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2004 09-13 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 13, 2004 Council Chambers, City Hall Meeting No. 04-21 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. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. " D. APPROVAL OF MINUTES 1. Minutes from the Special City Council Meeting-August 23, 2004 2. Minutes from the City Council Meeting-August 23, 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. Conditional Use Permit Review -Liberty Classical Academy (1717 English Street) 3. Conditional Use Permit Review -Sinclair Fuel Station (223 Larpenteur Avenue East) 4. Conditional Use Permit Review - St. Paul Hmong Alliance Church (1770 McMenemy Street) 5. Conditional Use Permit Review -Hmong American Alliance Church (2515 Maplewood Drive North) 6. Temporary Gambling License - North Star Chapter Brewery Collectible Club of America-Aldrich Arena 7. County Road D Realignment (East), Project 02-07 -Approve Easement Acquisitions 8. County Road D Realignment (West), Project 02-08 -Resolution Ordering Assessment Hearing ~~ Kennard Street Improvements, Project 03-04 -Resolution Directing the Modification of Existing Construction Contract for the Street Construction, (Change Order No. 4) and for the Landscaping Contract (Change Order No. 1) 10. Increase in Records, Elections and License Department Service Charges 11. Annual Maplewood Historical Society Payment H. PUBLIC HEARINGS 7:00 p.m. Cottages at Legacy Village (Hazelwood Street) Land Use Plan Change - BC (Business Commercial) to R-3(H) Conditional Use Permit for Planned Unit Development Preliminary Plat Design Approval L AWARD OF BIDS 1. Legacy Village Lighting Improvements, Project 04-23 -Resolution for Award of Bids 2. County Road D Realignment (West), Project 02-08 -Resolution for Award of Bids J. UNFINISHED BUSINESS 1. Electric Franchise Fee 2. Pawn Shop Ordinance-Second Reading K. NEW BUSINESS 1. On-Sale Intoxicating Liquor License - Brian Bauman -The Rock 2. Existing County Road D Improvements (Walter to TH 61), Project 04-06--Resolution Approving Joint Powers Agreements with Vadnais Heights and Ramsey County for Joint Funding and Roadway Turnback 3. Hazelwood Street Improvements (Beam Ave. to County Rd. D), Project 03-39 - Resolution Ordering Preparation of Feasibility Study 4. Trunk Highway 61 Improvements (Beam to 694), Project 03-07 -Resolution Approving Proceeding Subsequent Process for Sparkle Auto on TH 61 Right of Way 5. Preliminary Approval of Proposed Tax Levy Payable in 2005 6. Set Public Hearing Dates on Proposed 2005 Budget and Property Tax Levy L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS Volunteer Appreciation Picnic -Wednesday, September 15 (Battle Creek Park) 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 O UR COMMUNITY Following are some rules of civility the City ofMaplewood expects ofeveryone appearing atCouncil 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 thatwhen appearing at Council meetings, it is understood that everyone will follow these principles: Show respectfor each other, actively listen to one another; keep emotions in check and use respectful language. MINUTES MAPLEWOOD CITY COUNCIL 5:22 P.M. Monday, August 23, 2004 Council Chambers, City Hall Meeting No. 04-18 A. B. CALL TO ORDER PLEDGE OF ALLEGIANCE C. ROLL CALL D. Robert Cardinal, Mayor Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember Jackie Monahan-Junek, Councilmember Will Rossbach, Councilmember Present Present Present Present Present Others Present: City Manager Fursman Finance Director Faust Parks and Recreation Director Anderson Assistant City Engineer Cavett Building Official Fisher Agenda Item D1 Human Resource Director Le Police Chief Thomalla Fire Chief Lukin IT Director Hurley City Clerk Guilfoile UNFINISHED BUSINESS 1. 2005 Budget Review a. City Manager Fursman presented the budget. e. Finance Director Faust Presented specifics from the budget. City Manager Fursman presented further detailed information regarding the proposed 2005 budget and opened the floor to questions from the City Council. Staff addressed additional questions from council and will provide further information at the Special City Council Meeting on September 13~ at 5:00 p.m. E. ADJOURNMENT Councilmember Juenemann moved to adjourn at 6:58 p.m. Seconded by Councilmember Koppen Ayes-All A. B. C. DRAFT--MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M. Monday, August 23, 2004 Council Chambers, City Hall Meeting No. 04-19 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 7:08 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE A moment of silence was held for Maplewood Firefighter Harvey Brockman. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present 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. All comments/questions shall be posed to the Mayor and Council. I then will direct staff',' as appropriate, to answer questions or respond to comments. " D. APPROVAL OF MINUTES Minutes from the Council/Manager Workshop-August 23, 2004 Councilmember Juenemann moved to approve the minutes from the August 23, 2004 City CounciUMana,~er workshop as presented. Seconded by Councilmember Monahan-Junek Ayes-All 2. Minutes from City Council Meeting-August 23, 2004 Councilmember Monahan-Junek moved to approve the minutes from the August 23, 2004 City Council Meeting as presented. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 08-23-04 E. APPROVAL OF AGENDA G16. Housing and Redevelopment Authority-Concordia Arms Ml . Meeting Date M2. Maplewood Post Office M3. 800 MHz M4. South Leg Meeting Councilmember Monahan-Junek moved to a~rove the agenda as amended. Seconded by Councilmember Juenemann Ayes-All F. APPOINTMENTS/PRESENTATIONS G. CONSENT AGENDA 1. Approval of Claims 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 City Council Meeting 08-23-04 2 $ 444,258.95 Total Payroll $ 12,385,459.39 GRAND TOTAL 2. Transfers to Close Project Funds Approved the transfers from the S.C.S.A. Fund and the appropriate budget changes. State Aid Bonds Certification Adopted the following resolution so that state aid payments can be sent to the city to finance the debt service payments on the bonds: RESOLUTION 04-08-149 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. 4. Final Plat -Chesapeake Retail Center (White Bear Avenue and County Road D) Approved the Chesapeake Retail Center final plat. This approval is subject to Chesapeake Companies submitting the required easement and owners' association documents to the city staff for review and approval, and the applicant recording the plat and easement and owners' association documents with the county. Conditional Use Permit Review -Budget Towing (1291 Frost Avenue) Approved to 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. City Council Meeting 08-23-04 6. Conditional Use Permit Review -Keller Golf Course (2166 Maplewood Drive North) Approved to 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. 7. Conditional Use Permit Review - Schlomka Over-sized Accessory Building (1501 Henry Lane) Approved to review the conditional use permit for the over-sized garage for the property at 1501 Henry Lane again in one year or sooner if a problem arises or if the owner proposes a significant change to the site. 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 Adopted the following resolution approving a No Parking restriction on County Road D from Highridge Court to Highway 61: RESOLUTION 04-08-150 NO PARHING 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. City Council Meeting 08-23-04 10. White Bear Avenue Sidewalk at Highway 36, City Project 02-19 -Resolution Approving Conditions of MnDOT Limited Use Permit Adopted the following resolution approving the Conditions of the Limited Use Permit with the Minnesota Department of Transportation: RESOLUTION APPROVING CONDITIONS OF THE LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION 04-08-151 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 RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA 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. 11. Salary Range-IT Director Approved the revised 2004 salary range for the non-union position of IT Director at $60,949- $77,000. 12. Donation to Maplewood Police Reserves Accepted a $500.00 donation for the Maplewood Police Reserves from the Ramsey County Agricultural Society/Fair Board. 13. Safe & Sober Grant Resolution Adopted the following resolution executing an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the Safe and Sober Communities project: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT 04-08-152 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, City Council Meeting 08-23-04 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. 14. Church of St. Jerome -Temporary Gambling Resolution Adopted the following temporary gambling resolution for the church of St. Jerome's on September 19~: RESOLUTION 04-08-153 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the Church of St. Jerome. 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. 15. Frontline Church -Carnival License Fee Waiver Approved the temporary food sales and carnival permit for Frontline Church at 2055 White Bear Avenue. 16. Housing and Redevelopment Authority-Concordia Arms Adopted the following resolution authorizing the housing and redevelopment authority of the City of Maplewood: CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 850 AN ORDINANCE AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MAPLEWOOD TO EXERCISE, ON BEHALF OF THE CITY OF MAPLEWOOD, THE POWERS CONFERRED BY MINNESOTA STATUTES, SECTION 46X.01 TO 46X.15. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: City Council Meeting 08-23-04 The Housing and Redevelopment Authority of the City of Maplewood (the "Housing and Redevelopment Authority") has been duly organized pursuant to Minnesota Statutes, Sections 469.001 to 469.047, as amended. 2. The legislature of the State of Minnesota has enacted Minnesota Statutes, Chapter 462C (the "Act") to regulate the planning and implementation of single family housing programs and multifamily housing developments and has provided for the financing of such programs and developments pursuant to the terms of the Act. 3. Pursuant to the Act, a city is authorized to develop and administer programs of making or purchasing mortgage or rehabilitation loans to finance the acquisition or rehabilitation of single family housing by low and moderate income persons and families anywhere within its boundaries, or making or purchasing loans to finance multifamily housing developments. 4. Pursuant to the Act, the City has the power to authorize a housing and redevelopment authority acting within the City to exercise, on behalf of the City, the powers conferred by the Act. 5. Accordingly, the Housing and Redevelopment Authority of Maplewood is hereby authorized to exercise on behalf of the City of Maplewood, all of the powers conferred by the Act for purposes of issuing the $5,500,000 Housing Revenue Note, Series 2004 (Concordia Arms, Inc. Project) on which the City Council has previously held a public hearing and given its preliminary approval on November 24, 2003. Councilmember Koppen moved to approve the Consent Agenda as presented. Seconded by Councilmember Rossbach Ayes-All H. PUBLIC HEARINGS 7:20 Hillside Estates (Springside Drive) Preliminary Plat Zoning Map Change - F (farm residence) to R-1 (single dwellings) a. City Manager Fursman presented the report. b. Planner Roberts presented specifics from the report. Commissioner Mueller presented the Planning Commission Report. d. Assistant City Engineer Cavett presented further specifics. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Daniel Billing, 2383 Linwood Avenue, Maplewood Jacqueline Niccum, 2401 Linwood Avenue, Maplewood £ Mayor Cardinal closed the public hearing. City Council Meeting 08-23-04 Councilmember Koppen moved to adopt the following resolution changing the zoning map from Farm Residence (F) to Single Dwelling Residential (R-1) for the proposed Hillside Estates plat: ZONING MAP CHANGE RESOLUTION 04-08-154 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: 1. 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. Seconded by Councilmember Juenemann Ayes-All Councilmember Koppen moved to approve the preliminaryplat date stamped July 14, 2004 for the City Council Meeting 08-23-04 8 proposed Hillside Estates plat. 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. Seconded by Mayor Cardinal I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS Springside Drive, Project 03-36 -Resolutions for: a. Approve Plans and Advertising for Bids b. Order Assessment Roll c. Ordering Assessment Hearing a. City Manager Fursman presented the staff report. Ayes-All b. Assistant City Engineer Cavett presented specifics from the report. Councilmember Koppen moved to adopt the following resolution Approving Plans and Advertising for bids for the Springside Drive Street Extensions, West of Sterling Street, Project 03-36: RESOLUTION 04-08-156 APPROVING PLANS City Counci108-23-04 ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on August 9~, 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, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 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. 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. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Koppen moved to adopt the following resolution Ordering the Assessment Roll for the Springside Drive Street Extensions, West of Sterling Street, Project 03-36: RESOLUTION 04-08-157 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. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Koppen moved to adopt the following resolution ordering the Assessment Hearing for the Springside Drive Street Extensions, West of Sterling Street, Project 03-36: RESOLUTION 04-08-158 City Counci108-23-04 10 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. Seconded by Councilmember Monahan-Junek Ayes-All 2. Feed Products and Service (1300 McKnight Road North) a. Conditional Use Permit Review b. License Agreement a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Councilmember Koppen moved to review the conditional use permit for Feed Products and Service at 1300 McKnight Road again in one year of sooner if a problem arises of if the owner proposes a significant change to the site. Seconded by Councilmember Juenemann Ayes-All Councilmember Koppen moved to approve the licensing agreement for Feed Products and Service at 1300 McKnight Road and to give permission to the city to have the city crews and equipment cross the property. Seconded by Councilmember Juenemann Ayes-All Pawn Shop Ordinance -First Reading a. City Manager Fursman presented the staff report. b. Police Chief Thomalla presented specifics from the report. Councilmember Koppen moved to adopt the following first reading of the Pawn Shop Ordinance: City Counci108-23-04 11 Maplewood Automated Pawn System Ordinance 851 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. License fees: (a) The annual license fees for licenses issued under this article shall be imposed, set, established and fixed City Counci108-23-04 12 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. e. 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. City Counci108-23-04 13 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. 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. City Counci108-23-04 14 (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. 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. e. 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 may be 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 City Counci108-23-04 15 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: (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. City Counci108-23-04 16 (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. c. Current valid photo identification card issued by another state or province of Canada. (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 City Counci108-23-04 17 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. (ll) 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: (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. City Counci108-23-04 18 (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. (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. City Counci108-23-04 19 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). 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 after 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 of police, or the chief s 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 chief s 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: City Counci108-23-04 20 (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 of police, or chief s 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. 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 City Counci108-23-04 21 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. (~ 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. (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 City Counci108-23-04 22 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. Seconded by Councilmember Juenemann Ayes-All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS Change of Meeting Date (Due to League of Minnesota Cities Conference) Councilmember Koppen moved to change the October 1 l~ City Council meetin d~ ate to Thursday, October 14~, 2004. Seconded by Councilmember Juenemann Ayes-All 2. Maplewood Post Office-Mayor Cardinal would like to see an attempt made to implement a Post Office in the area of Legacy Village. 3. 800 MHz-Councilmember Juenemann provided an update of the recent meetings, which focused on the current status of locations, towers and equipment. 4. South Leg Meeting-Councilmember Rossbach stated that there would be a South Leg Meeting on Thursday, September 27~ at the Fire Station on Londin Lane. 5. Volunteer Picnic-Councilmember Juenemann announced that the annual appreciation picnic for city commission members and volunteers will be held on Wednesday, September 15~ at Battle Creek Park. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Mayor Cardinal moved to adjourn the meetin,~ at 8:15 p.m. Seconded by Councilmember Juenemann Ayes -All City Counci108-23-04 23 AGENDA NO. G-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: September 13, 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: $ 4,880.77 Checks # 64693 thru # 64694 dated 8/17/04 thru 8/19/04 $ 726,861.08 Checks # 64695 thru # 64745 dated 8/24/04 $ 270,735.26 Disbursements via debits to checking account dated 8/13/04 thru 8/20/04 $ 882,253.30 Checks #64746 thru # 64818 dated 08/31/04 $ 6,296,785.94 Disbursements via debits to checking account dated 8/23/04 thru 8/26/04 $ 1,266,735.00 Checks #64819 dated 9/01/04 $ 675,134.54 Checks #64820 thru # 64864 dated 9/02/04 thru 9/07/04 $ 5,016,441.36 Disbursements via debits to checking account dated 8/27/04 thru 9/02/04 $ 15,139,827.25 Total Accounts Payable PAYROLL $ 431,040.11 Payroll Checks and Direct Deposits dated 08/27/04 $ 4,150.96 $ - dated 08/27/04 $ 435,191.07 Total Payroll $ 15,575,018.32 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions 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 08-20, 08-27, 9-03 1 Check Register City of Maplewood vchlist 08/20/2004 10:22:06 AM Check Date Vendor Description/Account Amount 64693 8/17/2004 03197 ABSOLUTE FLOORING INC REMOVE & REPLACE EXISTING CARPET, ALSO 2,660.50 64694 8/19/2004 02877 LA METTRY'S COLLISION REPAIR MEDIC 2 VEHICLE 2,220.27 64695 8/24/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 7/24 - 8/1 899.78 PATROL & BOARDING FEES 8/2 TO 8/13 1,140.82 64696 8/24/2004 00221 BROCK WHITE COMPANY, LLC. DOMES 299.60 64697 8/24/2004 03130 CAMPBELL KNUTSON PA PROJ 02-07 PROFS SRVS 660.00 64698 8/24/2004 00279 GEMSTONE PRODUCTS CO. WHITE BEAR AVE SIDEWALK 954.77 64699 8/24/2004 00494 CHILDREN HOME & FAMILY SERVICE YOUTH DIVERSION SRVS - AUG 3,423.42 64700 8/24/2004 00319 CONCRETE FORM ENGINEERS INC SIDEWALK FORMS 268.00 64701 8/24/2004 00382 DAVIS LOCK & SAFE KEYS 44.73 64702 8/24/2004 00531 FRA-DOR BLACK DIRT & RECYCLE BLACK DIRT 311.51 64703 8/24/2004 02113 FURSMAN, RICHARD REIMB PARKING & MILEAGE 3/1 TO 8/15 190.37 64704 8/24/2004 02547 HARTLAND FUEL PRODUCTS LLC INC UNLEADED MID-GRADE 89 OCTANE GAS 10,278.03 64705 8/24/2004 03121 HAYLAND WOODS LANDSCAPING SEMINAR PLANTS 808.76 PLANTS 23.96 64706 8/24/2004 02802 KUNDE CO INC FORESTER CONSULTATION 100.00 64707 8/24/2004 00908 M R P A ADMIN SECTION TRNG - 2 30.00 64708 8/24/2004 02188 MARRS, SCOTT NNO ENTERTAINMENT 8/3 510.00 64709 8/24/2004 02523 MED COMPASS HAZMAT PHYSICALS 578.00 64710 8/24/2004 02844 MINNAQUA BEAVER LAKE PARK PROGRAM 63.00 64711 8/24/2004 01051 MN OCCUPATIONAL HEALTH PRE-EMPLOYMENT PHYSICALS 907.00 64712 8/24/2004 01103 MOODY'S INVESTORS SERVICE BOND RATING 5,750.00 64713 8/24/2004 02300 OAKDALE LOCKSMITHS KEYS 21.99 64714 8/24/2004 00001 ONE TIME VENDOR REF CHARLES BETHAL -TRNG SESSION 476.00 64715 8/24/2004 00001 ONE TIME VENDOR REF C BJORKLUND PROJ 03-18 DRVWY 213.95 64716 8/24/2004 00001 ONE TIME VENDOR REF SWELCH/G TIEGS -MEMBERSHIP 161.00 64717 8/24/2004 00001 ONE TIME VENDOR REF DIANE LEVEY-ROESER -PARKS PROG 153.50 64718 8/24/2004 00001 ONE TIME VENDOR REF AC DOYLE CO INC -SOFTBALL 130.00 64719 8/24/2004 00001 ONE TIME VENDOR REF SEAN KOCH -SOFTBALL 130.00 64720 8/24/2004 00001 ONE TIME VENDOR REF JON WELCH -SOFTBALL 130.00 64721 8/24/2004 00001 ONE TIME VENDOR REF RANDY MILLER -SOFTBALL 130.00 64722 8/24/2004 00001 ONE TIME VENDOR REF RORY BEZECNY -SOFTBALL 130.00 64723 8/24/2004 00001 ONE TIME VENDOR REF NANCY CROSBY -MEMBERSHIP 101.20 64724 8/24/2004 00001 ONE TIME VENDOR REF REBECCA MARANDA -DAY CAMP 85.00 64725 8/24/2004 00001 ONE TIME VENDOR REF KAREN POPPA-PARK PROGRAM 45.00 64726 8/24/2004 02043 OVERHEAD DOOR COMPANY NEW COLD STORAGE BUILDING GARAGE DOOR - 3,702.00 64727 8/24/2004 02903 PARK CONSTRUCTION CO PROJ 03-22 CARLTON ST PYMT #2 73,791.84 64728 8/24/2004 01248 PARTY TIME LIQUOR ROOTBEER KEGS FOR NNO 170.29 64729 8/24/2004 01269 PIPE SERVICES CORP PROJ 03-18 SANITARY SEWER TV INSP 1,307.25 64730 8/24/2004 03171 QUALITY TRAFFIC CONTROL PROJ 02-08 SIGN RENTALS 369.77 64731 8/24/2004 01337 RAMSEY COUNTY-PROP REC & REV ADOPT-A-PARK FLOWERS 127.80 64732 8/24/2004 01359 REGAL AUTO WASH DETAIL XX CAR WASHES 114.93 64733 8/24/2004 01378 ROEDA SIGNS INC TEMP NO PARKING SIGNS 356.78 64734 8/24/2004 03172 RYAN CONTRACTING COMPANY PROJ 03-26 LEGACY PRKWY PMT #2 148,836.26 64735 8/24/2004 01409 S.E.H. PROJ 02-07 PROF SRVS -MAY 1,185.58 PROJ 02-07 PROF SRVS -MAY 6,168.62 PROJ 03-04 PROF SRVS -MAY 641.77 PROJ 03-04 PROF SRVS -MAY 14,915.04 PROJ 04-06 PROF SRVS -MAY 13,105.55 PROJ 03-07 PROF SRVS -MAY 8,111.43 PROJ 03-26 PROF SRVS -MAY 1,277.58 64736 8/24/2004 01466 SKYHAWKS SPORTS ACADEMY BASKETBALL & GOLF PROGRAMS 2,497.00 MINI-HAWK & VOLLEYBALL PROGRAMS 2,666.00 ROLLER HOCKEY PROGRAM 846.00 64737 8/24/2004 01504 ST PAUL, CITY OF RADIO SRV & MAINT -JUL 1,422.95 CRIME LAB SRVS -JUL 245.00 64738 8/24/2004 01538 STRETCHER'S 2 LED LOW PROFILE EMERGENCY LIGHTBARS 4,792.50 64739 8/24/2004 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS- 1,883.89 PROJ 03-18 HAZELWOOD AREA PYMT#3 345,495.98 64740 8/24/2004 01588 TAUBMAN, DOUGLAS J REIMB FOR MILEAGE 2/26 TO 8/13 137.25 64741 8/24/2004 02164 TOLTZ, KING, DUVALL, ANDERSON PROJ 01-16 PROF SRVS THRU 11/29/03 5,837.74 2 Check Date Vendor 64742 8/24/2004 01026 64743 8/24/2004 02243 64744 8/24/2004 01789 64745 8/24/2004 01190 53 Checks in this report TRANSPORTATION, DEPT OF WINDSOR COMPANIES INC WOODBURY, CITY OF XCELENERGY Description/Account Amount PROJ 03-39 PROF SRVS THRU 9/27/2003 45,563.92 PROJ 01-16 PROF SRVS THRU 11/29 3,131.82 PROJ 03-39 PROF SRVS THRU 12/27/2003 5,970.16 PROJ 01-16 PROF SRVS THRU 5/29 1,501.64 PROJ 03-39 PROF SRVS THRU 5/29 50.74 PROJ 01-29 PROF SRVS THRU 5/29 74.34 PROJ 01-16 PROF SRVS 5/30 TO 6/26 202.96 SIGN MANUAL UPDATES 5.00 PROJ 03-04 & 01-16 LAB TEST RATE 484.39 IRRIGATION SERVICES 105.40 REIMB SAFE & SOBER GRANT 577.03 MONTHLY UTIL CHG -STMT DATE 7/29 37.49 Total checks : 731,741.85 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 08/ 12/04 08/ 13/04 08/ 12/04 08/ 13/04 08/ 13/04 08/ 13/04 08/ 13/04 08/ 16/04 08/ 13/04 08/ 17/04 08/ 18/04 08/ 11 /04 08/ 16/04 08/ 19/04 08/ 11 /04 08/ 19/04 08/ 13/04 08/ 13/04 08/ 13/04 08/ 16/04 08/ 16/04 08/ 16/04 08/ 16/04 08/ 17/04 08/ 17/04 08/ 18/04 08/ 19/04 08/ 19/04 08/ 19/04 08/20/04 08/20/04 08/20/04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer MN Dept of Revenue ARC Administration MN State Treasurer MN Dept of Revenue MN Dept of Natural Resources TOTAL Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License/Deputy Registrar State Payroll Tax Drivers License/Deputy Registrar Drivers License/Deputy Registrar Sales Tax DCRP & Flex plan payments Drivers License/Deputy Registrar Fuel Tax DNR electronic licenses Amount 12,750.80 7,828.59 607.50 10,830.58 91,819.98 47,893.66 21,601.41 14,251.43 17,426.18 12,815.39 12,590.85 5,661.00 442.77 13,537.62 236.00 441.50 270.735.26 4 Check Register City of Maplewood vchlist 08/30/2004 1:32:18 PM Check Date Vendor Description/Account Amount 64746 8/31/2004 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 8/14 - 8/23 1,503.54 64747 8/31/2004 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 195.00 MERCH FOR RESALE 156.00 MERCH FOR RESALE 78.00 MERCH FOR RESALE 117.00 MERCH FOR RESALE 156.00 64748 8/31/2004 00198 BOARD OF WATER COMMISSIONERS MONTHLY WATER UTIL 4,343.73 64749 8/31/2004 00211 BRAUN INTERTEC CORP. PROJ 03-18 PROF SRVS THRU 8/6 3,350.00 PROJ 03-26 PROF SRVS THRU 8/6 1,935.45 PROJ 03-22 PROF SRVS THRU 8/6 888.60 PROJ 02-08/04-04 PROF SRVS THRU 8/6 293.60 64750 8/31/2004 00218 BROADWAY BUILDERS REF GRADING ESC - 507 DORLAND RD 948.81 64751 8/31/2004 02606 BRUCE MOGREN INC REF GRADING ESC - GERVAIS AVE E 2,832.81 64752 8/31/2004 00262 CARLE, JEANETTE REIMB FOR MILEAGE 1/9 TO 8/25 28.13 64753 8/31/2004 00279 GEMSTONE PRODUCTS CO. CEMENT 690.71 64754 8/31/2004 02865 CENTEX HOMES REF GRADING ESC - 774 MAPLE HILLS DR 5,507.81 REF GRADING ESC - 762 MAPLE HILLS DR 2,185.62 REF GRADING ESC - 750 MAPLE HILLS DR 4,368.63 REF GRADING ESC - 738 MAPLE HILLS DR 5,458.49 REF GRADING ESC - 726 MAPLE HILLS DR 5,458.49 REF GRADING ESC - 714 MAPLE HILLS 5,434.52 REF GRADING ESC - 703 MAPLE HILLS 2,129.45 REF GRADING ESC - 715 MAPLE HILLS DR 5,316.71 REF GRADING ESC - 727 MAPLE HILLS DR 5,297.53 REF GRADING ESC - 739 MAPLE HILLS DR 5,292.74 REF GRADING ESC - 751 MAPLE HILLS DR 5,259.18 64755 8/31/2004 03182 CLASSIC TRANSPORT SRVS TOW DEMO CAR FOR TRNG 58.00 TOW FORFEITURE VEHICLES 106.00 64756 8/31/2004 03200 COFFEY, KEVIN REIMB FOR GUN SAFE 100.00 64757 8/31/2004 00319 CONCRETE FORM ENGINEERS INC CLEAN SIDEWALK FORMS 113.75 64758 8/31/2004 02743 DOBLAR, RICHARD REIMB FOR TUITION 7/13 - 8/10 382.50 64759 8/31/2004 01372 DYNAMEX DELIVERS NOW DELIVER PACKAGE 25.28 64760 8/31/2004 00543 GE CAPITAL RICOH COPIER LEASE 8/13 - 9/12 293.94 64761 8/31/2004 00585 GOPHER STATE ONE-CALL BILLABLE LOCATE TICKETS - 533 635.95 64762 8/31/2004 00589 GRAF, DAVE KARATE INSTRUCTOR 289.25 64763 8/31/2004 00649 HEFFERNAN, PATRICK REIMB TRNG & SUPPLIES 2-19 TO 3-23 62.53 REIMB FOR SUPPLIES 5-19 TO 7-13 32.12 64764 8/31/2004 01919 HINNENKAMP, GARY REIMB FOR BOOTS 134.99 64765 8/31/2004 02643 HITESMAN & ASSOCIATES PA HIPAA DOCUMENTATION 218.00 64766 8/31/2004 00721 INDEPENDENT SPORTS NETWORK UMPIRING SERVICES 1,334.00 64767 8/31/2004 03205 INTL INSTITUTE OF MN SPANISH 4 COURSE 125.00 64768 8/31/2004 00779 K D HOMES INC REF GRADING ESC - 2533 BETH CT E 2,502.95 64769 8/31/2004 00796 KEY-LAND HOMES REF GRADING ESC - 2670 LINWOOD AVE 2,595.14 64770 8/31/2004 00856 LE, SHERRIE L REIMB FOR MEALS & MILEAGE 8/18 - 8/20 458.66 64771 8/31/2004 03202 LINDSTROM, DONN REF GRADING ESC - 3079 WALTER ST 1,000.00 64772 8/31/2004 00875 LOFFLER BUSINESS SYSTEMS INSTALLATION & TRAINING 639.00 64773 8/31/2004 03127 LOVEGREEN MECH SRVS LLC DISCONNECT & RECONNECT 2 RTU'S 2,870.00 REPAIR ROOF TOP COOLING UNIT 412.54 64774 8/31/2004 00887 M & R SIGN CO INC HYDRO -STRIPPING 1,264.86 64775 8/31/2004 00932 MAPLEWOOD BAKERY MERCH FOR RESALE 397.57 MERCH FOR RESALE 361.34 BIRTHDAY CAKES 117.50 BIRTHDAY CAKES 33.50 BIRTHDAY CAKES 76.25 64776 8/31/2004 00942 MARSDEN BLDG MAINTENANCE CO CLEAN SEWER BACKUP 681.60 64777 8/31/2004 01819 MCLEOD USA LOCAL PHONE SRV 7/6 - 8/15 2,063.39 5 Check Date Vendor Description/Account Amount 64778 8/31/2004 01126 MN NCPERS LIFE INSURANCE PERA LIFE INSURANCE -AUG 213.00 64779 8/31/2004 01058 MN SHREDDING LLC PAPER SHREDDING 69.93 64780 8/31/2004 03203 MONTGOMERY BRINKMAN CONST SRVS REF GRADING ESC - 2714 BROOKVIEW 500.00 64781 8/31/2004 03204 MOORE, JEREMY REF GRADING ESC - 610 MCKNIGHT RD S 2,594.79 64782 8/31/2004 03195 NOLBY, MARK REF GRADING ESC - 999 DENNIS STS 1,000.00 64783 8/31/2004 01175 NORTH ST PAUL, CITY OF MONTHLY UTIL 7/7 TO 8/9 2,822.57 64784 8/31/2004 00001 ONE TIME VENDOR REF BUCHE - PROJ 03-38 ESCROW 1,289.63 64785 8/31/2004 00001 ONE TIME VENDOR REF CONNIE PIEKARSKI -AMB 04007932 822.14 64786 8/31/2004 00001 ONE TIME VENDOR REF JEAN SULLIVAN -ROOM RENTAL 350.00 64787 8/31/2004 00001 ONE TIME VENDOR REF B MCMAHON - PROJ 03-18 DRVWY 346.18 64788 8/31/2004 00001 ONE TIME VENDOR REF LINDA CONROY - PROJ 03-18 DRVWY 339.23 64789 8/31/2004 00001 ONE TIME VENDOR REF P MARTINEZ-MCC MEMBERSHIP 217.00 64790 8/31/2004 00001 ONE TIME VENDOR REF KIM ROBERTSON -PARKS PROG 50.00 64791 8/31/2004 00001 ONE TIME VENDOR REF JULIE STEWART -PARKS PROG 45.00 64792 8/31/2004 00001 ONE TIME VENDOR REF ELAINE MCMAHON -PARKS PROG 38.34 64793 8/31/2004 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING - JUL 15,178.28 64794 8/31/2004 03201 OPHEIM, JOHN REIMB FOR EXAM FEE 7/26 20.00 64795 8/31/2004 01250 PECK, DENNIS REIMB PRKG & MILEAGE 8/16 11.50 64796 8/31/2004 01254 PEPSI-COLA COMPANY MERCH FOR RESALE 83.90 MERCH FOR RESALE 649.25 MERCH FOR RESALE 430.50 64797 8/31/2004 00396 PUBLIC SAFETY, DEPT OF CRIME SCENE INV COURSE 100.00 64798 8/31/2004 03056 REGAL DESIGNERS & REMODELERS REF GRADING ESC - 1623 CURRIE STN 509.18 64799 8/31/2004 01360 REINHART FOODSERVICE MERCH FOR RESALE 492.24 64800 8/31/2004 03206 RICHFIELD BUS COMPANY BUS FOR PC TOUR 360.00 64801 8/31/2004 01387 ROSSINI, DR. JAMES FITNESS PROGRAM ADMIN FEE -AUG 100.00 64802 8/31/2004 02859 RT ELECTRIC, INC INSTALL AND UPGRADE WARNING SIRENS 23,204.00 64803 8/31/2004 03057 RYAN COMPANIES US INC REF GRADING ESC - 2416 GERVAIS AVE 14,642.05 64804 8/31/2004 01409 S.E.H. PROJ 03-04 PROF SRVS -JUN 3,864.39 PROJ 02-07 PROF SRVS -JUN 10,144.75 PROJ 02-07 PROF SRVS -JUN 1,857.52 PROJ 03-07 PROF SRVS -JUN 33,096.39 PROJ 04-06 PROF SRVS -JUN 16,864.45 PROJ 03-04 PROF SRVS -JUN 8,205.35 64805 8/31/2004 01466 SKYHAWKS SPORTS ACADEMY SPORTS CLINICS 1,970.60 64806 8/31/2004 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 954.37 64807 8/31/2004 01516 STAPLES, PAULINE REIMB FOR MEETING REFRESHMENTS 22.51 64808 8/31/2004 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS- 112.72 64809 8/31/2004 01637 TRAFFIC CONTROL CORPORATION LED TRAFFIC SIGNAL BULBS 1,745.16 CREDIT -LED TRAFFIC SIGNAL BULBS -1,482.48 64810 8/31/2004 01580 TSE, INC. GROUNDSKEEPING SRVS 6/28 - 7/23 1,658.63 CUSTODIAL SRVS 6/28 - 7/23 869.83 64811 8/31/2004 02177 U-CARE REFUND REF U-CARE -AMB 04008504 M BALL 315.18 64812 8/31/2004 02165 URS / BRW INC PROJ 02-07/02-08 CTY RD D REALIGNMENT 644,287.92 64813 8/31/2004 03207 VIRGIN MOBILE USA LLC INVESTIGATIVE PAPER WORK #04002481 15.00 64814 8/31/2004 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 679.94 64815 8/31/2004 01750 WATSON CO INC, THE MERCH FOR RESALE 299.70 64816 8/31/2004 02410 WELLS FARGO LEASING INC RICOH COPIER LEASE 8/9 TO 9/9 1,409.00 64817 8/31/2004 02462 WEMYSS, SCOTT D NAME TAGS 26.50 64818 8/31/2004 01771 WHITE BEAR LAKE, CITY OF VIOLENCE PREVENTION SEMINAR - 7 245.00 73 Checks in this report Total checks : 882,253.30 6 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 08/20/04 08/23/04 MN State Treasurer Drivers License/Deputy Registrar 12,928.93 08/23/04 08/24/04 MN State Treasurer Drivers License/Deputy Registrar 13,308.70 08/24/04 08/25/04 MN State Treasurer Drivers License/Deputy Registrar 16,692.72 08/25/04 08/26/04 MN State Treasurer Drivers License/Deputy Registrar 10,457.07 08/20/04 08/26/04 Elan Financial Services* Purchasing card items 54,027.27 08/25/04 08/26/04 Pitney Bowes Postage 2,985.00 08/26/04 08/26/04 JP Morgan Chase Investment purchase 1,010,116.25 08/26/04 08/26/04 Wells Fargo Bank Investment purchase 1,139,756.11 08/26/04 08/26/04 US Bank Investment purchase 4,036,513.89 TOTAL 6,296,785.94 *Detailed listings of Elan purchasing card items are attached. 