Loading...
HomeMy WebLinkAbout1988 01-11 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7 :00 P.M., MondaygJanuary ll, 1988 Municipal Administration Building Meeting 88 - 1 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES I. Meeting No. 87 - 22 (October 15, 1987) 2. Meeting - December 21, 1987 (D) APPROVAL OF AGENDA (E -A) APPOINTMENT OF ACTING MAYOR (E) CONSENT AGENDA 1. Accounts Payable 2. 1987 Budget change - Tax Increment Fund 3. 1988 Budget change - Domestic Intervention Grant 4. Computer Maintenance Agreement 5. Park Acquisition Charge For Neighborhood Parks 6. Listing Contract for Former City Hall Building 7. Purchase of Filing Cabinets 8. Purchase of Police Vehicles 9. Conditional Use Permit Renewal: 2580 Clarence (Lozier) 10. Conditional Use Permit Renewal: 2251 Larpenteur (Ribs Plus) 11. Budget Increase: Consulting Inspectors. 12i Donation of AVM Voting Machines to �S�iin_c IIbsum 13. Easement Agreement - District 8 Water Tower Project 86 -15 14. Acceptance of Developer Project, Project 86 -13 15. Acceptance of Developer Project, Project 86 -09 16. City Project 86 -15D Change Order Number One (F) _ PUBLIC HEARINGS (G) AWARD OF BIDS (H) UNFINISHED BUSINESS 1. Cottages of Maplewood a. Setback Variance to South Lot Line b. Units /Building Variance C. Tax Increment Financing 2. Code Amendment: Material Extraction (2nd Reading 4 Votes) 3. Code Amendment: BC(M) District - Gas Pumps (2nd Reading - 4 Votes) 4. De Garden Center a. Conditional Use Permit Renewal b. Initiation of Plan Amendment and Rezonin (I) NEW BUSINESS 1. Conditional Use Permit Renewal: 2405 Carver (Grand) 2. Initiation of Plan Amendment and Rezonin 2218 Hi 61 (Hoffman Corner Oil Co.) 3. Bud Transfer: Real Estate Journal'Ad 4. Code Amendment: Multiple Dwellin Ground Si (lst Readin 5. Chan Order Three, Hillcrest Sanitar Sewer Pro 86-22_ 6.. LELS Patrol Officers' Contract 7. En Dept.: Authorization To Fill Position 8. Deput Re Office: Permanent Part -Time Position 9. Annual Desi and Appointments a. Cit Attorne b. Prosecutin Attorne C. NEST - B Laws d. Commissions and Boards 1. Plannin Commission 2. Communit Desi Review Board 3. Parks and Recreation Commission 4. Civil Service Commission 5. Solid Waste Committee 6. NEST 7. Cable Commission e. Suburban Rate Authorit f. Official Newspaper g . Rules of Procedures 10. Re - James Rebeck (J) VISITOR PRESENTATIONS (K) COUNCIL PRESENTATIONS 1. 2. 3, 4. 5. 6. 7. 8. 9. 10. (L} ADMINISTRATIVE PRESENTATIONS (M) ADJOURNMENT A. CALL TO ORDER MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, October 15, 1987 Council Chambers, Miunicipal Building Meeting No. 87 - 22 A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Arrived at 7:06 P.M. Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87 -22 (August 10, 1987) Councilmember Anderson moved to approve the Minutes of Meeting No. 87 -22 (August 10, 1987) as submitted. Seconded by Councilmember Wasiluk. Ayes - all. J. APPROVAL OF A GENDA Mayor Greavu moved to approve the Agenda as amended: 1. Larpenteur and Century 2. Breakfast Meeting 3. Wooded Lots 4. Remove Item I -1 5. Add Item I -9, Rolling Hills 2nd Addition 6. Add Item I -10, Rolling Hills amendment to Conditional Use Permit Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Wasiluk as 1. Accounts Payable Approved the accounts, Part I - Fees, Services, Expenses Check Register dated August 25., 1987 through October 6, 1987 - $1,000,383.85: Part II, Payroll dated October 2, 1987, gross amount of $136,116.24 as recommended. 2. Revision of Budget for Computer System Approved the budget transfer of $14,234 from the budget for computer system lease payments to the budget for acquisition costs to cover installation/ training and word processing. 10/15 3. Solid Waste Committee — Recycling Center Update Accepted a 6 month report for the Maplewood Recycling Center. 4. Civil Service commission Reappointment Reappointed Mr. Donald Weida to the Maplewood Civil Service Commission for the term to expire December 31, 1989. 5. Time Extension: Beaver Lakes Estates Mobile Home Park Approved the renewal of the conditional gse permit for Beaver Lake Estates Mobile Home Park for five years, subject to the September 27, 1982 condi— tions of approval. 6. Time Extension: Rolling Hills Mobile Home Park Approved the renewal of the conditional use permit for Rolling Hills Mobile Home Park first addition for five years. 7. Para Transit Approved the request to allow the Northeast Suburban Transit Authority to spend $1,200 of existing funds for a program administrator. 8. Certificate of Correction: Jefferson Fourth Addition. Approved the following certificate of correction: Pursuant to the provisions of Chapter 505.174, Laws of Minnesota, 1957, I, Howard W. Rogers, the undersigned, a registered surveyor in and for the State of Minnesota, declare as follows: That I prepared the plat of Jefferson Fourth Addition, which was dated November 28, 1986, filed on April 2, 1987, in the office of the County Recorder, Ramsey County, Minnesota, as document number 2371863. I hereby certify that said plat contains errors in the following particulars to wit: 1. The south line of Lot 11, Block 3, shows a distance of 80.07 feet. 2. The east line of Lot 11, Block 3, shows a distance of 174.34 feet. 3. The northwest line of Lot 10, Block 3, with the distance of 62.04 feet, shows no bearing for this line. The said plat is hereby corrected in the following particulars to wit: 1. The south line of Lot 11, Block 3, should show a distance of 80.00 feet. — 2 — 10/15 2. The east line of Lot 11, Block 3, should show a distance of 174.52 feet. 3. The northwest line of Lot 10, Block 3, at the dimension of 62.04 feet should show a bearing of N 73 08' 24" E. Dated: September 21, 1987 9. Certificate of Correction: South Oaks 2nd Addition Councilmember Bastian arrived at 7:06 P.M. Approved the following certificate of correction: Pursuant to the provisions of Chapter 505.174, Laws of Minnesota, 1957, 1, Howard W. Rogers, the undersigned, a registered surveyor in and for the State of Minnesota, declare as follows: That I prepared the plat of South Oaks 2nd Addition, which was dated December 12, 1986, filed on April 10, 1987, in the office of the County Recorder, Ramsey County, Minnesota, as document number 2373645. I hereby certify that said plat contains errors in the following parti— culars to wit: 1. The east line of the plat shows a distance of 847.68 feet. 2. The most westerly east line of the plat shows a distance of 100.02 feet. 3. The east line of Lot 4, Block 1, shows a distance of 220.00 feet. 4. The north line of Lot 4, Block 1, shows a distance of 158.04 feet. 5. The westerly line of Lot 4, Block 1, shows a distance of 210.72 feet. 6. The north line of Lot 3, Block 1, shows a distance of 193.93 feet. 7. The note which describes the south line of the North 465 feet of the Northwest 1/4 of the Southwest 1/4 of Section 12. 8. The description in the dedication which describes the North 465 feet lying East of the West 293 feet of said 15.00 acres thereof. The said plat is hereby corrected in the following particulars to wit: 1. The east line of the plat should show a distance of 847.56 feet. 2. The most westerly east line of the plat should show a distance of 100.14 feet. 3. The east line of Lot 4, Blr:ck 1, should show a distance of 219.88 feet. — 3 — 10/15 4. The north line of Lot 4, Block 1, should show a distance of 158.11 feet. 5. The westerly line of Lot 4, Block 1, should show a distance of 210.57 feet. 6. The north line of Lot 3, Block 1, should show a distance of 147.00 feet from the northwest corner going easterly, thence on a bearing of South a distance of 0.12 feet; thence easterly to the northeast corner a distance of 46.86 feet. 7. The note which describes the South line of the North 465 feet should say the South line of the North 465.12 feet. 8. The description in the dedication which describes the North 465 feet should say the North 465.12 feet. Dated October 1, 1987. E -A PRESENTATION 1. Cliff Aichinger, President, North Suburban Chamber of Commerce. a. Mr. Aichinger presented the Chamber's concerns regarding the economic development of the area. PUBLIC HEARINGS 1. 7:00 P.M., Home Occupation - 1161 Lealand Road a. Mayor Greavu convened the meeting for a public hearing regarding the request of Jane and Dick Fosse for a conditional use permit to operate a beauty salon in their home at 1161 Lealand Road. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner George Rossbach presented the Planning Commission recom- mendation. e. Jane and Dick Fosse, the applicants, spoke on behalf of their proposal. f. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their concerns: Mr. Carlsten, 1170 Lealand Road g. Mayor Greavu closed the public hearing. - 4 - 10/15 h. Councilmember Juker moved to table this item until such time as Council is presented a map showing where the home occupation permits are located Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson and Juker Nays - Mayor Greavu, Councilmembers Bastian and Wasiluk Motion failed. i. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 10 - 195 WHEREAS, Jane Christensen Fosse initiated a conditional use permit to operate a home beauty salon at the following- described property: Subject to Leland Road, the South 137 feet of the West 132 feet of the East 264 feet of Block 4, Clifton Addition, Ramsey County. This property is also known as 1161 Leland Road, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on September 31, 1987. The Planning Commission recom- mended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on October 15, 1987. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. the Council also con- sidered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental 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 disturbing 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. - 5 - 10/15 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area proper- ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Customers shall park in the driveway or directly in front of the applicant's house. 2. Compliance with the requirements in Section 36 -66 (4) (b) per- taining to the operation of a home occupation. 3. A smoke detector and fire extinguisher shall be provided in the shop area. 4. Signage shall be limited to a wall- mounted, two - square -foot maximum size sign. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker G. AWARD OF BIDS 1. Project 86 -15D - Mailand Road Booster Station Revisions a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 10 - 196 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Richmar Construction, Inc., in the amount of $134,140 is the lowest re- sponsible bid for the construction of Project 86 -15D, Mailand Road Booster Station Revisions, and the proper City officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Anderson. Ayes - all. - 6 - 10/15 UNFINISHED BUSINESS 1. Accountant a. Authorization to Hire b. Purchasing Duties 1. Manager McGuire presented the staff report. 2. Councilmember Anderson moved to delay decision on this item until a later date. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker Nay - Councilmember Wasiluk 3. Councilmember Juker moved to waive the Rules of Procedures and discuss authorization to fill current part -time accountant position. Seconded by Councilmember Anderson. Ayes - all. 4. Councilmember Bastian moved authorization to fill part -time accountant position. Seconded by Councilmember Anderson. Ayes - all. 2. Noise Ordinance (Second Reading) a. City Attorney Kelly explained the proposed noise ordinance. b. Mayor Greavu introduced the following resolution and moved its adoption: ORDINANCE NO. 611 AN ORDINANCE FOR NOISE CONTROL THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 19 -48 is added as follows: "A. Section 19 -48. Noises Prohibited. General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. If the event or activity is sponsored by the City or authorized and has a permit for such activity issued by the City, this prohibition does not apply. This general prohibition is not limited by the specific restriction of the following subdivision. Any violations of this general prohibition between the hours of 10:00 P.M. and 7:00 A.M., is a per se violation of this ordinance. Section 2. Section 19 -49. Domestic power equipment. The normal opera - tion of domestic power equipment shall not be subject to the noise level limitations in Sections 19 -48 and 19 -50. Domestic power equipment as used herein means power lawn mowers, hedge clippers, edgers; chain saws; garden tillers; mulchers; and power saws, drills, hammers, and sanders. - 7 - 10/15 Section 3. Section 19 -50. Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas - powered machine or other power equipment except with a permit issued by the City Clerk after complying with requirements and fees set by the City Council, for purposes of noise control. Section 4. Section 19 -51. Application; fee duration. a) Any person desiring a permit to engage or permit construction activities involving the use of any kind of electric, diesel, or gas - powered machine or other power equipment in the City shall make application for the same to the Clerk upon a form prescribed by the City Council. The applica- tion shall set forth: 1. The name and address of the applicant; 2. A list of the equipment which the applicant proposes to use in such construction activities; 3. The place or places in which the construction activity willoccur; 4. The manner in which said construction equipment is to be used and the type of construction activity which will occur; 5. The times and dates in which the equipment will be used for con- struction activity. b) Said application described in Subsection (a) in this section shall be submitted to the City Clerk, or a duly authorized representative, finds that the applicant is responsible, has proper equipment for such construction activity and that no nuisance is likely to be created by the granting of said permit, the Clerk shall endorse the approval upon the application. The City Clerk shall set the times and dates for use of such equipment. If the applicant contests the times and dates set by the Clerk, then such applicant may appeal the Clerk's decision to the Citv Council who shall set the times and dates for use of such c) Before any permit may be issued, the applicant shall pay to the Clerk a permit fee imposed, set, established and fixed by the City Council, by resolu- tion, from time to time, which fee shall accompany the application. d) No permit issued under this article shall be for a period longer than thirty days. Section 5. Section 19 -52. Enforcement duties. The Maplewood Police Department shall enforce the provisions of this ordinance. The Maplewood Police Department or its members may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this ordinance. A. Civil remedies. This ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy. B. Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration, or project that may be con- sidered a potential noise source to submit a noise impact statement on a form prescribed by the Council. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. - 8 - 10/15 C. Criminal penalties. Every person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $700 or imprisonment for a term of not to exceed 90 days, or both, plus, in either case, the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Section 6. This ordinance shall take effect upon its passage and publi— cation." Passed by the Maplewood City Council this 15th day of October, 1987. Mayor ATTEST: City Clerk Seconded by Councilmember Juker. Ayes — all. 3. Rejection of Bids — Project 86 -15C — District 8 Water Tower a. Manager McGuire stated two bids were received for the proposed water tower to serve District 8. One bidder proposed a large deduct if certain items in the specifications were changed. Since this is an irregularity, the project should be rebid. The specifications would be changed prior to rebidding to allow the modifica— tions suggested by the contractor. It is recommended that the bids be rejected and that staff be authorized to change the specification and rebid the project. b. Mayer. Greavu moved to reject the bids for Project 86 -15C and authorize staff to change the specifications and rebid the oroiect. Seconded by Councilmember Bastian. Ayes — all. I. NEW BUSINESS 1. Winter Carnival Promotional Home a. Applicant withdrew the item. 2. Open Space committee Recommendation a. Commissioner Don Christianson presented the report for the Open Space Committee. b. Councilmember Anderson moved to approve the concept of acquiring the property in the southwest q of Section 24, Township 28, Range 22 in Ramsev Countv and authorize $1250 for annraical of rha nrnnarrn anA thrco - 9 - 10/15 Seconded by Councilmember Juker. Ayes - all. 3. Water Main Request - Metropolitan Imported Autos, Inc. a. Manager McGuire presented the staff report. b. Councilmember Juker introduced the following resolution and moved its adoption: 87 -10 -197 WHEREAS, a petition has been received for watermain on the east side of T.H. 61 north of Kohlman Avenue and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That the proposed improvement be referred to the City engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the im- provement as recommended. 2. That said report shall not be prepared until the project peti- tioners establish an escrow with the City equal to 150% of the estimated report preparation cost. The escrow amount shall be estimated by the City Engineer and shall be- refunded only upon ordering of a project. Seconded by Councilmember Wasiluk. Ayes - all. 4. Ordinance - Material Extration and Hauling - St. Paul Water Department a. City Attorney Pat Kelly presented the report. b. The following area residents presented their concerns regarding the actions of the St. Paul Water Department: Carolyn Peterson, 1999 Jackson Clarence Osen, 50 E. Roselawn George Rossbach, 1406 E. County Road C Herbert Engman, 94 E. Roselawn c. Manager McGuire reported on the meeting with'the St. Paul Water Board. d. No action taken. 5. Code Amendment - Lot Line Verification (1st Reading) a. Manager McGuire presented the staff report. - 10 - 10/15 b. Councilmember Anderson moved first reading of an ordinance requiring verification of lot lines for construction. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian 6. Legislation - Representation on Water Board. a. Council directed Manager McGuire to investigate and report back. 7. Code Amendment: Metal Pole Buildings (1st Reading) a. Manager McGuire presented the staff report. 'b. George Rossbach, 1406 E. County Road C, presented a definition of pole buildings. c. Roxanne Hirsch, 1225 Frost Avenue, asked questions regarding the proposed ordinance. d. Councilmember Anderson moved first reading of an ordinance allowing metal or st Seconded by Councilmember Bastian. Ayes - all. 8. Code Amendment: Driveway Turn - Arounds (1st Reading) a. Manager McGuire presented the staff report. scr b. Mayor Greavu moved first reading of an ordinance requiring driveway turn- arounds for all new homes on arterial streets. Seconded by Councilmember Juker. Ayes - all. 9. Rolling Hills Mobile Home Park 2nd Addition a. Mr. Richard Pearson, owner of Rolling Hills Mobile Home Park 2nd Addition, requested Council to amend his conditions for construction of the park. b. Councilmember Bastian moved the following: 1. Amend Condition Six of the Community Design Review Board approval as follows: 6. The storm shelter shall be completed by mid February, 1988. It shall be accessible to the handicapped. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Bastian moved the following: Amend Condition Ten of the conditional use permit as follows: - 11 - 10/15 10. Sales of mobile homes shall be limited to those owned by-park residents and those sold by the park owner or his designee for placement in the park. Sales shall be limited to 110 homes. Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATION 1. Bob Chappell a. Mr. Chappell stated he would be starting to clean up and renovate 1897 Birmingham tomorrow. K. COUNCIL PRESENTATIONS 1. Larpenteur and Century a. Councilmember Anderson stated this intersection is a problem and requested staff to investigate and report back. b. Councilmember Juker moved to suspend the Rules of Procedure. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Anderson moved to authorize staff to and the State of Minnesota for the placement of semaph Century. Seconded by Councilmember Juker. Ayes - all. 2. Breakfast Meeting a. Councilmember Anderson requested a breakfast meeting be scheduled to meet with the Manager. b. Councilmember Anderson moved Friday, October 30, 1987 at 7:00 A.M. Seconded by Councilmember bastian. Ayes - all. 3. Wooded Lots a. Councilmember Anderson expressed his concerns of the development of wooded lots. Developers are leveling the lots. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9 "16 P.M. City Clerk - 12 - 10/15 9 a Action by Council.,,] a MINUTES a dzo =9 MAPLEWOOD CITY COUNCIL Modif lied. 7:00 P.M., Monday, December 21, 1987 Rej ecte Council Chambers, Municipal Building Dees SPECIAL MEETING- MAPLEWOOD LEGISLATIVE DELEGATION Mayor John Greavu called the meeting to order at 7 :10 P.M. Present were Councilmembers Anderson, Bastian, Greavu, Juker and Wasiluk. The purpose of the meeting was to discuss the City's legislative concerns with Maplewood's representatives. Representative Le,n Price was present. Senator Bill Diessner arrived at 7 :12 P.M., and Senator Hughes at 9:03 P.M. Topics discussed were: A) 1987 Tax Laws - re: Volunteer Fire Fighters Pensions Wayne Lindahl and Don Hoeve stated that the recent changes in State Tax Laws will have a negative impact on Firemen's Pensions . Their concern is that because of r these changes, it will be more difficult to attract fire fighters. Request Change the tax laws so fire fighters' pensions are not impacted. B) St. Paul Water Board - The concern on this item is two -fold: 1) The water treatment plant is located in Maplewood and over the years has expanded and increased its impact on the neighborhood, which is mostly single family residential. 2) Maplewood purchases most of its drinking water from the St. Paul Water Utility and currently is paying retail plus 20%. Request Amend the State Statute that governs the Water Utility so as to g i v e representation to the City where the water treatment pl ant is located and have City representation based on volume. C) Special Legislation for Park Availability Charge (P.A.C.) Reque The City supports the passage of H.F. 12369 D) Special Legislation for Open Space Funding for Maplewood The City of Maplewood is interested in Open Space land in the southern leg of the city. Req Special legislation to fund all or part of the cost of acquisition and development of a 47 -acre s i t e located adjacent to Fish Creek in the southern part of the City. The estimated acquisition costs are $450,000 and development costs are $150,000 for a total estimated cost of $600,000. E) Fiscal Disparities Fiscal Disparities has a major impact on the City of Maplewood. Without it, the City's mill rate would be 9% less. Request The City supports legislation that will help to lessen the negative impact the law has on Maplewood taxpayers. F) Local Government Aids The City will receive $1,510,000 for L.G.A. which is approximately 19% of the General Fund Budget. This represents a decrease of $2,000 over 1987. If L.G.A. is to remain as one way of holding down property taxes in Minnesota, then it should, as a minimum, increase by a rate equivalent to inflation. Another problem with L.G.A. is the disparity in the amounts received when comparing one city to another. For example, Maplewood receives $53.00 per capita, whereas our neighbor St. Paul receives $143.00 per capita. The L.G.A. formula should be revised to lessen this disparity and place greater weight on population since people create the demand for City Services. Revue t The City of Maplewood requests legislation that more equitably distributes Local Government Aid. G) Levy Limits The levy l i m i t law should be repealed because it is an infringement on local accountability. If the law is not repealed, it should be modified so that yearly adjustments are based on the Implicit Price Deflator, or 3 %, whichever is greater. H) Mandates Over the years there have been numerous Legislative Mandates on local government. Two of the most recent ones were: Chapter 509 - .Stormwater Management, and Comparable Worth. The first will cost the City in excess of $120,000 just to prepare the plan, the latter will cost the City over $75,000 to implement. Requ est That funding sources be granted to cities when future mandates are adopted. I) Metropolitan Council Concern over the authority of the Metropolitan Council was discussed. No specific action was requested. J) Truth in Housi g Request Consideration be given to adopting a State law dealing with used homes, commonly referred to as "Truth in Housing ". K) Statewide Uniform Building Code There was a discussion as to why the tate Uniform Building Code does not apply statewide. No specific action was requested. L) Dates for Changing Precinct Boundaries Precinct boundaries can be adjusted only once every seven years. This may not be often enough for cities that are increasing in population. After a general discussion on various other.topics, this meeting was adjourned at 9:12 P.M. A # 14 t i o n b C c -un c I I ol to a E-1 n d o rt s e d o d f e ral,, R e e c t e D a't TO: Ma & Cit Council FROM: Cit Mana RE: Actin Ma DATE: Januar 4, 1988 Out Councilmember Charlotte Was iluk was Actin Ma in 1987. If the C,ouncil follows past practices of rotatin this position amon its' members, t hen it is Councilmember Norm Anderson's turn. s Action by Cotnesilsl � -- ;1987 EXPENSE E ndorsed Modif i ® cA...,.,,,,,.,,.. ACCOUNTS PAYABLE DATED JAN 11 '""rage: l Rejecte Late 1987 CITY OF MAPLEWOOD CHECK REGISTER .CHECK NO. DATE - _ -_ -__ AMOUNT_ -__ .._ __ _ _ ___ _ -- -..__ .-- ___ - -.- VEN34R -: ___.__-- __ -_ -- ------ ._._.__ ITEM DEECR IPT ION 01102E 01/05/88 31.33 MEEHAN JAMES TRAVEL TRAINING 011046 01/05/88 116.5$- GOODYEAR REPAIR MAINT 011046 01/05/88 65.64 GOODYEAR SUPPLIES _ - - - - - 182.22 i 011170 01/05/88 28.86 AMERICANA INN TRAVEL TRAINING 28.86 411216 _ 41 /45/88 - - - - -- - 23.3b _ COTTER CHGE CARDS - - -- SUPPLIEc - - - - - -- _ 23.36* 011244 01/05/88 27.59 TWIN CTY REPTILES SUPPLIES 27.5 *. ____- . - __.___________..___.._ __. -._.- __. -- -- - - - -. _ - -__ _- __ _ _ -- - _ - -..._... .... .... .______ - 411362 01/05/$8 483,00 ST CLOUD STATE UNIV TRAVEL TRAINING 483.00 411402 01/05/89 _. _ _ 4,320-00 STANDARD ELECTRIC---. REPAIR MAINT _ 4,320.00 t11 14a3- 01/05/89- _ _ 9S.50. ._ _ P . C. SOLUTI OHS- -- -- - - - CONTRACT PYM- _ 95.50 011513 01/05/88 15.86 CONNERS U KIM MILEAGE 011608 01/05/88 10.00 FISHER LYNE PROGRAMS 10.00 011613 - - 01 / 05/89- __ _ _ _ - _ _ 9.44. SEWER EQU I P KENT CO -- - _. _ FRE I GMT---- - -- . - - 9.44 011639 01/05/88 99.20 ACCOUNTEMPS INC CONTRACT PYM Page: 2 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO -: DATE­- ITEM DESCRIPT-ION. 99.20 011643 - 01105188 - - - - -- - - -- - - -15-t.56-- - EDEM SYSTEMS INC-_ ------- CONTRACT PYM._. -_ 011643 01/05/88 775..16 EDEN SYSTEMS INC. CONTRACT PYM 011643 01/05/88 926.13 EDEN SYSTEMS INC. CONTRACT PYM _ 1 , 852.85 011750 01/05/88 51.26 MOESCHTER RICHARD UNIFORMS 51.26 011751 01/05/88 9.44 FIRE INSTRUCTORS BOOK 9.44 0117S2 01/05/88 31.00 FULHAM JUDY PROG FEES 31.00 011753 01/05/88 12.01 HUTCH I NSON AKIN E MILEAGE 12.01 011754 01/05/88 193.57 MCNULTY TIM REPAIR MAINT 193.57 011755 01/05/88 80.50 MIDWAY SIGN CO REFUND SIGN PER! 011755 01/05/88 80.50- MIDWAY SIGN CO REFUND SIGN PER! 011755 01 /05/8$ __ 80.50 - MIDWAY SIGN CO. - _ _ __ REFUND SIGN PER! 80.50 011756 01105/88 _ 807.00 PINK COMPANIES _ ____. FURNITURE 807.00 011757 01/05/88 - 10.00 SCHILLER DIANE _ REFUND 10.00 011758 01!05188 332.39 PONY EXPRESS _ SUPPLIES 332.39 011759 01 /05!85 - -- 775.00. _ JOHN. PODERGOIS.. __ _ _ _ REPAIR_ - 775.00 ' 011760- 01 /05/88 -- _ _ .__. 233.910- ST PAUL JOBBIN.a CO- __ . __ -- REPAIR_- - -- 233.90 011761 01/05/88 172.95_ _ __ A -1_. TAXLDERM-Y _. _.. _ -__ -_ _ _ - - - -___ SUPPLIES.- 011761 01/05/88 190.00 A -1 TAXIDERMY SUPPLIES 362,95 0.11 A69.. 01 ! 05/88 - -- - - - - - - 27.95_ - ARNALS AUT!Q. SERA - - - -- -- - RE.PA.IR_ MA INT-. - - - -.. 27.95 Page: 3 1957 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO.— DATE - - -- - - - - - - -- - -- _ AMOUNT -- -- - - - _.. -- VEAED4 -_ __�. - -- - - -- __ ITEM— DESCR -I-P -T I-ON 011 B13 13-- __ 01 f 05 /88 - - -__ . - -- _ __ 2, 063 - 15 BART JAMES- - __- - -_ -_- - - _____._. _CONTRAC-T 011B13 01/05/88 1 BART JAMES C CONTRACT PYM 3, 063.15 O i i B 1 S- _ _ __ �} i f 05/8& __ _. ___ -- .. _ -_ ._. _ i S9 -. 06- -_. -___ BATTERY- TIRE Wm#E - - - -- - - -- ___ SUP-PL IES- ----._ _ -- _ -- 011B1S 01/05/88 130.98 BATTERY TIRE. WHSE SUPPLIES 290.04 O f 1 B45 0-i /OS/88 _ _. - -- _ 357.0 BOAR -D OF_. WATER- C0KK-- - - - --- - __.. C014TRACT PY1� - - - -- - 011845 01/05/88 110.00 BOARD OF WATER COMM CONTRACT PYM 011B45 Qi /0S/88 259.50 BOARD OF WATER COMM CONTRACT PYM 0.11 "S _ 01 / QS/89- - __ - SS3. - - BOARD- OF WATER COMA - _- - -- - CONTRACT- PY14 - -- 011B45 O1/OS/88 377.30 BOARD OF WATER COMM CONTRACT PYM O1 O1 /05 /88 2., BOARD OF WATER C CONTRACT PYM 01 1 B45 _ _ 01 /OS/8&--- - - -- - - - _ _. I , 298. OQ BOARD OF WATER CONTRACT- PYM---- - 01184S 01/05/55 220.00 BOARD OF WATER COMM CONTRACT PYM 011B45 01/05/55 7,705.50 BOARD OF WATER COMM CONTRACT PYM 011845----- -- - - -1 /QS /85- -- - - - - -- - - - 4, 290-. 38 - - __ _ BOARD- OF - 17,540.05 011894 01/05/88 17.96- BUILDERS Q SUPPLIES 011894-- 14.43 BUILDERS- Q- ------- - - - - -- -- - -- -- SUPPLIES._ - -- -.__ 011B94 01/05/88 18.42 BUILDERS Q SUPPLIES 011B94 01 /OS /88 105.95 BUILDERS Q SUPPLIES Q11C33 01!05/85 173.62 CAPITOL SUPPLY SUPPLIES 173.62 * * * * ** 0 -1 -i G5 6 - - - -- -- 0 t ! 0 5 / 8 5 - - - -- -- - - -- -- - -- - - - 9 3- .- 04- . - CO LL INS.- ELECT R I -C - - - - - -- - RE.P AIR✓ -- MAID _ - - - -- 93.04 011 C57- _ 01 / 05/55 - - - -- .__ _ _ _ 1 , 036.21 COLLINS KENNETH--- _ -_- -TRAVEL TRAINING 011CS7 01/05/55 5.94 COLLINS KENNETH TRAVEL TRAINING O11CS7 01/05/88 5.94- COLLINS KENNETH TRAVEL TRAINING -- - - -- - - -- - - -- -- - -- - - - 1- : 03 6.2.1-- *. - - - - -- _ _ .- _ _. - _ -- - - - - -- - - -- - -- _ - - - - -- - - - - - -- - - 011CS8 01/OS/58 125.00 COPY EQUIPMENT INC SUPPLIES __ _ - - - -._ 125.04 *_ - -- _ _ - - -- --------- _. - - - - -- -- - -- - - - - -_ .__- __ - - - - -- - - - - - -_ - _. Oi1CS9 Oi /OS /88 150.00 CORPORATE RISK MGM CONSULTING FEES ISO. * - -- - ... - -- - -- - - -- - - - -- -- _ _ -- -- - - -- - -- -- Page: 4 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO, DATE - - -- ---- - - - - -- - _.__AMOUNT'_._- _ _ _._.___ __ - -__ -- __. _ ..--- - - -__. _ VENDOR-_____ _-- - -_ - -- .._ -ITEM DESCRIPTIO.N. DEM­CO.- . -- ..__.. _. - - - - - - - - - - -- SUPPLIES 81.6s 0f1D30 01/05/88 71.97 DALCO SUPPLIES 011D39 01/05/88 18.59 DEGE CARDEN CTR SUPPLIES 18.59 01 1 EO7. 04/05/88 -- - - - -- - 145.22 _ - EASTMAN- KODAK CO.. - - --- - - - - ._ . DUPLICATING_. O11E07 01/05/88 39.65 EASTMAN KODAK. CO DUPLICATING 011E07 01/05/88 132.02 EASTMAN KODAK CO DUPLICATING 011 EO7 01/05/88--- ___ _ - _ - 303.66 EASTMAN. KODAK CO-- - - _ DUPLICATING O11E07 01/05/88 184.83 EASTMAN KODAK CO DUPLICATING O11E07 01/05/88 26.40 EASTMAN KODAK CO DUPLICATING 01 1 E07 ___ 01 /05/88- ___ _ -_ ____ _ _ . __ _ -- _ 171.83 EASTMAN KODAK CO_ _ _ _ . _ DUPLICATING 011E07 01/05/88 316.86 EASTMAN KODAK CO DUPLICATING 1.320.27 011 E64 01/05!88 ____.__- - -- _ 642.00 EMPLOYEE BENEFIT_ CONTRACT_ PYM.-_ 642.00 011E87 01/05/88 275.00 ESS BROTHERS 6 SONS REPAIR MAINT 275.00 011G32 01/05/88 9.62 GESSELE JAMES MILEAGE 9.62 01 1 G58 0 t /05/88- 20-.39 GREU JANET _.._ _ _____ _ _ -- - -_ _ SUPPLIES__ _ _ 011GS8 01/05/88 1.89 GREW JANET SUPPLIES 011GS8 Oi /05/88 3.51 GREW JANET SUPPLIES 25.79 011H21 01/05/88 14.00 HERBERT MICHAEL J SUPPLIES 011H21 01/05/88 14.74 HERBERT MICHAEL J TRAVEL TRAINING -- - - - 28_.74_-* Page; 1957 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO . DATE - -_- _ . _ _ -- -- - AMOUl�1�'- - -- - - - -- - - -- - - -- - -- VENDOR-­­­---_-- _--- - - - - -- - -I TEN DESCR I PT 1014 0 t 1 J53 _ 0 f / 05 /88 - - - - - -- _ - -- 5 . 46-.. - -- _ . - JOHN SON 5.46 011L30 01/05/58 135.70 LEAGUE OF MN CITIES CONTRACT PYM 011L70 01/05/88 1 LOGIS CONTRACT P 1,500.55 011M31.- 01 / O5/88 -- -- - -- -- - - -- 2t?3.47 - -._ _ -- -- MANPOWER_ TEMP -- - - - - - -- __- _ -__. __ _. -._ PT WADES-.__ . - -- PT WAGES 011M31 01/05/88 203.48 MANPOWER TEMP 406.95 011 M54 - 01/05/89 - - - -- - - -- -- 55.83 MINNESOTA- -- BLUEPRINT - - - -. - - -- PT WAGES.- - - -. - 55.83 011M95 01/05/88 28.00 MRPA BOOKS 28.0 01IN27 01/05/88 14.25 NCR CORP CONTRACT PYM CONTRACT PYM 011N27 01/05/88 14.25 14.25__ NCR CORP NCR CORP_ ____._ - - - - -- - - -. _. -- - - - -- CONTRACT. PYM1- 01 1 N27 _ 011N27 -_- 01 /OS/8�8 - - -- __.- -- 01/05/88 - -- -- - - - -._ _ __ _. 14.25 NCR CORP CONTRACT PYM 011N27 01/05/88 14.25 NCR CORP CONTRACT PYM CONTRACT PYM- 41 1 N27 _. _ 01 / 05 /SS-- - 01/05/88 _ ___ .. - - _ 14.25 14.25 NCR-CORP.---- _ -- -- - - -- - - -- NCR CORP CONTRACT PYM 011N27 011N27 01/05/88 14.25 NCR CORP CONTRACT PYM - - -- 1-1-4-. 0 _ * _ -- -- - - - -- - - -- - - - - -- - - - -- - - - -- - - -- 011N30 01/05/88 #,141.91 NORTH ST PAUL CITY UTILITIES 1,141.91 01 1029-- 01 / OS /w - - -- - -- - - -- - - -- -- _ 1 1 .22 - OCTOPUS-- CAR -- WASK -- - - -- -- _ MAINT- VEH- - -- - -- - 011029 01/05/88 11.22 OCTOPUS CAR WASH MAINT VEH 011029 01/05/88 100.98 44.88- OCTOPUS CAR WASH MAINT VEH 011029 -. - 011029 01 / 05 /S$ - - -- - 01/05/88 ---- - - - - -- - 11.22 OCTOPUS CAR WASH MAINT VEH 179.5E Page: 6 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO. DATE ____ __ _.. __ _ _. AMOUNT _ _ -- _ .. _ - -- ._ -- .--- ...____.___ - -. VENDOR- _ __.-- _--- ._____ __._ _ _.... - - -.__ -. - _ ITEM. -- DESCR IPT ION.. O1iPES 01/05/88 S,OOa.40 PEAT MARWICK MAINT VEH S , 0 0 0. 0 0 011P45 01/05/88 66.00 PITNEY BOWES CONTRACT PYM 66.00 01 i R05 01/05/88-- _ 43.04 _ _ RAMSEY- - CLIN­l -C- -- - - -- -- -- PHYSICAL-- - - 43.00 - - - -- - - -- - - 011R09 01/05/8$ 10.00 RAMSEY COUNTY CONTRACT PYM . 01 1 R 0 9 - 01 / 05/8& _. _ _.. _. _. - _ _ 1, 000. 0.0 RAMSEY COUNTY_- _ ___- _ _ .- . -- - - -_ . _ ..... CONTRACT PYM-.___. _ 011R09 01/05/88 13,965.41 RAMSEY COUNTY CONTRACT PYM 14, 975.41 011 R23 01/05/88-- 38.67 - RAMSEY COUNTY DEPT. _ BOOKS, 011R23 01 /05!88 32.67 RAMSEY COUNTY DEPT BOOKS 011R23 01/05/88 32.67 RAMSEY COUNTY DEPT BOOKS 01 1 R23 01 /05/89 39.67 RAMSEY COUNTY DEPT. - . BOOKS. 011R23 41/05/88 32.75 RAMSEY COUNTY DEPT BOOKS 011R23 01/05/88 32.67 RAMSEY COUNTY DEPT BOOKS 196-10 011R24 01/05/88 80.00 REMINGTON ELEC SUPPLIES _ 80.00 * * * * ** 011R26 01/05/88 141.92 REEF INDUSTRIES SUPPLIES 01IR26 01/05/88 101.79 REEF INDUSTRIES SUPPLIES _ 243-7t * - - - _ _ -_ - . - - - _ ._ _ _ ...... * * * * ** 011R49 01/05/88 259.00 ROAD RESCUE SUPPLIES 2S9.00 011 S02_ 01/05/8&. __ 38 � 00 S 6 D LOCK SAFE -- - -__ __ ___. _ SUPPLIES_ 38.00 01 i Sol 01 /05/8. &. - -- -- - so.- I E- - __ SPS_ OFFLCEE.. PROD--------_.--- - -- SUP PLLES_. - - - - - -- _ 011S03 01/05/88 48.1S SPS OFFICE PROD SUPPLIES 011S03 41/05/88 33.72 SRS OFFICE PROD SUPPLIES - .... Page m 7 1987 CITY OF MAPLEWOOD CHECK REGISTER - CHECK NO : DATE - - - -- - - - - -- - -- -- AMOUNT-- - - - - -- -- -- - -.._. __ -- VENDOR—. __ --- - - - - -_ ITEM DESCR I PT IOR 011S03 01/05/88 14.64 SPS OFFICE PROD SUPPLIES O i i S O3 - 0 tl OS/88 - - - - 102.93 SPS OFF-I CE -. PROD- -._ _ - - - -- SUPPL I ES 011503 41/05/88 117.59 SPS OFFICE PROD SUPPLIES 011S03 01/05/88 79.96 SPS OFFICE PROD SUPPLIES 011 v03 - -- { 1 / OS /88- - -- _ - 63 . SO SPS- OFF I CE-- PAM­ -­-­­------­..__ SUPPLIES- - - -- -- - - 011503 01/05/88 132.74 SPS OFFICE PROD SUPPLIES 011S03 01/05/88 73.95 SPS OFFICE PROD SUPPLIES 011903--- _ . -- O f /OS / &8 -- .__.. -- -- - _. _ 178.06 SPS OFFICE PROS - -- - - - - - - -_ -- SUPPLIES- 011S03 01/05/88 40.58 SPS OFFICE PROD SUPPLIES 011S03 01/05/88 178.00 SPS OFFICE.PROD SUPPLIES at t S03 -- - 01 /45/88 -- - _ _.._. _ 17 i , 71 - _ -. _ SPS. OFF CE PRaD- .--- - - -- 011.503 01/05/88 23.55 SPS OFFICE PROD SUPPLIES 011803 .01/05/88 40.58 SPS OFFICE PROD SUPPLIES .011S03 ____ .- _ 0i05/88 __ _. _ -73.95 - SPS OFFICE PROD _ __. -_ SUPPLIES--- 011S03 4i /45 /88 34.68 SPS OFFICE PROD SUPPLIES 011503 01/05/88 178.00 SPS OFFICE PROD SUPPLIES 01 1 803 ._ ___ 01/0- 5/88 __ _ _..___ -_ -_ _ _ ___ 19.78 SPS- OFFICE PROD- ____. -_..- .--- .._____ -_ SUPPLIES__ 011503 01/05/88 54.40 SPS OFFICE PROD SUPPLIES 1,710.54 _ 0ii50.5-- 01/05/99--- _ - -- - _ 137.76- S T OFFICE__ _.. -- - - -- REPAIR MAINT _. Oi1S05 Oi /05/88 157.44 S 6 T OFFICE REPAIR MAINT 19.68 4 i 183o _ 01/05/89 -- _ 126-99- SEARS #8412 .. - -. - - SUPPLIES_._ - 01 1 S30 01 /05/88 1 0.59 SEARS 88412 SUPPLIES 137.57 _ 01 1 S39-_- _ - 01 /05/88- - - -- _ _ _ - 1 SHORT ELLIOT HENDR- _ _.- CONTRACT PYM -- - 011S39 01/05/88 807.54 SHORT ELLIOT HENDR CONTRACT PYM 011839 01/05/88 444.60 SHORT ELLIOT HENDR CONTRACT PYM 2, 656.81- 011858 01 /OS /88 388.28 ST PAUL CITY OF REPAIR MAINT 011558 01/05/88 131.50 ST PAUL CITY OF REPAIR MAINT 41 i 858- O i / 05/88..-- -_____ _- - -_ 1,778.82­ ST PAUL CITY OF _. REPAIR MAINT---- - 01iS58 01/05/88 239.15 ST PAUL CITY OF REPAIR MAINT 011858 01/05/88 416.50 ST PAUL CITY OF REPAIR MAINT 0 t 1558 41 /05/8 - - -- - - -- - -- - 146.00. - -- ST PAUL- CITY_ OF._ -- - .. - - -- CONTRACT PYM.- - 3,100.25 011566 01/05/88 29.76 ST PAUL DISPATCH PAPER - - _ .. _ - -- - - -- - -- -- - - -- 29--.76-- -- - - - - -- _ -- - -- - - -- - -- -- -- - - -- - - - - -- - - - . 01#V49 01/05/88 80.80 VIKING SAFETY PROD SUPPLIES 80.80 0#1V50 01/05/88 39.55 VIRTUE PRINTING SUPPLIES .39.55 Page: 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK Na.- DATE--- AMOUNT--.------ ITE?t_ DESCRIPTION. - ........... - -- 2,533.80. _ _ SEXTON-. PRINTING -- -- - -- -._... PRINTINGw - - -- - _ -- 2 -- -_ - - -- -------- _ 01iT3 0 01/05/88 99.95 TARGET REPAIR MAINT 01 1 T30. __ _ 01 /05/$8- - - -- 39.99 TARGET _ -- - _ . _ . -- -- - REPAIR MAINT - 139.97 ---- - - - - -- 01 1 TSO 01 /05/88 18.80 T J AUTO PARTS REPAIR MAINT 01 1 T50_ 01 /0588- 116.41 T J AUTO. PARTS-. _. __ -._ REPAIR- MAINT- - 01IT50 01/05/88 29.96 T J AUTO PARTS REPAIR MAINT 165.17 011 T80 01 /O5/8S __ _ 9 TRUCK UTILITIES. MFG -- - EQUIPMENT -- 9,077.00 011T94 01/05 /88 154.00 TWIN CITY TESTING CONTRACT PYM _ 1S4.00 011T98 01/05/88 37.08 TWIN CITY MAP CO SUPPLIES 37,08 011UE0 -- 01/05/88 28.70 UNIFORMS UNLIMITED. UNIFORMS _ 011U50 01/05/88 160.00 UNIFORMS UNLIMITED UNIFORMS 01#U50 01/05/88 227.35 UNIFORMS UNLIMITED UNIFORMS 011U50 01/05/88 37.75- UNIFORMS- UNLIMITED-- UNIFORMS. 011U50 01/05/88 282.20 UNIFORMS UNLIMITED UNIFORMS OiiU50 01/05!88 76.35 UNIFORMS UNLIMITED UNIFORMS _. 812- .- 35- 0#1U77 01/05/88 29.65 UNITED BUSINESS SUPPLIES 011077 01/05/$8 29.65 UNITED BUSINESS SUPPLIES - ------ - - - - - -- 59.30. 01#V49 01/05/88 80.80 VIKING SAFETY PROD SUPPLIES 80.80 0#1V50 01/05/88 39.55 VIRTUE PRINTING SUPPLIES .39.55 Page: 9 1987 CITY OF MAPLEWOOD CHECK REGISTER - CHECK N4 . E3ATE - -- - _ - - - - - -- AMOUNT _ __ _ - - - VENDOR -_...- - - - -- - - - - - -- -- - -- ITEM DESCRIPTION 011W50 01/05188 55.22 WEBER- TROSETH INC SUPPLIES 55.22 011W70 01/05/88 5.40.00 WINFIELD MITCHELL CONTRACT PYM 540.00 0 #130 -- - = 41145188 - - -- - -- _ 5 6.73.. ZEP M�FC C4- -..__. - -- -- - - -- SUPPLIES-----__ -. 56.73 33,223.95 FUND 01 TOTAL GENERAL - 387.02 FUND 02 TOTAL MISC NON- DEVELOF 18.42 FUND- 0-3 TOTAL:_____._. -__ _ HYDRANT- CHARGE. _. 1,796.79 FUND 13 TOTAL C.I.P. 32.67 FUND 32 TOTAL 86 -32 BOSSARD At _ _. - - -- - - -- -- - -- -- - - 110.00 _ FUND­- 3.3- . TOTAL - - -- 81 - -20 M CKN GklTlk 32.67 FUND 35 TOTAL 82 -18 BENNINGT0 14,965.41 FUND 36 TOTAL 83 -1 FROST AV AL FUND 45 TOTAL-.----------- ._ . - 94-12 BEAMS W . OF - 377.30 FUND 48 TOTAL 85 -2 BVR CRK API 32.67 FUND 49 TOTAL 85 -6 GOFF$ TH.IRt - - _ - - 32.67 FUND 62- -- TOTAL- - -- . -- - _ _ _ _ 88 -1.. CONDOR- STOG 4,697.61 FUND 63 TOTAL 86 -3 CENTURY AVE 1,672.00 FUND 76 TOTAL 86 -22 HILLCREST 32.67 FUND 82 TOTAL__ 86 - L 7 FUND 87 TOTAL 86 -19 CARVER HTE 567.04 FUND 90 TOTAL SANITARY SEWER V 4#290.36--_ FUND--9Z TOTAL-___ 87 -8 GONYEAS- OAM 642.00 FUND 94 TOTAL DENTAL SELF -INS 9,588.94 FUND 96 TOTAL VEHICLE 6 EQUIP 81,348.94 TOTAL I988 EXPENSE ~ — �. � [ .� � ' 64 00 1 54 is 4 1 41 00 of 1085 %.o40J 00 MN Ett 630600 NCR 4.75 4 id til ow �. � [ .� � ' —1— Actioii b Council CITY OF MAPLEWOOD Endol CHECKS ISSUED FOR PAY PERIOD ENDING 12-18-87 , � Id, da' f i d. PAYROLL CHECK # 1334 # 1492 Re ect- e D at emwxwm"&=w-* EMPLOYEE NAME GROSS PAY GREAVU, JOHN C. $ 400*00 WASILUK, CHARLOTTE P. 325e00 BASTIAN, GARY W. 325e00 JUKER, FRANCES L. 325*00 ANDERSON, NORMAN G 325*00 McGUIRE, MICHAEL A. 29330e59 BEHM, LOIS N. 852*25 JAHN, DAVID J. 689972 CUDE, LARRY J. 242e40 ZUERCHER, JOHN Le 157*60 OSTER, ANDREA J. 665*05 FAUST, DANIEL F. 1,846.28 TAYLOR, LINDA 897923 MATHEYS, ALANA K. 868e25 VIGNALO, DELORES A. 852*25 ANDERSON, CAROLE J. 1,146.46 AURELIUS, LUCILLE E. 1 SCHADT, JEANNE L. 745*85 HOSCHKA, GERMAINE 428*80 KELSEY, CONNIE L. 440*91 VIETOR, LORRAINE S. 733933 HENSLEY, PATRICIA A. 415e83 CARLE, JEANETTE E. 643*62 GREEN, PHYLLIS C. 929905 .COLLINS, KENNETH V. 1 RICHIE, CAROLE L. 706*65 SVENDSEN, JOANNE M. 908*30 NELSON, ROBERT D. 19675*88 DOLAN, RITA 276*12 OMATH, JOY Es 720e25 MARTINSON, CAROL F. 686*65 ZAPPA, JOSEPH A. 29532*86 STILL, VERNON T. 19308*68 SKALMAN, DONALD W. 1 NELSON, CAROL M. 19529*65 MORELLI, RAYMOND J. 19332*68 STEFFEN, SCOTT L. 19323o08 ARNOLD, DAVID L. 1,455.26 BANICK, JOHN J. 1,426.67 BOHL, JOHN C. 1,331.16 —1— CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12 -18 -87 CHECK # 1334 - # 1492 EMPLOYEE NAME CAHANES, ANTHONY G. CLAUSON, DALE K. MOES CHTER, RICHARD M. PELTIER, WILLIAM F. SZCZEPANSK_I, THOMAS J. WELCHLIN, CABOT V. LANG, RICHARD J. PALMA, STEVEN T. HERBERT, MICHAEL J. DREGER, RICHARD C. MEEHAN, JAMES E., JR. STAFNE, GREGORY L. BECKER, RONALD D. HALWEG, KEVIN R. STOCKTON, DERRELL T. PAULOS, PAUL G., JR. BOWMAN, RICK A. KARIS, FLINT D. HEINZ, STEPHEN J. GRAF, DAVID M. THOMALLA, DAVID J. YOUNGREN, JAMES G. RAZSKAZOFF, DALE E. VORWERK, ROBERT E. BERGERON, JOSEPH A. MELANDER, JON A. EMBERTSON, JAMES M. WILLIAMS, DUANE J. RABINE, JANET L. STAHNKE, JULIE A. BOYER, SCOTT K. SARAFOLEAN, JULIA A. RYAN, MICHAEL P. NELSON, KAREN A. THOLEN, SHAWN M. FLAUGHER, JAYME L. BARTA, MARIE L. HAIDER, KENNETH G. CHLEBECK, JUDY M. MEYER, GERALD W. GROSS PAY $1,675.88 1,357.48 1,407.52 1,455.26 1,222.14 1,196.97 1,441.43 1,532.20 1,397.17 2,532.86 1,308.68 1,386.67 1,371.88 1,455.26 1,308.68 731.33 1,331.16 1,480.01 1,459.55 1,405.48 1,467.73 1,394.19 1, 564.09 1,405.48 1,418.62 1,381.48 1,431.88 1,256.68 860.11 852.25 745.85 665.05 1,537.22 868.25 852.25 884.25 757.32 1,795.08 884.25 1,158.30 -2- CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12 -18 -87 CHECK # 1334 — # 1492 EMPLOYEE NAME GROSS PAY KANE, MICHAEL R. LUTZ, DAVID P. KLAUSING, HENRY F. SCHMOOCK, JOHN HELEY, RONALD J. OSWAL D, ERICK D. TEVLIN, HARRY J., JR. FREBERG, RONALD L. CASS, WILLIAM C. ELIAS, JAMES G. PECK, DENNIS L. PRIEBE, WILLIAM IRISH, BRUCE A. GESSELE, JAMES T. GEISSLER, WALTER M. LOFGREN, JOHN R. ODEGARD, ROBERT D. BRENNER, LOIS J. KRUMMEL, BARBARA A. STAPLES, PAULINE SWANSON, LYLE E., JR. WILLIAMS, MATTHEW D. TRAVERS, DANIEL L. ANDERSON, ROBERT S. LINDORFF. DENNIS P. MULVIHILL, MICHAEL YUKER, WALTER A. HELEY, ROLAND Be .MARUSKA, MARK A. BURKE, MYLES R. GERMAIN., DAVID A. SHELDON, LEO Be WARD, ROY G. TAUBMAN, DOUGLAS J. ZAHN, WILLIAM GREW, JANET M. CONNERS, KIM HORSNELL, JUDITH A. HUTCHINSON, ANN E. DOHERTY, KATHLEEN M. OLSON, GEOFFREY W. $1,310.74 1,105.70 1,115.91 761.63 1,077.47 809.45 1,160.83 1,126.63 1,497.66 1,259.21 1,203.45 1,288.33 1,342.46 1,411.80 1,236.91 864.96 1,723.08 868.25 386.18 1,367.26 845.85 190.00 85.50 1,013.05 1,042.65 400.00 81.00 1,062.65 1,201.84 1,102.65 1,082.65 142.50 406.40 1,056.86 37.50 892.25 254.05 468.08 348.12 918.98 1,701.49 —3— 142,476.15 PAYROLL DEDUCTIONS AMOUNT ICMA RETIREMENT CORPORATION Z1 $ 7 CITY & COUNTY EMP CR UNION Cl 20 AFSCME 2725 416.95 MN MUTUAL LIFE INS. 19 -3988 160.00 METRO SUPERVISORY ASSOC U3 18.00 MN BENEFIT._ASSOCIATION Il 447.60 MN STATE,RETIREMENT SYSTEM Z2 13 6.00 T - 29 9 180*16 GRAND TOTAL $171,656.31 -4- CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12 -18 -87 CHECK # 1334 - # 1492 EMPLOYEE NAME GROSS PAY WEGWERTH, JUDITH A. $ 368.37 LIVINGSTON, JOYCE L. 310931 EKSTRAND, THOMAS G. 1 JOHNSON, RANDALL L. 1 OSTROM, MARJORIE 1 CARVER, NICHOLAS N. 1 WENGER, ROBERT J. 1,181.85 NADEAU, EDWARD A. 1,099905 MULWEE, GEORGE W. 1 NUTESON, LAVERNE S. 1 BREHEIM, ROGER W. 1,061.05 E DSON , DAVID B. 1 OWEN, GERALD C. 401.85 MULVANEY, DENNIS M. 1 SPREIGL, GEORGE C. 861.85 142,476.15 PAYROLL DEDUCTIONS AMOUNT ICMA RETIREMENT CORPORATION Z1 $ 7 CITY & COUNTY EMP CR UNION Cl 20 AFSCME 2725 416.95 MN MUTUAL LIFE INS. 19 -3988 160.00 METRO SUPERVISORY ASSOC U3 18.00 MN BENEFIT._ASSOCIATION Il 447.60 MN STATE,RETIREMENT SYSTEM Z2 13 6.00 T - 29 9 180*16 GRAND TOTAL $171,656.31 -4- AGENDA NO �' , AGENQA REPORT TO:. Cit Mana FROM: Finance Director RE: 1987 Bud Chan Tax Increment Fund DATE: December 28, 1987 Al UL lt-o —a i t-A Dateo. ------- O.n D 28th a bill for $4,500 was received from the Bri a-nd' Mor l,aw firm for le work on the last tax incre pro The attached letter provides details re the work that was done, These le costs can be financed b the Cit Tax increment Capital Project Fund accordin to Mar Ippel. However, before the bill can be paid, the Council must appropriate money to cover the.