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1995 09-11 City Council Packet
AGENDA MAPLEWOOD'CITY COUNCIL 7:00 P.M., Monday, September 11, 1995 Council Chambers, Municipal Building Meeting No. 95 -18 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Council /Manager Workshop of August 23, 1995 2. Minutes of Meeting 95 -16 (Special Meeting), (August 24, 1995) 3. Minutes of Meeting 95 -17, (August 28, 1995) E. APPROVAL OF AGENDA EA. PRESENTATIONS 1. Resolution of Appreciation - Marvin Sigmundik F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Conditional Use Permit Review - Menards (2280 Maplewood Drive) 3. Final Plat - Hillcrest Heights 4. Final Plat - Southwinds Townhomes Second Addition 5. Drug and Alcohol Testing Contract 6. Group Insurance Coverage 7. Salaries for Selected Metro Supervisory Positions 8. City Hall Driveway Budget Transfer 9. St. Paul Educational Foundation - Charitable Gambling License G. PUBLIC HEARINGS 1. 7:00 P.M: Amber Hills Fifth Addition (Sterling Street, south of Linwood Avenue) Preliminary Plat Zoning Map Change 2. 7:15 P.M.: Holiday Station Store (Lower Afton and McKnight Roads) Land Use Plan Change (CO to BC) (4 Votes) Zoning Map Change (CO to BC) (4 Votes) Code Change (Minor Motor Fuel Stations) Conditional Use Permit 3. 7:30 P.M.: Application for Liquor License - Paul J. Mateyka, Jr. H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Concordia Arms Crossing 2. Homestead at Maplewood - Lawn Sprinklering Variance (1890 Sherren Avenue) 3. Relief Association Shortfall J. NEW BUSINESS 1. Driveway Appeal - 2465 Flandrau Street K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 2. 3. 4. M. ADMINISTRATIVE PRESENTATIONS 1. 2. 3. N. ADJOURNMENT CITY COUNCIUMANAGER WORKSHOP OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 6:00 P.M., Wednesday, August 23, 1995 Maplewood Room, City Hall MINUTES A. CALL TO ORDER The Council /Manager meeting of the Maplewood City Council was held in the Maplewood Room, City Hall. The meeting was cabled to order by Mayor Bastian at 6 :06 pem• . Be ROLL CALL Mayor Gary Bastian Present Councilmember Sherry Allenspach Present Councilmember Dale Carlson Present Councilmember Mary Koppen Present Council. Member George Rossbach Present Others Present: City Manager Michael McGuire Director of Finance Daniel Faust C. APPROVAL.OF AGENDA Mayor Bastian moved that t_ he_agenda be approved as amended: J -1 Update on recruitment for Assistant City Manager position J -2 Closed session. on Emgloyee DiscipliinaryActi_ on. The motion was seconded by Councilmember Carlson and was approved. Ayes: All D. BUDGET OVERVIEW City Manger and Finance Director Faust presented a summary of the proposed 1996 Budget. There was discussion about the status of the 1995 Budget objectives. City Manager McGuire indicated that status reports had been prepared by department heads in May. Additional status reports would be prepared in September or October and after the end of the year. The year -end report will be given to the council. Some council members indicated that some of the 1996 Budget objectives could be improved. City Manager McGuire suggested that the objectives be discussed at a management retreat early next year. 1 (3) The rate for properties used jointly for residential and commercial purposes that are not metered separately shall be billed at non - residential rates. (4) In respect to property which shall be connected with the City sewer system for the discharge and disposal of other residential, commercial or industrial sewage rates, or any waste unusual in either character or amount, then in addition to all applicable charges hereunder, the City Council reserves the right to impose such supplemental sewage rate charges as said City Council shall determine as reasonable and warranted on the basis of all relevant factors. Section 2. This ordinance shall take effect and be in force beginning January 1, 1996. Ayes: All H. DATES FOR PUBLIC HEARING ON PROPOSED 1996 BUDGET AND PROPERTY TAXES After reviewin g the schedule, Councilmember Rossbach moved that lad the initial hearin be scheduled for 9:00 a.m. on Saturday. December 9 1995: b the continuation hearin if needed be scheduled for 5:00 .m. on Friday. December 15 1995 and c the final hearing to adopt the tax levy and bud et be scheduled for 7:00 .m.. Monday, December 18 1995. The motion was seconded by Councilmember Koppen and was approved. Ayes: All I. ADOPTION OF PROPOSED PROPERTY TAX LEVY PAYABLE IN 1996 Councilmember Carlson moved that Resolution NO. 95_08931 be adopted as res nted. The motion was seconded b Councilmember Koppen and was approved. e Y RESOLUTION PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY FOR 1995 PAYABLE IN 1996 WHEREAS, State law requires that the City Council give preliminary approval of a r0 osed tax levy for 1995 payable in 1996 by September 15, 1995, and p _p Y p Y E WHEREAS, the City Council has reviewed .the Proposed 1996 Budget and has determined the. amount of the proposed tax levy payable in 1996 which is the maximum amount that will be levied, and WHEREAS, the proposed . property tax levy certified must be after the deduction of the homestead and agricultural credit aid (RAGA), and WHEREAS, the 1996 HACA for the City of Maplewood is $1,530,084. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT the proposed tax . levy for 1995 payable in 1996 in the amount of $8,572,900.less $1,530,084 for HACA is hereby given preliminary approval. J. OTHER BUSINESS J1. UPDATE ON RECRUITMENT FOR ASSISTANT C TY .MANAGER City Manager McGuire provided an update. J2. CLOSED SESSION ON EMPLOYEE DISCIPLINARY ACTION Mayor Bastian moved to ao into closed session to discuss Employee DisciDlina[y Action at 8:05 p m. The motion was seconded by Councilmember Rossbach. Ayes: All Councilmember Carlson moved to go back to public session at 8:50 p.m. The motion was seconded by Councilmember Rossbach. Ayes: All I. I ADJOURNMENT The meeting was adjourned at 7:00 p.m. CAWPWI N601CCMGRMTGI8 -23. M 1 N 5 0 AGENDA MAPLEWOD CITY COUNCIL 4:30 P.M., Thursday, August 24, 1995 Council Chambers, Municipal Building Meeting No. 95 -16 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 4 :30 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C91 ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Absent Marvi_n.0 Koppen, Councilmember Present George F. Rossbach, Councilmember Present E. APPROVAL OF AGENDA Mayor Bastian moved to approve the.Agenda as submitted. Seconded by Ayes - all H. AWARD OF BIDS 1. General Obligation Bonds a. Manager McGuire presented the staff report. b. Director of Finance Faust introduced Jerry Shannon of Springsted, Incorporated, who presented the specifics of the bids and made a recommendation regarding the bid awards. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. u 1995 Improvement Bonds d. Councilmember Rossbach introduced the following Resolution and moved its adoption: 95 - 08 - 94 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $915,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF (RESOLUTION ATTACHED) Seconded by Councilmember Koppen Ayes - all (kti The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $915,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota. ( the "City } , has heretofore determined and declared that it is necessary and expedient to issue $915,000 General Obligation Improvement Bands, Series 1995A of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various improvement projects within the City (the "Improvements "); and Be WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing 4 thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, it is in the best interests of the City that the Bonds (as hereinafter defined) be issued in book -entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 11 Acceptance of Proposal The proposal of Pioer Jaffray. Inc. ( the "Purchaser")., t,o purchase $915,000 General Obligation Improvement Bonds, Series 1995A of the City (the "Bonds ", or individually a "Bond "), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ qo4 j65.75 plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City'Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms (a) Title; Original Issue Date; Denominations .9 Maturities The Bonds shall be titled "General Obligation Improvement Bonds, Series 1995A shall be dated September 1, 1995, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the_ denomination of $5,000 each or 298178.1 2 <i in :any integral multiple thereof of a single maturity ( the "Authorized Denominations "). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 1997 $60,000 1998 -2016 $45,000 All dates are inclusive. (b) Book Entry Only System Midwest Securities Trust Company, a limited purpose trust company organized under the laws Of the State of Illinois or any of its successors .or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end (i) The Bonds shall be initially issued and, so long as they remain in book entry form only ( the "Book Entry Only Period ") , shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by Norwest Bank Minnesota,. National Association (the "Bond Registrar ") in the name of KRAY & CO., . as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). ( iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant ( the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect - to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any.Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds,, or (D) the consent given or other action taken by the Depository as the Register Holder of any Bonds (the 298178.1 3 "Holder") . For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for . the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the. Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be to the Depository as provided in the Depository Letter Agreement to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Depository Letter Agreement, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively. hereinafter referred to as the "Depository Letter Agreement"). (vii) All transfers of beneficial ownership -interests in each Bond issued in book - entry form shall be limited in. principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the 298178.1 4 I t Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special _record date not less than n 15 calendar . days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency /bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Depository Letter Agreement. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the ...Panel provided on the Bond stating the amount so redeemed. P (c) Termination of Book -Entry Only System Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i ) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository provided in the preceding paragraph, and if no P Y as P substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners 298178.1 5 be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof . (d) The Mayor and City Clerk are authorized and directed to execute in the name of the City the Depository Letter Agreement in substantially the form on file in the office of the .City. In the event of the disability or the resignation or other absence of the Mayor or Clerk of the City, such other officers of the City who may act in their behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done. or to be executed by such absent or disabled officials* The provisions in the Depository, Letter Agreement are incorporated herein by referenced and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Depository Letter Agreement shall control. 3. Purpose The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest semiannually on February 1 Interest Payment Date"),, on the basis of a 360 -day respective rates per annum as follows: The Bonds shall bear interest payable and August 1 of each year ( each, an commencing August 1, 1996, calculated year of twelve 30 -day months, at the set forth opposite the maturity years 298178.1 6 Maturity Interest Maturity Interest Year Rate Year Rate 1997 4.00 t 2007 5.20 1998 4.10 % 2008 . 5.30 $ 1999 4.25 $ 2 5.40 $ 2000 4.40 2010 5.50 $ 2001 4.50 $ 2011 5.60 2002 4.65 $ 2012 5.70 $ 2003 4.75 % 2013 5.75 $ 2004 4,85 % 2014 5.80 % 2005 5100 % 2015 5.85 % 2006 5110 % 2.016 5.90 $ S. Redemption All Bonds maturing in the years 2006 to 2016, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 2005, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. ..Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discre- tion, from the numbers so assigned to such Bonds, as many numbers as.,. at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected provided however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by 298178.1 7 /� such Holder, in aggregate principal amount equal to and in exchange f or the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Reeaistrar Norwest Bank Minnesota, National Association in Minneapolis , Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds ( the "Bond Registrar"),, and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 298178.1 8 9 UNITED STATES OF AMERICA STATE OF MINNESOTA* RAMSEY COUNTY CITY OF MAPLEWOOD R-. INTEREST RATE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1995A MATURITY DATE OF DATE ORIGINAL ISSUE SEPTEMBER 1, 1995 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS CUSIP KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County, Minnesota (the "Issuer ") , certifies that 'it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 1996, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of in (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record S 298178.1 9 Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. [So long as this Bond is registered in the name of the Depository. or its Nominee as. provided in the Resolution hereinafter described, and as those terms are defined therein, payment of, principal. of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Depository Letter Agreement, as defined in the Resolution, and surrender of ' this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book - entry. only system pursuant to the Resolution, Bonds may only be registered in the name of. the Depository or its Nominee.] REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. 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 happen and to be performed, precedent to and in the issuance of this s Bond, have been done, have happened and have been performed, 'in regular and due form, . time tand manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Include only until termination of the book -entry only system under paragraph 2 hereof. 298178.1 10 Date of Registration: Registrable by: Payable at: BOND REGISTRAR'S CITY OF MAPLEWOOD, CERTIFICATE OF RAMSEY COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the / Facsimile Resolution mentioned Mayor within. 2981 f s l Facsimile Clerk 11 ON REVERSE OF BOND Redemption All Bonds of this issue (the "Bonds" ) maturing in the years 2006 to 2016, both inclusive, are subject to. redemption and prepayment at the option of the Issuer on February. 1, 2 0 0 5 , and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment . If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the .Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent. and to each affected Holder of the Bonds. Selection of Bonds , for Redemption; Partial Redemlot ion . To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to-be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation This Bond is one of an issue in the total principal amount of $915.,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and P rsuant to a resolution adopted by the City Council of the u Issuer on August 24, 1995 ( the "Resolution") , for the purpose of 298178.1 12 providing money to finance various improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 1995A Fund of the Issuer. This Bond constitutes a general obligation of the Issue and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchancre; Resolution The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manne and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer This Bond is transferable by the Holder in person or b his, her or its attorney duly authorized in writing p � y � at the principal office of the Bond Registrar upon prese ntation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with.the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation) of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond., of the same maturity and bearing interest at the same rate. Fees upon, Transfer or Loss The Bond Registrar may Ym require payment of a sum sufficient to cover any tax or other q p governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is g Y . registered as the owner hereof for the purpose of receiving payment ent as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other ur oses, whether or not this Bond shall be overdue, and p p neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. 298178.1 13 a Qual_ f i ed Tax- Exe,_mgt Oblicaation This Bond has been designated by the Issuer as a "qualified tax- exempt obligation." for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM as tenants in common TEN ENT - as tenants by the entireties JT TEN ,as joint tenants With,right of survivorship and not as tenants in common UTMA as custodian for (Cust ) ( Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 298178.1 14 ASSIGNMENT For value received, assigns and transfers unto hereby irrevocably.constitute attorney to transfer the Bond registration thereof, with fu; premises. the undersigned hereby sells, the within Bond and does and appoint on the books kept for the ll power of substitution in the Dated: Notice: The assignor's signature to this assignment must correspond with the name as it . appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust com an or by a brokerage firm having a membership in one of the may • P or stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15 (a) (2) . The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: - (Include information for all joint owners if the Bond is held by joint account.) 298178.1 15 298178.1 16 8. Execution - Temporary Bonds The Bonds shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed ( or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may . act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds such signature or facsimile shall nevertheless be valid g and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory forany ator purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an .authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the_ City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is ,authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 1 1995. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 298178.1 17 Upon surrender for transfer of an Bond at the principal office of the. Bond Re the Cit shall execute (if necessar , and the Bond Re shall. authenticate,, insert the '.date of re (as provided in para 9.) of, and .deliver, in the name of the desi transferee or transferees, one or more new Bonds of an Authorized Denomination or 'Denominations of a like a principal amount, havin the same stated maturit and interest rate, as re b the transferor; provided, . however, that no Bond ma be re in blank or in the name of "bearer" or similar desi At the option of the Holder, Bonds ma be exchan for Bonds of an Authoriz Denomination or r Denominations of a like a principal amount and stated maturit upon surrender ender of the Bonds to be exchan at the principal office of the Bond Re Whenever an Bonds are I so surrendered for exchan the. Cit shall execute (if necessar and the Bond Re shall authenticate, insert the date of re of, and deliver the Bonds which the Holder makin the exchan is entitled to receive, All Bonds surrendered upon an exchan or transfer provided for in this resolution shall be promptl canceled b the Bond Re and thereafter disposed of as directed b the Cit All Bonds delivered in exchan for or upon trans fer of Bonds shall be valid g eneral obli of the Cit evidencin the same debt, and entitled to the same benefits under this re . solution, as the Bonds surrendered for such exchan or transfer. Ever Bond presented or surrendered for transfer or ,exchan shall be dul endorsed or be ac b a written instrument of transfer, in form satisfactor to the Bond Re dul executed b the Holder thereof or his, her or its attorne dul authorized in writin The Bond Re ma re pa of a sum sufficient to cover an t ax or other g overnm e ntal char pa in connection with the transfer or exchan of an Bond and an le unusual dosts.re transfers and lost Bonds. Transfers shall also be subject to reasonable re of the Cit contained in an a with the Bond Re includin re which permit the Bond Re to close its transfer books between record dates and pa dates. The Clerk is hereb authorized to ne and execute the terms of said.a 298178.1 18 11 Ricfhts Upon Transfer or Exchange Each Bond delivered . u p on transfer of or in exchange f or or in lieu of any other Bond shall carry all rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date Interest on any Bond shall be paid on each Interest' Payment Date by check or draft mailed to the d is registered erson in whose name the Bon �� P maintained (the "Holder") on the registration books of the City b the Bond R e g istrar and at the address appearing thereon at the Y of business on the fifteenth (15th) day g of the calendar close month next receding such Interest Payment Date (the "Regular P timely Record Date")* Any such interest not so t y p aid shall cease to be p Y a able to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner The City and Bond Registrar may treat the person in whose name any Bond is re istered as the owner of such Bond for the purpose of receiving g principal of and premium, pa Ym um, if any, and interest • (sub J ect to the payment provisions in paragraph 12 above) on, such Bond and for all other - purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Reg istrar shall be affected by notice to the contrary. 14. De livery: Avolication of Proceeds The Bonds when so re ared and executed shall be delivered by the Finance p p Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts There has hereto been created a capital projects fund designated the Public Improvement Pro Fund held and administered by the Finance Director separate and apart from all other funds of the City. The Public Improvement Projects Fund shall continue to be maintained in the manner heretofore specified. In the Public Improvement Projects Fund there shall be created and maintained separate construction accounts (the "Construction Accounts") for each improvement financed by this bond issue. To the Construction Accounts there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $903,105, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Accounts there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, 298178.1 19 c14 including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in'Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Accounts, the balance (other than any special assessments) may be transferred by the Council to the accounts of any other.improvement instituted pursuant to Minnesota Statutes, Chapter.429 and provided further that any special assessments credited to the Construction Accounts shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. There is hereby created a debt service fund to be designated the General obligation Improvement Bonds, Series 1995A Fund (the Debt Service Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from a.11 other funds maintained in the official financial records of the City. The Debt Service Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Fund: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Accounts and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $903,105; (d) any collections of all taxes herein or hereafter levied.. for the payment of the Bonds and interest thereon; (e) all funds remaining in the Construction Accounts after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another (f) all investment earnings on funds held in the Debt Service Fund; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Fund. The Debt Service Fund shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. 298178.1 20 No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5 %) of the proceeds of the Bonds or $ To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Accounts or Debt Service Fund (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion made available under the federal arbitrage regulations. Money in the Fund not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the ' meaning of Section 14 9 (b) of the Internal Revenue Code of 1986, as amended ( the "Code"). 16. Assessments It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby .further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and.valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect , or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below 299178.1 21 and with interest on the declining balance of all such assessments at the rates per annum not less than the -rate per annum set forth opposite the collection years specified below: Improvement Collection Designation Amount Levy Years - Years Rates O 93 -02 (T.H. -0- 1999 $ 61 Frontage 2000 $ 3,255 Roads) $107,366 1995 -2014 1996 -2015 7.000 2002 93 -08 4,489 2003 $ (Sterling/ 2004 $ 5,508 Valley View / $ 5 2006 Schaller) 679 1995 -2014 1996 -2015 7000 ( iii) .93-14 ( Searle 2008 $ 6,887 Street $ 7,113 Storm Sewer) 2,100 - 1994 -2013 1995 -2014 7.50 (iv) 94 -06 (East Shore Drive Storm Sewer) _-4, 725 1994 -2013 1995 -2014 7.50 TOTAL $ 793 1 26-0- At the time the assessments are in fact levied the City Council shall, based on the then- current estimated collections of the assessments, make any.adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Lew: Coverage Test To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levv 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year-of Tax Collection Amount 1998 $ -0- 1999 $ 2,406 2000 $ 3,255 2001 $ 3,908 2002 $ 4,489 2003 $ 5,021 2004 $ 5,508 200.5 $ 5 2006 $ 6,291 2007 $ 6,613 2008 $ 6,887 2009 $ 7,113 298178.1 22 2009 2010 $ 7,293 2010 2011 $ 7,425 2011 2012 $ 7,511 2012 2013 $ 7,570 2013 2014 $ 7,603 2014 2015 $ 7,949 The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent ( 5 0 ) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City. reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, .Section 475.61, Subdivision 3. 18. Defeasance When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease.. The City may discharge its obligations with respect to any Bonds which are ---due---on any_ _date _ b_y_ irrevocab_1y _depositing_ _ with _ the Bond Registrar on or before that date a sum sufficient for the payment thereof in full- or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in "full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow.agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to 298178.1 23 ca reimburse . itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure ") . The City hereby certifies and /or covenants as follows: (a) Not later than 60 days of ter the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively ( i ) states the City's. reasonable expectation to reimburse . itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration . relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project ") and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the: Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs which in the aggregate do not exceed 20% of the ".issue price of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1995, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax - exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2 (d) (3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the 298178.1 24 Reimbursement Expenditure or one year after the date on which the Project -to which the Reimbursement Expenditure relates is first placed in service. d Each such reimbursement allocation will be made in a writing that evidences the City. use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made .within 30 days after the Bonds are issued, shall be .treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel fo -r the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 20. Continuina,Disclosure The City is the sole obligated i person with respect to the Bonds., The City hereby g agrees, n accordance with the provisions o f Rule 15c2-12 (the b the Securities and "Rule".) , promulgated Y Exchange Commission (the. "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: A. Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR ") g p and to the appropriate state _information depository ( "SID" ) , if an y' for the State of Minnesota, in each case as designated by h the Rule the Commission in accordance with , certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. B. Provide or cause to be provided, in a timely manner, to i each. NRMSIR or to the Municipal Securities Rulemaking Board ( " MSRB" ) and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. C. Provide or cause to be provided, in a timely manner, to ( i ) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. D. The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. 298178.1 25 The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of.the City the Undertaking in substantially the form presented to the City, .Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and ( iii acceptable to the Officers 21. General Obl ictat ion , Pledge . For. the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are.hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4 22. Certificate of Registration The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 23 Records and Certificates The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City., and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall .be deemed representations of the City as to the facts recited therein. 240 Negative Covenant as to Use of Proceeds and Improvements The City hereby covenants not to. use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. .25. Tax- Exempt Status of the Bonds; Rebate The City shall comply with requirements necessary under the Code to 298178.1 26 establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of. excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small- issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units g issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a g overnmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety - f ive percent (95!k) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City) , and (4) the aggregate face amount 'of all tax - exempt bonds ( other than private activity bonds) issued by the City ( and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 26. Designation , of Oualif , ied Tax- Exemot Cblicrations . in order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b) (3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986;. (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Sect iori 2 6 5 (b) (3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1995 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1995 have 298178.1 27 • been designated for purposes of Section 265(b).(3) of the Code. The City shall use its best efforts to comply with any federal . procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Sever blity If any section, paragraph or provision of this resolution shall be. held to be invalid or unenforceable for any reason, the invalidity or unenforceablity of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28 Headinc,s. Headings in this resolution are included for convenience of reference only and are not a pert hereof, and shall not limit. or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and,. after a full discussion thereof and upon a vote ]being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 2981.78.1 28 1995 G. O. Tax Increment Refunding Bonds e. Councilmember Kopp en introduced the following Resolution and moved its adoption 95 - 08 - 95 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,.215,,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1995B, PROVIDING FOR THEIR ISSUANCE., PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF (RESOLUTION ATTACHED) Seconded by Councilmember Koppen Ayes - all W ADJOURNMENT 4:39 P.M. The Council .then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,215,000 GENERAL - OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1995B, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS the City Council of the City of - Maplewood, Minnesota (the "City"'), has heretofore determined and declared that is necessary and expedient to provide moneys for a crossover refunding of the City's outstanding General Obligation Tax Increment Bonds of 1989, dated November 1, 1989 (the "Prior Bands "), which mature on February 1, .2000, and thereafter. The Prior Bonds were issued for the purpose of providing money to finance a portion of certain capital and administration costs of Development District No 1 (the ''Development District ") in the City ( the "Project ") , as set forth in a development program ( the "Program ") . The City has heretofore approved tax increment financing plans ( collectively, the "Plans") for Housing District No 1 -3, Economic Development District No. 1 -2 and Economic Development District No. 1 -3 within the Development District (collectively, the "Tax Increment Districts ") Tax increments derived from the Tax'Increment Districts are referred to herein as the "Tax Increments ", pursuant to the resolution of the City Council, dated October 19, 1989, authorizing issuance of the Prior Bonds ( the "Prior Resolution ") ; and B. WHEREAS, $1,175,00 of the principal amount of the Prior Bonds which mature on or after February 1, 2000 are callable on February 1, 1999, at a price of par plus accrued interest as provided in the Prior Resolution; and C. WHEREAS, the refunding of the callable Prior Bonds, is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City and D. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $ General Obligation Tax Increment Refunding Bonds, Series 1995B of the City, pursuant to Minnesota Statutes, Chapter 415, to provide moneys for a crossover refunding of the callable Prior Bonds; and E. WHEREAS, it is in the best interests of the City that the Bonds (as hereinafter defined) be issued in book-entry form as hereinafter provided; and 298535.1 2 NOW, THEREFORE, BE IT RESOLVED by the Counc of the City of Maplewood, Minnesota, as follows:. 1. Accer)tance of. Proposal . The proposal of* Dain Bosworth Incorporated (the "Purchaser to purchase ftmnwww� $1,215,000 General Obligation Tax Increment Refunding Bonds, Series,. 1995B of the City (the "Bonds" or individually a "Bond ") , in accordance with the t erms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ l j t208 j r608-v36 plus interest accrued to settlement, is hereby found, determined and declared to be the most. favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker, The City Clerk is directed to regain the deposit of said proposal maker and to. forthwit return to the unsuccessful proposal makers their good f aith checks and drafts. 2 Bond Terms (a) Title Original Issue Date: Denominations: Maturities; Combining. Maturities , The Bonds shall be titled "General Obligation Tax Increment Refunding Bonds, Series 1995.8 shall be dated September 1, .1995., as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the. denomination of $5, 000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ").. The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2000 $ 60,000 2005 $145,000 2001 65,000 2006 160,000 2002 70,000 2007 170, 000 2003 110, 2008 180,000 2004 130,000 2009 125,000 For the purpose of complying with Minnesota Statutes, Section 475. Subdivision 1, the maturity schedule for the Bonds has been combined with the maturity schedule for the Prior Bonds, as permitted by Minnesota Statutes, Section 475.54, Subdivision 20 (b) hook Entry Only System Midwest Securities Trust company, a limited purpose trust company organized under the laws of the State of Illinois or any of its successors or its successors to its functions hereunder (the 'Depository ") will act as securities depository for the Bonds, and to this end: W The Bonds shall be initially issued and, so long as they remain in book entry form only ( the "Book Entry Only Period ") , shall at all times be in the form of a separate single .fully registered Bond for each maturity of the Bonds; 298535.1 3 and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by Norwest Bank Minnesota, National Association (the "Bond Registrar ") in the name of KRAY' & CO.., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository ( the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books. and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Register Holder of any Bonds (the "Holder") . For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy* (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, i and interest on the Bonds , for the purpose of giving noices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the bond register, and all such 298535.1 4 payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond . and all notices with respect to such Bond shall be made and given., respectively, by the Bond Registrar or City, as the case may be, to -the Depository as provided in the Depository Letter Agreement to the Depository required by the Depository as a condition to its acting as book- entry Depository for the Bonds (said Depository Letter Agreement, together with any ... replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book- entry Depository for the Bonds, collectively hereinafter referred to as the "Depository Letter Agreement ") . (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice .requesting such consent or other action as the record date for such consent or other action; provided, that the.City or the Bond Registrar may establish a special record date for .such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency /bond registrar agreement, shall agree to take 298535.1 5 any actions necessary from time to time to comply with the requirements of the Depository Letter Agreement. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing.its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder ' can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as'the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) The Mayor and City Clerk are authorized and directed to execute in the name of the City the Depository Letter .Agreement in substantially the form on file in the office of the City. In the event of the disability or the resignation or other absence of the Mayor or Clerk of the City, such other officers of .the City who may act in their behalf shall without further act or authorization of the City do all things and execute all 298535.1 6 instruments and documents required to be done or to be executed by such absent or disabled officials. The provisions in the Depository Letter Agreement are incorporated herein by referenced and made a pant of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Depository Letter Agreement shall control. 3. Purmose, �R funding Findings . The Bonds shall provide funds for a crossover refunding of all the City's callable Prior Bonds (the "Refunding ") . It is hereby found, determined and declared that the Refunding is pursuant to Mi nnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the Bonds, shall result in a present value reduction of debt service for the Bonds to their stated maturity dates of at least three percent (3.00%-), computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1996 calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows Matu rity Interest Maturity Interest Year Rate Year Rate 2000 4.90 0 2005 5.00 °W 2001 4.90 2006 5.00 2002 4.90 2007 5910 2003 4.90 2008 5.2O 2004 4.90 2009 5.40 5. Redemption All Bonds maturing in the years 2006 to 2009, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 2005, and on any date thereaf at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the 'Bond Registrar. Bonds or portions thereof called for redemption shall be due and p ayable on the redemption date, and interest thereon shall cease to accrue. from and after the redemption date Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of 298535.1 7 redemption shall be given to the paying agent and to each , Y g affected registered _ holder of the Bonds . To effect a partial redemption of Bonds having a common .maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, usin such method of selection as it shall deem proper in its dis cre- tion, from the numbers so assigned to such Bonds, as man y numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; P rovided however, that,only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form. satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute ( if necessary) and the Bond Registrar .shall authenticate and deliver to the Holder of such Bond, without service charge, a new . Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Folder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 60 Bond Registrar Norwest Bank. Minnesota, National Association in Minneapolis 1innesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the. "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed., all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds . in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7 . Form of Bond The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 298535.1 8 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- MATURITY DATE DATE OF ORIGINAL ISSUE SEPTEMBER 1 1995 S GENERAL OBLIGATION.TAX INCREMENT REFUNDING BOND, SERIES 1995E REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS CUI P KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood,-Ramsey County, Minnesota (the "Issuer ") , certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth , the principal rinci al amount specified above, on the maturity date specif ied above, and to pay interest thereon semiannually on February 1 and August 1 of each year ( each, an "Interest Payment Date ."), commencing August 1, 1996, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal off ice of in ( the "Bond Registrar ") , acting as paying agent, or any successor paying agent duly P y appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained b y the Bond Registrar and at the address appearing thereon.at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record 298535.1 9 Date shall be g iven to Bondholders not les-s than ten da prior to the Special Record Date. The principal of'and -premium, if an and interest on this Bond are pa in lawful mone of the United States,:of America. [So lon as this Bond is re in the name of the Depositor or its Nomin as provided in the Resolution here inaf ter. described, and as those terms are defined therein, pa of principal .of,. premium, if an y , and Interes t on this Bond and notice with respect:thereto shall be made as provided in the Depositor Letter A as defined in the Resolution,. and surrender of this Bond shall not be re for pa of the redemption price'upo a partial redemption of this Bond. Until termination of the book- entry onl s pursuant to the Resolution, Bonds ma o be re in the name of t he D epositor y or its Nominee. ] REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and thin re b the Constitution a nd laws of the .State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in re and due form, time and manner as re b law, and that this Bond, to with all other debts of the Issue outstandin on the d of a I ori issue hereof and the date of its issuance and deliver to the ori purchaser, does not exceed an constitu or statutor limitation of indebtedness. IN WITNESS WHEREOF, the Cit of Maplewood, Ramse Count Minnesota, b its Cit Council has caused this Bond to be exe on its behalf b the facsimile si of its Ma and its Clerk, the corporate seal of the Issuer havin been intentionall omitted as permitted b law. Include onl until termination of the book-entr onl s under para 2 hereof. 298535.1 10 298535.1 11 ON REVERSE OF BOND Redemr)t_ion All Bonds of this issue (the "Bonds ") maturing in the years 2006 to 2009, both inclusive, are subject to redemption and prepayment at the option of the Issuer on February 1, 2 0 05 ,. and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment, if redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer.; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date Mailed notice of redemption shall be given to the' paying agent and to each affected Holder of the Bonds. Selection o; Bonds for RedeMRtion:.Partial Redemption Ta.effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed., The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 steal 1 .be redeemed as shall equal $5,000 for each number assigned to it and 8.0 selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in fora satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal: to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Puroose: General Obligation This Bond is one of an issue in the total principal amount of $1,225,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on August 24, 1995 ( the "Resolution ") , for the purpose of 298535.1 12 providing funds sufficient for a crossover refunding on February 1. 1999, of the Issuer's General Obligation Tax Increment Bonds of 1989, dated November 1, 1989, which mature on February 1, 2000 thereafter. This Bond is payable out of the Escrow Account and the Debt Service Account of the Issuer's General Obligation Tax Increment Refunding Bonds Series 1995E Fund of the.. Issuer. This Bond constitutes a general obligation of the Is suer , and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due., the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange: Resolution The Bonds are issuable solely as fully registered bonds in Authorized Denominations ( as defined in the Resolution) and are exchangeable for registered Bonds of other Authorized denominations in equal aggregate principal , amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this 9 Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this .Bond, of the same maturity and bearing interest at the same rate. Fees uoon Trann.f er or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other goVernmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in.whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 298535.1 13 Authentication This Bond shall not he valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. .. alif ied Tax- Exemot Obligation This has been designated by the Issuer as. a "qualified tax-exempt obligation" for purposes of Section .265 (b) (3) of the Internal Revenue Code of 1986 as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint with right of survivorship and not as tenants in common UTMA as custodian for (Gust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 298535.1 14 ASSIGNMENT For value received, the undersi her sells, assi and tran unto the within Bond and does hereb irrevocably c onstit u te and appoint attorne to transfer the Bond on the books kept forthe re thereof, with full power of substitution in the prem3-ses Dated:' Notice. The a ssi g nor's si to this assig must correspond with the name as it appears upon the face of the within Bond in ever particular, without alteration o r an chan w hatever., Si Guaranteed: Si g nature(s) must be g uaranteed b a na bank or trust compan or b a brokera f irm havin a membership in one of m the majo aDo . r stock exchan or an other "Eli Gu Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Re will not effect transfer of this Bond unless the information concernin the transferee re below is provided. Name and Address: (Include information for all joint owners j if the Bond is held b account.) 298535.1 15 298535.1 16 8. Execution ;.Temnorarv.Bonds The Bonds shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed (or, at; the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In t;he.. event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or flacsimi1e signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or - facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Au hentication No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of off icers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 1, 1995. The Certificate of Authentication so P executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 298535.1 17 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, 'the City shall execute (if necessary), the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of , and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged f or Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and. stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, .the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of regist- ration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written I nstrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any. agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates.and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 298535.1 18 11. Rights -.on Transfer or Exchange Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Pavment: Record Date Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing. thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date ") Any such interest not so timely paid shall cease . to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest.,, Notice p of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment--of Registered Owner The City and Bond Re g istrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving a ent of principal of and premium, if any, and interest P ym P (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be.affected by notice to the contrary. 14. Deliver: Aoolication of Proceeds The Bonds when so P repared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts There is hereby created a special fund to be designated the "General Obligation Tax Increment Refunding Bonds, Series 1995B Fund" ( the "Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein authorized, and any other general obligation tax increment bonds hereafter issued to complete the Project, including any modifications and additions thereto, and the interest thereon have been fully paid and the City has been. fully reimbursed from the pledge of Tax Increments for all of the principal and interest of such bonds paid by the City from taxes levied on property in the City other than the Tax Increment Districts. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have 298535.1 19 been fully paid. There shall be maintained in the Fund two ( 2 ) separate accounts, to be designated the "Escrow.Account" and "Debt Service Account ", respectively. (i) Escrow Account The Escrow Account shall be maintained as an escrow account with Norwest Bank Minnesota, N.A. (the "Escrow Agent ") in Minneaholi $ Minnesota which is a suitable financial institution within or without the state whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000. All.proceeds of the sale of the.Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account on to pay costs.of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocable pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, ( i ) to pay when due the interest to accrue on each Bond herein authorized to and including February 1, 1999; and (ii) to pay when called for redemption, on February 1, 1999, the principal amount of each of the Prior Bonds. From the Escrow Account there shall be paid (1) all interest on the Bonds herein authorized to and including February 1, 19 9 9 , and ( 2 ) the principal of the Prior Bonds due by reason of their call for redemption on February 1, 1999. The Escrow Account shall be irrevocably appropriated to the payment of the principal of and interest on the Bonds herein authorized until the proceeds of the Bonds are applied to payment of the Prior Bonds. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement ") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the Clerk. Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. Debt Service Account There are hereby irrevocably appropriated and pledged to, and there shall be credited to the Debt Service - Account . (1) after the crossover date, Tax Increments. derived from the Tax Increment Districts; (2) any collections of all taxes herein or hereafter levied for the payment of the .Bonds and interest thereon; ( 3 ) any balance remitted to the City upon the termination of the Escrow Agreement; (4) any balance remaining on February 2, 1999, in the Obligation Tax Increment Bonds of 1989 Fund created by the Prior Resolution; (5) all investment earnings on funds in the Debt Service Account; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt 298535.1 20 Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No p I ortion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher y ielding investments, except (1) for a reasonable temporary 0 period until such proceeds are needed for the purpose for which P issued, . the Bonds were and (2 ) in addition to the above, in an amount not reater than the lesser of five percent (5k) of the g proceeds of the Bonds or $100,000., To this effect, any proceeds .of the' Bonds and any sums from time to time held in the Fund ( or any other City account which will be sued to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meanie of Section 149(b) of the federal Internal Revenue Code of g 1986 , as amended ( the "Code"). 16. Prior Bonds -: _ Security Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its of f icers and agents. 17. Tax Increments The City hereby pledges and appropriates the Tax Increments derived from the Tax Increment Districts to the Debt Service Account, which pledge and appropriation shall continue until all of the Bonds, and any additional bonds -payable from the Debt Service Account, are paid or discharged. The City hereby expressly reserves the right to use.the Tax Increments to finance costs set forth in the Program and Plans not financed hereby or to finance costs of other projects to be undertaken from time to time within the Development District in accordance with the Program and the Plan, as may be from time to time amended. 18. Tax Levy Covera_e Test Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable ro ert in the City a direct annual ad valorem tax which P P Y 298535.1 2 1 w shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levv Collection Amount The tax levies are such that if collected in full they, together with estimated collections of Tax Increments and other revenues herein pledged for the payment of the Bonds and sums held in the Escrow Account, will produce at least five percent t5% in excess of the amount.needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the. extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior Bonds, the uncollected taxes pledged in the Prior 'Resolution authorizing the issuance of the Prior Bonds, shall be cancelled. 19. Reservationof Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner permitted by law. 20., Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted. by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are ..due on any date by irrevocably depositing with the Bond Registrar on or bef ore that date a. sum suf f icient f or the payment thereof in full or if .any Bond should not be paid when due it may nevertheless be discharged by depositing with the Bond Registrar a . sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. 298535.1 22 The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 21. Continuincr Disclosure The City is the sole obligated person with respect to the.Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to A. Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the . appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. B. Provide or cause to be provided, in a. timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB" ) and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. C. Provide or cause to be provided, in a timely manner, to ( i ) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial inf ormation with respect to the City described in the Undertaking. D. The City agrees that its covenants pursuant to the Rule set forth in this paragraph 21 and in the Undertaking is intended to be for the benefit 'of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the city. authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City 298535.1 2 3 Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, ( ii ) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 22 General Oblicration Pledge For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If -the balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 23. Securities,, Escrow Agent Securities purchased from moneys in the Escrow Account shall be limited to. securities set forth in Minnesota Statutes, Section 475 67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 24. Redemption of Prior Bonds The Prior Bonds which mature in 2000 and thereafter shall be redeemed and prepaid on February 1, 1999, in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit A, which terms and conditions are hereby approved and .incorporated herein by reference. Said, Notice of Call for Redemption shall be mailed to the paying agent or agents for the Prior Bonds prior to said redemption date therefor and to the registered owner of each Prior Bond at the address shown on the registration books kept by the registrar for the Prior Bonds pursuant to the Escrow Agreement. 25. Escrow - Agreement On or prior to the delivery of the Bonds the Mayor and Clerk shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 26. Purchase of SLGS or Ooen Market Securities Springsted Incorporated, as agent for the Council, is hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and /or open market securities as provided in paragraph above, from the proceeds of the Bonds 248535.1 24 E and to the extent necessary, other available funds, all in and, to the extent, necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 27. Certificate f Recaistration The Clerk is hereby directed to file,a certified copy of this resolution with the county Auditor of Ramsey County, Minnesota, together with such other information as he or she shall require, and to obtain the county Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, that the tax levy for the Prior Bonds has been cancelled and that the tax levy required by law for the Bonds has been made. 28. Records and Certificates . The officers of the City are hereby authorized and directed to prepare and furnish to the.Purchaser, and to the attorneys.approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition rand affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts. recited therein., 29. Negative Covenant as Pro ect The City hereby covenants the Bonds or to use the Project, or used., or to enter into any deferred coast of the Project, in such a mann "private activity bonds" within the 141 through 150 of the Code. o Use of Proceeds and not to use the proceeds of to cause or permit them to be payment arrangements for the er as to cause the Bonds to be meaning of Sections 103 and 30. Tax- Exemot Status of. the Bonds: Rebate The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield- greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small- issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $ or less of bonds, the City hereby finds, 298535.1 2 5 determines and declares that (1) the Bonds are issued by a g overnmental unit with general taxing powers (2) no Bond is a private activity bond, (3) ninety -five percent (95 0) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the . City) , and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000 000, all within the meaning of Section 14 8 (f) (4) (D) of the Code Furthermore: ( i ) each of the Prior Bonds was issued as part of an issue which.was treated as meeting the rebate requz.rements by reason of the exception f or govern - mental units issuing $5,000,000 or less of bonds; (ii) the average maturity of the Bonds does not exceed the remaining average maturity of the Prior :Bonds; and ( iii) no maturity of the Bonds. has a maturity date which is later than the date which is thirty (30) years after the dates the Prior Bonds were issued 31. Des ic;nation of Qualified Tax -Exe. t Oblicaations . In order to qualify the Bonds as "qualified tax- exempt obligations within the meaning I of Section 265 (b) (3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued of ter August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section, 265 (b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity p bonds, treating qualified 501 (c) (3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1995 will not exceed $10,000,000,- 298535.1 26 q (e) not more than $10,000,000 of obli issued b the Cit durin this.calendar y ear 1995 . have been.desi for purposes of'Section 265(b)(3) of the Code; and the a face a mount of the Bonds doe not exceed $10,000,000. The -Cit shall use its best e fforts to compl with an federal p r oc e dural re which ma appl in order to effectuate, the desi made b this para g raphO 32. Suppleme Resolutio The Prior Resolution is hereb supplemented to the extent necessar to g ive effect to the provisions of this resolution. 33. -Severabilit If an section, para or provision of this resolution shall be heid.to be invalid or unenforceable for an reason, the invalidit or unenforceabilit o such section, par .or provision shall not affect an of the remainin provisions of this re s olution. 34. Head ings. Headin in this resolution are included for co of reference onl and are not apart hereof, and shall not limit or define the meanin of an provision hereof 0 The motion for the adoption of the fore resolution was dul seconded b member and, after a full discussion th and upo a vote bein taken thereon, the followin voted in favor thereof: and the followin voted a the same: whereupon said resolution was declared dul passed and adopted. 298535.1 2 7 J EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT BONDS OF 1989 CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that b order of the Cit Council of the Cit of Maplewood, Ramse Count Minnesota, there have been called for redemption and prepa on Februar 1, 1999 those outstandin bonds of the Cit desi as General Obli Tax Increment. Bonds of 1989, dated November 1, 19891 havin stated maturit dates in the y ears 2000 throu 2009, and totallin $1,175,000 in principal amount. The bonds are bein called at a price of par plus accrued interest to F 1, 1999, on which date all interest on said bonds will cease to accrue.. Holders of the bonds hereby called for redemption are re to present their bonds for pa at Norwest Bank Minnesota, National Association (as successor to, Mar Bank Minneapolis, National Association) , if b mail to: Corporate Trust operations, Sixth and Mar Avenue, or. if in person to: Corporate Trust Bond Window, 608 Second Avenue South, 4th Floor, suite 460, in Minneapolis, Minnesota 55479-0113, on or before Feb 1, 1999. Dated: Au 24, 1995. BY ORDER OF THE CITY COUNCIL Isl Lucille Aurelius Clerk i mportant Notice: Under the Interest and Dividend Compliance Act of 1983, 310 will be withheld if tax identification is not properl certif ied. Additional information ma be obtained from: SPRINGSTED INCORPORATED 85 East Seventh Place Suite 100 St. Paul, Minnesota 55101-2143 Telephone No.: (612) 223-3000 298535.1 AGENDA MAPLEWOOD City COUNCIL 7:00 P.M., Monday, August 28, 1995 Council Chambers, Municipal Building Meeting No. 95-17 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 95 -15, (August 14, 1995) Councilmember Rossbach moved to approve the minutes. of Meeting No. 95 -15 . (August 14 1 .995) as presented. Seconded by Councilmember Koppen Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve.the Agenda as.amended: L1 Hazelwood and Highway 36 L2 Cross Walk, Lydia Avenue L3 Mayor's Update Seconded by Councilmember Carlson Ayes all 1 8 -28 -95 EA. APPOINTMENTS /PRESENTATIONS 1. Community Design Review Board Appointment (Tim Johnson) a. Manager McGuire presented the staff report. b. Mr. Tim Johnson, 1649 Lakewood Drive, responded to questions from the Council. c. Councilmember Carlson moved to appoint Mr. Tim Johnson to the Communi Desi Review Board. I��I1���1 ICI Seconded by Councilmember Koppen F CONSENT AGENDA: Councilmember Carlson moved, seconded I the Consent Agenda, items F -1 thru F- 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $1,002,799.10 PAYROLL: $ 2309598.80 $1 $ 275,087.74 $ , , 50, 237.98 $ 325 $195589723.62 2. Surplus Property Disposal Ayes - all ;ouncilmember Koppen: ayes - all, to approv as recommended. Checks #5379 - #5477 Dated 8 -1 -95 thru 8 -16 -95 Checks #21249 - #21454 Dated 8 -28 -95 Total Accounts Payabl Payroll Checks #83137 thru #83422 Dated 8 -11 -95 Payroll Deduction Checks #83427 thru #83448 dated 8.11 -95 Total Payroll GRAND TOTAL Declared a surplus property and authorized. disposal at State auction, to be held October 28, 1995, at the Oakdale MnDot facility, V.E.M. Unit #501, 1983 Chevrolet 1/2 Ton Pickup, S/N 1GOCC14DBD166659, Mileage 89,615, which is out of service due to transmission failure, and brake and engine repair needs that would far exceed the value of the unit. 3. Surplus Property Disposal Declared as surplus property and authorized disposal at State auction, to be held October 28, 1995, at the Oakdale MnDot facility, a Scotchlite heat lamp ap plicator (sign making machine) S/N 1965 and Scotchlite temperature pP controller S/N 4928, which has been replaced and no longer has any value to the City. R 2 8 -28 -95 M 4 .Budget Adjustment - Surveying Data Coll Authorized a budget adjustment of $1,885.00 f rom the Contingency Account to the Engineering Capital Outlay Account for the purchase of a total stat ion data collector with an additional computer software upgrade, to repl the existing data collecto which cannot be repaired. 5. Ambulance Bill - Application for Cancellation Authorized cancellation of the remaining balance of $240.48 on an ambulance bill for Bettymae Landeen. 6. Budget Transfers - 1995 Supervisors' Contract Authorized the transfer of funds between the following contingency accounts and the appropriate wage funds to finance the 1995 Supervisors' wage increases From General Fund Contingency $3,790 To Sewer Fund.Contingency < 530> To Water Fund Contingency 1< 520> To VEM Fund Contingency <1,250> 7 Conditional Use Permit Review - Schroeder Milk Company (2080 Rice Street) .Reviewed and renewed the Conditional Use Permit allowing Schroeder Milk to expand their dairy product processing. and distribution facili at 2080 Rice Street, subject to their completion of the following items by November 13, 1995: 1. Pave, stripe and curb with continuous concrete curbing the parking lot north of the maintenance buildi 2. Install a lawn - irrigation system in the new landscaped area next to the new office wing. 8. Flexible Dependent -Care Assistance Program Authorized establishment of a Flexible Dependent -Care Assistance Program for City employees, as allowed by Sections 125 and 129 of the Internal Revenue Code. 3 r:�a� G. PUBLIC HEARINGS 1. 7 :00 P.M.: Lawn Irrigation Variance The Homestead at Maplewood (1890 Sherren Ave) a. Mayor Bastian convened the meeting for a public hearing regarding a request from the Volunteers of America for a variance. from the in- ground lawn irrigation requirement at the new 62-unit assisted living facility at 1890 Sherren Avenue. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Boardmember Robinson presented the Community Design Review.Board report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: John Glasow, 2271 Craig Place, requested lawn irrigation, a path and privacy fence, and for the property to be sodded. Jeanine Moreno, 2272 Craig Place, is in favor of lawn irrigation f, Mayor Bastian moved to continue the ,public , hearing unt i l September 11, 1995. Seconded by Councilmember Carlson Ayes all g.. Council directed staff to: 1) Send a note to Bachman's notifying them the water sprinkler sprays onto the street; 2) Check on VOA property regarding a privacy fence, pathway, upkeep of lawn around new building and boulevards Is contractor or VOA responsible? 3) Check on ADA non - compliance with curb by path 4) Invite a representative of VOA to September 11, 1995 Council meeting H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Grandview Addition - Preliminary Plat (Carver Avenue) a. Manager McGuire presented the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Mayor Bastian moved to table the Grandview Addition proposed plat until the. developer requests action or December 11, 1995. whichever comes f rst. Seconded by Councilmember Carlson Ayes - all 4 8 -28 -9G 2. Alarm Ordinance - 2nd Reading a . Manager McGuire presented the staff report. b Director of Public Safety Collins presented the specifi of the report c. Council directed staff to: 1) Present information about alarm systems when building permit is issued; 2) Expl to res idents the do's and don'ts of alarm systems 3) Educate the residents on security. d Councilmember Koppen introduced the following Ordi anc�,and moved: its adoption: ORDINANCE NO 737 ALARMS AND ALARM SYSTEMS Chapter 4 ALARMS AND ALARM SYSTEMS* Art. I. In General, §§ 4 -1 -- 4 -40 Div. 1. Generally, §§ 4 -1 -- 4 -20 Div 2. Fal Alarms §§ 4 -21 -- 4 -40 Art II. Licenses, H 4 -41 -- 4 -49 ARTICLE I. IN GENERAL DIVISION 1. GENERALLY Sec 4 -1 Defin For the purposes of this chapter, the following words, terms and phras shall have the following respective meanings ascribed to them. Alarm agent: "Alarm agent", shall mean any employee of an alarm business. Alarm.,.�audible: "Audible alarm" shall mean an alarm system, or a functional component thereof, designed and emplaced to emit a loud noise for the purpose of attracting the attention of passersby when operated. Alarm business: "Alarm business" shall mean any person or firm in the City engaged, in whole or in part, in the business of i nstal l i ng ng or monitoring any alarm system in or on any building, place, or premises. *Cross reference -- Fire prevention and protection, Ch 12 State law reference -- Alarm transmission telephone devices, M.S. § 237.47. Alarm, false: "False alarm" shall mean the triggering of an alarm through component failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. It does not include triggering of the alarm by acts of God or by utility compa power outages. 5 8 -28 -95 Alarm, contract: "Contract alarm" shall mean an alarm system or device, protecting a fixed "remise within the City, which is remotely operated or monitored, or responded to by an alarm business from a location wi thi n or outside the City. . -T Alarm..nuisa.nce:. " Nuisance alarm" shall mean an audible alarm, confirmed by observation by res p 9P ondin ublic safety personnel to be emitting continuous or repetitive false alarms disturbing the public peace, in circumstances such that a responsible party cannot be identified or is unavailable to silence said alarm. Alarm p P proprietor: "Proprietor alarm" shall mean an alarm installed, maintained, operated, and responded to by the user, without the participation of an alarm business. Alarm system: "Alarm system" shall mean any device or apparatus for automatically signalling the occurrence of an unlawful event or unsafe condition that requires a response by public safety personnel. Person: "Person" shall mean any individual, partnership, corporation, or other entity. Subscriber: "Subscriber" shall mean a customer of an alarm business whom, by contract or agreement, receives service, including monitoring, remote operation of, or response to, any g operational alarm system, portable or installed. (Ord. No. 483, § 1216.0109 3 -6 -80) Cross reference -- Rules of construction and definitions generally, §1 -41 et seq. Sec. 4 -2. Exemptions. The Pp rovisions of this chapter are not applicable to owner - installed alarms when used in a p P .private dwelling. (Ord. No. 483, § 1216.010, 3 -6 -80) Sec. 4 -3. Standards for alarm systems, proprietor alarms and contract alarms. The Director of Public Safety may prescribe minimum standards for the construction and maintenance, and may require inspection and approval, of all alarm systems, proprietor alarms and contract alarms operated within the City. These regulations shall become effective upon adoption by council resolution, and all devices shall meet or exceed such standards before licenses ma y be issued under this chapter. Such standards shall not exceed the requirements specified,by Underwriters Laboratories, Inc., or Factory Mutual Research Corporation. (Ord. No. 483, § 1216.020, 3 -6 -80) Sec. 4 -4. Audible alarm requirements. All audible alarms in the City shall meet the following requirements: (1) Every proprietor or subscriber maintaining an audible alarm at any place of business, or other non - residential premise, shall maintain a current record, at the Department of Public Safety, of the name and telephone number of the persons to be notified to render repairs or service when the alarm is triggered. (2) Audible alarms that sound like police or fire sirens are forbidden. (3) Audible alarms shall have an automatic shutoff which will silence the audible signal within a period not to exceed twenty (20) minutes for fixed locations, or five (5) minutes for vehicle alarms. (Ord. No. 483, § 1216.020 3 -6 -80) 6 8 -28 -95 SAlarm agents. No person shall operate as an alarm agent in the City, unless he is employed by an alarm company licensed under provisions of this chapter. (Ord. No. 483, §- 1216.030 3.6 -80) Sec. 4 -6. Alarm transmission telephone devices. .No person shall install an alarm system, or use and possess an operative alarm system, which utilizes an automatic dialer to . - deliver prerecorded voice messages via telephone to the City public safety communications center. (Ord. No..483, § 1216.0309 3 -6 -80) State law reference -- Alarm transmission devices, M.S. § 237.470 Secs. 4-7 - 4 -20. Reserved. DIVISION'2. FALSE ALARMS* Sec. 4 -21. Reports required. A report shall be filed with the Director of Public Safety within ten (10) working days after alarm for each and every alarm transmitted to the police department and if requested by the director of public safety, such report shall contain all information specified by the Director of Public Safety. (Ord. No. 483, § 1216.020 3 -6 -80; Ord. No. 491, § 1, 7- 24 -80) sec. 4 -22.. Responses by City to false alarms; written reports required; inspections; fees; excusable false alarms etc (a) No fee shall be charged for the first two responses by the City to a false alarm from an alarm system at a fixed location in the City at which no false alarm has occurred within the preceding six -month period. *State law references -- Falsely reporting crime. M.S. § 609.505; false fire alarms, M.S. § 609.686. (b) For a third false alarm response by the City to an alarm system at a fixed location in the City within six (6) months after a second such response, a penalty of twenty- five dollars ($25.00) will be assessed against the proprietor or subscriber of the alarm system and the Director of Public Safety may require the proprietor or subscriber to complete a written report for this and any subsequent false alarms, on a form provided for this purpose by the Department of Public Safety. (c) A fourth false alarm within a six month period will be assessed a penalty of forty dollars ($40.00) and a fifth false alarm within a six month period will be assessed a penalty of fifty dollars ($50.00). Thereafter, each additional false alarm within the same six month period will be assessed , penalty of one hundred dollars ($100.00). In addition, the Director of Pubic Safety may, upon the sixth or subsequent false. - alarm in a six month period, revoke the license for the alarm, .pursuant to §4 -49 (a)(3) of this section. (d) The Director of Public Safety may excuse false alarms at a_fixed location when there is evidence that they are the result of an effort or order to upgrade, install or maintain an alarm system or if one or more false alarms result from the same malfunction within a seven (7) day period of time. (Ord. No. 483, § 1216.060 3 -6- 80) 7 8 -28 -9G (e) All delinquent charges shall be certified to the City Clerk who shall prepare an assessment roll providing for assessment of the delinquent amounts against the respective properties. This assessment roll shall be delivered to the Council for adoption in the manner provided by -law. Such action may be optional or subsequent to the taking of legal action to collect delinquent accounts. sec. 4-23. Vehicle alarms, silencing of nuisance alarms, repair or deactivation (a) It is a violation of this ordinance for the owner, renter, or leaser of any vehicle equipped ed with an audible alarm.or alarm system to operate such alarm or alarm system q upon any street or in any public place in the City in such condition, or at such a degree of sensitivity, that the alarm is readily triggered by normal, innocuous events and activities, such as passing vehicles or pedestrians. (b) When the blic peace is disturbed by a nuisance alarm on a vehicle parked in any 9 P . public place within the City, a peace officer responding to the scene may, if the vehicle operator cannot be found, direct a towing or lock service, summoned for this purpose, to open the vehicle, silence the alarm, and relock the vehicle. The peace officer may issue a citation to the vehicle owner for a violation of this Ordinance. (c) When three or more false alarms within seven days are reported to the Department of Public Safety for an audible alarm in a vehicle regularly, parked or operated within the City, officers of the Department may upon determining that said alarms. are due to . mal functi on or excessi ve sensi ti vity of the al arm system, i ssue a Notice of Equipment Violation, under thi s Section, requiring the owner of the vehicle to have the system repaired or deactivated. (d) Failure to respond to the Notice of Equipment Violation, as set forth therein, shall P constitute a petty misdemeanor, punishable by a fine of $200.00. Secs. 4 -24 -- 4 -40. Reserved. ARTICLE II. LICENSES AND PERMITS* Sec. 4 -41. Required for alarm business, alarm system, proprietor alarm or audible alarm. (a) Effective March 15, 1980, a license under this article shall be required for each alarm business in the City. (b) No person or company shall engage in, conduct, or carryon an alarm business in the City without first applying for and receiving a license therefor in accordance with the provisions of this article. (c).No person shall install an alarm system, or use, possess, or subscribe to an operative alarm system, proprietor alarm, or contract, alarm on any building or premises in the City, without first applying for and receiving a permit in accordance with the provisions of this article. Fees for permits w i l l be as established by the City Clerk, and may include annual renewal for non - residential permits; however, no fee shall be charged for renewal of permits for private dwellings. (Ord. No. 483, § 1216.0309 3 -6 -80) Sec. 4 -42. ,Approving authority. The approving authority for all licenses and permits under this article shall be the Director of Public Safety. (Ord. No. 483, § 1216.040, 3 -6 -80) 8 8 -28 -95 .Sec. 4 -43. Issuing authority. The issuing authority for all licenses under this article shall be the City clerk upon . receipt of approval from the Director of Public Safety. (Ord. No. 483, § 1216.040 3 -6 -80) Sec, 4 -44. Applications -- Generally. Applications for all licenses and permits required under this article shall be filed with the City clerk. The City clerk shall prescribe the form of the application.and request such information as is necessary to evaluate and act upon the license application. (Ord. No. 483, § 1216.040 3 -6 -80) Sec. 4 -45. Same - Alarm business; investigations; basis for denial of license. (a) The Director of Public Safety shall conduct an investigation of the applicant for an alarm business license under this article to determine his character, reputation, and moral integrity; provided that the Director of Public Safety, at his discretion, may dispense with the investigation upon being furnished with an authenticated copy of a current alarm business license issued by another governmental agency located in the county. (b) The license shall be denied if the character, reputation or moral integrity of the applicant is determined to be inimical to the safety or the general welfare of the community, or if the applicant falsifies any information in the license application . (Ord. No. 483, § 1216.040 3 -6 -80) *Cross reference -- Licenses generally, Ch 17. Sec. 4 -46. Same Alarm systems, proprietor alarms and audible alarms. (a) The application for permits for installation of alarm systems, contract alarms and proprietor alarms required by this article shall require the name, address and telephone number of the person or alarm business who will render service or repairs during any hour of the day or night. (b) Permits shall be issued to the person owning, using, subscribing to, or possessing the alarm system, proprietor alarm or contract alarm. Alarm businesses shall assist in the processing of applications for their subscribers. The subscribers shall forward the completed application and the license fee to the City clerk . When a proprietor alarm or contract alarm is in operation and not serviced by an alarm .business, the application for the permit and payment of the permit fee shall also .be made di rectl y to the City clerk. A copy of such application and permit shall be forwarded by the C.i ty clerk to the Director of Public Safety. (Ord. No. 483, § 1216.040, 3 -6 -80: Ord, No. 491, § 1 7- 24 -80) Sec. 4 -47. Required bonds from alarm businesses. (a) Each alarm business shall furnish to the City clerk, prior to the issuance of the license under this article, evidence of a corporate surety bond in the principal amount of five thousand dollars ($5,000.00). The bond shall be conditioned as follows: (1) Upon the observance by the applicant and each operator of the business of all the provisions of this chapter; and (2) Upon the truth of all the representation made in connection with the application for the license under this article. 9 - 8 -28 -9% (b.) Such bond shall inure to the benefit of the City, but any person injured or aggrieved or who sustained loss or damages through fraud, deception, negligence or tortious conduct on the part of the alarm business, or its alarm agent, shall have a right to recover against the bond in the event of the bankruptcy or insolvency of the licensee. (Ord. No. 483, § 1216.050, 3 -6 -80) Sec. 4 -48. Fees; exemptions. (a) Alarm.business licenses. An annual license fee of fifty dollars ($50.00) shall be due and p ayable on March 15, 1980, and on January first of each subsequent year for each alarm business operating from, or providing service within the City. Such license fee shall not be prorated. (b) ree exemptions. The United States government, the state, the county, the City or any departments thereof, are exempt from the fee requirements of this section. Editor's note -- Section 1216.080.of ordinance No. 483 adopted March 6 1980, provides: "The $25.00 fee for an annual alarm system license shall expire January 1, 1982, unless other action taken. Sec. 4 -49. Suspension and revocation of licenses. (a). The following shall constitute .grounds for revocation or suspension of licenses issued under this article: (1) The violation of any of the provisions of this chapter or failure to comply with same. (2) Where the character or moral integrity of the license holder or his employees is determined inimical to public safety or the general welfare of the community. (3) An alarm system, proprietor alarm or audible alarm license may be revoked where such device actuates excessive false alarms (more than six (6) in a six (6) month period) and thereby constitutes a public nuisance. (b) Upon the suspension or revocation of an alarm system, proprietor alarm or audible alarm license, the Director of Public Safety may order the disconnection of such alarm system; provided that, no disconnection shall be ordered as to any premises required by law to have an alarm system in operation. (Ord. No. 483, § 1216.0709 3 -6 -80) Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach 3 Relief Association Shortfall a. Manager McGuire presented the staff report. b. Councilmember Koppen moved to continue the Relief Association Shortfall until September 11 1995 to allow Cit Attorne to investi ate legalities. Seconded by Councilmember Carlson Ayes - all 10 8 -28 -9F J. NEW BUSINESS 1. Carey Heights Street Light Request a. Manager McGuire presented the staff report. b. Director of Public Works Haider.p resented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council y regarding this matter. The following were heard Rich Pearson, 2990 Carey Heights Drive Pam Krahmer, 2999 Carey Heights Drive, representing Michael Krahmer Councilmember Carl son . moved to contact NSP to install a street 1i ght at Carey Heights Drive cul-de-sac and that the residents will re Dort bask on how effective the 1i ht has been. Seconded by Councilmember Koppen Ayes - all e 4, Mayor Basti an moved to resci nd the order for an addi ti onal street 1 i ght on Crai g.--P1 ace due Tto the refusal of the resi dents to al l ow easements for the Durpose_ running power to the light. Seconded by Councilmember Allenspach Ayes - all 2. School District Antenna System a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Roland Parruci, Assistant Director of Operation, School District 622 John DuBois, Consulting Engineer d. Councilmember Kopp en moved to enter into a contract with School District 622 to place antennas on two (2).Maplewood water towers. Seconded by Councilmember Carlson Ayes --all K. VISITOR PRESENTATIONS NONE 11 8 -28 -95 L. COUNCIL PRESENTATIONS 1. Hazelwood and Highway 36 a . Mayor Bastian moved to direct staff to contact MnDOT to seek traffic signals for Hazelwood and Highway 36. Seconded by Councilmember Rossbach Ayes - all 2. Cross Walk - Lydia Avenue a. Letter has been received from Ramsey County denying a cross walk on Lydia at Concordia Arms. b . Mayor Bastian moved to place this , item . on the September 11, 1995 Agenda. Seconded by Councilmember Carlson Ayes - all 3. Mayor's Update a. Mayor Bastian relayed information regarding several upcoming meetings. M. ADMINISTRATIVE- PRESENTATIONS 1. Set Council /Manager Workshop a. Manager McGuire presented the staff report. b. Councilmember Carlson moved to cancel the Council /Manager Workshop for September. Seconded by Mayor Bastian Ayes - all N. ADJOURNMENT OF MEETING 8:39 P.M. Lucille E. Aurelius, City Clerk t 12 8 -2844 EA- 7 / MEMORANDUM Action by Counoil, 0 * TO Cit Mana FROM: Ken Roberts, Associate Planner SUBJECT: PLANNING COMMISSION RESIGNATION DATE: Au 9, 1995 Endorsed Modified- Rej ecteA Date INTRODUCTION Marvin Si has resi from the plannin commission. I have attached his letter of resi and a resolution of appreciation for him. RECOMMENDATION Approve the attached resolution of appreciation. krIp'.1miscell/peresig-mern Attachments: 1. Jul , 69 1995 -letter 2. * Resolution Attachment I JUL �795 Jul 6, 1995 Mr. Michael McGuire Cit -o- fMaplewood 1.830. East Count Road B Maplewood, MN 55109 Dear Mr. McGuire: Due to increased demands on m time ownin MY own business and needin to travel more and- more, I find I must resi immediatel from the Maplewood Plannin Commission. It has been rewardin and challen for me to have served on the Commission these past several y ears and I thank the Cit for g ivin g me the opportunit Sincerel 400�01*4eor 4/1 Marvin Si cc: Gar Bastian, Ma Director of Communit Development Lester Axdahl, Chair, Plannin Comnu*ssi*on - 2 - Attachment 2 JOINT RESOLUTION OF APPRECIATION WHEREAS, Marvin Sigmundik has been a member of the Maplewood Planning Commission since March 14, 1983 and has served faith, fully 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 for 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 Marvin Sigmundik 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 September 11, 1995. Gary Bastian, Mayor Passed by the Maplewood Planning Commission on August 21, 1995. Lester Axdahl, Chairperson Attest: Lucille E. Aurelius, Clerk MIE AGENDA NO. F-1 AGENDA REPORT TO: City Manager FROM: Finance Director " RE: APPROVAL OF CLAIMS DATE: September 5, 1995 It is recommended that the Council approve payment of the followin g claims: OUNT,S PAYART ,E- $ 354, 936.21 Checks #5478 thru #5562 Dated 8/17/95 thru8 /31/95 s 145.925-45 Checks #21462 thru #21615 Dated 9/11/95 $ 500, 861.66 Total per attached voucher /check register $ 260 Payroll Checks dated 8/25/95 4,?1.01 Payroll Deductions dated 8/25/95 $ 303, 343.39 Total Payroll $ 804 GRAND TOTAL Attached is a detailed listing of these claims. lz FORMS /APPRCLMS.BNK +, t:11. t: {•• { {� ►,l : :::' 09/01/95 t::: I T'Y OF :' MA {::'L.•E::WOOD Of:):: 43 tat. l�a••il::a {•- li::a:J! { 1 -� t °:! F A G EK 1 / :l } :f'T'i f ... -- ' t.fl IL..i.J l{ .« t Jl'•IL.•CJ K VL.•NDI.JR •. . I t • t' r, E' ..._ » l�l�,�l�l:;i::a_ r L:. - 14Jt.!!Y! ' :i' - - -{ _..L_ - -._ 14111 t� .. 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DR 1 04.00 . �� eft■ .'�I » 00 i i s 5151 08/2 08/24/95 « 8442425 STATE BOARD OF E- L_f::t::�'!'� I C :l: r•Y _ wil.lf''1°'l.~ l l:::S .... :1..:.. _ ... _..._ .. _ .. 50.00 50.00 1 t 1 �.� • 5 rti •16 - -. ,... •' r 08/.� 4/9.5 _ .• .._ _ 541.400 -- MINN. itiiN N STATE:: TRE:;�1�: - -- - - - c rT ATE:: x3R I: VE::F' S C.� r" :'c � :. - - -. _ _ .. ..E« PAYABLE te r. ; �....._ a. a. 1 7 ' � 5 1.30.79.94 08/.c:'.4 5 54 1. 4 00 iii i i « s "Tf1 "r'E» TRl::.Al% f1.11• EI•R i' oToR X11:: i•1 L J C i~ E «i ZS FlAYABL E _ :1.,.y q 1. 7s� .. E�� ,. 51 # : 3 0 #: /2.5 9 ,. C,t"•►M C�1-•i1 : ::., 1)A11:1E::L.. REFUND iaFtAi),ING E :.(3C:F OW RE::C% 1465 ) 1= E-'F'(JI%IJD taIRAD 1: hli.1 1 :. ". %)C:IR('.) J 7465 24. 66 1. p 024 66 I 1 %5 9 08/25/95 5 31650 ME :TI wA sTi:: C:t. NTRoi... cc)iYlirl 1::3# :fief JULY ' %:)A(; t�l••1(�C�'t l ":� f 3 5 a•r,:�20 '�c:)f'2 9,� {• • •• .at.,f••fl�l1. X�T „ ~Tl.l::r�" J :l�IF= l=ei : ::l� l.li�IlD t�1�4rr1lD:EI�tt� I : ::; i;F�i�►4t! 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W31•4 l :anti / +� i i::l••lC ::t�• C C:h•IC::C;K + +.JC�I�tI }C.��ti k klF::hll }OR : :l:TE:{'rl x x' T'E:I�I C CfM•IF ::C:I� j - _- _ _--- _Z}l�l.:l..._ __ _. _._ _.- _.. -_- _- . . _ .1�UCrtIJC..Cs_. - - - -- - _.._ _ NAME _ • t t'�1tal.117� _ .r�c�Ura� � �. I -► i RE:FlJNI} .... DRAMA CAMP 3 3 _ . t t��twt° !:Jl�II} �•� FOUL CAH _CARD NOl+...USf1Gl• _......._ - -..._ - ..3!a..4}0 1 1 1-�'•�` =•'•� ■ ■J /}• '�'� /f {' E E..l Itf.hl+a•Y•k.•.I.I�If...M�+ : �Yi�1t• C •.I... F FZE* tJl% -ID �'..�ic..ftiOW 1 1 663 M 07 1 1. �Ea.a N �}7 � 5 5 ; 0 08/2 5 / {i 5 L LANDMARK CtJ {:3'T*Ol l I• lOIYIE'. t t� E *1: °l.31 L ::;at:C•�c:lW 1 1 p 000 oo I ;i:i, f f}c3/ :'.:'� /9;i 1 1 �} }+f} X X}1 1�'T N OF' loll 'T'!.!l� I... I'�t:�w'3c:1lJl�<;�.i�l :; D Dl�ll� 1..•IC+,E�I- t; :it:•:: 1" E - - .{,.•'� PAYABLE 2 282 00 ` `:'!3`" 0 E:.! 1 1:• 1:• f 1» + +;S 1:• .. ,;. , ,;. . .. - -S' - ..,. • .., l3' .., .., _ ( ( :) C R_.-- !• 1 1...1 C -.. 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SH.QW-VIEDIC -CREW ao,w 00 215139 09/11/95 820600 (%*3I,4AF1-OI-4 TOOLS SMALL TOOLS 29.80 4: 29.80 ;1 215590 09/11/95 840275 ST.. I*C)I--11%4'c-')* HOSPITAL COPY OF FZE*-*C%OFZDc 6.00 6.00 0 !4 21.591 0995 f34%*5,'.v)0Q_ 1'*Tr-:J,Q%_.1--F1AS - - - th w _. !__1-�t;lC�I ��I'�! _ _�.�l.lt � t:.,t�.. _ ._ ._ _... .... __.. -.. __, _ _.....- - -- ._..... _..__. u_d,..S�.... _ ... 9.7, _2 .8 2:111.592 09/11/95 643575 13TREIC%FIERS PROF. POLIC'EK. E*.-*.(':)L)lf:* c LJF:$F:*I.. I ES EQU1 FIVIENT 91. 38 -S .w. M EG IFTIENT SUPPI... 1 ES .... ECK) I PMENT 44. 68 242.35 0 SUBURBAN PRINT11113/01RAF'HIC SERV,...-..F:'ROGI AI4.-..SUI::.I::.]-IES-, ... 249,.2.1 21594 09/11/95 850395 SUNRAY AUTO PARTS SUP P1.« I E'S VEHICLE:: 62. 57 62. 57 L 21.595 09/1.1./95 S 51517 5 SYSTIE111 ... Y..j 11,4( 1011I.M.-IF41 ... 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CUHTIS 881.91 ' 008 740 ' 08/2t/95 DENNI8 M MULVANEY 1.51 0083741 08/25/95 8E0K6EI._ C SP IGL 1,367.51 0083743 �old 08/�5/9� FIRST MINNESOTA (p�CA> 13,542.99 0083T44 �ol� 08/25/95 PUBLIC EMP RETIREMENT ASS�C 6,721.62 -ATE BANK 0 O'c 3 T 4 6 vo id 08/25/95 MN STATE COMM OF REVEWUE 11,713.92 0083747 �� 08/25/95 ICMA RETl REM �NT TRUST-457 5,525.71 0083T49 void 08/25/95 CI7y OF MAPLEWOOD (HCMA) 4,228.51 0083T50 �� 08/25/95 MN STATE RETIREMENT SYST�M 4 0083752 08 /25/95 CITY & COUNTY EMP CR UNION 31,403.00 00083T53 void 08/25/95 UNITED WAY OF ST. PAUL AREA 152.60 008 void 08/25/95 CUMMERCIAL LIFE INS�HANCE 2TT~56 r. ITY Orl"' MAPLEWOOD EMPLOYEE r R l . - - S S EARN L" N Sri S AND i A i . l ' . 0 2 lwr D t D U C f • i f w- N L. H i.r C i • S F OR TH CURREN PA Y PERIOD 0012 CH ECK. h#U> CHECK D AT. 1) R Ytt A M U 1.4T 00 837 5 6 -- void i • - 2 0 L - ( �•• �` f � S.� . 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C[ i j.. s. `,.• E 46,76 fe .. ;t { s �..i r 0 831 7 i mot 7,000 fps s;., :. i 0 8 • • r• 5 j . 5 J ..i Z 1� �. s f '` J '. �I S.� E Y 1-014 COUNTY L� U : j C i f i • C 0 l am• .� CO L.� .K }� �t i 1 •.. � Lf • ems• ! � 4 L T�. LJ ;r i 0 a � { O 0 08376 8 vo id {� } 8 / & ' , - - - ' 5 �• 5 FIR �r� i i { �`� .� ��`� �� :.. ,.:r � � I ^! 1 �� � i. � � , :� �, s 1 54 - 1 s f �.� 0 s • �: : . . 8 •.r �..f :� void 0 083 7 7 0 vo ld . -' h = [„3 =,mss d �... •�»f %# ` 0 8 :� 2 t_ .� �"°� is c BL I r .L PU BL I C s RE ' ..��'� E R � I .. t : N .:.1 h �'` � �' � .� �' �: {� � �� � f� �.;, � _ � � � - ,ar---- --.W -- °`� 3 ' _ ;.. ' s �.. 00837TI void 08 PUBL #:. '-:. . 44,5 GROSS t"ARNINGS AND DEDUCTIONS* 410 90 F 4W 4 2 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Associate Planner SUBJECT: Conditional Use Permit Review -- Menards LOCATION: 2280 Maplewood Drive DATE: September 5, 1995 INTRODUCTION Action to Co , 1 :. ModifiedL.,. ecte Dat ate The conditional use permit (CUP) for Menards is due for review. This permit is for the outdoor storage yard. See the maps on pages 2 -3 and the site plan on page 4. BACKGROUND March 28,1988: The city council approved the CUP and the building and site plans. January 23, February 13, March 27 and April 6, 1989: The council changed the permit conditions. The changes were to clarify the screening fence and -storage rack height requirements. March 26, 1990: The council reviewed the permit again. November 14, 1994: The council amended the permit conditions. Refer to these in the minutes on pages 5 -7. DISCUSSION Menards is meeting all of the CUP conditions. There have been recent complaints, however, about Menards stacking materials above the top of the fence behind. 1115 and 1127 County Road B. Condition 4 states that no storage material can extend above the 14- foot -tall fence. I have seen that the materials in the storage yard next to the fence will occasionally get stacked higher than the fence. As materials sell, and the amount of stock is reduced, materials would then be hidden behind the fence. I have reminded Mr. Kevin Goebel, the store manager, of this requirement. He said that he will pay closer attention to this. RECOMMENDATION Review this permit again in one year. p:sec9lmenards. mem Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. City Council Minutes, 11 -14 -94 Attachment 1 CP; 2. 1. SUMMIT CT. 2. COU NTRYVIEW CIR. 3. DULUTH CT. 6 4. LYDiA ST. n BEAM VE. �, ,. n :1 + 2 8 8 0 • : '� ;.' • , • B EAM -• - w a 0 L) '� ! 0 INC Q z 2 "1" Kohlmon 4J �g go y Gervis' Loke v 41 Lake rCOHLMAN � AVE C - -- . ' U NTY ROAD C 2640 % << r o �� Q 1 PLAZA CIR 2 3 t- w u, Cr � 2 ALVARAdO DR PALM N 1 Kaman 3 BEL DR z Z ' 4 DEALPALLE DR CT. P �eh/C,� 5 �tERIDIM� DR o tn S ° �� W Cr • �co�% -" Cr 4 -- _ { Co N NOR g CONNOR ASE• • p _ ,SAVE. C ' q DEMON ����. �• ��"""� BROOKS \z2 PEE o - J � w 1 13R(30 SEX Ti • 4I>2 / GER�AIS AVE. r GERvA1S 2 4 0 0 N ��44 __ -- - -- -- _ -- ♦ 5r- - -- -. -- i - � u GRANDViEW A ' . poo P . Lo ce, ✓E. �- ►= VIKING DR.. CL x Z 1 3 ! LAURIE CT. z 4. AJ 1. CP; 2. 1. SUMMIT CT. 2. COU NTRYVIEW CIR. 3. DULUTH CT. 6 4. LYDiA ST. n BEAM VE. �, ,. n :1 + 2 8 8 0 • : '� ;.' • , • B EAM -• - w a 0 L) '� ! 0 INC Q z 2 "1" Kohlmon 4J �g go y Gervis' Loke v 41 Lake rCOHLMAN � AVE C - -- . ' U NTY ROAD C 2640 % << r o �� Q 1 PLAZA CIR 2 3 t- w u, Cr � 2 ALVARAdO DR PALM N 1 Kaman 3 BEL DR z Z ' 4 DEALPALLE DR CT. P �eh/C,� 5 �tERIDIM� DR o tn S ° �� W Cr • �co�% -" Cr 4 -- _ { Co N NOR g CONNOR ASE• • p _ ,SAVE. C ' q DEMON ����. �• ��"""� BROOKS \z2 PEE o - J � w 1 13R(30 SEX Ti • 4I>2 / GER�AIS AVE. r GERvA1S 2 4 0 0 N ��44 __ -- - -- -- _ -- ♦ 5r- - -- -. -- i - � u GRANDViEW A co VIKING D; ' SHERREN AVE. .•• ::•:•::• : F OP COPE =1 .•:;:�iiiii:: ;i :�i.; J LAR T. K g �4� AVE. Keller / .:•:.:•:: c� ' - -� Loke { ° CO. Q RD. N v v LAURIE RC. LE LAND L _ RD. ! _ ( SANDHI JRST i N A VE . _ JU C N A E. Z( B 4 O a RKE I AVE. m BURKE : AVE. v S-T ELDR IDGE ! AVE. w j i ouR SE p VE. BELMONT AVE. Q GOL C SKILL' �` AV E. SKILL MAN AVE. ' f KELP _ or ( 1 Robinhood 0 �R V P O'* RYAN ' AV. ' AvE w c R#JL FTic�k ►_ Q Z C Sill? �, ��•--- l28 FROST n 2 N 0 W t I u w I X, FE ! NTON AVE. ! z z } Cr 4 (6� i w --j z 'Sl' MER AV < i 3� J. I z Cr p i � GOW: DON: ° FRISKIE A °� ( a ,Q �`^ { C J LOCATION MAP .Q. N 2 ' . poo P . Lo ce, ✓E. �- ►= VIKING DR.. CL x Z 1 3 ! LAURIE CT. z Ln CL I B'J RKE BURKE CT A`✓ X ' v E z w��..r'..t 4 Q poft Et.pRIDGE AV JE AV _ \ '.k ,__� w c� OehHine ~ ' BELMONT Lo e �4 AVE. w I SKILLMAN AV. �-- - --- K E N W O O D Q F- J � q Yr m - --. m R N ^ ti Ati �, W; W zi Edgerton ? ` .b•� PW* "* ROSELAWN ' 0 SAVE. BELLWOOD AVE. � 1 0 SUMMER O C){ 0 o CT. 0 z e z \, i t- co VIKING D; ' SHERREN AVE. .•• ::•:•::• : F OP COPE =1 .•:;:�iiiii:: ;i :�i.; J LAR T. K g �4� AVE. Keller / .:•:.:•:: c� ' - -� Loke { ° CO. Q RD. N v v LAURIE RC. LE LAND L _ RD. ! _ ( SANDHI JRST i N A VE . _ JU C N A E. Z( B 4 O a RKE I AVE. m BURKE : AVE. v S-T ELDR IDGE ! AVE. w j i ouR SE p VE. BELMONT AVE. Q GOL C SKILL' �` AV E. SKILL MAN AVE. ' f KELP _ or ( 1 Robinhood 0 �R V P O'* RYAN ' AV. ' AvE w c R#JL FTic�k ►_ Q Z C Sill? �, ��•--- l28 FROST n 2 N 0 W t I u w I X, FE ! NTON AVE. ! z z } Cr 4 (6� i w --j z 'Sl' MER AV < i 3� J. I z Cr p i � GOW: DON: ° FRISKIE A °� ( a ,Q �`^ { C J LOCATION MAP .Q. N 2 Attachment Z A> , f 1ft low 40 _ . � . HIGHWAY 36 1p R. , t / , .;. ;:• :•: : % :•r•• • ' ••;•.� • .S • . ' . • . •• .• ten..— _ +- .`.�'— - �f O 1 I • I 1 • � • i err:•:'' k `` .! -yy •••.••.•••.••..••••••.• X . ..... ............................... A � Il k :• :1 0 t ................. s .f r ... t z r :Y ' I!*fTP • i :•: r • •:'.IIdIIIiI%111A' :Y%ti7Y . i f•1•. .Y:• .• r ..... :.,., ...... fir: ...:•.;.;.•.•.•.•.•.• ;.•.•:. ......r.•:...•. .. ..... ...:•: C. V. i :r...•.••...•••.•r•.... • � Y r• . J. e Q` - :1,! is : % %••'• . S•.S� . 74•. N ..Y • :. 1 .S . : .:... r .•.S• "'* " "*'* '? K:-;*`K "K., . -:X. 2 Z sm Li 4 :r ti 1 yam:% . r.. •:•:ti %:% 1 • � 4G .9 � h' 4 0 : 1 ! i I a s I .. r..• ........•.•.•. . r.. .•.as• I` r. 1 r= .• •r.• •..• b l . . ? •: r n Im M Ic ` 1 1 .::.is•:.• : :.• :.iii• :. i•• i• :.•: • . :: ••�•�•r : : : : : :.• :: r :.•�•:.•: r:: r :.:•rr: • • • • • • • • • . i• :: :.s ..: :::'•:� .....•�;••.• •.• • •�; • • • • • y • , r.;: , IM 1 ' j -� j t � ;•;•'•',:•:: •'';•:•i :;•i': .:•: r� i ::i:i: i • ::::: :;.; . i � :.i:: ::::r :.i: i • r.: i _ - A .. ............. .................. ------ ............. X. 1 01 .11 ac �� c I ! �,. _�_ .... ��:.� :t. +•�- J � � � �;'�- �I %,� �'� 1. h, G .$o 3C , �•� � — �C L j q • �% Ili r � , �(/' — tD� 4 1 3o�j� u Aw WE 0 ' I COUNTY - -- _- d 4 — ROAD - � ----�, - - � 1 � i r t 1 •.. � , " i -mil ' � I I .. / .' +.�� � � � �y�.� f = .— _ � _ r ' • � � �= t E � — T '—" i 1(c' S ?�� �''• ~`u \71 / 5 � .3'ac W . `(/ �' c v : __S► —t — _ / 1 . [ C lr �C , , t ` / 0 /n r t I / R •: 1 PROPERTY LINE /ZONING MAP N K Attachment 3 I lim 1 i w.ts o ` • • • • • we MENARDS - ........... 1 • • • • .. p . OUTSIDE � _ 7 STORAGE YARD:' x ---- ., &.Aw O r . ws �r•wtft fin• �� t 6--m- V -A C&A LL3r.a1 UL 3 ARE A :OF NEWLY CONSTRUCTED • NORTH/SOUTH FENCE SECTION r � Attachment 4 7:15 P.M. (7: 31 P.M.): Conditional Use Perm Revision: 2280 Maplewood Drive (Menards) . a. Mayor Bastian convened the meeting for a public hearing to review the conditional use permit for the outdoor storage yard at Menards, 2280 Maplewood Drive. b. Manager McGuire presented the staff report. c. Di rector of community Development O1 son resented the specifics of the report, P di Commissioner Frost presented the Plannin Commission report, 9 P e. Mayor Basti opened the publi heari ca lling proponents for or P opponents.. The following persons were heard: Deb Forbes, 1071 East County Road B Kathy Dupree, 1071 East County Road B f. Mayor Bastian closed the public hearing. go Counci 1 member Rossbach introduced the following Resolution and moved its adopti 9+4 - 11 -133 COND I TI ORA.L USE PERMIT RESOLUTION WHEREAS, the City of Maplewood is proposing changes to a conditional use permit. The permit is for an outdoor storage yard at 2280 Maplewood Drive. The legal description is: SUBJ TO ESMTS: PART OF FOL TRACTS SELY OF HWYS 36 & 61: EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART. OF. SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 WHEREAS, the history of this conditional use P ermit is as follows: 1. On October 17, 1994, the Planning Commi recommended that the City Counci approve this P ermi t . 