7 Transaction Review s/ z 3/ z o 04 For Transactions posted between 08/07/2004 to 08/20/2004 # Tran Date Post Date Vendor Name Settlement Amt Cardholder Name 1 08/08/2004 08/10/2004 VERIZON WRLS I2KW RE3 62.17 R CHARLES AHL 2 08/13/2004 08/16/2004 NWA AIR 0122106241270 202.21 R CHARLES AHL 3 08/06/2004 08/09/2004 G & K SERVICES 006 991.30 BRUCE K ANDERSON 4 08/06/2004 08/09/2004 G & K SERVICES 006 262.40 BRUCE K ANDERSON 5 08/17/2004 08/19/2004 RIPP RESTRAINTS 224.50 SCOTT ANDREWS 6 08/17/2004 08/19/2004 AMMO-SAFE, INC. 337.65 SCOTT ANDREWS 7 08/09/2004 08/10/2004 CUB FOODS, INC. 8.50 MANDY ANZALDI 8 08/10/2004 08/11/2004 CUB FOODS, INC. 11.27 MANDY ANZALDI 9 08/10/2004 08/11/2004 TARGET 00011858 6.90 MANDY ANZALDI 10 08/12/2004 08/13/2004 RAINBOW 1-8852 4.95 MANDY ANZALDI 11 08/12/2004 08/13/2004 CUB FOODS, INC. 19.23 MANDY ANZALDI 12 08/14/2004 08/16/2004 CUB FOODS, INC. 12.78 MANDY ANZALDI 13 08/17/2004 08/18/2004 RAINBOW 1-8852 20.09 MANDY ANZALDI 14 08/19/2004 08/20/2004 RAINBOW 1-8852 10.10 MANDY ANZALDI 15 08/05/2004 08/09/2004 DOWNTOWNER CAR WASH 80.25 JOHN BANICK 16 08/09/2004 08/11/2004 GRAFIX SHOPPE 197.03 JOHN BANICK 17 08/18/2004 08/20/2004 SHRED-IT 179.82 JOHN BANICK 18 08/09/2004 08/11/2004 AQUA LOGIC INC 247.61 JIM BEHAN 19 08/11/2004 08/13/2004 THE HOME DEPOT 2801 72.09 JIM BEHAN 20 08/11/2004 08/13/2004 WW GRAINGER 9002 114.17 JIM BEHAN 21 08/11/2004 08/16/2004 CRAMER BLDG SERVICES INC 242.00 JIM BEHAN 22 08/11/2004 08/18/2004 AIR FILTERS UNLIMITED 560.43 JIM BEHAN 23 08/12/2004 08/13/2004 GENERAL REPAIR SERVICE 707.16 JIM BEHAN 24 08/13/2004 08/16/2004 SIMPLEXGRINNEL 168.33 JIM BEHAN 25 08/16/2004 08/18/2004 CENTRAL LOCK & SAFE 282.85 JIM BEHAN 26 08/17/2004 08/19/2004 AQUA LOGIC INC 1,011.59 JIM BEHAN 27 08/18/2004 08/20/2004 HENRIKSEN ACE HARDWARE 3.00 JIM BEHAN 28 08/17/2004 08/18/2004 FIST 42.20 STANLEY BELDE 29 08/05/2004 08/09/2004 RAINBOW 1-8852 34.21 OAKLEY BIESANZ 30 08/06/2004 08/09/2004 HOLIDAY 523 4.24 OAKLEY BIESANZ 31 08/11/2004 08/12/2004 BROOK WHITE COMPANY-ST PA 73.84 TROY BRINK 32 08/15/2004 08/17/2004 VERIZON WRLS I2KW RE3 8.41 CHRISTOPHER CAVETT 33 08/13/2004 08/16/2004 RAMSEY COUNTY PARKS AND R 228.98 MELINDA COLEMAN 34 08/13/2004 08/16/2004 MEDICAL RESOURCES 136.00 LINDA CROSSON 35 08/14/2004 08/16/2004 PAYCOM.NET CLICKENTE 29.95 LINDA CROSSON 36 08/14/2004 08/16/2004 PAYCOM.NET CLICKENTE 29.95 LINDA CROSSON 37 08/14/2004 08/16/2004 123EHOST.COM 99.00 LINDA CROSSON 38 08/14/2004 08/16/2004 PAYCOM.NET DELUXEPAS 29.95 LINDA CROSSON 39 08/14/2004 08/16/2004 WP-MP3DOWNLOADS 9.95 LINDA CROSSON 40 08/14/2004 08/16/2004 WP-MP3DOWNLOADS 17.88 LINDA CROSSON 41 08/14/2004 08/16/2004 HTTP://WWW.SKYPE.NET 62.80 LINDA CROSSON 42 08/15/2004 08/16/2004 DOT DOMAINREGISTRATION 127.95 LINDA CROSSON 43 08/15/2004 08/16/2004 PLAYNC - NCSOFT GAMES 49.99 LINDA CROSSON 44 08/15/2004 08/16/2004 KIND-HEARTS 6.00 LINDA CROSSON 45 08/15/2004 08/16/2004 KIND-HEARTS 6.00 LINDA CROSSON 46 08/15/2004 08/16/2004 WP-X-TRONIX CO. LT 113.03 LINDA CROSSON 47 08/15/2004 08/16/2004 WP-X-TRONIX CO. LT 105.92 LINDA CROSSON 48 08/15/2004 08/17/2004 MIMOS JARING 26.76 LINDA CROSSON 49 08/15/2004 08/17/2004 MIMOS JARING 26.76 LINDA CROSSON 50 08/15/2004 08/17/2004 MIMOS JARING 26.76 LINDA CROSSON 51 08/16/2004 08/17/2004 KIND-HEARTS -6.00 LINDA CROSSON 52 08/16/2004 08/17/2004 KIND-HEARTS -6.00 LINDA CROSSON 8 # Tran Date Post Date Vendor Name Settlement Amt Cardholder Name 53 08/16/2004 08/17/2004 RHODE ISLAND NOVELTY 65.68 LINDA CROSSON 54 08/16/2004 08/18/2004 NET4INDIA.COM 23.69 LINDA CROSSON 55 08/17/2004 08/18/2004 WP-X-TRONIX CO. LT -109.71 LINDA CROSSON 56 08/17/2004 08/18/2004 WP-X-TRONIX CO. LT -102.81 LINDA CROSSON 57 08/10/2004 08/11/2004 KOHL'S #0052 4.99 ALICE DUNN 58 08/10/2004 08/11/2004 MARSHALL FLDS 00020172 34.30 ALICE DUNN 59 08/13/2004 08/16/2004 MARSHALL FLDS 00020065 -34.30 ALICE DUNN 60 08/13/2004 08/16/2004 MARSHALL FLDS 00020065 177.00 ALICE DUNN 61 08/09/2004 08/11/2004 THE HOME DEPOT 2801 -21.17 DOUG EDGE 62 08/09/2004 08/11/2004 THE HOME DEPOT 2801 21.17 DOUG EDGE 63 08/09/2004 08/11/2004 THE HOME DEPOT 2801 49.36 DOUG EDGE 64 08/10/2004 08/11/2004 MENARDS 3059 12.72 DOUG EDGE 65 08/11/2004 08/12/2004 MENARDS 3059 25.35 DOUG EDGE 66 08/11/2004 08/13/2004 MILLS FLEET FARM #27 63.74 DOUG EDGE 67 08/09/2004 08/10/2004 MENARDS 3022 11.67 DAVE EDSON 68 08/11/2004 08/12/2004 PANERA BREAD #3459 329.36 THOMAS G EKSTRAND 69 08/06/2004 08/09/2004 PAYLESSSHOESOU00017152 14.99 VIRGINIA ERICKSON 70 08/06/2004 08/09/2004 C.J. BANKS #864 113.98 VIRGINIA ERICKSON 71 08/10/2004 08/12/2004 UNIFORMS UNLIMITED INC 153.90 PAUL E EVERSON 72 08/11/2004 08/13/2004 VRZN WRLS VZSRVE W RE3 74.19 DANIEL F FAUST 73 08/05/2004 08/09/2004 METRO ATHLETIC SUPPLY 1,244.45 GREG FINN 74 08/12/2004 08/16/2004 METRO ATHLETIC SUPPLY 263.59 GREG FINN 75 08/13/2004 08/16/2004 STREAMLINE DESIGN 700.00 GREG FINN 76 08/13/2004 08/16/2004 STREAMLINE DESIGN 700.00 GREG FINN 77 08/13/2004 08/16/2004 STREAMLINE DESIGN 923.00 GREG FINN 78 08/06/2004 08/09/2004 G & K SERVICES 006 275.50 DAVID FISHER 79 08/06/2004 08/09/2004 G & K SERVICES 006 851.29 DAVID FISHER 80 08/16/2004 08/17/2004 WASTE MANAGEMENT 328.29 DAVID FISHER 81 08/16/2004 08/17/2004 WASTE MANAGEMENT 328.29 DAVID FISHER 82 08/18/2004 08/20/2004 GLENWOOD-INGLEWOOD 106.34 DAVID FISHER 83 08/12/2004 08/16/2004 UNIFORMS UNLIMITED INC 82.50 TIMOTHY FLOR 84 08/07/2004 08/09/2004 GENICOM LLC 712.00 MYCHAL FOWLDS 85 08/11/2004 08/13/2004 OFFICE MAX 00002204 302.44 MYCHAL FOWLDS 86 08/16/2004 08/18/2004 OFFICE MAX 00002204 347.16 MYCHAL FOWLDS 87 08/17/2004 08/18/2004 PAYPAL LASERPRINTR 48.95 MYCHAL FOWLDS 88 08/18/2004 08/19/2004 LAPTOPS FOR LESS 25.50 MYCHAL FOWLDS 89 08/18/2004 08/19/2004 S & T OFFICE PRODUCTS 33.38 PATRICIA FRY 90 08/18/2004 08/19/2004 S & T OFFICE PRODUCTS 37.12 PATRICIA FRY 91 08/09/2004 08/11/2004 ICMA INTERNET 595.00 RICHARD FURSMAN 92 08/16/2004 08/18/2004 MINNESTALGIA 337.00 VIRGINIA GAYNOR 93 08/06/2004 08/09/2004 CUB FOODS, INC. 8.32 CAROLE GERNES 94 08/11/2004 08/13/2004 BLUE RIBBON BAIT & TACKLE 11.72 CAROLE GERNES 95 08/06/2004 08/09/2004 S & T OFFICE PRODUCTS 73.96 JEAN GLASS 96 08/12/2004 08/13/2004 S & T OFFICE PRODUCTS 22.18 JEAN GLASS 97 08/17/2004 08/18/2004 S & T OFFICE PRODUCTS 38.88 JEAN GLASS 98 08/09/2004 08/11/2004 TAHO SPORTSWEAR 697.50 MIKE GRAF 99 08/10/2004 08/11/2004 NORTHSTAR INTL LEASING 399.22 MIKE GRAF 100 08/16/2004 08/17/2004 NORTHSTAR INTL LEASING -105.93 MIKE GRAF 101 08/19/2004 08/20/2004 ANDON INC. 144.25 MIKE GRAF 102 08/10/2004 08/11/2004 LANDSCAPE ALTERNATIVES IN 45.48 JANET M GREW HAYMAN 103 08/12/2004 08/16/2004 THE HOME DEPOT 2810 39.05 JANET M GREW HAYMAN 104 08/10/2004 08/11/2004 PROPERTYKEY.COM, INC. 50.00 KAREN E GUILFOILE 105 08/13/2004 08/16/2004 VERIZON WRLS I2KW RE3 62.45 KAREN E GUILFOILE 106 08/12/2004 08/16/2004 HENRIKSEN ACE HARDWARE 2.12 MARK HAAG 107 08/09/2004 08/11/2004 AUTO GLASS SPECIALISTS-MN 178.72 JODI HALWEG 108 08/06/2004 08/09/2004 INTAB INC O1 OF O1 578.60 LORI HANSON 9 # Tran Date Post Date Vendor Name Settlement Amt Cardholder Name 109 08/09/2004 08/10/2004 S & T OFFICE PRODUCTS 9.20 LORI HANSON 110 08/09/2004 08/10/2004 S & T OFFICE PRODUCTS 45.48 LORI HANSON 111 08/19/2004 08/20/2004 S & T OFFICE PRODUCTS 87.97 LORI HANSON 112 08/19/2004 08/20/2004 S & T OFFICE PRODUCTS 78.02 LORI HANSON 113 08/19/2004 08/20/2004 S & T OFFICE PRODUCTS 132.88 LORI HANSON 114 08/06/2004 08/09/2004 MENARDS 3059 12.41 ROLAND HELEY 115 08/06/2004 08/09/2004 RADIO SHACK 00161133 85.59 MICHAEL HEMQUIST 116 08/11/2004 08/12/2004 MENARDS 3059 84.88 GARY HINNENKAMP 117 08/12/2004 08/13/2004 PARTY AMERICA 1008 7.41 RON HORWATH 118 08/12/2004 08/16/2004 OFFICE MAX 00002204 3.18 RON HORWATH 119 08/14/2004 08/16/2004 CUB FOODS-SUN RAY 32.73 RON HORWATH 120 08/12/2004 08/12/2004 NEXTEL WIRELESS SVCS 52.00 STEVE HURLEY 121 08/18/2004 08/18/2004 HP DIRECT-PUBLICSECTOR 582.56 STEVE HURLEY 122 08/19/2004 08/19/2004 NEXTEL WIRELESS SVCS 418.30 STEVE HURLEY 123 08/19/2004 08/20/2004 SILHOUETTE IMAGING CORP 260.93 STEVE HURLEY 124 08/12/2004 08/12/2004 NEXTEL WIRELESS SVCS 49.89 ANN E HUTCHINSON 125 08/17/2004 08/19/2004 EXCELLCOM 21.29 SCOTT JACOBSON 126 08/17/2004 08/19/2004 WW GRAINGER 500 105.06 DAVID JAHN 127 08/10/2004 08/11/2004 OAKDALE RENTAL CENTER 274.77 DON JONES 128 08/10/2004 08/11/2004 NORTHERN TOOL EQUIPMNT 23.39 DON JONES 129 08/16/2004 08/17/2004 TARGET 00008201 9.76 MARY B KOEHNEN 130 08/09/2004 08/10/2004 PWP TRAINING PROD 124.28 DAVID KVAM 131 08/11/2004 08/12/2004 INTOXIMETERS INC 111.91 DAVID KVAM 132 08/06/2004 08/09/2004 TWIN CITY HARDWARE 222.96 DENNIS LINDORFF 133 08/06/2004 08/09/2004 MENARDS 3022 79.11 DENNIS LINDORFF 134 08/11/2004 08/12/2004 BROOK WHITE COMPANY-ST PA 202.24 DENNIS LINDORFF 135 08/12/2004 08/13/2004 BROOK WHITE COMPANY-ST PA 102.72 DENNIS LINDORFF 136 08/13/2004 08/16/2004 MENARDS 3022 30.85 DENNIS LINDORFF 137 08/10/2004 08/11/2004 GAL GALLS INC 416.43 STEVE LUKIN 138 08/12/2004 08/12/2004 NEXTEL WIRELESS SVCS 740.13 STEVE LUKIN 139 08/12/2004 08/13/2004 EMERGENCY APPARATUS MAINT 422.50 STEVE LUKIN 140 08/12/2004 08/13/2004 EMERGENCY APPARATUS MAINT 1,802.50 STEVE LUKIN 141 08/12/2004 08/13/2004 EMERGENCY APPARATUS MAINT 1,942.98 STEVE LUKIN 142 08/15/2004 08/17/2004 VERIZON WRLS I2KW RE3 86.75 STEVE LUKIN 143 08/16/2004 08/17/2004 GAL GALLS INC 1,069.19 STEVE LUKIN 144 08/16/2004 08/17/2004 WASTE MANAGEMENT 236.30 STEVE LUKIN 145 08/16/2004 08/17/2004 ANCOM TECHNICAL CENTER IN 767.99 STEVE LUKIN 146 08/16/2004 08/17/2004 ANCOM TECHNICAL CENTER IN 102.99 STEVE LUKIN 147 08/17/2004 08/18/2004 ADVANCED GRAPHIX INC 38.70 STEVE LUKIN 148 08/19/2004 08/20/2004 EMERGENCY APPARATUS MAINT 743.80 STEVE LUKIN 149 08/16/2004 08/17/2004 MENARDS 3059 14.78 DAVID LUTZ 150 08/17/2004 08/19/2004 UNIFORMS UNLIMITED INC 64.97 JASON MARINO 151 08/06/2004 08/09/2004 G & K SERVICES 006 610.25 MARK MARUSKA 152 08/09/2004 08/11/2004 ON SITE SANITATION, IN 121.28 MARK MARUSKA 153 08/10/2004 08/13/2004 AMERICAN FASTENER00 OF 00 5.09 MARK MARUSKA 154 08/12/2004 08/13/2004 LTG POWER EQUIPMENT 236.19 MARK MARUSKA 155 08/12/2004 08/16/2004 HENRIKSEN ACE HARDWARE 344.27 MARK MARUSKA 156 08/15/2004 08/17/2004 VERIZON WRLS I2KW RE3 19.49 MARK MARUSKA 157 08/16/2004 08/17/2004 WASTE MANAGEMENT 723.74 MARK MARUSKA 158 08/16/2004 08/17/2004 WASTE MANAGEMENT 560.03 MARK MARUSKA 159 08/16/2004 08/17/2004 MAUTZ #3525 240.00 MARK MARUSKA 160 08/09/2004 08/11/2004 MILLER LITE VICTORY LANE 10.91 JON A MELANDER 161 08/10/2004 08/12/2004 HRC-NEW ORLENS10011385 40.09 JON A MELANDER 162 08/14/2004 08/16/2004 NEW ORLEANS INT'L AIRPORT 5.34 JON A MELANDER 163 08/14/2004 08/16/2004 HOOTERS OF FRENCH 36.23 JON A MELANDER 164 08/15/2004 08/17/2004 THE FAIRMONT HTL N ORLEAN 1,038.84 JON A MELANDER 10 # Tran Date Post Date Vendor Name Settlement Amt Cardholder Name 165 08/13/2004 08/16/2004 BATTERIES PLUS 126.66 ED NADEAU 166 08/15/2004 08/17/2004 VERIZON WRLS I2KW RE3 61.61 ED NADEAU 167 08/19/2004 08/20/2004 TARGET 00011858 16.22 ED NADEAU 168 08/05/2004 08/09/2004 HEJNY RENTALS INC 150.14 BRYAN NAGEL 169 08/11/2004 08/13/2004 THE UPS STORE #2198 84.95 BRYAN NAGEL 170 08/12/2004 08/13/2004 THOMAS TOOL AND SU 225.74 BRYAN NAGEL 171 08/16/2004 08/17/2004 SPRINTPCS AUTOPYMT RC1 57.29 BRYAN NAGEL 172 08/10/2004 08/11/2004 LILLIE SUBURBAN NEWSP 24.95 JEAN NELSON 173 08/06/2004 08/09/2004 G & K SERVICES 006 552.64 AMY NNEN 174 08/06/2004 08/09/2004 G & K SERVICES 006 159.70 AMY NNEN 175 08/06/2004 08/09/2004 G & K SERVICES 006 303.25 AMY NNEN 176 08/18/2004 08/19/2004 DIAMOND VOGEL PAINTS#807 56.55 ERICK OSWALD 177 08/18/2004 08/19/2004 DIAMOND VOGEL PAINTS#807 -56.55 ERICK OSWALD 178 08/18/2004 08/20/2004 MOGREN BROTHERS 83.07 ERICK OSWALD 179 08/16/2004 08/17/2004 OFFICIAL PUBLICATIONS 29.95 MARSHA PACOLT 180 08/09/2004 08/11/2004 EVER READY FIRST AID 178.77 KURT PARSONS 181 08/09/2004 08/11/2004 OFFICE MAX 00002204 4.04 KURT PARSONS 182 08/10/2004 08/11/2004 PROPERTYKEY.COM, INC. 50.00 DENNIS PECK 183 08/09/2004 08/10/2004 S & T OFFICE PRODUCTS 208.88 KATHLEEN PECK HALL 184 08/10/2004 08/11/2004 S & T OFFICE PRODUCTS -10.30 KATHLEEN PECK HALL 185 08/11/2004 08/12/2004 S & T OFFICE PRODUCTS 10.30 KATHLEEN PECK HALL 186 08/16/2004 08/17/2004 S & T OFFICE PRODUCTS -12.20 KATHLEEN PECK HALL 187 08/17/2004 08/18/2004 S & T OFFICE PRODUCTS 12.20 KATHLEEN PECK HALL 188 08/19/2004 08/20/2004 S & T OFFICE PRODUCTS 51.48 KATHLEEN PECK HALL 189 08/09/2004 08/12/2004 NARDINI FIRE EQUIPMENT CO 17.04 ROBERT PETERSON 190 08/06/2004 08/09/2004 HENRIKSEN ACE HARDWARE 33.10 PHILIP F POWELL 191 08/06/2004 08/09/2004 ZEROADS.COM 29.95 PHILIP F POWELL 192 08/09/2004 08/11/2004 TAPCO INC 142.89 PHILIP F POWELL 193 08/10/2004 08/11/2004 STREICHERS POLICE EQUIPM 134.14 PHILIP F POWELL 194 08/10/2004 08/11/2004 BATTERIES PLUS 22.98 PHILIP F POWELL 195 08/11/2004 08/12/2004 ALLIED ELECTRONICS INC 30.00 PHILIP F POWELL 196 08/11/2004 08/12/2004 AMERICAL MICRO PRODUCTS I 139.00 PHILIP F POWELL 197 08/11/2004 08/12/2004 CC MILITARY SURPLUS LL 26.47 PHILIP F POWELL 198 08/11/2004 08/16/2004 MIDWAY USA 45.89 PHILIP F POWELL 199 08/12/2004 08/13/2004 MN PHOTO 63.14 PHILIP F POWELL 200 08/12/2004 08/16/2004 AMHERST DRP ZONE 47.45 PHILIP F POWELL 201 08/13/2004 08/16/2004 PAYPAL SURPLUSTUFF 35.00 PHILIP F POWELL 202 08/13/2004 08/16/2004 OFFICE MAX 00007054 362.21 PHILIP F POWELL 203 08/19/2004 08/20/2004 FREDS 43.00 PHILIP F POWELL 204 08/10/2004 08/12/2004 S & T OFFICE PRODUCTS 380.21 WILLIAM J PRIEFER 205 08/05/2004 08/09/2004 MERIT CHEVROLET 16.11 STEVEN PRIEM 206 08/05/2004 08/09/2004 TOUSLEY FORD I27200039 183.23 STEVEN PRIEM 207 08/05/2004 08/09/2004 PUMP AND METER SERVICE IN 387.44 STEVEN PRIEM 208 08/06/2004 08/09/2004 BAUER BULT TRE33200023 272.68 STEVEN PRIEM 209 08/06/2004 08/09/2004 BAUER BULT TRE33200023 -272.68 STEVEN PRIEM 210 08/06/2004 08/09/2004 SUNRAY BTB 25.47 STEVEN PRIEM 211 08/06/2004 08/11/2004 MERIT CHEVROLET 25.68 STEVEN PRIEM 212 08/09/2004 08/10/2004 THANE HAWKINS 00430017 52.64 STEVEN PRIEM 213 08/09/2004 08/10/2004 KATH AUTO PARTS 67.04 STEVEN PRIEM 214 08/09/2004 08/11/2004 SUNRAY BTB 16.90 STEVEN PRIEM 215 08/11/2004 08/13/2004 SUNRAY BTB 92.95 STEVEN PRIEM 216 08/11/2004 08/13/2004 SUNRAY BTB 5.51 STEVEN PRIEM 217 08/12/2004 08/13/2004 KATH AUTO PARTS 48.03 STEVEN PRIEM 218 08/13/2004 08/16/2004 GENERATOR SPECIALTY CO 177.95 STEVEN PRIEM 219 08/16/2004 08/17/2004 KATH AUTO PARTS 26.59 STEVEN PRIEM 220 08/16/2004 08/18/2004 TWIN CITIES MACK & VOLVO 12.91 STEVEN PRIEM 11 # Tran Date Post Date Vendor Name Settlement Amt Cardholder Name 221 08/16/2004 08/18/2004 SUNRAY BTB 132.18 STEVEN PRIEM 222 08/18/2004 08/19/2004 PIONEER RIM & WHEEL CO 110.04 STEVEN PRIEM 223 08/18/2004 08/20/2004 COMO LUBE & SUPPLOI OF O1 55.59 STEVEN PRIEM 224 08/19/2004 08/20/2004 ZARNOTH BRUSH WORKS INC 334.25 STEVEN PRIEM 225 08/19/2004 08/20/2004 KATH AUTO PARTS 21.07 STEVEN PRIEM 226 08/06/2004 08/09/2004 AT&T WIRELESS SERVICES 147.00 KEVIN RABBETT 227 08/07/2004 08/09/2004 NEXTEL WIRELESS SVCS 1,823.16 KEVIN RABBETT 228 08/11/2004 08/16/2004 AUTO GLASS SPECIALISTS-MG 188.81 KEVIN RABBETT 229 08/04/2004 08/09/2004 DALCO ENTERPRISES, INC -29.78 MICHAEL REILLY 230 08/12/2004 08/17/2004 DALCO ENTERPRISES, INC 1,035.30 MICHAEL REILLY 231 08/05/2004 08/09/2004 CUB FOODS, INC. 35.23 AUDRA ROBBINS 232 08/09/2004 08/11/2004 JOANN ETC #1970 84.35 AUDRA ROBBINS 233 08/10/2004 08/11/2004 RAINBOW FOODS 1-886 43.97 AUDRA ROBBINS 234 08/11/2004 08/13/2004 VALLEYFAIR MERCHANDISE #2 9.33 AUDRA ROBBINS 235 08/12/2004 08/13/2004 CUB FOODS, INC. 17.57 AUDRA ROBBINS 236 08/12/2004 08/16/2004 MICHAELS #2744 26.37 AUDRA ROBBINS 237 08/12/2004 08/16/2004 SCIENCE MUSEUM-CALL CTR 75.00 AUDRA ROBBINS 238 08/16/2004 08/17/2004 RAINBOW FOODS 1-886 26.38 AUDRA ROBBINS 239 08/16/2004 08/18/2004 MICHAELS #2744 18.63 AUDRA ROBBINS 240 08/17/2004 08/19/2004 NYSTROM PUBLISHING 730.59 AUDRA ROBBINS 241 08/18/2004 08/19/2004 RAINBOW FOODS 1-886 28.08 AUDRA ROBBINS 242 08/18/2004 08/19/2004 SCI MUS EXPLORE STORE 33.71 AUDRA ROBBINS 243 08/18/2004 08/19/2004 SCI MUS EXPLORE STORE 65.81 AUDRA ROBBINS 244 08/18/2004 08/19/2004 SCI MUS EXPLORE STORE 60.99 AUDRA ROBBINS 245 08/18/2004 08/19/2004 SCI MUS EXPLORE STORE 33.71 AUDRA ROBBINS 246 08/05/2004 08/09/2004 MINUTEMAN PRESS 503.19 DEB SCHMIDT 247 08/09/2004 08/10/2004 S & T OFFICE PRODUCTS 150.09 DEB SCHMIDT 248 08/10/2004 08/11/2004 S & T OFFICE PRODUCTS 4.49 DEB SCHMIDT 249 08/10/2004 08/11/2004 CURTIS 1000 71.90 DEB SCHMIDT 250 08/11/2004 08/12/2004 S & T OFFICE PRODUCTS 15.08 DEB SCHMIDT 251 08/11/2004 08/13/2004 SHRED-IT 16.65 DEB SCHMIDT 252 08/16/2004 08/17/2004 S & T OFFICE PRODUCTS 5.20 DEB SCHMIDT 253 08/16/2004 08/17/2004 S & T OFFICE PRODUCTS 19.16 DEB SCHMIDT 254 08/16/2004 08/17/2004 S & T OFFICE PRODUCTS 23.32 DEB SCHMIDT 255 08/16/2004 08/17/2004 S & T OFFICE PRODUCTS -12.92 DEB SCHMIDT 256 08/17/2004 08/18/2004 S & T OFFICE PRODUCTS -5.20 DEB SCHMIDT 257 08/19/2004 08/20/2004 S & T OFFICE PRODUCTS 19.16 DEB SCHMIDT 258 08/09/2004 08/11/2004 CAPITOL COMMUNICATION 300.33 RUSSELL L SCHMIDT 259 08/16/2004 08/17/2004 WRISTBANDS MEDTECH USA IN 240.00 RUSSELL L SCHMIDT 260 08/18/2004 08/19/2004 ELDREDGE TRADING INC 343.00 RUSSELL L SCHMIDT 261 08/11/2004 08/13/2004 HENRIKSEN ACE HARDWARE 1.93 SCOTT SCHULTZ 262 08/06/2004 08/09/2004 G & K SERVICES 006 219.22 GERALD SEEGER 263 08/16/2004 08/17/2004 SHERWIN WILLIAMS #3127 38.32 GERALD SEEGER 264 08/18/2004 08/19/2004 MENARDS 3022 49.04 GERALD SEEGER 265 08/13/2004 08/16/2004 JOHNSON DIVERSIFIED PROD 137.32 ANDREA SINDT 266 08/14/2004 08/16/2004 LABSAFE 52.06 ANDREA SINDT 267 08/15/2004 08/17/2004 VERIZON WRLS I2KW RE3 45.48 ANDREA SINDT 268 08/16/2004 08/17/2004 S & T OFFICE PRODUCTS 82.56 ANDREA SINDT 269 08/10/2004 08/11/2004 MN PHOTO 15.92 PAULINE STAPLES 270 08/11/2004 08/13/2004 KINKO'S #0617 342.46 PAULINE STAPLES 271 08/12/2004 08/16/2004 KINKO'S #0617 94.70 PAULINE STAPLES 272 08/05/2004 08/09/2004 METRO SALES INC 851.00 JOANNE M SVENDSEN 273 08/12/2004 08/16/2004 METRO SALES INC 57.24 JOANNE M SVENDSEN 274 08/12/2004 08/16/2004 METRO SALES INC 98.03 JOANNE M SVENDSEN 275 08/16/2004 08/17/2004 S & T OFFICE PRODUCTS 366.76 JOANNE M SVENDSEN 276 08/05/2004 08/09/2004 GRUBERS POWER EQUIPMENT 87.26 RONALD SVENDSEN 12 # Tran Date Post Date Vendor Name 277 08/09/2004 08/11/2004 SEAPORT CAFE/BAR #130 278 08/09/2004 08/11/2004 HMS HOST - MSP AIRPT #55 279 08/13/2004 08/16/2004 CRESCENT CITY BREWHOUSE 280 08/15/2004 08/16/2004 CRESCENT CITY BREWHOUSE 281 08/15/2004 08/17/2004 THE FAIRMONT HTL N ORLEAN 282 08/16/2004 08/17/2004 JONES & BARLETT PUBLIS 283 08/16/2004 08/18/2004 JEFFERSON FIRE & SAFETY I 284 08/16/2004 08/18/2004 THE FAIRMONT HTL N ORLEAN 285 08/17/2004 08/18/2004 RSOINC 286 08/06/2004 08/09/2004 ENGRAPHICS INC 287 08/06/2004 08/09/2004 OFFICE MAX 00002204 288 08/11/2004 08/13/2004 THE HOME DEPOT 2801 289 08/13/2004 08/16/2004 HENRIKSEN ACE HARDWARE 290 08/17/2004 08/18/2004 GLASS & MIRROR INC 291 08/17/2004 08/19/2004 YIN YANG CHINESE RES 292 08/17/2004 08/19/2004 YIN YANG CHINESE RES 293 08/09/2004 08/10/2004 INTEREUM INC 294 08/18/2004 08/19/2004 TARGET 00002402 295 08/06/2004 08/09/2004 QWESTCOMM TN651 296 08/07/2004 08/09/2004 QWESTCOMM TN612 297 08/07/2004 08/09/2004 QWESTCOMM TN612 298 08/07/2004 08/09/2004 QWESTCOMM TN612 299 08/07/2004 08/09/2004 QWESTCOMM TN612 300 08/07/2004 08/09/2004 QWESTCOMM TN612 301 08/07/2004 08/09/2004 QWESTCOMM TN612 302 08/07/2004 08/09/2004 QWESTCOMM TN612 303 08/07/2004 08/09/2004 QWESTCOMM TN612 304 08/07/2004 08/09/2004 QWESTCOMM TN612 305 08/07/2004 08/09/2004 QWESTCOMM TN612 306 08/07/2004 08/09/2004 QWESTCOMM TN612 307 08/12/2004 08/16/2004 LESCOINC 308 08/16/2004 08/17/2004 UNITED RENTALS/HTG #229 309 08/17/2004 08/18/2004 DIAMOND VOGEL PAINTS#807 310 08/17/2004 08/19/2004 HEJNY RENTALS INC 311 08/18/2004 08/19/2004 DIAMOND VOGEL PAINTS#807 312 08/17/2004 08/18/2004 FIST 313 08/18/2004 08/20/2004 UNIFORMS UNLIMITED INC 314 08/09/2004 08/10/2004 USA TODAY SUBSCRIPTIONS 315 08/17/2004 08/19/2004 VIKING OFFICE PRODUCTS Settlement Amt Cardholder Name 47.80 RUSTIN SVENDSEN 6.38 RUSTIN SVENDSEN 101.83 RUSTIN SVENDSEN 83.42 RUSTIN SVENDSEN 1,045.37 RUSTIN SVENDSEN 100.40 RUSTIN SVENDSEN 332.28 RUSTIN SVENDSEN 28.65 RUSTIN SVENDSEN 50.00 RUSTIN SVENDSEN 51.12 LYLE SWANSON 17.65 LYLE SWANSON 95.34 LYLE SWANSON 193.65 LYLE SWANSON 35.00 LYLE SWANSON -5.35 LYLE SWANSON 5.35 LYLE SWANSON 65.50 DOUGLAS J TAUBMAN 8.41 DOUGLAS J TAUBMAN 60.48 JUDY TETZLAFF 57.51 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 86.27 JUDY TETZLAFF 115.02 JUDY TETZLAFF 138.45 JUDY TETZLAFF 237.24 JUDY TETZLAFF 368.52 JUDY TETZLAFF 57.51 JUDY TETZLAFF 57.51 JUDY TETZLAFF 216.71 TODD TEVLIN 502.90 TODD TEVLIN 285.85 TODD TEVLIN 150.14 TODD TEVLIN 199.47 TODD TEVLIN 42.20 JAY WENZEL 45.26 JAY WENZEL 45.50 SUSAN ZWIEG 23.91 SUSAN ZWIEG 54,027.27 13 Check Register City of Maplewood vchlist 09/02/2004 3:30:22 PM Check Date Vendor Description/Account Amount 64819 9/1/2004 03208 COUNTRY VIEW GOLF CENTER, INC. PERM & TEMP EASEMENTS -COUNTY ROAD D 1,266,735.00 64820 9/7/2004 00014 A T & T MANAGED INTERNET SRV 8/15 TO 9/15 1,013.60 64821 9/7/2004 01908 ADMINISTRATION, DEPT OF WIDE AREA NETWORK USAGE - JUL 392.00 64822 9/7/2004 02106 ADVANCED BUSINESS SYSTEMS, INC PRINTER REPAIR 134.64 64823 9/7/2004 00162 BAUMAN, GAYLE REIMB FOR HP IPAO 304.69 64824 9/7/2004 02961 BIRCH RUN LLC PROJ 03-04 EASEMENT AGREEMENTS 14,936.00 64825 9/3/2004 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM 108,041.50 64826 9/7/2004 00204 BONESTROO & ASSOCIATES CITY CAMPUS PLAN -PROF SRVS 2,388.00 64827 9/7/2004 02114 CARL BOLANDER & SONS CO. AFTON HEIGHTS PARK THRU 6/30 20,917.62 AFTON HEIGHTS PARK THRU 7/30/2004 177,966.78 64828 9/3/2004 02929 CNAGLAC LONG TERM CARE INS 819.32 64829 9/7/2004 02969 COUNTRYSIDE VOLKSWAGEN INC REF ESCROW - 1180 HWY 36 E 10,429.18 64830 9/3/2004 00529 FORTIS BENEFITS INSURANCE CO MONTHLY LTD PREM 2,099.75 64831 9/7/2004 00543 GE CAPITAL RICOH COPIER LEASE 9/13 TO 10/12 293.94 64832 9/7/2004 00667 HEWLETT PACKARD SERVER AS QUOTED - (2) INTEL XEON 2.8 4,417.62 64833 9/7/2004 03166 HIGHSTONE LANDSCAPES INC REBUILD WALLS WITH VERSA LOC PRODUCT AT 4,600.00 64834 9/7/2004 02237 IMPERIAL IMPRESSIONS POLICE INFO CARDS 102.35 64835 9/7/2004 00489 INTEREUM INC WORKSTATION & PANELS 1,274.27 WORKSTATION & PANEL 235.37 64836 9/7/2004 02728 KIMLEY-HORN & ASSOCIATES INC PROJ 02-07/02-21 PROF SRVS THRU 7/31 6,111.10 PROJ 03-22 PROF SRVS THRU 7/31 17,469.97 PROJ 02-07 PROF SRVS THRU 7/31 2,623.00 PROJ 03-26 PROF SRVS THRU 7/31 29,775.75 64837 9/7/2004 00821 KVAM, DAVID REIMB FOR TUITION & BOOKS 5/11 TO 6/1 604.95 64838 9/7/2004 00857 LEAGUE OF MINNESOTA CITIES LMC CONF FEES - 3 945.00 64839 9/7/2004 02863 MAYER, DUANE NNO PLASTIC STEINS 3,349.00 64840 9/3/2004 02872 METLIFE SBC MONTHLY DENTAL PREM 7,342.45 64841 9/7/2004 00985 METROPOLITAN COUNCIL WASTEWATER -SEP 156,400.33 64842 9/3/2004 01085 MN LIFE INSURANCE MONTHLY PREM 3,941.16 64843 9/7/2004 01202 NYSTROM PUBLISHING CO INC MCC NEWSLETTER- FALL 1,440.95 64844 9/7/2004 00001 ONE TIME VENDOR REF KIMBERLY GRAFF -MEMBERSHIP 220.00 64845 9/7/2004 00001 ONE TIME VENDOR REF CARRIE SEIFERT -SWIM LESSONS 108.00 64846 9/7/2004 00001 ONE TIME VENDOR REF MILTON SWANSON -GRASS SEED 100.00 64847 9/7/2004 00001 ONE TIME VENDOR REF ERIC TROBEC -SWIM LESSONS 98.00 64848 9/7/2004 00001 ONE TIME VENDOR REF GERALD MEYER -MCC PROG 36.00 64849 9/7/2004 00001 ONE TIME VENDOR REF PHYLLIS KUBES -GRASS SEED 33.05 64850 9/7/2004 00001 ONE TIME VENDOR REF JULIE MATTOX -GRASS SEED 21.95 64851 9/7/2004 00001 ONE TIME VENDOR REF STEVEN MUND -GRASS SEED 7.41 64852 9/2/2004 00396 PUBLIC SAFETY, DEPT OF CRIME SCENE INV COURSE 100.00 64853 9/7/2004 03133 RICE, DAN EMT NATL TEST 7/12 20.00 64854 9/7/2004 02001 ROSEVILLE, CITY OF JOINT POWERS AGREEMENT MIS - AUG 625.00 JOINT POWERS AGREEMENT MIS -SEP 625.00 64855 9/7/2004 01418 SAM'S CLUB DIRECT MERCH FOR RESALE 329.50 VENDING MACHINE SNACKS 256.86 PROGRAM SUPPLIES 73.04 PROGRAM SUPPLIES 266.51 COFFEE 205.68 MERCH FOR RESALE 268.13 64856 9/7/2004 02118 SCHMIDT, RUSSELL REIMB FOR TUITION 6/7 TO 6/28 886.36 64857 9/7/2004 01497 SPRINGSTED BOND ISSUE FEES 21,649.14 BOND ISSUE FEE 30,822.90 BOND ISSUE FEES 9,803.83 BOND ISSUE FEES 21,459.20 64858 9/7/2004 01504 ST PAUL, CITY OF WIRELESS REPORTING FEE -SEP 3,798.00 64859 9/7/2004 01526 STATE TREASURER 2004 FALL SEMINAR - 4 140.00 64860 9/7/2004 01572 SYSTEMS SUPPLY, INC. INK CARTRIDGES 350.44 INK CARTRIDGES 403.00 64861 9/7/2004 01574 T.A. SCHIFSKY & SONS, INC GRAVEL 140.25 14 Check Date Vendor 64862 9/7/2004 03088 TRAN, JOSEPH 64863 9/7/2004 02464 US BANK 64864 9/7/2004 01734 WALSH, WILLIAM P. 46 Checks in this report Description/Account Amount REIMB FOR TUITION 5/6 TO 6/17 573.75 PAYING AGENT FEE & SETUP 675.00 PAYING AGENT FEE 2/1 TO 7/31 201.25 COMM PLUMBING INSP 467.00 Total checks : 1,941,869.54 15 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 08/26/04 08/27/04 08/26/04 08/27/04 08/27/04 08/27/04 08/27/04 08/27/04 08/30/04 08/27/04 08/31 /04 08/27/04 08/27/04 09/01 /04 08/30/04 08/27/04 08/27/04 08/27/04 08/27/04 08/27/04 08/30/04 08/30/04 08/30/04 08/31 /04 08/31 /04 09/01 /04 09/01 /04 09/01 /04 09/02/04 09/02/04 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources Orchard Trust JP Morgan Chase MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer MN State Treasurer Federal Reserve Bank MSA/Dispatcher Unions MN State Treasurer ARC Administration TOTAL Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Deferred Compensation Investment Purchase Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers License/Deputy Registrar State Payroll Tax Drivers License/Deputy Registrar Savings Bonds Union Dues Drivers License/Deputy Registrar DCRP & Flex plan payments Amount 12,211.65 7,828.59 455.50 21,568.78 4,744,158.67 18,741.35 89,195.19 47,822.23 16,422.57 16,863.1 1 20,859.61 200.00 214.00 18,912.46 987.65 5,U"I (x,44"I .~(~ 16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/27/04 CARDINAL, ROBERT 406.78 dd 08/27/04 JUENEMANN, KATHLEEN 358.00 dd 08/27/04 KOPPEN, MARVIN 358.00 dd 08/27/04 MONAHAN-JUNEK, JACQUELINE 358.00 dd 08/27/04 ROSSBACH, WILLIAM 358.00 dd 08/27/04 COLEMAN, MELINDA 3,792.87 dd 08/27/04 DARST, ROBERTA 1,499.68 dd 08/27/04 FURSMAN, RICHARD 4,629.25 dd 08/27/04 SWANSON, LYLE 1,717.25 dd 08/27/04 LE, SHERYL 3,699.76 dd 08/27/04 RAMEAUX, THERESE 2,197.61 dd 08/27/04 FAUST, DANIEL 3,857.97 dd 08/27/04 SCHMIDT, DEBORAH 1,348.44 dd 08/27/04 ANDERSON, CAROLE 524.62 dd 08/27/04 BAUMAN, GAYLE 3,072.70 dd 08/27/04 JACKSON, MARY 1,766.84 dd 08/27/04 KELSEY, CONNIE 744.34 dd 08/27/04 TETZLAFF, JUDY 1,766.84 dd 08/27/04 FRY, PATRICIA 1,639.65 dd 08/27/04 GUILFOILE, KAREN 2,701.07 dd 08/27/04 OSTER, ANDREA 1,713.08 dd 08/27/04 CARLE, JEANETTE 1,613.10 dd 08/27/04 FIGG, SHERRIE 1,207.31 dd 08/27/04 JAGOE, CAROL 1,649.14 dd 08/27/04 JOHNSON, BONNIE 992.48 dd 08/27/04 OLSON, SANDRA 979.39 dd 08/27/04 WEAVER, KRISTINE 1,708.14 dd 08/27/04 BANICK, JOHN 3,445.97 dd 08/27/04 CORCORAN, THERESA 1,664.68 dd 08/27/04 POWELL, PHILIP 2,156.41 dd 08/27/04 SPANGLER, EDNA 396.00 dd 08/27/04 THOMALLA, DAVID 3,817.59 dd 08/27/04 ABEL, GLINT 2,038.68 dd 08/27/04 ALDRIDGE, MARK 2,561.83 dd 08/27/04 ANDREWS, SCOTT 2,978.43 dd 08/27/04 BAKKE, LONN 2,284.82 dd 08/27/04 BELDE, STANLEY 2,604.24 dd 08/27/04 BIERDEMAN, BRIAN 1,911.42 dd 08/27/04 BOHL, JOHN 2,635.75 dd 08/27/04 BUSACK, DANIEL 2,233.11 dd 08/27/04 COFFEY, KEVIN 2,083.62 dd 08/27/04 GROTTY, KERRY 2,370.74 dd 08/27/04 DOBLAR, RICHARD 2,725.22 dd 08/27/04 GABRIEL, ANTHONY 1,552.39 dd 08/27/04 HEINZ, STEPHEN 2,305.56 dd 08/27/04 HIEBERT, STEVEN 2,823.33 dd 08/27/04 JOHNSON, KEVIN 3,676.31 dd 08/27/04 KARIS, FLINT 2,773.75 dd 08/27/04 KONG, TOMMY 2,316.33 dd 08/27/04 KROLL, BRETT 2,361.23 17 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/27/04 KVAM, DAVID 3,063.63 dd 08/27/04 CARSON, DANIEL 2,368.35 dd 08/27/04 LU, JOHNNIE 3,219.62 dd 08/27/04 MARINO, JASON 1,911.42 dd 08/27/04 MARTIN, JERROLD 2,964.58 dd 08/27/04 MCCARTY, GLEN 1,767.81 dd 08/27/04 METRY, ALESIA 2,065.95 dd 08/27/04 OLSON, JULIE 2,264.32 dd 08/27/04 RABBETT, KEVIN 3,124.61 dd 08/27/04 STEFFEN, SCOTT 3,694.15 dd 08/27/04 SZCZEPANSKI, THOMAS 2,338.58 dd 08/27/04 THIENES, PAUL 2,799.35 dd 08/27/04 TRAN, JOSEPH 2,011.41 dd 08/27/04 WENZEL, JAY 2,493.18 dd 08/27/04 XIONG, KAO 1,911.42 dd 08/27/04 BARTZ, PAUL 2,592.89 dd 08/27/04 BERGERON, JOSEPH 3,156.32 dd 08/27/04 DUGAS, MICHAEL 2,398.84 dd 08/27/04 DUNN, ALICE 2,959.10 dd 08/27/04 ERICKSON, VIRGINIA 3,637.86 dd 08/27/04 EVERSON, PAUL 2,331.64 dd 08/27/04 FLOR, TIMOTHY 3,335.67 dd 08/27/04 FRASER, JOHN 2,430.03 dd 08/27/04 HALWEG, JODI 1,630.04 dd 08/27/04 L'ALLIER, DANIEL 1,626.27 dd 08/27/04 LANGNER, SCOTT 1,832.50 dd 08/27/04 PALMA, STEVEN 2,755.11 dd 08/27/04 PARSONS, KURT 2,210.96 dd 08/27/04 DAWSON, RICHARD 1,823.18 dd 08/27/04 DUELLMAN, KIRK 1,796.99 dd 08/27/04 JOHNSON, DOUGLAS 1,803.54 dd 08/27/04 NOVAK, JEROME 1,796.99 dd 08/27/04 PETERSON, ROBERT 1,874.29 dd 08/27/04 SVENDSEN, RONALD 1,915.30 dd 08/27/04 GERVAIS-JR, CLARENCE 2,575.00 dd 08/27/04 BAUER, MICHELLE 1,512.45 dd 08/27/04 FEHR, JOSEPH 1,808.44 dd 08/27/04 FLAUGHER, JAYME 1,858.95 dd 08/27/04 HERMANSON, CHAD 1,190.00 dd 08/27/04 JACKSON, LINDA 1,567.64 dd 08/27/04 LAFFERTY, WALTER 1,808.44 dd 08/27/04 LINK, BRYAN 1,644.45 dd 08/27/04 PACOLT, MARSHA 2,142.40 dd 08/27/04 RABINE, JANET 1,808.44 dd 08/27/04 STAHNKE, JULIE 1,808.44 dd 08/27/04 LUKIN, STEVEN 3,353.68 dd 08/27/04 SVENDSEN, RUSTIN 2,678.00 dd 08/27/04 ZWIEG, SUSAN 1,710.84 dd 08/27/04 DOLLERSCHELL, ROBERT 266.30 dd 08/27/04 AHL, R. CHARLES 4,045.84 dd 08/27/04 NIVEN, AMY 1,053.80 dd 08/27/04 PRIEFER, WILLIAM 2,462.94 dd 08/27/04 WEGWERTH, JUDITH 1,715.30 dd 08/27/04 BRINK, TROY 1,871.48 dd 08/27/04 DEBILZAN, THOMAS 1,753.64 dd 08/27/04 EDGE, DOUGLAS 1,792.05 18 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/27/04 JONES, DONALD 1,786.04 dd 08/27/04 KANE, MICHAEL 2,722.50 dd 08/27/04 LUTZ, DAVID 1,790.50 dd 08/27/04 MEYER, GERALD 1,867.33 dd 08/27/04 NAGEL, BRYAN 1,961.87 dd 08/27/04 OSWALD, ERICK 1,961.87 dd 08/27/04 TEVLIN, TODD 1,817.99 dd 08/27/04 CAVETT, CHRISTOPHER 3,056.22 dd 08/27/04 DUCHARME, JOHN 1,192.30 dd 08/27/04 ENGSTROM, ANDREW 1,506.08 dd 08/27/04 JACOBSON, SCOTT 1,453.24 dd 08/27/04 LABEREE, ERIN 2,245.60 dd 08/27/04 LINDBLOM, RANDAL 2,277.07 dd 08/27/04 MURRA, AARON 1,034.15 dd 08/27/04 PECK, DENNIS 2,743.75 dd 08/27/04 PRIEBE, WILLIAM 2,321.11 dd 08/27/04 SMITH III, DONAVAN 915.69 dd 08/27/04 VERMEERSCH, CHARLES 2,065.24 dd 08/27/04 ANDERSON, BRUCE 3,764.03 dd 08/27/04 CAREY, HEIDI 282.94 dd 08/27/04 HALL, KATHLEEN 465.49 dd 08/27/04 YOUNG, AMANDA 672.00 dd 08/27/04 BORGLUM, DUSTIN 960.00 dd 08/27/04 GERVAIS, DAVID 440.00 dd 08/27/04 LUND, ERIC 480.00 dd 08/27/04 MARUSKA, MARK 2,513.20 dd 08/27/04 NAUGHTON, JOHN 1,622.04 dd 08/27/04 SCHINDELDECKER, JAMES 1,788.27 dd 08/27/04 BIESANZ, OAKLEY 1,329.00 dd 08/27/04 HAYMAN, JANET 1,153.49 dd 08/27/04 HUTCHINSON, ANN 2,092.14 dd 08/27/04 KOS, HEATHER 384.25 dd 08/27/04 NELSON, JEAN 1,019.00 dd 08/27/04 SEEGER, GERALD 597.02 dd 08/27/04 GAYNOR, VIRGINIA 2,023.43 dd 08/27/04 MULHOLLAND, NANCY 840.00 dd 08/27/04 EKSTRAND, THOMAS 2,740.62 dd 08/27/04 KROLL, LISA 1,149.80 dd 08/27/04 LIVINGSTON, JOYCE 950.56 dd 08/27/04 LORSUNG, ROSE 759.00 dd 08/27/04 SINDT, ANDREA 1,554.04 dd 08/27/04 THOMPSON, DEBRA 632.82 dd 08/27/04 YOUNG, TAMELA 1,461.24 dd 08/27/04 FINWALL, SHANN 2,126.04 dd 08/27/04 ROBERTS, KENNETH 2,764.30 dd 08/27/04 CARVER, NICHOLAS 2,561.82 dd 08/27/04 FISHER, DAVID 3,022.43 dd 08/27/04 MENNENGA, JOHN 1,040.00 dd 08/27/04 RICE, MICHAEL 1,810.04 dd 08/27/04 SWAN, DAVID 1,898.04 dd 08/27/04 KONEWKO, DUWAYNE 2,548.44 dd 08/27/04 ANZALDI, MANDY 973.00 dd 08/27/04 BJORK, ALICIA 182.13 dd 08/27/04 BJORK, BRANDON 780.00 dd 08/27/04 FINN, GREGORY 2,011.89 dd 08/27/04 GOODRICH, CHAD 375.15 19 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/27/04 GRAF, MICHAEL 1,728.26 dd 08/27/04 HADDAD, JULIE 238.50 dd 08/27/04 KELLY, LISA 1,215.36 dd 08/27/04 KYRK, ASHLEY 605.00 dd 08/27/04 OHLHAUSER, MEGHAN 800.00 dd 08/27/04 ROBBINS, AUDRA 1,872.13 dd 08/27/04 SHERRILL, CAITLIN 76.50 dd 08/27/04 TAUBMAN, DOUGLAS 2,639.27 dd 08/27/04 WERNER, KATIE 51.00 dd 08/27/04 BREHEIM, ROGER 1,790.49 dd 08/27/04 NORDQUIST, RICHARD 1,792.55 dd 08/27/04 SCHULTZ, SCOTT 2,003.18 dd 08/27/04 COLLINS, ASHLEY 169.40 dd 08/27/04 CRAWFORD - JR, RAYMOND 535.15 dd 08/27/04 CROSSON, LINDA 2,338.51 dd 08/27/04 FONTAINE, ANTHONY 702.93 dd 08/27/04 MOY, PAMELA 402.17 dd 08/27/04 PELOQUIN, PENNYE 440.57 dd 08/27/04 SCHMIDT, RUSSELL 1,790.55 dd 08/27/04 STAPLES, PAULINE 2,720.85 dd 08/27/04 ABRAHAMSON, DANIEL 221.00 dd 08/27/04 ABRAHAMSON, REBECCA 114.74 dd 08/27/04 BRENEMAN, NEIL 290.27 dd 08/27/04 EDSON, JAMIE 317.25 dd 08/27/04 ERICKSON, CAROL 42.50 dd 08/27/04 GREDVIG, ANDERS 302.25 dd 08/27/04 HALEY, BROOKE 459.15 dd 08/27/04 HORWATH, RONALD 1,783.14 dd 08/27/04 IRISH, GRACE 