�expendfture. There is an ade balance in the Tax Increment Fund to cover these le Costs. It is recommended that the Council approve a 1987 appropriation of $4,500 in the Tax Increment Capital Proj Fund to cover le costs incurred, DFF: 1 nb LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE (612) 291 -1215 TELECOPIER (612) 222-4071 INCLUDING THE FORMER FIRM OF LEVITT, PALMER, BOWEN, ROTMAN & SHARE December 23, 1987 Kyr . . Daniel Faust Financial Director City Hall 1830 E. County Road B Maplewood, MN 55109 Re: City of Maplewood, Minnesota General Obligation Tax Increment Matters Dear Dan: We are enclosing our statement for services rendered to the City of Maplewood regarding tax increment financing matters from January 1, 1987 through November 1, 1987. This bill covers our advice and consultation given to City Staff, preparation of Development Program and Tax Increment Financing. Plan for Economic Development District No. 1 -2 (Mall Addition and Main Street Store), the preparation of various resolutions and certifications relating to District No. 1 -2 and attendance at Planning Commission and Council meetings. Please feel -free to call should you have any questions. Very truly yours, Mary L. Ippel MLI:jms:061 Enclosure 2200 FIRST NATIONAL BANK BUILDING 2400 I D S CENTER SAINT PAUL, MINNESOTA 55101 MINNEAPOLIS, MINNESOTA 55402 (612) 291 -1215 (912) 330 -0981 A Number Ac b Council 9.1 A Report TO: City Mana FROM: Finance Director ��,� RE: Computer Maintenance A DATE: December 30, 1987 Endorse Modif 'led. Rea ectea Date. The attached A 0 A costs in excess of $1,000 and therefore re Council approval, The A covers maintenance on the nine IBM clones that were purchased in October. The rate of $250 per machine is reasonable compared to what we have been pa on IBM personal computers in the past. It is recommended that the Council authorize the appropriate Cit Officials to execute the a DFF/ch I W 6) Specifications of all equipment covered under. a .... .t. a*rd M S t '. I.CPU.r,H D s k F 1-opp D'"sk:,Contr'oller Cards ,Monitor'',, oni or Card','Ke Ports.Power Supply, Cables, Mother Board., Client Name: Cit of Maplewood Address: 1830 E Ct Road B City: Maplewood .,Zip** 55109 P.C. Number: Customer Approval Phone: 770-4500,. Contact Nameo.Dan Faust Title It Act-1-i'on b Council: . MEMORANDUM To: Michael McGuire, City Manager Mod O f e� From: Robert D. Odegard, Director of Parks & Recreati R e e tee Subj: Park Acquisition Charge For Neighborhood Parks Dat Date: January 4, 1988 Maplewood Code Sec. 21 -56 (a) states "the City Council, at the first regular meeting of each calendar year, shall act to adopt by resolution, the average acre acquisition cost and the average acre development cost for neighborhood parks throughout the City." The Park and Recreation Commission at its December 21, 1987, meeting, discussed the Park Acquisition Charge for Neighborhood Parks and recommends that effective January 12, 1988, that the City Council establish the average acre acquisition cost at $4,200, and continue the development cost at $7,500 per acre, with the City financing 50% of the development costs. This recommendation is a continuation of our present $79.50 per person which equates to $326 for single family detached dwellings. Recommendation Approve the attached Resolution For Park Acquisition Charge For Neighborhood Parks indicating the average acquisition cost per acre at $4,200 and the development cost at $7,500 per acre for 1988. r 4 •RESOLUTION FOR PARK ACQUISITION CHARGE ry FOR•NEIGHBORHOOD PARKS f WHEREAS Maplewood Code Sec. 21 -46 recognizes the need for neighborhood-parks, establishes standards and .improvement guidelines for such and provides methods of acquisition and development, and WHEREAS Sec. 21-56 (a) states that the City Council at its first regular meeting of each calendar year shall act to adopt by resolution the average acre acquisi- tion cost and the average acre development cost for neighborhood parks throughout the City, and - WHEREAS the intention of the Ordinance is to provide for future quality of life through the acquisition and development of park -open space, and - 9 WHEREAS the costs of acquisition of property and the development of parks has continued to increase, therefore • The Park and Recreation Commission recommends that effective January 12, 1988, the Ci t Council establish the average acre acquisition cost at $4,200, and continuer the development cost at $7,500 per acre, with the City financing 50% of the develop- ment costs. �T b i R • MEMORANDUM To: Park and Recreation Commissioners From: Robert D. Ode ar.d, Director of Parks and Recreation'' 9 Subj: Park Acquisition Charge For Neighborhood Parks Date: December 15, 1987 Maplewood Code Sec. 21 -56 (a) states "the City Council, at the first regu- 1 ar meeting of each calendar year, shall act to adopt by resolution, the avera acre acquisition cost and the average acre development cost for neighborhood parks throughout the City. At the January 12, 1987, City Council meeting, the Council tabled the rec- ommendation for the Park Acquisition Charge for 1987. Asa result of this act ion, the City continues to require the payment , of $79.50 per person for Park Acquisition Charges (single family home is $326 which is based on 4.1 persons per unit x $79.50). The formula to determine the Park Acquisition Charge is based on the cost of one acre of land, plus one -half the cost of development, divided by 100 people, which equals the cost per person per acre. Our present cost of $79.50 per person per acre is based on the cost of one acre of land equal - ing $4,200, and the development of one acre of park property at $7,500. Considering the City's present circumstances in regard to PAC Charges, it is recommended that the present charge of $79.50 per person be continued. Recommendation The Park and Recreation Commission recommends that effective January 12, 1988, that the City Council establis the average acre acquisition cost at $4,200, and continue the development cost at $7,500 per acre, with the City financing 50% of the development costs. December 1987 r Calculate ate Park Acquisition es for Neighborhood Parks sition Char How To q 9 (5 -15 Acres in Size) ( Cost o f 1 Acre 1 2 Cost of Deve l o ment ). =- 100 People Cost per Person c e + ! P Per Acre m aid b Ci 1 2 Cost. of develop is p y y � / ) and developer (1 Development includes play q � h items as: la a ui ment diamonds, backstops, tennis P courts, hard surface - .area, hockey rink, parking lot, small building. Presently: Development Cast of 1 Acre 1 Acre People /Acre ( $4 9 200 + $7 ) = 100 = $79.50 /Person /Acre 2 What will be the costs to a builder? Persons/ Unit Presently 579.50 Single Family Detached Dwelling � 326.00 9 y 'Mobile Nome 2.5 1.98975 Efficiency Dwelling 1 Bedroom 101 87945 3 Bedroom 3.3 262.35 Townhouse 1 Bedroom 2 159900 3 Bedroom 4 318.00 A # 6 Council 73 IvIo d. i", 1-7�i e 0 Ile fflm�W TO: Ma & Cit Council FROM: Cit Mana RE: Listin Contract for "Old" Cit Hall DATE: Januar 4, 1988 Introduction The Listin Agreement with Edina Realt for the sale of the old Cit Hall expires January 15, 1988* It is difficult to judge how effective the have been, but the have shown the building to several potential bu Recommendation It is recommended that the Listin A for. the sale of the old Cit Hall be extended to Jul 15, 1988* e . 7 AGENDA REPORT To: City Manager Michael McGuire From: Chief of Police Kenneth V. Collins' Sub Purchase of Filing Cabinets ' PP. e eot ed__~____�. Date: January 5, 1988 Dat Introduction Our 1987 budget was approved for the purchase of lateral files for our communications center. These files have been ordered. Recommendati It is recommended that the files be purchased from Sp3 Office Products, as the price is approximately $8O cheaper than a oompetitor. Action Re It is recommended the City Council approve the purchase of these lateral files at a total cost of $553. KVC: j s � AGENDA REPORT A cti on by C ounc3. 1 :1 To: Cit Manager Michael McGuire E .r o-1- -_Dr,]-r From: Chief of Police Kenneth V. Collins TMod i !f i �.�.� . Subject: Purchase of Police Vehicles e j ected.�� J - Date: January 5, 1988 Date In troduction pP The City Council ap $51,200 for the purchase of four marked patrol vehicles and $11,000 for one Fire Marshal vehicle. Background The Maplewood lewood Police De artment entered into joint bidding with the City of St. Y Paul and Ramsey County and reviewed the state bids for the purchase of these vehicles. Chevrolet was the lowest bidder at $11,197 per vehicle, and that bid was accepted. The b id only rice is onl g ood for a short period of time, and these vehicles w p equipment with special a ui ment are only produced on one occasion during the year. The Police Department will be of these vehicles before the next bidding y ear, ear, and it is imperative that we place our order while the opp i available. Recommendation s It i recommended that the purchase of four marked patrol vehicles and one Fire.Marshal vehicle be approved, Budget Impact Monies have already been approved for the purchase of these vehicles. Action Required For submission to the City Council for their approval. KVC: j cc Captain Nelson Vehicle File Fire Marshal F i l e b-ii, C ounc 011 *1 LT, nrlo r sa, d is A Modified R e j e c t e Date MEMORANDUM TO: Cit Manager FROM: Randall Johnson--Associate Planner SUBJECT: Home Occupation--Time Extension L.00AT I ON: 2580 Clarence Street APPLICANT/OWNER: Roland Lozier DATE: December 22, 1987 SUMMARY Re The applicant is re an extension of his conditional use perm 1. it to operate a piano-tuning. business as a home occupation (Refer to his I etter of re on page 5.) Comments Staff has not received a complaint from an of the appl icant Is neighbors and is unaware of an violation(s) of the conditions of approval Recommendation .Approve a t ime extension f or up to f ive y ears f or Rol and Lozier's conditional use permit to o perate a piano-tuning bus.iness as a home occupation at 2580 Clarence Street a REFERENCE Past Actions 1-26-87: Council approved a conditional use permit for this home occupation, subject to the following conditions: lot Compliance with cit re for the operation .of a home occupation. In particular, no more than 515 s feet of the detached garage shall be used for business purposess 2a This permit ma be renewed after one y ear. ) provided there are no unresolved complaints. 3 A fire extinguisher shall be installed in the workshop area as prescribed b the fire marshalm 4a Onl pianos repaired on-site ma be solds Cit _Code Section 36-442(e) states: "Al I conditional use permits shat I be reviewed b the council within one y ear of the date of initial approval, unless such review is waived b council decision or ordinance. At the one y ear review, the council ma specif an indefinite term or specific term not to exceed five (5) y ears, for subse reviews. The council ma impose new or additional conditions upon the permit at the time of the initial or subse reviews. A conditional use permit shall remain-in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent t the cit from enacting or amending official controls to change the status of conditional uses e ll Section 17•22 states: "A license shall be secured from the city clerk, annuall in the month of Januar to continue operation of a home occupation once original approval is granted" (b conditional use perm it)a j1 Attachments in Location Map 2a Propert Line / Map 3. Letter from applicant ' ' � c � / F i ' | ! L @ k . BC Ml Ml sc sc kv r PUD R2 EMEHILL Ml LBC Co AVE Ml R z Ll Lac AVE Ml E M I WAY ZY -Ni iNTY LE.-AND ST AvE C R3 AVE Mo F R C U, F SEI MON. 1 � . Ml M I MA SEW 0 R2 R JR3 41 15 U, F 19 RAI, A ld\ - ION MAID LOC I � Attachment I i/ � -. ■I 73 7,? .. ,. R • �t •fiat. •ssas. .TR�t. ss 33 4 . „ �� .soYa�. .tae. � ., . .. •��aa. °o v 22. �i �` 3T Ill .Z.Css . - - g - At C Z �} ao, Zt0 t h 49 t I14 ti0• r t` -t •" cbo 6G) ' po . .. (33) Qg . Stit. . •sa oc. 440 ( - s up) 3? - t 94 ac. aim .. �• (�� - i ge , • 595' ' * ff 2596 1�s� N. WN � - -J e ss 591 � • -. 43 ��� • .63 °�. +t� o 814 2580:;�, 6� Ono"--- - s � 'I 2571 (38) 2576 .54 . . 540 3 m (40) 'o x as. 18.43 oc►• 1 1 1. p —Wmmdmmm i IOI t) i v . I O?AR Z 05) doo tr 40 • /. =s as. (40 .3! it. *S9 at . _ •. • • N •�Dtc. Li '/ 4 qw 4D 40 go 4100 • - ., ►i PROPERTY LINE /ZONING MAP 4 Attachment 2 . 16.4S 1 l2 1& '8 D F_.- c e rei to ew r I I s 1 54 8 7 i t 4v 171 • M �N • IM! t ! •tN� tNi'� Rf 11 Po ...NNN i.. M +. • Ai M i ... HIP I P1.11f T-1 . ii 0 1 r ri y, e 3. H c r ei e P a P r, i t i r F: 1.4 P IJ 1. . j. , !"•` ' . !WI �N. + i 1. l�,l, 4r i«`I. i ' . �/'! .'H ' . I ~ t 7 14 1 e e f+*tere .:Rre .-N4.riq cjt�,-ier I ori or r e �ri e e s e C. a. re, e .5. 4 4 0 7 1 2 c_ e r 1, s. F? 5 8 izb P 5...11 0 9 5 Attachment 3 Introduction Renewal of a conditional use permit to operate a restaurant in a neighborhood commercial (NC) district. Background On January 12, 1987, council granted approval of this conditional use use permit, subject to: 119 Containment of the cooking odors generated by the restaurant so not to be noticeable on adjacent residential property, 2. City environmental health official approval of a strategy _ for the required odor containment prior to issuance of an occupancy permit. Discussion There have not been any complaints received. Recommendat ion Renewal of the conditional use permit for five years for Ribs Plus at 2251 Larpenteur Avenue, subject to the original conditions of approval, T on by Couricil:-.] MEMORANDUM Re 0 ected. T 0: City Manager t� FROM: Thomas Ekstrand -- Associate Planner SUBJECT:. Conditional Use Permit LOCATION: 2251 East Larpenteur Avenue APPLICANTS: Mark . LaScotte, & J. Kavonius & Greg. Kavonius OWNER: Weyer Properties q PROJECT: Ribs Plus DATE: Januar 4, 1988 SUMMARY Introduction Renewal of a conditional use permit to operate a restaurant in a neighborhood commercial (NC) district. Background On January 12, 1987, council granted approval of this conditional use use permit, subject to: 119 Containment of the cooking odors generated by the restaurant so not to be noticeable on adjacent residential property, 2. City environmental health official approval of a strategy _ for the required odor containment prior to issuance of an occupancy permit. Discussion There have not been any complaints received. Recommendat ion Renewal of the conditional use permit for five years for Ribs Plus at 2251 Larpenteur Avenue, subject to the original conditions of approval, REFERENCE 16 This restaurant is located in one of the six leaseable tenant spaces in the 7 -11 mini -mall. 29 The applicant's area contains 800 square feet of floor space. 30 Sect ion 96 -129 ( 5) permits restaurants in NC districts by conditional use permit, provided "there. are no drive --up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable- to adjacent res idents. " 4. Section 36 -442 (e) provides that all conditional use permits shall be reviewed by the council within one year of the date of initial approvalv unless such review is waived by council decision or ordinance. At the one -year reviewr the council may specify an indefinite term or specific term, not to exceed five ( 5) years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed. but nothing in this section shall prevent the city from enacting or amending of f i ca 1 controls to change the status of conditional uses. Any conditional use that meets the agreed - upon conditions and is later disallowed because of the city enacting or amending official controls shall be considered a legal nonconforming use. in 97 Attachments 1, Location Map 2. Property Line /Zon,ing Map 2 r i LOCATION MAP* 3 Attachment 1 4 N I 1 01 i EsMT �� Ito IA 01 ei f�ol I 0C ! l� AIL 1.5 b 2 T•T et i el .•t (►� r .. _ j.11J Z� 1. W 0 oil v � .fib& t15 io s T ws � ,, (4, ") '� s T.+tal AN 40 l 5 8 ¢--- v 1 t 00 = '� �}-- — ---- -- to ' ' • in . II 'T •T AL • 6 1 S q kd �10 O dwo jq ,,•� , 6 3 .1 t &4 T. r,% 4 . 4 4... 1)a' p 0 O �i "1 •: ;� VG/& Tip •t O • t s °� r 2.00 f fx 7� C Sc%ooL DIST. 4t2 t .+ oa f. 90 z3s .3Z �z .ca Ll ' • r . �,s •.c.. 1709 •sue 0 do* +) 9 .7Sas . 4' a0 •3 oi•G. OtA .. 0 Q - � 0O �3 vi 1595. aw .' 1 iz i 10 s Tvt. O I ' 2243 221 g. 22251 ... .., S + IZ -IG -T7 PROPERTY LINE /ZONING MAP 4 Attachment 2 N i _ � 1 TaTc-i d 'JL f I IL e MEMORANDUM D ate TO: City Mana FROM: Director of Communit Development SUBJECT: Bud Increase--Consulti.n* Inspectors DATK: Januar 4, 1988 Introduct ion Approval to increase Account 4480-73 (Fees for Servi ice --Buildin Inspection) b $26#300 to compensate for the deficit in that account, Background This account is used to pa consultin inspectors--buildin plumbin heatin and electrical, There has been a hi valuation of construction this y ear than was anticipated in preparin the 1987 bud As a result* both fees paid to consultants for inspections and revenues have increased. B y ear end, we anticipate a bud deficit of $26.300 and a surplus revenue of $44,000. The director of finance has asked that we transfer enou surplus revenues to the expense account to, eliminate the deficit. Council approved a similar re last y ear, Recommenda t ion Increase Account 4480-73 in the 1987 bud b $26#300,r with surplus revenues from the nonbusiness license and permits account, kd MEMORANDUM A enda Number A� 9 Action by Council:, T0: CITY MANAGER Endorsed, —,., FROM: CITY CLERK Modifies.,, . DATE: JANUARY 5, 1988 ej eote aft MONO, Date REGARDING: AVM VOTING MACHINES The Science Museum of Minnesota is requesting the donation of 4 AVM Voting Machines for a display they are preparing. Since attempts to rid the city of these machines has been fruitless these 4 machi can be put to good use. It is requested Council approve the donation and authorize staff to "get rid" of the rest of the machines. There does not seem to be anyone interested in out -dated election systems, November 9, 1987 Ms. Lucille Aurelius Cit Clerk 1830 East Count Road B Maplewood, MN 55109 Dear Ms. Aurelius. The Science Museum of Minnesota is plannin an exhibit which incorporates into its desi the use of four lever machine votin booths. I would like to re- q uest the donation of four of these booths to the Museum* We would pick up the booths at y our convenience, and I am lookin forward to hearin from y ou in order to arran a da and time* Thank y ou for y our g enerosit y * S i n c e r e l y , Dick A. Leerhof f Exhibit Desi Telephone: 221-4732 FACILITIES: The Lee and Rose Warner Center, Marine-on-St. Croix, IVIN Actl on by Council FE n. d, ors a�_______� RejecteL.__�_�_�� `Dat AG ENDA NUMB. ER - 13 MEMORANDUM TOx City Manager FROM City Engineer SUBJECT o Easement Acareement--ProJec1: DATE: January 4, 1988 Attached is the easement agreement to acquire the water tower site in District B. The site is adjacent to proposed Sterling. Street north of Linwood Avenue~ It is consistent with the site previously approved by the city council, Approval is recommended. J BANNIGAN & KELLY, P.A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL, MINNESOTA 55101 (612) 224 -3781 JOHN F. BANNIGAN, JR. JANET WILEBSKI PATRICK J . KELLY LEGAL ASSISTANT November 19, 1987 Mr. Kenneth Haider Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 Re: Purchase Agreement for Water Tower Site Dear Mr. Haider: Please find herein proposed Acquisition Agreement (three executed copies). Please review said agreement which is summarized as follows: 1) 5 0 � per square foot; 2) Subject to easement running in favor of Williams Bros. Pipeline; 3) No representations to the City as to soil conditions; 4) City shall also assume responsibility for all assessments either levied or pending which are allocated to said subject property - which includes but is not limited to costs associated with the improvements of Sterling Avenue and Highwood Drive. 5) Landowners pay all real estate taxes due and payable in 1987, If you have any questions, please do not hesitate to call. Sincerely yours, BANNIGAN & KELLY, P.A. Patrick J. Kelly PJK k)res Enclo C: Michael McGuire The City is hereby informed by the Land Owners of the existence of an easement running in favor of Williams Brothers Pipeline Company and that it is the City's responsibility to determine whether or not the location of said pipeline is acceptable to it. It is further understood that the Land Owners make no representation to the City that the soil condition of the property being acquired is suitable for the use intended by the City. The Land Owners shall within 10 days after approval of this agreement furnish an Abstract of Title to the City. This City shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections are to be made in writing or deemed to be waived. If any objections are so made then the Land Owners shall be allowed 120 days in which to make title marketable. Pending correction of title the payments due hereunder shall be postponed, but upon correction of title and within 10 days after written notice thereof, the City shall perform this agreement according to its terms. If said title is not marketable within 120 days from the date of written objections thereto then the City shall have the right to proceed with condemnation proceedings to which the Land Owners will. not object. The delivery of all papers and money is due'hereunder shall be made at the office of Lemmons & Lemmons and shall take place no later than November 30, 1987. Ra mond L. Lemmons i �ry J ne M. Lemmons i Chaa D. Lemmons City of Maplewood By Its ACQUISITION AGREEMENT This agreement made this 2r41-t day of November, 1987, between Raymond L. Lemmons, Jane M. Lemmons, and Chad D. Lemmons hereinafter referred to as Land Owners, and the City of Maplewood, Minnesota, hereinafter referred to as the City. Whereas, the Land Owners are the owners of a certain parcel of land located in the Sw 1/4 of the SE 1/4 of Section 12, Township 28, Range 22 which the City of Maplewood wishes to acquire as a Water Tower Site; and has stated its intention to acquire by condemnation said parcel for public use as a Water Tower Site. Said parcel is shown on Exhibit A attached hereto and is outlined in red, said parcel is also described as lying South of the centerline of Hillwood Drive, lying West of the centerline of Sterling Avenue, and lying East of the West line of the SW 1/4 of the SE 1/40 Whereas, the Land Owners wish to cooperate with the City and avoid the cost delay of a condemnation proceeding. Now, therefore, in consideration of the City paying the Land Owners $.50 per square foot for the parcel set out on Exhibit A attached hereto the Land Owners agree to transfer fee ownership of said parcel to the City. The City shall also assume responsibility for all assessments either levied or pending which are allocated to said parcel, this shall include but not be limited to the costs associated with the improvements of Sterling Avenue and Highwood Drive, The Land Owners shall pay the real estate taxes due and payable in the year 1987. The City shall determine the exact legal description of the parcel shown on Exhibit A attached hereto and shall also determine the area of said parcel with the Land Owners reserving , the right to confirm the accuracy of said legal description. • • CRcST1tY : CG KN ;L:.S jiqsi ING • • ;1• , _ I 1 • 1 ., � .. PARK elm M.Mlogoo �4. 16. ? T .0 - M?-T3 .....L; i.. 1 1r O ff Or" .. 117�M't 93.400 1 1 ZISL61 � � --- - -- _ •�� - � Soo► � Y' ,.� , . , � ; • w ar-me uj ' ' • • ' l ''•' •'•' • C , ' • '' •• ,• I _ T 6-00 - 4 �l n u•s1r• 40 IOU • z �+ I l ow Alla 64 1X ui AWO 9 1 T _`.__ • . .� ` ....•�.� lit in • 51.724 • AW l • ` � ~ —► I � .� ,. .......1 . • � � i • ' .' 171 • • i • , _ 19 -.•• 22 23 t"tboop flat 34 9000 "�"��.• and 0 I'm soft It OF 0 31 J-00 32 So do '�'�+� --rte• . � ' 1 ' - �1�ww � 111�'f I • � ii ' 1"'�� .. ' � •• ' •� -' ,O� • i I •� 111 • .`•,� \ 1 ` � ••. � �• ...• i 1, o 4w N • ' ► •� - -T .w • • 1 - RHO � • w�• •. � .... � •� �r _.�1R .. � •.� � �.. - Win ' - - - - ••••n I fig• "� ��. �i 7 9 7 PRELIMINARY PLAT Exhibit " Attachment 4 . . .. ....... End rs 0 �vl o d ii f 11 e d Rej ecte Date Wn AGENDA NUMBER- MEMORANDUM TO: Cit Mana FROM: Assistant Cit En SUBJECT: Acceptance of Developer Projectf Project 86-13 DATE: Januar 4. 1988 Project 86-13P Cave's Sterlin Street Addition, has been certified as complete in accordance with approved plans and spec if icat ions and has sat isf lied the en department' s re It is recommended that the council pass the attached resolution which certifies as complete and accepts the public streets and utilities constructed under this project for maintenance and ownership, 3c RESOLUTION ACCEPTING UTILITIES FROM DEVELOPER WHEREAS, the Cit Council of Maplewood, Minnesota has heretofore entered into a contract for public improvements for Cit 86-13 described as Cave's Sterlin Street Addition and WHEREAS' said project has been certified as completed, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOODv MINNESOTA that the project is completed and the utilities are hereb accepted as part of the distribution systems,, Action by Counoll's EndorseA AGENDA NUMBER MEMORANDUM TO: Cit Mana FROM: Assistant Cit En SUBJECT: Acceptance of Developer Project, Project 86-09 DATE: Januar 4, 1988 Project 86-09# Huntin Hills First Addition, has been certified as complete in accordance with approved plans and specifications and has satisfied the en department's re It is recommended that the council pass the attached resolution which certifies as complete and accepts the public streets and utilities constructed under this project for maintenance and ownership, is RESOLUTION ACCEPTING UTILITIES FROM DEVELOPER WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into a contract for public improvements for Cit Project 86-09 described as Huntin Hills First Addition and WHEREAS, said project has been certified as completed. NOWT THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOODo MINNESOTA that the project is completed and the utilities are hereb accepted as part of the distribution systems, Action by C.ounoil:j Endorsed Modif ied-- 'Re Date AGENDA NUMBER - C-/( AGENDA REPORT TOO Cit Mana FROM: Assistant Cit En SUBJECT: Cit Project 86-15D# Chan Order Number One DATE: Januar 4' 1988 -1 INTRODUCTION The purpose of Chan Order Number One is to extend the specified completion time for the Mail and Road Booster Station Revisions, Cit Project 86-15D. The completion date is to be extended b one month. This chan order does not involve a chan in the cost of the contract, BACKGROUND The award of the Service District Ei Elevated Tank was dela b rebiddin necessar to obtain cost savin of a spheriod tank. This dela will result in a dela of about one month in the plann ed completion date of the elevated tank. The Mai land Road booster station revisions are closel related to the elevated tank construction. In order to coordinate the completion dates of these interrelated projects. Chan Order Number On for Cit Project 86 is necessar RECOMMENDATION It is recommended that the 86-15D contract be modified b the approval of Chan Order Number One. ic RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 86-15D and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Pro *ect 86--15 Change Order One. NOW,w . THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereb authorized and directed to modify the existing contract by executing said Change' Order One. Ij �1 e` 45 f L I Z��y�� 7 s ec t/.� f ��,.e �c� A wry )�e� - Abt I-+oni'b�r,� dam. MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNERS PROJECT: DATE: C ity Manag g Director of Commun y Development Date Planned Unit Deve pment, Approval fo Reduced Parking and T Variances Woodlynn Avenue, East of Ariel Street - Arkell Development Corporation - M a t hi lda Howl A. Thomas, Joseph Jansen, Mary Hennemann, Cecilia and Michael Jansen and Lesli Hause Cottages of Maplewood December 1, 1987 SUMMARY I The applicant is requesting the following: 4� f A conditional use permit for a planned unit development (PUD) for a senior citizen housing development. Approval for fewer parking spaces and garages, than code requires. res P g P g g q - 94 33 a. Two spaces per dwelling unit are required or 12 spaces. Only spaces are proposed, However, an add i t i onal f..3- - spaces are provided in front of the garages, primarily to accommodate guest parking. b. Code requ' re half of the 120 required parking spaces to be garages. Only.,,' of the 60 required garages are proposed. Spaces for eight additional garages are shown on the site plan erf (P - age 13). 3. A variance from the curbing requirement: Code requires "continuous concrete curbing surrounding the exterior perimeter of the lot (parking) and drives . off (Section 36 -22 [d] ) No curbing is proposed. 4. Two setback variances. Section 36 -27 (a) states that "A landscaped area of not less than twenty (20) feet in width shall be provided where: . . . (2) A multiple dwelling abuts property zoned f single or double dwellings." � a. The abutting land to the south is zoned R -2, double dwelling. The setback to the driveway would be seven feet. A variance of 13 feet is required, b. The abutting land to the west. is zoned F, farm residence. A� r The setback to the driveway would be 6 -1 2 fee A / t. variance of 13 -1/2 feet is required, fve vlC Dis cussion The PUD is consistent with the city's comprehensive plan and should be a good neighbor to the adjacent homes. Seniors are quiet neighbors and .the building is only one story a residential style. Lot Division: The proposed site plan includes 20 feet of property to the west of the property that the applicant controls. Approval of* the lot division will require a revision of the site plan for the Salvation Army Church development. Required parking for the church is located within the subject 20 feet which must be relocated This site plan assumes a lot split.will also be approved for a small, land - locked parcel along the west property l i n e , ( Ref er to the map on page 12 . ) There is room on the Salvation Army site to revise their plan. .. Storm Sewer and Curbing: Code requires findings that a variance (s) is not required solely for financial reasons and that if approved, the project would not present a substantial threat to the general safety and welfare of adjoining property owners. These findings cannot be made if storm sewer and curbing are not constructed. The applicant is requesting these waivers on the basis of financial considerations. They are attempting to keep the rent in a particular range. Secondly, if this site is allowed to drain overland as proposed, localized flooding could result. The catch basins in the area streets are not designed to accommodate overland drainage from a site with as much impervious surface area as proposed. A street flooding problem already exists on Lydia Avenue to the southeast of this site. This existing problem could be intensified if this site is not storm sewered. Finally, each of the other subsidized housing developments (Concordia Arms - seniors, Hazel Ridge - seniors, Maple Knoll - family and Lundgren Apartments- fami ly) approved in the past ten years has provided storm sewer and curb. In all but one case (Hazel Ridge) , each of these projects is intended to serve a similar if not a lower- income population than that of the applicant's proposal. Recommendation vt�I0 Approve the resolution on page 28 to approve the Cottages of �{� PIv Maplewood planned unit development for one year, subject to the t following conditions: A. This development shall not be converted to nonseniors housing without revision of the planned unit development. For purposes of this permit, seniors housing is defined as a residence occupied by persons that are years of age or older. Be Trailers and vehicles that are.not required for day -to -day ..transportation needs shall not be parked on -site, unless the city determines that there . are excess parking spaces available. C. If council determines that there is insufficient on -site parking after one Year of 95% occupancy, additional parking may be required, 2 41 4 f D . Adherence to the site plan , 1987 and the floor plans date - stamped September 29, 1987, . with the changes required by the community design review board. Future changes may be approved by the community design review board. II. Authorize ,,..WT- parking spaces, including „ O garages , rather than the code requirement of 120 spaces, including 60 , gara es on the basis that garages, A. The parkin -s ace requirements con ' j g P q contained ned in the zoning code do not realistically apply to the proposed development, because these requirements are designed for family consider the fewer numb housing and do not g number of cars per unit needed for senior housing. Be The city has approved a reduced number of parking spaces and garages for all previous senior developments. C . The reduced number of parking spaces has proven adequate for a similar project in Stillwater. III. Deny the concrete curbing variance, on the basis that: A. Omitting the curbing would not produce a development of equal or superior quality to that which would result from strict adherence to the ordinance. Curbing adds to the aesthetics and drainage of a site. Curbing also provides a definitive boundary .for the parking spaces and the driveways that will prevent roll- ups onto the yard area, as well as significantly reduce the potential for yard damage from snowplowing. Be The variance is not required for reasonable and practicable physical development of the site. Rather, this variance is proposed solely on the basis of financial considerations. C. Each of the other subsidized seniors residences has provided concrete curbing. IV. Approve a )S3-foot s ' pp setback variance from the south lot line and a a ��f 13 -1/2 -foot setback from the west lot line, provided screening is g included along the south lot line that meets the screening -- requirements of Section 36 -27 (c) . Approval is on the basis that: 1. Senior housing creates less traffic noise than a conventional multiple - dwelling project. 2. The building is only one - story. 3. The setback along the -west property line is not needed since: a. The adjacent use is proposed to be a parking lot for a church. b. A 20 -foot setback and screening is required between the church parking lot and lot line. 4. Requiring screening along the south property line would compensate for the reduced setback. 3 5. The most common setback used by other cities is five feet. (See the survey on page 32.) 6. Certain regulations contained in this chapter do not realistically apply to the- proposed development of the unique nature of the proposed development. To The variance would be consistent with the purposes of this chapter. 8. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. 9. The variance would not constitute a threat of a substantive nature to the property values, safety, health or general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, morals or general welfare of the people. 10. The variance is required for reasonable and practicable physical development and is not required solely on the basis of financial considerations. �t4 a VaI'h ,;"ole., A vHl e/ 7 Is P 1n ��� d�Ul bA�e� on ge, fl ve e L � 4 CITIZEN COMMENTS Twenty -five property owners within 350 feet of this site were asked their opinion of. this proposal. Of the six responses received, three were in favor and three were opposed, One of the persons in favor stated that they are concerned about the drainage from the site if concrete curb and adequate storm sewer are not constructed. S to f f comment : Staff is recommending denial of the curb-i ng variance and installation of storm sewer. The three persons opposed raised the following concerns: 16 I reject it because of the variance from required underground drainage (st,orm sewer) for all 60 units, because flooding on Woodlynn and Lydia Avenues will result. Staff comment. Staff is recommending that storm sewer be required, 2o I object because my land-locked 56 X 264 foot parcel ( page 11 ) adjacent to the west property line is not included. "We are open to letting either of our neighbors (the applicant or Gerald Mogren, the developer of the 15 -lot Lynnwood Terrace plat to the south) purchase this land at a reasonable price. If Arkell Development were to buy our property, perhaps they would have sufficient square footage and would not need the requested variance." Staff comment: This parcel was acquired after it went tax - delinquent. It would be desirable to have this parcel combined with an adjacent parcel. It would, however, be unfair to require the developer to acquire it. 3* See the letter on page 23. The respondent questions the need for the project and opposes: a* less parking spaces, b,9 less garages, c, less minimum site area for each unit, dw waiver of concrete curbing and storm sewer, and e. the construction of more than eight units in each structure. Staff comments: Need for this development: 10 According to the market opinion that was prepared by Gary Stout of Public- Private Ventures in 1985 for the Harmony School Seniors Residence, Maplewood could absorb 156 new senior rental housing units 5 for occupancy in 1986 and up to 43.5 units each ear thereafter eaf ter through 1990, without causing a vacancy problem for existing eniors residences. 9 2. Only 75 of the 199 units pro to be needed ded through 1987 have been constructed. Assuming this 60 project would be occupied 1988, a need would still exist for 107 units in � 199 + 43 minus 75 5 + 60) , 30 The waiting lists for the existing enior resid ences are. a. Archer Heights - 9 people b. Concordia Arms - 400+ c. Franklyn Park - 300+ TOTAL 70 9+ people Refer to the beginning of this report for comments on the e variances -. REFERENCE Site Description Gross area: 5.1 acres Existing land use: undeveloped Surrounding Land Uses North: Woodlynn Avenue. Across the street undeveloped property planned for RM, residential medium density use. East: Four single- dwelling homes South: Nine single- dwelling lots (final lat approval September 28,. 1987) P pp val was granted. on West Two undeveloped parcels. The north arcel is P part of the proposed Salvation Army Church site. The south parcel is a 56 X foot- land - locked parcel. The land- 262. locked parcel is planned for RM, residential medium density use. Past Action The city has approved reduced parkin and garage ' g g ge requirements for each previously approved senior development: 1- 03 -80: Concordia Arms 4- 11 -83: Hazel Ridge 5- 19 -86: Casey Lake (abandoned) Conditions: 10 "If council determines that there is inadequate on- ' during its review one year . of � q site parking aces y�� ter 95 b occupancy, additional parking s P may be required. 2. Areas shall be designated on the approved site parking spaces. PP plan for future Planning 1. Land use plan designation: RM, residential ' medium density 2. Permitted density: 22 people /net acre 3. Proposed density: 20.0 people /net acre 5.1 net t acres) 4. Zoning: F, farm residence 5. Compliance with land use laws: a. Section 36- 438(b) states: "It is the intention of this section and the other sections of this division relating to planned unit development to provide a P 7 means to allow flexibility by substantial variances from the provisions of.this chapter, including ses setbacks ' g . , height and other regulations. Variances may be granted for planned unit developments provided that: " (1) Certain regulations contained in this chapter do not realistically apply to the proposed development because of the unique nature of the proposed development. "(2) They would be consistent with the ur oses of this chapter. P P "(3) The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. "(4) The variances would not constitute a threat of a substantive nature to the property values, safet Y, health or general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, the people morals or general welfare of Y . "(5) The variances are required for reasonable. and practicable physical development and are not required solely y on the basis of financial considerations. b. Section 36- 442(b) requires ten findings to approve a conditional use permit. These conditions are listed in the resolution on page 28 . 6. Housing policy: In 1982, this site was one of seven sites within Maplewood evaluated by the seven sites. This Solomonson Associates for its suitability for seniors housing This site was determined to be the best among study was undertaken as part of a city - sponsored effort to P romote the development of owner - occupied seniors housing. The owner of this site wanted to develop rental units, hence, the site was dropped from consideration. A finding of the 1982 study was that area seniors would P refer a variety of housing styles and types to be made available in addition to the conventional apartment building (i.e. owner-occupied and rental townhouses, home sharing and senior group homes). Given these stud results, the Housing and Redevelopment ty ment Authori has adopted an Y objective to promote a wider variety of senior housing opportunities within the community. This proposal is consistent with that . olic P Y 7. Parking spaces and garages: Section 36 -22 (a) (2 ) of city code requires at least two arkin s P 9 aces P for each multiple dwelling unit. One of these spaces must be enclosed. Section 36-22(a) allows the city council to authorize a different requirement. The city has approved a reduced number of parkin spaces for. a g p 11 of the previous senior projects. Most other senior projects in the metro area have fewer ' parking spaces than two.. spaces for each unit, According to the attached survey on page 20 the median e parking spaces to the numb , ' percentage of P _ g p number of seniors units In suburban cities was 47% in 1979. A 1985 city - survey of three local projects further confirms this finding: Archer Heights has added 7 -8 parking spaces since the above survey was done .because of complaints from the residents of inadequate or inconvenient parking. This proposal is different from the seniors residences that have been constructed in Maplewood. It will be marketed to ersons 5� ears of P y age and up, many possibly still working. The existing residences require their residents to be 62+ years of age. For these reasons, the large parking variances granted for Archer Heights, Concordia Arms and Harmony School (project dropped) may not be directly comparable to this proposal. The approval of a 50% parking space variance for Hazel Ridge also may arable. Hazel g y not be directly com p Ridge is marketed to persons 62 years of age and older. The rent also includes wellness rams which will probabl ro result in a l '� g Y less automobile- oriented population -4 than this development. So far, of the 39 units rented only eight have an automobile. ' Y g t A similar development to which to compare the validity-of the parking P g variance requests is the developer's Cottages of Stillwater development. That was the first of the "cottages" senior concept in the metro area. The 62 -unit fir p • first phase has had 59 units lived in since May or June of this year. Each of the units has one bedroom and there is a garage for every two units. Five of the 59 8.5% C ) households do not have a car, three of 59 (5.1%) have two cars and the rest have one car for each unit. Three or four units park recreational vehicles or trailers on site. The manag states th • g at they rely upon on-street-parking for guests. (During the marketing of that phase, a strong demand was realized for two - bedroom units. About 80% of prospective two - bedroom households want a garage.) On -site parking of trailers and recreational vehicles is proposed to be banned. 