 0829/2003 T- MOBILE 101.21 DOUGLAS J TAUBMAN 0827/2003 BATTERY ZONE 723.83 DAVID 1 THOMALLA 08/25/2003 QWESTCOMMTN520 335.83 HOLLYUR13ANSKI 08/26/2003 QWEST COMMUNICATR54 60.14 HOLLY URBANSKI 08/27/2003 PIONEER PRESS SUBSCRIPTI 318.76 HOLLY URBANSKI 08/272003 POSTAL STORE 38.00 JUDY WEGWERTH 08/25/2003 CENTURY COLLEGE CONTINUrN 125.00 SUSAN ZWIEG 0825/2003 PIONEER PRESS SUBSCRIPT[ 8.30 SUSAN ZWIEG 08/27/2003 MINUTEMAN PRESS 97.15 SUSAN ZWIEG 08/28/2003 ANDIAMO 500.00 SUSAN ZWIEG 22,953.69 m Transaction Review 9/9/2003 For Trapsaptions posted between 08/31/2003 to 09/06/2003 Post Date Vendor Name Settlement Aml Cardholder Name 091032003 STREICHER'S POLICE EQP 111.10 TIMOTHY FLOR 09/032003 STREICHER'S POLICE EQP 10.60 TIMOTHY FLOR 09/042003 ABF TRANSPORTATION SVC 214.45 BRUCE K ANDERSON 09/052003 SPRINTPCS- SPEEDPAYIVR 51.29 BRUCE K ANDERSON 09/032003 GAL GALLS INC 207.15 SCOTT ANDREWS 09/012003 UNIFORMS UNLIMITED INC 131.60 SCOTT A ANDREWS 09/042003 UNIFORMS UNLIMITED INC - 131.60 SCOTT A ANDREWS 09/04/2003 UNIFORMS UNLIMITED INC - 131.60 SCOTT A ANDREWS 09/03/2003 AT &T WS 410236388 28.49 JOHN BANICK 09/05/2003 GET MOTIVATED BUSINESS 113.17 JOHN BANICK 09/01/2003 HENRIKSEN ACE HARDWARE 165.21 JIM BEHAN 09/01/2003 CRAMER BLDG SERVICES INC - 102.50 JIM BEHAN 09/04/2003 HENRIKSEN ACE HARDWARE 39.12 JIM BEHAN 09/05/2003 STATE SUPPLY CO. INC 78.04 JIM BEHAN 09105/2003 GRAINGER 499 178.56 JIM BEHAN 09/05/2003 SHERWIN WILLIAMS #3127 107.34 JIM BEHAN 09101/2003 WORLD FOOTLOCKER #5032 79.99 STANLEY BELDE 09/05/2003 STREICHER'S POLICE EQP 25.45 BRIAN L BIERDEMAN 09/02/2003 MINUTEMAN PRESS - 500.74 OAKLEY BIESANZ 09/03/2003 FACTORY CARD OUTLET #264 17.05 OAKLEY BIESANZ 09/04/2003 NEXTEL WIRELESS SVCS 165.98 CHRISTOPHER CAVETT 09/01/2003 TARGET 00011858 26.63 MELINDA COLEMAN 09/052003 HEJNY RENTALS INC 117.79 MELINDA COLEMAN 091012003 BOEHM'S SCHWINN CYC&FIT 741.12 LINDA CROSSON 09/04/2003 THE HOME DEPOT 2801 76.23 LINDA CROSSON 09/042003 SPORTSMITH 65.08 LINDA CROSSON 09/05/2003 STREICHER'S POLICE EQP 158.53 MICHAEL J DUGAS 09/052003 STREICHER'S POLICE EQP 49.95 MICHAEL J DUGAS 09101/2003 BARTLEY SALES COMPANY,INC 1,121.45 TOM EASTMAN 09/01/2003 ARCH 2108 TOM EASTMAN 09101/2003 DEX MEDIA EAST #2 117.86 TOM EASTMAN 09/03/2003 VERIZON DIRECTORIES 40.50 TOM EASTMAN 09104/2003 THE STAR TRIBUNE - CIRCULAT 5165 TOM EASTMAN 09/01/2003 KINKO'S #0617 43.44 SHANN FINWALL 09/05/2003 AVENSOFT 1,200.00 MYCHAL FOWLDS 09/01/2003 S & T OFFICE PRODUCTS 49.46 PATRICIA FRY 09/03/2003 SPRINTPCS AUTOPYMT RC 84.03 RICHARD FURSMAN 09/04/2003 TARGET 00011858 52.96 MIKE GRAF 09/04/2003 TARGET 00000687 9.04 MIKE GRAF 09/012003 GOODIN COMPANY 15.73 MARK HAAG 09/01/2003 EMERGENCY MEDICAL0I OF 01 105.46 JODI HALWEG 09/02/2003 TARGET 00011858 8.50 JODI HALWEG 09/03/2003 S & T OFFICE PRODUCTS 72.78 LORI HANSON 09/05/2003 S & T OFFICE PRODUCTS 171.06 HEIDI HERSOM 09/012003 MOGREN BROTHERS 38.34 GARY HINNIENKAMP 09/042003 HEJNY RENTALS INC 53.12 GARY HINNENKAMP 09/05/1003 THE HOME DEPOT 2801 47.90 RON HORWATH 09/052003 TARGET 00011858 15.74 RON HORWATH 09103/2003 TARGET 00011858 16.37 MARY B KOEHNEN 09/04/2003 HENRIKSEN ACE HARDWARE 19.01 MARY B KOEHNEN 09/01/2003 RAINBOW FOODS 1 -886 11.38 SI IERYL L LL 09/05/2003 MENARDS OAKDALE 302.18 DENNIS LINDORFF 09/01/2003 GAL GALLS INC 31.68 STEVE LUK1N 09/01/2003 CENTURY COMM & TECH 1,848.13 STEVE LUKIN 09/01/2003 CENTURY COMM &TECH 1,848.13 STEVE LUKIN 09/01/2003 OFFICE MAX 00002204 36.69 STEVE LUKIN 09/01/2003 CONNEY SAFETY PRODUCTS 22.43 STEVE LUKIN 09/03/2003 ADT SECURITY SERVICES 155.57 STEVE LUKIN 09/03/2003 NORTHERN TOOL EQUIPMNT 21.29 STEVE LUKIN 10 09/042003 NAP DIM FIRE EQUIPMENT CO 297.67 STEVE LUKIN 09/052003 BROCK WHITE COMPANY -ST PA 61.53 DAVID LUTZ 09/052003 OAKDALE RENTAL CENTER 105.44 DAVID LUTZ 09/032003 COMMONWEALTH ELECTRIC MN 164.00 MARK MARUSKA 09/052003 ON SITE SANITATION, IN 1,653.80 MARK MARUSKA 09/022003 KOHL'S 40052 39.99 ALESIA M METRY 09/012003 PUMP & METER SERVICE INC 125.15 ED NADEAU 09/052003 GRUBERS POWER EQUIPMENT 28.99 JOHN NAUGHTON 09/01/2003 RYCO SUPPLY COMPANY 26.73 JEAN NELSON 09/022003 MINUTEMAN PRESS 500.74 JEAN NELSON 09/012003 CUB FOODS, INC. 9.78 KURT PARSONS 09/042003 MASUNE COMPANY 66.30 PHILIP F POWELL 09/052003 DR SYMANTEC.COM 53.20 PHILIP F POWELL 09/012003 PARTS ASSOCIATES INC 76.55 STEVEN PRIEM 09/012003 SUNRAY BTB 39.74 STEVEN PRIEM 09/03/2003 BAUER BOLT TRE33200023 447.19 STEVEN PRIEM 09/04/2003 SUNRAY BTB -43.50 STEVEN PRIEM 09/04/2003 FACTORY MOTOR PARTS 139.22 STEVEN PRIEM 09/04/2003 KATH AUTO PARTS 149.69 STEVEN PRIEM 09/05/2003 SUNRAY BTB 71.60 STEVEN PRIEM 09/01/2003 AT &T WIRELESS SERVICES 481.38 KEVIN RABBETT 09/01/2003 DALCO 01 OF 01 577.72 MICHAEL REILLY 09/01/2003 TARGET 00011858 18.05 AUDRA ROBBINS 09/01/2003 AOL ONLINE SERVICE 0803 23.90 AUDRA ROBBINS 09/03/2003 GOPHER BEARING COMPANY IN 101.35 JAMES SCHINDELDECKER 09104/2003 ARAMARK REF SVS 46013- 250.00 RUSSELL L SCHMIDT 09/01/2003 S & T OFFICE PRODUCTS 111.83 ANDREA SINDT 09/01/2003 S & T OFFICE PRODUCTS 4.46 ANDREA SINDT 09/03/2003 T- MOBILE 132,47 ANDREA SINDT 09/04/2003 NEXTEL WIRELESS SVCS 511.40 ANDREA SINDT 09/03/2003 TARGET 00011858 27.67 SCOTT STEFFEN 09/03/2003 PAPER WAREHOUSE 48 75.00 JOANNE M SVENDSEN 09/03/2003 DE LAGE LANDEN OP01 OF 01 450.34 JOANNE M SVENDSEN 09/04/2003 RAINBOW FOODS 1.886 24.47 JOANNE M SVENDSEN 09/04/2003 OFFICE MAX 00002204 49.21 JOANNE M SVENDSEN 09/04/2003 VALLEY TROPHY 87.08 RUSTIN SVENDSEN 09/04/2003 THE HOME DEPOT 2801 223.18 LYLE S WANSON 09/05/2003 HENRIKSEN ACE HARDWARE 306.19 LYLE SWANSON 09/01/2003 RAINBOW FOODS 1 -886 39.99 DAVID J THOMALLA 09/01/2003 VIKING ELECTRIC ST PAUL 147.39 SUSAN ZWIEG 17,385.33 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/12/03 COLLINS, KENNETH 357.47 dd 09/12/03 JUENEMANN, KATHLEEN 357.47 dd 09/12/03 KOPPEN, MARVIN 357.47 dd 09/12/03 COLEMAN, MELINDA 3,857.47 dd 09/12/03 DARST, ROBERTA 1,399.42 dd 09/12/03 FURSMAN, RICHARD 4,638.25 dd 09/12/03 SCHLINGMAN, PAUL 2,02622 dd 09/12/03 SEEGER, GERALD 518.61 dd 09/12/03 SWANSON, LYLE 1,651.65 dd 09/12/03 LE, SHERYL 3,717.64 dd 09/12/03 RAMEAUX, THERESE 2,327.54 dd 09/12/03 FAUST, DANIEL 3,870.90 dd 09/12/03 URBANSKI, HOLLY 1,661.45 dd 09/12/03 ANDERSON, CAROLE 937.39 dd 09/12/03 BAUMAN, GAYLE 2,869.18 dd 09/12/03 JACKSON, MARY 1,715.85 dd 09/12/03 KELSEY, CONNIE 831.61 dd 09/12/03 TETZLAFF, JUDY 1,683.05 dd 09/12/03 FRY, PATRICIA 1,665.25 dd 09/12/03 GUILFOILE, KAREN 2,671.16 dd 09/12/03 OSTER, ANDREA 1,678.92 dd 09/12/03 CARLE, JEANETTE 1,721.54 dd 09/12/03 JAGOE, CAROL 1,536.65 dd 09/12/03 JOHNSON, BONNIE 1,066.61 dd 09/12/03 OLSON, SANDRA 1,569.18 dd 09/12/03 BANICK, JOHN 3,201.24 dd 09/12/03 CORCORAN, THERESA 1,634.20 dd 09/12/03 MARTINSON, CAROL 3,145.72 dd 09/12/03 POWELL, PHILIP 1,993.26 dd 09/12/03 SPANGLER, EDNA 748.00 dd 09/12/03 THOMALLA, DAVID 3,546.50 dd 09/12/03 ABEL, CLINT 1,913.10 dd 09/12/03 ALDRIDGE, MARK 2,398.91 dd 09112/03 ANDREWS, SCOTT 3,073.79 dd 09/12/03 BAKKE, LONN 2,280.92 dd 09/12/03 BELDE, STANLEY 2,504.28 dd 09/12/03 BIERDEMAN, BRIAN 1,700.93 dd 09/12/03 BOHL, JOHN 2,608.52 dd 09/12/03 BUSACK, DANIEL 2,17735 dd 09/12/03 COFFEY, KEVIN 1,534.57 dd 09/12/03 CROTTY, KERRY 2,280.92 dd 09/12/03 DOBLAR, RICHARD 2,115.21 dd 09/12/03 HALWEG, KEVIN 1,951.26 dd 09/12/03 HEINZ, STEPHEN 2,322.80 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/12/03 HIEBERT, STEVEN 2,640.09 dd 09/12/03 JOHNSON, KEVIN 4,077.74 dd 09/12/03 KARIS, FLINT 2,690.11 dd 09/12/03 KONG, TOMMY 2,115.21 dd 09/12/03 KROLL, BRETT 2,074.08 dd 09/12/03 KVAM, DAVID 2,832.91 dd 09/12/03 LARSON, DANIEL 2,310.57 dd 09/12/03 LU, JOHNNIE 1,995.45 dd 09/12/03 MARINO, JASON 2,161.06 dd 09/12/03 MARTIN, JERROLD 2,068.26 dd 09/12/03 METRY, ALESIA 1,920.87 dd 09/12/03 PALMA, STEVEN 2,405.19 dd 09/12 /03 RABBETT, KEVIN 2,945.80 dd 09/12/03 STEFFEN, SCOTT 3,682.07 dd 09/12/03 SZCZEPANSKI, THOMAS 2,442.59 dd 09/12/03 THIENES, PAUL 2,384.48 dd 09/12/03 TRAN, JOSEPH 2,014.07 dd 09/12/03 WENZEL, JAY 2,257.36 dd 09/12/03 XIONG, KAO 1,827.68 dd 09/12/03 BARTZ, PAUL 2,490.62 dd 09/12/03 BERGERON, JOSEPH 3,198.77 dd 09/12/03 DUGAS, MICHAEL 2,096.02 dd 09/12/03 DUNN, ALICE 2,889.22 dd 09/12/03 ERICKSON, VIRGINIA 2,384.48 dd 09/12/03 EVERSON, PAUL 1,840.81 dd 09/12/03 FLOR, TIMOTHY 3,514.65 dd 09/12/03 FRASER, JOHN 2,515.25 dd 09/12/03 HALWEG, JODI 1,803.59 dd 09/12/03 KATZMAN, BARBARA 1,748.59 dd 09/12/03 L'ALLIER, DANIEL 585.00 dd 09/12/03 LANGNER, SCOTT 1,597.37 dd 09/12/03 OLSON, JULIE 2,410.58 dd 09/12/03 PARSONS, KURT 1,955.67 dd 09/12/03 PIKE, GARY 2,177.35 dd 09/12/03 ROSSMAN, DAVID 2,734.50 dd 09/12/03 DAWSON, RICHARD 1,628.85 dd 09/12/03 DUELLMAN, KIRK 1,628.85 dd 09/12/03 JOHNSON, DOUGLAS 1,628.85 dd 09/12/03 NOVAK, JEROME 1,628.85 dd 09/12/03 PETERSON, ROBERT 1,705.85 dd 09/12/03 SVENDSEN, RONALD 1,755.71 dd 09/12/03 GERVAIS -JR, CLARENCE 2,429.15 dd 09/12/03 BOYER, SCOTT 2,144.71 dd 09/12/03 FEHR, JOSEPH 2,035.04 dd 09/12/03 FLAUGHER, JAYME 2,528.94 dd 09/12/03 JACKSON, LINDA 1,433.81 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/12/03 LAFFERTY, WALTER 2,372.29 dd 09/12/03 LINN, BRYAN 1,989.08 dd 09/12/03 PACOLT, MARSHA 1,999.85 dd 09/12/03 RABINE, JANET 2,356.23 dd 09/12/03 SCHAULS, ADAM 331.50 dd 09/12/03 STAHNKE, JULIE 2,147.45 dd 09/12/03 LUKIN, STEVEN 3,255.62 dd 09/12/03 SVENDSEN, AUSTIN 2,599.72 dd 09/12/03 ZWIEG, SUSAN 1,706.95 dd 09/12/03 DOLLERSCHELL, ROBERT 268.49 dd 09/12/03 AHL, R. CHARLES 4,071.70 dd 09/12/03 NIVEN, AMY 1,120.31 dd 09/12/03 PRIEFER, WILLIAM 2,391.25 dd 09/12/03 WEGWERTH, JUDITH 1,666.06 dd 09/12/03 BRINK, TROY 1,433.46 dd 09/12/03 DEBILZAN, THOMAS 1,668.65 dd 09/12/03 EDGE, DOUGLAS 1,784.51 dd 09/12/03 KANE, MICHAEL 2,643.39 dd 09/12/03 LUTZ, DAVID 1,738.86 dd 09/12/03 MEYER, GERALD 1,805.08 dd 09/12/03 NAGEL, BRYAN 1,906.15 dd 09/12/03 OSWALD, ERICK 1,948.41 dd 09/12/03 TEVLIN, TODD 1,502.25 dd 09/12/03 BOHMBACH, JOSHUA 834.90 dd 09/12/03 CAVETT, CHRISTOPHER 2,967.22 dd 09/12/03 DUCHARME, JOHN 2,167.05 dd 09/12/03 LINDBLOM, RANDAL 2,268.88 dd 09/12/03 MURRA, AARON 517.00 dd 09/12/03 PECK, DENNIS 2,238.99 dd 09/12/03 PRIEBE, WILLIAM 3,107.48 dd 09/12/03 SCHACHT, ERIN 2,005.45 dd 09/12/03 TATE, FRANK 1,551.85 dd 09/12/03 VERMEERSCH, CHARLES 1,912.65 dd 09/12/03 ANDERSON, BRUCE 3,829.44 dd 09/12/03 DOHERTY, KATHLEEN 1,666.07 dd 09/12/03 HERSOM, HEIDI 1,842.25 dd 09/12/03 BORGLUM, DUSTIN 480.00 dd 09/12/03 LUND, ERIC 384.00 dd 09/12/03 MARUSKA, MARK 2,439.86 dd 09/12/03 NAUGHTON, JOHN 1,502.25 dd 09/12/03 SCHINDELDECKER, JAMES 1,734.25 dd 09/12/03 BIESANZ, OAKLEY 1,231.24 dd 09/12/03 HAYMAN, JANET 1,325.26 dd 09/12/03 HUTCHINSON, ANN 2,031.16 dd 09/12/03 KOS, HEATHER 208.00 dd 09/12/03 NELSON, JEAN 1,092.47 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/12/03 FOERG, ELIZABETH 776.25 dd 09/12/03 GAYNOR, VIRGINIA 1,827.06 dd 09/12/03 EKSTRAND, THOMAS 2,558.52 dd 09/12/03 KROLL, LISA 1,065.48 dd 09/12/03 LIVINGSTON, JOYCE 848.73 dd 09/12/03 SINDT, ANDREA 1,439.85 dd 09/12/03 THOMPSON, DEBRA 707.96 dd 09/12/03 YOUNG, TAMELA 1,331.85 dd 09/12/03 FINWALL, SHANN 1,968.65 dd 09/12/03 ROBERTS, KENNETH 2,274.25 dd 09/12/03 CARVER, NICHOLAS 2,346.15 dd 09/12103 FISHER, DAVID 2,794.18 dd 09/12/03 RICE, MICHAEL 1,415.05 dd 09/12/03 SWAN, DAVID 1,757.45 dd 09/12/03 KONEWKO, DUWAYNE 2,254.26 dd 09/12103 ANZALDI, MANDY 826.00 dd 09/12/03 WORK, BRANDON 405.32 dd 09/12/03 FINN, GREGORY 1,862.74 dd 09/12/03 GRAF, MICHAEL 1,678.82 dd 09/12/03 KELLY, LISA 965.89 dd 09/12/03 ROBBINS, AUDRA 1,731.23 dd 09/12/03 TAUBMAN, DOUGLAS 2,562.64 dd 09/12/03 BREHEIM, ROGER 1,739.41 dd 09/12/03 NORDQUIST, RICHARD 607.33 dd 09/12/03 SCHULTZ, SCOTT 1,930.44 dd 09/12/03 CROSSON, LINDA 2,162.18 dd 09/12/03 EASTMAN, THOMAS 2,345.93 dd 09/12/03 MAROUSHEK, KRISTIN 642.92 dd 09/12/03 PARTLOW, JOSHUA 237.92 dd 09/12/03 PELOQUIN, PENNYE 360.06 dd 09/12/03 SCHMIDT, RUSSELL 1,643.88 dd 09/12/03 STAPLES, PAULINE 2,641.74 dd 09/12/03 ABRAHAMSON, DANIEL 171.53 dd 09/12/03 ABRAHAMSON, REBECCA 616.32 dd 09/12/03 BRENEMAN, NEIL 375.79 dd 09/12/03 CORNER, AMY 21.60 dd 09/12/03 FONTAINE, ANTHONY 571.44 dd 09/12/03 GUZIK, JENNIFER 20.55 dd 09/12/03 HALEY, BROOKE 32.50 dd 09/12/03 HAUSER, KATHRYN 36.30 dd 09/12/03 HORWATH, RONALD 1,648.82 dd 09/12/03 IRISH, GRACE 108.08 dd 09/12/03 KOEHNEN, MARY 624.92 dd 09/12/03 KRONHOLM, KATHRYN 349.47 dd 09/12/03 LINDSTROM, AMANDA 78.78 dd 09/12/03 OVERBY, ANNA 36.00 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/12/03 POWERS, JESSICA 138.40 dd 09/12/03 SCHULTZ, PETER 27.40 dd 09/12/03 THOEMKE, MARIE 147.88 dd 09/12/03 TUPY, HEIDE 56.10 dd 09/12/03 TUPY, MARCUS 118.34 dd 09/12/03 GROPPOLI, LINDA 195.50 dd 09/12/03 RENSLOW, RITA 148.50 dd 09/12/03 SHERRILL, CAITLIN 144.50 dd 09/12/03 CRAWFORD - JR, RAYMOND 100.78 dd 09/12/03 LONETTJ, JAMES 934.48 dd 09/12/03 MILES, LAURA 69.85 dd 09/12/03 PATTERSON, ALBERT 919.82 dd 09/12/03 PRINS, KELLY 889.88 dd 09/12/03 REILLY, MICHAEL 1,458.09 dd 09/12/03 STEINHORST, JEFFREY 46.11 dd 09/12/03 ZIEMER, NICOLE 143.85 dd 09112/03 AICHELE, CRAIG 1,743.85 dd 09/12/03 PRIEM, STEVEN 1,968.13 dd 09/12/03 BERGO, CHAD 1,933.93 dd 09/12/03 FOWLDS, MYCHAL 2,256.75 dd 09/12/03 HURLEY, STEPHEN 2,794.18 wf 94762 09/12/03 CARDINAL, ROBERT 406.20 wf 94763 09/12/03 WASILUK, JULIE 357.47 wf 94764 09/12/03 INGVOLDSTAD, CURTIS 62.50 wf 94765 09/12/03 JAHN, DAVID 1,549.11 wf 94766 09/12/03 MALDONADO, JUANA 519.50 wf 94767 09/12/03 MORIN, TROY 195.50 wf 94768 09/12/03 MATHEYS, ALANA 1,793.85 wf 94769 09/12/03 HANSEN, LORI 1,617.15 wf 94770 09/12/03 VIETOR, LORRAINE 1,742.69 wf 94771 09/12/03 PALANK, MARY 1,754.58 wf 94772 09/12/03 RICHIE, CAROLE 1,597.24 wf 94773 09/12/03 SVENDSEN, JOANNE 1,808.40 wf 94774 09/12/03 SHORTREED, MICHAEL 2,558.12 wf 94775 09/12/03 STEINER, JOSEPH 459.00 wf 94776 09/12/03 WELCHLIN, CABOT 2,372.04 wf 94777 09/12/03 COUNIHAN, WILLIAM 170.00 wf 94778 09/12/03 KARELS, BRITTANY 127.50 wf 94779 09/12/03 TOSSEY, LISA 178.50 wf 94780 09/12/03 KUMLIN, KARMA 80.76 wf 94781 09/12/03 FREBERG, RONALD 1,781.46 wf 94782 09/12/03 HAAG, ROBERT 360.00 wf 94783 09/12/03 JONES, DONALD 1,721.45 wf 94784 09/12/03 STEWART, RYAN 360.00 wf 94785 09/12/03 GROVER, MICHAEL 826.00 wf 94786 09/12/03 EDSON, DAVID 1,768.46 16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 94787 09/12/03 HELEY, ROLAND 1,770.77 wf 94788 09/12/03 HINNENKAMP, GARY 1,741.82 Wf 94789 09/12/03 LINDORFF, DENNIS 1,736.55 Wf 94790 09/12/03 NAUGHTON, RYAN 415.00 Wf 94791 09/12/03 NIEMCZYK, ANTHONY 320.00 Wf 94792 09/12/03 NOVAK, MICHAEL 1,621.45 Wf 94793 09/12/03 GERNES, CAROLE 352.50 Wf 94794 09/12/03 SOUTTER, CHRISTINE 232.88 Wf 94795 09/12/03 ANZALDI, KALI 227.50 Wf 94796 09/12/03 BALLESTRAZZE, THAD 460.00 Wf 94797 09/12/03 DAMIANI, ROBERT 100.00 Wf 94798 09/12/03 GEBHARD, JILLIAN 460.00 Wf 94799 09/12/03 GOODRICH, CHAD 484.50 wf 94800 09/12/03 KLEM, JOSH 20.00 wf 94801 09/12/03 O'GRADY, ZACHARY 256.00 wf 94802 09/12/03 OHLHAUSER, MEGHAN 414.38 Wf 94803 09/12/03 WEGNER, CHRISTOPHER 22.00 Wf 94804 09/12/03 GERMAIN, DAVID 1,741.18 Wf 94805 09/12/03 HAAG, MARK 1,606.17 Wf 94806 09/12/03 NADEAU, EDWARD 2,643.39 Wf 94807 09/12/03 BROWN, LAURIE 214.60 wf 94808 09/12/03 DISKERUD, HEATHER 302.25 Wf 94809 09/12/03 GLASS, JEAN 1,362.89 Wf 94810 09/12/03 MOY, PAMELA 383.52 Wf 94811 09/12/03 NIELSEN, JENNIFER 28.90 Wf 94812 09/12/03 SHOBERG, CARY 658.65 Wf 94813 09/12/03 TOLBERT, FRANCINE 222.00 Wf 94814 09/12/03 TOOMBS, CARDELL 44.20 wf 94815 09/12/03 UNGER, MARGARET 372.30 Wf 94816 09/12/03 ANDERSON, CALEB 37.68 Wf 94817 09/12/03 BACHMAN, NICOLE 115.90 Wf 94818 09/12/03 BITTNER, KATIE 317.51 wf 94819 09/12/03 BOTHWELL, KRISTIN 182.50 Wf 94820 09/12/03 CHAPMAN, JENNY 242.72 wf 94821 09/12/03 COSTA, JOSEPH 122.10 wf 94822 09/12/03 DEMPSEY, BETH 43.20 Wf 94823 09/12/03 DIERICH, ANDREA 18.00 Wf 94824 09/12/03 DOTY, JANET 195.64 Wf 94825 09/12/03 DUNN, RYAN 409.46 Wf 94826 09/12/03 FALKENSTEIN, MONICA 156.80 Wf 94827 09/12/03 FENGER, JUSTIN 47.59 Wf 94828 09/12/03 FONTAINE, KIM 395.84 Wf 94829 09/12/03 FRETZ, SARAH 200.77 wf 94830 09/12/03 GRANT, MELISSA 19.65 Wf 94831 09/12/03 GRUENHAGEN, LINDA 132.90 Wf 94832 09/12/03 HOLMGREN, LEAH 640.13 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD IV CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT Wf 94833 09/12/03 HOULE, DENISE 21.55 Wf 94834 09/12/03 HUPPERT, ERIN 265.87 Wf 94835 09/12/03 JOHNSON, ROBERT 401.06 Wf 94836 09/12/03 JOHNSON, STETSON 273.50 Wf 94837 09/12/03 KERSCHNER, JOLENE 21.70 Wf 94838 09/12/03 MCMAHON, MELISSA 23.63 wf 94839 09/12/03 MELCHER, ROBERT 23.98 Wf 94840 09/12/03 MILLS, ANNE 19.20 Wf 94841 09/12/03 OLSON, MARGRET 64.60 Wf 94842 09/12/03 OTTESON, JANET 72.00 Wf 94843 09/12/03 OWEN, JONATHAN 117.00 wf 94844 09/12/03 PEHOSKI, JOEL 98.20 Wf 94845 09/12/03 PROESCH, ANDY 354.49 wf 94846 09/12/03 RENSTROM, KEVIN 152.50 Wf 94847 09/12/03 SMITLEY, SHARON 111.00 Wf 94848 09/12/03 WAGNER, ERIC 22.00 Wf 94849 09/12/03 WARNER, CAROLYN 44.40 Wf 94850 09/12/03 WEDES, CARYL 64.95 Wf 94851 09/12/03 WELTER, ELIZABETH 148.48 Wf 94852 09/12/03 WHITE, NICOLE 275.26 Wf 94853 09/12/03 WILLIAMS, KELLY 35.40 Wf 94854 09/12/03 BOSLEY, CAROL 218.25 Wf 94855 09/12/03 KURKOSKI, STEPHANIE 40.63 Wf 94856 09/12/03 NORLIN, AMANDA 60.00 Wf 94857 09/12/03 ODDEN, JESSICA 27.00 Wf 94858 09/12/03 QUINN, KELLY 30.00 Wf 94859 09/12/03 VAN HALE, PAULA 19.50 Wf 94860 09/12/03 BEHAN, JAMES 1,911.59 Wf 94861 09/12/03 CHIGINSKY, APRIL 3125 Wf 94862 09/12/03 COLLINS, ASHLEY 139.00 Wf 94863 09/12/03 DOUGLASS, TOM 986.38 Wf 94864 09/12/03 HER, CHONG 120.65 Wf 94865 09/12/03 LOGAN, HEATHER 3.30 Wf 94866 09/12/03 NAGEL, BROOKE 152.40 Wf 94867 09/12/03 PETSCHEN, DANIEL 25.40 Wf 94868 09/12/03 QUIWONKPA, THOMAS 79.38 Wf 94869 09/12/03 SCHULZE, BRIAN 194.40 Wf 94870 09/12/03 YOUNG, MATTHEW 58.00 Wf 94871 09/12/03 MULVANEY, DENNIS 1,911.48 406,122.29 IV Agenda Item G2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: September 16, 2003 RE: Compensation for Loss of Property At the city's 4 th of July celebration held at Hazelwood Park Park and Recreation staff borrowed a 4 wheeler personally owned by Chief Lukin to haul equipment used at the firework display. Chief Lukin filled the 4 wheeler with gas and gave it to staff. After running a couple of errands staff was sitting at an idle when the vehicle began to smoke and then caught fire and was completely destroyed before the fire could be put out. I submitted a claim to the League of Minnesota Insurance for reimbursement and the claim was denied because the city does not have a provision for coverage of 4 wheelers. Chief Lukin then tried to submit a claim with his personal home insurance and they also denied coverage. The 4 wheeler was approximately seven years old and cost over $4,000 when purchased. It is estimated in the N.A.D.A Appraisal Guide that the depreciation value to be not less than $1,790. Staff recommends council approval of $1,790 compensation to Chief Lukin from the city's insurance fund. Agenda Item G3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: September 16, 2003 RE: Annual Lawful Gambling License — Pioneer Booster Club Introduction The Pioneer Booster Club currently is operating at AMF Maplewood Bowl. They are requesting the annual renewal their application for their lawful gambling license but at a change of location. Their new location will be Bleechers Bar located at 2220 White Bear Avenue. In order for the State of Minnesota to issue an annual gambling 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 premises permit for lawful gambling is approved for the Pioneer Booster Club, to operate at Bleechers Bar located at 2220 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. Recommendation It is recommended that council approve the lawful gambling resolution application for the Pioneer Booster Club. Agenda Item G4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: September 16, 2003 RE: Request for Special Use Permit Introduction Brad Camitsch from the Ramsey County Sheriff s Department has applied for a special use permit to hold their annual "Fright Farm" Halloween event at the Ramsey County Extension Services Barn. The event will be held October 10 -12, 17 -19, 24 -26 and 30 -31 from 7:00 p.m. to 10:00 p.m. Recommendation It is recommended that the permit be approved. Agenda # G5 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT. Final Plat PROJECT. Woodlynn Heights No. 7 LOCATION: Woodlynn Avenue, west of McKnight Road DATE: September 5, 2003 INTRODUCTION Patrick Kinney is requesting that the city council approve the Woodlynn Heights No. 7 final plat. Mr. Kinney represents the property owner and builder of the development. This plat would create nine lots for town houses in the last phase of the project and would be on Woodlynn Avenue, west of McKnight Road. (See the maps on pages two through six.) BACKGROUND On February 14, 2000, the city council approved the following for the Woodlynn Heights No. 7 town houses: 1. A preliminary plat for nine lots for the nine housing units. 