103.25 dd 08/27/04 IRISH, KARL 677.10 dd 08/27/04 KOEHNEN, AMY 42.70 dd 08/27/04 KOEHNEN, MARY 863.26 dd 08/27/04 KRONHOLM, KATHRYN 657.12 dd 08/27/04 LINDSTROM, AMANDA 29.00 dd 08/27/04 OVERBY, ANNA 18.65 dd 08/27/04 SCHAEFER, ROB 70.08 dd 08/27/04 SCHULTZ, MATTHEW 97.50 dd 08/27/04 SCHULTZ, PETER 146.58 dd 08/27/04 SHAW, KRISTINA 64.75 dd 08/27/04 SMITH, ANN 90.00 dd 08/27/04 TUPY, HEIDE 121.25 dd 08/27/04 TUPY, MARCUS 253.66 dd 08/27/04 GROPPOLI, LINDA 366.75 dd 08/27/04 KURKOSKI, STEPHANIE 133.00 dd 08/27/04 BEHAN, JAMES 1,668.77 dd 08/27/04 LONETTI, JAMES 973.53 dd 08/27/04 MILES, LAURA 325.39 dd 08/27/04 PATTERSON, ALBERT 1,023.72 dd 08/27/04 PRINS, KELLY 915.33 dd 08/27/04 REILLY, MICHAEL 1,505.24 dd 08/27/04 STEINHORST, JEFFREY 122.06 dd 08/27/04 AICHELE, CRAIG 1,873.24 dd 08/27/04 PRIEM, STEVEN 2,008.44 dd 08/27/04 BERGO, CHAD 2,071.54 dd 08/27/04 FOWLDS, MYCHAL 1,850.70 dd 08/27/04 FRANZEN, NICHOLAS 1,440.00 20 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/27/04 HURLEY, STEPHEN 2,991.94 wf 98382 08/27/04 INGVOLDSTAD, CURTIS 115.63 wf 98383 08/27/04 CARLSON, STEVEN 1,750.40 wf 98384 08/27/04 JAHN, DAVID 1,630.20 wf 98385 08/27/04 MALDONADO, JUANA 694.78 wf 98386 08/27/04 MORIN, TROY 204.00 wf 98387 08/27/04 MATHEYS, ALANA 1,847.41 wf 98388 08/27/04 GENNOW, PAMELA 682.50 wf 98389 08/27/04 HANSEN, LORI 1,535.93 wf 98390 08/27/04 PALANK, MARY 1,697.36 wf 98391 08/27/04 RICHIE, CAROLE 1,586.49 wf 98392 08/27/04 SVENDSEN, JOANNE 1,750.13 wf 98393 08/27/04 SHORTREED, MICHAEL 3,081.30 wf 98394 08/27/04 STEINER, JOSEPH 612.00 wf 98395 08/27/04 WELCHLIN, CABOT 2,529.50 wf 98396 08/27/04 ESTREM, LYNNETTE 240.00 wf 98397 08/27/04 FREBERG, RONALD 1,826.31 wf 98398 08/27/04 HAAG, ROBERT 400.00 wf 98399 08/27/04 STEWART, RYAN 800.00 wf 98400 08/27/04 GROVER, MICHAEL 1,022.13 wf 98401 08/27/04 JAROSCH, JONATHAN 940.31 wf 98402 08/27/04 JOHNSON, ROBERT 1,305.00 wf 98403 08/27/04 EDSON, DAVID 1,820.09 wf 98404 08/27/04 HELEY, ROLAND 1,822.31 wf 98405 08/27/04 HINNENKAMP, GARY 1,802.24 wf 98406 08/27/04 LINDORFF, DENNIS 1,790.50 wf 98407 08/27/04 NAUGHTON, RYAN 948.00 wf 98408 08/27/04 NOVAK, MICHAEL 1,718.04 wf 98409 08/27/04 GERNES, CAROLE 464.00 wf 98410 08/27/04 SOUTTER, CHRISTINE 153.44 wf 98411 08/27/04 ANZALDI, KALI 701.25 wf 98412 08/27/04 BALLESTRAZZE, THAD 336.00 wf 98413 08/27/04 DAMIANI, ROBERT 20.00 wf 98414 08/27/04 FREYBERGER, RACHEL 411.88 wf 98415 08/27/04 GEBHARD, JILLIAN 920.00 wf 98416 08/27/04 GEBHARD, MADELINE 720.00 wf 98417 08/27/04 GLASS, DANIEL 400.00 wf 98418 08/27/04 KYRK, HALEY 130.00 wf 98419 08/27/04 ROBBINS, EMERALD 161.00 wf 98420 08/27/04 SPIELMAN, CHRISTA 290.63 wf 98421 08/27/04 HAAG, MARK 1,669.25 wf 98422 08/27/04 NADEAU, EDWARD 2,722.50 wf 98423 08/27/04 BROWN, LAURIE 172.00 wf 98424 08/27/04 DISKERUD, HEATHER 169.50 wf 98425 08/27/04 GLASS, JEAN 1,677.66 wf 98426 08/27/04 SCHULZE, BRIAN 537.00 wf 98427 08/27/04 TOLBERT, FRANCINE 400.00 wf 98428 08/27/04 LINGER, MARGARET 558.72 wf 98429 08/27/04 WEISMANN, JENNIFER 40.16 wf 98430 08/27/04 ANDERSON, CALEB 71.50 wf 98431 08/27/04 ANDERSON, JOSHUA 24.38 wf 98432 08/27/04 ANDERSON, JUSTIN 24.38 wf 98433 08/27/04 BACHMAN, NICOLE 268.90 wf 98434 08/27/04 BOTHWELL, KRISTIN 377.76 wf 98435 08/27/04 BRENEMAN, SEAN 59.85 wf 98436 08/27/04 BRIN, LAUREN 52.00 21 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 98437 08/27/04 COSTA, JOSEPH 84.60 wf 98438 08/27/04 DEMPSEY, BETH 67.20 wf 98439 08/27/04 DUNN, RYAN 438.19 wf 98440 08/27/04 ESTRADA, KIEL 380.63 wf 98441 08/27/04 FALKENSTEIN, MONICA 153.00 wf 98442 08/27/04 FENGER, JUSTIN 49.33 wf 98443 08/27/04 FONTAINE, KIM 611.11 wf 98444 08/27/04 GRANT, MELISSA 333.75 wf 98445 08/27/04 GRUENHAGEN, LINDA 215.29 wf 98446 08/27/04 HEWN, REBECCA 336.00 wf 98447 08/27/04 HOLMGREN, LEAH 367.41 wf 98448 08/27/04 HOULE, DENISE 89.20 wf 98449 08/27/04 HUPPERT, ERIN 136.64 wf 98450 08/27/04 JOHNSON, STETSON 616.01 wf 98451 08/27/04 KERSCHNER, JOLENE 1,147.25 wf 98452 08/27/04 LAUMER, MELISSA 40.50 wf 98453 08/27/04 MCMAHON, MELISSA 496.54 wf 98454 08/27/04 MILLS, ANNE 249.60 wf 98455 08/27/04 OLSON, ABIGAIL 43.60 wf 98456 08/27/04 OLSON, MARGRET 429.49 wf 98457 08/27/04 PEHOSKI, JOEL 433.25 wf 98458 08/27/04 PETERSON, ANNA 13.00 wf 98459 08/27/04 POTTRATZ, DIANE 62.23 wf 98460 08/27/04 PROESCH, ANDY 275.34 wf 98461 08/27/04 RODEN, JASON 79.55 wf 98462 08/27/04 ROSTRON, ROBERT 201.50 wf 98463 08/27/04 SCHMIDT, EMILY 237.25 wf 98464 08/27/04 SCHOENECKER, SAMANTHA 117.00 wf 98465 08/27/04 SCHRAMM, BRITTANY 107.25 wf 98466 08/27/04 SCHREINER, MICHELLE 160.00 wf 98467 08/27/04 SMITLEY, SHARON 391.00 wf 98468 08/27/04 STAHNKE, AMY 216.13 wf 98469 08/27/04 TRUE, ANDREW 175.10 wf 98470 08/27/04 WARNER, CAROLYN 138.00 wf 98471 08/27/04 WEDES, CARYL 157.15 wf 98472 08/27/04 WELTER, ELIZABETH 500.64 wf 98473 08/27/04 WERNER, REBECCA 82.88 wf 98474 08/27/04 WHITE, NICOLE 421.82 wf 98475 08/27/04 WOODMAN, ALICE 124.20 wf 98476 08/27/04 BOSLEY, CAROL 175.95 wf 98477 08/27/04 FARLEY, JAMIE 520.00 wf 98478 08/27/04 HAGSTROM, EMILY 117.00 wf 98479 08/27/04 HANSEN, ANNA 144.50 wf 98480 08/27/04 ODDEN, JESSICA 71.50 wf 98481 08/27/04 OIE, REBECCA 34.13 wf 98482 08/27/04 QUINN, KELLY 108.00 wf 98483 08/27/04 VAN HALE, PAULA 103.60 wf 98484 08/27/04 DOUGLASS, TOM 976.36 wf 98485 08/27/04 HER, CHONG 234.61 wf 98486 08/27/04 NAGEL, BROOKE 360.84 wf 98487 08/27/04 NEWCOMB, GENNA 146.30 wf 98488 08/27/04 O'GRADY, VICTORIA 44.45 wf 98489 08/27/04 O'GRADY, ZACHARY 194.00 wf 98490 08/27/04 RYDEEN, ARIEL 192.85 wf 98491 08/27/04 SIMPSON, KIMBERLYN 76.20 wf 98492 08/27/04 THEESFELD, CALEB 44.45 22 CHECK # CHECK DATE EMPLOYEE NAME wf 98493 08/27/04 VANG, CIA wf 98494 08/27/04 VERDELL, TRAQUEZ wf 98495 08/27/04 WAGNER, KEVIN wf 98496 08/27/04 WILLIAMS, NICK wf 98497 08/27/04 MULVANEY, DENNIS AMOUNT 129.68 82.80 178.29 126.35 1,967.73 431,040.11 23 Agenda #G2 MEMORANDUM TO: City Manager FROM: Rose Lorsung, Planning Intern SUBJECT: Conditional Use Permit PROJECT: Liberty Classical Academy LOCATION: 1717 English Street (Lake Phalen Community Church) DATE: 9/3/2004 INTRODUCTION The conditional use permit (CUP) for the new elementary school located at the existing Lake Phalen Community Church, 1717 English Street, is due for review. The elementary school is for up to 60 students and will eventually serve grades K - 12. BACKGROUND The church previously had an elementary school (grades K - 8) in the existing building between the years 1978 -1985. This school had up to six classrooms with an average of 15 students per room. July 22, 2003: The city council approved the CUP for Liberty Classical Academy, subject to five conditions (see attached minutes). DISCUSSION Upon review, all of the conditions for the CUP have now been met. The one remaining condition was a proper address on the building. Pastor Bob Highley of Lake Phalen Community Church informed the city that the address that was put on the building fell and broke and that a new one will be added within three months. The city then informed Pastor Highley that there would only be a one-month extension for the CUP. Liberty Classical Academy then promptly put an address on the front of the building. RECOMMENDATION Review the conditional use permit for Liberty Classical Academy at 1717 English Street again in one year. P: sec16\Liberty Classical Academy CUP 2004 Attachments: 1. Location Map 2. Property/Zoning Map 3. Site Plan 4. School Floor Plan 5. City Council Minutes July 22, 2003 Attachment 1 } ` J~O 3. COUNTY ROAD C W ~ ~ 3 g PALM (~ CT. p ° v W ~ / Z p W CIR ~IOR ~ S 3 p ~- ~ ~ W ~ AGE ~~ pEMpNS AVE dte -A~/E.R ~ c ~ ~ DEMONT w AVE. ~~= W ~ a ~ ~""~ BROOKS AVE ~ BROOKS ;.~, ~ B~KS ~ 4~ , o ~' SIX TANT Z ~ Swar D SEXTANT AVE. ~' 3 AVE ~ p irk ~ ~ `~~-A cERVas AvE. ~- cERVas ~ ~ ~ w ~- `~ ~'~'• v GRANDVIEW AVE z ~~ ~ ~ Keller o Lake r. ~ ~t~ ~ :E AV ~ . ~ t `"r'~` IE ~ uric AV (r ~.F'. ' ' , f ~ ~` t r , KNW OOD i. Round ~ `~`4Lakat a ,. PAUL VIKING x ~, DR. . ~ iii ~ SHERREN AVE. -_.. Knuckle `dead Lake ~-•~ --~ ~ COPE t "~ :,' AVE. ~ `~ LARK g ~ Q: W Fj ~ AVE ~ LARK J ~- ° AVE. ;; M1 ° CO. ~ RD. 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(B~) r~ (LS) 61.o IL&4Z ~t ~' _4 es. 090 (sS) V f`In .3Gm..4ooe. ~ .4/a~ .43 ee. .38 cu. 3360 m ~ r~' ea) °~y° 7s ~ I ~ 14~4 - ~ r m oGO oso ° o °sl n 19 (75) ~ id (7 __ `60 - 153 ~'~ i.' ozo 89 = 8G (ztJQ 101 I- ~O _ _ _ __ _ _ y 171: 49 o,.a. .35 o.t. ~ ~ 82 x~ ~(zs) .' -- ® p yg N_ FI H R'Sr D o _~, ° rz~) nl ~~- ~ -~~ . ~~((II''''__ ,~ z z y~N ~ Bt)°BO 4(l BO +~ IIOI.II~I I2~13 Ihl lsl~I C)II \ ) (23) B4 . 85 1 .G7x 85 ~ ~ 20 ~ (4~Y) IaN I Br I 1 ^ /z+l 1 50 Ip. O I ~~j 53) 40 41 7 7 7 l ~ S9 3 n - SO I i76.7 ('13) ~. ~o.o. 7 --- 216.9 SAINT PAUL PROPERTY LINE /ZONING MAP 3 N e++~,.w.~,...~ ~"'d~ ~ ~ ~ ~~ ~ ~ ' -~ ~ ~. :.~ 7_ rt ~rt is-,4 7 ~ " " i : a l ri• ~i:R3~:-$! I S ~_~S A w *"~~ . i F r ~ ~ •. i .~ ~3k s, - ____ _ ' ____ _ __. _ ' . , - l J i m I~~iXyr~?"12~a i ~ -r~ o J • 2 Y a a f ~ i ~'~~~ f `~~~~~ 'i} F t 4 .Y'.~ ~ A ~ its ~I~t 1 ~•~. I r ~y L~ ~+1 f ~ i i E~ ~ 1 ~ ~' ~ ~t, ~"~.~~~ ~i it .. {`II IFl,, iT ~:, t F P _ a~ ~~ .A ' ~ ~ ~ O `ft t ~ , ~~ ~ i J : 2 _ Z : ~C Y ; , a a -~ _~ 8~ `* "C P7fllrf iN(i 'x ~ ~~ ~r~irarrcE iY., , i x x i a~- ~' 1~L , f I ~; I ~" ~I yid III vY~N(s~ 1. j- ~' ~nfl"f?he+LXi ~'.' . s ~{a~. f V1 ~'~ 1 I {~ x ..^^ ~ Vj { ~~~ ~ i~ ~. SITE PLAN 4 1V Attachment ~ l 8 ~ I ~~ ~~ ~ J ~f ~ c~ ~ ~ ~ ~ ~n 8 2 I L ~ v ~ ~ U I ~ ~ J -i- ~ ~ i + I ~ ~ -~ ' N T ~ ~ ~ ~ ~I ~.jJ x w , ' .~ _ ~ ` ~ ~ ~ V ~ S t ~ ~ ~ '~ ~ ~ ~ ~ ~ i i ' a~,y ~a.~ua~ ab ~ Liberty Classical Academy SCHOOL FLOOR PLAN 5 4 N Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 7:03P.M. Tuesday, July 22, 2003 Council Chambers, Municipal Building Meeting No. 03-16 H. PUBLIC HEARINGS 1. 7:12 p.m. Liberty Classical Academy Conditional Use Permit (1717 English Street) a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. Commissioner Monahan-Junek presented the Planning Commission Report. d. Kathy Smith, the applicant, 1964 Price Street was present for questions. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following resolution approving the conditional use permit for the Liberty Classical Academy to operate a school in the church building at 1717 English Street: CONDITIONAL USE PERMIT RESOLUTION 03-07-136 WHEREAS, Ms. Kathy Smith, representing Liberty Classical Academy, is requesting that Maplewood approve a conditional use permit for a school to operate in an existing church. WHEREAS, this permit applies to the property at 1717 English Street. The legal description is: The North 262 feet of the South 531.5 feet of the East lh of the SE 1/a of the SE'/a, subject to streets, in Section 16, Township 29, Range 22 (PIN 16-29-22-44-0021) WHEREAS, the history of this conditional use permit is as follows: 1. On July 7, 2003, the planning commission recommended that the city council approve this permit. 2. On July 22, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the council approve the above-described conditional use permit based on the building and site plans. The city approves this permit because: 6 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 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 school use shall follow the plans dated June 6, 2003, as approved by the city. The director of community development may approve minor changes. 2. The proposed school must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The school shall have no more than 60 students. 4. The property owner or manager shall sweep and stripe the parking lot before the school occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school space. 5. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make the required life safety and building improvements to the building. This plan shall include the installation of: a. The required fire protection (sprinkler) systems. b. An early warning fire protection system (smoke detection and monitoring). c. Additional emergency lights and exit signs (if necessary). d. Updated doors and hardware. e. The necessary changes to meet the handicapped accessibility code requirements. f. A proper address on the building. g. Any other changes the fire marshal or the building official deem necessary. 6. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All 8 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION City Manager Rose Lorsung, Planning Intern Conditional Use Permit Review Sinclair Oil Corporation 223 Larpenteur Avenue East 9/2/2004 Agenda #G3 The conditional use permit (CUP) for Sinclair Oil Corporation at 223 Larpenteur Avenue East is due for review. The CUP was required for a motor fuel station within the business commercial (BC) zoning district, after Sinclair proposed an expansion of their fuel station last year. The proposed expansion included a 290-square-foot addition to the convenience store, refacing of the convenience store, construction of a fuel island canopy and replacement of fuel dispensers. BACKGROUND July 8, 2002: The city council approved this CUP as well as a CUP for a fuel canopy with an existing nonconforming setback (see attached minutes on pages 4 through 7). August 11, 2003: The city council approved aone-year time extension for the CUP for the expansion of the fuel station (see attached minutes on page 8). DISCUSSION To date, the applicants have completed the first phase of the project, which included the construction of the new fuel canopy and refacing of the fuel station. Mr. Lawrence Feldsien of the Sinclair Oil Corporation stated to the city that the construction of the new addition was permanently on hold due to the cost of the fuel canopy and other structural improvements. A street easement was completed as requested by the city council and the city has a letter of credit for landscaping, removal of the westerly driveway on Larpenteur Avenue and the relocation of a driveway onto Adolphus Street, but no work has yet begun in this area. City staff has corresponded with Mr. Feldsien regarding the CUP conditions and letter of credit. The city was made aware of Sinclair's proposal to meet the conditions in conjunction with the city development of the Larpenteur Avenue property across the street on the corner of Larpenteur Avenue and Adolphus. Mr. Feldsien expressed concern that the relocation of the driveway and landscaping would be disturbed during the city's development. City staff advised Mr. Feldsien that the city's development of the Larpenteur Avenue property would probably not take place until Spring 2005. City staff requested Mr. Feldsien to submit a letter and timeline for the completion of the CUP conditions in conjunction with the spring development on Adolphus Street. RECOMMENDATION Review the conditional use permit for Sinclair Oil Corporation to operate a motor fuel station at 223 Larpenteur Avenue East again in one year. All original conditional use permit conditions as outlined in the July 8, 2002, city council minutes apply. P:sec 18\Sinclair (larpenteur 2004 cup extension) Attachments 1. Location Map 2. Site Plan 3. City Council Minutes (July 8, 2002) ~tachr7ent J ap Attachment 2 f7RSTRR: ~ - ASrIMET ~ ~ d CONCRCTE CURB ~~ (5 RCO'O) ' °UTT~ / d ~ ~ 9EE B/e-~ / ~- 7RAL/ ENCLOSURE ~~ T1~'- . / + ~ ' iy-~--. T I TRA511 I I I ilf/. 7';rr 1, j;, ~ rf RE.1. i d .: ! i !J JI I: f f f l r; • f~j ' TENSION ,~i dbiR1G 1 • ~ r/ lJ! ~ ~ ~ l'I+ ~ iRI511 ENCLOSURE N PM - ( 1 ( ~ OPOWER P01E f, ~ r ~ . r, REMODELED' S+ i r ~ j I r : , .. / / ! ~. "1 I - E561NM: CONCRETE ~ ' ` i ' r ~? ~ V J / dbTRa +r l oRRRw°E a~~`'NEL +'%I CON ENIENCE ! I ~ ~ GRAss "' Jlj I ,STORE' !l, ~ ~ \ a l 7 ----- \ • f !// rir !. fl f!flr llil~f / ail 1 / I I r fl I. ) rSEf 511CETS A-1 TNRU A IOJ~If/I r f 1, (~R7N N/i€jRIOR RE/MOOEI OMWINGY; (r. EN}BINGE 0. 11/!l+' ~ r lI ~ • ~ ll ( 1 f 1 l IKtOGIED IICMf .` r ``f l ! l y b. l ( f 1 f I e J lll ! ' ~ li ~ I P NR/G ll //fr r/I1% J rll RYtRN/0 Jlr ~% li ! l~ + f i~J,~ I I I l ;l !r • J / r l . 'l,!•!iffirl,`/'~,l ~~ r r;. l~ ••i~l ll l ~ fll ExbTN¢ GRASS d1sTRw f !/ .d lll .. l,l cnASS I _ i 6 ~ ® .. . e, ~ . B ~e 0.E ww ENCLOSUR[ , - 'd i c t I ~ T ~ 1r_p wnaalr RANr sloEwuR Stt c/c-s SCE ve-s I LLJ ~ PAVtw vIAN ! = m-1t tr-v ~ lr-c ___ _____ _ ____ I ~ ~I SHEET C-3 O O l f i I +y 'J r I O I N I I I _ .(L -- ~OfAg01M~ _ J _____ ~ dbtxlc '"1pE'N° SEE GRaNC PWI sNttT G-s _ _ _ T ° _ I O O O i ° d J _ L__________________J O rROGIxT rnRNe, Tn. I O Q I I ---------- r-------- ~ I 241 CONEREIE CURB k anTEl1 ? - I O O ~ l J TANi VENT STAO1 sEE r/TN-1 I 3[[ N/C-5 n ______ ___ _______ 11'-~ 11'-C sG•.x• cANOw SEC 311EET CP-1 Eiu SCE 6/iM-1 TAtrl SW SEC D/C-~ ~ I I ESbIING R- L ti I I PRKE SIGN ~ 70 REWM F- _ - - _ ` I ~ _ _ _ _ ~ SO'aSP bUNO AN ~ SCE BNEET C-7 PROOIICT 06rENSER, M. SEE VC-S k A/TR-2 f? - 1 R uN[ I - - SN[lMR WT bb j n . NIGINMY 51611 USE E71bTR4 P0.E STRLR:TIJRE) - ~ - - _ _ _ ---rte ^_ ^ _ / ~ _ ~ IANOSC,rmc rIAN fl PvRaX - .30 • sN~T L-1 ExbnNC tune GRASS srR1P r dbTING I ~. LARPENTEUR AVENUE N W E S SITE PLAN 3 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, July 08, 2002 Council Chambers, Municipal Building Meeting No. 02-14 1. 7:00 p.m. (7:15 p.m.) Sinclair Fuel Station (223 Larpenteur Avenue) A. Conditional Use Permit B. Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. Jackie Monahan-Junek presented the Planning Commission Report. d. Diana Longrie-Kline presented the Community Design Review Board Report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Larry Feldsien, representing Sinclair Oil f. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following, resolution approving~a conditional use permit to operate a motor fuel station within the business commercial, BC, zoning district for the Sinclair Gas Station located at 223 Larpenteur Avenue East: RESOLUTION 02-07-125 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Sinclair Oil Corporation applied for a conditional use permit to operate a motor fuel station within the BC, Business Commercial, zoning district; WHEREAS, this permit applies to property located at 223 Larpenteur Avenue East. The legal description is: The West 300 feet of the South 290 feet, except the West 30 feet thereof, of the West % of the Southeast'/4 of the Southeast'/4 of Section 18, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1. On June 17, 2002, the planning commission recommended that the city council approve this permit. 2. On July 8, 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 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. City Council Meeting 07-08-02 4 NOW, THEREFORE, BE IT RESOLVED that the city council approved 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. 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: 1. The fuel station's hours of operation, including pay-at-the-pump fueling, is limited to 6 a.m. to 11 p.m. 2. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. 3. All construction shall follow the site plan approved by the city including the removal of the westerly Larpenteur Avenue driveway and relocating the driveway onto Adolphus Street. The director of community development may approve minor changes. 4. The proposed construction must be substantially started within one year of the city council approval or the permit shall become null and void. The city council may extend this deadline for one year. The city council shall review this permit in one year. Seconded by Councilmember Collins Ayes-All City Council Meeting 07-08-02 5 Councilmember Koppen moved to approve the plans date stamped May 10, May 16, and May 23 2002 for the building addition remodelingLand construction of a new canopy and fuel islands for the Sinclair Gas Station at 223 Larpenteur Avenue East. Approval is subject to the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a building permit: (1) A revised site plan showing: (a) Removal of the westerly driveway on Larpenteur Avenue and the replacement of all required curb and gutter along Larpenteur Avenue and the parking area. (b) At least a 24-foot-wide driveway entrance on Adolphus Street. The driveway must be centered on the fuel pump islands. (c) The easterly driveway on Larpenteur Avenue widened to 36 feet. Three lanes should be marked with paint and arrows to include an entrance lane, a left-turn exit lane, and aright-turn exit lane. (2) Revised grading, drainage, utility and erosion control plans. (3) A revised landscape plan showing the following: (a) Moving the five scotch pines proposed on the west side of the site to the north side of the new driveway. These pine trees should be at least six- feet in height, as opposed to the proposed four-foot height. (b) Expanding the landscaping proposed on the south side of the site to the west property line, due to the removal of the westerly Larpenteur Avenue driveway. (c) Landscaping as required by the city engineer within any required rain garden. (c) Installing in-ground sprinkler system for all landscaped areas. (d) Edging and mulching all planting beds. (4) Revised canopy elevations showing that the lights beneath the canopy are flush mount. The lenses of the lights must not drop below the opaque portions of each lighting fixture. (5) A revised photometric plan showing that the site lighting complies with the city's lighting ordinance. City Council Meeting 07-08-02 6 (6) Trash enclosure fence sample must be submitted to staff to ensure the fence is 100 percent opaque. (7) Aright-of--way easement covering the westerly 15 feet of the site. The easement must be recorded with Ramsey County prior to issuance of a building permit. (8) Revised rear elevation showing that the new brick proposed for the sides of the building wrap around onto the back elevation by 2 feet on both sides. c. Complete the following before occupying the building: (1) Restore and sod damaged boulevards. (2) Install all pavement, curb, and gutter. (3) Install stop signs at both exits and ahandicap-parking sign for the handicap- parking stalls. (4) Widen the easterly Larpenteur Avenue driveway to 36 feet. Three lanes should be marked with paint and arrows to include an entrance lane, alert-turn exit lane, and aright-turn exit lane. (5) Install the approved trash enclosure. (6) Install all required landscaping. d. If any required work is not done, the city may allow temporary occupancy if: (1) The city determines that the work is not essential to the public health, safety or welfare. (2) The 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. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. (3) The city receives an agreement that will allow the city to complete any unfinished work. This approval does not include the signs. All proposed signs require a separate sign permit and must comply with the city's sign ordinance. f. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 07-08-02 7 Agenda #G4 MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: INTRODUCTION City Manager Rose Lorsung, Planning Intern Conditional Use Permit Review St. Paul Hmong Alliance Church 1770 McMenemy Street 9/3/2004 The conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street is due for review. BACKGROUND On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. On July 8, 2003, the city council approved a CUP revision and design plans for this site. These requests were for the church to expand their parking lot to the south and to add a playground to their property. (Please see the minutes starting on page nine.) DISCUSSION The church has finished the parking lot expansion and all of the associated site work. There was only one condition not met as of the last recent review and that was a proper trash container enclosure. The trash container enclosure was constructed but is poor in quality and not made of the appropriate materials. Mr. Kao Lee was notified of this and assured the city that it will be completed within three months. Since then the St. Paul Hmong Alliance Church has constructed a trash container enclosure, made of cement block and meeting all the code requirements. RECOMMENDATION Review the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again in one year. p:seclTHmong Alliance Church CUP 2004 Attachments: 1. Location Map 2. Property Line2oning Map 3. Area Map 4. Site Plan 5. July 8, 2002 City Council Minutes Attachment 1 t PLAZA CIR 3 AlVAW1DD ~ PAl 4 ~~ ~ S ~ DR < 3 0 z Q U W 2400N ~ ryry ®li co. RD. es LITTLE CANADA 3~ ~ a < ~~ ~ ® ' 49 LAU IE RD. O~ it) N ~ ~~ _~ ~ ~ LAURIE ~'T. COUNTY RD. g ^a© ~ ~iJ O~ a a ~ Q N r v~i BURK ~ ~ r~ ~ a EL RIDGE ~ A E. ~~ F-: E ORI AVE. Laker ~ ~ BELMONT LN. r ® O Q ene BELMONT <N. ~• J ~ ~^ SKILLMAN AVE. I~ SK A . Q~ w ' SKILLMAN AVE. N ~ ~ ~ x oz ~ KEN OOD 9 ¢ i t ~' ~ j MT. RNON a AVE. a p Y m o W .w_I ~ WNS AVE. ~ w MT.~ VERNON AVE. J ~ O ~ ~ ~ ~ ~ E~k~® Q ~ j ~~ ~ °1 ~" ROSEIAWN AVE. a c> W Ln KELLWOOD AVE. AVE. KELLWOOD k O O ~ LWOOD ppp N ~ ~O F= SUMMER qVE. U ER e.F ~^ ,~, y ~ T' ~ r ~ ~ U FENTON A ~ c~i ~ ~ ~ RIPLEY m Zv '~ FUNS O V > $ Y v~ ~ y AY €p ~ v W r^ ~ RI AVE. r'p'~W x ~ ~ N ~- ~ _ ~ ~ _ ~ OOH 11 KINGSTON O AV. ~ <~ ~~``~ = p ~ ~ KUJGSTONQAVE. 27 rjj ~ U' (S ~' ~ 3 W ® } ~z ~ ~ ~ p ~ Y ~ PRI E AVE. ,~` N ~ s w 0D LARPE NTEUR AVE. ~ p<, ® Q~ 4g inn ~~ j -~® 6, 35E 5 ST. PAUL. ,o LOCATION MAP 2 N C ~. Attachment 2 reo .6LOae. m ~ (8~ OI I a m ~ 5.83..0.. N 030 ~ (j ~ V'i~ 77 T C9~ ~ THE GARDENS 5T 1 ~ ~ o Y Gt M . 503ac. ~2) 4 v ~ 0 3~"w`~~j (s5) ~ ~ ` 02 s I 04 st r v ` a ` -L-- Im.e9N K ~ .spaec. ` '3~ 7 1 v ° W \ y I ~0,5o G~ _ - - 8 D.oo1 L l i ac. ~ '- .90 201.. c (86) b ~ _ - (S~ ® L p . n GS) oc ~107rD ° 1 F 438 l.~ s ~ 11. 25"... S I.t4 nom. m . ~ Ai47. r3 , o~ - - 1 s QD ~q~) _ 1 •LS a~ ~ 7. 7 I.zas~. ~ ~~) r 3 bz v4 .za" iaz C 1830 .ao 7s » 7f 7f 7s 9s 1809 ~ _ 1 383 ,.,, M ~ 387 R K F n C?T~43 r' h', x POND ~ ~ M ~ R F ^ h ~ f'T ~ „~ ~ . - )3o 1822 ~ i~ ] a ab..-. ' 1799 1780 I I 2 ~ ~ A ~ ~ N ,. m ~ - ~~ 29 C> * ' 379 ) (1 a a• 7s 7 ~ T ].0 7f.T! J 0 b ~ ~ ~ 1 i.b R Y G ~~ ~a (A) I s ^~ ~ e RIPLEY AVE RIPLEY AVE D olo 77 ~ ~ 1774 3 I\~ ~, 77.5 T. 77 SO .S 7. 77. fo 7750 ~7.SL 81.7) ~nl.~o A C°~~, ~ "~ . ~ ry C' ao C ~ ~ ~ J (~ N (N _ i ~ (~ 458 a ~ 3 ` ~ N ..-_ _ ~ I 7.fo .SD ] .So ] .SO N •77 ac. 1779 N `- 9 ~ 17 ~, 3.go aa. SAINT PAUL HMONG ~,~ ~ 1801 0 S ~ t . ,.,a~. 1770 j i7 o ~ F- e_ -- 08 ~ ~ m ~ ALLIANCE CHURCH ~; ~ - --- '~ ~ u F- ~ 46~ v 1766 '7oac. - - ~ • - - 342 1767 W ~ ''64.` ~, 1750 (~ '' ~ ~ ~8at- 1771 ------ W u , - ~4a` ; ~ z;o r --- 5~ 1741 "' - ~ , ' ~ ~ 'T 4ot ~ . 76 ~ 1765 ~ . ___-- 19 se r - pyg b• _ . ~_\' I I~~ lµ ]I71 .67m. I 1739 = + "' p ~ ~ ~'~ ~ v 050 ~ 1747 416 P. I' e T T.S. i.79-151 1740 - . . . . (_ • cc0. s a F 1721 p 1737 ~ _ - 16 .36 ea ° 56i.o _ _ Lot ~~ ~ ~ N V P'~ q~ ° 1 P I14~172°c2.4 L.~ - -- 1738 ~~ to ~„ 9 rya% I ~ 3h ; ~c z s oc. 1733 v .eyac'"' (z~y ,~ Qeo «... 7U~) ~ 8 - _J °o ~9) ~ (~~) KINGSTON ) 6~ AVE. ~~, C3z ~ ~~e ~4O) _ n `~.cr e 1 ~sl ns ~ G) ~~ 4 a 8 I ~ I (z9) ~ (33) ~ z ucL i~ sj ~ le zl~ ~ ~o : I y zB~e!- ? _ . _ 1 _ . ~ ~ ( o ~ \ ~ Ji 7 1- V F"' I~ 2 n 6 ~ V ~Qo N 2e ed~ 390 = 171 9T tl ' O W //,, ~ _ _ _ _ _ _ I V . - m~ ' za.< -q70 0 (Ib)m ~ e+ , C, 3 e+ Q. ~ (as) 5 m QI 3 gl z . I - A 3e a 4 Se• 9 61.53 I 1796 ~ . 1790 111 ... . , 17929W (~`) 17 84 1781 `I~ , . 21 ' 1780 1~3 26~ ~ 34 ~c 1778 ~~..n. I,` cnl /B bl.t 1764 g g c1.L ~ I(: _ _ 6 I '. • zo I `L- ' ' ' (fl~l',,,~Q 'Z ~ 18 ° 17 _ 13 ~ 14 t ~ ~ (24) ~~ Tj~''' _ 1(D _ 15 - cl.o 4. -s 1") INGSTON - s of 11 3' _ r ~~~-- r 32 ec. 22 ~. .~ ,~ . ~37) ~ r - .IZ,i 21 max` - . „' j0 L~s~. j . : zo :CM~ 19 :,~ ~ ~, I ~~ - IB o~\, 7 ~ C4~) - - 'r 4 B~ - .. - ~~ fvo S7- :~.r 0 1 9 DG Q `- 137.22 J -: , 091~~ PROPERTY LINE /ZONING MAP 3 N a a s w ~.~ ~ ~~. Hr~+~n 1~-~~~~nce +~~~rrch Aria ~r Attachment 4 .~ °.~. ~i ~ ~I i~ ----- _ .- ~ "°'~ N 1. Cwp1I~'oycfgcr b rsspwsKbo~bllW vbk tlr ski prbr to and~Y"N~Ld~arLlMlsLt or ~rlpOrk~brvdr~foabCl~ b WE Ms4M.~ ro 1 wM~ ~lorwl ~ W E 3. 5tat~ Lui r notNkatbn d Orr GaN IE harp prbr to be~iiFkJ rKrk Cd E01 far loGatbn al utNlhf acrd IYw. PrNaN ut1iW Mw rdN not b. Ioca4G o pat of 6oplrr Orr C,al4 but con 6s kwatM by a cortrac! lacalor or oMSr wK hls mew. lartraefar r rwparbr /ar brdhg all uaNy bw prbr to rerbvetbn 0. NI rwaovW bwh Orrw, artl tlwp to br bpawA a all ~b PROPOSED SITE PLAN 5 4 N Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, July 08, 2002 Council Chambers, Municipal Building Meeting No. 02-14 7:30 p.m. (8:51 p.m.) Hmong Alliance Church (1770 McMenemy Street) A. Conditional Use Permit Revision B. Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. c. Jackie Monahan-Junek presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Kao Lee, representing the church, 2415 Cypress, Maplewood Chou Vang, youth worker for the church, 415 Kingston Avenue, Maplewood Dick DuFresne, 1721 Desoto Street, Maplewood Audrey Duellman, 1843 Desoto Street, Maplewood Dick Friemuith, 1802 Burr Street, Maplewood James Evans, 1796 Burr Street, Maplewood Kevin Berglund, 1929 Kingston Avenue, Maplewood Sullivan Kong, member of the Hmong Alliance Church from St. Paul Ge Her, 1391 Bradley Street, Maplewood Ye Her, 1768 McMenemy, Maplewood Christine Le, Member of the Church Jim Benshoof, Benshoof and Associates, Inc, addressing the traffic report they submitted Barry Morgan, Master Engineering, 2104 4"' Avenue South, Minneapolis, for the Church Kao Lee, second appearance Kevin Berglund, second appearance Dick DuFresne, second appearance Councilmember Koppen moved to adopt the resolution ap~rovin~ a conditional use permit for the parking_lot and playground for St. Paul Hmong~Alliance Church at 1770 McMenemy Street. RESOLUTION 02-07-127 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the St. Paul Hmong Alliance Church applied for a revision to their conditional use permit because of their plans to enlarge their church parking lot, to add a driveway to Desoto Street and to add a playground to the3.r property. WHEREAS, this permit allows ~:lze church and Sunday school. WHEREAS, this permit applies to 1770 McMenemy Street. The legal description is: Except South 95 feet of West 16"' feet and except East 200 feet; the North 5 acres and except West 167 feet and except East ?00 feet; the North 4 feet of South 5 acres; being in North 6 10 acres of Southwest 1/4 of Southwest 1/4 (subject to road and easements) in Section 27, Township 29, Range 22. And Commencing at a point on the West line of Section 17, Township 29, Range 22, said point being 166.98 feet South from the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 17; running thence East and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the East line of said quarter quarter Section, thence running South along the East line of said quarter quarter Section 166.98 feet; thence running West and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the West line of said Section; thence running North along said last named line 166.98 feet to the place of beginning; excepting therefrom the West 342 feet thereof; and except land described in Document No. 2137431. WHEREAS, the history of this conditional use permit is as follows: 1. On November 24, 1986, the city council granted a conditional use permit for a church at this location. 2. On June 17, 2002, the planning commission recommended that the city council approve this permit revision, except the addition of the new drivew~~y to Desoto Street. 3. The city council held a public hearing on July 8, 2002. 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 ci~:y council approves the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorpor,~te the site's natural and scenic features into the development design. 7 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion, and the proposed playground. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences along the north side of the site. 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. 6. The plans for the driveway to Desoto Street, the future church addition and future gymnasium are not approved. These shall be submitted to the City Council for approval of a revised conditional use permit. 7. The city council may require the church to make changes to the site, including closing the new driveway to Desoto Street, if the council deems it necessary or prudent, during future reviews of the conditional use permit. 8. The church shall provide adequate screening of the new parking lot and the new driveway from adjacent homes by planting, berming or both. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to approve the design plans for the proposed parking lot, and playground for St. Paul Hmong Alliance Church. This approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a permit for this expansion. 