Loading...
HomeMy WebLinkAbout1986 12-08 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 8, 1986 Municipal Administration Building Meeting 86 -33 1. Accounts Payable 2. Final Plat Barclay Addition 3 Final Plat Highwood Addition 4. Final Plat Tilsen's Maplewood Heights #14 5. Utility Acceptance Project 85 -15 6. Licenses, C.N.W. Railroad Project 86 -03B E -A) ST. PAUL EAST METRO ECONOMIC DEVELOPMENT COUNCIL F) PUBLIC HEARINGS 1. 7:00 P.M., Preliminary Plat Woodlyn Heights Townhomes #2 2. 7:10 P.M., Variances & Plan Review 1918 Beam Avenue (Pier I Imports) G) AWARD OF BIDS H) UNFINISHED BUSINESS 1. Conditional Use Permit Revision 831 No. Century (Deese) I) NEW BUSINESS 1. Conditional Use Permit Renewal Co. Rd. C (N.W. Bell) 2. Time Extension Beaver Creek Anartrments 3. Bud Kolby 2nd Addition Petition Project 86 -33 4. P.U.D.--Reapplication Larpenteur & McKnight 5. Budget Transfer Signs 6. Contract Negotiations Computer System 7. Ordinance to Increase Sewer Rates (1st Reading) 8. Budget Transfer - Emergency Services 9. Pipeline Safety Resolution 10. Early Retirement Health Insurance 11. Authorization to Fill Police Departrient Vacancies 12. Authorization to Redistrict Precinct Boundaries i l (J)VISITOR PRESENTATIONS x K)COUNCIL PRESENTATIONS 1. 2. 4. 5. 6. dJJi yia3 dk,• r af` 8 f 9 10. L)ADMINISTRATIVE PRESENTATIONS M) ADJOURNMENT i 13 i r 4q DIVISION 2 1 t H tf FINANCE ADMINISTRATION DATE 11 f 2 ;/88 i'S 17 07, 29 22 --0814 C I T Y F J 1128, 88 O F M 'A P L. E W 0 w• s PROGRAM P R 10 MATHEYE ALANA PAYROLL CHECK REGISTER RE PC 07532 22- -7550 V I GNAL O DEL ORESRES A 818 m 85 2 53 54 DIVISION 22 ACCOUNTING 3676,26 CHECK. NUM EMPLOYEE NUMBER NAME PAY i 07 18 01--0103 OREA Y U JOHNJ C 400.00 07517 01-0480 WAS I LU K CHARLOTTE P 325800 01 518 01 6d vi ka 0751 01-7538 JUw E R FRANCES L 325.00 07520 01-8088 ANDERSON NORMAN 0 325m 00 Wil SN D I V I O I ON 01 LEGISLATIVE 1700,00 3, t 0752 02--3671 BEHM LO I O H 81 65 1 1 9 2 1 DIVISION 02 CITY MANAGER 3057, 85 Z21 1 07523 10--4474 JAH #DAVID J 66-47 s 746s , 4133 g^ f7 31 i 07525 1 0124 DOHERTY KATHLEEN M 717805 3 i c 07526 1 2- -0188 CODE LARRY J 242840 e 5 3 j i 1 M S. 5 y tt i 7 i 97 t oil 3 07528 21 --1078 FAUST DANIEL.F 1784. 88 3 i 13 i r 4q DIVISION 2 1 t H tf FINANCE ADMINISTRATION 1784 s 88 i'S 17 07, 29 22 --0814 HAOEN A RL I HE F J 1128, 88 Zj30 a iE w 185 7w.w• s 07531 22- -4448 MATHEYE ALANA K 846w19 07532 22- -7550 V I GNAL O DEL ORESRES A 818 m 85 2 53 54 DIVISION 22 ACCOUNTING 3676,26 DATE 11/25/86 PROGRAM PR10 C I• T Y 0 F M A P L E W 0 PAYROLL CHECK REGISTER REPO CHECK GROSS NUM EMPLOYEE NUMBER NAME PAY 4 07533.31-2198 AURELIUS LUCILLE E 1649u48 07534 31-9815 SCHADT JEANNE L 736,83 7 ti40 DIVISION 31 CITY CLERK ADMINISTRATION2388,31' 1 z 75,:b 33-0547 KELSE7 1 6, 36- 07536 33-4435 VIETOR LORRAINE S 6931 OS 07537 33-4994 HENSLEY PATRICIA A 6 521% 91 j CHREE JEANE"l- i E 7 _1 07539 33-8389 GREEN PHYLLIS E C 4'a 959,85 Sg DIVISION 33 DEPUTY REGISTRAR 3167n92 f 122 24 07540 41-1717 COLLINS-KENNETH V 1853u48 W I ZI141 1-2,35 RICHIE CHROLE 1480 07542 41-2934 SVENDSEN JOANNE M 942n38 7i 41-3183 NELSON ROBERT D 1619,88 r 128, 0 29 I ti..f 07545 1-7636 41-9263 UITIH 1 11 MART INSON Juy CAROL F 622o25 t 340 31 32 DIVISION 41 PUBLIC SAFETY ADMIN.8471.4 33 4,0 3 , 07546 42-0130 ZAPPA JOSEPH A 17922 erctf V RN 1\11 T 1 it: b 4, 07548 42-0457 SKALMAN DONALD W 1287u88 i' -3 07.549 42-0990 MORELLI RAYMOND J 1287,89 it 1 1 07551 l4r= •— I c V-1 1% 42-1364 ST FEN ARNOLD DAVID L 12— n 9 9!5 1455,26 07552 42-1577 BANICK JOHN J 1351m09 43 42— 1 SSW ON juHP4 14 07554 42-1930 CLAUSON DALE K 1311m88 t 07555 42 —2063 MOESCHTER RICHARD M 1398w55. H I Urllsolv-UNINI Pi t t 0 a r 47 07557 42-2884 PELTIER WILLIAM F 1455N26 07558 42-2899 SZCZEPANSKI THOMAS J 1070056 4 in.Htiu v i0ibe bW 150 07560 42-3591 LANG RICHARD J 1382w 09 53 54' 5 5 40 56 7 PROGRAM PR10 C%TY 'OF MAPLE[WC] PAYROLL CHECK REGISTER REPOF DIVISION 45 FIRE PREVENTION 2640.56 is 1 CFIECK NUM EMPLOYEE NUMBER NAME JANET L PAY 7 07585 46-0389 BOYER SCOTT K 701m 13 3 07561 42 —4801 RYAN-MICHAEL P 1528w 39 6 07562 42-4916 HERBERT MICHAEL J 1327. 08 o 07588 46-7030 MARTIN SHAWN M:959.49 07564 42-7686 MEEHAN, JR JAMES E 1373. 32 07565 42-7887 GREEN NORMAN L 1455.26 07567 42-8516 HALWEG KEVIN R 1509a 14 07568 42—STOCKTON 43-0009 KARIS FLINT D 1311u99 07571 43-0466 HEINZ STEPHEN 128 07573 43-1789 GRAF DAVID M 1336.68 07574 43-2052 THOMALLA DAVID J 1501u38 07576 3-4316 YOU .,~..-., RAZSKAZOFF DALE E 1351.08 ` 07577 43-6071 VORWERK ROBERT E 1498,62 07579 43-7791 iq MELANDER JON,A 1660,98 07580 43-8434 BECKER RONALD D 1336u68 DIVISION 43 PARAMEDIC SERVICES 07582 45-3333 EMBER-[SON WILLIAMS JAMES DUANE M J 1, 868aa-- 1256u68 DIVISION 45 FIRE PREVENTION 2640.56 is 1 07583 46-0183 RABINE JANET L 959.49 7 07585 46-0389 BOYER SCOTT K 701m 13 3 07586 46-1899 CAHANES ANTHONY G 1455, 26 o 07588 46-7030 MARTIN SHAWN M:959.49 DATE 11/25/86 C I T Y 0 E M A P L E W Q PROGRAM P R i O PAYROLL CHECK: REGISTER REPC 0 0 7600 52 CHECK T io 07601 52- -8755 GROSS JOSEPH NU f EMPLOYEE NUMBER HAKE CASS WILLIAid PAY a S 758 4 --72 6 FL.AUGHER JAYME L 957.77 J DIVISION 48 DISPATCHINGI RV w 5 07804 53-1688 88,4 w 8O 1 L.1189, 85 07605 53---2522 PR I EBE WILLIAM 17 07 51 --0267 BARTA MARIE L.664w O9 i 3 0! 5 1 51-3 4 WE J R 3 i t ; fi 75 51-- -8872 HA I DE R KENNETH G c17 08 54 --.611 i L L«. w DIVISION '-' 7 a DIVISION 51 PUBLIC WORKS ADM I N 2794,84 0759,E 52 --0547 MEYER GERALD W 1205.81inR 07595 52-1431 L.UT Z DAB I D P s 1 044! 52 7'8 lZr 1484 RE I HERT EDWARD A 1147.33 75i82-47 HEL•EY RO#AL.I?J 1125,5 j: 07599 52-6224 TEVL. I t JR HARRY J 1207, 8 0 0 7600 52 io 07601 52- -8755 PRETTNE R JOSEPH B i w 1580,62 07602 52 --8314 CASS WILLIAid C 1421 w 88 DIVISION 52 STREET MAINTENANCE Mi 121 L... 2 ! 0 7 EIZ 1 AS JAMES w 5 07804 53-1688 PECK DENNIS L.1189, 85 07605 53---2522 PR I EBE WILLIAM 1 141 w 85 53-3770 w 07607 53 - 4671 CEEEEL.E JAMES T 1 125n 85 07808 53- -•8109 GE I SL.ER WALTER M 1 147w 45 DIVISION 53 ENGINEERING 7194w 91 54 --.611 i L L«. w DIVISION '-' w DATE 11/25/86 4] PROGRAM PR10 C I- T Y 0 M A P L E W 0 1 PAYROLL CHECK REGISTER REPO t 37 C. CHECK 07621 62-0,341 1 = i Ams C 0 R T'i b jr 356 1 4 NUM EMPLOYEE NUMBER NAME MELVIN J PAY 076":3 62-3790 ANDERSON ROBERT S 884w 25 LINDORFF DENN fpj 981 a on il 07625 62-4121 HELEY ROL A ND B 3 07626 07610 58-1014 MARK NADEAU EDWARD A 1231,95 6 I'll T L-ES 07611 58-1590 07628 MULWEE GEORGE W 1123w35 1049u05 7 62-9784 07612 58-1720 NUTESON LRVERNE s 1 3.18 7860u3.7 07613 58-2563 BREHEI.M ROGER W 1180m41 STRRI S LRURR 07614 58-2582 07631 EDSON DAVID B 1218 w 45' 20m001 07632 63-2887 HOLLAND ANDREA M 45,001 12 j DIVISION 58 SAN SEWER OPERATION 6385u72 DENNIS M 11130 i ; o, 07616 59-9760 MACDONALD JOHN E 662n85 DIVISION 59 VEH & EQUIP MAINT 1776, 7O 231 07617 61-0389 ODEGARD ROBERT D 1665, 48: 17 18 B R E INIP I N rx tin i 9 3 9 7 3 3 t _3 61-1993 F%RUMMEL BARBARA A 342.52: 27 07620 61-2618 STAPLES PAUL INE 1322m 46 DIVISION 61 COMM SERVICES ADM IN 4203. 59 31 t 37 C. 07621 62-0,341 1 = i Ams C 0 R T'i b jr 356 1 4 07622 62-3411 GUS INDA MELVIN J 1327a26 076":3 62-3790 ANDERSON ROBERT S 884w 25 LINDORFF DENN fpj 981 a on il 07625 62-4121 HELEY ROL A ND B 1029.85 07626 62-5506 MARUSKA MARK A 1066a26 825076272:BURKE—'I'll T L-ES 10 7 4. 07628 62-8182 GERMAIN DAVID A 1049u05 07629 62-9784 HUNTER TONY 92,00 DIVISION 62.PARK MAINTENA NCE 7860u3.7 07-630 63-0170 STRRI S LRURR 8L a tila. 07631 63-1518 SHELDON LEO B 20m001 07632 63-2887 HOLLAND ANDREA M 45,001 11 DATE 11/25/86 PROGRAM PR10 C I T Y 0 F M A P L E W 0 PAYROLL CHECK REGISTER REP( 1 log Z9 i 31 3z 33 34 36 37 19 42 4 3 1.16 17 48 49 51 53 54 56 076 -055 1 07645, 71-8754 07646 71-8993 ul:suiq LIVINGSTON CHLEBECK GEOFFREY JOYCE JUDY L-- ri r- L.- r1% DIVISION 71 COMM DEVELOPMENT ADMIN 28142 73 uHubb biz i NUM EMPLOYEE NUMBER* NAME 0 1094w48 L 10', .8, DIVISION 72 PAY 2123,38 07649 73-0677 OSTROM MARJORIE 1353,05 DIVISION 73 BUILDING INSPECTIONS 4 3 74-0-7-76 07633 63-34,95 JOHANEK TODD 1-. N Li I.- KR 55. 0o it u 07634 63-4246 WARD ROY G 3 9 L*-*-" a 00 7 07635 63-5480 PODPESHAR KIMBERLY J 200 00 07636 63-5547 ORTH KIMBERLY A 82m50 07637 63-6422 TAUBMAN DOUGLAS i 1020w86 101 07638 63-7042 WARD KERI L 60 00 oIt 07639 63-9428 RAHN CARY A 60:00 07640 63-9694 ADAMS N I KK I 30w00 13' DIVISION 63 RECREATION PROGRAMS 1867.86 117 I sa a 1 +07641 64-obos UHEW UAME I M19:; 201 07642 64-0989 FLICK BARBARA L 5 9 5 280800 21 07643 64-4624 HORSNELL JUDITH A 417.32 23 125 DIVISION 64 NATURE CENTER 1556,77 1 log Z9 i 31 3z 33 34 36 37 19 42 4 3 1.16 17 48 49 51 53 54 56 076 -055 1 07645, 71-8754 07646 71-8993 ul:suiq LIVINGSTON CHLEBECK GEOFFREY JOYCE JUDY W 1b44, bd L 320v20 M 849,85 DIVISION 71 COMM DEVELOPMENT ADMIN 28142 73 0'7647- 2 '..' 07648 72-8505 JOHNSON THOMAS RANDALL 0 1094w48 L 10', .8, DIVISION 72 PLANNING 2123,38 07649 73-0677 OSTROM MARJORIE 1353,05 DIVISION 73 BUILDING INSPECTIONS 13 53. 74-0-7-7607650 1-. N Li I.- KR ROSERT it u 0 5 .076 51 74 --9223 G I RAM} LAWRENCE M 190w00 I I I Qh# 4 HEALTH INSPECTIONS 13 1 5. 8'5 i o 1 FUND NOT ON FILE 135653n93 1 J sf3 S GRAN? TOTALS 1,..,5R, J.1 1 ' 1 1 22 i i 28 j k i 1 i i Aoti by Couno:_l, MEMORANDUM o di T4: Cit Manager Rejected...—, FROM[: Associate Planner Johnson Date SUBJECT: Final Plat LOCATION: Hazelwood Street and Gervais Avenue APPLICANT /OWNER: Ed Cave and Sons, Inc. PROJECT: Cave's Barclay Addi DATE: December 2, 19$6 Req Final plat approval for 29 single- dwellin g lots. Comme Each of the conditions of preliminary plat approval -Y p pp 1 has been satisfiedoriscoveredbythedeveloper's agreement. Recommendation Approve Cave's Barclay Addition final P lat, BACKGROUND Past Actions 8 -11 -86 Council approved a land use plan amendment from RL to RM; a planned - unit development for 60 -fo.ot wide, 7, 50,0 square --foot lots and a street vacation for the proposed ` plat. Preliminary approval of Cave's Barclay Addition was also granted subject to: 1. Submission of a developer's agreement, with re uired surety, forqY all on -site public improvements. 2. City engineer approval of .final gradiri drainage _a ut:i.l. i.t yplans. 3 All lots in Block Two shall have at least q7,500 square feet above the designed 100 -year pond elevation. City council decision mb Attachments: 1. Location Map 2. Preliminary Plat 3: Final Plat (8 1/2 x 11) 4. Final Plat (separate enclosure) i 1 R 1 r- I a L.BC U t0 F " Ml B IC • -,11 11 . • 9 F 8fA _ 8C li r....IF F R 3 PUO R2 R2FoFe R _3CFv 4K R PU0 ' En 7 F• rNrr R R __.. R C P U 0 R R 'n If .. R R F R C I Vn) F MI` 2 Q o - F - R L R F w 4- FUGEHiL Rz E Mcnr _ Ml 4 R A tAC J o R ®C ; F I irBIC Ml [ SE.AN AVE .6 R W R Lac F i MI •--z _ x vM I a ,..._... . , .,. , GRMIOVI W AV • 1" R R M i ,. R TRUNK rwarMI MI • A MI , Ml L. RK ' 2RLBC) R. couNrY ® PtIOR2 R z R-3C R IELANO c? — R R2) q ®sT A C a R O I AVE C Cr T F 6URKE R 3 AVRL_ - _ E M I) (R R - 2 X27 BC R,. atE ~' avE ._, MI Soo -•' FFMA. a '^ ? r.N RYAN + ~ ON Ar • • x , R2) ROSEWOOD r F3 (R 2 F _ C! r ... RiF -- a H . FR $ QFENNLBC9CCOi( 1 ( w AV rr L.. . t a w R R, F RL1 o R F or ° a?: R (P w R R / F F Q cr RIPLEYoRr AVE z R w son A avE ° Q W `' W R d Y AV ER IR I W , F _• R2) - £ o : F I x RIC R AV R 3 R r ( 8 C i H1 z lip R R I ell NC .>` LOCATION MAP `• Attachment 1 i qb , J W 1 1 IX 1 I i r 1' Ui X Ix 0000p ra 177 ;.'.;.;.• O1 fi'6 2 C Z 1 1 X .: . ..... 0.•.......X.: X. : . xdid. x AVE rs W 4 do iop X. • '•:•••:•:••••:••::•:'' I SE'XT,4tY1 un WE P" O 1 r 1 o 1p o •:•:.:•:• • fA ''1 GERVAIS • rte , AVENUE Small —Lot Sin r• 1g e — Dwel Parcels CAVES BARCLAY ADDITION PRELIMNARY PLAT 29 lots Attachment 3 i i t r r 1 t1 r Proposed Final Plat _ Lj Attachment 3 1 w r l_J1.: 11 N.. rw •.•• •r S,•li. of '[VI ( t 1.. Ilit v Illt 111VtJ. 1 J I N., 1 • .. . , , n I r `-• Itr NHQ •52 +j W a (Ne. rn 1-..• •1Na• V2 el SL .I I II(r O S(('d 01 NNr /• I I 3 Lu CC 0O CaiZ Z. 4 \J • T r.5 loco' 1000 _ 90 Ou FU Oti 73 00 6.0n0 L St'0 i Q N II 7500 TSCU• _' __ 10 I: _ .0 _y t1, 1 SEXTANT r.AVENUE Irvti•ti 1 o v % h0% , to r S IIO nC AI \te?¢ a000 X000' r I + 9 t/I ' I II•2 fra to I 126 OT ' 'Ito 0 Nn. 111 r.., -1 Muv 0.%# ••. I N11000 cn "e9•st.s [ 9I 8n' N e9•s7' +s °c I L T 6 5 I r 3 IF0%0 [ I : -- W —z C, 1L O 10 Cl A r. $ •" [t MI t - - - tl n TS 00 91 Y.7S0OL. --.. -.. IIC 1•I• 1+ rl ! r11 TS t,A r. ,.r U r ,^It N r.ry 199 98 h jE N89" f4 03 n M r,J 1 .; ir1 N 10 •'1l 7 [ I w •^T ... `' .. ._ 1.. M .0 -47 4% L Ar 11 rl ..rr. n n I 1 • 7r• I 110 00 I 1011! / Z .ni I 00 !1 N e9• S7 1!' a rOI " /9.OI !9 w n w t rfl 11 fI..oil i r1 Ttl I I ^ o 4so a 9I 54'03" W -I I IZ 7 i .. r.... •1 .,,r r• rIJ IrrrI I 110 00 I 10170 ( I N M••ST •{ C J 1 N •9• SS •Si I., 1 1 4 •1 M8114 T IVIN n n 3 y 1 ) cn I IT - o I •.I z t s 1000 to0o I Irl GERMS AVENUE -L_ _ _ 27132 S N 89 "Wi 11. 11.11 r•r O.r /• I.n, If Nw-14 nl Srt 10. T .9.A 72 r 1:1.•r (. I II Ivt )51 r I I -,I r ( i ;I I ' I 1 t1 r Proposed Final Plat _ Lj Attachment 3 TO: FROM SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT: DATE* Re Final plat approval, MEMORANDUM Cit Mana Associate.Planner--Johnson Final Plat Sterlin Street and fli Aveni3e Good Value Homes, Inc. Action bHi CoUnCj December 2, 1986 Endorsed-, --------- Modif 10 R e 0 e c t e Date Three of the conditions of preliminar approval (three, seven and ei 2 remain to be satisfied. Verbal a have been reached but the preparation of the necessar deeds is takin lon than anticipated. These deeds should be available the week of. December 8. Recommendation Approve the Hi final plat if the unfinished conditions have been completed, BACKGROUND Past Action 7- 14 -86: Council approved the Hi preliminar plat, subj to: a, Submittal of a developer's a with re suret to the cit en for the.proposed public improvements, b. Submittal of a recordable quit-claim deed to the cit en to conve a public ri easement to the cit for the west thirt feet of proposed Sterlin Street from Hi Avenue to the north line of Phase One, c. Desi the southerl 33- x 207-foot portion of Lot One, Block Two as an outlot. This propert will be combined with the propert adjacent to the west., d Show a twent wide sanitar sewer easement centered on an alon the north line of Lot Fourteen, Block Three. Sanitar sewer shall be constructed to the west line of 2585 Hi Avenue, e Submission to the cit en of an easement ( s ) for public sto water pondin areas over portions of proposed Lots Three throu Ei Block Three and Lots Three throu Seven, and Nine throu Fourteen, Block Two, all in Phase Two, The le descriptions for these easement areas shall be approved b the cit en The applicant ma submit a recordable quit-claim deeds or plat Phase Two as an outlot and show the easements on the plat, f. Approval of the final grading , utilit and draina plans btheciten g . Evidence shall be submitted showin tha't Williams Brothers' Pipeline has approved the width of the proposed pipeline containment easement and that the proposed crossin of the pipeline at Valle View Avenue has been approved, h. Evidence shall be submitted to the director of communitdevelopmentthattheprivatenorth/south access easement over the easterl part of the plat has been eliminated, 2, Council also rezoned this site from F, farm residence to R-1, sin dwellin mb Attachments: 10 Location Map 20 Preliminar Plat 3, Final Plat ' 1/2 x 11 4* Final Plat (separate enclosure) 1/ LOCA MAP 3 Attachment 1 w rnajo r collector •, cu i -nwood Ave, LM cc c Ca 1 0 a[ , W wu 'Will cc Ae / Phase Two J p, Ph se 0ne S C major collec ri ;u r f 1 a toile oriu tv H ghwood Ave. r own -• : w i e 4 Cc C /\ OL s OSr7 _-+ only,( % 7 r milli I '" 1 '•' tollectorlION r w w i Jtf i 1 Preliminary Plat Approved 7- 14 -86) 4 Attachment 2 as r "it. •wn. a 02.)4 s i wra'as'fE HIGHWOOD Final Plat Proposed 5 Attachment 3 i I JIDO0 tt1 /. /? AAS9 ,n L 3 Z, .,W 4WAW : Z 33 ii d tt 77 II $ b aaK , SS saw l.!!tI :it • MM.00 AIs9'SrM'f MM5.01 AM99'J9 56'E s VVALLEYV /£ ,VEAW ff If p aa 7D 10 .TT.. 661i . jj WWj r' c vv ,KK3.a1 2 k.bt ll X 11 ' / o m OAa10 LJl1 V m w u lI3Ol W u l W Ner1!'1i E A 11.4 Sr, V. r A6164 aCOlO yy /-0 11DiJ !a!'w'I!"Ul MMOO/ ii }m ? 7 Ov 7 3 'M EEXCEPr1av aa_ O IwsI"AXPrxW QQ yak D ,i0 .3w ar/Yr d N* - %V //7 A/E 114. S-C. ti . n . a., «l //I.I GGl.e+.s.l 3.. i 111r+rlr wN G1 , Ih I r+weoJ ' 0 . ON „ moo 300u - N 'aN6/11pQD AAVE +nn N/15D1N101G1D AVE 88 - •, $ AlYCHWO NI!'3737"11 NSr193i'E ,'; ZZza" NI9 PPtf7p 56 MMOO— i S(U cd xr d f1>r f V feet d t1Je £ l.2 31 - IA- n,:tl //4 5er: /3 JJ. line of Me 3W /AA, A/E 114, - NN8905-9,56T S RRe/»sy e+uoty cost n HIGHWOOD Final Plat Proposed 5 Attachment 3 i I A i MEMORAND T0: City Man aer FRO g M: Associate Planner -- Johnson SUBJECT: Final-Plat LOCATION: Lydi Avenue, East of Standrid g e Place APPLICANT /OWNER: Tilsen Homes, Inc PROJECT: Robert Tilsen Maplewood Heights No. 14 DATE: December 1, 1986 Acti 'y Coune Requ En.dors ed.--, .,...,_,:.. Final plat approval. ed..d 0 Comments Rejeeted...., Date Each of the conditions of preliminary approval has been compliedomplled withascoveredbythedeveloper's agreement. Recommendation Approve Robert Tilsen's Maplewood Heights No. 14 final 1p at. LOCATION MAC 3 Attachment w 1 t 5 1 117r ls(i j N r-- 2 cn X fig. --- .- t ,W X 0 O ° Na W J: CL cn w F=- a w 0 a PRELIMINARY PLAT 4 Attachment 2 t i 1 • s City property 10 12 4 . Pond X 2369 B Curve I I 0 b o Z i LYDIA AVENUE 1 i 1 e t w. , • • .w lR I Alec ~~~ Is HE(GHTS ' NO. 9 v Robert Tilsen's Maplewood Hei- No. 14 P roposed Final Plat) Li MEMORANDUM TO: C Manager FROM: Assistant City Engineer SUBJECT: Maplewood Hills Quads City Project 85 -15 Acceptance of Developer Project DATE December 1, 1986 Action by Council Endorse Mod if fief Rejected.. Date The developer, Good Value Homes, Inc., has completed all requirements of the Maplewood Hills Quads project, located at Mailand and Dorland Roads, and has requested that the city accept the project for ownership and maintenance responsibilities, It is recommended that the council accept the utilities dedicated for public use on this project by passing the attached.resolution. jw Attachment RESOLUTION ACCEPTING UTILITIES FROM DEVELOPER WHEREAS, the .City Council of.Maplewood, Minnesota has hereto— fore entered into a Contract for Public Improvements for City Project No. 85 -15, described as Mapl ewoo - d Hill s Quads with the developer, Good Value Homes, Inc., and, WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that project is - completed and the utilities are hereby accepted as a part .of the distribution systems. Action by Co cil.a Endorsed MEMORANDUM Modif il ed , ej ected.. TO: Cit Ma Date erY9 FROM: Assistant City Engineer SUBJECT: Water Service District No. 6 Improvements- -Trunk Mains Ci Project. 86-03B Construction Licenses with CNW Railroad DATE: December 1, 1986 The construction of the trunk:water main along the Sterling Street extended alignment requires construction in the Chicago and Northwestern Railroad right —of —way. Approval of this construction is' contingent upon the city and railroad entering into an agreement, a 'copy of which. is attached. The agreement stipulates certain insurance requirements, which have been arranged with the contractor, and also requires the payment of an annual fee. of $180.00. It is proposed that all future payments of this annual fee be made from the hydrant fund. It is recommended that the council approve this agreement and authorize its execution by the mayor and city clerk by passing the attached resolution, Jw Attachment RESOLUTION -- APPROVING CONSTRUCTION AGREEMENT WHEREAS, the council has ordered made City Project 86 -03, Water Service District No. 6 Improvements, Trunk Water Mains portion, . and WHEREAS, the approved project plans call for construction of water main and ,a storm sewer culvert within the Chicago and North- western Transportation Company right -of -way, and WHEREAS, said company requires a. construction agreement with all . right -of -way users, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the construction agreement with the Chicago and Northwestern Transportation Company is hereby approved for execution by the mayor and c i t y clerk, Oorm 2036 - Page 1 Revised 1981 CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called "Company) her lenpy} y c ses the CITY OF MAPLEWOOD, MINNESOTA, (hereinafter called "Licensee" •to construct,. maintain and use a 16 inch water main and a 15 inch culvert hereinafter called "facili upon the pro _ perty and under the tracks of the Company at East St.Paul, Minnesota, in the l oca.tion and position,and in accordance with the specificationsficationsP shown on mapsp dated October 21, 1986, . here- to attached marked Exhibi "A". "6" and "C and, by this reference, made a part hereof, The foregoing license i s given upon such express terms andPp conditions as are insertedbelow, ow, as well as those contained upon the subsequent printed and should the Licenseepages, see atanytimeviolateany ' of said terms or c o n d i t i o n s , or use or attempt to use said f a c i l i t y for any other or different purpose than that above specified, then the Company ma at its option,immediately revoke this license, p y y The foregoing license i s subject to the following conditions: For the p r i v i l e g e s herein permitted the Licensee shal 1 ay to the Company i np advance, achargeofOneHundredEightyDollars ($180.00) per annum, or fraction thereof, beginningDecember1, 1986, subject to revision at any anniversary billing date. The Licensee shall require its contractor to furnish the Company cerpya ficate ofinsurance, with the Company named as additional insured, showing amoun and t '9 types of .insurancecarriedbythecontractorwhichshallprovidepublic1iabi1ityinsuranceforbodilyinjuryyand ipropertydamageonbehalfoftheCompany n an amount of not less than $1 combinedsinglelimitsperoccurrence. The certificate shall contain a commitment by the insurancecompanythatitwillgivethe _Company thirty days advance notice of an cancellationation fyo orchangeintheinsurancecoverageshownonsuchcertificate. Such insurance i s to be approvedbytheCompanybeforetheLicenseepermitsthecontractortoproceedwiththesaidfacility , P construction of FIRST. . The work of construction and maintenance shall be done and 'comp 1 et ed i n goodandworkmanlikemanneratthesoleexpenseofthesaidLicensee. •ee. Say d work shall be done i nsuchmannerasinnowaytointerferewithorendangertheuseofthepropertyan g p perty or tracks of theCompanyy, or the operation thereon of any engines, cars or trains. The Chief Engineerneer ofg theCompanyshallhavetherighttoinspectsuchworkfromtimetotimeandt 'o require such changestobemadeaswillinhisopiniondecreasethehazardsincidenttosaidf -but any suchac 1 i ty,inspection or requi red changes or any fa i 1 u re to so inspect, or t 'P o require changes to be made,shal 1 not effect any of the obligations assumed by the said Licensee hereunder.SECOND. The said Licensee shall bear the cost of all rotecti on whichrequireforitstracksor p w ch the company maypropertyduringconstructionandmaintenanceherebyauthorizedandofallrepairs, changes, additions or betterments to said Company's track or property