2. The design plans for the site, landscaping and buildings. Please see the minutes starting on page seven. On February 12, 2001, February 11, 2002, and February 10, 2003, the city council approved one - year time extensions for the preliminary plat. DISCUSSION The developer's contractor is progressing with this plat, including having started the site grading, utility construction and the first building. He has finished all the conditions the council required for final plat approval. RECOMMENDATION Approve the Woodlynn Heights No. 7 final plat. This approval is subject to the county recording the deed restrictions and covenants required by the city. p:sec 2NMoodlynn Heights 7 final plat.doc Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Area Map 4. Proposed Final Plat 5. Approved Preliminary Plat 6. 2 -14 -00 Council Minutes 7. Proposed Final Plat (Separate Attachment) Attachment 1 WHITE 8LAR LAKE COUNTY M ST. JOHN'S 3 BLVD. 5 � ® Y AVE.. RADATZ � AhSA� RAASEY Cow COURT KOHLMAN AVE 4 := U � W l ° w CaeeY� 4 GALL AVE AVE a `�O N B NNF7Z AVE MZE1 tg 2. 1 , 0 z no AVE.< PNAPLE STANDRIDGE QQ 3 W S AVE. v 9 CL C7 EW AVE z U AVE. � NORTH SAINT PAUL w V EDGEJlU RD. J DEIJONT w AVE s AVE. '`AlOfkhOT N Pond, AVE. % TANTVE. z a �1 �e wr o Ate s � � Pork w p < GERMS i GT• V AVE ® Lake �a AVE. le• t9 AVE ti LARK j < AVE RADATZ � AhSA� RAASEY Cow COURT KOHLMAN AVE 4 := U � W l ° w CaeeY� 4 GALL AVE AVE a `�O N B NNF7Z AVE MZE1 tg 2. 1 , 0 z no AVE.< PNAPLE STANDRIDGE QQ 3 W S AVE. v 9 CL C7 EW AVE z U AVE. � NORTH SAINT PAUL LOCATION MAP 2 4 N w V EDGEJlU RD. J DEIJONT w AVE s AVE. Gii BROOKS N AVE. % TANTVE. z a �1 �e wr o Ate I Z �(t� < GERMS i GT• V AVE LOCATION MAP 2 4 N Y IL f 02!!! �iaod Lake �a AVE. le• Z AVE ti LARK j < AVE rc RD. LAURIE ° z RD. w V�' — Q' 7�Q 3400' AVE 5 w 1 U ® I z y CO. BURKE RD. AVE cr er ' B 1 LOCATION MAP 2 4 N Attachment 2 PROPERTY LINE / ZONING MAP 4 N Attachment 3 WOODLYNN AVE 2154 2164 1 2172 2184 2196 I 2206 �3034 3631 2141 AREA MAP i r,-- 4 N 2161 1 2175 2191 COUNTY ROAD D Attachment 4 WO(:DLI'NN HEIGHTS TOWNHOMI =S NO. 'I GRAPHIC SCALE IN FEET NORTH Inm c! W%U'LYNN HEWHTS Tu.wH ES W, 6 N89 °46'00 "W 329.14 me o entplmn of t ie sealing system Lrrsea me nwtn en: cr WOWLY" HEIGHTS )OVMHOMES NO 6 whkn is --el fn Eew NB➢L6'W "W O WE O)ES Yi I/) MCN Y le INLM �Q All 111, MONUMENT YRRKEO RLS 25Je1. • DEW T' F00W 1/N WCN AM PN ! .eWEO BY R 1.5. a. "N' MrMewr rnn. nl S.aYm .'J 40W B Ir pN lij 51 OUTLOT A - mre„9n,w1 R - -- 329.31 589'46'00 "E I S S 1 I I I PROPOSED FINAL PLAT 5 U N NSV Eoeement per Doc. No. 15573N ----- ____ one Moi,... me BLOCK I_ a fi - 599'16 WE W 990.02 y renter Lna of Eoaemml per Joc. fl 1 n g 1957) 1957) ----------- {— Ir — 8 2 3/ 4 5 6 7/ o 88 8 of I N v1 I 1 I � 1� le !au nvr e _ snw •. .nYye n. m>,ar.,.....,N, lWm�•.y cw,rr r�r OUTLOT A - mre„9n,w1 R - -- 329.31 589'46'00 "E I S S 1 I I I PROPOSED FINAL PLAT 5 U N (R.' @s / MVmml/ a fi - 599'16 WE W 990.02 y n g 1957) 1957) ----------- {— Ir — 8 - 9 - > I o 88 8 of I N v1 I 1 I � 1� le !au nvr e _ snw •. .nYye n. m>,ar.,.....,N, lWm�•.y cw,rr r�r OUTLOT A - mre„9n,w1 R - -- 329.31 589'46'00 "E I S S 1 I I I PROPOSED FINAL PLAT 5 U N Attachment 5 PRELIMINARY PLAT, 1h*ELIMINARY GRADING EROSION CONTROIL AND UTILITY PLAN UJ000L1'NN HpIcxHt owNHOMms NO. POR: PAT KINNIT 1166 salt Av M1pl.M, MN 68104 FhoM: 11® -7111 w %a xze 0 1 w m 1 .r a \ / o : 3 00 r/1 ON o — — 0 w %a xze 0 1 w m 1 .r \ o : 3 00 r/1 w %a xze 0 1 SITE PLAN 6 4 N w m 1 y o : 3 00 r/1 SITE PLAN 6 4 N MINUTES MAPLEWOOD CITY COUNCIL Attachment 6 7:00 P.M., Monday, February 14, 2000 Council Chambers, Municipal Building Meeting No. 00 -03 2. 7:10 P.M. Woodlynn Heights Townhomes No. 7 (West of 2175 Woodlynn Avenue) a. Mayor Cardinal convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Paul Mueller presented the Planning Commission report. e Boardmember Matt Ledvina presented the Community Design Review Board report. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: 1. Mark Leigh, co- applicant, 25766 Loften Avenue, Chisago City 2. Patrick Kinney, applicant 3. Dorothy Arko,2191 Woodlynn Avenue g. Mayor Cardinal closed the public hearing. 1. Preliminary Plat Councilmember Koppen moved to approve the preliminary plat date - stamped December 3 1999 for the proposed Woodlynn Heights Townhomes No 7. subject to the applicant complying with the following conditions: l." Obtaining the city engineer's approval of the final construction and engineering plans. These plans shall include grading, utility, drainage and erosion control 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: (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 all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. 2. Paying for costs related to the engineering department's review of the construction plans. 3. Signing 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 five - foot -wide drainage and utility easements along each side lot line between 7 buildings and along the west and east lot lines of this addition. Extend the five - foot -wide concrete sidewalk from its current location to the west lot line of this townhouse addition. Provide for the repair of Woodlynn Avenue (street and boulevard) after the developer connects to the public utilities and builds the sidewalk. 4. If the developer decides to final plat the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. 5. * Submitting the homeowner's 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 structure. 6.* Providing a written statement from NSP and Amoco Oil Company which allows the grading in the easement that the developer proposes. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Collins Ayes - all 2. Front Setback Variance Councilmember Koppen moved to deny a Variance Resolution. denying a seven -foot setback variance for Woodlynn Heights Townhomes No 7 The Council is denying the variance request because there is no unique circumstances or hardships to the property, The building and parking can be constructed and meet the required setbacks. Seconded by Councilmember Wasiluk Ayes - all 3. Design Approval Councilmember Koppen moved to approve the plans date - stamped December 3 1999 for Woodlynn Heights Townhomes No 7 based on the findings required by the code. The developer, Patrick Kinney, shall do the following_ Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit the applicant shall: a. Submit a grading, drainage, utility and erosion control plan to the city engineer for approval. b. Submit a revised landscape plan to staff for approval which incorporates the following details: 0 C. d. e. 3. 4. (1) Seven spruce trees, two clumps of birch trees and six low- growing shrubs in the front yards on each side of the entrance driveways for each three -plex. (2) The spruce trees must be at least six feet tall and the birch at least 2 1 /3 inches in caliper, balled and burlapped. (3) The plantings proposed around the front of the units shown on the landscape plan date - stamped December 3, 1999, shall remain on the plan. (4) In addition to the above, all front side and rear yard areas shall be sodded (except for mulched and edged planting beds and the area within the NSP easement) and an in- ground lawn irrigation system shall be installed for all landscape areas (code requirement). (5) No landscaping shall take place in the boulevard and the boulevard shall be restored with sod. Stake the NSP easement line and the front and side lot lines with survey irons. Revise the site plan to increase the driveway turnaround setback from the east lot line to five feet (code requirement). Present a color scheme to staff for approval for each building. Complete the following before occupying the building: a. Replace property irons that are removed because of this construction. Restore and sod damaged boulevards. Sod all landscaped areas except for the area within the NSP easement which may be seeded. C. Install an automatic in- ground irrigation system. d. Extension of the five foot -wide concrete sidewalk to the west lot line of this development. If any required work is not done, the city may allow temporary occupancy if. a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June I if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Mayor Cardinal Ayes - Mayor Cardinal and Councilmembers Koppen and Collins Agenda # G6 MEMORANDUM TO: FROM: SUBJECT: LOCATION PROJECT: DATE: City Manager Ken Roberts, Associate Planner Conditional Use Permit Review 1291 Frost Avenue Budget Towing and Tire September 12, 2003 INTRODUCTION The conditional use permit (CUP) for Budget Towing and Tire, 1291 Frost Avenue, is due for review. The CUP is for this business to have an exterior display of tine racks in a BC (business commercial) zoning district. (See the maps on pages two and three and the city council minutes starting on page four.) BACKGROUND On September 23, 2002, the city council approved a CUP for Budget Towing and Tire to have an exterior display of up to ten tire racks that hold 18 tires each on the property. (See the council minutes starting on page four.) DISCUSSION The business is open and meeting all but one of the conditions of approval set by the city council. Mr. Carlson still needs to remove the used oil tank from the west side of the building. The city has not had any complaints about this business and staff is not aware of any other problems at this site. In fact, the property is much cleaner and nicer looking now than before Budget Towing took it over. As such, staff does not see any problem with reviewing the CUP for this site again in one year. RECOMMENDATION Review the conditional use permit for Budget Towing and Tire at 1291 Frost Avenue again in one year or sooner if a problem arises or if the owner proposes a significant change to the site. Kr /p:secl61budget fire review.03 Attachments: 1. Location Map 2. Site Plan 3. September 23, 2002 City Council Minutes Attachment 1 r - - 1 r i 4— - II - -- \ I lk, 1�, �, -_'- -- - - - -'- ewaY Trail _ - -1 v' ' Gat -- Maplewood Lanes � Q Id - —� Frost Aven 1291 Frost Ave. City Open Space �1�111]ll� j j ,- .� ■ 11 1 j 1 CD i ■i ■ I a Location Map 2 Attachment 2 STO R E SE -RV ICE S7A. 1 Ile Z w I ' } Site Plan K L 1 Q O R.... STO R E SE -RV ICE S7A. 1 Ile Z w I ' } Site Plan K 8. No vehicles may be towed, parked, or stored at this location. Attachment 3 9. The following improvements must be made to the building and property by June 1, 2003: paint the building, remove the black paint from the windows, remove the old oil tank from the west side of the building, and install landscaping in the front of the property. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmember Collins Nays - Councilmembers Koppen, Juenemann and Wasiluk Motion Failed. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit as described in the staff report for the exterior display of tires at 1291 Frost Avenue: RESOLUTION 02 -09 -158 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Roy Carlson applied for a conditional use permit to display ten tire racks at Budget Towing and Tire; WHEREAS, this permit applies to property located at 1291 Frost Avenue, Maplewood, Minnesota. WHEREAS, the legal description is Lot 3, Block 1, Lincoln Park; WHEREAS, the Ramsey County Property Identification Number for this property is 16- 29 -22 -14 -0094; WHEREAS, the history of this conditional use permit is as follows: On September 4, 2002, the planning commission recommended that the city council approve the conditional use permit. 2. On September 23, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from 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 approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 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 enviromnental effects. Approval of the conditional use permit is subject to the following conditions: The exterior display of tires is limited to normal business hours (either 7 a.m. to 7 p.m. or 8 a.m. to 8 p.m.). All tires must be stored inside the building during close of business. 2. The exterior display of tires is limited to 10 tire racks that hold 18 tires each. The exterior display of tires is limited to the west side of the building and toward the front of the west garage door. 4. The conditional use permit shall be reviewed for compliance with the required conditions in the event the property is leased to a new business that intends to operate an automobile related business with exterior tire display. 5. If the conditional use permit for exterior display of tires is abandoned and ceases for a continuous period of one year or more, the conditional use permit will become null and void. 6. Pavement on the site must be repaired and resurfaced by June 1, 2003. 7. The conditional use permit for the exterior display of tires shall be reviewed again in one year. 8. No vehicles maybe towed, parked, or stored at this location overnight (excluding one tow truck which may be parked on the exterior of the building overnight). 9. The following improvements must be made to the building and property by June 1, 2003: paint the building, remove the black paint from the windows, remove the old oil tank from the west side of the building, and install landscaping in the front of the property. Seconded by Councilmember Wasiluk Ayes -All AGENDA ITEM G -7 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Erin Schacht, Civil Engineer 1 SUBJECT: Kennard /Frost Area Street Improvements, City Project 02 -10: Resolution for Modification of the Existing Construction Contract, Change Order 4 DATE: September 15, 2003 Introduction /Summary During construction there are often unforeseen changes from the original plans and specifications The city council will consider approving the attached resolution directing the modification of the existing construction contract. Background The changes described in this change order (CO #4, $10,101.01) are for changes in the scope of sanitary sewer service work, water main and storm sewer work from what was initially planned. Budget Impact Approval of this resolution would increase the construction contract by $10,101.01; however, these expenses will fall within the original project budget. Of the total for Change Order No. 4, $4,096.30 is St. Paul Regional Water Services responsibility. The general fund will increase by $6,004.71 for storm sewer improvements. A final project reconciliation will reapportion funding based on the cost of work. Recommendation It is recommended that the city council approve the attached resolution Directing the Modification of the Existing Construction Contract for the Kennard /Frost Area Street Improvement Project, City Project 02 -10. EMS jw Attachments: Location Map Resolution Change Order No. 4 U wl LAURIE RB. z ql LAURIE < R11. < J herwoodZ H YJ �I Y .iJ Q Q SAND HURST a Fork z n AVE. > N � T O Q ez Ol�� C o. d tone B Y a RD. 8 > L P rk E BURKE AVE � BURKE/ AVE. ' I �. Fn � co' m ty\ �7 ELDR DGE AVE, -64 @ �center _ John Glenn 1 BELMON LN. g GATE WAY f crryl qR SK1 LM AN HARRIS w w > ¢ ROSEWOOD AV _ U R Paood C` ROSE_WQ D _ AN V. 4 RAMSEY COUNTY AVE S. �� z � Q`v r,,� � NURSING HOME A FAIR GROUNDS s T INI AVE. ¢ a E - -, 150 GOODRICH Lu GOLF ALDRICH MM ER AV wi ���SU MMES AVE. L" r GOURSEQ o w ARENA � Park eld�ll � Q > z �� RIPLEY I —21 m ��. Wakefield�� Y � �� < KINOST A \�Loke / cc z a m Ln PHI A DAVE r i, L LLJ cn a PRICE 1 PR CI E -� LARPENTE AVE � n54 rl Project location no scale Exhibit 1 \SBSKRRpJ`.Og- i0 >BWG.F� -0S ICCaT - OMWG 02/19 {2302 ] LSd PN CDT Project Location Kennard /Frost Area Improvement 02 -10 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. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 in the amount of $10,101.01. The revised contract amount is $2,246,711.28. No revisions to the project budget are required at this time, as these changes fall within the original project budget. CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Kennard Frost Area Street Improvement Project LS Change Order No.: 4 Project No.: 02 -10 west of Kennard - SPRWS. Date: 9-15-03 Contractor: T.A. Schifsky & Sons, Inc. Lowered water main on Maryknoll The following changes shall be made in the contract documents: (Work not covered under contract) Descriotion Unit Quanti. Price Total Work on storm manhole 42 LS 1 $925.40 $925.40 at Kennard St. & Larpenteur. 