2. Before starting the construction of the parking Iot and the new driveway, provide for staff approval the following plans: a. A revised landscape plan that shows the following: (1) Significant screening and landscaping along the south side of the parking lot and the new driveway to Desoto Street in the areas next to the adjacent houses. Such screening shall ~~e at least six feet tall and be 80 percent opaque and maybe accomplished u~ ith a fence, berming ~~r trees. (2) The use of native turf for the proposed ponding areas with additional landscaping in and around the eastern pond. 8 b. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet ordinance requirements and all the plans shall meet the requirements of the city engineer. If the grading plan shows the elimination of any mature trees (eight inches in caliper or more), the applicant shall replace these trees in accordance with the woodland protection ordinance. c. A revised lighting plan that shows the style and height of the proposed parking lot lights. The lights cannot be more than 25 feet in height as measured from the ground grade to the top of the luminary. The plan also must show that the lighting would not exceed the maximum illumination as allowed by code (0.4-foot-candles) at the property lines. d. A trash container enclosure plan that includes a fence that is at least 6 feet tall and a gate that is 100 percent opaque. e. A playground layout plan that includes the location and style of playground equipment. 1. Resod the lawn that is disturbed by construction activities. 2. Restripe the driveway onto McMenemy Street to include a turn lane. 3. Construct the required trash container enclosure. 4. Install a stop sign and speed bumps on the new driveway to Desoto Street. 5. If any required work is not done, the city may allow temporary occupancy if a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 8. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to den~the driveway access onto Desoto Street. Seconded by Councilmember Collins Ayes-All Denial of driveway request is because of concern that Desoto is not currently designed built to carry additional traffic. When improvements are planned and completed on Desoto Street, the church could then make a request fo~ an access. City Manager Fursman noted that if I dditional design features are made for the McMenemy entrance, those could be bought bacl to the staff for modification. 9 Agenda #G5 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Project Description City Manager Rose Lorsung, Planning Intern Conditional Use Permit Review Hmong American Alliance Church 2515 Maplewood Drive North 9/2/2004 The conditional use permit (CUP) for the Hmong American Alliance Church at 2515 Maplewood Drive North is due for review. The Hmong American Alliance Church purchased the Maplewood Industrial Park building at this site and is renovating the building for their church, currently located in North St. Paul (refer to the maps on pages 3 through 4). DISCUSSION To date, the Hmong American Alliance Church has received a building permit and the site is currently under construction. The applicant received Watershed District approval in July and is now working with the city on a revised grading plan and permit with reduced on-site parking. To meet the parking needs of the church, the applicant has an agreement with the Metropolitan Council for use of their parking lot, located at 1125 County Road C, as apark-and-ride for passengers of Council funded transit services. The agreement also includes the construction of a trail by Metro Transit linking the park- and-ride lot to the Church. RECOMMENDATION Review the conditional use permit for the Hmong American Alliance Church again in one year. All original conditional use permit conditions as outlined in the September 22, 2003 city council minutes apply. P: sec 9\Hmong American Alliance Church CUP 2004 Attachments: 1. Property Line/Zoning Map 2. Site Plan 3. City Council Minutes (September 22, 2003) Attachment 1 =rte ~ ~ _ 333.4 //''~~ //~~ 12 1. 1 , 40' 1'! 130 6 II 7 Q ~n N 1 :' OB' ' V I I O ii• \~ l cp // / / .p i IID ,°y p 's1 ~ e d,' I (23w 1 W /1~ I ~-.4Z 1i '`7I I iv S ® N N ~ i i bB !1i N BZ~ 1 / ~ I o m 3d~, i~ 2.45 ~d N11 200 I._.. _-~_ ------~1:, o/;~ ., ~,N' ~ 6 5 ~ F~E~In'1 ~ \ Q (.77ncYYYYYY) .7- Q °'C 'II~.W' O GIF ~ . ~ I ~ N ~ + Ig., zbs r-- n.s<,~ ~ 3~ $ ~ ~ IQ s 34s ~ _ ~' _ I' 7 l ~ 50' < ~ I I ' r 13 ---- -- • te.~ d o l ~ Ip o 5 -7--- 5 1 .Z p _ Q L-. ;~.9 I nc . ; .4 - ' - ' - ~ ~ i Imo:. o Asa 41.I A ' -• ~, 1 6 (~) (~O) ~~l":s'I NS ~ io B o 1 _ g~ ' ~ -~ S ~ Iv o i` ' \ - n . (4C) _ O~ ~ 1 P ~ ^0 7 132. $.12' `" ~?liif `' NO ~ '~ ~ ~ 163 2 ~ \ .' ~ N ~y I KDPF~.W- Da 1•LddGSS I~ (G! 998 ~, a-(~i~~ ~----Q~~ 132. v` Itopo ED -.iG k24 1NN a •~~ ~>,~~n t~ .TOE,. ~- _ _om I o ~ ~o "~, ~ ~az.) 1 ail) pO5 l.l.X-NI 1~ 1 4 °~' ">~'C " ~ Q ~. 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I6 ~ IS _ 7g ~ 1 ~ ` ,,,f a • Ey ~ a A 1 PROPERTY LINE /ZONING MAP 2 ~Q N ' Attachment 2 ~ ~~ - ~ 4 ~ I t ~~ ~t~``~ ca?e ~ ~ `^ 1 ti~ ^~:~; . ~~ ~`~ ~ ~^ ~ ~ ~~ -~ -U~ ~ ~~~ I ~ S • ~~ '~ c' ~ O_ ~~~' ' L1 ~ p '~ ~ ~ ,,~ } ~ ~b ~ ~ 0 3 I .r ~' w ~ v 5` ~7-~ts ~ ci ;ice ~~ ~ ~~; ~~r g ~ ~ ~ ~ ~ ~ ~ ^ €~€~ ~_ g ~ €~ ices ~i~ ~~€ ~~ / ~~ d I ~~ ' ~ ~~ ~~ ~ ~ ;s ~~ ~~ ~. ~~ ~~. __ ~e ~ ~: ale =_ ~ -~ ~a ~o cry Z FROMp~ERO~ September 12, 2003, Revised Site Plan 3 '~ i Attachment 3 Councilmember Koppen moved to adopt the following resolution ig ving approval of the continued participation I the refinancing oftax-exempt bonds for Group Health (Health Partners .This approval is subject to this request meeting the city's tax-exempt financing requirements: RESOLUTION NO. 186 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc., a Minnesota nonprofit corporation ("Group Health"), currently operates facilities located at 2165 White Bear Avenue in Maplewood (the "Local Facilities"). WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Minneapolis, Minnesota, jointly issue Health Care Facility Revenue Bonds in the approximate principal amount of $85,000,000 (the "Bonds") to finance or refinance various capital expenditures made by Group Health in approximately 9 cities located throughout the State of Minnesota, including the Local Facilities. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of the Bonds following a public hearing. WHEREAS, a public hearing on the issuance of the Bonds to finance or refinance capital costs incurred at the Local Facilities was held by the Maplewood City Council on September 22, 2003. WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the City of Maplewood, the Housing and Redevelopment Authority of the City of Saint Paul, the City of Minneapolis or any other political subdivision but will be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that the City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. Seconded by Councilmember Collins Ayes-All I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. Hmong American Alliance Church (2515 Maplewood Drive) City Counci109-22-03 4 a. Comprehensive Plan Amendment (M-1 to C (church)) (4 votes) b. Conditional Use Permit c. Design Approval a. Acting City Manager Coleman presented the staff report. b. Associate Planner Finwall presented specifics from the report. c. Kao Vang, representing the applicant was present for council questions Councilmember Wasiluk moved to adopt the land use plan change resolution chan ink the land use plan from light manufacturing (M-1) to Church (C) for the proposed Hmong American Alliance Church at 2515 Maplewood Drive: LAND USE PLAN CHANGE RESOLUTION 03-09-187 WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, made application to the City of Maplewood for a change to the city's land use plan from Light Manufacturing (M-1) to Church (C) for their church. WHEREAS, this change applies to the property located at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61-1, Lot 4. WHEREAS, the history of this change is as follows: 1. On August 4, 2003, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. 2. On September 22, 2003, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described land use plan change for the following reasons: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Preserve natural features where practical. 4. Minimize conflicts between land uses. City Counci109-22-03 5 Seconded by Councilmember Koppen Ayes-Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. This resolution approves the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. The city bases this permit on the findings~quired by the code and subject to the following conditions (staffs 9/15/03 additions are in bold and deletions are stricken a. All construction shall follow the plans date-stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. b. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. c. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. d. Met~e~~t~~~e-lat~f-Erpo~king-sl~~ge-de~~ep . ci~rg .The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. e. The city council shall review this permit in one year. CONDITIONAL USE PERMIT RESOLUTION 03-09-188 WHEREAS, J. Kou Vang, representing the Hmong American Alliance Church, is requesting that Maplewood approve a conditional use permit for a church. WHEREAS, this permit applies to the property at 2515 Maplewood Drive North. The legal description is: W.H. Howard's Garden Lots Subject to Widened State Highway 61-1, Lot 4. WHEREAS, the history of this conditional use permit is as follows: 1. On August 4, 2003, the planning commission recommended that the city council approve this permit. City Council 09-22-03 6 2. On September 22, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. City Counci109-22-03 Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped June 26, 2003, and September 12, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. 2. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 3. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. 4. The proposed church must obtain and maintain a shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 5. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain-Mayor Cardinal Councilmember Wasiluk moved to approve the plans date-stamped June 26, 2003, and September 12, 2003, for the Hmong American Alliance Church at 2515 Maplewood Drive North. Approval is subject to the applicant doing the following (Community Design Review Board 8/12/03 additions to conditions are underlined and staff 9/15/03 additions are in bold and deletions are stricken): a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a grading or building permit: 1) Final grading, drainage, utility and erosion control plans that include specifications for a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. These plans shall meet the requirements of the city code and the city engineer. 2) A building permit will be required for all retaining walls on the site that exceed 4 feet in height. 3) Revised site plan showing the removal of 15 parking stalls from the west side of the lot. ,.~ ~n roo+ ~„ ~~o ao~:,,o„+oa . ,o+i.,,,a 4) Dedicating a wetland protection buffer easement (average 25 feet from delineated City Counci109-22-03 8 wetland) along the Class 4 wetland. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a grading permit. 5) A survey completed by a registered land surveyor showing the existing conditions, wetland buffer easement, and location of the proposed parking lot. A registered land surveyor must also stake the location of the expanded parking lot and the wetland buffer easement on the property. 6) Revised building elevations showing additional design elements (such as the removal of smooth stripes and addition of windows. The revised building elevation to be approved by staff before the city issues a building_permit. 7) A revised landscape/screening plan showing the following: a) The replacement of Colorado blue spruce with a similar evergreen tree. b) The replacement of all amur maples with a similar shrub. c) A 6-foot-high, maintenance-free fence to be constructed on the north property line, from the front of the property approximately 180 feet to the west, where Deauville Drive begins in the manufactured home park. d) Revision of landscaping on the north side of the parking lot to take into account the fence, and to add an evergreen screen from the end of the fence to the wetland buffer line. The evergreen screen must create an 80 percent opaque screening from the parking lot to the residential properties to the north. e) Location of in-ground lawn irrigation system for all landscaped areas as required by city code. f) A 6-foot-high, maintenance-free fence to be constructed on the south property line, from the front property, extending to the usable rear yard of the residential property at 2497 Maplewood Drive to provide screening for these neighbors. Location and length of fence to be approved by staff and owner of 2497 Maplewood Drive prior to installation. g) Revision of landscaping on the west side of the lot to take into account the removal of 15 parking stalls. 8) A trash enclosure plan showing the location and the materials to be used. The trash enclosure must be compatible with the building and must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 9) A revised photometrics plan showing the style and height of exterior lights. The maximum luminary allowed at the property line is .4 foot candles and the maximum height of the parking lot lights is 25 feet as measured from ground City Council 09-22-03 grade to the top of the luminary. 10) Building renovation shall be approved by the city's Fire Marshal before the city issues a building_permit. 11) A shared parking agreement with Metro Transit for the church's use of the park and ride lot during evenings and weekends. The agreement must include the construction and maintenance of a trail by either Metro Transit or the church to be located on the west side of the frontage road. 12) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. c. The applicant shall complete the following before occupying the building: 1) Install a reflectorized stop sign at the exits and ahandicap-parking sign for each handicap accessible parking stall. 2) Construct a trash enclosure to meet code requirements, unless trash dumpsters are stored indoors. 3) Provide continuous concrete curb and gutter around the parking lot and driveways. 4) Install all required landscaping, fencing, and an in-ground lawn irrigation system by June 1 if the church is finished in the fall or winter, or within six weeks of completion if it is finished in the spring or summer. 5) Install all required exterior lights. 6) Install city approved wetland signs at the edge of the wetland buffer that specifies that no building, mowing, cutting, grading, filling or dumping be allowed within the easement. 7) Paint all rooftop mechanical equipment to match the building if visible from the street or adjacent residential properties. 8) Painting the entire building, including the new raised roof addition. 9) Construction of a trail located on the west side of the frontage road, extending from the church north to the park and ride lot. d. If any required work is not done, the city may allow temporary occupancy i£ 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. City Counci109-22-03 10 e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. f. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes-Councilmembers Collins, Juenemann, Wasiluk and Koppen Abstain-Mayor Cardinal K. NEW BUSINESS Fee for 2:00 A.M. Liquor License a. Acting City Manager Coleman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Councilmember Collins moved to approve the annual fee of $500.00 to those establishments staying open unti12:00 a.m. at a prorated rate for the remainder of the vear. Seconded by Councilmember Juenemann Ayes-All 2. Suburban Court Facility Resolution a. Acting City Manager Coleman presented the staff report. b. Chief Thomalla presented specifics from the report. Mayor Cardinal moved to adopt the following Suburban Court Facility Resolution: RESOLUTION 03-09-189 IN SUPPORT OF ANY AND ALL EFFORTS TO MAINTAIN A SUBURBAN COURT FACILITY WHEREAS, the City of Maplewood understands that the current budget cuts of the State are impacting Ramsey County District Court, AND WHEREAS, the City understands that an option currently being discussed by the courts and County is the closure of the Maplewood court facility, AND WHEREAS, the City believes the court services are an essential service of the County serving also the suburban communities, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MAPLEWOOD HEREBY WISHES TO SUPPORT ANY AND ALL EFFORTS TO MAINTAIN A SUBURBAN COURT FACILITY FOR THE FOLLOWING REASONS: 1. There is an increased cost to require the suburban citizens, peace officers, victims, witnesses and other personnel to appear in downtown St. Paul; 2. The suburban court serves a unique need of the municipalities; 3. The City believes that the provision of court services in the City Counci109-22-03 11 Agenda Item #G6 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: September 7, 2004 RE: Temporary Lawful Gambling Resolution Introduction The Minnesota Gambling Control Board has issued a temporary gambling permit for North Star Chapter of BCCA (Brewery Collectible Club of America). The event will be held at Aldrich Arena, 1850 White Bear Avenue. The event will be held on October 16, 2004 from 8:00 a.m. to 4:00 p.m. The BCCA is a non-profit organization and held the same event at the Arena last year. 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 the North Star Chapter of BCCA. 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 G-7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment East (TH 61 to Southlawn), City File 02-07 - Approve Right of Way Acquisition from: 1. Pineview Estates Homeowners Association 2. Larson Enterprises (Slumberland) DATE: September 7, 2004 Introduction On June 28, 2004, the city council awarded the construction contract for the realignment of County Road D on the east side of Trunk Highway 61 to Southlawn Drive. Staff has obtained rights-of entry on all but one property. Staff has finalized agreements for the acquisition of permanent easements from the Pineview Estates Townhome Association and Larson Enterprises (Slumberland). The city council will consider approving these two easement acquisitions. Background On December 9, 2002, the city council approved a resolution to proceed with a project to realign County Road D from Hazelwood Street to TH 61. That resolution was the culmination of many hours of discussion and debate with staff, agencies, other communities and property owners that occurred over many years. On May 12, 2003, the city council selected a final alignment for the new roadway and authorized preparation of a preliminary report on the improvement. Following a public hearing on September 8, 2003, the city council approved the realignment of County Road D between TH 61 and Southlawn Drive. The city council approved the first phase of construction with the award of bid on November 10, 2003, for soil correction and wetland creation. On June 28, 2004, the city council awarded the final contract for the roadway improvements for the roadway realignment project. In order to safely accommodate the expected increases in traffic volumes on the new County Road D, the roadway has been designed with center medians and protected left turn lanes. The design, however, requires County Road D to be widened 16 feet, or 8 feet on both the north and south sides of the road. The city must acquire additional right-of-way from the existing properties east of Hazelwood Street. Legacy Village and Emerald Townhomes dedicated the additional right-of-way as part of their plat approval process; however, right-of-way was still needed from Pineview Estates, Mapleridge apartments and Slumberland. Agreements have been reached between staff and: 1. Pineview Estates Townhome Association 2. Larson Enteprises (Slumberland) Acquisition of permanent easements from two other properties has not yet been finalized. Staff is continuing to work on final details of an exchange agreement between the City and Mr. Schreier. Staff is also continuing to negotiate with the owners of Mapleridge apartments, however to date no agreement has been reached. On July 12, 2004, the city council authorized the city attorney to use condemnation to acquire the necessary right-of-way from the Mapleridge apartments. All necessary actions have taken place and currently we are in a 90-day waiting period before the city will acquire the property. City Council Agenda Background Easement Acquisition Agreements September 7, 2004 Page Two Summary of Negotiations and Agreements Pineview Estates Townhome Association A 10-foot-wide, 7550 s.f. permanent easement @ $3.00/S.F. _ $22,650 and a 10-foot-wide, 7550 S.F. temporary easement @ $0.50/S.F.=$3,775 are proposed to be acquired from the Pineview Estates Townhome Association. The total amount proposed to be paid to the Pineview Estates Townhome Association for permanent and temporary easements is $26,425. 2. Larson Enteorises. (Slumberland The city council may recall that the use of condemnation was authorized on this property. As it turned out, staff was able to reach a mutual agreement without the threat of condemnation. As part of the negotiations, staff agreed to reduce the width of the permanent easement from 10 feet to 7 feet. Ramsey County taxable value for this property is over $7.00/S.F. The property owner demanded a minimum of $10.00/S.F. The owner also chose not to utilize the $1,500 allowance from the city to have a comparative appraisal done. By increasing the allowance for this easement by what would have been spent for appraisals and including the amount for temporary easement, the owner was satisfied with their compensation. The proposal is summarized as: a 7-foot-wide, 3,000 s.f. permanent easement @ $8.00/S.F. _ $24,000 and a 1,700 S.F. temporary easement @ $2.00/S.F.= $3400 and a $3,000 bonus for savings from not doing appraisals. The total amount proposed to be paid to Larson Enterprises (Slumberland) for permanent and temporary easements is $30,400. Budget Impact The $56,825 expense already exceeds the amount assumed within the project budget for these properties by nearly $20,000 and no agreement has yet been reached with Mapleridge Apartments which will certainly increase that deficit. Easement costs for this project have exceeded all estimates, as property in this project area has increased rapidly in value beyond all expectations this past year. The bids for this project were very favorable and resulted in a $1,000,000 savings. At this time, it appears that adequate funds still remain to keep this project fund on budget. Recommendation It is recommended that the city council approve the acquisitions of the above noted permanent and temporary easements for the County Road D Realignment Project between Trunk Highway 61 and Southlawn Drive and authorize staff to make payments to Pineview Estates Townhome Association in the amount of $26,425 and to Larson Enterprises (Slumberland) in the amount of $30,400. CMC Attachement: Location Map Location Map 1. Pineview Estates 2. Larson Enterprises, (Slumberland) 3. Mapleridge Apartments 4. Richard Schreier AGENDA ITEM G-8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment West (Walter Street to T.H. 61), City Project 02-08 -Resolution Order Assessment Hearing DATE: September 7, 2004 Introduction At the 6/28/04 city council meeting, the city council approved the final plans and advertising for bids for this project, as well as ordered the preparation of the assessment roll. The assessment roll has been prepared and the next step in the improvement process is to order the assessment hearing. The city council shall consider ordering the assessment hearing for this project. Background The amounts proposed to be assessed are not directly dependent on the actual amount of the bid, rather on predetermined assessment rates defined in the feasibility study. The largest share of costs to be recovered through assessments will be from the Troutland Development. A completed assessment roll is available in the office of the City Engineer and will be distributed as a supplemental handout prior to the assessment hearing. It is recommended that the assessment hearing be scheduled for 7:00 p.m. or later, Monday, October 11, 2004. Recommendation It is recommended that the city council approve the attached resolution for the County Road D Realignment (West), Walter Street to T.H. 61, City Project 02-08 -Ordering the Assessment Hearing for 7:00 p.m., Monday, October 11, 2004. CMC JW Attachments: Resolution Ordering Assessment Roll Hearing Location Map RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the County Road D Realignment, (West), Walter St. to T.H. 61, City Project 02-08, 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 11th day of October 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. 1. Troutland 2. Troutland / (Prokosch) 3. Troutland / (LaMettry/McDaniels) 4. Venburg 5. Guldens 6. McMahon AGENDA REPORT AGENDA ITEM G-9 TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Kennard Street Improvements (Beam to County Road D), Project 03-04 Resolution for Modification of Exist. Construction Contract, Change Order No. 4 Resolution for Modification of Exist. Landscape Contract, Change Order No. 1 DATE: September 7, 2004 Introduction A contract for the roadway construction of Kennard Street between Beam Avenue and County Road D was awarded on September 8, 2003. A second contract for landscape improvements was awarded on April 26, 2004. During construction there are often unforeseen changes or unanticipated changes in conditions from the original plans for which the engineer must direct the contractor to perform additional work or provide additional materials. The city council will consider approving the attached resolutions directing the modification of the existing construction contracts for the roadway construction, Change Order #4, and for the landscaping, Change Order #1. Background The roadway construction contract is with Forest Lake Contracting in the amount of $878,178.63. Change Order No. 4 is for $28,308.24. This change order includes a number of miscellaneous work items that were added at the request of the engineer and which were not part of the original contract. The landscape contract is with Nobel Nursery Retail, Inc. in the amount of $219,877.96. Change Order No. 1 is for $33,114.59. This change order includes additional work items and materials that were determined by the landscape architect to be necessary. See the attached memos from SEH (2 memos). General Chanaer Order Discussion Public works construction contracts are bid and paid for based on a unit price schedule. The unit bid items are specific work items that have been estimated by the engineer. In other words, a contractor is paid for the exact number of cubic yards of material excavated, the length of pipe installed and the tons of bituminous pavement placed, etc. Typically a change order is created when the engineer has requested that the contractor perform work that is not directly covered under the original contract. Often this is work for which there is not a particular bid item, or for which such a change will cause a particular item to greatly exceed the original estimate for that item. City Council Agenda Background Change Order 4 & Change Order 1 September 7, 2004 Page Two Common reasons for such a change order are: • To adapt to changed or unforeseen field conditions; i.e., the design of a particular section of street might be altered during construction to account for unanticipated poor soils in a particular area of the project. • A necessary item may not have been anticipated by the engineer during the design process that must be included in the contract. On occasions, a change order request might be initiated by the contractor for expenses they feel they have incurred because of a delay or a change in contract condition. Such claims are strongly reviewed and negotiated between the engineer and the contractor and only brought before the city council if the engineer determines that they are justifiable. In most cases these change order increases are budgeted into the project contingency. Budget Impact No increase in the project budget is required as these extras still fall within the original approved budget. Recommendation It is recommended that the city council approve the attached resolution for Change Order No. 4 in the amount of $28,308.24 with Forest Lake Contracting for the road construction contract of Kennard Street, Project 03-04 and Change Order No. 1 in the amount of $33,114.59 with Nobel Nursery Retail, Inc. for the landscaping contract of Kennard Street, Project 03-04. CMC Attachments: Resolution, (Street Contract -Change Order 4) Resolution (Landscape Contract -Change Order 1) Memo from Steve Heth, SEH, (Street Contract -Change Order 4) Change Order 4 -Street Contract Memo from Veronica Anderson, SEH, (Landscape Contract -Change Order 1) Change Order 1 -Landscape Contract Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-04, Kennard Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-04, Change Order No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 in the amount of $28,308.24. The revised contract amount is $1,273,689.04. No revisions to the project budget are proposed at this time as these changes fall within the original project budget. RESOLUTION DIRECTING MODIFICATION OF EXISTING LANDSCAPE CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-04, Kennard Street Landscape Improvements, and has let a landscape contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said landscape contract be modified and designated as Landscape Improvement, Project 03-04, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $33,114.59. The revised contract amount is $252,992.55. No revisions to the project budget are proposed at this time as these changes fall within the original project budget. AGENDA NO. G-10 AGENDA REPORT TO: City Manager FROM: Finance Director and R.E.A.L. Director RE: INCREASE IN RECORDS, ELECTIONS AND LICENSE DEPARTMENT SERVICE CHARGES DATE: September 3, 2004 INTRODUCTION It is proposed that the Records, Elections and License (R.E.A.L.) Department service charges be increased by 1.3% for 2005. BACKG ROU N D It has been past practice to raise service charges annually to key up with inflation. In 1993 a User Fee Study was completed for the R.E.A.L. Department the to insure that service charges finance an appropriate portion of the service costs. The User Fee Study report contained recommendations on 46 individual license/permit fees and service charges for the R.E.A.L. Department. For each item, it had information on the unit volume, current fee, costs to provide the service, recommended fee, phase-in schedule covering three years for the recommended fee, estimated increased revenue from the recommended fee and subsidy amount after the recommended fee is phased in. On 12-13-93 the Council approved the recommended fees in the User Fee Study for 1994. There have been annual increases in the service charges since then. It would be appropriate to increase the R.E.A.L. Department service charges by 1.3% to keep up with inflation. The recommended 2005 service charge rates are being presented to the City Council two months earlier than last year so that staff has more time to prepare the forms for the annual renewal of licenses. RECOMMENDATION It is recommended that the Council approve revisions in City Clerk services charges listed in Exhibit A for 2005. Exhibit A Page 1 of 3 RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual Volume 2003 Fee 2004 Fee 2005 Fee Adult Use &Sexually-Oriented Business $500 $508 $515 Alarm Installation Permit 20 48 49 50 Alarm System License 165 48 49 50 Amusement Park License 1 336 341 345 Auctioneer License 1 93 94 95 Bench Permit 1st Bench Additional Benches 1 18 60 36 61 37 62 37 Block Party License 1 0 0 0 Carnival License 3 330 335 339 Cat License -fee for two years ' 100 18 18 19 Catering Food Vehicle License 1st Vehicle Each Additional Vehicle Fleet 2 1 1 112 76 300 114 77 305 115 78 309 Christmas Tree Sales License 8 199 202 205 Cigarette and Tobacco License 65 85 86 87 Coin Op. Amusement Device Base Fee Per Device 38 447 197 49 200 50 203 51 Contractors License 600 112 114 115 Currency Exchange License 1 308 313 317 Dog Kennels -New License 1 73 74 75 Dog Kennels -Renewal License 2 38 39 40 Dog License -Fee for two years ' 700 18 18 10 Food Establishment License 126 581 590 598 Golf Course License 4 284 289 293 Home Occupations - Renewal 5 54 55 56 ~ Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. zMaximum under state law is $500 effective with 2004 fee. 2 3Set by ordinance adopted 9-10-90. Exhibit A Page 2 of 3 RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual 2003 2004 2005 Volume Fee Fee Fee Itinerant Food Establishment License 12 66 67 68 Liquor License -Investigation Fee: Investigations in state 2 888 500 500 Investigations out of state 888 902 914 Liquor License -Temporary On-Sale -Per Day 176 179 181 Motels: 1 - 15 Units 1 107 109 110 16 - 35 Units 2 146 148 150 36 - 100 Units 1 268 272 276 Over 100 Units 2 308 313 317 Motor Vehicle Repair License 49 139 141 143 Nonperishable Food Vehicle License 1st Vehicle 2 66 67 68 Each Additional Vehicle 1 39 40 41 Fleet 1 153 155 157 Pawn Shop 1 9,000 9,140 9,260 Pending Assessment Search 170 41 42 43 Personal Service Business Premise License -New 1 625 635 643 Personal Service Business Premise License -Renewal 3 222 226 229 Personal Service Worker - Investigation Fee 1 116 118 120 Personal Service Worker -License 13 192 195 198 Potentially Haz. Food Vehicle Licensing 1st Vehicle 3 157 160 162 Each Additional Vehicle 1 76 77 78 Fleet 1 449 456 462 Second Hand Dealer License 4 316 321 325 ~ Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. zMaximum under state law is $500 effective with 2004 fee. 3 3Set by ordinance adopted 9-10-90. Exhibit A Page 3 of 3 RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual 2003 2004 2005 Volume Fee Fee Fee Service Station License 1st Pump 17 158 161 163 Each Additional Pump 101 14 14 14 Sewer Connection Permit 145 82 83 84 Solicitor License Base Charge 2 149 151 153 Each Solicitor 2 51 52 53 Special Food Handling Establishment 35 89 90 91 Swimming Pool License -Commercial Indoor 10 102 104 105 Outdoor 22 102 104 105 Combined 2 139 141 143 Tavern License 1 50 51 52 Taxicab License 70 71 72 Base Charge 1 52 53 54 Each Driver 1 24 24 24 Temporary Food and Beer License 31 46 47 48 Temporary Gambling Permit -Per Days 50 50 51 Theater License -Indoor 14 201 204 207 Theater License -Outdoor 0 492 500 507 Trailer Rental License 1st Five Trailers 3 39 40 41 Each Additional License 13 13 13 Used Car Dealer License 11 287 292 296 P:\FINANCE\EXCE\MISC\FEES REAL 9/3/2004 ~ Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. zMaximum under state law is $500 effective with 2004 fee. 4 3Set by ordinance adopted 9-10-90. AGENDA NO. G-11 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Annual Maplewood Historical Society Payment DATE: September 7, 2004 On September 11, 2001 the City Council approved a motion to include a $2,000 payment to the Maplewood Historical Society in the city's budget each year. This annual payment has been incorporated in the 2004 Budget. Council authorization is needed annually to make the $2,000 payment. P\perm\mhspayment Agenda #H1 SUMMARY MEMORANDUM T0: City Manager FROM: Ken Roberts, Planner SUBJECT: Cottages at Legacy Village LOCATION: Hazelwood Street, south of County Road D DATE: August 26, 2004 INTRODUCTION Project Description Larry Alm, representing Southwind Builders, is proposing to build 33 for-sale townhomes on a 4.6- acre site on the east side of Hazelwood Street, south of County Road D. The project is between Hazelwood Street and the recently approved Heritage Square part of the Legacy Village PUD. Refer to the applicant's statement and the maps in the staff memo. The applicant is requesting that the city council approve the following: 1. A comprehensive plan amendment. The current land use designation is BC (business commercial) and the city requires a residential land use designation for town houses. The applicant, therefore, is requesting a land use plan change from BC (business commercial) to R3H (high density residential). 