madenecessaryonaccountofsame. If in the judgement of the Company it shall be necessaryprovidesupporty tppportforitstracksduringtheworkofconstructionormaintenancetheCompanyw'P y 11providesuchsupport, and the entire cost thereof will be paid by the said Licensee promptlyupon .receipt of b i l l therefor. r Form 2036 — Page 2 Revised 1981 . THIRD. The Licensee shal pay all taxes, general and s eci al licensebecomedue P cense fees or - otherchargeswhichmayorwhichmaybeassessedagainstthepremisesoftheCompanybecauseoftheconstruction, existence, operation or use of said fa mP ny facility, the Licensee, or thebussnessconductedinconnectionwithsaidface1ity, and shall reimbureimburse the Company for anysuchtaxes, - 1 i cense fees or other charge which may be aid b the CpresentationbtheCPYCompany promptly upon theYmpyofbillstherefor. FOURTH. The sai Licensee will give to the Chief-Engineersda ' noti i n of the Company at least tenywritingbeforeenteringupontherightofwayoftheCompanyforconstructionorforthe mP Y Company reserves the right purposes, purpose of making necessary repairs, The ' gh t t oijudgeofthenecessityofrepairstosaidfacility., and to requirere th ' repairs upon ten days' n ,q a Licensee to make suchPynoticeinwriting. In such case, said Licensee may enter u on 'right of way without the ten days' notice above y P said Y ove referred to, and shall proceed forthwith tomakesuchrepairs, and upon failure to do so within ten days, the Company •to repairs and Y mP ny shall have the rightmakesaidcollecttheentirecostthereoffromtheLicensee. - The Creservestheright, in case in its opinion the safety f its Company y tracks or property demands it, tomakeemergencyrepairswithoutnoticetotheLicenseeandtocollectthecostthereoffromLicenseeashereinprovided. FIFTH. Licensee agrees that i n the constructs facilion, maintenance, and use of the face 1 qitwillcomplywithallapplicablelaws,, including, but not limited t o, any laws, standards,ons, or permit requiregulations, relating to environmental of lut i o and indemnify p nor contamination or tooccupationalhealthandsafety; Licensee agrees to and hold harmless the Co anfromanyandallcldemands, lawsuit, or liability for 1 y death and all ex loss fines, damage, s n ju ry, andexpensesandcosts, including attorneys fees, resulting from or arisingthe. constructi maintenance or use of out of the facility, including any discharge or emissiontherefromorfortheviolationofanylaw, standard regulation, ontoenvienvironmentalpollutionon re g or permit requirement relatiporcontamination, on, ty is subject to and or to occupational health and safety,iSIXTH. It s understood by the Licensee that said facilit y q mayincreasethedangersandhazardsoftheoperation -i p of the railroadroad of the Company, and that this1censeissubjecttoa1risksthereof. Therefore and. as a ma •material consideration to theCompanyforenteringintothislicenseandwithoutwhichtheCompanywillnotentersame,.Licensee agrees to assume and pay for all loss or damage to proper e g P P ty whatsoever, ses i nci dentthereto, however arising from and injury toordeathofanyperson, or persons whomsoever, including all costs and ex penmorinconnectionwithexistence, c 'onstruction, maintenance,repai r, renewal, reconstruction, operation use or rem •+oval of said facility, or any defectthereinorfailurethereof, or the failure of the Licensee or members offsemployeesoftheLicenseeto .abide b cers, agents or y or complyly with any of the terms or conditions of t h i slicense; and the Licensee forever indemnifies the Com againstns •harmless from an and mP Y 9 t and agrees to save i tr u ry and death, costs and ex y all claims, demands, lawsuits or liability for an such loss damage,injuryj expense, even though y ge 'P ough the operation of the Company's railroad mayhavecausedorcontributedthereto. Notice to or knowledge bionbthey the. Company of any act oromiyLicenseewhichisormightbeabreachbytheLicenseeofanofhrconditionsonsofthisAbAgreementtoythetermsn 9 • e performed by the Licensee, and the acqui escense by theComp.a.ny in or to such act or omission, shall neither be considered to relieve the Licensee ofanyobligationassumedbyitunderthisparagraphnorbeconsideredto ' an of an r be a waiver or releasebytheCompanyYYgsgrantedtoitunderthisparagraph.SEVENTH. The Company reserves the right to use occupy nd e 'and right of way, such purpose, pY enjoy its tracks, propertyyppe, i n such manner, and at such time as it shall desire thesameasifthisinstrumenthadnotbeenexecutedbyit. If an such 'change, repair, renewal removal use shall necessitate anyalorrelocationonofsaidoranartthereofhLicenseeshallperformsuchworkatsuchtimeastheCompanymayapprove y P t e and if the LicenseefailstodososuchworkmaybeperformedYPdbytheCompanyattheexpenseoftheLicenseeandthesaidCompanysha.l 1 not be liable to the Licensee on account of • an m any damage growing out of anyrusewhichtheCompanyyaymake, of its tracks, property and right of way ,yIncaseanyofthetermsorprovisionsofthislicensehavebeenperformedorcarriedoutpriortotheactualdateofexecutionhereof, it is understood and agreed 'shall nevertheless be of the same that this license e force and effect as though same had been executed b thepartiespriortosuchperformance, y Form 2036 Page 3A Revised 1981 EIGHTH. The Company shall have the right at any time to revoke this license by giving thirty days notice in writing to the Licensee and at the expiration of the time limited by said .notice, or upon any other revocation of this license, the Licensee shall promptly, and in the. manner directed by said Chief Engineer, remove all construction hereby authori zed from the premises of the Company and leave said premises in the same condition in which they were before the instal 1 at on of the same. Upon defaul t of the Li censee so to do, the Company may remove the same and restore its premises, and the Licensee will promptly pay to the Company the cost . of so doing. NINTH. The waiver of a breach of any of the terms or conditions hereof shall be 1 imited to the act or acts constituting such breach, and shall never be construed as being a I continuing or permanent waiver of any such terms or conditions, al.l of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. TENTH. This license is personal to said Licensee and is not assignable or transferable, without the written consent of the Company being first obtained. ELEVENTH. In further consideration of the Company's giving to the Licensee the rights and privileges above specified, the Licensee, by the acceptance of this license, hereby agrees that it will not levy or assess any special tax or special assessment against Company or against or upon Comp properties for the construction or use of the improvement of which said facility is a part; and, the Licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims, demands, lawsuits or l i a b i l i t y whatsoever for any such. special tax or special assessment. If notwithstanding the foregoing provisions any such special tax or special assessment shall be levied or assessed upon or against said Company's properties, the Company shat 1 have the following elections to wit; a) Company may make such payments as may be necessary to satisfy and discharge any liens for such special tax or special assessment and in case of such payment the Licensee agrees to make repayment on demand with interest at the rate of five per cent (5 %) per annum from the date of such payment so made by Company. b) Company may file this license agreement for recording in the office of the Recorder of Deeds of the county in which said properties are located and such filing shall constitute a complete discharge and release of any lien against said Company's properties for such special tax or special assessment. c) Company may terminate this license by filing notice of termination with such Recorder of Deeds for recording and forwarding a copy thereof through certified or registered mail, postage prepaid to Licensee whereupon all rights, privileges and interests herein granted to Licensee shall immediately cease and determine with the right of Company to make immediate re -entry and without any further obligations or any l i a b i l i t y on the part of Company in respect to any payments, setoffs, counterclaims, recoupment, crossbills or cross demands. All rights, remedies and elections of Company shall be cumulative. TWELFTH. Licensee further agrees that there is no benefit to the Company's properties, either for railroad use or for any possible use in the future from the construction of the facility or project of which said facility is a part. Form 2036 - Page 4A Revised 1981 In Witness Whereof this instrument is executed this day of 19 ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By Assistant Secretary Vice President - Engineering Pursuant to authority granted by resolution of the of the CITY OF MAPLEWOOD, MINNESOTA, adopted The undersigned, the" Licensee mentioned in the foregoing license, hereby accepts the same subject to the terms and conditions therein stated. CITY OF MAPLEWOOD, MINNESOTA ATTEST: By: (Seal Mayor City Clerk lop 15' RCP SEE EXHIBlrT B FOR DETAILS TO ST.PAUL TO LAKE ELMO 3P,5 47.5 STA 263+90 WATER LINE. SEE EXHIBIT"S. -§,,A,N.D C FOR DETAILS I A PROVID R11IDGE ENCUM.F." G R ir YV APP 10-2 o4 •. r r ' G'aMAA uw/Cg r /OA/ AAAO /0 e 5 IWVA L ARAV L A/E L iNE S M SIDE TRK. SIDE TRY,. MPu PJ TRY, JINCsLE GF n Z C/Q,O .S S 1JV G t1 W q w o j„ 4 r yYf AVIV MATE' /AL SceiED CAB lK 4 I 4t k o aQ. Qom. 444 h1MENS 1DA( ",6M MAW n h rAmAl r 4RE ra AC A g1w4r A Es 4 a W r,d 7 AfAlAl TRAGIC. C lIRAT" EL y Z1, %t! ALL LDC • yR PZZ45 TAL IS RZAC E D. PLANJ VIEW - •A/0T T?' SC.0.LE•LO[.khIG. 1 v., 1 AFIW L /Mg- MArA/ T.PX . Raw Z AMC- 71 84.5E OF RAIL Z .y t aL 9 ,3 S/ ZE L A14TN O .o /PEE' UrP S /ZE L1F AUG yOG E pleo"IcIl.so VA!5 - AIOT" D .56ALE-LOOK.lN6___N T Yp /LAL DRAU/IAlG EV9169 A 24 T Y7 7 A rN I A 4 A EXHIBITOn= aig 10--21 -86 1AN5RE APPLICASLe ,SUPPLY ALL DIME N5iolvs MIDICATED• L -13 APPL1•CATIOtl To THE CHICAGO AND NORTH WFSTE.WI TRANSPORTATION W%fPANY FOR PERMISSION TO CONSTRUCT AND MAINTAIN A PIPE Z,INE ACROSS THE RXGHT of WAY OF FrAID TRANSPORTATION COMPANY. Fu.11 .legal nam. c o a Ii can t CITY OF MAPLEWOOD rr_•g rrrirr •.r Jlaili address • EAST COUNTY ROAD B MAPLEWOOD NIN 55109y State whether .indi vidual , corporation or partnership. If partnership, list name of each partner. If a corporation show State in which incorporated N.A. Loca of proposed pipe 1 ine . (Show di s t:n ce from nearest City or Town plus Secti on, Township and Range .) WITHIN CITY OF MAPLEWOOD SEC. 24; T. 29; R. 22 Date of approval desi red p ATTACH LOCATION PLAN SHOP71NG TIE TO FIXED OBJECT ALONG RAILWAY.* I.E. CENTER LINT BRIDGE, CENTER LINE GRADE CROSSING, AND A CROSS SECTION ALONG P.IPV LINF, , FROM FIELD SURVEY, SHOWING PIPES IN RELATION TO ACTUAL PROFILE OF GROUND AND TRACKS. ALSO IN -. CWDE ANGLE OF. CROSSING I17 RELATION TO TRACK. Furnish following construction details: Ca. rri er Pipe rr _ ..•r•.r rrrnr_. C -L nc Pine 8p.E LONr Contents to be handled ............... . . . .:WATER:MAIN Inside di arr t er ....................... :.16"30" Material and tyre of pipe..:.............DUCTILE IRON STEEL Specifi and grade of pipe.......CLASS 52 SC H 30 W'a,I1 thickness .......................... 0.37 „ actual working pressure................ :.8 0 PSI 0 PSI Typ of joint ............................ SL I,P JOINT WELDED Coat n Method of BIT.BIT,BIT. JACKED OR AUGERED Protection at ends of casing: Both Ends RRTC'_K k MO RTARC end Type Bury: Base of rail to top of casing 8 ft. 9 in. Bury: (Not benea tracks ........... 9 f t . - in. Bury: (Roadway ditches) 0 0 0 0 .0 0 0 0 .... _ft. _ in. Cathodic protection NON RE1LARKS : If application is granted, the undersigned agrees to cxecute Transportation Comp - any's standard form of license when submitted,and to observe all the terms and con- ditions thereof . DATE Ozmpj NOTE: There will be a minimum for the preparation of the license sub- ject to change upon any unusual developments. This charge is not to be con - fused with any annual or one -time ren charges. EXHWIT C 14 -21 -86 r A SAINT PAUL AREA CHAMBER OF COMMERCE 600 NORTH CENTRAL TOWER, 445 MINNESOTA STREET SAINT PAUL, MN 55101 612/422 -5561 Act 1Qn by Council, at Mod 1fl Ed.,- -.-,, Rejected Date__ November 18, 1986 Hon. John Greavu, Mayor City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Dear Mayor Greavu: This Is a formal request for the City of Maplewood to become a partner in the Saint Paul East Metro Economic Development (SEED) Council, a joint venture of the Chambers of Commerce and municipalities in the eastern half of the Twin Cities metropolitan area for enonomic develoment promotion. The plan for this Council Is described In the attached "Joint Venture Proposal." Your community's contribution to this joint venture would , be: 1. To provide economic development information about the community, such as demographics, current developments, development sites available, and other Information relevant to handling development prospects. 2. To provide information about the process of economic development In your community, such as the typd of development that your community encourages, the types of assistance that the municipality provides to development prospects, and the steps a prospect must go through to get a development approved. 3. To provide financial support to the joint venture at a suggested rate of $2,500 (minimum) to $5,000 per year, budgeted for at least three (3) years. First year funds should be remitted to the "Saint Paul East Metro Marketing Fund ", in care of the Saint Area Chamber of Commerce, at the above address. If you have any questions, or if there will be a City Councll hearing to consider this request at which you would like a representative present, please advise Ken Klxmoeller or Eileen Mix at 223 -5004, or your local Chamber. Thank you for your consideration of this request, I look forward to the City of Mapiewood's participation In this landmark joint venture. Sincerely, r James A. St Ipestad' Vice Chairman Economic Developmen and Convener, Saint Paul East Metro Economic Development Council enclosure: Saint Paul East Metro Economic Development Council Joint Venture Proposal cc: City Manager /Administrator t SAINT PAUL EAST METROPOLITAN ECONOMIC DEVELOPMENT Council A JOINT VENTURE PROPOSAL Between the East Metropolitan Chambers of Commerce and Municipalities for Economic Development Promotion CONTENTS: 1. Purpose for a Joint Venture 2 2. Organization Structure. 3 Affiliation 3 Management Structure 3 Staffing 4 4. Goals and Strategies 5 3. Proposed Budget and Funding. 7 4. Action required to move forward. 9 Revision 7, 11/17/86, Page 1 East Metropolitan Joint Venture Proposal - -- 1. PURPOSE: An East Metro Economic Development Joint Venture. The purpose of the proposed coalition is to have an organization that can act In the joint economic development Interests of the East Metro communities. These communitles are defined as those In Ramsey, Washington and Dakota Counties which consider themselves to be Saint Paul suburbs, plus Saint Paul itself. The general purpose of the Council will be to perform business development marketing for the greater East Metro community. This includes market planning, promotion efforts, and prospect handiing. A promotion fund will be set up in Joint venture between the chambers of commerce and municipal governments in the East Metro area. This fund would be used: First, to implement an Immediate program of marketing the entire East Metro region to Commercial and Industrial real estate brokers and developers, companies In the Metro area that are contemplating immediate expansion or relocation, and residential real estate brokers and builders. Second, to establish and implement a long -range program of business retention and attraction, to ensure continuing growth. R e v i s i o n 7. 11/17/86, Page 2 fast Metropolitan Joint Venture Proposal - -- 2. organiz the Joint Venture. Affiliation The SEED Council would be affiliated with the various chambers Of commerce In the East Metro area, conjunction with the communities themselves It would.be organized as a "public- private partnership" reporting'In function to the boards of directors of the area chambers of commerce. This structure would have the following advantages: The chambers bring the voluntary efforts of top area executives, industrial development leads from several sources, an in -place long -range development planning structure, and existing organizations which cross municipal borders. Independent status would allow for fund raising possibilities beyond existing chamber members, and a greater degree of management flexibility than would otherwise be possible. Accounting support for the Council would also be provided by the Saint Paul Area Chamber, Management Structure A Management Committee would oversee the organization. it w111 consist of 15 to 18 key leaders from the chambers and the communities (elected officials, city managers, economic development commission chairs, etc) that would be agreeable to all of the partners. The assumption is that It would be broadly geographically representational. This Committee would to the various chambers' boards. Revision 7, 11/17/86, Page 3 East Metropolitan Joint Venture Proposal Staff Initial staffing would be provided.by the Saint Paul Area Chamber of Commerce, including its manager of economic development, who would serve as the primary staff person coordinating the market planning and execution. In addition, the current economic development secretary /Information specialist would support these activities. The informal East Metro planners group has offered to provide some.technical and Information support to this effort. In addition, the staffs of the other partner chambers would supply as much assistance as possible. Anticipating the Increase in workload that this activity would create, It will likely be necessary to increase staff, either by a loaned executive, or by hiring through the promotion fund. The positions that need to be filled, in order of Importance are: Economic Development Assistant — supplements and supports the activities of the existing manager. Primarily responsible for handling prospects in all stages of the selling cycle. w Secretary — for all of the above individuals. (which would free the secretary /information specialist from above to give proper attention to maintenance of the economic Information dataabase) . Revision 7, 11/17/86, Page 4 East Metropolitan Joint Venture Proposal ---- 3. Goads & Strategies Initial goals for the coalition would be to: 1. Establish an Identlty for the region. Portray the g region as the greatest area of significant opportunity In the Twin Cities Metropolitan area today. 2. Demonstrate our commitment to accomplish significant change In Twin Cities development. 3. Selle the many attractive amenities In the community, such as housing In the rYgea ea, F attractive land for more development, better traffic conditions, and much more. 4. Demonstrate current demand for commercial and Industrial development In the area. ix II' This would be accomplished by: Creating professional marketing materials for the East Metro area such as brochures, u es, advertisements, and video r productions. rx organizing selling tours to educate for real estate developers /brokers and residential home builders /brokers. Developing and presenting the long -range marketing plan for t commercial and Industrial development to significant developers to accelerate real estate development plans. z Organizing "one -on -one" selling to specific, targeted developers, companies, or both, which potentially have a substanclal, positive Impact on the economic development of the area. Revision 7, 11/11 Page 5 r • East Metropolitan Joint Venture Proposal - -- Long -Term Growth . In order to ensure that the East Metro.area continues to grow at a healthy rate, a long -term strategy for development must be developed and Implemented. The goals of such a program would be: To establish an ongoing program of assisting and retaining the businesses that are already hers for It is from them that long --term growth in Jobs will come. To identify industries that provide fob growth opportunities and develop a program to market the East Metro area to them. To provide a strong venture capitol community for new company growth. 4 To target specific areas of opportunity, such as the attraction of foreign capital to the area. Other economic development initiatives, as they are Identified. t Revision 7, 11/17/86, Page 6 i East Metropolitan Joint Venture Proposal 4. Proposed Budget and Funding Activities Video production development and distribution. f Initial cost estimate $50,000. Update Cost. estimate $10,000. Bus tours for real estate developers /brokers. Aproximate cost $1000 /tour. Advertising in key Twin Cities business and real estate Journals. One ad in each of four (4) journals. Aproximate cost $3,500. Brochure and direct mail promotion development and execution. Target audience 1000.X $6 /piece, total $6,000. Misc. sales budget for selected direct sellin opportunities, assistant, and related expenses, total $40,000 /yr. Budget Item #/1987 #/1988 #/1989 Video P roduc t .l on* 1/50 0/0 Bus Tours 6/ 6 6/ 6 6/ 6 Advertising Impressions 8/28 6/21 6/21 Direct Mall Impressions* 4/24 4/24,000 4/24,000 Misc. Budget 301 ,000 321 ,000 34 TOTALS 132 83 95 Potentially donated or partially donated. e Revision 7, 11/17/86 Page 7 i N I I East Metropolitan Joint Venture Proposal --- With the exception of the Assistant position, the Saint Paul Area Chamber of Commerce will provide staff salaries and overhead for the forseeab le future. Revision 7, 11/17/86, Page 8 Funding The following are th sources to fund the above effort: r Communities:Minimum contributi $2 I x Average cont $3 Major Corporations.Minimum Contribution in 5,000 Average Contribution 6 Utilities Newspaper Major corporations Real estate development firms Commercial real estate firms Financial Institutions Small Corporations/ Land Owners:Minimum Contribution 500 or $10 /acre. Yearly Funding Group 0 $ 1987 1988 1989 MINIMUMS Communities 16 0 2 40,000 40 40 Major Corps.6 0 5 30 30 30 Small Corps.20 @ 500 10 10 10 TOTAL 42 80 80,000 80 AVERAGE Communities 18 0 3 54 54 549000 Major Corps,1.0 0 5 55 55 55,000 Small Corps..25 0 500 12 , 500 12 12 TOTAL 53 121 121 121 HIGH Communities 20 0 3,500 70 70,000 70,000 Major Corps.15 0 6 90 90 90 Small Corps.40 0 500 20,000 20 20,000 TOTAL 75 180 180 180 With the exception of the Assistant position, the Saint Paul Area Chamber of Commerce will provide staff salaries and overhead for the forseeab le future. Revision 7, 11/17/86, Page 8 r East Metropolitan Joint Venture Proposal -- -- 5. Actions Required to Move Forward. Month Activity r' I Design /Print Brochure for Councll. Request funding from various communities.. Assemble the management committee. Solicit funds from land owners, brokers, etc. by mail. 2. Begin process of selecting advertising agency. Gain commitment for the project from communities. Solicit Corporate commitment and contributions. Secure Interim funding. 