2. On November 14, 1994 the City Counci 1 hel d a publ i c 'hearing. T The City sta ff published shed a notice i n the paper and sent notices to the surrounding property owners. The Council gave everyone at the e hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. 5 NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit, because: t 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any :person or property, because of excessive noise, glare, smoke, dust, odor, fumes., water or air. pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Adherence to the site plan, dated March 15, 1988, unless a change is approved by the City's Community Design Review Board, 2. Materials in the storage yard shall be no more than 20% visible from the residential lots to the south. This may l i m i t stacking heights or require a higher fence height. 3. Hours of operation in the storage yard shall be limited to 7 a. m. to 10 p.m. 4. An additional four feet of solid screening material shall be added to the existing screening fence behind 1115 and 1101 East County Road B. No material on the storage rack adjacent to the fence can extend above the 14 -foot fence. 5. A row of eight- foot -tall evergreen trees shall be planted six feet on center on the rear property at 1101 East County Road B before June 1, 1989. The property owner at 1101 East County Road B shall be responsible for the maintenance of the trees. Menards shall provide a cash escrow or letter of credit for the installation of the trees before the store may open. No storage material can extend above the 14 -foot fence. 31 6. An exterior public address system shall not be allowed. 7. All lighting i n the storage yard that is not needed for site security shall be turned off after business hours. 8. The City Council shall review this permit again on June 12, 1995. 9. No more than 2.1/2 feet of the 17 -1/2 foot rack shall be visible from the rear of the homes that. are at street level on County Road B. - 10. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 11. Menards shat all install a six- to eight-foot high privacy fence to screen the residential lots west of the existing ten -foot fence from vehicle headlights. 8 12. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 13. The fence along the east property line shall be extended approximately 110 feet to the north,, to the point where the property jogs to the east. 14. No storage shall occur outside the fenced area. 150 All applicable conditions shall be complied with by May 1, 1989. 16. The 10 -foot high fence along the west side of the storage area shall be raised to 14 feet. 17 Sanitation facilities be provided by Menards for the workmen. JW 18. Menards shall extend their eight-foot-high fence to the south pro erty line by June 1. 1995. The fence shall be the same sty e as the existing fence. Menards shall build this fence next to the existing pavement. Menards shall g P lace "No Parkin to signs on the fence. Seconded by Councilmember Carlson Ayes - all 7 F% 3 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Final Plat PROJECT: Hillcrest Heights LOCATION: Hoyt Avenue, east of McKnight Road DATE: August 23, 1995 INTRODUCTION Action by Council :# Endorsed- Modifie Rejecte Date College City Construction is requesting that the city council approve the Hillcrest Heights final plat. This final.plat would create eight lots for houses. The plat is east of McKnight Road along the new Hoyt Avenue, north of Montana Avenue. (See the maps on pages 2 and 3 and the proposed final plat on page 4.) BACKGROUND On May 22, 1995, the city council approved the preliminary plat. This approval was subject to seven conditions. (See the minutes starting on page 6,) DISCUSSION College City had their contractor start building the plat in June this year. They have met all the conditions that the council required to approve the final plat. RECOMMENDATION Approve the Hillcrest Heights final : plat. This approval is subject to the developer recording the wetland easements with the final plat. p:24- 29 /hillhfin. mem Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Proposed Final Plat 4. Approved Preliminary Plat 5. 5 -22 -95 Council Minutes Attachment 1 1 • MAKYJOE LA. 2. TIERNEY AVE• r •' • 3. M EADOW DR. ' 4. RiPLEY AVE. s• • NORTH SAM4T PAUL • •• • • {• i • • g• . • • • • • • • •• •,1 • • �• • � • ` 1 , • ♦ • • • • •.err • HOU. owAY A VE. Vl ' Y 2 • ' • 1. 1 • ... • o Q 3 Rl PLEY AV 00% 00 •• •4, KINGSTON '' AVE. W iJy AV •• ��T E $ 30 • w 2 � tARPENTW R '• •• �• • •� • • , • • • • • s ,• •• • • 00 4b • •. 0 • • • go •, • • • •t 7 r . htON"CAN�► AVE.. • • . . L • '� br •. • 2 REBECCA DR {, • KA AVE• I�RAS J � ,. : 3 PINE1'REF DR NE 2 3 4 t3tRCHV'tE1N DR J • �' • lVI�•osio � w* � ; p � �. , VE,. � • • \ OARI"1s1I CT •,• CL 02 ANGUA `ra Z • OC As+ • , ;� PINE TREE OR �-- 1. 0110 Cr )„ Pr+o�e�. , 6 61RCWEW DR z S 6 7 ' ,•7 ROLLJNG HILLS DR a 'f' • . • I CA, . . tJ� b$ ELKW.4RT LA � AVE. ,� • TllS4N COYOTE LA 1 AWM,0PE WKY i ;�1 2 AMJAC K LA z ' • • - 3 DEVERDALE RD w w ag .• 4 90$C'AT LA • 31 s C LA o • HAv�T�#ORNE A '• '- •� 4 5 • E. MARYLAND AVE . c t AVE. GE to 0 GEC' , o . ... 'r © • MAGNOUA AVE. , arrvrni►�+n •'.. .:.� n LOCATION MAP 4 2 N Attachment 2 �yS.Si' I 99.76' e� 99.78' 47.33 �t.4 99.79' t3X 0 11 6y . - -• • - r ga '1 I 60 a 99(S�, (24 ' (4� (/3 G A E S W O DS o S 0% I O o 2 3 4 a g (36) (39)� x (40)! 9947 033 a ~., o o 02 N D P O 5�,, a3 10Q. 0 2 Q 2 3 2 f 3 �j 1 06 4 '� p q p( ) Q I 2 ) Soy 278, 8T '' I �SZ I _ ! fi g} n(i3� f i e► 109.2 7 x(44) PA n 2) I " C � � 3 m 3 % (24) 9 �.2� ~ \ 132.64 z99.4�' V J - 2 99. - � L') 2 V t ~ , V O) c i o 42 a, 3 &� c 1 4 4 a o ;� r `55) c ti ac 45 C54 2 m co 1 ,35 P 4' (23) Q - 4 o4t c �30� 6s) 397.50 W 5 O m o -- 4 4 97.85 in 2 9 9. 'In 2�5 rA" i Cr �Z21 tr (7 c� 149. 44• en 1628 ) N 6 -- - - 5 - -- - ---- > >) t a 9 (� r : Q 5 ' c 149 . 1 50. 03 a 'o ti x 0 9 ' 1624 1633 • 16 23 3 1 6 0 �3 z' 6 2 (tee r5o 9 .-„ r � 6 w- ��� 0 ion' -` 9 �� — � 33� { 14a. // 3 7 Z o ) o of �o) c� M 1600 S 1616 r 1616 - ) ► 49. CL Z�' w 1 Y 2 , r v � j - - -- __ -- f08 N V s G? 2 5 0 -- — -- --J 7 o f (, s 160 41 t zl ) 1600 - 9 - g, N 1580 d ' r Q 10 z 10 6 ' +3q.5 03) U. - - 6 �;:4 1592 -� � •� � h f - •1.595- � } 0 '� 1560 3 7� 299.62. H o Q L1J m 0 _ �z4) .. 5 7 9. z - f2 p ; 4 G t f Ci _ _ co _ 1 0 _ W 1 0 J 5 c �= 544 �- 4 0 13 o ti j A 99 3 Qi f 6 J .. m �o J s ............ e c S z N 1 I N C O a0 Q <. 56 8 Q f4 t 0 0 y M O S r J' 1 00 4 � Gals { C G 2 G 4 a I I � f a 3c 4 O 2 i ' •' ••• ••• ••• ... ♦ • " w too 99.70 1 s o • Z . 94. 73- ''•7s . } ,..• 2 s 4z.3 .4.3-.. v . ._t.. /� ` i70 ' 3 ( 1 h t t fig.. 431044 i£ V/ !o �M .G f� o t.. Q �/�� i a , • p kq % p 2 = a OO '. N M o 23 t N, n `' 01 0 �V N qt N tV ' � G r� t F a i� a M f ►= = c� 1555 - c� Z� - 3 - ts) 4 � , M M" a N N r -. "' o { o o �17Z 120, o; 14�. 1530 c�_ �,; , N } Zs e4 {5 n�• ti �i ..; -; 7 7 5 = P v t " f 0 V 75 70 10 t7j . MO �o i52 Z� I Sr �(9) �� ( � N � 7 i^ o•3G► a? n d7 ,� N CONDOMINIUM NO. 2IG AmeNp ro ^ lJ 4 AGO N GR Q `I' .,.� 40 +� i N , ; �•- ti R Go oo . nto. t/ 2 q , 3 3 2 _ 4- F 2300 0 ; z �° c E.: = �°�o OUT (e)' ; lK 4 1� M N �47 r M I 74 z 73 7 • p 7f 75 / 1,7f t�a�.5� N w N ' v1 50{. 14.2 ♦ 4 1 34.g9Q 439.70 ,... ` r 4 ^ 8`p f�Z ♦� (37) r low at a: V o C�8) N 1p 3 o N 9 +la 7f c �`•o kv 8 '% V S ( IS ) E✓U TIRE PAID -c L 1 � ORA►NAG E ES4- - .a 2 {$4, 1% 1A 2 / N CL 0 OU T LOT c l t�t ( {33 j N _; D (L�) a O� d�" V 34-991 77.03 95.f$ 11-4 s o So $S. /o0 79. G4 w PROPERTY LINE / ZONING MAP 3 4 N 91 PROPERTY LINE / ZONING MAP 3 4 N rM Attachment 3 t I ,1U 1 I r JI l VSI I �WI i' I 1' _ f 0 N 88'39'34" E 66.01 I' M 1 � w 1 O � O �o , �V 0 r o N In ` z �+ '. � ' r . h,t 1t Ar I t.e•.y � le•t + r.alr wvass .n,Y.r•x" nUK01e0 wa 11110 ".9 ,VI "Y> V ^J IV I— n. rat^ wA u0p.r.... •, al rUp Ir•h ,.•.Y]> pllY• niO. YItU o I Val t I ,1U 1 i W �o 04 In DRAINAGE AND u71UTY EASEMENTS ARE SHOW TM& � /V 1 I '. � ' r . h,t 1t Ar I t.e•.y � le•t + r.alr wvass .n,Y.r•x" nUK01e0 wa 11110 ".9 ,VI "Y> V ^J IV I— n. rat^ wA u0p.r.... •, al rUp Ir•h ,.•.Y]> pllY• niO. YItU o I Val }..tr, ietr al ir.e yW 1; 4 ul the NW t 14 of It. Nfr 1/4 of Sec 24 659.32 t i 1; „ r • S 88'39'34" W 91A11 Of YMMN 9iJIA t.UUkl l 0 AA/LM A 1 ►NUM Kt t!N 81 1.* M a(kI . It. F,,,ntuW I,Wj "otWJ11r ana Aprto NorwM: fweDO 1p ono WIND. lee orner] of 111e foeorwy Ins twtryory wort n t !lu> j JtK•oeC yrV(illtr yt,WIN •n It. •t, of #AQW ool. kJmatt ia.nt, rrw,•Wtu or ko"I If S.. I. J Inw .o Iaria tu+Kr•I. GRAPHIC SCALE IN FEET It'. tiauih .b }Us I"I aI llw Swb,W, %t Wade, of the Nuthr t Ouw lw al the No Wale of !,00ta :4 I~V,4' ffulp> puq «. _ --- CWII I' :•y. kw,yt •.tyre tnt Mn Ww ee an I tees of the Swm 0} :6 } leet.uf the .» W Nw [I 150 feat of the l "J160V trot ot ll ur W,.KSJW w H - -" ! l > Yr �olrwnns,a C.Vtes _ IFrK .py]a0 1rY W 1,. to ),.t Oath w•a t•WIIN o> Mtstkt:.f IlfIw+l. ono J,• hwebp otdi alt IV Iht poW, fur pubha u]t t•ri, ++1 Yu,rYr,.w Iu t>w Ins Inwurgntata• C-1 do !C u"•Itye 01.0 utall eaten.w,t) w the dw,age easanretlt M Y:orn w. lha prJl Mk J•• , .w Wt.t ,wlrf, V,at w• iht _ JJ, u .. 1 4 the C,1) I.uwIN of the tA, of ra"it..W. �� 1 �b y` ft" iY p. wilre)) Mw NI aaa QJ Y+ +Y ), •IV .644 Il.a #,..1 M .1. r+l tIe a•1 u) 1{.t. rtlWJ b1 ilY l,it tuunar 01.0 M 1[01.0 „tl lltr] pal O,>wOrr9 /nw,J Flax nwwtn onJ Alna a rtu welt Iwt4,mo onJ rne. faK nw run+o >el kleW nunaa lnr> . out �I _..._ ... 19 _ to 1111-411-10 Slulvle. 'r. 1.. 9l1'. V:. iul-0 1 kotn—a I,aJ Nt+raUr _ - - AIn a wwrull Ia pa•ot•le +, llY M 19 qr It. Iw,. IWWo I t—d—i lace clew. pwl. of >u IIY,r at na. Own'uw.l 10.W) Ono hwalw tltr,pIVU 1 / ,hCh t•Y 14 Milt nlJl. pIp! nlwlullrer )rt aIJ n,araea Wrll. '> O .41.0 the: J.•/ vt _ IY IKetlst namLel 148'1 •' OAT, -9 -` -'- [Ye•1.II b t No n.tJltwr.ent Syn%Lc4 Spurn of an Sfotulr Ivqueei I,x at j •• r .__—_ ... ._ -.. .. _. Itepv, • Vet ,p11. 1 .,r 1-1 4—It la•afw, Ij: n•h Gr 14 Mch rwI mtnurnn:l [hot rni Ile Set u,: w betwr t. r.nllwnt,,1 nee Ih.> OV ku , •, +r0 t.N I,.x Wb• ir.t wey,l y .Ja u,lt..•r,tayta hrr,re , y r Iy t• M IIY OUp of and by An., J "w roan r.uspa,d •e•./ r.lt /'..•>..w., Iu lilt —e :1J 91ah.te `.e, I«+. Sb.IA C. 11— put bJ> lIW)t, a>amlrrra w.J a oyprutaa Inn _ dot of ,. ; 4 19 , .f I1 wlwt,l of Yrr Slalufra `.e• 1«rr 909 U }, < �naa,4t• w` no beN. fu > ed Ih tt• fait i.t the SW I/ 4 of M. NO 1 /4 kit br , NO 1� ..f "4 •,r. \r` w " . u, F•.Iwp 1'uW.•. lwnlr, WVY>.•ta 1 .'Y. M :: hat w. 0%wmea brae.' vl �,WJy 34 N n � buta U Caw•x,I. 1 � +rwebp ,f.idp Iha I hut. )w.epeJ and 0011e 11. W uytt ip Je>.r{..a v, 0 - plat .> "4x 11[ '.1 tk /ant'. trail M., plat r, ko„Iatl Could, 5p1Ktw ,. ..Ile e• t ,Wyrt>totul.wr 'I th. __V Il.al W Jalat,ae> we aarr r. t1l V.a•M• w tee pat rr f•tl or,u I orral„> ..I a [wl. Imt, .w•I, Ne, at dw toom, al kun.>e I. :tale r1 Ynr.ewt.l VJ nxrwruw.la Al b• a.r.tatlt pta ird ., Ihr',aorta u> W.,• -.. t,w, the wl a.Jt boo Ines we •w.r.11, Jr V,0ita 0 0 .tire V.t/ dad ft wt 1. K1 sand. a> OeN,N +, YOr,r>. •IV ll Ulule >. 'xt l..., 9119V:, 1ata 1, o poem. h.q,ray> 1., be I U.011" —M M., 11.11 plot of f/lll :1 Iyltnl', ro> fWa n Ihr •. .•I ltY L Rhwdw I t publ„ ,a o an tn,4 >♦ � r. �;�,• r J.>.yrWIN -.Mr• ft oa V «•r.. ,n ",a put -... J." ar 1'r _ al .. � tir.l Y w.a W11) a t, to" n bar ..._ _. .1 F'1W> � � lr - te , ly,4 /Ae Oar f1Ce paw filo-t— k01•et1 k '4.f. lw.a `+x wn+ r... M• >r..n« •torte Fw .+a.r w_ *^!e- '�'w"7 let:l IVs ItlM•r.a rot Ieb• •aJ f 1 1 14 1 vet i 1` PROPOSED FINAL PLAT a Q N HILLCREST HEIGHTS N.II U. fair a.t n,r ;•.«.u. se: uj feat uI Ihr ,w 1/+ N x8'39'34" E 01 of the NO if. of the NO 1/4 a.1 '..t• :4 0 443.16 Too Attachment 4 PRELIMINARY PLAT 00 00 ot HILLCREST HEIGHTS e%w ,r' COLLEGE CITY CONSTRUCTION r%W ' -- -1 - 593.30 S 88'39'34" W t ' A / \r'1L)A 1 /�Llr r A 11 +r11 /� ! nVVI 11 V I 50 The South 263.03 feet of the West ha/f of the Northwest Quarter of the Northwest Quarter of Section 24 except the North 100 ket of the West 216.00 feet subject to roads. cRAPMc 9CAIZ nt ter >• M s • RR i C� I I � r 1 � `1 1 Cj + J' �C W o P c0 N o , 1 , � J `1 1 i I 1 PRELIMINARY PLAT Q 5 N , I y y � ' � 50 A 3 i N N 88'39'34' E ti6 a . .� -� - - -- - CO / / - -- 105.00 - - - -- 1 r r -- - -- 1-- --- •, - - -- r------------- - - - --+ TEW4AA*r EASEMENT -• -_ j . 1 f e ' 8 ' I 8 A A C C I 1 1. 13.571 M.R ��� ' 1&179 14R C I I I a 1 0.005 Q a 18 a � � N 88'39'34' E 1 � Q 1 1 1 1 �ti Q , - _ ^_. - 6'� ^ � --- - - - -- ro7 -o - - - - - -� ' '--- se. +a - - -- o HO YT 1 ; ; / _ 315.91 - - - --- � N _ - . ._ . ._ _- . ._ . � • p 3 31.036 m#L ar Sam 5 107.194 9 r• ---------- _ 1 r r--------- - 98.00 + +s.�o - r a0� p,� t t 0. 0( i i I IZ 0 01 1 1 a�,.� � 1 = 7 7.1 1 0 0+ ; ; ; ; 2 c c 1 1" 3 3 a �o 0539 Milt % a a 1 t a 4 41 0923 .ems.. • •1 1 1 0 0913 .e• •1 1 1 / Is I I � i i WETLANDS ' 1 1 1 1 - ' 1 1 - 1 t t - 1 _ -__- ' _J L ------ - - - - -- 1 - -- -- ---------- 1 The South 263.03 feet of the West ha/f of the Northwest Quarter of the Northwest Quarter of Section 24 except the North 100 ket of the West 216.00 feet subject to roads. cRAPMc 9CAIZ nt ter >• M s • RR i C� I I � r 1 � `1 1 Cj + J' �C W o P c0 N o , 1 , � J `1 1 i I 1 PRELIMINARY PLAT Q 5 N Attachment 5 50 8:00 P.M.: Preliminary Plat - Hllcrest Heights (College City Construction) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to develop lots for eight homes on a 3.23 acre site east of McKnight Road and north of Montana Avenue. b. Manager McGuire presented the staff report. c. Associate Planner Roberts presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Paul.Cherney, representing the developer Gary Robinson, 2325 Montana Resi -dent of 2321 Montana Gregg Brady, 1580 McKnight Road Ray Horwath, owner of property being proposed for development f. Mayor Bastian closed the public hearing. go Council member Rossbach moved to approve the ,prel mi nary pl at ,recei vei th e C t oon March 7 1995) for Hill crest Heights.. subject to fol 1 owi nd conditions 10 S ign an agreement with the City that guarantees that the developer or contractor will: a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of traffic-control and street identification signs . d.* Provide all easements required by the city engineer, including an easement for the temporary cul -de -sac. e. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. f Install survey monuments along the.wetland boundary. g. Remove any debris, junk or fill from the wetlands and site. h. Have NSP install one street light near the intersection of McKnight Road and Hoyt Avenue. The City Engineer shall approve the exact type and location of the street light* 2.* Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet the following conditions: a. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control handbook. b. The grading plan shall: 1) Include proposed building pad elevation and contour information for each home site. 5 -22 -95 13 6 2 Include contour information on for the land that the street construction will disturb. 3 Show housing style that reduce the grading on sites where the developer can save large trees. c. The tree plan shall show: 1) Where the developer or contractor will remove, save or replace larg trees. 2) The size, species and location of any trees that the developer will plant as replacement trees. 3 All trees that the developer will plant shall be at least 2 1/2 i nches i n diameter. There shall be no tree removal past the approved grading and tree l imits. d. The driveway for 1540 McKnight Road shall be removed from McKnight Road and shall be moved to connect to Hoyt Avenue. The sewer and water services for 1540 McKnight Road shall existi � in be abandoned and reconnected to the new utilities Hoyt Avenue. se the e The . uti 11 ti es shat l be desi gned and instal l ed to se property to the north. 3. Show the fol l owi ng on the f i nal pl at: Dra and utility easements along all property lines. These. a. Drai g y easements shall be ten feet wide along the front and rear . property lines and five feet wide alon the side property 1 i nes . prop y b. The. north /south part of the street (by Lots 5 and 6) shall be named "Currie Street." c. The wetland boundaries on the final plat as approved by the Watershed District. d. The required wetland easements and buffer areas. 4. * Change the drainage a easements so that all the lots have at least 10,000 • s uare feet outside the drainage easement. q 5.* Give the city wetland easements ove r the wetlands. The easements shall .cover the wetlands and any land within twenty feet surrounding a wet a 1 nd. These easements shall prohibit any building, mowing, cutting, f i l l i n g or p g dum in within twenty feet of the we or within the wa itself. The ur ose of this . eas ement is to protect the wetland P P qual y it of the wetlands from homeowners fertilizer and to protect the wetland habitat from residential encroachment. If the developer decides to final plat at part of the prel iminary plat, the . y City may waive an conditions that do not apply to the final plat. h e eve p er o must complete these conditions before the city issues a p g rading permit or approves the final plat. Seconded b Councilmember Carlson Ayes - all H. AWARD OF BIDS 1, oor Electronic Message Center - Community Cente a. Manager 're presented the staff re te Director of Parks & Recr nderson presented the specifics of the report. c. Mayor Ba asked if anyone wished to speak be the Council rega g this matter. No one appeared. 5 -22 -95 1z 7 F � .loti by Council a TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Pla Fina Plat Southwinds Townhomes Second Addition Beebe Road, north of Larpenteur Avenue August 30, 1995 I NTRODUCTION Endorsed..,,,__�, Modified_„____,,,, Re,jected..,,,.. Date John Low is requesting that the city council approve the Southwinds Townhomes Second Addition final plat. The plat would be on the east side of .Beebe Road, south of the Southwinds Townhomes First Addition. This plat would create 13 double dwellings (26 units) and is the second of two phases. (See the maps on pages 3 and 4, the proposed final plat: on page 5 and the phasing plan on page 6.) BACKGROUND On February 14, 1994, the city council approved the following for this project: 1. A conditional use permit (CUP) for a planned . unit development (PUD), subject to five conditions. 2. Lot area and width variances for the town house Lots. 3. An easement vacation for a walkway near the north lot line. The vacation was subje to the developer dedicating a new walkway easement to the city, just north of the vacated easement. 4. A preliminary plat for 56 town home lots, subject to four conditions. (See the minutes on page 7.) 5. The site plan, landscaping plan and building elevations. MEMORANDUM On August 22, 1994, the council approved the Southwinds Townhomes First Addition final plat. This plat created lots for eight double dwellings (16 units) on the east side of Beebe Road. DISCUSSION Southwinds started building this phase of the development in July 1995. They have met all the conditions the council required to approve the final plat. RECOMMENDATION Approve the Southwinds Townhomes Second Addition final plat. Approval is subject to the developer recording the wetland easements with the final plat. kr /p:Sec14 /swind2fn.mem Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Proposed Final Plat 4. Southwinds Phasing Plan 5. 2 -14 -94 Council Minutes 0 Attachment 1 +'� r AVE. . •6 64 , ' � 1% CRE 770 AVE. -- s EwooO AVE. • _1�tO RAMSEY COUNTY •; ; • s. , NORTH S4lNT PAUL of# V • ' s '' •� ss� 46 ••• �� •' • ♦: • • ♦ •' • ALDRICH COLE Q`�� HO LL OWIAY —.6bob- 4.-- COURSE W ARENA <1 > NOMMO a • r. 1. . w 3. . KNOLL Cl ? C.i Vf O g �► ac o •. ' RIPLEY AVE. .. . o. KINGSTON ca aQ to KINGSTON AVE. iiijjjjj; W i I A VE . cv PR ICE w .•:• � � •••. _ Y MC"CW W AVE. 4) m LARPENTEUR IAJ •• . • . : 04 • , ., IDAHO AVE .• cr 7 • AVE. 't W NEBRASKA ,� AVE. 0 =•� 00 1 440N --- •. ' ^. VE. . J • • • Cr Y r+r0* V U Ia IN DR .; • TILSON < COYOTE U t ANTELOPE G3 ; AVE. AMBER-AC E. l�tSON 3 KVERD& b e 4 @O9CAT t • / 3 5 COUGER 4 5 E. MARY LOCATION MAP Q N 3 Attachment 2 J h 0 , N O 1W dt A.0 3 • `• / o4 1 `' tis.. 114 t 04 - w oo , 0) t �� �,., Go 1 C 38 7 ARCHER HEIGHT S 04 � o3 0 �` �- 5 3 8 `/ �a�o , �� cc -Ba . ; p (A..03 GREEN GATE '' X98 2.50 +4 1 9 8 Ofo 0 �o -- 1 as IOI ` O 4 \4` RI 40 cot ;A>f 0328 I � Mona • Rol e 1 -us& Aj &&.5mha Gwff-� ANWL LL_� Val '_ - - - s 14 Os 3 Z r o - - - -- - - S- i oo _ t1j �s a pt„Luae i�ot _2.� a�S - e� °os lei o r2.ro.18� P - - (L7� (t S) �Z ��. 31 ' � . <o l a�i ti 2.21. v4 - 23 ZQ "� — � — _ ` Nvstd 2 d v � 21) a,:+b �. : ��> l.naw,• z _ n Z4'°_ �• X01 _ . _ _ .:. � �,/ or rZ.B -Sam. ti 1 I! 17 8 14 13 (371 �Q ti� �� 0 3 TiTAt. (3J Aj 41 Ag. TOTA L 0 6 1 1 SITE :54) S. ,� , OO '• --±tom �'o-r A L 4 . P Q,ti� c0) R5 Z .rp7 3 6C � Qp� �yt* � t 3 L T", ' .� p fir!) 2 � 9 o qI 3 3• N i p�MV� i 3.3 3 °03 _... 29c. ^ � � vj�''83'I,` I .d7 t•M� � r w 93 3 2 0• 289 19 fsht„j I 3� .8� we Q to Tit • l loo Z _ - - -' tiv Pe�►a Opt J ` - ,-'set - i f s�s�of�� ul SOT (� as?. 94 R C •,2e ,� _ _ I► I C = - - - - s 138, Q D c •oj _ � � esRt. 8G 1 3 • r ` - 2 2. F 4 � .50 02o t D � o�c 4� ��o• �, -47_ c ';� Q • �3 8a _ CO : ,� • ' 1 .0 8g O,o ,$) W v (a ) N J." 88 X39) (38) 4 M C �2 3!:9.87 • � 8 � ., LARP ENT EU R AVENUE s , ?.5151 .1 s. PROPERTY LINE /ZONING MAP Q N 4 Attachment -3 - - - - - - - - - - - - - - - - - L - -- ---------------- -- r A t` ` : -- - - - - - - - - - 7* 14 2*E q 247-1 1 4 � 4 20 -j4.W AI• k; • 4.3 V P . C4 25, 0 23 21 s 22 " ;. , t� � � cNn -�..� f.,.•,�us,,gs•c� -w �r � � • �3..�k � Y ' �•a •• `. `;'ate � ; .. Z Aw 1 L ANO I6 66.5a 41.20 S08*43 56 w -11-27 6 -7 Z A 0 ► L 4e. A PCDCFIRAW MY Am S89*32'12'W S00124 W o w • :1 !-�, 297.62 S14450'.3 3.36 -, I * * 114 6 Ii1G6`3i'.�6'll' ! *' �- � I S. t r . r ' Sjo da2f 4 0 , 3 fi��Ar:z s1t. Ak Ir "14 1.4, •4 C-Q.:.NA:;r NORTH • 10' P&XTFXLM WA!' Co. QUID 4 INC 21 k o T; :, TOLUNHOMRS 4k�o j. SraCOND ADDITION SHEET 2 C* 2 SHEETS PROPOSED FINAL PLAT 4 5 ow 4e . b 0 SK ii, 9*54' �, urg LL 6. .2 4 e j 0-. A'I- 5 SHEET 2 C* 2 SHEETS PROPOSED FINAL PLAT 4 5 Attachment 4 SOUTHWINDS TOWNHOMES, PHASING PLAN 4 N Attachment 5 Preliminary Plat h e o rov the uthwin s Townhomes relimina �. Counci l member Rossbac moved ,^__._ a t aDD e o l at with the d vel o er o com 1 e the fol l owi n condi n - before the Ci t -Y C. ounc l approves the f i n al pl at_. 1) Have the City Engineer approve the final construction plans. These plans shall include the grading, tree preservation, internal street, p p lan utility, erosion control and drainage pla The erosion control p shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. 2) Make the following changes to the plat: a) Show a drainage easement around the proposed sediment pond and ten feet beyond the proposed wetland boundaries. This .easement shall include the area between the east -west trail and the wetland to the south of the trail. This e asement sa p y h ll p rohibit an mowing, cuttin filling or dumpin includi yard waste. b) Show the wetland boundary, as approved by the Watershed Board, on the plat. c) Move the east-west walkway easement north to generally follow the water l i n e and designate the easement for trail use. Widen the. first 200 feet of the east -west trail easement from Furness Street to fourteen _feet to accommodate ublic works a ui merit. The Williams Brothers Pipe tine p q P 1 Company must approve the new easement before the developer begins to construct the trail. d) Provide a ten -foot wide trail easement from Furness to Lar P enteur along the east side of the plat „ with the location to be approved by staff. 30 Give the School District a driveway easement over the north 95 feet of the i at that i s west of Beebe Road. • P ' agreeme g uarantee that the developer will complete all public improvement 4. Sign an agreement with the City. This agreeme t g and meet all City requirements. This agreement shall require that the developer. a) Install and maintain permanent signs around the edge of the drainage easements. These signs shall state that there shall be no mowing, cutting, filli or dumping beyond this point. b) Construct the east -west trail along with the Phase I construction. The trail shall be 12 feet wide for the first 200 feet from Furness Street and 8 feet wi de the rest of the way. The first 200 feet shall be strong enough to support public works equipment. c ) Install a five-foot-wide concrete sidewalk along Beebe Road from the north P ro P erty line to the south property line* The � sidewalk fronting developer shall Install the portion of the si dewa g each phase the remaining sidewalk no later with that phase's construction. The developer shall ter than with the last phase. vel o _ r ' deci des to final plat part of the preliminary plat, the I f the de Pe Director of Community Development may waive any conditions that do not apply to the final plat. Seconded by Counc' lmembe r Carlson Ayes - Council members All enspach,Carlson, � Koppen, Rossbach Nays - Mayor Bastian 2- 14 -9.' Agenda No. .A.GEND.A. REPORT DATE: September 5, 1995 TO: Mike McGuire City Manager FROM: Sherrie Le Human Resource Director SUBJECT: Drug & Alcohol Testing Contract Action by Council: Endorsed Mo d i f i e d,w,....�,.,.._ R e j eoted..:.,.,. ,.. ..,.. Date The City of Maplewood must comply with the Omnibus Transportation Employee Testing Act of 1991. By law, we are required to have a Drug and .Alcohol Testing Policy and Program in place by January 1, 1996. The drug and alcohol testing applies to all employees who we require to have commercial driver's licenses. We have 26 employees who are required to have Commercial Driver's Licenses: 3 Foreman, 2 Mechanics, S Utility Maintenance Workers, 9 Street Maintenance Workers, and 7 Park Maintenance Workers. These employees are required to undergo the following: random, post - accident, return to work, reasonable suspicion, and followup testing for both drugs and alcohol. New employees to these positions are required to go through pre - employment drug testing. To meet the requirements we need to have a number of things in place including: -a policy, -a system for random name generation, -a clinic site for specimen collection, -a certified testing laboratory, -an Employee Assistance Program for assessment and referral, and - access to both a Medical Review Officer and a Substance Abuse Professional. In addition to these, there are very specific requirements we must follow in doing the testing and dealing with the results of testing. We must also train our supervisors and employees on drug and alcohol awareness, responsible use, and, for supervisors, identifying symptoms of drug and alcohol use including what constitutes reasonable suspicion. As you can probably tell, the regulations that we must follow are quite rigorous and complex. I have been researching this for several months and feel the best way to ensure we meet all the requirements is by contracting with Kerr Transportation Services. The program is called "METRO- TEST" and it is very comprehensive. They have been managing drug and alcohol testing for the private sector for a number of years. They are the most knowledgeable of several groups I considered and also happen to be less expensive than most, if not a11, of these programs. By joining, we will have the services of random name generation, a certified testing laboratory, a medical review officer, supervisory training, sample policies, and assistance with contracting for collection services. We will use our EAP for the Substance Abuse Professional. There is a one -time cost of $149 to be a member of this program and obtain these services. There will be additional costs for specimen collection and testing. I have attached a copy of the contract with Kerr Transportation Services for your review. Please recommend approval of the contract to the City Council so we can begin policy development and employee education. If you have any questions, please do not hesitate to ask RECOMMENDATION I recommend City Council approval of the participation agreement with Kerr Transportation Services, Inc. "METRO- TEST"' program for the Drug and Alcohol Testing. ADDITION TO ITEM F -5 DRUG AND ALCOHOL TESTING CONTRACT I SERVICE AGREEMENT AGREEMENT, dated this of , 1995, by and between Kerr Transportation Services, Inc., dba METRO -TEST, a Minnesota Corporation, 10545 110th Street North, Stillwater MN 55082, (herein "METRO- TEST "), and CITY OF MAPLEWOOD whose address is 18.30 EAST COUNTY ROAD B M APLEWOOD MN 55109 (herein the "City ") In consideration for the mutual promises and covenants contained herein the parties agree to the following provisions 1. METRO -TEST RESPONSIBILITIES . METRO -TEST agrees to provide to Cite the services, forms or materials more specifically set forth in the attached Schedule A which shall be made a part of this contract. These services shall be limited to records (adininist rat ion, recordkeeping and generation of various notification letters and invoices. Consulting services are not included in this agreement and may be provided under a separate agreement, if desired. 2. CITY RESPONSIBILITIES City agrees to cooperate with Metro -Test in the exchange of information necessary for the ft.ill compliance with the federal and State drug testing regulations. Cite agrees to pay Metro -Test for its service within seven days of receipt of Metro -Test invoices. City AGREES to pay a service charge for unpaid balances egtiivalent to 1% a month and unpaid balance per calendar month. City agrees to pay Metro -Test for services pursuant to the charges set forth p in the attached Schedule A. Prices will be subject to change upon 60 day prior written notice. If Metro -Test is required to collect unpaid balances through initiation of a lawsuit, Metro -Test shall have the right to collect reasonable attorney's fees. WARRANTIES OF CITY The City warrants to Metro -Test that the person signing this agreement is the person duly authorized by the Board of Directors of the City to enter into this agreement. City warrants that it will remain in frill compliance N %.!itli all applicable federal and State laws. City warrants to Metro -Test that all information provided to Metro -Test shall be complete and accurate and represents the most updated information available. 4. DEFAULT If the City fails or refuses to perform under the provisions of this agreement, whether or not material, Metro -Test stay terminate this agreement by providing ten day written notice. 5. TERM Unless earlier terminated pursuant to the provisions of this agreement, this agreement shall be in frill force for one year from the date shown first above. Any party hereto may terminate this agreement, with or without cause, by providing to the other party not less than sixty day written notice. 6. NOTICES Any notice given under this agreement shall be effective if sent by mail on the date of posting the same by United States mall, and if by personal delivery on the date of such delivery. Any and all notices required tinder this contract shall be in writin g and shall be delivered to the party entitled to receive the same by hand or by United States mail addressed to the addresses shown first above. 7. WAIVE R./MODIFICATION No officer, employee or agent of the parties has the power, right or authority to waive any of the conditions or change, vary or waive any of the provisions of this agreement, nor shall any custom with or without knowledge of such party have the effect of changing, modifying or Waiving or foregoing any condition or provision to this agreement. The terms of this agreement shall bind the parties hereto and their heirs, representatives and assigns. This agreement shall not be modified or assigned except in writing and endorsed by both parties or upon 60 -day notice for price changes only. 8. ENTIRE AGREEMENT This agreement expresses the entire agreement between the parties, there being no representations. warranties or other agreements, oral or written, not expressively set forth or provided for herein. I METRO - TEST SCHEDULE A IN SERVICE PROVISIONS 1. Assistance in the development of written policy on drug /alcohol testing. 2. Assistance in the development of City procedures for operation and administration of the drug/alcohol testing program. 3. Training programs "SAFETY IS THE PRIMARY ISSUE I - Reasonable Suspicion Drug Testing" and "SAFETY IS THE PRIMARY ISSUE II - Reasoanble Suspicion Alcohol Testing" to comply with supervisor training requirments. 4. Ongoing updates of changes in drug /alcohol testing regulations as they occur. COST $149.00 DRUG TESTING SERVICES 1. Specimen collection cost. 2. Drug tests performed by a laboratory certified by the Substance Abuse and Mental Health Services Administration. . Medical review officer for review, interpretation of drug test results. 4. Blind samples submitted as required by the U S Department of Transportation. 5. Copies of the test results for persons tested. 6. Full federal recordkeeping in format required by federal regulations. 7. Forms and paperwork for each test. 8. Collection containers and shipping materials. 9. Overnight transportation of test specimens to the testing laboratory. 10. Full recordkeeping in format accepted by the Federal Highway Administration. PRICE PER DRUG TEST $39.00 if SmithKline Beecham owned facility is used for specimen collection. PRICE PER DRUG TEST $58.00 if SmithKline Beecham owned facility is not used for specimen collection. PRICE PER ALCOHOL TEST: Cost iglus $2.00 not to exceed $30.00 This schedule is made part of the Metro -Test agreement dated Kerr Transportation Services, Inc. City CITY OF MAPLEWOOD B�� By 9. SEVERABILITY It is agreed by the parties that if any part, term or provision of this agreement is held by the-courts to be illegal or in conflict with any law or the state or federal government, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, terns or provision held to be invalid. 