1 $726.00 $726.00 Lowered sewer service at LS 1 $2,194.91 $2,194.91 1860 Flandrau SL due to storm sewer. $10,101.01 Original Contract: $2,206,112.28 Lowered sewer service at 1856 LS 1 $1,977.44 $1,977.44 Flandrau St. due to storm sewer. Orders No. 1 to No. 4 : $40,599.30 Work on sewer service at 1818 LS 1 $961.95 $961.95 Flandrau St. due to SPRWS Lowered water main on Maryknoll LS 1 $1,256.35 $1,256.35 west of Kennard - SPRWS. Lowered water main on Maryknoll LS 1 $1,878.00 $1,878.00 west of Kennard St. - SPRWS . Time for storm sewer removal LS 1 $726.00 $726.00 Rock removal LS 1 $180.96 $180.96 TOTAL $10,101.01 Original Contract: $2,206,112.28 Net Change of Prior Change Orders No. 1 to No. 4 : $40,599.30 Change This Change Order: $10,101.01 Revised Contract: $2,246,711.58 Approved Recommen Agreed to b Its AGENDA ITEM G -8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Chuck Vermeersch, Civil Engineer I SUBJECT: Hazelwood Street Improvements, City Project 01 -16 — Resolution Revising Assessment Hearing Date DATE: September 10, 2003 Introduction At their 8/25/03 regular meeting, the city council approved the award of bid, ordered the preparation of the assessment roll, and ordered the assessment meeting for the project for 7:00 p.m., Monday, September 22, 2003. Staff was unable to publish the required public notice in time to meet the requirements of the applicable statutes. Continuation to October 13, when the required duration of public notice will have been satisfied. is recommended. Process The Council should simply approve the attached resolution changing the hearing date to 7:00 pm on October 13, 2003. Recommendation It is recommended that the city council approve the attached resolution for the Hazelwood Street Improvements, Project 01 -16, which continues the Assessment Hearing for 7:00 p.m., Monday, October 13, 2003. CJV N✓ Attachments: Location Map Resolution L 4Cf - +,,OY1 M AP : gu z.e lwood Stcmt-, p ra je,,4 01 -1(A RESOLUTION REVISING ASSESSMENT HEARING DATE WHEREAS, a resolution of the city council adopted the 25th day of August 2003, fixed a date for an assessment hearing on the proposed project Hazelwood Street Improvements, City Project 01 -16; AND 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 is on file in the office of the city engineer; AND WHEREAS, the city council ordered that the assessment hearing be held at 7:00 p.m on the 22nd day of September 2003, at the city hall; AND WHEREAS, The required fourteen days mailed notice and two weeks published notice of the hearing was not satisfied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The Assessment Hearing shall be continued to the 13 day of October 2003, at the city hall at 7:00 p. m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. AGENDA NO. G9 AGENDA REPORT TO: City Council FROM: City Manager RE: Budget Change for Laptop Computers DATE: September 17, 2003 Recently Council agenda packets have been converted to a digital format. This has eliminated the need to duplicate and distribute a large number of paper agenda packets which has saved time and money. Paper copies are still available as needed. Some city staff members have started to bring laptop computers to council meetings to view the digital version of agenda reports. Additional laptop computers are proposed to be purchased so that Council members could receive and view the digital version of the agenda packets. The cost for five used laptop computers will be approximately $1,500. If the Council is interested in using laptop computers, it is recommended that a $1,500 budget transfer from the General Fund contingency account be approved. S \fi na nce \word \misc \lapto ps Agenda G -10 MEMORANDUM TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Director of Parks and Recreation DATE: September 16, 2003 for the September 22, 2003 City Council Meeting SUBJECT: Resolution Authorizing Submittal of Ramsey County Soccer Partners Grant and Accepting its Terms Introduction The City Council has approved the development of Afton Heights Park. As part of the redesign and redevelopment of Afton Heights Park, the city has included two soccer fields. The two new soccer fields will be the first dedicated soccer fields for the city south of Larpenteur Avenue. The city's primary soccer facility is Hazelwood Park. Ramsey County has established a countywide grant program to encourage the development of new soccer fields. Background The City Council awarded the phase one development of Afton Heights Park to Carl Bolander and Sons on Monday, September 8, 2003. In addition to awarding the contract, the city established a budget in the amount of $800,000. The budget was predicated on the submittal and ultimate approval of a $100,000 matching soccer grant from Ramsey County. Staff submitted the original grant request in June 2003 in anticipation of the Afton Heights Park project proceeding. The preliminary grant review process has been completed and Maplewood has been recommended by the countywide soccer committee for a $100,000 development grant. As part of the grant process, a resolution by the City Council is necessary indicating that the city will accept the terms of the grant program. The terms of the grant program require the city to have the park facilities remain open to the public and the monies be utilized to develop and establish new soccer facilities. The city will meet and exceed all grant requirements. Recommendation Staff recommends that the attached resolution be adopted and submitted to Ramsey County to finalize the Ramsey County soccer matching grant application. kd \siccergrant.mem Attachment RESOLUTION AUTHORIZING THE SUBMITTAL OF GRANT APPLICATION FOR RAMSEY COUNTY SOCCER PARTNERS PROGRAM AND ACCEPTING ITS TERMS WEREAS, the Ramsey County Board of Commissioners has established the Ramsey County Soccer Partners Program to accelerate the acquisition and development of youth soccer facilities in Ramsey County, WHEREAS, the City of Maplewood is directly involved in providing soccer programs and facilities for over 2,600 youth each year, WEREAS, Ramsey County intends to award matching grants totaling $1 million in 2003, NOW THEREFORE, be it resolved by the City Council for the City of Maplewood, Minnesota: 1. The City Council hereby authorizes staff to submit an application for the Ramsey County Soccer Partners Program Grant. 2. The City hereby accepts the terms of the grant program as set forth in the request for grant applications. The motion for the adoption of the foregoing resolution was duly moved by Council Member and seconded by Council Member Upon vote being taken thereon, the following voted in favor The following voted against the same: WHEREUPON said resolution was declared duly passed and adopted the 22"' day of September, 2003. Clerk Attest Mayor City Manager Agenda # H1 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Tax - Exempt Revenue Financing — Mounds Park Academy LOCATION: 2051 Larpenteur Avenue East DATE: September 8, 2003 INTRODUCTION Mounds Park Academy (MPA) is requesting that the city council approve up to $4.7 million in tax - exempt revenue note financing. They would use this financing to pay -off existing revenue bonds from 1993, to cover the costs of recent capital projects and to buy property. MPA is a co- educational, private, independent school that serves grades K — 12 and is located at 2051 Larpenteur Avenue. (See the maps on pages two through four.) MPA is requesting that the city approve this financing so the bond interest would be tax - exempt. The state and federal governments require local government approval of tax - exempt financing. BACKGROUND On August 23, 1993, the city council approved a request from Mounds Park Academy for up to $4.1 million in tax - exempt financing. DISCUSSION This request should meet the city's requirements for tax - exempt financing. Maplewood will not be liable for this financing. RECOMMENDATION Approve the attached resolution starting on page five. This approves Maplewood giving approval for up to $4.7 million in tax - exempt revenue financing for Mounds Park Academy at 2051 Larpenteur Avenue. p /Sec 14 /mpa tax- exempt fin.doc Attachments: 1. Location Map 2. Area Map 3. Area Map (Enlarged) 4. Financing Approval Resolution Attachment 1 OR. Y E Knuc Ue d Lake GAME AVE. Z L AVE. COPE AVE. LARK < AVE T�L RD. a LAURIE = RD. w O' ' 700 3400' f Y AVE s d CD. RD. B 3 ® BURKE AVE „rk� o" I— 2 care t °� SCALE HARRIS AVE u W ROSEWOOD AVE. N. < Ros o Av. "" NuR �EAAND NORTH SAINT PAUL FAJR AVE ALDRICP . I HOLLOWAY AVE. El tn R AVE. ARENA w QP �i �n 2. SU 5 �i . u• 9 � a 3. KNOLL r,, > RIPLEY AVE RI P AV 3kwrold ; Lake ; o m �n KINGSTON KiNGSTO 1 i 9 AVE. PRICE AVF- AICXNRW w rc LN a. LARPENIEUR A w o : IDAHO Al LOCATION MAP 2 . N r �L A c COYM DR t ANM 2 M rI w 2 4 9080 f —• t m� LOCATION MAP 2 . N Attachment 2 wimr-qTnN AVE 0 I LARPENTEUR AVE AREA MAP 3 I 'i I N M IPA 0 I LARPENTEUR AVE AREA MAP 3 I 'i I N Attachment 3 vt 2025 2027 2051 LARPENTEUR AVE 1763 B. � ID W 1T In I S UT 1769 1763 1757 1749 1743 RIPLEY AVE 1737 1990 1998 1717 1722 26% 1695 1714, 1792 TAW 1786 7 1700 '1780 4772 l9w low KINGSTON AVE 4766 - fg - W — 1996 1758 :1752 PRICE AVE 1738 vt 2025 2027 2051 LARPENTEUR AVE 1763 B. � ID W 1T In I S UT 1769 1763 1757 1749 1743 1727 1737 2135 1727 1717 1722 26% 1695 1714, TAW Allo 7 1700 1686 vt 2025 2027 2051 LARPENTEUR AVE 1763 B. � ID W 1T In I S UT 1769 1763 1757 1749 1743 1737 2135 1727 1717 1707 26% 1695 AREA MAP (ENLARGED) 4 1 11 1 �Nl Attachment 4 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF EDUCATIONAL FACILITIES REVENUE BONDS, TO PROVIDE FUNDS FOR AN EDUCATIONAL FACILITY PROJECT, ON BEHALF OF MOUNDS PARK ACADEMY BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City "), as follows: 1. Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act "), authorized to issue and sell its revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment. 2. Authorization of Project: Documents Presented Mounds Park Academy, a Minnesota nonprofit corporation (the "Borrower'), has proposed to this Council that the City issue and sell its City of Maplewood, Minnesota Educational Facilities Revenue Bonds (Mounds Park Academy Project), Series 2003A in substantially the form set forth in the hereinafter - mentioned Indenture (the "Bonds'), pursuant to the Act and loan the proceeds thereof to the Borrower, in order to provide financing to refund the City's outstanding Educational Facilities Revenue Bonds, Series 1993 (Mounds Park Academy Project), to reimburse the Borrower for expenses incurred in its locker room remodeling project and to acquire the real property located at 2025 Larpenteur Avenue East in the City (the "Project"). Forms of the following documents relating to the Bonds have been submitted to the City: (a) Loan Agreement (the "Loan Agreement") dated as of September 1, 2003 between the City and the Borrower, and (b) Indenture of Trust (the 'Indenture ") dated as of September 1, 2003, between the City and U.S. Bank National Association, as trustee (the "Trustee "); and (c) Letter of Credit and Reimbursement Agreement (the "Reimbursement Agreement"), dated as of September 1, 2003, between the Borrower and U.S. Bank, National Association (the "Bank "); and (d) Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between U.S. Bancorp Piper Jaffray, Inc. (the "Underwriter"), the Borrower and the City; and (e) Form of the Official Statement, which together with all Appendices thereto and the insertion of the final underwriting details of the Bonds, including the interest rates thereon, and any other changes deemed necessary or desirable, is intended to constitute the final Official Statement (together the "Official Statement"). Findings. It is hereby found, determined and declared that: (a) On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business 5 I56639M1 within the meaning of Subdivision 2 of Section 469.153 of the Act; that the Project furthers the purposes stated in Minnesota Statutes, Section 469.152; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City provide higher educational services for students, to help prevent the movement of talented and educated persons out of the state and to areas within the state where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community. (b) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement or the Indenture or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. (c) The execution, delivery and performance of the City's obligations under the Bonds, the Indenture, the Bond Purchase Agreement and the Loan Agreement do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreement provides for payments by, or on behalf of, the Borrower to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Borrower to pay for all costs of operation and maintenance of the Project facilities, including adequate insurance, taxes and special assessments. (f) Under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the Loan Repayments to be made by the Borrower under the Loan Agreement); and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 1566390x1 4. Approval and Execution of Documents The forms of Loan Agreement, Indenture and Bond Purchase Agreement referred to in paragraph 2, are approved. The Loan Agreement, Indenture and Bond Purchase Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Clerk, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof; and then shall be delivered to the Trustee. 5. Approval. Execution and Delivery of Bonds The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount not to exceed $4,800,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final forth of the Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 30 years or such rates of interest exceed 10.00% per annum. The Underwriter has agreed, pursuant to the provisions of the Bond Purchase Agreement and subject to the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the final form of the Bond Purchase Agreement, and approval of said purchase prices shall be conclusively evidenced by execution and delivery of the Bond Purchase Agreement by the officers of the City authorized to do so by the provisions of this Resolution. The Mayor, City Clerk and other City officers are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by the Indenture, for authentication, registration and delivery to the Underwriter. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement The City hereby approves the forth of and consents to the circulation by the Underwriter of the Official Statement in offering the Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and makes no representations or warranties as to, the accuracy or completeness of such information. 7. Certificates, Additional Agreements. etc. The Mayor, City Clerk and other officers of the City are authorized and directed to prepare and furnish to bond counsel and the purchasers of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, such additional agreements as may be necessary in connection with the issuance of the Bonds and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 156090 vi Adopted by the City Council of the City of Maplewood, Minnesota this _ day of September, 2003. Mayor ATTEST: Clerk 8 1566390v1 Agenda # H2 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Tax- Exempt Revenue Refinancing- Group Health LOCATION: 2165 White Bear Avenue DATE: September 11, 2003 INTRODUCTION Group Health (Health Partners) is requesting that the city council give approval of a joint powers agreement with the City of St. Paul and the City of Minneapolis for refinancing of existing Tax- Exempt Revenue Bonds. The specific request is to refinance the 1992 bonds in the approximate amount of $85,000,000. St. Paul and Minneapolis will be issuing the bonds, however, State and Federal law requires local government approval of tax - exempt financing. Group Health is a Minnesota nonprofit corporation that provides health and dental services to people in Minnesota including residents in Maplewood and the County. BACKGROUND In 1992, the city council approved a request of Group Health for host approval for tax - exempt revenue bonds. RECOMMENDATION Approve the resolution starting on page four. This agreement is for Maplewood giving approval of the continued participation in the refinancing of tax- exempt bonds for Group Health (Health Partners). This approval is subject to this request meeting the city's tax - exempt financing requirements. p /Sac 10 /health partners refin 2003.doc Attachments: 1. Location Map 2. Area Map 3. Resolution of Approval Attachment 1 U KOHLMAN AVE Z AD C. W N 7 gr 7 z W �l {/u U � W U AVE. S r IiCKVA1J �i GRANDVIEW AVE. l VIKING DR. SHERREN AVE. Y o x SO HIA AV � COPE Nc We GO URSEQ W AVE. ARENA \f !• v w ® RD. Psl Zs.,ra PaR �. pp URST RIPLEY AVE. i�� RI PLEY KIN 10> �n KINGSTON AVE AVE. o �+ N PRICE AVE a g 4 1 W AVE. Y UM B�N AV. AVE _El t W r AV E SU AA AVE 3 � n om_ Y o x SO HIA AV � Lake AVE. Dj n_ LAR i AVE. AVE. HARRIS AVE. ROSEWOOD AVE. INVE D . S. J rn � Coma te_ KOHLMAN AVE `•J,at RD. EL aTM ti AVE z IyW "T � CASTLE AVE.y z COPE AVE LAURIE RD. 0' 1701 W V W < a0• xd w a: RAMSEY COUNTY NUR HOM FAIR GROUNDS ALORICH . GOODRICH HOLLOWAY Nc We GO URSEQ PRK:E ARENA AVE pg tg AVE w ® Lake AVE. Dj n_ LAR i AVE. AVE. HARRIS AVE. ROSEWOOD AVE. INVE D . S. J rn � Coma te_ KOHLMAN AVE `•J,at RD. EL aTM ti AVE z IyW "T � CASTLE AVE.y z COPE AVE LAURIE RD. 0' 1701 W V W < a0• xd w a: RAMSEY COUNTY NUR HOM FAIR GROUNDS ALORICH . GOODRICH HOLLOWAY Nc We GO URSEQ ARENA AVE pg tg AVE AVE. ® Psl LL pp RIPLEY AVE. i�� RI PLEY KIN 10> �n KINGSTON AVE �+ N PRICE AVE a 4 1 W Y UM LOCATION MAP z � S � " W E El AVE pg tg AVE AVE. ® TANT LL 4 N z A ttac h me n t 2 i F L _ LAURIE RD ... _.. ,y 5 1726 1734, Z 2 M k O u �7 72255 ,v s lot �O oy Q Q- 22W 1715" SANDHURSTAVE }_ 2165 SITE �P 1' 2152 1726 1732 I 2196 rw , AREA MAP 2220 2210 I M M m M D A D M �N. 0 Attachment 3 RESOLUTION NO. _ RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc., a Minnesota nonprofit corporation ( "Group Health "), currently operates facilities located at 2165 White Bear Avenue in Maplewood (the "Local Facilities "). WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Minneapolis, Minnesota, jointly issue Health Care Facility Revenue Bonds in the approximate principal amount of $85,000,000 (the 'Bonds ") to finance or refinance various capital expenditures made by Group Health in approximately 9 cities located throughout the State of Minnesota, including the Local Facilities. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of the Bonds following a public hearing. WHEREAS, a public hearing on the issuance of the Bonds to finance or refinance capital costs incurred at the Local Facilities was held by the Maplewood City Council on September 22, 2003. WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the City of Maplewood, the Housing and Redevelopment Authority of the City of Saint Paul, the City of Minneapolis or any other political subdivision but will be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that the City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. The motion for the adoption of the foregoing resolution was made by seconded by and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted this 22n day of September, 2003. Mayor Attest: City Clerk 1562265v1 Agenda # Jl REPORT SUMMARY Applicant: Site Address: Zoning: Existing Land Use: Proposed Land Use: City Council Hearing Date: Hmong American Alliance Church 2515 Maplewood Drive North Light Manufacturing Light Manufacturing Church September 22, 2003 Project Description: The Hmong American Alliance Church is proposing to purchase the Maplewood Industrial Park building at 2515 Maplewood Drive North and renovate the building for their church, currently located in North St. Paul. Request: The church is requesting the following city approvals: Comprehensive land use map amendment from Light Manufacturing to Church (this action requires four city council votes). 2. Conditional use permit for a church to be located in a light manufacturing zoning district. 