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2004 08-23 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 23, 2004 Council Chambers, City Hall Meeting No. 04-18 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Mayor's Address on Protocol: Welcome to the meeting of the Maplewood City Council It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. D. APPROVAL OF MINUTES 1. Minutes from the Council/Manager Workshop-August 9, 2004 2. Minutes from City Council Meeting-August 9, 2004 E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Transfers to Close Project Funds 3. State Aid Bonds Certification 4. Final Plat -Chesapeake Retail Center (White Bear Avenue and County Road D) 5. Conditional Use Permit Review -Budget Towing (1291 Frost Avenue) 6. Conditional Use Permit Review -Keller Golf Course (2166 Maplewood Drive North) 7. Conditional Use Permit Review - Schlomka Over-sized Accessory Building (1501 Henry Lane) 8. County Road D Realignment (East), Project 02-07 -Approve Easement Acquisitions Item Pulled 9. County Road D Realignment (West), Project 02-08 - "No Parking" Resolution 10. White Bear Avenue Sidewalk at Highway 36, City Project 02-19 -Resolution Approving Conditions of MnDOT Limited Use Permit 11. Salary Range-IT Director G. CONSENT AGENDA (continued) 12. Donation to Maplewood Police Reserves 13. Safe & Sober Grant Resolution 14. Church of St. Jerome -Temporary Gambling Resolution 15. Frontline Church -Carnival License Fee Waiver H. PUBLIC HEARINGS 1. 7:00 Hillside Estates (Springside Drive) Preliminary Plat Zoning Map Change - F (farm residence) to R-1 (single dwellings) I. AWARD OF BIDS J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Springside Drive, Project 03-36 -Resolutions for: a. Approve Plans and Advertising for Bids b. Order Assessment Roll c. Ordering Assessment Hearing 2. Feed Products and Service (1300 McKnight Road North) a. Conditional Use Permit Review b. License Agreement 3. Pawn Shop Ordinance -First Reading L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS Change of Meeting Date N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings -elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understoodthat everyone willfollow theseprinciples: Show respectfor each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item D1 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, August 9, 2004 Maplewood Room, City Hall 6:30 p.m. A. CALL TO ORDER B. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present Others Present: C. City Manager Fursman Assistant City Manager Coleman City Engineer Ahl City Clerk Guilfoile Dan Kaler, Superintendent of School District 622 Dan Schmidt, Principal of Castle Elementary and Facilitator of District 622 Strategic Planning Process Cathy Miller, 622 School Board Member APPROVAL OF AGENDA Councilmember Monahan-Junek moved to approve the agenda as presented. Seconded by Councilmember Juenemann Ayes-All D. NEW BUSINESS 1. Dan Kaler-School District 622-No Report Superintendent Kaler provided an overview of School District 622 and introduced the Strategic Planning Process. Dan Schmidt shared the Strategic Planning Process to the council explaining the participants and process goals. Cathy Miller addressed the council to provide further details of the Strategic Planning Program. E. FUTURE TOPICS F. ADJOURNMENT Councilmember Juenemann moved to adjourn at 6:57 p.m. Seconded by Councilmember Monahan-Junek Ayes-All A. B. C. D. DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M. Monday, August 09, 2004 Council Chambers, City Hall Meeting No. 04-17 CALL TO ORDER: Agenda Item D2 A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:03 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE A moment of silence was held for: ^ Four-year-old Maplewood resident Jennifer Haffely ^ Former Ramsey County Commissioner and North St. Paul Teacher Hal Norgard ^ Former Fire-fighter Wayne Lindahl Mayor Cardinal acknowledged the following Maplewood residents serving overseas: ^ William Cockriel ^ Mathew Ahlness ^ Bill Riser Jr. ^ Kathryn Nieters ^ Mathew Hite ROLL CALL Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan-Junek, Councilmember Will Rossbach, Councilmember Present Present Present Present Present Mayor's address on protocol. APPROVAL OF MINUTES 1. Minutes from the City CounciUManager Workshop-July 26, 2004 Councilmember Juenemann moved to approve the minutes from the July 26, 2004 City Council/Mana,~er workshop as amended. Seconded by Councilmember Monahan-Junek Ayes-All 2. Minutes from the City Council Meeting -July 26, 2004 Councilmember Juenemann moved to approve the minutes from the July 26, 2004 City Council Meeting as amended. City Counci108-09-04 E. F. Seconded by Councilmember Koppen APPROVAL OF AGENDA Ml . Meeting Date M2. Smoking Ban M3. Japanese Tour of South End M4. National Night Out Follow-up M5. Absentee Voting M6. Transfiguration Church M7. Mayor's Forum Ayes-All Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes-All APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA Councilmember Monahan-Junek moved to approve consent agenda items 2-5, 7-13 as presented. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to approve consent agenda item 1 as presented. Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to approve consent agenda item 6 as presented. Seconded by Councilmember Monahan-Junek Ayes-Mayor Cardinal, Councilmembers, Juenemann, Koppen and Monahan-Junek Nays-Councilmember Rossbach Councilmember Rossbach moved to approve consent agenda item 8 as presented. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to approve consent a,~enda item 10 as presented. Seconded by Councilmember Koppen Ayes-All Councilmember Juenemann moved to approve consent a,~enda item 11 as presented. Seconded by Councilmember Rossbach Ayes-All City Counci108-09-04 2 1. Approval of Claims ACCOUNTS PAYABLE: $ 1,562.05 Checks # 64446 thru # 64449 dated 7/20/04 thru 7/26/04 $ 1,376,989.82 Checks # 64450 thru # 64504 dated 7/27/04 $ 2,293,941.96 Disbursements via debits to checking account dated 7/16/04 thru 7/22/04 $ 422,842.35 Checks # 64505 thru # 64579 dated 8/03/04 $ 143,012.56 Disbursements via debits to checking account dated 7/23/04 thru 7/30/04 $ 4,238,348.74 Total Accounts Payable PAYROLL $ 438,304.20 Payroll Checks and Direct Deposits dated 7/30/04 $ 1,260.90 Payroll Deducrion check # 98238 thru # 98239 dated 7/30/04 $ 439,565.10 Total Payroll $ 4,677,913.84 GRAND TOTAL 2. Temporary Liquor - St. Jerome's Church Approved the temporary beer and temporary liquor (wine only) licenses for Father Ken Ludescher, representing St. Jerome's Catholic Church. 3. Temporary Gambling -Hill-Murray School Adopted the following resolution approving the temporary gambling license for Mary Kaase, on behalf of Hill Murray School to be used on October 1, 2003: City Counci108-09-04 3 RESOLUTION 04-08-145 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Hill Murray School, 2625 Larpenteur Avenue East, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 4. Carnival License -Ramsey County Sheriff's Department -Fright Farm Approved the Special Use Permit for Brad Camitsch for the Ramsey County Sheriff's Department for their annual "Fright Farm". Computer Laptop Purchase-Councilmembers Approved the purchase of five laptop computers and Internet service for use by the Mayor and Councilmembers. 6. Infiltration/Inflow Reduction Program (Sanitary Sewer Program), Project 04-22 - Approve Contract with SEH, Inc. for Investigation of Sump Pumps Approved the proposal from SEH Engineers for the Sump Pump Investigation Project and authorized the Director of Public Works to proceed with the project. 7. Hazelwood/County Road C Area Streets Reconstruction Program, Project 03-18 - Approve Revised Project Financing Plan Adopted the following resolution approving the revised prof ect-financing plan for Hazelwood/County Road C Area Street Improvements, City Project 03-18: RESOLUTION 04-08-146 REVISING PROJECT FINANCING PLAN FOR HAZELWOOD/COUNTY ROAD C STREET IMPROVEMENTS, CITY PROJECT 03-18 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of Hazelwood/County Road C Area Street Improvements, and authorized the finance director implement a financing plan for the project, and WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction City Counci108-09-04 of Hazelwood/County Road C Area Street Improvements, and City Project 03-18, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, based on the bid prices in that contract, it is now expedient that the financing plan for the project be revised to reflect the projected construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the finance director is hereby directed to revise the financing plan for the Hazelwood/County Road C Street Improvements project as follows: Street assessments: $ 740,664 (33 %) Storm assessments: $44,475 (2%) Sanitary Sewer Utility Fund: $174,000 (8 %) Environmental Utility Fund: $225,000 (10%) SPRWS Obligation: $30,924 (1%) City debt service: $ 1,018,954 46% Total $2,234,017 (100%) Authorize New Position and Funding for Part-time Clerk-Typist Position in Public Works Authorized the hiring of one regular part-time clerk-typist in the public works department, and authorized the finance director to make the appropriate budget adjustments. 9. County Road D Realignment (East), Project 02-07 -Approve Easement Acquisitions Item Pulled 10. Fall Clean-up Day Update Approved to schedule the fall cleanup date for October 6, at Gethsemane Lutheran Church at 2410 Stillwater Avenue from 8 a.m. to 12 p.m. 11. 2004 Waterfest Wrap-up Accepted the Waterfest wrap-up report from DuWayne Konewko, Environmental Management Specialist. 12. Traffic Signal Maintenance Agreements Approved and authorized execution of Agreements PW2003-24, PW2003-26 and PW2003-27. 13. Certification of Election Judges City Counci108-09-04 Accepted the following list of election judges for the 2004 Primary Election to beheld on Tuesday, September 14~, 2004: Anderson, Cynthia Hines, Constance Nieman, James Anderson, Elsie Holzemer, Mary Nieters, Louise Anderson, Ronald Horton, Shirlee Norberg, Ann Marie Anderson, Suzanne Hustings, Kevin Olson, Mary Barrett, Marlis Iversen, Mildred Olson, Norman Bartelt, Joan Janacek, Jeff Orlando, Sallye Belland, Jaime Jensen, Barbara Jean Pauley, Phyllis Berger, Carole Johannessen, Judith Pederson, Vern Berger, Merv Johnson, Barbara Pehl, David Berry, Bud Jones, Victoria Petersen, Karyl Bortz, Jeanne Kandler, Dorothea Poleceh, Bev Bowman, Kim Keenan, Jane Radermacher, Karla Breidenstein, Anna Kidman, Marilyn Randolph, Linda Brown, Donna King, Helen Reeves, Heide Bunde, Jennette Kirchoff, Harold Rempel, Lovella Button, Joan Koch, Rosemary Robinson, Robert Cahanes, Lucille Korolchuk, Nicole Rossi, Rose Marie Campbell, Lyla Koval, Harry Rudeen, Elaine Carr, Robert I~rekelberg, Mona Lou Ryan, Kendra Cofield, Jean I~rominga, Josephine Sajevic, Florence Connelly, Thomas Kunde, Margaret Schaaf, Larry Davidson, Mae Lackner, Marvella Schneider, Mary Ann Davidson, Marianne Lagoon ,Brad Schoenecker, Sandy Dickson, Jean Lally, Rita Schroepfer, Don Droeger, Diane Larson, Anita Schroepfer, Harriet DuCharme, Fred Lash, Nancy Schulte, Paula Duellman, Audrey Lauren, Lorraine Shaul, Brian Eickhoff, Carolyn Leeman, Anita Shore, Theresa Elmquist, Denise Leiter, Barbara Skluzacek, Evelyn Erickson, Elizabeth Leo, Ann Sonnek, Theresa Erickson, Elizabeth Leo , Pati Spangler, Bob Fischer, Lorraine Leonard, Claudette Spies, Louis Fischer, Mary Lincowski, Steve Stafki, Tim Fitzgerald, Delores Lincowski, Vi Stark, David Fitzgerald, Edward Locke, Christine Stevens, Sandra Fosburgh, Anne Lofgren, Delores Taylor, Lorraine Foster, Lucille Lofgren, Richard Taylor, Rita Frederickson, Rita Lundgren, Robert Thompson, Milo Fredine, Don Luttrell, Shirley Thompson, Pat Freer, MaryJo Maeyaert, Paul Tillman, Leila Fuller, Mary Mahre, Carol Tolbert, Franklin Gelao, Beverly Mahre, Geri Tomaszewski, Carmen Gierzek, Clarice Manders, Rose Marie Trippler, Dale Gilstad, Mark Manthey, John Trooien, Gerry Golaski, Diane Marsch, Delores Unger, Connie Granger, Betty Maskrey, Thomas Urbanski, Holly Grant, Guy Mechelke, Geraldine VanBlaricom, Beulah Grant, Mary Meyer, Jackie Vandeveer, Barbara Gullickson, Ray Misgen, Joan Vangas, Vilhelmine Haavisto, Wendy Moen, Bill Vatne, Mary Haines, Joseph Mollers, Katherine Wagner, Connie Hayde, Walter Mossong, Betty Wandersee, Gene Hecht, Lloyd Muraski, Gerry Wasmundt, Gayle Heinenger, Gordon Muraski, Howard Willy, John Hensley, Pat Myster, Thomas Witschen, Delores City Counci108-09-04 6 H. PUBLIC HEARINGS 1. 7:35 p.m. Conditional Use Permit -Commercial Vehicles (65 Larpenteur Avenue) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: David Conover, the applicant Marion Peiffer, 1704 Gurney Street, Maplewood Don Smeja, 1706 Abel, Maplewood Grant Lindblom, 1715 Abel, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution a~provin~ a conditional use permit for David Conover to store or park up to three heavy commercial vehicles (two trucks and loader) on the property at 65 Larpenteur Avenue East: CONDITIONAL USE PERMIT RESOLUTION -HEAVY COMMERCIAL VEHICLE AND EQUIPMENT STORAGE AND PARHING 04-08-145 WHEREAS, Mr. David Conover is requesting that Maplewood approve a conditional use permit to store and park three heavy commercial vehicles (two trucks and a loader) on the property he owns at 65 Larpenteur Avenue East. WHEREAS, this permit applies to the property at 65 Larpenteur Avenue East. The legal description is: 1. Saint Aubin and Dion's Rice Street Addition, Lots 11-13, Block 13 (PIN 18-29-22-34-0088) and 2. Saint Aubin and Dions's Rice Street Addition, Lots 14 and 15, Block 13 (PIN 18-29-22- 34-0061) WHEREAS, this history of this conditional use permit is as follows: 1. On July 19, 2004, the planning commission recommended that the city council approve this permit. 2. On August 9, 2004, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described City Counci108-09-04 conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The owner or operator of the trucks and equipment doing the following: a. Residing on the property. b. Parking the trucks and equipment in an enclosed structure or on a gravel surface driveway or parking pad that meets the applicable city code requirements. The parking location for the vehicles shall be as close to the existing driveway and the house as possible. The owner shall provide berming around any outdoor parking area that will contain any fluids that may leak from the trucks and commercial equipment. c. Not parking the trucks or commercial equipment on a public street. 2. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than two periods, lasting thirty (30) minutes each, in one twenty-four (24) hour period. There shall not be any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m. City Counci108-09-04 3. There shall be no dumping or storage of construction or building materials or supplies on the property. 4. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. 6. The city council shall review this permit in one year. 7. This permit shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. Seconded by Councilmember Rossbach Ayes-All 2. 8:00 p.m. Springside Drive Extension--West of Sterling St., Project 03-36 - Resolution Ordering Improvement after Public Hearing City Manager Fursman presented the report. b. Civil Engineer Erin Laberee presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to adopt the following resolution orderin tg he improvement of the Springyside Street Extension, City Project 03-36: RESOLUTION 04-08-146 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 26th day of July, 2004, fixed a date for a council hearing on the proposed street improvements for the Springside Street Extension, City Project 03-36, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on August 9, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood makes improvements to the Springside Street Extension, City Project 03-36. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the City Counci108-09-04 9th day of August 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $162,429.41 shall be established. The proposed financing plans is as follows: Assessments $ 117,731 (72 %) Sanitary Sewer utility Fund 8,117 (5 %) WAC Fund, (SPRWS System) 7,556 (5%) City general tax levy $ 29,026 18% Total: $ 162,430 (100%) Seconded by Councilmember Koppen Ayes-All I. AWARD OF BIDS Street Seal Coating Program -Project 04-20 -Award Contract City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to award the bid for 2004 Seal Coat Project 04-24 to Allied Blacktop, based on their low bid of $92,400.00. Seconded by Monahan-Junek Ayes-All J. UNFINISHED BUSINESS None K. NEW BUSINESS Chesapeake Retail Center PUD Revisions (3091 White Bear Avenue) a. Buffalo Wild Wings Design Revision Approval b. Sign Plan Changes City Manager Fursman presented the staff report. b. Planner Finwall presented specifics from the report. Jeff Wurst, representing the Chesapeake Retail Company Councilmember Monahan-Junek moved approval of Chesapeake Companies design plan changes for the Buffalo Wild Wings building at the Chesapeake Retail Center located at 3091 White Bear Avenue. These changes are based on the revised Buffalo Wild Wing's building City Counci108-09-04 10 elevations and landscape plan date-stamped June 28, 2004. The developer or owner shall do the following (changes to the original May 24, 2004, approved conditions are underlined if added and stricken if deleted): Repeat this review in two years if the city has not issued a building permit for all three buildings for this project (Buildings B, C, and D). 2. Submit the following to city staff prior to issuance of a grading or building permit: Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's April 26, 2004, engineering plan review as well as the following: A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. b. Obtain a demolition permit for the removal of the existing Maplewood Movie I Theater building. Obtain the required Ramsey/Washington Metro Watershed District permits. d. Submit payment for all required Park Access Charges (PAC fees) as specified in the Park Director's April 14, 2004, correspondence to Chesapeake Companies. Submit an easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. £ Submit an easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. g. Submit an owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). h. Submit a revised site plan showing the following: 1) The dedication of 10 feet of additional right-of--way along White Bear Avenue. 2) The dedication of 17 feet of additional right-of--way along County Road D. 3) Building C (TGI Fridays) and Building D (Jared Jewelers) shifted approximately five feet to the south, or a lesser distance, to accommodate a future driveway located to the north of Building C that would extend onto White Bear Avenue. 4) Pending continued cooperation with the adjacent property owner, show the location of a driveway and pedestrian cross-access on the south side of the property, to accommodate entrance and egress to and from the southerly property (3065 White Bear Avenue). 5) The extension of the sidewalk in front of Building A (future retaiUrestaurant) onto the County Road D trail. City Counci108-09-04 11 6) A pedestrian access extending from the White Bear Avenue sidewalk. A revised landscape plan, subject to review and approval by staff, that shows the following: 1) Pending a shared driveway scenario with Arbys, a revised landscape plan showing the area of disturbance and landscaping proposed. 2) Seven additional trees on the west side of the property, between the sidewalk and the Maplewood Mall road. 3) Additional plantings in front of Jared Jeweler's dumpster enclosure to help screen the enclosure from White Bear Avenue. 4) A foundation landscape plan for TGI Fridays and Buffalo Wild Wings. These plans should be consistent and complement the overall landscaping and Jared Jeweler's foundation plantings, and should ensure appropriate plantings in front of all dumpster enclosures to ensure screening from the roadways. 5) An underground irrigation plan to ensure all landscaping is irrigated per city code. Revised building and dumpster enclosure elevations showing the following: TGI Fridays: 1) Removal of the EIFS building material and replacement with brick, granite, and/or stone building materials and consistent building detail, including parapet walls, on all elevations of the building. 2) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100- percent opaque gate. Jared Jewelers: 1) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100- percent opaque gate. Buffalo Wild Wings: 1) The removal of the split face C.M.U. wainscot on all elevations and the replacement with a brick wainscot. The brick must be compatible with the building. 2) The addition of windows (either true or false windows), or other desi,~n elements to help break up the wall on the west and east elevations. The removal of the concrete masonry block under the Plexiglas fence, and replacement with brick, which is compatible with the building. The overall height of the fence is not to exceed 6 feet. ~~ Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100- percent opaque gate. ~~ A 6-foot-high fence around the proposed outdoor patio to be approved by the city council prior to issuance of a liquor license for Buffalo Wild Wings. k. A revised outdoor lighting and photometric plan. The revised plan shall show the exact location, height, and style of all outdoor lights. The light illumination from all outdoor City Counci108-09-04 12 lights may not exceed .4-foot-candles at all property lines. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Prior to issuance of sign permits, the following must be submitted: Sign plans and elevations for Buildings B, C, and D as follows: 1) One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The TGI Friday's and Jared Jeweler's freestanding signs must maintain a 5-foot setback to the White Bear Avenue right-of--way and a 10- foot setback to all side property lines. The Buffalo Wild Wing's freestanding sign must maintain a 1-foot setback to the County Road Dright-of--way and a 5-foot setback to the side property line. All three freestanding signs must have a decorative base constructed of quality building materials to match the corresponding buildings. 2) Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall area on which the sign is attached. Wall signs are not permitted on a canopy. b. A detailed landscape plan for the base of all three proposed freestanding signs. 4. Complete the following before occupying the buildings: a. Install all required exterior improvements. b. Screen all roof-mounted equipment visible from streets. 5. If any required work is not done, the city may allow temporary occupancy if: The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 6. All work shall follow the approved plans. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. 7. Building A and signs associated with Building A are not included in this community design review approval. Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers Koppen, Monahan-Junek and Rossbach Nays-Councilmember Juenemann Councilmember Koppen moved to adopt the following resolution approving Chesapeake City Counci108-09-04 13 Companies' planned unit development amendment for si n~ chan,~es for the multi-tenant building at the Chesapeake Retail Center located at 3091 White Bear Avenue. (Additions to the original planned unit development conditions are underlined): CONDITIONAL USE PERMIT RESOLUTION 04-08-147 WHEREAS, Chesapeake Companies Development Group, LLC, applied for a conditional use permit for a planned unit development to construct four restaurant/retail buildings for a development known as Chesapeake Retail Center. WHEREAS, this permit applies to the property at 3091 White Bear Avenue. The legal description is Lot 1, Block 1, Maplewood Mall Addition. WHEREAS, the history of this conditional use permit is as follows: 1. On May 3, 2004, the planning commission reviewed this request and made a recommendation about this permit. 2. On May 24, 2004, the city council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. City Counci108-09-04 14 Approval is subject to the following conditions: 1. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's April 26, 2004, engineering plan review as well as the following: a. A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. 2. An easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. 3. An easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. 4. An owner's association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). 5. All 8-foot-wide parking spaces must be signed as either "employee" or "compact" car parking only. 6. Signage for Buildings B, C, and D are allowed as follows: a. One freestanding sign, 25 feet in height and 100 square feet in area. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The TGI Friday's and Jared Jeweler's freestanding signs must maintain a 5-foot setback to the White Bear Avenue right-of--way and a 10-foot setback to all side property lines. The Buffalo Wild Wing's freestanding must maintain a 1-foot setback to the County Road Dright-of--way and a 5- foot setback to the side property line. All three freestanding signs must have a decorative base constructed of quality building materials to match the corresponding buildings. b. Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall area on which the sign is attached. Wall signs are not permitted on a canopy. 7. Signage for Buildin~A (multi-tenant building) is allowed as follows: a. One freestanding sign, 25 feet in height and 150 square feet in area. Freestanding sign height must be measured from buildint~p_rade to top of the sign, not rog and grade to top of sign. The multi-tenant freestanding si,~n must maintain a 1-foot setback to the County Road D ri,~ht-of-way and a 5-foot setback from the private mall road. The freestanding sign must have a decorative base constructed of quality building materials to match the multi-tenant building_ b. A comprehensive sign plan must be submitted to city staff showing the proposed sign elevations for all tenant wall si,~ns. Wall si,~ns are limited to two wall signs per tenant. Wall si,~ns can be placed on the east and west elevations only. The size of the wall sign is limited to 20 percent of the gross wall area of each tenant frontage. Wall signs are limited to logos and channel letters only. Wall si,~ns are not permitted on a canopy. 8. All construction shall follow the plans date-stamped March 30, 2004 and April 26, 2004, with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. 9. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 10. The city council shall review this permit in one year. City Counci108-09-04 15 Seconded by Councilmember Monahan-Junek Ayes-All 2. Legacy Village Master Street Light Plan, Project 04-23 -Review of Street Light Design Concepts and Resolution Approving Plans and Specifications and Authorization to Receive Bids City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Jon Horn, Design Consultant provided further specifics d. Jay Cain, Design Consultant provided further specifics. Councilmember Koppen moved to adopt the following resolution that approves the plans and specifications for the selected lightin cg oncept and authorizes the receipt of bids on Friday September 10, 2004 at 10:00 a.m.: Seconded by Councilmember Rossbach Ayes-All County Road D Realignment (West), Project 02-08 -Approve Development Contract with Trout Land Development for Right of Way Acquisition and Cooperative Grading City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following Agreement with Trout Land, LLC, which approves the payment amounts for right-of-entry, easement and right of way acquisition for the County Road D Reali,~nment Project between Trunk Highway 61 and Highrid,~e Court and authorizes the Mayor and Ci . Mana eg r to sign said agreement signify tg he City's approval: AGREEMENT This Agreement, dated August 9~, 2004, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and Trout Land, LLC, a limited liability company in the State of Minnesota ("Trout Land"). WHEREAS, the City is undertaking a prof ect known as the County Road D (West) Improvements, Project Number 02-08; WHEREAS, Trout Land owns property in the Project Area, legally described as: That part of Lot 1, Block 5, Frattalone's Highpoint Ridge, lying East of the West line of Section 3, Township 29, Range 22, Ramsey County, Minnesota. "Trout Land Property;" WHEREAS, Trout Land is in the process of purchasing additional property that is adjacent to the City Counci108-09-04 16 northern property line of the Trout Land Property and is also in the Project Area, legally described as: West 430.6 feet of East 661.6 feet of North 605 feet of Northeast Quarter (subject to road and easement) of Section 4, Township 29, Range 22, Ramsey County, Minnesota. "Prokosch Property;" WHEREAS, Trout Land is also in the process of purchasing additional property that is adj acent to the southern property line of the Trout Land Property and is also in the Project Area, legally described as: The westerly 223.4 feet of the easterly 723.40 feet of the northerly 409.5 feet of the said Southeast Quarter of the Northeast Quarter of said Section 4, Township 29, Range 22, Ramsey County, Minnesota. And The westerly 197.4 feet of the easterly 723.40 feet lying southerly of the southerly line of the northerly 409.5 feet of said Southeast Quarter of the Northeast Corner of said Section 4 and northerly of the southerly line of the northerly 469.5 feet of said Southeast Quarter of the Northeast Corner of said Section 4. "LaMettry Property;" WHEREAS, Trout Land and the City executed an Exchange Agreement on February 27, 2004, which provided that Trout Land dedicate approximately 109,200 square feet of the Trout Land Property to the City for right-of--way purposes in consideration for the City's vacation of its easement interests in the Highway 61 Property and the City's commencing a proceeding subsequent on behalf of Trout Land in District Court; and NOW THEREFORE, the City and Trout Land agree to make the following agreement with respect to the Project and its effect on the Trout Land Property, Prokosch Property and LaMettry Property: Trout Land represents and warrants to the City that: A. It has all requisite power and authority to execute this Agreement and the documents previously listed hereof, and the officer of Trout Land who did or will execute the same for and on behalf of Trout Land has the power and the authority to do so and to bind Trout Land. As for the LaMettry and Prokosch properties, Trout Land is in the process of purchasing them. This Agreement is contingent upon Trout Land closing on both the LaMettry and Prokosch properties. B. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. It will cooperate with all reasonable requests by the City related to this Agreement that do not detrimentally affect the basis of the terms of this Agreement. 2. Trout Land shall perform the following: A. Purchase the Prokosch Property with a scheduled closing date prior to August 6, 2004. City Counci108-09-04 17 B. Purchase the LaMettry Property with a scheduled closing date prior to August 6, 2004. C. Grant the City aright-of--entry over the Trout Land Property, Prokosch Property and LaMettry Property in order to construct the City's public improvements. The boundaries of the right-of--entry area shall be defined by the construction limits identified in the final plans and specifications for the construction of new County Road D. This right-of--entry shall commence on August 2, 2004 and terminate on August 31, 2005. Compensation by the City to Trout Land for this right-of--entry is outlined in Section 3 of this Agreement. D. Dedicate fee title to the City for the right-of--way required for the construction of new County Road D through the Trout Land Property, approximately 109,200 square feet. This dedication shall be at no cost to the City pursuant to the terms of the parties' Exchange Agreement. The final area of the right-of--way is subject to minor alignment adjustments by the City based upon the final alignment of the roadway. E. Dedicate fee title to the City for the right-of--way required for the construction of the new County Road D through the Prokosch Property, approximately 62,000 square feet. The final area of the right-of--way is subject to change by the City based upon the final alignment of the roadway. Compensation by the City to Trout Land for this dedication is outlined in Section 3 of this Agreement. F. Dedicate to the City at no cost an easement for a storm water pond along the west side of County Road D on the Prokosch Property. The total estimated area of this easement is 54,500 square feet. The City reserves the right to change the easement area based upon the final design of the storm water pond. Compensation by the City to Trout Land for this dedication is outlined in Section 3 of this Agreement. G. Dedicate to the City fee title to a triangular parcel between the proposed County Road D right-of--way and the north line of the Gulden's property to allow for the construction of a frontage road in the area. The estimated area for this dedication is 11,400 square feet. Compensation by the City to Trout Land for this dedication is outlined in Section 3 of this Agreement. H. Dedicate to the City a 30-foot wide public trail easement through the LaMettry Property and/or Trout Land Property for the construction of a public trail link between County Road D and Duluth Street. The location of the easement shall be coordinated with Trout Land's future development plans for the LaMettry Property. Compensation by the City to Trout Land for this dedication is outlined in Section 3 of this Agreement. L Execute a cross access easement agreement with Guldens, Venburg Tire, Maplewood City Counci108-09-04 18 Toyota and LaMettry's Auto Body for use and maintenance of the private frontage road. J. Perform the mass roadway grading required for the City's construction of proposed County Road D with respect to the Trout Land Property and Prokosch Property. The roadway subgrade must be graded to within 0.5 feet of proposed roadway profiles/cross-sections. Mass grading must be completed by August 23, 2004. K. Complete an as-built certification upon completion of the grading work described in the above paragraph in order to verify that the specified tolerance has been met. This survey must be completed by August 27, 2004. L. Pay to the City $647,488.00 in assessments for roadway, storm drainage, sanitary sewer and water main improvements for the Trout Land Property. The breakdown of assessments is as follows: Roadway $363,048.00 Sanitary Sewer $116,694.00 Storm Sewer $ 62,370.00 Water Main $105,376.00 Total $647,488.00 Trout Land has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Trout Land Property with the amount to be $647,488.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Trout Land expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). M. Pay to the City $278,472.00 in assessments for roadway, storm drainage, sanitary sewer and water main improvements for the Prokosch Property. The breakdown of assessments is as follows: Roadway $179,760.00 Old County Road D Reconstruction $ 4,300.00 Sanitary Sewer $ 28,890.00 Storm Sewer $ 17,820.00 Water Main $ 47,702.00 Total $278,472.00 Trout Land has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the Prokosch Property with the amount to be $278,472.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Trout Land expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). N. Pay to the City $46,496.00 in assessments for roadway and water main improvements for the City Counci108-09-04 19 LaMettry Property. The breakdown of assessments is as follows: Roadway $ 36,960.00 Water Main $ 9,536.00 Total $ 46,496.00 Trout Land has been advised of its right to notice and a public hearing and right to appeal concerning the assessments proposed against the LaMettry Property to be $46,496.00. The assessments are to be paid over a fifteen (15) year period at an interest rate of 5%. Trout Land expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.061, et al. Minnesota case law supports waiver of assessment procedures such as the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1953). O. Pay to the City park dedication fees in the total amount of $182,251 for the development of the Trout Land Property, Prokosch Property and LaMettry Property. The park dedication fees shall be paid at the time of building permit application. Individual developments shall pay a portion of the total park dedication fee amount based upon the City's 2004 P.A.C. rates. P. Pay to the City $10,000.00 by August 6, 2004 for reimbursement of the City's costs and expenses incurred of bringing the proceeding subsequent on Trout Land's behalf in District Court for the Highway 61 Property. Q. Allow excess soils resulting from the City's public improvements to be temporarily stockpiled on the Trout Land Property. The excess soils shall be allowed to be stockpiled between May 3, 2004 and August 31, 2004. The total amount of soil to be stockpiled on the site will not exceed 40,000 cubic yards. The stockpile location(s) shall be as agreed upon with Trout Land. The excess soils will be removed from the Trout Land Property on or before August 31, 2004 at no cost to Trout Land. R. Dedicate to the City at no cost a portion of the Prokosch Property designated as Outlot C on the preliminary plat. S. Install storm sewer across the Trout Land Property between the pond on the adjacent Highridge development and proposed County Road D. Trout Land shall dedicate the necessary drainage and utility easement for this storm sewer. If the exact size and location of the easement has not been determined at the time of final plat, Trout Land will be required to pay a $5,000.00 escrow as surety for the easement. T. Dedicate to the City at no costa 30-foot utility easement across the Trout Land Property and/or the LaMettry Property for a proposed water main between the water main stub east of Duluth Street and the water main along proposed County Road D. If the exact size and location of the easement has not been determined at the time of final plat, Trout Land will be required to pay a $5,000.00 escrow as surety for the easement. U. Dedicate to the City at no cost a minimum 50-foot-wide pedestrian and trail corridor easement located in the utility easement along the common lot line of the Trout Land Property and the Prokosch Property. The easement should extend from the County Road D right-of--way to the west property line. If the exact size and location of the easement has not been determined at the time of final plat, Trout Land will be required to pay a City Counci108-09-04 20 $5,000.00 escrow as surety for the easement. 3. The City shall perform the following: A. Provide Trout Land with full driveway access to the new County Road D at a location no further east than approximately 450 feet west of TH 61. The 450 feet shall be measured along the centerline of proposed County Road D from the westerly right-of--way line of TH 61. This access shall serve the Trout Land Property on the north and the Gulden's/Venburg Tire frontage road on the south. The proposed driveway location has been determined based upon sight distance issues on County Road D and the need to provide adequate spacing for the queuing of vehicles at the County Road D and TH 61 intersection. B. The LaMettry Property shall be provided access to County Road D from a private frontage road to be constructed south of proposed County Road D through the Gulden's/Venburg Tire property, a portion of the frontage road being built along the common lot line between the LaMettry Property and the Gulden's/Venburg Tire property. C. Waive its storm water ponding requirements for the Trout Land Property, the LaMettry Property, and the Prokosch Property. This waiver is based on the City's engineering principles, studies and compliance with the Ramsey County Watershed and other agencies' requirements. D. Allow Trout Land, LLC to pay the assessments described in Paragraphs 2 (L), 2 (M), and 2 (N) of this Agreement over a fifteen (15) year period at an interest rate of 5.0%. E. Pay Trout Land $135,000.00 for the City's right-of--entry onto the Trout Land Property, Prokosch Property, and LaMettry Property, described in Paragraph 2 (C) of this Agreement. F. Pay Trout Land $263,500 for fee title for the City's right-of--way through the Prokosch Property, described in Paragraph 2 (E) of this Agreement. G. Pay Trout Land $125,000 for fee title to the 11,400 square foot triangular parcel described in Paragraph 2 (G) of this Agreement, and for the public trail easement through the LaMettry Property and/or the Trout Land property, described in Paragraph 2 (H) of this Agreement. H. The City shall pay Trout Land the amounts described in Paragraph 3 (E), 3 (F), and 3 (G) upon completion of all of Trout Land's obligations under this Agreement. Upon determination by the City Engineer of satisfactory completion of all Trout Land obligations, the City shall arrange payment of all funds identified within this agreement within 30 days. L The City agrees to consider apay-as-you-go Tax Abatement plan for the Trout Land Property. The Tax Abatement consideration shall be limited to the CommerciaURetail property only and shall be limited to considerations as follows: ^ Up to $300,000 of the assessment proposed to be levied on the Trout Land Property. ^ Up to $10,000 for reimbursement of the cost of the proceeding subsequent action. ^ Up to $230,000 for grading costs related to removal of excess soils. In exchange for the City considering Tax Abatement for the Trout Land Property, the City Counci108-09-04 21 following shall apply, only if the Tax Abatement plan is approved by both the City and Trout Land: ^ The $135,000 payment for the City's right of entry shall be paid by the City as pay-as- you-go reimbursement instead of a direct cash payment. ^ The $125,000 payment for the easements on the LaMettry Property shall be paid by the City as pay-as-you-go reimbursement instead of a direct cash payment. Therefore, tax abatement consideration by the City shall be limited to a maximum of the following: $300,000 for assessments $ 10,000 for the proceeding subsequent action $230,000 for excess soil operations $135,000 for payment of the right of entry $125,000 for payment of the easement acquisition $800,000 total pay-as-you-go Tax Abatement plan Under the pay-as-you-go Tax Abatement plan, the City would guarantee payment of the proceeding subsequent action payment ($10,000), the right of entry payment ($135,000), and the easement acquisition payment ($125,000), plus 50% of the excess soil operations ($115,000). This amounts to a guaranteed payment to Trout Land under the Tax Abatement plan of $385,000. J. The City agrees to allow a variance to the 350 foot setback requirement for the portion of the Trout Land Property proposed for automotive related development to the portion of the Trout Land Property proposed for residential development. Trout Land agrees to meet the 350 foot setback requirement for the existing residential properties along the westerly border of the Trout Land Property. 4. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 5. Arbitration. It is agreed by the parties that any differences, dispute or claim which arises under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice City Counci108-09-04 22 under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. 6. The City's and Trout Land's obligations under this Agreement shall be conditioned, for the sole benefit of the City and Trout Land, upon the following: A. Contingent upon review and approval of final terms by the City Council. B. Contingent upon Trout Land closing on the purchase of the LaMettry Property and the Prokosch Property. C. Contingent upon Trout Land obtaining a Certificate of Title in its name for the Highway 61 Property and the parties' fulfillment of the terms of the Exchange Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Seconded by Councilmember Juenemann Ayes-All 2005 Budget Distribution City Manager Fursman presented the staff report and specifics from the report. Councilmember Koppen moved to set a meeting date for August 23rd from 5:00 p.m. to 7:00 p.m. to review the budget and continue at the September 13~ City Council Meeting if needed. Seconded by Councilmember Monahan-Junek Ayes-All L. VISITOR PRESENTATIONS 1. Ed Kivel-1880 Maryknoll, Maplewood, addressed the council regarding a sewer backup in his home. 2. Timothy Cover-1740 Onacrest Curve spoke regarding an erosion problem on city owned property that is behind his home. 3. Joan Button-1744 Onacrest Curve discussed the same issue as Mr. Grover. 4. Shirley Walker-1748 Onacrest Curve also discussed the above issue. M. COUNCIL PRESENTATIONS 1. Change of Meeting Date (October 11~ City Council Meeting)-Mayor Cardinal will address this item at the August 23rd City Council Meeting. 2. Smoking Ban-Mayor Cardinal announced that there will be a meeting regarding a county wide smoking ban at the Ramsey County Library at 7:30 a.m. on August 10~. 3. Japanese Tour of the South End ofMaplewood-Councilmember Monahan-Junek reported that Maplewood Planning Commissioner Dierich lives on Promontory Place in the southern tip of Maplewood. She shared that a group of Japanese residents toured their neighborhood with the MET Council with the intent of seeing how Americans integrated homes in fairly high-density neighborhoods into a natural landscape. 4. National Night Out-Councilmember Juenemann thanked all the key Maplewood staff involved in making the event highly successful. A total of 61 block parties participated. City Counci108-09-04 23 5. Absentee Voting-City Clerk Guilfoile noted the requirements and process to vote by absentee ballot. 6. Transfiguration Church-Councilmember Rossbach asked for information regarding the amount of senior housing in the city. 7. Mayor's Forum-Mayor Cardinal gave an overview of the August meeting and announced that there will not be a Mayor's Forum in September. N. ADMINISTRATIVE PRESENTATIONS The City Tour will be held on August 11, 2004. O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meetin,~ at 10:35 p.m. Seconded by Councilmember Koppen Ayes -All City Counci108-09-04 24 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: August 23, 2004 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 2,695.13 Checks #64580 dated 8/2/04 $ 48,867.74 Checks #64581 thru #64625 dated 08/10/04 $ 880,684.39 Disbursements via debits to checking account dated 08/02/04 thru 08/05/04 $ 1,580.10 Checks # 64626 dated 8/11/04 $ 914,203.75 Checks # 64627 thru # 64692 dated 8/17/04 $ 10,093,169.33 Disbursements via debits to checking account dated 8/06/04 thru 8/12/04 $ 11,941,200.44 Total Accounts Payable PAYROLL $ 438,580.66 Payroll Checks and Direct Deposits dated 8/13/04 $ 5,678.29 Payroll Deduction check # 98367 thru # 98372 dated 8/13/04 $ 444,258.95 Total Payroll $ 12,385,459.39 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any question on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments c:\My Documents\Excel\Miscellaneous\04-AprClms 08-06, 08-13 1 Check Register City of Maplewood vchlist 08/05/2004 2:46:40 PM Check Date Vendor Description/Account Amount 64580 8/2/2004 01336 RAINBOW FOODS ROOTBEER 2,695.13 64581 8/10/2004 00173 BELDEN, TIM TUNED PIANO 80.00 64582 8/10/2004 00204 BONESTROO & ASSOCIATES PRO SRVS 5/2 TO 7/3 3,582.00 64583 8/10/2004 03182 CLASSIC TRANSPORT SRVS TRAINING CAR TOW 60.00 TRAINING CAR TOW 60.00 TRAINING CAR TOW 53.00 TRAINING CAR TOW 54.00 64584 8/10/2004 00340 CRAMER BUILDING SERVICES MECH SYS -SCHEDULED MAINT AGREEMENT- 2,133.00 64585 8/10/2004 03079 DAVIS-LOBDELL INSTRUMENTS INC SKLAR HOOKS 225.00 64586 8/10/2004 00384 DE LACE LANDEN FINANCIAL SRVS COPIER PYMT 342.36 64587 8/10/2004 00358 DGM INC. TOW MEDIC VEHICLE 133.13 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 90.53 TOW ABANDONED VEHICLE 40.00 TOW FORFEITURE VEHICLE 122.48 TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 122.48 TOW FORFEITURE VEHICLE 131.50 64588 8/10/2004 01401 FIRST STUDENT INC BUS FEE TO BUNKER HILLS POOL 260.25 64589 8/10/2004 00529 FORTIS BENEFITS INSURANCE CO STD PLAN 4043120-0-1 1,325.99 64590 8/10/2004 00483 IDEACOM MID-AMERICA PHONE 458.64 64591 8/10/2004 01605 IFP TEST SERVICES INC PSYCH EXAMS FOR FF - 5 1,250.00 PSYCH EXAM - 1 250.00 64592 8/10/2004 00721 INDEPENDENT SPORTS NETWORK UMPIRING SRV 7/18 TO 7/28 2,127.50 64593 8/10/2004 00771 JOHNSON, RICK DEER REMOVAL -JUL 300.00 64594 8/10/2004 02607 KINNICKINNIC NATIVES LLC GERANIUM 91.00 64595 8/10/2004 00872 LINDORFF, DENNIS REIMB FOR BOOTS 156.60 64596 8/10/2004 00901 MGFOA ANNUAL CONF FEE 9/22 - 9/24 - 2 400.00 64597 8/10/2004 01028 MN STATE TREASURER STAX MONTHLY SURTAX -JUL 2,614.05 64598 8/10/2004 02775 NOLAN, PAUL REIMB FOR TRUCK PARTS 50.93 64599 8/10/2004 02629 NOVACARE CBO PRE-EMPLOYMENT PHYSICALS 80.00 64600 8/10/2004 01202 NYSTROM PUBLISHING CO INC PARKS &REC NEWSLETTER 11,148.00 64601 8/10/2004 01213 OLSON, JULIE REIMB FOR MEALS & GAS 4/22 TO 7/24 120.78 64602 8/10/2004 00001 ONE TIME VENDOR REF SOUTHWEST CONST -BLDG PRMT 0401701 698.34 64603 8/10/2004 00001 ONE TIME VENDOR REF J & J OPLAND -SHRUBS & ARBOR 400.00 64604 8/10/2004 00001 ONE TIME VENDOR REF L SCHRYVER-VAR/LOT DIV/ REC FEE 338.00 64605 8/10/2004 00001 ONE TIME VENDOR REF CYNTHIA KING -PARKS PROG 210.00 64606 8/10/2004 00001 ONE TIME VENDOR REF BRUCE STEKLER -PARKS PROG 90.00 64607 8/10/2004 00001 ONE TIME VENDOR REF PAM WOLTER - 1 MO MEMBERSHIP 20.00 64608 8/10/2004 00001 ONE TIME VENDOR REF CARRIE PHILLIPS - NC PROG 6.00 64609 8/10/2004 01345 RAMSEY COUNTY EVP MAINT 1/1 THRU 6/30 197.91 64610 8/10/2004 01345 RAMSEY COUNTY SIGNAL MAINT 102.50 64611 8/10/2004 02010 RAMSEY CTY ATTORNEY'S OFFICE 20% FORFEITED PROP - CN#03-007-315 201.00 20% FORFEITED PROP - CN#03-018-055 119.54 20% FORFEITED PROP CN#03-022-986 9.60 20% FORFEITED PROP - CN#04-0001998 435.00 64612 8/10/2004 01340 REGIONS HOSPITAL PARAMEDIC SUPPLIES 229.29 64613 8/10/2004 01455 SHORTREED, MICHAEL REMB FOR TUITION & BOOKS 416.25 64614 8/10/2004 01526 STATE TREASURER 10% FORFEITED PROP - CN#03-007-315 100.50 10% FORFEITED PROP - CN#03-018-055 59.77 10% FORFEITED PROP - CN#03-022-986 4.80 10% FORFEITED PROP - CN#04-001998 217.50 64615 8/10/2004 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 4,837.20 2 Check Date Vendor 64616 8/10/2004 