0 No . o f No . of Proj ect No, of Units Parking Spaces Sp aces Used Ratio Concordia Arms 124 100 50 81% Archer Heights 69 42 30 61% Franklyn Park 117 54 44 46% Hazel Ridge 75 ?5 _ 100% Harmony School Project 62 62 100% Proposed Cottages of Maplewood 60 87 145% Archer Heights has added 7 -8 parking spaces since the above survey was done .because of complaints from the residents of inadequate or inconvenient parking. This proposal is different from the seniors residences that have been constructed in Maplewood. It will be marketed to ersons 5� ears of P y age and up, many possibly still working. The existing residences require their residents to be 62+ years of age. For these reasons, the large parking variances granted for Archer Heights, Concordia Arms and Harmony School (project dropped) may not be directly comparable to this proposal. The approval of a 50% parking space variance for Hazel Ridge also may arable. Hazel g y not be directly com p Ridge is marketed to persons 62 years of age and older. The rent also includes wellness rams which will probabl ro result in a l '� g Y less automobile- oriented population -4 than this development. So far, of the 39 units rented only eight have an automobile. ' Y g t A similar development to which to compare the validity-of the parking P g variance requests is the developer's Cottages of Stillwater development. That was the first of the "cottages" senior concept in the metro area. The 62 -unit fir p • first phase has had 59 units lived in since May or June of this year. Each of the units has one bedroom and there is a garage for every two units. Five of the 59 8.5% C ) households do not have a car, three of 59 (5.1%) have two cars and the rest have one car for each unit. Three or four units park recreational vehicles or trailers on site. The manag states th • g at they rely upon on-street-parking for guests. (During the marketing of that phase, a strong demand was realized for two - bedroom units. About 80% of prospective two - bedroom households want a garage.) On -site parking of trailers and recreational vehicles is proposed to be banned. 0 If these characteristics hold true for the Maplewood population, the following parking space availability should occur: a. Five units (8.5 %) should not have a car - b. Three units (5.1%) should have two cars c . Demand for resident parking spaces (60 5 + 3) = 58 cars d. Available code - compliant spaces for visitors (87 proposed - 58 needed for residents) = 29 spaces e. Available guest parking in front of garages = 34 f . Total on -site parking spaces for visitors =-73 Public Works A two- acre -foot storm water pond is planned by the city for the southeast corner of this site ( page 15) . This pond may not be needed dependent upon the drainage plan proposed for the site. If the existing low area is not eliminated, a storm - water pipe should be constructed to Lydia Avenue to drain this area. kd Attachment 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Drawing of the Project 59 Excerpt from the Drainage Plan 60 Project Description /Variance Justification 7. Parking Survey 8. Letter from Raymond Hoyt 9.. Letter from Ramsey County - -CDBG Funding 10. Resolution. (PUD) 11. Setback Survey 12. Site Plan (Separate Attachment) 10 0�� - R2 -4- t - aC(M) I Pat R R3 Puo R2 F c F �t`BC �; R- 3G ._ P10 R • j R „ t P L' 0 9�' R+ • _ F R -GE R 1,8C 9C F '" v R L8� or t � � �►� '- r c F I.;. R lac J M 1 R �. *at Ml M• C . =R- - -- r • SC • a- . ` M 1 Q C! I M F .z . LOCATION MAP Attachment 11 1 ► _ w - • now C o D i i a oho - -- �' - - - - -- -- - - -- -- - - - - - - - -- - - - - -- - — -- - - - -- - - - - - - - - - - - - - - -- - - - -- - - - - - -- v Y � � -) V *,I •. . r f , y :: -�� - - WOOD proposed . �p i i t l i ne 3• land -locked oc ked parce 1 X11 . _ .• .. x f4 ..o• Rio : :•: 4 15 ;.�ti• ::• :' . tile:• :� :�.; tit : • '.�R': V. V. in 1 30, All s 00 :•:. {•. . •: ti• '•I• :•: •: • _ 9 ........... . SALVA ION ARM :. :.......�:::::: :;., :::.::.::- :::�.:::: ; : : 4 ':w.yitititiv:� .nrCti •sue: �. �tiY•' %.•t':�.1;.ti: • •:•:• � :` 1 :� :• �::.'.• •.tiSY.SY: � : 1 :• :��:�:;il ; I• S T '� : K" t ;:•:•:: .a;C;: :,.tiS :yam :: :• .��'+r+ { �•►:; }i <•:!�.:•: 3 3 �:,v.•a:;: ice: ;ti �; •:: ti :�•: •tiff; :. :;► - ::; G ' • : :.tip : • : •.: • : : :•: • • :K ' Y. �• :1': :ti•.4:\ :•:•: ; t3 IN . 4 a �i r:.Y. .•�/: : : :�• .tip Vti� ;i : :Vf:; ::' • :�;•ti,� :- ::.� -: ' / � 1 f :tiff : �. :. • . �� � :t ' ? �:�(•Y: A'\ . ✓:: � . jl 1 In ........ :' :'y acY';d!i�..:.:.•:::.• : y. �,,t.•; *'.:..�.. -..;. t D VI'`` , 1 1.4 214 , _ • (F L ! ° l i ff -1 . T z.s� 97 O 21 IRS 24 b 5 ` 2 1 96 2103 •0 29 �o� w• w� : ►�. EX) o . 0 Z. �._. (��' o ow i 10.11 (24) ft i J J #ft s 0: 2 0 9 ,I4) 2 (1) 2 Z� •� ►•T,,. ,, 6 Q N 3 • 7 l i I 1 e • / • r w 1• 1 PROPERTY LINE /ZONING MAP 12 Attachment 2 4 N �i 3 f f • • . 1 ` ., , � � • 1 --t ice% t ''. 1 t g o do •` •� •�. t `` !J %-- %- 4 •�• v • 1� ,� 1 qw do va I IF 1 it • / / • .• ' • • ' - � '� � t � t � •, !fi � 1 i • • / �" / , / 1 , 4no 4100 �� �� �w� �� 4110 4100 40mommommom MIND 401P Possible future garage space SITE PLAN 13 Attachment 3 4 N IV St U0 . 61 rig tea_ z AV MOO Ilk �' 'T L x • w •J� ��• . i,' • ••` 7 k "a �2j ' t��;s l �•� f �,� R �t� • It f ♦ems � � .}. 1r 1 S ♦' • �, i t � 1' •'i �s. �� ( ,-�, ♦!�i" 7 R7 T' I .tom' .1 ,.• .� � ° �• 1'R� • •�� .- �. + v!� It r 46 • �f,• yid - �• �•�t'� ,~ • S 4 �• ,� } • d' •r j�' ^ �T-�� * � , OF Will ,. ''r � .a�� saw• °. �) a .7 y� '� r M •. .do . FF T' M' WA L ` • • • � r•'� y r • • ►• _ :t; r ,, . w • . d' r '• do JA FF IF IF s • ZZ, 40 ''fit ?' • �' •.� i' =u � ���CI���.�1 COUNTY RD sops. • _0000.. .. ....•.....••.. ...•...........••.•..•......... ... 0 00006000.00000000000 ................ 0000 000 • ... 01MMOM-00 awn 4 TAf arm / _ Ave.. s AF 1 / 2 AF . Applicant's Site / \ r - —Lydia Ave. _ 0000 i • i t • % ' r f 20 A F + l r— • , . 00... 0.. ......... ....... VI................... 0 .. ... ... 0000.. ..........' MAJOR WATE DIVIDE -........... ....�... 00 010000.00.000. 0. 00.0000•. 0. . .0000....... 00000000..0.00000.000•••.0000.0 r INTERIOR WATERSHED DIVIDES -- T ~ PROPOSED S TORM SEWER 42 o The -;,wo -acre -foot EXISTING STORM SEWER and is not 14ote: P - needed for the property north of OPEN CHANNEL Woodlynn Ave. Adequate storm sewer STORM WATER STORAGE, AREA exists in Woodl ynn Avenue. The pond may INUNDATION AREA also not be needed dependent upon the STORAGE VOLUME 4 Af^ proposed drainage for this site, D IS C HARGE IN CFS osc _ CITY L IMITS .... .............. EXCERPT FROM THE DRAINAGE PLAN Attachment 5 • • 15 4 N THE COTTAGES OF MAPLEWOOD STATEMENT OF INTENDED USE INTRODUCTION The proposed Cottages of Maplewood Project is on a 60 unit housing for the elderly project proposed for construction on a 5.0 acre tract _ .of land lying south of Woodlynn Avenue and approximately 400 feet east of Ariel Street. EXISTING CONDITIONS The land is now rolling open land with a cover of wild grass and very little tree growth. . adjacent lands on the north and south are similar in appearance.. The adjacent land to the west is the site for the proposed Salvation Army Church and Community Center and the land to the east is densely wooded residential area. The site has frontage on Woodlynn Avenue to the north where water, sewer, and storm drainage.lines exist in.its right -of -way.. PROPOSED USE OF FACILITY The applicant intends to develop the property into a 60 unit ousing for the elderly project creating rentable. homes for people years and over with emphasis on independent living. Twenty (20) 1 bedroom homes and Forty (40) 2 bedroom homes will be co structed beginning r., a M hft r. in 1987 completing in late 1 jaic "?V7 19 as. The one bedroom units are 650 square feet including Living Room, Dining Room, and Kitchen equipped with stove and refrigerator and Laundry Room with hook -ups for washer and dryer. Each unit has separate heat and hot water systems and each bedroom features a full length storage and clothes closet. The carpet shall be FHA approved and each unit will have Anderson double hung windows. The exterior is maintenance free, with extensive use of aluminum siding and brick. Landscaping shall be professionally done and features 13' high Black Hills Spruce trees. Garages will be available on a optional basis for residents of the project and site amenities include garden plots and gardens and a horseshoe pit. The Cottages of Maplewood are located in close proximity to the shopping facilities located at Maplewood Mall and are immediately adjacent to the Church and Community Center proposed by The Salvation Army. In addition, an abundance of restaurants and other retail faciltities are in the immediate area and bus transportation is excellent only two blocks away. The City Maplewood ty of aple ood has an extremely high population of seniors. The concept of the Cottages of Maplewood is to provide the best possible living unit for the lowest rental dollar. There currently exists a void of seniors rental housing in the City of Maplewood in the $350 -$400 per month range for a one bedroom unit. The proposed Cottages of Maple- wood is targeted to fulfill that need currently existing in the City of Maplewood. B) Option on site not acquired uni tl August 1987. (2) Persons 55+ years of age made up 17.1' of Maplewood's population in 1980. . 16 Attachment 6 THE COTTAGES OF MAPLEWOOD JUSTIFICATION FOR VARIANCE REQUESTS Variance No. 1 •Code requires two parking spaces- per unit or 120 spaces. proposed. • . P p Only X are 87 Justif ication •'The City Code does not ,realistically apply to the proposed development because of the unique nature of elderly housing. Most elderly residents is - have one vehicle per couple and many elderly residents have - no vehicles at all. The applicant believes that the proposed parking count for this project would be - consistent with the purposes of the City Code. The applicant -believes that the lanned unit development P p t proposed would produce a development of equal or superior quality o that which would result from :astri c y t adherence to the provisions of the City Code. The applicant that the variances would not constitute a threat of ,a subjective nature to the property values, safety, health, or general Y g ral welfare of the owners or occupants of adjacent or nearby and nor be • - detrimental to the -health Y safety, morals or general welfare of the public. The applicant believes that the variance is required for q o reasonable and practical physical development and are not required solely on the basis of financial considerations. Variance No. 2 q0 Code .requires one garage space per unit or 60 garages. Only * are proposed. Justification The City Code does not realistically apply to the proposed development because of the unique nature of elderly housing. Most per elderly esidents have one vehicle couple y • •p p and many residents have not vehicles at all. The applicant believes that the proposed parking count for this project would be consistent with the purposes of the City Code. The applicant believes that the planned unit development proposed would p p ro P produce a development of equal or superior quality o that which would result from strict adherence • erence to the provisions of the City Code. The applicant believes that the variances would not constitute a threat of a subjective nature to the property values, safety, health, r h Y • t , o general welfare of the owners or occupants of adjacent or nearby land nor be detrimental to the health, safety, morals of eneral welfare ' 9 a e of the public. The applicant believes that the variance is required for reasonable and practical physical development and are not required solely n the basis of financial considerations, y 17 Variance No. 3 `7 Code requires 4,000 square feet of lot area per unit. Only square - feet per unit are proposed. Just i f i cat ion The applicant believes that the regulations contained in the City Code do not realistically apply to the proposed development because of the . . ,- unique. nature of the Cottages concept. The Cottages -concept is that of an apartment building with separate exterior entrances creating a living environment similar to a single family home environment many of the elderly residents of-this'project would be accustomed to. The applicant believes that.-this project would be consistent with the purposes of the City Code. • The applicant believes that the planned unit development would produce a development of equal superior quality which would result from strict adherence to the provisions of the City Code. The applicant believes that the variance would not-constitute a threat of a subjective nature to the property values, safety, health, or general welfare of - the owners -or occupants adjacent or nearby land nor be detre- mental to the health, safety, - welfare, or general morals of the public. The applicant believes that the variance is required for reasonable and practical and physical development and are not required solely on the-basis of financial requirements. Variance No. 4 Code requires concrete - curbing around all-driver and parking spaces. None is proposed. Justification The applicant believes that the requirement for concrete curbing around all drives and parking spaces is cost_ prohibitive and inconsistent with the rural nature of the proposed Cottages development. If concrete curbing is required around all drive and parking areas, extensive and - costly underground storm drainage piping will be required along with the costs for the concrete curbing and will require increases in the proposed rent structure which may inhibit leasing activities and jeopardize the financial success of the project. • The applicant believes that the variance would not constitute a threat of a substantial nature to the property values, safety, health, or general welfare to the owners or the occupants of the adjacent or nearby land nor be detrimental to the healtht safety, morals or general welfare t of the people • ip Variance No. Code requires that there.be more than eight townhouse units build' g _ is per . building. T1 1S6. f % ww` Z The applicant believes that the regulations contained in h ' t e City Code do not realistically apply to the proposed development because -of the unique nature of the C ottages concept. The C otta es concept ' g pt -is that of an apartment building with, separate exterior entrances creating living 9 environment similar to a si ngle family home environment many of the elderly residents of this project .would be accustomed to. The applicant believes that this project ect� would be- consiste nt ' of with the purposes of the City Code The applicant believes that the planned unit development would p produce a development of equal or superior quality which vould.result from strict adherence to the provisions of the Cit Code. Y The applicant believes that the variance would not constitute a threat of a subjective nat ure to the property values, safety, health, or 9 eneral_ welfare.of the owners or occupants adjacent or nearly land nor be detri mental to the health, safety welfare, or eneral morals of the e public. The applicant believes that the variance is required for reasonable able and practical physical development and are not required solely on the basis of financial requirements 19 1. Richfield Seniors East 78th St. & Chicago Ave. So. Richfield, Mn. 2.61 acres 150 units 60 spaces, surface 57 40% 7 2. Robbins Landing 39th Avenue No. & W. Broadway Robb insdale Mn. 1.26 acres 110 units 52 spaces, surface 87 J 47% 7 3. Northeast Seniors Housing 39th Ave. N.E. & Stinson Columbia Heights Mn. 2.91 acres 85 units 30 spaces, surface 29 35% 3 j a 4. Bridge Square Apartments F� River Avenue and Monroe Street Anoka Minnesota a t $j i 1.19 acres I 101 units 30 spaces, surface 85 30% 9 5. Franklyn Park Apartments is t St. N.E. & S eppala Blvd. No. St. Paul, Mn. } 3.77 acres i 117 units a 54 spaces, surface 31 46% 4 c � 6. ti Roseville Seniors Housing • 1045 West Larpenteur { Roseville Mn. 4.56 acres 127 units 63 spaces, surface 28 50% 4 20 Attachment 7 • ` , 7 . Bloomington Elderly Housing 82nd St. & Knox Ave. So. Bloomington Mn. 4:69 acres _ 212 units 134 spaces, surface 8. Brooklyn Park Elderly 74th & Zane Ave. No. Brooklyn Park Mn. 1.58 acres 110 units 46 spaces, surface 9. Boardwalk Central Ave. & Wayzata Blvd, Wayzata Mn. 77 units 1.789 acres 38 spaces, surface 10. Dover Hill 2500 Rhode Island Ave. No. Golden Valley Mn. 234 total units of which 122 are Elderly Total 14.8 acres (including 3 acres on lake) Elderly portion less than 1/3 of site- less than 5 acres 74 spaces, surface & garage, for Elderly *Parking utilization less than 50% of spaces available ' 11. Fridley Apartments Mississippi & 7th St. NE Fridley Mn. - 9.8 acres - Elderly portion less than 1/3 of site - less than 3.3 acres 49 spaces, surface, for Elderly 12. Coventry 2800 North Snelling Ave. Roseville Mn. 195 total units of which 103 are Elderly 5 stories 8 acres - Elderly portion less than 1/3 of site - less than 3 acres 49 spaces, surface for elderly 21 Units Per Acre 45 70 43 24 31 34 63% 15 42% - 7 49% 4 61%* 7 -o. 48% 5 48% 5 k j II. FEDERALLY FINANCED & ASSISTED DEVELOPMENTS; t, Units. Per Acre 13, Hopkins Village Apartments 9 Seventy Ave. So. Hopkins Mn. 166 total units — 907.+ are Elderly 11 stories 1.65 acres 166 spaces, surface *Less than 25% of Elderly tenants have cars. 14. Hamilton House 2400 Nevada Avenue So. S t. Louis Park Mn. 110 units . 2.5 acres 29 spaces, surface *90% of parking spaces utilized — parking suf f is ien t 15. Yorktown Continental Apartments 7151 York Ave. So. Edina, Mn. 264 units Approximately 6 acres 120 spaces, 112 surface 6 8 garages *Approximately 80% of parking spaces utilized. Average Median 22 101 44 approx. 44 Percentage Parking • 100 %* 26%* 45%* 49% 47% Stories 11 M 12 f BS Prope ies }' y Manage ent R _ FBS Properties Management, Inc. 1700 Soo Line Building P.O. Box 522 Minneapolis, Minnesota 55480 June lb, 1987 Mr. Geofe Olson, AICP Director of Cou nunity Development City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Olson # CONCERNED CITIZEN After reviewing the proposed development for "THE COTTAGES OF MAPLEWOOD WOODLAND AVENUE", I am disturbed by the overall attitude of the developer in. his concept of the City codes and how they should apply to him or better yet, how they should not apply to him in this particular project. The one statement that the developer did make that I fully agree with., is that the City of Maplewood has an extremely high population of senior citizens and this popoulation continues to grow with each new development. However, the residents that eventually move in to this development do not necessarily come from the City of Maplewood. A closer look at the latest population survey will give you a better overview of the age distribution that exists in the City of Maplewood. With the latest addition of the Salvation Army Church and the future development of St. Johns hospital, along with the present number of senior citizen developments, I wonder very seriously if additional senior citizen housing projects are necessary in the City of Maplewood. In response to the variances requested by the developer, I offer the following comments for your review; is variance on number of parking spaces. The statement made by the developer that senior citizens residents only have one vehicle per couple or many of them do not have any vehicles at all, is a broad and a non - factual statement. This project is proposed for individuals 55 years and older with an emphasis on being independent. Where does it say that at 55 you have to turn in your drivers license or that you can have only one car? Also, where will the friends of the individuals who live in this complex park.when they come to visit ?, or will they be prohibited from having friends who drive? The amount of off street parking requested is totally un- acceptable and this code should be upheld. (continued) Attachment 8 Member First Bank System 23 Z. Variance on number of garage spaces. The developer has contradicted himself on this request. First he says that he will be only able to build 40 garages as - the project is presently designed. Then he states that garages will be available on an optional basis. What happens if everyone wants a garage? Is he going to provide garages on .a first come, first served basis until he reaches 40 and then put everybody else on a waiting list? Anyone who has lived in Minnesota through one of our average Winters . realises that a garage is becoming more and more a necessity rather than a luxury especially for senior citizens who may not be able to brush - the snow off their cars or Who will have problems starting their cars after they have been sitting outside in below zero temperatures. 3. Variance on square feet. I have no problem with the proposed change to just under 4,000 square feet per unit. However, not having seen the interior space layout for these units, I cannot comment on just how practical this development will be in regards to usage of interior space. 4. . Variance on concrete curbing. I The applicant admits that the only reason why he does not want concrete curbing is because of the cost factor. He is not concerned with storm drainage or maintenance that will be necessary at a later date. He seems to believe that it either does not rain in Minnesota or that the streets will make an adequate drainage surface. The request for concrete curbing, and I emphasise the ward concrete is a must in Minnesota, with snow plowing and extreme temperature changes that take place, it is imperative that only concrete curbing be used in order to insure that they will last longer than one or two years. This, to me, is a definite must. 5. Variance on storage per unit. I see no problem with granting this variance and it seems to me he is complying with the code. .1, 6. Variance on number of townhouses per unit. The builder is strictly putting this project together for monetary reasons and thus trying to get as much as possible on this site and attempting to cover this situation with the idea of the concept of the development and as he uses the term "cottage concept ". This is strictly a monetary decision and has no basis as it regards to the overall concept of the project. 24 rk 70 My overall opinion of the project is that the idea of providing first class housing for senior citizens is are outstanding idea.. However, the developer is waving the senior citizen flag in the hope that you will not see the real reason for this proposed project development and that is for him to make money. If he was trying to impress me with his proposed garden plots and a horse shoe pit, I was not. The statement that the applicant continues to make that he believes that the variances would not constitute a threat of a subjective nature to the property values, safety, health, or general welfare of the owners or occupants adjacent or nearby land, nor be detrimental to the health, safety, welfare, or general morals of the public, I am in complete dis- agreement with the developer on this statement. A closer look at the site plan indicates that this project is the next thing to being a maze. He has crowded as many senior citizen cottages into this space as possible. He has left very little geeenery and has turned this project into one big maze. The artists rendering of what the elevation will look like is very impressive however, I don't believe there will be any particular place on this site that you will be able to stand back far enough to get the particular elevation view as shown on his drawing. The artist has done an outstanding job of showing plenty of greenery and the white picket fences in order to help sell this project. However, when you look at the overall site plan, such a concept is hard to visualize. My initial recommendation would be to first verify the need for additional senior citizens housing in the City of Maplewood and if the need did exist then proceed with the proposed project following the existing codes that are now in existence and were in existence prior to the developer putting this project together. Should you want any additional input from me in regards to the development of the project, I would be glad to sit down with you or any member of the planning commission. Sincerely, Ra nd C. Hoyt 299 Furness Court Maplewood, MN 55109 25 i RAMSEY COUNTY Office of the Executive Director 286 Court House 15 W. Kellogg Blvd. Saint Pahl, Minnesota 55102 (612) 298.5980 Terry Schutten, Executive Director September 10 1987 Mr. Geoffrey Olson City of Maplewood 1830 E. .County Road B Maplewood, Minnesota 55109 Dear Geoff: County Commissioners Diane Ahrens John T. Finley Ruby Hunt D ua ne W. MC-01Tty 1 lal Not t ai d Dontild E. Salwrda Warren W. Schauer The Community Development Advisory Committ continues to view the. proposal for the Cottages of naplewood favorably nd expressed • Y p a desire to fund the activity at its meeting today. However, the information which HUD confirmed only ast week with respect y • p t to what we can fund leaves us with uncertainty regarding tbe viability of the project. In order to bring a disposition to this matter the County will tentatively allocate $252,500 for the project until November 30, 1987 This figure includes the cost of the land and an allowance to secure an appraisal on the land wh ich will be required by HUD. In the inter the following steps should be taken: 1. Financing for the entire project should be sol This includes the City's affirmative response to the Developer's request for a tax exempt bond issue any confirmed clarification as to tow the shortfall from the requested $400 and the actual $252,000 which we can offer will be met. The County takes no P osition on how the shortfall should be met. An.actual bond sales need not take place. 2 . A new prof orina showing an updated budget for the project including all of the sources of revenue as they actually are anticipated. This proforma should be coin feted at the time a � i 11 sources of revenue are pinned down for the project. 3* A statement from the City of Maplewood that the project has met all of the requirements of the City, including any citizen participation or public hearing requirements which the p 9 q h _ City may hav . . 1 VL this in. r..? L.!.cn E . bl11 A be � �r � a• dpi }.� �'� �'/1���L.• no xkm :147 low 6.e C.- r _ . _ . ... 1 j .. _ - - _ L • .�i ` v r j 0 r t s requested on or before October 30, so we roay remain up to date 26 Attachment 9 4 it *8,1 Should you have questions or need assistance during try 3. s t i mc.1, please do not hesitate to contact me. We are very enthusiastic about the potential for this project,and look forward to hearing from you soon. Sincerely, Judy A. Karon, Director Community and Economic Development cc: Commissioner Norgard John Bossa rdt Charlotte Scott - HUD 0 27 Pursuant to due call and notice thereof a regular meetin g of the City Council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of 1987 at 7 p.m. The following members were present: The following members were absent: WHEREAS, Arkell Development Corporation initiated a conditional use permit for the Cottages of Maplewood planned unit development at the following- described property: The south 662 -87 feet of North 1325.74 feet of East 263.63 feet of Northwest 1/4 of Northeast 1/4 of Section 2, Town 29, Range 22, and; The West 263.63 feet of East 527.26 feet of North 1321.30 feet of Northwest 1/4 of Northeast 1/4 of Section 2, Town'29, Range 22, and; The East 20 feet. of the following parcel, the East 263.634 feet of the West 790.902 feet of the North 1265.7 feet of the NE 1/4 in Section 2. Township 29, Range 22, .and; The East 20 feet of the following described parcel, the south 55.6 feet of the North 1321.3 feet of the East 263.634 feet of the west 790.902 feet of the NE 1/4 in Section 2, Township 29, Range 22. WHEREAS, the procedural history of this conditional use permit is as follows: 110 This conditional use permit was reviewed by the Maplewood Housing and Redevelopment Authority (HRA) on October 6, 1987. The HRA recommended to the city council that said permit be approved. 2* The site plan and building elevations for the proposed development were reviewed by the Community Design Review Board (CDRB) on November 24, 1987. The CDRB recommended to the city council that said permit be approved, 3. This conditional use permit. was reviewed by the Maplewood Planning Commission on November 16, 1987. The planning commission recommended to the city council that said permit be approved, 28 Attachment 10 40 The Maplewood City Council held a public hearing on December 14, 1987. Notice thereof was published and mailed pursuant to law. All.persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT. RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved for the Cottages of Maplewood planned unit development, subject to the following conditions: A. This development shall not be converted to nonseniors housing without revision of the planned unit development. For purposes of this permit, seniors housing is defined as a residence occupied by persons that are,,5 years of age or older. �a B. Trailers and vehicles that are not required for day -to -day transportation needs shall not be parked on -site, unless the city determines that there are excess parking spaces available. Co If council determines that there is insufficient on -site parking after one year of 95% occupancy, additional parking may be required. f rz i i a 014 or let / ri Do Adherence to the site plan 1987 and the floor plans date - stamped September 29, 1987, with the changes required by the community design review board. Future changes may be approved by the community design review.board. Approval is on the basis of the following findings of fact: 1. The use is in conformity with the city's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 39 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 disturbing 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 traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the city. 29 9. The use would preserve and incorporate the site's natural and scenic features into the development design v 10. The use would cause minimal adverse environmental effects. ' -- Approval includes a � -foot setback variance from the south lot line pct a 13 -1/2 -foot setback variance from the west lot line for a } o driveway Approval of the variances is on the basis that. 3 1. Senior housing creates less traffic noise than a `-- conventional multiple- dwelling project. 2. The building is only one- story. 30 The setback along the west property line is not needed since: ZZ ° _r a. The ad • acent use is proposed to be a parking 1 � p p p g of for a church. t s bo A 20 -foot setback and screening is required between the church parking lot and lot line. 4. Requiring screening along the south property line would compensate for the reduced setback. 5. The most common setback used by other cities is five feet. ( See the survey on page 32.) 6. Certain regulations contained in this chapter do not realistically apply to the proposed development because of the unique nature of the proposed development. 7. The variance would be consistent with the purposes of this chapter. 8. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter, �` 90 The variance would not constitute a threat of a substantive nature to the property values, safety, health or general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, morals or general welfare of the people. 10. The variance is required for reasonable and practicable physical development and is not required solely-on the basis of financial considerations. kill Aaoptea tois day of , 1987. Seconded by Ayes -- STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed clerk 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 day of 198 , with the original. on. file in my office, and the same is a fu 11, true and complete transcript therefrom insofar as the same relates to a. conditional use permit. Witness my hand as such clerk and the corporate seal of the city this day of , 1987. City Clerk City of Maplewood, Minnesota 31 y► SETBACK REQUIREMENTS MULTIPLE DWELLING ADJOINING SINGLE OR DOUBLE DWELLING PROPERTIES Setback to Side or Rear Property Lines Private Open Parking Dwelling City Driveway Space Garages Structure Coon Rapids 5' S 1 51 25 1 5 Roseville 5' 5' or 20' from a 151 side _ principal struc- 30' rear ture on the ad- joining lot whichever is greater & within 300 from the dwell- ing entrance Plymouth 15' 20' No 20 1 detached garages Brooklyn Center 15' 15' 15' 15' or twice the height of bldg, which- ever the greater Fridley 15' 5' 5' Side Y ard: 15' + l' for each 4 over 35' of bldg height Rear yard: 20% of depth with a min. of 25' & a max. of 40 Blaine 15' 25' 20' 20' Shoreview 5' 5' 5' side 30 1 10' rear Crystal 15' 15' 5' 15' side 40 rear White Bear Lake 5' 5' 5' 15' side 30 rear Woodbury 10' 10 ( Same as for 20 side structure) 35' rear + 1' for ea. 1' over 35' 32 Attachment 11 w Oakdale 5' 10' 5' 10 20' N. St. Paul None None 3' 25 50 1 Vadnais. Hgts 5' 10' 5' 20 15' or the height of the bldg whichever is greater Little Canada 5' 15' 15' 30' to 50' (ease-by- ease) Eagan 5' 10' 10' 30' + 1' for each ft. above'35' Apple Valley 5' 5' 10' 40' Maple Grove 5' None 15' side 15' side 40' rear 40' rear Golden Valley 25' 25' 50' 50' New Brighton 15' 15' 30' 30' South St. Paul None None 2 -5' 9` side 25' rear West St. Paul None 10' 10' 40' + 1/2' for each ft. above 50' Cottage Grove (T. Hse) 5' 25' 25' 25' (Apts) 5' 50' 50' 50' Burnsville 5' 15' 10' 40' New Hope 10' 10' 20' side 20' side -_ 35' rear 35' rear Columbia Hgts 1' 10' 2 -10' side 1/2 bldg hgt, or 10' whichever greater 3 -20' rear 1/2 bldg - hgt or 20' whichever greater Range 0 to 25 0 to 50 2 to 50 10 to 50+ Most Common 5 10 10 25 to 40 Maplewood 20 20 20 20 to 75 33 i Action. by Council. MEMORANDUM nnYzu ��� c d � : c d— TO: Ci Manager Re ecte snow FROM: Director of Community Development Date SUBJECT: Y pent Tax _ Increment and Tax - Exempt Financing LOCATION: Woodlynn Avenue, East of Ariel Street APPLICANT: Arkell Development Corporation PROJECT: Cottages of Maplewood DATE: November .10, 1987 Introducti The applicant is requesting $2.8 million in tax-exempt ' $275,000 in tax-increment financing and ent financing for the 60 -unit Cottages of Maplewood development for older adults which is ro 0 �nToodlynn Avenue and east P p sed south of of Ariel Street. The purpose of this financing request is to reduce the rents of this ' prod ect to be affordable to low and moderate income seniors. The tax-exempt financing would reduce the developer's interest costs. The tax - increment financing would pay for site improvements, • p nts, such as .curbing, sidewalks, landscaping and utilities. Background 1. Tax financing uses the increase in taxes from a new development to f inance projects with a public purpose. These taxes would normally go to the city, county, school district that -are fund Y rict and other agencies • funded • by property taxes, one of the justificatio for tax - increment financin is that the 9 project would not be built and taxes generated without this financing. 29 The city council adopted the original tax - increment financing plan on October 28, 1985 and modified i September 28 198 7 it on June 23, 1986 and . 3. Tax - exempt financing reduces the interest rate for the developer's financing. This is move tha the federal tr easury Y t normally would have gone to , 49 The city has approved tax-exempt fin • p rojects P financing for two previous senior housing p sects - Hazel Ridge and the Harmony School ro'ect. The city also approved tax - increment financing P projects and a first- for two senior housing time home buyers program in 1982. This project ec was dropped. P t 510 In 1982 and again in 1985, the Housing g Authority conducted surveys that asked seniors to indicate their preferred type of housing. A number of the respondents chose housing types other apartment g YP than the conventional rental a P C l• e• condom i n i um /townhouse, home sharing, senior group homes), On the basis of these surve s the promote Y � HRA has adopted an objective to P the availability of non - conventional senior housing options within the communit le development ye, This townhouse sty p t is unique to this area and is, therefore, consistent with the HRA's policy of promoting wider variety senior housing options. g y °f 6. Based upon previous market studies and the present waiting lists for area senior residences, there appears to be a need for this housing. 7. Ramsey County has authorized $252,000 in Community Development Block Grant (CDBG) funds for this project. Discussion There is a need for senior housing in our area, although the HUD office reports that there is a surplus of higher income senior housing in the metro area. There are long waiting lists for existing projects in the Maplewood area and a projected need of 43.5 units each year through 1990. As the baby boom generation ages, there should be a continuing demand for this type of housing. Providing lower rents for older adults helps to fill a public need. (See article on page 12 . ) This problem is compounded by the cutback in federal housing programs. l: Financing The tax- increment financing makes sense in this case. This project would cost the city $385,000 ($275,000 to the developer and $110,000 in financing costs). The project would generate $150,000 each year in increased taxes. The project would pay for the city's costs in 2.6 years. It is unlikely that this site could be developed by another project within this time, if the Cottages project did not develop. Requ i. r i ng that the city receive a percentage of the sale of the property in proportion to the city's investment of' tax - increment funds over a five percent appreciation each year will allow the city to share in any windfall profit. 2. Design Improvements In 1986, council adopted a policy to require eight of sixteen design upgrade options on page 6 to be incorporated in a development in exchange for city approval of tax - exempt financing. This is the first proposal to be considered following the adoption of the design upgrade policy. The problem is that the list of design options does not give credit for many of the amenities that are particularly important to older adults. These amenities include: a. A superior site location, readily accessible by public transportation and very close to medical and shopping facilities; b. A one -level patio home concept with separate entrances and grassed, -"private-appearing" yard area outside their door and windows; c, flower or. vegetable garden plots next to their entrance; 2 d. hook -ups for a full-sized washer and dryer in each unit; e. garage or parking space (s) readily accessible from each unit; fo large windows in . the living rooms and bedrooms of each unit for as much natural lighting as possible. The project does include four of the design options in the city's criteria: 1.- distinctive, non - generic style 20 dead bolt locks 30 all parking spaces at least ten feet wide 4. recreational walkways or sidewalk The reduction of the number of design upgrade options from eight to four is acceptable on the basis that: 10 Several senior - citizen - oriented design amenities will be incorporated in this project. 2. This development would provide a senior housing opportunity that does not exist in this area. A policy of the HRA, since 1981, has been to promote the availability of a wider variety of senior housing o ptions 1 menda t i on c a d1 n F i r��� I , rave the resolution on page 13 to grant preliminary approval of tax xempt mortgage revenue financing and the housing program for one �� 1 yea for $2.8 million to construct the Cottages of Maplewood. 1 A royal is subject to the city's requirements for tax- exempt mortgage evenue financing, except that only four of the eight design upgrading options shall be required. In addition, the project shall comply with the fallowi income requirements: A. 20% of the units shall be occupied by households that have an adjusted gross income of 50% or less of the metropolitan median income, unless the developer elects to provide 40% of the units complying with the 60% of median income requirement; B. 75% of the units shall be occupied by households that have an adjusted.gross income of not more than 110% of the metropolitan median income, and; CO 51% of the units shall be affordable to -households which have adjusted gross incomes of no more than 80% of the metropolitan median income. KI Y 0 I 3 Approve the resolution on page 24 revising the city's development program and tax - increment plan to include $275,000 for land acquisition and on -site improvements and $110,000 in financing costs for the Cot tages of Maplewood Seniors Development, subject to rece iving a percentage of the s ale .of the property in pro ortion to the city's investment of t - increment fu nds over an annua appreciation o 51, The actual amount to be approved will be decided once the total cost of the development is determined and once an in end.ent a ra is.al is submitted to document the amo of public fiLnqaDc needed to achieve rents affordable o the avera Maplewood resident betwe *� O and 70+ yeargo age: The person chosen or the appraisal work shad be approved by the city. to 4 REFERENCE Past Actions 1. Tax- Exempt Financing -- Seniors Housing 1- 14 -85: Council granted preliminary approval of $5.8 million of tax - exempt financing for up to 100 units for the Hazel Ridge Seniors Residence at 2696 Hazelwood Avenue. (Final approval has been granted and construction is complete.) 11-25-85: Council granted preliminary approval of $6.5 million of. tax - exempt financing for the .116 -unit Harmony School (Casey Lake) Seniors Residence (County Road C and White Bear Avenue), subject to construction beginning within one year. (This approval has expired and the project has been abandoned.) w 2.. Tax- Increment Financing -- Seniors Housing In 1982, council gave concept approval to using tax - increment financing to assist with the development of a seniors housing project. The project would have used approximately $150,000 of tax - increment funds for each of two senior housing developments (Hazel Ridge and ' Bennington Woods). Those developments were proposed to be owner- occupied. The program also included a first -time home buyer component financed with tax - exempt financing. Interest rates fell and the program was abandoned. Housing l Policy and Requirements 10 Tax- exempt mortgage revenue financing: a. The following requirements have been adopted by council for approval of tax - exempt mortgage revenue financing for multiple dwellings: (1) The development shall be consistent with the comprehensive plan. (2) The development will not have a negative impact on the vacancy rates of existing multiple dwellings in the city. (3 ) There is reasonable assurance that the development w i l l be able to comply with the federal low -to- moderate income requirement over the life of the bond issue. (4) The bond indenture agreement shall require: (a) The developer to annually certify to the city and trustee, on the anniversary date of the bonds, compliance with the federal low -to- moderate income requirement. (b) The program trustee, as approved by the city council, shall inform the city of any noncompliance trends, 5 (5) Payment of an annual-program participation fee. (The formula is established at the time of final approval.) (6) Prevailing wage requirements for the construction workers. (7) Design upgrading options which must include eight of the following items: (a) Brick (b) Building design should be a distinctive, non- generic style with meaningful details. (c) A noticeable increase in size and quantity of landscape plantings over what is normally required (d) Underground irrigation of all landscaping e) Usable open space provided above code minimum (f) Electrical outlets adjacent to at least half the parking stalls for car heaters (g) A children's play area (h) Deadbolt locks (i) Security system (j) Swimming pool, tennis court, indoor multi- activity room or outdoor multi- activity building (k) At least 10% more parking spaces or garages than code requires (1) Underground parking or parking under the dwelling unit (m) Setbacks above code minimums (n) Floor areas above code minimums (o) All parking stall widths at least ten feet (p) Recreational walkways or sidewalk 2. Housing bond plan amendment: Council's adoption of the housing bond plan in October, 1982 authorized the use of tax - exempt financing for multiple dwellings. This plan, however, did not include specific development programs. As a result, each time a development is approved for this financing, council must adopt a specific housing program for that development. The program must be reviewed by the Metropolitan Council before the developer's request for the tax - exempt financing can be submitted to. the Minnesota Housing Finance Agency for approval. 