10. INDEMNIFICATION City agrees to indemnify and hold harmless Metro -Test, its agents, customers and employees against except such claims arising out of Metro- Test's sole negligence asserted against Metro -Test hereto: a. by any other party or entity, or b. by any agent or employee of the City METRO -TEST agrees to indemnify and hold harmless City against any liability in connection with this agreement, to the extent attributable to the sole wrongful act or negligence of Metro -Test. 11. GOVERNING LAW, JURISDICTION _AND VENUE This agreement shall be deemed to be an agreement made under the laws of the state of Minnesota and any legal action arising out of this agreement shall be brought in Hennepin County, Minnesota. 12. LIMITATIONS ON ACTION Legal actions relating to the performance under this agreement may be brought no later than two years from the date the cause of actions accrues. 13. SURVIVAL OF TERMS All provisions relating to warranties and indemnification contained in this agreement shall sunlive termination of this agreement for a period of six years after the date of termination. IN WITNESS \WHEREOF, the parties have executed this Agreement by their duly authorized representatives the day and year first above NN. , ritten, in duplicate. Kerr Transportation Services, Inc. City: CITY OF MAPLEWOOD dba Metro -Test 3 Title M Title THE LEVEL PLAYING FIELD CONCEPT METRO -TEST has developed the. LEVEL PLAYING FIELD concept for use in our random drug and alcohol testing consortium program. By using this method, your city is protected from paying for more random drug /alcohol tests than required by regulation. Here's how it works. Your employees are entered into a random selection pool consisting of employees from } other cities enrolled in METRO -TEST. Selections are made six times a year and the number of employees selected per month ensures that the required 50% level of random drug tests and 25% of random alcohol tests is met for the year. Since your employees are entered into a pool with employees from other cities, your employees may be selected at a higher than 50 %/25% of driver positions; or, your employees may be selected at a rate of less than 50 %/25 %. Upon entry into the random selection pool, your city is charged 1/8 of one drug test per employee each quarter and 1/16 of one alcohol test per quarter. This equates to a cost of 1/2 of one drug test per year per employee and 1/4 the cost of one alcohol test per year per employee. All random drug and alcohol tests are then paid by METRO -TEST - no matter how times your employees are selected. If your city is under selected, the pool money is used to pay for over selections of other cities. You always know your random drug /alcohol testing costs up front - no matter how many times your employees are selected. The LEVEL PLAYING FIELD concept eliminates paving for more random drug /alcohol tests than required by regulation, due to over selections. Regulations require that an employee have an equal chance of being selected each and every time a random selection is made. THIS MEANS THAT AN INDIVIDUAL CAN BE SELECTED MORE THAN ONCE IN ANY GIVEN YEAR. Agenda # r -OW 16 MEMORANDUM TO: Mike McGuire City Manager FROM: Sherrie Human Resource Director RE: Group Insurance Coverage DATED: August 24, 1995 Action by Council: A Fndors e A..� .•,••. l odif ie �. Re j e6te Date The following summarizes the status of employee insurance coverage to be effective October 1, 1995. We will have to go out for bid next year based on the five year statutory requirement. Please forward this to the City Council for approval. The Employee Insurance Committee recommends approval of the following: 1. One -year contracts for health insurance coverage with Medica and Health Partners. There are no change in premiums for either group. There are no changes in coverage for Medica, but there are several changes in coverage for Health Partners. 2. A one -year contract for life insurance coverage with Minnesota Mutual. The coverage available for employee and spouse optional coverage has increased and there is no change in premiums. 3. A one -year contract for dental plan administrative services with DCA. The administrative costs will increase from $2.60 to $2.65 per employee per month. Because our fund balance greatly exceeds the minimum we require, we are increasing benefits slightly and instituting a one year decrease in premiums for both single and dependent coverage. We will re- evaluate the premiums next year to determine if we can Mend the decrease beyond one year. 4. A one -year contract for long -term disability coverage with Schools Insurance Fund. There will be no change in premiums. Agenda No. F4=- I AGENDA REPORT DATE: TO: FROM: SUBJECT: August 24, 1995 Mike McGuire City Manager Shem�e Le Human Resource Director Salaries for Selected Metro Supervisory Positions Action by CounolIv Endorse,„ We have recently completed negotiations for the salaries of three Community Center positions covered by the Metro Supervisory Association (MSA). These positions have been in place for over one year. At the request of the employees, union, and management, we re- evaluated the positions based on the consensus that they were likely underpaid relative to both internal and external comparisons. I conducted a compensation evaluation was using market and internal comparisons, with more weight given to relevant internal comparisons. This evaluation confirmed that the positions were indeed significantly underpaid. Using that evaluation, we reached a tentative agreement to increase the pay for these positions as described in the attached Letter of Agreement. RECOMMENDATION Please submit these salaries to the Council for approval. The tentative agreement with the Metro Supervisory Association is attached. LETTER OF UNDERSTANDING Between THE CITY OF MAI'LEWOOD And THE METRO SUPERVISORY ASSOCIATION Pending Council approval, the following pay rates will be changed effective on the date both parties sign this agreement for the positions listed below: Start 1 Yr. 2 Yr. 4 Yr. 90% 95% Base 103% Building Maintenance Supervisor 16.83 Recreation Program Assistant 11.97 Aquatics Program :Assistant 11.97 For The Union 17.77 18.70 19.26 12.64 13.30 13.70 12.64 13.30 13.70 Date: 8123j95' For the City of Maplewood 114!� ;77:;1uw1,ow ;;A--� . oii"-Z-� 40F W 1W - -",-IV Date: -- 1 ; � y AGENDA ITEM Fw_? AGENDA REPORT TO: City Manager action bar COuncil: FROM: Public Works Administrative Assistant Endorsed.. M :I SUBJECT: Close Project 93 -09, City Hall Driveway Date DATE: September 5, 1995 , .Introduction It is necessary to close out Project 93 -09 as it was never constructed as a public improvement project. Background Public Improvement Project 93 -09 was initially intended to reconstruct the entire length of the city hall driveway. However, only the segment of driveway serving the community center was reconstructed in conjunction with construction of community center drives and parking lots. It was determined that the driveway costs would be financed by the community center construction fund rather than state aid funding. However, Project 93 -09 was temporarily charged for the driveway design costs from the community center architect, AKRW. In order to close out Project 93 -09, the costs must be financed by the community center construction fund. 40 Recommendation .It is recommended that $3282 be transferred from the community center construction fund to Project 93 -09 in order to close out this project. WJP jC F-wo 9 Action by Collpoi1;4 M E M O R A N D U M Endorsed - Modifier] TO: City Manager FROM: City Clerk: RE: GAMBLING LICENSE - ST. PAUL EDUCATIONAL FOUNDATION DATE: September 6, 1995 The St. Paul Educational Foundation (St. Paul Ski Club) needs to renew their Charitable Gambling License with the State of Minnesota, which requires a resolution from Maplewood. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for St. Paul Educational Foundation, 7060 Timberlea Drive, Woodbury, Minnesota to operate at The Chalet, 1830 Rice Street, Maplewood, Minnesota FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §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 Minn. Stat. §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. G -/ MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Preliminary Plat and Zoning Map Change LOCATION: Sterling Street, south of Linwood Avenue PROJECT. Amber Hills Fifth Addition DATE: Aug 3, 1995 INTRODUCTION Project Description Action by Council.4 Endorse .r.:, ,�,..�,. Mo dified..., Re j ected,. ...: „ ]Dat Mr. Bill Dolan, representing JDV Limited Partnership of Maplewood, is proposing to develop Lots for 27 homes. The project's name is Amber Hills Fifth Addition. This plat would be on a 11.7 -acre site along Sterling Street, south of Linwood Avenue. (See the maps on pages 10 and 11.) 4 Req uests To develop this site, Mr. Dolan is requesting that the city: 1. Approve a preliminary plat for 27 lots and two outlots. (See the proposed plat on page 11.) 2. Change the city's zoning map. This change would be from F (farm residential) to R -1 (single dwellings). (See the property line /zoning map on page 10.) BACKGROUND On March 25, 1991, the city council approved the Highwood Meadows preliminary plat, vacated an easement and changed the zoning map. This is the development south of this site. On October 11, 1993, th city council ordered the city engineer to prepare a feasibility study for Sterling Street and Schaller Drive. This feasibility study was subject to the property owners giving the city engineer easements for the street rights -of -way. The city engineer has received these easements. On May 8, 1995, the city council awarded the bid for the construction of the Sterling /Schaller improvement project to Ryan Contracting, Inc. They have started building the project and should have it mostly done by September 15, 1995. DISCUSSION Open Space and Parks The Maplewood Open Space Committee called this property Site 161C. They ranked this site 15th out of the 66 they rated and 4th Out of the 19 they rated in this neighborhood. Maplewood has not included this site in its park or open space acquisition plans. Many neighbors prefer to keep this property for open space or a park. Maplewood would have to buy this property to keep it as open space. Another concern of several neighbors was the amount. of park land available in the area. They feel there is a need for additional park land in the area. tin April 10, 1995, the city council authorized staff to proceed with the necessary steps to buy .24 acres of the Kayser property. This is the area. east of this site and is for 16 acres of open space and for an 8 -acre neighborhood park. Maplewood closed on this purchase on May 24, 1995. Access to this area is from Outlot A of this plat and from O'Day Street. Preliminary Plat Wetlands There are two wetlands on this site. One is near the center of the site west of Sterling Street and the other is east of Sterling Street. Several residents were concerned about the loss of the wetlands on the Site. (See the wetlands on the drawings on pages 11 and 12 or the larger plat drawings that are enclosed.) As proposed, the developer will preserve these wetlands and would not do any filling to the m. The city should require wetland buffer easements to protect the wetlands. Density and Lot Size Several neighbors thought there are too many Lots in this plat. As proposed, the lot sizes range from 1.0,000 square feet to 27,700 square feet with an average lot size of 16,176 square feet. The . average lot size is larger than many of the lots on Linwood Court and in Amber Hills. These range in size from 10,140 - X21,466 square feet. The city code requires at least 10,000 square feet above a drainage easement and 75 feet of width. All of the proposed lots meet or exceed city standards. Maplewood cannot reduce the number of lots if the developer is meeting the city's ordinances. zoning Map Change Staff is recommending changing the zoning map for this site. This change is from F (farm residential) to R -1 (single dwellings). This change would eliminate the possibility of farm activities that could be disruptive to the single - family homes in the area. RECOMMENDATIONS A. Approve the Amber Hills Fifth Addition preliminary plat (received by the city on August 2, 1995). Before the city council approves the final plat, a developer shall complete the following conditions: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. 2 b.* Place temporary orange safety fencing and signs at the grading limits. c. Install permanent signs around the edge of the wetland buffer easements. These signs shall. mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Have -NSP install street lights in two locations, primarily at street intersections. The exact location and type of lights shall be subject to the city engineer's approval. f Pay the city for the cost of traffic- contro and street identification signs. This shall include the installation of no- parking signs along the west side of Sterling Street. g. Provide all necessary easements. h. Install permanent signs around the edge of any wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping. 2. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 3.* Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet the following conditions: a. The developer shall design and install the utilities to serve the property to the east. b. The erosion control plans shall be consistent with the city code. c. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. (2) Include contour information for the land that the street construction will disturb. (3) Show sedimentation basins as required by the watershed board. (4) Show housing styles that reduce the grading on sites where the developer can save large trees. d. There shall be a backyard drain connected to the storm sewer system between Lots 2 and 3, Block 1. The developer shall dedicate all necessary easements for these drains and pipes. 3 e. Provide storm water storage and /or outlet pipes between Outlot B and Pond 6, based. on a drainage study done by the developer's engineer. The city engineer shall approve the exact location, capacity and outlet for this storage. If the city requires more pond capacity, the developer may have to drop lots. f. Provide a tree plan for the city engineer's approval before grading or final plat approval. This plan shall show where the developer will remove, save or replace large trees. This plan also must show the size, species and location of any trees that the developer will plant as replacement trees. All trees that the developer will plant shall be at least 2-1/2 inches in diameter. There shall be no tree removal beyond the approved grading and tree limits. 4. Change the plat as follows: a. Add a drainage easement on the rear of Lots 11 -14, Block One for Pond 5 up to and including the elevation of 985. b. Add drainage and utility easements as required by the city engineer. c. Change Killdeer Court to Dahl Circle. d. Show the wetland boundaries on the final plat as approved by the Watershed District. e. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 5. Dedicate Outlots A and B to the city. The developer shall record the deeds to transfer this property to the city with the final plat. V Provide all easements required by the city engineer. These shall include: a. Give the city wetland easements over the wetlands. These easements, shall cover the wetlands and any land within twenty feet surrounding a wetland. The easement shall prohibit any building or structures within twenty feet of the wetland or any mowing, cutting, filling, grading or dumping within twenty feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from homeowners' fertilizer and to protect the wetland habitat from residential encroachment. b. Drainage easements for the off -site drainage areas and wetlands that this project would affect. 7. Submit recordable deed restrictions to the city along with the recording fees. These deed restrictions are to prohibit the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects all lots east of Sterling Street. The developer also shall notify the purchasers of the pipeline location. 4 8. Show the wetland boundaries on the plat as delineated on the site. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this. wetland information to the 'Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to conform to wetland regulations. 9. Obtain a permit from the Ramsey - Washington Metro Watershed District for any wetland filling. If the developer decides to final plat part of the preliminary plat, the city may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. B. Adopt the resolution on page 15. This resolution changes . the zoning map from F (farm residence) to R -1 (single dwellings). This change is for the Amber Hills Fifth Addition plat. The reasons for - this change are those in the code and because the developer plans to develop the site for single dwellings. 5 CITIZEN COMMENTS We asked the nearby property owners for their opinion of these requests. We sent surveys to the property owners within 350 feet of the site. Out of 22 properties, we received 7 replies. One was for the requests, four were against, and two had no comment. Those for the requests had the following comments: 4. I think it is wonderful. (Image Development - 2373 Linwood Avenue) Those against the requests had the following comments: 1. I think that this area is already congested with homes. The city should buy the. property for open space or park land. If this proposal does go through, it would be better to have larger lots and .less homes. (Krinkie - 2377 Dahl Avenue) 2. The size of the proposed lots are too small and do not fit in with the surrounding developments. It should have larger lot sizes and fewer houses. (Ehle - 2410 Linwood Court) 3. I hope the large established trees in this area will be saved and protected. We are saddened that this secluded refuge for wildlife is to be sacrificed. Why was this land overlooked in your open space instead of the site at English Street that is bounded by large commercial buildings. (McCarty - 2409 Linwood Court) 4. There are too many. small lots, not compatible with the existing expensive homes with large :natural areas preserved. Maplewood should buy the site with money from that $5 million - some portion of this area for park (as we have none), at least a sitting area and walking trails, preserving all oaks so as not to damage their roots and spread oak wilt to our trees. Deer are now plentiful and enjoy seeing them on my one -half acre lot. All lots should be larger like the typical Lots to the west and north developments. Quality, not quantity. Each builder should provide for more open useable space, kids are all playing in the street, as there are no walks, trails or play areas. l am disappointed that our area (Linwood Court) was not scaled the same as the- new proposal. Our area has covenant that requires $170,000+ homes. (Kraus - 2400 Linwood Court) DO- REFERENCE HISTORY Sterling Street/Schaller Drive Project Originally, the Sterling Street/Schaller Drive project was t0 build Sterling Street from Hillwood Drive t0 Valley View Avenue, and Schaller Drive from Sterling Street to Lakewood Drive. The city ordered this project in. 1987. The school district delayed this project because they could not decide whether to buy land from the former property owner (James Kayser) for a new school. The street alignment depended on the school location. Eventually, the school district decided not to build a school. The project ended because of the delay. In September of 1991, the council reordered this project. The city engineer then started negotiations with the Jirovecs (2480 Linwood Avenue) and the Kaysers (2516 Linwood Avenue).. The negotiations were to get right -of -way and easements for the project. The city engineer and these two property owners were unable to agree about easements for Sterling Street, south of Linwood Avenue. So, the city. decided to build only the project north of Linwood Avenue. The contractor completed this project in 1993. In September of 1993, the city engineer received a petition from the Jirovecs and the Kaysers. This petition asked the city to build Sterling Street and Schaller Avenue between Linwood and Highwood Avenues. Can October 11, 1993, the city council ordered the city engineer to prepare a feasibility study for these streets. The feasibility study was subject to the property owners giving the city engineer easements for the street rights -of -way. The city engineer has received these easements. On September 26, 1994, the council decided to rebid the proposed Sterling /Schaller project. This delayed the construction of these streets until 1995. SITE DESCRIPTION Gross Area: 11.7 acres 'Proposed Density: 2.3 homes per acre Existing land use: Undeveloped except for Sterling Street construction SURROUNDING LAND USES North: Houses and vacant lots along Linwood Avenue East: A single dwelling and city open space South: Amber Hills preliminary plat West: Budd Kolby Fourth preliminary plat and houses on Linwood Court PLANNING The existing R -1 (single dwellings) land use designation is for low density residential land uses like .single dwellings. 7 TREES The developers tree plan shows 270 large trees of a variety of species on the site. They are proposing to keep 140 of the large trees and remove 130 large trees. The city's tree ordinance defines large trees as those over eight inches in diameter. Large trees do not include box elder, cottonwoods or ..poplar trees. SOILS The Ramsey Soil and water Conservation District informed us that the soils on this site are suitable for development if the developer controls the erosion. The District recommends that the developer get specific soils data before developing the site. CRITERIA FOR ZONING MAP CHANGE Findings for Rezoning Section 36-485 of the zoning code requires that the city council make the following findings to rezone property: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public Services and facilities, such as public water, sewers, police and .fire protection and schools. . p: sec13- 28 /amberhln. mem Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Proposed Amber Hills fifth Addition Preliminary Plat 4. Proposed Grading and Erosion Control Plan 5. Tree Location Map fi. Overall Amber Hills Plan 7. Zoning Map Change Resolution 8. Project Plans (separate attachment) E Attachment 1 LOWER r r f LOCATION MAP 9 t o o . . ; • •� 1 •� t ., 0 . co Q • `' 25 3 • o • • 25 L • .. �w • t :L•. L ' 494 i • 2 Lf N '1 16 � �. 1. HUrMNGTOH CT. . • 2. OACRIDGE LIB • •t ; l • 17 • • 1. CURRIE CT. . i 2. VALLEY VIEWCT. I LAKEWOOD CT. .: • 1 Z ' 74 ' • • M s 7• • , ., . LOWER r r f LOCATION MAP 9 t o o . . ; • •� 1 •� t ., 0 . co Q • `' 25 3 • o • • 25 L • .. �w • t :L•. 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L• V �. 9 PROPERTY LINE / ZONING MAP 4 10 N Attachment 3 BUNTIkGTONIH SOUTH L �-- L INWOOD AVENUE 35r �l '- EXCEPTION l i o EXCEPTION i c• � v f bG t 02 + tr_ f 18 \ 1 00, r 22300sr 1 ' = 17 6 ! h z 4 II :t � SG. "•i i r 1 _ 16 6LOCK 3 5 I I l - +-- ss A. OUTLO 15 _ 4 I I J - V i Z W • .` _ `� I W r . 7 -- 9 �\ y HI L • � / .ti / �C ' r'— I lGS:r! III) ,J Z ,� � , � 11 • � _ � i 1 I \ o _ 1 2 III 10400s f ,1 / F - i u' �- � II 6 r \ 7 .l 3 I 141 — *'c r j �• �� 9 1 060c, r r 3000, r c ' o 105 11 000 � OUTL O T A r DRIVE 1 3 r7.0osr L1,33001f 1 � 9� � f 11 GFAor:C VA-E IN FEET LEGAL DESCRIPTION OF PROPERTY 1:. p bC : -: THAT PART OF THE E1 /4 OF THE N1 /2 OF THE NVI /4 OF SEC 13.7 ?8.R 22..RAMSEY COUNTY. MINNESOTA LYING NOFTHEPLY OF AMBER HILLS IST AND 3RD ADDITIONS 70GEIHEF V17H: BUILDI►:- SE'¢ = :•S AS S":•N FRONT lA =: r ' IF:% i OUILOT J AMBER HILLS IST ADDITION AND O:1TLO1 G PULP COLEY ADDITION �•- - -= F! t� -X I SIDE YAS: is FT EOPNEF Sii•i S: F 0 1 ?; FT :MAX I DRAINASE AND UTILITY EASEMENTS 10 FEET PEA: 1F =: • =: FT joy FT 1FF�`! I% VIL•TH AND ADLACENI 10 ALL FRONT AND REAF LDI LINES AND S FEET IN VIDIH AND VETLA.N' F.zrrp. ?C• FT 110 BE F'_-: :='-: - AS DFAiNV-E E =%'.' A3JACENT 10 ALL INIEFIOR LOT LINES ARE TO BE DEDICATED ON THE FINAL PLAT -- • > o f3. d PRELIMINARY PLAT `" °•= ; � . ' L L.S AMBER HILLS M EADO W OOD INC. N `�, ' •• 5TH ADDIT10 , Eng ineering,_ Planning, Developme 11 Attachment 4 Attachment 5 HUNT f NGTO HI LLS SOUTH TH 1 fD \ 4DD 1 \T 1 Ok L / NWOOD " -- AVENUE ' v - 1I O Q) ►— { EXCEPT ON o // U ° _ i._ _ i_ _..� �, EXCEPTION Q • 0 Cr 8- Ab- ao R E F— \ \ • \ 12' \ �X \ 6 PEAR m O �1 ! \ \ ` 8' R III \ � '\ — I it o � lo- �0' 0 I 1 Q, 24'w0 III 1 8'vr 8 `�' C ; 0 � 1 0 V CIS I B 8. 6 '6 2 •EL -2 II '0 O .R 30• II I .161 / B 0 K . 3 . tN'• 36 w I I — 0 OUTLOT t 4' R 18 o I • 5 `i 181 0 1 / ! X'�j I 4 DOI 12'M 1 z w . -- J 80 4 B0• < \ / \\� ��'� ^�� 18- ,.{ Bo�'1 +'w' ' 18 B;A, 22• �� I : 0 J / > J ' 8 � ..... 22 W6 Si • �. "�, 1 18� f a • °. 1 p ' 8J a 120' �0 i 4 w0 12 0 J pD 1 N t' 2.'�G ��� C ; NO '20•M10 10' 0 E4R w I 13 16 Q'I / . D 0. 0 .� T J 3.12 , 2 ' S ` 1 �` 22 ;BO �. -28 18 I'0 _ 8 �, R �•.� ' 0w�2 . ♦ I 2 • ..60 y g O c 'BO i � � ] L•p�y.. 2 $p 1 `f n lf.�j 2 i 1 2'84 - i •�0 i ' �\ v2 t? I •a 4 wl 2•B `'o' ��`.� 1 G� 2' [ ., 8 �2 a0� 8'CT ��� ['� O 12'BO r I B 2 �0 ��' '•� N � �` � B 24 0 0 0 O 2 w �; , �'RO �`• B 2 _ 1 BUBO 16' 0 • gp B. ; t g{J �9.• 80 20' B f 4 BO BO 24' 4. +16 AK 16'80' 22'6C; 1 A •`' S ` ' ti 2 OA 4 1 ' \ 2� s• [OCAK I � / 2 - 6^ ' :2 1 � . �r p } i P NE I 200 f 24 •B 2 � H 1 20•p 4 . 0 1'x 4• , RO U -6 " 24'Q I y .0 - 0 6'n O 2 3 ti L _ -16 4 0.0 20.0 I I 3 '� 4 80 I P 2'0 , 0 0'0 24'80 I 6.0 p• "• 4 , -i 2• g•p 1 v'1 v D�L 0 2.12 - RD 2 b 20..pi 16 16 6 � 0 Q0' 0 CS0 0 . �•2 ,14 N P • 12' P Q4' 0 16•R „U •P 2'0 f 18'R �OPp '0 I 20' RO , 24 0 -1 12 ;4•p ,,• i 1�2•R03 p - BUILDING SETBACK LINE 1 2 P 30' FRONT A REAR A SIDE STREET 10* SIDE YARD UNLESS OTHERWISE NOTED NOTE: REAR SETBACK LINES ON BLOCK I ARE 100 FEET l� FROM EXISTING 12' PIPELINE • WOODED EDGES OD - SIGNIFICANT TREE 1 SIZE A SPECIES I - P - PI TREE -_ - — REMOVE-- T -RE-E - TOTAL -3V 0 50 100 150 200 250 0 - OAK TREE RC - RED OAK SAVE TREE - TOTAL 1.40 WO - WHITE OAK WITH FENCE SCALE I FEET 00 - OUR OAK ASH - GREEN ASH SCALE: I INCH 50 FEET VIND : COTTONWOOD TREE PRESERVATION PLAN > .0 a CL a SI GNIFI CAN T TREE ' M'3: c• � 0 c LOCATIONS ON: a' AMBER HI LLS T M fn 00 N ;� , p MEAD I� , I\ C • •• 5 T H ADD 1 T 10� :4 En ineerin Planning, Development 13 Attachment 6 L I N OOD AVENUE 5TH ADDITION -- r 6 0 100 200 300 1430 SCALE IN FEE? A sR. K 4TH ADDITION 2ND A DDITION 14 r � ' ' S Lil 2 •. � s ,�E r 1ST ADDITION H t GFAMD AVENUE 3RD ADDITION �. �. ' i 12 AM ER I� ... •+ N �. N � N O � . O� e fie• � � • � H I L L S I MEADOWO ®D, INC .. .�..� Engineering, Planning, Development 14 3RD ADDITION Attachment 7 RESOLUTION: ZONING MAP CHANGE WHEREAS, Bill Dolan applied for a change in the zoning map from F (farm residential) to R -1 :(single dwellings). WHEREAS, this change applies to the property south of Linwood Avenue east of Linwood Court. The legal description is: THEN 95 ACRES OF E 20 ACRES OF NE 1/4 OF NW 1/4 EX N 183 FT OF SD E 20 ACRES & ALSO EX PART OF N 268 FT OF SD NE 1/4 OF NW 1/4 LYING ELY OF A L 30 FT WLY OF & PARALLEL WITH A CL DESC AS BEG AT A PT ON NL OF SD NE 1/4 OF NW 1/4 & 380.38 FT W FROM NE COR OF SD NE 1/4 OF NW 1/4 TH S O DEG 01 MIN 08 SEC E FOR 83.02 FT TH SELY ON A 300 FT RAD CURVE FOR 210.40 FT TH S 40 DEG 12 MIN 08 SEC E FOR 76.49 FT TH SLY ON A 300 FT RAD CURVE FOR 212.89 FT TH S O DEG 2.7 MIN 26 SEC W FOR 454.72 FT TO A PT ON SL OF SD N 15 ACRES OF E 20 ACRES & 185.01 FT WLY FROM SE COR THEREOF &THERE TERM (SUBJ TO ESMTS) IN SEC 13 TN 28 RN 22. (PIN 13- 28 -22 -21 -0022) WHEREAS, the history of this change is as follows: 1. On August 21,* 1995 the planning commission recommended that the city Council approve the change. 2. On September 11, 1995_, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where .applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The applicant is proposing to develop the site with single family homes. The Maplewood City Council adopted this resolution on September _, 1995. 15 &..Z MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Holiday Store LOCATION: SE Comer McKnight and Lower Afton Roads DATE: September 5, 1995 INTRODUCTION Project. Description CW". Aoti oar by Council 1iidors e d._,�,.,,, Modified a� M ark Nelson of Holiday Companies, is proposing to build a 4,000 - square -foot, one -story Holiday store with fuel sales and a car wash. Refer to the maps on pages 12 and 17. There would be two pump islands with one dispenser on each island. Two vehicles could fuel up at each island at a time. Refer to the project description on page 18. Request Mr. Nelson is requesting the following: 1. A comprehensive plan change from CO (commercial office) to BC (business commercial). 2. A rezoning from CO to BC. Refer to the statement on page 19. 3. A code change to allow two pump islands instead of only one. Refer to page 21. 4. A conditional use permit (CUP) for a motor fuel station in a BC district. Refer to page 20. Reasons for the Requests 1 9 g Plan change and rezoning: The code does not allow a fuel station on CO -zoned land. The applicant needs BC zoning. 2. Code change: The code does not allow more than one pump island. The applicant is proposing two. 3. CUP: The code allows fuel stations on land zoned BC only by conditional use permit. BACKGROUND Holiday Store September 19, 1994: The planning commission tabled this review until the developer presents a pr operty Y, value stud submits a community design review board application and provides information on the drive - through car wash noise. March 14, 1995: The community design review board approved the site, landscaping and architectural plans. Adjacent Site — Proposed Parkview Townhouses July 10, 1995: The city council denied a proposal for 116 townhouses on a 20 -acre site to the southeast. Refer to page 15. This property is presently adjoined with the Holiday store site as one tract of land. Refer to the Past Actions on page 9 for additional background information. DISCUSSION Rezoning and Comprehensive Plan Change The current Land use plan designation and zoning is CO (commercial office). The CO zone allows offices and related commercial uses. The proposed zoning. is BC (business commercial). The. BC zone includes a wide variety of commercial uses, ranging from offices to fast -food restaurants and gas stations. As an alternative, the BC-M (business commercial modified) zone would allow minor fuel stations, but does not allow car washes. Since the BC zone allows such a variety of uses, the city should put a time limit on any zoning or land use change. If the Holiday Station is not built, the city could rezone the property back to CO. There are no specific findings for changing the land use plan. There are, however, certain general development policies for commercial properties. Refer to page 28. This proposal meets these criteria. The four requirements for rezoning are on page 10. This proposal meets all but part of the fourth requirement. This requirement states that "the proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools." This proposal would create more police calls than an office use. See the crime section below. Code Change The code defines minor fuel station as "a retail business engaged in the sale of motor vehicle fuels which provides no more - than one island with a maximum of two dispensers." The applicant is proposing two small islands with each having one fuel dispenser. The intent of the ordinance is to Limit the number of vehicles that can fuel up at one time to four. Having two islands, each with one dispenser, would meet the intent of the ordinance. Dispensers that can serve more than two cars at one time are possible, but not probable. According to the Minnesota Service Station Association, such dispensers make up only 2% of the market. The ordinance should require that the dispensers be designed to fuel only two cars at one time (one car on each side). Eliminating the one island requirement would not change the ordinance's intent, but would allow more flexibility in site design. The ordinance also changes the definition of major fuel station, since it is defined as a station having two or more islands. Conditional Use Permit and Site Design The proposed gas station would meet the requirements for a CUP. This use would generate more traffic than an office, but, according to Bob Hamilton, a traffic engineer with the City of St. Paul and Dan Solar, the Ramsey County Traffic Engineer, the station would not cause any major problems or safety issues. 