01574 T.A. SCHIFSKY & SONS, INC 64617 8/10/2004 01578 T.R.F. SUPPLY CO. 64618 8/10/2004 01026 TRANSPORTATION, DEPT OF 64619 8/10/2004 03185 TREE TIME INC 64620 8/10/2004 01728 VOYAGEUR ASSET MGMT INC 64621 8/10/2004 01734 WALSH, WILLIAM P. 64622 8/10/2004 01744 WASTE MANAGEMENT 64623 8/10/2004 03183 WEDDING GUIDE 64624 8/10/2004 03186 WELLS FARGO SERVICES CO 64625 8/10/2004 01805 ZIEGLER INC. 46 Checks in this report Description/Account Amount VARIOUS BITUMINOUS- 2,014.04 VARIOUS BITUMINOUS MATERIALS- 2,432.81 JANITORIAL SUPPLIES 157.62 MISC SUPPLIES 659.16 PROJ 03-04 INSPECTION 280.97 2 BLACK HILL TREES PLANTED 1,650.00 INV MGMT SRV 7/1 - 9/30 983.00 COMM PLUMBING INSP 333.31 COMM PLUMBING INSP 340.83 TRASH REMOVAL 2,321.13 RECEPTION DIRECTORY LISTING 500.00 DOCUMENT PRODUCTION FEES 36.70 TRACK HOE RENTAL 239.63 Total checks : 51,562.87 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 07/30/04 08/02/04 MN State Treasurer Drivers License/Deputy Registrar 13,617.48 07/30/04 08/02/04 U.S. Treasurer Federal Payroll Tax 94,437.58 07/30/04 08/02/04 P.E.R.A. P.E.R.A. 48,232.14 08/02/04 08/02/04 U.S. Bank Trust Debt Service payments 613,174.38 07/30/04 08/02/04 Orchard Trust Deferred Compensation 21,684.78 08/02/04 08/03/04 MN State Treasurer Drivers License/Deputy Registrar 22,070.15 07/30/04 08/03/04 MN State Treasurer State Payroll Tax 18,048.13 07/30/04 08/03/04 MSA/Dispatcher Unions Union Dues 231.00 08/03/04 08/04/04 MN State Treasurer Drivers License/Deputy Registrar 26,804.30 08/04/04 08/05/04 MN State Treasurer Drivers License/Deputy Registrar 19,329.74 08/02/04 08/05/04 ARC Administration DCRP & Flex plan payments 3,054.71 TOTAL 4 Check Register City of Maplewood vchlist 08/13/2004 11:34:41 AM Check Date Vendor 64626 8/11/2004 64627 8/17/2004 64628 8/17/2004 64629 8/17/2004 64630 8/17/2004 64631 8/17/2004 64632 8/17/2004 64633 8/17/2004 01708 VALLEYFAIR 00504 1ST LINE/LEEWES VENTURES LLC 00014 AT&T 00046 ADMINISTRATION RESOURCES CORP 01908 ADMINISTRATION, DEPT OF 03190 ARENZ CONSTRUCTION INC 02676 AVALON HOMES 00157 BARR ENGINEERING CO 64634 8/17/2004 64635 8/17/2004 64636 8/17/2004 64637 8/17/2004 64638 8/17/2004 64639 8/17/2004 64640 8/17/2004 64641 8/17/2004 64642 8/17/2004 64643 8/17/2004 64644 8/17/2004 64645 8/17/2004 64646 8/17/2004 64647 8/17/2004 64648 8/17/2004 64649 8/17/2004 64650 8/17/2004 64651 8/17/2004 64652 8/17/2004 64653 8/17/2004 64654 8/17/2004 64655 8/17/2004 00211 BRAUN INTERTEC CORP 00218 BROADWAY BUILDERS 00230 BRYAN ROCK PRODUCTS, INC 00240 C.S.C. CREDIT SERVICES 02149 CAREY. HEIDI 00319 CONCRETE FORM ENGINEERS INC 00340 CRAMER BUILDING SERVICES 00449 EDEN SYSTEMS INC 03076 EVANS, MARY 00487 F.M. FRATTALONE EXC INC 01401 FIRST STUDENT INC 02998 HAAKINSON, DANIEL 02945 HEALTHEAST VEHICLE SERVICES 00687 HUGO'S TREE CARE 01605 IFP TEST SERVICES INC 03168 IMPERIAL DEVELOPERS INC 00785 KAMCOM TECHNOLOGIES 01894 KELLY & FAWCETT PA 02728 KIMLEY-HORN & ASSOCIATES INC 00816 KREMER SPRING & ALIGNMENT INC 03191 LACROSSE UNL/SPORTS UNL 02197 MASTERPIECE HOMES INC Description/Account VALLEYFAIR ADMISSION FEE MERCH FOR RESALE MANAGED INTERNET SRV - AUG AMENDED PLAN DOCUMENTS HARBOR BACKUP -JUL WIDE AREA NETWORK USAGE -JUN REF GRADING ESC - 1946 CASTLE AVE E REF GRADING ESC - 1948 CASTLE AVE E REF GRADING ESC - 2292 CASTLE PL N REF GRADING ESC - 2294 CASTLE PL N REF GRADING ESC - 2281 CASTLE PL N REF GRADING ESC - 2283 CASTLE PL N REF GRADING ESC - 1955 DESOTO ST N MASTER PLAN FOR PRIORY PRESERVE MASTER PLAN FOR PRIORY PRESERVE PROJ 03-07 PROF SRVS THRU 7/9 PROJ 03-18 PROF SRVS THRU 7/9 PROJ 03-26 PROF SRVS THRU 7/9 PROJ 03-22 PROF SRVS THRU 7/9 PROJ 02-08 PROF SRVS THRU 7/9 REF GRADING ESC - 507 DORLAND RD S AGGREGATE AGGREGATE APPLICANT BACKGROUND CHECKS REIMB FOR MILEAGE 5/6 TO 6/15 REIMB FOR MILEAGE 6/16 TO 7/6 SIDEWALK FORM RENTAL CLEAN & REPAIR CONDENSORS TRAINING COSTS REF GRADING ESC - 420 MARNIE ST S PROJ 02-07 CTY RD D REALIGN PYMT#6 BUS FEE TO MARCUS THEATER 7/22 BUS FEE TO OLD LOG THEATRE 7/28 BUS FEE TO MILL CITY MUSEUM 8/4 REF GRADING ESC - 2627 GERANIUM AVE DARE CAR & NEW BUILD REMOVE OLD LAPTOP MOUNT REPAIR VEHICLE BUILD DARE CAR BUILD NEW VEHICLE #956 PROJ 03-18 TREE TRIMMING & HAUL LOGS & TREE CONSULTING PSYCH EXAM FOR OFFICER CANDIDATE PROJ 04-04 VENBURG/GULDENS PYMT #2 PC'S AS QUOTED -MID TOWER W/300W P.S. PROSECUTION FEES -JUL LEGAL SERVICES -JUL PROJ 02-07 PROF SRVS THRU 6/30 PROJ 02-07 & 02-21 PROF SRVS THRU 6/30 PROJ 02-21 PROF SRVS THRU 6/30 PROJ 02-07 & 02-08 PROF SRVS 6/30 PROJ 03-22 PROF SRVS THRU 6/30 PROJ 03-26 PROF SRVS THRU 6/30 REPAIR VEHICLE LACROSSE CAMP REF GRADING ESC - 3002 DULUTH ST Amount 1,580.10 360.00 1,013.60 250.00 1,395.34 392.00 524.04 524.04 1,284.35 1,284.35 1,250.00 1,250.00 1,095.62 1,675.75 650.50 5,551.41 6,691.80 2,174.25 636.60 761.55 1,053.42 945.29 1,907.77 50.00 7.50 26.63 513.60 5,154.64 1,295.77 1,500.00 258,264.00 147.00 238.20 326.40 1,049.04 3,456.48 220.00 55.00 2,571.74 2,314.06 3,456.50 100.00 250.00 59,173.30 3,514.50 9,825.00 16,126.31 10,778.16 11,866.13 3,363.33 3,066.10 25,975.82 24,887.92 2,796.61 550.00 1,062.74 5 Check Date Vendor 64656 8/17/2004 00945 MASYS CORP 64657 8/17/2004 01001 MIDWEST LOCK & SAFE INC 64658 8/17/2004 03069 MN AMBULANCE ASSN 64659 8/17/2004 03193 NOBLE NURSERY RETAIL INC 64660 8/17/2004 00001 ONE TIME VENDOR 64661 8/17/2004 00001 ONE TIME VENDOR 64662 8/17/2004 00001 ONE TIME VENDOR 64663 8/17/2004 00001 ONE TIME VENDOR 64664 8/17/2004 00001 ONE TIME VENDOR 64665 8/17/2004 00001 ONE TIME VENDOR 64666 8/17/2004 00001 ONE TIME VENDOR 64667 8/17/2004 00001 ONE TIME VENDOR 64668 8/17/2004 03156 PERRAULT CONSTRUCTION INC 64669 8/17/2004 01289 PRAIRIE RESTORATIONS INC 64670 8/17/2004 02868 PUTTER THERE 64671 8/17/2004 03009 RAMSEY COUNTY TREASURER 64672 8/17/2004 01463 SISTER ROSALIND GEFRE 64673 8/17/2004 01504 ST PAUL, CITY OF 64674 8/17/2004 03187 STROBEL, JESSICA 64675 8/17/2004 01545 SUBURBAN RATE AUTHORITY 64676 8/17/2004 01568 SWANSON, LYLE 64677 8/17/2004 01572 SYSTEMS SUPPLY, INC. 64678 8/17/2004 01574 T.A. SCHIFSKY & SONS, INC 64679 8/17/2004 01574 T.A. SCHIFSKY & SONS, INC 64680 8/17/2004 01578 T.R.F. SUPPLY CO. 64681 8/17/2004 01615 THERMO-DYNE, INC. 64682 8/17/2004 03188 TM KALKA INDUSTRIES 64683 8/17/2004 01580 TSE, INC. 64684 8/17/2004 01683 UNIFORMS UNLIMITED INC 64685 8/17/2004 03194 VERNIX FORESTRY CONSULTANTS 64686 8/17/2004 01734 WALSH, WILLIAM P. 64687 8/17/2004 01750 WATSON CO INC, THE 64688 8/17/2004 03192 WEIS BUILDERS INC 64689 8/17/2004 02410 WELLS FARGO LEASING INC 64690 8/17/2004 02462 WEMYSS, SCOTT D 64691 8/17/2004 01190 XCEL ENERGY 64692 8/17/2004 03189 ZWIEG, SUSAN 67 Checks in this report Description/Account REF GRADING ESC - 3010 DULUTH ST N REF GRADING ESC - 3034 DULUTH ST N REF GRADING ESC - 3018 DULUTH ST N REF GRADING ESC - 3008 CAREY HTS DR REF GRADING ESC - 3058 DULUTH ST N STRATUS SOFTWARE MAINT - SEP SECURITY LOCKS AT PW BLDG DOOR LOCK REPAIR CADAVER DISSECTION LAB TRNG - 4 PROJ 03-04 KENNARD ST PYMT #1 REF SW CONST -GRADE PMT 20502 REF JUDITH DAVIS -AMB 04005461 REF MARIE STROMMER -AMB 04008212 REF KAREN MAHR -PARKS PROG REF NANCY VALENTO -MCC CLASS REF C SCHOENECKER -PARKS PROG REF ISD#16 -NATURE CTR PROG REF LEAH HORSTMAN -PARKS PROG REF GRADING ESC - 1313 BURKE CIR MOWING & HERBICIDE TREATMENT -PRAIRIE HERBICIDE TREATMENT -TROUT BROOK MINI GOLF - 48 PROJ 03-04 HEALTHEAST DEED TAX MASSAGES-JUL PROJ 01-14 WATER MAIN & HYDRANT WIRELESS REPORTING FEE -AUG SOFTBALL COACH MEMBERSHIP ASSESS - 2ND PYMT REIMB FOR MILEAGE 4/2 TO 6/14 REIMB FOR MILEAGE 6/29 TO 7/30 INK & TONER CARTRIDGES VARIOUS BITUMINOUS MATERIALS- PROJ 98-12 PLEASANTVIEW ST-FINAL PYMT MAINT SUPPLIES CHECKED & REPAIRED POOL UNIT SPRINKLER WEDGES BUCKTHORN CREW 6/7 TO 6/25 SHIRTS PANTS SHIRTS TREE DISEASE MGMT COMM PLUMBING INSP MERCH FOR RESALE REF ESCROW FOR SIBLEY COVE DOCUMENT PRODUCTION FEES NAME TAGS MONTHLY UTIL -STMT DATE 8/4/04 STAIRSTEPPER Amount 1,046.58 2,616.03 2,592.40 2,568.77 3,506.68 738.68 2,566.91 105.33 60.00 172,012.60 500.00 211.48 104.80 90.00 75.00 70.00 45.00 29.50 2,619.45 838.40 306.18 168.00 657.80 1,402.00 32,804.45 3,798.00 310.00 1,200.00 33.00 23.25 329.13 3,580.32 2,500.00 759.55 2,745.17 25.00 1,126.43 53.00 147.90 75.00 1,303.89 68.00 446.74 144,002.10 29.50 42.00 37,150.57 65.00 Total checks : 915,783.85 6 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 08/05/04 08/06/04 MN State Treasurer Drivers License/Deputy Registrar 13,685.43 07/30/04 08/06/04 WI Dept of Revenue State Payroll Tax 1,953.65 08/05/04 08/06/04 MN Dept of Natural Resources DNR electronic licenses 1,081.00 08/06/04 08/09/04 MN State Treasurer Drivers License/Deputy Registrar 13,593.11 08/09/04 08/10/04 MN State Treasurer Drivers License/Deputy Registrar 18,369.13 08/10/04 08/11/04 MN State Treasurer Drivers License/Deputy Registrar 22,722.39 08/11/04 08/12/04 MN State Treasurer Drivers License/Deputy Registrar 17,223.64 08/06/04 08/12/04 Elan Financial Services* Purchasing card items 44,167.38 08/12/04 08/12/04 Wells Fargo Bank Investment purchase 6,986,467.77 08/12/04 08/12/04 US Bank Investment purchase 2,973,905.83 TOTAL 10,093,169.33 *Detailed listings of Elan purchasing card items are attached. 7 Transaction Review For Transactions posted between 07/24/2004 to 08/06/2004 Post Date 07/26/2004 07/30/2004 07/26/2004 07/26/2004 07/26/2004 08/02/2004 08/03/2004 08/03/2004 08/02/2004 08/02/2004 08/02/2004 08/03/2004 08/05/2004 08/06/2004 08/06/2004 08/02/2004 07/26/2004 08/02/2004 08/04/2004 08/04/2004 08/05/2004 08/05/2004 07/28/2004 08/02/2004 08/02/2004 08/02/2004 08/04/2004 08/03/2004 08/03/2004 08/05/2004 07/26/2004 07/28/2004 07/28/2004 08/02/2004 08/05/2004 07/29/2004 07/30/2004 07/27/2004 07/30/2004 08/05/2004 08/06/2004 07/28/2004 07/28/2004 08/04/2004 08/05/2004 07/29/2004 08/03/2004 08/02/2004 08/04/2004 07/27/2004 07/26/2004 07/30/2004 Vendor Name SPRINTPCS-SPEEDPAYIVR SPARTAN PROMOTIONAL GRP UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC UNIFORMS UNLIMITED INC WALGREEN 00016873 NORTHERN TOOL EQUIPMNT KMART 00071068 CUB FOODS, INC. HENRIKSEN ACE HARDWARE MN PHOTO AIRGAS NORTH CENTRAL 154 MATRX MEDICAL MATRX MEDICAL UNIFORMS UNLIMITED INC COMM PARTS #lA MUSKA LIGHTING CENTER HENRIKSEN ACE HARDWARE AQUA LOGIC INC WW GRAINGER 500 ACCURATE ELECTRIC COMPANY NORTHERN TOOL EQUIP-MN NORTHERN TOOL EQUIP-MN MENARDS 3022 HENRIKSEN ACE HARDWARE HENRIKSEN ACE HARDWARE VERIZON DIRECTORIES NEXTEL WIRELESS SVCS NORTHERN TRAFFIC SUPPLY ANDON INC. TIME WARNER CABLE TARGET 00007518 GE CAPITAL ORIENTAL TRADING CO MICHAELS #2744 PANERA BREAD #3459 NORTHERN TOOL EQUIPMNT COPY EQUIPMENT, INC. GLOBAL EQUIPMENT CO CURTIS 1000 OFFICE MAX 00002204 SOFTWARE HOUSE INTL AMZ AMAZON PAYMENTS DEEPSURPLUS.COM PECA/ROMAR/POST PIX SPRINTPCS AUTOPYMT RC1 FORESTRY SUPPLIERS, INC. THE HOME DEPOT 2801 MN PHOTO S & T OFFICE PRODUCTS S & T OFFICE PRODUCTS Settlement Amt Cardholder Name 70.00 BRUCE K ANDERSON 407.65 BRUCE K ANDERSON 559.07 SCOTT ANDREWS -559.07 SCOTT ANDREWS 15.90 SCOTT ANDREWS 116.88 SCOTT ANDREWS 697.90 SCOTT ANDREWS 63.89 SCOTT ANDREWS 8.54 MANDY ANZALDI 1.59 MANDY ANZALDI 4.33 JOHN BANICK 36.84 JOHN BANICK 795.30 JOHN BANICK 340.00 JOHN BANICK -73.26 JOHN BANICK 34.08 PAUL BARTZ 295.84 JIM BEHAN 498.31 JIM BEHAN 84.53 JIM BEHAN 1,267.49 JIM BEHAN 178.83 JIM BEHAN 210.00 JIM BEHAN 89.36 RON BOURQUIN 14.89 RON BOURQUIN 4.64 RON BOURQUIN 10.62 ROGER BREHEIM 3.81 ROGER BREHEIM 40.50 HEIDI CAREY 380.68 CHRISTOPHER CAVETT -298.73 CHRISTOPHER CAVETT 59.91 LINDA CROSSON 109.79 LINDA CROSSON 54.26 LINDA CROSSON 149.10 LINDA CROSSON 71.25 LINDA CROSSON 63.88 ROBERTA DARST 19.37 ROBERTA DARST 2.12 ANDREW ENGSTROM 160.28 ANDREW ENGSTROM -27.90 DAVID FISHER 1,715.89 DAVID FISHER 45.74 MYCHAL FOWLDS 408.96 MYCHAL FOWLDS 47.95 MYCHAL FOWLDS 78.24 MYCHAL FOWLDS 20.95 PATRICIA FRY 114.76 RICHARD FURSMAN 116.55 VIRGINIA GAYNOR 59.34 VIRGINIA GAYNOR 7.49 CLARENCE GERVAIS 19.38 JEAN GLASS 154.78 JEAN GLASS 8/9/2004 8 Post Date Vendor Name Settlement Amt Cardholder Name 07/27/2004 MN TWINS 114 .00 MIKE GRAF 08/03/2004 TARGET 00011858 48 .71 MIKE GRAF 08/02/2004 THE HOME DEPOT 2810 29 .65 JANET M GREW HAYMAN 08/04/2004 VIKING INDUSTRIAL CENTER 170 .82 MARK HAAG 07/26/2004 THE UPS STORE #2171 20 .24 JODI HALWEG 07/26/2004 METRO SALES INC 1,206. 00 LORI HANSEN 08/02/2004 METRO SALES INC 724 .10 LORI HANSEN 08/05/2004 DYMO CORPORATION -430 .70 LORI HANSEN 07/26/2004 S & T OFFICE PRODUCTS 18 .17 LORI HANSEN 07/28/2004 S & T OFFICE PRODUCTS 27 .80 LORI HANSEN 08/04/2004 BATTERIES PLUS 271 .39 LORI HANSEN 08/05/2004 LILLIE SUBURBAN NEWSP 1,991. 40 LORI HANSEN 07/30/2004 MENARDS 3059 45 .94 ROLAND HELEY 07/26/2004 NORTHERN TOOL EQUIPMNT 201 .21 MICHAEL HEMQUIST 08/06/2004 HEJNY RENTALS INC 404 .21 GARY HINNENKAMP 07/26/2004 CL MICROSOFT SER 21 .25 RON HORWATH 07/29/2004 MEDCO SUPPLY CO. 149 .15 RON HORWATH 08/05/2004 ORIENTAL TRADING CO 34 .60 RON HORWATH 07/28/2004 ADT SECURITY SERVICES 815 .61 STEVE HURLEY 07/30/2004 RICON CORPORATIONOI OF O1 161 .88 STEVE HURLEY 07/30/2004 METRO SALES INC 82 .14 STEVE HURLEY 08/03/2004 ADT SECURITY SERVICES 157 .28 STEVE HURLEY 08/06/2004 COMPUSA #197 13 .83 STEVE HURLEY 08/05/2004 WOLF CAMERA #1541 10 .90 ANN E HUTCHINSON 07/26/2004 DAMS LOCK AND SAFE 10 .00 DAVID JAHN 07/29/2004 CUB FOODS, INC. 84 .05 DAVID JAHN 08/06/2004 CINTAS FIRST AID #0431 31 .42 MICHAEL KANE 07/30/2004 SUPERAMERICA 4022 4 .39 FLINT KARIS 08/04/2004 SUN CONTROL OF MINNESO 150 .00 FLINT KARIS 08/02/2004 MICHAELS #2744 2 .36 MARY B KOEHNEN 07/26/2004 KNOWLANS #2 9 .86 HEATHER KOS 08/06/2004 BLUE RIBBON BAIT & TACKLE 12 .51 HEATHER KOS 08/06/2004 FOREST PRODUCTS S00 OF 00 532 .50 DAVID KVAM 07/30/2004 UNIFORMS UNLIMITED INC 17 .95 DANIEL CARSON 08/02/2004 NWA AIR 0122105672355 315 .20 SHERYL L LE 08/03/2004 VERIZON WRLS I2KW RE3 45 .48 SHERYL L LE 08/05/2004 DALCO ENTERPRISES, INC 469 .82 MICHAEL LIDBERG 07/28/2004 MENARDS 3022 67 .37 DENNIS LINDORFF 07/30/2004 HIRSHFIELD'S MAPLEWOOD 200 .43 DENNIS LINDORFF 08/04/2004 MENARDS 3022 226 .38 DENNIS LINDORFF 07/26/2004 METRO SALES INC 227 .00 STEVE LUKIN 07/27/2004 BREEZY POINT RESORT/RES-C 480 .00 STEVE LUKIN 07/30/2004 CLAREY'S SAFETY EQUIPM 176 .64 STEVE LUKIN 07/30/2004 NORM'S TIRE SALES 228 .57 STEVE LUKIN 07/30/2004 ENERGY SALES INC 121 .84 STEVE LUKIN 08/02/2004 WEBER ELECTRIC 281 .93 STEVE LUKIN 07/28/2004 MARATHON ASHLAND 035212 27 .91 GORDON MALLORY 07/29/2004 SAFWAY SERVICES, INC. 85 .20 MARK MARUSKA 08/04/2004 TRUGREEN CHEMLAWN 0000 347 .19 MARK MARUSKA 08/04/2004 TRUGREEN CHEMLAWN 0000 422 .81 MARK MARUSKA 08/04/2004 TRUGREEN CHEMLAWN 0000 1,116. 12 MARK MARUSKA 08/04/2004 ON SITE SANITATION, IN 1,909. 45 MARK MARUSKA 08/05/2004 TRUGREEN CHEMLAWN 0000 1,675. 25 MARK MARUSKA 08/06/2004 ON SITE SANITATION, IN 346 .30 MARK MARUSKA 08/06/2004 BROOK WHITE COMPANY-ST PA 79 .18 GERALD MEYER 07/27/2004 MENARDS 3059 11 .76 ED NADEAU 9 Post Date Vendor Name Settlement Amt Cardholder Name 07/28/2004 07/29/2004 07/30/2004 08/04/2004 07/27/2004 08/03/2004 07/28/2004 08/05/2004 08/06/2004 08/02/2004 07/26/2004 07/26/2004 07/26/2004 07/27/2004 07/26/2004 07/30/2004 07/30/2004 08/06/2004 07/28/2004 07/28/2004 07/28/2004 07/29/2004 08/03/2004 07/27/2004 07/26/2004 07/26/2004 07/28/2004 07/30/2004 08/02/2004 08/03/2004 08/05/2004 08/05/2004 08/06/2004 08/02/2004 08/06/2004 08/06/2004 08/06/2004 07/26/2004 07/26/2004 07/27/2004 07/28/2004 07/28/2004 07/28/2004 07/28/2004 07/28/2004 07/29/2004 07/30/2004 08/02/2004 08/03/2004 08/04/2004 08/04/2004 08/04/2004 08/04/2004 08/05/2004 08/05/2004 08/06/2004 THE HOME DEPOT 2801 ARCH WIRELESS THE HOME DEPOT 2801 UNITED ELECTRIC #7649 THOMAS TOOL AND SU THOMAS TOOL AND SU BATTERIES PLUS DEMCO INC RYCO SUPPLY COMPANY ROWS VIRTUE PRINTI HENRIKSEN ACE HARDWARE MARATHON ASHLAND 153452 MARATHON ASHLAND 153452 AVIS RENT-A-CAR 1 HEJNY RENTALS INC THE HOME DEPOT 2801 HYDROLOGIC WATER MANAGEME THE HOME DEPOT 2801 BENNIGANS 5813 SUPERAMERICA 4022 EMERGENCY MEDICAL PROD MOORE MEDICAL A-1 LAUNDRY & DRY CLEANIN S & T OFFICE PRODUCTS HENRIKSEN ACE HARDWARE BATTERIES PLUS MN PHOTO TARGET 00006940 MN PHOTO ULINE SHIP SUPPLIES SKS BOTTLE & PACKAGING BEST BUY 00000109 RADIO SHACK 00161455 METRO SALES INC CINTAS FIRST AID #0431 CINTAS FIRST AID #0431 CINTAS FIRST AID #0431 MERIT CHEVROLET BOYER TRUCKS-PARTS BAUER BULT TRE33200023 TOUSLEY FORD I27200039 ELLIOTT AUTO SUPPLY KRUGE-AIR INC KRUGE-AIR INC KATH AUTO PARTS TOUSLEY FORD I27200039 KATH AUTO PARTS TOUSLEY FORD I27200039 KATH AUTO PARTS SUNRAY BTB THANE HAWKINS 00430017 KATH AUTO PARTS KATH AUTO PARTS ARROW TERMINAL LLC KATH AUTO PARTS ZIEGLER INC -RETAIL 27.37 ED NADEAU 37.46 ED NADEAU 13.92 ED NADEAU 19.05 ED NADEAU 1,789.19 BRYAN NAGEL 138.41 BRYAN NAGEL 26.61 JEAN NELSON 15.33 JEAN NELSON 26.73 JEAN NELSON 223.92 AMY NIVEN 3.37 RICHARD NORDQUIST 27.00 JULIE OLSON 6.00 JULIE OLSON 668.16 JULIE OLSON 1,111.58 ERICK OSWALD 17.15 ERICK OSWALD 37.25 ERICK OSWALD 155.97 ERICK OSWALD 30.09 MARSHA PACOLT 5.10 KURT PARSONS 20.00 KURT PARSONS 203.80 KURT PARSONS 29.82 KURT PARSONS -20.18 KATHLEEN PECK HALL 7.85 PHILIP F POWELL 52.65 PHILIP F POWELL 52.44 PHILIP F POWELL 68.66 PHILIP F POWELL 21.65 PHILIP F POWELL 226.02 PHILIP F POWELL 79.12 PHILIP F POWELL 5.31 PHILIP F POWELL 20.03 PHILIP F POWELL 387.02 WILLIAM J PRIEFER 105.44 WILLIAM J PRIEFER 27.21 WILLIAM J PRIEFER 28.62 WILLIAM J PRIEFER 69.08 STEVEN PRIEM 100.58 STEVEN PRIEM 532.50 STEVEN PRIEM 39.31 STEVEN PRIEM -54.32 STEVEN PRIEM 284.08 STEVEN PRIEM 52.75 STEVEN PRIEM 54.74 STEVEN PRIEM 139.00 STEVEN PRIEM 52.94 STEVEN PRIEM 97.47 STEVEN PRIEM 54.74 STEVEN PRIEM 50.76 STEVEN PRIEM 14.89 STEVEN PRIEM 39.29 STEVEN PRIEM 45.80 STEVEN PRIEM 105.31 STEVEN PRIEM 48.03 STEVEN PRIEM 135.39 STEVEN PRIEM 10 Post Date Vendor Name Settlement Amt Cardholder Name 07/26/2004 MARCUS OAKD.CIN #488 Q25 11.00 AUDRA ROBBINS 07/26/2004 MARCUS OAKD.CIN #488 Q25 235.00 AUDRA ROBBINS 07/27/2004 MENARDS 3059 35.38 AUDRA ROBBINS 07/28/2004 AMERICAN RED CROSOI OF O1 249.00 AUDRA ROBBINS 07/29/2004 THE HOME DEPOT 2801 23.28 AUDRA ROBBINS 07/30/2004 WONDER/HOSTESS #63 12.00 AUDRA ROBBINS 08/02/2004 OLD LOG THEATER, LTD 317.00 AUDRA ROBBINS 07/30/2004 MENARDS 3027 104.38 AUDRA ROBBINS 08/02/2004 MICHAELS #2744 26.21 AUDRA ROBBINS 08/02/2004 SUPERAMERICA 4022 12.27 AUDRA ROBBINS 08/02/2004 CUB FOODS, INC. 28.53 AUDRA ROBBINS 08/02/2004 TARGET 00011858 58.88 AUDRA ROBBINS 08/03/2004 TARGET 00011858 104.85 AUDRA ROBBINS 08/05/2004 TARGET 00006197 15.93 AUDRA ROBBINS 08/05/2004 TARGET 00006197 17.54 AUDRA ROBBINS 08/06/2004 CITY OF SHOREVIEW 720.27 AUDRA ROBBINS 08/06/2004 MILL CITY MUSEUM 270.00 AUDRA ROBBINS 07/29/2004 MENARDS 3022 36.10 JAMES SCHINDELDECKER 08/02/2004 ARAMARK REF SVS #6013- 309.95 RUSSELL L SCHMIDT 08/02/2004 T-MOBILE 82.98 SCOTT SCHULTZ 08/05/2004 GOODIN COMPANY 30.70 SCOTT SCHULTZ 07/27/2004 ROWS VIRTUE PRINTI 156.56 ANDREA SINDT 08/03/2004 T-MOBILE 29.88 ANDREA SINDT 08/04/2004 AMERICAN RED CROSOI OF O1 56.95 ANDREA SINDT 08/03/2004 NEXTEL WIRELESS SVCS 441.97 ANDREA SINDT 08/05/2004 S & T OFFICE PRODUCTS 72.70 ANDREA SINDT 07/26/2004 OFFICE MAX 00002204 45.74 PAULINE STAPLES 07/27/2004 BLOOMINGTON SECURITY SOLU 197.55 PAULINE STAPLES 07/28/2004 S & T OFFICE PRODUCTS 10.61 PAULINE STAPLES 07/30/2004 ORIENTAL TRADE BUSINESS A 26.70 PAULINE STAPLES 08/02/2004 ORIENTAL TRADE BUSINESS A 34.32 PAULINE STAPLES 07/26/2004 S & T OFFICE PRODUCTS 398.89 JOANNE M SVENDSEN 07/26/2004 S & T OFFICE PRODUCTS -3.66 JOANNE M SVENDSEN 07/27/2004 S & T OFFICE PRODUCTS 9.86 JOANNE M SVENDSEN 07/28/2004 S & T OFFICE PRODUCTS -6.00 JOANNE M SVENDSEN 07/27/2004 TWIN CITY GARAGE DOOR COM 16.25 RONALD SVENDSEN 07/26/2004 NONIN MEDICAL INC 1,917.21 RUSTIN SVENDSEN 07/27/2004 PETERBILT NORTH 13.13 RUSTIN SVENDSEN 07/27/2004 ZEP MANUFACTURING 245.33 RUSTIN SVENDSEN 08/04/2004 ASPEN MILLS 8005717343 933.93 RUSTIN SVENDSEN 08/06/2004 PEN FIRE ENGINEERING 32.50 RUSTIN SVENDSEN 07/26/2004 EXCELLCOM 63.24 LYLE SWANSON 07/26/2004 CRAMER BLDG SERVICES INC 98.50 LYLE SWANSON 07/28/2004 THE HOME DEPOT 2801 115.49 LYLE SWANSON 07/30/2004 D C SALES CO INC-MPLS 49.90 LYLE SWANSON 08/02/2004 MINVALCO INC 85.44 LYLE SWANSON 08/02/2004 DALCO ENTERPRISES, INC 596.38 LYLE SWANSON 08/02/2004 BATTERIES PLUS 149.08 LYLE SWANSON 08/04/2004 AMERICAN FLAGPOLE & FLAG 35.66 LYLE SWANSON 08/04/2004 HIRSHFIELD'S MAPLEWOOD 9.13 LYLE SWANSON 08/04/2004 HIRSHFIELD'S MAPLEWOOD 98.98 LYLE SWANSON 08/06/2004 ROCKLER WOODWORK 013 5.31 LYLE SWANSON 07/29/2004 RESERVUSA 888-448-1474 -38.00 DOUGLAS J TAUBMAN 07/29/2004 RESERVUSA 888-448-1474 -38.00 DOUGLAS J TAUBMAN 08/02/2004 T-MOBILE 104.62 DOUGLAS J TAUBMAN 07/29/2004 MOGREN BROTHERS -31.95 TODD TEVLIN 11 Post Date Vendor Name 07/29/2004 MOGREN BROTHERS 08/05/2004 AMERICAN IRRIGATION 07/26/2004 FORESTRY SUPPLIERS, INC. 08/02/2004 ROWS VIRTUE PRINTI 07/27/2004 PIONEER PRESS SUBSCRIPTI 07/28/2004 ANDIAMO 07/30/2004 MENARDS 3059 07/30/2004 BEST BUY 00000109 08/05/2004 SUPERIOR PROD CAT CO Settlement Amt Cardholder Name 665.63 TODD TEVLIN 6.06 TODD TEVLIN 174.50 JUDY WEGWERTH 99.79 JUDY WEGWERTH 8.30 SUSAN ZWIEG 2,000.00 SUSAN ZWIEG 10.63 SUSAN ZWIEG 191.69 SUSAN ZWIEG 58.92 SUSAN ZWIEG 44,167.38 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/13/04 CARDINAL, ROBERT 406.78 dd 08/13/04 JUENEMANN, KATHLEEN 358.00 dd 08/13/04 KOPPEN, MARVIN 358.00 dd 08/13/04 MONAHAN-JUNEK, JACQUELINE 358.00 dd 08/13/04 ROSSBACH, WILLIAM 358.00 dd 08/13/04 COLEMAN, MELINDA 3,967.87 dd 08/13/04 DARST, ROBERTA 1,499.68 dd 08/13/04 FURSMAN, RICHARD 4,629.25 dd 08/13/04 SWANSON, LYLE 1,717.25 dd 08/13/04 LE, SHERYL 3,824.76 dd 08/13/04 RAMEAUX, THERESE 2,197.61 dd 08/13/04 FAUST, DANIEL 3,982.97 dd 08/13/04 SCHMIDT, DEBORAH 1,348.44 dd 08/13/04 ANDERSON, CAROLE 84.37 dd 08/13/04 BAUMAN, GAYLE 3,072.70 dd 08/13/04 JACKSON, MARY 1,766.84 dd 08/13/04 KELSEY, CONNIE 800.39 dd 08/13/04 TETZLAFF, JUDY 1,766.84 dd 08/13/04 FRY, PATRICIA 1,639.65 dd 08/13/04 GUILFOILE, KAREN 2,694.95 dd 08/13/04 OSTER, ANDREA 1,713.07 dd 08/13/04 CARLE, JEANETTE 1,584.27 dd 08/13/04 FIGG, SHERRIE 1,139.63 dd 08/13/04 JAGOE, CAROL 1,605.89 dd 08/13/04 JOHNSON, BONNIE 949.23 dd 08/13/04 OLSON, SANDRA 1,255.68 dd 08/13/04 SCHACHT, BARBARA 1,639.29 dd 08/13/04 WEAVER, KRISTINE 1,692.90 dd 08/13/04 BANICK, JOHN 3,445.97 dd 08/13/04 CORCORAN, THERESA 1,664.68 dd 08/13/04 POWELL, PHILIP 2,156.41 dd 08/13/04 SPANGLER, EDNA 484.00 dd 08/13/04 THOMALLA, DAVID 3,817.59 dd 08/13/04 ABEL, GLINT 2,056.86 dd 08/13/04 ALDRIDGE, MARK 2,678.44 dd 08/13/04 ANDREWS, SCOTT 3,211.06 dd 08/13/04 BAKKE, LONN 2,361.16 dd 08/13/04 BELDE, STANLEY 2,519.43 dd 08/13/04 BIERDEMAN, BRIAN 1,911.42 dd 08/13/04 BOHL, JOHN 2,679.77 dd 08/13/04 BUSACK, DANIEL 2,347.54 dd 08/13/04 COFFEY, KEVIN 1,973.23 dd 08/13/04 GROTTY, KERRY 2,389.25 dd 08/13/04 DOBLAR, RICHARD 2,586.21 dd 08/13/04 GABRIEL, ANTHONY 1,552.39 dd 08/13/04 HEINZ, STEPHEN 2,569.71 dd 08/13/04 HIEBERT, STEVEN 3,812.78 dd 08/13/04 JOHNSON, KEVIN 3,238.43 dd 08/13/04 KARIS, FLINT 3,343.78 dd 08/13/04 KONG, TOMMY 2,222.71 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/13/04 KROLL, BRETT 2,277.07 dd 08/13/04 KVAM, DAVID 3,063.63 dd 08/13/04 CARSON, DANIEL 2,590.27 dd 08/13/04 LU, JOHNNIE 2,654.09 dd 08/13/04 MARINO, JASON 1,947.78 dd 08/13/04 MARTIN, JERROLD 2,498.12 dd 08/13/04 MCCARTY, GLEN 1,767.81 dd 08/13/04 METRY, ALESIA 1,956.87 dd 08/13/04 OLSON, JULIE 2,389.15 dd 08/13/04 RABBETT, KEVIN 3,124.61 dd 08/13/04 STEFFEN, SCOTT 3,022.18 dd 08/13/04 SZCZEPANSKI, THOMAS 2,305.56 dd 08/13/04 THIENES, PAUL 3,141.68 dd 08/13/04 TRAN, JOSEPH 2,302.29 dd 08/13/04 WENZEL, JAY 2,368.35 dd 08/13/04 XIONG, KAO 2,002.32 dd 08/13/04 BARTZ, PAUL 2,326.31 dd 08/13/04 BERGERON, JOSEPH 3,170.01 dd 08/13/04 DUGAS, MICHAEL 2,235.77 dd 08/13/04 DUNN, ALICE 2,890.64 dd 08/13/04 ERICKSON, VIRGINIA 2,476.49 dd 08/13/04 EVERSON, PAUL 1,760.44 dd 08/13/04 FLOR, TIMOTHY 2,388.54 dd 08/13/04 FRASER, JOHN 2,430.03 dd 08/13/04 HALWEG, JODI 1,630.04 dd 08/13/04 L'ALLIER, DANIEL 2,187.48 dd 08/13/04 LANGNER, SCOTT 1,660.10 dd 08/13/04 PALMA, STEVEN 2,841.76 dd 08/13/04 PARSONS, KURT 2,227.05 dd 08/13/04 DAWSON, RICHARD 1,842.83 dd 08/13/04 DUELLMAN, KIRK 1,862.46 dd 08/13/04 JOHNSON, DOUGLAS 1,790.44 dd 08/13/04 NOVAK, JEROME 1,875.56 dd 08/13/04 PETERSON, ROBERT 1,887.96 dd 08/13/04 SVENDSEN, RONALD 1,922.14 dd 08/13/04 GERVAIS-JR, CLARENCE 2,575.00 dd 08/13/04 FEHR, JOSEPH 1,824.98 dd 08/13/04 FLAUGHER, JAYME 2,866.64 dd 08/13/04 HERMANSON, CHAD 1,130.50 dd 08/13/04 JACKSON, LINDA 1,567.64 dd 08/13/04 LAFFERTY, WALTER 1,808.44 dd 08/13/04 LINK, BRYAN 1,644.45 dd 08/13/04 PACOLT, MARSHA 2,142.40 dd 08/13/04 RABINE, JANET 2,139.24 dd 08/13/04 STAHNKE, JULIE 1,808.44 dd 08/13/04 LUKIN, STEVEN 3,353.68 dd 08/13/04 SVENDSEN, RUSTIN 2,678.00 dd 08/13/04 ZWIEG, SUSAN 1,765.54 dd 08/13/04 DOLLERSCHELL, ROBERT 266.30 dd 08/13/04 AHL, R. CHARLES 4,220.84 dd 08/13/04 NIVEN, AMY 1,141.53 dd 08/13/04 PRIEFER, WILLIAM 2,462.94 dd 08/13/04 WEGWERTH, JUDITH 1,715.29 dd 08/13/04 BRINK, TROY 1,546.84 dd 08/13/04 DEBILZAN, THOMAS 1,751.64 dd 08/13/04 EDGE, DOUGLAS 1,786.04 14 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/13/04 JONES, DONALD 1,981.99 dd 08/13/04 KANE, MICHAEL 2,722.50 dd 08/13/04 LUTZ, DAVID 1,790.49 dd 08/13/04 MEYER, GERALD 1,857.33 dd 08/13/04 NAGEL, BRYAN 1,961.87 dd 08/13/04 OSWALD, ERICK 2,428.28 dd 08/13/04 TEVLIN, TODD 1,665.58 dd 08/13/04 CAVETT, CHRISTOPHER 3,056.22 dd 08/13/04 DUCHARME, JOHN 2,230.84 dd 08/13/04 ENGSTROM, ANDREW 1,479.66 dd 08/13/04 