3. Choose advertising agency. Begin marketing material production (Video /Print). Testify, or otherwise obtain community commitments. Refine /gain agreement on Initial marketing plan Collect small and large corporate funding commitments. 4. Continue production of marketing materials. Finalize marketing plan. 50 Complete marketing materials. Implement marketing plan: Promotion blitz. First media advertisements. First direct mail ads. 6. Second media advertisments. Prospect handling. Bus tour preparation. 7. First bus tour. More promotional activities. Revision 7, 11/17/86, Page 9 N*r MEMORANDUM TO: FROM SUBJECT: LOCATION: OWNER/APPLICANT: PROJECT: DATE: Cit Mana Associate Planner--Johnson Preliminar Plat Woodl Avenue.and McKni Road Mack Nettleton Woodl Hei Townhomes No 2 November 13, 1986 Action b Council ej Endo rs e Modif ReJ Date Re Preliminar plat approval for four town house lots, an outlot for the common drivewa and three lar remnant parcels for future development. Proposal 10 Refer to pa 7 for the confi of the lots, 2 Lots Two and Three would be developed with two more four-unit town house structures. Each lot would be replatted into four lots and an outlot. 30 No plans have been made for Lot One yet, 40 Outlot A would be owned in-common b the owners of the town house units, and be maintained b the homeowner's association. The drivewa and uttlities to each unit are located in this area, Recommendation Approve the Woodl Hei Townhomes No. 2 preliminar plat, subject to compliance with the followin conditions before application for final plat approval: le Cit en approval of a grading and draina plan for the entire propert The plan shall also provide dikin as needed alonthenorthpropertlinetopreventover-land flowa from a break in the pipeline, 2. All of Lots 2 - 7 and as much of Lot 1 as is necessar for effective draina of Lots 2 - 7 shall be graded accordin to the approved grading plan or a developer's a shall be entered into with the re suret to guarantee completion of this grading , 30 A developer's agreement shall be entered into, with the re suret that includes, but is not limited tor restoration of WoodlAvenuefollowinconnectiontopublicutilities. 49 A 20-foot wide draina easement shall be centered on the common lot line for Lots One and Two, f 50 The city shall approve the homeowner's association bylaws and rules. to assure that there will be one responsible party for the maintenance of the on -site private utilities and driveways. 6. A written statement shall be submitted to the city from NSP and Amoco authorizing the grading proposed in the approved grading plan. 2 BACKGROUND Site Description Size: 6.69 acres with 1,121 feet of fronta on Woodl Avenue. Existin land use: undeveloped, Ea.se. NSP power line and Amoco pipeline easements cover the north 150 feet of the propert (See the map on pa 7 The pipeline would be 170 feet north of the proposed dwellin units. Surroundin Land Uses North: NSP power line and Amoco pipeline easements. The propert is planned for RM, residential medium densit uses. East. a four-unit town house structure, South Woodl Avenue, Across the Street are sin dwellin West: undeveloped land plann for RM, residential medium densit use, Past Action 4- 22 -85: Council approved',the Woodl Hei Townhomes preliminar y and final plats for the four-unit town house propert abuttin to the east (see pa 6 subject to: 1. Pa of the back taxes and delin assessments a the entire propert If these costs are not paid prior to the re for final plat approval, an agreement acceptable to the cit attorneshallbeenteredintotoarranforand/or secure pa of these items at closin 2. Cit approval of the homeowner's association b and rules, to assure that there will be one responsible part for the maintenance of the on-site utilities and drivewa 30 Plat the remnant parcel west of the four-unit town house as an outlot4a 4 Dedication of ten feet alon the east boundar of the site to 2 .increase the west hAlf of McKni Road's ri to 43 feet, 5. On the final plat, the si trian must be shown that is of record at the interesection of Woodl Avenue and McKni Road, 8- 26 -86: The community design review board approved the site and building plans for the proposed four -unit town house structure. Planning 10 Land use lan designation: M 'P g R , residential medium density. 20 Zoning: R--3, multiple dwelling. 30 Permitted density: 22 people /net acre. 4. Proposed density: 15.1 people /net acre. 50 The proposal meets or exceeds all lot dimension requirements. Public Works Storm sewer, water main and sanitary sewer are available to the site. Procedure 1. Planning commission recommendation. 2. City council decision following a . ublic hearing,g jc Attachments 1. Location Map 2. Property Line /Zoning Map 3 Preliminary plat (8 1/2 x 11) 4. preliminary Plat (Separate enclosure) r1 AY..1A..f.u...:i •.. .;.li•..tfi'...nt..r...v ..... ....... . .. . i .. i.. .. .. ... .. ... ... •.tr: . +.;,.. .: . i. . na-. q.. wMtlwnr+RCMIt.l1MlYlIwwYN.MMC! Q WHITE BEAR LAKE f8 70 IIIIIIIIIIIIIIIIIIIIIilljl GA m W ac . a E OR NER MW woo W o FUR SS = CD O Y p1A CTS N U U x A 9N9vr3 '` LAKE RIDGE ' .. • ; STAND- Ix Lam Y AP cn a 3 9 x MAPLE VIEW ,v SILVER Rlk16kT"'- 0 MA LL POND . CJ 1 a (21 PR/ VATS STREET Y KOHL MAN AV (WSSAB/ AV) NORTH SA PAUL co > 0 2 > . : :1 li y N z T29N,R22W W •.,324. _ X E EHILL RD '01 OEMONT AV ~AM N dEM/p , Co AV XTAN T AV a G LR AIS GE I ERVAIS AV VIEW AV W CT rQ Y v, NG DR TIE 36 Knuckle Head Lake COPE 5'' ` v m Co : a r LOCATION MAP Attachment 1 5 4 N 1 263 63' IG3 f.3' , 8517? f loo IZo' zo 17a eo roc •. 3 3 34 ac 4t &C .41ac .2fac. j Nac- M Q Qn Ff% Q 13.30 ac. 1Z, - ss., - IO 7so 1 340 0301 + O 7 3I o poi ro + b 31.0 'a) o .y so o a 30; W4 T 140/ in lw I'. ' : t t:O Y N a::N N r I S w — H E Srr • :: I. X . S a 4 L A s...- s- st -s_- ti fe1t it fat "i•i"' '.r 1,0) \\ r OJT SOT A j 4 11 1 i 40 A J ) b C3 in o - 3i a l o - 112) 1 00MrZ9' (3 ° ' 11 4 134. ° u awe ftl o ;33 o t o . SAar R 4 28 '' (z) 16 17 14 / c 21 22 0 O In 4*0 v (3) ''~ ' 10 %ay ` - 0 - 0 - ) CO 44o ) j ?1) N Zj) .n » a31111x : i' Ln _ L dr 1 - 14 11 , 0 1 20 n 2Ga (i3 2 (03 V.3 0. 0 ro. lZZ' 0 M M 84 c h +I 'A 1 2 i/ _7 12 13 _ 19 a '. 3 ° (l ° Tad N FOR wrVIN in cso ll<<+ i1 ! a ` 11 5oc 7 iW - -- - - - - -- p.arol11Z Jao1Ip D TOL471 U -06 N L s. _ _ __ _ _ l O O.e 7 2 r A r aocYfoDiC 4••'1."0 - 014 r 40 135 )S , a 103 w _ Ior . 1040 s .00 104 S' 0 30 105 e•+ ion 30 30 - inr - -.- - - co - 3 . o o. 1 J 30 I o M 1 2 3 2 r 1 j 1 +) t 2 p" 3 3 4 10 1 I A I w ., ' r 151 v. { '-" _ ( 601 3,X0.11 100 104. 1. O 103.17f 94a i11 rr!•+ I a 0 lo• O as 0 9 d 2 2 6 h 3 /.'S' • • - 14 h •4s., - 3 2 h- _ 23 of C t "Tt - --- s . , L r 3 w PROPERTY LINE /ZONING MAP 6 Attachment 2 4 N r T So 0 1 OC C rC.,A `!3 [t MVA TIOw Op TO• GI •Ywr[D •r[ ACCOMOr11O TO AMOCO IOCAIpA - - J - '•• _ `• t ` _ \ - —.i T McCO: YTul3t.a - I•Tl:p( O ...yam —.. ^1y —_— _' _ — y ) .° " N' 94 A• ,y / \ / i , 1 i - - /. T.Q! Z4.0 /.0 5767 ' ir t? , `` \' ~ 1 , • / —_ J f , (/I Ow{'Ar% i!/ . '—' .•' Qe \,` 7 3e r / I to tt- 978 .13 ) r / - - - -- __ T — b \ ` F _ __. \ •;a _ - -- _fib ( Rq ^Ep Lt v. •.a ••,. r ••a al• - or Ir- ; .. ,'" __ _'. — --- -_ —_/ - - - - -- i , OUTLOi'3.3 •. , moo; _ _ _ .— — —.itcTwrc Jf' :(06 _ ![ v/3Tr. •1r.t T .., 3!7 IT. OI !TCL • lG. _ _ - -- - _% ,.r . -_ - .. ._ 3sirT. Oi .•• Cl. I, riC; =• iron.._.. y - sswr _. - ...._ ...._ - "c_' - - 3 - '__4_R.L•.. : .no.. INV 3• IT o C4. rr i - _ r •w-- ._. • 1 \ M. •w•r wry •u ra ' r .. c. -- :•Toe'i'..'__ __a.e+..... •• v ....._ .._ 3•. e• L._,.'o,r « Ir_...... !!....oi- fit'IT.• WA/w_ % I - - ..—.' :'' ---•> - --- -CLll_ L_l - iC l_L]1. _.•Av It NINIRNIIIA PRELIMINARY .PLAT 7 Attachment 3 I t Lj i[ : + . .. .. .. _ .. r ., .+, ...,... ...... „.. . .. .. ..+. r..M+riw...rrrrrWMil.rllu... .. . .i . . .. .. .. ........ .. ... . As 'Preliminary Plat - Woodlynn Heights Townhomes No. 2 Secretary Olson said the proposal is a preliminary p l a t for four town house lots, an outlot for the common driveways and three large remnant parcels for future development. Staff is recommending approval as outlined in t h e i r report. Mr. Nettleton was present and questioned the requirement - to obLa i n written statements from NSP and Amoco authorizing the gradi on their e aseren is . He did not have this problem when he constructed on the lot nex door. Commissioner Barrett moved this item be tabled until the deve I.o er and citPycanreachanagreementontheneedforapprovaltograde. on the easements, Motion died for lack of second Commissioner Whitcomb moved the planning commission recommend the city councyl approve the Woodlynn Heights Townhomes No. 2 preliminary plat, subject to compliance with the following conditions before application for final plat approval: 1 . City engineer approva of a gradingn and drainagenae 1 an for he 'i g g g p t entire property. The plan shall also provide diking as needed along the north property line to prevent over --land flowag from 'g o n a break n the pipeline.ne. 2. All of Lots 2 — 7 and as much of Lot 1 as is necessary or effectiveyefect ve drainage of Lots 2 — 7 shall be graded according to the approved gradingPPgngplanoradeveloper's agreement shall be entered into with the requiredsurvtoguaranteecompletionofthisgrading. 34 A developer' & agreement shall be entered into with the r surety,that includes, but is not limited to, restoration of Woodl nn Avenue 'y enue followingconnectiontopublicutilities. 4. A 20 — foot wide drainage easement shall be centere on the CUlrllilOn lot l i n e .for Lots One and Two. 5. The city shall approve the homeowner's a s s o c i a t i o n b l a r Iryw - lI malestoassurethattherewillbeoneresponsiblepartyforthemaintenanceoftheon —site private utilities and driveways. 6. A written statement shall be submitted to the city 't y i ronr f 1{ ( rrd llrrroc,oauthorizingthegradingproposedintheapprovedgradingplan, Commissioner Cardinal seconded Ayes--Commissioners Cardinal,F i of a Fischer, son Sigmundi k, Whitcomb Nays -- Commissioner Barrett y . f _ t t MEMORANDUM Action by Council: TO: City Manager FROM: Thomas Ekstrand -- Associate Planner Endorse SUBJECT: Variances and Building Design Review Modified LOCATION: 1918 Beam Avenue Rejected. The Shopping Center GroupAPPLICANT: g p DateOWNER: Richard Schulze PROJECT: Addition for Pier I Imports (formerly Occupied by the Best Buy Company) DATE: November 14, 1986 Request 19 Approval of two parking space variances and a parking lot setback variance. 2* Approval of design plans for an a d d i t i o n On the rear of the building and remodeling of the front, Summary of the Facts Proposal: 1. The applicant proposes to construct a 1,392-square foot addition to the existing 6,056- square foot building to be used as additional stockroom space. The additional space will be added to the south side rear) of the building. To accommodate the expansion, the existing six -foot high cedar -board fence will be moved 15 feet south and P laced on a 2 1/2 -foot high concrete retaining wall. The wall will be designed to insure that run -off from the parkin lot . does not flow south to the g neighbor's yard. The additional 15 feet of land will be paved with blacktop. Plantings moved as a result of the expansion will be replanted south of the new fence line to soften the effect of the fence, The addition will be constructed Of the same type of masonry units as used on the existing building. Renovation will include removal of part of the masonry units on the north side front of the building and replacement with glass display windows. In addition, a new fabric canopy will be installed across the front of the building. 2. Refer to the attached plans and narrative for further information on the proposal. Variances (three variances are required): le Only two of the 34 parking spaces would be ten feet or more in width. Section 36 -22 (b) requires that at least half or 17 spaces be ten feet or more in width. A variance, therefore, is required for 15 spaces. 20 Thirty -four spaces are proposed, only 32 spaces would be provided if half the spaces must be ten feet in width. Section 36 -22 a) (6) , requlr,es 38 spaces. A variance, therefore, of four or six spaces is required, 3. The parking lot would be extended to within five feet of the rear lot line.' Section 36 -27 (a) (1) requires a 20 -foot setback. A variance, therefore, of 15 feet is required. These variances should be denied because the state required findings page 4) for approving a variance are not met and there has been traffic and parking congestion around this site in the past. Also, if the variance to allow the nine -foot wide stalls is denied parking would be reduced from the current 34 spaces to 32 spaces, while the building would increase by 1,392 square feet. It is true that the addition is for storage, but all businesses have storage,g This is included in the formula for calculating parking spaces (one space for each square feet of floor area) If the variances are denied, the applicant will have to purchase ad'd i t i onal land to the south or find a tenant that does not require a building addition. Recommendation 10' Denial of the two parking space variances and'a arkin lotPg setback variance on the basis that: a. Strict enforcement would not cause undue hardship because of circumstances unique to the property under consideration. 1) The property has and can continue to be p ut to a reasonable use. 2) If additional land cannot be purchased to the south a tenant that does not require an addition could be found, 3) A precedent may be set that would affect future cases b. The variances would not be in keeping with the spirit and intent of the ordinance. While Pier I Imports may be able to make a case for less parking, the city cannot control use of the space by future tenants. 2. Approval of plans to remodel the front of the building, 3. Denial of plans for the addition, on the basis that arkin would not meet code requirements. P g 2 Site Description BACKGROUND 10 Site size: 28,420 s feet, 2* Existin land use:, the former Best Bu Compan buildin Surroundin Land Uses Northerl Beam Avenue and the Maplewood Mall, Southerl sin dwelliing , Easterl Kentuck Fried Chicken, Westerl Sherwin Williams and the Paper Warehouse Past Action 8-23-83: The desi review board conditionall approved the site plan, 9-27-83: The board approved the landscape plan, 6 -8 -84: The cit approved a l o t s plit to create this site, 2-11-8,5: Council amended the trash dumpumpster screenin or as the resultofarebtheBestBuCompanforavariancetouseawoodenenclosure, rather than masonr as wasas previousl re PLANNING CONSIDERATIONS 10 Zonin BC (M), business commercial (modified 02* Ordinance requirements, a. Section 36-22 (b) --Fift percent of 90 de parkin spacesshallbeatleastten-feet wide and 20-feet lon and fiftpercentshallbeatleastnine-feet wide and twent lonexceptforowner-occupied multiple dwellin b* Section 36-22 ( a ) (6)--Commercial uses shall have one parkin space for each 200-s feet, or portion thereof, offloorarea.- c 0 Section 36-27 (a) --A landscaped area of not less than twentfeetinwidthshallbeprovidedwhereanonresidentialusewouldbewithin200feetofresidentiallzonedpropert 3. Section 367.10 Subdivision 6 (2 of state law re that -the followin find'in be made before a variance can be granted: a. Strict enforcement would cause •undue hardship because ofcircumstancesuniquetothepropertyunderconsideration, b. The variance would be in keeping •p ng with the spirit and intentoftheordinance.. Undue hardship" as used in connection with the .granting of a variancemeans -the property in question cannot be ut 'to reasonable 'P nable use i f usedunderconditionsallowedbytheofficialcontrols. 'The plight of thelandownerisduetocircumstancesuniquetohisproperty,by the landowner, and q not createdthevariance, if granted, will not alter theessentialcharacterofthelocality. Economic considerationsshallnotconstituteanunduehard alone ship if reasonable use for thepropertyexistsunderthetermsoftheordinance, citizen Comments Staff notified abutting wners about 'g ut th 1 s proposal and requested theircomment. We received three replies. Two commercialmerclal properties wereinfavor. The resident behind was opposed, PP (See attached letter,) jc Attachments 1 Location Map 20. Property Line/Zoning MapP3. Site Plan (reduction) 40 Current Site Plan 50 Fence and retaining all designgn60Adjacentneighbor's response70Applicant's - .letter of justification8. Site plan and building elevationsons (separate document) 4 C'3 C F F BC B I 'F M) 8C rr ll F A Q F F .,I t 3C Ly r • , I R ' R 30 1. J .? J R a• I L FR CF R R . F I F R LBCt , L n iL I M n• RI WAY __......._. Ml AVL 9 ,R t C._... R 3 C uwTr L R C J R L _ L r l r R t Rt • " N D __ :. _ ' ^ T _a 1. J l ' C ' r f p LlN; T Li'N AvE RRR- - -,!, _._. - - R3 ' A1C c l ELkI,X,EJ 6 C ( ,3 — - --] -tRI - F F + . `r K M A F r = r I 1 F R - n n O LOCATION MAP 5 Attachment One 4 N 1 0 60') ' W N 05 0o of Cu F/L £ No. 3 79 / 6 O '4 %}' Z so . P.1 26 + 50 E '`3075140 W _ `° 100 , ZO Burger2 - ..._ r Ki ng Rn. Proposed Pier Z ',t• t 84 ac. a Z A7,r' h5005o Hi rshf i elds Kentucky Fried C jot U a C-. Uso N nn 0IBC {, .'., +' 1 i I !T PE.-RA r ofmil"k-m" 0 v r C- 625. z•) 0 CoC9058 4 Sac. 5.4 ac.0 AI 0 ro 04 6 58 o2.5 PUM MOENmin -. 8 y ON O 12- S -19807G, 54 Cv C -14z. Zo) -- '' + 36v 9.4 cu OAT J - - _54.tn) eu. - -- -- 05O o _ PUD sm O - Awlmw LA i2t2 S CJ M, OU T ta is s.. •i+ •:y. ,' . a - - ... Y.;!u ... • ,..i. / PROPERTY LINE /ZONING MAP 6 Attachment Two 1 1 lu v be kO r N o for E V a K 0 q 2s. I v lug N O \ rl IL Io tjN ra111n0_ IP141IS1Y3 M a 7 Attachment Three I rpt I Q 1- N O s J Q all ur e at was ON . Iso 0 q 2s. I v lug N O \ rl IL Io tjN ra111n0_ IP141IS1Y3 M a 7 Attachment Three rpt Q 1- N Ci s 0 q 2s. I v lug N O \ rl IL Io tjN ra111n0_ IP141IS1Y3 M a 7 Attachment Three e O raw f e ' r i L' lI1 b' NGLoSIk LL O O h N 3 u.NG. 1 • - GONG' MAT o EiuyT. EL . T.L. 30 FT. ACCESS 3 CUR SITE P LAN 8 Attachment Four GUaR CAP 13.I SU i .0 p A R BOAR C) FEN 51-A 6 6w 50A RD 5 dfH s I DE s OF. J = E Q CEO 4411 SPAcEE 4 4 G E p 4 8EA 4 11 DAR POSTS POURED C Af RETANitiG WAIL o CEl7pR 6pARD ' SECTION - f:ARTIAL ELF.'VATIOQ Fe C. c> vN E D A RcHiTEGT' 12- BesT BuY co Iq 18 BEAN( ASE MAPLEWOOD Attachment Five October 31, 1986 Oral K. Jordan 1905 Rad'atz Maplewood, MN 55109 BUILDING AUDI I lull — VI tK I iilirvRTS This survey is to get your opinion on an applicationdeve.o r the city has recei toppropertyinyourneighborhood. The applicationis for a variance toallowPierIImportstoexpandthereararkinlottothP9elotlineat1918BeamAvenue (the former Best Buy building). See the enclosed map. The applicantproposestobuildascreeningfencetoconcealtheparkinlot.9 Your opinion is needed to assist the city staff and planning commission inpreparingarecommendationtothecitycouncil. Once this survey is completeYouwilbenotifiedofanypublicliu y p d ' c hears ngs. . Please indicate your opinion and comments belowo and return this entire lettertomeintheenclosedpostage —paid envelope b November 10Py 1986. If you wouldlikefurtherinformation, please call me at 770 -4560 between 8 a.•m, and 5 p.m.Thank you for your comments. They will be given careful consideration v l• . c..l_Le THOMAS EKSTRAND — ASSOCIATE PLANNER Enclosures am in favor of this ro osa l because:P p I have no comment I object to this proposal because: If you object, descri e below or draw on the enclosed mawouldmakethisprojectaccePtable . P any changes that X-4/4 4 < 7 1 C q 1? Attachment' S i CITY OrA ODM.ZL.k. P 1=4 E W. 0 1830 L'AS'1' C0.12UAll 13 1[Al'L1;VUl)ll, hliNN1;S(YI'A 551(.)9 OFFICE Oh COMMUNI'T'Y DEVELOPMEN'r 612 7 0 500 I tS. f 4 W.. . iR?Itli: !fMIiAsjFKs ' !ia 7ta¢ ze" j Awlool Gf2r -L L, 1 NARRATIVE DESCRIPTION OF APPLICANT'S PROPOSAL EXPANSION AND RENOVATION OF FORMER BEST BUY CO, STORE, 1918 REAM AVENUE The applicant, Brody Associates, Inc., on behalf of RichardM. Schulze, President of Best Buy Co. and owner of the subjectt.premises, propos P es to construct add it ions 1 storage space toaccomodataPier - 1 Imports which desires to occupy he buildinggandoperatetheirtypicalretailstoreontheremisesafterBestBuyCo. moves to its new fac P North of Maplewood MallintheTownCenterprojec, t Pier 1 Imports intends to occupthepremisesunderaten (10) year Lease with two (5 yearroptions . A copy of their Letter of Intent is attached As you are aware, Best Buy's use of the buildinguilding has beenintensesincethestoreopened. This has necessitated ht e construct ion of the new fac-ility, Pier 1 Imports is a retailerofimportedcasualfurniturefurnishings •i gs and clothing. TheUrbanLandInstituteParkingRequirementStudhasdeterminedStudymedthatparkingrequirementsforstoressuchasP'ier 1 areone -third that of a store such as Best Buy Co. It is because ofthatdifferencethatapplicantbelievesh •t at the parkingsituationforthesubjectpremiseswillbegreatlyimprovedwithYpaththePier1occupancyofthebuildinnotwithst 'g, andconstructionofadditionalstoragespace* Bas ica l ly, applicant proposes to constructtruct a 1, 392 squarefootadditiontotheexisting6,056 square foot buildingq1i.ng t o beusedasadditionalstockroomspace. The additional space willbeaddedtotheSoutsid P 1 1 e (rear) of the building. Toaccomodatetheexpansion, the fence will be moved 15 feet Southandplacedonaretainingwalldesignedtoinsurethatrun—of ffromtheparkinglotdoesnotflowSouthtotheneihbor's arTheadditional15feetof g. Y d land will b e paved with blacktop,Plantings moved as a result of the expansion w i l l be replantedSouthofthenewfencelinetosoftentheeffectofthefence. The building unit s as used on removal of part of the building addition, a new of the building. will be constructed of the same type of masonrtheexistbuildineggRenovationwillinclude of the masonry units on the North side (front)and replacement with glass display windows . In fabric canopy will be installed across the front A variance for parking is required as the code rovides spaces and the site tan accom da spaces, P P o to s only 34 Pier 1Importsbelievesthatthisisadequatefo anticipated q r t1e usage Narrate Disk #15 12 Attachment Seven r f MEMORANDUM Action by Council *I Endorsed T0: - Mod1'fied .City Manager FROM: Director of Community Development e doted owl y p DateSUBJECT: Dege Garden Center DATE: December 2, 1986 The city council, on November 24, gave rel i mi n rpreliminaryy approval to a revisedconditionalusepermitforthisproperty. Mr. Dege' s request to include a garage was not approved. Council requested a draft of the revisedwordingbeforeafinalvote. In addition to approvi ng a f i nal resolution council should establish adatebywhichthegarageistoberemoved. J Attachments 1. Resolution 2.. Staff report (11-13-86) Pursuant to due call and notice thereof a re ular meetin of theggcitycounciloftheCityofMaplewood, Minnesota was dP • my called and held in the council chambers in said city on the 24th day of Novembe r,1986 at 7 p.m. The following members were present: The following members were absent: WHEREAS, George Dege initiated a conditional use permit revisionforaparkinglot, outdoor sales area and residential ara eg_ g in an R-1 zone at the following-described .property: Lots 31 and 32, Block 1, Cahanes Acres This property is also known as 831 North Centur y Avenue,,Maplewood; WHEREAS, the procedural history of - this conditional use ermit isasfollows:p 1. This conditional use permit revision was initiated by GeorgeDege, pursuant to the Maplewood Code of Ordinances, 2. This conditional use permit revision was reviewed b theMaplewoodPlanningCommissiononNovember1 Y 7, 1986. The planningcommissionrecommendedtothecityouncilthatYsaidpermitbe approved. 