3. Design review. Recommendations: Staff recommends the city council approve the comprehensive land use map amendment, conditional use permit, and design review. The planning commission recommended approval of the comprehensive land use map amendment and conditional use permit at their August 4, 2003, meeting. The community design review board recommended approval of the design review at their August 12, 2003, meeting. Y'u�6 1Z1:I11Ih5 TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Project Description Richard Fursman, City Manager Shann Finwall, Associate Planner Hmong American Alliance Church J. Kou Vang 2515 Maplewood Drive North September 15, 2003 Mr. J. Kou Vang, representing the Hmong American Alliance Church, is proposing to purchase the Maplewood Industrial Park building at 2515 Maplewood Drive North and renovate the building for their church, currently located in North St. Paul. Refer to the originally submitted applicants' statement of purpose, pictures and plans attached on pages 12 through 26. Requests In order to operate a church in this location, the applicants have requested the following city approvals: Comprehensive Land Use Map Amendment from Light Manufacturing to Church. 2. Conditional use permit (CUP) for a church. 3. Design review. BACKGROUND 1979: The city council approved a CUP for the construction of an office- warehouse building on this site. 1985: The city council approved a CUP for the operation of an auto repair and used car sales business on this site. Fall 2002: City staff administratively approved Countryside Motors use of this site for temporary storage of new automobiles during the construction of their expanded sales /storage lot. August 25, 2003: The city council tabled the Hmong American Alliance Church's request for a comprehensive land use plan amendment, conditional use permit and design review until September 22, 2003, to allow the applicant time to address concerns expressed by the city council including wetland buffer setbacks, impervious surface coverage, and grading and drainage. DISCUSSION September 12, 2003, Revised Plans On Friday, September 12, 2003, the applicants submitted a revised site plan and supporting letter (attached on pages 27 through 29). This plan reflects a reduction in the number of parking stalls from 280 to 263. The new plan still exceeds the city's parking stall requirement of 258 parking stalls for this size of church. The applicants were proposing the new parking lot layout to ensure the parking lot met the city's required wetland setbacks, which are an average of 25 feet and a minimum of 20 feet from the Class 4 wetland located on the northwest side of the site. The revised parking lot layout now meets the wetland setback requirements. The applicants also submitted a revised grading /drainage plan with supporting documentation from their engineers at Schoell & Madson, Inc. (attached on pages 30 through 34). Chuck Vermeersch, engineer with the City of Maplewood, reviewed the revised plan and states that the applicants' engineers have addressed all of the city's original grading and drainage comments, with the exception of a required drainage and utility easement, which will be a requirement prior to issuance of a grading or building permit. September 16, 2003, Proposed Revisions After submittal of the plans the applicants spoke with Councilmember Juenemann to ensure all of her concerns as outlined in the August 25, 2003, city council meeting were addressed. Councilmember Juenemann stated that she still had concerns with the amount of impervious surface, lack of play area, and lack of a formal shared parking agreement with Metro Transit. After this discussion, the applicants were able to obtain a written letter of intent from Metro Transit (attached on page 35). Tracey Jackson of the engineering and facilities division of Metro Transit submitted the letter that states that Metro Transit is interested in preparing an agreement with the Hmong American Alliance Church to share parking spaces. In order to alleviate Councilmember Juenemann's concerns regarding impervious surface and lack of play area, the applicants have agreed to revise the site plan to show the removal of the most westerly portion of the parking lot, which would mean a reduction in the number of parking stalls from 263 to 248. In place of the 15 parking stalls, the applicants propose a manicured lawn area in addition to the originally proposed evergreen trees. The applicants will have a revised site plan depicting this change prepared for the September 22, 2003, city council meeting. With this revision, the parking lot would be 10 parking stalls short of the city's parking requirements of 258. The city's parking code states that all parking stalls shall be located on or near the lot on which such use is situated. Metro Transit's park and ride lot is located one -half block, or approximately 350 feet, to the north of the church's lot. For this reason, staff considers the park and ride lot near the church's lot and feels comfortable with the minor reduction in the number of parking stalls as long as the church and Metro Transit formalize a shared parking agreement which includes the construction of a trail from the park and ride lot to the church. Screening At the August 25, 2003, city council meeting, staff indicated that the single - family property at 2497 Maplewood Drive, which is located to the south of the proposed Hmong American Alliance Church site, was recently sold for a commercial use. Because of this staff was not recommending the required 20- foot - screening buffer on the south side of the property. After the city council meeting Betty Peltier, owner of 2497 Maplewood Drive, contacted staff and indicated that the sale of her property had fallen through. She indicated that she and her husband were not going to actively attempt to sell their property again until next spring, as her husband is currently completing the construction of a cabin that they will move into after the sale of their home. Their intent is to sell their property to a commercial entity, in combination with the property owner to the south at 2483 Maplewood Drive, by next fall. In the interim, Ms. Peltier Hmong American Alliance Church 2 September 15, 2003 requested that a 6- foot -high fence be constructed on the shared property line with the proposed church to ensure screening as long as she and her husband are living in the house. Staff finds the 6 -foot -high fence a fair compromise from the required 20 -foot screening buffer since the residential use will not be in place for much longer. The applicants are agreeable to the fence. COMMITTEE ACTIONS The planning commission recommended approval of the comprehensive land use map amendment and conditional use permit for the proposed church at their August 4, 2003, meeting (refer to the 8/4103 minutes attached). The community design review board recommended approval of the design review for the proposed church at their August 12, 2003, meeting (refer to the 8112/03 minutes attached). SUMMARY Throughout the city's review of the proposed church, the applicants have been willing to make all proposed changes by the city council, staff, planning commission and design review board in order to ensure a quality development that is compatible with the surrounding neighborhood. One of the city's comprehensive plan goals is to protect and strengthen neighborhoods. A church is an important part of a neighborhood. Another goal is to protect neighborhoods from intrusion of incompatible land uses by buffering and separation. With all of the proposed changes, the church will act as a buffer between the commercial uses to the south and the residential uses to the north and west. For these reasons, staff supports the use of the site as a church. RECOMMENDATIONS Adopt the Land Use Plan change resolution on page 36. This resolution changes the Land Use Plan from Light Manufacturing (M -1) to Church (C) for the proposed Hmong American Alliance Church at 2515 Maplewood Drive. The city is making this change because the proposal will: a. Provide for orderly development. b. Protect and strengthen neighborhoods. C. Preserve natural features where practical. d. Minimize conflicts between land uses. 2. Adopt the resolution on pages 37 and 38. This resolution approves the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. The city bases this permit on the findings required by the code and subject to the following conditions (staff's 9115103 additions are in bold and deletions are stricken). a. All construction shall follow the plans date - stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. b. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. Hmong American Alliance Church 3 September 15, 2003 C. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. The city council shall review this permit in one year. 3. Approve the plans date - stamped June 26, 2003, and September 12, 2003, for the Hmong American Alliance Church at 2515 Maplewood Drive North. Approval is subject to the applicant doing the following (Community Design Review Board 8112/03 additions to conditions are underlined and staff 9115103 additions are in bold and deletions are stricken): a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a grading or building permit: 1) Final grading, drainage, utility and erosion control plans that include specifications for a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. These plans shall meet the requirements of the city code and the city engineer. 2) A building permit will be required for all retaining walls on the site that exceed 4 feet in height. 3) Revised site plan showing the removal of 15 parking stalls from the west side of the lot that the expanded parking let is set bask an average f 25 fee! with a FR ..f Old feet to the delineated %.e-Hand. 4) Dedicating a wetland protection buffer easement (average 25 feet from delineated wetland) along the Class 4 wetland. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a grading permit. Hmong American Alliance Church 4 September 15, 2003 5) A survey completed by a registered land surveyor showing the existing conditions, wetland buffer easement, and location of the proposed parking lot. A registered land surveyor must also stake the location of the expanded parking lot and the wetland buffer easement on the property. 6) Revised building elevations showing additional design elements (such as the removal of smooth stripes and addition of windows). The revised building elevation to be approved by staff before the city issues a building permit. 7) A revised landscape /screening plan showing the following: a) The replacement of Colorado blue spruce with a similar evergreen tree. b) The replacement of all amur maples with a similar shrub. C) A 6 -foot -high, maintenance -free fence to be constructed on the north property line, from the front of the property approximately 180 feet to the west, where Deauville Drive begins in the manufactured home park. d) Revision of landscaping on the north side of the parking lot to take into account the fence, and to add an evergreen screen from the end of the fence to the wetland buffer line. The evergreen screen must create an 80 percent opaque screening from the parking lot to the residential properties to the north. e) Location of in- ground lawn irrigation system for all landscaped areas as required by city code. f) A 6- foot -high, maintenance -free fence to be constructed on the south property line, from the front property, extending to the usable rear yard of the residential property at 2497 Maplewood Drive to provide screening for these neighbors. Location and length of fence to be approved by staff and owner of 2497 Maplewood Drive prior to installation. g) Revision of landscaping on the west side of the lot to take into account the removal of 15 parking stalls. 8) A trash enclosure plan showing the location and the materials to be used. The trash enclosure must be compatible with the building and must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 9) A revised photometrics plan showing the style and height of exterior lights. The maximum luminary allowed at the property line is .4 foot candles and the maximum height of the parking lot lights is 25 feet as measured from ground grade to the top of the luminary. Hmong American Alliance Church 5 September 15, 2003 10) 11) A shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 12) 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. C. The applicant shall complete the following before occupying the building: 1) Install a reflectorized stop sign at the exits and a handicap - parking sign for each handicap accessible parking stall. 2) Construct a trash enclosure to meet code requirements, unless trash dumpsters are stored indoors. 3) Provide continuous concrete curb and gutter around the parking lot and driveways. 4) Install all required landscaping, fencing, and an in- ground lawn irrigation system by June 1 if the church is finished in the fall or winter, or within six weeks of completion if it is finished in the spring or summer. 5) Install all required exterior lights. 6) Install city approved wetland signs at the edge of the wetland buffer that specifies that no building, mowing, cutting, grading, filling or dumping be allowed within the easement. 7) Paint all rooftop mechanical equipment to match the building if visible from the street or adjacent residential properties. 8) Painting the entire building, including the new raised roof addition. 9) Construction of a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. Hmong American Alliance Church 6 September 15, 2003 e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. All work shall follow the approved plans. The director of community development may approve minor changes. Hmong American Alliance Church 7 September 15, 2003 CITIZEN COMMENTS I surveyed the owners of the 33 properties within 500 feet of this site. Of the 11 responses received, one supported the proposal and ten opposed it as follows (these responses were received prior to the above - mentioned revisions): Support: Charisse Hall, property manager, Maplewood Industrial Park Building: While we are biased (we are the sellers), we really do believe that this project would be a more pleasant transition from the businesses to the north to the manufactured homes to the south. The neighbors would not have to deal with trucks coming and going, which would greatly reduce the noise in the neighborhood. The church plans to greatly improve the exterior of the building as well, making the building more aesthetically pleasing. Oppose or Express Concern: Anna Brodt and Sabine Barker, 2513 Adele St. North: I am against building the church in this neighborhood. I am afraid that the traffic will increase on Cypress. They are not holding the speed limit of 30. Church will take the shortcut down Cypress. Enough churches in the neighborhood, now there will be one right in our back yard. There is going to be a concentration of one certain nationality. 2. Mike Smith, 2487 Cypress Street: I believe there is enough traffic on Cypress as it is. The businesses on Gervais Avenue currently use Cypress Street as a shortcut to County Road C. Even though the site has good access from the highway, there is no guarantee that people won't also use Cypress Street to somehow access the church. The property is set up as a business, not a church. There are currently already eight churches in the area including Arlington Hills and Trinity Baptist on County Road B, Freedom Love on White Bear Avenue, St. Jerome's on Roselawn, Lake Phalen Community Church on English, Church of the Latter Day Saints on Edgerton, Lakeview Lutheran Church on County Road C, and the Hmong Alliance Church on McMenemy. 3. Matt and Kelly Ubel, 2495 Cypress Street: First, we did not receive the notice via mail from the City of Maplewood. We were noted by our neighbors who live on the even numbered side of Cypress Street. We live on the odd numbered side of Cypress Street and I know there are four households who also said they did not receive the notice. Why was that? Second, when we built our home in 1998 we were told by the builder that all the surrounding areas outside of Mapleleaf Estates would remain Light Industrial! (With limited hours of operation). Third, we are very concerned with vehicle congestion. We only have two outlets from our home. Go north on Cypress to County Road C which goes to Highway 61 (which is always busy at the lights). The other is going south on Cypress, which veers around behind light industrial businesses to the service road (proposed Church site), which leads to Highway 61 (again, in morning rush hour and night rush hour it is very busy). Fourth, noise is also an issue. We can hear from our home very clearly all the traffic going by on Highway 61. We can also hear the car dealerships when they use their outside paging system. With having the Church Proposal we are concerned about all the vehicle noise seeing that the parking lots will be much closer to our home. What will the Hmong American Alliance Church 8 September 15, 2003 hours of operation be for the Church? How many days out of the week will the Church be open? The proposal states Church, however, in looking at the plans there is also a gymnasium, classrooms, kitchen, nursery etc. It sounds like it is more than just a Church and that issue needs to be addressed! My idea of a Church is simply that - a place of Worship, which is mainly used on Saturday late afternoon and Sunday A.M. with Religious Holidays throughout the year. We look forward to being placed on the mailing list. We also look forward to attend the Public Hearing. We trust that you will notify us! Thank you in advance. 4. Keith Brown, 2496 Cypress Street: 1 oppose the church for this area because there is already too much traffic in the neighborhood. There are an additional 500 housing units going in by the mall and there is a park and ride located down the street. I am not happy about this proposal and would like to fight it. There was no neighborhood discussion prior to this proposal. 5. Piotr and Mary Ann Nowak, 2033 Demont Avenue East: I have some concerns regarding the traffic flow for this community church in affecting not only the frontage road, but also the traffic on 61 /County Road C. 6. Laureen McGinley and Susan Hall, 2578 Cypress Street North: My question — how will this affect traffic around frontage road? How will it affect taxes as churches are nonprofit? How is parking going to be handled? This area is already congested with a church this size it will increase this problem. We disagree with proposal. 7. Gerald and Joanne Brelje, 2520 Cypress Street North: Absolutely not — we have enough problems in our neighborhood now that the police cannot or will not handle — we have a mayor who sees all of the ordinances and laws being broken and does nothing. No — No — No. 8. Janice Gudknecht, 1009 Demont Avenue East: I'm extremely concerned about the increase in traffic in the area if the building becomes a church. 9. John Guzik, 2512 Cypress Street North: My only concerns are these: that there be more than adequate parking spaces off street, that the church have their own playground so they don't take over the use of Kohlman Park. With these concerns addressed, I would welcome the Hmong Church. 