JACOBSON, SCOTT 1,730.65 dd 08/13/04 LABEREE, ERIN 2,345.05 dd 08/13/04 LINDBLOM, RANDAL 2,277.07 dd 08/13/04 MURRA, AARON 1,021.49 dd 08/13/04 PECK, DENNIS 2,639.20 dd 08/13/04 PRIEBE, WILLIAM 2,613.85 dd 08/13/04 SMITH III, DONAVAN 941.56 dd 08/13/04 VERMEERSCH, CHARLES 2,065.24 dd 08/13/04 ANDERSON, BRUCE 3,939.03 dd 08/13/04 CAREY, HEIDI 1,952.44 dd 08/13/04 HALL, KATHLEEN 465.49 dd 08/13/04 YOUNG, AMANDA 840.00 dd 08/13/04 BORGLUM, DUSTIN 1,320.00 dd 08/13/04 GERVAIS, DAVID 1,111.00 dd 08/13/04 MARUSKA, MARK 2,513.20 dd 08/13/04 NAUGHTON, JOHN 1,622.04 dd 08/13/04 SCHINDELDECKER, JAMES 1,788.27 dd 08/13/04 BIESANZ, OAKLEY 1,430.05 dd 08/13/04 HAYMAN, JANET 1,048.10 dd 08/13/04 HUTCHINSON, ANN 1,952.49 dd 08/13/04 KOS, HEATHER 427.31 dd 08/13/04 NELSON, JEAN 1,028.61 dd 08/13/04 SEEGER, GERALD 501.62 dd 08/13/04 GAYNOR, VIRGINIA 1,918.04 dd 08/13/04 MULHOLLAND, NANCY 1,011.50 dd 08/13/04 EKSTRAND, THOMAS 2,740.62 dd 08/13/04 KROLL, LISA 1,154.15 dd 08/13/04 LIVINGSTON, JOYCE 1,046.66 dd 08/13/04 LORSUNG, ROSE 913.00 dd 08/13/04 SINDT, ANDREA 1,554.04 dd 08/13/04 THOMPSON, DEBRA 632.82 dd 08/13/04 YOUNG, TAMELA 1,437.24 dd 08/13/04 FINWALL, SHANN 2,126.04 dd 08/13/04 ROBERTS, KENNETH 2,344.27 dd 08/13/04 CARVER, NICHOLAS 2,561.82 dd 08/13/04 FISHER, DAVID 3,022.43 dd 08/13/04 MENNENGA, JOHN 1,040.00 dd 08/13/04 RICE, MICHAEL 1,810.04 dd 08/13/04 SWAN, DAVID 1,898.04 dd 08/13/04 KONEWKO, DUWAYNE 2,548.44 dd 08/13/04 ANZALDI, MANDY 805.00 dd 08/13/04 BJORK, ALICIA 102.88 dd 08/13/04 BJORK, BRANDON 780.00 dd 08/13/04 FINN, GREGORY 2,011.89 dd 08/13/04 GOODRICH, CHAD 448.35 dd 08/13/04 GRAF, MICHAEL 1,728.26 15 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/13/04 HADDAD, JULIE 258.75 dd 08/13/04 KELLY, LISA 1,100.04 dd 08/13/04 NIEMCZYK, BRIAN 150.00 dd 08/13/04 OHLHAUSER, MEGHAN 800.00 dd 08/13/04 ROBBINS, AUDRA 1,872.13 dd 08/13/04 SHERRILL, CAITLIN 207.00 dd 08/13/04 TAUBMAN, DOUGLAS 2,639.27 dd 08/13/04 WERNER, KATIE 97.75 dd 08/13/04 ZIELINSKI, JOSEPH 121.50 dd 08/13/04 BREHEIM, ROGER 1,790.49 dd 08/13/04 NORDQUIST, RICHARD 1,965.67 dd 08/13/04 SCHULTZ, SCOTT 1,959.65 dd 08/13/04 COLLINS, ASHLEY 138.60 dd 08/13/04 CRAWFORD - JR, RAYMOND 481.25 dd 08/13/04 CROSSON, LINDA 2,338.51 dd 08/13/04 FONTAINE, ANTHONY 716.43 dd 08/13/04 MOY, PAMELA 424.05 dd 08/13/04 PELOQUIN, PENNYE 352.02 dd 08/13/04 SCHMIDT, RUSSELL 2,279.15 dd 08/13/04 STAPLES, PAULINE 2,720.85 dd 08/13/04 ABRAHAMSON, DANIEL 160.00 dd 08/13/04 ABRAHAMSON, REBECCA 203.03 dd 08/13/04 BRENEMAN, NEIL 693.62 dd 08/13/04 CORNER, AMY 22.40 dd 08/13/04 EDSON, JAMIE 307.13 dd 08/13/04 ERICKSON, CAROL 42.50 dd 08/13/04 GREDVIG, ANDERS 99.00 dd 08/13/04 GUZIK, JENNIFER 264.38 dd 08/13/04 HALEY, BROOKE 201.00 dd 08/13/04 HORWATH, RONALD 1,783.14 dd 08/13/04 IRISH, KARL 622.90 dd 08/13/04 KOEHNEN, AMY 85.40 dd 08/13/04 KOEHNEN, MARY 812.65 dd 08/13/04 KRONHOLM, KATHRYN 707.63 dd 08/13/04 LAWSON, JOSHUA 63.00 dd 08/13/04 LINDSTROM, AMANDA 197.56 dd 08/13/04 OVERBY, ANNA 18.65 dd 08/13/04 SCHAEFER, ROB 454.05 dd 08/13/04 SCHULTZ, MATTHEW 58.50 dd 08/13/04 SCHULTZ, PETER 82.23 dd 08/13/04 SHAW, KRISTINA 129.50 dd 08/13/04 SMITH, ANN 18.00 dd 08/13/04 TUPY, HEIDE 126.10 dd 08/13/04 TUPY, MARCUS 300.63 dd 08/13/04 GROPPOLI, LINDA 346.50 dd 08/13/04 KURKOSKI, STEPHANIE 49.00 dd 08/13/04 BEHAN, JAMES 1,668.76 dd 08/13/04 LONETTI, JAMES 959.73 dd 08/13/04 MILES, LAURA 350.10 dd 08/13/04 PATTERSON, ALBERT 1,023.72 dd 08/13/04 PRINS, KELLY 915.33 dd 08/13/04 REILLY, MICHAEL 1,505.24 dd 08/13/04 AICHELE, CRAIG 1,838.68 dd 08/13/04 PRIEM, STEVEN 2,008.44 dd 08/13/04 BERGO, CHAD 2,071.54 dd 08/13/04 FOWLDS, MYCHAL 1,850.70 16 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/13/04 HURLEY, STEPHEN 2,991.94 wf 98249 08/13/04 INGVOLDSTAD, CURTIS 56.25 wf 98250 08/13/04 KARSTENS, BRAD 50.00 wf 98251 08/13/04 JAHN, DAVID 1,573.98 wf 98252 08/13/04 MALDONADO, JUANA 694.78 wf 98253 08/13/04 MORIN, TROY 199.75 wf 98254 08/13/04 MATHEYS, ALANA 1,847.41 wf 98255 08/13/04 GENNOW, PAMELA 932.75 wf 98256 08/13/04 HANSEN, LORI 1,646.04 wf 98257 08/13/04 PALANK, MARY 1,841.51 wf 98258 08/13/04 RICHIE, CAROLE 1,701.81 wf 98259 08/13/04 SVENDSEN, JOANNE 1,750.13 wf 98260 08/13/04 SHORTREED, MICHAEL 3,257.39 wf 98261 08/13/04 STEINER, JOSEPH 453.00 wf 98262 08/13/04 WELCHLIN, CABOT 2,305.56 wf 98263 08/13/04 ESTREM, LYNNETTE 270.00 wf 98264 08/13/04 BAUMAN, ANDREW 64.00 wf 98265 08/13/04 GERARD, JAMIE 192.00 wf 98266 08/13/04 SEDLACEK, JEFFREY 64.00 wf 98267 08/13/04 BAUER, MICHELLE 1,512.44 wf 98268 08/13/04 FREBERG, RONALD 1,831.31 wf 98269 08/13/04 HAAG, ROBERT 800.00 wf 98270 08/13/04 STEWART, RYAN 800.00 wf 98271 08/13/04 GROVER, MICHAEL 1,013.02 wf 98272 08/13/04 JAROSCH, JONATHAN 981.75 wf 98273 08/13/04 JOHNSON, ROBERT 1,336.50 wf 98274 08/13/04 EDSON, DAVID 1,820.09 wf 98275 08/13/04 HELEY, ROLAND 1,822.31 wf 98276 08/13/04 HINNENKAMP, GARY 1,959.06 wf 98277 08/13/04 LINDORFF, DENNIS 1,790.49 wf 98278 08/13/04 NAUGHTON, RYAN 1,338.00 wf 98279 08/13/04 NOVAK, MICHAEL 1,718.04 wf 98280 08/13/04 GERNES, CAROLE 403.88 wf 98281 08/13/04 SOUTTER, CHRISTINE 338.44 wf 98282 08/13/04 ANZALDI, KALI 580.25 wf 98283 08/13/04 BALLESTRAZZE, THAD 756.00 wf 98284 08/13/04 BENSON, CARLA 270.00 wf 98285 08/13/04 CONLIN, NICOLE 96.00 wf 98286 08/13/04 DAMIANI, ROBERT 120.00 wf 98287 08/13/04 EGGIMANN, LINDSEY 243.00 wf 98288 08/13/04 GEBHARD, JILLIAN 471.50 wf 98289 08/13/04 GEBHARD, MADELINE 1,089.00 wf 98290 08/13/04 GLASS, DANIEL 300.00 wf 98291 08/13/04 HJELMGREN, NICOLE 192.38 wf 98292 08/13/04 KYRK, ASHLEY 260.00 wf 98293 08/13/04 OHLHAUSER, MOLLY 80.00 wf 98294 08/13/04 UNGAR, KRISTOPHER 120.00 wf 98295 08/13/04 HAAG, MARK 1,669.24 wf 98296 08/13/04 NADEAU, EDWARD 2,722.50 wf 98297 08/13/04 BROWN, LAURIE 207.00 wf 98298 08/13/04 DISKERUD, HEATHER 225.00 wf 98299 08/13/04 GLASS, JEAN 1,677.66 wf 98300 08/13/04 SCHULZE, BRIAN 601.25 wf 98301 08/13/04 TOLBERT, FRANCINE 408.00 wf 98302 08/13/04 LINGER, MARGARET 246.72 wf 98303 08/13/04 WEISMANN, JENNIFER 265.84 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 98304 08/13/04 ANDERSON, CALEB 124.34 wf 98305 08/13/04 BACHMAN, NICOLE 418.00 wf 98306 08/13/04 BOTHWELL, KRISTIN 563.01 wf 98307 08/13/04 BRENEMAN, SEAN 448.88 wf 98308 08/13/04 BRIN, LAUREN 48.75 wf 98309 08/13/04 COSTA, JOSEPH 63.45 wf 98310 08/13/04 DEMPSEY, BETH 89.60 wf 98311 08/13/04 DUNN, RYAN 593.87 wf 98312 08/13/04 ESTRADA, KIEL 166.25 wf 98313 08/13/04 FALKENSTEIN, MONICA 204.00 wf 98314 08/13/04 FENGER, JUSTIN 56.35 wf 98315 08/13/04 FONTAINE, KIM 637.87 wf 98316 08/13/04 GESKERMANN, MARK 104.00 wf 98317 08/13/04 GRANT, MELISSA 160.05 wf 98318 08/13/04 GRUENHAGEN, LINDA 230.70 wf 98319 08/13/04 HEWN, REBECCA 384.00 wf 98320 08/13/04 HOLMGREN, LEAH 791.77 wf 98321 08/13/04 HOULE, DENISE 111.50 wf 98322 08/13/04 HUPPERT, ERIN 617.34 wf 98323 08/13/04 JOHNSON, STETSON 725.26 wf 98324 08/13/04 KERSCHNER, JOLENE 906.75 wf 98325 08/13/04 LAUMER, MELISSA 81.00 wf 98326 08/13/04 MCMAHON, MELISSA 594.15 wf 98327 08/13/04 MILLS, ANNE 360.00 wf 98328 08/13/04 OLSON, ABIGAIL 87.20 wf 98329 08/13/04 OLSON, MARGRET 258.33 wf 98330 08/13/04 PEHOSKI, JOEL 332.90 wf 98331 08/13/04 PETERSON, ANNA 39.00 wf 98332 08/13/04 PROESCH, ANDY 419.32 wf 98333 08/13/04 RODEN, JASON 103.60 wf 98334 08/13/04 ROSTRON, ROBERT 208.00 wf 98335 08/13/04 SCHMIDT, EMILY 84.50 wf 98336 08/13/04 SCHOENECKER, SAMANTHA 165.75 wf 98337 08/13/04 SCHREINER, MICHELLE 262.34 wf 98338 08/13/04 SMITLEY, SHARON 276.00 wf 98339 08/13/04 STAHNKE, AMY 152.75 wf 98340 08/13/04 TRUE, ANDREW 122.40 wf 98341 08/13/04 WARNER, CAROLYN 115.00 wf 98342 08/13/04 WEDES, CARYL 134.70 wf 98343 08/13/04 WELTER, ELIZABETH 625.96 wf 98344 08/13/04 WHITE, NICOLE 516.60 wf 98345 08/13/04 WOODMAN, ALICE 82.80 wf 98346 08/13/04 BOSLEY, CAROL 290.70 wf 98347 08/13/04 HAGSTROM, EMILY 54.00 wf 98348 08/13/04 HANSEN, ANNA 263.51 wf 98349 08/13/04 ODDEN, JESSICA 133.25 wf 98350 08/13/04 OIE, REBECCA 65.00 wf 98351 08/13/04 SATTLER, MELINDA 45.00 wf 98352 08/13/04 VAN HALE, PAULA 77.70 wf 98353 08/13/04 DOUGLASS, TOM 1,020.46 wf 98354 08/13/04 HER, CHONG 357.80 wf 98355 08/13/04 NAGEL, BROOKE 249.83 wf 98356 08/13/04 NEWCOMB, GENNA 131.34 wf 98357 08/13/04 RYDEEN, ARIEL 422.28 wf 98358 08/13/04 SIMPSON, KIMBERLYN 22.23 wf 98359 08/13/04 THEESFELD, CALEB 147.64 18 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 98360 08/13/04 VANG, CIA 113.05 wf 98361 08/13/04 VERDELL, TRAQUEZ 206.15 wf 98362 08/13/04 WAGNER, KEVIN 101.60 wf 98363 08/13/04 WILLIAMS, NICK 79.80 wf 98364 08/13/04 ZIEMER, NICOLE 64.35 wf 98365 08/13/04 MULVANEY, DENNIS 1,967.73 wf 98366 08/13/04 FRANZEN, NICHOLAS 1,053.00 438,580.66 19 AGENDA NO. G-2 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Transfers to Close Project Funds DATE: August 17, 2004 Three public improvement projects have been completed and the final state aid payments have been received for them. There is a small deficit in the fund for each project that can be eliminated by transfers in from the Street Construction State Aid (S.C.S.A.) Fund. It is recommended that the City Council approve the following transfers from the S.C.S.A. Fund and the appropriate budget changes: $ 958.54 for Project 98-09, McKnight Road EVP $2,109.76 for Project 01-08, White Bear Avenue Intersection Improvements $2,395.37 for Project 02-05, Edgerton/Roselawn Signal System Replacement PWGN\TRANSFERS TO CLOSE PROJECTS AGENDA NO. G-3 AGENDA REPORT TO: City Manager FROM: Finance Director RE: State Aid Bonds Certification DATE: August 17, 2004 When state aid bonds have been issued, the attached resolution needs to be adopted and sent to the state commissioner of transportation. This provides notice to the state that the bonds have been issued so that state aid payments can be sent to the city to finance the debt service payments on the bonds. It is recommended that the City Council adopt the attached resolution. PWGN\STATE AID BONDS CERTIFICATION MUNICIPAL STATE AID BONDS RESOLUTION WHEREAS, the Municipality of Maplewood has issued and sold bonds, dated August 1, 2004, in the amount of $5,355,000 exclusively for the purpose of establishing, locating, relocating, constructing, reconstructing or improving its State Aid Streets in accordance with Minnesota Statue 162.18, and WHEREAS, said Municipality of Maplewood has irrevocably pledged to the sinking funds from which said obligations are payable, that amount of their future State Aid allotments needed to pay the principal and interest thereon; which principal payments shall be made fro the Construction Account and the interest payments made from their Maintenance Account, and WHEREAS, the Municipality agrees to certify to the Commissioner of Transportation within 30 days following issuance of the bond, the amount of the total obligation and the amount of principal and interest required to be paid annually in accordance with Minnesota Rules 8820.1500, Subp. 11. NOW, THEREFORE, BE IT RESOLVED: That the Commissioner of Transportation be and is hereby requested upon receipt of this resolution to annually certify to the Commissioner of Finance the sum of money required for the principal and interest on said bonds. Agenda #G4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Chesapeake Retail Center Final Plat APPLICANT: Chesapeake Companies Development Group, LLC LOCATION: 3081, 3085, 3087, 3095 White Bear Avenue DATE: August 16, 2004 INTRODUCTION Chesapeake Companies is requesting that the city council approve the final plat for the Chesapeake Retail Center. This plat will subdivide 3091 White Bear Avenue into four separate lots. The lots will be developed with four businesses including Buffalo Wild Wings, Jared Jewelers, TGI Fridays, and amulti-tenant building. BACKGROUND On May 24, 2004, the city council approved the following for the Chesapeake Retail Center plat: 1. Preliminary Plat to divide the site into four lots. 2. Planned Unit Development (PUD). 3. Design Review. DISCUSSION The applicants have revised the plat to reflect the required White Bear Avenue and County Road D roadway dedications. In addition, a condition of final plat approval was subject to the applicants submitting easement and owners' agreements for access, parking, utilities, freestanding sign, and maintenance between all four properties. The applicants have these documents drafted and under review by their attorneys, and have promised to have them available for staff review on August 23, 2004. City staff will review these documents for completeness prior to the required plat signatures by the mayor and city clerk. RECOMMENDATION Approve the Chesapeake Retail Center final plat. This approval is subject to Chesapeake Companies submitting the required easement and owners' association documents to city staff for review and approval, and the applicant recording the plat and easement and owners' association documents with the county. p:sec 2N1Chesapeake Final Plat Attachments: 1. Location Map 2. Site Plan 3. Chesapeake Retail Center Final Plat 4. May 24, 2004, City Council Minutes Attachment 1 -- I-694 -- -,-i-- ~- ~- - Chesapeake Retail 3091 White Bear Avenue i i M plewood Mall ~ ~~ N w E Location Map Attachment 2 •41M N~Nw+~ hMw~4nd Sm1~R bra ~~_ 1~~. ~y~q~ 401 ~ Ip MiLNO A ~~ 4d pLGI10 B 90N JRDNO C C C O~ Q N W E S L x01 401 a e01a14 0 Site Plan 3 Attachment 3 a o.leen i/Z xa sr ie »a irvl •q• .•e •n• iwen•• •IU N.LS N6 172'J0. • o.l•e« i/t ren ~•n ro. lwna Fer U• ol+o•... N w. N•l U• nvU IN• e! Lsl I &ae i, YAHENOpp MAIL AOdTltl/ b e•41n•• is haw a •wYly N S!••]3'0•'C CHESAPEAKE ~9ETA/L CENTER ~_~_~ 11 ••Y.1>r•~T i4~ 11 a>RyI••.M•Zn '~ 0• rA••n eswn wt we• J + . +~I~JJ C,~ ~ 1 A ~)~~ v e ~yl(" R ~~ e b Y __.' ~~C/~ 1 M A.~TZ f! O!'.n/ --'~' ••raraT 4a7a i i i -~~T~~ I 1 I I I I I I I 1 I I I I 1 I I I I f/~ i ~^ e e ~_ + i 4 i + i i r- , ------_T---- ------T- --~,~-- + ~ 11 ~ ~ ~ ••~n^,f` of ~l i ~ ~ r - ~ ~---- ------1--- a --------~---~.- '~~.$ ~ ~ ~ lIMONO DL COfNN IIP6l1[ L1OOR-; i• b ~ y I ra ooc Na I+ar s + ~ f' _ +`+~+ M ~ i N 1~ + :V: ~~.. ~_... . ~. -_.._._ 0 nle9tu~oe•w +eau i' x ~ `` / . -IVwo eu arr ' ~ ~ - ~Ig11110M~tTATO'••OI CplAM 6LCIIN' (O F ~ ~ 41OIO1 ~ 001. 116 IINIK `` ~ 1 ~ 1 ' 1 I 1 ~"~•Ir--L~--~7-----------------------------------------~---- -- / -~'+ J / ~. N W E ~ S -FP•i Iu i0Y• MINUTES MAPLEWOOD CITY COUNCIL 7:06 P.M. Monday, May 24, 2004 Council Chambers, Municipal Building Meeting No. 04-11 Attachment 4 4. 9:26 p.m. Chesapeake Companies Retail Center (Maplewood Movies ISite - 3091 White Bear Avenue) Preliminary Plat Planned Unit Development Design Approval a. City Manager Fursman presented the report. b. Associate Planner Finwall presented specifics from the report. c. Boardmember Longrie-Kline presented the Community Design Review Board report. d. Mayor Cazdinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Jeff Wurst, Chesapeake Companies Development Group, LLC Jim Schmidt, Legal Counsel for Buffalo Wildwings, Inc. Sheri Ahrens, Westwood Professional Services, Inc Jeff Wurst, second appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the preliminarYplat for the Chesapeake Retail Center at 3091 White Beaz Avenue date stamped Mazch 30, 2004. Approval is subject to the following conditions: a. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's ~~,eltm;~~ Apri126, 2004, engineering plan review. ~q~ b. Revise the plat to show: Co~1a~ }~ ~~ 1) The dedication of 10 feet of additional right-of--way along White Beaz Avenue. 2) The dedication of 17 feet of additional right-of--way along County Road D. c. Prior to final plat approval, the following must be submitted for city staff approval: 1) Easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. 2) Easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. City Council Meeting OS-24-04 3) Owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). d. Record all easements and owners association agreements with the final plat. Seconded by Councilmember Rossbach Ayes-All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the development of four restaurant/retails buildings at 3091 White Bear Avenue , Chesapeake Retail CenterZ CONDITIONAL USE PERMIT RESOLUTION 04-OS-097 WHEREAS, Chesapeake Companies Development Group, LLC, applied for a conditional use permit for a planned unit development to construct four restaurant/retail buildings for a development known as Chesapeake Retail Center. WHEREAS, this permit applies to the property at 3091 White Bear Avenue. The legal description is Lot 1, Block 1, Maplewood Mall Addition. WHEREAS, the history of this conditional use permit is as follows: 1. On May 3, 2004, the planning commission reviewed this request and made a recommendation about this permit. 2. On May 24, 2004, the city council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. City Council Meeting OS-24-04 6 5. The use would generate only minimal vehiculaz 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. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's Apri126, 2004, engineering plan review as well as the following: a. A westwazd extension of the retaining wall south of Building D (Jazed Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. 2. An easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. 3. An easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. 4. An owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). 5. All 8-foot-wide parking spaces must be signed as either "employee" or "compact" car pazking only. 6. Signage for Buildings B, C, and D aze allowed. as follows: a. One freestanding sign, 25 feet in height and 100 squaze feet in azea. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The TGI Friday's and Jazed Jeweler's freestanding signs must maintain a 5-foot setback to the White Beaz Avenue right-of--way and a 10-foot setback to all side property lines. The Buffalo Wild Wing's freestanding must maintain a 1-foot setback to the County Road Dright-of--way and a 5-foot setback to the side property line. All three freestanding signs must have a decorative base constructed of quality building materials to match the corresponding buildings. b. Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall azea on which the sign is attached. Wall signs are not permitted on a canopy. City Council Meeting OS-24-04 7. All construction shall follow the plans date-stamped March 30, 2004 and April 26, 2004, with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. 8. The proposed construction must be substantially started within one yeaz of city council approval or the permit shall end. The city council may extend this deadline for one year. 9. The city council shall review this permit in one yeaz. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Koppen moved to approve the building and sign elevations, site plan, and landscape plan date-stamped Mazch 30.2004; the li Ming plan date-stamped Apri126, 2004; and the Jared Jewelers foundation landscape elan date-stamped Apri126, 2004, for the development of the Chesapeake Retail Center 3091 White Beaz Avenue: The developer shall do the following (changes made by city council reflected as underlined if added or stricken if deleted): a. Repeat this review in two years if the city has not issued a building permit for all three buildings for this project (Buildings B, C, and D). b. Submit the following to city staff prior to issuance of a grading or building permit: 1) Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's Apri126, 2004, engineering plan review as well as the following: a) A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create a prevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. 2) Obtain a demolition permit for the removal of the existing Maplewood Movie I Theater building. 3) Obtain the required Ramsey/Washington Metro Watershed District permits. 4) Submit payment for all required Pazk Access Charges (PAC fees) as specified in the Pazk Director's April 14, 2004, correspondence to Chesapeake Companies. 5) Submit an easement agreement that governs and provides for legal cross easements for parking, access, and utilities between all lots within the project. 6) Submit an easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. City Council Meeting OS-24-04 8 7) Submit an owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). 8) Submit a revised site plan showing the following: a) The dedication of 10 feet of additional right-of--way along White Beaz Avenue. b) The dedication of 17 feet of additional right-of--way along County Road D. c) Building C (TGI Fridays) and Building D (Jared Jewelers) shifted approximately five feet to the south, or a lesser distance, to accommodate a future driveway located to the north of Building C that would extend onto White Beaz Avenue. d) Pending continued cooperation with the adjacent property owner, show the location of a driveway and pedestrian cross-access on the south side of the property, to accommodate entrance and egress to and from the southerly property (3065 White Beaz Avenue). e) The extension of the sidewalk in front of Building A (future retail/restaurant) onto the County Road D trail. f) A pedestrian access extending from the White Beaz Avenue sidewalk. 9) A revised landscape plan, subject to review and approval by staff, that shows the following: a) Pending a shazed driveway scenario with Arbys, a revised landscape plan showing the area of disturbance and landscaping proposed. b) ~~ditional trees on the west side of the property, between the sidewalk and the Maplewood Mall road. c) Additional plantings in front of Jazed Jeweler's dumpster enclosure to help screen the enclosure from White Beaz Avenue. d) A foundation landscape plan for TGI Fridays and Buffalo Wild Wings. These plans should be consistent and complement the overall landscaping and Jared Jeweler's foundation plantings, and should ensure appropriate plantings in front of all dumpster enclosures to ensure screening from the roadways. e) An underground irrigation plan to ensure all landscaping is irrigated per city code. City Council Meeting OS-24-04 10) Revised building and dumpster enclosure elevations showing the following: TGI Fridays: a) Removal of the EIFS building material and replacement with brick, granite, and/or stone building materials and consistent building detail, including pazapet walls, on all elevations of the building. b) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. Jared Jewelers: a) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. Buffalo Wild Wings: a) Removal of the exposed neon stripe. b) Dumpster and recycling enclosure constructed of quality building materials to match the building. The enclosure must be at least 6 feet high and have a 100-percent opaque gate. c) A 6-foot-high fence azound the proposed outdoor patio to be approved by the city council prior to issuance of a liquor license for Buffalo Wild Wins. 11) A revised outdoor lighting and photometric plan. The revised plan shall show the exact location, height, and style of all outdoor lights. The light illumination from all outdoor lights may not exceed .4-foot-candles at all property lines. 12) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. c. Prior to issuance of sign permits, the following must be submitted: 1) Sign elevations for Buildings B, C, and D as follows: a) One freestanding sign, 25 feet in height and 100 squaze feet in azea. Freestanding sign height must be measured from building grade to top of the sign, not ground grade to top of sign. The TGI Friday's and Jazed Jeweler's freestanding signs must maintain a 5-foot setback to the White Bear Avenue right-of--way and a 10-foot setback to all side property lines. The Buffalo Wild Wing's freestanding sign must maintain a 1-foot setback to the County Road Dright-of--way and a 5- foot setback to the side property line. All three freestanding signs City Co~mcil Meeting OS-24-04 10 must have a decorative base constructed of quality building materials to match the corresponding buildings. b) Three wall signs per building, only one per elevation. Size of the wall sign is limited to 20 percent of the gross wall area on which the sign is attached. Wall signs aze not permitted on a canopy. 2) A detailed landscape plan for the base of all three proposed freestanding signs. d. Complete the following before occupying the buildings: 1) Install all required exterior improvements. 2) Screen all roof-mounted equipment visible from streets. e. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. f. All work shall follow the approved plans. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. g. Building A and signs associated with Building A are not included in this community design review approval. Seconded by Councilmember Monahan-Juenk Ayes-All City Council Meeting OS-24-04 Agenda #G5 MEMORANDUM TO: FROM: SUBJECT: LOCATION: PROJECT: DATE: City Manager Rose Lorsung, Planning Intern Conditional Use Permit Review 1291 Frost Avenue Budget Towing and Tire 8/6/2004 INTRODUCTION The conditional use permit (CUP) for Budget Towing and Tire, 1291 Frost Avenue, is due for review. The CUP is for this business to have an exterior display of tire racks in a BC (business commercial) zoning district. (See the maps on pages two and three and the city council minutes starting on page four.) BACKGROUND On September 23, 2002, the city council approved a CUP for Budget Towing and Tire to have an exterior display of up to ten tire racks that hold 18 tires each on the property. (See the council minutes starting on page four). On September 22, 2003, the city council approved cone-year time extension for the CUP for this site. DISCUSSION The business is open and currently meeting all of the conditions of approval set by the city council. The city had noticed once in the last year that the placement of the exterior tire display did not meet the conditions set forth by the city council (see attached minutes page five). Upon notification, Mr. Carlson informed the city that he placed the tires on the north side temporarily to repair the parking lot as instructed by the city council. Staff is not aware of any other problems at this site and upon inspection the city noticed that the tires were not displayed. The property is much cleaner and nicer looking now than before Budget Towing took it over. As such, staff does not see any problem with reviewing the CUP for this site again in one year. RECOMMENDATION Review the conditional use permit for Budget Towing and Tire at 1291 Frost Avenue again in one year or sooner if a problem arises or if the owner proposes a significant change to the site. Kr/p:secl6/budget tire review.04 Attachments: 1. Location Map 2. Site Plan 3. September 23, 2002 City Council Minutes Attachment 1 ~ ^ i ~~~ r ^ _ ~~ - ~~ ~ a' Tra~~ I Gatew Y _ __ -- Maplewood Lanes Z t ^ ~~ 1291 Frost Ave. City Open Space N W E s i D ~ ~~ ~ ~ i Vii- ~. nil AIL V I I I/ // II I I^ - ~' ~i i ~r - - - -- -- ^ 111 ~ ~ ' , , i ~~ ~ ~~ ~ ~i ~ ~ ~ Location Map 2 Attachment 2 :i ~~-1 ~~~~~~ ~ ~_~~~~ ~Q,~~ ~, ~ - ~_ .:~ ~ J\ a. ~~ ,Zci .+ ~ 4-L P i \I v~ N W E S Site Plan T ~ .. 3 Attachment 3 8. No vehicles maybe towed, parked, or stored at this location. 9. The following improvements must be made to the building and property by June 1, 2003: paint the building, remove the black paint from the windows, remove the old oil tank from the west side of the building, and install landscaping in the front of the property. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmember Collins Nays-Councilmembers Koppen, Juenemann and Wasiluk Motion Failed. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit as described in the staff report for the exterior display of tires at 1291 Frost Avenue: RESOLUTION 02-09-158 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Roy Carlson applied for a conditional use permit to display ten tire racks at Budget Towing and Tire; WHEREAS, this permit applies to property located at 1291 Frost Avenue, Maplewood, Minnesota. WHEREAS, the legal description is Lot 3, Block 1, Lincoln Park; WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0094; WHEREAS, the history of this conditional use permit is as follows: On September 4, 2002, the planning commission recommended that the city council approve the conditional use permit. 2. On September 23, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approved this permit because: 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 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: The exterior display of tires is limited to normal business hours (either 7 a.m. to 7 p.m. or 8 a.m. to 8 p.m.). All tires must be stored inside the building during close of business. 2. The exterior display of tires is limited to 10 tire racks that hold 18 tires each. 3. The exterior display of tires is limited to the west side of the building and toward the front of the west garage door. 4. The conditional use permit shall be reviewed for compliance with the required conditions in the event the property is leased to a new business that intends to operate an automobile related business with exterior tire display. 5. If the conditional use permit for exterior display of tires is abandoned and ceases for a continuous period of one year or more, the conditional use permit will become null and void. 6. Pavement on the site must be repaired and resurfaced by June 1, 2003. 7. The conditional use permit for the exterior display of tires shall be reviewed again in one year. 8. No vehicles maybe towed, parked, or stored at this location overnight (excluding one tow truck which maybe parked on the exterior of the building overnight). 9. The following improvements must be made to the building and property by June 1, 2003: paint the building, remove the black paint from the windows, remove the old oil tank from the west side of the building, and install landscaping in the front of the property. Seconded by Councilmember Wasiluk Ayes-All 5 Agenda #G6 MEMORANDUM TO: City Manager FROM: Rose Lorsung, Planning Intern SUBJECT: Conditional Use Permit Review LOCATION: 2166 Maplewood Drive PROJECT: Keller Gotf Course Maintenance Building DATE: 8/6/2004 INTRODUCTION The conditional use permit (CUP) for the Keller Golf Course maintenance building at 2166 Maplewood Drive is due for review. The CUP is for the expansion of a public building. (See the maps on pages two through four and the city council minutes starting on page six.) BACKGROUND On August 26, 2002, the city council approved a conditional use permit (CUP) and the design plans for the new maintenance building and for the surrounding site. On August 11, 2003, the city council approved to review the conditional use permit (CUP) again in one year. DISCUSSION The contractor and Ramsey County have completed the building and the site work. The city has not had any complaints about this building and staff is not aware of any problems at this site. As such, staff does not see any problem with doing no further project reviews unless a problem arises or if the county proposes a significant change to the site. RECOMMENDATION Only review the conditional use permit for the Keller Golf Course maintenance building at 2166 Maplewood Drive again if a problem arises or if the owner proposes a significant change to the site. Kr/p:sec9/keller golf course review.04 Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Site Plan (Proposed Detail) 5. August 26, 2002 City Council Minutes Attachment 1 Gervois~ ~OKQ Lake \~~~~, ~ ~61 ~_ ~~ya~~ COUNTY 1 PLAZA CIR O 2 ALVARADO DR 4 DF.A~fLLE D ~ r,,~ PACT ~ ~ T~'oiler o s AtERID1AN DR `~,_, pA~ C142. ~ Court Cd~N a 9 3 Q CONNOR ~ ~ Q ~ ~ CT. a DEMOS AVE. 22 a U o BROOK w ~~ . 40 0 N - ~ 60 ~- ~~ C AVETS T ~ ~ G ~I ~ ~<<~ ® oc P~ CO. RD. B2 Lae <11> <11 ~ ~ U KOHLMAN ~ AVE. S ~ ~ ~ ROAD ~ C r ~ TOP ~ T. ~ ~EC~ ~ ~ ~ OR 4J AVE. v~'i g BROOK `~ ~ '~ ~~ r 36 aR COP COPE A~/E, ~~ ~ ~ ~ ~~ ~~~ ~ VIKING OR. ~ Keller ` 125) '~ LARK G AVE. ~ ~ < w ~~ ~ Laka ~, ° CO. RD. ~ ~ w LAURIE RD. LAURIE CST. a \\ ° LELAND ~ RD• o ~ SAND HURST O~ ~a (25) ~ a JUN TION ~ AVE. ~ ~~~ CT. Alopfecrpt ~ 7fm6xF ~ e(/ ~ BURK ~* ~ ~ RKE AV. ®a BURKE AVE,~ Polk ~ ~ ~~ ~ ELDRPGE ~ AVE. ~v ~ 5~ o ~~` Nl ~ ~ N ELDR IDGE AVE. ® ~ 00~~ ~ ~` AVE BELMON L~ ° O L ke a BELMONT CN 'E. j SKILLMAN AV. KEN OOD ~~~~ G0~ SKILL ~~ AV E. SKILLMAN AVE. ~ 4i E ~ AV ~" - @ 3 O it ° ~~ v ~` R AN AV. ~ ~ ~i`.~ ~ ~ ~ ~ tRAIL m ~ ® a ~ ~ ~ ..~--~-° 28 a ~ `J ~ F ST ~ AVE. ~ rn BEU_WOOD^ ~ A-. ~~ m w FE NTON AVE. p ~ © ~ ~ Q: R ~ ©® ~ 0 3 z ~ ~ UMM ER AV E. U a o ~ Y ~~ ~ 11 GO DO ~ od° ~ FRISBIE AVE. ~ z Y S O,Q ~ 3 N RIP `~i ~ t E. ~ a ~ .Y AVE. GP'T~AY x . ~ ~ W ka~efiel 27 aQ- ~_ ~ pH ~ ~ y`T. ~a ~ ~ ~ Lake KINGSTON~AVE. O a Round's"` Y v ~ PH A VE >- ~ ~ w P ~~ ~L~) Loke ~ ~ z ~O PRICE ZAVE. ~ ~-~- ~ -~ ~ z w PRICE r-P-V `~ a ~ Q~~ Phalan o a w ~ ~I ~I ~P NTEI LOCATION MAP 2 N A+.tachment 2 ~~ - _ L J1 i _/ _ ~( -- r - ---- -- - -- -- \` I I - --i F ' - iKS -~ ' - ----~ - -; .- a~ ~ i; ~ i, , ~ v. --r------ ~ 1 - ~_\ ~ / ~ ~ is ~ • (T'... e~ I t ~~. ) f a ,!. 1 (s ne...~ \ C ~ ~ ~, - m ~Q ~~ ~. ~.: ~ : :_~\ t x ~Il 's~I `i~ ~~a ~ _ i~~7y~~ d8 ~ . O p ~-- :~ --- -~ w-- -- -- F ~\ ~~ a`` ( ~,. I ~~ / '1 ~ _ ~ i'/ lU ~,. (~ ) ~ ~. ~' :~ Pr ~l • .~,~ r eye. e y `pJ +~ C2~~ y Q,Y. ~. cJ uTY o. sT. ewui ~ p' COONTY Of R~M~CY bt ~~ ~)~ 21/ ~1 ~~ iA `1 ~I moo' 1 • ~ IN f ~ /'u~ a \ y ae _ .._ ` ~O.T ~..: 4n.. F (2oni....J u1~ \Mr 4(zy o`yr, ' .~.~. N ~ -~ _ Ss.~ nu rr> • ~d7 ~~ai CAUNTY OF RAMlEY / ~2L ~' I I 1 1 1 p ~ (el I mot. O ---- Y / i ____ ~--_- 1'litol 2 N KELLER GO F COURSE TOTF.I• la'1.20 I /2 COUNTY F RAMSEY PROPERTY LINE /ZONING MAP 3 / _ __. _.. - ~ M S ~~~ '~ -~ ~"'~'~~ ~ ____ COUNTY ROAD Ba ~3a\ ' 1 7 off, •. ~;--,; . O ~ ~. -- - ---~-_ ~s ., ., ~ ~ ~~ d~ ,fib ~ d96. G_ . • ` fs ' 3.50 ~c ~' CQJNTY tlI RI~h•lY' / ~. :3001 ~ ~ ~ ~ (' __ ^/~ SITE ~VNTY pF R Y • ~~ ~ H Nei 212 • '~ ~ ti ' ~C9~ SITE a~0 J 7 (a eon.) 1V ~. 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J' SITE PLAN. 4 N Attachment 4 1 '~ ' % ,j P f r ~~ / ~• v' /;' ~ ;'~ ,~ ~~ i ~%~ o / l/I ~' i ,~ ,~, 1. ~/ ;; ~' ~~, l ~4 j i il/ L' •~~ / /,~ ~/ ,, ;,, '' 4: \~ ~~ ~ ~+ ~ ~ ~ of ~ ~ i, Y ~~; a =7 ~®t' ~ ~~ 'er / ~ IvY 49 ~( / - U i/ // :~r~ •,/ ~ ~/ '~ / / // ~ ,,/ /J~ ~`,/•~ 'v ~ / JA %, . y~ ~~• / / ~,. / y , ~; KELLER GOLF COURSE ~ ~,~ '~' ' ~ ' ~ MAINTENANCE ~~' ~~` ";~ SHOP :/;' tr. ~ ~,,, zibb nuP~ewoon nerve ,I `• ~• SAINI'PAUL, MN •~ ~ ~ r ~„~.u~.~ / ~ ~ f i ~AR11AL SRE PLAN6RE PLAN i, SITE PLAN (PROPOSED DETAIL) 4 N 5 Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 26, 2002 Council Chambers, Municipal Building Meeting No. 02-18 1. 7:15 p.m. Keller Golf Course Maintenance Building Replacement (2160 Maplewood Drive) a. Conditional Use Permit b. Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. Matt Ledvina representing the Community Design Review Board and the Planning Commission presented their reports. d. Kevin Finley from Ramsey County Parks and Recreation answered council questions. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None Councilmember Collins moved to adopt the following resolution approving the conditional use permit for the Keller Golf Course, 2166 Maplewood Drive: RESOLUTION 02-08-144 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ramsey County applied for a conditional use permit for the Keller Golf Course and to replace an existing maintenance building at the golf course. WHEREAS, this permit applies to the Keller Golf Course property located at 2166 Maplewood Drive. The legal description is: SUBJ TO HWY 61 & FROST AVE & EX STATE OF MINNESOTA R/W; W %z OF NW '/a OF NE '/4 & TRIANGULAR PART IN SW COR OF E'/z OF NW '/a OF NE'/a MEAS 208.71 FT ON WL & 297.26 FT ON SL THEREOF ALSO PART OF SW 1/4 OF NE '/a LYING NLY OF STATE OF MINNESOTA R/W ALSO PART OF NE 1/4 OF NW %a LYING ELY OF HWY 61 & ELY OF AL DESC AS COM AT PT ON NL OF & 1830.5 FT E OF NW COR OF NW '/4 TH S 40 DEG 15 MIN W FOR 790 FT TO WL OF NE'/4 OF NW '/4TH SON SD WL FOR 310 FT TH S 43 DEG 15 MIN E FOR 160 FT TO PT OF BEG TH S 10 DEG E FOR 300 FT TO SL OF NE 1/4 OF NW 1/a & THERE TERM ALSO PART OF SE'/4 OF NW %4 LYING NLY OF STATE OF MINNESOTA R/W ALSO PART OF SW'/4 OF NW'/4 LYING ELY & SLY OF AL BEG ON EL OF & 366 FT S FROM NE COR OF SW 1/4 OF NW '/a TH N 72 DEG 18 MIN W FOR 119 FT TH WLY ALONG CURVE TO LEFT RAD 215 FT FOR 185 FT TH S 66 DEG 34 MIN W FOR 195 FT TH S 48 DEG 40 MIN W FOR 320 FT TH S 440 FT TH S 46 DEG 45 MIN E FOR 400 FT TO SL OF S W '/4 OF NW '/4 & THERE TERM ALSO PART OF NW '/4 6 OF SW'/a LYING ELY & NLY OF PART OWNED BY CITY OF ST PAUL ALSO W 330 FT OF GOVT. LOT 2 IN NE '/a OF SW `/a LYING ELY & NLY OF PART OWNED BY CITY OF ST PAUL ALSO PART OF E 10 ACRES OF W 20 ACRES OF SD GOVT. LOT 2 LYING NLY OF STATE OF MINNESOTA R/W; ALL IN SECTION 16, TOWNSHII' 29, RANGE 22. WHEREAS, the history of this conditional use permit is as follows: On August 5, 2002, the planning commission recommended that the city council approve this permit. 2. On August 26, 2002, the city council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant must begin construction within one year after the council approves this permit or the permit shall end. The city council may extend this deadline for one year. 7 3. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Collins moved to improve the design plans for the Keller Golf Course, 2166 Maplewood Drive and approval is based on the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Install the three dormers on the roof area as shown on the proposed plans. 3. Provide the following for city staff approval before the city issues grading or building permits: a. A detailed grading, drainage and erosion control plan, subject to the city engineer^s approval. This plan shall include the reconstruction of the entrance drive into the site. b. A detailed photometric plan for all proposed outdoor lighting, subject to staff approval. c. Plans for a trash dumpster enclosure. These shall include a revised site plan to show the location and elevations of all four sides of the enclosure. The gates shall be 100 percent opaque and the materials and colors of the enclosure shall be compatible with those of the new maintenance building. This plan shall be subject to staff approval. d. A revised landscape plan that shows the size of all plantings and the landscaping as required in the rainwater gardens. 4. Complete the following before occupying the new maintenance building: a. The construction of the required trash dumpster enclosure for any outside trash containers for this facility. (code requirement) The enclosure must be 100 percent opaque, match the color of the building and have a closeable gate that extends to the ground. b. Install all required landscaping around the driveway, parking lot and the site. 5. If any required work is not done, the city may allow temporary occupancy i£ a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. The owner or contractor shall complete any unfinished landscaping by June 1 if the county occupies the building in the fall or winter or within six weeks if the county occupies the building in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 6. All work shall follow the approved plans. The director of community development may approve minor changes. 8 7. The city is not requiring in-ground lawn irrigation since the applicant has the means and the workforce to maintain the landscaping. Seconded by Councilmember Juenemann Ayes-All 9 Agenda #G7 MEMORANDUM TO: City Manager FROM: Rose Lorsung, Planning Intern SUBJECT: Conditional Use Permit Review -Oversized Garage LOCATION: 1501 Henry Lane DATE: 8/6/2004 INTRODUCTION The conditional use permit (CUP) for an over-sized garage at 1501 Henry Lane is due for review. The CUP is for Shelley Schlomka to have a 1,450 square-foot-garage on her property. (See the maps on pages two through five and the city council minutes starting on page six.) BACKGROUND On September 9, 2002, the city council approved a house moving request and a CUP for an over- sized garage for Shelley Schlomka for the property at 1501 Henry Lane. (See the council minutes starting on page six.) On September 8, 2003, the city council approved to review the CUP for the over-sized garage again in one year. DISCUSSION The house moving and over-sized garage on this property are now complete. The city has not had any complaints about this property and staff is not aware of any problems at this site. As such, staff does not see any problem with extending this approval another year. RECOMMENDATION Review the conditional use permit for the over-sized garage for the property at 1501 Henry Lane again in one year or sooner if a problem arises or if the owner proposes a significant change to the site. Kr/p:sec24-28/1501 Henry Lane CUP review.04 Attachments: 1. Location Map 2. Location Map 3. Property Line Map 4. Proposed Site Plan 5. September 9, 2002 Ciry Council Minutes Attachment 1 Fo 7. HUNTINGTON CT. 2. OAKRIDGE LN. 720S 17 1. CURRIE CT. 2. VALLEY VIEW CL -''~ 3. lAKEWOOD CT. ~~~ 960S Z Y v 18 12oas ~ J 1 a -~J a 43 19 Z a 1440S 20 ' RA Ill S EY ~~4 C 0 1 680S WASH 1 ~ GT 0 NEWPORT f O O 1 NEW CENTURY PL 2 NEW CENTURY TER 3 NEW CENTURY LN Co Lake ~_ LOCATION MAP z LV Attachment 2 /~ Location Map Attachment 3 wCA'tOUNtYaMMatKf ~ i V ~'.' ~ ~ sn rt. a>nnc m i i ~ nos' ~ I ~ ~ ~'~ in~c I ~ K iy. ~ ~ ~ i i ° ~ al 1461 -~- ------ ~~ ~ ~ , ~ ;p,,,;, 1481 ~ --.-- •R~' ~ k'_~~• - I ~ ~~{z Y i Via' `~ I I I I I I ~ SA.IC ,..K SITE . - ~A `. ' -~ : I I a -~ y_ . _ 1 _ _~ns~wui.mr _G - -' -' 1501 HENRY LANE ~~ _.~~+----------r - T , ~ z ~~p ~~ m ~ Z Q { ~,P5 ~' ~~ ~ ~ ~ ~ ~ (n •te`~` • ~ ~ ~ / ' k ~ r 4~ ti .ucw I _ _ _ L - 'A / - ~. <' w: I I q~j~ ~ I ,. ~ f ,..:.r . I RAMSEY COUNTY OPEN SPACE a - = a ;~ = - _ - ~~ I s $, m NEWPORT PROPERTY LINE MAP 4 4 N Attachment 4 N `~ ~ ~ ~~ ,~ ~ ~ ~ `~ ~~ 5 ~" ~ ~ ~~ E N~~ ~~ F / (ti~ ~~ ~,~~~ /~9 ~ ~ ~ --~~ ~ ~ ~~C~~~~~i z ~ J ~, ~~~~ 03 .1 `~. 5332l.L ~~" ~ d0 33x1 ~N I~ z w `~ 0 7-- ~- SITE PLAN (PROPOSED) 5 N Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 9, 2002 Council Chambers, Municipal Building Meeting No. 02-20 1. 7:10 Schlomka Building Requests (1501 Henry Lane) a. Housing Moving b. Conditional Use Permit a. City Manager Fursman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Shelley Schlomka, the owner was present to answer questions. d. Commissioner Dierich provided the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None f. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the moving of a one-story house and a detached garage for Shelley Schlomka to the property at 1501 Henry Lane. The cit~pproved the proposed site plan and dwelling orientation as shown on the site plan. This approval shall be subject to the applicant doing the following; 1. Submitting the following to the city for approval before the city issues a building permit: a. An irrevocable letter of credit or cash escrow for 1 1/2 times the estimated cost of completing the construction, including all yard work and exterior remodeling. The applicant shall complete the work within 90 days of the city issuing the permit. The director of community development may extend this deadline for sixty (60) days if there has been a reasonable cause for the delay. The construction shall meet all building code requirements. (Code requirement) b. A drainage and erosion control plan to the city engineer. This plan shall show that the proposed house location and grades will not cause any adverse effects or cause any drainage problems for nearby properties or water bodies. The city shall not issue a moving permit until the city engineer approves these plans and the construction shall follow these plans. (Code requirement) c. All plans and information required by the city building official. 2. Get a demolition permit from the city for the existing house. 3. Sign an agreement to convey the title. This agreement shall allow the city to take possession of the house and property if the required work is not completed within 90 days after the city issues the moving permit. This agreement would allow the city the right to complete the construction required by code or demolish and remove the structure. The city attorney shall prepare this agreement. (Code requirement) 6 4. The applicant shall replace or repair the roof as needed. The applicant also shall meet all the requirements of the city's building inspection department. 5. Move the house between the hours of 3 and 6 a.m. The applicant shall leave the house in the street until at least 7 a.m., but no later than 10 a.m. There shall be no excessive noise or work on the house or site between 7 p.m. and 7 a.m. (Code requirement) 6. Place the house and garage on the property following the proposed site plan. Seconded by Councilmember Juenemann Ayes-All Councilmember Wasiluk moved to approved the following Conditional Use Permit resolution for Shelley Schlomka to move a detached age that would measure 29 feet by 50 feet on to the property at 1501 Henr} Lane: RESOLUTION 02-09-152 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Shelley Schlomka is requesting that Maplewood approve a conditional use permit to move a 29- by 50-foot, 1,450-square-foot detached garage onto her property. WHEREAS, this conditional use permit applies to the property at 1501 Henry Lane. The property identification number is 24-28-22-32-0002 and the legal description is: Section 24, Township 28, Range 22, the SW 1/4 of the NW '/4 of the SW '/4 in Section 24, Township 28, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1. On August 19, 2002, the planning commission recommended that the city council approve this permit. 2. On September 9, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The city council opened the public hearing and allowed everyone at the hearing a chance to speak and present written statements. The city council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approves this permit because: 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. 7 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits before moving the garage onto the property. 3. The owner shall not use the garage for commercial or business activities, other than agricultural-related uses as specified in the farm residence zoning district, unless the city council approves such a request. 4. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All 8 AGENDA G-9 ITEM AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D (West) Realignment Improvements, City Project 02-08 -Resolution Approving No Parking Restrictions DATE: August 16, 2004 Introduction The city council shall consider approving a parking restriction to meet state aid standards on County Road D (Highridge Court to T.H. 61). Background It has been proposed to construct County Road D as atwo-lane road with center medians and left-turn lanes from the existing County Road D alignment near Highridge Court to T.H. 61 along the new County Road D (West) alignment (Segment 2 on the attached Location Map). The proposed design does not accommodate parking on either side of County Road D per state aid design standards. Due to the volume of traffic proposed for this roadway and the parking available on adjacent public and private facilities in the area, it was determined that parking was not necessary along these segments of roadway. Design and funding requirements set on state aid projects require that a No Parking requirement be set by council resolution. Recommendation It is recommended that the city council approve the attached resolution approving a No Parking restriction on County Road D from Highridge Court to Highway 61. CMC Attachment 1. Resolution Approving No Parking Requirements 2. Location Map RESOLUTION NO PARKING RESTRICTION COUNTY ROAD D REALIGNMENT IMPROVEMENT, PROJECT 02-08 S.A.P. 138-020-29 S.A.P.62-619-025 WHEREAS, the City of Maplewood and Ramsey County have approved the plans for the construction of County Road D from Highridge Court to T.H. 61 along the new west alignment, and WHEREAS, the City and County will be expending Municipal State Aid funds (MSA Project 138-020-29) and County State Aid funds (CSAH Project 62-619-025) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum State Aid width standard with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles from the following locations: 1. Both the northeasterly and southwesterly sides of the new alignment of County Road D, (S.A.P. 138-020-29 & S.A.P. 62-619-025) from Highridge Court to T.H. 61; and 2. Both the northerly and southerly sides of County Road D Court, (S.A.P. 138-020-29 & S.A.P. 62-619-025), from the new County Road D alignment to T.H. 61, a point 400 feet east of the new County Road D alignment. ~ < ~~ di ~:, .~ ~ ~• ~• t~~x -~,-. ~ v~ tiM .. AGENDA ITEM G-10 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Engineer 1 SUBJECT: White Bear Avenue Sidewalk at Highway 36, City Project 02-19 Resolution Approving Conditions of Mn/DOT Limited Use Permit DATE: August 11, 2004 Introduction The Maplewood Public Works Department is preparing to construct a sidewalk on the east side of White Bear Avenue through the Highway 36 corridor area. A design has been prepared and submitted to Mn/DOT for approval. The City of Maplewood has been granted Mn/DOT approval to proceed with construction on a condition that the Limitied Use Permit be approved for the sidewalk constructed in 2003 on the west side of White Bear Avenue and for the new sidewalk on the east side of White Bear Ave. The city council will consider a resolution approving the conditions of the Mn/DOT Limited Use Permit. Background Final action on the permit requires that the city council pass a resolution approving the Limited Use Permit, a copy of which is attached, that indemnifies Mn/DOT and requires the City of Maplewood to assume all liabilities, obligations or responsibilities described in the permit and pertaining to the construction, maintenance, operations, supervision of the sidewalk, bituminous curb, modular block retaining wall and utilities located within the Trunk Highway 36 right-of-way. This is a standard agreement where the city remains responsible for the project as the owner. A set of plans detailing the sidewalk construction is available in the office of the city engineer. Funding for the project was previously established in the Public Works operating budget for 2004. Recommendation It is recommended that the city council approve the attached resolution Approving the Conditions of the Limited Use Permit with the Minnesota Department of Transportation. Attachements -Resolution Location Map Mn/DOT Limited Use Permit CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION APPROVING CONDITIONS OF THE LIMITED USE PERMIT WITH THE MINNESOTA DEPARMENT OF TRANSPORTATION WHEREAS, the City of Maplewood wishes to construct a concrete pedestrian walkway within the Trunk Highway 36 right of way along the east side of White Bear Avenue and WHEREAS, the pedestrian sidewalk will be located within the corporate limits of Maplewood, WHEREAS, the City of Maplewood has been granted an approved right of way permit for the purpose of constructing said pedestrian walkway, pending receipt of a Resolution Approving the Limited Use Permit required by the Commissioner of Transportation. NOW, THEREFORE, BE IT RESOLIVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESTOA THAT: The City of Maplewood agrees to indemnify, save and hold harmless the State of Minnesota and its agents and employees of and from the claims, demands, actions or causes of actions arising out of or by reason of the granting of the Limited Use Permit. The City further assumes all liabilities, obligations or responsibilities described in the Limited Use Permit and pertaining to the construction maintenance, operations and supervision of the sidewalk, bituminous curb, modular block retaining wall, and utilities located within the Trunk Highway 36 right of way. Adopted by the City Council of Maplewood this 23rd day of August, 2004 Robert Cardinal, Mayor AYES: NAYS: ATTEST: Karen Guilfoile, City Clerk n r J~ ~- 4 } 5 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 6211 County of Ramsey Concrete Sidewalk and Retaining Wall T.H. 36 Jct. of White Bear Avenue In accordance with Minnesota Statutes Section 161.434 and Federal-Aid Policy Guide, Part 652, a Limited Use Permit is hereby granted to the City of Maplewood, Permittee. This permit is for the purpose of constructing, maintaining and operating a Concrete Sidewalk (hereinafter called trail) and Retaining Wall (hereinafter called wall), within the right of way of Trunk Highway No. 36 as shown in red on Exhibit "A1" to Exhibit "A5" which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS The construction, maintenance, and supervision of the trail and wall shall be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. 3. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. 5. Any and all maintenance of the trail and wall shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 6. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 9. The Permittee shall construct the trail and wall at the location shown in the attached Exhibit "A1" to "A5" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail and wall that is compatible with the safe and efficient operation of the highway facility. 10. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 11. Upon completion of the construction of the trail and wall, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 12. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 13. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 14. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 60 days written notice of such intent. Upon said notice of cancellation the trail and wall shall be removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancellation of said permit, or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. 15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. 16. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail and wall or from the use of the portion of highway right of way over which this permit is granted. 17. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail and wall user rights on any portion of highway right of way over which this permit is granted. 18. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 19. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. 20. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 21. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. MINNESOTA DEPARTMENT CITY OF MAPLEWOOD OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. By Its And Its Date AGENDA NO. G-11 AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: IT Director Pay DATE: August 9, 2004 At your request, I reviewed the compensation for the position of IT Director. Your request had been based in part on your decision to change in status of the position to that of a department head. This position continues to be anon-union, confidential, exempt position. After analyzing the pay both internally and externally, it is recommended that the salary range maximum be increased from $75,544 to $77,000. RECOMMENDATION It is recommended that the City Council approve the revised 2004 salary range for the non-union position of IT Director at $60,949 - $77,000. Agenda No. G-12 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Donation to Maplewood Police Reserves Date: August 10, 2004 Introduction The Police Department is requesting City Council approval to accept a donation to the Maplewood Police Reserves. Background For the past several years, the Maplewood Police Reserves have worked at the Ramsey County Fair, providing traffic and crowd control during the fair and parade. The Reserve unit volunteered over 500 hours to provide this service during this year's Fair, and the Ramsey County Agricultural Society/Fair Board wished to show their appreciation by donating $500 to be used by the Reserves for equipment or training. City Council approval is required to accept this donation. Recommendation It is recommended that City Council approval be given to accept this donation and that the necessary budget adjustments be made so that the funds may be used as needed by the Reserves. Action Reauired Submit to the City Council for review and approval. DJT:js Agenda No. G-13 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Safe & Sober Grant Resolution Date: August 11, 2004 Introduction The Maplewood Police Department applied for and has been awarded a Safe & Sober grant from the Minnesota Department of Public Safety, and a Resolution entering into a grant agreement must be adopted by the City Council before the grant money can be received. Background For the past several years, the Maplewood Police Department has received an annual grant from the Minnesota Department of Public Safety to participate in their Safe & Sober project. This project provides funds to Police Departments to pay for officer overtime to conduct intensive patrol in areas they designate (such as DWI and seat belt enforcement). The Police Department recently applied for a grant to conduct two waves of enforcement under the Safe & Sober project between October 1, 2004, and September 30, 2005. This week we were informed that our department was awarded a grant of $26,900. Before this grant can be accepted, the City Council must adopt a Resolution authorizing us to enter into an agreement with the Minnesota Department of Public Safety. The Resolution also authorizes the Maplewood Chief of Police to execute the agreement and any necessary amendments to implement the project on behalf of the City of Maplewood Police Department and be the fiscal agent and administer the grant. Recommendation It is recommended that the City Council adopt the attached Resolution. Action Required Submit to the City Council for review and adoption. DJT:js Attachment RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the City of Maplewood Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2004, through September 30, 2005. The Chief of Police of the City of Maplewood Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Maplewood Police Department and to be the fiscal agent and administer the grant. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota on Gate) SIGNED: (b'ignature) City Manager (Title) WITNESSETH: (,Signature) City Clerk (Title) (Date) (Date) 2005 Minnesota Safe & Sober Office of Traffic Safety, Department of Public Safety Agenda Item #G14 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: August 16, 2004 RE: Temporary Lawful Gambling Resolution Introduction The Church of St. Jerome is having their annual fund raising event on September 19, 2004 at the church located at 380 Roselawn Avenue. The event will be held from 8:00 a.m. to 10:00 p.m. and will include bingo and pulltabs. It is requested that council approve the following resolution for the temporary gambling. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Agenda Item # G15 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Food Permit & Carnival Fee Waiver DATE: August 16, 2004 Lisa Arrigoni, on behalf of the Frontline Church 2055 White Bear Avenue has submitted an application for Temporary Food Sales and a Carnival Permit. The church is having a free carnival on August 21, 2004 from 1:00 p.m. to 4:00 p.m. This is an annual event for Frontline Church and the purpose is two-fold; first, it gives church members an opportunity to meet people from the community and make them aware of the church. Secondly, it is a chance for the church to give to the people of Maplewood. They will provide free games, prizes, moonwalk, dunk tank and various carnival festivities. Last year the Maplewood Fire Department made an appearance with one of their fire trucks and the church will be inviting them again this year. A minimal fee will be charged for food items that will be served. The above licenses are approved administratively but only the city council has the authority to waive the $47 for the Temporary Food Sales and the $335 Carnival permit. Council did waive the fee last year. It is requested that council approve the fee waiver. Agenda #H1 Applicant: Subject: Location: Zoning: Proposed Zoning: Land Use: City Council Hearing Date: REPORT SUMMARY John Poirier Hillside Estates Preliminary Plat (Springside Dr.) Property Located Between 2401 and 2425 Linwood Avenue Farm Residence (F) Single-Dwelling Residential (R-1) Single-Dwelling Residential (R-1) August 23, 2004 Project Description: John Poirier is proposing to subdivide his 1.6-acre parcel into three new lots. One lot will have street frontage on Linwood Avenue and two lots will have street frontage on a new cul-de-sac extension of Springside Drive. All three lots will be developed with future single-family homes. Requests: Mr. Poirier is requesting preliminary plat approval. City staff is requesting the property be rezoned from Farm Residence (F) to single-dwelling residential (R-1). Recommendations: The planning commission recommended approval of the preliminary plat and rezoning at their August 16, 2004, planning commission meeting. Staff also recommends approval. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Hillside Estates Preliminary Plat (Springside Drive) APPLICANT: John Poirier LOCATION: Property Located Between 2401 and 2425 Linwood Avenue DATE: August 16, 2004 INTRODUCTION Project Description John Poirier is requesting preliminary plat approval from the City of Maplewood in order to subdivide his 1.6-acre parcel into three new lots. One lot will have street frontage on Linwood Avenue and two lots will have street frontage on a new cul-de-sac extension of Springside Drive. All three lots will be developed with future single-family homes. (Refer to the maps attached on pages 6 through 11.) Requests To develop this project, the city council must approve the following: Rezoning of the property from F (Farm Residence) to R-1 (Single Dwelling Residential). 2. A preliminary plat for the creation of three new lots. The city's subdivision ordinance allows the city to process subdivisions that create three or less lots as administrative lot divisions. However, in this case a new right-of-way will be established through the extension of Springside Drive. For this reason, a preliminary plat is required. BACKGROUND February 13, 1989: The city council approved the Huntington Hills South Third Addition Plat. A condition of approval of this plat was that a temporary cul-de-sac be constructed at the end of Springside Drive, ensuring the possibility of the extension of the street for future development. (Refer to the Huntington Hills Plat and the Springside Drive Temporary Cul-De-Sac Map attached on pages 12 and 13.) April 30, 2001: City staff approved the minor subdivision of 2437 Linwood Avenue in order to create two single-family lots. One lot maintained the existing house on Linwood and the second lot was developed with asingle-family house. A condition of approval was the dedication of a 60-foot- wide right-of-way easement for the future expansion of Springside Drive. (Refer to the 2437 Linwood Avenue Minor Subdivision Map attached on page 14.) DISCUSSION Zoning The property is zoned F (Farm Residence) and is planned as R-1 (Single Dwelling Residential) in the city's comprehensive plan. The city's subdivision ordinance allows for the platting of single- family lots within the Farm Residence zoning district. To be consistent with the comprehensive plan, however, staff recommends that the city rezone the entire property from F to R-1. Subdivision The proposed subdivision includes the removal of the temporary cul-de-sac at the end of Springside Drive, and the extension of the street approximately 250 feet west within an existing right-of-way that was dedicated to the city in 2001 as part of the lot split that occurred at 2437 Linwood Avenue. A permanent cul-de-sac will be constructed at the end of the extended Springside Drive to serve the two new lots on the north of the property. The minimum lot width within the R-1 zoning districts is as follows: interior lots - 75 feet at the established building setback line; cul-de-sac lots - 40 feet at the front lot line. The minimum lot size is 10,000 square feet. All three proposed lots within the Hillside Estates preliminary plat meet or exceed these requirements. Grading/Drainage/Utilities John Poirier, the property owner of the lot proposed for subdivision, has petitioned the city for a public improvement project. The proposed Springside Drive extension and all utilities within the city's right-of-way would be constructed as public infrastructure by the city under the improvement project. A pond at the south end of Mr. Poirier's property would treat runoff from the site. Storm sewer will be extended from the cul-de-sac south to the pond. The storm sewer would also be constructed as public infrastructure. All other improvements required for the development of the lots, such as site grading and private utilities, will be constructed and financed by the owner or developer. (Refer to the engineering plan review attached on page 15.) Tree Preservation The city's tree preservation ordinance requires that all large trees removed within the platted land be replaced .one for one, not to exceed ten trees per acre. A large tree is defined as a tree with a trunk diameter of 8 inches at a 4-foot-trunk height, excluding boxelder, cottonwoods, poplars, and other undesirable trees as determined by the community development director. In addition, a developer should attempt to preserve as many large trees as possible with the development of the land. Mr. Poirier's property is 1.6 acres in area and contains 85 large trees. The city's final grading plan for the street extension and utilities will be designed to save as many large trees as possible. In addition, prior to issuance of building permits for each new single-family house, the owner or developer will be required to submit a separate grading plan for each lot which reflects the preservation of as many large trees as possible. The owner or developer will be required to replace all large trees removed, one for one, up to 16 trees (1.6 acres x 10 trees = 16 trees). COMMITTEE ACTIONS The planning commission recommended approval of Mr. Poirier's preliminary plat and rezoning request at their August 16, 2004, planning commission meeting. Hillside Estates 2 August 16, 2004 RECOMMENDATIONS Adopt the rezoning resolution on page 18. This resolution changes the zoning map from Farm Residence (F) to Single Dwelling Residential (R-1) for the proposed Hillside Estates plat. The city is making this change because: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. 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. c. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. 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. e. The owner plans to develop this property as single-family houses. 2. Approve the Hillside Estates preliminary plat date stamped July 14, 2004. Prior to final plat approval, the owner or developer must complete the following: a. Have the city's engineering department prepare the final construction drawings as specified in the city engineering department's August 5, 2004, engineering plan review. b. Prepare and submit easement documents for the required utility and drainage easements to city staff for approval. Prior to issuance of a building permit for lots 1 through 3, the owner or developer must complete the following: a. Record the plat and utility and drainage easements. b. Submit grading and drainage plans for each new lot to be approved by the city's engineering department. The grading plan must reflect the preservation of as many large trees as possible. All large trees removed from the three lots must be replaced one-for-one, not to exceed 16 trees, as required by the city's tree preservation ordinance. Hillside Estates 3 August 16, 2004 CITIZEN COMMENTS I surveyed all property owners within 500 feet of this site. Of the 62 properties, 2 responded with the following comments: 1. No name and address given: We need to quit building and tearing down trees. It is becoming another cluttered up city. Nothing is sacred. It's always "grandfathered° in. The only thing that counts is more money for the city. 2. Fred Nazarian, 2425 Linwood Avenue East: (Refer to Mr. Nazarian's correspondence attached on pages 16 and 17.) Hillside Estates 4 August 16, 2004 REFERENCE INFORMATION SITE DESCRIPTION Site size: 1.6 acres Existing land use: Vacant Land SURROUNDING LAND USES There are single-family houses located to the north, south, east, and west of this site. PLANNING Existing Land Use: R-1 (Single Dwelling Residential) Existing Zoning: F (Farm Residence) Criteria for Approval Rezoning: Section 44-1165 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. Application Date The city received the application materials for this request on July 14, 2004. State law requires cities to take action on all land use requests within 60 days. Therefore, city action is required on the Hillside Estates Preliminary Plat by September 12, 2004, unless the applicant agrees to a time extension. p:sec 12-28\Hillside Estates Attachments: 1. Location Map 2. Zoning Map 3. Land Use Map 4. Preliminary Plat 5. Drainage and Erosion Control Plan 6. Utility Plan 7. Huntington Hills Plat 8. Springside Dr. Temporary Cul-de-Sac 9. 2437 Linwood Avenue Minor Subdivision Map 10. Engineering Plan Review 11. Fred Nazarian August 3, 2004, Correspondence 12. Rezoning Resolution Hillside Estates 5 August 16, 2004 Attachment 1 _ 601E , 762374 - -.2372 -2-x$4 ~ 2392 '-L.- 2410 _ 2420: 2430, '~` ` _.600 ~ ~` ~-~\ _ ~, 60# -- 613 ~ ` g .68 24 2479 .2489 2499 459 2469. 1 , I __ _ -~ rn 2370 Q9 _ , 2429 ~ '~ ~ \ _~, 619 ~' - z ~ ~ ~ 2139 2449 ~. ` r- ~ 12363 ~ it - `J L-, ~ _ ~ L: i '_ 1 ~ ~ - ~-, t, - " - ~ 625; ' -~ 9 X47 , ~ ,-~__ ~ r j ~ ~ ~ ~ ~'~ ~~ ~ OAKRIDGE LN ~--~ ~-' 1 ~ ~. 55 353 - 651 '~ ^' ~ c ~ 852 Ir-- X438 ` 3~1 _ z LJ 2~ _ r 661 - I~ ~ I 62~; `~ _ - -' ~' ~ ~ ~ _ - I 2448 X 2468' 1 _i O 458 478 2488 z ~ 582360 2362 671 y~~ -_~ ~72 ~i i ~~ - _ ~~_ ~ 681 ~ ~ ~~ , ' ' 2457 681 672 ~, 2447 ~ 91 J ~ = - 70 I ~ ~ ~ ~~ W I1f~ ~ ~ SPRING S~O~ ~~~ MA'~ ~`~ ~~ ~' ~ 2373 ; 2383_ _ P L___, - \ _- 6 46~' L24'S 682 --- ` 243 J ~~,, 2466 „ ~ 692 -- r-~#01 r ~ l 702 ~'-~. 2 ~'-1 ~ y ~' --~ 2 ~ J ~46n _, 712 ~ '~ ~ ~ - ~ ~- J ~/ LINWOOD AVE ice, 36A 2379' 23gg~ 2398 2409 --2431 ~qq,~ ~qgq `rL46p - - ,-, __ ~~#19 ~~~ _. - I --- 2441 ~1 2370- LINWOOD CT ~ ~_~ 3 2380 ~ ~~ '~ i ~- ~°~' -- X50 2390 ~- 2371... 2400 2410 2420 2430 -2440 N W E S ~ ~- 2480 f - -, 2465 2475 O~~ ~~~ 2455 , ,~~ 2516 P _ ~ ~ 770 2476 ~`--' ~-_ 2452 " ~. 7~0 -, / _- ~ Location Map 6 2 --2384 F 2392 2410 vR _~--_-~ 2420 2430 2409 ~~ 2429 2+39 _ i ~ ~' , ~J IL ~~~' `r__ OAKRIDGE LN 651 `~,~ - ~ _ z -- ~ z 661 I ~ ~ -'~j -- O n r- . -~ 671 681 ~~ ~~ Attachment 2 '.600 ~ ~ ~, .~ j Y 61 j'2459 246 R 1 2489 2499 ~ I--, X479 / 61 J \ / 2449 ~ Jet ~ .___- , I L`_ ~_~- 6'a2 ~-j , I 12438 -_;. ~- ; ~,r ~~_ s-; r- ~- ~ 2428 --~ ~ -~ 662! Y ! 'f ~ _ y~_ R 1 2448 ~d5g 2468 2478 u2488 ~-' 245 2447 ~ 1---~ ~__, i' ii r iu~ SPRINGS/p~ O 681 ~ ,. f ~ ~ - ~4~ ~ 2 ~~ - 6 .,, 2466 81692 3~' ..z ?360 2379- ~ 2-389--, 23.9__-. -__ 2370 LINWOOD CT N W E S R1 n ~_ ,~ 2;4451 ~45~ ~46 j I i ~~ ~~ LINWOOD AVE 2431 2409 ~4~ 1~ '-~, ------_ r ~' ' ) _s~ r , -.2441 - _-~ ~__ ~`t; '` F--~- ~~ I~`_~ Ir_'_ X2454 X468 2465 -`2475 702 712 ~~ ,~_ ~, 2480 r-- '~ Zoning Map S- X72 Attachment 3 238.4_ 239 ~`r 2374 -- 2 2410 2372 ` -- - _. 2420 -- -- 2430 ` -. 2366 2370 2409. ~~. ?`~ 2429 2439 L .~-- 2363 --~~ ~4~' [,~~~ OAKRIDGE LN !~' 37=' 2355 2353 651 ~- rte- _ ~ 6-52 i 23x1 ~~: c ~~ ~~~L~3& ' - .,- ~ `--' 2428 ' I z ~~ 661 ~ ~ ~ -' O z n 2360: 671 t --', --~ 236`2 `- 681 ~~ I ~' ~ ~ - L~ `2373 I23~3_ ;- 2,ao1 2360 -~38~ 2399-, - ~ -z 2370 LINWOOD CT N W E S 600 2459 2469 i 2449 r - "I ~ - ~, ~~ L_~ 2479 2489 ` 2499 {~_, i _ ~, ~~ ,-n~, ~. ~ -'j 4 '-' i _, rJ -J 2468 ~2 74 8 2488 607 613 619 625 245 681 2447 ~-,_'-- ~ : ~~ --~ 2~445j r24s3iy ~46~ ~ 712 ~~, LINWOOD AVE 2431 _2409 ~44g ~ .- ~ - ~~ -_2441 (^~ ~, ' 662'' 2448 ~~58 ---' 672 L442 ~2A54! ~2A60 2465 -'2475 ~ _---, r---~ l ~ti~__~J 2480 1.- Land Use Map Attachment 4 152' f ,~~~ 178' 1 50' R ----- ~ , 42' R II I it I 2 'I I l I 170' \\ \ 10' UTILITY EASEMENT ~- ~ 58' \\ `\ T ~ \ \ 46' \ I \\ II ~ I tl ~ ---~ I i I II 145' I I 3 III, f I I 122' -TI LINWOOD AVE. N W E S N ~v ~/~~~ `~c 0 1i- M ~ cep I FcAI DFerelPTid. SECTION 12 TOWN 2B RANGE 22 SUBJ TO RD dt IX W 60 FT OF E 206 FT OF 5223 FT ~ EX E 146 Ff; THE 5 300 Fi OF E 1/2 OF W 1/2 OF SE 1/4 OF SW 1/4 IN SEC 12 TN 28 RN 22 ''~ SPRINGSIDE DR. I j ~~~y ~~~ ^~d I I Preliminary Plat ~. r ~, ,% _~ ~~~v /j ~ ~ ,~ 9 err _ SIL zJ ~ ..~C~a G P 1 RED 1bT3~ IE ~ 1010.$4 \ a 0 ~) =_°~ RE 01006.72 IE=__1.002-.49- E=~6II3.50 N W E S J ~ v ~ ~~ t I I f . j ° L ~ Q v .J~ BF 91 0~ r- D F 918 LF1 ~ ' 23 r }} I ~ _ ~ ~( o 0 ~} ~ ~ o < _ ~ ._... ._ __..._....._ ~._. _ ..... .E._ 1 ~ SIN OD d C n N~ 4" _i ._ ~, Q Drainage and Erosion Control ,o Attachment 6 ~ CONNECT TO EXISTING 8" DIP _ _ _ _ _ I E ~ 8" DIP WATEf~MAIN 52 CL I I ~ I 213 LF 8" SDR 3 5 PVC 0.49. I D I SAN MH I RE=1024 IE=1013.40 I I ~ I ~ I _ I CONNECT TO EXISTING 8" PVC I I IE=101255 ~I ~` ~~ ~ \ ~ ~ \ ~~ ~~ ~ ~ ii ~ li ~ ---~ I I i I i I I I LINWOOD AVE. _ _. __ a a a a ~ ~. a N W S e Utility Plan ~~ Attachment 7 r 0 ~ !0 100 m~u r wat ura \ ww s m- BEARMIO NOTE: .m .,..mr . ,.. ~,,.. ,r aaua ua s saunwwsr awm m ~Rnai wawa O~~ N M ti~ w M Y r ~Ir11. 1r1' ~~• •~~• • wr.. 1wr M ..r ORAINAOE ANO UTN.ITY EASEMENTS ARE sMOwN THUS: s ~ I, --I----- ----~-- .., , ~., . ~ .....a..~ w.w.a .w rl.ryy w wa w ~a fr r .wM ~ ri+•M w.r IY~~y ~ •r~ r Ir /r, vionn rIr ~ 1H K W No sAt >. w : v. ze11o~ ~s ~. s ~¢ a HUNTINGTON HILLS SOUTH THIRD ADDITION s s7~otis•E 7toi~'E 1as.aa s 7~7 N E!'3]'7Y'E M 12- ~ --~.~.7,T ~ N ~3579'E t I ; ; I ' ;2 ~; ~ ~ 1 ~ ~ s ~ ~ ;{ ;, Isp , \\'a a e ~ S `^vt\` ~ 6' ~ ~i j a 1 ~i I~ 2 '+r ~ POND ` ,s I , I ~ , ~ ~ , ~ ~" !~ ~ I 1 trim ~ ~xa ~o~0''ti' i ~:. ~ • ~~ ~ ~~ \ \ \ ~ :'R . \ , _-_~~-_ Vic..-- ~ ~ ~ ~: ~:~ :: `,`; 3 !~ g ~! !~ 5 F ~;$ ::::: ~ - ---z~ , ^ 71Cf1 i 4 ma ~ ~ bl'r ~ ry~ ~~~ y n ~ I A ~+ I i J / ~ ~ > i 4, ~+ , ~ 4 X1 1 2 FI ; 3 •:•„ ;-~ :'° ~~ c~ P ND ~ X ,~. ..~ I 1 i 1 1 i i 1 1 sal I 1 • , y. :: ~ mr ~'t : ~ :. .~: aav\ aao~ 7 na nas >taa• m ------- __ _ _ . ___ tounanr coiwa rAir ire-s V~>tw ip ae ¢ n- a nano a¢ a ^m ! xu1N u+[ : ~N-sv 1 • a '•~ ~ sau>tl W eawa v >R u >r. a rdlM ~ a msr . u 1; 74. a MafIK rC nst Q07B1Q LAND Wiri70Y. OiC. 180~'L~ PlO~IONAL~LAND SUBYB70Y N W E Huntington Hills Plat `!'~ ~ (2/13/89) Attachment 8 j:l I ~ /~ N. W. = 1007.07 J I 2 ~ CURVE INFO r / \ H.W. = 1009.40 ~ ~ I III ~ 38°87'40° I. \ I I I R^ 180.00' I i ~~ I I ~ •102.00' 1 ~ \ 4 ,~ ~ \ I - I.: I P. C. = I+17.83 I ~~ \ \ ~ CONSTRUCT TEI~I~RAfjY P.T. = 2+19.93 J• ~ \ ~ TURN-AROURD 100 qA. ~ \ 1 -STA.CENTER ~ ~I -----_- ji` 3 ~'`~ \ \\ ~ ,n \ \ 125.00 14.38 I 61.Zg ~~~ \\ \ ~! ? 6~ \ ~~. ~ ~ • A2 \8 ._ ~ '3 ~--____;-.--~~ 90.00--•/ ~ / 69.3P ' I ~O. I7 , • ~----------I l r---- - -- - - -,/ ~~ I I I / r~\ I ~ I I /. / ~ I I I / /' ~ eo I ~ I I ~ ' o I I I ~ ~ ~`~` ~ CB- I I I I 6 I I ~ /:. ~ 80'-4"PE DRAIN TIDE n.z, I I I / / / / 4 // /, I I I / h / ~-------_--J L_.----J/ / /~ qy/~r~. r--------1 I---------~ r~~ ~_ / i ,~ I I. ~` ~./ / ~ c~ I I I I I / I W I ,III I I 1 ~ 7~~ ' I I I 1 ~ i r /~~ N W E S ~~° PE DRlINTIL.E,,~~ -1pF+ ~\ .. • } ,.. / ~. ~ , NyeO `I ` 9n1~ // \ 1 ~, ,E ~ (,, ..~-.-• ~ ~. f^ . 0~~ ~ r ~~`~ < >; ;fit ~~ ~ y ~~ ~ ~ ~ ~, / e-~ ~ \ i- - r ~~ ~ r ,' ~ ~,~•~, ,; / ~.. 1 / II •el~ / / I \ /~ _ i / I Springside Drive N.W. = U06.98 H.W . = 1010.0 Temporary Cul-de-Sac 13 N W E S N 88'34'06' E '""' _ wa, --148.03-- wv,r ~ T .n.x ~ x~, x 1 ; A s I ® - - ~, lu 40 ~ N ~ ~ J y ~ W I Ir.ax ~ ! Q ~ ~u ~ ~ _ , ~ w.u M N N I I ~{Y I $ ` ~ 1 Wi I I y ~~ Y M Aux ~ q N N s ~PROPOSED~DPo~VE __ ~ R~ w.., - _ ww,+ a ~'s~_ ~ .. w.,. --,t,......