30 The Maplewood City Council held a public hearingg on November24, 1986. Notice thereof was published and ma i led P ursuant to lawAllpersonspresentatsaidhearingweregivenanopportunitytobePPyheardandpresentwrittenstatements. The council also consideredreportsandrecommendationsofthecitystaffandPlanningcommission. 4. The city council gave reliminar approvalPy to theconditionalusepermi.t, except for the residential24andtabledfinalactionuntil garage on November December 8 , 19 8 6 to have theresolutlonrevised. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL thatthe1971conditionalusepermitforanoff -- street arkin lot isPgrenewedandrevisedto. allow an expansion of the parking lot from 28to3.3 spaces and an outdoor sales area, the residential garage is denied, on the basis that a garage is "Parking" I g •g g not parking as envisioned n the original conditional use permit and is, therefore, beyond the scope of a nonconforming use, Approval of the permit is based on the following findings: 2 1 4 The use is in conformance with the city's comprehensiveivep planandwiththepurposeandstandardsofthezoningcode. The parkinglotandoutdoorsalesarenonconforminguses. The parking lot is needed to comply with city parking requirements . 2 . The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that .zoning district . . 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbin g to present and potential surrounding land uses, due to the noises, glare,smoke, dust, odor, fumes, water pollution, water run -off, vibration general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular trafficfis on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area 'properties. 70 The use would be serviced by essential ublic services, ces, such as streets, police, fire protection, utilities., schools and parks. 8. The use would not excessive additional requirementsatpubliccostforpublicfacilitiesandservices; and would not bedetrimentaltothewelfareofthecity, 9 . The use .would preserve and incorporate the site's naturalturalandscenicfeature's into the development design, 10 The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 10 The site plan submitted by Mr. Dege on October 27, 1986 except for the garage, shall be considered as part of this ermit. An e must be a p Ychartgapprovedbythecommunitydesignreviewboard. 20 The parking lot may only e used for parkingcenterbuilding. Y p rka.ng for the garden 3. No commercial use for sale, storage, display 'g , p ay or advertisingsignsofgardenmaterials, plants, or an other kindsds of_ goods shallbeallowedanywhereonthelegallydescribedroerttowhichppyhthisconditionalusepermitisissued, except under the approved canopy,py.The canopy shall not be enclosed. Sales shall be limited to nurser r i l through S YplantsandcoveringstrawfromApgSeptember. No other typeofsalesorstorageshallbeallowed, 4. No portion 'of this site shall be used for truck or trailerstorage. Q 15 Review, renewal or revocation of this permit shall be in accordance with city code. 6. Any trees on the site. that die must be replaced, 70 No exterior lighting or speakers shall b e - a l l o w e d , Adopted this 8th day of December, 19860 Seconded by Ayes-- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS . CITY OF MAPLEWOOD ) I , the undersigned, being the duly qualified and appointed clerkk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the 8th day of December, 1986, with the original on file in my Office, and the sameisafull, true and complete transcript therefromm insofar as the samerelatestoaconditionalusepermit. Witness my hand as such clerk and the corporate's 'seal o f the citythisdayof , 1986. City Clerk City of Maplewood, Minnesota MEMORANDUM TO: City Manager FROM: Director of Community DevelopmentYpSUBJECT: Conditional Use Permit Revision or Revocation LOCATION: 831 N. Century Avenue PROJECT: Dege Garden Center DATE: November 13, 1986 SUMMARY Request Revision or revocation of a conditional use er 'p mit. Summary of th Facts 10 Mr. Dege would like to finish construction of a 58 by 13.5 foot783squarefoot) garage. The garage would be used to store his RVtrailerandatrucktohaulthetrailer. R 'trailer* ( Refer to Mr. . Dege 's letter on.page 13.) 2. The city issued a building permit for the 'g P garage In error. Whentheerrorwasdiscovered, a stop -work order was issued. The stop -workorderwastemporarilyliftedtoallowcompletionoftheroofto prevent damage to the building. 3. Several neighbors have etitio for r •P revocation1On of the permit,t.Refer to petition on page 15.) 4. The city issued a Conditional use ermit with 'p th 11 conditionst1ons onJune3, 1971, to allow construction of a parking lot on Lots 31 and32, Block 1, Cahanes Acres. (See page 10.) Conditions l 2 anwouldhavetoberevisedtoallowthegarage ' 6 a. Condition One states that "the submitted arkinp g planarchitecturalsiteplanpreparedbyBather, Ringrose, Wolsfeld Inc., dated May 3, 1971 shall be the approved and govern P lanlayoutandcontrolonallsiteplanning, development, and land use." In addition to the garage, the parking lot has been expanded from 28 to 33 spaces, including a drive for the garage. b. Condition Two states that "the special use 'p permit for 28 off- street parking spaces shall be restricted for parking use only relating the existing business establishment known as 'DegegGardenCenter' as it is presently constituted in terms of total retail floor space and retail ground areas." The garage would be used for personal, rather than business use. 59 There are also problems with several other conditions: a Condition Five states that "no commercial use for sale, storage, display or advertising signs of garden materials, plants or any other kinds of goods shall be allowed anywhere on the legally described property to which this special use permit issued." Plants are sold under an outdoor canopy for several months. Mr. Dege has been doing this for many years. The only city approval was a permit issued on March 23, 1981 for a temporary structure with a plastic roof that was removed on July 31, 1981. Since then, Mr. Dege has reconstructed this addition with a year -round plexiglass canopy. b. Condition Six states that "no portion of the approved parking lot area shall be used for truck or trailer storage." The parking lot would be used for the RV trailer and truck. c Condition Nine states that "the special use permit to use the site for off - street parking shall be assigned to the Degeg Garden Center. Any change in the occupancy or use of the current Dege Garden Center shall not give future occupants any rights to the use of the parking allowed in this permit. Further, should the Dege Garden Center vacate its business premises, o out of business o g r abandon its current site, then the special use permitforoff - street parking for Lots 31 and 32, Block 1, Cahanes Acres, shall become immediately null and void and such parkinglanduserightsinthispermitshallnotbetransferableor negotiable by the permittee (Mr. Albert Dege) to any future occupants or.. purchasers of Dege Garden Center property located at 831 Century Avenue North." This condition is not enforceable. The courts have ruled that a conditional use permit must run with the land, not the owner, d. Condition Eleven states that "the permittee (Mr. Albert Dege) shall sign a waiver agreement with the village which specifies that he, as the permit holder, waives any legal claims for damages or business loss against the village should the village withdraw the special use permit. Also, the agreement shall provide that Mr. Albert Dege shall not be able to use the special use permit parking area as an item of claim against an ov g Yotherlevelofgovernmentwhichshouldacttophysicallyimprove and /or widen Century Avenue where a condemnation of land might be necessary for additional widening." There is no record of such a waiver. No widening of Century Avenue is expected that would affect the parking lot. 0nmmor4 --c• The main objectives of the city in this case should be to provide the minimum amount of code required parking in the least objectionable wa neighbors. ' YpossibletotheneigTheparkinglotexpansionprovidesneeded parking. If the building is sold for another use, the parking lot will be needed. The trees provide effective screenin g for the neighbors. The outdoor sales are seasonable, have been going on for years and have not been a problem. The garage under construction is smaller tha allowed b code for a residential garage and is screened from view b the trees, Recommendation Approve the followin revisions to the conditional use permit, that . will allow the garage, outdoor sales and exp parkin lot for one year (additions underlined and'dele'tions crossed out 1,, 44 3 U Lj ", 1_1 g ---- a -t-ec t u r- a..:...__s t e .... p.l a n-.. - p r e --'X ILA qz;: 6- %_4 j " J. se C= 3 A YWIW -A- &-:P L.a.pp,re.v e a-nd---govern-i-n and - control on all site plannin development, and land use The site plan submitted Mr. De on October 27, .1986 shall be considered as part of this permit, And chan must be approved b the communit desi review board* g- --- --- r n- e --- e - i- s t .-n - ----- hu--s-f"-s--s of I reta iIt.;; NA e rms f I d a 20 The parkin lot ma onl be used for parkinq for the garden center buildin su-i-faee jz f -street rte --A. A la-n-d-&cj-ap4-n-g--t-r-e-a-t-menLt----a_S___Spec i-f -i ed...on the plan shall- --be tc ) allowanee :E e r use Lor 3, No commercial use for sale, stora displa or advertisin siofgardenmaterials, plants or an other kinds of goods shall be allowed an on the le described propert to which this i -a--1 conditional use permit is issued, except under the approved canop The canop shall not be ' enclosed, Sales shall be limited to nurser plants and coverin straw from April throu September. No other t of sales or stora shall be allowed, 4 portion of tho _axapr__QuQa this site shall be used for commercial truck or trailer stora parki area s1va-14-A&.L. JLJL A %_ 3: nee r a-n.d—SLlia-l.-I--be--re-s-al--ved--.-and49-e- ed p r -i o-r-- e aeupane A.- b3+43 %.A i-.s - -e.p ; -, „ r .-- e - - t---- .h- a-- - -- b.... j . ._.t a..._.. e .._l. e ,.___ -a - -t -- _......t h e- d i scre.t. -i on - - -.o f_...._.the - - -v i..1'1 age ....counc- i-1--at -. -anyt ime - the counc,i 1. has re , as- a .r.__t -- r-evIew ---- . t . he -.. ... perm. i- t.._.. d. ue..-.. to.-.... neg... l... i ..g.en.c.e.- ...:of.... rice. ;..- ..chan .. -i planning or- -_; development._.. co.nd- -- t-- i- ons _- _- 3n----- t- h- e--- a- r.a. eo.nd..:.tion.s..- of......the perm t j _..or.. '.jus.t.l f --ied and proven - citizen complaints .r_+- + e -A. _ - 4 n --- .- d - ns r a- h. -l-e- amt -e-v % I'r -% s u e - ---pe- 3- .: .__T ow , E) % .; y -- e r m :i. r- -xxa e- - e= : -s -i-e aka- -r a n= e m e n t __' o f .. a h e . a n :: s h a l l ... _ r ep p g P`.. quire -a peg-=- ea.g..p€edr- pefed.n Yt} i e. pa.l.._ ion i ng code, 5. Review, renewal or revocation of this perm shall be in accordance with city coded parkin g shall he_-_-aSSiUnQd_J:a-- - -.D.e g.e -.--G a-r.d. - t e r ......._...Any - changes in the ate -yam r-- .-thy- s --Q -- t e-- .-e - r- .. n . D e ... ax e n _.center s h a l l not give f .u-tu -r -e---o -e -,u. p a n- t- s --.e-n y -.,_ - r .,_ }. g h t s- ,._..t.o--- _t.h.e. -.. u- s e- of the ._ ...par k i .n g a 1- l -owed _. - n t h s_ mia-- .'urther , should _.tie__.Bege....arden center -vacate its business ndan._ ..... .e ._.cur rent .. bus i ness . s i to , t -e -- tie -- aec -iaW -.use .Mpermit for...._o .f-street parking for Lots 31 and 32 B ere -~- 4-- I-- -c.a.ha nes -_"A-c - -__s h a.3...i:- ---be -core _..immediate 1 y null and vo -i d -and e ights.n._.ths permlt shat ]. not be transferable o r _. n eg e-, e Wit- tee a A. rc-- ..en.tru -ry-- - ue _..Na-r= th n p e .- -use e r -m -t-- -m s -t- } e e x e r c i -s e d_:_ by o b t a i n i ng a drivewa eons e t -peT-Fn- d a te- _.. -o.f ..._ f i n a 1--- _..v. -i 1 -1 ag e c o u n- ---,ap eraa-1-- -t pee - m 6: - The gpermttee (Mr. Albert Dege) shall sign a waiver agreementwiththe , city which specifies that he, as the permit holder,waives any legal claims for damages or business loss against the V ' ~ city should the - -1- .p city withdraw the s-- conditionalpeusepermit . e -ire --h raerbe--- .o--- u -s.e -- --w - s a 3: z - h-e. a a . r k,i -p p g .. ax e a---a y ,. - t- h- - - - e -,-e~ A rn r I— .w-i-d EN,,_ ii i-ng . 7. Any trees on t site that die must be replaced. 8. No exterior lighting or speakers shall be allowed. 4 BACKGROUND 43,293 square feet Surrounding Land Uses Single dwellings to the north south and west of the parking lot, Dege Garden Center fronts on Century Avenue alon g with other commercial businesses. Past Actions 6- 3--71: Council approved the conditional use ermip t for Dege GardenCenter's parking lot based on the conditions established on May 271971. YSeePage10• ) 12- -4 -71: Council conditionally approved a 50 b 80 foot addition building. Y to the 1 -6 -72: Council approved the previous design of the •g south and east sides ofthebuilding ( the former town -- scape facade), 6- 22 -72: Council reviewed the applicant's conditional use ermip t for compliance. No acti was taken. 8 -1 -74: Council approved plans for the applicant to 'pP build a 16 by 72 footgreenhouseonthenorthsideofhisbuilding, subject to: 1. Approval of the buildingin plan in no way - •g P y wl _L _ affect or diminishianywaytheconditionspreviouslyattachedbthecitycouncilYyunciltotheapprovalofthespecialusepermitforthearkin _lotpg on Lots 31and32, Block 1, Cahanes Acres. 20 The applicant and owner shall agree •writing.g to the above conditions in 7- 10 -75: j Council, upon review of a request b neighbors to haveYg the applicant'sconditionalusepermitrevoked, due to noncompliance, p ce, moved to inform Mr. Dege that he must adhere to the May 27, 1971 conditions 10- 15 -86: The applicant obtained a building permit forgP a 12 by 58 foot storagegarageadjacenttotheparkinglottostorehistruckandRV. PLANNING CONSIDERATIONS 1. Land upe plan.designation: RL, low density residential (the parking lot site as well as the garden center site). 20 Zoning: R -1, single dwelling residential (parking lot site ) BC business commercial (garden center site). 3. Applicable ordinance requirements: a. Section 36 -17 (e) (2) states that no existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless there would not be a significant affect, as determined by the city pathroughspecialg use permit, on. the development of the parcel as zoned, b. Section 36 -442 (b) provides that approval of a conditional use permit shall be based upon Conditions One through Ten as listed in the resolution (page 17) . C* Section 36 -442 describes the procedures for review or revocation of a conditional use permit. (Refer to page 14.) d. Section 36 -6 allows residential garages u to 1 000 squareuare qfeetinarea. Garages may not exceed one story in height. The proposed garage is 783 square feet and one story in height. CITIZEN COMMENTS Since .construction began, staff has received complaints 'p lnts from three neighboring residential households. The objections voiced were• 1. The new garage is in violation of the conditional 'use permit,which was issued only to permit 28 off - street parking stalls. 2. The new garage will inevitably e used as an extensionon of the garden center for business purposes, such as storing supplies. 30 The garage detracts from whatever remaining residential1 characterthelotstillposseses, and is an encroachment of the commercial land usage towards the residential homes. 3c Attachments l • Location Map 2. Property Line /Zoning Map 3. Existing Site Plan 4. Conditional Use Permit Requirements 50 Approved Parking Plan 6. Applicant's Letter 70 Section 36 -442 (e - g) 80 Neighbors' Petition 941 Resolution no r i Q R a R R MARyi AKA, 4_D Al I R3 J MANTI AND . R MAQNf - 1-iA AvE E3 IAJ 1 fr R 4 R 4 AVE HARWVLTFR AVE 4 ' /r TILI.vrAl 9 tiq av R - -_ Av W R F a z 6.1•wI• Y.4Q31 . t R r• NINNE 1A_ Av ' ec t W R a' MAIL AW._.. Ail, R R R R R M1 -VAr ^/E QC M 2 M2 MATCH LINE LOCATION MAP Attachment 1 4 N J h N 01 LO 12 1 1. r so Ssf Ica •' r , 77. _ 29 7 Proposed Garage ' `+ A 8 3 9' 835 r pop ti 11 aq825 :.: o p 8 d - 814.- '91-9 > 811 804 5 805 2 798 1 7 - ror 7 N i r 24 30) 160-7 c•a) t N 13 " al s) (,,y i t 6 15 17 I 16 ' • ,•, ax= . I 92 i0 ' : 495 Joe 1 PROPERTY LINE' ZONING MAP 8 Attachment 2 Fo N T 7TH :. .STREET h L . ftE 1 Ca{T Z5 - 3c'. ME I A •R a .Q • E . . E Lo IV- 13 z M-41 XISt+G..;,rt:,_ PP NJ Exito G, i7Lr'1 o .s s u c.Fpr r Pmt I - • (' . T fr_ a ' H- E TF-e= - T. 11ZESZyR OCT 27 W Zoning boundary between P 4 oRTH __. R -1 (west side) and BC P • .! 'v . 2 s7pv.s - - . ..: P 4CCO 7a.{s (east side) PROPOSED SITE PLAN i Attachment 3 9 L 0 0 A 4 kv t Seconded by Councilman Greavu. G%7 Ayes - all. b. off - Street Parking Lot - Dege Garden Center (8:10 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on the request of the Dege Garden Center for a Special Use Permit to allow construction of an off - street parking lot on property described as Lots 31 and 32, Block 1, Cahanes Acres. The Clerk read the notice of hearing along with the publication dates. 2. Manager Miller presented the staff report. 3. Administrator Seida read the Planning Commission reports statingthattheSpecialUsePermitbeapprovedsubjecttothefollowingconditions: 1) The submitted parking plan architectural site plan re ared bP YBatherRingroseWolsfeld, Inc. , dated May 3, 1971 stall be the approvedandgoverningplanlayoutandcontrolonallsiteplanning, development . ,and land use, 2) The Special Use Permit for 28 off-street parking spaces shall be restricted for parking use only relating the existing; business establi sli- ment known as the "Dege Garden Center" as it is presently constituted in terms of total retail floor space and retail • round area* 3) The entire parking surface area and drive's within the area co n c t- in to the streets -shall be hardsurf aced wi t.li bitu111ir.ioti,, asplia.ltic mi:ti and appropriately marked prior to use for off- street parking purposes; The landscaping treatment' as specified on the plan shall be -in stalled prior to allowance for use for off - street parking. S) No commercial use for sale, storage, display or advertisin si g riSofgardenmaterials, plants, or any other kinds or goods sha be a.11oc anywhere on the legally described property to which this Special UseP ,Permit is issued. { 6) No portion of the approved parking lot a 1.P P g area shall be used for true. , or trailer storage. A . 7) The drainage of the parking area shall be sub • ect to approval bPP1 y ,the Village Engineer and shall be resolved and rectified prior to oc- cup ancy to the Parkin Permit area b p Parking r a eing granted by the Village BuildingOfficial, i I 8) This Special Use Permit shall be subject to review at the discretionoftheVillageCouncilatanytimetheCouncilhasreasontoreviewthePermitduetonegligenceofmaintenance, change in planning or -develo ' ment conditions in the area, non-compliance to imposed P P conditions of the Permit, or justified and proven citizen complaints. Further, the Council . upon demonstrable findings, may by majority vote act to revoke such permit. To modify any of the conditions of this Pcniiit or change. the ph- Isical arrangement of the Plan shall require a public heari:rir; and co;ii- pliance to all procedures of the Special Use Permit hearin g procedure. specified in the Municipal Zonin ; Code. 10 Attachment 4 5/27 L , c 9) The Special Use Permit to use the site for off - street arkinshallbeassignedtotheDegeGardeP g cupancy or use of the Center,. Any change in the oc-e current Dege Garden Center shall not 'occupants any rights to the use, of the gVe .future Further, Dege Garden CshouldtheD Parking allowed in this permit.Center vacate its business rem"out of business, or abandon its current ises, go Special ent business site, then the S iUsePermitforoff- street parking for p Acres, shall become ..p g r Lots 31 and 32, Blk. 1, Cahameimmediatelynullandvoidandsucharki nes p ng land userightsinthisPermitshallnotbetransferableornegotiablebythepermittee (Mr. Albert Dege) to an future occupants or purchasers ofDegeGardenCenterPropertylocatedat831CenturyAvenueNorth 10) This Special Use Permitrmit must be exercised by obtaining a DrivewaConstructionPermitwithin15daysfrom. YyrmthedateoffinalVillageCouncapprovalontheSpecialUsePermitbecomesvoid. C11) The Permittee (Mr; .Albert Dege) shall sign a waiver agreement g nt withtheVillagewhichspecifiesthathelegalclaimsfordamages , as the Permit holder- waives any the Villa or business loss against the Villag sVillagewithdrawtheSpecialUsePermit g should Also, the agreement shallprovidethatMr .Albert Dege shall not be able to usPermit . parking area as an item of e the Special Useclaimagainstanyotherlevelofmeetwhichshouldacttophysica1.1 i gover-Y mProve and /or widetX Gentu7 *y AvenuewhereacondemnationboflandmightenecessaryforadditionaltionalYwidening. 4. Proponents - None at this time. 5. aOpponents - Steve Wing, Landfall Vnorthofthisro illage , recently purchased propppropertyandwished questiotohaveseveralqons answered, 6• Mayor Axdahl called for formal objections* The objectors wereere heard : Anthony Cahanes, 2703 E. Seventh SGunnarCronk2685EasSeventhStreet in favor of the Proposedinglot . park - Diane Glaske, $04 Ma hilly. Road, opposed to parking on Seventh Snotagainstparkinglotbutdoesnotwan rees;nt entrance on Seventh Street. 7• Mayor Axdahl closed the ub •p tic hearing. 8. Following further discussio cision until Ju n, Councilman Greavu moved to dela de-ne 3 1971 and to allow for written •filed for a one week period. b ectlons to be Seconded by Councilman 1Iau ang Ayes - all. c. Planned Unit Development - Maplpewood Homes (8:30 P 1 • Mayor Axd ah 1 convened •the meeting for a public hearin onquestofMaplewoodHomesforaPlannedUnit the re- idwellingunitscomposedofsixty t Development (300 condominium4 - bedroom dwelling units and fort Y 3bedroomdwellingunits) on Lots 1 tiru 3 B property described as Lots 1 thru 4, Block 1andLlock2, Beaver ,Lake Addition, Thenoticeofhearingalongwiththepublication Clerk read the P cation dates. 2• Manager Miller presented the staff report and read the followingrecommendation:g 11 5/27 w rte to f" - ' ' • . w .._~. '' , b j ' ,dL Xi I -I Zu Pill ter"" "" 4 OO ' t ... - Iy . p 'f .16'r • ' , ry J 11k") 111p.. SRIa'ai.• a. ' t 1 i/ on IN X .\ C16 \ \ air - , .