10. Gwen Kingsbeck, 2498 Adele Street: My back yard provides a view of the proposed church and parking areas. While I do have concems regarding the loss of tax base and the increased traffic to the area my greatest concern is the proposed parking plan. The plan I received from you proposes the parking area extending all the way to the western edge of the property. This western edge of the property is currently heavily wooded and provides an effective screen for the homes to the west. Were the trees in this area removed, I and the others along my street would have a clear view of the parking area and the buildings. I believe removing this wooded area would devalue the homes in the area as well as destroy a beautiful natural area. Hmong American Alliance Church 9 September 15, 2003 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 6.46 acres Existing Land Use: Vacant industrial building with temporary automobile car storage SURROUNDING LAND USES North: Town and Country Manufactured Home Park South: Single - Family Home (recently sold for commercial use) East: Frontage Road /Highway 61 (Maplewood Drive) with Automotive Dealership Across the Highway West: Single - Family Homes PLANNING Existing Land Use Plan: Light Manufacturing (M -1) Proposed Land Use Plan: Church (C) Existing Zoning: Light Manufacturing (M -1) Ordinance Requirements Section 36- 437(3) requires a conditional use permit for churches in any zoning district. CRITERIA FOR APPROVAL Land Use Plan Amendment: There are no specific criteria for land use plan changes. Any change, however, should be consistent with the goals and policies in the Comprehensive Plan. Four specific goals apply to this proposal: a. Provide for orderly development. b. Protect and strengthen neighborhoods. C. Preserve natural features where practical. d. Minimize conflicts between land uses. In addition, four specific policies apply to this proposal a. Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. b. Require commercial uses to make all necessary improvements to ensure compatibility with surrounding residential uses. c. Require adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential development. Hmong American Alliance Church 10 September 15, 2003 d. Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. 2. Conditional Use Permit: Section 36- 442(a) states that the city may approve a conditional use permit based on the nine standards for approval as outlined in the resolution on pages 37 and 38. Application Date The city received complete applications and plans for this proposal on June 26, 2003. State law requires that the city take action within 60 days of receiving complete applications for land use proposals, unless the applicant agrees to an extension. The applicant formally agreed to an extension during the August 25, 2003, city council meeting until September 22, 2003. As such, city action is required on this proposal by September 22, 2003. Attachments: 1. Statement of Purpose 2. Property Line/Zoning Map 3. Land Use Map 4. Address Map 5. Site Pictures 6. E )dsting Conditions Map 7. Site Plan 8. Grading Plan 9. Landscape Plan 10. Building Elevations 11. Floor Ptan 12. September 12, 2003, Revised Site Plan and Supporting Letter 13. September 12, 2003, Revised Grading Plan and Supporting Letter 14. Metro Transits Letter of Interest for a Shared Parking Agreement 15. Land Use Resolution 16. Conditional Use Permit Resolution Hmong American Alliance Church 11 September 15, 2003 Attachment 1 HMONG AMERICAN ALLIANCE CHURCH STATEMENT OF PURPOSE The Hmong American Alliance Church was establish in 1988. Two years after it was establish it purchased a church in North St. Paul located at 2329 17'' Avenue. It has been in operation at this current site since 1990 and has continued to grow. Since its founding, the church has continued to grow. It current has 234 families as member with a total congregation count of about 1,500 members including children. It is a young church with active member who are passionate about their faith as their community. The church strives to be an active part of its community and takes into consideration the community's impact prior to major decision are made. The Hmong American Alliance Church is requesting the City of Maplewood for a conditional use permit for the property located at 2515 Maplewood Drive North. The property is currently zone industrial and we are requesting that the zone be changed to a church zone. The property currently is an empty warehouse that is being used at storage lot for automobiles. Prior to this current usage it was a warehouse that housed a couple of businesses. We are proposing a major renovation and redevelopment of the site. We will be investing a significant amount of money to change the current building from a square block building into a building with character suitable for a church. Both the exterior and the interior We will be investing a significant amount of money in the landscaping of the property to increase its site appeal. We will increase the number of parking stalls on the site to accommodate our congregation so that we will have minim dependence on street parking thus reducing traffic issues along Maplewood Drive. The landscape plans call for new trees and shrub that will enhance the site's curb appeal. It also calls for appropriate elevations that are required to allow for drainage into the pond thus minimizing the usage of the city's sewer system. The site plan as submitted is drawn to meet our needs as well as those that are required by the city. We are not requesting any variance from city requirements. We have taken into consideration all set back requirement that is necessary for parking lot and public right - of -way. The site plan calls for increasing the size of the current parking lot to accommodate 280 parking stalls. The lot will be lighted within city guidelines for both aesthetic as well as safety purposes. 12 Statement of Purpose The interior of the building will undergo major renovation as well. We are proposing the raise the roofline of the bay furthers west to accommodate our sanctuary. The Sanctuary will be facing west with the main entrance of the church being in the second bay of the current building facing south. We will build all of our instruction rooms in the lower level as well as a chapel and a gym that will be utilize by the congregation youths. The church has a youth program that is second to none. They provide Sunday instructions, weekday programs, youth camps, choirs, and athletic programs with other congregations and numerous leadership opportunities. The elderly programs call for weekday services, special prayer sessions, counseling for both elderly and adult couples, choir, retreats and numerous leadership opportunities. The programs is geared towards creating opportunities for the elderly of the congregation to be able to interact and socialize in a Christian environment so that they are not isolated at home. The congregation is very excited about this project and the potential of a new home for its growing members. They have been operating in a building that is about 12,000 square feet that they have outgrown a number of years ago. This will also allow the church to continue with the good work that they are doing with the Hmong youth as well as with the Hmong elderly. 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B29BB -029 �T ID a) E V 4� -P SOUTH ELEVATION EAST ELEVATION NORM ELEVAIION WEST ELEVATION (F.1 rVATIONS @ 3/32'= I'01 n.� era 1, " AM O NG AMI CAN ALLOU UUM NORMAN JB RFALTY A RE A I[ I c 11 n.� era 1, " AM O NG AMI CAN ALLOU UUM NORMAN 1. , PH �W NO.. (LEI -71 rf�l (,'A W-o'. F l—b! A RE A I[ I c 11 evm I L rt LU co Lr) C%j 41 C E E t U T J-� Q s c In FIRST FLOOR PLAN SCVA1 /1 •,CgH1AGttVl1P1011GX1 .ry1ppLTIRpIIAplq I,..TTaRI. C. �'; 01 W.IXi9AN2 SECOND FLOOR PLAN 9GVA1 /IY•1 IF#VIMRIAA�J fV�cARN1.NipMMl0.Empµ� T9LPF1[ Jn aenLrr IA;W,9lfIY AYE ,Y. u rn0.Awsslw NOMAN RAq me ne euw N IlBRA0.Y 1➢V9TAAf.A N6W INIF.W® W.IXi9AN2 SECOND FLOOR PLAN 9GVA1 /IY•1 IF#VIMRIAA�J fV�cARN1.NipMMl0.Empµ� T9LPF1[ Jn aenLrr IA;W,9lfIY AYE ,Y. - - Amonc 41m1110 ALLIMU (41-M41 rn0.Awsslw NOMAN RAq me ne euw N r C E E L V ro Y Q N d d N co r N �� 9�Ib�o3 �a.w.w�vuwa.eo•ra war, PerwwY ru.,rx�en m. e. I IPN.�bMK1 Mlb�Y.6TY.NT[Vb�YPT MNO bPxNr. W//r/aYlPb r SITE PLAN ' 'RlrraJ In IS �ar� JB REAL n ,.�.. rnu, viniel Pti IR11N19BVr YK IOCAr4M rw ��p AmOM6 AmiAl (ANA IUAM(t (AUA(A V HOUWMAN hBCIIIIfCfS 61 f119A f 6YP1M 933 iNINN SiNEEi S9NiN WE9L NEW NNIGNi9N MN 55112 September 12, 2003 Ms. Shann Finwall City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Hmong American Alliance Church Dear Ms. Finwall: 051 931 9299 _J "(651639._9129 _ The following is a response to your engineering plan review comments that are listed as attachment 15 in the city council report summary from the hearing date of August 25, 2003. Paul Hudulla from the civil engineering company of Schoell & Madson has answered all items except numbers eight and ten. We have included answers here. Paul's letter is also attached. � 1-1 8. The wetland delineation was performed by Passe Engineering, October 2001. This is now noted on the grading plan. 10. Eighteen parking stalls have been deleted in the revised site plan to maintain a minimum of a 20' buffer at the wetlands. The site now has 2 63 stalls. I trust that this will address the councils two main concerns. 1. The wetlands buffer area and storm water quality runoff into the wetlands 2. Lessen the parking is possible. 28 A r Ac" ;; Revised Site Plan Le tter of Support info ➢ houwman cam www.hauwman cam We have also indicated where the trash enclosure is to be located. Cordially, Mr. Brian Houwman President Houwman Architects Enclosures (2) BF 29 I I �I Fu wTr..mn 1 All . ' z PF -- eug.xTru. At . T NO \ \ \ \cfo• ,,pow ° / /. ANN q de &vim a 95tPS:,� TAN MR All AN, . AF TNi w e 5 0 . �' 1 # I Asa ffi a�/ IN II— I \I �..v R w , INN", 1.11 IN N ", I_ I'll I I - t I •Ir��: .k { J 1.11 1 11A,1 I I L11 i 11.1 LEl 11111 A. L 11 NOTES: rvx/ cgrcFuNDR. Of TAE 'A.— IFFAIDAPENT. ITTATTATIL 0— ANTE R PRELIMINARY GRADING, DRAINAGE & EROSION CONTROL PLAN a WARNING Ri %u w °fez �a D, All ATANDA DATES —.11 FAII TOOM Am Fill C — � AI.ND T, ..m, , �..n.,.. .TZ RT.NA —.AD Ammm cI..m FIAT.. /0. w mAmzA Smnu .ww,i /c. Tr-FI: mewsA zl .�. T:w..R 11111 A. L 11 NOTES: rvx/ cgrcFuNDR. Of TAE 'A.— IFFAIDAPENT. ITTATTATIL 0— ANTE R PRELIMINARY GRADING, DRAINAGE & EROSION CONTROL PLAN a WARNING Ri %u w °fez �a D, All ATANDA DATES d TOOM Am Fill C — � S.M.I. PROJECT NO. 62966 -029 � T. � / fi Is M "I¢V i� R ti'SWf2L. ^/- I w�R j s: t NM1M I 1r / Q C N r - } xx iy pa I y� A R C Q .Trod o mv�aoa�a6tmv➢9 e.•„ _... ly ry eM r: i - .d A . r t. 01 Q P / .yO 55 ri .2 Oil p ... hp. ITT a m ',a... I a V me r, f x SWOE P A c C j M INAN, y , w� k,a. DAr ." TOO MAPLEWOOD CHURCH xvwm� SUND , .IA cEN0 !' +P.3::WORSNIp IAA T �� 876 66 REA 876 66 r R OOMS l IX x£ 879 33 f 6 f III ID w , di nr - / ANDID FOLA DATA 11 1 Fir 9 6 P I r i I I`t�..� 9° I . t P't 1 I.I�l. I I i 'wl\,I N ""�"_ " TO ` N. 11111 A. L 11 NOTES: rvx/ cgrcFuNDR. Of TAE 'A.— IFFAIDAPENT. ITTATTATIL 0— ANTE R PRELIMINARY GRADING, DRAINAGE & EROSION CONTROL PLAN a WARNING Ri %u w °fez �a D, All ATANDA DATES TOOM Am Fill C — 2 S.M.I. PROJECT NO. 62966 -029 i a, -- Schoell & Madson, Inc. Engineering • Surveying 9 Planning Soil Testing • Environmental Services www.schaelimadson.com MEMORANDUM To: Brian Houwman From: Paul Hudalla Date: 9/10/03 Re: Maplewood Church, City Comments The following is a point by point response to the City's engineering plan review comments dated July 17, 2003. flSrw�c�too Grading and Drainage Plan The north pond berm can not be eliminated due to impact it would have on trees that are to not be disturbed due to this development. Instead, the north pond has been made larger by placing a retaining wall around the perimeter of the pond. This allows a wet storage volume that is in compliance with NURP criteria. The runoff entering the pond for a 2.5" rainfall event is 0.316 acre -feet and the proposed wet storage has a volume of 0.338 acre -feet. The additional surface area of the pond also allows additional detention time. 2. 100 -year high water level of the north pond have been updated to reflect the revised design. 3. Top of berm elevations adjacent to ponding areas have been included on the grading plan. 4. Defined emergency overflows have been indicated on the grading plan for both of the ponds. The emergency overflow elevation has also been included and plans now indicate the use of a permanent soil stabilization blanket in these areas. 5. Erosion control on the construction site shall include silt fence, catch basin inlet protection and rock construction entrances. These items 31 Revised Grading /Drainage Plan Letter of Support have all been shown on the plan. In addition, a maintenance agreement for street /parking lot cleaning should be included in the developers agreement with the developer and the city. 6. The wet storage volume of the north pond has been revised to adhere to a volume acceptable by NURP standards and will remove adequate amounts of nutrients. The pond's depth has increased and is now 5.5 feet deep in the center of the pond. This additional depth will assist in removal of suspended solids and nutrients. 7. Rainwater gardens and other BMP's have been considered for the proposed site. Due to lack of space, high cost and the amount of maintenance required for such devices, they are infeasible for this project. 8. Ta.be prrrvided'b' i6 9. Detailed Landscape drawings have been provided in the revised submittal. Drawings indicate a proposed 180 foot long, 6 foot tall screening fence along north property line from east end of property to the west. Colorado Spruce has been changed to Norway Spruce and Amur Maple has been changed to American Cranberry Ash to fulfill request of the City. MN /DOT seed mix with native grasses and forbs have been proposed on disturbed areas adjacent to ponds and wetland. 10. Tca be.p ro vrded_:by architect 11. The use of pervious pavers or other alternative pervious parking areas are infeasible for this project due to cost, maintenance and the frequency that the parking areas will be used. 12. The church wants a self- sufficient parking area to provide them with parking necessary for servicing their site. 13. A 20 foot flowage easement is shown on the drawings on the north property line. 14. Application for Ramsey Washington Metro Watershed District's permit has been submitted. The owner or contractor will secure grading permits from the District and the MPCA prior to construction. 32 Enaineerino Plan Review PROJECT: Maplewood Church PROJECT NO: REVIEWED BY: Chuck Vermeersch and Chris Cavett DATE: July 17, 2003 Background: The proposed improvements reflect an increase in impervious surface of approximately 0.7 acres. According to the hydraulic calculations submitted, this results in an increase in runoff volume of approximately 0.4 acre -feet. The additional ponds provided do limit peak flows to a rate less than the existing condition, but the fact remains that runoff volume is increased and the ponds provide little in the way detention time. In this respect the west pond performs somewhat better than the north pond. The bulk of the site's impervious surface is directed to the smaller north pond. One omission from the hydraulic modeling is the culvert under the north entrance to the site. Runoff from Maplewood Drive and the green space at the front of the site are directed to this culvert. Although this culvert is not shown on the grading plan, at its present location it would most likely discharge into the north pond. The submitted hydraulic calculations indicate that even with this omission, the 1% HWL for the north pond slightly exceeds the rim elevation of the overflow structure. Both ponds are tributary to the on site wetland. This wetland is part of a larger wetland complex that ultimately drains to Kohlman Lake. The area has a high water table, and a number of adjacent residential properties are known to have basement water problems. The applicant or their engineer shall address the following comments. Grading and Drainage Plan: 1. The submittal does not provide sufficient ponding for the intensity of the development. One possible option for increasing the amount of ponding would be to explore the option of constructing an in -line pond at the northern edge of the property. Additional wet volume and flood storage could be achieved through the elimination of the north pond berm. 2. The 100 -year high water level (1 % HWL) indicated for the north pond on the grading plan does not agree with that reported in the hydraulic calculations. 3. Overflow structure rim elevations for both ponds are higher than the highest adjacent contour. The top of berm elevations for both ponds should be indicated on the grading plan. 4. Provide a defined emergency overflow for both ponds lined with permanent soil stabilization blanket (Enkamat, NAG C350 or equal). Indicate emergency overflow elevation on drawing. 5. The grading plan shows silt fence, but little else in the way of an erosion control plan. The applicant shall submit an erosion control plan for city staff approval. Original City Engineering Plan Review 33 The west pond meets the city's water quality standard. The north pond does not. The Walker PondNET model predicts only a 25% phosphorus removal. With an average wet volume depth of one foot, the pond does not even meet NURP standards. 7. Applicant shall consider other similar BMP's treatments, such as rainwater gardens for any roof drainage that would be directed towards the parking Tot and the proposed storm sewer. Information on other BMP applications can be found on the Metropolitan Council Website: hftp: / /www. metrocouncil. org/ environment /Watershed /bmp /manual. htm Although we are aware that the applicant has made use of a delineation done for the previous project, wetland delineation shown on the grading plan should indicate the delineator and the date of delineation. - -- 9. The applicant shall include for city approval a detailed landscaping plan for the ponds and wetland buffer area (the current landscaping plan already shows trees and shrubs). Turf establishment in these areas must be with a pre- approved native -grass seed mixture with forbs, (for upland and low land areas as appropriate). The current landscaping plan does not address these areas. 10. The wetland setback is less than the 20 feet minimum required by the city and 25 feet required by the watershed district in some spots. To be fair, these are isolated spots, and the proposal actually improves the width of the buffer directly behind the building. The concern here is that the site's utilization for parking may be too intensive. 11. The applicant is encouraged to explore alternative parking surfaces that are less impervious for areas of the proposed parking expansion. 12. The applicant is encouraged to explore the possibility of sharing space with the nearby Metro Transit Park and Ride as a means of providing the desired number of parking spaces or for overflow parking. 13. The applicant will confirm that a public drainage and utilities easement exists along the north edge of the property. If one does not exist, the applicant shall grant one. 14. Obtain grading permits from the Ramsey Washington Metro Watershed District and the Minnesota Pollution Control Agency. 