6 3. Need for this development: a. According to the market opinion that was prepared by Gary Stout of Public - Private ventures in. 1985 for the Harmony School Seniors Residence, Maplewood could absorb 156 new senior rental housing units for occupancy in 1986 and up to 43.5 units each year thereafter through 1990, without causing a vacancy problem for existing seniors residences. .b. Only 75 of the 199 (43 -and .156) units projected to be needed .through 1987 have been constructedw Assuming this 60 -unit project would be occupied in 1988, a need would still exist for 107 units (199 + 43 minus 75 + 60) c. The waiting lists for the existing senior residences are: (1) Archer Heights - 9 (2) Concordia Arms - 400+ (3) Franklyn Park - 300+ 700+ 40 Required Income and Rent Limitations Market rate units -Rent (includes utilities) $324 (1 bedroom) $511 (1 bedroom) $484 (1 bedroom) $575 (2 bedroom) a. Federal law requires one of two income limitations to be enforced for 15 years to qualify for tax- exempt financing: (1) At least 20% of the units must be occupied by households with adjusted gross incomes of 50% or less of the metropolitan median income, or; (2) At least 40% of the units must be occupied by households with adjusted gross incomes of 60% or less of the metropolitan median income. MAXIMUM ALLOWABLE ADJUSTED GROSS INCOMES FOR 1987 Percent of Median Income 50% 60% One Adult $12,938 $15,525 Two Adults $14,438 $17,776 b. The county is requiring that 51% of the units must be affordable (not more than 30% of gross income) to households with adjusted gross incomes of 20% or less of the metropolitan median income, For one- person households., the 80% ceiling is $21,300. For two - person households, the 80% ceiling is $24,381. In 1987, monthly rent, including utilities, would have been limited to $532.50 a month for a -one- bedroom unit or $607.50 for a two - bedroom unit. 7 c. The applicant is proposing 1988 rents of $385 plus $60 (heat ing /c.00ling and electricity) _ $445 per month for a one bedroom unit and $485 plus $70 (heating /cooling and electricity) = $555 per month for a two - bedroom unit. d. The city should also require that at least 75% of the units must be occupied by households with adjusted gross incomes of 110% or less of the metropolitan median income ($30,038 for a one -adult household and $34,914 for a two- adult household)* This restriction was required with each of the previously approved tax - exempt financing requests. This requirement is more justifiable in this case because of the additional direct subsidy with tax-increment funds. 59 Competitiveness With Existing Senior Residences: The rents for the proposed units would not be directly subsidized through the Section 8 or Section 202 programs, as with the Archer Heights and Concordia Arms residences. The design of this .development w i l l also attract persons generally younger and more independent (transportation and socially) than the Archer Heights and Concordia Arms residences. Archer Heights and Concordia Arms require their residents to be 62 or older. This development would be marketed to persons 50 years of age and older. Archer Heights and Concordia Arms also have congregate areas which this proposal w i l l not have. This project also should not compete directly with the Hazel Ridge units. Hazel Ridge's rents range from $575 to $795 for one bedroom and $795 to $1 -,600 for two - bedroom units. These rents include wellness programs that will not be available at the proposed development. 6. Suitability of the Site for a Seniors Residence: In 1982, a site evaluation of potential senior housing sites was conducted for the city by Gary Solomonson Associates. That study considered seven sites, including this site. This site was found to be the best suited for senior housing. kd Attachments i. Location Map 20 Property Line /Zoning Map 3. Site Plan 4. Newspaper Article 5. Resolution (Tax- Exempt Financing) 60 Tax- Exempt Financing Plan 7. Resolution (Tax- Increment Financing) 80 Development Program and Tax - Increment Financing Plan 94W HRA Minutes 'Loll e , • tz _ • Lo Rpm 66 •. • A 3 • lZa W s C; R') ' sc A? 16 ;tip e a R 9 C F A • •r.�a.• ,►. j A • •• Avg r. 8C 01 . �. �►► r , • r � • - T ic n MAht "'� -.fig KAW ,� .. } C 1. act R :...• ACCT • 0 'u0 A? It l ►vo LLrr 3 — F • - R C R' - - P � p 1 • R F R „ i R c _ AOKL R s .,.. L LAC s C j i A •i R L9 . - t f ' LAC 1� R - t_ .71 M R Na • .... C' 111 - Mt 0 R• • 2 R• 3C -till 6C `t] i v • Mt : , #.n000 o r LOCATION MAP 9 Attachment 1 Q N •� f . .:.,. :::.:. X.. 2 5 4 Ito r• �C Y.Y? ]G•r r ... . 3 ,Q i�:.. .•:..:. Cr; h ., .. ...... E(3 �..� A !ON ARM .. .YID'. A . :i:.:� •:.'.•L:. 4 ' t �f .. .... i • 1x:': YMiryiiY:+wi:Gr�r► r ��tt��..�� . �� • �� •• �' • 'I:•. 'I:•:'I %r :: r: .'Y''/ .�I.�' '•�.•I • 't %II /.•.W.'.'.YI�... . \ fj• % . •Y�I.'.'. r.' •:•. r.•. i J to too sees 2 X 1 t4 214 3 - Cot I# „. `o c s a • c s' IT 014 97 8 205. ` 29116 2$ 3 • 29 �o� �. b�• ��. ON 4 I - . 0 A nt- V 01 ft ,� — • ; 14 oft ofto PROPERTY LINE /ZONING MAP io Attachment 7 Q N rA • - • &C PS 43 . . 5.11: • 3.,b ).� •c. �t ' 7 ' o 1.�• -• _ r , 'o t o 04 � h • •� • rr • - - ~ oo i 01 v do 4M 4w 4w 40 4D 4w OW 4M Y , .. �• V WOOD 4M 4w 4W 4W MW w �W M: QM 4M 4 ... _ 4W 4W 40 ._ . proposed.�plit line - -_ ______ - -_ -____ land-locked f7) parcel 0 - •� f . .:.,. :::.:. X.. 2 5 4 Ito r• �C Y.Y? ]G•r r ... . 3 ,Q i�:.. .•:..:. Cr; h ., .. ...... E(3 �..� A !ON ARM .. .YID'. A . :i:.:� •:.'.•L:. 4 ' t �f .. .... i • 1x:': YMiryiiY:+wi:Gr�r► r ��tt��..�� . �� • �� •• �' • 'I:•. 'I:•:'I %r :: r: .'Y''/ .�I.�' '•�.•I • 't %II /.•.W.'.'.YI�... . \ fj• % . •Y�I.'.'. r.' •:•. r.•. i J to too sees 2 X 1 t4 214 3 - Cot I# „. `o c s a • c s' IT 014 97 8 205. ` 29116 2$ 3 • 29 �o� �. b�• ��. ON 4 I - . 0 A nt- V 01 ft ,� — • ; 14 oft ofto PROPERTY LINE /ZONING MAP io Attachment 7 Q N • I WMLYNN l ob* 0 • / �• '• •, . ., . .• 0 OF 40 vw do / • / 1 •• ( • . �' •• r •••• • w• r , •ti • . r • w�••rrwr• F • • . 1 • / • / I • r.+ _ • . • • �. '• . I •• • • • J 1 'f• • • �..�..�. • •• • •• j • 1 • i ab 0 4 • too • vp do 0 • r �S "••• • • •( • I i• am � t �. � 7 ` � I J I • I 1 � •� • • • • tv • • • • _ � � .... �.�.. � � � _ .... • .. �.�.... �.�._ 1. � � •....r�.. — • • • • •� • • • 1 • • • SITE PLAN Possible future Attachment 3 s ace garag P • Q N '1"r /tw4L Daltot a Count t x e t o h e I fen nce ,J u�on for eniors By Jim Adams Staff Writer Dakota County residents for the first timc next year will pay a small part of their . property taxes into a housing And for lower- income senior citi- zens. _ The Housing and Redevelopment Authority (HRA) will levy a tax to help make up for cuts in federal funding for senior housing, said Mark Ulfers, HRA executive direc- tor. Ulfcrs noted that a study done this year for the county estimated that about 2,300 of 3000 lower-income seniors need help in finding low -cost housing. The county is assisting the other 1,100. Ulfers said the waiting • period to get into one of the county's eight subsidized buildings for seniors is one to four years. Residents pay 30 percent of their income for rend Within three years, the HRA expects to have collected enough taxes to build a 65 -unit building and offer subsidized rents for seniors, Ulfers said. • The county board last month unani- mously approved the HRA's propos- al to levy one -third of 1 mill that will raise about $616,666 in the first year for senior housing. This is the first time the HRA has used its taxing ability, Ulfers said. The board approved the HRA levy because "there is such a pent -up de- mand for housing for seniors in the county," said Chairman Steve Loed- ing. "Most people think of Dakota County as predominantly a young county. But we have a great number of seniors in West St. Paul and South St. Paul: We are also seeing greater • West St. Paul can have an income of up to $24,300 for a couple, Erickson said. • "Most eople think opp . County as predominantly a y oung county. But we have a great number of seniors in West St. Paul and .South St. Paul. -Steve Loeding, chairman, Dakota County Board People looking for moderate -priced senior housing call several times a month to Dakota Area Resources and Transportation -for Seniors (DARTS), said .Janet Woodhull, manager of DARTS volunteer home services program. The HRAs proposed 65 -unit project will be a welcome addition that will reduce waiting lists for senior hous- ing, Woodhull said. "I think we will see a need for more and more low - income senior housing," she said. Woodhull said she often sends vol- unteers to visit and help seniors liv- ing in large apartment complexes. "Because there are so few older peo- ple now in the western part of the county, there are no services yet. No grocery stores deliver. It is really tough for those people." needs of the aging population in the western suburbs, and we need to plan in advance to provide for senior housing." . About 15,000, or 6 percent, of county residents are seniors, and that num- ber is growing rapidly, Ulfers said. The number of county residents age 65 or older increased 59 percent dur- ing the 1970s, compared to 27 per- cent in the metropolitan area, accord- ing to census information. About 1,120 county seniors receive housing assistance. About 430 of them live in apartments or homes and - receive rent assistance, which restricts income to $ for one person or $ 15,450 for two seniors, said Kari Erickson, HRA deputy di- rector. Seniors living in the HRA - managed Colleen Loney Manor in 12 She said there also is a housing need "for people in the middle who are not eligible for subsidies" and can't afford expensive market rate housing for seniors, which can cost $ 1,000 a month or more. A. study done in March by Health Planning Management Resources looked specifically at senior housing needs in three cities, as well as coun- ty -wide. The study found that Eagan needs 287 units for low- income sen- iork, Burnsville needs 250 units and Apple Valley needs 69 units. The three suburbs now have no subsi- dized senior housing. Two senior housing projects being i built n West St. Paul will provide 86 subsidized units and 102 units priced at market rates, Erickson said. But those two buildings and the HRA proposal "won't make a dent in the number of units needed, especial- ly by the time ours is built," Erickson said. "It will definitely be an im- provement, but they won't begin to meet the needs, according to our waiting lists throughout the county." The waiting list has more than 450 seniors on it, she said. About 300 people have expressed in- terest in the 60 -unit subsidized budd- ing, Mt. Carmel Manor, being built in West St. Paul, Ulfers said. The 128 -unit Westwood Ridge Apart- ments will have about 26 subsidized units, said Erickson. Attachment 4 MODIFIED DEVELOPMENT PROGRAM for DEVELOPMENT DISTRICT NO, 1 TAX INCREMENT FINANCING PLANS FOR ECONOMIC DEVELOPMENT NT DISTRICT NO. 1-1 (Zanti and Maplewood S HOUSING DISTRICT NO* 1-1 (Maple Rid Apartments) HOUSING DISTRICT NO, 1-2 (Maple Rid Estates Apartments) ECONOMIC DEVELOPMENT DISTRICT NO.-.1-2 (Mall Addition and Main Street Store) HOUSING DISTRICT NO. 1-3 (Cotta of Maplewood) for CITY OF MAPLEWOOD, MINNESOTA December 14, 1987 This document was drafted b BRIGGS AND MORGAN 2200 First National Bank Building St. Paul, Minnesota 55.101 Attachment 8 MUNICIPAL ACTION TAKEN Based upon the statutory authority described in the Modified Development Program attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's development objectives as set forth in the.Modified Development Program, the City Council has created, established and designated Development District No. 1 pursuant to and in accordance with.the requirements of Minnesota Statutes Section.469.126. The following municipal action was taken in connection therewith: October 28, 19_85_ The Program for Development District No. 1 was adopted by the City Council, June 23, 1986 : The Program for Development District No. 1 was modified by modifying the Project Costs. September 28, 1987 The Program for Development District No. l was modified by enlargement of the geographic Project Area and increased Project Costs. December 14, 1987 The Program for Development District No. 1 was modified by modifying the Project Costs. The following municipal action was taken with regard to the Tax Increment Financing Districts located within Development District No. 1: Economic Development District No. 1 -1 (Zantigo and Maplewood Square): October 28, 1985 The Tax Increment Financing Plan for Economic Development District No. 1 -1 was adopted by the City Council. June 23, 1986 The Tax Increment Financing Plan for Economic Development District No. 1 -1 was modified. Housing District No. 1 -1 (Maple Ridge Apartments): October 28, 1985 The Tax Increment Financing Plan for Housing District No. 1 -1 was adopted by the City Council. 31 June 23, 1986 The Tax Increment Financing Plan for Housing District No. 1 -1 was modified. Housing District No. 1 -2 (,Maple Ridge Estates Apartments): October 28, 1985 The Tax Increment Financing Plan for Housing District No. 1 -2 was adopted 'by the City Council. June.23, 19.86 The Tax Increment Financing Plan for Housing District No. 1 -2 was modified. Economic Development District No. 1-2 .(Mall Addition and Main Street Store): Sept_ ember 28, 1987 The Tax Increment Financing Plan for Economic Development District No. 1 -2 was adopted by the City Council. Housing District No. 1 -3 (Cottages of Maplewood): December 14, 198 7: The Tax Increment Financing Plan for Housing District No. 1 -3 was adopted by the City Council. . 2 jZ SECTION I DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 1 .1. Definitions The terms defined below shall, for ur oses of this Development Program and Tax Incremen purposes meanings herein s e Financing Plan,. have the me cified, unless the g P . context otherwise specifically requires: , city" means the City of Maplewood, a municipal —� ' corporation and political subdivi sion of the, State of Min nesota* The City has a Statutory City -Plan A form of government. +' " means the City's Comprehensive Plan Comprehensive Plan Y rrrrrr�. submitted to the Metropolitan Council pursuant to Minnesot Statutes. 473.173, which contains the objectives, policies, st andards andards and p rograms to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. " Council " means the City Council of the City, also referred to as the governing refe 9 body. (See "Governing Body" below.) "Count means the County of Ramsey, Minnesota. " Development District Act means the statutory provisions ri�,rrr�r� of Minnesota Statutes, Sections 469.124 through 469.134 as amended and supplemented. " Development Di strict" means Development District No. 1 the City, which is created and established hereto pursuant In y' Development to and in accordance with the D ment District Act, and is p geographically described in Exhibit A. Development P rogram" means this Development Program for Deve lopment District No. 1, initially adopted by the Council on October 28 f 1985 and modified on June 23, 1986, September 28, 1987 and December 14 1987. As defined in Minnesota Statutes, Section 469.125 Subd. 3, a development program is a statement of objectives of the City for improvement of a development district which, contains a complete statement as to the P ublic facilities to be constructed within the district, the open space to be created, the environmental controls to be 3 33 applied, the proposed reuse of private property and the PP P P proposed operations of the district after the capital improvements within the district have been completed. " Economic Development District means a type of tax increment financing district which consists of any project, or ortions of a roject, not meeting the requirements found in P P the definition of redevelopment district or housing d.istr i.ct , but which the City finds to be in the public interest because: (a) It will discourage commerce, industry or manufacturing from moving their operations to another state, or (b) It will result in increased employment in the municipality; or (c) It will result in preservation and enhancement of the tax base of the _ municipality. " Governing Body means the duly elected City Council as defined in Minnesota Statutes, Section 469.125, Subd. 80 " Housing District means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any .other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts, as defined in Minnesota Statutes, Section 469.174, subd. lie " Munici al Industrial Development Act means the statutory provisions of Minnesota Statutes, Sections 469.152 through 469.165, as amended. " Munici alit " means any.city, however organized as defined in Minnesota Statutes, Section 469.125, Subd. 2. "State" means the State of Minnesota. " Tax Increment Bonds means any general obligation or revenue tax increment bonds issued and to be issued by the City to finance the public costs associated with Development District No. 1 as stated in the Development Program and in the 4 Tax Increment Financing Plan for the Tax Increment Financing Districts within Development District No. 1. The term "Tax Increment Bonds" shall also include any obligations issued to refund the Tax Increment Bonds. " Tax Increment Financing District means any tax ..increment financing district presently established or to be established in the future in Development District No. 1. "Tax Increment Financi Act means the statutory provisions of Minnesota Statutes, Sections 469.174 through - 469.179, inclusive, as amended. " Tax Increment Financing Plan means the respective Tax Increment Financing Plan for each Tax Increment Financing District located within the Development District. 1.2, Statement of Public Purpose The Council (the "Council ") in and for the City of Maplewood, Minnesota (the "City ") has determined that there is a need for housing, development and redevelopment within the corporate limits of the City to provide employment opportunities, t o enhance development opportunities for the private sector, to improve the tax base and to improve the general economy of the City, the County of Ramsey and the State of Minnesota. It is found that there are certain P arcels of property within the Development District which are potentially more useful, productive and valuable than is being realized under existing conditions, is less productive because of the lack of proper utilization, and, therefore, are not contributing i to the tax base of the City to their full potential. In addition, t is hereby found that there is a need for public improvements to encourage development. Therefore, the City has determined to exercise its authority to develop a program for improving the Development District of the City to provide impetus for private development, to maintain and increase employment, to utilize existing potential and to provide other facilities as are outlined in the Development Program adopted by the City. The Council has also determined that the proposed developments would not occur solely through private investment in the forseeable future; that the tax increment financing plans proposed herein are consistent with the Development Program; and that the tax increment financing plans will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the development or 5 ;s redevelopment of the Development District by private enterprise. The Council finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce to carry out its stated public purpose objectives 1.3. Statutory THE DEVELOPMENT DISTRICT ACT. The Development District Act, authorizes the City, upon - P certain public purpose findings by the Council, to establ ish and designate development districts within the City and to establish, P develo and administer development programs in regard thereto, all for the purpose of creating funding for the financing of necessary activities and improvements within the City. In accordance with the purposes set forth in Section 469.124 of the Development District Act, the Council hereby establishes Development District No. 1, as described in Exhibit A, for the purposes of enhancing the environment in which existing businesses are located, thus helping to secure their continued existence and potential additional development within the City, and promoting new and on -going development in Development District No. 1, both of which will provide employment opportunities,, improve the tax base of the City and contribute positively to the economy of the State. THE TAX INCREMENT FINANCING ACT, The Tax Increment Financing Act, provides the procedure for the establishment of tax increment districts for the use of tax increment financing authorized by the Development District Act for the funding of qualified public activities and improvements. Within the Development District, the City plans to establish three housing districts as the types of tax increment financing district described in Section 469.174, Subd. 11 for Housing District No. 1 -1, Housing District No. 1 -2 and Housing District No. 1 -3 and plans to establish two economic development districts as the types of tax increment financing district described in Section 469.174, Subd. 12 for Economic Development District No. 1 -1 and Economic Development District No. 1 -2. 1.4 Statement of Need The Development District is established by the City of Maplewood for the purpose of promoting the redevelopment of existing commercial areas and 6 3G the. development of new business opportunities within the community. The City has found that the area.within the Development District has not realized its greatest development potential due to a variety of factors. Included in the development barriers identified by the City are: inadequate public improvements, improper land use and utilization, and lack of investment. The City has found that the creation of the Development District and the utilization of tax increment financing is needed to remove these barriers and to promote development of the community. - 1.5 Statement of Objectives The Council determines w wwwww.r. that it is necessary, desireable and in the public interest to establish the Development District in the City, pursuant to the authority of the Development District Act. The Council finds that the creation of the Development District is necessary to give the City the ability to meet certain public .purpose objectives that would not be otherwise obtainable in the foreseeable future without intervention by the City in the _ normal development process. The City intends to satisfy the following objectives through the implementation of the Development Program: (a) To provide safe, decent, sanitary housing for all residents of the city and in particular low and moderate income residents. (b) To provide an adequate housing supply for all residents at a cost they can afford. (c) To provide housing choices for low and moderate income residents who find housing opportunities are not available to them because of economic conditions. (d) To provide project activities which will assist in making possible the construction of a planned apartment for low and moderate income residents, as well, as improving health, welfare and convenience of citizens residing in the Development District. (e) Provide for the financing and construction of public improvements in the Development District, necessary for the Vi ( 0-7 orderly and beneficial development of the Development District and adjacent areas of the City. (f) Promote and secure the prompt development of certain property in the Development District, which property is not now in productive use or in its highest and best use, in a manner consistent with the _ City's Comprehensive Plan and with a minimum adverse impact on the environment, and thereby promote and secure the development of other land in the City. (g) Promote and secure additional employment opportunities within the Development District and the City for residents of the City and the surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. (h) Secure the increase of property subject to taxation by the City, Independent School Districts Nos. 622 and 624, Ramsey County, and other taxing jurisdictions in order to better enable such entities to pay for,,governmental services and programs required to be provided by them. (i.) Promote the concentration of new desirable residential, commercial, office, restaurant, and other appropriate development in the Development District so as to maintain the area in a manner compatible with its accessibility and prominence in the City. (j) Encourage local business expansion, improvement and development, whenever possible. (k) Create a desirable and unique character within the Development District through quality land use alternatives and design quality in new and remodeled buildings. . 8 C (1} Encourage and provide maximum oppor for private redevelopment of .existing areas and structures which are compatible with the Development Program. 1.6 Boundaries of Development District The area within the Development District is set forth in Exhibit _ 1.7 Development Activities Development activities within the Development District must be financially feasible, marketable and be compatible with long -range development st rategies of the City. The following recommendat ions represent the options that satisfy community development objectives for the Development District while taking advantage of opportunities which are currently available. The City will perform all. project activities pursuant to the statute and in doing so, anticipates that the following may, but are not required to be undertaken: _ (a) The making of studies, planning, and informal activities relating to the Development Program. .(b) The implementation and adminis- tration of the Development Program. (c) The construction or reconstruction of streets, sidewalks, utilities, and other public improvements including but not limited to: (i) the construction of street, water and sewer improvements on Southlawn Drive from Beam Avenue to County Road D; (ii) the construction of street, water and sewer improvements on McKnight Road from Highway 36 to Conway Avenue; (iii) the construction of a water tower on Stillwater Road east of Sterling; (iv) the construction of water main on Hudson place; 9 3 � (v) the installation of traffic lights at Hazelwood Avenue and Southlawn Avenue on Beam Avenue. (vi) acquisition of land and improvement of Hazelwood Park located at County Road C east of Hazelwood Avenue; (vii) improvement of Playcrest Park located at Lydia Avenue and McKnight Road; (viii) acquisition and expansion of Harvest Park located at Hazelwood Avenue south of County Road C and North of Highway 36; (ix) the construction of water, street, sanitary sewer and storm sewer improvements within an area North of Beam Avenue, South of the Northern City limit, East of Highway 61 and West of White Bear Avenue; (x) acquisition of the abandoned Burlington Northern railroad right of way running from Larpenteur Street to Highway 694 (xi) acquisition of the land that the Cottages of Maplewood will be developed on and the payment of certain site improvements for the Cottages of Maplewood project. (d) The acquisition of property consistent with the objectives of the Development Program. (e) The preparation of property for use including demolition of structures, clearance.of sites, placement of fill, and installation of utilities. (f) The resale of property to developers. 10 �c (g) The provision of relocation assistance to businesses and homeowners as may be required . by this Development Program. (h) The issuance of Tax Increment Bonds to finance public costs of the Development Program or to evidence the City's_obligation to reimburse developers for all or part of the public costs of the - Development Program incurred or to be - incurred by it pursuant to a Development Agreement. (i) The use of tax increments derived from a Tax Increment Financing District within the Development District to pay debt low service on Tax Increment Bonds or otherwise pay the public cost of the Development Program. 1.8 Payment of Public Cost It is anticipated that the public cost of the Development Program will be paid primarily from the tax increments to be derived from the Development District, either directly or indirectly by payment of project eli 9 expenses, ible ex b reimbursement of Developers for items of Y public cost paid directly by developers, or by some combination of these methods. The City reserves the right to utilize special assessments, general property taxes, utility revenues, and other sources of revenue which the Clay may apply to pay the public cost. 1.9. Environmental Controls The proposed Tax Increment Financing Districts within the Development District do not present significant environmental concerns. All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental standards. 1.14 Park and Open Space to be Created Park and open space within the Development District No. 1 will be created in P accordance with the zoning and platting ordinances of the City. The City may undertake the following park improvements: (a) the acquisition of land and improvement of Hazelwood Park located at County Road C east of Hazelwood Avenue; 11 Lql) t ... .e. . - T. - (b) the. improvement of Playcrest Park located at Lydia Avenue and McKnight Road. (c). the acquisition and expansion of Harvest Park located at Hazelwood Avenue south of County Road C and North of Highway 360 _ Pro osed Reuse of Pro ert The Development 1.11 p _ Program does not contemplate the acquisition of private until such time as a private developer presents an economically feasible program for property the reuse of that property* , pro osals in order to be considered, must be within the proposals, framework of the above cited goals and objectives, and must demonstrate feasibility as a public program. Prior to clearly Y formal - consideration of the acquisition of any property, the Cit Y Council will require a binding contract, performance bond and /or other evidence or guarantees that a supporting tax increment or other funds will be available to repay the public cost associated with the proposed acquisition. It shall be the i City of the Cit to negotiate the acquisition of property whenever necessary. Appropriate restrictions P P erY re arding the reuse and redevelopment of property shall be incorporated into any land sale contract to which the City is a part. 1.12. Administration and Maintenance of Develo ment District. Maintenance and operation of the public improvements will be the responsibility of the City Manager who shall serve as administrator of the Development District. The administrator will administer the Development District pursuant to the provisions of Section 469.131 of the Development District Act; provided, however, that such powers may only e exercised at the direction of the Council. No action taken by the administrator pursuant to the above - mentioned P owers shall be effective without authorization by the Council. 1.13. Rehabilitation Owners of properties within the D o e ve fnent District will be encouraged to rehabilitate their 1 p properties erties to conform with the applicable state and local codes and ordinances, as as any design standards. Owners of ro erties who purchase property within the Development District from the City may be required p p to rehabilitate their properties as condition of sale of land. The City will • assistance be available provide such rehabilitation assist as may from federal, state or local sources. 12 1.14. Relocation No person will be displaced and have to be relocated as a result of the Development Program, The. City accepts its responsibility for providing for relocation _pursuant to Section 469.133 of the Development District Act. 1.15. Amendments The City reserves the right to alter and amend the Development Program and the tax increment financing plans, subject to the provisions of state law - regulating such action. The City specifically reserves the right to change the s ize of the Development District and the _ Tax Increment Financing Distr the public cost of the Development Program and the amount of Tax Increment Bonds to be issued to f inance such. cost by following. the procedures specified in Minnesota Statutes, Section 469.175, Subd. 4. 13 �3, SECTION II TAX INCREMENT FINANCING PLAN FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1 HOUSING DISTRICT NO. 1 -1 HOUSING DISTRICT NO. 1 -2 _ [Adopted October 28, 19851 [Modified June 23, 19861 2.1 Statement of Objectives See Section I, Subsection 1.5, Development Program for Development District No. 1. 2.2 Development Program - - = See Section I, Subsection 1.3, Development Program for Development District No. 1. 2.3 Parcels to be Included in Tax Increment Financing District. ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1 Economic Development District No. 1 -1 is made up of certain parcels located within Development District No, 1, The specific parcels contained in the Tax Increment District P are described in Exhibit B. HOUSING DISTRICT NO. 1 -1 Housing District No. 1 -1. is made up of certain parcels located within Development District No, 1. The specific parcels contained in.Housing District No* 1-1 are described in Exhibit C. HOUSING DISTRICT NO. 1 -2 Housing District No. 1 -2 is made up of certain parcels located within Development District No. 1. The specific parcels contained in Housing District No. 1 -2 are described in Exhibit D. 2.4 Parcels to be Acquired At this time the City does not intend to acquire and reconvey any parcels to specific developers of property within 14 YY 1 the City. The City intends to acquire rights of way in connection with the construction of certain public. improvements within the Development District. The City intends to acquire two parcels of land if it undertakes the expansion of Hazelwood Park. These parcels are described as , follows* The Fee. Owners of the north parcel are Bruce M. Mogren, Eugene F. Arndt, et al. Legal description: That part of the West 408.8 feet of the El of the SE -1/4 of Section 3, Township 29, Range 22, Ramsey Co., Minn. lying North of the South 1,243-00 feet of said El of the SE -1/4 and South of the North 912.00 feet of said El of SE -1/4, according to the U.S. Govt. Survey thereof. Size: 4.11 acres. Fee Owners of the south-property are Lawrence S. Dotte and Donald A. Krinz, Trustees of the profit sharing trust of the.Donlar Corp. and Contract Purchaser Eugene F. Arndt. Legal description: The North 400 feet of the South 1,243 feet of the West 408 feet of the SE -1/4, of the SE -1/4, Section 3, Township 29, Range 22 a and The Nor 200 feet of the South 1,043 feet of the East 510 feet of the West 558 feet of the SW -1/4 of the SE -1/4, of Section 2, Township 29, Range 22, except the North 30 feet of the East 100 feet of the West 408 feet thereof, all in Ramsey Co., Minn. Size: 4.06 acres. 2.5 Development Activity in Development District No. 1 for which Contracts Have Been Signed (a) Zantigo Restaurant on County Road is being developed by Zantigo Mexican Restaurants, Inca on County Road D, West of White Bear Avenue. The contractor is William Kranz Construction and the cost of the project is $260,Q00. 15 q�' .(b) Maple Ridge Square Shopping Center is being developed by Curt Johnson and Joe Weis - Weis Builders, Inc. at the intersection of Gervais Avenue and White Bear Avenue. The contractor is Weis Builders and the cost of the project is $2,318,383. (c) Maple Ridge Apartments is being developed by .Podawiltz Development Company on County.Road D, west of White Bear Avenue. The contractor is Avon Lumber Company,, Inc. and the cost of the project is $2,800,000. (d) Maple Ridge Estate Apartments is being developed by Maple Ridge Development Corporation at the intersection of Stillwater Road and Stillwater Avenue. The contractor is Steve Haight Construction and the cost of the project is $3,999 000. 2.6 Other Specific Development Exp ected to Occur Within Development District No. 1 (a) the construction of Century Ridge Apartments on Century Avenue south of Battle Creek; (b) the construction of Hazel Ridge Apartments at the intersection of Hazelwood Avenue and County Road C; (c) the construction of Beaver Creek Apartments at the intersection of Ferndale and Ivy Street; (d) an expansion of Maplewood Mall (e) the rehabilitation and renovation of Keller Lake Shopping Center. It is anticipated that the above projects will be started within one year. 2.7 Estimated Cost of Project Costs and Supportive Data The estimated costs of certain of the public improvements and park improvements set forth in the Development Program to be made within Development District No. 1 and financed by tax increments to be derived from Economic Development District No. 1 -1 Housing District No. 1 -1 and Housing District No. 1 -2 within Development District No. 1 are $2,188,870. 16 PUBLIC IMPROVEMENTS & PARK IMPROVEMENTS (Section 1.7(c)(i) through (viii)) $2,188,870.00 LEGAL FEES, PLANNING FEES, COSTS OF ISSUANCE & CONTINGENCY $ 33,644.35 BOND DISCOUNT $ 47,310.00 INTEREST ON BONDS PRIOR TO RECEIPT OF TAX INCREMENT TO FULLY FUND PRINCIPAL AND INTEREST $ 236,511.79 LESS INTEREST AND INCOME DURING CAPITALIZED INTEREST PERIOD EARNED AT 6°s ($ 16,336914) low TOTAL AMOUNTS OF BONDS TO BE SOLD $2,490,000.00 _ SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS OR DEVELOPMENT DISTRICT UNDER DEVELOPMENT PROGRAM ITEM BASIS FOR.ESTIMATE PUBLIC IMPROVEMENTS Estimates by City Staff PROFESSIONAL SERVICES Estimates of Project Costs for legal assistance, bond issuance costs, planning provided by Miller & Schroeder Financial, Inc. INTEREST ON BONDS PRIOR The,amount of capitalized interest TO RECEIPT OF TAX INCRE- will be equal to an amount suf- MENT TO FULLY FUND ficient to pay interest on the PRINCIPAL AND INTEREST Tax Increment Bonds from the date of issue until the date of collection of sufficient tax increments to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 475. Predicting capitalized interest prior to issuance is extremely difficult as it is a function of interest rates, construction schedules and tax timing; therefore, the above figure is only an estimate of capitalized interest and is subject to change. 17 Cat 7D HOUSING DISTRICT NO. 1 -2 The original assessed value of all taxable property in the Housing District No. l -2 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1985 with respect to the Assessed. value of such property as of January 2, 1985,.for taxes payable in 1986 is estimated to be $37,440. 2.11 Estimated Captured Assessed Value Each year the County Auditor will measure the amount. of increase or decrease in the total assessed value of Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 to calculate the tax increment payable to the City of Maplewood. In year in which there is an increase in total assessed valuation in Economic Development District No. 1 - 1, Housing District No. 1 -1 and Housing District No. 1 -2 above the original assessed value, a tax increment will be payable. In any year in which the total assessed valuation in Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 declines below the original assessed valuation, no assessed valuation will be captured and no tax increment will be .payable. The County Auditor shall certify in each year after the date the original assessed value was certified, the amount the original assessed value has increased or decreased as a result of 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court- ordered abatements. ECONOMIC DEVELOPMENT DISTRICT NO. 1 - 1 Upon completion of the development expected to occur within Economic Development District No. 1 -1 the City estimates the assessed value of the Property within Economic Development District No. 1-1 to be $1,822,566. 19 ��l The captured assessed value upon completion is expected to annually approximate $1,233,838.73. This amount will be captured for up to 8 years or until the Tax Increment Bonds are.retired. The city requests 72.8339% of the available increase in assessed value from Economic Development District No. 1 -1 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan (the balance of the increase being used to pay the fiscal disparities contribution of Economic Development District No. 1 -1.). HOUSING DISTRICT N0. 1 -1 Upon completion of the development expected to occur within Housing District No.. 1 -1 the City estimates the assessed value of the property within Housing District No. 1 -1 to be $794,750. The captured assessed value upon completion is expected to annually approximate $791,590. This amount will be captured for up to 25 years or until the Tax Increment Bonds are retired. The City requests 100% of the available increase in assessed value from Housing District No. 1 -1 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan. HOUSING DISTRICT NO. 1 -2 Upon completion of the development expected. to occur within Housing District No.'1 -2 the City estimates the assessed value of the property within.Housing District No. 1 -2 to be $1,300,500. The captured assessed value upon completion is expected to annually approximate $1,263,060. This amount will be captured for up to 25 years or until the Tax Increment Bonds are retired. The.City requests 100% of the available increase in assessed value from Housing District No. 1 -2 for - repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan. 2.12 Type of Tax Increment Financing District ECONOMIC DEVELOPMENT DISTRICT N0. 1 -1 Pursuant to Section 469.174, Subd. 12 of the Act, the City finds that Economic Development District No. 1 -1 qualifies as an "economic development district ":_ 20 So 1. Economic Development District No. 1 -1 does not meet the requirements to qualify as either a housing or a redevelopment district. 2. The creation of Economic Development District ' No. 1 -1 is in the public interest because it will preserve and enhance the tax base of the City and it will result in increased employment within the City. HOUSING DISTRICT NO. 1 -1: and HOUSING DISTRICT NO. 1 -2: Pursuant to Section 469.174, Subd. ll of the Act, the City finds that Housing District No. 1 -1 and Housing District No. 1 -2 each qualify as a "housing district" because a portion of each project is intended for occupancy, in part, by persons of low and moderate income as defined in Minnesota _ Statutes,.Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts. 2.13 Duration of Tax Increment Financing Districts ECONOMIC DEVELOPMENT DISTRICT NO. 1 -10 The Act allows "economic development districts" to remain in existence for period of 8 years from the receipt of the first tax increment or 10 years from the approval of the tax increment financing plan, whichever is less. Based on these limitations it is anticipated that Economic Development District No. 1 -1 will remain in effect until eight years from the receipt of the first tax increment. HOUSING DISTRICT NO. 1 -1: and HOUSING DISTRICT NO. 1 -2: The Act allows "housing districts" to remain in existence for a period of 25 years from the receipt of the first tax increment. Based on this limitation it is anticipated that Housing District No. 1 -1 and Housing District No. 1 -2 will remain in effect until June, 2012. 21 SI 2.14 Estimated ,Impact of Tax Increment Financing ECONOMIC DEVELOPMENT DISTRICT NO 1 -1 The estimated impact of Economic Development District No. .1 -1 on the other taxing jurisdictionswithin - Economic Development District No. 1 -1 is set forth on Table L. HOUSING DISTRICT NO. 1 4WD 1 ' The estimated impact of Housing District No. 171 on the other taxing jurisdictions within Housing District No. 1 -1 is set forth on Table II. HOUSING DISTRICT NO. 1 -2 The estimated impact of Housing District No. 1 -2 on the other taxing jurisdictions within Housing District No. 1 -2 is set forth on Table III. 2.15 Cash Flow Analysis See Table IV. 22 FIT= . ,Tl!1.• r-eJ err -^1^- -_ .. ., .v.. .. .ro't t". ..... ?M .. •fPP3 .ve+nf!, w+.w.�e:!K•iew .. .'R ^..•.n•..[n41avL+S!^IS:s!t ^ i4!Ge;.'T.^'1: }bm i ^tC�l .. .. __- •N`,- ��*°:`;:'!^^'I'^. - "'."'_" ".i'�. _- _ _... `^f .... . 1. _ ._.. . . . _ - ... __ . . - ... ... _ _..... -..__. . .. _. .. ""'nRL` m}1:tM4•MVn+zMilMk+, - �-------- �-- -,...I�t- ----- .......IC�}«Z��1� '°�.'��� *�'�"I"�.:.��T_^3^rT"_., -�17 �f ....Ai'_•N.._l�"_re >.3��. _..._. __. ...._.._- ._.^.........�_. .__ .,. ...__..,,.,._� ECONIMIC DEVELOPMENT DISTRI NO. : -1 DEVELOPMENT DISTRICT IMPACT ON 'TAX BASE: . to r M H h W DEVELOPMENT DISTRICT IMPACT ON MILL RATES: POTENTIAL JUR ISDICTION CURRENT MILL RATE TAXES GENERATED _ +. C OUNTY OF RAMSEY 31.867. 