2. A PUD (planned unit development) for the town house development. The existing zoning of the site is R-1 (single dwelling residential). The city may allow the town house development by approving a PUD for the proposed development. 3. A preliminary plat for the lot line configuration. 4. The site, building and landscape plans. DISCUSSION To proceed with this proposal, Mr. Alm has requested that the city approve a land use plan change, a PUD, preliminary plat and the project design plans. Staff has been working closely with the applicant (Mr. Alm) on the land acquisitions and the design of the streets (Hazelwood and Legacy Parkway). His project engineer has been working with the city's engineers on the project design details and plans. It is staff's opinion that this proposal should be a good fit in this area with the existing and approved developments, including Legacy Village. RECOMMENDATIONS Staff is recommending approval of the proposed requests, subject to several conditions. (Please see the project review memo for more details and the recommended conditions.) MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Cottages at Legacy Village LOCATION: Hazelwood Street, south of County Road D DATE: August 26, 2004 INTRODUCTION Project Description Larry Alm, representing Southwind Builders, is proposing to build 33 for-sale townhomes on a 4.6- acre site on the east side of Hazelwood Street, south of County Road D. The project is between Hazelwood Street and the recently approved Heritage Square part of the Legacy Village PUD. Refer to the applicant's statement and the maps on pages 19 through 30. The applicant is requesting that the city council approve the following: 1. A comprehensive plan amendment. The current land use designation is BC (business commercial) and the city requires a residential land use designation for town houses. The applicant, therefore, is requesting a land use plan change from BC (business commeraal) to R3H (high density residential). 2. A PUD (planned unit development) for the town house development. The existing zoning of the site is R-1 (single dwelling residential). The aty may allow the town house development by approving a PUD for the proposed development. 3. A preliminary plat for the lot line configuration. 4. The site, building and landscape plans. (See the plans on pages 26 - 33). BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD, including a comprehensive plan amendment, the tax-abatement plan and the preliminary plat. This plan included the site for the Heritage Square townhomes, which are now under construction just east of this proposed development site. December 8, 2003: The city counal approved the PUD, preliminary plat and design plans for Heritage Square. DISCUSSION Land Use Plan Change To build the proposed town houses, Mr. Alm wants the city to change the land use plan for the site. This change would be from BC (business commercial) to R-3(H) (residential high density). (See the existing land use map on page 24.) The city intends R-3(H) areas for a variety of housing including double dwellings, town houses or apartments of up to 16.3 units per gross acre. For BC (business commercial) areas, the city plans for offices, clinics, restaurants, day care centers and retail businesses. Land use plan changes do not require specific findings for approval. Any change, however, should be consistent with the city's land use goals and policies. There are several goals in the Comprehensive Plan that apply to this request. Specifically, the land use plan has eleven general land use goals. Of these, three apply to this proposal inGuding: Provide for orderly development. Minimize conflicts between land uses. Provide a wide variety of housing types. The land use plan also has several general development and residential development policies that relate to this project. They include: • Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. • The city coordinates land use changes with the character of each neighbofiood. • InGude a variety of housing types far all residents ...including apartments, town houses, manufactured homes, single-family housing, public-assisted housing, low- and moderate- income housing, and rental and owner-occupied housing. • Protect neighbofioods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. The housing plan also has policies about housing diversity and quality that the city should consider with this development. They are: Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life-cycle needs of all income levels, those with special needs and nontraditional households. The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. Townhomes would certainly be compatible with the surrounding townhomes that the city recently approved and are now under construction east of this site in Legacy Village. The site is on a collector street (HazeMrood) and is between two arterial streets (Beam Avenue and County Road D) and, of course, is near shopping and other services. In addition, the character of this neighbofiood has changed with the addition of Cardinal Pointe and Legacy Village to the area. Finally, this property would not be a great site for a commercial or retail business as it is hidden from the main commercial areas along White Bear and Beam Avenues. As proposed, the 33 units on the 4.6-acre site means there would be 7.2 units per gross acre. This project density is less than the maximum density standard (10.1 units per acre) in the comprehensive plan for town houses. For comparison, the Heritage Square town houses to the east of this site will have 220 units on 19.8 acres (an average of 11.1 units per acre). In addition, 2 the Cardinal Pointe Co-op across Hazelwood from the site is a 108-unit, three-story building with underground parking on a 6.75-acre site (an average of 16 units per gross acre). The city's long-term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle to meet housing needs. PLANNED UNIT DEVELOPMENT (PUD) Section 44-1093(b) of the city code says that it is the intent of the PUD code "to provide a means to allow flexibility by substantial deviations from the provisions of this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: 1. Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 2. The PUD would be consistent with the purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. 5. The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons." The applicant has applied for a conditional use permit (CUP) for a planned unit development (PUD) for the 33-unit housing development. They are requesting the CUP for the PUD because the existing R-1 (single-family residential) zoning requires the lots to be 75 feet wide, 10,000 square feet in area and to have frontage on public streets. As proposed, the individual town houses would be on lots 29 to 35 feet wide, would be about 1,919 to 2,299 square feet and would have access from private driveways. With a small lot around each dwelling unit, a homeowners' association would own and maintain the rest of the land, including the private driveways and the common areas. In addition, having a PUD gives the aty and developer a chance to be more flexible with site design and development details than the standard aty requirements would normally allow. It is the contention of the applicant that the proposed code deviations meet the findings in the city code for approval of a PUD. City staff agrees with the applicant that the development as now proposed (shown on pages 26 - 30), with the proposed code deviations, would produce a development of equal or superior quality, that the proposals do not constitute a threat to the area and that the deviations are required for reasonable and practicable development of the site. Having private driveways with reduced townhouse setbacks will lessen the amount of impervious surface on the property. If the applicant followed all the city subdivision and zoning standards and built public streets, such a plan would require more grading and longer driveways because of the right-of-way requirements and the larger setbacks. In addition, it is important to note that the proposed code deviations do not 3 increase the number of lots or the density of the housing in the development over the density in other town house projects. For this proposal, the developer intends to sell each of the townhomes and expects that each unit will sell for at least $200,000. A homeowners' association would own and maintain the driveways, sidewalks, landscaping, the common areas and any retaining walls. For all the reasons as I stated above, there should be no problem with having a PUD to allow the new townhome complex in this location. The townhouses would replace the five single-family homes that were on the site. Visitor Parkin A major issue recently with the review of the townhome developments is that of parking. That is, will there be enough resident and visitor parking within the proposed development? The applicant noted in his statement (on pages 19 - 22) that the typical buyers of these homes do not need more than one extra parking space outside of the two that are in the attached garage. In this review, staff applied the same visitor-parking ratio that the city applied during the review of Legacy Village. This requirement is that the applicant provide one visitor parking space for each iwo units, or one-half space for each unit. Thus for the 33 proposed units, there should be at least 17 visitor parking spaces. The project plans show 40 exterior parking spaces in and near this development, including 11 spaces along the east side of Hazelwood Street, 8 spaces abng the north side of Legacy Parkway and 21 spaces along the private driveways within the development. Preliminary Plat The applicant is requesting approval of the subdivision to sell the individual townhome lots. This is typical of such developments and staff does not find any unusual concerns with doing so beyond the usual city requirements for platting. In this case, such requirements include the signing of a developer's agreement, the approval of final grading/drainage/erosion-controUutility plans, the dedication of required street right-of-way and the dedication of any drainage and utility easements that the city engineer may require. It is important to note that the city's contractor recently started constructing Legacy Parkway (with trails) from Kennard Street to Hazelwood, including the segment in the northern part of this site. In addition, the city is planning to reconstruct Hazelwood Street from Beam Avenue to County Road D in 2005. This constriction will include the parking bays and sidewalk as shown on the project plans. Chris Cavett and Erin Laberee, of the dty's engineering department, reviewed this proposal and had several comments. Refer to the memo on pages 35 - 36. Staff recommends that the dty council require that the applicant meet all the conditions and statements in this memo as conditions of plat approval. 4 Land Purchases and Sales As part of a coordinated re-development effort, the City has been working with this developer to purchase the five existing residential properties that made up the project area. The city has been working with the developer and two of the previous property owners to help facilitate the construction of Legacy Parkway, for the reconstruction of Hazelwood Street in the area and in the preparation of this development site. Specifically, the developer bought the three southern properties (3004, 3016 and 3050 Hazelwood) and the city bought the northern two properties (3056 and 3062 Hazelwood). The city paid a total of $650,000 for the two properties it purchased. The city's approved tax abatement plan for the area will pay for the assessments, home demolition, site grading and the purchase of the two homes. In addition to the above, this coordinated effort has included the following: • The City has purchased the two northernmost existing residential properties in the project area. The City will use about 0.13 acres of the area purchased as right-of-way for Legacy Parkway and the city will sell the remainder of this area (approximately 1.00 acres) to the developer at a purchase price of $150,000. City staff is recommending that the city make this purchase by Southwind Builders a condition of the approval of the development. • Southwind Builders has purchased the three southernmost existing residential properties in the project area. The City will buy about 0.22 acres of land in this area from the developer for Legacy Parkway right-of-way. The City has agreed to buy this right-of-way far $50,000. • As part of a redevelopment agreement, the City has already demolished three of the existing homes in the project area at City cost. The City also has contracted for the removal of the remaining two homes. City staff expects that the city crews will remove the remaining homes by the end of August. • As part of a redevelopment agreement, the City has agreed to provide assistance for the site preparation and grading of the project area at a total value of $50,000. City staff anticipates that the aty contractor will complete some of the site preparation and grading as part of a City construction contract. The specifics of this work still need to be coordinated with the developer. • The developer has agreed to consider revisions to their site grading plan to allow for the disposal of up to 30,000 cubic yards of excess soils resulting from other City construction projects in the area. As a condition of the approval of the development, the developer must agree to work with the City to address this issue. Public Utilities Sanitary sewer and water are in Hazelwood Street and will the contractor will be installing them as part of the construction of Legacy Parkway. These systems will be available to serve the proposed development. As designed, the storm water from this development would go into the new, regional ponding area north of the site. The city designed and built the storm water pond north of the site to accommodate drainage from a large area east of Hazelwood Street. 5 Drainage Concerns As proposed, the utility plan shows most of the storm water from the site, including the private driveways, discharging into the new ponding area to the north of the site. The city should require that the grading/drainage plan would not increase the storm-water flow onto any neighbor's land. (Please also see the comments from Erin Laberee starting on page 35.) Tree RemovaUReplacement Maplewood's tree ordinance requires there be at least ten trees per gross acre on the site after grading or the developer would have to plant trees to replace those that the contractor would remove. For this 4.6-acre site, the applicant's plans show the entire site being graded and the removal of all the existing trees. The applicant's engineer told me that this amount of grading would be necessary for drainage purposes and to make this site fit the grades of Hazelwood Street, Legacy Parkway and the development to the east. As proposed on the preliminary landscaping plan (page 28), the developer would plant 110 trees on the site. These include ash, honeylocust, maples and spruce. As I noted above, the code requires there be at least 10 trees per acre on the site. For this 4.6-acre site, the code requires there be at least 46 trees on the property after the construction is complete. As such, the proposed landscaping plan would meet the requirements of the tree replacement code of the city. Design Review Site and Landscaping Considerations As stated above, there must be adequate visitor parking provided. The recommended conditions of approval should satisfy this need. The landscape plan shows the developer planting 110 trees, 51 ornamental trees and at least 125 shrubs in the development. While this plan is a good start, the developer needs to have several details in it revised to meet aty code standards and current practices. Such changes should inGude increasing the tree size to 2 %2 inches (from 2 inches) and changing the Colorado Spruce to Black Hills Spruce or Austrian Pines (or a mix of these). In addition, the developer should coordinate the landscaping materials and designs along Legacy Parkway and Hazelwood Street to make sure that they are compatible with the approved landscape designs for Heritage Square and Kennard Street. Architectural The three building designs (on pages 31 - 33) are attractive and the proposed color scheme would provide an appealing color variation. Lighting Plan The landscape submitted by the applicant shows 20-foot-tall light poles at the intersections of the driveways and at the east end of the driveways (near buildings 5 and 15). The city code now requires the applicant to submit to the city a detail photometric plan for the site, inGuding pole and fixture details and a plan showing the light spread and light intensity. City staff will need to approve such a plan before the city may issue a building permit for the project. 6 RamseyNVashington Metro Watershed District The applicant must obtain all necessary permits from the watershed district before starting construction. Building Official's Comments All applicable codes must be met. Police Department Comments Lieutenant David Kvam did not note any negative impact to public safety with the proposal. He did note, however, that since most of the driveways in the proposal are to be privately owned and managed that most of state statutes and many city ordinances governing traffic control or parking might not apply. He continued by stating that this could lead to issues later on. COMMISSION ACTIONS On August 16, 2004, the planning commission recommended approval of the land use plan change, PUD and the preliminary plat, subject to several conditions. On August 24, 2004, the CDRB recommended approval of the project design plans, subject to several conditions. 7 RECOMMENDATIONS A. Adopt the resolution on page 37. This resolution approves a change to the comprehensive land use plan from BC (business commercial) to R3H (high density residential) fora 4.6- acre site for the Cottages at Legacy Village on Hazelwood Street. The city is approving this change because: 1. It would be consistent with the goals and objectives of the comprehensive plan. 2. This change would eliminate an area that the city had once planned for commercial uses that is between two residential areas. 3. This change would allow for town house that would be more compatible and in character with the adjacent townhome development. 4. This site is proper for and consistent with the city's policies far high-density residential use. This includes: a. It is on a collector street and is near arterial streets. b. Minimizing any adverse effects on surrounding properties because there would be no traffic from this development on existing residential streets. 5. It would be consistent with the proposed land use. B. Adopt the resolution on pages 38 - 40. This resolution approves the 33-unit Cottages at Legacy Village PUD (planned unit development) on Hazelwood Street. The city bases this approval on the findings required by code. (Refer to the resolution for the specific findings.) This approval is subject to the following conditions: 1. The development shall follow the plans date-stamped July 22, 2004, except where the city requires changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall meet all the requirements noted in Erin Laberee's memo dated August 6, 2004. 5. The applicant shall sign a development agreement with the city before the city issues a grading permit. 6. The applicant shall provide a copy of the homeowner's association documents to staff for approval. 8 7. The developer or contractor shall construct the project according to the plans date- stamped July 22, 2004, except as specifically modified by these conditions. 8. The developer shall add sidewalks and sidewalk connections in locations that city staff decides are necessary. 9. The developer or builder will provide parking spaces at the ends of the driveways wherever they may fit. 10. The developer or builder shall install asix-foot-wide concrete sidewalk on the east side of Hazelwood Street for the entire length of the project. 11. The grades of the power line trail and all public sidewalks and trails shall meet ADA guidelines for slope. 12. Provide a revised landscape plan for city staff approval. This revised plan shall inGude: a. Increasing the tree size to 2 %s inches (from 2 inches). b. Changing the Colorado Spruce to Black Hills Spruce or Austrian Pines (or a mix of these iwo species). c. The developer should coordinate the landscaping materials and designs along Legacy Parkway and Hazelwood Street to make sure that they are compatible with the approved landscape designs for Heritage Square and Kennard Street. d. Overstory trees to be planted along both sides of Legacy Parkway and along Hazelwood Street shall be set at an average of 30- to 40-feet on center. 13. All setbacks are approved as shown on the plans date-stamped July 22, 2004. 14. Side yard building setbacks for all buildings that are less than required by the zoning code are specifically approved within this PUD as shown on the site plan date- stamped July 22, 2004. 15. The applicant or developer shall provide visitor-parking spaces at the minimum quantity of one-half space per townhome unit. This works out to a minimum of 17 required visitor parking. 16. An easement aver the power line trail on this parcel will be provided to the city for access and maintenance. 17. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 9 C. Approve the preliminary plat for the Cottages of Legacy Village (date-stamped July 22, 2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in the development -primarily at the street and driveway intersections. The exact style and location shall be subject to the city engineePs approval. d. Provide all required and necessary easements (including all utility easements and ten- foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). e. Pay the city for the cost of trafficrcontrol, street identification, and no parking signs. f. Provide all required and necessary easements, including any off-site easements. g. Demolish or remove all buildings, fencing, scrap metal, debris and junk from the site. h. Cap and seal all wells on site; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. 2.* Have the city engineer approve final construction and engineering plans. These plans shall inGude grading, utility, drainage, erosion control, tree, trail, driveway, sidewalk and street plans. The plans shall meet all the conditions, requirements and changes listed in the memo from Erin LaBeree dated August 6, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detailed to the satisfaction of the city engineer. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades as allowed by the city engineer. 10 (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1.On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b. Shows no tree removal beyond the approved grading and tree limits. c. Changes the proposed Colorado Blue Spruce trees on the planting plans with other species that are more native and compatible to the Gimate and conditions in Maplewood. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). c. The street and utility plans shall show: (1) The street or private driveways with a width of 28 feet (with parking on one side), shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The streets and driveways with continuous concrete curb and gutter, except where the city engineer determines that concrete curbing is not necessary. (3) The repair of Hazelwood Street and Legacy Parkway (curb, street and boulevard) after the developer connects to the public utilities and builds the new streets and driveways. (4) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) A detail of any ponds, the pond outlets and rainwater gardens. The contractor shall protect the outlets to prevent erosion. 11 (8) Label Hazelwood Street and Legacy Parkway on all construction and project plans. 3. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and ponding areas, install all retaining walls, install the landscaping and replacement trees, install all other necessary improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Hazelwood Street and Legacy Parkway (street, curb and boulevard} after the developer connects to the public utilities and builds the new driveways. d. Meet all the requirements of the city engineer. 4. Record the following with the final plat: a. Any homeowners' association documents. b. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 5. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 6. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 7. The applicant shall dedicate any easements and provide any written agreements that the city engineer may require as part of this plat. 8. The applicant shall pay the city escrow for any documents, easements and agreements that the city engineer may require that may not be ready by the time of plat signing. 9. The applicant shall pay the city $150,000 for the property now owned by the city. 12 D. Approve the project plans date-stamped July 22, 2004, for the Cottages at Legacy Village on Hazelwood Street. This approval is subject to the developer or contractor meeting all the following conditions: 1. Obtaining city council approval of a comprehensive land use plan revision from BC {business commercial) to R3H {high density residential) to build townhomes on the site. 2. Obtaining dty coundl approval of a planned unit development for this project. 3. Obtaining city coundl approval of the preliminary plat for this project. 4. Complete the following before the city issues a building permit: a. Have the dty engineer approve the final construction and engineering plans. These plans shall indude grading, drainage, sidewalk, utility, driveway, parking lot and erosion control plans. These plans shall meet the following conditions: (1) The erosion control plan shall be consistent with the city code. (2) The grading plan shall: (a) Indude building, floor elevation, water elevation and contour information. These shall indude the normal water elevation and 100- yearhigh water elevation. (b) Indude contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed board or by the city engineer. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The dty engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall indude covering these slopes with wood-fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show as little disturbance and tree removal as possible on the north, east and south sides of the site. (3) The tree plan shall: (a) Be approved by the city engineer before site grading or tree removal. 13 (b) Show where the developer will remove, save or replace large trees. This plan shall inGude an inventory of all existing large trees on the site. (c) Show no tree removal beyond the approved grading and tree limits. (d) Be consistent with the approved grading and landscape plans. (4) The developer shall be responsible for getting any needed off-site grading or drainage easements and for recording all necessary easements. (5) All the parking areas and driveways shall have continuous concrete curb and gutter. (6) The driveways shall meet the following standards: 24foot width--no parking on either side and 28-foot width-parking on one side The developer or contractor shall post the driveways with no parking signs to meet the above-listed standards. (7) The developer shall disturb as little as possible of the area along the north, east and south property lines and the applicant shall change the grading plan for this part of the site as recommended by the city engineer. b. Submit an in-ground lawn-irrigation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Submit a revised landscape plan for city approval showing: (1) Rs much of the existing vegetation (including the trees) remaining along the northern, easterly and southerly property lines as possible. (2) Foundation plantings near and around the buildings. (3) The in-ground lawn-irrigation system. (4) Larger tree sizes (2 %i inch-caliper instead of 2 inch). (5) Replacing the Colorado Blue Spruce with Black Hills Spruce and Austrian Pines. (6) Appropriate sized trees planted between the townhomes to ensure no overcrowding when they are full grown. E. Submit a revised site lighting plan for city approval. This plan shall show how the lighting on the buildings would add to the site lighting, and the plan should have additional lighting near the driveways, where they intersect the public street, so 14 the driveways are adequately lit. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent residential properties. F. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. G. A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. Staff shall determine the dollar amount of the escrow. H. The developer shall Gose on the purchase of the properties with the city before the city will issue a grading or a building permit for the project. I. The contractor or builder shall meet all of the requirements of the fire marshal and building official. J. The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. K. The applicant shall submit an address and traffic signage plan for staff approval. L. Submit revised building elevations for city staff approval. These elevations shall show the stone on the front of the attached garages to be installed as a wainscot to the height of the trim board located on the sides of the units. M. Submit homeowner's association documents for city staff approval. These shall specify the availability of overnight parking for the residents and guests on the private roads and driveways. 