34 Sep 15 2003 3:43PM JUREHLIY 6b1- Ei4b - 3S0'/ p.2 09/15/03 31ON 15:89 FAX 812 349 7548 TEAM TRiN5IT /P1;B.FACIL Attachment 14 MelroTransit September 15, 2003 Hmong American Alliance Chorch 1B Realty Company /Kou Vang 1185 University Avenue Suite 395 St. Paul MN 55104 Re: Letter of intent Dear Mr. Vang: Metro Transit is interested in preparing an agreement with the Hmong church to share parking spaces. Metro Transit customers would be able to park at the church lot for additional parking during the week and the church visitors would be able to park at our park and ride located at Highway 61 and County Road C for additional parking during evenings and weekends. This agreement will be beneficial for overflow parking for Metro Transit and the church. Thank you for your interest Please contact me if you have any questions at 612/349- 7678. S incerely, 6V� Tracey : n Metro Tr t Engineering and Facilities A s ervice of the Metropol!tan Council 560 S,6 Avenue North Minneapolis, Minna+u 55411.4399 (612) 349 -7400 Tunsh W. 373 -3333 TIY341 -0140 http:Nrn w.menovansitory An Eouai Opportunity Employer \Vi E U) SEP 1 5 2003 Metro Transit Letter of Interest 35 Attachment 15 LAND USE PLAN CHANGE RESOLUTION WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, made application to the City of Maplewood for a change to the city's land use plan from Light Manufacturing (M -1) to Church (C) for their church. WHEREAS, this change applies to the property located at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61 -1, Lot 4. WHEREAS, the history of this change is as follows: On August 4, 2003, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. 2. On September 22, 2003, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described land use plan change for the following reasons: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Preserve natural features where practical. 4. Minimize conflicts between land uses. The Maplewood City Council adopted this resolution on 2003. 36 Attachment 16 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, is requesting that Maplewood approve a conditional use permit for a church. WHEREAS, this permit applies to the property at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61 -1, Lot 4. WHEREAS, the history of this conditional use permit is as follows: 1. On August 4, 2003, the planning commission recommended that the city council approve this permit. 2. On September 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 approves the above - described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood'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. 37 % 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 date - stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. 2. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 3. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. 4. The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 5. The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on 1 2003. 38 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 4, 2003 V. PUBLIC HEARING a. Hmong American Alliance Church (2515 Maplewood Drive) Ms. Finwall said Mr. J. Kou Vang, representing the Hmong American Alliance Church, is proposing to purchase the Maplewood Industrial Park building at 2515 Maplewood Drive North and renovate the building for their church, currently located in North St. Paul. In order to operate a church in this location, the applicants have requested the following city approvals: Comprehensive Land Use Map change from Light Manufacturing to Church, conditional use permit (CUP) for a church, and design review. The Hmong American Alliance Church is currently located at 2329 -17` Avenue in North St. Paul. It has been in operation since 1990, and has outgrown its current site. The church consists of approximately 234 families, with a total congregation of about 1,500 members, including children. The church would hold services and religious classes from 9 a.m. to 7 p.m. on Sundays and youth and elderly programs and services during the evenings of Wednesday, Thursday, and Friday, and during the day on Saturday. No funeral services will be held at the church, as it is Hmong culture to hold these services in a funeral home. However, other church functions such as weddings and baptisms will be held in the church. Commissioner Mueller said one of the photos show this property for sale and he asked if staff was aware how long the property had been for sale? He asked if there had been any other inquiries regarding the use of the building? Ms. Finwall said the building has been for sale for approximately one year and no other inquiries have come into the city for the use of the building. Commissioner Dierich asked staff how many handicapped parking stalls would be required for a congregation this size? Ms. Finwall said the number of handicap parking stalls are bound by the ADA requirements. Generally it's 1 handicap - parking stall per 25 parking stalls and a reduction in number as the number of parking stalls increase. Ms. Finwall said the building official reviewed the plans and did not comment on the handicap parking stalls so she assumes the number proposed is adequate. Commissioner Trippler said many of the negative comments received by the neighbors were regarding traffic. One of the neighborhood comments on page 10 of the staff report was regarding existing problems in the neighborhood. He said he did not see any comments from the police department regarding any problems. He asked if staff was aware of the problems in the neighborhood indicated by the resident? Ms. Finwall said she spoke with that resident on the telephone and the resident's concerns had to do with traffic on Cypress Street and unrelated issues that would not have a bearing on the church and its location. Commissioner Trippler said he didn't understand the neighbors' comments regarding traffic driving through to Cypress Street instead of using the frontage road and Highway 61. He said it didn't make sense that people would choose to drive that direction. Ms. Finwall said she believes those comments have to do with the existing businesses on Gervais Avenue and the use of Cypress Street. The neighbors are concerned that somehow the church would utilize Cypress Street and add to the traffic problem. Mr. Roberts said staff doesn't see that occurring and would agree with Commissioner Trippler's comments. There may be traffic from the businesses on Gervais Avenue driving on Cypress Street but logically it doesn't make sense for the church to use the frontage road to Cypress Street when Highway 61 is so close. Commissioner Monahan -Junek said when a land use change is proposed we compare what it was and how the traffic was instead of what is being proposed. She asked if staff had any idea of what the traffic flow was from this location when it was occupied as light manufacturing? Ms. Finwall said the engineering booklets she looked at did not comment on traffic created by a church. An estimate of traffic for the church holding a service at full capacity is 280 vehicles coming and 280 vehicles leaving that church service, as opposed to the building being occupied as light manufacturing with traffic at the beginning of the weekdays and at the end of the weekdays. Chairperson Fischer asked the applicant to address the commission. Mr. J. Kou Vang, 6280 — 36"' Street North, Oakdale, addressed the planning commission. He said they are excited to present this great project to the planning commission. Staff did a nice job presenting their proposal in the staff report and they do not have any questions or concerns regarding the staff report. Commissioner Trippler asked how late the church activities would be during the week? Mr. Vang said the activities in the church would run until 9:00 p.m. during the week. Commissioner Desai said he expects there would be people using the gymnasium all week until late into the evening? Mr. Vang said the gymnasium serves the youth activity. Asian families are large and the gymnasium serves as a place where kids and their elders can have activities during church time. Commissioner Dierich asked Mr. Vang if the other Hmong churches in the area are connected in any way? Mr. Vang said the Hmong Alliance churches are all tied together with one district of the Christian mission and alliance. Kids and other members go back and forth between the churches, therefore, there will be activities where other kids come in from other churches. This fosters a sense of community. Chairperson Fischer asked if anybody in the audience wanted to speak regarding this proposal to come forward and address the planning commission. Mr. Keith Brown, 2496 Cypress Street, Maplewood, addressed the planning commission. He asked why the church is moving from their North St. Paul location? Ms. Finwall said the church has outgrown their location in North St. Paul, which is why they are proposing to move to this location. Mr. Brown said he opposes this proposal. Mr. Brown said there is a new development going up by Maplewood Mall with up to 500 new homes. The park and ride is located down the road from the proposed church, which generates a lot of traffic. This is why he opposes this proposal because of the additional traffic problem that already exists in the area and will be created with the additional housing. He said he moved to this area so he could live in a quiet neighborhood and it has become too busy of an area. Ms. Joanne Brelje, 2520 Cypress Street North, Maplewood, addressed the planning commission. She said she is against this project. She said she sees the commercial vans and trucks driving up and down Cypress Street during all hours of the day so the traffic is not from the residents. She thinks the kids will hang around outside of the church until the late hours of the evening and make noise and cause problems and she is against this. She said the church currently has 1500 members and 20 years from now the church congregation could double and the space just isn't there. She said if the church uses the park and ride parking lot for additional parking the people would have to walk on the street in the winter, which is dangerous. She doesn't like the whole proposal. Commissioner Mueller asked staff if this church grew to 3000 members would it be able to stay at that location? Ms. Finwall said the church sanctuary has the capacity to hold 1000 people and if the congregation grew larger than that, the church could hold more frequent church services or move to a larger location. Commissioner Dierich asked what other land uses could locate in light manufacturing besides a church? Ms. Finwall said examples of other land uses could be an automobile dealership, retail, manufacturing, mini storage, and things along that line. Mr. Matt Ubel, 2495 Cypress Street, Maplewood, addressed the planning commission. He said he is against this proposal. He wondered why a church could go in a light manufacturing- zoning district? Ms. Finwall said there is no zoning district for a church. The city allows a church in any zoning district with a CUP, which allows the city some controls over that church. Mr. Ubel said the school and the gymnasium would create more problems for traffic, which the other neighbors have brought up already. He said Cypress Street is not a through street but is being used as a through street and many people speed through the area. He said there isn't a speed limit sign there but a stop sign has been posted at Connor Street. He said people do shortcut through Cypress Street and speed by to cut through to eliminate having to wait to get out on the frontage street and onto Highway 61. Mr. Todd Muellner, one of the current owners of the property, addressed the planning commission. He said at one time there was 75 employees working in this building when it was light manufacturing. He said traffic from the church would not be traveling during the rush hour but on off peak times, evenings and on the weekends. Chairperson Fischer said Mr. Smith, a Maplewood resident, called her at home because he was unable to attend the meeting but he wanted to make sure the planning commission read his comments in the staff report. Commissioner Mueller asked where most of the church membership comes from? He said the reason he asks is because he is trying to get a feel for where the majority of the traffic would be coming from. Mr. Vang said most of their church membership comes from within Maplewood, East St. Paul, and the northeast part of the Twin Cities. Commissioner Dierich commended Ms. Finwall on a well organized and thought out report forthis proposal. The traffic issue for this proposal is a minor issue in her mind. She thinks traffic would take a right onto Highway 61 driving towards the east side of St. Paul. She would like to see a "No Truck Traffic" sign posted on Cypress Street to eliminate trucks driving on Cypress Street. She said maybe there should be a proof of parking done for the back section of the parking lot that abuts the Cypress neighborhood. She said in driving through the area she noticed the pavement in the mobile home park is a lot closer to the marsh than 20 feet. Staff may want to check into this. Commissioner Trippler said on page 6 of the staff report, in item 2. d., it states if the applicant works out shared parking with the Metro Transit park and ride lot a trail would need to be constructed. He wondered if there was enough property to construct the trail and would additional property have to be acquired to construct that trail? Mr. Chris Cavett, Maplewood Assistant City Engineer, said city staff looked at the right of way in that area and a trail could be constructed on the west side. He believes Metro Transit would be willing to construct a trail for access back and forth to the area. Ms. Finwall said the church has indicated that they would like to maintain all the required parking on site and do not see a need to utilize the Metro Transit park and ride lot. She said the church has exceeded the parking stall code requirements. However, past experience with this type of church has proven a need for additional parking than required by code. Commissioner Pearson moved to adopt the Land Use Plan change resolution on page 33 of the staff report. This resolution changes the Land Use Plan from Light Manufacturing (M -1) to Church (C) for the proposed Hmong American Alliance Church at 2515 Maplewood Drive. The city is making this change because the proposal will: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Preserve natural features where practical. d. Minimize conflicts between land uses. Commissioner Pearson moved to adopt the resolution on pages 34 and 35 of the staff report. This resolution approves the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. The city bases this permit on the findings required by the code and subject to the following conditions: a. All construction shall follow the plans dated June 26, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. b. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. c. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. d. The city council may require the church to obtain a shared parking agreement with the Metro Transit park and ride lot if a parking shortage develops. If a shared parking agreement is required, a trail from the park and ride to the church must be constructed, or arrangements for shuttling of church patrons will be required. e. The city council shall review this permit in one year. Commissioner Desai seconded. Ayes — Desai, Dierich, Fischer, Monahan - Junek, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on August 25, 2003. MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 12, 2003 VI. DESIGN REVIEW a. Hmong American Alliance Church, 2515 Maplewood Drive Ms. Finwall said Mr. J. Kou Vang, representing the Hmong American Alliance Church, is proposing to purchase the Maplewood Industrial Park building at 2515 Maplewood Drive North and renovate the building for their church, currently located in North St. Paul. Ms. Finwall said in order to operate a church in this location, the applicants have requested city approvals for a Comprehensive Land Use Map from Light Manufacturing to Church, conditional use permit (CUP) for a church, and design review by the CDRB. The planning commission recommended approval for the Comprehensive Land Use Map and the CUP at their August 4, 2003, planning commission meeting. Board member Shankar asked staff if the applicant was proposing to remove the roof to get the additional height needed for the sanctuary space? Ms. Finwall said yes. Board member Olson was concerned about the number of fire exits for this proposal. She did not see any fire exits in the worship area or the Sunday school area on the north and west sides of the building. She asked if that was acceptable to the fire marshal? Ms. Finwall said the fire marshal's comments are on page 5 of the staff report. She said she assumed the plans were acceptable to Butch Gervais, Maplewood Fire Marshal based on his comments. Board member Olson said she was not comfortable with that. She would like to see another fire exit installed on the north side of the building. Chairperson Ledvina suggested the fire marshal could reevaluate the plans, specifically to ensure there would be the proper fire exits. Board member Olson said she would like to make sure is looked into. Ms. Finwall said she would ensure that the fire marshal reviews this plan further, however, she said it appears there are two accesses to the sanctuary area to the north and south. Chairperson Ledvina asked the applicant to address the board. Mr. Brian Houwman, of Houwman Architects, at 833 Third Street SW, New Brighton, addressed the board. He said this is a preliminary plan and it has not been reviewed for full code compliance. He said as the architect, he is responsible for the plans and he certainly does not want to endanger anybody. Chairperson Ledvina asked the applicant if they had concerns regarding the conditions listed in the staff report? Mr. Houwman said they didn't have any concerns regarding the conditions listed in the staff report. Board member Shankar asked the applicant what the smooth concrete band was made of? Mr. Houwman said it is painted concrete block. Board member Shankar asked how often the concrete block would have to be painted? Mr. Houwman said in order for the building to be cohesive the whole building has to be painted. He said depending on the quality you would have to paint the whole building every ten years. Board member Longrie -Kline asked the applicant if they considered using more of a sloped roof instead of the flat roof to add more architectural detail? Mr. Houwman said the roof slopes more than a typical flat roof, but due to the budget they are eliminating any vaulted roofline. Chairperson Ledvina asked if they considered adding any glass to the elevations? Mr. Houwman said they considered adding windows to the building. He said they recently finished another church facility where windows were added. He said the problem is when you add windows to the worship or sanctuary area it is difficult to quickly cover the windows when a darkened space is needed for visual presentations. Chairperson Ledvina stated apparently it is not a "budget" concern but a "use" concern for the church. Mr. Houwman said yes it is a use concern Board member Olson asked the applicant if they would be filling the loading dock wall openings with concrete block after the loading docks were removed? Mr. Houwman said yes and