50 CITY 0 p F Maplewood 17.747 32 OTHER t 1 6.310 119500 � SCHOOL DISTRICT # 622 59.453 108 1. Other taxing jurisdictions include: O RIGINAL D DISTRICT AS F FUTURE D DISTRICT AS ASSLSSED P PERCENT OF A ASSESSED P PERCENT OF JURISDICTION TAX BASE V VALUE J JURISDICTION V VALUE J JURISDICTION COUNTY OF RAMSEY 3 3, 200, 409 8 041 2 278 .0087% �y � 1 1 905692 • 4 4 50 2 278 560 . .1059% 1 1 . .6926% SCHOOL DISTRICT 1622 3 376 434 , 995 2 278, 560 .0740% 1 1, 822, 566 > >4842% to r M H h W DEVELOPMENT DISTRICT IMPACT ON MILL RATES: POTENTIAL JUR ISDICTION CURRENT MILL RATE TAXES GENERATED _ +. C OUNTY OF RAMSEY 31.867. 50 CITY 0 p F Maplewood 17.747 32 OTHER t 1 6.310 119500 � SCHOOL DISTRICT # 622 59.453 108 1. Other taxing jurisdictions include: «. .- .-.... �- ....- ...... -.... A:a. .. ...- r -�?+ -. - ..o.�- ..- ..w- -.. . .. ............_,... -n ..e.,._� -n... ........n- .: n... .. .� ..�.........�._..,._... .. -. «.. .._..... ..._..:_, r,:. .... ... .. r.....:.. . ...... Y ym+ro+ .._ .. —. _ .. ._.._.._t.- -..._. ...-'-- - - -- -- - -- -- ---' -` --- _.•-` - - - -� :._.__:'�._.�.7_:.. _..1 h_ ?i? 3.___'" L. � �1,__. 9t__ �_.. �__. �... u._ �:_ .:�","H�*?.^��.— .__..__�__._._ .: ,....� ._..,.y..:�.. ; _ . "TM'.'t!";S"' ^*. war+_ r���:» u,., w�..�a.�- �:w.�*, ��.= .^L�.�.._ .. - a.. • HOUSING DISTRICT NO. 1--1 DEVELOPMENT DISTR IMPACT ON TAX BASE DEVELOPMENT DISTRICT IMPACT ON MILL RATES: - POTENTI J URISDICTION CURRENT MILL RATE TAXES GENERATED COUNTY OF RAMSEY 31.867 25 CITY OF Maplewood 17.747 14,104 OTHER (1) - 6.310 5 SCHOOL DISTRICT STRICT # 624 59.453 47 to r rh 1. Other taxing jurisdictions include: ORIGINAL DISTRICT AS FUTURE DISTRICT AS ASSESSED PERCENT.OF ASSESSED PERCENT OF JURISDICTION TAX RASE VALUE JURISDICTION VALUE JURISDICTION COUNTY OF RAMSEY 3 3 00001% 794 *0247% CITY OF MA PLC D 263 146,550 3 .0012% 794 .3020% SCHOOL DISTRICT # 624 4 7 227, 7 6,1 1 3 160 .0014x 794 .3490x DEVELOPMENT DISTRICT IMPACT ON MILL RATES: - POTENTI J URISDICTION CURRENT MILL RATE TAXES GENERATED COUNTY OF RAMSEY 31.867 25 CITY OF Maplewood 17.747 14,104 OTHER (1) - 6.310 5 SCHOOL DISTRICT STRICT # 624 59.453 47 to r rh 1. Other taxing jurisdictions include: HOUSING DISTRICT NO. 1 -2 DEVELOPMENT DI STRICT IMPACT ON TAX BASE t vN ow. .'s wfta oft Ar w...iftTn1n vun aeom nN UT T_T. RATF.C% POTENTIAL JURISDICTION CURRENT MILL RATE TAXES . GENERATED COUNTY OF RAMSEY 31.8.67 41.,443 CITY OF Maplewood 17.747 239080 OTHER (1) 6.310 89206 _622 59. SCHOOL DISTRICT 453 779319 0 1. Other taxing jurisdictions include: ;10 to P H ORIGINAL DISTRICT AS FUTURE DISTRICT AS ASSL•SSED PERCENT OF ASSESSED PERCENT OF JURISDICTION TAX BASE VALUE.- JURISDICTION VALUE JURISDICTION COUNTY OF RAMSEY 3220, 409 041 37,440 .0012% .0404% CITY OF Maplewood 263,146, 55 0 37 440 .0142% 1,300 94942% SCHOOL DISTRICT 1 b22 376, 434 , 995 4 37.4 0 00099% 1 .3455% t vN ow. .'s wfta oft Ar w...iftTn1n vun aeom nN UT T_T. RATF.C% POTENTIAL JURISDICTION CURRENT MILL RATE TAXES . GENERATED COUNTY OF RAMSEY 31.8.67 41.,443 CITY OF Maplewood 17.747 239080 OTHER (1) 6.310 89206 _622 59. SCHOOL DISTRICT 453 779319 0 1. Other taxing jurisdictions include: ;10 to P H MV Op dw Ow ;reparea sy K i :er S Schr•oecer Financ 6/13/85 :.... s .: i , Ow f !fG f. . .. 4.. - _ 10i, 1 no 1- - Economic c 1 1 Total Revenue Caal t i ted Interest Pr inc ipal COtl Interest Total Dent Sery i c C usu l at i ve 8a: an" Coverage Factor ceae Nevenue R e ve nue eve mo using n 9 • J �. N • 162, 885.10 l 62, 8e5. � 162, 885._ N 0. It1 .: • 5.•3.3 3 s4 724. "23q533.53 89, 258.21 - 361.964.18 73 626. 79 185, 118 N 5.120% 162, 865.01 158 266.10 � 162, 885. ti 343, 260.10 t• ai 17, 714.78 1 O �b� . 9 : , � T4.56 + ' • 9., •l .56 i • �. 95E. 69 . 5 9 x. �9 . 1 3:5 198, 806.86 5.25j% 1489641956 338, 64 7.50 37, 513,53 1 66x ..?� • - • 14519%, E ; 6, 35.15 c • - 355, 737.10 280, 0 ea. e1 2 a e�a,�.1a i 5.581% 6. M 138,160.16 126 3W. J a 338,161. 336, 361.1+1 55,091.53 71, 519- 87 105% 1 �s% 56 • • 9�f.. 69 � 5, • . .:.►. .358.89 112, i 62.1c 352,189.34 349.554.1) 221, 8�D8.80 6.288% 113, 246988 333, 241. N 87, 8)3.91 195% • :♦ • • _ • �5 '35E. 69 i 18.699.15 3.6.13x. 4a . 2036.800.00 .6, 414% 94 Nu.. as 329, SGO. N 323, N 16•, 9 123,661.:2 165% 11,66% . ? �. 9., • ta. 56 1 �... 9_.. 69 194 944,503 4� 75.18 3 ,., 3 246, 8Q8. 69 155 a66• as 6.780% 70 6M 83, 666.10 71, 661. 225 N 135, 896.37 :15% • . : . 9 - + 9. 474 :•5 q%. 69 • •� 9.,r �' E9 237, 43 1.25 :31 g 431.28 165, Of*, es 7.2 86% 58, 830.19 223, 836. t6 149, 497.62 166% .. • .56 14 .. . ; = y`�b. E9 1 9 ,?3), ; 31. 25 1 66, 840.10 79400% 46, 230.11 226, 231,01 166, 698.87 165% . �. 4 9 . 1 4 1 . _�6 i� , b9 1 5.5.,6 231, 4 31.25 ,2 195 Q�Q�B. as 7. bQ8% 7.768% 32, 160.80 1E,665099 227,161.18 561 226,66. 171, 971.12 l 81 736, 37 , :15% 165% 210 .10 . 9 :,��•.�6 � 9 • 1• , , r6 JA`,95b.E3 1 45 ,956,69 c37,43i.25 237, t31. c5 211,666.18 1 i 1, 018.10 7.86 8x 4 114 N 3N, 8)).62 218% 40 ONO Mww� M-0 11... . ^ 7 . ;J 1 ,8� ,ti36 d58 � 753. 'S 3,979,o33 893 236, 511979 2, 491, 811.00 1 5c7.5�1 3 911, 527.56 364 877.62 sr_s:ssssssss sssssssss::ss ssssss =:ss:s= szsssssr_s:ss sssssssss =sss ssssssassssss ssssssrs sssssssssssss ssssssssssarrs ssssssssssss ssssssssssss i.:•.. Gf the coverage `actor wooef riot lnc.Jde , m ortit earned on t oa: arid. ;reparea sy K i :er S Schr•oecer Financ 6/13/85 2.16 Use_ of Tax Increment The City hereby determines that it will use . 100% of .the captured assessed value of taxable property[ located in Economic Development District No. 1 -1, Housing District No. 1-1 and Housing District No. 1 -2 and 100% of the tax increments to be derived from the Economic Development District No. 1 -1. The tax increments derived from Economic .Development District No. 1--1, Housing District No. 1 -1 and Housing District No. 1 -2 shall be used for the following activities: 1. To pay.principal and interest on the Tax Increment Bonds. 2. To finance or otherwise pay the capital and administrative costs of Development District No. 1. 3. To finance or otherwise pay premiums for - insurance or other security guaranteeing the payment when due of principal and interest on bonds issued pursuant to Minnesota Statutes, Chapters 4.62C, 469, or both. 4. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the bonds issued pursuant to Minnesota Statutes, Chapters 462C, 469, or both. 5. To finance project costs described in this Tax Increment Financing Plan. 6. To finance other purposes as may be allowed by the Act. These revenues shall not be used to circumvent levy limitations applicable to the City nor for other purposes prohibited by Section 469.176, Subd. 4 of the Act. 2.17 Prior Planned Improvements The City shall, after due and diligent search, accompany its request for certification_ to the County Auditor or its notice of district enlargement with a listing of all properties wthin Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the City. The County Auditor 23 '7 shall increase the original assessed value of Economic Development District No. 1 -1, Housing District No. 1 -1 or Housing District No. 1 -2, as the case may be, by the assessed value of the improvements for which the building permit issued, excluding the assessed value of improvements for which a building permit was issued during the three (3) month period immediately preceding said approval of the Tax Increment Financing Plan as certified by the assessor. 2.18 Limitation on_Qualification of Tax Increment Development on a parcel located within the Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 by the.City or by the owner of the Parcel in accordance with this Tax Increment Financing Plan shall occur within four, ( 4 ) years of the date of certification of the original assessed value. 'For the purposes of this' section the term "development shall mean including demolition, rehabilitation, or renovation of property, or _ other site preparation, including improvement of a street adjacent to the parcel. Development shall not include the installation of utility service including sewer and water systems. If development has not commenced within this period no additional increment shall be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of Economic Development District No. 1 -1, Housing District No. 1 -1, or Housing District No. 1 -2, as the case may be. If the City or the owner of the parcel subsequently commences development, the City shall certify the assessed value thereof as most recently certified by the Commissioner of Revenue and add it to the original assessed value of the affected Tax Increment Financing District. 2.19 Modifications of Tax Increment Financing Districts In accordance with Minnesota Statutes, Section 469.175, Subd. 4, any reduction or enlargement of the geographic area of Development District No. 1 or Tax Increment Financing Districts within Development District No. 1, increase in amount of bonded indebtedness to be incurred, including a determination or capitalize interest on debt if that determination was not a part of the original tax increment financing plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured assessed value to be retained by the City, increase in total estimated tax increment expenditures.or designation of additional property to be 24 acquired by the. authority shall be approved upon the notice and after the discussion, public hearing and findings required .for approval of the original plan. The geographic area of a Tax Increment Financing District may be reduced, but shall not be enlarged after- five years following the date of . certification of the original assessed value by the county auditor. Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 districts may therefore be expanded until 1990. 2.20 Limitation on Administrative Expenses In accordance with Minnesota Statutes, Section 469.174, Subd. 14 and Minnesota Statutes, Section 469.176, Subd. .3, administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or - amounts paid to contractors or others providing materials and services* including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section 469.178. Administrative expenses includes amounts paid services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative expenses for a project which exceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. 2.21 Limitation on Duration of Tax Increment Financing Districts Pursuant to Minnesota Statutes, Section 469.176, Subd. 1, "no tax increment shall be paid to an authority three years from the date of certification by the County Auditor unless within the three -year period (1) bonds have been issued pursuant to Section 469.178 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to :Sections 469.152 through 469.165, prior to the effective date of the Act; or (2) the authority has acquired property within the district; or (3) the authority has constructed or caused to be constructed public improvemewnts within the district..." The City must therefore issue bonds, or acquire property, or construct or cause public improvements to be constructed by 1988 or the County Auditor may dissolve the applicable Tax Increment Financing District. 25 (: s 2.22 Limitation on Qualification of Prop erty in Tax Increment Fi.nancin Distr Not Subject to Iml2rovement Pursuant to Minnesota Statutes, Section 469.176 Subd. 6, "if, after four years from the date of certif ication of the original assessed value of the tax increment financing district... no demolition, rehabilitation or renovation of parcel or other site preparation including imp rovement of a s treet adjacent P -• • � ent to a property but not installation of utility including ncluding sewer or water systems, has been commenced on a parcel. located within a tax increment financin g district by the authority or by the owner of the parcel in accordance with the tax increment financing lan , no additional tax P increment may be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of the tax increment financin district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or - renovation or other site preparation on that arcel including g improvement of a street adjacent to that parcel, in accordance � p with the tax increment financing plan, the authority shall certify to the county auditor in the annual disclosure repor p t that the activity has commenced. The .county auditor shall certify the assessed value thereof as most recently certified ied by the commissioner of revenue and add it to the original assessed value of the tax increment financing district*. 2.23 Excess Tax Increments. Pursuant to Minnesota Statutes, Section 469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subdivision 3, the City shall use the excess amount to. 1. prepay the outstanding bonds; 2. discharge the pledge of tax increment therefore; 3. pay into an escrow account dedicated to the payment of such bond; 4. repay any loans including interest on these loans; or 26 GG 5. return the excess to the County Auditor for redistribution to the respective tax* jurisdictions ' P g in proportion to their mill rate. In addition, the City may choose to modify he financing _ y ing plan as described in Part 11 in order to rovide further public P p lic improvements within the development district. 2.24 Administration of Tax Increment Financin - Districts Administration of Economic Development District No. 1- 1 District No. 1 -2 and Housing istrict No. - g 1 2 will be handled by the Office of the City Manager. The tax increment received as a result of increases in the assessed value of Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1-2 will be maintained in a special account separate from om all other municipal accounts and expended only upon sanctioned municipal activities identified in the Tax Increment Finance Plan. 2.25 Annual Disclosure Requirements Pursuant to Minnesota Statutes, Section 469.175, Subd. 5, the City must file with the State Auditor on or before July 1, an annual financial report for all Tax , P Increment Financing Districts. The report shall also be filed with the school board and count y P board, The report shall as nearly as possible: 1. Provide for full disclosure of the sources and uses of public funds in each Tax Increment Financing District; 2. Permit comparison and reconciliation with the City's accounts and financial reports; 3. Permit auditing of the funds expended on behalf of each Tax Increment Financing District, including a single Tax Increment Financing District that is multidistrict art of a project P p sect or that is funded in part or whole through the use of a development account funded with tax increments from other Tax Increment Financing Districts or with other public money; and 27 Oar 4. Be consistent with generally accepted accounting principles. In addition, the report shall contain the, following information: 1. The original assessed value of the Tax Increment Financing District; 2. The captured assessed value of the Tax Increment Financing District, including the amount of any captured tured assessed value shared with other tax districts; 3. The outstanding principal amount of bonds issued or other loans incurred to finance project-costs in the Tax Increment Financing District; " 4. For the reporting period and for the duration p g p ration of the Tax Increment Financing District, the amount budgeted - under the Tax Increment Financing Plan, and the actual amount expended for, at least, the following categories: A. Acquisition of land and buildings through condemnation or purchase; B. Site improvements or preparation costs; Co Installation of public utilities or other public improvements; and D. Administrative costs, including the allocated cost of the City; 5. For properties sold to developers, the total cost of the property to the City and the price paid by the developer; 6. The amount of tax exempt obligations, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in the Tax Increment Financing District. 28 SECTION III TAX INCREMENT FINANCING PLAN FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 [Adopted September 28, 19871 - - 3..1 Statement of Objectives _ See Section I, Subsection 1.5, Development Program ofor Development District No 1. 3.2 Development Program See Section I, Subsection 1.3 Development Program for Development District No. 1. . A 3.3 Parcels to be Included in Tax Increment Financing District ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 Economic Development District No.. 1 -2 is made up of certain parcels located within Development District No. 1. .The specific parcels contained in the Tax Increment District P are described in Exhibit E. 3.4 Parcels to be Acquir In connection with Economic Development District No. 1 -2 the City does not .intend to acquire and reconvey any parcels to specific developers of property within the City. The City intends to acquire rights of way in connection with the construction of certain public improvements within.the Development District. 3.5 Development Activity in Development District No 1 for which Contracts Have Been Signed (a) Zantigo Restaurant on County Road is being developed by Zantigo Mexican Restaurants, Inc. on County Road D, West of White Bear Avenue. The contractor is William Kranz Construction and the cost of the project is $260,000. (b) Maple Ridge Square Shopping Center is being developed by Curt Johnson and Joe Weis - Weis Builders, 29 G3 Inc. at the intersection of Gervais Avenue and White Bear Avenue. The contractor. is Weis Builders and the cost of the project is $2,318,383. (c) Maple Ridge Apartments is being developed by Podawiltz Development Company on County Road D. west of - - White Bear Avenue. The contractor is Avon Lumber Company, Inc. and the cost of the project is $2,800,000. (d) Maple Ridge Estate Apartments is being developed by Maple Ridge Development Corporation at the - intersection of Stillwater Road and Stillwater Avenue. The contractor is Steve Haight Construction and the cost of the project is $3,999,000. (e) An addition to Maplewood Mall is being developed by CPI. The contractor is Kraus Anderson and the cost of the project is $2,075,000. (f) A Main Street Store at Maplewood Mall is being developed by Federated Department Stores. The contractor is Sheehy Construction and the cost of the project is $2,000,000. 3.6 Other Specific Development Expected to Occur Within Development District No. 1 (a) The expansion of St. John's Northeast Hospital on Beam Avenue; (b) It is expected that additional development may occur in Development District No. 1 in the future. The nature and timing of further development cannot accurately be predicted at this time. 3.7 Estimated Cost of Project Costs and Supportive Data The estimated costs of certain of the public improvements set forth in the Development Program to be made within Development District No. 1 and financed by tax increments to be derived from Economic Development District No. 1 -2 (together with any available tax increments from Economic Development District No. 1 - Housing District No. 1- 1 and Housing District No. 1 -2 within Development District No. 1) are $845,000. 30 L�f PUBLIC IMPROVEMENTS (Section 1.7(c)(ix) and (x)] $ 689,000 LEGAL FEES, PLANNING FEES, COSTS OF ISSUANCE & CONTINGENCY $ 33,450 BOND DISCOUNT $ 16,550 INTEREST ON BONDS PRIOR TO RECEIPT OF.TAX INCREMENT TO FULLY FUND PRINCIPAL AND INTEREST $106,000 TOTAL AMOUNTS OF BONDS TO BE SOLD $ 845,000 S UPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS OR DEVELOPMENT DISTRICT UNDER DEVELOPMENT PROGRAM ITEM BASIS FOR ESTIMATE PUBLIC IMPROVEMENTS Estimates by City Staff PROFESSIONAL SERVICES Estimates of Project Costs for legal . assistance,' bond issuance costs, planning provided by Miller & Schroeder Financial, Inc. INTEREST ON BONDS PRIOR The amount of capitalized interest TO RECEIPT OF TAX INCRE- will be equal to an amount suf- MENT TO FULLY FUND ficient to pay interest on the PRINCIPAL AND INTEREST Tax Increment Bonds from the date of issue until the date of collection of sufficient tax increments to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 475. Predicting capitalized interest prior to issuance is extremely difficult as it is a function of interest rates, construction schedules and tax timing; therefore, the above figure is only an estimate of capitalized interest and is subject to change. 31 4 3.8 Estimated.Amount of Bonded Indebtedness. It is anticipated that Tax Increment Bonds in the amount of $845,000 will be incurred with respect to this portion of the development activities to be undertaken within Development District No. 1. 3.9 Sources of Revenue It is anticipated that the sources of revenue to pay the costs associated with this portion of the development activities to be undertaken within Development District No. 1 are Tax Increment Bond proceeds and special assessments. 3910 original Assessed Value and Fiscal Disparities ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2: The original assessed value of all taxable property in Economic Development District No. 1 -2 as most recentl certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1986 with respect to the assessed value of such property as of January 2, 1986, for taxes payable in 19.87 is estimated to be $151,113. Minnesota Statutes, Section 469.177, Subd. 1, requires that the original assessed value in economic development districts be adjusted to the average percentage increase in the assessed value of all property in the Economic Development District No. 1 -1 during the five years prior to certification. The rate of adjustment for the District is approximately 2.50$. The City hereby elects the method of tax increment computation set forth in Section 469.177, Subd. 3, clause (b). 3.11 Estimated Captured Assessed Value Each year the County Auditor will measure the amount of increase or decrease in the total assessed value of Economic Development District No. 1 -2 to calculate the tax, increment payable to the City of Maplewood. In an year in y y which there is an increase in total assessed valuation in Economic Development District No. 1 -2 above the original assessed value, a tax increment will be payable. In any year in which the total assessed valuation in Economic Development District No. 1 -2 declines below the original assessed valuation, no assessed valuation-will be captured and no tax increment will be payable. 32 - GG The County Auditor shall certify in each year after the date the original assessed value was certified, the amount the original assessed value has increased or decreased as a result of 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court - ordered abatements. ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 Upon completion of the development expected to within Economic Development District No. 1 -2 the City estimates the assessed value of the Property within Economic Development District No. 1 -2 to be $1,903,363. The captured assessed value upon completion is expected to annually approximate $1,752,250. This amount will be captured for up to 8 years or until the Tax Increment Bonds are retired. The city requests 70% of the available increase in assessed value from Economic Development District No. 1 -2 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan (the balance of the increase being used to pay the fiscal disparities contribution of Economic Development District No. 1 -2). 3.12 Type of Tax Increment Financing District ECONOMIC DEVELOPMENT DISTRICT N0. 1 -2 Pursuant to Section 469.174, Subd. 12 of the Act, the City finds that Economic Development District No. 1 -2 qualifies as an "economic development district ": 1. Economic District No. 1 -2 does not meet the requirements to qualify as either a housing or a redevelopment district. 2. The creation of Economic Development District No..1-2 is in the public interest because it will preserve and enhance the tax base of the City and it will result in increased employment within the City. 33 3.13 Duration of Tax Increment Financing Districts ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2: The Act allows "economic development districts" to remain inexistence for a period of 8 years from the receipt of the first tax increment or 10 years from the approval of the tax increment financing plan, whichever is less. Based on these limitations it is anticipated that Economic Development District No. 1 -2 will remain in effect until eight years from the receipt of the first tax increment. - 3.14 Estimated Impact of Tax Increment Financing HOUSING DISTRICT NO 1 -2 _ The estimated impact of Economic Development - District No, 1-2 on the other taxing jurisdictions within Economic Development District No. 1 -2 is set forth on Table V. _ 3.15 Cash Flow Analysis See Table VI. GS TABLE V ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 ECONOMIC DEVE LOPMENT DISTRICT IMPACT ON TAX BASE: Jurisdiction Tax Base County of Ramsey 3,283,594,890 City of Maplewood 274,.69 School District No. 622 297,420,326 original District as Future Assessed Percent of Assessed Value Jurisdiction Value 151,113 .0046% 1,903,363 151,113 .0550% 1,903,363 151J13 .0508% 1,903,363 ECONOMIC DEVELOPMENT DISTRICT IMPACT ON MILL RATES Jurisdiction Current Mill Rate Potential l Taxes Generated -- County of Ramsey 32.225 61,336 C y y City p of Maplewood 18.387 34 other (1) 6.843 13,025 School District No. 622 590110 112,508 1 other taxing jurisdictions include: Metro Council, Regional Transit Commission, Mosq uito Control District, County Library District and Metro Watershed Area District as Percent of Jurisdiction .0580% .6929% .6400% ,.t G W ..+a ��. ,:.- .t.[.. - ... �. >,.P.._: . -.,.. .. .: ......:._.. v..I.1..... ._...:. ..... _�. .. .. .. _ ..... .. .. ... .. ... .. .. .. ........ .... ...3 w .. .._ �.. ._. �J.. 7., ...,..J,.._..:,_:�.�........,.� TAX 1 NLHLMLN I t:HfaH t LUW ! iUMM6464Y hLiJ UNI TABLE V I CITY OF MAPLE'WOOD, MINNESOTA MAIN STREET SPORE PROJECT ----------- -_ - - -- REVENUES ----------- - - - - -- I I ----- - - - - -- EXPENSES ----- - - - - -- • YEAR END LOWEST TAX BOND INVESTMENT PROJECT DEBT ANNUAL CUM. CUM. YEAR INCREMENT PROCEEDS INCOME OTHER COSTS OTHER SERVICE BALANCE BALANCE BALANCE 1988 0 405,000 0 0 32y, 250 25 14,204 36 36, 36, 546 1989 0 0 V 0 0 V 24 35 (24 350) 12 12 1990 71 o 2 30 O 0 0 0 0 24, 46 8130 59 21 1991 70 O 0 U 0 O 63 300 7 66 6, 9o1 1992 110 1 p 5 6 2 0 0 U 0 0 66. (30,732) 35, 940 10 1993 70 4) 0 0 4) U .63 6 42, 16, 1994 69 0 0 0 0 O 65,735 4 47,169 19, 351 1995 69 , 562 0 0 0 1) 4 ) 62 6 54 24, 1996 69 , 2 2 8 O 0 0 0 0 64,505 4. 59, 053 28, 339 1997 68 , b94 0 1) e) 1) U 65 3, 181 62 234 ;;�9 767 1998 .0 0 O 0 0 0 61 (27,533) 34,701 34 �tssasaetssssmsa =ss�sssssssssssssus aces 3a�sssaasssasa.:.= sssss�zaasas ass s�aszsssssssssssssssassasss+e 560 405, 000 0 0 329, 2 576, 545 Via. "^ & 00V1%GwAbs"114 1 rsQ;ju&fw I A %jl% J "W4 I t �.,... w� a�w�T�ww.r _ . Tj �wau�aWx.,mw.w�a �.r...w.� 1�.7.fcA�• �: >�.;;;,�; ;�:."� � .__ ,.. CITY OF MAPLEW000 i MINNESOTA MAIN SSTORE PROJECT ' ASSESSED VALUE . ($000) TAX AVERAGE ANNUAL LEVY COLL, - ----------- ---- --- -- -- - --� -- MILL I NCRMT INVEST. GROWTH RATE t X� YEAR YEAR TOTAL BASE RATE AVAIL. RATE OF ASSESSED VALUE 1987 198a 135 135 1190210 70 s 00 ow 000 BASE 2050 1988 1989 138 138 1190 210 70a00 u. oo(3 1989 1990 .995 141 119,8210 700 00 u. 000 TOTAL 0000 1990 1991 995 145 119.210 70s00 .00004) 1991 1992 995 149 1190210 700 00 00 000 1992 1993 995 153 1190210 70* 00 0.9000 1993 1994 995 157 1 70* 00 09 000 1994 1995 995 161 1190210 70. OO 00 000 1995 1996 995 165 1190210 70s 00 08 000 1996 1997 995 169 119,0210 70.00 00 000 t �.,... w� a�w�T�ww.r _ . Tj �wau�aWx.,mw.w�a �.r...w.� 1�.7.fcA�• �: >�.;;;,�; ;�:."� � .__ ,.. 1 NUK1`1l11 =141 bUIMU A.at3UM QU1114simn1 CITY OF MAPLEWOOD MINNESOTA MAIN STREET STORE PROJECT BONDS 405, INTEREST START DATE FIRST INTEREST DATE B OND YEARS AVERAGE LIFE AVERAGE COUPON 171 576 Jan-88 Au 2 6. 886 YR,9-s 60151 % IN PRINCIPAL RATE' INTEREST PRINCIPAL DEBT SERVICE YEAR wwwrwwwwiwwww PAYMENTS (%) PAYMENTS own & INTEREST mom -am COVERAGE RATIO "ft� "m 19 88 as 0 5o250 14, 14,204 Cap Int 1989 4) 5. 25CJ 24,35o 24,350 Cap Int 1990 0 5. 250 24, 350 4, 350 Cap Int 1991 40 5,.25o 23, Soo 63, 112e53 1992 45, 5e 500 a I' o 13 66, 107,40 1993 45 5,mloo 18,, 4'33 63,493 111o13 1994 50, 59 900 15, 65,735 106*84 1995 .50 619 100 12- GZ-s 735 11 1.41 1996 55, 000 60200 9, 505 64,,5(-)5 107o84 1997 60 6,o4oO 5. 65,880 105.0 8 1998 60 000 .60 600 1,, tr3ac) 61. 13130 111o16 405, INTEREST START DATE FIRST INTEREST DATE B OND YEARS AVERAGE LIFE AVERAGE COUPON 171 576 Jan-88 Au 2 6. 886 YR,9-s 60151 % IN TAX INCREMENT CASH FLOW , &"UMMARY RLPORT TABLE VI CITY OF MAPLEWOOD, MANESOTA MAPLEWOOD HALL ADDITION PROJECT 594 440 0 359, 2 5 000 628, 03a REVENUES ------------------ I I ----------- EXPENSES ----------- I YEAR END LOWEST TAX BOND INVESTMENT. PROJECT DEBT ANNUAL cum* CUM. YEAR INCREMENT PROCEEDS INCOME OTHER COSTS ---------- OTHER SERVICE BALANCE BALANCE BALANCE 0 440,000 0 0 359, 25,,000 15, 39, 39, 39, 1989 G 0 u 0 0 0 26, (26, 13, 304 1,3 1990 74,426 0 0 0 0 26,492 47,934 61,238 58 1991 74 o 410 0 0 0 0 7.0 4 65 2 10 992 1992 . 74,1360 0 0 0 67, (30 34, 8, 2.7 2 1993 0 0 . 0 0 0 70, 4, 1 12* 38 14) 1994 74 0 u 0 0 0 67,331 fi l 972 45, 708 16,496 1995 74.242 0 4) 0 0 69 1713 5 50 791 19 ..-mo 1996 749242 0 0 0 0 70,640 3 6O2 54,393 21, 66a 1997 74 0 1) 0 0 71 2 56 22 1998 U 0 0 0 0 0 72 310 (35 21,664 21- • 594 440 0 359, 2 5 000 628, 03a TAX INCRE.MENT BOND I SSUE S UMMARY REPORT CITY OF MAPLEWOOD, MINNESOTA M MALL ADDITION PROJECT 440 INTEREST START DATE FIRST INTEREST DATE BOND YEARS AVERAGE LIFE AVERAGE COUPON Jars ALl 3 051. 667 6.936 YRS. BONDS PRINCIPAL RATE INTEREST PRINCIPAL DEBT SERVICE YEAR OEM �= am w PAYMENTS wom."m saw"m 'wo mmow mmum mm war (74) �PAYMENTS rrwMrrrrrr & INTEREST r one COVERAGE RATIO -oft -ow -wo r ow 1988 5o250 15,454 15,454 Cap Int 1989 0 5o250 26. 26, Cap Int 1990 0 .5.o25o 26,492 26, Cap Int 1991 . 45,000 5o250 25, 311 70, 31 1 105.85 199.9 45 5. 500 22 67 109e60 1993 5 04,000 5o7OO 20,231 70,231 105088 1994 50,000 50900 I'7 1 110938 1995 55,000 6,0100 14, 178 69.,,178 10 7.38 so' 6,02oo 1 U 64ia 70,640 105o10 .1996 19.97 65, 000 60400 6 700 71, 163o55 1998 70,,000 6. 600 2 72, 310 102*56 440 INTEREST START DATE FIRST INTEREST DATE BOND YEARS AVERAGE LIFE AVERAGE COUPON Jars ALl 3 051. 667 6.936 YRS. 1 , TAX INCREMENT ASSUMPTIONS SUMMARY REPORT CITY OF MAPLEWOOD, MINNESOTA MAPLEWOOD MALL ADDITIOW PROJECT ASSESSED VALUE • ($001:1) X TAX AVERAGE ANNUAL LEVY COLL ------ - - - - -• •-- - - - - -- MILL I NCRMT INVEST. GROWTH RATE ( 9 ) YEAR wrw YEAR TOTAL BASE r RATE AVAIL. —a mum .mwmONO RATE one OF ASSESSED VALUE r•rr��w Ono -- r.mm -0-ow .m -- "m =art 1987 1988 16 16 1190 210 70.00 0 0 000 BASE = 2050 1988 1989 16 16 1190210 70* 00 00 000 1989 1.990 909 17 1190210 70e OO 00 000 TOTAL 00 00 1990 1991 909 17 1190210 70* 00 0 000 1991 1992 909 l8 1190210 70. 0.0 1992 1993 909 18 1190210 70. OO 0 -0 0oo 1993 1994 909 19 119.210 70. . 000 1994 1995 909 19 119. 214) 7v. 00 o: +�(:)U 1995 1996 909 19 119. 210 70 a uu U. CO 1996 1997 909 2t) 119, 210 7(:). 00 u. uuu 3.16 Use of Tax Increment The City hereby determines that it will use 100% of the captured assessed value of taxable property located in Economic Development District No. 1 -2. The tax increments derived from Economic Development District No. 1 -2, shall be used for the following activities: 1. To pay principal and interest on the Tax Increment Bonds. 2. To finance or otherwise pay the capital and administrative costs of Development District No. 1. 3. To f inance or otherwise pay premiums for insurance or other security guaranteeing the payment when due of principal and interest on bonds issued pursuant to Minnesota Statutes, Chapters, 462C, 469, or both. 4. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the bonds issued pursuant to Minnesota Statutes, Chapters 4620, 469, or both. 5. To finance project costs described in this Tax Increment Financing Plan. 6. To finance other purposes as may be allowed by the Act. These revenues shall not be used to circumvent levy limitations applicable to the City nor for other purposes prohibited by Section 469.176, Subd. 4 of the Act. 3.17 Prior Planned Improvements The City shall, after due and diligent search, accompany its request for certification to the County Auditor .or its notice of district enlargement with a listing of all properties within Economic Development District No. 1 -2, for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the City. The County Auditor shall increase the original assessed value of Economic Development District No. 1--2, by the assessed value of the improvements for which the building permit was issued, excluding the assessed value of improvements for which a building permit was issued during the three (3) month period 35 07i immediately preceding said approval of the Tax Increment ..Financing Plan as certified by the assessor. 3.18 Limitation on Qualification of Tax Increment Development on a parcel located within the Economic - - Development District No. 1 -2 by the City or by the owner of the parcel in accordance with this Tax. Increment Financing Plan shall occur_ within four ( 4 ) years of the date of certification of the original assessed value. For the - purposes of this section the term "development" shall mean • including demolition, rehabilitation, or renovation of property, or other site preparation, including improvement of a street adjacent to the parcel. Development shall not include the installation of utility service including sewer .and water systems. If development has not commenced within -_ this period no additional increment shall be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of Economic Development District No. 1 -2. If the City or the owner of the parcel subsequently commences development, the City shall certify the assessed value thereof as most recently certified by the Commissioner of Revenue and add it to the original assessed value of Economic Development District No. 1 -2. 3.19 Modifications of Tax Increment Financing Districts In accordance with Minnesota Statutes, Section 469.175, Subd. 4, any reduction or enlargement of the geographic area of Development District No. 1 or Tax Increment Financing Districts within Development District No. 1, increase in amount of bonded indebtedness to be incurred, including a determination or capitalize interest on debt if that determination was not a part of the original tax increment financing plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured assessed value to be retained by the City, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the authority shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a Tax Increment Financing District may be reduced, but shall not be enlarged after five years following the date of certification of the original assessed value by the county auditor. Housing District No. 1 -2 may therefore be expanded until 1992. 36 77 3.20 Limitation on Administrative Exoenses In accordance with Minnesota Statutes, Section 469.174, Subd. 14 and Minnesota Statutes, Section 469.176, Subd. 3, administrative expenses means all expenditures of an authority.other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to dr services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section 469.178. Administrative expenses includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative' expenses for a project which exceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. 3.21 Limitation on Duration of Tax Increment Financing Districts Pursuant to Minnesota Statutes, Section 469.176, Subd. 1, "no tax increment shall be paid to an authority three years from the date of certification by the County Auditor unless within the three -year period (1) bonds have been issued pursuant to Section 469.178 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Sections 469.152 through 469.165, prior to the effective date of the Act; or (2) the authority has acquired property within the district; (3) the authority has constructed or caused to be constructed public improvemewnts within the district,.." The City must therefore issue bonds, or acquire property, or construct or cause public improvements to be constructed by 1988 or the County Auditor may dissolve the applicable Tax Increment Financing District, 3.22 Limitation on Qualification of Property in Tax Increment Financing Districts Not Subject to Improvement Pursuant to Minnesota Statutes, Section 469.176, Subd. 6, "if, after four years from the date of certification of the original assessed value of the tax increment financing district..., no demolition, rehabilitation or renovation of 37 _ (: 0" parcel or other site preparation including improvement of a street adjacent to a property but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of the tax increment financing district If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor in the annual disclosure report that the activity has commenced. The county auditor shall certify the assessed value thereof as most recently certified by the commissioner of revenue and add it to the original assessed value of the tax increment financing district. 3.23 Excess Tax Increments Pursuant to Minnesota Statutes, Section 469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any .tax levy as provided in Minnesota Statutes, Section 475.61, .Subdivision 3, the City shall use the excess amount to: 1. prepay the outstanding bonds; 2. discharge the pledge of tax increment therefore; 3. pay into an escrow account dedicated to the payment of such bond; 4. repay any loans including interest on these loans; or 50 return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their mill rate. In addition, the City may choose to modify the financing plan as described in Part II, 2.18, in order to.provide further public improvements within the development district. 38 7t 3.24 Administration of Tax Increment Financing Districts Administration of Economic Development District No. 1 -2 will be handled by the office of the City Manager. The tax increment received.as a result of increases in the assessed value of Economic Development District Noo 1-2 will be maintained in a special account separate from all .other municipal accounts and expended only.-upon sanctioned municipal activities identified in the Tax Increment Finance _ Plan. 3.25 Annual Disclosure Requirements Pursuant to Minnesota Statutes, Section 469.175, Subd. 5, the City must file with the State Auditor on or- before July 1, an annual financial report for . all Tax Increment Financing Districts. The report shall also be filed with the school board and county board. The report shall as nearly as possible: 1. Provide for full disclosure of the sources and uses of public funds in each Tax Increment Financing District; 2. Permit comparison and reconciliation with the City's accounts and financial reports; 3. Permit auditing of the funds expended on behalf of each Tax Increment Financing District, including a single Tax Increment Financing District that is part of a multidistrict project or that is funded in part or whole through the use of a development account funded with tax increments from other Tax Increment Financing Districts or with other public money; and 4. Be consistent with generally accepted accounting principles. In addition, the report shall contain the following information: 1. The original assessed value of the Tax Increment Financing District; 2. The captured assessed value of the Tax Increment Financing District, including the amount of any captured assessed value shared with other tax districts; 39 J 3. The outstanding principal amount of bonds issued or other loans incurred to finance project costs in the Tax Increment Financing District, 40 For the reporting period and for the duration of the Tax Increment Financing District, the amount budgeted under the Tax Increment Financing Plan, and the actual amount expended for, at least, the following categories: A. Acquisition of land and buildings through condemnation or purchase; B. Site improvements or preparation costs; C. Installation of public utilities or other public improvements; and D. Administrative costs, including the _ allocated cost of the City; 5. For properties sold to developers, the total cost of the property to the City and the price paid by the developer; 6. The amount of tax exempt obligations, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in the Tax Increment Financing District. 40 SECTION IV TAX INCREMENT FINANCING PLAN FOR HOUS ING DISTRICT NO. 1 -3 [Adopted December 14, 19871 - - 4.1 Sta tement of Objectives See Section I. Subsection 1.5, Development Program for Development District No. 1. • 4.2 Development Program See Section I , Subsection 1.3, Development Program for Development District No. 1. t 4.3 Parcels to be Included in Tax Increment Financin District. HOUSING DISTRICT N0. 1 -3 Economic Development District No. 1 -3 is made up of certain P arcels located within Development District No. 1. The specific parcels contained in the Tax Increment District are described in Exhibit F. 4.4 Parcels to be Acquired.. In connection with Housing District No. 1 -3 the.City intends to acquire from The Arkell Development Corporation and reconvey to The Arkell Development Corporation the following property: that portion of the following parcels south of Woodlynn Avenue: South 662.87 feet of North 1325.74 feet of the East 263.63 feet of NW Quarter of the NE Quarter of Section 2, Township 29, Range 22 West 263.63 feet of FAst 527.26 feet of the North 1321.3 feet of NW Quarter of Section 2, Township 29, Range 22 [an exact legal description will be supplied to the City by The Arkell Development Corporation upon adoption of Tax Increment Financing Plan for Housing District No. 1 -31 41 �Z 4.5 Development Activity in Develop ment District No. 1 for which Contracts Have Been Signed (a) Zantigo Restaurant on County. Road was developed by Zantigo Mexican Restaurants, Inc. on County Road D. West of White Bear Avenue. The contractor was William Kranz Construction and the cost of the project was $ - (b) Maple Ridge Square Shopping Center was developed by Curt Johnson and Joe Weis - Weis Builders, Inc. at the intersection of Gervais Avenue and White, Bear Avenue. The contractor was Weis Builders and the cost of the project was $2,318,3830 (c) Maple Ridge Apartments was developed by Podawiltz Development Company on County Road D, west of White Bear Avenue. The c ontractor was Avon Lumber Company Inc. and the cost of the project was $2,800,000. P Y• (d) Maple Ridge Estate Apartments was developed by Maple Ridge Development Corporation at the intersection of Stillwater Road and Stillwater Avenue. The contractor was Steve Haight Construction and the cost of the project was $3,.999,000. (e) An addition to Maplewood Mall is being developed by CPI. The contractor is Kraus Anderson and the cost of the project is $2,075,000. (f) A Main Street Store at Maplewood Mall is being developed by Federated Department Stores. The contractor is Sheehy Construction and the cost of the project is $2,000,000. 4.6 Other Specific Development Expected to Occur Within Development District No. 1 (a) The expansion of St. John's Northeast Hospital on Beam Avenue; (b) The development of a 60 unit Senior Citizen housing complex (.known as the Cottages of Maplewood) is being proposed by The Arkell Development Corporation; 42 � 3,� (c) It is expected that additional development may occur in Development District No. l in the future. The nature and timing of further development cannot accurately be predicted at this time. 4.7 Estimated Cost of Project Costs and Supportive Data The estimated costs of the land acquisition and site improvements set forth in the Development Program to be made ..within Development District No. 1 and financed by tax increments to be derived from Housing District No. 1 -3 (together with any available tax increments from Economic Development District No. 1 -1, Economic Development District No, 1 -2, Housing District No. 1 -1 and Housing District No. 1 -2 within Development District No. 1) are $275,000. LAND ACQUISITION AND /OR SITE IMPROVEMENTS [Section 1.7(c)(xi)] $275 F O00*00 $275,000.00 LEGAL FEES, PLANNING FEES, COSTS OF ISSUANCE & CONTINGENCY $ 15,312950 BOND DISCOUNT $ 8 1 000900 INTEREST ON BONDS PRIOR TO RECEIPT OF TAX INCREMENT TO FULLY FUND PRINCIPAL AND INTEREST $101,6.87.50' TOTAL AMOUNTS OF BONDS TO BE SOLD $400,000.40 SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS OR DEVELOPMENT DISTRICT UNDER DEVELOPMENT PROGRAM ITEM BASIS FOR ESTIMATE LAND ACQUISITION AND Estimates by City Staff SITE IMPROVEMENTS PROFESSIONAL SERVICES Estimates of Project Costs for ].ega l assistance, bond issuance costs, planning provided by Miller & Schroeder Financial, Inc. INTEREST ON BONDS PRIOR The amount of capitalized interest 43 TO RECEIPT OF TAX INCRE will be equal to an amount suf- MENT TO FULLY FUND ficient to pay interest on the PRINCIPAL AND INTEREST Tax Increment Bonds from the date of issue until the date of collection of sufficient tax increments to meet scheduled interest payments when due, but not exceeding 3 years as required by Minnesota Statutes, Chapter 475. Predicting capitalized interest prior to issuance is extremely difficult as it is a function of interest rates, construction schedules and tax timing; therefore, the above figure is only an estimate of capitalized interest and is subject to change. 