-- S 89`39'1~~ W W I ~\ c POSSIBLE' FUTUJdE' tk'XT\~NSYB11 ~ ~ /~ OF SPXlNGSIDL' DR.. L: I I OXI~EWAY yl __ ____ 148.0 r~ ,C~~1 Y ~o CI ~,L` V W I M pp y y 1 ON /' G~ V yl - V ~~ Attachment 9 a a:~ w.v. ~b ~ 1 ws7RTMEETUaaw x"° ,1_ + I DD ~ OI N ~ ~ ~$ 41 i ~ ~ . _ i i ___ O~ c~ o~ y~ i ~~ ~~ C~ W ^~ U W ~~ i ~ 1 M O ~ ~ ~~ ~ O yl3 I O ~ i~.l N I y ~ i i Ng1TN LINE OF 51REET RIQIT-OF-WAY n NONE OF THE SE 1/4-SW 1/4 ^~ T Tj~jjQOOD A ~~ ~ ~ sEC. 1x, T. 2B, w. u l,~t ~ i, ~- --146.03-- N 88'34'08' E D1G. NG 2437 Linwood Ave. Minor Subdivision 14 Attachment 10 Engineering Plan Review Pt2OJECT: Springside Street Eztension/Hillside Estates ~ROJECT NO: 03-36 REVIEWED BY: Erin Laberee, Maplewood Engineering Department DATE: August 5, 2004 John Poirier, the owner of the property between 2401 and 2425 Linwood Avenue East, is proposing to subdivide his 1.6-acre property into three single-family parcels. Currently Springside Drive extends west from Sterling Street to a temporary cul-de-sac. The proposed improvements include the extension of Springside Drive and utilities further west (approximately 250 feet) to provide access to the proposed development. Mr. Poirier has requested the street and utilities be public infrastructure and be constructed as part of a public improvement project. Tl}e engineering department has prepared the preliminary plat and engineering drawings for the p~p~osed development. The street extension is proposed be public along with all of the uttl~ties. An infiltration basin would be constructed at the south end of the property to treat runoff from the street extension and the yards. The developer has submitted a permit application to Ramsey-Washington Metro Watershed District. The public hearing for the project was held on Ail~st ~~', 2pQ4. No objectiops to tt}e project were filed and city counpil approved the street extenS`ipn prq~~cX. Thy ciiy w}~1 prepare the construction drawings and build the public street and utilitf es. All construction administration will be done by the city. A majority of the improvement costs will be recovered through assessments to the benefiting properties. 15 Attachment 11 TO: Shann Finwall -Planner City of Maplewood 1830 County Road B East Maplewood, MN 55109 FROM: Fred Nazarian 2425 Linwood Avenue East Maplewood, MN 551 19 - 5824 DATE: 3 August 2004 SUBJECT: Preliminary Plat -Property located East of 2401 Linwood Ave and West of 2425 Linwood Avenue. Deaz Ms. Finwall, I have received and looked over the preliminary Plat documents sent out by you on behalf of the City of Maplewood. In reviewing the proposed Plat I have the following comments, objections, and proposals: 1) In extending the cul-de-sac Westwazd and additional (approximately) 200' as proposed it appears that some (or all) of the trees directly behind my home would be removed. This would cause an increase in noise, and lights behind my home and also cause me a loss of the privacy I currently enjoy. 2) If three lots were allowed, the house proposed for Lot 2 would potentially cause the removal of the remaining trees directly behind my home (again) causing the loss of the remaining privacy I would enjoy, as well as increasing further the light and noise behind my home. 3) If the plat is approved as proposed, the (proposed) house on Lot 3 would not have very much privacy in their back yazd due to it being so faz forwazd of BOTH 2401 and 2425 Linwood Avenue East homes. PROPOSED ALTERATION TO THE PLAT: A) I propose the movement of the (proposed) location of the house on Lot 3 back an additional 40 feet, or in-line with the homes at 2401 and 2425 Linwood Avenue East. B) I further propose the subdivision of the 1.71 Acres into two (2) lots to be represented by houses number 1 and 3 on the Plat drawing. Each new lot would then be (approximately) 0.85 acres in size with good sized "grassy areas" azound them. These would fit in with all lots West of them better. PROPOSED CONTINUATIONS OF THE LAND BORDERING THE (NEW) CUL-DE- SAC. 16 A) I would like to see the trees at the South West edge of the proposed extended cul-de-sac kept as they exist today. I believe this can be accomplished with the proposed extension of the cul-de-sac. LOSS OF FAUNA IN THE AREA. Additionally with the approval of the proposed Preliminary Plat of Mr. Poirier's as suggested, there will be a loss of green space for the wildlife that currently roam freely in this area. I am not sure what the City's position is on this, but I feel that this encroachment will eliminate yet another living space for the wildlife that inhabit this area as part of their homelands. I, for one, object to this potential human encroachment. Regards, _ ~ ~ r G~ J ~' Fred Nazarian 2425 Linwood Avenue East Maplewood, MN 55119 - 5824 Tel: (651) 730 - 0298 E-mail: fred n 55119(a,yahoo.com 17 Attachment 12 ZONING MAP CHANGE RESOLUTION WHEREAS, the City of Maplewood is proposing the following change to the City of Maplewood's zoning map: Farm Residence (F) to Single-Family Residential (R-1). WHEREAS, this change applies to the property located in between 2401 and 2425 Linwood Avenue in Maplewood, Minnesota. WHEREAS, the property is being platted into three single-family lots. WHEREAS, the new legal description for the three new lots is as follows: Lots 1 through 3, Block 1, Hillside Estates. WHEREAS, the history of this change is as follows: -- On August 16, 2004, the planning commission recommended that the city council approve the rezoning change. 2. On August 23, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The 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 owner plans to develop this property as single-family houses. The Maplewood city council adopted this resolution on , 2004. 18 AGENDA ITEM K-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Engineer 1 SUBJECT: Springside Drive Extension, West of Sterling Street--City Project 03-36: 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Resolution Ordering Assessment Hearing DATE: August 11, 2004 Introduction Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, September 17, 2004. Award of bids would be considered by the city council at the September 27, 2004, city council meeting. Following the approval to advertise for bids, the next step in the improvement process is to prepare the assessment roll and order the assessment hearing. Background The proposed assessments are for costs relating to the portion of the street extension project that will benefit the adjacent properties. The assessment rates for the street and storm sewer improvements are based on the cost of construction. The sanitary sewer main, water main and service assessment rates are based on the city's 2004 assessment policy. The method of assessment is the same as was outlined in the feasibility study. A set of plans and a completed assessment roll are available in the office of the city engineer. It is recommended that the assessment hearing be scheduled for 7:00 p.m., Monday, September 13, 2004. Discussion During initial discussions with the developer, Mr. Poirier, and the property owners of 2437 Linwood Ave. and 2439 Springside Dr., an alternative layout was considered that would have allowed the undeveloped (Poirier) property to be subdivided into three lots off of the cul-de-sac. This alternative would have required Mr. Poirier to obtain additional right of way from 2437 Linwood Ave. and 2439 Springside Drive. By creating another lot, the assessments to each property would have been reduced significantly. Mr. Poirier offered to purchase the additional right of way from the owners at 2439 Springside Drive and 2437 Linwood Ave. One of the property owners was not interested in selling the required right of way and the alternate layout was not considered any further. The plans and proposed assessments reflect the street extension layout that allows for two lots off of the cul-de-sac. This option results in higher assessment rates to all of the benefiting properties, but does not require additional right of way from 2439 Springside Drive and 2437 Linwood Ave. The property owners were aware of the advantages and disadvantages of this option. Ultimately, they preferred a higher assessment to selling a small portion of their property for right of way. This is the option the city and the developer have pursued. Recommendation It is recommended that the city council approve the attached resolutions for the Springside Drive Street Extension, West of Sterling Street, Project 03-36: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. JW Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Resolution Ordering the Assessment Hearing 4. Location Map RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on August 9t", 2004, plans and specifications for Springside Drive Extension, West of Sterling Street, City Project 03-36, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 17th day of September, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of September 27, 2004. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Springside Drive Extension, West of Sterling Street, City Project 03-36. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Springside Drive Extension, West of Sterling Street City Project 03-36, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 13th day of September 2004, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. .a~ Agenda #K2 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review and License Agreement PROJECT: Bulk Storage Warehouse LOCATION: 1300 McKnight Road North DATE: August 16, 2004 INTRODUCTION The conditional use permit (CUP) for Feed Products and Service (FPS) at 1300 McKnight Road is due for review. The CUP is for a commercial building in an M-1 (light manufacturing) zoning district that is within 350 feet of a residential property. (See the maps on pages three through five and the city council minutes starting on page seven.) In addition to the CUP review, city staff is requesting council approval of a license agreement with the owners of the property. This agreement is so the city crews may cross the property with trucks and equipment to city-owned property that is east of Bulk Storage. BACKGROUND On November 28, 1998, the city council approved a CUP for the expansion of this facility. On July 12, 1999, the city council approved a revised CUP for the owner of the site to add a trailer to the warehouse property. (See the council minutes starting on page seven.) On August 27, 2001, the city council approved aone-year time extension for the conditional use permit (CUP) for this site. On August 26, 2002, the city council approved aone-year time extension for the CUP for this site. On August 11, 2003, the city council approved aone-year time extension for the CUP for this site. DISCUSSION CUP Review The owner has installed the trailer for employees to use. In the past years city staff had received complaints about the business. Many of these complaints were about products from the site blowing around and onto adjoining properties. Mr. Fallin has made several improvements to the property and operation in the last several years. The city has not had any complaints about this business in the last four years and staff is not aware of any problems at this site. Upon inspection, the site appears well kept and therefore staff does not see any problem with extending this approval another year. License Agreement The proposed license agreement will allow city crews and equipment to cross the Bulk Storage property to get to the city-owned property to the east. This activity will be primarily for dumping street sweepings. The license agreement outlines the responsibilities and rights of the city and the property owner during the time the city is crossing the property, including the maintenance and repair of the driveways. It is important to note that this agreement will be a benefit to the city as it provides a legal and convenient means for city crews to access the city-owned property. Finally, the city attorney and the property owner's attorney have reviewed and approved the proposed agreement. RECOMMENDATIONS A. Review the conditional use permit for Feed Products and Service at 1300 McKnight Road again in one year. The council may review this permit sooner if a problem arises or if the owner proposes a significant change to the site. B. Approve the license agreement starting on page ten. This agreement gives permission to the city to have city crews and equipment cross the property at 1300 McKnight Road North to get to the city-owned property to the east. P: sec24-29/B U LKSTO R_2004C U P Attachments: 1. Location Map 2. Property Line2oning Map 3. Site Plan 4. Trailer Pictures 5. July 12, 1999 City Council Minutes 6. Proposed License Agreement 2 Attachment 1 C ~ V aRc' J. KNOLL CIR. aG ~~ ~ PL.EY AV 4_ KIN(~TON W AVE. MG1~M(iF(f• W ~ LARPEN'TF~1R AVE. W ~ ~ ~ ~ IDAHO AVE. HOYT VE. ~ ttvt~+ r... AVE. ~ ct. NEBRASKA ~ *`~"~y~, ~~~ 4 ~ 2 3 W Nark CT ~ D a s ~ ~ G• ~~~ ~ , ...n... ,. ~ .. .:.~ ~ AvE ~ ~ & i AVE. ~~ 2 uj ~ ~ z ~ SE 4 B09CAT LN ~ ~ t~ ~ ` COIIOEn W E IAARYLAND 4 a a AVE HAW~ORNE AVE o ~i VET ~~~ ~ ~1~ !!,,v P`~' ~ ~ '~l w~cNOUA AvE. ~ ~~ ~. ~ Z ® ~ ~~ ~ ~ r ® ~ ~ ~ ~ ~ CASE AVE *J. Zi LL,N~'c~`' ~ eR/wD ~IjCr{-~EL W. BRAND AVE AVE & 7th ST. 7th Sf. G1r~Er ® ~ y ~ ~ ~ & ~ ~ ~ ~ ~ ~ ~ ~~ ~ MtINNEHAFIA AVE J Y 0 t YCIiAEi DR 4 ~ a e~ n~ ~ ~ ~o~ LOCATION MAP 3 ~' N Attachment 2 .~ a, rr.~w~~.` t l~ w~_.. _. _... ~!w.. _.... ;w n~a».n R PUS .. -~.'~ PROPERTY LINE /ZONING MAP 4 4 N Attachment 3 I - PHASE I. SHIPPING DOCK ADDITION 11 - PHASE II. PROPOSED OFFICE BUILDING BETWEEN McKNIGHT ROAD AND LAKEWOOD DRIVE 111 - PHASE III. SECOND SHIPPING DOCK ADDITION //-~ ; / /~ ,/ ,, BUILDING ~///// %' ADDITION /~ ~/// / , ~ '' ~ ~ i l "~ ~; ti ///i~// ~ a+a, ~~/ / ,q Q'j~~~ ~': 1 11 t ~~ //Mp . jam. ~ ~~- ~ ' "'~ ..::. 1 ~~, ~... ,- ~ /bo,. ~ ~1~ /: //~~~/ ;...-~-~~,~a;.:':, ems, ~~ ~ ~1\ i / /~ / / - ~/ ~ . •,~'.,.•". -`,~ .•,r::'. `:; ` , -a~ s+'~` 11 ; \1111 ~... ..:.,;;, r.. ..::• ', 1........... 1 i ~ . ~ .a~' .i's --~" .. 'tie! ...-.[4' ~ ~~rr.Ritr.ayir.'u l,,,,,,"'',^a,~', writ aa.#ir a~itr Mrq.a p ~ ' .~ ~ i TRAILER 'O ~ ~° n,;~ ~ ~~ ~`~ '~; ~ . ~ ~ EXISTING M .E ~~ L~ ' ~; ''='~~\~~ ~'~ I a` ~ BULK STORAGE ' _; ;,z~ 4'''' ~ ' a'`` BUILDING :~•. ~` ~ Z ; .. _.~~.. S-~z - q9 SITE PLAN APPLICANT'S ENTIRE PROPERTY 5 4 N 6 Attachment 4 ~r .,~:. ~~~," _"_. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 12, 1999 Council Chambers, Municipal Building Meeting No. 99-15 2. 7:27 P.M. Feed Products and Service (1300 McKnight Road) - Conditional Use Permit -Design Approval a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Associate Planner Ken Roberts presented the specifics of the report. d. Commissioner Matt Ledvina presented the Planning Commission report. Attachment 5 e. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The following person was heard: John Fallin, representing Feed Products and Service f. Mayor Rossbach closed the public hearing. Mayor Rossbach moved/introduced the following Resolution changing the conditional use permit for the warehouse facility at 1300 Mc ig t oa ort is permit revision a ows t e owner to a a trai er to is waze ouse site m an M-1 (light mane acturing) district closer than 350 eet to a residential district. an move its a option: 99-07-054 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. John C. Fallin, of FP&S Company, applied for a revision to an approved conditional use permit to add a 12' by 60' trailer to a site in an M-1 (light manufacturing) district that is closer than 350 feet to a residential district. WHEREAS, this permit applies to the property at 1300 McKnight Road North. The legal description is: 7-12-99 ALL THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 29, RANGE 22, RAMSEY COUNTY, MINNESOTA THAT LIES SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 95 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO, ST. PAUL, MINNEAPOLIS, AND OMAHA RAILWAY COMPANY, AS NOW LOCATED AND ESTABLISHED; ALSO THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 24, BOUNDED AS FOLLOWS: ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 95 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF SAID RAILWAY COMPANY, AS NOW LOCATED AND ESTABLISHED; ON THE WEST BY THE EAST LINE OF THE WEST 66 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 24; ON THE SOUTH BY A STRAIGHT LINE DRAWN FROM THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24 TO A POINT ON THE WEST LINE OF SAID SECTION 24 WHICH IS DISTANT 450 FEET SOUTH OF THE SOUTHERLY LINE OF THE 100 FOOT RIGHT OF WAY OF SAID RAILWAY COMPANY, SAID SOUTHERLY LINE BEING A LINE DRAWN PARALLEL WITH AND DISTANT 56 FEET SOUTHEASTERLY AS MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF SAID RAILWAY COMPANY AS ORIGINALLY LOCATED AND ESTABLISHED; AND ON THE EAST BY THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; EXCEPTING THEREFROM THAT PART THAT LIES NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 8.5 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MOST SOUTHERLY SIDE TRACK I.C.C. NO. 114 OF SAID RAILWAY COMPANY, AS NOW LOCATED AND ESTABLISHED, ALL IN THE COUNTY OF RAMSEY, STATE OF MINNESOTA. WHEREAS, the history of this conditional use permit revision is as follows: On June 21, 1999, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on June 28,1999. 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. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. The use would not create excessive additional costs for public facilities or services. 7-12-99 8 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. 10. The proposed trailer will be substantially screened from neighboring single dwellings. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. 2. The proposed trailer must be occupied within one year of council approval or the permit revision 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. A designated paved parking area shall not be required unless the site usage changes in some fashion warranting the need for such parking spaces. 5. Update the alarm system at the facility, subject to the approval of the Police Chief. 6. Provide several signs along the wetland edge on the warehouse site. The number and placement of these signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. 7. Submit an industrial storm water protection plan to the Minnesota Pollution Control Agency for their review and approval. 8. The owner or developer shall remove the trailer from the site before the city issues a building permit for any future development. 9. The owner shall remove the trailer from the site within five years. The Council may renew this approval if the owner requests it. Seconded by Councihnember Koppen Ayes -all Mayor Rossbach moved to approve the plans date-stamped May 12, 1999 for the trailer at the Bulk Storage site at 1300 McKnight Road ort . e property owner s a 1. Repair and repaint the existing graffiti on the warehouse building before occupying or using the trailer: 2. Provide several signs along the wetland edge on the warehouse site. The number and placement of these signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes -all 7-12-99 Attachment 6 LICENSE AGREEMENT This LICENSE AGREEMENT ("License") is made this day of August, 2004, by and between FEED WAREHOUSE, LLC, a Minnesota limited liability company, with an address of 1300 McKnight Road North, Maplewood, Minnesota, 55119 ("Licensor") and CITY OF MAPLEWOOD, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, with an address of 1830 County Road B East, Maplewood, Minnesota 55109 ("Licensee"). RECITALS A. The Licensor is the fee owner of certain real property attached hereto as Exhibit A, and desires to protect and preserve the Licensor's business facilities located thereon and Licensor's current and future use of said Property. B. Licensee desires access to the Property ("Licensed Premises), and to have ingress and egress to the Licensed Premises through existing roads and driveways, said Licensed Premises to be used by Licensee for the purpose of depositing street sweepings and other materials in and on the adjacent existing landfill ("Deposit Activities"), such Deposit Activities and Licensed Premises being further described and/or shown on said Exhibit A, and Licensee desires to obtain Licensor's permission therefore. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and agreement by Licensee to use the Licensed Premises for the purpose of Deposit Activities, as stated above, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree further as follows: 1. Grant of Right of Entry. The Licensor hereby grants to the Licensee and its affiliates, with respect to such title and interest as the Licensor may have in the Property, and upon the terms and conditions hereinafter stated, on a revocable, non-exclusive basis, the permission and right to access and use the Licensed Premises for Deposit Activities. Such right of access and use is granted only for the term of this License as set forth below, and only for the purposes set forth above. If the Licensed Premises shall deviate, in any manner, from Exhibit A, or the purposes as herein stated shall be changed, the Licensee shall notify Licensor and obtain its approval in advance for any such changes. 2. Term. The term of this License shall be for a period of one (1) year, beginning August 23, 2004 and ending August 31, 2005, unless sooner terminated as herein provided. Licensee shall be entitled to enter the Licensed Premises on the effective date hereof. This License may be renewed by the mutual written agreement of the parties for 10 subsequent periods, upon the same terms and conditions as herein contained. A letter agreement setting forth a statement to renew this License shall be sufficient to extend this License for the subsequent period. This License may be terminated early as follows: Licensor may terminate this License for Licensee's material breach of any of the terms and conditions of this License, as provided herein, such breach constituting a default by Licensee under the License. Licensor may terminate this License if the current feed products business on the Licensed Premises is discontinued and/or development outside of the feed products business occurs on the Licensed Premises. 3. Consideration. As complete and full consideration for the rights herein granted and for the initial term herein granted to Licensee, the Licensee agrees to perform annual grading, filling and patching of the private road and driveways on the Property at no cost or assessment to the Licensor. 4. Lot Sulit. Licensee agrees to grant administrative approval of a lot split of the Licensed Premises with McKnight Road being the dividing line between the two lots, with one lot lying west of McKnight Road (approximately 2.1 acres) and one lot lying east of McKnight Road (approximately 35 acres) upon the Licensor's submittal of a complete city lot division application, any applicable application fees and any other documents required by the Licensee. 5. Licensed Interest Only. This License does not convey an interest in real property. 6. Licensor's Reserved Rishts. Licensor reserves the right, at any time and from time to time, to make such use of the Licensed Premises and Property as it may desire, at its sole discretion and for any purpose. In the exercise by Licensor of the foregoing rights, Licensor will use its best efforts not to unreasonably interfere with the Deposit Activities. However, Licensor shall not in any event be liable for inconvenience, annoyance, disturbance or other damage to Licensee, or the Deposit Activities, due to the exercise of the foregoing rights or any other rights of Licensor to enter into or use the Licensed Premises, and the obligations of Licensee under this License shall not be affected in any manner. 7. Non-exclusive License. This License is issued subject to any prior licenses, easements, leases or other such rights granted by the Licensor for improvements of other parties. The Licensor reserves the right to license others to install improvements in, on, under, or along the Property provided that same shall not interfere unreasonably with the Deposit Activities herein authorized. 8. Licensee to Indemnify. The Licensee shall hold harmless, defend and indemnify the Licensor, its agents, and their respective employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, arising out of or due to, the negligence or willful misconduct of the Licensee in its use of the License. This indemnification shall survive expiration, termination or revocation of the License. Claims shall include personal injury, wrongful death, worker's compensation claims and property damage. 9. Insurance. Licensee shall maintain such insurance as shall protect Licensee and Licensor from claims that may in any way arise out of or be in any manner connected with the performance of this License. 10. CODV of License. A copy of this License shall be kept on the Licensed Premises at all times during the duration of this License Agreement. 11. Assisnment. Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this License. Any such transfer or encumbrance shall be null and void and shall permit Licensor to terminate this License immediately without written notice. 12. Other Authority or Rishts. The Licensee shall bear the sole obligation of obtaining such other authority or rights, as the Licensee may need in addition to the rights provided in this License for the Deposit Activities and use of the Licensed Premises. 