that was another reason why the building needed to be completely repainted for a more uniform appearance. Chairperson Ledvina asked if anybody else in the audience wanted to speak regarding this proposal? There were no audience members to come forward. Board members discussed the neighbors traffic concerns on Cypress Street and board members agreed that drivers would use the frontage road and Highway 61 and would not drive to Cypress Street. Ms. Finwall said a recommendation had been made to post a no truck traffic sign on Cypress Street since it seems to be a concern that the businesses on Gervais Avenue are using Cypress Street. Chairperson Ledvina said he commends the applicant for retro fitting this property into a church. He said he would have liked to have some more architectural features on this building to reflect the church and the culture. He thinks additional windows on the building elevations would add a lot. Board member Shankar said he thinks the green vertical stripes are soothing to the eye. However, he would like to eliminate the short vertical green stripes on the top of the building on the north, south and west elevations. He thought windows may be more appropriate in those areas. Board member Longrie -Kline said she thinks it is very important to retrofit existing buildings. She said one of the city's comprehensive goals is to protect and strengthen the neighborhood and a church certainly does that. She supports staff's recommendation to have the applicant increase the landscaping for an additional buffer around the commercial properties and the surrounding area. She understands that the applicant is leaving the roofline as it is so the building would be more sellable for any future purpose. If the building were to look like a traditional church it would be hard to sell the building to any other property owner other than a church. She would however, like the building to have some additional character such as adding windows so the building does not look so much like a commercial building. She realizes the statement made by the architect relating to the issues with the windows in the other church but windows could be added in other areas of the building to add architectural detail and bring more light into the church. Chairperson Ledvina said he would agree with the statement made by board member Shankar to remove the banding on the top elevation. His opinion would be to add some more windows to the building elevation but would leave that up to the applicant and staff to resolve that issue. He asked if staff had considered adding windows to the building elevation or what was staff's feeling on that issue? Ms. Finwall said staff did not consider adding more windows to the building elevation however, she agreed that would be a nice addition to the building. It would add more light to the interior of the building and it would look more like a church and less like a commercial building. Staff could work with the applicant regarding the idea of adding other alternatives to the building. Chairperson Ledvina asked the applicant to address the board. Mr. J. Kou Vang, 1885 University Avenue, St. Paul, representing the Hmong American Alliance Church, addressed the board. Mr. Vang said they have discussed at length adding windows on the roofline extension. A few concerns came up regarding the windows. One was the budget restraint. Purchasing the building will cost $1.9 million dollars and retrofitting the building would cost another $2.5 million dollars so there is already a huge expense with this project he said. They are open to adding more windows in certain areas of the building but that would add to the already high cost of this project. The churches concern is that the Hmong church is very visual and the complex theory is hard to explain in their language because it takes a long time to state their point, therefore they use audiovisual equipment to state their point. He said if you put windows in the sanctuary area it makes it very difficult to darken the room quickly when they are trying to do a presentation to the worshippers. Mr. Vang said if windows were required they would need to have an automatic way of shutting the blinds or drapes to completely shut off the light from the window. They would like to leave that issue broad enough that if it does have a significant on the budget that they can staff approval or modifications of that nature. Chairperson Ledvina thought that was a fair statement. He appreciates the church purchasing this property and the great expense they are going to in order to retrofit this building. Mr. Vang said the church would love to have a traditional church with a cross on top of the building to represent the church however, because of the way the roof line needs to be in order to remove the support beams so they have a clear sanctuary this is the most economical way. Board member Olson asked the applicant if they looked into adding more architectural details to the building? Mr. Vang asked Board member Olson if she had anything in mind? Board member Olson said no. Her thought was to add something to the exterior to make it look less like a boxed commercial structure. She said she attends a church where there are windows in the congregation hall and she knows that covering up the windows can be a real problem for projection screens. She agrees with the applicant that they should not be required to have windows in the sanctuary because it is more of a problem than a benefit for the church. She thinks the painted vertical stripes on the building should stay so it adds more detail to the building elevation, especially if windows are not introduced on the building exterior. Chairperson Ledvina asked board members what their feelings were regarding the applicant and staff working the details out regarding building enhancements? The board members agreed it would be acceptable for the applicant and staff to work out the details of exterior architectural enhancements to the building as was suggested by the board. Board member Olson asked staff if the wetland would be mitigated and if it would be practical to push the pond back or doesn't the grading warrant that? She asked that because she wondered if that would allow the applicant to have a larger parking lot. Ms. Finwall said the wetland is not going to be mitigated. It is a difficult site and the applicant has parking needs and want to utilize the space to its fullest. They are proposing 280 parking stalls and city code requires 258 parking stalls. Ms. Finwall said the applicant still needs to provide a revised site plan showing the parking area and there is a 25 foot setback required so the applicant is going to loose some of those parking spaces due to the setback. Board member Olson moved to approve the plans date - stamped June 26, 2003, for the Hmong American Alliance Church at 2515 Maplewood Drive North. Approval is subject to the applicant doing the following: (The bolded and underlined conditions were additions from the CDRB meeting August 12, 2003.) a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a grading or building permit: 1) Final grading, drainage, utility and erosion control plans. These plans shall meet the requirements of the city code and the city engineer. 2) A building permit will be required for all retaining walls on the site that exceed 4 feet in height. 3) Revised site plan showing that the expanded parking lot is set back an average of 25 feet, with a minimum of 20 feet, to the delineated wetland. The revised plan must also meet all Ramsey/Washington Metro Watershed District requirements. 4) Dedicating a wetland protection buffer easement (average 25 feet from delineated wetland, or as required by the Ramsey/Washington Metro Watershed District) along the Class 4 wetland. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a grading permit. 5) A survey completed by a registered land surveyor showing the existing conditions, wetland buffer easement, and location of the proposed parking lot. A registered land surveyor must also stake the location of the expanded parking lot and the wetland buffer easement of the property. 6) Revised building elevations showing the continuation of the smooth concrete block accented stripes on the east - facing wall of the raised roof. 7) A revised landscape /screening plan showing the following: a) The replacement of Colorado blue spruce with a similar evergreen tree. b) The replacement of all amur maples with a similar shrub. c) A 6- foot -high, maintenance -free fence to be constructed on the north property line, from the front of the property approximately 180 feet to the west, where Deauville Drive begins in the manufactured home park; d) Revision of landscaping on the north side of the parking lot to take into account the fence, and to add an evergreen screen from the end of the fence to the wetland buffer line. The evergreen screen must create an 80 percent opaque screening from the parking lot to the residential properties to the north. e) Location of in- ground lawn irrigation system for all landscaped areas as required by city code. 8) A trash enclosure plan showing the location and the materials to be used. The trash enclosure must be compatible with the building and must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required.., 9) A revised photometric plan showing the style and height of exterior lights. The maximum luminary allowed at the property line is .4 -foot candles and the maximum height of the parking lot lights is 25 feet as measured from ground grade to the top of the luminary. 10) 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. 11) Plans for Fire Marshal approval. 12) Submit final site building elevation details to staff for approval based on 13) The entire building shall be painted an integral color. C. The applicant shall complete the following before occupying the building: 1) Install a reflectorized stop sign at the exits and a handicap - parking sign for each handicap accessible parking stall. 2) Construct a trash enclosure to meet code requirements, unless trash dumpsters are stored indoors. 3) Provide continuous concrete curb and gutter around the parking lot and driveways. 4) Install all required landscaping, fencing, and an in- ground lawn irrigation system by June 1 if the church is finished in the fall or winter, or within six weeks of completion if its finished in the spring or summer. 5) Install all required exterior lights. 6) Install city approved wetland signs at the edge of the wetland buffer that specifies that no building, mowing, cutting, grading, filling or dumping be allowed within the easement. 7) Paint all rooftop mechanical equipment to match the building if visible from the street or adjacent residential properties. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. All work shall follow the approved plans. The director of community development may approve minor changes. Board member Longrie -Kline seconded. Ayes — All The motion passed. This item goes to the city council on August 25, 2003. Agenda Item Kl MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: September 16, 2003 RE: 2:00 A.M. Bar Closing Fee Background At a special meeting held by the city council on September 8, 2003 the 2:00 a.m. bar closing was approved to go into effect immediately after publication of City Ordinance amendment allowing the 2:00 a.m. closing seven nights a week. Staff was directed to develop a fee for those establishments that would be staying open until 2:00 a.m. After consideration and review of costs associated with public safety a fee of $500 per year is recommended for those establishments participating in the 2:00 a.m. closing. As part of the motion to approve the 2:00 a.m. closing, it was further requested that the fee be reviewed with data collected by the Police Department in one year from the date of approval. Recommendation Approve the annual fee of $500 to those establishments staying open until 2:00 a.m. at a prorated rate for the remainder of the year. Agenda Item K2 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Suburban Court Facility Resolution Date: September 15, 2003 Introduction Discussions are being held by the courts and Ramsey County to close the Maplewood court facility, and the attached resolution has been drafted to support the efforts to maintain a suburban court facility. Background For the past several decades, there has been a suburban Ramsey County Court facility located in the City of Maplewood. Due to recent State budget cuts, which are impacting the Ramsey County District Court, discussions have been held by the courts and the County to close the Maplewood court facility. Because the closing of a suburban court facility would impact police officers, victims, witnesses and other citizens needing to conduct court business, suburban Ramsey County Police Chiefs are requesting that their City Councils pass a resolution supporting the continuance of a suburban court facility. Although this facility may no longer be located in the City of Maplewood, it will still be a far more desirable alternative than going to the downtown St. Paul court. Recommendation It is recommended that the City Council approve the attached resolution supporting a suburban court facility. Action Required Submit to the City Council for review and approval. DJT:js RESOLUTION IN SUPPORT OF ANY AND ALL EFFORTS TO MAINTAIN A SUBURBAN COURT FACILITY WHEREAS, the City of Maplewood understands that the current budget cuts of the State are impacting Ramsey County District Court, AND WHEREAS, the City understands that an option currently being discussed by the courts and County is the closure of the Maplewood court facility, AND WHEREAS, the City believes the court services are an essential service of the County serving also the suburban communities, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MAPLEWOOD HEREBY WISHES TO SUPPORT ANY AND ALL EFFORTS TO MAINTAIN A SUBURBAN COURT FACILITY FOR THE FOLLOWING REASONS: 1. There is an increased cost to require the suburban citizens, peace officers, victims, witnesses and other personnel to appear in downtown St. Paul; 2. The suburban court serves a unique need of the municipalities; 3. The City believes that the provision of court services in the suburbs are an integral service which needs to be maintained; 4. The City objects to any relocation of the suburban facility to downtown St. Paul; 5. The City requests the County Commissioner and the Ramsey County judges maintain a suburban facility, whether it be the existing Maplewood court facility or a newly constructed facility. AGENDA ITEM K -3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Realignment (TH 61 to Highridge Court), Project 02 -08 — Resolution Approving Improvements at Existing TH 61 and County Road D with City of Vadnais Heights DATE: September 16, 2003 Introduction On August 11, 2003, the City Council met jointly with members of the Vadnais Heights City Council to discuss some issues with the proposed County Road D Realignment project. Staff was directed to prepare information and recommendations regarding the various agency options and issues. Approval of a resolution establishing Maplewood's position on the issues is recommended. Background Vadnais Heights has been involved in the two -year discussion of these improvements. Resolution of the differences is complex due to the involvement of MnDOT and Ramsey County roadways. The final decision on the roadway improvements is MnDOT's and Ramsey County's alone to make. Maplewood has taken the lead on this project due to the benefits to the Mall Area traffic flow. The attached resolution establishes Maplewood's position on the various issues and refers the final decisions to MnDOT and Ramsey County. The major issues are listed within the attached joint memorandum. The City of Vadnais Heights has not taken a final position on the issues, although they may consider this issue at their meeting on September 16, 2003. A report on the outcome of that meeting will be presented at the September 22n Council Meeting. Project note: The proposed improvements for the realignment of County Road D, west of TH 61, are not currently scheduled for a public hearing. A number of right of way and coordination issues with the developer of the property north of Guldens remain to be resolved, along with resolving these issues with Vadnais Heights and MnDOT. The proposed hearing for County Road D realignment between TH 61 and Hazelwood was held on September 8, 2003. The hearing for this segment, west of TH 61, is not likely until November 2003 at the earliest and may be delayed until 2004. Recommendation It is recommended that the city council adopt the attached resolution approving the planned improvements at Existing TH 61 and County Road D with the City of Vadnais Heights. jw Attachments: Joint Memo on Project Concerns MnDOT Evaluation Memo Map of Preferred Improvements Resolution (to be supplied at pre- agenda) To: City of Maplewood City Council City of Vadnais Heights City Council From: Chuck Ahl, Maplewood Public Works Director /City Engineer Tim Benetti, Vadnais Heights Planning and Community Development Director Dan Soler, Ramsey County Traffic Engineer Mark Goess, Mn/DOT North Area Engineer Date: September 15, 2003 Subject: Project Concerns, Joint Vadnais Heights/Maplewood City Council Meeting -- County Road D Realignment, Maplewood City Project 02 -07, 02 -08 On Monday August 11, 2003, the Maplewood City Council and the Vadnais Heights City Council met at a joint work session to discuss concerns related to the proposed realignment of County Road D. Staff and consultants representing each agency have discussed the issues raised. This memo is a summary of each of the issues discussed followed by a recommended resolution to each. A map summarizing each issue and proposed resolution is attached. Access to Properties along old County Road D East of TH 61 Discussion: Currently, access to properties along existing County Road D between TH 61 and the closed railroad trestle is from a right -in /right -out access at TH 61. The proposed project presents the potential, if the railroad south of 1 -694 is abandoned, to remove the railroad trestle and to connect old County Road D to the new alignment at Hazelwood Street. Such a connection could significantly improve access to properties along this segment of old County Road D. Concern has been raised regarding the probability of cut - through traffic to TH 61 if Old County Road D is simply connected to the new alignment at Hazelwood Street. Considering the close proximity of the intersection of Old County Road D to the 1 -694 ramps at TH 61, additional vehicles at the right -in /right -out intersection would further degrade an already congested area. Recommended Resolution: At such time as the railroad south of 1 -694 is abandoned and development pressure along old County Road D increases, the Cities of Maplewood and Vadnais Heights should initiate a public improvement project to remove the old railroad trestle and embankment and connect old County Road D to the new intersection at Hazelwood Street. This project would include the installation of a new cul -de -sac or pair of cul -de -sacs on Old County Road D to prohibit cut - through traffic to TH 61. The cost of this improvement would be shared jointly with both cities and would likely involve assessments to adjoining properties. As part of the current project, provisions will be made to the final design of the new Hazelwood Avenue /County Road D intersection to allow for the potential future connection to Old County Road D. At such time as this improvement is made, it may be desirable to rename Old County Road D to avoid any confusion with the new County Road D alignment. Page 2 Access to Businesses West of TH 61 Discussion: As part of its regular traffic improvement program, Mn /DOT has identified a safety and capacity concern with right turning vehicles from the east bound 1 -694 ramp to south bound TH 61 and has set aside dollars to improve this situation. Two solutions have been proposed: 1. Dual Right- turn -lane. This option would increase the capacity for right turns by providing two right turn lanes to southbound TH 61. This option would improve intersection safety but would not improve capacity— operations would remain at Level of Service (LOS) F. Generally, LOS C or better is desirable. 