5. Complete the following before occupying the buildings: a. Install reflectorized stop signs at each driveway connection to Hazelwood Street and Legacy Parkway, ahandicap-parking sign for each handicap- parking space and an address on each building. In addition, the applicant shall install "no parking and any traffic control signs within the site, as required by staff. b. Install and taper the concrete sidewalk along Hazelwood Street and Legacy Parkway to match the driveways. c. Install and maintain all required landscaping and an in-ground sprinkler system for all landscaped areas (code requirement). d. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. e. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting 15 plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to property shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. f. Install the trails and sidewalks as shown on the approved plans and as required by the city engineer. g. The developer or contractor shall: Place temporary orange safety fencing and signs at the grading limits. 2. Remove any debris or junk from the site. 6. Repeat this review in two years if the city has not issued a building permit for this project by that time. 7. Any identification signs for the project must meet the requirements of the city sign ordinance. 8. The city approves the setbacks as shown on the project plans. 9. All work shall follow the approved plans. The director of community development may approve minor changes. 10. The city will allow a temporary sales office until the time a model unit is available for use. Such a temporary building shall be subject to the requirements of the building official. 11. No units facing Hazelwood Street shall have utility rooms or exposed utility meters on that elevation. 12. The applicant shall work with staff to propose suitable screening for outside utility meters. This may include painting the meters and other utilities along the side of the garages plus adding landscaping in front of the meters as may be needed. 13. If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 16 CITIZENS' COMMENTS I surveyed the owners of the 10 properties within 500 feet of this site and received no replies. REFERENCE SITE DESCRIPTION Site Size: 4.6 acres Existing Use: Vacant (formerly had five single-dwellings) SURROUNDING LAND USES North: County Road D and ponding area South: Saint John's Hospital East: Heritage Square Town houses under construction in Legacy Village West: Hazelwood Street PLANNING Land Use Plan Designation: Existing - BC; Proposed - R3H Zoning: Existing - R-1; Proposed -PUD Findings for PUD Approval City code requires that, to approve a planned unit development, the city council must base approval on the specific findings. Refer to the findings for approval in the resolution on pages 38 - 40. APPLICATION DATE We received the complete applications and plans for these requests on July 22, 2004. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by September 20, 2004 unless the applicants agree to a time extension. 17 p:sec 3\Cottages at Legacy (Swinds) -2004 Attachments: 1. Applicant's Statement 2. Location Map 3. Land Use Plan Map 4. Property Line/Zoning Map 5. Site Plan 6. Proposed Preliminary Plat 7. Proposed Landscaping Plan 8. Proposed Grading Plan 9. Proposed Utility Plan 10. Building Plans and Elevations 11. Building Plans and Elevations 12. Building Plans and Elevations 13. Sample Site Photograph 14. Memo from Erin Laberee dated August 6, 2004 15. Land Use Plan Change Resolution 16. Planned Unit Development Resolution 17. Plans date-stamped July 22, 2004 (separate attachment) 18. Preliminary date-stamped July 22, 2004 (separate attachment) 19. Colored Plan Booklet date-stamped July 22, 2004 (separate attachment) 18 ~~ ~d~i~I'`~rihi~ ~kG~l~(i~t S, ~./ h P/. Thursday, July 22, 2004 Attachment 1 J U L 2 2 X004 Ken Roberts -City Planner Maplewood Community Development -------------- 1830 East Co Rd B Maplewood MN 55109 Re: Cottages at Legacy Village Dear Ken, As I am sure you know typical suburban residential developments are most often characterized by single use subdivisions of single-family homes. Social space is oriented towards the back yards of residences, and garages punctuate the streetscape. Also, most developments lack any open space areas where neighbors can interact or children can play, and the streets are designed to move auto traffic at unsafe speeds, with little attention paid to the needs of bicycles and pedestrians so simple trips to the grocery store or local destinations must lqe made by car because streets are the only connection to these other areas. However, Southwinds idea/goal in our newest neighborhood is to provide a diversity of housing types, shade providing trees and a common green space placed within walking distance of all residents. Pedestrian pathways are incorporated into the site to promote walking and biking to local destinations. You will notice our plan shows the use of alley- served homes to hide unattractive garage door fronts and require traffic to proceed at slower speeds to keep our neighborhood safe. Parking is provided on these alleyways on one side only and prohibited overnight, similar to city parking ordinances. Also, short concrete driveways are used to increase green space and to insure that motor vehicles are garaged instead of left outside the homes. We have found the use of short drives holds down the initial cost of the homes by several thousand dollars and helps keep the association maintenance dramatically lower. (This is important as these will be private streets and the association will need to budget their upkeep into the monthly association dues payment.) Another goal in this prototype development will be to provide a detached single-family option for entry-level homebuyers, single professional individuals, empty nesters and others seeking the simplified maintenance and other benefits of a small-lot home in the $200,000.00 price range. Furthermore our typical buyer fits nicely in our 2-car garage design. Our research shows that they typically have one car and do not require large APPLICANT'S STATEMENT 5960 Highway 61 North, White Bear Township, MN 55110 ~ Phone: 651-773-8780 ~ Fax: 651-773-8265 ~ southwindbuilders.com 19 amounts of storage for boats or snowmobiles etc. Also, they do not entertain in the traditional sense and do not require more than one extra parking space outside of the 2 provided with the home. Another benefit to our design is on the Liberty and Victorian units another bedroom or studio fits neatly over a typical two-car garage. This can serve as a home office or simply another living area that can be used as the homeowner sees fit. This 33 unit development will be professionally managed and maintained to insure the individual property owners values remain high as possible and the community remains an asset to Maplewood. Grass cutting, landscape maintenance, snow plowing and removal, site irrigation, trash removal and an adequate reserve fund allotment will be covered by the $135.00 per month association fee. Finally, we believe that this 3 plus acre site in Maplewood would be greatly enhanced by the construction of these residential detached town homes. This will make this parcel most compatible with the surrounding neighborhoods, and provide another unique use of housing in your community. These homes will provide an alternative to the large multi family buildings to the east. The streetscape along Hazelwood Street will have the diversity of homes with front porches and attractive colors which will be pleasing to the eye. I have included for your review some pictures detailing our concept for home design and streetscape. I have also included a short narrative regarding the home features themselves. HOME NARRATIVE Southwind Builders will incorporate 3 different styles of homes in our Cottages at Legacy Village Neighborhood. All of these homes feature eat in kitchens, private courtyard off of the dining room, main floor laundry and '/2 bath, 480 sq. ft. 2 car attached garages, comfortable living rooms looking out over green spaces. Two bedrooms with walk-in closets and a full bath occupy the upper levels. The traditional 1380 sq. ft. 2 stories will feature either a wrap around Country Style porch or a modest covered front entryway. (Victorian or Liberty respectively.) A 3`a bedroom or bonus room is also available over the garage and will add an additiona1407sq. ft. The 1800 sq. ft. story and %2 (The Bungalow) shows a full front porch, an accent dormer and under the eve storage that expansion bungalows are famous for. On the exterior all homes will feature maintenance free trim around the windows and doors. The additional detail of frieze boards and trim banding all add to the houses and 20 contribute to an upgraded feeling of quality. In addition the unique gable trim feature and the decorative corbel's placed on all the front porches will enhance the Victorian look. Thank you for your consideration, Larry Alm, President Southwind Builders, Inc. 21 ^ ^ r r r r ^ r __ ,., ,' . ?. k. r Proposed Street Standards c``'am `~,`~ . ~~ ~ ~ ~ ~ ~~ ~ ~:~ 5' 9' v' p'~' ` low 4~ 5' 6' lam` P~°RK• 7'P~EI. 1'RPwFa- l~ 32' Guar ro u~» 521 (i.o. W. LOtaI Residential Strett ~ 9-foot navel lanes may be acceptable (see 2.2.16). `Z~ •~ ~ - ~ ~~ ~ ~ ~ ~ ~1~ -,~~.~.5 ~,5 4i Gi 9' Ioi lai Bi obi 6~ l1Wk TneE MRK. TPArp. TMVRS- W~Rk• 'IPREh 36' ouM 1b ulPS (00~ R. o. w. Residential Connector & Commercial Street ~ Sidewalk and tree grate for sweet fronting commercial. s' 4' IG~ 4' P~~ Rt'AS~ l *,~_,~ 24' R.o. W. Residential Alley * Clear of obstruction for back up. 22 ST. CROIX VALLEY DEVELOPMENT DESIGN S•fUDY ~~ `~~. ~~G[/( J ~./ ~~ ~"~ L~ 5' 13' ~~ 6' Yr{•k 1'RAVPL R~PK• IB' ~~ 29' , (L.O.tV. O!!e-W[iY Street * Cleaz for emergency vehicles. ~~, ~~ ~ Z~ ~s `~ ~~ ~ ~ ~ Z4,* 4' 9W.4~ PAWD (ipAD 8UY1$ • TRAY•- 32' v~ttl95 MINIMUM ry•o.W. v~ues ~~~ oN ~,Q~PON Rural Lanes *Niay be reduced to preserve mature trees. Industrial Street '~ Walk may be landscaped until justified by ped. activity. Attachment 2 I-694 <: COUNTY ROAD D -_. , LEGACY VILLAGE 2 0 ~ 4 ~ r m Z ~ o ~° ~o J V v ~ m ~ ~ Q ,~ m O ~ View Golf Course o ? o y o ? cn ; Z ~ z D ~7 Q o y BEAM AVE _. - ~ `~=~- n.~. _---' _, '~ Hazelwood ' ~'~ ~ ~` f_~ ____. Hazelwood Par ., r 0 c -~ r D z 0 LOCATION MAP 23 N' Attachment 3 79 ~~ ` 16'1 15 87 15 13' 1 15 15 93 79 87 15 164 16 COUNTY ROAD D rV ~r~ H~ gRE4 Q 1480 ~ ~. W O LEGACY VILLAGE m = Z m r `Z ~ Q o ~A SITE m HERITAGE SQUARE pplN N~ CARG~ BC LAND USE MAP 24 N U Attachment 4 1555 i oo i ~ ~ ~'" a .} 7 1~ 5~la lni.~ 16511 &57 1567 R3 1~79i158~158 ~ 161 6 1695 391645 1 15551555 1567 159 1 87 ~ 159 1'613'1613 - 1561 613 15551555 1567 151~~57~9 187 j , 15g~15 ~ 161516 1 1555 15671567 ~-9~57g_1584 - - I161~ .161.3 COUNTY ROAD D WEt~o ARC M1 o 1480 ~ M1 ~ a~ W g Q' 3062 - , 3Q¢6 Z _ m LEGACY VILLAGE ~ __ .3050 ~ o ~ R1 m 3016 ~ 3 SITE HERITAGE SQUARE 3004 M1 PROPERTY LINE /ZONING MAP 25 4 N Attac~iment 5 11.33' e ~ 33 2 24.83' ' PORCH 23.33' PORCH iO P R H 21 }}' . N 21 33' 0 f. 21.33' I I 8.83' m PRO5OSED m m PRO OSED m ~ HO SE PROPOSE m I ~~.~ HOUSE ~ HOUSE I ~ ~ ~ 2' "L_J 's :T. o - o ° P E o o ~ ~ ~6ROfjOSED ~~ o ~'PROROSE~ a y ROPOS D N GARAGE ~ GA AGE GARAGE 1 ' 21.33' 2133' 33 2 TYP ICAL BUI LDINGS f ~ 1 I o ~~ ~ nmaaaµ cu+amq~rsanu ,. ~. ~'i, % /;iii ~,n- ,ta~ maoe+t tore . wntR` ,~r aNao< ia.o ,»~ .,..r.»w wrst ';rR°O"""aoKw,c o~ so. w.> wao+ ~ ,,.~ »a teat ~t woo< u.. a.a . taoawa e,u a~ _,~ ,mot aa»kkaa .a~aa saga ~»v atmtnat nas nog-.wc.1 ,wc r t~ wzoec xas aan wk« a tat PuRS as a oRtctto wm ufeRn s,.u w.K k .teanwtc aax or w a->e ~ ,R ~ ~ 1. atan .ao ,.a: m an.n taa [Dann[ tat. .twamr sm rwa1p~>` fmn. ..o cant. oanss sn~nary Rumnet of units - 33 Garage Parking 66 Off 5[iaet P ing PvOlic Roatl - 15 1] 'IOtalt Parking - AO W a ~ry V W NHN I.t. W SITE PLAN 26 4 N Attachment 6 < ~ -._,z_-- - ! ..__~ ~ --- -- ' ' --- -- _ of ' ~. ~~ ~-.~ - _ _ 6 '56'27"E ~ 2 5.83 _ wv _. ~ - -- - - . . eS (~ ,- . I ~ 1 I ,2 E , . ,,. i ~ {{I ` ` 1J`fi ~ _ ~ I 1 _...__ .__._ ~ __ U - ~ ~t r - J C w __ _ .~. ~r ~• m 6 7 6 6 L an w. ~ ~4 _ _. 4 ....~. ~...n--~ ~ a ox - ~ --- -- - n _. = - -8- ,~.,. ~ n ww~gNr~ w rnN~~ime M~s~ r rtir w ~~ ~~ 9 '~ ~ ~ II ~ wra moY aeave~~ ~e anw~ ~ ~i ~ \ I ~ L W N - ~ Ny ILL ~. 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BUILDING PLANS ~. a M-- - K__ ,_ :..... ..w _ .~ 11 ~- ~~~ Rpldonc~ for; COTTAGES AT LEGACY VILLAGE DIAPLE~VOOD, 55109 MIMe80le. ~.~ ~ ~.. ~.. k. ~~t~~ . ~,. ~a ~Wk::.F. ~k ----- 'F ----, I ' I ~ 1 I q_~ 3rT ----------- --- - 1 I 1 ~ I l M1 i 7~: iL I a ~ trd I I I I 1 tad f, trd ~. ~ tad i l i 1, J L J L J 1 ~ I t _ ~ ~4 ~ I ~ 1 I , 1 j I ~~ ~ ~ 1 0 ~ I 1 1 I -- ® 1 1 1 1 y I ~ rd ~_____ ____________ 1 __~ x-r I'________________ 1 y w M - j { 1 S ~ ~~ O 9 ~ , § r ! ! d V ~ y t y THE LIBERTY Maplewood, Minnesota. 32 Attachment 12 .I ~ ~ r-r u•-e• ~ r-r ii ~ y 11 i II 7 ~~ C f § ~~~ ar-tr II 7 II II II II , I I ) n ii ~ S -~ 1 II r 11 ~' II ~ n II j II t ~ , z ,}Y{ II i£j{ f ~ - - - - - 'i~ 11 3 , II ~ ~ F II II } at'-1• fYi' II } m II ~- R u I , n r-r r-r tr-tr tr-,o• n•r' 1 ~ ~ i ~ ~ ~ _ II ~ ~ ___________ _ _ __ w I I m. t ~ µt 4 II ~ q ~~ t ~ 1.... II ' ~, ,. ~~ n,~ II ~~I w,' .., -ag ii ~~ I ~¢ ~ q { iI i I I ~ ~.,, .. ~ - .. $ x r- ~ b~ d " i tr-r r 1 ::a , ._. f '1 `I i • L t ri' ii 1 IY-r 1f'~• r-tr Ir-1r ti'~• tYa' fL-.~ II ~ at -.• II I I ~~ j{ ~~ II Ej II !! II II I II . ~, ~ ~ ~ ~ , , I ~ II __. ,~ 11 ~} `~I;l II ~ I { E ~~ II ~ I ~ i °~'~ I I { ~ rro - 3 Ai ~ ~ , ~:. ~.,-, r-r II II 1 II II II II II II II j} , __ II '~JJ-- II 3 I I ~ i 3 ! fL II 1I f fl-- _. __ I h II II I ~.~ II ~~ II ~ i Lf - II ~. I..i _ ~, ~ ~ ,. II I I fir. k-~.. ~ I I 3 r. L...ti II ".~ r..w,....», ' `... ~_ L dt'3 ~~ '~ uF..l.i w ~. M y A! ................. K % ~ 9 111 ~ ~ ~ a.. _ ~. ,~ ,~af _ RMW~na for; o THE VICTORIAN SDI~G~ltt/GIL~ COTTAGES AT '" r ~ ~ ~ ;, LEGACY VILLAGE ~ ~ EfAPLEWOOD, 55109 ~ Maplewood, Minnesota. „.~•~ M~.. wu>+...>«~rl. wo,,,,>.: '` Min eeota. BUILDING PLANS I i I ~ ~ I i ' e i i I ~ II i ii 1 m-r t• ~ a-a r ~ tr-r Iii ; 1 ~ L_J L1J ' l I ~ I ;1 I r i { ~ 4 {I d t I I 1 I I n I ~ # -"71 1 I1 1 1 tl _ J i l 11 1 . rd ` -- --------------- --J ~----___ ~~ -------JI K r-r tr -t r-r r-r Y n~~ u ` O 4 ~ ~ z L s- s-ts 4 1 : 1 i 0' p r r I r - = 4 ~ . § L a ~ ~ Y a K { 33 ,tt::ch~.,~nt 13 35 N 3q ~4 Attachment 14 Engineering Plan Review PROJECT: Cottages at Legacy Village PROJECT NO: 04-12 REVIEWED BY: Erin Laberee, Maplewood Engineering Department DATE: August 6, 2004 Southwind Builders is proposing to redevelop five existing single-family residential properties on the east side of Hazelwood Street into 33 detached town homes. Drainage from the site is proposed to discharge into a storm water pond just north of the site that was constructed in conjunction with Legacy Parkway and Heritage Square. The design engineers accounted for the drainage from this site in the design and in the construction of the new pond. The city's consultant, Kimley-Horn and Associates, has reviewed these plans and we have incorporated their comments into this review. The following issues shall be address by the developer and their engineer. Streets 1. The proposed street width is shown at 28' back to back of curb. City standards allow for parking on one side of the street when the street is constructed 28' wide face to face of curb. If parking is intended for one side of the street, the street width shall be increased to 28' wide face to face of curb. 2. Pedestrian ramps shall be constructed at all sidewalk crossings. 3. When the project engineer revises the plans, the revised plans should show the parking bays that the city will have constructed during the city's improvement project along Legacy Parkway. 4. The developer and engineer shall coordinate proposed grades neaz Hazelwood Street with the city. Drainage 1. Runoff from the north/south street in Block 1 is shown to drain across the street to an inlet constructed in conjunction with Legacy Parkway. It is recommended that the contractor construct an inlet behind the curb instead of allowing water to drain onto Legacy Parkway. 2. Construct STM MH #4 in the gutter line to pick up runofffrom the gutter. 3. An 18" storm sewer pipe is proposed to connect into a stub downstream of CBMH #6 at an invert of 909.93. The Legacy Parkway plans show a 12" storm sewer stub at an invert of 907.60. The engineer shall coordinate the proposed storm sewer downstream of CBMH #6 with the project engineer for Legacy Parkway. 35 Grading & Erosion Control 1. The developer must submit an erosion control plan to the city and to the watershed district for review and approval. 2. The proposed contours do not seem to match the proposed Heritage Square contours. The project engineer shall coordinate the site grading with the Heritage Square plans and show contours that tie into their site. Utilities 1. The sanitary manhole at station 1+35 on Legacy Parkway has a 901.96 invert elevation. The Southwind utility plan shows their sanitary sewer connecting into this manhole at an elevation of 903.09. An inside drop manhole will not be allowed at this location. The engineer shall coordinate the sanitary manhole invert elevations with the city's consultant engineer, Kimley-Horn and Associates. Misc. 1. The developer shall provide a tree survey and landscape plan. Developer's Agreement The developer shall enter into a Developer's Agreement with the City to address the conditions of approval, as well as the following: • The developer has agreed to consider revisions to their site grading plan to allow for the disposal of up to 30,000 cubic yards of excess soils resulting from other City construction projects in the area. As a condition of the approval of the development, the developer must agree to work with the City to address this issue. • As determined necessary by the city engineer, the developer shall dedicate public drainage and utility easements between Legacy Parkway and the north boundary of the proposed development for City storm drainage facilities. The developer shall also dedicate a public utility easement over all watermain facilities in accordance with Saint Paul Regional Water Services (SPRWS} requirements. The easements shall be included on the plat or the developer must establish an escrow fund to ensure that the easements are dedicated. The developer shall dedicate any additional right-of--way along the Hazelwood frontage as required to accommodate the widening and sidewalk and reconstruction of Hazelwood Street. 36 Attachment 15 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Larry Alm, representing Southwind Builders, applied for a change to the City's land use plan from BC (business commercial) to R3H (high density residential). WHEREAS, this change applies to the property located on the east side of Hazelwood Street, south of County Road D. The legal description is: Lots 1 through 36 inclusive, Block 6, Done Park, Ramsey County, and Lots 16 through 21 inclusive, Block 3, Dorte Park, Ramsey County, together with any vacated alleys and roads accruing thereto. WHEREAS, the history of this change is as follows: On August 16, 2004, the Planning Commission held a public hearing. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve the land use plan change. 2. On September 13, 2004, the City Council discussed the land use plan change. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described change because: 1. It would be consistent with the goals and objectives of the comprehensive plan. 2. This change would eliminate an area that the city had once planned for commercial uses that is between two residential areas. 3. This change would allow for town house that would be more compatible and in character with the adjacent townhome development. 4. This site is proper for and consistent with the city's policies for high-density residential use. This inGudes: a. It is on a collector street and is near arterial streets. b.Minimizing any adverse effects on surrounding properties because there would be no traffic from this development on existing residential streets. 5. It would be consistent with the proposed land use. The Maplewood City Council approved this resolution on , 2004. 37 Attachment 16 CONDITIONAL USE PERMIT RESOLUTION FOR A PLANNED UNIT DEVELOPMENT WHEREAS, Larry Alm, representing Southwind Builders, applied for a conditional use permit for a planned unit development fora 33-unit detached town house development. WHEREAS, this permit applies to the 4.6-acre site on the east side of Hazelwood Street lying south of County Road D. The legal description is: Lots 1 through 36 inclusive, Block 6, Dorle Park, Ramsey County, and Lots 16 through 21 inclusive, Block 3, Done Park, Ramsey County, together with any vacated alleys and roads accruing thereto. WHEREAS, the history of this conditional use permit is as follows: On August 16, 2004, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on September 13, 2004. 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 counal 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: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 38 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. The development shall follow the plans date-stamped July 22, 2004, except where the city requires changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall meet all the requirements noted in the Assistant City Engineer's report dated August 6, 2004. 5. The applicant shall sign a development agreement with the city before the city issues a grading permit. 6. The applicant shall provide a copy of the homeowner's association documents to staff for approval. 7. The developer or contractor shall construct the project according to the plans date-stamped July 22, 2004, except as specifically modified by these conditions. 8. The developer shall add sidewalks and sidewalk connections in locations that city staff decides are necessary. 9. The developer or builder will provide parking spaces at the ends of the driveways wherever they may fit. 10. The developer or builder shall install asix-foot-wide concrete sidewalk on the east side of Hazelwood Street far the entire length of the project. 11. The grades of the power line trail and all public sidewalks will meet ADA guidelines for slope. 12. Provide a revised landscape plan for city staff approval. This revised plan shall include: a. Increasing the tree size to 2 % inches (from 2 inches). b. Changing the Colorado Spruce to Black Hills Spruce or Austrian Pines (or a mix of these iwo species). 39 c. The developer should coordinate the landscaping materials and designs along Legacy Parkway and Hazelwood Street to make sure that they are compatible with the approved landscape designs for Heritage Square and Kennard Street. d. Overstory trees to be planted along both sides of Legacy Parkway and Along Hazelwood Street shall be set at an average of 30- to 40-feet on center. 13. All setbacks are approved as shown on the plans date-stamped July 22, 2004. 14. Side yard building setbacks for all buildings that are less than required by the zoning code are specifically approved within this PUD as shown on the site plan date-stamped July 22, 2004. 15. The applicant or developer shall provide visitor-parking spaces at the minimum quantity of one-half space per townhome unit. This works out to a minimum of 17 required visitor parking. 16. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 17. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. The Maplewood City Council approved this resolution on September , 2004. 40 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 16, 2004 a. Cottages at Legacy Village (Hazelwood Street) Mr. Roberts said Larry Alm, representing Southwind Builders, is proposing to build 33 for-sale townhomes on a 4.6-acre site on the east side of Hazelwood Street, south of County Road D. The project is between Hazelwood Street and the recently approved Heritage Square part of the Legacy Village PUD. Commissioner Trippler asked staff if they knew how much the developer paid for the three southerly properties on Hazelwood Street? Mr. Roberts said no he did not. Commissioner Trippler asked why the city would pay $650,000 for two properties and then turn around and do the demolition and pay the developer a lot of money? Mr. Roberts said staff became concerned when the two northerly properties weren't interested in being redeveloped and did not want to sell. But through some extended negotiations with the developer and the homeowners the city was able to buy those properties based on the values set by appraisals. One reason was for Legacy Parkway to go all the way through the development area, which was important for traffic flow. Secondly, the city didn't want to leave two existing homes in the area and felt it was important to include the properties in the redevelopment of the area. Mr. Cavett said the main reason was because it was important for the Legacy Parkway connection from a traffic standpoint. The city felt the wisest thing to do with the land use was to purchase these homes and not leave two existing homes in this new development area. As part of the city's approved tax abatement plan for the area this pays for the assessments, demolition, grading, as well as the purchase price of the two homes. As this area develops it will be a higher tax base than the single-family homes that existed. That is how this is financially feasible for the city to work with the developer to make this happen. Commissioner Trippler said the city paid $650,000 for the two properties and then they will turn around and sell that to the developer and the developer will pay the city $150,000 when the city paid $650,000 for the same property? After that the city is going to buy back the Legacy Parkway right-of-way for $50,000? The way this reads the city took a $500,000 loss here and as a taxpayer that makes him angry. Mr. Cavett said he cannot speak to the financial details but he can answer questions the commission may have. Chairperson Fischer said with this being redevelopment in the city why didn't this go through the Housing Redevelopment Authority (HRA)? Mr. Roberts said he wasn't sure and he would have to ask Chuck Ahl and Melinda Coleman about that with the tax abatement plans. Commissioner Bartol said the land purchase and sales information on page 5 of the staff report is basically a history of what has happened. It has already taken place and the commission can question why it happened that way but nothing can be undone because it has already occurred. Mr. Roberts said from his understanding that is correct. Commissioner Bartol said it would influence his position and he felt this proposal is incredibly dense. There is a nearby park but people would have to cross Legacy Parkway to get there. He was wondering if the city could encourage the developer to reduce the density and put in a small park to accommodate younger children that cannot cross Legacy Parkway. Mr. Roberts said there is some green space on the plan but not a lot. From what he understood, the market for this development is for empty nesters or young people that don't have children yet therefore, a park wouldn't be necessary in this development. Commissioner Grover asked what the density comparison was for both developments? Mr. Roberts said on page 2 of the staff report it states the 33 units on the 4.6-acre site means there would be 7.2 units per gross acre. This project density is less than the maximum density standard in the comprehensive plan for town houses. For comparison, the Heritage Square town houses to the east of this site will have 220 units on 19.8 acres, which is an average of 11.1 units per acre. Commissioner Dierich asked staff if it was typical to include things as stated on page 5 because that's where the question comes up whether this is tax procedural or not. As a taxpayer she is really upset by this information that the city spent $650,000 on this and the reasoning behind it. She asked if the city was going to get that money back? Mr. Cavett said he is not an authority on tax abatement issues but the $650,000 is not money that exists today. It is money that would be created by a higher tax base that would not exist if this development did not take place. It is not costing the Maplewood residents any money. Mr. Roberts said also this money is not coming out of the housing redevelopment fund. Commissioner Grover asked if the ratios shown on page 2 of the staff report in the bottom paragraph referred to the 4.6 acres? Mr. Roberts said yes. Commissioner Trippler said on page 9 of the staff report, number 13 it says side yard building setbacks for all buildings that are less than required by the zoning code. He asked staff to tell him what the side yard setbacks would be without an approved PUD? Mr. Roberts said for asingle-family home the setback it is 10 feet to living space and he thinks these are about 5 or 6 feet from the property line between the units. Chairperson Fischer asked if the variance would be for each unit or just some of the units? Mr. Roberts said a variance isn't needed for every unit but he didn't analyze the exact setback for each unit. However, item 12 and 13 of the conditions together on page 9 are essentially approving a PUD rather than approving a bunch of variances for each lot and block. Commissioner Dierich said she drew a revised site plan showing the garages in a different location and asked if there was a reason the developer did not use an alternate plan? Mr. Roberts said that is something the developer could bring up when he comes forward to address the commission. Chairperson Fischer asked the applicant to address the commission. Mr. Larry Alm, Southwind Builders, 5960 Highway 61 North, White Bear Township, addressed the commission. He said he visits many different cities and the commission's input is very important. He asked Commissioner Dierich to state what she would like to see changed for this plan? Commissioner Dierich said she would like to see the porches all facing each other in the center and green space in the middle. As long as the city is going to do a PUD why don't you move the driveway to the edges of the development and have the common green space in the middle of the homes. Her plan showed 26 homes on the plan with the garages on the edge of the development. Mr. Roberts said he's only guessing but he believed that Commissioner Dierich's plan would have more impervious surface than the plan proposed by the developer. Mr. Alm said they looked at using a plan similar to Commissioner Dierich's but it ended up having too many curb cuts. The reason for this plan is this way you only look out onto green space and onto other people's porches, not at driveways. He said they have had fairly good luck in other cities with this concept shown to the commission. Commissioner Grover asked staff if this plan was consistent with the other developments in Legacy Village? He said if his memory serves him the garages were behind the developments with an alley between the developments. Mr. Roberts said the Legacy Village plan includes a mixture of units and styles. Commissioner Dierich said she likes the style of the homes but she is concerned about the homes on Hazelwood Street. Because the street has fast traffic she does not see people sitting out on their front porches watching the traffic. Flipping those units around would provide a sound buffer for those units. The thought is to keep everybody tied to the neighborhood and that was the design for the whole plat. When you have units facing out there is not the feeling of community. Some of the units may need to be reconfigured even though you would still have the same amount of units. Mr. Alm said he had hoped the speed limit on Hazelwood Street would be about 30 mph. His goal was to connect everything with sidewalks because there is a regional trail there. He grew up on a busy street with a front porch so he is kind of callous to that type of situation. Regarding space between units, typical residential homes are five feet on the garage side and ten feet on the home. These units are 16 feet apart but when you talk about lot size in a townhome project, the home is only a little bit smaller than the lot. The rest is common area but the space between units is consistent with a typical single family home. Commissioner Trippler asked if these were considered individual homes or townhomes? Mr. Alm said these are individual homes but with a townhome association. It gives the buyer the chance to buy a single family home but still live within the confines and keep their home value up. The outside area will be sprinklered and maintained by an association and the homeowner will pay a monthly fee for that service. Commissioner Dierich asked if the motions could be separated into three different motions. Commissioner Mueller moved to adopt the resolution on page 35 of the staff report. This resolution approves a change to the comprehensive land use plan from BC (business commercial) to R-3H (high density residential) fora 4.6-acre site for the Cottages at Legacy Village on Hazelwood Street. The city is approving this change because: 1. It would be consistent with the goals and objectives of the comprehensive plan. 2. This change would eliminate an area that the city had once planned for commercial uses that is between two residential areas. 