2 There is one change required in the site plan. The city code prohibits parking spaces within the line of vision between self - service fuel dispensers and the attendant's window. The CUP approval should state this as a requirement. Open Space One neighbor suggested that the city use this site as an extension of Battle Creek Regional Park. Larry Holmberg, a supervisor with the Ramsey County Park Department, told me that the county has no plans to buy this property. The entire 25 acres owned by Mr. Johnson was on the city's open space acquisition list. Mr. Johnson had previously told the city that he did not want to sell his land to Maplewood for open space. He wanted to sell it for development. Traffic Some neighbors stated concerns about too much traffic at McKnight Road and Lower Afton Road. McKnight Road is four lanes and Lower Afton Road is two lanes with a paved shoulder. There is a four -way stop at the intersection. The city has designated both these roads as major arterials. Major arterials are designed for carrying high volumes of traffic to and from residential neighborhoods. Bob Hamilton, of the City of St. Paul, said that the proposed Holiday station would increase traffic, but would not cause any major problems or safety issues. He thought that the use was appropriate for the corner of McKnight Road and Lower Afton Road. He said that McKnight Road was well equipped to handle the traffic. He suggested that the city require a traffic study to determine levels of service and the need for signals. Mr. Hamilton thought that the setback of the drives from the corner was acceptable. Dan Solar, the Ramsey County Traffic Engineer, told me that the intersection does not have any significant traffic problems. Both McKnight Road and Lower Afton Road have adequate capacity to handle the traffic from the Holiday station. The four -way stop sign is functioning well. As the south end of Maplewood continues to develop, it is likely that the county will signalize this intersection. Mr. Solar thought this might happen in about five years. He stated that the driveway locations were acceptable for the Holiday station. He did not feel that a traffic study was needed. One of the neighbors stated that MTC busses had to be rerouted because of the traffic. The MTC said they have done some route changes in that area, but the changes had nothing to do with the traffic. Other Stations One of the neighbors wrote that "Within a two mile radius of our house, we have gas station /convenience stores. We do not need another gas station." One of the people objecting to the Holiday Station is an owner the Shamrock Plaza. There is a SuperAmerica Station there. The station has two dispensers on one island and a 24 -hour convenience store. The city attorney advised me that the city cannot deny a change to the comprehensive plan or zoning map because of the number of similar uses in the area. The courts have stated that cities cannot make market judgments. Cities must base their decisions on land use criteria. The market will determine how many and which gas stations the neighborhood will support. Crime One of. the residents complained that the Holiday Station would create high volumes of transient traffic and provide a hangout for youth gangs much like the SuperAmerica station across the street at Shamrock Plaza. According to the St. Paul Police Department, in the last 12 months, there were 38 police calls to Shamrock Plaza. Our research a year, ago showed that there were 158 calls to the SuperAmerica Station between January, 1992 and. September, 1994. Most of the calls were some type of disorderly conduct, theft or traffic violations. The Holiday station may have fewer calls because of the hours of operation. The SuperAmerica station is open 24 hours. The city code would limit the Holiday station hours of operation to 6 a.m. to 11 p.m. Ken Collins, the Maplewood Director of Public Safety, told me that there should not be a problem of gangs hanging out. Most convenience store operators call the police if this happens. He said that convenience stores are usually monitored by the police to avoid such problems. Mr. Collins stated that a convenience store would probably generate more police calls than an office, but the police calls would not affect the neighborhood. Most such calls are for theft, traffic violations or people driving off without paying for gas. Such calls do not generally affect surrounding homes. Drainage The District 1 Council in St. Paul and an owner of the Shamrock Plaza were concerned about drainage. I talked to Roger Puchreiter at the St. Paul engineering department. He was not aware of any flooding or drainage problems. There is a storm sewer along the east side of McKnight Road. The city does not allow surface drainage to the street. The developer will have to drain the surface water into catch basins and pipe the water to the storm sewer. This should improve the existing drainage. The water from the Holiday station site now drains onto McKnight Road. Property Value Impact and Car Wash Noise Potential Last September, the planning commission noted these two issues as specific concerns that they required the applicant to address. The applicant submitted the studies addressing these concerns. Property Values I have enclosed the findings from the applicant's property value impact analysis on pages 22 -24. This study was prepared by Ruppert & Ruppert Associates, Inc., real estate appraisers. In summary, the study finds that there would not be any negative impact on the value of the five homes to the south. Staff agrees with these findings listed on page 24. In response to our survey of the neighbors, the property owner at 338 McKnight Road felt that the Holiday station would decrease his property values. Richard Simmer, a commercial appraiser for Ramsey County, said that a convenience center with gas would generally have a negative effect on surrounding residential property values. In this case, however, the negative effect is mitigated by the existing LBC (limited business commercial) zoning to the north, the Shamrock Plaza across McKnight Road and by McKnight Road itself. The nearest house would also be separated from the proposed Holiday station by about 250 feet of wooded land. (The nearest neighbor, at 228 McKnight Road, did not express any concern about the potential for a negative impact on property values.) 4 Car Wash Noise have enclosed the applicant's car wash noise analysis on pages 25-27. This report concludes in -saying that the car wash must be equipped with a noise reduction. package to stay below the maximum noise limits set by the PCA (Minnesota Pollution Control Agency). It has been staffs observation that the noise is also reduced when the car wash doors are closed while the car wash is in operation. The applicant should be required to have the car wash doors set up to always be closed when the car wash is running. Options 1. Change the land use plan and zoning map to BGM (business commercial modified). This would allow the gas station, but not the car wash. 2. Approve the developer's requests. 3. Deny the developer's requests. Conclusion The decision in this case is whether a convenience store with gas sales and a car wash is better for the city and the neighborhood than offices. The advantage of the proposed use is improved service for area residents. The disadvantage over offices is more traffic and more police calls, but, as stated earlier, these possibilities are not significant. I do not see strong reasons for denying or approving these requests. RECOMMENDATIONS A. Adopt the resolution on page 33. This resolution changes the land- use plan designation for the southeast comer of McKnight Road and Lower Afton Road from CO (commercial office) to BC (business commercial). This change is based on the following reasons: 1. It would be consistent with the comprehensive plan's policies for commercial development. 2. There would still be a transition zone between this site and the five single dwellings to the south. 3. There is similar commercial development across McKnight Road in St. Paul as the proposed Holiday store. If the applicant has not obtained a building permit in one year, the city council shall reconsider this land use plan change. B. Adopt the resolution on page 34. This resolution changes the zoning on the southeast comer of McKnight Road and Lower Afton Road from CO (commercial office) to BC (business commercial). This change is based on the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 5 2. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. If the applicant has not obtained a building permit in one year, the city council shall reconsider this rezoning. C. Approve the code change on page 37. This change allows two fuel- dispenser islands for minor fuel stations rather than one island. The number of fuel dispensers allowed shall not change. D. Adopt the resolution on pages 35 and 36. This resolution approves a conditional use permit for a fuel station and car wash on property zoned BC (business commercial) at the southeast comer of McKnight Road and Lower Afton Road. This permit is based on the findings required by the code and subject to the following conditions: 1. All construction shall follow the site plan that the city stamped July 31, 1995. The director of community development may approve minor changes. 2. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall- become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The developer shall revise the site plan, for staff approval, omitting any parking spaces between the attendant's window and the fuel islands (code requirement). The applicant must still provide enough parking spaces to meet the code. 5. The developer shall submit a lighting plan for staff approval. Any lighting poles south of the buildings and fuel island canopy shall aim away from the residential district to the south. All lighting shall be screened or directed to comply with city code. Site lights shall not exceed one -foot candle of intensity at a residential lot line (code requirement). 6. The developer shall equip the car wash with a noise reduction package and keep the southerly door closed while car washing and drying equipment is operating. 7. The fuel station and car wash shall not be open between 11 p.m. and 6 a.m. (code requirement). 8. External speakers shall not exceed the noise standards set by the Minnesota Pollution Control Agency (code requirement). 0 9. The developer shall not grade the land or remove any trees between the Holiday store site and the house at 328 McKnight Road. 10. The building official shall not issue a building permit for the proposed development until the city approves a lot division creating this site and the applicant records the new deed with. Ramsey County. A condition of this lot split would be the dedication of three feet of additional right -of -way for the future widening of McKnight Road. 7 CITIZENS' COMMENTS We surveyed owners of the eight properties within 350 feet of this property. Of the six replies, three were in favor and three objected. In Favor 1. I believe it will lead to further development in the surrounding area. (Midway. National Bank, Apple Valley) 2. It is a much needed development for south Maplewood. Refer to the further comments in the letter on page 29. (Johnson, 2299 Londin Lane) 3. Refer to the letter on page 30. (Gerth, 2276 Londin Lane) Opposed 1. a. McKnight and Lower Afton cannot handle anymore traffic than it already has. It is dangerous enough trying to pull out of our driveway now. MTC busses had to be rerouted because of the traffic. b. Within a two mile radius of our house, we have gas station /convenience stores. We do not need another gas station. c. Development of this property will only decrease the value of my property. Sell this property to the state as an addition to Battle Creek Park. (Palmer, 338 McKnight Road) 2. It increases high volumes of transient traffic and .provides a hangout for youth gangs much like the SA station does today. Use this land for a store front plaza or office building for less overall traffic (transient) than agas /quick -stop grocery store does. (Ketch, 328 McKnight Road) 3. Refer to the letter on page 31. (Anderson, Shamrock Plaza, St. Paul) 4. Refer to the letter on page 32. (District 1 Community Council) 8 REFERENCE INFORMATION SITE DESCRIPTION Site size: 1.25 acres Existing land use: undeveloped SURROUNDING LAND USES North: Lower Afton Road and Battle Creek Park South: undeveloped commercial property and single dwellings West: McKnight Road and Shamrock Shopping Center in St. Paul East: undeveloped commercial property PAST ACTION July 1, 1971: The city council granted a special use permit over the entire 25 -acre site. The permit was for a 375 -unit apartment and town house development. This permit expired in 1972. October 10, 1983: The city council rezoned the southeast corner of Lower Afton and McKnight Roads from F (farm residence) to CO. The council also changed the land use plan from RM (medium density residential) to LSC (limited service commercial) for this property. (LSC was the previous classification before the city began using zoning classifications last year.) The LSC designation allowed minor motor fuel stations. December 12, 1988: The council approved a CUP for a planned unit development (PUD). The PUD was for the entire 25 acres owned by Mr. Johnson. The PUD included 152 rental town houses, a 33,+600- square -foot retail center and two gas dispensers on one island. June 1, 1991: The CUP expired. January 11, 1993: The city adopted a new comprehensive plan. As part of this plan, the city changed the land use categories to match the zoning districts. As a result, the land use for the Holiday site changed from LSC to CO. PLANNING Land Use Plan designation: CO Zoning: CO Ordinance Requirements Section 36- 151(b)(9) requires a CUP for a minor motor fuel station and car wash in a BC district. 01 Zone Change - Findings for Approval Section 36 -485 of the zoning code requires that the city council make the following findings to rezone property: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. CUP - Findings for Approval Section 36-442(x) requires that the city council approve CUPs based on specific standards for approval. Refer to the resolution on pages 35 and 36. OTHER AGENCIES Ramsey Soil and Water Conversation District Robert Johnson, of the soil conservation district, stated that care must be taken to protect nearby wetland and the abutting streets from sedimentation. Care must also be taken to protect groundwater from underground tanks. 10 p:sec12- 281holiday6. mem Attachments: 1. Location Map 2. Land Use Plan Map Existing 3. Land Use Plan Map - Proposed 4. Property Line /Zoning Map - Existing 5. Property Line /Zoning Map - Proposed 6. Site Plan 7. Description of the Proposed Development 8. Rezoning Statement 9. Conditional Use Permit Statement 10. Code Amendment Letter 11. Property Impact Analysis 12. Car Wash Noise Analysis 13. Commercial and Industrial Development Policies 14. Letter from Arnold Johnson dated July 18, 1994 15. Letter from Gerhard Gerth dated July 19, 1994 16. Letter from Allen J. Anderson dated July 18 1994 17. Letter from District 1 Community Council 18. Resolution - Comprehensive Plan Change 19. Resolution - Zoning Map Change 20. Resolution - Conditional Use Permit 21. Code Change 22. Plans date - stamped July 31, 1995 (separate attachment) 11 Attachment 1 cc r% u DR• W m • V CREEK • W AYR E LA. �. - � .t IAM ES D R. R. ORO— :1 (i p v Z E 0 R rA W W . UPPER AFTON RD. �` v, • t V t . •. 3 0 • CRE CK . ► ,off •• • � • • IL •' LOWER ' H ti• • Z ••� '••: .+ N RoWSEY COUNTY : ' • CORRECDONAL t • LONO►N 1J1. El FACru7Y HI G �'4p • o • O• DAY 39 POND W •, wy .• Z • P0� µ . •• . !. W ` 0 .. ce 0: Vv Lk •. • °, K' "c AVE OODAY >1 E 4 �t�Ut�NO RD. C1R. Q s t 0 00 Cc 40 WMr+� � 1i. •a •% o o � o P" CRES'TVI EW • • • • WOOD C OD DR. F'ORES'T •' Cr DR. • •� • • j CT. o OAKRME DR. W Z •. 1 6 It. HILIWQOD i •: 1. HU PM N GTO N CT. DR . f • • • @ 2. OAKRIDGE LA. p v 1 • • •9 • . • c SpR� OR, O 6 4 WE. o U , so .�' O* � CT • ' to LOCATION MAP 12 4 N EXISTING NEIGHBORHOOD LAND USE PLAN PLANNING AREA NUMBER 11 4 N 13 � . s • w + ; - LA IRV \� ®� all ��� ♦ r' I ' I� ar w ■ �,,, a ..e.`�..�, a �'�■ . minor collector ■� �s J IN do ®..INGO . min � R collecto go ••• ■ t EXISTING NEIGHBORHOOD LAND USE PLAN PLANNING AREA NUMBER 11 4 N 13 PROPOSED NEIGHBORHOOD LAND USE PLAN PLANNING AREA NUMBER 11 4 N 14 1 • • • e r� minor ■/� ■wit �,� ' ®s; 41W _ ■ice �t � '� :J m ■ won= ■ 1p in r . J R-1 *mmc ••• t OWN PROPOSED NEIGHBORHOOD LAND USE PLAN PLANNING AREA NUMBER 11 4 N 14 Attachment 4 OWN am 32- - 9 70TH L. 18 - B2 G \ PRU POSED HOLIDAYRESERVED 7, -9 1 ax— FOR P ARK STORE SITE o3a ��� �� N�x 2� , 0 LOWER AFTON ROAD M r7 to. M , 4.6 W OODEV dpol C 0 0,2' ��Z 7 ■ . .. ........ 40 LOW LAND 87 ti 11.53 ■ a E Fri 5M T PARKVIEW TOWNHOUSE SITE 328% , Ile mom .338 Grec COVE 3 E t 4l* 346 C ; Q , C;O NNE :g C*4 C4 C*4 10 iv (o. 4 5 MEOW vo ?. w 4C- 4C' 441 &1 4 Iry 2.2% ken CM Co 20 STOIL01 366 1 C - C 0 V' I a t-. 62) ts MT. C*4 vP N 2 t 04 3 C4 0 Of 04 �c?`s 1 OUTLOT A L SMT Y. NNOW AV All A PL I H 7 Ito MCkNt&.HT TOWNWOMES ' ' m Z 370-384 CO -0p T— 11 C) • R VT I L ITl �E Lit \ `''� 3 V 4 (+) v 0 \1 ( 13 TWAU ?-C'?-) � a�9t'�"3� a� w - � s � w �„c PROPERTY LINE ZONING MAP EXISTING ZONING SITE OF PROPOSED HOLIDA STA 15 Attachment 5 70T-A L PRO POS RESERVED FoR HOLIDAY STORE i — act — � 00 LOWER AFTON ROAD ............. ----------- 7.40- A 5 ............. 6:44 WOODEV .......... .................... oo, ���� XX ........... . ... .. C 0 ............ .......... . ............ t \ LOW LAND : X. %IN EA. 5 7 ■ MOMME MMMMMMMMMMMMMMM Cul IT Ltd ") P ARKVIEW T OWNHOU SE SITE O� � �2` A FAR �iz4.1' * PB sr 10 4# (o. 4 5 ox � as PROPOSED ZONING SITE OF PROPOSED HOLIDA Y STATIONSTORE I OUTL( ot 49 16 2 4 ., L:.. �� �.::,t" t :..1 C'Y 4 C' 105 5 75' 750 17'1.368 b. -4 fro M= --347 Z26 ;at', STVILIn 0 BID 0 .23 5 5 -7 aft. (2) 1 sewwR LA I CS M T. 1 CC ?9) ?9 rVA 0 2 3 )A (7) S Z1 460A6 1 177. Up 5 1 173-416, I 4 1 14 74 1 t iS 2 . .z o -� Z TowtvNOMES tt Y. mc 4. Co Co —op — � C �; 2, , op 1b;l ___________ PROPOSED ZONING SITE OF PROPOSED HOLIDA Y STATIONSTORE I OUTL( ot 49 16 Attachment 6 ti � ...n..n.+� . ...•�•..�.••••n ..�......,.. mow. ' LONER ' AFTON ROAD _ _....— •p' . ..... s ki ♦ #A '°� ~ .► ' !e; � "" ow PWA~rf . Iw.l b a iwn tww nv'J tl 0 POP ' h 1 1 �.. • qlM4lwMws•�r mow. +w• .rovow.& { • 1 • . a1'•Ir ' � NIMt illlr ALL 'f �.. �'• . PRO 1 �1 wry ;.r.. • One 1 SITE PLAN 17 4 N Attachment 7 Description of Proposed Development Southeast Corner -of McKnight Road and Lower Afton Road Maplewood, Minnesota Holiday Stationstores, Inc. proposes development of a neighborhood convenience store /superette with gasoline for the southeast corner of McKnight Road and Lower Afton Road to serve the convenience needs of the surrounding area. The property is a large 1.25 acre parcel fronted by McKnight Road to the west, Lower Afton Road to the north and vacant, commercial Office District property to the south and east. Holiday's proposal includes an approximately 4,000 square foot convenience store building, two gasoline islands with an overhead canopy., and a car wash. The project is oriented to McKnight Road to serve the convenience needs of the surrounding area. The proposal includes a small area of, the, convenience store building dedicated to a brand name food sales area, to be operated by Holiday. This large site is able to efficiently accommodate a drive -thru window for this brand name food area in conjunction with the traffic flow patterns for the proposed car wash. Drive -thru and car wash customers will exit toward Lower Afton Road. At a minimum, the proposal meets the zoning and development criteria. In all areas possible, this proposal provides greater setbacks, parking spaces, and landscaped areas than required in the zoning ordinance. Holiday is excited at the prospect of becoming part of the Maplewood community. We look forward to providing a quality facility and operation to meet the convenience needs of the area. MWN /jw5 18 Attachment 8 Rezoning Statement Southeast Corner of McKnight Road and Lower Afton Road Maplewood, Minnesota Holiday Stationstores, Inc. proposes development of a neighborhood convenience store /superette with gasoline for the southeast corner of McKnight Road and Lower Afton Road to serve the" convenience needs of the surrounding area. The property is zoned CO- Commercial Office District. A convenienbe store /superette with gasoline requires a BC- Business Commercial District zoning. Therefore, Holiday Stationstores, Inc. requests a zoning change a from CO to BC for the southeast corner of McKnight Road and Lower Afton Road. The proposed Holiday convenience store /superette with gasoline ( "Holiday store ") will hel p g serve the existing convenience needs of the area. This development will cater to existing traffic and is not intended to "draw" customers from outside the surrounding area of the site. The site layout promotes safe, efficient on- and off -site circulation and traffic Y p patterns. The proposed Holiday store will provide the most advanced safety systems p available. Lighting will promote. a safe environment, but will not adversely affect adjoining property. oinin Landscaping and green space is proposed to minimize any impacts the development may have on the immediate area and architectural features will be used to avoid a "commercial look" to the development. The density of the proposed development will be less than what could be developed under the CO- Commercial Office District. The quality of the proposed development should positively impact value in the area. Neighboring property to the west is developed commercially, property to the northwest is high density esidential, to the north is park land /open space, and property Y property to the south /southeast is vacant. Surrounding property, for the most part, is already in use and this J ro ro osed project will not detract from that use. Architecturally, the p p p proposed Holiday store will be designed to fit the character of the neighborhood. The property proposed for rezoning enjoys all public services (immediately accessible) and will not create a demand on such services beyond existing capacities. Overall, a zoning change for this property will allow the addition of a high - quality, state - of -the -art convenience facility to meet the needs of the neighborhood. MWNfjw:doc4 W Attachment 9 Conditional Use Statement Southeast Corner of McKnight Road and Lower Afton Road Maplewood, Minnesota Holiday Stationstores, Inc. proposes development of a neighborhood convenience stare /superette with gasoline for the southeast corner of McKnight Road and Lower Afton Road to serve the convenience needs of the surrounding area. The property is a large 1.25 acre parcel fronted by McKnight Road on the west, Lower Afton Road to the north and vacant, Commercial Office District property to the sough and east. The proposed Holiday convenience store /superette with gasoline ("Holiday store ") will, at a minimum, meet the zoning and development criteria for the City of Maplewood. In all areas possible, this proposal provides greater setbacks, parking spaces and landscaped areas than required in the zoning ordinance. Holiday's proposal will not substantially alter the Commercial and retail character planned for the surrounding area. The high quality of the proposed development should positively impact value in the area. The proposed use is not excessive for this site and should not promote any nuisances in the area. The Holiday store will Cater to existing traffic and is not intended to "draw" customers form outside the surrounding area of the site. The site layout promotes safe and efficient on- and off- site. Circulation and traffic patterns. The property enjoys all public services (immediately accessible.) and will not create a demand on such services beyond existing capacities. This development will use the highest quality materials and design features, and will employ the most advanced technology and safety systems available. Holiday Looks forward to becoming a part of the Maplewood community and providing a quality facility and operation to meet the Convenience needs of the area. MWN /jw6 20 Attachment 10 H o l iday Companies CE's. OFFICE: 4567 WEST BU;h STREET / MAIL ADDRESS: P.O. BOX 1224 MIN A P O 1 5544 / P H P 61? 921O5200A 6 � -88 X295 CREDIT OFFICE: 5501 VV OLD SH.AKOPEE RD. / MAIL ADDRESS: P.O. BOX 1216 111 E POLIS July 28, 1994 M Tom Ekstrand City of Maplewood JUL 1830 East County Road B Maplewood, MN 55109 Amendment for Holiday RE: Zoning Code A Y Stationstores, Inc. Southeast Corner of McKnight Road and Lower Afton Road Dear Mr. Ekstrand: durin the past several weeks, Holiday's development proposal, As we have discussed g p for the southeast corner of McKnight Road and Lower Afton Road, includes one . separate dispenser islands. This design promotes safer and gasoline _ dispenser on tw o se p p circulation than two disp ensers on one dispenser island, and still more. efficient traffic c p meets the intent of the code with a fueling capacity for only four vehicles at onetime. t the intent of the Zoning We are trying to mee g Code by limiting fueling capacity. We simply wish to design the site in a manner to most effectively serve our customers. We � ask for a Code specifically Amendment to s ecif call allow tw separate dispenser islands, as our plan depicts. We will still have only the two gasoline dispensers as required by the Zoning Code. request as art of our Please incorporate this q p application. Call me directly at 830 -8767 if you have a n y q uestions, you or if wish to schedule a meeting to further discuss our proposal. Thank you for your continued assistance. Sincerely, HOLIDAY STATIONSTORFS, INC. Mark W. Nelson, Manager Real Estate MWN:jw9 FooD � �' A LESS' HONdaY L' Moud°y' 21 Attachment 11 HOLIDAY COMTANIEs July 19 1995 s Page 5 of 7 PROPOSED STORE IMPACT The concern is that the market value of the five existing single family homes to the south will be negatively impacted b construction of the proposed Holiday Store. g Y P Y P P Y The addresses of the five homes in question and their 1,994 assessed values, building age and foundation size are as follows: ADDRESS �. �`=:M = � �' BUILD T � FOUNDATION ' ' Gµ. � • p. � ,i '' >w.a «p'+f. °'• � �w `.f� w <,1.."•� : O'';,....I•., .. �:�i • w .�n�: 'N..< < `.: .•+1 : v��.• R...�v, i ' #v' s .�S }.1 �. 1 1 � 't • i.< 1 .9^ . VALUE '.�i.. ::s.� n � •.s •Y�..^Jl.�, AGE .. � ap 'i .. ' .. a •t ' �. .�s .3 ' AZE, 328 McKnight Road $81,500 1977 982 square feet =338McKnight Road $80,000 1977 1,040 square feet 346 McKnight Road $90,000 1977 1,660 square feet 358 McKnight Road $83,100 1977 1,040 square feet 2271 Londin Lane $74,800 1955 936 square feet This information was obtained from Ramsey County. The home fronting on Londin Lane faces away from the proposed Holiday station site and would in no way be affected by the proposed store. The re maining four homes all front an McKnight Road (facing west) which is a heavily traveled roadway (8,500 cars per day) and are located near an existing neighborhood commercial strip center (Shamrock Plaza). 22 I HOLIDAY COMPANIES July 19, 1995 � Page 6 of 7 PROPOSED STORE IMPACT (CONTINUED) Implicit in the definition of market value is the assumption that the buyer is acting prudently and knowledgeably. A prudent and knowledgeable buyer of any of the five homes located south of the proposed Holiday store would inquire as to the development possibilities of the Arnold E. Johnson site. The potential buyer would become aware of the previously proposed developments an d the current proposed developments (Parkview). A potential buyer would also inquire about the zoning and potential uses of the adjacent property. In short, a prudent and knowledgeable buyer would fully expect that the Arnold E. Johnson property will be developed as a mixed-use development in the near future and would. take into consideration this fact when making an offer to purchase one of the five homes to the south. The above is true regardless of whether or not a Holiday Store is Rrol2osed or constructed on a portion of this site. The existing CO zoning allows for a wide variety of office and related commercial_ uses such as restaurants and retail sales. TN OUR OPINIONs THE PROPOSED HQLIDAY STQRE MUL HAYE NO MQRE OR SS OIE AN IM PACT ON S TO IHE SOL' HLAN AN Q FFICE DEYEL WITH RELATE Z4& WHICH IS A. PE.RMITIED USE U_N_D'rr_.nX% X ZONING. The proposed Holiday store site IS NOT VISIBLE from any of the residences to the south. The topography and vacant commercial site to the north (whichis heavily wooded) prevent any direct view of the proposed Holiday store site. From the southern property line of the proposed Holiday store site to the northern property line of the northernmost home (328 McKnight Road), is approximately 270 lineal feet. This distance combined with the upward sloping topography further mitigate any potential negative impact. Even if the vacant commercial tract in between the proposed Holiday store site and the single family homes was not heavily wooded, visibility of the proposed Holiday store site would be poor. The upward sloping topography would result in the single family homes "looking over" the Holiday store. Finally, the vacant commercial site between the proposed Holiday store site and the single family homes to the south serves as a "buffer" between the two uses. This site is zoned LBC with permitted uses including office, clinics and daycare. This is a "lighter" zoning than either CO or BC and would provide an adequate "buffer" or "step down" between the two uses. 23 n HOLIDAY COMPANIES July 19, 1995 V Page 7 of 7 PROPOSED STO F. TMPAf'T (C'nNTTNTTF.i11 It is our considered opinion that construction of the proposed Holiday store at the southeast comer of McKnight and Lower Afton Road WOULD NOT NEGATIVEL AFFECT the five single family homes to the south. The reasons for this opinion are summarized as follows: 1. The home fronting on Londin Lane faces away from the proposed Holiday station site. The four homes fronting on McKnight Road (facing west) are located on a .heavily traveled roadway near an existing neighborhood commercial strip center. Z. A potential purchaser of any of these homes would have had knowledge of the development potential of the Arnold E. Johnson property. 3. The proposed Holiday Store would have NO MORE OR LESS BRA on the homes to the south than an office development with related uses which is a permitted P � P use under the current zoning. 4. The proposed Holiday Store site is VIRTUALLY NOT VISIBLE from any of the five homes to the south given the distance, topography and wooded area. 5. The vacant parcel between the proposed Holiday store site and the five single family homes to the south SERVES AS A BUFFER between the two uses. We hope this information has been helpful. If you have any questions or comments, please do not hesitate to contact us. RUPPERT & RUPPERT ASSOCIATES, INC. R. a./ppa�`t�President ADD falser License 4000850 SJRljah 1tr2602.wpd 24 Appraiser License 4000851 PROJECT NUAMER: INTRODUCTION Attachment 12 Hmt 0. ngdon 4140 95 -1347 PAGE. 2 0 DATE: March 21 1995 *Revised: July 25, 1495 Th i s report re the results of a plan review and acoustical opinion of a proposed Holiday presents Stat ionstore and associated car wash to be located in Maplewood, Minnesota. This work was requested by p g Y Mr. Scott Al au h of Holiday Companies on February 14, 1995 with the analysis conducted on March 17 and 20, 1995. ANALYSIS SUMMARY & OPINION The following ollowin is based on a plan review of the proposed site and sound pressure data obtained on a g similar configuration measured in South Gate, California. The estimated dBA sound pressure levels at the neares t g residence straight south of the car wash entrance is 53 dB without the noise reduction and 48 dB with the package. e noise reduction acka e. Sound pressure levels at the nearest residence to the SE of the car wash entrance is 50 dB without the noise reduction and 45 dB with the noise reduction package. MPCA (Minnesota Pollution Control Agency) noise standards state the L, and L values for an NAC -1 (Noise Area Classification - Residential) cannot exceed 65 and 60 dB respectfully during the daytime hours of 7 am to 10 pm. Conversely, the L, and L so values cannot exceed 55 and 50 dB during the nighttime hours of 10 pm to 7 am. NOTE: L and L are levels exceeded 10 and 50 % of the time. SUMMATION h is operated Burin da time ho_ur_s . only and with_ the n_ oise reduction package, no If the car was D .x--- nose viola tio n is anticipated. There is the votential for a n! violation if the car wash is operate after 14 P m and without the note reduction Va e . * Note. The proposed operation r sed hours of o ration will be from 6AM -11PM. It is further proposed that the noise reduction package will be utilized. BACKGROUND INFORMATION: A plat was furnished of th e proposed Parkview Development which will be located in the SE corner of p McKnight and Lower Afton Road Maplewood, Minnesota. In addition, sound level data was furnished by Nationwide Wash Sys tems , Inc. This data consisted of a series of tables listing octave band and 1/3 octave band sound pressure levels as well as dBA and dB Linear values (these latter levels were essentially identical). See attached tables. The data listed two sets of values which applied to a Thrust Pro Dryer with and without a Noise Reduction package. A 5 dB reduction was realized with the NR Package installed. Distance measurements were obtained from the car wash entrance to the nearest residence located to the AS A)MUTUAL pRO'TECTION TO CLIENTS, THE PUBLIC AND OURSELVES, ALL HUNTINGDON ENGINEERING & ENVIRONMENTAL INC REPORTS ARE SUBMiT'I'ED AS THE CONFIDENTIAL INFORMATION OF CLIENT& AND AUTHORIZATION FOR PUBLICATION OF STATEMENTS. CONCLUSIONS OR EXTRACTIONS PROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR PRIOR WRM EN APPROVAL. t ; A member of the H I H group of companies 25 Hunt n gq on PROJECT NUMBER: 4140 95 -1347 PAGE: 3 0� DATE: Mash 2.1 1995 *Revised: July 25, 1995 south and southeast (350 and 325' respectively). Using the .sound level data provided and the Inverse Square Law suppositions, anticipated noise levels were calculated. No provisions were applied relative to the wind or atmospheric conditions. No residences were indicated to the north or west of the car wash *within 350 feet. TABLE 1 Octave Band Noise Levels (Decibels) For Car Wash Dryer (Thrust Pro) With and Without Noise Reduction Package (NRP) Hertz 31.5 63 125 250 500 1000 2000 4000 8000 16,000 dBA dBC Linear 12rX with NRP 37 53 61 72.5 73.3 72 72.5 67.6 56 42.9 80 87 79.7 er wit hout NRP 38 49.5 55 61 70 69.5 73.3 68.2 61.8 49.9 84.3 89.3 84.5 AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES. ALL HUNTINGDON ENoINMUNG & ENVIRONMENTAL INC REPORTS ARE SUBMITTED AS THE CONFIDENTIAL INFORMATION OF CLIENTS. AND AUTHORIZATION POR PUBLICATION OF STATEMENTS. CONCLUSIONS OR V fRACTIONS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR PRIOR WRITTEN APPROVAL. A member of the H1H group of companies 26 PROJECT NUMBER: Hunt gqon 4140 95 -1347 PAGE. DATE: Mash 21,1995 *Revised: July 25, 1995 TABLE 2 g:\shared\mmfi1es\rk \95 -1347 One -Third Octave Band Noise Levels (Decibels) For Car Wash Dryer . (Thrust Pro) With and Without Noise Reduction Package (NRP) ertz Paer with NRP Drver without NRP 20 23 30 25 19.5 29.5 31.5 27 28.8 40 32 33.5 50 38.2 38.5 63 44.5 47 80 52. 