4.8 Estimated Amount of Bonded Indebtedness. It is anticipated that Tax Increment Bonds in the amount of $400,000 will be incurred with respect to this portion of the - development activities to be undertaken within Development District No. 1. 4.9 Sources of Revenue It is anticipated that the sources of revenue to pay the costs associated with this portion of the development activities to be undertaken within Development District No. 1 are Tax Increment Bond proceeds. 4.10 Original Assessed Value The original assessed value of all taxable property in Housing District No 1 -3 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1987 with respect to the assessed value of such property as of January 2, 1987, for taxes payable in 1987 is estimated to be $62,7371. 4.11 Estimated Captured Assessed Value Each year the County Auditor will measure the amount of increase or decrease in the total assessed value of Housing District No. 1 -3 to calculate the tax increment payable to the City of Maplewood. In any year in which there is an increase in total assessed valuation in Housing District No. 1 -3 above the original assessed value, a tax increment will be payable. In any year in which the total assessed valuation in Housing District No. 1 -3 declines below the original assessed 44 valuation, no assessed valuation will be captured and no tax increment: will be payable. The County Auditor shall certify in each year after the date the original assessed value was certified, the amount the original assessed value has increased or decreased as a result of: 1. change in tax exempt status of property; . 2.' reduction or enlargement of the geographic ' boundaries of the district; .3. change due to stipulations, adjustments, negotiated or court - ordered abatements. - Upon completion of the development expected to occur within Housing District No. 1 -3 the City estimates the assessed value of the Property within Housing District No. 1 -3 to be $1,322,631. The captured assessed value upon completion is estimated to annually approximate $1,259,894. This amount will be captured for up to 25 years or until the Tax Increment Bonds are retired. The city requests 100% of the available increase in assessed value from Housing District No. 1 -3 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan. 4.12 Type of Tax Increment Financing District Pursuant to Section 469.174, Subd. 12 of the Act, the City finds that Housing District No. 1 -3 qualifies as a "housing district ": 1. Housing District No. 1 -3 qualifies as a "housing district" because a portion of each project is intended for occupancy, in part, by persons of low and moderate income as defined in Minnesota Statutes, Chapter 462A, Title.II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Ti tl.e V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts. 45 g , TABLE VI HOUSING DISTRICT NO. 1 -3 HOUSING DISTRICT NO. 1 -3 I14PACT ON TAX BASE: Original District as Future District as Assessed Percent of Assessed Percent of Jurisdiction Tax Base Value Jurisdiction Value Jurisdiction 5 County of Ramsey 3,283,594,890 62,737 00019 1,322,631 .0403$ City of Maplewood 274,691,365 62,737 .0028% 1,322,631 .4815% School Dist. #622 297 62,737 90211% 1,322,631 .4447$ HOUSING DISTRICT NO. 1 13 IMPACT ON MILL RATES: Jurisdiction Current Mill Rate Potential Taxes Generated County of Ramsey 32.225 42,622 City of Maplewood 18.387 24,319 Other (1) 6.843 9,051 School Dist. #622 J 59.110 78 181 Other taxing jurisdictions include: Metro Council, Regional Transit Commission, ' Mosquito Control District Count y Librar y District and Metro Watershed Area TABLE VII $ 400 G.O. Taxable Tax Increment Bonds of 1988 City of Maplewood Minnesota Sources: Par amount of Bonds LESS: Discount (1.96 %) Uses: Project Cost Estimated Cost of Issuance Capitalized Interest Balance Total Uses $400 $392 $275 12,500.00 101,687.50 2,812.50 $392 S&9 $ 404000 G O Taxable Tax Increment Bonds of 1988 Accrued Interest to 2/01/88 = 0.00 Total Bond Years = 26009 Gross Interest Cost = $ 241 Average.Coupon 9,283% NIC = 9.590% Average Life = 6.50 Years Discount @ 9800 8 • 000.00 File: maple.dbt Prepared by MILLER & SCHROEDER FINANCIAL: 12/04/87 City of Maplewood, Minnesota Debt Service Schedule Issue Date: 2/01/88 Settlement Date :. 2/01/88 First Coupon: 8/01/88 Date _ Principal Coupon Interest Debt Service ervlce 8/01/88 0900 0.000 18,337.50 18 , 337.50 2/01/89 0000 0.000 18,337.50 18 8/01/89 0000 00000 18,337.50 18337.50 2/01/90 0000 00000 18,337.50 18 , 33.7.50 8/01/90 2/01/91 0000 50 00000 89600 18 18,337.50 18337.50 68 , 187.50 8 / 01 /91 0.00 09000 16,187.50 16 2/01/92 50, 000.00 8.800 16,187.50 66 * 50 8/01/92 0000 0.000 13,987.50 13 987.50 2/01/93 50,000.00 90000 13,987.50 63 987.50 8 /41/93 0.00 00000 11,737650 11737.50 • 2/01/94 50,000000 9.150 11,737.50 61 • 737.50 8/01/94 01000 00000 9, 450.00 9 450.00 2/01/95 50, 000.00 9.300 9, 450.00 59 450.00 8/01/95 0000 00000 7 ,125.00 7 125e00 • 2/01/96 50, 000.00 9.4 00 7 ,12 5.00 57 1 12 5.00 8/01/96 0000 00000 4 4 .2/01/97 50,000.00 99500 4 54 775.00 8/01/97 0000 00000 2 21400.00 2/01/98 50, 000.00 9.600 2, 400..00 52 400.00 TOTAL 400,000.00 241 • 64 1,350.00 Accrued Interest to 2/01/88 = 0.00 Total Bond Years = 26009 Gross Interest Cost = $ 241 Average.Coupon 9,283% NIC = 9.590% Average Life = 6.50 Years Discount @ 9800 8 • 000.00 File: maple.dbt Prepared by MILLER & SCHROEDER FINANCIAL: 12/04/87 . 2. The creation of Housing District No. 1 -3 is in the public interest because it will preserve and enhance the tax base of the City and it will result in increased employment within the City. 4.13 Duration of Tax Increment Financing Districts . The Act allows "housing districts" to remain in j existence for a period of 25 years from the receipt of the first tax increment. Based on these limitations it is anticipated that Housing District No. 1 -3 will remain in effect until December, 2012. 4.14 Estimated Im act of Tax Increment Financing. The estimated impact of Housing District No.. 1 -3 on the other taxing jurisdictions within Housing District No. 1. is set forth on b V Ta le . I a 4.15 Cash Flow Analysis See Table VII. 46 _ yv The city hereby determines that it will use 100% of the captured assessed value of taxable property located in Housing District No. 1 - 3. The tax increments derived from Housing District No. 1 -3, shall be used for the following activities: 1. To pay principal and interest on the Tax Increment Bonds. 2. To finance or otherwise pay the capital and administrative costs of Development District No. 1. 3. To finance or otherwise pay premiums for insurance or other security guaranteeing the payment when _ due of principal and interest on bonds issued pursuant to Minnesota Statutes, Chapters, 462C, 469, or both. 4. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the bonds issued pursuant to Minnesota Statutes, Chapters 462C, 469, or both. 5. To finance project costs described in this Tax Increment Financing Plan. 6. To finance other purposes as may be allowed by the Ac t. These revenues shall not be used to circumvent levy limitations applicable to the City nor for other purposes prohibited by Section 4699176, Subd. 4 of the Act. 4.17 Prior Planned Improvements The City shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of district enlargement with a listing of all properties wthin Housing District No. 1 -3, for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the City. The County Auditor shall increase the original assessed value of Housing District No. 1 -3, by the assessed value of the improvements for which the building permit was issued, excluding the assessed value of improvements for which a building permit was issued during the three (3) month period immediately preceding said approval of. the Tax Increment Financing Plan as certified by the assessor. 47 �7 4. 1.8 Limitation on_Qua 1 i f i t i on of Tax Tncrement P on a Development parcel located within Housing P District No. 1 -3 by the City or by the owner of the parcel in accordance with this Tax Increment Financing Plan shall occur - within four .(4 ) years of the date of certification of the original assessed value. For the purposes of this section the term "development"' shall mean including demolition, rehabilitation, or renovation of property, or. other site preparation, including improvement of a street adjacent to the _ parcel. Development shall not include the installation of utility service including sewer and water systems. If development has not commenced within this period no additional increment shall be taken from that parcel and the original assessed value of that parcel shall be excluded from the -_ original assessed value of Housing District No. 1 -34, If the City or the owner of the parcel subsequently commences development, the City shall certify the assessed value thereof as most recently certified by the Commissioner of Revenue and .add it to the original assessed value of Housing District No. 1 -3. 4.19 Modifications of Tax Increment Financing Districts In accordance with Minnesota Statutes, Section 469.175, Subd. 4 any reduction or enlargement of the geographic area of Development District No. 1 or Tax Increment Financing Districts within Development District No. 1, increase in amount of bonded indebtedness to be incurred, including ,a determination or capitalize interest on debt if that determination was not a part of the original tax increment financing plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured assessed value to be retained by the City, increase in total estimated tax increment expenditures or designation of additional property to be Y acquired b the authority shall be approved upon the notice q and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a Tax Increment Financing District may be reduced, but shall not be enlarged after five years following the date of certification of the original assessed value by the county auditor. Housing District No. 1 -3 may therefore be expanded until 19920 48 4.20 Limitation on Admin Expen In accordance with Minnesota Statutes, Section 469.174, Subd. 14 and Minnesota Statutes, Section 469.176, Subd. 3, administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located • in the district or amounts used to pay interest on fund a reserve for, or sell.at a discount bonds issued pursuant to Section 469.178. Administrative expenses includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment,shall be used to pay any administrative' expenses for a project which exceed ten percent of the total tax increment expenditures authorized by the tax increment .financing plan or the total tax increment expenditures for the P project, whichever is less. 4.21 Limitation on Duration of Tax Increment Financin2Districts Pursuant to Minnesota Statutes, Section 469.176, Subd. 1, "no tax increment shall be paid to an authority three years from the date of certification by the County Auditor unless within the three -year period (1) bonds have been issued pursuant to Section 469.178 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Sections 469.152 through 469.165, prior to the effective date of the Act; or (2) the authority has acquired property within the district; or (3) the authority has constructed or caused to be constructed public improvemewnts within the district..." The City must therefore issue bonds, or acquire property, or construct or cause public improvements to be constructed by 1988 or the County Auditor may dissolve the applicable Tax .Increment Financing District. 4.22 Limitation on Qualification of Property in Tax Increment Financing Districts Not Subject to Improvement Pursuant to Minnesota Statutes, Section 469.176, Subd. 6, "if, after four years from the date of certification of the original assessed value of the tax increment financing district..., no demolition, rehabilitation or renovation of ' ,J parcel or other site preparation including ding improvement of a s i street adjacent to ,a property but not nstallation of ut: i..i.ty service including sewer or water systems, has been commenced on -a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax - increment may be taken from that parcel and the original assessed value of that parcel shall be excluded from the original assessed value of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation.or other site preparation on that parcel including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor in the annual disclosure report that the activity has commenced. The county auditor shall certify the assessed value thereof as most recently certified by the commissioner of revenue and add it to the original assessed value of the tax increment financing district. 4.23 Excess Tax Increments Pursuant to Minnesota Statutes, Section. 469.176, Subd. 2, in any year in which the. tax increment exceeds the amount necessary to pay the costs authorized by the tax .increment plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, .Subdivision 3, the City shall use the excess amount to: 1. prepay the outstanding bonds; 2. discharge the pledge of tax increment therefore; 3. pay into an escrow account dedicated to the payment of such bond; 4. repay any loans including interest on these loans; or 5. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their mill rate. In addition, the City may choose to modify the financing plan as described in Part II, 2.18, in order to provide further public improvements within the development district. 50 4.24 Administration of T ax Inc rement Fin ancin g Districts. Administration of Housing District No. 1 -3 will be handled by the Off ice of the City Manager. The tax increment received as a result of increases in the assessed value of Housing District No. 1 -3 will be maintained in a special account separate from all other_ municipal accounts and expended only upon sanctioned municipal activities identified in the Tax Increment Finance Plan. 4.25 Annual Disclosure Requirements Pursuant to Minnesota Statutes, Section 469.175, Subd. 5, the must file with the State Auditor on or before July 1, an annual financial report for all Tax Increment Financing Districts. The report shall also be filed with the school board and county board. The report shall as _ nearly as possible: 1. Provide for full disclosure of the sources and uses of public funds in each Tax Increment Financing District; 2. Permit comparison and reconciliation with the City's accounts and financial reports; 3. Permit auditing of the funds expended on behalf of each Tax Increment Financing District, including a single Tax Increment Financing District that is part of a multidistrict project or.that is funded in part or whole through the use of a development account funded with tax increments from other Tax Increment Financing Districts or with other public money; and 4. Be consistent with generally accepted accounting principles. In addition, the report shall contain the following information: 1. The original assessed value of the Tax Increment Financing District; 2. The captured assessed value of the Tax Increment Financing District, including the amount of any captured_ assessed value shared with other tax districts; 5 9s' 3 . The otatst and i nq rr i nn i pa 1 amount or bonds issued or other loans incurred to finance project costs in the Tax Increment Financing District; 4. For the reporting period and for the duration of - the Tax Increment Financing District, the amount budgeted under the Tax Increment Financing Plan, and the actual amount expended for, at least, the following categories: A. Acquisition of land and` buildings through - condemnation or purchase; B. Site improvements or preparation costs; C. Installation of public utilities or other public improvements and D. Administrative costs, including the allocated cost of the City; 5. For properties sold to developers, the total cost of the property to the City and the price paid by the developer; 6. The amount of tax exempt obligations, other than those reported under clause (3), that were issued on behalf. of private entities for facilities located in the Tax Increment Financing District. 52 _ yG .n 1 1 .. N i I I I � ••'�••E�•••�w- -�-�fl wA .. ». .r a" 1 rM•'• 4W 4" i7 , • - ....,.— MN a e ♦tNN 4unde•m $••r qW~ .......... e 1 . ..... S� •011 •.• ww .r •wn•r • r••r ww• ... �1 .� / ,h •.• w000m aft • ./ pp • O NNOW 1 .'a! . { �. vow •• up Info db . • rrrwr Mr► �» Mra , • • • •• 34......... + . • t mow► Y�r1 1 �' � ' r '�.. Nth • pp IL tell � r 3 • oW deft i ....�` •+.... 01011 l0 10 ii • c i E xhibit A � --- --•ice. at f: N N » Ii .rot ---- -- { --- Nov ~ � M s MNt.....� mw two • .... -room A ?I. i — Exhibit B Zantigo: The easterly 145 feet of that part of Lot 1 Block 3, Viking Development Addition, according to the, recorded - plat thereof which lies easterly of . a line described as follows: Commencing at the southea corner of on an assumed bearing of West, along said Lot 1, a distance of 285.00 feet the line to be described; thence on.a distance of 236.91 feet, to the north and said line there terminating. Maple Ridge Square: said Lot .1; thence the south line of to the beginning of bearing of North a line of said Lot 1 That part of Lot 2, Block 1, Maple Ridge Mall, according to the recorded plat thereof, lying east of the West line of the Northeast Quarter (1 /4) of the Northwest Quarter (1/4) of Section 11, Township 29, Range 22 and lying south of the North line of the South four ( 4 ) acres of the West Half (1/2) of the North Half (1/2) of the East Half (1 /2) of the Northwest Quarter (1/4) of Section 11, Township 29, Range 22 ( torrens property); together with that part of Lot 2, Block 1, Maple Ridge Mall, according to the recorded plat thereof, lying sough of the South line of Lot 1 of said Block 1 and the westerly extension thereof except that part of said Lot 2 lying east of the West Line of the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Sect -ion 11, Township 29, Range 22 and lying south of the North line of the South four (4) acres of the West Half (1/2) of the North Half (1/2) of the East Half (1/2) of the Northwest Quarter (1/4) of Section 11, Township 29, Range 22 (abstract property); together with that part of Lots 3 and 4, Block 1, Maple Ridge Mall, according to the recorded plat thereof lying west of the West line of the Northwest Quarter (1/4) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 11, Township 29, Range 22 (torrens property); together with that part of Lots 3 and 4, Block 1, Maple Ridge Mall, according to the recorded plat thereof lying y� east of the West. l i.ne of the. Northwest Quarter (1/4) of the Southeast Quar. ter (1 1 1 1 4) of the Northwest Quarter (1/4) of Section 11, Township 29, Range 22 (abstract property) 9Y Exhibit C Maple Ridge Apartments - County Road D: That part of the W 1/2 of the E 1/2 of the SE 1/4 dying south of the right -of -way of U.S. Highway No. 694, all in _ Section 34, Township 30, Range 22, Ramsey County, Minnesota containing approximately 5.06 acres. - Gov Exhibit D Maple Ridge Estates Apartments - Stillwater Road and Stillwater Avenue: Beginning on the East line of the Northwest Quarter of the Southwest Quarter of Section 25, Township 29, Range 2.2, at a point in the center of the Stillwater Road, which is 227 feet South of the Northeast corner of said Northwest Quarter of the Southwest Quarter; thence South along the Easterly line of the Northwest Quarter of the Southwest Quarter to the Southeast corner of said Northwest Quarter of the Southwest Quarter; thence Westerly along the southerly line of the Northwest Quarter of the Southwest Quarter to the Southwest corner of the Northwest Quarter of the Southwest Quarter; thence Northerly along the Westerly line of the Northwest Quarter.of the Southwest Quarter to the centerline of Stillwater Road; thence Easterly along the centerline of Stillwater Road to the point of beginning; except therefrom the following: That part taken for Registered Land Survey No. 21 and also except part . taken for Registered Land Survey No. 137, and also' except that part lying Southeasterly of State Highway No. 212, and also except that part thereof described as follows: Commencing at the intersection of the South right -of -way line of Stillwater Avenue, a /k /a Stillwater Road Connection, and the West right -of -way line of State Highway No. 212; thence westward along the south right -of -way of Stillwater Avenue a distance of 50 feet; thence Southeasterly to a point on the West right -of -way line of State Highway No. 212, which point is 50 feet Southwest of the point of beginning; thence Northeasterly to the point of beginning. Subject to all easements of record. EXTI T B TT r Main Street Store Maplewood Mall That part of Lot 5, Block 1, Maplewood Mall.Addition, " Ramsey County, Minnesota, described as follows: Commencing at the northeast corner of Lot 7, Block 1, _ Maplewood Mall Addition; thence on an assumed bearing of S 3 degrees 32' 27 W, along the easterly line of said Lot 7, a distance of 258.25 feet, thence on a bearing of East, 44.08 feet to the actual point of thence N 3 degrees 32' 27 E., 282.72 feet; thence on a .tangential curve to the right for a distance of 304.55 feet, radius of said curve is 654.67 feet; thence on a bearing of East, not tangent.to last described curve, 220.00 feet; thence on a bearing of South, 27.90 feet; thence on a bearing of East, 64.97 feet:; thence on a bearing of South, 543.50 feet; thence on a bearing of West, 390.00 feet to the actual point of beginning. Subject to easements if any. Mall Addition - Maplewood Mall That portion of Lot 5, Block 1, Maplewood Mall Addition on which the Mall Addition will be constructed. A separate legal description for the Mall Addition will be established. . i0 n Exi 1 i yr F Cottages of Maplewood that portion of the following parcels south of Woodlynn Avenue: South 662.87 feet of North 1325.74 feet of the East 263.63 feet of NW Quarter of the NE Quarter of Section 2, Township 29.-Range 22 West 263..63. feet of East 527.26 feet of the North 1321.3 feet of NW Quarter of section 2, Township 29, Range 22 [an exact legal description will be supplied t Y by the Cit Y The Arkell,Development Corporation upon adoption of Tax Increment Financing Plan for Housing District No. 1 -31 /03 MINUTES MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY October 6, 1987 1. CALL TO ORDER Chairman Fischer called the meeting to order at 2:30 p.m. 2. ROLL CALL Commissioners: _ Dale Carlson Present Thomas Connelly Absent Lorraine Fischer Present Clemence Kwapick Absent (resigned, but no replacement) P ) Greg Schmit Present 30 APPROVAL OF MINUTES Commissioner Carlson moved, and Commissioner Schmit seconded to approve the April 14, 1987, minutes as submitted. Motion carried, ayes all. 4. APPROVAL OF AGENDA The agenda was approved as submitted. 50 NEW BUSINESS a. Cottages of Maplewood (PUD /Variances /Tax- Exempt and Tax - Increment Financing) John. Bossardt (Bossardt and Christenson, developer) , Gary Tucci (Tucci -Montgomery , architect) and William Bissonett Arkell site manager) attended. Barbara Kilbourne (Walker Methodist, Hazel Ridge manager) also attended. PUD /Variances: Commissioner Schmit moved, and Commissioner Carlson seconded to recommend that the city council approve the recommendation presented in the staff report to: (1) Deny'the storm -sewer waiver request (2) Deny the concrete -curb variance request (3) Approve the PUD and five associated variances (less than two parking spaces and one garage per unit, less than 4,000 square feet of site area per townhouse unit, more than /o`f. Attachment 9 eight townhouse units in a' townhouse structure, and less than 20 feet of landscape buffer along the south property line) , subject to the conditions presented in the staff report. Motion carried unanimously. Tax Exempt -- Tax - Increment Financing: Commissioner Schmit moved, and Commissioner Carlson seconded , to recommend that the city counci approve the recommendation presented in the staff report for the Cottages of Maplewood to: (1) Grant preliminary approval of about $2.8 million in tax- exempt financing. (2) Grant concept approval for about $200,000 in tax - increment financing. Approval was subject to the recommended conditions. Motion carried unanimously Barbara Kilbourne, representing Hazel Ridge Seniors Residence, supports the HRA's recommendation to restrict the occupants of 75% of the units to 110% of the area median income. She believes this is an important safeguard to insure that this development will not have a negative effect on Hazel Ridge's ability to rent up and keep the more expensive Hazel Ridge units rented. b. HRA /HRC Liaison Commissioner Appointment, Commissioner Ca rlson moved, and C ommissioner Schmit seconded to recommend. that the city council appoint John Prey as th liaison commissioner between the HRA and HRC to replace Clemente Kwapick who has resigned as the liaison. 6. ADJOURNMENT Chairman Fischer adjourned the meeting at 5 p.m. �o Planning Commission - 3 Minutes 11- -16 -87 g. Code Amend nt: Setback to Residential Zones The main concern w th this ordinance was whether the equi red 20 -foot landscaped area shoe d be allowed - to e r f i f ' p owed b educed to feet screening was provided. Commissioner Ayers move the planning commi ss i n approve the ordinance, with the exception of sec ion 3, which would al 1 ow a 10 -foot landscaped area with screening. Commissioner Cardinal seconde Commissioner Goins moved the fol owi amendment: "The community design review board may allow the 1 ndscaped area to be reduced to ten feet if it includes the scree g requirements in Section 36-27(c)." Commissioner Fischer seconded Ayes -- Fischer, Fiola, Barrett, oins, Sletten Na s-- Sigmundi k, Cardinal, Ayers, Axd 1, Larson Motion failed. Voting on the origi al motion: Ayes - -Aye Cardinal , S1 etten, S i gmu nd i k, arson, Barrett Nays-- Axdahl, iota Abstentions: Goins, Fischer Motion approved. C. PUD, Approval for Reduced Parking and Variance: Woodlynn Avenue (Cottages of Maplewood) Secretary Olson gave the staff report. John Bossard, from Bossard- Christianson Development, answered questions on the project. Commissioner Goins moved the planning commission recommend: I. Approval of the resolution to approve the Cottages of Maplewood planned unit development for one year, subject to the following conditions: A. This development shall not be converted to nonseniors housing without revision of the planned unit development. For purposes of this permit, seniors. housing is defined as a residence occupied by persons that are 50 years of age or-older. _ Planning Commission - 4 - Minutes 11 -16 -87 B. Trailers and vehicles that are not required for day -to -day transportation needs shall not be parked on -site, unless the city determines that there are excess parking spaces available. C. If council determines that there is insufficient on -site parking of ter one year of 95% occupancy, additional parking may be required. D. Adherence to the site plan date - stamped October 1, 1987 and the floor plans date- stamped September 29, 1987., with the changes required by the community design review board. Future changes may be approved by the community design review board. LI. Authorize 87 parking spaces, including 40 garages, rather than the code requirement of 120 spaces, including 60 garages, on the basis that: A. T1he parking - space requirements contained in the zoning code do not realistically apply to the proposed development, because these requirements are designed for family housing and do not consider the fewer number of cars per unit needed for senior housing. B. The city has approved a reduced number of parking spaces and garages for all previous senior developments. C. The reduced number of parking spaces has proven adequate for a s i m i l a r project in Stillwater. III. Deny the concrete curbing variance, on the basis that: A. Omitting the curbing would not produce a development of equal or superior quality to that which would result from strict adherence to the ordinance. Curbing adds to the aesthetics and drainage of a site. Curbing also provides a definitive boundary for the parking spaces and the driveways that will prevent rollups onto the yard area, as well as significantly reduce the potential for yard damage from snowplowing. B. The variance is not required for reasonable and practicable physical development of the site. Rather, this variance is proposed solely on the basis of financial considerations. C. Each of the other subsidized seniors residences has provided concrete curbing. IV. Approval of a ten -foot setback variance from the south lot line, provided screening is included that meets the screening requirements- of Section 36- 27(c). Approval i s on the basis that: A. There is a need for senior housing. B. Senior housing creates less noise than a conventional multiple- dwelling project. C. The building is only one - story. Planning Commission — 5 — .Minutes 11 -16 -87 D. The configuration of the buildings is unique. E. Certain regulations contained in this chapter do not realistically apply to the proposed development because of the unique nature of the proposed development. F. The variance would be consistent with the purposes of .th i s chapter. G. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions I of this chapter. H. The variance would not constitute a threat of a substantive nature to the property values, safety, health or general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health safety, morals or general welfare of the people. I. The variance is required for reasonable and practicable physical development and is not required solely on the basis of financial considerations. Commissioner Fischer seconded Ayes - -Goi ns, Fischer, Ayers, Barrett, Fi of a, Si gmund i k, Sl etten Nays -- Cardinal Abstentions -- Axdahl, Larson D. Tax — Exempt and Tax — Increment Financing: Cottages of Maplewood Secretary Olson e x p l a i n e d the staff report. Commissioner Goi ns moved the planning commission adopt the following resolution: RESOLUTION OF.THE MAPLEWOOD PLANNING COMMISSION FINDING THE CITY'S ADOPTION OF THE MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING PLAN FOR HOUSING DISTRICT NO. 1 -3 TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY WHEREAS, the City's adoption of the modified Development Program for proposed Development District No. 1, as enlarged and Tax — Increment Financing Plan for Housing District No. 1 -3, has been submitted to the Maplewood Planning Commission pursuant to Minnesota Statutes, Sections 469.124 through 469.134; Planning Commission — 6 — Minutes 11 -16 -87 WHEREAS, the Planning Commi ss i.on has reviewed the proposed modified Development Program and Tax - Increment Financing Plan for. Housing District No. 1. 3 to determine the consistency of the Development Program and Tax— Increment Financing Plan to the .Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED, by the Maplewood Planning Commission that the modified Development Program and Tax - Increment Financing Plan for Housing District No. 1 -3 is consistent with the Maplewood Comprehensive Plan. Adopted: November 1987. Chair Attest: Secretary Commissioner Ayers seconded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fiola, Fischer, Goins, Larson, Si gmund i k, Sl etten E. Planning Commi sion Appointment Commissioner Si ette moved t t the vacancy created by the election of Commissioner Ross ach be advertised and interviews held according to the rules of prose ure. Commissioner Goi ns seco'n ed. Ayes -- Axdahl , Ayers, Barrett, Cardinal, Fi of a, Fischer, Goi ns, Larson, Sigmund i k, Sl etten N. UNFINISHED BUSINESS X, COMMISSION PRESENT IONS A. Council Meeti g: Novemb 9 1987 XI. STAFF PRESENTAT NS A. Council Me ti ng -- November 2 1987: Albert Goi ns XII. ADJOURNMENT Meeting ad j urned at 10 :40 p.m. MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD TUESDAY, NOVEMBER 24, 1987, 7 P. M, . 1830 EAST COUNTY ROAD B, MAPLEWOOD. MINNESOTA I. CALL TO ORDER Chairman Moe . called the meeting to order at 7:05 p. m. II, ROLL CALL Donald Moe Present Tom Deans Absent Bob Peterson Present = Jim Kochsiek Present Earl Marlo Prese Marvin Eric on Pres t III, APPROVAL OF MI UTES A. July 28, 198 The minutes of Ju 28, 19,87, were tabled due to lack of a quorum. B. October 27, 1987 Board Member Peterson o ed approval of the minutes of October 27, 1987, Board Member Erick on secon d Ayes- -all C. November 10 ' 1987 Board Member K�ochsi ek moved appro al of the minutes of November 10, 1987. Board e r M mb Erickson seconded Ayes --all IV. APPROVAL OF AGENDA Board ember K hsiek moved of the agenda as submitted. Board Member Peterson seconded Ayes - -all V. UNF IS BUSINESS VI. DESIGN REVIEW A. Plan Review -- Cottages of Maplewood Jo P John Bossard was resent representing Arkell Development. He discussed the project with the board. Gary Tush, architect for the project, was also present. Community Design Review Board - 2 .Minutes 11 -24 -87 Board Member. Peterson moved approval of site and architectural plans date - stamped October 29, 1987 for the Cottages of Maplewood, subject to: 1. Approval of plans by the Community Design Review Board does not constitute approval of a b u i l d i n g permit. 2. All trash dumpsters shall be stored in screening enclosures with a 100% opaque wooden gate and shall be a color and.material compatible with the building. Enclosures shall be protected by concrete-filled I teel posts or the equivalent, anchored in the ground at the front corners of the structure. If the enclosed is masonry, the protective posts may be omitted. 3. Any exterior building or roof -top equipment shall be decoratively screened and hidden from view. 4. If construction has not begun with 18 months of approval, board review shall be repeated. 5. Site security lighting shall be provided and shall be directed or shielded so not to cause any undue glare onto adjacent properties. or roadways. 6. If any adjacent property is disturbed or property irons removed due to construction of the site, that property shall be restored and irons replaced by the applicant. 7. The landscape plan shall be submitted for review board approval identifying the placement, quantity, size and species of all planting materials. Landscaping and screening shall comply with Section 36 -27. 8. Reflectorized stop signs shall be placed at each exit. 9. All boulevard that is disturbed due to this construction shall be restored and resodded. 10. Any waiver of the parking code shall be subject to council approval., 11. The applicant shall construct an eight - foot -wide asphalt sidewalk along their - entire north property l i n e on the boulevard. This sidewalk shall also abut the east 20 feet of the Salvation Army Church site if that portion of land becomes incorporated into the Cottages' site. The sidewalk shall blend to meet all driveway crossings to avoid any severe drop in grade. The construction specifications are subject to staff approval. 12. The property property the east+ Cottages approved applicant shall present proof of ownership of the 20 feet of (the Salvation Army Church site) along the west line of his or revise the site plan to fit the existing lot lines. If erly 20 feet of the Salvation Army site is used for the development. the Salvation Army plan must be revised and by the Community Design Review Board. Community Design Review Board -- 3 Minutes 11724 -87 13, Approval of drainage, utility, .grading and erosion control plans by the city engineer. These plans shall include, but not be 1 imi ted to construction of on -site storm sewer. If the site will drain south, a pond must be included in the southeast corner of the site and an outlet pipe from the pond to the storm sewer pipe in Lydia Avenue. • 14. The driveways shall be posted for "No Parking --Fire Lane ". 15. Submittal of a letter of credit and developers agreement for; a. The restoration of Wood l ynn Avenue. s b. The pond and outlet pipe, if needed. 16. The west north /south driveway shall be named "Frederick Lane" and the east north /south driveway shall. be named "Beebe Lane ". The names of the center driveway and the east /west driveway shall be approved by the director of , public safety. 17. The address for each of the units shall be posted to be readily visible from the driveways. _ The location and size of the numerals shall be approved by the director of public safety. 1810. Provide concrete curbing as required by city code. 19. The applicant shall provide a monetary guarantee, in a form acceptable to staff, in the amount of 150% of the estimated cost of any site improvements that are not completed by occupancy. Board Member Kochs i ek seconded Ayes--all B. Ord i nan - -Metal torage B u i l d i n g s Board Member Ma to moved the board recommend adoption of the ordinance to allow metal S t rage buildings in an M -1, light manufacturing zone, and also in BC, bus i n ss commercial zones by conditional use permit. Board Member Erg ckson econded Ayes - -all VII, VISVWR PRESENTATIONS VIII. BOARD MESENTATIONS IX. .STAFF PRES'UTATIONS X. ADJOURNME Meeting a t 7:45 p.m. s Action b AI n orsed d- MATERIAL EXTRACTION AND HAULING' ect 'L, , Sec. 36 -582. Purposes and intent. D The purpose of this ordinance is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for construction activities within the City of Maplewood; and to control the effect of construction activities upon adjacent properties and other areas of this city. Construction activities included but are not limited to activity done with the use of construction machinery, such as trucks, backhoes, front end loaders, bulldozers, scrapers, dewatering equipment and compaction equipment. Sec 36 -583. Applicable to areas where removal of minerals is allowed. This article shall apply to areas operated for the production of public water supply within the city in which the removal of minerals, including sand and gravel, is a permitted or special use. The standard and requirements set by this article shall govern the issuance, renewal and termination of the material extraction permit required by Section 36 -585 of this article. Sec. 36 -584. Definitions The following words, terms and phrases shall have the following meanings respectively ascribed to them: Dust: Air -borne particulate matter other than smoke. Extraction permit or permit: The permit required by Section of this article. Material: Nonmetallic material found in the earth including, but not limited to sand,*gravel, rock and soil, which may be covered by • overburden and lime material resulting from the water treatment process. - Mining or extraction: The removal and processing of materials. overburden: Those materials which lie between the.surface of the earth and material deposit to be extracted. Rehabilitation: To renew land to self- sustaining long -term use which is compatible with continguous land uses, present and future, in accordance with the standards set forth in this article. Topsoil: That portion o -f the overburden which lies closest to F the earth's surface and supports the growth of vegetation. Sec. 36 -585. Permit required. Except as otherwise provided in this article, it shall be unlawful for any operator to engage in the extraction of materials in the city without having first obtained a written per from the city .authorizing the same in accordance with this article. Sec. 36 -586. Exemptions from permit requirements; emergency exceptions. The permit requirements established by Section 36 -585 of this article shall not apply to on -site emergency work necessary to preserve l i f e or property. . When emergency work is per tormed under this section, the operator performing it shall report the pertinent facts relating to the work to the city manager prior to the commencement of the extraction. The city manager shall review the facts and determine whether an on -site emergency exists, and shall by written memorandum authorize commencement of the on -site emergency: exception if he so determines. An operator commencing on -site emergency work shall, within ten (10) days following the commencement ' of that activity, apply for the issuance on the' issuance thereof shall be require determined to be reasonably necessary to impairment occasioned by such work. The authorize an on -site emergency exception to preserve life or property relative to opearation processing a valid permit. If of an extraction permit and 3 to perf orm such work as correct any environmental city manager may also for similar actions necessary a material extraction action contrary to the existing permit or conditions attached thereto is necessary for safety _s reasons the city manager may, upon review of pertinent facts, .authorize an emergency exception. Sec. 36 -587. Applications for permits; procedures, contents of application. (a) An application for a mineral extraction permit shall be processed in accordance with the same procedures and requirements specified in Section 36 -436 Et Seq., of the code relating to conditional use permits. (b) An application for a material extraction and hauling permit shall contain: (1) The name and address of the operator and owner of the land; (2) The correct legal description of the property where the extraction is proposed to occur; (3) A certified abstract listing the names of all landowners owning property within 350 feet-of the boundary of the property described above, and landowners adjacent to proosed haul roads within one -half mile of the extraction site; (4) Specifications of the following, using appropriate maps, photographs and surveys: 3 s a. The physical relationship of the proposed work area to a - the community and existing; b. Site topography and natural features including location of watercourses and water bodies; C* The description and quantity of material.to be excavated; d. The depth of water tables throughout the area; and (5) The purpose of the operation* (6) The estimated time required to complete the .operation; (7) The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of. water; (8) Travel routes to and from. the site; (9) The plans for drainage, wind and.water erosion control, site security, sedimentation and dust control. (10) A geology report analyzing structure, soils and related geological factors to determine appropriateness of the proposed operation as well as suitability of site to support subsequent use; (11) A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate, using appropriate photographs, maps and surveys, the following: a. The contour of land prior to excavation, after completion of excavation and after completion of rehabilitation; 4 b. Those areas of the site to be used for storage of topsoil . and overburden; c. A schedule setting forth the timetable for excavation and rehabilitation of land lying within the extraction facility; d. The slope of all slopes after rehabilitation and description of the type and quantity of plantings where revegetation is to be conducted; and e. The criteria and standards to be used to achieve final rehabilitation as well as intermittent stabilization. (12) A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints Sec 36 -588. Council review and approval of overall plan; function of renewable annual permits. (a) Approval by the city council of the plan outlined in the application for a permit under this article shall be for a period not to exceed five (5) years. An overall plan for material extraction will be reviewed by the city council. (b) Implementation of the overall plan shall be by means of renewable annual material extraction permits. The purpose of the renewable permit is to assure compliance with the longer - range overall plan and to retain - the ability to modify existing or to attach new conditions in accord with changing characteristics of the site or its surroundings. Sec. 36 -589. Termination of permite - (a) The material extraction' permit may be terminated for violation of this article or any conditions of the permit. No permit m a y Y be. terminated until the city council has held a public hearing to determine whether the P ermit shall be terminated, at which time the op erator shall be afforded an opportunity to contest the termination. P �' The city may establish certain conditions, which if not Y complied with, will result in immediate suspension of operations until said P ublic hearing to consider termination of the permit can be