3. This change would allow for a town house that would be more compatible and in character with the adjacent townhome development. 4. This site is proper for and consistent with the city's policies for high-density residential use. This includes: a. It is on a collector street and is near arterial streets. b. Minimizing any adverse effects on surrounding properties because there would be no traffic from this development on existing residential streets. 5. It would be consistent with the proposed land use. Commissioner Dierich seconded. Ayes -All Commissioner Dierich moved to adopt the resolution on pages 36-38 of the staff report. This resolution approves the 33-unit Cottages at Legacy Village PUD (planned unit development) on Hazelwood Street. The city bases this approval on the findings required by code. This approval is subject to the following conditions: 1. The development shall follow the plans date-stamped July 22, 2004, except where the city requires changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall meet the requirements noted in Erin Laberee's memo dated August 6, 2004. 5. The applicant shall sign a development agreement with the city before the city issues a grading permit. 6. The applicant shall provide a copy of the homeowner's association documents to staff for approval. 7. The developer or contractor shall construct the project according to the plans date-stamped July 22, 2004, except as specifically modified by these conditions. 8. The developer shall add sidewalks and sidewalk connections in locations that city staff decides are necessary. 9. The developer or builder will provide parking spaces at the ends of the driveways wherever they may fit. 10. The developer or builder shall install asix-foot-wide concrete sidewalk on the east side of Hazelwood Street for the entire length of the project. 11.The grades of the power line trail and all public sidewalks will meet ADA guidelines for slope. 12. Provide a revised landscape plan for city staff approval. This revised plan shall include: a. Increasing the tree size to 2'h inches from (2 inches). b. Changing the Colorado Spruce to Black Hills Spruce or Austrian Pines (or a mix of these two species). c. The developer should coordinate the landscaping materials and designs along Legacy Parkway and Hazelwood Street to make sure that they are compatible with the approved landscape designs for Heritage Square and Kennard Street. d. Overstory trees to be planted along both sides of Legacy Parkway and along Hazelwood Street shall be set at an average of 30-to-40-feet on center. 13.A11 setbacks are approved as shown on the plans date-stamped July 22, 2004. 14. Side yard building setbacks for all buildings that are less than required by the zoning code are specifically approved within this PUD as shown on the site plan date-stamped July 22, 2004. 15.The applicant or developer shall provide visitor-parking spaces at the minimum quantity of one-half space per townhome unit. This works out to a minimum of 17 required visitor parking. 16.An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 17. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. Commissioner Pearson seconded. Ayes -All Commissioner Dierich moved to a~preve deny the preliminary plat for the Cottages of Legacy Village (date-stamped July 22, 2004), subject to the following conditions: (changes are in bold and deletions are stricken.) 1. The applicant shall meet the requirements in the assistant city engineer's report dated August 6, 2004. 2. The applicant shall sign a developer's agreement with the city engineer before the city issues a grading permit. 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the city engineer may require that may not be ready by the time of plat signing. 5. The applicant shall pay the city $150,000 for the property now owned by the city. The reason for her denial of item C. is Commissioner Dierich would like to see the developer re-look at the orientation of the homes, the amount of driveway and the curb cuts into Hazelwood Street. The motion failed for a lack of second. Commissioner Trippler moved to approve the preliminary plat for the Cottages of Legacy Village (date-stamped July 22, 2004), subject to the following conditions: 1. The applicant shall meet the requirements in the assistant city engineer's report dated August 6, 2004. 2. The applicant shall sign a developer's agreement with the city engineer before the city issues a grading permit. 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the city engineer may require that may not be ready by the time of plat signing. 5. The applicant shall pay the city $150,000 for the property now owned by the city. Commissioner Desai seconded. Ayes - Bartol, Desai, Fischer, Grover, Lee, Mueller, Pearson, Trippler Nay- Dierich This item goes to the CDRB on August 24, 2004, and to the city council on September 13, 2004. DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 24, 2004 b. Cottages at Legacy Village -Hazelwood Street Ms. Finwall said Larry Alm, representing Southwind Builders, is proposing to build 33 for-sale townhomes on a 4.6-acre site on the east side of Hazelwood Street, south of County Road D. Ms. Finwall said the project is between Hazelwood Street and the recently approved Heritage Square part of the Legacy Village PUD. City staff recommends approval of the design review with conditions. Board member Shankar said these units appear very close together and he assumed they met the city's minimum setback requirement? Ms. Finwall said this is being approved as a PUD with some variation to the city's ordinance. If the applicant had to follow the city standards they would require a 20-foot setback from each unit. As proposed the units are about 17.7 feet apart. Because it would be approved as a PUD there is some flexibility to the change in code. Board member Olson asked if the driveways were long enough for a car to park? Ms. Finwall said the driveway pads are short which had been a concern of city staff. There isn't room for parking in the driveways, however, there is on-street visitor parking on Legacy Parkway and Hazelwood Street. The applicant states the reduction in the size of the private driveways helps reduce the cost of the units. It also keeps the exterior storage of vehicles to a minimum, which is why many of the homeowners choose to purchase units like this. Board member Olson said the limited guest parking concerns her because of the proposed density and thinks it's unrealistic to think that people wouldn't have gatherings here. She wondered where the overflow of cars would park? Chairperson Longrie-Kline asked the applicant to address the board. Mr. Larry Alm, Southwind Builders, White Bear Township, addressed the board. Board member Olson asked how the applicant calculated the parking for the site? Mr. Alm said there is no overnight parking and cars must be parked in the garage. If you have a gathering there is on-street parking available. The buyers for these homes don't buy this size of a home and entertain a lot. The typical buyer for these homes are people that are retired or people that have no children. Having short driveways for these units allows them to have 58% more green space for the courtyard. Board member Ledvina asked if the applicant had building material samples to show the board? Mr. Alm didn't have samples of building materials, however, he had a colored illustration to show the board. Chairperson Longrie-Kline asked if the only extra parking would be on the street? Board member Olson said there is no overnight parking and there is no outdoor storage? Mr. Alm said that's correct. It's an effort to keep the neighborhood as it was built and as it was designed. Chairperson Longrie-Kline said her concern is if someone had their mother or father spend the night, and you can't park a car in the driveway, and you can't park overnight on the street, where would that person park? Mr. Alm said in the association documents it states you can receive special permission from the association to park overnight on the private street within the development but not on the public streets. Chairperson Longrie-Kline asked if the association documents were already written and in place? Mr. Alm said they can't file the association documents until the plat is filed. Chairperson Longrie-Kline said she really wants to make sure overnight parking is an option if it's needed and that it's documented in the association documentation. Board member Olson asked where the meters would be located and what type of screening was proposed for them? Mr. Alm said he hasn't proposed any screening yet because he gets in trouble with the utility company for putting things in front of the meters. Depending on how the site gets laid out the sides of each garage building will house the electric, gas, cable and telephone hook up and would be located three to four feet at the end of the garage. Board member Olson asked if the applicant would be amenable to screening the meters with a small wooden Victorian style fence to fit in with the development? Mr. Alm said they have used maintenance free fencing. The worst part about townhome developments when you add things like wooden fences is they require maintenance. Landscaping is less expensive but then there is also the growth factor and requires trimming. Board member Driscoll asked if the applicant knew what type of trees and the height and width the trees could grow to that are shown to be planted between the units. She is concerned because Ms. Finwall said there is only 17 feet between units. Mr. Alm said they would probably plant ornamental trees because they don't get too large, such as a flowering crab tree Board member Driscoll said she doesn't profess to know too much about landscaping but on the plan it calls out for an ash tree and a sugar maple, which can be large trees. Mr. Alm said that would have to be changed by the landscape architect. Board member Ledvina said having the stone go from the ground to the eave and then having another siding insert above the garage door seems too busy to him. He was wondering if you could fill the area above the garage door in with brick or use wainscoting. He has seen where the brick goes all the way up but they don't infill above the garage door, which he doesn't care for. Either the brick should run all the way up or another alternative should be to use wainscoting. The wainscoting may be a good alternative if the applicant wants to use a change of building materials. Board member Olson said she would agree with Board member Ledvina. Mr. Alm said he agreed that wainscoting may be the way to go. Board member Olson said she likes the concept and the idea of the individual units and the variety of styles and designs that are scattered through the development. The only concern she has is the onsite parking and this could spill over into a city problem if it isn't addressed correctly. Board member Ledvina said he thinks this is an interesting design; he likes the layout and thinks it's an efficient use of space and likes the idea of short driveways. People buying into this development are going to understand the concept of having the short driveways and the association bylaws. With this alley type of feeling the developer is increasing the green space and that's an efficient use of the space. He understands the concern for parking but thinks the applicant addressed that and if you're buying into this concept you understand the rules. Chairperson Longrie-Kline said with regard to Board member Olson's idea of shielding the utility meters with some kind of fencing would be a good idea. She understands the landscaping covering the meters concept, however, the board has had a problem in the past with the landscaping plan showing the meters covered but that didn't happen. Board member Shankar said his experience has been if you use fencing to cover utilities the meters get covered up but the cable and telephone hook up gets put outside the fenced area and is still visible. He would recommend the meters be put on the side of the garage and paint them to match the buildings. Board member Ledvina said the board has seen that solution but using 33 fences would not work with this development and he would agree with Board member Shankar to paint them to try and make them less intrusive or develop a screening solution with landscaping. He would be concerned with multiple meters but doesn't think that is the situation here. Mr. Alm said it would be a good idea to paint the meters and the utility meters don't care if you paint them as long as you leave the window visible so that may be a good solution to the problem. The meters have to be four feet off the ground so a person going up to the meter can read the dial easily. Board member Driscoll said she just wants to make sure the applicant reevaluates the tree species so they would not be crowding the buildings. Board member Ledvina said he thinks the city staff can take a look at that situation and work with the applicant. Board member Olson said the larger trees should be okay planted at the end of the units and closer to the street Board member Olson moved to approve the project plans date-stamped July 22, 2004, for the Cottages at Legacy Village on Hazelwood Street. This approval is subject to the developer or contractor meeting all the following conditions: (changes made by the CDRB during the 8-24- 04 meeting are underlined if added and stricken if deleted.) 1. Obtaining city council approval of a comprehensive land use plan revision from BC (business commercial) to R3H (high density residential) to build townhomes on the site. 2. Obtaining city council approval of a planned unit development for this project. 3. Obtaining city council approval of the preliminary plat for this project. 4. Complete the following before the city issues a building permit: a. Have the city engineer approve the final construction and engineering plans. These plans shall include grading, drainage, sidewalk, utility, driveway, parking lot and erosion control plans. These plans shall meet the following conditions: (1) The erosion control plan shall be consistent with the city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100-year water elevation. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed board or by the city engineer. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood-fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show as little disturbance and tree removal as possible on the north, east and south sides of the site. (3) The tree plan shall: (a) Be approved by the city engineer before site grading or tree removal. (b) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (c) Show no tree removal beyond the approved grading and tree limits. (d) Be consistent with the approved grading and landscape plans. (4) The developer shall be responsible for getting any needed off-site grading or drainage easements and for recording all necessary easements. (5) All the parking areas and driveways shall have continuous concrete curb and gutter. (6) The driveways shall meet the following standards: 24-foot width-no parking on either side and 28-foot width- parking on one side. The developer or contractor shall post the driveways with no parking signs to meet the above-listed standards. (7) The developer shall disturb as little as possible of the area along the north, east and south property lines and the applicant shall change the grading plan for this part of the site as recommended by the city engineer. b. Submit an in-ground lawn-irrigation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Submit a revised landscape plan for city approval showing: (1) As much of the existing vegetation (including the trees) remaining along the northern, easterly and southerly property lines as possible. (2) Foundation plantings near and around the buildings. (3) The in-ground lawn-irrigation system. (4) Larger tree sizes (2'h inch-caliper instead of 2 inch). (5) Replacing the Colorado Blue Spruce with Black Hills Spruce and Austrian Pines. (6) The planting of the correct size and species of trees between the townhomes to ensure there is no overcrowding when full grown. e. Submit a revised site lighting plan for city approval. This plan shall show how the lighting on the buildings would add to the site lighting, and the plan should have additional lighting near the driveways, where they intersect the public street, so the driveways are adequately lit. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent residential properties. f. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. g. A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. Staff shall determine the dollar amount of the escrow. h. The developer shall close on the purchase of the properties with the city before the city will issue a grading or a building permit for the project. i. The contractor or builder shall meet all of the requirements of the fire marshal and building official. The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. k. The applicant shall submit an address and traffic signage plan for staff approval. Submit revised building elevations for city staff approval. These elevations shall show the stone on the front of the attached garages to be installed as a wainscot to the height of the trim board located on the sides of the units. m. Submit homeowner's association documents for city staff approval. These documents shall specify the availability of overnight parking for the residents and quests on the private roads. 5. Complete the following before occupying the buildings: a. Install reflectorized stop signs at each driveway connection to Hazelwood Street and Legacy Parkway, ahandicap-parking sign for each handicap- parking space and an address on each building. In addition, the applicant shall install "no parking" and any traffic control signs within the site, as required by staff. b. Install and taper the concrete sidewalk along Hazelwood Street and Legacy Parkway to match the driveways. c. Install and maintain all required landscaping and an in-ground sprinkler system for all landscaped areas (code requirement). d. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. e. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. Install the trails and sidewalks as shown on the approved plans and as required by the city engineer. g. The developer or contractor shall: 1. Place temporary orange safety fencing and signs at the grading limits. 2. Remove any debris or junk from the site. 6. Repeat this review in two years if the city has not issued a building permit for this project by that time. 7. Any identification signs for the project must meet the requirements of the city sign ordinance. 8. The city approves the setbacks as shown on the project plans. 9. All work shall follow the approved plans. The director of community development may approve minor changes. 10. The city will allow a temporary sales office until the time a model unit is available for use. Such a temporary building shall be subject to the requirements of the building official. 11. No units facing Hazelwood Street shall have utility rooms or exposed utility meters on that elevation. 12. The applicant shall work with staff to propose suitable screening for outside utility meters. This maY include painting of the meters and other utilities along the side of the aaraaes plus addina landscaping in front of the meters as may be needed. 13. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. Board member Ledvina seconded. Ayes -Driscoll, Ledvina, Longrie-Kline, Olson, Shankar There were three friendly amendments made and those have been incorporated into the conditions and are underlined per city staff. The motion passed. This item goes to the city council on September 13, 2004. AGENDA ITEM I-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Legacy Village Lighting Improvements, City Project 04-23 Resolution Receiving Bids and Awarding Construction Contract DATE: September 7, 2004 Introduction Street lighting is proposed to be installed as a part of the city's improvements along Kennard Street between Beam Avenue and County Road D and along Legacy Parkway between Hazelwood Street and Southlawn Drive. Final plans and specifications for Legacy Village Lighting Improvements were approved by the city council on August 9, 2004, and authorization was given to advertise for bids. The bids for this project will be opened on Friday, September 10, 2004. The results of those bids were not known at the time the council agenda was assembled. A tabulation of those bids and a suP~lemental report with recommendation will be distributed Prior to the city council meeting. The city council will consider an award of bids for the Legacy Village Lighting Improvements, Project 04-23. CMC Attachment: Location Map Legacy Village Lighting Improvements Project 04-23 ADDITIONAL INFORMATION FOR AGENDA ITEM I-1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: Legacy Village Lighting Improvements, City Project 04-23 Resolution Receiving Bids and Awarding Construction Contract DATE: September 13, 2004 Introduction Street lighting is proposed to be installed as a part of the city's improvements along Kennard Street between Beam Avenue and County Road D and along Legacy Parkway between Hazelwood Street and Southlawn Drive. Final plans and specifications for Legacy Village Lighting Improvements were approved by the city council on August 9, 2004, and authorization was given to advertise for bids. Background On Friday, September 10, 2004, bids were received and opened for the above-referenced project. Present for the bid opening Chuck Ahl, City Engineer, Chris Cavett, Assistant City Engineer and Chadd Larson of KHA. Bids were received from six (6) contractors as follows: C'nntractnr Rirl Amrnmt Forest Lake Contracting Co. $ 207,600.00 Collins Electrical Construction Co. $ 214,225.00 Collins Electrical Systems, Inc. $ 219,000.00 Killmer Electric Company, Inc. $ 219,556.00 Vinco, Inc. $ 234,300.00 Quality Underground Services, Inc. $ 254,200.00 Engineer's Estimate $ 290,000.00 Forest Lake Contracting Company was the low bidder with a bid amount of $207,600.00. The low bid is approximately $82,000 or 28% less than the Engineer's Estimate of $290,000 Recommendation Staff and the city's consultant, KHA, are recommending that the city council approve the attached resolution accepting the bids and awarding the contract to Forest Lake Contracting for the amount of 207,600.00. CMC Attachment: Location Map RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Forest lake Contracting Co., in the amount of $207,600.00 is the lowest responsible bid for the Legacy Village Lighting Improvements, City Project 04-23, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. AGENDA ITEM I-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Chris Cavett, Assistant City Engineer SUBJECT: County Road D Realignment West (Walter Street to T.H. 61 ), City Project 02-08 -Resolution Awarding Construction Contract DATE: September 7, 2004 Introduction Final plans and specifications for the County Road D Realignment West (Walter Street to T.H. 61) were approved by the city council on June 28, 2004, and authorization was given to advertise for bids. Those bids were received and opened on August 27, 2004. Background The bids were received and publicly read aloud at 10:00 a.m., on Friday, August 27, 2004. Present for the bid opening: Chuck Ahl, City Engineer, Chris Cavett, Assistant City Engineer, Karl Keel and Nick Landover of URS. The following six bids were received: Contractor Total Base Bid 1. Palda & Sons, Inc. $1,333,032.71 2. Frattalone Companies, Inc. $1,355,208.00 3. T.A. Schifsky & Sons, Inc. $1,488,094.84 4. Forest Lake Contracting, Inc. $1,489,834.43 5. Arnt Construction Company, Inc. $1,520,677.89 6. Park Construction Company $1,631,419.07 All bids have been checked and tabulated. The engineer's estimate for the project was $1,519,352.25. The low bid from Palda & Sons, Inc. of $1,333,032.71 is 12% lower than the engineer's estimate. Attached is a letter from the city's engineering consultant, URS, with a recommendation of award . Discussion Palda & Sons, Inc. has provided contracting services to numerous public agencies within the metropolitan area. They have also successfully completed work in the City of Maplewood, most recently on Bush Avenue in 2001. City Council Agenda Background Award or Bid September 7, 2004 Page Two A contract for an earlier phase of this project (Venburg/Guldens Frontage Road) was awarded to Imperial Developers in April of this year. For all practical purposes, the Imperial Developers contract is complete with only final paving and a few miscellaneous punch list items remaining, which are not expected to conflict with the Palda & Sons contract. The bid opening for this project had been postponed a number of times, mostly due to delays related to the Troutland development. Troutland began grading activities on Monday, August 30, 2004, more than a month later than initially expected. Palda and Sons is not expected to begin any work on site before the week of September 20, 2004. The bulk of grading work required for the city project, and being done by the developer, is expected to be completed in time for Palda & Sons to begin their work. Additional grading related to the development is expected to continue in to the fall with the work activities being coordinated between the developer and the city's contractor. The construction of the County Road D realignment west of T.H. 61 is expected to be completed by July of 2005. Recommendation It is recommended that the city council approve the attached resolution accepting the bids and awarding the contract to Palda & Sons, Inc. for the amount of $$1,333,032.71. Attachments: Resolution Memo from URS Location map RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Palda & Son, Inc., in the amount of $1,333,032.71 is the lowest responsible bid for the construction of County Road D Realignment West (Walter Street to T.H. 61 ), City Project 02-08, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. AGENDA NO. J-1 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Electric Franchise Fee DATE: September 3, 2004 The City Council tabled action on implementation of an electric franchise fee at its meeting on July 12 pending receipt of additional information on proposed rates and possible other uses. Currently 33 cities have franchise fees and information on these fees was included in the last agenda report. The franchise fee is being considered to partially finance two projects in the 2005-2009 Capital Improvement Plan (CIP). The projects are the Gladstone Area Streetscape and the Hillcrest Area Streetscape which include burying overhead power lines. The Gladstone project will cost $2,515,000 and electric franchise fee revenues proposed for the project are $725,000. The Hillcrest project will cost $2,150,000 and electric franchise fee revenues proposed for the project are $1,290,000. Initially, Mary Ippel at Briggs and Morgan indicated that public improvement bonds could not finance the burying of overhead power lines. However, she has reconsidered this issue and believes that public improvement bonds could finance the costs if 20% of the costs are assessed. Other revenues such as property taxes or electric franchise fee revenues could finance the remaining 80%. Therefore, implementation of a franchise fee to finance the Gladstone and Hillcrest projects can be delayed until these projects are approved. The proposed 2005 Budget includes a new electric franchise fee to finance the costs to maintain and operate street lights and traffic signals. Prior to 2005 these costs have been financed by the General tax levy. The new electric franchise fee will be $0.50 per month on asingle-family home and will generate annual revenues of $176,690. If the electric franchise fee is not implemented, the property tax levy for 2005 will need to be increased by 1.4%. In order to start the electric franchise fee in January, Excel Energy has the following requirements: 1. An electric franchise ordinance needs to be adopted to amend the current franchise. 2. A gas franchise ordinance needs to be adopted to amend the current franchise so that it runs for the same time period as the electric franchise. 3. An ordinance implementing the electric franchise fee needs to be adopted by October 1. Copies of these three ordinances are attached. It is recommended that the City Council approve them in order to implement the electric franchise fee. P\agn\franchise fee3 2 ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MAPLEWOOD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The Cit<~ of Maplewood, Count<~ of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by Cit<~ or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authorit<~ to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A written notice served by one part<~ on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other part<~. Public Ground. Land owned by the Cit<~ for park, open space or similar purpose, which is held for use in common by the public. 1 3 Public Way. Any street, alley, walkway or other public right-of--way within the Cit<~. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. Cit<~ hereby grants Company, for a period of 20 years from the date passed and approved by the Cit<~, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the Cit<~ as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of Cit<~, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the Cit<~ pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The Cit<~ by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the Cit<~ within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in Cit<~ are subject to the jurisdiction of the Commission. The area within the Cit<~ in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by Cit<~ and reimbursed to Cit<~ by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notif<~ the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safet<~ and convenience of ordinary travel along and over Public Wavs and so as not to disrupt normal operation of any Cit<~ Utilit<~ System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the Cit<~. Compan~~ s construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the Cit<~ to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground 2 4 Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a Cit<~ improvement project, but only to the extent such conduit is uncovered by excavation as part of the Cit<~ improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within Cit<~ consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Wav or Public Ground for any purpose without first having obtained a permit from the Cit<~, if required by a separate ordinance, for which the Cit<~ may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Wav or Public Ground without permission from the Cit<~ where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notif<~ the Cit<~ by telephone to the office designated by the Cit<~ as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Wav or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Wav or Public Ground in the said condition, the Cit<~ shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the Cit<~ the cost of such work done for or performed by the Cit<~. This remedy shall be in addition to any other remedy available to the Cit<~ for noncompliance with this Section 3.4, but the Cit<~ hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of securit<~ or assurance that may be required, under a separate existing or future ordinance of the Cit<~, of a person or entit<~ obtaining the Cit<~'s permission to install, replace or maintain facilities in a Public Wav. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activit<~. 3.6 Notice of Improvements. The Cit<~ must give Company reasonable notice of plans for improvements to Public Wavs or Public Ground where the Cit<~ has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Wavs and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the Cit<~ will start the work, and (v) if more than one Public Wav or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for Cit<~ fire, water utility, police or other Cit<~ facilities whenever such use will not interfere with the use of 3 5 such poles or towers by Companv, by another electric utility, by a telephone utility, or by anv cable television company or other form of communication company. In addition, the Cit<~ shall pay for anv added cost incurred by Companv because of such use by Cit<~. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Wavs. If the Cit<~ determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Wav, or construct or reconstruct anv Cit<~ Utilit<~ System in anv Public Wav, it may order Companv to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the Cit<~'s proposed public improvement. Except as provided in Section 4.3, Companv shall relocate its Electric Facilities at its own expense. The Cit<~ shall give Companv reasonable notice of plans to vacate for a Cit<~ improvement project, or to grade, regrade, or change the line of anv Public Wav or to construct or reconstruct anv Cit<~ Utilit<~ System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a Cit<~ Utilit<~ System to a previously unserved area, Companv may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Companv to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the Cit<~ and is not reasonably necessary for the construction or reconstruction of a Public Wav or Cit<~ Utilit<~ System or other Cit<~ improvement. J J J J 4.2 Relocation of Electric Facilities in Public Ground. Cit<~ may require Companv at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by Cit<~ that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through Cit<~ of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Companv is a valuable right. Cit<~ shall not order Companv to remove or relocate its Electric Facilities when a Public Wav is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or anv agency thereof, unless the reasonable non- betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the Cit<~ need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the Cit<~ and shall not be construed to waive or modif~~ anv rights obtained by Companv for installations within a Companv right-of--way acquired by easement or prescriptive right before the applicable Public Wav or Public Ground was established, or Compan~~ s rights under state or count<~ permit. 4 6 SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Wavs and Public Grounds of Cit<~ to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the Cit<~. SECTION 6. INDEMNIFICATION. 6.1 Indemnit<~ of Cit<~. Company shall indemnif~~, keep and hold the Cit<~ free and harmless from any and all liabilit<~ on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Wavs and Public Grounds. The Cit<~ shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the Cit<~ s negligence as to the issuance of permits for, or inspection of, Compan~~ s plans or work. The Cit<~ shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by Cit<~ after notice of Compan~~ s determination. 6.2 Defense of Cit<~. In the event a suit is brought against the Cit<~ under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the Cit<~ in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the Cit<~, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunit<~ otherwise available to the Cit<~; and Company, in defending any action on behalf of the Cit<~ shall be entitled to assert in any action every defense or immunit<~ that the Cit<~ could assert in its own behalf. J J J J SECTION 7. VACATION OF PUBLIC WAYS. The Cit<~ shall give Company at least two weeks prior written notice of a proposed vacation of a Public Wav. Except where required for a Cit<~ improvement project, the vacation of any Public Wav, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall Cit<~ be liable to Company for failure to specifically preserve aright-of--way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Cit<~ shall not affect the validit<~ of this Ordinance. Any governmental unit succeeding the Cit<~ shall, without the consent of Company, succeed to all of the rights and obligations of the Cit<~ provided in this Ordinance. 5 7 SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the Cit<~ may impose on Company a franchise fee, for the sole purpose of recovering the cost to maintain and operate street lights and traffic signals, by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the Cit<~ in accordance with this Section 9 shall not exceed the following amounts. Customer Class Residential Small C & I -Non-Demand Small C & I -Demand Large C & I Public Street Lighting Muni Pumping -N/D MuniPumping -Demand Fee Per Premise Per Month X0.50 ~ 1.00 X6.00 X45.00 X0.50 X0.50 X0.50 9.2 SeFarate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable 6 g customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the Cit<~ the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the Cit<~ at reasonable times provided that the Cit<~ and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the tune of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the Cit<~ monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the Cit<~ by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other Cit<~ ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on A~plicabilit<~. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 7 g SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the Cit<~ Clerk within 90 days after the date of final passage by the Cit<~ of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: , 2004. Mayor Attest: Cit<~ Clerk P\agn\electric franchise(1) 8 10 GAS FRANCHISE ORDINANCE ORDINANCE NO. CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF MAPLEWOOD, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The Cit<~ of Maplewood, Count<~ of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by Cit<~ or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authorit<~ to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Gas Facilities. Pipes, mains, regulators, and other facilities owner or operated by Company for the purpose of providing gas service for public use. Notice. A written notice served by one part<~ on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other part<~. 1 11 Public Ground. Land owned by the Cit<~ for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of--way within the Cit<~. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. Cit<~ hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the Cit<~ as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the Cit<~ pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The Cit<~ by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the Cit<~ within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in Cit<~ are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by Cit<~ and reimbursed to Cit<~ by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notif<~ the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safet<~ and convenience of ordinary travel along and over Public Wavs and so as not to disrupt normal operation of any Cit<~ Utilit<~ System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the Cit<~. Compan~~ s construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the Cit<~ to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, 2 12 at Cit<~'s request, Company will remove abandoned metal pipe interfering with a Cit<~ improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the Cit<~'s improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within Cit<~ consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Wav or Public Ground for any purpose without first having obtained a permit from the Cit<~, if required by a separate ordinance, for which the Cit<~ may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Wav or Public Ground without permission from the Cit<~ where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notif~~ the Cit<~ by telephone to the office designated by the Cit<~ as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Wav or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Wav or Public Ground in the said condition, the Cit<~ shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the Cit<~ the cost of such work done for or performed by the Cit<~. This remedy shall be in addition to any other remedy available to the Cit<~ for noncompliance with this Section 3.4, but the Cit<~ hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the Cit<~, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Wav. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activit<~. 3.6 Notice of Improvements. The Cit<~ must give Company reasonable notice of plans for improvements to Public Wavs or Public Ground where the Cit<~ has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Wavs and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the Cit<~ will start the work, and (v) if more than one Public Wav or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. 3 13 SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Wavs. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Wav, or construct or reconstruct any Cit<~ Utilit<~ System in any Public Wav, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The Cit<~ shall give Company reasonable notice of plans to vacate for a Cit<~ improvement project, or to grade, regrade, or change the line of any Public Wav or to construct or reconstruct any Cit<~ Utilit<~ System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a Cit<~ Utilit<~ System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the Cit<~ and is not reasonably necessary for the construction or reconstruction of a Public Wav or Cit<~ Utilit<~ System or other Cit<~ improvement. 4.2 Relocation of Gas Facilities in Public Ground. Cit<~ may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by Cit<~ that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through Cit<~ of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. Cit<~ shall not order Company to remove or relocate its Gas Facilities when a Public Wav is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the Cit<~ need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the Cit<~ and shall not be construed to waive or modif~~ any rights obtained by Company for installations within a Company right-of--way acquired by easement or prescriptive right before the applicable Public Wav or Public Ground was established, or Compan~~ s rights under state or count<~ permit. SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Wavs of Cit<~ to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liabilit<~ in the premises. SECTION 6. INDEMNIFICATION. 4 14 6.1 Indemnit<~ of Cit<~. Company shall indemnif~~, keep and hold the Cit<~ free and harmless from any and all liabilit<~ on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Wavs and Public Grounds. The Cit<~ shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the Cit<~ s negligence as to the issuance of permits for, or inspection of, Compan~~ s plans or work. The Cit<~ shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by Cit<~ after notice of Compan~~ s determination. 6.2 Defense of Cit<~. In the event a suit is brought against the Cit<~ under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the Cit<~ in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the Cit<~, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunit<~ otherwise available to the Cit<~; and Company, in defending any action on behalf of the Cit<~ shall be entitled to assert in any action every defense or immunit<~ that the Cit<~ could assert in its own behalf. J J J J SECTION 7. VACATION OF PUBLIC WAYS. The Cit<~ shall give Company at least two weeks prior written notice of a proposed vacation of a Public Wav. Except where required for a Cit<~ improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall Cit<~ be liable to Company for failure to specifically preserve aright-of--way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Cit<~ shall not affect the validit<~ of this Ordinance. Any governmental unit succeeding the Cit<~ shall, without the consent of Company, succeed to all of the rights and obligations of the Cit<~ provided in this Ordinance. SECTION 9. PROVISIONS OF ORDINANCE. 9.1 Severabilit<~. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2 Limitation on A~plicabilit<~. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any 5 15 such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 10. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the Cit<~ Clerk within 90 days after the date of final passage by the Cit<~ of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Passed and approved: , 2004. Mayor Attest: Cit<~ Clerk P\agn\gas franchise(1) 6 16 ORDINANCE NO. AN ORDINANCE IMPLEMENTING A ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: SECTION 1. The Cit<~ of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Maplewood City Council has determined that it is in the best interest of the Cit<~ to impose a franchise fee on those public utility companies that provide electric services within the Cit<~ of Maplewood. (a) Pursuant to Cit<~ Ordinance a Franchise Agreement between the Cit<~ of Maplewood and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy January, 2005 billing month. This fee is an account-based fee on each premise and not ameter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the cit<~ will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge. The Cit<~ recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the Cit<~ the amount of the fee. 1 17 Subdivision 5. Record Support for Payment. Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and sixt<~ (60) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided in Subdivision 2. Subdivision 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2009, unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset date. The City Council may unilaterally renew or extend the fee on the same terms and conditions. Without waiver of any rights under Minnesota law, the City Council shall seek agreement from Company if the Cit<~ intends to change the fee rate or fee design. Passed and approved: , 2004. Mayor Attest: City Clerk SEAL 2 18 SCHEDULE A Franchise Fee Rates: Electric Utilit<~ The franchise fee, for the sole purpose of recovering the cost of street lighting, shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to customers within the Cit<~: Customer Class Residential Small C & I -Non-Demand Small C & I -Demand Large C & I Public Street Lighting Muni Pumping -N/D MuniPumping -Demand Fee Per Premise Per Month X0.50 X1.00 X6.00 X45.00 X0.50 X0.50 X0.50 Franchise fees are to be collected by the Utilit<~ at the rate listed below, and submitted to the Cit<~ on a quarterly basis as follows: January -March collections due by Apri130. April -June collections due by July 31. July -September collections due by October 31. October -December collections due by January 31. P\agn\Electric Fee 19 AGENDA REPORT Agenda #J-2 To: City Manager Richard Fursman From: Chief of Police David J. Thomalla Subject: Pawnshop Ordinance -Second Reading Date: September 7, 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. It is also recommended that pawnshops be assessed a fee of $3 for each transaction. Of this fee, $1 will be paid to APS to maintain their database; and $2 will be paid to the City of Maplewood for increased investigative expenses due to more "hits" on pawned stolen property. Action Reauired Submit to the City Council for review and approval of the following: 1. Revision of the pawnshop ordinance. 2. Assessment of a $3 fee for each pawnshop transaction. DJT:js J-2 Pawnshop Ordinance -Second 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. License fees: J-2 Pawnshop Ordinance -Second Reading.doc 2 (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. e. 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. 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. J-2 Pawnshop Ordinance -Second Reading.doc 3 (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. 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. J-2 Pawnshop Ordinance -Second Reading.doc 4 e. 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 may be 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: (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. J-2 Pawnshop Ordinance -Second Reading.doc cJ 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 may be 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. c. Current valid photo identification card issued by another state or province of Canada. (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. J-2 Pawnshop Ordinance -Second Reading.doc 6 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 chief s 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: (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; J-2 Pawnshop Ordinance -Second Reading.doc 7 (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. (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. J-2 Pawnshop Ordinance -Second Reading.doc $ (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 may be 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 xEQuzxE~~ (10). 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 of police, or the chief s 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 chief s designee. The order to hold shall expire ninety (90) days from the date it is placed unless the chief of police or the chief s designee determines the hold is still necessary and notifies the licensee in writing. J-2 Pawnshop Ordinance -Second Reading.doc 9 (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 of police, or chief s 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. 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. (fj 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 J-2 Pawnshop Ordinance -Second Reading.doc ~ ~ 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. (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 carryon 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. J-2 Pawnshop Ordinance -Second Reading.doc 11 Agenda # Kl Memorandum TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: September 7, 2004 RE: Intoxicating Liquor License -Brian Bauman Introduction Brian Bauman has submitted an application for an intoxicating and Sunday liquor license for The Rock located at 2029 Woodlyn Avenue. Mr. Bauman is purchasing the business with his Mother, Connie Lynn Bauman. Brian will be the Intoxicating Liquor License Manager. Background Mr. Bauman has been residing in the Dakota County area for the past five years. For the past eight years Mar. Bauman has worked full-time in the banking industry. In addition, he has also worked part-time in the liquor industry. During the background investigation, two of Mr. Bauman's business references were very complimentary of him. One who has known and worked with him stated, "Brian is a very professional and trustworthy guy. He plays by the rules." A prior supervisor said, "Brian was a hard worker with a lot of drive and determination." As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Bauman. During the background check the following organizations were contacted for information regarding the applicant: State and Federal criminal history check along with contacts and warrants in Ramsey, Hennepin and Dakota Counties and Apple Valley, Eagan and Farmington Police Departments. There was nothing found that would prohibit Mr. Bauman from holding a liquor license in the City. He has been given a copy of the City Code of Ordinances that apply to being an intoxicating liquor license holder and he has met with Chief Thomalla to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Recommendation It is recommended that the City Council approve the liquor license application. AGENDA ITEM K-2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director/City Engineer SUBJECT: County Road D Realignment West (TH 61 to Highridge Court and Highridge Court to Walter Street), City Files 02-08 and 04-04 -Resolution Approving Joint Powers Agreement with Vadnais Heights and Ramsey County for Joint Roadway Funding and Roadway Turnback DATE: September 7, 2004 Introduction On February 9, 2004, the city council conducted a public hearing and authorized the preparation of plans and specifications for the realignment of County Road D on the west side of Trunk Highway 61 to Highridge Court and eventually extending westerly on the existing alignment of County Road D to Walter Street. A final agreement for joint funding, maintenance and jurisdiction of the area has been negotiated with the City of Vadnais Heights and with Ramsey County. The agreement is presented to the city council for approval. Background On December 9, 2002, the city council approved a resolution to proceed with a project to realign County Road D from Hazelwood Street to TH 61 and from TH 61 to Highridge Court. That resolution was the culmination of many hours of discussion and debate with staff, agencies, other communities and property owners that occurred over many years. On May 12, 2003, the city council selected a final alignment for new County Road D. The city council received a petition from Trout Land, LLC on November 10, 2003, for the construction of County Road D between TH 61 and Highridge Court and authorized preparation of a preliminary report for the improvement. Following the public hearing on February 9, 2004, the city council authorized the preparation of plans and specifications for the project. On June 28, 2004, the council approved the final plans and specifications for the realignment of County Road D between TH 61 and Highridge Court and authorized advertisement for bids. On August 9, 2004, the City Council approved the final agreement for the right of way and cooperative grading with Trout Land, LLC. Bids have been received for the work and the entire project is now ready to proceed. A previous contract has been awarded for a portion of this work to construct a frontage road as part of the relocation of the Venburg Tire business. That contract was awarded by the city council on April 12, 2004. That contract is included within this project financing plan. The attached joint powers agreement with Vadnais Heights and Ramsey County provides for joint funding of the improvements. Vadnais Heights has added work to replace their existing water main and sanitary sewer. The Ramsey County role has increased to include their share of the proposed roadway work. This additional work has increased the project scope, although the Maplewood share of the work has remained constant. Additional information of the revised scope of work and budget impacts are indicated below within the Budget Impact section. The Joint Powers Agreement provides for the new alignment upon construction to be the new County Road D under Ramsey County jurisdiction. The remaining segment of County Road D between the new alignment and TH 61 will become a cul-de-sac roadway in front of the Hillcrest Animal Hospital and will be renamed to County Road D Court. This section of roadway is being turned back as a joint roadway to Vadnais Heights and Maplewood. Conditions for maintenance responsibility are outlined within the Agreement. The final condition of Vadnais Heights is that the city council agrees to continue discussions to resolve the reconstruction of the existing County Road D alignment on the east side of Trunk Highway 61. City Council Agenda Background County Road D Joint Powers Agreement September 7, 2004 Page Two Budget Impact and Revised Budget The original budget for the project did not anticipate the combined scope of work included within the Vadnais Heights, Ramsey County and frontage road construction process. The city council approved the original budget for the project on February 9, 2004. As noted below, a number of new funding sources have been added, while the city share from MSAS funds (a portion is from bonds) has been reduced. There are no general levy expenses to this project. Fundina Source Original Project Budget Revised Project Budget Ramsey County Vadnais Heights Assessments Trout Land Cash Payment MSAS Bond Proceeds MSAS Funds TOTAL PROJECT $ 200,000 $ 0 $ 974,600 $ 0 $ 0 $1,146,800 $2,321,400 $ 690,582 $ 257,168 $1,077,964 $ 10,000 $ 496,800 $ 449,616 $2,982,130 Recommendation It is recommended that the city council approve the attached resolution approving the Joint Powers Agreement with Vadnais Heights and Ramsey County for joint funding of the County Road D Realignment Project between Trunk Highway 61 and Walter Street and authorizes the Mayor and City Manager to sign said agreement signifying the City's approval and provides for a revised project budget for the improvement project. RCA Attachments: Resolution Joint Powers Agreement Project Map RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH VADNAIS HEIGHTS AND RAMSEY COUNTY WHEREAS, pursuant to resolution of the council adopted November 10, 2003, a report has been prepared under the direction of the city engineer with reference to the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and this report was received by the council on January 26, 2004, and WHEREAS, a resolution of the city council adopted the 9t" day of February 2004, ordered the improvement on the proposed County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and WHEREAS, the City Council has directed the City Engineer to negotiate a joint powers agreement with the City of Vadnais Heights and Ramsey County, and WHEREAS, the project requires a joint financing and funding plan along with maintenance responsibility and jurisdictional roadway changes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That said Joint Powers Agreement, a copy of which is hereby attached, is approved and the Mayor and City Manager are authorized to execute said agreement signifying the Councils approval. 2. As noted within said Joint Powers Agreement, the City Council hereby accepts the turnback of existing County Road D by Ramsey County from the new alignment of County Road D to Trunk Highway 61, as a joint border street with the City of Vadnais Heights. Said joint border street shall hereby be named County Road D Court and shall be maintained as provided by the Joint Powers Agreement. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project as follows: Municipal State Aid Street (MBAs) $ 449,616 MSAS Bond Proceeds $ 496,800 Special Assessments $1,077,964 City of Vadnais Heights $ 257,168 Trout Land Cash Payment $ 10,000 Ramsey County Contribution $ 690,582 TOTAL $2,982,130 Approved this 13t" day of September 2004. AGENDAITEM K-3 AGENDAREPORT TO:RichardFursman,CityManager FROM:CharlesAhl,PublicWorksDirector/CityEngineer ChuckVermeersch,CivilEngineerI SUBJECT:HazelwoodStreetImprovements(BeamAve.toCountyRoadD CityProject03-39ResolutionOrderingPreparationofFeasibilityStudy DATE:September6,2004 Introduction/Summary HazelwoodStreetImprovements,CityProject03-39,wasoriginallypartofaproposedprojectto reconstructHazelwoodStreetfromCountyRoadCtoCountyRoadD.Theprojectwasbroken intotwophases,withPhase1beingthesectionofHazelwoodfromCountyRoadCtoBeam Avenue.KnownasCityProject01-16,thisfirstphasehasbeencompleted.Thecitycouncilwill consideradoptingtheattachedresolutionorderingthepreparationofthefeasibilitystudyfor Phase2. Background HazelwoodStreethasbeenidentifiedonthecityscapitalimprovementplanformanyyears.As statedabove,theHazelwoodStreetImprovementsfromBeamAvenuetoCountyRoadDwas originallypartofaprojectthatencompassedHazelwoodStreetfromCountyRoadCtoCounty RoadD.Duetoanumberoffactors,whichincludedfunding,trafficcontrolandconstruction coordinationissues,theprojectwasdividedintotwophases.Phase1wasdesignedbyTKDA, oneofthecitysconsultants.Phase2willbedesignedinhousebythecitysengineeringstaff. SeparateinformationalmeetingswiththeCardinalPointeresidentsandSt.JohnsHospitalwill likelybeheldinOctober. Budget Anot-to-exceedprojectbudgetof$8,000wouldbeestablishedfortheprojectdevelopmentand preliminaryengineeringrequiredtocompletethefeasibilitystudy. Recommendation StaffrecommendsthatthecitycouncilapprovetheattachedresolutionOrderingthe PreparationoftheFeasibilityStudyfortheHazelwoodStreetImprovements(BeamAvenue toCountyRoadD,Project03-39. Attachments:Resolution SiteMap RESOLUTION ORDERINGPREPARATIONOFAFEASIBILITYSTUDY WHEREAS,itisproposedtomakeimprovementstotheHazelwoodStreetfrom BeamAvenuetoCountyRoadD,CityProject03-39,andtoassessthebenefited propertyforalloraportionofthecostoftheimprovement,pursuanttoMinnesota Statutes,Chapter429, NOW,THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOF MAPLEWOOD,MINNESOTA: Thattheproposedimprovementbereferredtothecityengineerforstudyand thatheisinstructedtoreporttothecouncilwithallconvenientspeedadvisingthe councilinapreliminarywayastowhethertheproposedimprovementisnecessary, costeffectiveandfeasibleandastowhetheritshouldbestbemadeasproposedorin connectionwithsomeotherimprovement,andtheestimatedcostoftheimprovement asrecommended. FURTHERMORE,fundsintheamountof$8,000areappropriatedtoprepare thisfeasibilityreport. AGENDAITEM K-4 AGENDAREPORT TO:RichardFursman,CityManager FROM:CharlesAhl,PublicWorksDirector/CityEngineer SUBJECT:TrunkHighway61Improvements(BeamAve.toI694),Project03-07 ResolutionApprovingProceedingSubsequentProcessforSparkleAutoonTH61 RightofWay DATE:September7,2004 Introduction SparkleAutohasrequestedthattheCityinitiateaprocesstovacateandclarifytheproperty ownerinterestsfortherightofwayalongTrunkHighway61.Aresolutionisrequiredtoinitiate thisprocess. Background AnagreementisproposedwithSparkleAutotoclarifytherightofwayalongTH61atnocharge tothecity.Thecitywillagreetoremoveitsinterestinthepropertybetweenthefrontageroad andTH61,justeastofSparkleAuto.Theproceedingnecessarytoallowthistooccuriscalleda ProceedingSubsequent.Thistractoflandhasbeenencumberedforroadwaypurposessince the1930s.WhentheHighwayDepartmentrealignedTH61inthe1950s,theadjacent ownershipbecamefurtherclouded.Theacquisitionoftheroadwayrightswassuchthatthe underlyingpropertyownerhasnotbeenidentifiedsincethatpoint.Becausethepropertyhashad aroadwayfunctionsincethen,therehasbeenlittle,ifany,needtoclarifyownership,although recordsindicatethatnoonehaspaidpropertytaxesonthelandsincethe1930s.Withthe realignedroadway,thefrontageroadcanbeabandonedandthepropertybecomesusableland totheadjacentpropertyowner.AsimilaragreementbetweenKamiandthecityaccomplished thistasktothesouth.SparkleAutocooperatedaspartofthatprocessandisnowrequestingthe proceedingsubsequentoccursinfrontoftheirparcel.Theyhavedeposited$1,500.00tocover theexpensesnecessarytoaccomplishthiswork. Budget Anot-to-exceedprojectbudgetof$1,500wouldbeestablishedforthelegalworknecessaryto completethisprocess. Recommendation Itisrecommendedthatthecitycounciladopttheattachedresolutionapprovingthe proceedingsubsequentprocessforSparkleAutoontheTrunkHighway61RightofWay. Attachments:Resolution SiteMap CITYOFMAPLEWOOD RAMSEYCOUNTY,MINNESOTA RESOLUTIONNo.___________ RESOLUTIONAUTHORIZINGPROCEEDINGSUBSEQUENTACTIONFOROLD HIGHWAY61PROPERTY WHEREAS, theStateofMinnesotahasquitclaimeditseasementinteresttotheoldHighway 61propertytotheCityofMaplewood,saideasementinteresthasencumberedtheCitysproject, ProjectNo.03-07forpublicbenefit; WHEREAS, feetitletothePropertyisneededfororderlydevelopmentwithintheCityand forpublichealth,safetyandwelfare; WHEREAS, SparkleAutoisthefeeownerofpropertythatisnecessaryforright-of-wayin ordertocompleteProjectNo.03-07; WHEREAS, SparkleAutoandtheCitywillenterintoanExchangeAgreementwhich providesforthenecessaryandproperconstructionofTrunkHighway61Improvements,where SparkleAutowillconveytotheCityrequiredright-of-wayinexchangeforfeetitletotheold Highway61property; WHEREAS, theexchangebetweenSparkleAutoandtheCityrepresentsafairmarket exchangeofpropertyandisinlieuofeminentdomainproceedingspursuanttoMinnesotaStatute Section117.01,et.al.ofSparkleAutosproperty. NOW,THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOF MAPLEWOOD,MINNESOTATHAT: TheCityshallauthorizetheCityAttorneytoinitiatetheproceedingsubsequentactioninRamsey CountyDistrictCourtrequiredtoobtainfeetitletotheoldHighway61property. AdoptedbytheCityCouncilofMaplewoodthis______dayof_________,2004. ______________________________ RobertCardinal,Mayor AYES:______ NAYS:______ ATTEST:_______________________ KarenGuilfoile,CityClerk $