- . t..: 1 t I NO,/ 1 I t t tr a + cJ t M • l , - i ru Ai h iy b0 / r a h / r cli Ile OL CL to 7 /' `• W r f 2 OLi V' j to .' „/ W y O kA cl l Ep r tY W , i u1 r lw INk 0 ° W t Y . e •,y6 12 Attachment 5 C;CI111ITa FKUIyI 00ER ON IN'I'EN.11E.0 , -' i' t_ r ,U, C 7RUG I UR1 CN LOT 32 L, George .Uege, co -owner of said pro ert built „building for the sale Purpose P y ' i1t a ' ' x r X 131611 tallpposeof .storing .safely my new C'' 5th 6Jhee1 R, v. trailerandmedum- sized GMC 7000 Truck which pulls iler This building, . P fit' g, without electricity, will only be used to store my personalvehicleswhichhavenothingtodowith self, t Dege Garden Ctr. Inc. I am paying for thisstructuremY , he insurance for said building, and vehiclesThis . building will not be used for an Ga stored within. inventory. Y Arden Ctr. activities or storage of The purpose of the near flat roofof was to Impact the surrounding nei hbarhoodaslittleaspossible. The green color g was used to blend in with the landscaping.The in and out movement of this R, V. is estimated at less than - ten times a earWinstalled , to our Jest end, commercia Y ' lot to the shrubbery w l blacktop from our existing parkinyhichisnow1o' to 13' tall, We felt that this g addition to the parking lot would hel s 2, 000 This P anyaddition overflow of our .customers, which usuallyhappensonlyinAprilandFlay. Phis add Y W felt that this would dded four more parking stalls,ld be well- received by our neighbors . The a •to the North side of our existing dditlon of blacktopLarkinglotwastoconformwithbuildingcodeofsaidstructureNooriginalretmusthavefloorn from the original lot plan,parking stalls have been eliminatedP Z feel that this structure is in kee in •90% hidden from view on t th StsipgWith the residenta.al lot and by beingheMayhilland7d.es hlthereshould beffect - to the community, e no adverse S suggested shrubbery be l.anted :lot tom sa P by me on the South e.nc West end of the syuthernneighbor. He stated. that I couldn't "placate parking an that he just wanted th t p.l•e,c,te .m with shrubbery''e building taken down,This building was proposed and werlapsstaffattheMalewood P .e submitted for review by the appro riatePhall. A representative visited the site o P building and additional f the proposedparkingspots. The plans were accepted.Lampert Lumber Co drew the spec s and thbuildinginspectorpreuests ey Were made to conform with the9. My contractor, Ken Lindquist, took out the Bailpaidthus" appropriate fees . and started construction. dingPermitand completed when Three quartersoftheworkwascomPena "Stop Work" was put on this project.The roof is completed except for the final door, and twelve sheets of roofing material, the entrancesiding. I sincerely hope that the "Stop ork"P orderdoesnotadverselyaffectthisstructurewithoutthefinalroofingmaterialsbeingapplied, I have lived up to my end of the •e Build.ng i -ermlt and I would hope thatMaplewoodwilldothesame. We have had afor1 good relationship with Maplewood '7 years and I would to continue that. Thintheneatestcondition is building will always be keptonbyme. Thank You, d6so e eg e OCT 2 7 1986 13 Attachment 6 e) All conditional use 'permits shall be reviewed by thecouncilwithinoneyearofthedateofinitial . teal approval, .unlesssuchreviewiswaivedbycouncildecisionorordinance. Atoneyearreview, the council may specify the specific term not t ' Y sp fy an indefinite term or impose o exceed five (5) years, for subsequent reviews.The council may m •p new or additional conditions upon thepermitatthetimeoftheinitialorsubseqpermitqntreviews. A condi-tional use p shall remain in effect as long as the con ' 'ditiagreedupon . are observed, but nothin ns ng in this section shall pre-vent the city from enacting r amendingding ofllcial controls to changethestatusofconditionaluses. An conditionalYtional use that meets theagreeduponconditionsandislaterdisallowedbecauseofthecityenactingoramendingofficialcontrolsshallbeconsideredanonconforminguse. legal f1 The council may u onp review terminate the permit if theapprovedconditionsmayhavebeenviolalongerineffect. where t ted or the use is noheconstructionofaspecialbuildinstructure- val g orofamonetarye n excess of twenty-five thousand25,000.00) has been permitted t •he council shall provide for aperiodofamortizationofnotlessthanfive (5) years. Wherepublichealth,: safety and welfare concerns are threatened thefive -year amortization period is ndeterminetheamort' of required and the council mayizationperiod, if any, to be allowed. g) In the event the council in its 'consider imposing additional con ditionreview process decides to s or termination of a con-ditional use permit, the cit councihearingonthat Y 1 shall hold at least one publicpermitafteranoticeofthehearingaspublishedintheofficialnewspapa g been t least ten (10) days beforesaidhearing. The council shall also cause a notice to be maileachoftheownersofpropertywith ed to feet of the boundary lin Y n three hundred fifty (350)Y nes of the property; upon which such ushasbeenestablished, which note enoticaretobemailedtothelastknownaddressofsuchownersadateofthehearintleastten (10) days before theg. 14 Attachment 7 October 23, 1986 y To: Maplewood City Council, C/o Jeff Olson, 1.830 E County Rd "B "Maplewood MN 55109 Re: Special Use Permit permit revio Lots 31 E p uslY granted to Deae Seed Co for32, Cahanes acres Dear Mr. Olson: We, the undersigned residents J ents located within 300 feet of the abovmentionedproperty, hereby re uest a e q pu hea ri nq to .con si.derrevocationoftheabovementionedspecialuseermitgrantedpermitteeMay17, 1971,. due to non- p rated to the compliance of the imposedconditions., as outlined at the time •the special use permit was granted. The .specific non item •s are outlined below which are. not inaccordwiththeoriginalconditionsestablishedbythecitycouncil: 1) It is a specific conditio .n of the special use permit the lots zonedresidentialshallberestrictedforar 'p king use only relating to theexistingbusinessestablishmentknownasthe 'Dege Garden Center' 2) No commercial use for sale, storage, display or advertisinn sipardonmaterials, plants or other kind of anywhere on the ds or goods shall be .allowedelegallydescribedpropertytowhicht 'use permit is issued. he special 3) No .portion of the a •approved parking lot area shall be used fortruckoftrailerstorage. 4) 7•o modify an of 'the •Y conditions of the Permit shell re wire aa prop Public hearing and compliance to all q use permit hearin r Cedures of the specialgpoceduresoftheMunicipalZoninqCode, We hereby request the afore mentionedd public hearing Yours truly, cam,. rte' N r 1 f 15 Attachment 8 4!c.a " .l!l1T" egJS E 7 JT C% lot. 16 MEMORANDUM z on* I City ManaThomasEkst N: rand - _Associate PlannerANT: ' Conditional Count USe Permit RenewalYRoad R: Nor C, East of Kellerest $ell parkwaOJECTRudolfo y GonzalesSATE; - - -- -- - - -- T -e1ep Ehone qui me c j.on by co. •a DeCember l p nt Building 1. 1986 g Re SUMMARYo.i Roj oct Rene o f building conditional Usee p to construct a telProposal Ph °ne equi mp ent 1. The buibrickagable ild will bwith e 16 by 1 fee •roof,, t in s1Ze• Thehe exterior •2. Th . Will bThesubjectSisa e dwelling, portio n of a lot plat 3. ted for a sinnRefetothegle applicants letter ocomms n page 8 The proposed buildiSafety, convenie would not be one_car enCe or Welfa a hindra tgarage, and bein re. It would b o publ healthgbrickesmallerthanTheownero , would have an a a typicalfthettractiexteriotocreatethis •property. has obtained19g, S sl te , and c twined approvalStaffSeeSnoonstructionoal to split threastode f the buildld i n e PropertydenythigisschedleY Recommendation request, u d for Rene of Bell i the conditionstelephonee al u permi t far onquipmentbuild' e. eildingonCounty yea r for NorthwestPastActionmyRoadCS 10- 22 -85: The desig , build reV1ew boarddes' Y approved the sitete plan and The •city counsubjectto ; granted a conditionalV use permit to the appl i ca1. Adherence nt, than e to th sitegisapprovedb ' the e plan dated S city's ptember 3 . 198 5communitydeSi ., unless agnreV1ewboard. 20 The applicant, or the rop perty owner, shall apply for and obtainapprovalofthesplittingandrecombinationsoftheiotaintheGonzalesAdditiontocreatethissite.. 5 -5 -86 The city administratively approved t •Pp he lot division to create thissiteandrecombinethelotsofthe •Gonzales Addition. 8-- 12 -86 The design review board a • Instead of approved a minor i s on to the site tan.the site being perfectly rectangular p was revised as shown on page g (4 by l feet) itpg6. PLANNING CONSIDERATIONS 1• Ordinance Requirementsqnts Section 36 -437 (2) Conditional use permits may be issued by thecitycouncilinanyzoningdistrictserviceorubl ' g lct for publ .c uti l lty, publicpublicbuildingusesinanydistrictwhennecessaryforthepublichealthfoundto be safety, convenience or welfare Section 36 -442 (e) . All conditional use permits shall bereviewedbythecouncwithinoneyearofthedateofinitialapproval, unless such review is waived by council decision orOrdinance, At the one-year reviewindefiniteterm Y ew the counc i 1 may spec i f anorspecificterm, not to exceed f' y subsequent reviews. The council five Years, for cond i tons upon th may impose new or additionalpeperatthetimeoftheinitialsubsequentreviewsAconditional or onal use permit shall remain ineffectaslongastheconditionsagreeduponareobserved, butnothinginthissectionshallre •P Vent the c from enacting oramendingOfficalcontrolstochangethestatusofconditionaluses. Any conditional use that meandis1a --e--r d-isal. o e t s the -_ a g r d- p -o -n- c -orid i -o -n s - -- - - - --o because of the city enact i n o •offical controls, shall be con g o r amendingsidreredalegalnonconforminguse mb Attachments 1. Location Map 2. Property Line /Zoning Mapp3. Lot Split Proposal 4 Site Plan 5. Photograph of the ro osed lican P p structure6. A pp is letter dated 10 -23 -86 2 l rI F F C MI L ' 4 y F MI CITY of rig ., . 4 , .... 1 I _. ..._ —.._ , R F r-- 4 , R ` P tJ 0 Fi •- F MI' F ,R • LL R .F,3c MI M I MI MI r F i tm • rml R , J R E ,, r :.N ti'N. _ AVE Rj - - - -- -- - F _ . - - -- F:w E, avF — HiJ1K A 3 1 I gE r R -AYE F F; : i l L!'!a. F..t F J R2 F us r ' `.. f JI 14 1 A' V. AV E I `" L B 1 . 13 c - -NJ F „ L. f t(F F 8 C rr . • s r cr R uj R i F R ; , _. _ — - . _ I 1.1 A A li . F? I , 47 LOCATION MAP 3 Attachment one N k.Jf 263 1 c 843 V 10 Oq - ' b a.T V N ` ti , 2 6 2 6 cJ + 84 mt, 211,14. 2 616 lio 3 s NW Bell would .4OO t 341 purr Jiase 1 5 ac this site, 2600 Old Bever Brothers Nursery Site to 53 f%O' A m l G - 2 3 o VO 5 , 5 04-15 o UR -J o S . 5 . 9 90 . F 0 4 AG E o is,c•I N h \ 7 T ac 14 `13 1 14 y I o a 12 t ce 15 16 'V1 17 " 18 ti ` , 2 1 6 19 C1 T O DL. ' i. 3 2. Rol 13 20 17 V 7 Q r_ 9 ARAI RN nl T ti its w PROPERTY LINE /ZONING MAP 4 AlLaclinieii i, i4 N tom R ( iCu N :'` ,5352 ROAD r, W couNTir aOUTl.iOT A- R R OA d C , c r T9 i I ... ...,.. ,. - ^ 3 N EXISTING LOT 4 5 CONFIGURATIONS Ii YN w 10, 20 20 33 300 fpil00_..... `tORAWACA xxI 400 taw f l.t +ir t, T 2!1( 2?yl ' _ I i ' r - mm IMF al kW 41 9 COUNOUTLAT C IN ACM , 20 ( 3 won 5 It 1 ks nJgy W ! ` f i MOMIj goo i -. \ \\ ASEW 1 I 1 400 1 I/ PROPOSED LOT CONFIGURATIONS 1 LOT SPLIT PROPOSAL Proposed NW Bell Site 5 Attachment Three Call is ct MIA 6 Attachment - I -- P-1-f-M-7111TIT W PITMP W,M F , 0 PROPOSED STRUCTURE 7 Attachment Five Northwestern . Bell 70 West Fourth Street Room 1 -C St. Paul, MN 55102 Oc to* be r 23 0. 1986 Mayor and City Council City of Maplewood Maplewood, Minnesota Gentlemen: At the December 9,..1985 Cit Telephone Ca Y Council meeting, Northwestern BellpCompanywasgrantedaConditionalUsePertoconstructasmallequipmentbuildingportionofLot4, Blockock 1 GonzalezAddition, Bell's plans now call for buildingding construction in 1987, so theConditionallUsePermitwillexpireriortoTherefore, I r p construction start.request that the permit be extended for an add i t i ona 1 year . Sincerely, Alma Fitzloff Assistant Manager --Real Estate 8 Attachment Six Action, by Co ok .1 MEMORANDUM ndorsec . Mo d. f d ejected..,, T0: Actin CityF Dat ROM: g y Manager Director of Community DevelopmenSUBJECT: Time Extensioon (Tax - EPROJEQT; xemp Mortgage Revenue Fin 'Beaver , Creek Apartments anc a ngDATE: December 2 1986 Request Beaver. Creek Apartments Limited Partnership is requesting a -.extension of the disburseme nt date of U time construction funds f1 . 1986 to June 1 1 from Dece987. tuber Background 1• The city ssue 'Y d bonds for this projectect on DeJ cember 27, 1985. 210 The loan agreement requiresquires that the disburconstructio sement date onfunds - must be on o f . not occurred. r before December 1, 1985.The applicant s reasons f This hasareonpage8 . or not meeting the deadline 3 • This project will meet the criteria the city adoexemptmortgagerevenuenoteY pied for tax-financing, Recommendation Approval of the resosoluution on page 4 a 'June 1, 1987, grantinging time extension until ic Attachments 19 Cover letter- -Mary Ippel20Resolution 3 • Request 4 . Attorney's opinion5. Applicant's p pplicant s letter IV MATTHEW J. LEVITT COLE OEHLER ROBERT M . BOWEN FRANK HAmMOND LEONARD J. KEYES ROBERT G. SHARE BURT E. SwANsoN M. J . CALVIN, JR. DAVID C. FORSBERG JOHN J. MCNEELY MCNEIL V. SEYMOUR, JR JERRY F. ROTMAN THRENcE N. DOYLE RICHARD H. KYLE JoIIN L . DEVNEY RONALD L. SORENSON PETER H. SEED SAMUEL L. HANSON RONALD E. ORCHARD JOHN TROYER STEPHEN WINNICH AvRoN L. GORDON JOHN R. KENEFICH THOMAS A. LARSON DAVID J. SPENCER DANIEL J. COLE, JR. DOUGLAS L. SHOR MICHAEL H. JERONIMUS R. SCOTT DAvIEs J. PATRICK MCDAvITT JOHN B. VAN DE NORTH, JR RICHARD G. MARK ANDREW C. SELDEN ANDREW C. BECH ER JEFFREY J. KEYES JAMES E . NELSON JEROME A. GEIS STEVF. A. BRAND JOEL II. GOTTESMAN ALAN Ii. MACLIN JEFFREY F. SIIAW MATTHEW L. LEVITT DAVID G. GREENING DAVID B . SAND DANIEL M.COUGHLAN JOSEPH P. NaACK CHARLES R. HAYNOR ANDREA: M. BOND TIMOTHY P. FLAHERTY MARTIN H. FISH ROBERT J . PRATTE JOHN BULTENA LAW OFFICES 1B R I (ry Y AND ll _ V U A N JAMES G. RAY RICHARD H. MARTIN TnrJDI' J. IIALLA TERRY L. SLYE PAUL. M. GALES PROFESSIONAL ASSOCIATION MARY L. IPYEL JAMES A.Vos MARY M . DYRSFTII CHERYL A. THOMAS ROBYN L. IIANSEN KEVIN A. BERG MARK SCHROEDER ROBERT E. WOODS M. BRIGID MCDONOUGH 2200 FIRST NATIONAL BANK BUILDING} WILLIAM J. JOANIS MARGARET K SAVAGE MARIAN M..D ;KIN NANCY D . ARNISON BRIAN G. BELISLE MICIIAEL J. MCELI.ISTREM SAINT PAUL, MINNESOTA 5510,TONY STPmn nGER PAUL S. JACOBSEN MARY E . SCHAFFNER NEAL BUETHE M.ICTiAISL II. STREATP:R TIMOTHY J. KEENANJOIrNII. LlNUS'rnom RIC11AI CAulos R. C; ARRASQUII.Lo TELEPHONE (0312) 291 -1213 I). ANDJ,RSON SALLY A. SCOUGIN TEL' ECOPIEN ( 012).222-407-t DAVID C. MCDONALD BRucE W. MooTy ERIC NILSSON OF COUNSEL J. NEIL MORTON ZAPMAIL (0312) 228 -9563 ANDREW R. KINTZMGER RICHARD E. KYLEFREDERICKP. ANGST JOHN M . PALMER INCLUDING THE FOI3ME]R FI$M ROBERT L. LEE ANN IIUN'rRODS SAMUEL H. MORO" FRANK N. GRAHAMOFELIZABETHJ. ANDREWS A . LAURENCE DAVISLEVITY, PAI.MEg, BOWEN, & SHARE CLARIROTMANCHARLESB. RoGE$sE JOI1N SULLIVArtEJOHNM. LIVAx December 1, 1986 Mr, Geoff Olson City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 RE: $8,500,000 City of Maplewood Variable Rate Demand Purchase MultifamilHousingRevenueBoBonds, Series 1985BeaverCreekApartmentsLimited Partnership Project) Dear Geoff Enclosed in connection with the above-referencedmatterisacopyofaResolut 'ion to be acted upon by the CityCouncilat.its meeting on December 8 19860 The Resolution authorizes the extensiDisbursementDatefromDec of the December 1, 1986 to June 1, 19$7,The Disbursement Date is the datee on which disbursements maybemadefromtheConstructionFundinaccordancewiththeprovisionofSection3.05(4) of the Loan Agreement enteredintoin .connection with the ab Bonds. AttachedtotheResolutionisarequestforextensiontensionbyBeaverCreekApartmentsLimitedPartnershipndan 'p opinion of Briggs andMorganthattheextensiontoJune1, 1987 will not impactonthetaxexemptstatusoftheBonds, Also enclosed is a certificate of Beaver CreekApartmentsLimitedPartnershippsettingforththefactsandcircumstancesnecessitatingtheirrequestforanextension. 2 Attachment 1 A BRIGGS Arras MO.R.GA.N Mr. Geoff December 1, 1986 Page Two In the event that the City 'does not approveppe theextensionfromDecember1, 1986 to Jun 1 1987 the TrusteeisrequiredtoredeemtheBondsandtherefore, the ro ectifundertakenbyBeaverCreekApartmentsLimited - P 7 p ents Limited Partnershipwillbefrom . a source other than tax exempt financing-,g. If you have any questions lease do n 'to contact me, p of hesitate Very truly yours, Mar L I e l Y pP MLI : jl /19 Enclosures 3 RESOLUTION GRANTING AN EXTENSION REGARDING THE DISBURSEMENT DATE IN CONNECTION WITH A MULTIFAMILY RENTAL HOUSING DEVELOPMENT WHEREAS, a) The Cit of Maplewood., Minnesota (the "City") issued its Variable Rate Demand Purchase Multifamil Housin Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited PartnershipProject) in the principal amount of 1 $ 8,500,000 on December 27,1985 (the "Bonds"), in connection with which the Cit entered into an Indenture of Trust (the "Indenture") dated as of December l 1985, b and between the Cit and First Trust Compan Inc. I r as Trustee,, and a Loan A (the "Loan Agreement") dated as of December 1, 1985, between the Cit and Beaver Creek Apart Limited Partnership (the "Borrower") b) The proceeds of the Bonds were loaned to the Borrower for the ac construction and e of a multifamilhousindevelopment (the "Project") approved b the Cit all as further described in the Indenture and the Loan Agreement ; c) Section 3-1(8) of the Indenture re that the Disbursement Date must occur on or prior to December 1, 1986,unless the Cit at the re of the Borrower, extends such.date at the re of the Borrower and upon receipt b theA Cit and the T . rustee of an opinion of Bond Counsel to the ef f ectthat, such extension will not adversel affect the tax exemptstatusoftheBonds; d) The Borrower has re pursuant to a ReforExtensionattachedasExhibitAhereto, that Disbursement Date be extended b the Cit as Issuer of the Bonds, from December 1, 1986, to June 1, 1987; and e) Bri and Mor Professional Association, Bond Counsel, has advised the Cit and rendered an opinion, attached as Exhibit B hereto, that granting such extension for the extension of the Disbursement Date will not, b itself, adverselaffectthetaxexemptstatusoftheBonds, NOW THEREFORE, BE IT RESOLVED b the Cit Council of the Cit of Maplewood, Minnesota, as follows: 1. Pursuant to Section 3-1(8) of the Indenture, the CitherebapprovestheReforExtensionandextendstheDisbursementDatefromDecember1, 1986, to no later than June ly 1987 Adopted b the City Council of the Cit of Maplewood,Minnesota this 8th da of December, 19860 4 Attachment 2 EXHIBIT A 8,500m City of Maplewood Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver., Creek Apartments Limited Partnership roject)P J REQUEST FOR EXTENSION Beaver Creek Apartments Limited Partnership (the "Borrower"), hereby requests, pursuant to Section 3 -1(8) of that certain Indenture of Trust dated as of December 1, 1985, by and between First Trust Company Inc. and the City of Maplewood and Section 3.01(1) of that certain Loan Agreement dated as of December 1, 1985, between the City and the Borrower, that the Disbursement Date (as defined in the Indenture) be extended from December 10 1986 to June.-1, 1987. Attached hereto as Exhibit A is an opinion of Bond Counsel dated June 30, 1986 statin g that such exte pnsionwillnotadverselyaffectthetax-exempt status of. the Bonds. Beaver Creek Apartments Limited Partnership 5 Attachment 3 EXHIBIT .B MATraEw J. LSviTr DovoLAs L. SEOR COLS OESLER MICHAAL H. JERONIMUS RosssT M. Boasx R. Scow DAvIRS FRANC HAMMOND J. PAruct WDAvin LEONARD J. KETES JOHN a VAN DE NORTH.JR. RoisaRT G. SHARE RICHARD G. MARK BURT E. Sw"sox ANDREW C. tiELDEN M. J. GALVIN. JR.ANDREA C. BFCHZR DAVID C. FoRSBRRO JEFFREY J. KF.Tits JOHN J. McNtaLi JAMES E. NELsoN MCNEIL V. SETMOUS. J11.JERoMa A. Gus JERRY F. ROTM"STEvE A. BRAND TasaxcE N. DOYLE JOEL H. G01MMSN KN RICHARD H. KYLE ALAN H. MACLIN JOHN L. DzVNET JEFFREY F. SHAM RONALD L. SORENSON MATTRaw L. Limn PRTZR H. SEED DAVID G. GBEENINo SAMUEL L. HAxSON DAVID a. SAND RONALD E: ORcsARD DAmw M. CoUORLAN JOHN TROYER JosEPS P. NoAcz Srapsax WINNICK CHARLES R. HAYNOR AveoN L. GORDON ANDREA M. BOND JOHN R. FzxnFica TlxoTny P. FI.AIIERTY THomA.s A. LARsON MARTIR H. FISK DAVID J. SAENCER ROBERT J. PRAWN DANIEL J. COLE, JR.JOHN BULTENA W OFFICES BRIGGS AND N10RGAN PROFESSIONAL ASSOCIATION 2:200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 1515101 TELEPHONE (012) 201 -12115 TELECOPI ER (012) 222 ZAPMAIL (012) 228 INCLUDING} THE FORMER FIRM OF LEVITT, PALMER, BOWEN.. ROTMAN & SI3ARE JAMES Co. RAT RICHARD H. M.ssrix TRUDY J. HAI.I.A MARY L.IPPEL JAMITS A. VOSE RODYN L.IIANSEN IIr murr L. W(x)D.R WILLIAM J. JOANIS MAROARF.T K. SAVAGE BRIAN 6. DELISI.E TONY STF.MI9EROER MARY E. ScttArrNER MICHAEL 11. STREATER JOHN H. LINDSTROM RICHARD D. ANDERSON SALLY A. SCOVVIN DAVID C. MCDONALD DRUCE W. MOOTY ERIC NILSSON ANDREW R. KINTZINOER FREDERICK P. ANGST RoBjrRT L. LEE ANN IIUNTRODS ELIZABETH .J. ANDREMIs GREGORY J. STENMOE CHARLES D. Roolsas TERRY L. Sj PAUL M. GALES MARY M. DTasaTH CHERYL A. TaomAs KEVIN A. BERG MARK `iCHROrDRIt M. BRIOID MCDONOUOtI MARLAN M. Dt1Rnin NANCY D. ARNIsON MICHAEL J. LIMcLLmmm PAUL S. JACOBS EN NEAL BUZTHa Timart3Y J. KEExAN CARLOS R. CARR.ASQUILLO December 1, 1986 City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 First Trust Company, Inc. First National Bank Building Saint Paul, Minnesota 55101 Re: $8,500,000 City of Maplewood Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) Gentlemen: OF COUNSEL J NEIL MORTON RICHARD E. K" JOAN M. PALMER SAMUEL H. MORGAN FRANK N. GRAHAM A. LAURENCE DAVIS CLARENCit G. FRAME JOHN M. SULLIVAN We acted as Bond Counsel in connection with the issuance by the City of Maplewood (the "City ") of its $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) (the Bonds ") on December 27, 1985. The proceeds of the Bonds were loaned to Beaver Creek Apartments Limited Partnershi p (the Company ") to acquire, construct and equip a multifamily housing development located within the corporate limits of the Citythe "Project ") pursuant to a Loan Agreement dated as of December 1., 1985 (the "Loan Agreement "). The Project will be owned, operated and maintained pursuant to the provisions of a RegulatoryAgreement (the "Regulatory Agreement "), dated 'as of December 1, 1985 by and between the City, the Company and the Trustee as defined below). The Bonds are secured by an Indenture of Trust (the "Indenture ") between the City and First Trust Company,Inc . , in St. Paul, Minnesota ( the "Trustee ") dated as of December 1, 1985. We have been requested by the Company to deliver our opinion to the City and the Trustee that the extension of the Disbursement 'Date (as defined in the Indenture). from December 1, 1986 to June 1, 1987 will not adversely affect the tax - exempt 2200 FIRST NATIONAL BANK BUILDING 2400 IDS CENTER SAINT PAUL, MINNESOTA 1515101 MINNEAPOLIS, MINNESOTA 1 )2 Attachment 4912) 291 -1215 6 (012) i3:I9-0001 BRIGGS MORGAN December 1, 1986 Page Two status of the Bonds. In this regard, we have examined various documents that were considered necessary a the basis for this opinion, -including, a Certif icate of Company of even date herewith On the basis of the foregoing, it is our opinion that according to present laws regulations, rulings and judicial decisions, the extension of the Disbursement Date from December 1 19.86 to June 1, 1987 will not impair the tax- : exempt status Of the Bonds. In rendering this opinion we have not independently verified or conducted any independent investigation of factual matters,, but we have relied upon the information and facts reflected in the documents which we have examined BRIGGS AND MORGAN, P.A By Brian G. Belisle BGB /bl 7 8,500,000 CITY OF MAPLEWOOD VARIABLE RATE DEMAND PURCHASE MULTIFAMILY HOUSING REVENUE BONDS, SERIES 1985 BEAVER CREEK APARTMENTS LIMITED PARTNERSHIP PROJECT I, Gregory C. Triplett do hereby certify and declare that I am the Vice President /Treasurer of Washington Service Corporation, the general. partner of Beaver Creek Limited Partnership Apartments a p p, Minnesota limited partnership (the Company"), and that 1. This Certificate relates to the $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) (the Bonds "), issued by the City of Maplewood (the "City") on December 27 1985. The proceeds of the Bonds were loaned b the CityytotheCompanytoacquire, construct and equip a multifamilyhousingdevelopmentlocatedwithinthecorporatelimitsofthe City (the "Project ") pursuant to a Loan Agreement dated as of December 1, 1985 (the "Loan Agreement "). The Project will be owned, operated and maintained pursuant to the provisions of a Regulatory Agreement (the "Regulatory Agreement "), dated as of December 1, 1985 by and between the City, the Company and the Trustee (as defined below). The Bonds are secured b y an Indenture of Trust (the "Indenture ") between the City and` First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee ") dated as of December 1, 1985. 