2. Free- RighVTH 61 Acceleration Lane. This option would include the construction of a new acceleration lane along southbound TH 61 and would require the closure of existing County Road D west of TH 61. This option also improves intersection safety. In addition, it would improve the operations of the ramp intersection to LOS C — a significant improvement over the existing LOS F. This loss of access is of direct concern to the Brockridge office complex and the Hillcrest Animal Hospital which currently have access to TH 61 at existing County Road D. At the joint meeting, Mn /DOT presented a preliminary design to construct a new one -way frontage road along TH 61 south of old County Road D between the Hillcrest Animal Hospital and TH 61. Mn /DOT would like to proceed with the design of these improvements for construction in 2004 and has asked for direction from both city councils. A more detailed description of traffic operations can be found in the attached Mn /DOT memo. Recommended Resolution: Recognizing that the existing businesses along west County Road C are generally destination oriented (i.e. customers make trips specifically to the businesses rather than decide to visit when driving by) and understanding the safety and capacity concerns at the I 694/TH 61 ramp, it is recommended that Option 2, the Free - Right /TH 61 Acceleration Lane be constructed. To mitigate the impacts caused by the closure of existing County Road D west of TH 61, the following steps are suggested: • Staff will work with property owners to design a closure /cul -de -sac at TH 61 that protects visibility to area businesses and meets functional needs. • Directional signage will be installed along south bound TH 61 to guide travelers destined to west County Road D to the new signalized intersection with the Realigned County Road D (see attached exhibit). Such signage would remain in place long enough for business customers to become comfortable with the new access. • In order to avoid confusion with the new County Road D alignment, consideration should be given to renaming existing County Road D between the new County Road D alignment and TH 61. As part of the renaming, funds should be set aside to assist property owners with direct costs associated with the address change. Page 3 Traffic Speeds Along West County Road D Discussion: Residents along existing County Road D west of TH 61 have consistently expressed concern regarding the speed of vehicles traveling along County Road D. While County Road D is part of the County's arterial roadway system, adjacent land uses in the project area are primarily residential and are sensitive to the impacts of roadway traffic. Currently, this segment of County Road D has a posted speed limit of 40 MPH. At the joint meeting, a number of suggestions were made to address traffic speed and neighborhood safety including: • T- intersection of existing and new County Road D • 3 -way Stop at existing and new County Road D • Pedestrian Trail along existing and new County Road D • "Traffic Calming" along County Road D Walter Street, a Maplewood residential street between County Road D and Beam Avenue, experiences a significant amount of cut - through traffic that has been a City and neighborhood concern for some time. Recommended Resolution: County Road D is an important part of the regional roadway system and is designed to carry more traffic than typical residential streets. The design of the roadway should provide for the anticipated traffic without diversion to the adjacent local roadway system. Within this overall goal, the design of County Road D should be sensitive to the needs of the adjacent neighborhood. The following approach is recommended to control traffic speeds and improve safety along both existing and new County Road D: • The new alignment of County Road D contains curves designed for a maximum speed of 30 MPH. These curves will be posted with signs warning of the design speed and will act to slow traffic speeds along the roadway. • Ramsey County will complete a speed study of existing County Road D to quantify actual traffic speeds. This data will be used in the design of future improvements to select appropriate traffic calming techniques and to judge the success of constructed improvements. • During the final design for the new County Road D, a landscape plan will be prepared to narrow the feel of the roadway with the installation of materials in the boulevard area on both sides of the new roadway. Such plantings will be maintained locally and will preserve sight distances necessary for a safe roadway. • Ramsey County will consider programming the reconstruction of existing County Road D between Edgerton Street and the new County Road D to upgrade existing County Road D to a full urban roadway. • An off -road trail will be installed along the west side of new County Road D. A trail will be installed along existing County Road D as part of the future Ramsey County construction project. Attachments: Mn /DOT Memo Issues Map DEPARTMENT: Mn/DOT -Metro Division Office of Operations Traffic Engineering Section DATE: June 24, 2003 TO Marc Goess North Area Engineer FROM David Engstrom Program Support Unit Traffic Engineering Section STATE OF MINNESOTA Office Memorandum SUBJECT: Traffic Recommendations for I694 @ TH 61 South Ramps This memo is written to document the rationale for Metro Traffic Engineering's selection(s) of a preferred safety /capacity improvement for the Eastbound I694 exit ramp to TH 61. This memo is organized as follows: Background Proposed Improvements Safety Comparison Capacity Comparison Recommendations Attachments Crash Diagrams Synchro Analysis Summary Layout Options Background Mn/DOT routinely analyzes crash data for intersections and sections ofroadway in order to document safety problems and implement projects to correct these problems. Through this routine analysis the exit ramp at this location was found to have an unusual number of rear end collisions (see collision diagrams) related to the southbound right turn. Currently, the right turn lane at this location utilizes a "free right" under a yield condition. It is our belief that crashes occur because drivers stop unexpectedly, when following traffic expects them to complete the right turn. Under the existing conditions, the best improvement that could be implemented was the construction of dual right turn lanes and the elimination of the "free right ". Right turn on red would be prohibited at this location. A project was programmed for this location in CY 2000. The project was to be let in FY 2004. After the project was programmed, the City of Maplewood approached Mn/DOT with a proposal to reconstruct CR D on a new alignment. The CR D realignment was precipitated by the impacts of a large development near Maplewood Mall. The current alignment of CR D was problematic from a safety and capacity viewpoint, due to its close proximity to the south ramps of I694 and TH 61. This proposal created an opportunity to look at the TH 61 corridor in this area and address additional safety issues. Shifting CR D to the south would allow the closure of the existing median opening and closure of the west leg of this intersection. Access would be obtained from "new" CR D. With the closure of the west leg, an alternative design to the dual right turn lanes at the I694 ramp is possible. The "free right" could be maintained and made safer by constructing an acceleration lane for merging traffic. We believe that this will minimize the safety issue and meet capacity issues. An existing access to aused car lot would be relocated to the south to allow adequate distance for merging. Proposed Improvements There are two options for improvement for the I694 ramps. The first improvement would be to construct a dual right turn lane for southbound traffic from the exit ramp. At this location it would be necessary to ban right turns on red. This action would maximize safety but would have impacts on intersection delay. The second option would be to construct an acceleration lane for southbound traffic from the ramp, while retaining the free right. In either design we would recommend closure of the median at CR D. There have been 23 crashes coded to this intersection in the last 3 years. It is our opinion that given the allowed access, this is a high number of crashes. For the second option, it would be necessary to close the west leg of this intersection as well as move an access (used car lot) farther south. Safety Comparison Traffic engineering staffran a comparison of similar interchange ramps for the two proposed options. We found 6 intersections, which had dual right turn lanes. There were a total of 32 crashes that may be related to the right turn maneuver over the past three years — an average of 5.3 crashes per intersection. We found 8 intersections, which had a "free right" with an acceleration lane. At these locations there were only 16 crashes over the past three years that may be related to the right turn maneuver — an average of 2.0 crashes per intersection. We believe that this is a significant finding. For the last three years there have been 27 crashes related to the right turn at the exit ramp. With either improvement we would expect significant reductions in this type of crash, but from a safety perspective construction of an acceleration lane would provide the optimal benefit. Capacity Comparison A Synchro analysis was performed to determine the impacts of the two proposed improvements. PM peals hour traffic volumes were obtained from the consultant who completed the analysis for the proposed development near Maplewood Mall. For purposes of continuity the south and north ramps were included in the analysis. An attached table shows the results of this analysis. For the south ramp, the dual right turn would improve the operation of the signal somewhat, but the delay for right turning vehicles would remain unacceptable (111.3 secs /vehicle, LOS F). By incorporating a free right turn with an acceleration lane, delays for the entire intersection reduce to 33.6 secs /vehicle, LOS C (existing was 94.5 secs /vehicle, LOS F) and the delay for right turning vehicles is essentially negligible. The analysis has also determined that dual left turn lanes will be needed for the north ramps when this development occurs. Traffic engineering has concluded that the installation of a free right turn lane is superior to minimizing vehicular delay over a dual right turn lane at this location. Recommendations Based upon the safety and capacity analysis, traffic engineering would strongly recommend the construction of a free right turn lane with an acceleration lane at the south ramp of I694 to TH 61. Strong consideration should be given to examining the possibility of constructing dual lefts for the north ramps. CC: Frank Paftco, North Area Manager Amr Jabr, Traffic Engineering Steve Misgen, Traffic Engineering Cassandra Isackson, Traffic Engineering Jolene Servatius, Traffic Engineering Robert Evbayekha, Design �' I BUEAgE __ m. Rm.R�^`Ro Rom loo mall / - _ � — � rolRll .oumme om memo rmrK I I - e ��E E I v _� _ ----- ----- - _____ _ _ _ ____ _-- _ _ -- - COMM - - -a � — —_� A� _ — —__ — NIYIgADD MMFEFIDK7P PRD D W L C WCf O QIT PI O 10 Yp f14VRE 10 AGENDA ITEM K -3 RESOLUTION APPROVING IMPROVEMENTS AT EXISTING TH 61 AND COUNTY ROAD D WITH CITY OF VADNAIS HEIGHTS 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 was 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 provided information regarding whether the proposed project is necessary, cost - effective, and feasible, and WHEREAS, a joint meeting of the City Councils of Maplewood and Vadnais Heights occurred on August 11, 2003 identifying Joint issues to be resolved with the proposed improvement project, and WHEREAS, the City Engineer has reported on the need to establish a position for future discussion and agreements with the City of Vadnais Heights regarding the various issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows with reference to the improvement of Count Road p y ad 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: 1 The City of Maplewood hereby approves the request of Vadnais eights for access to the newly aligned County Road D at the Hazelwood Street intersection contingent upon the following: 1. City of Vadnais Heights support for the Joint Powers Agreement for alternative access for Xcel Energy for transport of their transformer. 2. Approval by Burlington Northern, Minnesota Commercial Railroad and Ramsey County Regional Rail Authority for an easement for roadway expansion. 3. City of Vadnais Heights agreeing to just and reasonable cost participation construction and reconstruction of the existing County Road D roadway westerly of Hazelwood Street. 4. City of Vadnais Heights for a culdesac along existing County Road D between TH 61 and Hazelwood to eliminate possible shortcutting of traffic. 2. The City of Maplewood hereby agrees with MnDOT and the City of Vadnais Heights for the culdesacin g of existin g Count y Road D westerly existing of s Ong TH 61 contingent upon a reasonable cost participation proposal and agreement with MnDOT. Additionally, the City of Maplewood concurs that reasonable costs should be considered for property owners if i p Y the street name s changed by Ramsey County. 3. The City of Maplewood hereby does not object to the City of Vadnais Heights' request for traffic calming at the newly constructed intersection of the newt aligned roadway Y g y and the existing County Road D east of Highridge Court, contingent upon the City of Vadnais Heights or Ramsey County agreeing to pay for the traffic calmi.n' g improvements. p. 4. The City of Maplewood hereby agrees to install a storm water treatments stem to further control drainage at the intersection point of existing Count Road D and the newly Y aligned County Road D easterly of the Highridge Court development. 5. The City of Maplewood hereby agrees to cooperatively work with the City of p Y Y Vadnais Heights and Ramsey County on future improvements to County Road D westerly of Highridge Court including the construction of trails and drainage improvements. Approved this 22nd day of September 2003. C 1/ l • � l • l / / j 1 -- - - - - - -- /* -- ----- lu ! r _. _. �.. r w �� �• _. r _�- w r r• r t r- -_- - --- - - - - - - - - - - - - - - _• �� __� _• - _ -_ - - �_ -. w- n.�.. -.� •.� -� ��• �� �_. - _. �• 1_• r -._ -. _� •_ .�• a� - -� r� _.+ _- . /APPROX., SAN 1 �� c ,� � •8C -- T APPROX. WETLAND 1 --._ • • APPROX. WETLAND CLOSE MEDIAN AT TH 61 BOUNDRIES i / /� RIGHT IN/RIGHT OUT A 1 ��BOUNDRIES — OiJ NTY RO AD D J ,'� / EAST COUNTY RO - -- _._ _..._ w L _ _ _ --- _ __r__ • COUNTY ROAD D AGENDA ITEM K -4 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: County Road D Realignment Soil Stabilization and Wetland Mitigation Improvements (Hazelwood to TH 61), City Project 02 -07 - Resolution Approving Plans and Specifications and Authorizing Receipt of Bids DATE: September 16, 2003 Introduction The realignment of County Road D between Hazelwood and TH 61 was approved at a public hearing held on September 8, 2003. 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. Plans and specifications on the first phase of construction are complete and ready to be offered to contractors for bids. Adoption of a resolution authorizing this work is recommended. 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. The public hearing to consider Segment #1 and #4 of the project was held on September 8, 2003. The construction of the roadway will be in a number of phases. The first and longest construction process will be stabilizing of the poor soils on the Countryview Golf Course property. The soils engineer has recommended placing of the stabilization material late in 2003, and allowing a 6 -8 month settlement time prior to roadway construction. This will allow the roadway portion of the project to begin construction in late June or early July 2004. Additionally, the wetland mitigation and storm water ponding portion of the project is necessary to begin any work. The engineering group assembled for the overall process is recommending that this stabilization effort and wetland creation are consistent with the plans presented to the council as part of the public input process. Easement negotiations are in process for this construction work and are anticipated to be completed in time for a contract award in late November 2003. Budgetlmpact A project budget for the County Road D improvements was approved on September 8th at $8,033,600. The wetland mitigation and soil stabilization work is anticipated to expend approximately $750,000 of the project budget and will be covered by assessments and state aid funds within that budget. Recommendation It is recommended that the City Council adopt the attached resolution authorizing approval of the plans and specifications for the Soil Stabilization and Wetland Mitigation Project for the County Road D Realignment Project, City Project 02 -07, and authorize the receipt of bids for this phase of the improvement project. RCA jw Attachment: Resolution RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISING FOR BIDS 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 was duly held on September 8, 2003, and the City Council, after receiving all public testimony order said improvement project for Segment #1 and Segment #4 to be constructed, and WHEREAS, the City Engineer has reported on the need to expedite the surcharge operations and wetland mitigation operations in order to meet project schedules, and WHEREAS, pursuant to resolution passed by the city council on August 25, 2003, plans and specifications for the Soil Stabilization and Wetland Mitigation Improvements for the County Road D Realignment Project (Hazelwood to TH 61), City Project 02 -07, have been prepared under the direction of 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. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 28th day of October, 2003, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of November 10, 2003. Approved this 22nd day of September 2003