51.8 100 53.6 54.7 125 55 56.5 160 57.5 57.8 200 63.5 60.9 250 65 66 315 75 78 400 71 78 500 65.2 69.2 630 67.1 70.5 800 67.3 72.8 1000 68 72 1250 66.2 72.2 1600 63.6 71 2000 67.5 70.8 2500 70 70.5 3150 65.5 69.2 4000 60.5 63.7 5000 58 60.5 6300 53.3 59.1 8000 50.5 53 10 47 49.4 12 46.1 43.1 1600 36 37.2 20 32 29.2 AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURS ELVES, ALL HUNTINGDON ENGINEERING & ENVIRONMENTAL INC REPORTS ARE SUBMITTED AS THE CONFIDENTIAL INFORMATION OF CLIENTS. AND AUTHORIZATION POR PUBLICATION OF STATEMENTS. CONCLUSIONS OR EXTRACTIONS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR PRIOR WRITTEN APPROVAL. t� A member of the H Y H group of companies 27 Attachment 13 COMMERCIAL AND WDUSTRLAL DEVELOPMENT POLICIES The following are the City's commercial and. industrial development policies: • Group compatible businesses in suitable areas. 0 Provide attractive surroundings in which to shop and work. • Require adequate off - street laa facilities. • promote the joint use of parkinE areas, drives and trash containers. • Avoid disruption of adjacent residential areas. • Use planned unit developments (PUDs) wberever practical. Maintain orderly transitions between commercial and residential arias. • Require commercial and industrial developers to make all necessary improvements to enure compatibility with surrounding residential uses. • Require adequate screening or buffering of new or expanded commercial areas from any adjacent exist inE or .planned residential development. • Restrict commercial development which will result in traffic volumes which are beyond the capacity of the road systems or generate excessive nose or pollution as defined by state standards. • Plan .land uses and streets to route nonresldenttal traffic around residential neighborhoods* 2B Attachment 14 J VIM &4z 00 on oz4� .0 Zoe, WZ OAOOI mom 29 Attachment 15 fo ur as um I believe an additional s would be more appropriate. g p P The Super America store on the opposite corner has only four pumps and there are always cars waiting. • t a copy o f the opinion survey as my home is Dote, I urns not sent py of the p urposed located .on Londin Lane- -not in the i� ediat� area R P • Holiday Station St- I drive b this corner every day and I would � -re , y aT reciate this new addition to the neighborhood. 1 C o�:munity Development Department City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear :Sirs: We need more c onus nient -7 shopping in this area and Holiday, Vith its diverse merchandise will provide for this. i city of St. Paul ie beginning to The Shamrock Center, le .ated in _the i y a earance. This added competition will help the have a run do wn pp. neighborhood The town o f Ma levood::could :•.bene fit from the added tax base. p The over development of the Johnson property is well thought out and vill be an arse t to Maplewood. Sincerely, Gerhard Gerth 30 A. J. ANDERSON & CO., LTD. CERTIFIED PUBLIC ACCOUNTANTS 83 W. LITTLE CANADA ROAD, SUITE 104 ST. PAUL, MINNESOTA 55117 � Phone: (612) 490.9190 Jul. ` July 18, 1994 Mr. Kenneth Roberts, Association Planner City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Re: Proposed Holiday Gas Station, Car Wash, and Conveni Store at McKnight Road and Lower Afton Road Dear Mr. Roberts: We are strongly opposed to rezoning this area for the following reasons: 1.) We know that cutting down the hill along McKn g g Road will permit o flood to occur at Shamrock Plaza Shopping Center, We were nearly flooded out several years ago when a very heavy rain storm occurred! An elimination of the hill and a large blacktopped area will permit the water to wash down on us.. We believe this will permit very serious damage to us. 2.) A Super America gas station and convenience store already exists at our shopping center which adequately serves the convenience needs of the neighborhood. . 3. } A car wash will draw people from other neighborhoods and will create further congestion and traffic problems at the intersec :ion of McKsljght P.ocd and Lower Afton Road. Who will pay for signal lights and required widening of the roads? We recommend that the zoning remain the same and that the hill not be removed and that the property be used for residential. We have served notice to Ramsey County and City of Saint Paul regarding the potential flood problem to us that would be created by this proposed rezoning. Very truly yours, Allen J. Anderson General Partner Shamrock Plaza Partnership 31 Attachment 17 District lCommunifty Council. District 1 News Conway Recreation Center • 2090 Conway St. •Room 126 • St Paul, MN 55119 (612) 292 -7828 C _ The Maplewood Planning Commission c/o Mr. Geoff Olson Director of Community Development City of Maplewood 1830 E. County Road 8 Maplewood, MN .55109 September 6,1994 Re: Rezoning, Southeast Corner of McKnight Road and Lower Afton Road Dear Geoff: Thank you very much for taking the time to meet with the District 1 Heazing Committee. It was very helpful and informative to have you there and the committee certainly appreciated your time. As mentioned at the meeting the committee and other members of the community had some concerns about the proposed rezoning, including the following: 1. Theimpact of increased traffic and potential need for signals at the intersection. 2. The location of curb cuts and impact of traffic flow in and out of the proposed station on McKnight and Lower Afton Road. 3. Effect of Additional run off on storm sewer capacity. 4. The environmental impact of cutting down and grading the site and effect on the pond to the East. 5. The intensity of the rezoning from CO to BC, the highest intensity business zone. Is this zoning appropri ate for this location? Would the site be returned to CO if this project is not carried out? Geoff, thank you again for your time. If it would be alright I would like to attend the Planning Commission Meeting. May I have you send a copy of the agenda? (My fax number is 292- 7829.) I look forward to working with you on this and future projects. I 1 c CC: Ms. Garneth Peterson, Planner PED Ms. Toni Baker, Ramsey County Commission 32 Attachment 18 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Mark W. Nelson of Holiday Companies, applied for a change to the city's land use plan from CO (commercial office) to BC (business commercial). WHEREAS, this change applies to the 1025 acre tract at the southeast corner of McKnight Road and Lower Afton Road. WHEREAS, the history of this change is as follows: 1. The planning commission held a public hearing on , 199. city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council the plan amendment. 2. The city council discussed the plan amendment on , 199_. 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 change for the following reasons: 1. It would be consistent with the comprehensive plan's policies for commercial development. 2. There would still be a transition zone between this site and the five single dwellings to the south. 3. There is similar commercial development across McKnight Road in St. Paul as the proposed Holiday Store. Adopted on 1 1995 33 Attachment 19 REZONING RESOLUTION Whereas, Mark W. Nelson of Holiday Companies, applied for a rezoning from CO (commercial office) to BC (business commercial). Whereas, this rezoning applies to a 1.25 acre tract at the southeast corner of McKnight Road and Lower Afton Road. The legal description is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection of the West line of said Northwest Quarter of Northwest Quarter and the South line of the North 362.00 feet of said Northwest Quarter of Northwest Quarter; thence Easterly, along said south line 40.41 feet to its intersection with a line parallel with and distant 40.00 feet East of said West line and the actual point of beginning; thence continue Easterly, along said south line, 245.00 feet; thence Southerly, parallel with said West line, 100.00 feet; thence Westerly, parallel with said South line, 20.00 feet; thence Southerly, parallel with said West line, 125.00 feet; thence Westerly, parallel with said South line, 125.00 feet; thence Southerly, parallel with said West line, 2.0.00 feet; thence Westerly, parallel with said South line, 100.00 feet to said line 40.00 feet East of said West line; thence Northerly, along said parallel line to the actual point of beginning. Subject to easements, if any. Whereas, the history of this rezoning is as follows: I . The planning commission reviewed this rezoning on They recommended that the city council the rezoning. 2. The city council- held a public hearing on .The city staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning node. 2. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. Adopted on 1 1995. 34 Attachment 20 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mark W. Nelson of Holiday Companies, applied for a conditional use permit to operate a fuel station and car wash on property zoned BC (business commercial). WHEREAS, this permit applies to a 1.25 -acre site at the southeast corner of McKnight Road and Lower Afton Road. The legal description is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota., described as follows: Commencing at the intersection of the West line of said Northwest Quarter of Northwest Quarter and the South line of the North 362.00 feet of said Northwest Quarter of Northwest Quarter; thence Easterly, along said south line 40.01 feet to its intersection with a line parallel with and distant 40.00 feet East of said West line and the actual point of beginning; thence continue Easterly, along said south line, 245.00 feet; thence Southerly, parallel with said West line, 100.00 feet; thence Westerly, parallel with said South line, 20.00 feet; thence Southerly, parallel with .said West line, 125.00 feet; thence Westerly, parallel with said South line, 1 feet; thence Southerly, parallel with said West line, 20.00 feet; thence Westerly, parallel with said South line, 100.00 feet to said line 40.00 feet East of said West line; thence Northerly, along said parallel line to the actual point of beginning. Subject to easements, if any. WHEREAS, the history of this conditional use permit is as follows: 1. On , 1995, the planning commission recommended that the city council this permit. _ 2. The city council held a public hearing on , 1995. The city staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 35 6. The. use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create .excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the city stamped July 31, 1995. The director of community development may approve minor changes. 2. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The developer shall revise the site plan, for staff approval, omitting any parking spaces between the attendant's window and the fuel islands (code requirement). The applicant must still provide enough parking spaces to meet the code. 5. The developer shall submit a lighting plan for staff approval Any lighting poles south of the buildings and fuel island canopy shall aim away from the residential district to the south. All lighting shall be screened or directed to comply with city code. Site lights shall not exceed one -foot candle of intensity at a residential lot line (code requirement). 6. The developer shall . equip the car wash with a noise reduction package and keep the southerly door closed while car washing and drying equipment is operating. 7. The fuel station and car wash shall not be open between 11 p.m. and 6 a.m. (code requirement). 8. External speakers shall not exceed the noise standards set by the Minnesota Pollution Control Agency (code requirement). 9. The developer shall not grade the land or remove any trees between the Holiday store site and the house at 328 McKnight Road. 10. The building official shall not issue a building permit for the proposed development until the city approves a lot division creating this site and the applicant records the new deed with Ramsey County. A condition of this lot split would be the dedication of three feet of additional right -of -way for the future widening of McKnight Road. The Maplewood City Council approved this resolution on 1 1995. 01 Attachment 21 ORDINANCE NO. AN ORDINANCE ALLOWING TWO FUEL - DISPENSER ISLANDS FOR MINOR MOTOR FUEL STATIONS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes Section 36-6 as follows: (I have crossed out the deletions.) Section 36-6, Definitions, Minor Motor Fuel Station: A retail business engaged in the sale of motor vehicle fuels with a maximum of two (2) dispensers. Fuel pen_s shall be designed to,serve only two cars at one time. Major Motor Fuel Station: A retail business engaged in the sale of motor vehicle fuels which provide more than two (2) dispenses el -it Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on 9 1995. 37 r August 17, 1995 Re: Change of zoning from CO to BC, land on the southeast corner of Lower .Afton Road and McKnight Roads. Again, you, as the Maplewood City Council, are faced with the need to answer a request'f or a zoning change. The corner opposite to the site in question already has a convenience store and gas pumps on it. This area, which is in St.Paul, also includes a small strip mall, where businesses and traffic come and go. Until, the traffic is understood and dealt with (i.e. intersections of McKnight Road and Lower Afton Road and Century Avenue (Highway 100) and Lower Afton Road) any additional contributing congestion in -this particular area would be extremely difficult to deal with. The existing gas pumps and convenience store, as well as the strip mall, contribute enough driving excitment. Consider, the convenience store and gas pump complexes already in the area: Upper Afton Road and Century have convenience stores, automotive services and gas pumps on each corner; -the corners of Minnehaha and Century (Maplewood) and Minnehaha and Greenway (Oakdale) have large convenience stores, gas pumps plus automotive care centers on them. Standard Oil built a convenience store and gas pump complex Qn the other corner of Century and Greenway. That closed after a period of about two years, stood empty for at least two years, was torn down and now.a Walgreen Drug complex sits on that site. This area also contains a fast food place and a small strip mall. Farther up..to Stillwater Road and Century, there is the Yocum Oil Company Complex, a strip mall and a business complex. The SunRay area has complexes on both sides of Ruth Street. The conditions that all these areas share are: adequate street and highway access plus four -way stop lights with directional signals. The area does not lack for convenient automotive services and care, neither, does it lack for convenient stores. Logic tells us that this particular area does not lend itself to really heavy duty traffic use, such as that, which the proposed Holiday Gas & Convenience store at the southeast corner of .Lower Afton Road and McKnight Roads would generate Until this area has a better highway and, street system with traffic control, perhaps this area should be left al9ne and a "wait and see" approach to its use be taken. After all, there's nothing written on stone that every corner must have a gas station on it...... Thank ou, 2445 E. Londin Lane #101 Maplewood, MN 55119 G -3 AGENDA REPORT Action by Council Endo rs a d.,-- . To: City Manager er Michael McGuire -- . '*_� I . Vej From: Director of Public Safety Kenneth V. C o l l i n s �- �� _ Subject: Appli cation For Liquor License -- Paul J . Mateyka. J Date August 17, 1995 Introduction Paul J. Mateyka Jr. has applied for an intoxicating l i quor license for 1986 Rice Street (Dean's Tavern). Background An extensive background investigation has been done on Mr. Mateyka.. It was discovered that Mr. Mateyka had an interest in two bars in St. Paul, but he= has indicated that he has divested himself of any interest in these establishments. Recommendation After conducting a thorough background investigation on this i n d i v i d u a l and having a discussion with him, I do not find any reason to deny his . appl i cation for an intoxicating liquor 1 i cense. Action Required Application for intoxicating liquor license to be submitted to the City Council for their .review and approval or denial. KVC:js cc City C1 erk Liquor File 95- 011850 d. Is the applicant a dtlsta of the vested stat,esw - Yes If astura sed state data and pbroe of natunha im N/A �f a earWatloo or partaersh* state p h u&ng zafuralisation of sub officer or partner. Paul J. Mateyka, Sr. - President U.S. Citizen Paul J. Mateyka, Jr. - Secretary U.S. Citizen Linda S. Wilke - Vice - President U.S. Citize •. _ Patricia A. Mateyka - Treasurer U.S Citizen S. '!be •bo saKuta this application aha11 live wife's w lusbasts furl name and address..r. 1"Aith Marie Mateyka 1443 South Snith Avenue West St. Paul, r -IN 55118 1 C> R' 1�hat pati°ma � appUM! 10d associate: im this appli:stlon 10owed for the past live rears' Bar-and Restaurant Manager - John and Paul's Bar Ear and Restaurant Manager - Sport's Break Bar and Grill F l • • QTY OF MAPLEWOOD APP11C G ]LIQ UOR LEI C E SE FOR i►Pl WCAMON CAIN. ZE SUB)CMD IN DUPLICATE• please do not use initials. . P,q V Whoever ahjX bao�ls sad wilfully ta2sify the auvert to the toVo W Questionnair w e ahaa be of perjut7 sad shad be ad 17. q d aas*vfa,7 the Wowing gwUow •APPLICANTS" shall be pverned as follows: For a Car. J 2 1 9 9 J , porstin me i directors and stockholders. r o�ctr aha,2l execute this appl cat,:oa for at tffictst, For apart . 0 A?P1JCA.N7CS" thu for the : 'I�'� .- 4 �1 s ersUp met of the a?�all sascute application alt mtmben of pvtzarahip. EMY QUESTION MUST BE ANSWERED NIA PLEWOOD POL IC E L I Paul Joseph Mateyka, Jr. Secretary (Lwbvidual wa:, Saar w partwr) for and It lrthali Dean's Tavern ( incorporation papers pending) - lu*bJ apply for as . �._.. We Intaxleat ig Uquor Lk=se to be Imated at 1986 Rice Street, Maplewood, MN 55113 ** Legal Description To Follow In the City of (Give address &M kg%1 -d= *i0on) ]daplewood, County of Ramses. State of ldianesoLa. to accordance with the provisions cf Ordinance No. !b of ldaplewood. . t Give applicants' date od bbth: Patel Joseph Mateyka, Jr. 4th September 1957 (Day) (Yew) S. The raideace for sub of the applicant: names barcin for the Out five years 3s as Wow&: 1443 South Smith Avenue., Test St. Paul, MN 55118 779 Delaware Avenue, St. Paul, IN 5 5107 d. Is the applicant a dtlsta of the vested stat,esw - Yes If astura sed state data and pbroe of natunha im N/A �f a earWatloo or partaersh* state p h u&ng zafuralisation of sub officer or partner. Paul J. Mateyka, Sr. - President U.S. Citizen Paul J. Mateyka, Jr. - Secretary U.S. Citizen Linda S. Wilke - Vice - President U.S. Citize •. _ Patricia A. Mateyka - Treasurer U.S Citizen S. '!be •bo saKuta this application aha11 live wife's w lusbasts furl name and address..r. 1"Aith Marie Mateyka 1443 South Snith Avenue West St. Paul, r -IN 55118 1 C> R' 1�hat pati°ma � appUM! 10d associate: im this appli:stlon 10owed for the past live rears' Bar-and Restaurant Manager - John and Paul's Bar Ear and Restaurant Manager - Sport's Break Bar and Grill F l • • .J Z. If P OUML state aatae and addrrs; ed aicb partner N/A a oo►rporst3on, date Grawftftwow4u-s Pending state in which Minnesota aMoaat of anthori4d to p itausati= Pending b�gW Pending !f a svbsUUw7 of &W Sher so sb j N/A #I•* porposs of We &A=e and iddyms of an ol5csrs. dbwtm wad stockho3ders and the number of s ?cares held by auh: 25 Shares - Paul Mateyka, Sr. 730 M ari e Av Mendota Heights, M N (Naga) 25 Shares - Paul J. Mateyka, Jr. 1443 So. Smith A West St. Paul, MN 25 Shares - Linda S. Wi 21 Quni A NE - East Bethel, MN 25 Shares - Patricia A. Mateyka 4401 Evergreen Drive Vadnais Heights, MN If incorporated wader the hws of another state, is oorperstion asitborised to do business fm this State? N_= Number of esrtificate of authority N/A If this application Is for a aew Corporation, faclude a eertified copy of Articles of Incorporation and B�- Ls�rs. IL M what floor is the estab - meat jocata�d„ or =„o ? Main (1st) Floor P. If operating nndv a swains ordin nt, bow b Lk Iw&U= of the buDdIng dauilied ? n /a Is the baDdiall located whh1a the p aru for sucb licenst? N/A lo. Is the establishment located aesr an atsd=y. "lSe=c, zz1vusity chum trade or high school! Y es State the approximate distance of the establishment f rom such school os ehv Church located in Roseville is across the street from the establishment approx. 500 ft. il. State &me Sad addrw sf owner od boUint Building will be owned by the corporatio after closing on Septembe 1, 1995 S bw owner of buDd, � oornn , uy� J ectIM direcUy or in- ft appli ti applicant will be an officer of the corporation 31 An the taxes es the above prober �Q!? No U. State whatha apphCut, ;V'Any ed U much! a h 0& AmIkatkt. &eve ever l:ad an ap plication a Upff 'IJ= rt toy etlod an D b7 y mnak3p�alitJ► or state �wtf►orit� � #t � give date and detail: No IL Bas Oplicaat, or an of his aasodatss in thh anIkation, during the live tears fanediately lPrwadkg thli ' appttcat m wa dad sass order the Minnesota Liquor Cootnol Act rnohed for say VidaUn d Inch law's oe focal a; ff so, give lute and d ew& No Maplewced, U State wheliher appU=t oar wy of his swoebta b this application, during that past live yeah were wet oonvictad of any liquor Uv vloiatioms or any aria* b this state, or any other state, or under Federal Zaws, and if so; rive date and dttaIl No 16. L applicant, or say of his atisoc3atee h lhi: sppbution, a member of the 1"erning body of the Oualdpality In Vhich t ' di e U to b issued? It so, fn what Capacity? . 17. State whether any person other than applicants has any right, title or iaterest is the furniture, Enures, or equipmeat is the pr U" for which ticeuse is applied, and if so, rive names and decals None ts. ave applicants any �r t whatsoever direttl or indi tl e stabl i shment Y rep Y. in any other liquor establi fla the State of Give name and address of such establishmen John & Paul's Bar, 7 31 Randolph Avenue, St. Paul, MN 55107 AND-Sport's Break Bar and Grill, 1199 Ri Street, St. Paul, MN 55117 19. nmish the acmes and addreues of at lust three business references, including one bank refer- Me Cherokee State Bank, 607 South Smith Avenue, St. Paul, MN 55107 Capital City Distributing Co. Inc., 295 State Street, St. Paul, MN 55107 East Side Beverage Company, 1260 Grey F ox Road, Arden Hills, M 55112 20. Do you possus a retail dealtr's kknU&&tian Lard iuued by the Liquor Control Commissioner Which wM expire December 31st of this year? Give number of tam one Zl. Doer applicant fatcr d U 20 iatMicaUng Squor Ao otlser than the Consumer? No 21 State whether applicant latads to Vseas, operates or permit the pm"40A or operation of, on the licensed pry ee in any room adjoining the licensed promises, aAy riot muhIM dice, ram - 1�tiat d"kA srd apparatok or permit any gambling tb Charitable Gambling (Pull Tab s) !a. An the premises sow occupied. or to bs aoMied, by tbs &W ;=J entirely separate and .occlu tram may other business ottablit? Yes 24. Stair trade name to be Dea Tavern 26, state "me of Dean that wM opersto stor Paul Joseph Mateyka, Jr. 26. Give Federal Retail Liquor Draws Tae Stamp Number, t?. if off Bait ban is beiac aWUW for. do you btaad to d0ver liquor by w"e? N/ If Not State D=ber of awtQr fie pmt+ hived k7 Liquor Control CacarssLzs =es for =n Wt year 23. If yoo are Wding a mw for the for which thL application is being n ads, plsaae submit plans and specfcatioos with " appliatim. N/A ' !'t. F1=c3D of the oowtruction of thu baltdfal WM be as loom: N/A SO. ftrthh a personal linaneW statsmtat with this applkation. If a pvtDa hip, furnish financial state- Weat of aacb patter. fl. Give description of ape of operation If this Is as on-We bense application ALL whether oock. taD jounce, site club. nrtautsat, etc., specifying capacity by anazber of tustomen and any other pertinent data Restaurant and Cocktail Lounge - Customer Capacity = 85 22. What previous expeAchm have you hsd b the operation of the type of business described in the answer to No. aI above Bar Manager of John and Paul's Bar' and Sport's Break Bar and Grill 33. Applintnt, and his associates In this application. , W1D Ark* comply with all the laws of the State Of Itinn"ota to%•crniAg tht taxatiaa Wd the Oak of %toiiwLint liquor; rules and s+egvlations prmmulzaied by the Liquor Cortni Commissioner; and all ordir4nces of the :municipality; and I heraby eerury that I have read tine forgoft VOW= and that the aww►ers to said Quntions are trwr of sny own Aaow Wge, f Subscribed and sw►om fo before aw this noun od 1 (tijrater at AppUmt) THIS APPLICATION MUST BE ArC*MPANIED WITH YOUR CHECK FOR THE !FIRST UCLNSE PERIOD. S * =M•., PATRICIA E. FRY 'w NOTARY PUBLIC . MINNESOTA o:> ;. MY COMMISSION EXPIRES �N•• JANUARY 31, 2000 • Maplewocd, 0114N 551109 CITY OF MAPLEWOOD 1830 E. County Road B Maplewood, Minnesota 55109 APPLICATION FOR SUNDAY LIQUOR LICENSE Paul.Jose h Mateyka, Jr. doing business at 1986 Rice Street, I, P 9 Maplewood, MN 55113 under the business name of Dean's Tavern , hereby make application for a license to sell liquor between the hours of 8:00 A.M. and 1:00 A.M. on Sundays at the above location. I hereby certify that meals are served, and will be served on Sundays, at this location, that there is table seating capacity for 30 or more persons at one time, and that I presently hold an on -sale liquor license, issued by the City of Maplewood. The seating capacity at this location i s 85 . ,0 Signature of Appl' nt 1443 South Smith Avenue, West St. Paul, MN Address J Date J uly 18, 1995 License Fee is $200.00 per year. License Year is January 1 through December 31 r LICENSE FEE PAID RECEIPT NUMBER 55118 LICENSE NUMBER July 18, 1995 Paul J. Matyeka, Jr. 1443 South Smith Avenue West St. Paul, MN 55118 !, Paul Joseph Mateyka, Jr., hereby request that my name be removed from the liquor license issued to: Mateyka, Inc. dba Sport's Break Bar and Grill 1199 Rice Street St. Paul, MN 55117 " Poo JRf, //4/ tigned ate'd • July 18, 1995 Paul J. Matyeka, Jr. 1443 South Smith Avenue West St. Paul, MN 55118 1, Paul Joseph Mateyka, Jr., hereby request that my name be removed from the liquor license issued to: John and Paul's Bar, Inc. dba Mateyka's Bar 731 Randolph Avenue St. Paul, MN 55107 Signed Dated From Sunrista Pzarl-:.. Insurc-4.1-i0e H-�,Ef-iCl PHOIAE I-A►. E#1,' 777 7092 /^= AMwest 70 4mwest Suret Insurance Compan J u 1 9 19 '35 '2 : 3 � Ff 9 P 0 - LICENSE /PERMiI MISCELLANEOUS BOND APPLICATION Ph � j Fj j x NO Ak Whit' I '77-1 7 % A ATTACH BOND FonM AND ANY OTHER PERTINENT INFOnMATION • �t� (,� �� V : .: r� f -{ ���� 1 '� �` • ' �.�.kr F•� C•�•r «`t :h• . P -tole al ;r: hi icon RAA4 104 • Addmoo of rvr Owilm ouefirsts _.Y 11, 1 j1,30.16 t 3 nit t-T (I S- • PRO L, 1? AAA.S Q:,-? nA oim:1.41 *iI44:1►1I t v Ilix 4 0 Wks". of 0010 VAKI, F311114*11 roffivif.m.r0y 11"Viod B W t Fit- tJ•.- Metal) 04.), of C- I Im rAl Ut 1 1 .21 W.,nO Artic•i ►ii i g*Q" Ado(OLC (Hilres,01) C) o y RA 81 EA sl (W Occllp wbno d 4E� 7r M �3 Ac I,,W-!m,(!(;1 I .1vil I -RvkI1iw Ri.n;1dirr N 4 0L, LM-A-T.eq / �n f At -1 - Add.NkSS 051met-11 WA J) PIN it W. hJ fl: 11k Ithellygj Phn- roe W. Account Noji) H ;ZZ-7 - 7 57 t MT A Bunk A*:jl-,3.S3 Ak'5rXJ-%41 C Nil•m.• to fowl TitIn I m /;r-mq �CA 100 eo I A4. kkiry?s (Spitsectl (17.4 Y) (Grg $ra f q 3 no, k431rdi4l Sopkis Llvivei*t; Lice -tint IN.:). "k-dal S.C..Wl'it hki. Nwo c4_ I*- 7/ .90 .15A0 - G c;p i-im" j k: 'Ehoxced *-74 3M'q1Y 57 1 c; 57�-;,- C C; If 9 C? _/(09 4%"7; r f • (';%ttivivt Morkcl Volvo cl%vil 1W D.tt% cx> /6 1? 4 6 _ %7 6 0 1 1 (k M41) (fir. 1 .77FT�IW I W Nolly., I% of Eke. Owi*Kj I F.,M. *.!*s Nan* (I Irv. m i. t #•41) Ri A001A.291f; Uhlmnd) Varriod • : 'S.In C0 k ;A.Wjv.r7A XWI%C•l Valuer d6o A r • � 1•1e1t1'1i- 11 11333 ffa 11 :ii CAI , :;00Irij y th), uste Cie oit-III liorm. Phr Pill pvf0►►*•o (it: 1% (.14 Bus. Owned jWoCA.*,t1; N-mic, (Obra. M 1. la-l) lChy) KC WrAy) Ell iwlln I r.Qrvse t4c). %K;LjI Sewrit No. 0ats C4 u1m1 1'11:tir! $' II-vm6_ Viet xced !•Ayr•pratc-d C-Lo-evilt Kitkut Vokle Amount 0p►i1-o Pvchme Vric t t%A I I it •rij J ti j r 1 1 Nit; Cmmpi-d Sootjf: wmw. m i. Lis SA"44p4l '1604nim Ch ivvrr. I C 4 r4i_o. y 1`41 rXile: of E-Wth lome I I I k) (.41414.4111 #Ahfkf?l vilikiv) Ast"vit Owirm2 P6;e F'tnCtlttSE� 1):431• UN-A700t. ( 10..'Ot) it IMPORTANT: INDEMNITY AGNhEMENT ON REVERSE MUST BE SIGNED. tc;clurd As I it if d Owit t (LAM) Jr-I I Tillo From Skit-ir i F't.r' � --:. I n -`•I_l r' 3trl _ H 1� n _ 1 PH . 61 _I FIE Fl '' -, 2 � -, • , :�� _ ; :�� ►_� 1 � I Flo. ; ; � �� �±�. Ju 1 _I � � _I _I - . ` . _ :�F r��J F &_: INDEMNIFICATION AGREEMENT • RFAn i'.ARFFIJLLY AND SIGN Iles: .r.J ► ✓. •f•� ►•.•� �.f II r• 1.1100 eel IsO4.lry 40 inn ('i+.w%rw.y f1wu..i. wool. to cat ' 1 i4 S%mool •1 14 trnl,. M'..•7�117t`r4 t.. .wrv.ft •.vl If, fJ^C:b now ryl.Art Wort r.rty rom#u v r/ � , K1NI I�1LiN/d•:r�'. Tlrt• n.6 .•, ,•P.•I .• 1. ••t tl. .,. i �nf uv�l..irh al.11t rrY -ra ffr :vgMarra•1� r, 1•w 1+�111wt r .iMtrWNlt Ar «irrR Af1C.�Nf'rS 43 IM gr.•tit.r irF o 3:• 1! hw Ctw'C•r..a,:, of iroa:ing Thr rr ,#f msrf in exi+(`�tr. Gr G�IY1uy U. t.Atn� 1 .Ot1�6 i4 ufl� 10i of rk Irr t ,tr..111, r -10.1. •,I 11. sf it" 11 fi1r. (lN1flf.:t11111 ",P&rtf. lc, { M1 y In 4wd"Y I,rIMI ditfmvvf h Ir•.tl rutmomem dc11r1tn11r1tnl 11y 111[1 Slr lltlr t]n 0*46 tot)IVli f• A t,.IMM PJ tMt:M0 11 i4k.g1r A UAh/t,ty. Hawn. Rtul M Taff ru lmwt t 1110 WYO. U110 Ytl• kniml twou to Y! .'W WW IIiLU14id 1111RV.`f r Ir. ,.►{q �n .r,.. %j "&?b �rl( rr. m 610 I, %IWA.A ., U+.. 1;0064y, I..vn rw, Growl 0011.14066 tllrtl.;nr`+. 6:10:0, r:r1:r1'. W"I irui e ll C.wtl, kowr rlvf rr11•r/t: At (to m4 f i kma -^4W. I. 1`ri: Ei,wt:t / r1ii/ .',.?'J ;&..I .M r.. „t ... -b.6 .. 1 l lArtiVrl'A .. h►.wq i AA#Pv'Px%-1 tM tootlnr. n1 lhv. n� mmont I11 Nfvj sn; no thA l,wtlr►t�. 6MA. 11t in �rrnring IIr !lflnrr<1(11w1�1 M rtnntNt• if' m41�t•n Inrnt /tlla;h; tIN1At thin hnrlrl 4itvmr RINIIt' - ~ to"" felt ' 4'.4. to!""I In t1 Wwns o vA1v4llr4 AnIr rialm AI /dill shimb M IN hao4at M kOvIny. Ac(1/1Alflh•:y rd ntllr rW &A tr (vi rn mWenva .rl. rAfft1 ..1 /.r A fivauli•.l •v11t'•rn112M1 GI:c1MM1!:h1 of IU; !►M 0K"f►:F I11rurr!�3 t!. iM 1 W�1•i. bw! {n t•• b; bi Gtlw,:r CJ 12,/! c Nt`ir, Ghnll t,i: (rim Ihc�,i r�vi.�:Y,b.' t•1 fl.,: Irr,`4 :...1 r.�lnrd nl , nj!�.a 04vollwa.l.-Y N.w ckvn11 1 -ko.'4v rra *• Cmtkee. - t to It: ro6u... t• .NN INS• Gu►v1w111t;• utla4 iriy luar kr 1io4olm to vulwtwr VAN. -NR W1161 I:i im Inn Way lipnpoae V* imml!'in Ouvoir-I'm tw. t1 y4 chub otiGfl' k• .1H IorliwroIIk rr tilwrdKxir;, cu1•GId111 trtxt Ncttulninni t11 Ihll 4,,rtllyrltill Mrn1� {1 11r!I IN I:�rh+iti• 10 Qtln'� �t:!� 10 CNMf•1►4� .11�� t�ll1M�0 CLAf:Mr1.•A ir. tht nri{'JM•.11 «wl.�. (,,A{nw„i1 A.j.�.t. ►•vr.1 I.1 Ilw 1rtw. f.l ev..r,%A,!w, t+, IM uniewa'n!"J K K M'/.f 11VW Ilyl 11P• 111r. 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UUtbb'inu Hr. htwti ti1'urmot nn :ny•rr:.,�U..1r..r.. :.4. ii.. , sil l. . rolk;0trd Ffill►•v It 1u $We wrf.prrrsliulr w ovis rwMsessed I/1� ;tINE 1 f, rlrt.,.l,1nt IC, tt.16 Arjrtt.ri 1 (%M t Al I- t1�Rl pE�1,1ti1TY - h i 001111 r. r►1,rk l��:u Irf.t 4ta/:tY, rr N Irr.1)` h (w*bf3ry Kr lctsi!11.+.11 :t IWA-I'K! &W r-%WnJi11 Citrrr,. d►.3 urexi O#rfswvl i oor, Swely, Ow lh.:hv;lyl►.c1 "NA t i,;,l,{.:.tt *'u, Otook -I 1,,,..1.. •.11. , 1•� x �rr,frw�►. P. ::tN1ti1;. aN! Gi•lllll: +trt rsy.�uAtt. e+ >stdlu:ilnl :rrrf�t,ilt 1 , rrgilAr� IfwMC,{ wttlllt•�sGi�:l KIN �v.h tl;lun c•► {tut %•fnl:lt rli +nr. nrrt Pr11► b•tgn� rrr itl�:�rT!`/ ftc` auctl cc�l,1. 1;11 1%'I-; r�r, Ic�I.1 C� ;,twNi 1,11111 �! 1.t . it t c ..• .1, vi it i. c :#:*m { kW- m)..:t.Or1;• Itorrl 66.11 vlaim w L�t,h1tvica clam. .nni twilal 11 tws t*#r, fully lib'nGuldr«•) b�l &I f1�s.r:e:. I Ajxvv -...` % And (ittorr4 -e b %4& F Irm N/Nnc. �� A{',},llt: • Na me t yrof• cx Prit)t ) X i Zilithi Mnaturr' Signed this j d,., of 19 S . X Autllpntod GIgna Ar Name ( Type car F;oo l t) . X AuU*X izod Signature Ari - Ac Ant Ni/.rf•e• (Ty V!• ut Malt) f • aoollog:: Wicrleaa Stplu><turo AmliG-sni Nm* (l ype or Print) •�- ._ _ . ( I I c <49 , ' g Z� & PY I Wltnees Naft (Tyr* or Print) —_ 11 anke owner, alpn on tx�t,.•,Ii of irMI. r�fifk;it;::ll / , (1�•dnt br'ri! + Ilx�sr mWt burl (ialsc�r18t1 Lvk>tir. IMPORTANT N i>nrlrxl fbhli,, hU Iiy/tIM(c must rmill !xl behau bl iirltl. All rrartrlwe ;vo smusc -s Iruw , i*jm p<+ umil inclumnity toeolow. h CQrLYXAtirttl, ;ut ilulh+y+ri:od crdlicc►r mw1 Gib Al ov000 ou n110 3rpG s&fi n*Kj i :uyrl imsemnity nekrw. ( of li r•t«.V :r y Inct 4. . '47 9 111 p� lq t I .pit 11I., lx:rvon & Wri-j (u►. tuwh Of irla u'u' :•.g4w grandly blxl - .C►v#r&v1Y. &� lecm 10 too t�tp%(J by sib rd th. ttstlu: e.1 ttv r....• I ...,. ,,.•, ,.,, .1 j!r„WeleIIM:rII 4ivgc eKj 1) t hn nov.:an1. bt; (tlit , P6 ItKn 11 rxfi f: tt* ulvJWzi9nn,i I,y«ir 11m &ult: ArP1K*gn1 tlmiltrc! horrin, Wood Sclrrlit If-r t*lnu twwx;;' Iy rnt! rewaooc it1 tl.tt rxu1:K►t"r..'r: /1f tt1r, rd•1...1.