held. (b) It shall be unlawful to conduct mineral extraction after a permit has been terminated pursuant to this section. Sec. 36 -590. Annual mineral extraction permits; renewal; conditions. (a) Request for renewal of an annual mineral extraction permit shall be made sixty (60) days prior to the expiration date. If application or renewal is not made within the required time, all operations shall be terminated, and reinstatement of the permit may be 9 P ranted only upon compliance with the procedures set forth in this article for an original application. (b) An extraction permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this article when such conditions are reasonable and necessary to ensure Compliance with the requirements and purpose this article. When such conditions are established, they shall be set forth specifically in the P ermit. Conditions may, among other matters, limit the size, character of the proposed operation, re kind or c wire the construction p p P q re r e q uire the staging of extraction over a time period, of structure, q 9 9 Cei require the alteration of the site design to ensure compliance with the standards, requite the provision of a performance bond by the operator to ensure compliance with these regulations in this article or other similar requirements. Sec. 36. -591. Issuance of permit imposes no liability on city and relieves the permittee of no responsibilities, etc. Neither the issuance of a permit under this article, nor compliance with the conditions thereof or with the provisions of this article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this article serve to impose any liability on the city, its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this article does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. Sec. 36 -592. Fees. A schedule of fees for the examination and approval of applications for mineral extraction permits under this article and the inspection of material extraction operations for compliance with the conditions of this article and the permit shall be determined by resolution of the city council, which may, from time to time, change such schedule. Prior to the approval and issuance or renewal of any material extraction permit under this article, such fees shall be paid to the city and deposited to the credit of the general fund. Sec. 36 -593. Performance bond or irrevocable letter of credit. Prior to the approval and issuance of any mineral extraction permit, there shall be executed by the operator and submitted to the ' 7 city manager an agreement to construct such required improvements, to dedicate such property or easements, and to comply with such conditions as may have been established by the city council. Such agreement shall be accompanied by bond with surety or condition acceptable to the city manager in the amount of the established costs of complying with the agreement. The aforesaid agreement bond or letter of credit shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the city council. The adequacy, conditions and acceptability or any bond or letter of credit hereunder shall be determined by the city manager. Sec. 36 -594. Hold harmless agreement and insurance. Any operator issued a permit under this article shall furnish the city with a "hold harmless agreement," subject to the approval of the city attorney, and shall provide evidence of, and shall maintain in force at all times, comprehensive general liability and automobile liability insurance with limits of at least $300 bodily injury and $100,000 property damage liability with the city shown as an additional insured for this operation. Sec. 36 -595. Standards -- Extraction site location. Operations permitted under this article shall not be -- conducted within: (a) Fifty (50) feet of an existing street or highway; (b) Thirty (30) feet of the right -of -way of an existing public utility; (c) Fifty ( 50 ) feet of the boundary of any zone where such operations are not permitted; or (d) Thirty (30) feet of the boundary of an adjoining property not in mining use. Sec. 36 -596. Same -- Fencing. During operations permitted under this article, any area where collections of water are one and on (1 1/2) feet in depth or more, or where excavation slopes are steeper than one foot vertical to one and one -half (1 1/2) feet horizontal, and any other areas where obvious danager to the public exists, shall be fenced when such a -- . situation has existed or will exist for a period of five (5) working days or longer. The city engineer shall review such fencing to assure its adequacy. He may waive this requirement or require additional measures based on his judgment and the characteristics of the particular instances. As an alternative, the city engineer may require perimeter fencing of the entire extraction.site. Sec. 36 -597, Same -- Appearance and screening at the extraction site. The following standards are required at the extraction site of any operation permitted under this article: (1) Machinery shall be kept in good repair and painted regularly; (2) Other than emergency or minor repairs, vehicle and equipment repairs shall be made off the site; (3) Abandoned machinery, inoperable equipment and rubbish shall be removed from the site regularly; (4) All structures that have not been used for a period of one year shall be removed from the site; All equipment and tem orar structures shall be removed and t5 ) temporary , dismantled not later than one (1) month after termination of the extraction operation and expiration of the permit; 9 ■ s (6) Where practical, stockpiles of overburden and materials - shall be used to screen the extraction; (7) The perimeter of the site shall be planted or otherwise screened when such is determined by the city council to be necessary; (8) Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting of trees, shrubs and other ground cover along all setback areas. Seca 36 -598. Same -- Operations; noise; hours; explosives; dust; water pollution; topsoil preservation. The following operating standards shall be observed at the extraction site of any operation permitted under this article: (1) The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. (2) Extraction and hauling operations shall be performed during only those times established by.the city council as part of this permit. (3) The use and handling of explosives shall not be allowed. (4) Operators shall utilize all practical means to reduce the amount of dust, smoke and fumes caused by the operation including but not limited to dust on public roads caused by the hauling operation. In :no case shall the amount of smoke, fumes, dust or other particulate matter exceed the standards established by the Minnesota Pollution Control Agency: • 10 �7 s (5) operators shall utilize all practical means to eliminate vibration. on adjacent property from equipment operation. (6) operators shall comply with all applicable city, county, state and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated wash shall be y deposited in any lake stream or natural drainage system. (7) All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. Sec. 36 - 599. Same-- Rehabilitation standards. The following rehabilitation standards shall apply to the extraction site of any operation permitted under this article: (1) Rehabilitation shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another part of the extraction site. (2)' All banks and slopes shall be left in accordance with the rehabilitation plan submitted with the permit application. No rehabilitation slopes shall be steeper than five (5) feet horizontal to one foot vertical; except that steeper slopes may be permitted in accordance with the rehabilitation plan when said slopes are planned for approved recreational uses; . for example, ski hills and sliding hills. (3 ) Slopes, graded areas and backf i ll areas' shall be surfaced , • with at least three (3) inches of topsoil and planted with 71 i ground cover sufficient to hold the soil. Such ground cover shall be tended as necessary until it is self - sustained. (4) All water areas resulting from excavation shall be eliminated upon rehabilitation of the site. In unique instances where the city council has reviewed ro osals for P P water.bodies at the time of approval of the overall P lan and has determined that such would be appropri P ate as an open space or recreational amenity in subsequent reuse of the -- = site, water bodies may be permitted. ( 5) No part of the rehabilitation area which is planned for utilitization for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to a sanitary or storm sewer. 4 12 -18 -87 r MEMORANDUM. Endorsed odif fi o . TO: City Mana g e r ae FROM: Associate Planner -- Johnson 1 �ate ®M4 SUBJECT: Code Amendment (Gas Pumps in a BC -M District APPLICANT: City Staf DATE December 3, 1987 SUMMARY Introduction Staff is requesting that council amend the BC (M) , business commercial (modified) zoning district to allow gas sales with no more than two pumps on a single island, Background 16 4- 28 -86: Council moved first reading of an ordinance to amend the BC (M) zoning code to allow motor fuel pumps with convenience stores as a conditional use. 29 5-12-86: Council denied the above amendment at second reading. Richard Schreier had requested the amendment for a convenience shopping center at Southlawn Drive and Beam Avenue. His ro osal was for two pump islands, P P 3. 7- -27 -87 : Council amended the LSC land use plan designation to allow "gas sales with no vehicle repair or maintenance and with no more than two pumps on a single island to service up to four vehicles at one time. " 4. Section 473.865, Subdivision 3 of State Statutes states that: "If an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the _ plan so as to not conflict with the amended comprehensive plan." Comment: No zoning district that is compatible with the LSC designation allows motor fuel sales. The deadline to amend the e zoning code is April, 1988, Discussion The BC (M) zoning district is the most appropriate district to amend It is the most intensive of the districts compatible with the LSC land use designation. 'Also, each of the BC (M) districts is P lanned for LSC use. Recommendation Adopt the ordinance on page 6. REFERENCE Communi tv Services The results of a 25 -city survey regarding the regulation of convenience fuel_ stations is on page 3. Twenty -two of these 25 cities allow convenience fuel salesIin neighborhood commercial districts that abut residential districts, generally by conditional use ermit However, only ne of •P y these communities, Coon Rapids, limits the number of pumps, such as proposed for the Maplewood code. Areas Af fected A map of the location of each BC (M) zoned parcel that is planned for L SC use is on page 5. j 1 Attachments 10 Community survey 2. Map of BC (M) property planned for LSC use 3. Proposed ordinance 2 COMMUNITY SURVEY Regulation of Convenience Shopping with Gas Pumps (No Repair Facilities) Permitted in,Neighborhood Shopping Districts Adjacent to Residential Uses How Regulated .Apple Valley Yes CUP for the s um P P - Blaine Yes CUP Brooklyn Center Yes Not permitted to abut single dwelling 9 . or town house districts. Requires a CUP when abutting other residential uses. Burnsville Yes CUP - -No canopies for pumps in neighborhood convenience shopping centers. Gas must be a secondary use. Columbia Heights Yes CUP -- Canopy must meet a fifteen —foot front yard setback. Landscaping and screening between pumps and residential uses. Coon Rapids Yes CUP - -Fuel must be a secondary use. A maximum of two pumps per neighborhood center. Cottage Grove Yes CUP Crystal Yes CUP Eagan No Fridley Yes CUP Golden Valley Yes CUP for the pumps P Little Canada Yes CUP- -Pumps must be set back at least twenty feet. Maple Grove No New.Brighton Yes CUP -- Canopy must comply with front and Py y building setback requirements, gas must be secondary use. New Hope Yes CUP - -Gas must be a secondary use North St. Paul Yes CUP Oakdale Yes Permitted Use. Limited to four self—service service pumps. 100% opaque, 10 —foot high screening when within 75 feet of abutting residential property. Gas must be a secondary use. 3 Attachment One Permitted in Neighborhood Shopping Districts Adjacent to Residential Uses How Regulated Plymouth Yes CUP Roseville Yes CUP Shoreview Yes Permitted.Use. Twenty—foot landscaped area y p and no outside displays. South St. Paul Yes CUP -- Pumps must be screened from residential uses. Vadnai s Heights Yes CUP -- Greater setbacks than normal, limit the hours of operation. West St. Paul Yes CUP White Bear Lake Yes CUP 2 I r R Yo k / Mill PC 'Beam Avenue - JL—. R ff I Ou • !`� ~ *j ec r..t Ul #At NO - . ��r ...�th1e: W 44— via J �:�� /� •�� if [.tee �Ce �( t;-a- v .1116 p END �]Lk ip FroSt Avenue-- '-�..� , ; ; < �i ,.�.,,, `'�1 Vi i" .� , "� F1 _�� E �� ry ar sr P*L 44 4 (A .c K I R I. J�_ • its wa Avenu* O ORDINANCE N0, AN ORDINANCE REGULATING MOTOR FUEL SALES IN BC (M) COMMERCIAL DISTRICT (MODIFIED) ZONING DISTRICTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36 -155 (c) , (d) , (3) and (f) is amended as follows ( language to be added is underlined and language to be deleted is crossed out) : (c) She -ira-1 Conditional use permit. The following uses may be allowed h � ��` when authorized i zed by the city council by means of a s��� -a1 conditional use permit: (1) All uses permitted in R--3, Multiple Dwelling Dis tricts , e*eeft - -t (2) Laundromat or similar automatic self -- service laundry. (3) Restaurant, where there are no drive - order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residences, (4) Place of amusement, recreation, or assembly, other than a theater, where there are no outdoor activities. (5) Gas sales, with no vehicle repair or maintenance and with no more than two pumps on a single island (d) Prohibited uses: (1) Drive -in theaters or drive --in restaurants. (2) Commercial or fee parking lots where such use is the only use of a given parcel or where such use provides for general rather than specific use parking. (3) Uses that involve the exterior storage of equipment, goods or materials. (4) Car wash (5) Public (6) Compressed natural gas or liquid petroleum gas dispensing facilities. (e) Definitions: "Drive -in restaurant" means a restaurant with a drive -up order window or serving of food to patrons in their automobiles. 6 Attachment 3 (f) Setback from property zoned residential 44i-e- All buildings or accessor structures, except trash enclosures_,__ but includin fuel pump islands and canopies shall have minimum side and rear E yard setbacks of fifty (50) feet and a minimum front and of thin Y setback y (30) feet. These minimum required setbacks shall be increased, not to exceed seventy -.five (75) feet, subject to the most restrictive of the following requirements (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height, (2) Exterior wall area: Where an exterior wall faces a residentially -zoned property, the wall setback shall be increased five (5) feet for each one thousand (1, OOO) square feet, or part thereof,, in excess of two thousand (2,000) square feet. Section 2. This ordinance shall take effect upon its asses a and publication, p g Passed by the Maplewood City Council this day of , 1987. Mayor Attest: City Clerk Ayes-- Nays -- 7 Planning Commission _ 3 _ Minutes 12 -7 -87 1 • Limitation 'of the hours f operation, J 20 Limitation of the h b� of the i g, dkes. : r 3. Rehabi 1 i tati on 's teeh i n 4. No on —site re ii machinery, 5. Require per, i t appl i ti on to state the c e how a will deal with concerns area res i nts. COMi ssi one Cardinal second Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fi of a, Goi ns, Larson Rossbach, S i gmu nd i k, S 1 etten ' E. Code Amendment: BC(M) District , Gas Pumps Commissioner Ayers move • M Y m d the planning commission amend the BC business commercia ' BC( M), • Codified) zoning district to allow with no more than two Pumps gas sales p p on a single island, Commissioner Goi ns seconded Ayes -- Axdahl, A ers Bar rett, ett, Cardinal, Fiol a, Goi ns, Larson, Rossbach, sigmundik, Sletten F. Vari ancet, Bradley (Desoto As soc i at es) Secretary Olson' the staff re • Po and discussed the proposed lot width v ari anb,e with the commission s, Richard Schreier, 2.125 Desoto ue '' • in the q , $t� oned the minimum imum frontage required ordinances, Commissioner Cardinal fioved the 1 ann i n • lot width vari p g commission i on approve the 2.7 —foot ance for Lot 4,;` Block 1 Kodale Addition : • - ton for the constructs an of a double dwell on UA basis that. 19 There are townhouses-' to'�-.the south • . �, ,double dwell � ngs across the street and multiple dw l i ngs� across the street, f 2. R -2 toning 3. Change in tho ordinance two • ye s prior (from 75 feet to 85 feet). f 4. Lot . s i ie 3"A' excess of 24, 000 s ua q feet f Commissione ' dyes- -Cards Ross seconded • nal, S1 etten, Rossbach Nays -- Barrett, F i o l a, Ayers y + S i gmund i k, Goi ns, Larson, Axdah l Motion failed, o di.-11' e Pej ected,... Dat e TO : FROM: SUBJECT: DATE: Cit Manager Director of Communit Development Dege Garden Center December 30,, 1987 Thy . is item was tabled from the December 28 meeting to await a court decision regarding the garage on the site. The decision has since been . made in favor of the cit A cop of the decision is a ttached.. Council also directed the cit attorne to arrange a meeting with Mrs Dege's attorne and the attorne for some of the neighbors to see if a compromise can be worked out, it � MEMORANDUM TO FROM SUBJECT: DATE: City Manager Director of Community Development elopment Rezoning Initiation- -Dege Garden Center November 17 19$7 .Introduction 1. George Dege is re ues ' q tang that the city initiate a rezo for his outdoor sales area, requesting (Refer to his letter on page 2 . He is re q i ng th i, s because it is the city � p g ) at the outdoor sales area cannot attorney s opinion that of be approved as a conditional us permit. The city must rezone the outdoor sales area or amend the he code to allow such use in an R -1 plan amendment , single dwelling zone. In addition, a p ndment will be needed for a rezoning, • the entire Dege pro ert oning, since p Y is designated RL, residential to y. Section 473.865. Subdivision 2 of w densit t an state law states that a city shall not adopt y official control which is in con ' with its comprehensive p lan. flict 29 A review of the. conditional oval use permit issued on December 1986 .. is required. (Ref to the 8 e e condltlonal use permit on page C ) of city code requires that " p g 4' Section 36 -442 perm -its shall be reviewed b all conditional use date of initial Y the council within one year of ial approval. Y the Background On December 8, 1986, . council ' 11 revised the previousl a ro conditional use permit for the D y pp ved an .outdoor sales area under the Dege Garden Center site to allow existing canoe A re Mr. Dege to include a residenti y• quest by denied. On Ma al garage he had constructed w Y 12, 1986 a court order re uir as the garage to remain. This decision q ed the city to allow was appealed b the ' the Y city and is being considered by court of appeals, Alternatives 10 Deny the request to initiate the rezoning. M petition s' g r• Dege would then have to get a p signed by 50% of the property owners within 200 feet. If Mr. Dege cannot et a • wire the g petition, the city would have to re q e removal of the overhead canopy and outdoor sales in the R -1 zone. 2. Initiate an amendment to the code to allow outdoor garden sales in an R -1 zone by conditional use permit. This would allow the city_ to control Mr. Dege's plant sales through ermit g P conditions. It would also allow similar uses in other R -1 districts. 3. Initiate a rezoning to'BC, business commercial and a plan amendment.. This would allow the future use of the outdoor sales area. for other commercial uses. The design, however, could be controlled by the design review board. Recommendation I. Initiate a revision to the conditional use P ermit to delete the approval of outdoor sales in the R -1 zone. II. Initiate a rezoning to BC for the outdoor sales area and a plan amendment from RL, residential low densit y to SC .service commercial for all the commercial uses on Century Avenue, south of Seventh Street, provided that Mro Dege'submits an application PP n for design review board approval to upgrade the outdoor sales area and screen the adjacent residential lot at 814 Mayhill and pays the $150. application fee for the plan amendment. mb Attachments 1. Letter,, George Dege 2. Conditional use permit 3.. Land Use Plan 4. Site Plan 5, Letter, Carl Norberg, 6. Staff reply 7, Plans, separate attachment 8. Court decision 2 Jeff Olson City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 Dear Sir: Regarding the continued controversy over Dee Garden ' g Center's Plant Area, I would like to point out some facts and ask the city council as follows: nc some q u estions (1 ) Although we have been selling pmts (a most important part of our business) in the fenced area since 19 and • 97 under a canopy since 1981, it seems to met that with no complaints for 10 years this has never for the neighbors -Please be i been a problem reformed that . Mr. Drwyer cut down all the screening hedge of lilacs that ran between our Properties. ,� p P S• The hedge was. 10 to 12' in height. He then planted small plants in that area. (2) The garage for my R.V. seems t have been the sore spot with him and a few others. By making life miserable the plant area, maybe he is regarding f eels satisfaction. • ng some (3) In Nov.-Dec. of 1986, . the continued y our c until voted, approved, and passed ed use of the plant area. The neighbors didn't raise Now that the R.V. garag is finished se any objections. . Again, isn � it seems that. the plants are ob jectiorab�.e._ A _. g , t this just sour grapes? - (4) If the Council is now e� to rescind g ng a cind their agreement on the plant area because of the Special Use Permit, I would like the Council to vote on approving the Fenced in Area be re -zoned Commercial. T the problem of spec use, That would eliminate -.,_ . »...... - .. .. ..' ...... ..,::. ....: ..;.. >. ... .....:..r.} ..n. ..r, a..:... , :.: ........ rrr .:.rri.r.- Jilt GARDEN CENTER 612=739=83014 831 CENTURY AVE. NOv SAINT PAUL MINNESOTA 55119 (5) The Council M embers were supportive of our plant area and t pp p a he fact that if we lose this area, our business would no longer exist. We are only open 9 'months and all the sales dollars generated by this area are a must in order for us to pay taxes and stay in operation, (6) We at D eg e' s feel that with your approval in 1986 regarding he plant g P area it would be a good gesture to try and reconcile the objection that this is a Special Use Permit, therefore, we can't sell plants there. That objection doesn't make sense to me Apparently your staff, lawyers, and council didn't think so either. (7) We spent the $ 150.00 for this ro osal to be heard in 1 86 and P P 9 we consider it still the same monies for the same item that was ' on your agenda back in 1986. (8) I feel that the Council can handle this quickly. If PP ou approve the Y Commercial re- zoning of the plant area over the Special Use Permit for the same area, it may eliminate this petty , nitpicking because someone didn't get their way, I am looking forward to working with you on a positive decision for our plant area. We've been in. Maplewood for 19 years. It would be a shame to close our doors over this. Yours in serving the community, 4 Gorge S. ge President Dege Garden Center LAWN and GARDEN CENTER -- GROWERS SUPPLIES 4 -x r • k-undl tionai Use Permit Revision 831 No. Centur Aven Y ue a. Director of Community Development . P Olson presented the Staff report. d4 be, Councilmember Bastian i . introduced the following resolution and moved ' adoption its 8 - 12 -207 WHEREAS, George Dege initiated a conditional use permit revision fora parking lot, outdoor sales area and residential garage in an R -1 zone at following- described property: the Lots 31 and 32, Block 1, Cahanes Acres This property is also known as 831 Nor . th Century Avenue, Maplewood; WHEREAS, the procedural hist • follows: o rY of this conditional use permit is as 1• This use permit revision n was initiated by George Dege , Pursuant to the Maplewood Code of Ordinances. 2 • This conditional use ermit P revision was reviewed by the Maplewood . Planning Commission. on November 17 1986. The planning Commission recommended to the City Council that said permit be approved. P ed. 30 The Maplewood City Council held • 1986. Not' a public hearing on November 24, ice thereof was published and mailed pursuant persons present at said hearing ant to law. All were ' g given an opportunity to be heard and present written statements. The Council also considered re orts Planning Commission, and recommendations of the City Staff and P1 P on. 4. The City Council gave relimin P ary approval to the conditional use permit, except for the residential ara a on g 9 , November 24 and tabled final action until December 8, 1986 revised, to have the resolution NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEW O<JD CITY COUNCIL that the 1971 conditional use permit .for an off - street parking lot is renew • renewed and revised to allow an expansion of the parking lot from 28 to 33 s ]?aces and an outdoor sales area under an approved canopy, the residential garage is denied on basis that a garage is not ' the 'parking' as envisioned in the original conditional use permit and is, therefore, beyond Y cope o f a use . Ap- proval of the permit is based on the following findings: 1. The use is in conformance with the City's • y s comprehensive plan and with the purpose and standards of the zoning outdoor sales are nonconforming co d e• The Parking lot and g uses. The parking lot is needed to comply with City * parking requirements. 2. The establishment or maintenance of the use se would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintain compatible with the c maintained and operated to be character of that zoning district.. 12 /g Attachment 2 5 M t 4. The use would not .depreciate property values. 5. The use would not be hazardous, detrimental or disturbing 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 generator only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking - needs that will cause undue burden to the area prop- erties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and narks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would, not be detrimental to the welfare of the City. 9. The use would ,preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions. 1. The site plan submitted by Mr. Deqe on October 27, 1986, except for the garage, shall be considered as part of this permit. Any change must be approved by the Community Design Review Board. 2. The parking lot may only be used for parking for the Garden center building. 3. 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 conditional use permit is issued, except under the approved canopy. The canopy shall not be enclosed. Sales shall be limited to nur- sery plants and covering straw from April through September. No other type of sales or storage shall be allowed. 4. No portion of this site shall be used for truck or trailer storage. 5. 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. 7. No exterior lighting or speakers shall be allowed. _ Seconded by Councilmember Wasiluk.. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nays - Councilmember Juker. C. Council referred the question of the City participating in the costs to remove the garage to the legal staff. 6 1 t` I• • •. r .. ...... ..... ......... ..•... .... .....•....... .. «mss w .. ".... •1 •.. .r:i•�. .+.. ...... •. .... .•..«� • •� ♦�crr sv. +G... ... y': • ��""• Larpenteur �y aloft. •� R' 1 I w s di • sow I no • • o . Maryland Ave, m Sti•1lwater Road SC • 1 , s••••." Harvester w 1 '• AC vp Minnehaha t t- Conway SC ` Revi`sed: . 3 -3 -83 � inter 4 -15 -83 change I - 94 6-27 -83 ' 1 -Z3 -84 4 -8 -85 r 10-10-86 beaver Lake ma le wood NEIGHBORHOOD LAUD USE PLAN ' •. Attachment 3 7 19 -21 1 SC .t AC vp Minnehaha t t- Conway SC ` Revi`sed: . 3 -3 -83 � inter 4 -15 -83 change I - 94 6-27 -83 ' 1 -Z3 -84 4 -8 -85 r 10-10-86 beaver Lake ma le wood NEIGHBORHOOD LAUD USE PLAN ' •. Attachment 3 7 19 -21 e�AlTvXY AvE , r v m 8 Attachment 4 1 � • +� V \• ',•.•, ter• .,1 ! • r'I.r.' i.• ` 1 . , •. . , w r • y, `f• •..; •. • �,•�. ;. *•. �•. •• # A ,j,;'.r•••• {r��{•�L,'•�i'! ^. •, L•'..i .;..1 • t 1 .1.• r •�. • t ; ;�"�' •• .. r .. : + I : • ' j • j •• �� 1 • ,� • 1 • 44'• �yl $ l'•• ,� •!t ( l •'a' s•' , '1 •• � � '�,! tf l' �i' .'. kA 1 ; 6A• � It'I ••'.'1' ;� x • '. t i ..1 , .•. . I I /1 '17 s , I l 'J (► K } # +�' �� \ 1• , .'``11 `�i' *� tl�, j�iy P,�tA ,�,• � [ ! '14 1r,, S . 1•�� 1r S/�TT�' .I .j• + `. / } :.. : y f •• .>. .�� '�, , ♦ -1� i +'` fi •'• .tt C• : I ••�' 1+ ' •,R1. '',.�J 1 ..1 '� �j ,.t tL• r�'•• 7. , .. 1• • ' 1 •" t •..1�• 1 � �a + .•1•� • 1 y' f�!1;A1 ..Y[ 1' �'• ti t't • y{ • �• r ••` A1,.1� •..: , •', ► ►i ,, •' �• � t . - �. • f !' i; ��t ''�' . �• •� • •r '• I // r , ^ •�,Y r • fi r. :iti '•� .♦�''4.�'fw� �e•Yr!'e .y. :'•' .� "�•v•t�•A,���� �J•'i; 1 i ^.�r,� 1t.�f��1 ... . •. ; .1 ' I j ♦� • . L , ' C l ] ' ; •�•, I :J..:'. 'r :; •{ • 1 •���` ♦ �. • 1 1r i .'t., ♦.••� .It ,'!S (� �1'. '�`. �' '•, ♦. l� !.( �.� jM-�,• •1 ; {. • \r l 1 ' . �. ' �7• Vw I ' 1 •1 )'•'��•(''�i`, Ids. 1• t J :����' " A ••' t •� ' r /' •. ��t` • • :,5 "L, . \ ~/t r � � :r • ` `•1� �, fi ~ at •I ' ' '' ` ' + J'� t •�.• r • • • ' • �'. • • 'tfl ••Ii ♦.� , .� • •'�• r a \•.q' • 1 �• • I • 1. 1`.•S,.`.a1t' •,i'• `{�� 1 a ' 4 t J • • • C • 1 , �•• 't '4 %.' !,{ {•{ I •R. •t1•t`'t ! W . I .. r - • . .. :c - of l' t � i!► r • x '►�• `t ti 1 ♦ r��'L" J• i W !J :.� L . �1 .�;'�.: ••� .�� y. v . f . �r 17i - � , i � , i ! ti ... r • ��,'• CAR L Ee ATTORNEY AT• LAW NORBERG t•�.�• F�'` • , t -. 1 . rI � 1 •� b,' t , r / t ♦ t.1i •• y �• /: •• l 1� Y 1 � ' � ` 1�'v ,%: ., � + e . `• �.'' 1 1 r � t ! ; , �.� �� , Ie �':.,� . ,. I •' •�• • 1• �11� ": \\., '•�, ,A.' �. (t , :'M k =,�1. r ' .1 '��'l• r ,.•t 1 ,{ \., ' V•^! • _ w�' •I •' '/ t. 'l • j ' f •� . •, • •. !' r,'1 } t• / � ' u.� •t! �• .l•• i ,; �i .��/T 4 ,, . A.•�ri,, ! �' i ' : y�r <. .. '- s. �; i •• •, 1 { i t '� .�► "•_ • ; 4 "�• .*• y a i-t t.•.� .�lll. r •; •'7' .,,. ., I .. 4 �!. , •`'. '�� . '!� lw :. t f 1 • y.w •• •4• y of {' +J• r • - • t « i i ~_ ♦'! 1 '•' ' ii f. •f 11 •• , .•? • :bw 11J y • .�♦ 1�► il. h.�1 a� ; • Lf �`••. _ar yl- / •.� 1 ` ..'L. { ` 1� i . • 1 r w 1 • L�,t .�•�� ,=�1.. t y.� �'! �G�• ,• .r• • •iM 1., �i� .. 1� • !� ' e ••. 1•t :y 1 '.a «•: + +•f)%�•r • i k• ♦ -• a l; ' 1 , :'♦ ;H .! r• ', • l., •.y. i''1•1�1'1 ' ,Ir ti :► �S, i L 1' ! ,•r�if�,� j �. `�l� + /• r •,� i • � � , i'!� > ;. (;� t !• 1 ♦ i. , a'�' 1Ci.�l�''t .. � �� • � f1• "r f .vFf !'�+. t ,l.y ' ty.. 1 itt.y `7� li ' ' ' . ,y • mss : l.i..1/ : y .:, S AMHOIe7 Q i TO ^.;:.i�: w�v 1� •'i�' R t14 _� .� + l ,�� ••••lit`1.`♦ ,4 '.Jr '� �: .t.� { Mt1 ;+ L k• ;I 1 1 ( •• i + 1! • tti fl • ', t l�'_ X, a 1 „'' :'!'1. r N� ••>< .:? ;/�•r. i +t ti• !'; ; } ZR'I, ! ' l ,Y�iEt 1 1� ' �, • `.(`, ; J.• '�'• � �j �eN�. na'♦..!• }�►: •'I••. •', • 4i I �, f �• a � a.� 1 t . .. � .�. r '1', ,i 'a. .�1. �y y �.i,;.' t t•, �' , ' ..� -.,., �; ... 345 ST. PETER S'T'REET �• i• t L r �• •.. ''• 'i �' `• +'i �' • ' + •1'••r `' ;1 ► ► ; r IJ •i ; . 1 + �1I • t�•i ; ,f•`*',�•�; 5'?r 11��..�`+. , 3 • x. `.''1; ` • * rt. A • : + ,t ; �•�'•�. a �. (s 8,�f�'�,`. '; • L_� + -. � ^•,•. t� ► .'A.. ;� �• •. .. s• t _,, . �• t r r .1 r .' 1� ..> l�' ,• r ��:: , �• f ' P AUL, M INNESOTA 55102 ! •' + '1. t .1 ' M,. ,'�.� I • } �• ' •��� 1`, w + .I + �'''{ `"����.� -.• •�� ? ��1k ` .��•' ' � \Li • /i�� ,� I,r�rf '�' . • %.'t ��'., i -'. •i' •t•� t• 1 • \\ 1 . �1 . ♦�' •, {.l •. a,t 1 ,a • � I I •� - l '' 7 :' •, > , r '••!': .. • ;, .•.�:,.r = r �t' .'� 1'. , 'F.� `.' _ TELEPHONE (612) 297.6400 A ' .� '` •;1 �•� ''i :} , •,• '•�•� /l ( /. �. .•. tf •••'•. ..� ♦ Y yid `{ .R j �. 1: •a •!�'� ♦, t• 1 • ' ' e1 r• ,• ;..; � �. t, •.•.�•7�.i �= +rLl• Y }'/`1 G a' ♦ f 1!; yr � .•;•� a /r► t. i�)' �•,' { . }T�1•. I f; • •. ' •�•� l i . • _ ,• �' ( ! .• •.; /, •' , 11. •t y , :; Y� �.f?t �' "•� �; 1 z�,r r. , v Y; t ••'\�J +l J•Y.� . i • ?• I ,i t".�'a •' •' 1 • ♦. • i '•' :r+ 1 ; t •y , - , J },• • :. _ '' •t�'up «'•.� /l, h y�. f f •i ' i •: �1 �' • • Y � tZr• • . t. r i .�•�: * :� i ; >w �. ♦ M • :r `.� ♦ .: ,a, I C y . - . �. •r '. , •rl ••1.+ : •'' '1rJ. I \ « �' � J � • '• + f, .►" 1' 'f t. C� SI ,. iY 1�a..: •7.i ' �•w .�Y Lit'[ v j ,,•• J• •,s: • a ' 1 • . ': �. t .. - • • 1 • , •.. ki • • / y ' l,} 1�„� \ r' +G�;_l'� r _ '1 '� ' !i�' "R- • . : 1*ti1. '. ,s ` •� y : r •s•.1 ''.'. , P. November. 2 3 �.. +. 198 I•.• r.'L'i.�'.1,1►t�s' �M� ♦,.'•� : ��it�!K?�iCy� Zv.� y �'� � �� ~► • i' 1 r � 1 ' � .� i ' 'a. C.; � v t � .• f �•�•'' ~'� �'�' -,�• • t , •`` , !•V�• °'�: ?f lam• S,'•. •,5.••�;�: #:Q( tw•4 +.. �i • ill t.' /,`: #� .� t '•7 �' ' n1. ! • %!. '1 �, + ,�.Z� . = • wl , i .. 1 '�l'i.+,.'� �.i) • r t,� «� i1+' •�.♦ r�y�[:tf,la�:y •(�• ; �.• ^ ,.i �'r t�,�� �:j r• y � � .C• J I .•. ;� �',1 \••Iwt+a �+. ,�:+ 1 j,�`Xi .�..r {{�. 1�1 : T."i. i .Y "•r } •.At'� f' ��•.'.'.i :�'a''fSf�• -.11.• •�.tT1. • .. d i .1/.t 1� «� • 1 t - •, ��!� .i.: 'i . • - E'. Y ,Y f; L •.[., ... C:t ♦• �7!rr .,..!: �.�•. �• a. ••i 1 •C - 1 • „' s:,r �i I ;r: + r , 1 i•• i< ei t o . l ' A a•♦ t t w 4' • , 1 t J •� G1, ,.t• ,c 7• { it. �`• {. 't i•;7 y ;t•iyT l � , ;M .•1 rA:.i �•.1 +, •'f. �.w !."•� *':►,t • 'Y�i ♦ ••_' I' •••. s �A. • � . y ! �' .• - f ' ,y j�: 1Xe •1 t f i j..G I ♦ r'.t; r r • . { •,,. .'��. • X11• r r. • Y . i Z ■ y� . S yl_ � •• ..' .1 1�.' 1 I I I / ' ... +•t ' i >r �/. 'tl�'� ♦ J' to z ! 1 ♦ •f•. �,;, t `, al .f, • l .� a ►• ►•1• �,•! • i i .. �• 11w�r•. .' J >��r't' •',. S�'y i 7 (l.• v: •�' � ��� I' � ' r •l..i .� t. 1 , .. •� •.•' • . Y ',•�';.._ •, •• j' . ♦ . 1 •^ lea• •t •t 1 :�•' M +� r�.• r .. ! :♦ •�r - �r.%i •w •l ' ! l _ TO* HONORABLE .: MAYOR -AND '' MAPLEWOOD., CITY COUNCIL t .,y- , ,' c !. 4 to 'K` a •• '�� i• �.. *: -:� r: j 'f�' t ♦. 'i tt .;l•:1, ;. - , •w t• • `;4 , •. �'''`. �,'L•iR �� - X I _i �'�+ L>r� �;. >l r i «; 1 . +. t •' � ��:�';�•.• �� '►t•'� � ' •;i r } ^�'�r�i+i \,N; �!. t •'�); •f' � •T! jjl � l .� •,'! •'�'T�titt' ,a'}i �• A • ,• ` •'.. ' . .:,~ ,As' you kno•�a,.�� Uz represent.,4 the'�-neighbor to s (immediately add acent* to enter. • '1'I �.am'w unable : ~ be :. resent this evenin 1,1 s ' Dee Garden C i' z P 9 g ., 1�1 • i • J• • : - k • because of •- another -- commitment,'••- and '.wish to appear on, their behalf , by' means ' tof =.this.t' letter. * * • Several''' of'�,;.tlhet; neighbors are present, s.'. and. a.vai.lable,:�,to.,, respond' to. questions _.. ,•,I• ..• �. �• •, ,t 1 • a• '1 �1 r•, ; } t �A ���� t•( ,`^t:� i !r ..���. 1+ �,� : r s • • , . • •' � ` +� � t . i. :I• r .� • • 1 i' - i. �,• � ♦ `! ••s �' • .. -The .neighbors request�.,':that the council deny the request for ` rezoning at:• this dime . "� They are particularly concerned that the �• `'� i S . depdrtmen•t t o ' `' Icommunity development appa f '' '• , ren_•tly to on its wn' +: •. init-.dative 1- and` disre ardin what the `, neighbors thought were •' •:. i •..orlc-joing zezonin g and ! increased commerciali� at�.on of - the , n� �. hborhood thatl negotiat ions , appears to be recommending a broadeL • g , �` .�. `•. • +� / • '• . even ' re uested.r,b •�. i�Ir �;��De a •r������:�• :�'� '��t••..r�} ��.. _� .i: , L,, . . ,.. • ,. ' q •• • ; .M„• +. 14.1 .. . w .tt.. ; *i• ,I ••S �.�.. .�. - • +• 111 4. Indeed, until ,.he neighbors learned department ;that the depatment of communit develo ment had ' laced this ' matter before you this J ,, evening, they ..' had assumed that . .s an attempt - at a nego..i.a ted settlement• •., was , - be ing .� worked on . hlr . Dege was last be f ore the ' council on June 22, asking that his conditional. use permit be �,� ... amended to },:...legalize his outdoor ' sales' area. The neighbors 1 appeared.' in -opposition,: and`.,the,; city attorney advised ' that the ,`�'• outdoor sales' area could t not .' be Y permitted under 'the onal ..' use permit, but that a rezoning would be necessary. The matter, was ref erred *- back . to the •' department of community • development Thereaft • � . on ' October ' 9, a meeti.n g ' was held at the instigation of the ' city. "..., Present were Hire Olson, Mr. Bannigan, John Daubn1.e..y, ! ` at•torne - for `'rrir . ege, and myself . My understanding of what transpired at `,that meeting.',.was • that • it was agreed • that T -1r ,, Dege. ''.•' tt would attempt to formulate '.a :r d . proposal that the neighbors •:� ". �' could find ace table and that there would be opportunity fOr� ,, reaction `' to the proposal by `he neighbors and construe `i ve 7 - I- int_erac.tion . y lair Dege before the matter was again placed . f before ' the counc i 1. �� I I f no= . ,} he neighbors found the propos a 1 _, '� the' council t a o initiate 0. ;r: cceptable: ':there should be : need to 1 as. "A ,a rezoning"' since • the•` requisite number. - •of neighbors presu would sign ` Dege s • petit;.on . '' left the : teeting understanding . ' that we would be....hearing from Mr Dege . We have heard nothing from Mr. Dege. The" neighbors are puzzled as to why the de artment ' of , community :'development has elect.. •to ignore the understanding '- reached At the October 9 meeting and now asks you • to initiate an even broader commercial rezoning before Mr. Dege ' . has done anything . ' 9 Attachmen' * 5 1 ' .i. .r . No .. : iii• z'. ••, •• • i •.. f •,•, ,.• ► a •t • • . ,1, ( q.► 1.. .•'„• • It'' •,�� : t� •�' ' /t ', /• • •: t r •• •• t f ' \' \ •r r . • • •:•.1A t ` •• • • .• •' ,. +. ;• i • 1 i 7 ti� y f d r ,•. • t ,�., ,, 7J y i .. 1•.•'., •1 •f t .. >i ► ' t * • .I f •? • i J •. •.' i '. Y' •• � .7 ►'• .•, ,. \ 5 .i • t • �••) t;•! • r 's • LI y ►q i. '� • . ��ayor and �sa � `yy t��/ '■ lewood Cit Council' �' ?. R', ; :• :. ,♦ . _ {,,.,( «,`,.x'f, T_, k ° 1 • y r : •, ... �' t, ti # +' { f.r •~ )'i f • r • . •. • . ) t'_ • r.: ,,� .': ,'• t•1,- f.. • j'•!;, {yam •+ i • J �Ir *.� it }• -' • • .f,� � y II.,�r.1 F '\ t '.s�•li/ t •+ .`„• •= 1 • ' ,. /. • •. 't ' i 1• . • r . .•,`1 • . ., m e.111 .2 3 j.. •► !t • ►• 1, .l # ;ar .;.. �• • •;` / .. . A. .S •.' ` . , ,t j _ , �., • . , . .' Nove b y, ; �. f ♦ . • • . .. ,rf , f ! y. .. :' •' ' , •. f• ,• • 1• t • f : f . • It_.. r • , : �...,.•t , '•1• •' ,• i.. :.. t>� .. •8'7•: NY\ , •\ :1 �V . \T '(.,.• r• .• .. . r .. 11 •• * .• >t: t_�/ tr, /..•,._•,• f "ys k •' liih. ti,'•'' -_ ♦. •• T t . 7I, i a �4 f.. ., • .t , t ''1 , Y I , 1 : ' r f •. •j r •' �, i. ' =♦r . .., •.I ♦ (]. ti.� I f •y 4 '.° r 1 . . l } , ,. j,. , f Y' •I '.:it • • j ri , {• r, 1- v. .a e 2 '�. t:�•. t -�' .j ���•..� Y..y Y )�) L I M ' �'•� jr • �y , ! l�� .t. r� . '!'•, � • .1• �1' �f / • .��• Y 1 : •. + • {') S• t ♦ 1. r ..k • •t• I...� • !.i 1 % t :j �.. "i (. t j 1. �/ .. .� y r• . , - �•y! jt) . t , ., f t ♦. .. t .: t } Y _ ' as• �( ." P g • ry .' .p j .9,, i, ' .,:1 1. 4i. t ►7. ' iM ` `� t. ♦i i. ti • � .7 ►, �r • �'' , ��. • • ♦ iD'' i �i •e 1, Ir. Y. '• •, r • .• 1 • r 1!• { 7 , i • '; +i§ •; ,{y :; r,�J, � ' '1:l M - a i � l•' 1- % •�;11"f.. , ti� � { . : \. .K •,ms -4^sr.,f. 1+.:�!tt�. e. V 1 r f.. �,. - , w '• ♦'ail• ♦ 't'!•Y'Y ( ' ? •. . ` t A • ry ♦'• ."''. w7'••1 t .', '• ;t a ..1: .44 • .4 �, ..1 .. .4 \ ,f' !f / •. '. r.,,• ,1 ~'..t��' 'fit'" ►' t {► y.} .r .. •1 , .l• '• r V 't•tr %, •'nr tP1 `' ,r�. > 1, �.�\!. ?}► ,• , � . • f � . .i• '}• t, R. '� y •. • (; j • ,t t •• �\ ,} y t, ti, •,• ,� jr. 1.y'�•j V . '• •� t,I •� �`i t►• •• .4 V , y 1 •. •. ` '' •4 trl t ' 'Y• :' •• 1 1 .j .i " t !. 4 f , ' {- �'. • •S', �., '• t ,• { I • > ' _ .. • M 1 : •... : • f 1. M: '•0 • n,t ''y'.' 11f �•; L +'• y ' �.. •. ii / , • • �'' t /') •. �,, • • l • t.,1}f tl•2 t , / •, 1 7 'r` . ' 1r ,•• �..,r. y• I :• , ` •.. , • 1• •� •+ ' t , � • ,. • ,• - 'r' t.� "'^ ".t�I' :W�•. j'..f.• �• t'p'1_l �ti`t:',•,` ia'�t� ).t'. . 7.•f: f • 1', \1. • • •1.`f t , ' I , a • y _� Olson indicates iny�'. •. ! Mr. his memo that. the ` issue j of 'the D eg _. .: .a'►' t. • •� ,�iN. • +i' ,a _, / \ ► ._ pole �'", . ` barn is now on i appea1K •.to the • Court' 'of Appeals . This is another' r - :1 ... reason wh . the . - i.council W shoul • ' y \t •,;_ d,' not . i.ni.ti.ate a-. rezoning now. The neignborsf >feeli strongly ' rthat : ti.the •c�.t '� has t� the authority. :. , . Y horn to. t� require removal , . thet7 pole , barn, tti as the. ' council voted, and thus .they�� par t,> cl,ated. in matter' - before the' Court of = Aa :L = :. w ��i t .; a. .. .. e a l s b y , j::.• {�•. means aam�.c ''•curiae , �.�,�, • The � be , ., ;. us -- y believe the city s� •• • s�''.�` attorneys.... dial ' an ; excellent ' ob resentin the ••• ' + •� � � • ] P g city s . position, ,•• •. } • • � • r :' : •• • •ate' • '.from, ' • . • y and a a confldent,,� -] udgi.ng the nature - and tone of the •: • , questions asked,/ by`�i the Court, of - Appeals ; at oral argument that the city will prevail on ' •its. appeal, : 'They were heartened b '•• Y4 °- Judge Sedgwick :_s remark,; :at \, oral ar ument.. to the effect � .ha t It Z s , the neighbors, r who buy their homes and rearlin in their homes in • . reliance on the ' stabrility of. ` zoning, i . e . , that residential areas } stay residential who have a high stake in a comprehensive zoning t•;::-t plan,, The � neighbors ,believe 'that -- -what,. the Court. of Appeals may-: do could range from. ' simply remanding the matter to the trial , • court for an evidentiar ' hearing to a remand with some fairly Y g� ' '• •precise - .and ` narrow ' instructions as • to' the proper standard of proof to be required 'to. establish Mr. Dege' s alleged reliance on - '''�� 1 the � negligently r �.ssued,buildin ei In an event what g P y , at the Court l of Appeals ; does could well ' have an impact on hog, t his is entire matter is '• ultimately !resolved. Tt seems to us to make y (•sense under the circumstances to take no action pending the Court '..' of Appeals decision'. The most ' of f ective ' way to take no action would • be to deny the request, that : the council initiat -e the . rezoning and thereby force �lr . Dege ' to negot i ate in ood faith . g wi.th.• the neighbors,. something he has - not • yet done. . , fit `ached to . - the ' memos andum from •she ' director of communi . . development • i s • a le ter f rom Mr . , Dege:. to Mr . - Ol son da wed August : ,18, 1987, wherein , 14r.' ' Dege makes_ eight ' allegations. The . ' neighbors feel "compellled ' to respond, to his • allegations, since - they appear to be the fundamental" •• document submitted . to the .; r Q • ; s council ',by -tile department ,.; :r and . do so as follows • - It is' note true '� that there ' have been no com laants from nei hbors ; ` a.n an 4 - the number of comolaints is not . g y., even,., R .' determinative ' of• whether•• Mr. .Dege has been oper ati.ng illegally. • ; a: In f act , Mr,, Dege•,' f of lowing complaints f rom the ne i g hbors , was � • :•: red tagged in X for sel�:ing merchandise from a lastic .r..:_'. gr..enhouse in - the R 1 area. -- Following : that, he began selling lants under . an; outdoor ' ,ano . that • ' n r . .- . P ' py 1 c easingly encroached onto the R -1 .': area. ::=;'The .council "was told last; November - that- the only - �• city - approval �t�`for ,this -_:was ' a ermit issued 3 23 81 for a _ P / / , �•. temporary ,structure with �, a, plastic rood that was removed on 7/31/81. Since • then . Mr. Dege has constructed a year -round • .` • plexiglass canooy in violation of both the zoning ordinance and `. r the special use. permit , r .: The "hedge" : on ' Mr . Dreher' s property t hat Mr . Dreher cut down was •: not- lilacs; it was honeysuckle, and it was cut down approximately • = seven years ago because many of the plants were dead f rom overage and overgrowth, and because the plants were deciduous and offered 1Q (•.• • 'V% �� ! � -. •� t }5'}••w t, u.l .K A• r t.••y ,1. } �.;• Y,/. ��1> �•' 1M '! ""?`'!' - . ` , • , •; , � � •�- .' - '\i•1 .t t• •M.�t,} j•• t`i.wy "• • 1 j' k ,\t•1h •+ 1' t • •. •y •� ` T I ' • . /• , • �� I /f ' V •1 , v 1 }•' .. '• h� •• •1, ,t� ; 1!..f •✓,•,� A 1. • �....� .,.1. •.• }. .,e�. a • ( ` M •I.j• • t1•'t • ,. { y' :'s �I"ri' ` i ' � {.•, M ` t• • 1 , i • 1 • + '. • i , • , , .• i• '\•. •••1 F =. .�•':f •r1 j• •1 1 :..y { , • V y +r • ,R ile' .� Ii♦ t �� ., ���, 1. ^,�).1� 41 '!' •y /. - \1. �h' ♦•• A���. Mi.'k 4 .1 ► V �i. \ 1 • •♦ • . • S •. • !� .. •+ • •F • y �• � ..t IS I..t r��. -!'T` 1 }{., 1 • 4 t(, �'' , 1 y�3•• ' " ., ; _ l'{`' t �T .�'!�• . r �• ( f r �• ,N ' .•' •• r •• ... f: '.. 1< .�,{'�• •.I •Il .