2. In accordance with Section 3 -1(8) the Company has requested that Briggs and Mor( Counsel, deliver an opinion to the City and that extension of the Disbursement Date from to June 1, 1987 will not adversely affect the of the Bonds. of the Indenture, jan, P.A., as Bond the Trustee that December 1, 1986 tax - exempt status 3. The development of the Project and its construction have been proceeding with due diligence from the date the Bonds were issued, however, due to circumstances that we did not reasonably anticipate, construction of the Project has been delayed substantially and, consequently, it is necessary to extend to June 1, 1987 the Disbursement Date and its pre-concomi- tant conditions. The following circumstances have caused construction of the Project to be delayed: 8 Attachment 5 a. Access to the Project site is provided by a 1000 foot street that was constructed by the Company. Access to the Project site is limited to travel on this road and con- struction of the. Project buildings could not Proceed until its completion. The road was completed in late October, 1986. Construction of the road was delayed because: (i) subsurface preparation could only be done during winter because of water problems and substantial delays occurred as a result of severe weather conditions; (ii) more peat removal and sand fill was required than originally planned; iii) the Company decided after the Bonds were issued that it would dedicate the road to the City rather than maintain it as a private road which caused delays as a result of the City's involvement in design specification and public hearings. b. After the Bonds were issued the City activated a storm water and sewer ro ' ect which J ch involved the Project site. The Company was actively involved in negotiating its involvement in that project, including the granting of easements and attendance at public hearings. The City's storm water project precipitated by the Company's development of the Project and which is part of the Project's development, involved the construction of storm water retention ponds on the Project site at an expenditure by the City of in excess of $300,000. c. In addition to devoting substantial time and effort to the foregoing, the general partner of the Company responsible for the active development of the Project has encoun- tered additional management problems competing with the development of the Project. The Company is attempting to mitigate this problem by seeking the assistance of another developer. d. Because of the sensitivity surrounding the payment of "prevailing wages" by nonunion contractors on projects such as the Project financed by tax- exempt obligations of the City of Maplewood, the Contractor selected by the Company withdrew in ,June of 1986 and a new contract was renegotiated with another 9 contractor, Kraus. Andersen, the original second -low bidder. Kraus Andersen was required, in turn, to relet many of its subcontracts.' e. Additional soil testing and ,a study was required because of soil settling problems on land adjacent to Building B. The study,which was recently completed, determined that this land should be.presettled by surcharging the soil while constructing Buildings A and C. 5. The Company has, since the bonds were issued, paidorincurred.from its own funds in excess of $400,000 in developingevelopingtheroadtotheProjectbuildingsiteandinbringingaterandsewerlinestothatsite. g • The Company's investment in the Project to date is in excess of $890,000. The Project is partpt of a planned unit development which limits construction of the Project site to the Project as designed at the date of closing.g o ing.Failure to proceed with the Project as planned will cause the Company to incur a substantial economic loss that is not setoffbyarbitrageearnings, 6. Construction of the Project will resume within 60 days hereof and will take approximately one ear to fullyYycomplete. Occupancy of portions of the Project might occur earlier. 7. Potential permissible arbitrage p rofit has not been a consideration in the timing of the development and con - struction of the Project. The arbitrage profit earned togp date of approximately $51,000 will not offset the $890,000 of costsincurredbytheCompany, 8. It is reasonably expected that the'Company willobtainbeforeJune1, 1987 the credit support necessary to permitpYpuseoftheproceedsoftheBondsforconstructionoftheProject.Further, it ' anticipated that because of the demand for rentalunitswithintheCity, occupancy of the Project will occur much faster than the 2 years assumed in the Project's feasibilitystudies, 9. This Certificate is made to induce the issuance by Briggs and Morgan,,* P.A. of its special tax opinion of evenppen date herewith and the statements herein are representationsoftheCompanyastothefactsrecitedtherein, 10 IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of December, 1986. BEAVER CREEK APARTMENTS LIMITED PARTNERSHIP, A Minnesota.Limited Partnership By The Washington Service Corporation, Its general partner B Gre&8r Triplett, Vic President /Treasurer 11 ct .o b .oixinc MEMORANDUM n s o dif . e Rejected TO: ?fate City ManagerFROM: Assistant City EngineerY9erSUBJECT:Budd Kolby Second Addition--City Project —Y J t 86 33PublicImprovementPetitionDATE: December 1, 1986 The developer of the Budd Kolb Second A 'ddit7on, Castle Design and DevelopmenCo., Inc., , has submitted a public improvement Petit p t 1 P Lion for. the internal streetsandutilitiesontheirpThepetitionrequeststhecityinstaythestreetsandutil7tiesatcityexpenseandthenassessthecostsbacktothepropert wo Yoverafive — year peri The developth would post a letter of crediguaranteeingefirstyearsassessmentpaymentandalso .o agree that each lot'sassessmentwouldbepaidinfullpriortothelotbeingtrasferred. It is recommended that the council1 set a special meeting to discuss the 'and precedent that this t itemsypeofproceduredictate. Items that shouldaddressedincludethecity's bonded indebtedness, be 1 atti n conditions btedness, engineering respons i bi l i ti epgonditionsandprocedures, develo er agreement s, Janua p 9 ement format and sureties tothecity. An early y meeting would allow staff time to re are re 'and impact statements. P p view mb November 18 1986. City of Maplewood 1830 E. County Rd, B Maplewood, Mn. 55109 Attention: Honorable Mayor Greavu and the Honorable •Maplewood City Council Members Dear Sirs and Madams: Castle Design & Development Co., Inc. 2419 N, St, hereby request. the City Council of the City of Maplewood to order togetherog with the plat of BUDD KOLBY 2ND ADDITION the sewer /water /streets together with cur •b for the streets known as Linwood Court and the continuation of Dahl Road. We request the City of Maplewood to install said streets 'at their expense and assess back the cost over five years with Castle Design &Development Co,, Inc, posting a letter of credit guaranteeing the first ears asses •y assessment payment. It is also agreed no lots will be transferred without assessments beingg paid in full, cerely, Ke rvais Vice President KDG : grs Q R"A Read" •dcs JEW MEMORANDUM TO: City Manager FROM: Director of Community DevelopSUBJECT: pPlannedUnitDevelopmentReapplicationLOCATION: Larpenteur and'McKnight (Northeast Corner)DATE October 31, 1986 The attached letter requests approval .q pp oval to reapply for a planned unit idevelopment (PUD) that would include motor fuel sales at the northeastcornerofLarpenteurAvenueandMcKnightRoad. Sectionthecitycodestatesthat: " 36 -442. (h) of Whenever an application for a conditionalusepermithasbeenconsideredanddenieddbythecitycouncil, asimilarapplicationaffectingsubstantiallythe .same property shallnotbeconsideredagainbythecityforatleastonedateofitsdenial, unless the year from the s council directs such reconsideration beastfour (4) vote Yat1 On June 9. 1986, the city council1Y approved a planned unit developmentforoffice, commercial and service uses •at this location but denied arequestformotorfuelsalesonthebasisthatmotorfuel .sales would: 1. Not be compatible with the character of the neighborhood. 2. Depreciate property values. 3. Be hazardous, detrimental or disturbing to present and potentialsurroundingland ,uses, due to noises odor fumes, or other nuisances. 4. Generate traffic on local streets and create traffic congestionand. unsafe access that would cause undue burl •en to area properties. Council also changed the land use designation from SC, servicecommercialtoLSC, limited service commercial. T •The LSC designationdoesnotincludemotorfuelsales. The applicant would, thereforehavetoapplyforaplanamendmentaswelldevelopmentamendment, as a planned unit Comments The purpose of this ordinance i s to avoid time and upsettingwastingtineighborsbyrehearingsimilarapplicationsppnsforthesameproperty.Unless council finds a significant change since June in theneighborhoodorintheproposedmotorfuelstation, a reapplicationshouldnotbeallowed. Recommendation Deny the request for reapplication of a lann unitped development thatincludesmotorfuelsalesonthebasisthat: i l . There have been no significant changes in the neighborhood,g 2. The proposed motor fuel station is similar in use to what was denied in June. 3. The land use designation for this site was changed from SCg to LSC at the last hearing. A motor fuel station is not compatible with the LSC designation. J Attachments 1. Property Line /Zoning Map 2 Previous Site Plan 3 Letter 4. Proposed Site Plan (separate attachment) 2 AQ LLJ ow c••) 12 s ty ' e i (+) 4J ( a 13 (s) _J A+! cc E.... 9006 o LJ Itsi 8 111 ••, _: ' v I (44) ° ` IID s o ' 14 H+ Iii 1I. r 10 11 Cs 2) 7 8 - - ZOO. 0 LQ0.Q 4•c! Gc 13S R 3313' a., - 1 s: RJRy -c- -- o..• Ilk 16 f 12 a o Ci )''"" 1.113.E . ,a 1 A -41 1 1 1s f)r 1 1fj 1 01)1n n r! p t (OL , t c i .* Y+T t11 MlN t! \N (t.e ce P• t 1 1 (N•.••v •• ru•tt.Ka.r (s9 y d 1 Vc ' i 0 G•) g ( SI t. S . `O .t , ` ( w N / I p 309 T T.rc 111 4 42) I (SS • .' ` ` i ` 41) + to J, sa \54 N i v r 1 (1 1• t 1 ,!1 t.t in T....r 0 L t y pet, 11709 ,.• S z,. WT. a I . 01PAD I f 'nInW10. Z35 ZZ IIZu°l0 7il.. 31 at. CIcS r 11695 90toJ MAPLEWOOD 0 - - APARTMENTS Val 22251:1GC , ' 235.2 L9 ST. PAUL HILLCREST GOLF COURSE PROPERTY LINE / ZONING MAP IF ] 3 Attachment 1 IMIP • 7w 1 PENT B - - #a 00 99.Te'I 9978 474 6 23 00 WETLAND 0^ I o N f =s Q 32334 0 299.45' o r V !999-46'b 51 r o a r 4 k3I w• o UI r 299 4A• fn op R) m . in . (z))fie` iy 1.9oo,c m o ° r o C.'J j 10)L r O'QI r N lr J133.34 T 1 90cu• PROPERTY LINE / ZONING MAP IF ] 3 Attachment 1 1 tiff z I I 04. dug* #5s Opr Previous Site Plan 6/9/86 ' Motor Fuel Sales Denied) 4 Attachment 2 r GALE R. MELLUM REID CARRON JOHN H. HINDERAKER HENRY F. FRISCH JAMES A. 0 NEAL BRUCE M. ENGLER WALTER A.'PICKHARDT AMY B. BROMBERG DOUGLAS P. LONG FAEGRE 8 BENSON SUITE 1150, 8400 TOWER 2300 MULTIFOODS TOWER 8400 .NORMANDALE LAKE BOULEVARD 33 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55-402 BLOOMINGTON, MINNESOTA 55437 - 1076.6 12 /371 612/921 -2200 2500 REPUBLIC PLAZA TELEX 425131 370 SEVENTEENTH STREET DENVER, COLORADO 80202 -4004 303 / 592 -5690 10 DE WALDEN COURT 85 NEW CAVENDISH STREET LONDON WiM 7RA, ENGLAND 01 / 580 -3542 TELEX 8811084 I . October 14, 1986 1 F: May City Manager,, an OffiyygdOfce of Community Development, City of Maplewood 1830 East County Road BiM Maplewood, Minnesota 55109 RE Maplewood P.U.D., Northeast Corner of McKnight and Larpenteur Dear Sir or Madam: On June 9 1986, the Maplewood City Council denied the request of our client, George N. Nelson, Jr., to include motor fuel sales in planned unit development to be located at the Northeast corner of McKnight Road and Larpenteur Avenue. Pursuant to Section 36 -442, sbd.(h), we are requesting that the City Council direct reconsideration of the inclusion of motor fuel sales in the planned unit development to be located at the Northeast corner of McKnight Road and Larpenteur Avenue. Very truly ours, - AT f 7 G ry ,L . Gandrud Ej GLG:kah j 0247n 4 5 Attachment 3 Endor e TO Acting City Manager Mod.1f1ed. FROM: Director of Community DevelopmentSUBJECT: g Transfer--Si . p eeoe .. udget Date 4 DATE: December 1, 1986 D Re q uest Approve a budget transfer of $3,100 for signs for 'g city hall. Explanation 1. The is no mon left in the fund to ap for signs. 2. The following signs are needed: a. Office door b. Lobby directory C. Counter identification signs d. Parki space signs for the front row of parkin e. An exterior "Police After Hours" directional sif. An "Hours" sign on the front glass g. A dot between "City Hall" and "Police" over the front door Recommendation A Approve a budget transfer of $3,100 from the nu appropriated general fundbalancetoaccount01- 4730 -10 (building fund) for city all siy nsfg m A CARROLL, F NCK & ASSOCIATE. TRAININ 533 I:AWE ,TUL, M 5,5N q02 TO: Maplewood City Council Endorsed FROM: Department Heads, staff, and Anne Carroll' MOd ifiecRE: 1) Vendor and System and RejeCte --2) Request to enter into contract n D toDATE: 1 Decemher 1986 tiations with vem choice The following material first sum 'mari zes and then details the process that staffevaluatethecomputersystemproposals and the consultant followed to response to the Bid Specifications /Re p p s received informalrecommendationfor uest for Proposals. I t concludes withrvendoroffirstchoiceanda hour negotiations quest for Council approvanswiththatvendor.. to enter into contract COUNCIL SUMMARY: VENDOR SYSTEM RECOMMENDATIONS Review Process 1. The Ci received Seven proposals from2. They were first for completeness from vendors throu hout thereviewed • g country.eliminating three vendors.3. The proposed software and hardware of the remainin' fouranalyzedindetail , and re freferences g vendors waseswerechecked. One vendor was eliminated.demonstrated their products for ed. 4. The remaining three vendors Department, which eliminate r the FinanceS. The rerainin done vendor from further consideration.g two vendors demonstrated their ideration. departments. err products for all other 6. Staff, .department heads anddepartmenthe the consultant first met as a gradsmetseparatelytoselectthtc then e vendor of first choice. Vendor of First Choice Staff, department heads, andvendor e firs the consultant selected NCR Etchoice. n Systems as the Request to Enter into Contra •Contract Negotiations We are therefore re nest inNCI /Eden S q g approval to enter into contrystemsatthistime, act negotiations with This involves final identificationtion o f hardware, software, and costsaproposedvendorcontractandfinancing , and will result 'cing proposal to be submitted f review in late January or February 1987, or Council Vendor and System Recommendations26November1986 Page 1 DETAIL: VENDOR AND SYSTEM RECOMMENDATIONS PROPOSALS RECEIVED On Monday, 27 October 1986, the City received proposals from the followingvendors: Mentor Systems /IBM, Minneapolis Cogeb ec, Inc., Chicago, IL NCR /Eden Systems, Minneapolis /Seattle, WA Computoservice, Inc., Mankato, MN Data Management Design /Wang; Reston, VA /MinneapolisMTIOfficeProducts, Minneapolis HP /MMLC (Logis), Minneapolis EVALUATION CRITERIA The Bid Specifications stated that proposals would be evaluated based on but notlimitedto, the criteria listed below. It was further stated that these are not listedinorderofpriority, but that all were important and would be considered in reviewing the proposals received. Quality and sophistication of overall system Quality of training Level of integration of the proposed software Ability of the vendor to perform the required data conversions Ability of the vendor to deliver the hardware and software on schedule Abi I i ty to and ease of upgrading software and hardware to meet the City'slong -term needs The total costs of the system Availability and cost of system maintenance, service, and eneral levelge of technical assistance The vendor's sensitivity to and experience with the unique requirements of municipalities Attention of the vendor to the variety of software required b the Ciy Finally, it was stated that the contract may be awarded to the lowest ual if iedbidderorinthebestinterestsoftheCit q Vendor and System Recommendations 26 November 1986 Page 2 EVALUATION RESULTS Review One This review was essentially for completeness. The goal was to narrow the seven proposals to those which addressed most or all of the needs stated in the Bid Specifications. This resulted in the elimination of the followin g vendors for the reasons stated: 1. Mentor /IBM: This bid was missing some of the critical generic and specialized sof tware components. 2. Cogebec: This bid was missing some of the critical generic and specialized sof tw are components. 2. MTI Office Systems: They, too, were missing some critical capabilities, and while they offered to develop them, this would be all custom work and would add some unknown cost. The following vendors remained: Data Management Design /Wang Hewlett- Packard /MMLC (Logis) Eden Systems /NCR Computoservice Review Two The second review involved a detailed analysis of the remaining proposals. It included the following: A quantitative ranking of each proposal's response to the requests itemized in the Bid Specifications Identification of costs for each item proposed, organized according to software and hardware needs listed in the Bid Specifications After this review, Computoservice was eliminated from further consideration. This was because a large proportion of the software they proposed to meet the City's needs is not scheduled for completion until late 1987 or early 1988, making their bid not as attractive as those from vendors with software either finished or scheduled for completion much earlier. References: The remaining vendors, Data Management Design /Wang, HP /MMLC Logis), and NCR /Eden Systems provided complete user lists as references. For each system, several users similar to Maplewood were contacted, and each reported a high degree of satisfaction with the systems provided. (Note, however, that Maplewood is the first totally free - standing installation proposed by HP /MMLC Logis); all other users retain some kind of connection with the Logis consortium.) Vendor and System Recommendations 26 November 1986 - Page 3 Below is a summary analysis of the software proposed b the remaining threeYgvendors. Software specifications were grouped by function in the Bid Specifications, as shown. For each group, we detailed from one to 81 software specifications. The vendors were scored on each item, and these scores were converted to the percentages listed. The IIwtd o and unwtd %II notations refer to weighted percentage score" and unweighted percentage score ".. The weighted percentage allows those departmentswithmoreitemslistedto. carry more weight in the total score. The unwei g hted percentage evens the scores so that each department carries equal weight.Therefore, while weighted percentages may be useful to compare specific departments between vendors, the unweighted percentage (unwtd %) is more valuable for decision - making. CITY OF MAPLEWOOD SUNIARY: TOP THREE SYSTEM VENDORS (Review TM) NCR / Eden Systems Wtd% Unwtd% Corms Devel /Pub Wks Finance /City Clerk Arkninistration Parks and Recreation 91.08 86.06 97.53 90.00 100.00 100000 90091 90991 TOTAL, SOFTWARE 94.31 9134 Data Mgnt /Wang Wtd% Unwtd% 84.51 81.95 92.18 94.93 100.00 100000 81.82 81982 88921 89967 Wtd% Unwtd% Wtd% Unwtd% HP /NMLC (Logis) Wtd% Unwtd% 83910 79983 85.60 74.79 66.67 66967 63.64 63964 82993 71923 Wtd% Unwtd% Vendor and System Recommendations 26 November 1986 Page 4 Demonstrations for Finance Department On November 7th and 10th, the three remaining vendors were asked to demonstrate their Financial and City Clerk. software to the appropriate staff members. This groom was given special consideration because Finance and the City Clerk are already computerized in many areas, and therefore in a position to evaluate the proposed software at a much more specific level of detail. They were given the option to reduce the number of vendors to no fewer than two. Staff prepared for these demonstrations by reviewing both the Bid Specifications and the vendor's responses, and creating ' a detailed checklist for the financial and payroll software products. Results: Finance and City Clerk staff found HP /MMLC and NCR /Eden Systems software to satisfy the majority of their needs. They chose, however, to eliminate Data Management Design /Wang from further consideration for the following reason: While the software presented satisfied the majority of the written specifications, all staff found the line-item (vs. screen) orientation of the data entry to be too time- consuming. This was specifically cited as problematic in relation to receipts - processing, journal entries, and in coding of payables to different accounts. Demonstrations for All Other Departments Demonstrations from the remaining two vendors, HP /MMLC (Logis) and NCR /Eden Systems, were done on the November 20th and 21st. Both vendors were asked to demonstrate the software proposed for community development, public works /engineering, and parks and recreation, and staff from all departments participated in the 4 -6 hour demonstrations. Results: Both vendors