•.., Im 6u+btylchttt "W 1(m is pivan to decul'o X �a lMfNll fK ��r181U /tit ir;:Fn tNtti r . Nurno (Type at Pr int) N Jcc c u L iG L"N*Vyor: — "'oDSAstlS 'TA0Eex-%-> L ►�* .1...... S. S . `7�0 rkw N1141'ti Q x kxJei N 11r1'113 (T yp+ w Print) firr. 1 A ttend (A - U. i kvrs•1 For w- .F Kt6 ri ILW •l • ' Irq,l ►dlW .i7A8IWH .• i14k 111tx Warm (Twe or i mmi) Fiem)in we f %Imm l lRl.ln 7r, 0I.. hiu .. .. H• vion 1%,V* ,V* ' X . tidamr4tcv i0neture -- Indeninwx Name (T yl,o or f orinl ) r4n. cidorx a Ar11 kmsr. t �ItfT!. [t1 Ol Nu. S. S • .._ f'tlarx� ' 1It, COMPLETED AND SIGNED �\ PUCATiOtl WITH PAYMtNT TO: AWwA/)'jweSt 1 F 1• �-�rri '=,c_r r a i F'�+ T t 11 SLI r .� r �_:r H ��el �t F'HOt JE F•J�_� . rrr l � r' r � 7 09 2 � Tc_r 1 . � �+ � �._:. � �r._�F t�t F l_t.� CASUALTY UNDERWRITERS, INC. • AMSU?N OM SUAW i V#UC OX L rO. �M 1740 Rte+ 8tt"t. 6uN• 300 • St. Paul. MN 65113 ` 61:b/AAT -2900 • Far 61?1AA7.9!t110 MN Wata 6w"I -7*10 • Other 9tsle• 80013MiO93 S ox-m mL ......�..�/ ( t IJQUOR TIA BILI' Y INSURANCE AI'I'I..ICA110N �' o S S P" M A T�`? .A �, Q. '' MA '� � :'3 ~T A •� �-? 2. a. Mailing AdOress: W. Q t> � �' —• - -- •• -. —. b.. Tele p hone NuniLNcr, 3• 1 Wective Date: C� `� •�''''' _ / Retroactive Date. Name or Llct'nscc �.� �S - r►1/� �' �' Enticy Is 1:'o Corporation 0 Individual U Partnership ❑ Sole Proprietor ❑ Other 4. W. UTS Or- L.1.)LBMI'I'Y: S 50,000. each common cruse /aggresatc G S 100.000. each common ezuse /aggregate Claims hinde S 300,1. O. "ch common cause /aggregate Q S 50n.000. rich common causes /agg regzte Occ-urmncc n S1.000.000. a neh enmmon c2us♦- /nggrr. gate. 5. RECEI'PT'S: Akoholic bckreragcc $ , , ,d��� (Pasc i ? months) S (estrmutcd nc:ct 1 mc,ric 1:.) 'Fnn. d or nrhrr S ' Past 12 months) S (esti=ted next 12 rnond 6. DESCRIlrIPION Or OPEULA710N. ❑ 60 Tavcmi /liars /Saloons G1 Rcsiaw ants • 50% or nlvtc of gross rce cilsts from salts of alc:oholk bcvcrj G 6 2 Rcstaurants - )OA9qv of gross receipts from salt.- of alcoholic bcvctagc J ?n Itestaticantz - 0-279 of gross receipts from sales of alcohoUc beveragcs V 63 hotels /m otels C.; 6>4 Oistributor,, (no sa lt; to the public) 0 65 Stores - Rctail (no cowurnption on premises) _P gc _CoLivcuicswc ___,__Supermarket 648 Privarr Oiib- Z) 6 : Fceial E% • Com pl ete the Li LIabUlcy Spcciai EVCW App lkativii ❑ (�R Catering Ser% •ice/Banqu et lull • Refer to Company 0 6.9 Top /Go- Go/Nightclub • also con Nightclub SupplcinctiW Application D ?? iibition or Rcncal Hall/Concert hail • Rcfcr to r orapany TAI" IG�1ATM INSUYLM- PIL>".N SES: (The policy vvW `over' only dcsigsiated imourz premises. No o.Lhcr premi c 6 A i r covcrcd Until accepted by die compAny and credo cd to the policy fuc :w addidvnal c:luuggc.) 8. UN (a) Losses. Haz the applicant, or any owner, partncr, officer ur Ucesuec lnc:urreci any claims for Ljquor Uabtlsti in cli past 3 yc:irs? p ycs No. If yes, expi;iiil: Is the applic aware of any incidents which May )cad to a ' a ' ' ❑ Yes XNo. If so give details,___��_ (b) HavC there been any fights among patrons 111 elcc past year? ❑ Yes �NO. If so give dCMU5. _.. (c). Does the app provi�;rycs y fo rrrtaJ traluing ur hruldatnce for employees with rcSpCCt to 119nCUing of M111CP S 01 intoxicated customers? ❑ No. (If yCS, attach copy of cerdflcate if trtr by profe ssional tr:ti�iisi }: 0rS2rLi=6oii (may qurllf) fur discuunt)j 1,44 (d) I..iccnsee. 14a_ti the ap ant, or 1ny owner. partnofficer cr, o or licensee cNIcr had a license revoked t-cfu5c�:l, w suspcndcd? Q 11 Ycs No. Ir ycs, g i ve dewls: VVC -LI J A 0 OP13) Fr um ` .ur - iT - P r t.. I r =. i .F �+. ti �t t � -+.r-� �_:� H ��� r� �. �� PHf VIE t - -Jo t-1 Cj -+ t � -' �-, _ u 1. 1 1 ���� : _P�1 PCB Pmtnium _ (c'i Pt = vtct�s C'or=;er --�' ''" •� Facp. n2t� ""—.. Policy number _ L1tn; of 1labiUrY Ever c-Anc.•r. tied or non- renewed' O Ycs >i' No 11 ycs, hcpla,in C1a3rms Marie 0 If yetis, rctrOactivc date,,,. -- (t) Does the applicant also have Lability Insurance covering this busincss.WYes CO No If y cs t sct nos lint-, Company „A,jftmfz yep. Date Lizmtt of Z..iabili 11 • _ (X.) Ye2m in business zc the Ioct andcr cunr ownt;rs :`rte ��� e r % 4k I If tinder 2 years give previ experience 0w •.:s Ce Acotil w r> Y ( Rm aPPlic ever been fined or cited for vioUtions of a lzwv or ordinance KjzLin to Sales 8 of alcohol? (After hn%3m. minor, ctc.) Q YCS No. If ycs, gi dcULW 9. Name of hcrson who keeps book; 6t-y TZ . . �►ddre ts.... - '�1 Ar}TL g i -- 10. Nornnj1 UF+cn /Closu,g l�uur•�: MGn.'Mun r .� ' 1 =�� Prl . 7 Sat AM' dun /Y!— 14AI 11. Are thM Any bouncers? O j'Cs 'P<No. U ) -c,, how many . ...... 12. Aver2gr agr_ of clientele %X'hat is the scat.i„b c A ae! �? � � P of Bancndcr of S# rs 13. Ltiocs aj,pllc-tnt h2vc 2muscmcnt dcviccs: +"� Yc$ O No if ycs, type; fh• wddrtfvn 10 04 ►fe„d,..,, ❑ t'onI tablet Numbcr '�4 Video hiachlncs Numbcr Oilier (cicscrtbc) Numb O Dorn Appllcnnt h2 Vc a.ny prorrlutional cvcncs? ❑ Happy Hour ❑ ladies' Night . � gh Q (Jthcr (cxpiasn) 14. Does aps:)l4;Ant have cntertairiment: "'W Ycs O No If ycs, type: 0 Rock & Roll Q lurid of members ❑ D J ';< f ukc aox 0 Disc o/vldco Q solo rnustcian/YocaEst ❑ Dancers �- C D opless Dancers O Country 1Xfc54crn L'1 1�ianV /Urgan Dom applicant allow dsnr.li; & O Ycs 'W No If ycs, how many days? of dance floor (sq. Ft.) 15. err fnciiltics rented out: O Ycs Nu. Il* ycs, # of times per year 14. Is the der fnated preen 3c within cloy tu111t,s? 12 CS 0 No 17. ire application a1se, being submiticd tG this c mnpany for Prope & Liab cove nY CY Sc. D yes OXNo N To A&pLIC&NT A 25% hilnimurn F.aj „cd Premium will be charged on cancellations 'rnacle at the insureds re uest includ' cancctlaLons. 4 ins non•payljienc r IF CLA3MS MADE FORM --- 'IMS PARAGRAPH MUST BE SIGNED The Qlims -Made Form lus Uccn explained to me and I understand that this insurzncc 1 Tics an within the oli � PP only to Cla.ttns fast rnac�c 311(1 rcpoRCd to the Comp Y p cy period shown on the dccUmt;ons page of the policy or such shorter pcnod of t i.mc U Fill exist in the event of cancelUtion or tcrmirwlon of chi policy. S'llm an Me of A rjAboa ra Th13 application shill not be binding unless and until z policy shall be Issued and a down a the cornsncneernent d►ztc of said policy and i.n accordance with the tCrr�,s h �' Y�ent made and then oa]v u of aces that the foregoing scztcsncnts and ansovcrs ar crcof, and the said �►ppL'c� tut here covcnznt_s ac��l regard to the risk. to be insured e a dust, full and true exposition of zt1 the faM. 2nd caretunst.anccs at)( uuof-ar as same arc knON rn to the Applicant; and the samc arc hemb mad condition of the insurance, an►d a warrincy on the part y the Insured z y c flit bzsis aid :t which applieadon is made. ppllcant and Any other Imured under the policy for k It is mutually understood and agreed bcrwccn the Company and the Ap p limit [ an it or any matter.pertzining to insurance 26forded by the Coat an Is m y inspcctlon of the premises oper�.tic,ns. not *to be relied upon by the A licant in rtes ect P Y' ma de t for the use and benefit of the Company on1 }r, and L: Pp a A APPLI C.A770 S Y ]an S IG►NED B Y APPLICANT (Peel or Fax Paper Not Act tab Ic AppUcanvs Namc (prj ntom- -- -A C' n 1 rn 4 kr V Lei � AppUcaat•s Siguanx. z�_ ore Licclaseci Agmt/Pro Signature Date Signed Date Signed - J Fr ���i r•�_tr - �t` �:� P.�,. r 1:. I r - � :u r ..+.r - � c:� H � � r� �_� PHnh �E �� t• 1 7 7 �+ _T�_t l . 1 1 ' : _ .Plvi Pitt JUL 19 1,3 4 1 FR CASUALTY UNDERWRITERS 122' 407 Za 1 0 TO 7 7 7 ©'ate' CASUALTY LTY UNDER I A DTVISI QN OF B LgtNS . WILCOX, ' 1740 RICE ST. ST, PAUL MN 55113 61 2!487 -2800 1-800-637-731 'M 1 1 - 800 - 328 - 1693 U. S. 612 -487 -2010 (,V July 19, 1995 City of Maplewood C/o S u nri fie Park Tn stu'ancc Agency 2063 County Rd R, East Wh Bear Lake, MN 5 RE: Deans Taver 1986 Rice S Greet, .NZaplewood MN Doar Sir or Mada . , , In reforenee to the st#,tus of Liquor. Li ablbLy Qoverage for the above c toned ' office has received an a lication for Gov aP c�stBUilsl�ment. Our Pp erage from the insured via his • the Sunrise park InsuranCe A enC , agent ChHs Skelton at 8 y T have made a proposal for Li q uor - - Liabi q lily to the Insured. We are currentl w aiting . y a�t�ng to hear !f the applicant has accepted our p Coverage can bo put u1W effect i , receiving the reyuir�d binding re ulremcnt n=ecuately upon) � � s from the applicant, with the issu rdfscate of insurame nee d e d. artce of ear ) Kathy Battins, AU Undorwri tar WAIVER., NOTICE AND CONSENT TO WRITTEN ACTION IN LIEU OF JOINT SPECIAL MEETING OF THE SHAREHOLDERS AND BOARD OF DIRECTORS OF MATEYKA,. INC. The undersigned, being all of the current members of the Board of Directors and all of the shareholders of Mateyka, Inc., a corporation organized and existing under the laws of the State of Minnesota, do hereby waive notice to the time and place of the Joint Special Meeting of the Shareholders and the Board of Directors of said. Corporation and consent to the transaction of all business set forth therein. Dated as of the day of July, 1995. r P'aV1 M teyk , S Steve Mat,4yka Linda Mateyka By Proxy Lois Matey_ Paul Matey Jr. WRITTEN ACTION IN LIEU OF JOINT SPECIAL MEETING OF THE SHAREHOLDERS AND THE BOARD OF DIRECTORS OF MATEYKA, INC. The undersigned, being all of the shareholders and all of the members of the Board of Directors of Mateyka's, Inc., a Minnesota corporation ( "the Corporation "), do hereby confirm and take the.following actions by Written Action in Lieu of Joint Special Meeting of the shareholders and members of the Board of Mateyka, Inc . WHEREAS, Paul J. Mateyka, Jr. desires to sell his shares in the Corporation to the Corporation; and, WHEREAS, Paul J. Mateyka, Jr. has tendered his resignation as an Officer and Director of the Corporation to the Corporation; and, WHEREAS, the remaining shareholders and directors of the Corporation believe that it is in the best interest of the Corporation for the-Corporation to purchase the shares of stock owned by Paul Mateyka, Jr.; and, WHEREAS, the remaining shareholders and directors of the Corporation believe that it is in the best interest of the Corporation to accept the resignation of Paul J. Mateyka, Jr. as an Officer and Director of the Corporation: NOW, THEREFORE, IT IS HEREBY RESOLVED THAT: 1. The Corporation shall purchase the 25 shares of common stock currently owned by Paul Mateyka, Jr. for One 1 Dollar ($1 9 00 ) and other good and valuable consideration and the corporation shall hold said stock as treasury stock. 2. The Officers of the Corporation are hereby directed to take all steps that are reasonable to consummate the purchase of said shares of stock and to effectuate the transfer of the shares of stock on the books of the Corporation. 3 The resignation of Paul J. Mateyka, Jr. as an Officer and Director of the Corporation is hereby accepted. WHEREAS, the Corporation has accepted the resignation of Paul J. Mateyka, Jr. as Secretary of the Corporation and a vacancy in that office now exists: NOW, THEREFORE, IT IS HEREBY RESOLVED THAT Lois Mateyka is hereby elected to the office of Secretary of the Corporation to serve in that capacity, as well as Treasurer of the Corporation, until such time as the next annual meeting anal /or until her successor(s) shall be elected and be duly qualified. Dated this day of July, 1995. w Paul Ma teyZd, Linda Mateyka By Proxy Lois Mateyka p", j Paul Mateyk , J . 3 RESIGNATION I, Paul J. Mateyka Jr., do hereby immediately resign as an officer and member of the Board of Directors of Mateyka, Inc Dated this da of Jul 1995. � Y Y� Cs� Paul. Matey a Jr. WAIVER, NOTICE AND CONSENT TO WRITTEN ACTION IN LIEU OF A JOINT ANNUAL MEETING.OF THE SHAREHOLDERS AND BOARD OF DIRECTORS OF JOHN & PAUL'S BAR, INC. The undersigned, being all- of the current members of the Board of Directors and all of the shareholders of John & Paul's Bar, Inc., a corporation organized and existing under the laws of the State of Minnesota, do hereby waive notice to the time and place of the Joint Special Meeting of the Shareholders and the Board of .Directors of said corporation and consent to the transaction of all business set forth therein. Dated as of the RD day of July, 1995. 'ffau-I J. a yka, 0 PC Lois G. Matey WRITTEN ACTION IN LIEU OF JOINT SPECIAL MEETING OF THE SHAREHOLDERS AND THE BOARD OF DIRECTORS OF JOHN & PAUL'.S BAR, INC. The undersigned, being all of the shareholders and all of the members of the Board of Directors of John & Paul's Bar, Inc., a Minnesota corporation ( "the Corporation "), do hereby confirm and take the following actions by Written Action in Lieu of Joint Special Meeting of the shareholders and members of the Board of John & Paul's Bar, Inc.: WHEREAS, Paul J. Mateyka, Jr. has sold his shares in the Corporation to Paul J. Mateyka, Sr. and Lois G. Mateyka, as Joint Tenants; and, WHEREAS, Paul J. Mateyka, Jr. has tendered his resignation as an Officer and Director of the Corporation to the Corporation; and, WHEREAS, the remaining shareholders and Directors of the Corporation believe that it is in the best interest of the Corporation to accept the resignation of Paul J. Mateyka, Jr. as an Officer and Director of the Corporation: NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the resignation of Paul J. Mateyka, Jr. as an Officer and Director of the Corporation is hereby accepted. IT IS FURTHER RESOLVED THAT Paul J. Mateyka, Sr. is hereby elected to the office of Secretary of the Corporation to serve in that capacity, as well as Chief E; Financial Officer of the Corporation, until such time as the next annual meeting and /or until his successors) shall be elected and be duly qualified. Dated this day of July, 1995. V aul J. at ka, r. Lois G. Ma eyka 2 RESIGNATION I, Paul J. Mateyka, Jr.. do hereby immediately resign as an officer and member of the Board of Directors of John & Paul's Bar, Inc. Dated this, 0 day of July, 1995. Paul J. Mate k , Jr. STOCK PURCHASE AGREEMENT THIS AGREEMENT, made as of . the 19th day of July, 1995, is by and between Paul J. Mateyka, Jr. ( "Seller ") on the one hand and Paul J. Mateyka, Sr. and Lois Mateyka ( "Purchaser ") on the other hand. WHEREAS, Seller is-the owner of sixteen and one -half percent (16 1/2 %) of the authorized, issued and outstanding shares of the John & Paul's, Inc., a Minnesota corporation ("Corporation" and, WHEREAS, Seller desires to sell all of his shares of stock in and to the Corporation and Purchaser desires to purchase all of the Seller's shares of stock in and to the Corporation: NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Seller does hereby sell and Purchaser does hereby purchase, as Joint Tenants, all of Seller's shares of stock in the Corporation. IN CONSIDERATION of the above- described sale and purchase of said, shares of stock in the Corporation, IT IS HEREBY STIPULATED AND AGREED that Seller shall resign as an Officer and Director of the Corporation, effective immediately. Dated this 19th day of July, 1995. P� Paul 14ateykA, 4r. Seller - Lois G. Mateyka Purchaser aul ateyka 5Z � Purchaser 1 .STATE OF MINNESOTA ss .COUNTY OF RAMSEY AFFIDAVIT I, Paul J. Mateyka, Jr., of St. Paul, Minnesota, do hereby swear that I have no interest in any other liquor establishment in the State of Minnesota. Paul 6Y. hateyka r. Subscribed and w r �1 s o n to before me this day of July, 1995 in the County of Ramsey, State of Minnesota. °' "•• PATRICIA E. FRY Notary Pu NOTARY FUBUC • MINNESOTA o �• MY COMMISSION EXPIRES `'N °•' .JANUARY 3i, 2000 ri %r�P CITY OF 1 4��J r �, } I 0 D 1830 E. COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 OFFICE OF CITY CLERK 612 -770 -4520 NOTICE OF HEARING ON INTOXICATING LIQUOR LICENSE NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood, a public hearing will be held on the 11th day of September, 1995, starting at 7:30 P.M. in the City Hall, 1830 East County Road B, to consider the application of the following individual for Intoxicating Liquor License: Paul J. Mateyka, Jr. 1443 South Smith Avenue West St. Paul, Minnesota such license to be located at 1986 Rice Street, Maplewood, Minnesota. The Council is proceeding in this matter as outlined under the provisions of City Ordinance. Such persons as desire to be heard in reference to this matter will be heard at the time and place as indicated. PUBLISH: WEEK OF AUGUST 28, 1995 < TRANSACTION REPORT > C T FR ocs,"S M I T NO. DATE TIME DESTINATION STATION 08--22 --1995 C TUE > 10: 35 PG. DURATION MODE RESULT 20032 8 -22 10 :34 612 777 8288 1 0 0 00'41 NORMAL OK 1 0 00;'4:1 " AGENDA ITEM ' AGENDA REPORT TO: City Manager FROM: City Engineer SUBJECT: Concordia Arms Crossing DATE: September 5, 1995 Action by Council: jgndoxsed- .�- Modif ie Rej ected ]Date Attached is a letter from the Ramsey County Traffic Engineer outlining a number of crossing options at Concordia Arms. The letter outlines four options: 1. Retain the existing marked and signed crosswalk. This situation has existed since the center opened approximately 15 years ago. The crosswalk has operated safely during that period except for one recent accident that cannot be blamed on lack of control devices. 2. Pedestrian flashers. This proposal would call attention to the existing crosswalks signs and crosswalk by adding flashing amber lights. The lights would be activated by the pedestrian by means of a push button at the crosswalk. Traffic would only be interrupted when the crosswalk was occupied. The investment for this type of installation ranges from $3,000 to $10,000. 3. Stop signs. This option involves installation of mid -block stop signs on Lydia Avenue. All traffic would have to stop for the crosswalk. This P rovides a major inconvenience for drivers along Lydia Avenue. Mid -block stop signs, particularly on a collector street such as Lydia, have a very high violation rate. It is unreasonable to expect that all drivers will stop for this type of installation. Staff strongly recommends against installing stop signs mid -block on Lydia Avenue. 4. Pedestrian traffic signal. This option involves installation of a pedestrian activated traffic signal at the crosswalk. This installation would maintain a green light for Lydia Avenue except when a pedestrian crosses the street. This type of installation is a major expenditure estimated at approximately $35,000. Based on the information provided by the count traffic engineer and past performance Y 9 p p of the existing system, it is recommended that the current crosswalk and signage be retained at the Concordia Arms crossing of Lydia Avenue. KG H jc Attachment Department of Public Works , Paul L. Kirkwold, P.E., Director and County Engines?,A r ADMINIS'T'RATION /LAND SURVEY o l t 50 West Kellogg Blvd., Suite 910 St. Paul, MN 55102 • (612) 266 -2600 • Fax 266 -2615 -- r-~ �5L August 14, 1995 Mr. Kennet G. Haider City Engineer City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Ken: DING /UI'I��IZA'I'IONS I��NG INI� I� : Y , 3377 N. Rice Street Shoreview, MN 55126 (612) 484 -9104 • Fax 482 -5232 The Ramsey County Public Works Department has received the request from the City of Maplewood to evaluate the pedestrian crossing on Lydia Avenue between Concordia Arms and the Plaza 3000 shopping center. The residents of Concordia Arms have asked that the crossing be improved to enhance P edestrian safety. I was able to discuss the pedestrian crossing issue with Ceil Starezny, a resident, and Pat Rangintsch, the manager, of Concordia Arms. The primary concerns of the residents are the safety of the crossing as it relates to speeding on Lydia P g Y Avenue, ignorance of drivers with regard to pedestrians in general and the possibility of increased traffic in the future. Another major concern is the age of the pedestrians and the length of time it takes to cross Lydia Avenue. The general feeling of the residents at Concordia Arms is that the existing pedestrian crossing is not adequate. The current pedestrian crossing connects the parking lot of Concordia Arms to the back parking lot of Plaza 3000 Shopping Center. It cresses Lydia Avenue m -block between the two driveway entrances'to Concordia Arms. The edestrian crossin • P g has a painted crosswalk and pedestrian signs. Advance pedestrian signs are also inplace prior to the crossing in both directions. The marked crosswalk and signs are inplace and in good condition. Lydia Avenue is a four lane road, 50 feet wide at the crossing. The speed limit on Lydia Avenue is 30 mph. A review of accident records by Ramsey County indicates one accident at this pedestrian crossing in the time P eriod of January 1990 to the present. The accident occurred in November 1994 and involved a pedestrian and a Maplewood police vehicle. A review of sight distance by Ramsey County indicates adequate sight distance is available in either direction for both pedestrians and motorists. Minnesota's First Home Rule County printed on recycled paprr �;ith a minimum of 1W4 pom - consumer content fwrtit Mfg Based on the above information a number of options are available for this pedestrian crossing. The options are as follows: 1. MARKED AND SIGNED CROSSWALK This option essentially perpetuates the existing crossing. The County will continue to paint the crosswalk and maintain the pedestrian signs. The residents position is that the existing crossing is not adequate; however, with the exception of the one accident the crossing has been operating safely. 2. L?EDESTRIAN FLASHERS / WARNING DEVICES The existing pedestrian signs could be equipped with amber flashing lights to warn drivers that a pedestrian is crossing Lydia Avenue. The flashers would be installed at the pedestrian advance signs to notify drivers and allow them to slow down prior to the crossing. In order for a flasher to be effective it should be activated by the pedestrian rather than on continuous flash. This could be accomplished by a push button at the crosswalk. Another possibility would be to install overhead, internally lit "Crosswalk" signs with built in amber flashers. These signs would also be activated by a pedestrian and flash only when someone was using the crossing. These options do not require the vehicles on Lydia Avenue to stop. The flashers supplement the warning signs and help bring greater attention to the crosswalk. Flashers such as these have been installed in conjunction with school speed Zones, fire stations, etc. at other locations in Ramsey County. The cost for installation and maintenance is the responsibility of the municipality. Estimated cost for this type of installation would range from $3,000.00 to $10,000.00 depending on the complexity. 3. STOP SIGNS This option would install stop signs on Lydia Avenue at the crosswalk. Under this option all vehicles on Lydia Avenue would have to stop at the crosswalk regardless if a pedestrian was present. This operation would result in increased delays to drivers on Lydia Avenue. The stop sign may also result in a false sense of security for pedestrians. Stop signs are ineffective at locations where drivers would not normally expect to stop and violations become more frequent. It is not recommended that stop signs be installed in this situation. 4. PEDESTRIAN TRAFFIC SIGNAL This option would install a traffic si on L Avenue at the crosswalk which will control movements of both the vehicles and. pedestrians The traffic si would remain g reen for traffic on L Avenue until activated. b a pedestrian. If activated b a pedestrian the traffic si would t red for vehicular traffic and provide a timed "walk" li for pedestrians. The traffic si would then revert back to a g reen for L Avenue traffic. A pedestrian traffic si at this location is not warranted as per the Minnesota Manual on Uniform Traffic Control Devices. The pedestrian si warrant re 100 or more pedestrians crossin per hour for four hours. Ramse Count will not participate in traffic. si installations that are not warranted as per the Ramse Count Traffic Si Polic Installation ma be permitted at the cost of the municipalit Estimated cost of a pedestrian traffic si on L Avenue is $35,000.00 Please review the above alternatives on behalf of the Cit of Maplewood. If you would like to discuss these alternatives in further detail please feel free to g ive me a call. Sincerel Daniel E. Soler, P.E. Traffic En 11-V cc: Hal Nor - Ramse Count Commissioner Ceil Starezn - Concordia Arms MEMORANDUM TO: From: Subject: Location: Date: Endorsed..... -,. ,............ City Manager Modified,. Melinda Coleman, Community Development Director Rejected Lawn - irrigation Variance —The Homestead at Maplewood. Datiq 1890 Sherren Avenue September 5, 1995 INTRODUCTION Mr. David DeCamilla, of the Volunteers of America (VOA), has informed staff that VOA has decided to install the lawn irrigation system and has requested that their application be withdrawn. The contractor began installing the system last Friday, September 1. At the August 28 City Council meeting, there were several items that staff was asked to check regarding this project. Following is a status report on these items: • Privacy fence along east property line: Staff has checked the fence, and it was constructed to the plan specifications and is in compliance with the zoning code. • Contractor vs. VOA responsible for project completion:. Staff is holding a cash escrow of approximately $7,300 for the completion of landscaping requirements. The contractor paid the cash deposit and is responsible for the satisfactory completion of these items. • Erosion control: Staff will ask the public works department to review the site and ensure that any erosion problems be properly corrected prior to release of escrow funds. ADA noncompliance with curbing by path: ADA requirements are not enforced by the city. This responsibility falls to the owner of the project and their architect. However, the Building Official reviewed the site plan and indicated that it appears the sidewalk is not in violation of ADA because the owners have provided the proper ramps elsewhere in the project. General lawn maintenance: Staff spoke with a representative from VOA who indicated that there are staff on site who are responsible for lawn maintenance. She also noted that there are some dead trees that will have to be replaced. Their agreement with the landscaping company guarantees replacement of these trees. This also includes the sodded and seeded areas. RECOMMENDATION Withdraw the lawn irrigation variance for the Volunteers of America Homestead at Maplewood at 1890 Sherren Avenue as the applicant has now installed the required system. Staff will continue to monitor the landscaping, maintenance and erosion issues and make sure all matters are resolved prior to releasing the cash escrow. p:lvoa SENT BY : 9- 6 -95 ? : 46PM BANN I GAN & KELLY -. 61-2- 770 4506:# ?t 3 Bann i �' Kelly A T T (J R N C Y S A 'I' f. A W 17.50 Nc.)wni CENTRAL LIFE TOWER 445 MUNN1✓.ti(a'1'.A ;i't'ItL - l SAINT PAUL, MINNESOTA 55101 JOHN F. BANNIGAN, .1R. PAFIOCK ). KELLY JA&IE.,S 1. HANTON JANET M. WILEBSKI JOHNW. QU ARNtiTROM Septem 6, 1995 Mr. Michael McGuire . City Manager Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 --2797 .lie: Firefighters Relief Request for Dej cien+cy Dear Mr. McGuire: _- 3 (Al2) '? 4 -3781 1'AX t.61:2) 2 -X111 Action by Counoil EndorPed Modified.,...., This office has been advised of a question raised by the Maplewood Firefighters Relief ,association regarding an alleged deficiency in the contribution required to fund the 1994 pension contribution. The question was recently raised regarding the power of the Relief Association to enforce the collection of any such deficiency. Please be advised that Minn. Stat. 569.77, Subd, 2e provides, in part, that "If the municipal does not include the full amount of the in nimum obligation of the municipality ... the officers of the relief association shall certify the amount of any. deficiency to the county auditor. Upon verifying the existence of any deficiency in the levy certified by the municipality, the county auditor shall spread a levy over the taxable property of the municipality in the amount of the deficiency, certified to by the officers of the relief association." (Emphasis added) Litigation concerning this specific statutory provision is currently pending; in Hennepin County. The Minneapolis Firefighters Relief Association certified a deficiency to the Hennepin County Auditor. The ;county auditor allegedly verified the existence of that deficiency and was re ared P P to spread that levy with the next property tax statement. The City of Minneapolis commenced a civil action. in order to obtain a judicial interpretation of this provision. That matter is still pending, we have placed a call to the County Attorney's office as to the status of the matter. It is our opinion that the statute does appear to provide a relief association with an alternative method of co'llecting a contribution. It Would appear that the relief association could actually SENT BY: Mr. Michael McGuire September 6,'.) 995 Pa -2- 9- 6-95 2:47PM BANNIGAN & KELLY 4 612 770 4306; # 3/ 3 circumvent the municipalit and g o directl to the count auditor. However, the count auditor still has the re's'ponsibilit to "verif the existence of an deficienc before, takin further action. It appears in the present case that the deficienc ma be the responsibilit of a different rnu-nicipality,,. !! : Therefore, the Ramse Count Auditor mi have some difficult in verif an deficienc specific to the Cit of Maplewood, We Will -update y our office as soon as additional information is obtained re the Hennepin Count liti If y ou have an further q uestions, please contact, this office immediatel Sincerel y ours, BANNIG & KELLY, P.A. 2 Patrick J. Vie. PJK:lm c: Ms. Lucille Aurelius AGENDA T ' 00 ' AGENDA REPORT Action by Council: ` TO: City Manager Endorse FROM. City Engineer Modified--- � ., ]RejeGte Date SUBJECT: Driveway Appeal, 2465 Flandrau Street DATE: September 5, 1995 Recently Lee Yang and Seng Vang constructed a garage addition and new driveway to their home at 2465 Flandrau Street. The third garage was added to store a large boat. The driveway was reconstructed as part of the project and exceeds the city's standard for residential driveways. The new driveway is 30 feet wide to match the three -bay garage. The city code establishes a maximum residential driveway width at 22 feet. The code was established during a time when double garages were the norm. The applicants have submitted a petition that is attached representing the vast majority of property owners along Flandrau Street. The petition indicates that virtually no one on the street has a problem with the wider driveway. This item has been brought to the council's attention because it is a special case and because it is a special situation that is becoming more common. Three-bay garages es g are relatively frequent in new home construction. The city council may want to instruct staff to investigate changing the ordinance to allow for wider driveway widths. In any case, staff has no particular concerns with the appeal before you this evening. KGH jc Attachment l= Lee Yang / Seng Vang 2465 F1 andrau Street Mplwd, MN 55109 August 22 , 1995 City of Maplewood 1830 East County Road B Maplewood, MN . } 'i • t To Whom It May Concern: The main purpose for remodeling our house was so that we would have a big garage and driveway to back in and out our boat. If you make us cut out part of the driveway now, than the whole remodeling project would have been a bi g waste of time and money. We have a big boat, therefore we will not be able to use the garage and driveway as it was intended for. The third garage was built especially long to fit the boat. We spent nearly $18,000 for this project. ec t . Nobod � Y� including the contractors and neighbors, told us that there was a city restriction. We would not have built a third garage if we had known that we couldn't have a straight driveway ( the way it is now) . We have not done anything bad to our house, that will cause a decrease of property values to our neighborhood or to the city of Maplewood. Enclosed i s . a list of all neighbors who have no objection(s) to keeping our driveway the way it is. Enclosed please find a signed petition regarding our driveway. Thank you for your understanding and cooperation's. Sincerely, Lee Yang •- Seng Vang THIS IS A PETITION REGARDING THE VANGS' DRIVEWAY ON 2465 FLANDRAU STI MPLWD Au 22, 1995 I have seen the Van drivewa I have no objection(s) about the size,.-of it. As far as I am concern it should remain as it is. 1. 2. 3. 4. 5. 6 7. 8 * * 9:. 10.. 11. 12. 13. 14. 15. 16. 17. 4 18. 19. 20. 21. 22. �� �L3 - --o o& YJ � s��:� ` ���I / �'� � �/ �� M fg/ 01 �� M OF -OU I Ck V (A Li '45 6 E l T7 g i s f ' Gil I�� L 7 75- �� �� r THTS TS A PETITION REGARDING THE VANGS' DRIVEWAY ON 24 FLANDRAU ST, MPLWD August 22, 1995 I have seen the Vang's driveway. I have no objection(s) about the size - of it. As far as I am concern it should remain as it. is. fA U to 7 ,� . r Z So •� 1 J 1 /, �� t �'� , Total of families in the neighborhood -� .. 00 � diole . - % - ** C s 0) loop A� 1 1 O 4• 0 o N � Cfl �2 t �• 264) o �5 - -- c � ! 5 o G � 1 (.37 �. 37 a c) (39) %n (40) (4 I U7 Z 6 - 0 (73� (11 'ce 0 14 (b o m I r 7 � Z N 'd 400 ,4,6' oeo _ 50.01 1 L SS1. '3.0: . T S.4IIN� .I .. w1 "t '5 - 14 - boo i n r .n R �. 3S T�`•3� J 51.6 • 'r►1 3 3 on So lt sT r✓ r eo• 90 .S 30 I 5 �g.qS .4 3o.sg� 1.39 ac. T ,� o � O O.L. �^_' >" IM APLE WOOD 3 2) o ,` K PARK $ Q� C 4 > 9. 0 16 47 2 010 AVE 0 006 (10) �4 2 .. M 8 1 040 J s.� 0 z S 0 .1 0 dto. . o � � O 4.o 19 o APPLICANT u 2 1 050 �° J 07 ; 3 01' 6 90.64 30• l � � l 5 G 0 }--- P-3, v 4 o ,�3• O r U C �, 24 3 2 ,• .2b (22) NEIG POP 54 I.60nc. ozo N O ��` o I Q o o o 4 38) ( ) () C , a ..... .. N iiw o LL co 0 V 6— 33 1• r o16 Ica 5 A Z5 r f_r1 # , t N 'Y4 1 �I n n• � I 2851.84.' • 14 i��. . • n - - / M 30 4S' 45' � .vs' C I, O 331.43' M g 331,