13. Notices. Any and all notices, requests, demands and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered if delivered personally, (b) three (3) business days after the mailing thereof by first class, postage prepaid, registered or certified mail if mailed, or (c) one (1) business day after being dispatched by a nationally recognized overnight delivery service, in any event, addressed to the party's respective addresses set forth below or at such other address as may be designated in a written notice and given in accordance with this paragraph: To Licensor: To Licensee: Feed Warehouse, LLC City of Maplewood Attn: Attn: Melinda Coleman 1300 McKnight Road North 1830 County Road B East Maplewood, MN 55119 Maplewood, MN 55109 14. Amendment. This License may be amended only by a written Amendment signed by both parties. 12 15. Relationship of Parties. Nothing in this License shall be interpreted or construed as a partnership or joint venture between Licensor and Licensee concerning the Deposit Activities on the Licensed Premises. This License shall not be interpreted to be any type of lease or easement to the Licensed Premises and does not convey an interest in the Licensed Premises to the Licensee. 16. Governins Law. This License shall be construed in accordance with and governed by the laws of the State of Minnesota. 17. Severance. Should any portion of this License be declared invalid and unenforceable, then such portion shall be deemed to be severed from this License and shall not affect the remainder thereof. 18. Counterpart Execution. This License may be executed in two original counterparts, each of which shall be deemed an original of this instrument. 19. Additional Provisions: (a) No Implied Waiver. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any other breach. (b) Default. If any default is made by Licensee in any of the agreements contained herein, it shall be lawful for the Licensor to declare the term ended, and to enter the Licensed Premises, either with or without legal process, and to remove the Licensee or any other person occupying the Licensed Premises, using such force as may be necessary, without being liable for prosecution, or for damages, and to repossess the Licensed Premises free and clear of any rights of the Licensee. If, at any time, this License is terminated under this paragraph, the Licensee agrees to peacefully surrender the Licensed Premises to the Licensor immediate upon termination, and if the Licensee remains in possession of the Licensed Premises, the Licensee shall be deemed guilty of forcible entry and detainer, and, waiving notice, shall be subject to forcible eviction with or without process of law. (c) Safety and Maintenance. Licensee agrees to: a) keep the Licensed Premises in a sightly condition at all times, all at the Licensee's sole expense; b) keep the entire Licensed Premises free from all rubbish, waste, dirt, debris, and obstructions of any sort; and c) keep the Licensed Premises in a condition as required by law, including by the ordinances of the City of Maplewood, city, town or county in which the Licensed Premises are situated. (d) Not to Record. Licensee shall not record this License with Ramsey County and such recordation shall permit Licensor to terminate this License immediately without written notice. 13 (e) Non-transferable Risht. This License shall not pass with title to Licensee's personal property or improvements and shall not run with the Licensed Premises. (f) Liens and Encumbrances. Licensee shall keep the Licensed Premises free of all liens and encumbrances arising out of the Licensee's interest in or activities on the Licensed Premises. (g) Disclaimer of Warranty. Licensee has conducted its own investigation and inspection of the Licensed Premises and is familiar with the physical condition of the Licensed Premises and surrounding terrain, and is fully informed as to the existing conditions and limitations. Licensor makes no representation or warranty, express or implied, as to the suitability of the Licensed Premises for use by Licensee and no such representation, warranty, or any other representations, are made by Licensor or shall be implied by operation of law or otherwise. The Licensee accepts the Licensed Premises in an As-Is, Where-Is condition with all faults, defects and deficiencies. (h) Costs. Licensee shall timely pay all fees, taxes, wages and other charges and expenses in any manner associated with Licensee's activities under the License. IN WITNESS WHEREOF, this instrument has been executed the day and yeaz first above written. FEED WAREHOUSE, LLC By: Its: THE CITY OF MAPLEWOOD By: Its: Mayor By: Its: City Manager 14 Agenda No. K-3 AGENDA REPORT To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Pawn Shop Ordinance -First Reading Date: August 11, 2004 Introduction The Police Department is requesting passage of an ordinance regarding the automation of records of pawnshops licensed in the City. Background The Police Department finds that use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easily and quickly. The Police Department also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The Police Department further finds that the pawn industry has outgrown the City's current ability to effectively or efficiently identify criminal activity related to pawn shops. The purpose of this ordinance is to prevent pawn businesses from being used as facilities for the commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the City. To help the Police Department better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this ordinance also implements and establishes the required use of the Automated Pawn System (APS). The City Attorney has reviewed and approved the ordinance as submitted. Recommendation It is recommended that the current ordinance, Sections 14-726 through 14-738, be stricken in its entirety from the record and replaced with the attached ordinance. Action Reauired Submit to the City Council for review and approval. DJT:js K3 Pawn Shop Ordinance -First Reading.doc Maplewood Automated Pawn System Ordinance Purpose. The city council finds that use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easily and quickly. The city council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The city council further finds that the pawn industry has outgrown the city's current ability to effectively or efficiently identify criminal activity related to pawn shops. The purpose of this article is to prevent pawn businesses from being used as facilities for the commission of crimes, and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city. To help the police department better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this ordinance also implements and mandates the use of the automated pawn system (APS). Definitions. When used in this ordinance, the following words shall mean: Pawnbroker. Any natural person, partnership or corporation, either as principal, or agent or employee thereof, who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property, or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker' s business includes buying personal property previously used, rented or leased, or selling it on consignment, the provisions of this article shall be applicable. Reportable transaction. Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or redeemed, or for which a unique transaction number or identifier is generated by their point-of--sale software, or an item is confiscated by law enforcement, is reportable except: (1) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record. (2) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. Billable transaction. Every reportable transaction conducted by a pawnbroker is a billable transaction except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee's possession, voided transactions, and confiscations. K3 Pawn Shop Ordinance -First Reading.doc 2 License fees: (a) The annual license fees for licenses issued under this article shall be imposed, set, established and fixed by the city council by resolution from time to time reflecting a reasonable estimate of the actual costs of administering, processing and investigating the license application, as determined by the city council. (b) The billable transaction license fee shall reflect the cost of processing transactions and other related regulatory expenses as determined by the city council, and shall be reviewed and adjusted, if necessary, every six (6) months. Licensees shall be notified in writing thirty (30) days before any adjustment is implemented. (c) Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days. Failure to do so is a violation of this article. Application required. (a) (Contents.) An application form provided by the department of licenses and consumer services must be completed by every applicant for a new license or for renewal of an existing license. Every new applicant must provide all the following information: (1) If the applicant is a natural person: a. The name, place and date of birth, street resident address, and phone number of applicant. b. Whether the applicant is a citizen of the United States or resident alien. c. Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places used. d. The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. The street address at which the applicant has lived during the preceding five (5) years. f. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the proceeding five (5) years. g. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant must furnish information as to the time, place, and offense of all such convictions. h. The physical description of the applicant. i. Applicant's current personal financial statement and true copies of the applicant's federal and state tax returns for the two (2) years prior to application. K3 Pawn Shop Ordinance -First Reading.doc 3 j. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in a. through h. of subdivision (1) of this section. (2) If the applicant is a partnership: a. The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in subdivision (1) of this section. b. The name(s) of the managing partner(s) and the interest of each partner in the licensed business. c. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate must be attached to the application. d. A true copy of the federal and state tax returns for partnership for the two (2) years prior to application. e. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in a. through h. of subdivision (1) of this section. (3) If the applicant is a corporation or other organization: a. The name of the corporation or business form, and if incorporated, the state of incorporation. b. A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement, and By-laws shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, must be attached. c. The name of the manager(s) or other person(s) in charge of the business and all information concerning each manager, proprietor, or agent required in a. through h. of subdivision (1) of this section. d. A list of all persons who control or own an interest in excess of five (5) percent in such organization or business form or who are officers of the corporation or business form and all information concerning said persons required in subdivision (1) above. This subdivision (d), however, shall not apply to a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned and operated by it. (4) For all applicants: a. Whether the applicant holds a current pawnbroker, precious metal dealer or secondhand goods dealer license from any other governmental unit. K3 Pawn Shop Ordinance -First Reading.doc 4 b. Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker, precious metal dealer, or secondhand dealer license from any other governmental unit. c. The location of the business premises. d. If the applicant does not own the business premises, a true and complete copy of the executed lease. The legal description of the premises to be licensed. f. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. g. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. h. Such other information as the city council or issuing authority may require. (b) New manager. When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the licensee must complete and submit the appropriate application within fourteen (14) days. The application must include all appropriate information required in this section. (1) An investigation fee shall be charged an applicant by the city in such amount as maybe imposed, set, established and fixed by the city council by resolution from time to time reflecting an amount equal to the cost of the investigation to assure compliance with this article. (c) Application execution. All applications for a license under this article must be signed and sworn to under oath or affirmation by the applicant. If the application is that of a natural person, it must be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. (d) Investigation. The police department must investigate into the truthfulness of the statements set forth in the application and shall endorse the findings thereon. The applicant must furnish to the police license inspector such evidence as the inspector may reasonably require in support of the statements set forth in the application. (e) Public hearing. The council member may request a public hearing at council, or in the evening hours at a location in the approximate vicinity of the proposed location. (f) Persons ineligible for a license. No licenses under this article will be issued to an applicant who is a natural person, a partnership if such applicant has any general partner or managing partner, a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed, if the applicant: K3 Pawn Shop Ordinance -First Reading.doc cJ (1) Is a minor at the time that the application is filed; (2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this article as prescribed by Minnesota Statutes, Section 364.03, Subd. 3; or (3) Is not of good moral character or repute. Bond required. Before a license will be issued, every applicant must submit a five thousand dollar ($5,000.00) bond on the forms provided by the licensing authority. All bonds must be conditioned that the principal will observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods which have come into the principal's hand through the principal's business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money to the person. The bond shall contain a provision that no bond maybe canceled except upon thirty (30) days written notice to the city, which shall be served upon the licensing authority. Records required. At the time of any reportable transaction other than renewals, extensions or redemptions, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the police department: (1) A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (2) The purchase price, amount of money loaned upon, or pledged therefor. (3) The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges. (4) Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. (5) Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair. (6) The identification number and state of issue from any of the following forms of identification of the seller: a. Current valid Minnesota driver's license. b. Current valid Minnesota identification card. Current valid photo identification card issued by another state or province of Canada. K3 Pawn Shop Ordinance -First Reading.doc 6 (7) The signature of the person identified in the transaction. (8) Effective sixty (60) days from the date of notification by the police department of acceptable video standards the licensee must also take a color photograph or color video recording of: a. Each customer involved in a billable transaction. b. Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. The required photograph must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the chief of police, or the chiefs designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months. (9) Digitized photographs. Effective sixty (60) days from the date of notification by the police department licensees must fulfill the color photograph requirements in section (RECORDS REQUIRED) (8) by submitting them as digital images, in a format specified by the issuing authority, electronically cross- referenced to the reportable transaction they are associated with. Notwithstanding the digital images maybe captured from required video recordings, this provision does not alter or amend the requirements in subdivision (8). (10) Renewals, extensions and redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction. (11) Inspection of records. The records must at all reasonable times be open to inspection by the police department or department of licenses and consumer services. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a minimum of ninety (90) days. Daily reports to police. (a) Effective no later than sixty (60) days after the police department provides licensees with the current version of the Automated Pawn System Interchange File Specification, licensees must submit every reportable transaction to the police department daily in the following manner: K3 Pawn Shop Ordinance -First Reading.doc 7 (1) Licensees must provide to the police department all reportable transaction information by transferring it from their computer to the Automated Pawn System via modem using the current version of the Automated Pawn System Interchange File Specification. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority. Any transaction that does not meet the Automated Pawn System Interchange File Specification must be corrected and resubmitted the next business day. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs patrons that all transactions are reported to the police department daily. (b) Billable transaction fees. Licensees will be charged for each billable transaction reported to the police department. (1) If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the police department, upon request, printed copies of all reportable transactions along with the video tape(s) for that date, by noon the next business day; (2) If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must continue to provide the required reports as detailed in section (DAILYREPORTS TO POLICE) (b)(1), and must be charged a fifty dollar ($50.00) reporting failure penalty, daily, until the error is corrected; or (3) If the problem is determined to be outside the licensee's system, the licensee must continue to provide the required reports in (DAILYREPORTS TO POLICE) (b)(1), and resubmit all such transactions via modem when the error is corrected. (4) If a licensee is unable to capture, digitize or transmit the photographs required in (RECORDS REQUIRED) (9), the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the police department upon request. (5) Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. (6) (DAILYREPORTS TO POLICE) (b) (1) through (3) notwithstanding, the police department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty. Receipt required. Every licensee must provide a receipt to the parry identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: (1) The name, address and telephone number of the licensed business. (2) The date and time the item was received by the licensee. (3) Whether the item was pawned or sold, or the nature of the transaction. K3 Pawn Shop Ordinance -First Reading.doc $ (4) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (5) The signature or unique identifier of the licensee or employee that conducted the transaction. (6) The amount advanced or paid. (7) The monthly and annual interest rates, including all pawn fees and charges. (8) The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date. (9) The full name, current residence address, current residence telephone number, and date of birth of the pledger or seller. (10) The identification number and state of issue from any of the following forms of identification of the seller: a. Current valid Minnesota driver's license. b. Current valid Minnesota identification card. c. Current valid photo driver's license or identification card issued by another state or province of Canada. (11) Description of the pledger or seller including approximate sex, height, weight, race, color of eyes and color of hair. (12) The signature of the pledger or seller. (13)All printed statements as required by state statute 325J.04 subdivision 2, or any other applicable statutes. Redemption period. Any person pledging, pawning or depositing an item for security must have a minimum of ninety (90) days from the date of that transaction to redeem the item before it maybe forfeited and sold. During the ninety (90) day holding period, items may not be removed from the licensed location except as provided in (BZISINESS AT ONLY ONE PLACE). Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the police license inspector. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with (RECORDS REQUIRED) (10). K3 Pawn Shop Ordinance -First Reading.doc 9 Holding period. Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction. An individual may redeem an item seventy- two (72) hours a$er the item was received on deposit, excluding Sundays and legal holidays. Police order to hold property. (a) Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to section [b] (POLICE ORDER TO HOLD) below, whichever comes first. (b) Order to hold. Whenever the chief ofpolice, or the chiefs designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the chiefs designee. The order to hold shall expire ninety (90) days from the date it is placed unless the chief of police or the chiefs designee determines the hold is still necessary and notifies the licensee in writing. (c) Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the chief or chief s designee may: (1) Physically confiscate and remove it from the shop, pursuant to a written order from the chief or the chief s designee, or (2) Place the item on hold or extend the hold as provided in (POLICE ORDER TO HOLD PROPERTY) (b), and leave it in the shop. When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the chief ofpolice, or chiefs designee shall so notify the licensee. Inspection of items. At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in (BZISINESS AT ONLY ONE PLACE), during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this article or other applicable laws. Label required. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the police department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used. K3 Pawn Shop Ordinance -First Reading.doc ~ ~ Prohibited acts. (a) No person under the age of eighteen (18) years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of eighteen (18) years. (b) No licensee may receive any goods from a person of unsound mind or an intoxicated person. (c) No licensee may receive any goods, unless the seller presents identification in the form of a valid driver's license, a valid State of Minnesota identification card, or current valid photo driver's license or identification card issued by the state or providence of residency of the person from whom the item was received. (d) No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed. (e) No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another has a security interest; with any licensee. (f) No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another; to any licensee. Denial, suspension or revocation. Any license under this article maybe denied, suspended or revoked for one or more of the following reasons: (1) The proposed use does not comply with the any applicable zoning code. (2) The proposed use does not comply with any health, building, building maintenance or other provisions of the Maplewood Code of Ordinances, or state law, or other lawfully enacted legal authority. (3) The applicant or licensee has failed to comply with one or more provisions of this article. (4) The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information. (5) Fraud, misrepresentation or bribery in securing or renewing a license. (6) Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant's business. K3 Pawn Shop Ordinance -First Reading.doc 11 (7) Violation within the preceding five (5) years, of any law relating to theft, damage or trespass to property, sale of a controlled substance, or operation of a business. (8) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this article. Business at only one place. A license under this article authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the police license inspector may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with (INSPECTION OF ITEMS). All provisions of this article regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the city code. The licensee must either own the building in which the business is conducted, and any approved off- site storage facility, or have a lease on the business premise that extends for more than six (6) months. Separability. Should any section, subsection, clause or other provision of this article be declared by a court of competent jurisdiction to be invalid such decision shall not effect the validity of the ordinance as a whole or any part other than the part so declared invalid. K3 Pawn Shop Ordinance -First Reading.doc ~ 2