demonstrated significant capabilities in all areas. Staff identified specific problems as follows: HP /MMLC (Logis) software was found to be generally less integrated and flexible than was desired. While some of these problems could be rectified through contract software modification, 1) the vendor did not appear to be fully prepared to make all of these modifications, and 2) some of the problems were inherent to the design of the software and therefore not solvable via modification. For the software still under development, staff understood that they would be allowed some input into the nature of the final product. NCR /Eden Systems software was found to be almost totally integrated, and very flexible. For software both fully developed and under development, staff felt confident that 1) the vendor was fully prepared to and experienced in making the required contact modifications, and 2) they would have significant input into the nature of the final product because, in effect, the vendor's standard approach was to customize software to meet the needs of each new user. Vendor and System Recommendations 26 November 1986 Page 5 Following the final demonstration; staff met with the consultant to compare the two vendors and reach some preliminary conclusions. Department heads later met separately to discuss the staff and consultant's analyses, and reach final c one I us i ons. SELECTION OF VENDOR OF FIRST-,CHOICE While the software offered by both vendors would require some modifications and enhancements to perfectly match Maplewood's requirements, staff, department heads, and the consultant agreed that the software and hardware proposed by NCR /Eden Systems would best meet the City's short and long term needs. Generally, this was based on the greater integration and flexibility of the Eden Systems software, and the extensive experience of the vendor in modifying the software as necessary to meet the needs of users. REQUEST TO ENTER INTO CONTRACT NEGOTIATIONS We are therefore requesting Council authorization to enter into contract negotiations with NCR /Eden Systems. This step w i I I . take 4 -8 weeks, and involves the following: H ardw are Identification of final configuration and costs Determination of what hardware will be placed where in the new city offices terminals, microcomputers, printers, etc.) Determination of implementation schedule, linked to staff requirements and software Software Identification of final generic and applications software, and costs Specification of critical modifications and costs Determination of implementation schedule, linked to staff requirements and hardware Costs: Costs for the NCR /Eden Systems proposal are expected to fall within the 150- 250,000 range previously discussed. These are not detailed in this report because actual costs will depend on final hardw are and software configurations, required software modifications, and system staging. Financing: Concurrent with this vendor negotiation process, the consultant will work with Finance to identify the most appropriate financing method(s) and negotiate agreements. The proposed vendor and financing contracts w i l l be reviewed by the City attorney, modified as necessary, and submitted to the Council for review in Fate January or February. Following approval by the Council, the phase one software and_ hardware will be Ordered. Anticipated implementation of this first phase is April-May 1987. Vendor and System Recommendations 26 November 1986 'age 6 MEMORANDUM Action by Council&l EndorseTO: Acting City Manager a FROM: Finance Di rector Modified RE: Ordinance to Increase Sewer Rates 1st Reading) Rejec9)DATE: December 2, 1986 P- t PROPOSAL It is proposed that sewer billing rates be revised effective Janua 1, 1987 in order to (1) provide the revenues anticipated in the 1987 Budget and 2) to equalize rates so that all customers pay the . same rate gallon.erP BACKGRn[IND The last sewer rate increase was effective January 1, 1983. At that time,the Council completed the phase out of the senior citizen discounted rate and began the .phase out of the discounted rate for Class A non- residential rates. Currently, the 3M Company. is the only eligible customer for the Class A rate. The reason for the phase out of the discounted rates has been to make our billing rates more equitable. Class A customers have been billed a discounted rate because of their nearness to sewer interceptor mains. However, no other customers receive a discounted rate based upon their nearness to sewer inter- ceptor mains. In 1983, the Council also increased the sewer rate for apartments and mobile homes by $3.00 per quarter more than recommended by City staff. This change was made so that apartments and mobile homes would pay a rate closer to that of single- family homes. However, the effect of this was to make apartmentsp and mobile homes pay a higher rate per gallon than other classes of customers. RATE MAKING LAWS Chapter 473.519 of state law requires that local governments have sewer rates which allocate sewage treatment costs proportionate to usage pursuant to the Federal Water Pol l.uti on Control Act Amendments of 1972. These federal regul a- ti ons have been imposed because the M . W . C . C . receives federal aid for improvementsp and expansion of the Metropolitan Disposal System. The State law in effect requires the City Council to set sewer rates based upon reasonable estimates of sewage flow by type of dwelling. Thus apartments, for example, must be billed a sewer rate that i less than the rate for single-fami dwel 1 i ngs . PROPOSED RATE INCREASES In order to generate the needed $2,198,610 in sewer billing revenues, the following rate changes are needed: Residential (rate per quarter): Single Family and Townhouse Duplex Apartment (incl. Condominium) Mobile Home Non - Residential (rate per 1,000 Class A Class B Minimum Charge (per Quarter) gals.) rVcZcii6 rruNubCu 27.b0 28.00 55.20 56.00 25.10 22.40 25.10 22.40 1.20 1.40 1.38 1.40 5.80 5.90 2- Supporting calculations for the above rates are in the attached Exhibit B. This exhibit shows that the total revenue needed was divided by the billable flow to calculate a rate of $1.37 per 1,000 gallons.. Added to this was .$.03 as a contingency for changes in billable flow to arrive at the proposed 1987 sewer billing rate of $1.40 per 1,000 gallons. This rate was multiplied times the estimated annual sewage flow for each class of customer. The result was the annual charge and this was divided by 4 to calculate the quarterly charge. The proposed decrease in the rate for apartments and mobile homes occurs because the rate for these types of customers was arbitrarily increased by the Council by $3.00 per quarter above the staff recommended rate. Thus, these types of customers have been payi ng a hi gher rate per gal 1 on than most other types of customers for the past three years. During budget meetings with the Council, it was indicated that sewer billing revenues needed to increase by 5/ effective January 1, 1987. This recommendation was based upon a financial projection covering the years 1986 -1990 which indicated that Sewer Fund net losses would rise to $285,000 in 1987 without a rate increase. If the M.W.C.C. eliminates the lake overflow charges as planned in 1988, the proposed new sewer rates should provide sufficient revenues through the end of 1990. RECOMMENDATION. It is recommended that the ordinance attached (Exhibit C) which provides for a revision in sewer rates be approved for first reading. CC: City Clerk ESTIMATED CURRENT SEWAGE FLOW DATA Residential Single family houses Townhouses Duplexes Apts. & Condominiums Mobile Homes Total Non - Residential Class A Class B Total Grand Total Est. Flow No. of Per Unit Units 80 6 80,000 451 160 78 64 2 64,000 675 9,833 Flow Percentage of MGY Total Fl ow 515.1 36.1 12.5 140.2 43.2 747.1 46.7/ 612.9 38.3/ 240.6 15.0/ 853.5 1,600.6* Total f 1 ow equal s 94% of the flow billed by M. W . C . C . for 1987. The remaining 6/ is assumed to be unmetered flow caused by infiltration of ground water. I- nIIIUI 1 D SUPPORTING CALCULATIONS FOR PROPOSED SEWER RATES 2 Revenue needed from sewer billings per the 1987 BudgetgP9 1 Annual Billable sewage flow per Exhibit A 1.37 Rate per 1,000 gallons ($2,198,,610/1,600,600 x 1,000) 03 Contingency for changes in billable flow 1.40 Proposed sewer rate per 1,000 gallons Residential quarterly charges: Single Family and Townhouses 80 $112.00 $28.00 Duplexes 160 224.00 56.00 Apt., Condominiums and Mobile Homes 64 89060 22.40 PROPOSED ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 28 is hereby amended to read as follows: The following rates and charges are hereby establ- i shed for all sanitary sewer services furnished by and in the City: 1) The quarterly Single- Family Townhouse Duplex Apartment (In Mobile Home residential rates shall be: Dwelling $28.00 28.00 56.00 cluding Condominium) 22.40 22.40 2) Non - residential rates shall be $1.40 per 1,000 gallons. Non - residential sewer service charges shall be a minimum of $5.90 quarterly per sewer service connection. 3) The rate for properties used jointly for residential and commercial purposes that are not metered separately shall be billed at non - residential rates. 4) In respect to property which shall be connected with the City sewer system for the discharge and disposal of other residential, commercial or industrial sewage waste, or any waste unusual in either character or amount, then in addition to all applicable charges hereunder, the City Council reserves the right to impose such supplemental sewage rate charges as said City Council shall determine as reasonable and warranted on the basis of all relevant factors. Section 2. This ordinance shall take effect and be in force beginning January 1, 1987. 1W Asti off. by Counoj 2 Y, MEMORANDUM Modify ed Rejected,„ Date TO: Dan Faust, Director of 'FinanceFROM: La Cude, Director of Emer encDATE: November 24 8619 g y Ser On or about August 28, 19.86 •the ex end t the Maplewoodewood C ty Counc a rpureoffundstoremodelthesace pp. oved which were to be occu ied b Services, p s at 1902 £. County Road BpyEmergency Based on that action Emer encrequesten y Services contacted two contractogqnot g es (enclosed) for the work to be done. rs Renstrom Construction •1810 N. Sterling Street, Maplewood,tractor selected with a rice of $39828 p od, wasthecon p The work has been comple •-pleted and the final statement frombeenreceivedfortheamountof $4,052..50, om Renstromhasbe . n Th:e added 224.5 'justified based on i - ro e ss moth f ca $ 0 i spgrtionsrequestedb m department.y y I request that thi bill •be pay d from the Unaa ro ri aFundBalance. I f the entire am , p p ted Generalountcannot. be taken from this accounpleasepay: the $3,828 and the tbalancewil1betransferredfroEmergencyServicesbudet,. m theg Thank you LJC kd enc. III HkUUI3IT[U I OF MA PEY'Y00 IYINNESOTA Names of Bidders Renstrom Wanless ConstructionThisisNOTPurchaseOrder) Construction Co.Company Quantity Description Unit Price Amount Unit Price Amount Reconstruction of Emergency Services area in Public Works Bldg,3 3 43 ,090 * 41090 Wanless Construction did not i adding an additional sprinkler head Also did not include electrical wor When I contacted him via phone, he gave me the quote of $150 for sprin ler work and $450 for electrical work.. His original quote was $3,49 Wit the additional work,it brought his total to $4,090. The difference between the two bids is X262. Recommendati n is that Renstrom Construction Co. b awarded the bid. NV t h: (Fi side must contain full explanation of reasons for (1) recom mending other than low bidder or (2) single bi.d, if such is the case) Deliver to Name and address of recommended bidder Renstrom Construction Co. 1810 N. Sterling St. St. Paul, MN 55109 Budget Code No. 01- 7 J --12 Purchase Order Needed: Yes No (X Purchase Order No. Assigned by Finance Dept.) Reques e by: Signed Date 9Z18/8' City Ma Approval (C pi 1 O lay Only): i l Signed Datex / Finance Department Approval: Signed Date Page No. of Pages RENSTROM CONSTRUCTION ' 1810 N. Sterling St. ST. PAUL, MN 55109 Phone 777 -7 PROPOSAL SUBMITTED TO PHONE DATE of cwood STREET JOB NAME E Co CITY, STATE AND ZIP CODE JOB LOCATION 3021 L.r 1ARCHITECTDATEOFPLANS JOB PHONE We hereby submit specifications and estimates for: 1 IL i.Ct.C: '.C;. yt..t'iTl ..... ,,....y t : ... YJ ,n . ................ Move 1 L''JC,... 1 oor - v TT),c r)I ltiliO ClVj.)i . VJ 74J. .L11 1.i`V4 >'." r ' rV .J.. f { o t cT r '( rr . 1. O J.y. F1 ..d. r y r -. n..... { t ,. ] . .. 'rft` l , V Q 4J.L ., dl r'J(: f ' r ' t l x ' 11 CC.1» .Li I o st... 51 t :,: y....E,, „,. ,...a. .. rta3 :: s ... to.. .. .. :1•:y]r`' ,. ;'. :...'GC; : '.r, .. CO 0- .. . r. 1 .....S r i'i'i% rY ' t / ” rt . „ . • ` ,opening . 1 , , ,. oz ; cc . 1t-, bc111. wood janib ' `Lr:in {` h ng - w .w., -y ................... C a 0 V .._ .. d Ci o.J.. C Ct 's a ..1 c1.0 "i:r' .'' 'c; ).J3:' •Ue 11 .V"£ ' a '' . "r t; -I_ J ' 05 . *g "' . ".... ............... r .... j .. Y .................. ............................ ....... .+:..,.. s . Lag! .. . oor . i:t.l«"..y . '•V'.'C•'r`.! o.. . -'}}yy/- (. : r S .t r if,• ;, 'J . .` a; `` ' "7 .T t-r r 7 .h '1 C ? • „ tfG1E :t'Jr'V .. 4 '..C'i ti,'Y' :i;t_t.}y '!:J (:1Cs !. f.. .,J'. J ;. ?......., 'r rtbC. ve o i o `;1. }'1,"?' su 'ipendeC cC:; I i n Q 1rtt r ' l c' tile. Electric; InstCtll five r ecept cle o ii].aero re . : This ..... '`U pCJsi ::.:.... i .... :'' ., .' ;..... .....t'j:'.....! * 00 .` t; q.... mC?v e....or....a.- ?d.....on- e....r p r-i- 1I,:I'er ................hec d , Or froVOU hereby to furnish material and labor'— com lep to In accordance with above specifications, for thee sum of. Three 't s" J l? i 1( G ? 11`0 11,7.1,C.: orl .: £ i t t. ,r,R 1 .•......,.».., o. b.........., ...,...,..............«...... ndollars ($ -1 ) .Payment to be made as follows: FLi Ll XI't7 110.11 V on C:O' ±':li T.'L:LQI. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifics Authorized rAtionsinvolvingextracostswillbeexecutedonlyuponwrittenordersandwillSignaturePItbecomeg 1an extra charge over and above the estimate. All agreements contingent upon strikes, accidents.. or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note This proposal may be Our workers are fully covered by Workmen's Compensation Insurance withdrawn by us if not accepted within __ Antic AraptUttirr Of fr1l; 1111141 The above rices s ecific ipFatlons and conditions are satisfactory and are hereby accepted: You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance:Signature FORM 118 -3 COPYRIGHT 1960 - Available from ees Inc., Groton, Mass. 01450 Page No. of Pages ANL:E CONSTRUCTION COMPANY 1169 RICE STREET St. Paul, Minnesota 55117 A.ttn: Mar re building inspector 48.8 - 7218 PROPOSAL SUBMITTED TO PHONE DATE 0 1 ty o. Ma ,p 1ewood 9/15/86 JOB NAMESTREET 1902 E. County Road B CITY, STATE AND Ii ZIP M CODE 55109 JOB LOCATION sameMaplewood ,, ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: 1. Remove Partition walls as s11 on plans 2, Add walls, as shown orl plan with. -m studs and 5/8" sheetrock, 3, All new walls will 'be taped three costs and . pai.nyted to match existing walls. 4. Remove metal do i'rorn hallway story room a.nd fill door area.. 5 111 -i.nk tall door from, story. e Zoom in hallway, Insta.l.l new lock. 1 6 * ::EbNfend partition walls r ;h cc;il.in to rood. Metal studs and 5/811 she etr o ck, 70 Install double 3' x 6 18" solid core oak..door and jamb. 8. Dove sprinkler head in hallway, 9, Move drop -in ceilin light future. 10 leave ceil] ng air corndit defuwers, 11 Patch in 12" the floor where partitions were removed. Floor - tile cann be matched. 12. Stain new oak door, 13, Clean up and. cartage of debris Total amount of estimate $3,490000 You the buyer, may cancel this purchase at any time prior to midnight of the third business day after the date of this purchase. Ve 11rapast hereby to furnish material and labor — complete in accordance with above specifications for the sum of: dollars ($ ) .Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner 'according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders. and will become an extra charge. over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorized Signature' -' _1xe - Note: is proposal maybe withdrawn by us , not accepted within , days. Arcroattirr jot ant — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature _ Date of Acceptance: Signature MEMORANDUM TO: Ma & Ci CouncilFROM,: Attin City Mana rSUBJECT: Pipeline Safet ResolutionDATE: December 3, 1986 Aotj by council0 End o-r e Re E) C D at The attached sample • resolIt on from LMC.i pisbasic--1y.a resolution en resented for Your consilobbfamendmen deration, .ts to the Pipel in the National, League Of Cities tDurenberand - I-ento bills s ne Safet Acts Of 1968 and 1979, The j available at this time, eem to be the most reco legislatio Adopti Of the.iattached resolution is re commendedf KGH: I nb RESOLUTION STATE AND LOCAL PIPELINE SAFETY CONTROL WHEREAS, the recent rupture and explosion of a asol i ne pipelineinegpp inMoundsview, Minnesota, has demonstrated the potentially azardous 'y conditions.t, ons.of underground pipeline transportation of volatile petroleum productstheresidential., c p p throughcommercialandindustrialalareasofthenation's cities; and WHEREAS, there are millions of gas pipelines throug -hout the nation mon.i Lori n.g or inspection; and miles of liquid petroleum and natural.. which receive inadequate federal WHEREAS, current federal law. appears to pre. empt state and local authorityytoregulatetheoperation, monitoring, transport, and safety of such interstatepipelines; and WHEREAS, federal legislation has been introduced to establish a communityyright -to -know pol i -cy with respect to substances transported through such pi pel i nes and require the use of monitoring and valve techniques for both new and old pipelines to detect leakage and assure automati c shutdown in the case of such incidents; and NOW, THEREFORE, BE IT RESOLVED, by the: Maplewood, Minnesota City Council,that the National League of Cities should strongly support federal legislationtoamendtheLiquidP' •q i pel.i ne Safety Act of 1979 and the Natural Gas Pi pel i ne Safety Act of 1968 to require more stringent testing procedures ; increased community notification; installation of automatic shut -off valves on all pipelines; and strengthening construction and standards of new i elines proximate to resi denti al , hospital nursing home, school or correctional faci'l i ti es or other permanently inhabited facility, including minimum distance requirements. IN MEMORANDUM TO: City Council FROM: Finance Director RE: Insurance for Earl Retirees D y ATE. November 13, 1986 Action by Council el Endorsed eeoted Dat I have been advised that the Council requested informationq oninsuranceforearlyretireesatitsNovember10th r meeting.Attached is a report I prepared g •p p p . ed for the City Manager earlierthisyearonCitypolicyoptionsregardinginsurancefor early retirees. I.called Don Lais today to find out why ehadnotputthisitemona y Council meeting agenda. He indicated that he was in favor of my recommendation but thought that it should be reviewed by the City Attorney.Also, Don wanted to del y ay action on this subject because union groups are planning on requesting the State Le i agg ture to change the laws regarding insurance for early retirees. DFF:inb MEMORANDUM I= T0: City Manager FROM: Finance Director RE: Insurance for Early Retirees DATE; February 18, 1986 I have been advised by Group Health, Inc. that they will increase our P remium rates immediately by 0.5% if we allow retired employees to remain in our rou9 P plan. Coordinated Health Care and Blue Cross /Blue Shield have stated that they will not increase rates. However, Blue Cross /Blue Shield rates are based on experience, so eventually rates could increase if the claims experience is not satisfactory. DFF:1 nb MEMORANDUM TO: City Manager FROM: Finance Director RE Policy on Insurance for Retired Employees DATE: February 7, 1986 PROPOSAL It is proposed that City policy be revised to allow employees that retire on or after March 1, 1986 to continue their group health care coverage (including dependent coverage) at their expense until the retired employee is eligible for Medicare coverage. BACKGROUND During the past several years, there have been requests from various employees nearing their retirement that the City allow them to continue their group health care coverage. Generally the reasons for this are that the majority of this expense has been paid for by the City prior to retirement and the cost of non - group coverage after retirement is higher than group coverage. Recently the Council received a request from the Sergeants bargaining unit that the City provide insurance for retired employees (Exhibit A), in 1979, the Employee Insurance Committee studied the issue of health insurance for earl retirees, The results of this study indicated that allowing earl retirees to continue their group health coverage would increase the premium. City employees were surveyed regarding this matter and many of them objected to paying a higher premium so that early retirees could continue their insurance coverage, However, 75% of the employees covered by Blue Cross and Blue Shield. were in favor of adding the option for early retirees to continue their coverage. The 1979 study also investigated whether the City would be required to self- insure if coverage for early retirees was added and then, at a later date, was unable to get a company to bid on coverage for early retirees. The City Attorney indicated. that legally the City would be forced into a self - insurance program. A consultant indicated that it would not be financially feasible for a city of our size to self As a result, the Employee Insurance Committee recommended that: 1. The proposed amendment to the Blue Cross and Blue Shield policy for early retiree insurance no longer be considered as it is not financially feasible. 2. Employees anticipating retirement that are covered by Blue Cross and B1ue.Shield should consider converting to Group Health plan as upon retirement they can convert to a non -group plan which provides excellent coverage at a low cost. A complete copy of the 1979 study is as Exhibit B. One misconception employees have of converting to non -group coverage under Group Health Plan is that the coverage can not be continued if the retired employee permanently moves out of an area served by Group Health Plan. This is not true because, in this situation, the individual is allowed to convert to a traditional health insurance policy with Mid- America Insurance Company and they have three policy options. How much insurance premiums woul increase •crease f r employees are algroupcoverageisdifficulttoredic tocontinuetheir predict. • I t Will depend on howmanyemployeesexercisetheoptionandwhattheirhealthcondition •ton 15• .Also, tcanbearguedthatwithouttheoptiontocontinuegroupinsurance, man emworkuntilthey .are eligible for M y employeesmaydecideto ed as Medicare. In that case, their claims9experiencetothesamegroupthattheaimswouldbechar continue group insurance was in of y would if the option tofect. State law, Chapter 62A.17 requiresires 'lay off q citieses to allow employees upon. terms na ti on _ to continue their group health coverage on or ge for one year. However, emp eesthatretirearespecsfi.cal ly excluded from this re ui r m471..61, all ctes the option q e ent. State law, ChapterPnofcontinuinggrouphealthcoveragefretiredemployees. g or its On February 6th, surrounding cities were surveyed by phone regardingoninsura9 their 'u ante for retired employees. Of polcythe16citiessurveyed, 10 allowed retiremploytocontinuetheircoverage, but 3 of these c e ctes limited the continuanceperiodto6 -12 months. (These three cities seemed • Chapter 6 to have the misunderstandingthatStatelawChaP2A.17 requ i red them to allow ret i red •Of the employees to conttheirgroupcoverage.) l0 that allowed continu •employee pay the entire cost uance, 8 requ that theThetwocitiesthatpaypartoftheretirpremiumsareSt. Paul and South St. Paul, insurance A 1983 survey by the League of Minn •i 9 cities contact Cities of outstate cities over 10 000tonindicatedthata)1 seven c popu-la ted allowed retired employees tocontinuetheirgrouphealthcarecoverage. However, only wo of •y these cites paidanypartofthepremium. Another end' 1983 survey, which was conducted b Coon RsatedthatonltwoofnineMinneapolisy suburbs contacted allow retired employeestocontinuetheirgrouphealthcarecoverage,, Once a decision is made to allow retired •employees to continue their group health i care coverage, the next dec needed s what orti on f •shoul the City a At P o_ the .premium,. i f any,Y P y ched are two excerpts from the Minnes Cities mregardingthissubject (Exhibits C and D These magazine 0 important question raised ) e articles contain very usefulinformation, An iExhibit y n C i whether a city dolspentonbenefitsforretiredemployeesbuysasm ' or y Y much public service as a dollor spentonsalarybenefitisforcurrentemployees. The article i n •example showing how Exh b t D contains angexpensivecitypaymentsforretiredemployees` insurancebecome. It also indicates that future sit - can city -paidd prem ums for retired employees woulhavetobetreatedasacurrentcostandshouldbefund 'funded prior to retirement of theemployee. • Any city which accumulates lar a unfu •cou]d m a 9 u ded post - retirement health benefits.P i r its credit rating and raise i cost of borrowi POLICY OPTIONS The City has three basic options: 1. No change of the present Policy of not allowing r9 employees tocontinuetheirgrouphealthinsurancecoverage. 2. Allow retired employees to continue their rou9 p health insurance coverage at their expense. 3. Allow retired employees to continue their rou heal ' art of 9 P healt insurance withPthecostpaidforbytheCity. The advantages to the City of Option l are (a) health care premiums would notincreaseasmuchwhenretiredemployeescannotcontinuetheirgroupcoverage,b) no city cost with this option, and (c) may help discourage productiveemployeesfromretiringearly. The only possible disadvantage of Option 2 is that it would not provide an incentive for early retirement of senior employees,some of whom could be replaced with lower paid employees. Option 2 advantages to the City are (a) little or no City cost with this optionand (b) may help discourage productive employees from retiring early. Disadvantagesofthisoptionare (a) health care premiums would increase and (b) would not provideanincentiveforearlyretirementofsenioremployees, some of whom could be replacedwithlowerpaidemployees. The only Option 3 advantage to the City is that it would provide an incentive for early retirement of senior employees, some of whom could be replaced with lower paidemployees. The disadvantages are (a) health care premiums would increase, (b) some productive employees that are hard to replace may retire early, (c) City costs would increase, (d) accurate current funding of this benefit' would be difficult because future costs would be hard to predict, (e) City money spent on benefits for retired employees would have little or no impact on the quality of City employeeshiredcomparedtomoneyspentonbenefitsforcurrentemployeesand (f) insurance for retired individuals is a social issue more appropriately handled at the state or federal level. RECOMMENDATION Option 2, which would allow retired employees to continue their group health insurance coverage at their expense, is the best because (a.) it is a good compromise between Options 1 and 3, (b) a majority of City employees in the past were in favor of it and (c) the increase in premiums should be minimal if it is limited to the time until Medicare eligibility begins. Therefore, it is recommended that the City policy be revised to allow employees who retire on or after March 1, 1986 to continue their group health care coverage (including dependent coverage) at their expense until the retired employee is eligible for Medicare coverage. DFF:Inb it CITY OF MA 180 FROST AVENUE M APT EWOOI MINA EgpTA 55109 PARTMENT OF PUBLIC MEOW wwa SAFETY— OFF1C'E OF CHIEF OF POLICE 612-770-4S30An November 19, 1985 City Council Members City of . Map 1 ewood 1380 Frost Avenue Maplewood, MN 55109 Dear Counci 1 Members: I a recent conversation witth Council Member Norman Andergraveconcernarose, this being son. a matter of have their h 9 the.Opportunity for City eosp ta) zat on paid for unti th Y P ogees to could be covered under Medicare y reach an age whereby the. of employees e or some other carrier or the y retaining the opportunity to Possibilityty continue to be covered b pay their own premium but age, y the present carrier when the •y are at a retirement Mrs Norman Anderson ask . s reitaskedmetosendhimthisrequest •can be brought up when the Cit t n a written form sotyCouncilmeetsinanexecutivevesession.The rationale for th • ithisisthat n the past we, the Serg •group, have requested such an o r 9e8nts negotatingManagersbutthPPotunitywfienmeetingwiththeCieformerManagerswouldneverty r e 90 forward with this request,We now feel it would be a pp opriate to present this to thea Ci Council, andtheycouldmakeitapartoftheare the hiring criteria in the in -y using to hire a new Manag for interview processtheCityofMaplewood,ewood. Very truly yours, LO Vol 01 tm EXHIBIT B TO City Manager FROM: Employee Insurance Committee RE Health Insurance for Early Retirees DATE: February Attached is a report from the Employee Insurance Committee on health insurance for early retirees which recommends the following: 1. The proposed amendment the Blue Cross and Blue Shield policy for early retiree insurance no longer be considered as it is not financially feasible. 2. Employees antici retirement.that are covered b Bluey Cross and Blue Shield should consider converting to Group Health Plan as upon retirement they can convert to a non- group plan which provides exce coverage at a low cost. It is recommended that you endorse.these recommendations and arrange to have copies of this memo and the attached report distributed to all City employees and the Council* Action by City ]Lgr. 3l Encrse T ' J V _ • ' I'- 1 1y MEMORANDUM TO All City Employees FROM: Employee Insurance Committee RE : Health Insurance for Early. Retirees DATE: February, 1979 For the past several months, your Employee Insurance Committee has been attemptingtoarrangehealthinsurancecoverageatareasonablecostforemployeesthatretirePriortoage65. Early retirees according to law are allowed to convert to a non- group policy but those employees covered by Blue Cross and Blue Shield have foundthis -to be very expensive. For example, an early retiree at age 62 with a spouseofthesameagewouldhavetopayBlueCrossandBlueShield $93.05 per month. This is $3.09 greater than the X89.96 monthly premium for family coverage chargedforpresentemployees. Consequently, when the specifications were prepared for the September 1978 roug p insurance bids, alternate bids were requested to allow early retirees to remain covered by the City's group health insurance plan. Blue Cross and Blue Shield submitted the low bid for health insurance and indicated that there would be no extra charge to have early retirees included in the City's group plan. However,the claims for retired employees would be charged back to the City's group and would be used with the claims experience for current employees to adjust premium rates. The effect of this would be increase in the premium rate over a periodoftimeasmoreandmoreretiredemployeesareaddedtotheCity's group plan.y 9 P PThisisbasedupondatafromBlueCrossandBlueShieldthatindicatesa retired couple in their early sixties would be charged $97.23 per month on a non -group policy which compares to $55.00 per month for a young yfami1 of four. Another disadvantage of adding coverage for early retirees is that at a later time it cannot legally be eliminated or decreased unless the individuals covered agree to it. Thus, if a retired employee has unusually high claims there would be no way to remove him from the group unless he agreed to it. In this case, the unusually hiqh claims would result in an increase in every employees' premium. Due to the controversial nature of th -is issue, the Employee Insurance Committee recommended to the City'Council that coverage for retired employees be provided if 75% of the employees covered by Blue Cross and Blue Shield are in favor of it. During the month of October, survey forms were prepared which provided background information and proposed wording for amendment of the City's group insurance policy. These survey forms were sent out to City employees on October 27th. The results of the survey indicated that of the 57 employees covered by Blue Cross and Blue Shield, 25 voted yes, 1 voted nay, and 31 abstained. The yes votes indicated that only 44% of the employees were in favor of the proposal. On November 27th, the Employee Insurance Committee met and debated the significance of the large number of abstentions on the survey. No conclusions were reached but it was decided to re- survey City employees and inform them that abstentions would not be counted as no votes. A total of 43 responses were received on the second survey and all of them were in favor of insurance for early retirees. On January 2nd, the Employee Insurance Committee met to discuss the results of the second survey. The question was raised of would the City be . requi red - to self- insure if coverage for early retirees was added and then , at a later date was unable to get a company to bid on coverage for early retirees. It was decided to refer this question to the City Attorney. He indicated that it was probable that legally the City would be forced into a self - insurance program. The feasibility of a self - insurance plan (including coverage for early retirees) for the City was referred to an expert consultant in the field of self - insurance. The con- sultant indicated that a self - insurance plan including coverage for early retirees was not financially feasible for Mapl ewood' s size of its group. On January 29th, the Employee Insurance Committee met to consider the opinions of the City Attorney and insurance consultant. At this meeting, it was indicated that employees covered by Group Health Plan that retire can convert to non -group coverage which costs less than family coverage under the City's group plan. A retired couple is charged $68.05per month on a non -group plan which compares to 93.60 per month on the City's group plan. The reasons for this lower premium are 1. The group plan is based on an average family size of 3.4 persons whereas the non -group plan rate for a retired couple is computed on.a 2 person size family. 2. The group plan provides for 365 days of hospital coverage whereas the non - group plan provides for 180 days of coverage. 3. Maternity benefits are lower.under the non -group plan. 4. Non - group plan rates are calculated on the same loss ratios as group plans and there is no experience rating by group. It is the opinion of the Employee Insurance Committee that Group Health Plan is the best buy for early retirees. Annually, there is an open enrollment period for Grou p Health Plan whereby employees covered by Blue Cross and Blue Shield can convert to G.H.P, without evidence of insurability. Also, employees at any time can convert to G.H.P. subject to evidence of insurability. Therefore, it is recommended that employees planning on retiring arrange to convert to G.H.P. prior to their retirement. In this way, upon retirement they can convert their group G.H.P, coverage to a non - group plan. (G.H.P. will' not allow employees covered by Blue Cross and Blue Shield to convert to a G.H.P. non- group.plan. Only individuals covered by a G.H.P. group plan can convert to a G.H.P. non- group plan.) Furthermore, the Employee Insurance Committee recommends that the proposed amendment to the Blue Cross and Blue Shield policy for early retiree insurance no longer be considered. 4- f dod ki 0 ou STANLEY PESKAR EDITOR'S NOTE: The questions below are typical of the thousands of inquiries the League recei%es each year, for more comprehensive treatment of questions, the information service of the league is al%a) s asailable to Muni(ipal officials. Pf RSONNE! —RE TIRE ME NT sf 1 t i t ff + 1 i it t% tw r)e)r %Onn(•1 l() grant It 1 ), h1c, dental, and other emph)% m%uran( v re ft,rf I(/ ( it (•ni j)1()% (•tw•! N1_S. 41.01, Sutxl. a permits cttwt k t() pr(» id(l group health, life, and wher insura benefits to rewed ( it% Elml)luy -ees and their dependents. Ho%%e% -er, . under Xi.S. 1 79 .03. Sul) 18, a city need not nego tialle on any pension benefit Item. 1 hu•. , city could legally granthealthhenefitstoretiredemployee an(l their cIependtants, but it is not re- 4111"1 t)% la" to bargain with anyI &II) r e, ganir.(tiun al)ui,t this subject. K(-I(, v Liking any steps in this direction, policy- making official should consider all implications of of fering these benefits. Perhaps the fac for which should create the most reticence is the difficulty Of late r backing away from what employee will regard as a commitment. If these benefits are granted to presently retired employees, current employees with some jusification, will assume that part of the compen- satlon for which they are working istheavailabilityofcity -paid grouphealthcoverageafterretirement. gSomesortofcontractualclaimmig even be arguable if current salaries are lower than they would otherwise be and some funds are set aside for future premium costs as well as for paying current premiums. In any event, a council that for financial or other reasons wants to discontinue or reduce an existing program of this type will face great political pressure and moral indignation from all former and current employees and yfromallthesupportingcitizen that these employees can muster. The costs of these programs, once started, are difficult to predict or con- trol. Health insurance premiums have in recent years escalated at a Yfrighteningrate. Though man future retirees will be eligible for Medicare and may be demanding only sup- plementary Insurance from their former employer, the gap between total medical costs and the part paidbyMedicaremaywellgrove. To con- trol inflation in the health care in- s dustry. the federal got pears to be coming nt establishing around g a policy that a signifipartofthecostofcafemust the ' . b0byindividualtreated. Tht s, s theory goes, gives the patient a 14healthcarerovideraniPincentive ,minimize costs. To the extent thafederalgovernmentincreasestthheatientcostshare, pressures will rno on cities wit retired emp ee ptar un i, to increase benefits, thus increasiCitycostsanddefeatingtheWert 'ederPolicyobjective. Finally, a city- contemplatingretiredemployeehealthcare g needs to consider whether a 414- spent on retired employee heak• coverage buys as much publi k , vice as a dollar spent on salary- a other benefits for current emploThoughsecurity- for retired cn, employees may be a legitimate secondary objective, cities in Mir nesota function primarily to pro% specific services such as police anc fire protection, streets, libraries, anc recreation. It is primarily a federa' state, and county responsibility tc provide general social benefit; Those benefits arguably should I relatively uniform for all citizens it stead of directed to a fairly sma' class. If, In the future, retiree healtf insurance becomes a %videspreacp benefit in both the private and pub' spheres, as ha% general pensio• benefits, a stronger argument for cit entry into such a program can the - be made. ELEVATED TANK SERVICE INC. Water Tower Specialists All Work Guaranteed WELDING 4D NEW AooF TWENTY FNEWRISERSSANDBLFIVE YEARS EXPERIENCE PAINTING BOARD OF HEALTH AND AWWABONDEDANDAPPROVEDINTERIORCOATINGSNEWSHELLSINSURED ` MEMBER AMERICAN WATERWORKS ASSO'CIITION A 1 1W Insulated Frost .Jackets of = t - , • Double Metal Construction WATER TOWER MAINTENANCE TWENTY -FOUR HOUR Roll Olson EMERGENCY P. us: (605) 30CYSERVICEoBoxBoa SIOUX FALLS, S. D. 57101 RES: (605) 344.2232 l ii 1 it k $P' MI!`'NESOTA CITI`' IL Did YOU 11110W: Stanley Peskar Early retirement and group health plans Should cities provide group health insurance to retired einploy- ees as an inducement to early retirement? Although this question is largely one of policy, the consequences of an ill- considered decision can impact city budgets for years to come. Some tem- porary savings might occur if certain people retire early and if a tight budget would otherwise force layoffs. How- ever, once a program to encourage early retirement by providing health insurance for retired employees is in place, it is difficult to effectively target the plan to cause retirement of individ- uals whose loss would least cripple the city. Those choosing early retirement may include productive employees whose replacement is neither easy nor inexpensive. Another problem with the insurance inducement to early retirement is that most communities find it difficult to firr the benefit to a certain "window" period, such as to a retired employee under the age of 65. At least some retirees may be basic plan members with no social security coverage and no entitlement to Medicare at age 65. Once started, a cite will often extend retired employees' health insurance plans to dependents and employees who ' retired after a certain date. Retired employees' group health 1"HI AN FINSON,Q HENDRICKSON & CO. CERTIFIED PUBLIC ACCOUNTANTS NEEDS ASSESSMENT COMPUTER FEASIBILITY STUDIES AUDITS/ADVISORY SERVICES RATE STUDIES BUDGETS- SPECIAL LEVIES Park National Bank building . 5M wayZata Blvd. • Sui 410 MinnSapoli:, ININ 5516 6121545421 Health insurance cost increases Annual Cost Tool Total Yr.Cost 10 Ernpl.Additional Empl.Cost 1 1,200 12, 000 10 12 2 1 14,400 2) $ 2 12 17 3 1 17,280 4) 69912 14 24,192 4 2 20 6) 12444 16 339184 5 2 24 8) 19,912 18 44,802 insurance plans are typically expensive to operate. Not only is the incidence of use likely to be higher than that for city employees, but health care cost infla- tion is continuing at approximately 20 percent rates. Thus for a plan for 10 employees which costs $100 per month per employee and which increases by a net of two retired employees each year, the annual cost would escalate. as in the chart. Even more disturbing is that because of contractual commitments without concurrent appropriations for the gov- erning body's entire cost, these uncon- trollables will saddle future councils with major expenditure items without the city receiving services. Similar unfunded promises in the pension area resulted in cities incurring huge deficits prior to state and federal laws requiring employers to currently fund any promised pension benefits in the year of the benefit promise. If the city considers post - retirement insur- ante benefits as severance pay, under M.S. 465.721, the city must approve a plan for full funding. However, sever- ance pay statutes may not apply because M.S. 471.61, Subd. 2a, authorizing retirees' insurance, does not refer to the severance pay statute and seems to be complete in itself. The Financial Accounting Standards Board has issued a memorandum on the subject of post - employment bene- fits, including employer -paid group health coverage. The memorandum takes the position that the employer should account projected costs of pre- dictable earned benefits as a current cost item as the employee earns the benefit. The memorandum indicates the trend of thinking in accounting circles. It may also indicate that any city which builds up large unfunded post - retirement health benefit liabilities could impair its credit rating and raise its cost of borrowing. See also p. 14 of Minnesota Cites, April 1982. MUNICIPAL ORDINANCE CODIFIERS, INC. Exclusively for Minnesota Governmental Units Ordinance Codification Charter Revision Code Update Service Counsel Admitted to Minnesota Bar 7400 Lyndale Avenue South, Minneapolis, MN 55423 Phone (612) 869 -2403 la Minnesota Cities To* 1A MEMORANDUM T0: ACTING MANAGER KEN HA I DER FROM: CITY CLERK REGARDING: REDISTRICTING PRECINCTS DATE: DECEMBER 3, 1986 Action by Gouncii : Endorse Modified --- RoJootod Dato Preci 6 and 11, Concordia Arms and Carver Schoolarg Preci di 9 se in the number of regis 1, have experienced agstered .voters . This has causedsforhourstovote, g th voters to have to w a i t in line a .Y e City redistrictinggnewpreciatCityHag d re Precincts5, 6 and 7 and creating 11 (Precinct 14 anrecinc ) d red i st 'Fire Department p is the problem can be solve ct- ng precinct 11 into .two p t No. 2 will become Precin ed, East County Linect13. If the boundaries arerevisedanti not changed by the end of the11992. e year, they can not be RESOLUTION NO.. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPL EWOOD RESOLUTIONR AUTHORIZIRRECI NG THE CHANGE IN BOUPRECINCTSCURRENTLYIDENT NDARIES OF THOSE ELECTIONIDENTIFIEDASPRECINCTS5CTION 6, 7 and T1WHEREAS,... the City o • s empowered btochangeuncili • nge the boundaries of y Minnesota Statuteselectionprecinct 2046.14sfromtimetotime; WHEREAS, noti and wood Cit Ce of the change sha ll btyClerkforatleast e posted in the Officechange; and s xty (601 days r for of the Mapptotheeffectivedate.of AS, the Maplewoodiewo City Clerk shalvoterof E P od Ci nechangeinelon of i fy each affected registereddayspriortothefirstrecinctboundariesatgisteredrstelectionheldofleastthirty (30)ter the change takes effect andWHEREAStheMaplewoodCitylerkshalllpreboundarofelectionyare • the Se tion precincts and fi p maps showing the newcretaryofStatelesuchmapsW1thtandwiththeStateheCountyAuditorPlanningDirector• a 'andWHEREAS. Ilea any changes in election precinct boundaries sclearlyrecognizablehpreci •p features specifically shall follow visiblep f Ica 11y streets. ' NOW, THEREFORE, BE Ithatthose • T RESOLVED, by the C •electiion precincts i ounc 1 of the C i t of MaplewoodboundariesChanidentifiedfiedas5, 6 y ,changed and create two new ' and 11 shall have theiinterestsofthecommunity. so as t mmunity, o reflect the best