� JM.• F, ,J� ` f 1 i. •} �L 1 . .' 11 , 1 • ..•• t f • �� • ! �j :. .w•I /,1y1r M.�.vl : 3 • >� �j� ` r• •J fi t, t < t ' ' W f +� A • 1 7,E • ��. ,� • .� i i.� 2 � I '1.' i `' 1' r ,:' J'i�'t.••';••I�.� •' .'y' ) ,,Y� �. T �� � ; . ,� �. .•Cii;�, ✓Z tl� y.,'1 f•• Y. v !li ,.• A I I ♦, t •�1 i}• •.4. .!! � ,11 .1.I •'l;(•i �.�•'M• . `� �(iV� •O 8l �� ��: �jlt � ` ,�... t ���.fir � •41 1 �!•i1� }Ar. :} ► i � ,� fa •'�'� •�. � .�.. t' • � �'. / � . • t.��f.,i� /. ,. "W}�'t• .'� -••.� �I.. !i' .l I.r'I�,��,"' • �I 1��j� ,i •� • i ` ., • � • '1h�r a • :�`• J .'•! :� f � �• � r v..• �:. \' � , ' ' •1 a ' s • AD Mayor , .and Ma�olewo.od C�... Councils :;'t .�.- r,�, :� -`•., �,,•� • � t {•• g November.' 2 3 R ' tr B . 1., ' / c,� ('r l t ��f., a �• 1 ��i'r �,• C , t '!• . } � • `.i r t ..� i 1 • : ,. � �• ,' • t� ++ , t % � a ..2'1. .. .1 ��. ({ � i � f� J � S.,La,�., 1 1 • � "'��, 1, •' /t�a .• 1' ,• j� ! . •. ' , .. •' � f I - , . r • •, , p ge 3 ,K.{ k!!*I�,s :11'•♦k�`'ype� :/ • a,� : ..;;�•, '6�r�;..: , '� • i ta, �.`. �f . • 1 / S •' t4.. i1 11 7 ii L� +tSH :�� r• f :(+ j .• , .y• 1. /•.'•�• : ►'�.� t.� 1 } 1 � • b { ± �• . • ''' • I • f '.• •h , , �•.. ,.. . :. .�i •'1 l a:, :►• � } :•f 1 ,�• r �..•• �t''C' `. .�, � '• � tFI J 4'A I • ,! j, s .� � w f • •. 7 ♦ .' .^, ! ,•1. , . 1. f 1+, y Y ♦ • ] t . i try► ty 1 • i' ..S •. . •i 'T +' + �• `.' f r. 1 •.� f1 "i •A l` ` y••��t i.�•� IA; �;��5 LI7 *u • .,1 ,•, • -� , 1• •�.• •.� ,• • • \'1 • I, ' .' '- ','•�. J • , .','_r •�,..�. '_ ' j �I"�1t:`Y r ► •.' • �i , / 7 / 1� � ~' art �� r •�� .,'� �...3yI.1'•f( ':���� ..i� t ,� . �• v, • 1 ..., I .•` .�, •. '• - .\ ✓ ''� �• ` '•�•,•^' .�.•.� ,.r1 •�. a 'it I•, i t ; ♦� � �� j • il.t a I• • '��.- � . .► '•• L a• � - Y ' �. ' T 1. t 1 m, • little i f any.. f rom 4r . t Dege ' s property,' ro pert ' . • � g ; ' P P y - The plants were replaced•= with evergreens which' are' now growing but which, - 1 ' • . 4 • w t', • i ► • i nadequate-screen i ng, • .. though an, ,i.mpiovement,. ;t� ;'sti.11" ' provide t i � ••} •• � • i �. -'I f,' .�� . ±;,�� •at�i,j•�A�{ � r �,• 4 •1'Zf,J• ti.: ti '• f l f � if t1� �t•�.• 1 • '••• � _ � ,' . �(�• ••, •. 1~.•. , { �I .+ Z J•,'S S •1 .%, , •1/ � t .►�•.Z � .� , Ii : J .� d •�• :V t i . I' - • 1 , . .•, •• t 1 ' �.i G L r - '{ ` ' , • ' .,� 1 • a ' •� v u • �• ' . • %. f '.1 • i . , • 1 ' , [ �1 , •; y I ., 1 1 _ .� !) t • 4 ' vA ',�.••� ( ) s', .already. .� noted, ho,the... t of • � the- } pole barn. has already ` •` ` • :• :. :, � been decided- b 'the' 'M • y .councilt'\ ands i.s :•.before .* the Court 1 of Appeals Jew �• s, if • in, fact , the objections �� coine % from l a few, Mr Dege should Ti h ave'.,,. no,r��- ,.r ouble securin �' •enou si g natures i �,i f i others t to •. ir • • • �► • y. • ; • j1 t. ✓ }1 ..y e s• '`{:5 "�.. /� j *4 'I n te a, ezo 4 t;: •1. `I;i,c �✓ • I • •,. . •j + ;• F , i .r. in a ion�� �s�., r , . i . :. '` ! 1 .., ., l - v'M t1' �• gt•.••bY +. p I t i t .;� .• f . Y+�1•: . ; r, ! S ..,,• '� r� t + :' • 1 .t •• • 1 , . . !� � �!t•• • irk • '�5 �i�'t� :}S• �,.,� - ti;r r -, ;f't•. * r. �. al � i• 1�J *.. f F• �. {► • r1.:�•'' � •' f •t - � - • �.' •' n. . . d,1 ' -'�•,: ,•H: . G _`• • N,: 1•± �ti �• f .t �► l' s a•,,;•i. • ,� ,• • •'Jr 7 � r � . M / I'•.,, 1 �••.• •�- ^.. ,. •• � '•�' .t � �� ,• • . • • . ' 1. ` , 1 • 1: t, t 1 t.. ` =S /' •A ! ',� > � � ta . i, t• r •: .� ' i • I ,I •• ., .♦ 4 1 ., �± ✓ •; •'l.. � �•�' -L 4.� /I.•' '�'' a jlfi •A� ��, tJ 11 • r'� • � • �tiI i,J �• �� • t � ,.�• • ' •t, • . - ; • f. �',• � t .It I t '�• , .. �": 7f� t• t • • � .l � t \ I '•,• � N � ; ".• . • , , - a.,• (3) - •The .' , nei ors,• cert td t ainly objece • : Q hb o .= continued use o f the i plant•. area.�1 ` :��' however, - that "'�a' ' com romise had be •✓ ;,. p d n e reached in •thee council:.'* `vote which" they could accept, and their. f., . • /understanding i ° the4 pole barn '•would be removed. •- • 1 . _ �; • fj • • • 1 • (: �!! .. t -_ ' 11+� 't ,�. .,< tt J 6 `, 7 I ✓ � ' ,�' - • A _• .. .♦ {���((( :• ; �)• .�i :••�•�.1 '� �' �•�'J • �f • , 1 ~ t• •i � ` .•I y I i • ♦ ,' y►. L•r .) fi f, • *A •.lZ+ .•.,} + •• t t ♦' ' cam' i t � ± �J + ', � y 1 ` • • , , ( ) ale have - , addressed .:th ° meritsi of: ' a , o - •� y e,O s, , c unc.il initiated iG 0. (5.) The neighbors hbor s have no f t : . 1, g . • desire to see . �►Ir . Dege go out of • .,;,.business . • However, ... they al so.. f eel'-. that 'they-have a right to rely : on the . res identia • integrity', of ' their neighborhood. .P hey f eel•:'' • that Mr.' Dege has many available f' ' R g y to , hire, and are ., to • work'..with him.. He has made no•; attempt they feel,.. : work with them.: , ( 6) We do not ,, understand what point Mr.• Dege • is attempting to make ' 7) Obviously, what fees fir . ` Dege:: should pay should be subject '•;• :to administ_ rative ' inter rotation. - '� Y,e .,have no p osition. on this ��• point E N � j 1 ��.. : ; • ;:' '.: , -;, . • •• �' :S '•1'.. •i7 • • v •: / r.• , •„ a . apt• � ��.- S� r 14 .t ; � �• , �.� �- . • \ ;.• . •' '� y �' f .. ! • ;11;.. {. !.t w it.' i .'�: •. ... •' y ' a t •� t t • (8) Again,. they implication is that Mr. Dege's disagreements with • ,• :: the neighbors ' are only with . a sinall minority,'' t . if so, as already `'•� noted, she• ;: should., +not, need 1 /- :.council- ini tiated . rezonin • `' 't. .',• ;• ... ,. ` •11 '. � t�'r•�' { �••7,�•.,��•1 y� L„'�i *y�ff'' �•1%�'' �1�w :l Y I` e.' A� t �. ♦ '. t• r •. ► ,S.•, �} t •. 1 • .•. , �,• •� • t `K F, t y.f ••�•• ?' Y)rj ���' %7 ��� *4.!�\I-- •1 :S + . , y a .�}• �y' � . •! � r i .t : • .Z • 'i �_ +• 4 Finally,' werei.terate.: that �.f - Mr.'De a were •�o come u with an �• appropriate plan.. present +it.w'to \ the• neighbors, he ought' to be a ,- able to win the. ' ; approval - r of ' : a simple : mad ority of the add acent s K %; property owners .O '} If he cannot ,• persuade the neighbors under these circumstances, and 'given. his failure • do an thin following the Y g g commitmerits .' made by r' hi s attorney • at t the October '9 meeting, and ; ;' • ' ,.-` the ' pendency of -the pole barn matter-in the Court of Appeals, we ,�. cannot understand. why ' - the Council on, its • own initiative should. . -. now vote. to "?• precipitate another. 'confrontation with - the : ''� imn►ediately adjacent�,residential neighborhood. Carl E No r berg CEN: :. :�•s d4 ; maplewoo :; .•� , IT s } MEMORANDUM TO: City Manager FROM: Director of Community Development DATE: December 14, 1987 This memo is in response to the preceding letter from 'Carl Norberg . The last i i ne of Paragraph 2 states that the department of community development "appears to be recommending a broader' rezoning and increased commercialization of the neighborhood than even requested by Mr. Dege This statement is in error. The recommendation in the November 17 staff report is to "initiate a rezoning to PAC for the outdoor sales area... " This is the area requested by Mr. Dege. There is no "broader rezoning" mentioned by Mr. Norberg . He may be conf using the l and use pl an with the zoning ordinance, The staff recommendation also recommends that the city initiate a plan amendment from RL , residential low density to SC, service commercial for the commercial uses on Century Avenue south of Seventh Street. As was stated in the staff report, Section 473.865, Subdivision 2 of the state statutes, states that a city shall not adopt any official control which is in conflict with its comprehensive plan. Since the Liege property is designated RL, a rezoning to SC would be in conflict with the city's plan. A plan amend men t is, the ref ore , required to rezone the outdoor sales area. The adjacent businesses should a l s o be included., since they are designated for RL use on the plan, but are already zoned 8C. A a copy of the land use plan is included in the attached staff report of November 17, 1987a The last sentence of page one of Mr. Norberg's letter states that "the neighbors are puzzled as to why the department of community Y development has elected' to ignore the understanding reached at the October 9 meeting, and now asks you to initiate an even broader commercial rezoning before Mr. Dege has dune anything." The request to initiate this rezoning was made by Mr. Liege in his letter of August 18, rather than the department of community t p Y development. Mrs Dege 's request has been delayed since then because of other staff worm and to give the opposing neighbors and Mr. Dege a chance to word; out their differences. In an effort to assist in this process, the department of community development and city attorney arranged a meeting of the opposing attorneys to try and f a c i l i t a t e a compromises The recommendation, i n the November 17 staff report reflects the agreement reached d at this meeting that staff would recommend a rezoning in conjunction with Mr. Liege submitting plans to remodel his-sales area and screen Mrs Dreher's lots Mr. Ilege's plans for the screening and remodeling are attached. If the city initiates the rezonin g and plan amendment, Mrs Dege will submit a formal design review board applications Initiating a rezoning only allows a ubl is hearing 9 to be held. It does not obligate the city to approve anything., 12 Attachment 6 It has never been the staf f 's intent , as Mr. Norberg suggests on page two of his letter,, "to force Mrs Dege . to negotiate in good faith with the neighbors :.." In the f irst p l ace , there ar e neighbors both for and against Mrs Liege. Theme is no one p erson representing "the neighborsall Secondly, previous court decisions have consistently ruled that a city cannot delegate its decision making authority to the "neighbors . It was necessary for the council to consider this on November 23, since Section 36- -442 (e) of city code requires that "all conditional use permits shall be reviewed by the council within one year of the date of initial approval . " The previous P erm i t was approved on December 8, 1 986. This was stated in the staff report. The December 8 permit approved the outdoor sales area Since the city attorney has ruled that the outdoor sales are cannot be approved as a conditional use. permit, Mr^ . Dege it requesting that the city initiate the rezoning, He feels that since he .previously applied for the conditional use er ' p mit, with the understanding that this was the proper procedure the cit should rectify y the procedural problem e P p m by initiating the rezoning. Staff concurs mb 13 • . • _ . ....�...�YI.� ..►.M.. -_- Y t+.. . . .. . .. Y N� � IF MMM�I • _.1� 1..h STATE OF MINNESOTA . , COURT OF­ `A0kiL , I� N � S I. . C9-87-15 - 7 4 - _ _.. �.... r._. �....... �..._ _...�.._......r�...��...�.�...� Ramsey County. Sedgw.ick, Judge George Dege, d.b.a. John E. Daubney Deg Garden Center, 70 0 Amhoist Tower 345 St. Peter Street Respondent, St. Paul, MN 55102 vs. City of Maplewood, Appellant. Patrick J. Kelly John F. Bann i gan, Jr. James J. Hanton 409 Midwest Federal Bldg: 50 East 5th Street St. Paul, MN 55101 Carl E. Norberg 800 Amhoist Tower 345 St. Peter Street St. Paul, MN 55102 ( Ami cu s ) Filed: December 29, 1987 Office of Appellate Courts S Y L L A B U S The trial court erred in applying estoppel and granting summary judgment in favor of respondent. Reversed and remanded. Heard, _considered and decided by Huspeni, Presiding ► g , Jud 9 e Sed wick Judge, and Lommen, Judge. 9 * Acting as judge of the court of appeals by appointment pursuant to Minn. Const, art. 6, S 1. 0 P I N 1 0 N SEDGWICK, Judge _ The City of Maplewood appeals from summary judgment granted to Dege. We reverse and remand. FACTS Albert and George Dege own Dege Garden Center in Maplewood. In 1971, Albert Dege obtained a special use permit from the city in order* to construct a parking lot adjacent to the garden center, on land zoned for resi dential use. The special use permit allowed customer parking but prohibited truck or trailer storage in the parking lot. The special use permit also required a public hearing * prior. to any modi fication of its terms. In 1986, George Dege obtained a building permit from the city in order to construct a trailer garage on the parking lot. After construction had begun, neighbors complained to the city that the garage violated the conditions of the special use permit. The c i t y issued a stop order prohibiting Dege from completing the garage, and ordering him to remove it from the premises. Dege applied for an amendment to the special use permit so that the garage could be completed. The city council denied his application. Dege filed a declaratory judgment action against the city. Dege moved for removal of the stop order, for an order estopping the city from asserting the permit was invalidly issued, and for protection from civil or criminal contempt. The trial court treated this action as a motion for summary judgment. The trial court granted summary judgment in favor Dege. ISSUE Is the city estopped from enforcing the terms of the special use permit? ANALYSIS On review of summary judgment, the appellate court must decide if there are any genuine issues of material fact and if the trial court erred in applying the law. Betlach v. Wayzata Condominium 281 - N.W. 2d 328, 330 (Minn. 1979) . The city claims two issues of material fact exist. First, the city claims that the extent of Dege's knowledge of the existence and conditions of the special use permit is at issue. Second, the city claims that the extent of the garage's completion when the stop order was issued has not been fully discovered. Special use permits, like all provisions in local zoning ordinances, are not personal licenses but attach to and run with the land. State v. Do_tt , 396 N.W.2d 55, 59 (Minn. Ct. App. 1986) ; see Pelser v. Gingold 214 Minn. 281, 285 -86, 8 N.W.2d 36, 39 (1943). The conditional use permit remains in effect until its provisions are violated. See Minn. Stat. 394.301, subd. 3 ( 1986) ; see also Orme v. Atlas Gas & Oil Co. , 217 Minn. 27, 13 N.W. 2d 757 (1944)o The landowner has constructive notice of the permit after it is issued. See LaValle v. Kulkay 277 N.W. 2d 400, 402 -03 ( 1979) (purchasers had knowledge of restrictive covenant contained in deed)-* Strauss v. Ginzberg -3 218 Minn. 57 15 N.W.2d 130 ( 1944) (Purchaser's knowledge of restrictive covenant presumed). In this case, Dege's knowledge of the 1971 permit is presumed as a matter of law. The extent of the - garage's completion is not a material fact affecting summary judgment but is germane only to the issue of estoppel* 'Dege asserts that he changed his position in reliance upon the building permit to the extent that it would be inequitable for the city to require him to remove the garage. Dege spent more than. $10,000 on the garage's construction, and it would cost more than $1500 to have the garage removed from his property. Dege contends that the city should be estopped from revoking the building permit, and estopped from enforcing the zoning ordinance and special use permit. The city does not dispute the fact that the garage was substantially completed. The application of estoppel is a question of law. State v. Liepke 403 N.W.2d 252 (Minn. Ct. App. 1987). This court is hesitant to apply estoppel in zoning matters, and will apply the doctrine sparingly. Rid gewood Development Co. v. State, 294 N.W.2d 288 (Minn. 1980); Liep ke, 403 N.W.2d at 254. The trial court concluded that L ie2k e was dispositive of the present case. However, the facts of Lie ke are significantly different from those now before us. Liepke presented plans to expand his detached garage into a building to store heavy equipment for his construction business. His permit was granted and the building was constructed with the active supervision of the Eden Prairie building inspector. When the building was 90 percent completed and Liepke had spent $30,000 - 4 - the structure was red tagged as violative of city use ordinances. Unlike the present case where Dege had constructive, if not actual, notice of limitations placed on the property by the special use permit, Liepke proceeded in good faith. and neither .concealed facts from the city nor violated the conditions of any permit. In Liepke, the court applied the test of Ridgewood Development Co. A local government exercising its zoning powers will be es topped when a property .owner, (1) relying in good faith (2) upon some act or omission of the government, (3) has made such a substantial change in position or incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights which he ostensibly had acquired. . Ridgewood , 294 N:W.2d at 292 (emphasis in original; citations omitted ). The Ridgewood court also ruled that a municipality could be estopped only if it had acted wrongfully: [ E] s toppel is available as a defense against the government if the government's wrongful conduct threatens to work a serious injustice and if the public's interest would not be unduly damaged by law the imposition of estoppel. Under [ this test ] , the court must first look for the government's wrongful conduct. Only if it is found to exist does the balancing begin. Liepke, 403 N.W.2d at 254 -55 (quoting Rid ewood Develop ment Co. v. State 294 N.W. 2d 288 (Minn. 1980) ). -5- Dege did not rely in good faith on the action of the city in grunting the building permit in 1986 when the special use permit granted to him in 1971 put him on notice that such a building was not allowed and that any modification of the permit required a public hearing. . The equities in this case do not favor Dege. The dollar amount expended on the project does not create vested rights sufficient to outweigh the public's interest in .zoning cases. See Jasaka Co. v. City of St. Paul 309 N.W. 2d 40 (1981)* The mere possession of a building permit and the incurring of expenses do not create vested rights sufficient to justify- estoppel. Hawkinson v. County of _Itasca 304 Minn. 367, 374 -77, 231 N.W. 2d 279, 283 -84 (1975). Dege's reliance on a building permit, which he knew was issued in violation to the special use permit and zoning ordinance, is not sufficient to outweigh the public's interest in having the zoning regulations enforced uniformly. The city, as a matter of law, is not estopped from revoking the building permit and enforcing the Ordinance. In this case, Dege's building permit violated both the zoning ordinance and the special use permit. Since Dege is charged with constructive notice of the special use permit, it is unreasonable for him to claim reliance on a building permit issued in violation of that permit. D E C I S I O N The trial court correctly determined that there is no issue of material fact and that summary judgment is appropriate. The trial court erred in granting summary judgment -6- r. r • to Dege. As a matter of law, summary judgment must be granted to the city. We reverse and remand for entry of judgment in favor of the City of Maplewood. Reversed and remanded. T 8'T _7_ Action b Council., Endors lodified MEMORANDUM R e i e c t e TO: Cit Manager FROM: Thomas Ekst ran d--Associate Planner SUBJECT: Conditional Use Permit Renewal (Home Occupation) .LOCATION: 2405 Carver Avenue APPLICANT/OWNER: Charlene Grand DATE: December 31,, 1987 SUMMARY Introduction Renewal of a conditional use permit to operate a beaut shop as a home Occupation, Description of the Home 09-CgRation 1. The beaut shop is I ocated in the wal k-out basement of the dwelling. It contains about 190 s feet of area 2w The applicant is the onl emplo 3. The business has been in operation for six months. Background On Januar 12, 1987, council granted approval • of this conditional use Permit, subject to: I » At the end of one y ear, if there is no unresolved complaint or nuisance v council ma renew this permit. 2*n Compliance with the requirements in Section 36-66 (4) (b) pertaining to the operation of a home Occupation, except for the sign location requirement, 3. Obtaining a building permit for all improvements, Council also approved a sign Placement varia . nce for a ground- mounted sign (code re wall sl*.gns) because of the dwelling -Is substantial setback from the . street This sign was re to be set back at least 15 feet from the front lot 1* ine, Qiscussion All conditions of the conditional use permit have been meta The .9 s i gn however was p I aced on a pol e at the • f ront I ot I i ne not 15 feet back. Although this sign does not appear obtrusive in an wa , it does not . meet with the council ,'s variance requirementO The app l i cant has indicated that she f eel s the one- -� e b y two -f dot sign is diff icul t to see from the street at its present l ocation » She does agree , however , t rel ocate the sign 15 f eet f urther back with hopes that she may be grunted until s r to do p 9 so » Recommendat ion Renewal of the beauty shop home Occupation i on at 2405 Carver arver Avenue for one year, subject to the Jan aury 12, 1 987 conditions of approval, and subject to relocating the ground sign b May f 1 988 , t o be 15 feet back f r�o y Y ' m the front property line 2 REFERENCE Site Descri Si I ze: 4*6 acres with 325 feet of frontage on Carver Avenue, Existing land use: a 1 1/2-stor dwelling with a walk-OUt basement, attached garage and a barn. The dwelling contains about 2 s feet of total floor area, including the basement, Surrou L.,_and Uses North: an undeveloped portion of the large single-dwellin propert abutting to the east, East, west and south: large single-dwellin properties. The dwellings that front an Carver Avenue have front- y ard setbacks-o+ 140 to 360 feet, PI ann i n I. Land use plan designation: RL residential low densit 2. Zoning: F farm residence, 3a Section 36-442 (e) provides that all conditional use permits shall be reviewed b the council within one y ear of the date of initial approval unless such review is waived b council decision or ordinance,, At- t-he- on -e- --revie-w- -the-- council - ma specif an indefinite term or specific term not not to exceed five (5) years for subse reviews. The council ma impose new or add itonal conditions upon the permit at the time of the init * ial or subse reviews. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed but nothing in this section shall prevent the cit from enacting or amending official controls to change the status of conditional usess An conditional use . that meets the agreed upon conditions and is later di sal lowed because of the cit enacting or amending official controls shall be considered a legal nonconformin use, mb Attachments: le Location Map 2. Propert Line/Zonin Map ,« yvc OF NEWPORT • Q (�) - xT +10SIM 83 sc• low & 122 ;, c 13.33czc W 1240 r �, • 27 t't� 2.31 �, 1 • oo 12 f . S X. 1268 t� : =::: v.to* u :5:: ...... . . . %i ....... % . .... ...... -P-A .: • �Y :• x .aaa,c { 2413 12 3 2431 _ ! . 1 353 2 3 71 '' ::...:.:�:=:: =:: Ik IL JMMMNWMWAMS 470, -ft ANN f s• "0 71r 1% 1 ; -0. � k � ap (7 amp lw alp t 2410 f ( t c a .oe.r,�,. bi MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: PROJECT: DATE: Introduction City Mana Director of Communit De Initiation of a Plan Amendment and Rezonin 2218 Hi 61 Ronald Urban (Hoffman Corner Oil Compan HCO Self Service Januar 4, 1988 A 3- 4 ot b Cou:'Icilo R e i e c t e Date The applicant is re that the cit initiate a rezonin from Fo farm residence to a zone that will allow him to-rebuild the, existin buildin and expand the asphalt area for additional pumps. (Refer to the letter on pa 7 and the proposed site plan on pa 6. Backaround 19 Section 4739865# Subdivision 2 of state law states that "a local governmental unit shall not adopt an official control or fiscal device which is in conflict with its comprehensive plan. 2. Based on the current land use desi (RM) and the size of the lot (14*858 s feet)# this lot could only . be rezoned to R-2# double dwellin for a sin or double dwellin 3. The proposed site plan would also re two variances or a revision to the plan: a. A 15-foot g reen space variance must be applied for since the dumpster enclosure would onl be- f ive - f eet f rom the east lot line and not provide 20 feet of g reen area as required. Furthermore# the parkin lot would be onl 17.5 feet from _= the east lot line--20 feet is re b. A shoreland ordinance variance is re q uired since the percenta of land covera proposed is 74%* The maximum allowed is 60%p and this As provided that the developer qualified for an impervious surface area bonus with the on- site holdin pond. This has not y et been determined b the city's engineerin department, Without the bonus, onl 50% of the site could be of impervious materials, 4e There is opposition to the site plan b at least two nei Alter-natives 10 Take no action. The applicant would have to obtain a petition or 1 ive with the existin zoning, 2,. Initliate a plan amendment and rezonin to BC, business commerc i a.1 39 Initiate a plan amendment and rezonin to M-1P li manufacturin as the propert to the north is zoned. Discussion There seems to be enou justification and potential public g ood to initiat this plan amendment and, rezonin Is. This lot has been used for a motor fuel station since the 1940,9se 2. A new buildin and site plan would improve the appearance and traffic safet at this corner, 39 It ma not be practical to expect the demolition of this bui to build a double dwellin as suggested b the comprehensive plan, As a r esult* the buildin ma continue as is, another business ma use it or the buildin ma be vacated, as , happened with the adjacent motor fuel stat ion to the north, Staff has several concerns with the site plan: is The two variances should be eliminated, 29 The proximit of the easterl pumps to the adjacent home. The adjacent owner has re that the buildin and easterl pump locations be switched. This would re a variances since the buildin would be within the re fift setback. The pumps, however# would be more of a potential nuisance than a the buildin 3. Draina problems on the adjacent residential lot. 4* Consider eliminatin the Westerl drive on Count Road B. 5. Landscaped screenin alon the east lot line. 6e Hours of operation, 7* Dumpster location (noise problem for adjacent resident) 8. Li alon the east propert line. Staff would prefer a rezonin to M-1 rather than BC. The M-1 zone, re a conditional use permit for an use within 350' feet of a residential district. The applicant has alread applied for a conditional use permit, This would g ive the cit more control over the business, Recommendat ion Initiate a plan amendment from RM to SC and a rezoning from F to M--1. subject to paying the application fees and applyin g for any required, variances. Attachments 1. Location Map 2. Property Line /Zoning Map 30 Site Plan 4. Letter W EA .,.,..: r 60 _ .• �,. y� Oman Nwoun Gerrvei :: KOh/ n MAh�X L ... � ono Loke � % �� � iir � a� --� 4 PONS Q KOHLMAJ A L J Q V W H Q o Co R ., It N W - :•::•:• y W PAULA Y CR r CT R OWN R o v DE- MON'� V 0 O (1) CONNOR A W ar &L 'V A O V DEMONT AV 22 X BR cT Q H e 60 w ell �� S"TA NT a E- f� 11 2 XTAN T AV GERVAIS AV PKwy GRANOIIIEW AV z :�► 3 ` m VIKING OR Y EN COPE CT Cop E AV I�nucxfe Head L 0*0 :.� ��•:........�� lie / %r Lok _ LARK AV W RK a • H Co R o cr On L AlIRIE z Co a R �� �� 25 Cr LELAN RD = D 9 } SANG- HURST z z A- 9URKE a1/ c JUN TI N ST ? Y ^ 1 ELDRIDGE AV 3 O 1 p� Oehtl //JiB y CHAMBERS Sr y (I E AV E M NT Q BF ELDRIDG AV 3 y V 4 _ H - y j KI A W A ►I SK LMAN = ui 3 W KENW D AV IILMAN AV ..... Q- 'Q LA ° V u O RRI MT V RNON N QQ`' N ROSEti W z W AV 26. , RYA RY- N S AV rRA I L -- �. FROST y F- f0 AV BELL OOD � v 4. o a 60 27 `~" o _ a 0 a 0 / W FE ON AV p z 0 J W W ` 3 a o t ME R AV W A y O REATIO N� L. _ rW �� c* 62 W Q FRIS9IE AV a SUM RE- ,r."_"" Y W a RIPIEY o f z vs z 10, Q 27 "���� �'� w N'�� z o KI NGSTON AV RO A AV _ 3: S� �o► Wl�`f ELQ Y Q Ai w » RICE ?- AV 3' z z J J IA AV LAIC ~ n a Q _J 3Q �. ` ('� a J PRICE b .. V 4 t - V4 � � p sAiwr PAU si l. 62 64 LOCATION MAP a Attachment 1 it ` / . ....- „• ..� � , � 01 \ Lea ” '�• 221 - 1071 � ,. CO UNTY ROAD B- ra fv -- — - x' < / !a b- �e / 3. So , / Coupo? Y RA t '�o f O«NTIt OF R �i KELLER GOLF COURSE N o co V N1 I of "At� e T o.ss a _ , 4 N' c .ti • s toy s C� t •M law '• i 43 0 , 4 I GU � 5� Pa1asG��L1 �1►Np i t � •0 �• 7•p •• G,p , O I' a j � Z a� j= m t J ' t / f U o �1 LF•� E �$ ' .. % ,•= aRir�N SS E e,7 �� i3O Dur1P51�F� IOU. EuEV• 00.0 -x s P / _ cc I t4l ai'Alk • +� a....�. �.. ...r. � " ... Zv 6AIwf ' 6.01 _VA } N rte. •P ' :�::�::::::•::.; •:. ; sr = ,L vl r / ::: ::••:: •: ::V': •:'::: V ' 0 It ! N' • •..::• s ilia PPtEM, .� rA t�vi; 3v- d�,t,a�Jtar S�TbACf` I `N .. �� � � �' �tyNT S�' sr�e 6 c�►NoPY s,�, z roLt 9.3 t v;- 0 1, F, Je 1 1 Gu;.v+�p•�f t' f _ 1 1 - f , 1� 1 p rl - 1 1 I�'•t� Z1�� �v•v 30:0 � ; '' ,� �� curb uJT � SITE PLAN Attachment 3 4 N uu�O HOFFMAN CORNER 01L CO. INC. There's Just One Thin You 9' Have to Kno About Gasoline --. HOFFMAN'S CORNER OIL CO. INC. 3595 Hoffman Road ' Phone: 484.3323 WHITE BEAR LAKE, MINN. 55110 December 21, 1987 City of Maplewood 1830 East County Road "B Maplewood, Minnesota 55109 Re: HCO station renovation at County Road "B" and Hig hway . 61 Subs ect : Requesting zone �� e change to Commercial Use" Gentlemen: On behalf of Hoffman Corn ' 1 Company, I am submitti and request Corner 01 q st for some assistance with change. this letter the above zone chap 9 Some of the pl anning committee members may of this iy or may no • property. This corner ha y t know the history service station d been and still is o era - on as far back as the earl 1 � o perat ing ng omens and residents have as a � y 40 s • A number of our cu ve commented on the longevit st our business and hope it will g ty and convenience of I continue.. We understand your Position t i �� • this p on on the Comprehensive P1 property has served Maplewood an an and feel that years and should - d i residents for a numb be given some consideration an of ion in the over all plan. We would like to get the n • laps necessary so that we can r P and equipment ordering f p roceed with our g or early spring building. With the possible incomin g of Menards at the old Warne feel this ' property should be zoned "Comm �� Warner site, we _ ercial now more than ever. We also feel our u crease up -g of this property wi l • the image of Maplewood and y greatly in- their tax base. Thank you for your consideration, HOFFMAN CORNER OIL COMPANY Ronald L, Urban Operations Manager RLU: d jo 7 Attachment 4 ejected.. Date MEMORANDUM TO: City Mana FROM: Director of Communit Devel.opment SUBJECT: Real Estate Journal Ad DATE: Januar 4# 1988 Staff is re a bud transfer of $1300 from the contin account to pay for a full-pa ad promotin Maplewood in the Januar issue of the Real Estate Journal. The Real Estate Journal is a weekl publication distributed to developers and real estate professionals state-wide, A special "'market focus" Se c tion of approximatel 20 pa in late Januar will feature Maplewood. We feel this would be an Opportunit to place an ad promotin the city. A rou concept of the ad is attached. It would include photos and be in full color, The council and plannin commission • have p . reviousl discussed the problem of improvin Maplewood's identit and ima Recent l a g roup of our developers have asked to meet with the cit to discuss this same problem, . This special ""market focus" section and a correspondin promotional ad would be a step in the. ri direction, Alternatives The ad could be smaller or limited to one or two colors for less mone Refer to the attached price 1*st on pa 8 Recommendat ion Approve a bud transfer of $1300 from ' contngency a cco u nt to pa for a full-pa color ad promotin Maplewood in the Minnesota Real Estate Journal. kd DUB I el � lol .i r r t•r j .,. .Ir-, = r:r 1 k •��- • i ' 'tom ��• ii�t'� ` � S •rrt �'♦ s :Y "'�•� ! �'" ''r {! . ' ,r' t� '�i� ; �, r � art i,.. , ..t , � ��v -Y � y.� � .a -y i '!r'��r �.'t. rf4.r 1.! tt� '' - .r t _ �,3:..M�'� .Q�4 . ♦,�,� � ° ,mil .'r ,. ♦,t•r Xy��l�,l� �,�..'�...�f�.•.��� 1 �, 1 �Y' 4y ► �� i ..A.�jft.� , .�..,' . �,j !'..5�� a��,.�.�..��' �• .' «. M �. •� i �:t "rf�� ,'y �'+! -:rah �' �1'• -y, 4.r "'� r �' r•• ,�.! + ' `� 1,y 'r.. '�� ti 4 J���+ •�+�[ `�.'�'� "� y.J � i , �C"¢ t .+ ����w «r i {,. ��" r •� : ti l � l !S. y ...t��}p + !`�- ♦ t•I `Y�:. �.�. ♦ � . f • � 1�•�.. r � .. - •` • � I�`-1 t •' .� Trr .t k • 'p w.t ty t' ° `'q ' •-�''. �. 3'1'T'k: 1 r • • ����• �. .�..�y�� ;,t t �`tif .• � �NE� D� RUNTY of I��oNS Aft Ai �h�'TO of 3 M �Xecv�-hue Pic WCUA /V1��I hbm r R y i row 1 Z Takin a Close Look at Cities that Make Minnesota Great T akin g a snapshot look at Greater Minnesota communities, their real. estate and economic development climates — then presentin that stor to Minnesota Real Estate Journal readers — is the prima ob of the MRE Market Focus series. The Market Focus presents a fair, accurate, balanced and ob look at Minnesota communities and their economic health and development communities MRE readers should know about. Minnesota offers countless development opportunities, and the MRE prepares Market Focus sections on cities throu the state that are experiencin g rowth in the office, hotel, retail, industrial or residential markets are experiencin population g rowth ; or perhaps newl completed transportation links have opened a m of development possibilities. The Market Focus section of the Minnesota Real EstateJoumal reaches the state's real estate decision makers — brokers, developers, contractors ' bankers, corporate real estate executives, appraisers, businesses ...the list g oes on. It's an avera 20-pa section, devoted entirel to the sub cit We present features, sidebars and g raphs on: development opportunities the retail hotel, office, industrial and residential/multi-housin markets transportation demo zonin who's who cit director and more. "Phenomenal successful" is how past cities have described the Market Foc series. "We were thrilled with the total presentation. It creates excitement in the cit It's an excitin pro for the MRE staff as well, as it provides an opportunit to become familiar with each cit its personalit and the d individuals that shape that cit g rowth and future. If y ou would like additional information on the MRE Market Focus series and y our cit please do call ( 612 ) 893- 1816.Or write, MARKET FOCUS, Minnesota Real EstateJournal York Avenue South, Suite 390, Edina, MN 554350 3 Additional Benefits of the Market Focus Series T he Market Focus: • Reaches the state's real estate decision makers through MREJ weekly distribution — a focused readership with no wasted circulation. • Reaches your city's real estate community n thorough follow-up mailings. y g p s. g * Provides an objective viewpoint of the city 's real estate and economic l p y omuc development scene from a respected, independent and reliable source: the MREJ. • Is read, re -read and used as a research vehicle for MREJ readers on the different Market Focus cities featured. MREJ readers are building libraries of Market Focus sections. 0 Brings together the government, associations, businesses and their leaders in one united effort — to enhance and encourage the city's economic development. • Establishes firm contact between the city, its associations and businesses with the MREJ for future development news. MREJ Market Focus Editorial Content S pecial formatting with the Minnesota Real EstateJournal Market Focus and the name of your community is clearly dominant on the front page. In addition, special color is used. Inside: Feature stories, sidebars and graphs on: • Development opportunities • Existing markets: Office, Hotel, Industrial, Retail and ResidentiaUMulti- Housing • Transportation • Zoning map Major Industry listings • Availability of land • What incentives the city offers developers • Outlines of the city's master plans and priorities • A directory of the local government, civic groups, etc. • Pictorial overview 4 More about the Market Focus: Its Use and Response .Impact Impact from the Market Focus section is realized both inside and outside the community. Respondent cities indicated the Market Focus section: • Unites the business community with the city • Provides good research /backgrounding information to prospective developers • Cements 'a team approach in marketing the city • Creates an additional sense of excitement in the area 2 Response Response includes both solid contacts and in one case, two new retail shops were proposed. Cities are seeing response from the following: • 67% Phone inquiries • 42 %Letters requesting information • 42 %Walk -in visitors to city hall or chamber office • 16% Development proposals to the city 3 Respondents The types of people/business responding to the Market Focus section includes: 55% Developers • 13% Interested officials • 48% Business owners • 13% Corporations • 42% Real estate professionals Use Cities are using the Market Focus as an additional marketing piece for the city. For example, the city of Shakopee says, "The chamber has sent them to potential business people and developers who want information on Shakopee." The city has also distributed the Market Focus at its bi- annual industrial day. From Sauk Rapids, a community outside of St. Cloud, the city said, "Marketing is an important part of and city's efforts to attract commercial and industrial development. Large or small, every community should consider marketing themselves and we found the MREJ to be an effective tool to share our story." Copies Numbers of copies distributed by each city averages about 300 and goes up to as many as several thousand. 6 Interest All cities surveyed were interested in having a repeat Market Focus published in the future on their community. What ' i S • Cit es are in about the Focus ..,. , .. « our 20 -page June Market Focus section on Shakopee has been a real hit in this city... one local developer who advertised indicated r that he had contacts as a result o the focus section within hd f t thin the first 30 days after publication. ' • "We have also received unsolicited comments from developers r who have stopped in ... the whole section has been well received b -� the city and. has become a matter of community ride: ' ' yp —John Anderson, City Administrator, Shako a� ,, A very good publication on the area which received a lot of positive feedback from inside and outside the community.. it provided a good focus on the community for residents as well as the outside public." — Kurt Ulrich, Community Development Director, Champlin "W were pleased with the quality of the overall publication ♦ . . and with the timely fashion in which the publication was put together with a minimum of city staff involvement: ' — Robert Kirchner, Community Development Director, Anoka "We feel the document was laid out in a thorough and professional manner which fairly depicted the City of Chaska. In addition, the lead headline of the article, "Chaska: Balancing small town charm with big city development" could not have been more accurate for depicting the type of setting and development that is occurring in Chaska. I feel the real advantage of the Market Focus is that (it) is an impartial third party document that is professionally done. I think that carries more weight than a city prepared document. ,1 g — Clark Arneson, Community Development Director, Chaska "The Market Focus was very well done and I have received many favorable comments. The publication will be of great value to me as I continue to promote the fine attributes of Maple Grove♦ The final product exceeded my expectations which were already quite high. You very accurately captured • .. ..y a p why Maple Grove is truly one of Minnesota's most exciting cities: ' - - Alan A. Madsen, Economic Development Director, Maple Grove Cf How the City Assists in the Market Focus Project By participating in a "brainstorming" session to set the framework for both the editorial and advertising departments. By providing phone books, chamber membership lists, other pertinent lists, zonin maps, figures, etc. g By providing a contact person(s) acting as a liaison between the city and MREJ for the Market Focus efforts. JOB 14 A letter of introduction by the city to various city agencies and businesses which describes the city's involvement in the Market Focus project is helpful in building momentum. The MREJ advertising staff is solely responsible for the selling of advertising space. The city's assistance in prioritizing potential advertisers is appreciated. Take a Look at Past Market Focus Cities S ince its inception in June, 198 5, the MREJ Market Focus has featured the following communities: Shakopee Uune 1985) Mankato/North Mankato (Sept. 1985) Albert Lea (Nov 1985) St. Cloud and surrounding communities Uan. 1986) Brooklyn Park (Feb. 1986) Lakeville (Mar. 1986) Anoka/Ramsey /Champlin (April 1986) Rochester (May 1986) Burnsville Uuly 1986) Minnetonka (Aug. 1986) Woodbury (Sept. 1986) Brooklyn Center (Oct. 1986) Winona (Nov 1986) Plymouth (Dec. 1986) Inver Grove Heights Uan. 1987) Willmar (Feb. 1987) Chaska (Mar. 1987) Maple Grove (April 1)87) Roseville (May 1987) Hastings (May 1987) Eden Prairie Uune 1987) Coon Rapids Ouly 1987) Golden Valley Uuly 1987) Duluth (Aug. 1987) Hopkins (Sept. 1987) Eagan (Oct. 1987) Red Wing (Nov 1987) Call for an updated list of communities. 7 Distribution The Market Focus will be distributed in all circulated copies of the MRE,J. Readers of the Market Focus include developers, contractors, corporate real estate executives, CEOs, investors, brokers, banker, accountants, attorneys, appraisers, insurance professionals, syndicators and property managers. Followup mailings to the subject city provide additional distribution. Additional copies of the Market Focus will be provided at $.50 each (pre- publication price), plus postage. After press copies are available for $1.00 each. Orders must be received at least two weeks before publication for pre - publication price. Size The size of the Market Focus is determined by the amount of support from the advertisers. Editorial and news constitutes about 50 percent of the section, advertisin the remaining space. Average size of the Market Focus is 20 pages. Advertising Rates, Sizes Two full pages .............. $1400.00 ................ 21" wide x 14" deep Full page ................... $900.00 ................10" wide x 14" deep Junior page ................. $690000 ............... 7� wide x l0y deep Half page .................. $590900.......90.0090 ...10" wide x 7" deep Quarter page ................ $390.00.................4 % wide x 7" deep Color First standard PMS color (red, yellow, blue) .......................... $ 100.00 Each additional standard color ........... .........................X75.00 First special mix PMS color ....... ............................... $150.00 Each additional special mix PMS color .............................. $75.00 Four color process ............. ............................... $350.00 Four color materials required: Composite negatives, 100 -line screen, right reading, emulsion -side down. Also provide cromalin or match print. Typesetting, art charges extra. Please consult with your advertising representative. Agency Commissions A 15 %discount only to recognized ad agencies with three or more accounts on space, color and position. Commissions not applicable on ads not camera - ready. Advertising Policies Please refer to MREJ Rate Card for advertising policies. Deadlines News and Editorial ............................. 3 weeks prior to publication Advertising reservations ......................... 2 weeks prior to publication 7701 York Avenue South ■Suite 390 ■Edina, Minnesota 5 ■ (612) 893 -1816 8 Ac' n by Cou MEMORANDUM Endorse _ �d odifi cc TO City Manager Rej ected... FROM: Thomas Ekstrand- Assoc Planner ate SUBJECT: Sign Code Amendment -- Multiple Dwelling Ground Signs . APPLICANT: Concordia Arms DATE: December.18, 1987 SUMMARY Introduction This is an application to amend the sign code to ermit u to P p a 40- square -foot ground sign and more than one sign per street frontage for multiple dwellings, g Reason for the Change Concordia Arms is proposing to erect a 40- square -foot n . round sign, g This sign would be in addition to the ten- square -foot "Concordia Arms" s sign mounted on the canopy at the front entrance. Refer to the letter on page 7. Alternatives 1. No change. A ground sign could not be erected unless the wall sign is removed. 29 Amend the code to allow a ground sign and a wall sign, gn, but keep the current size limits of 24 square feet or 32 square feet by conditional use permit. g 3. Permit one 24- square -foot wall and one 32-square-foot round ' q g sign for each street frontage without a conditional use P ermit, 49 Permit one wall and one ground sign up to 40 square feet wi th or without a conditional use permit. q 50 An alternative to a conditional use permit would be design review board approval. This would not significantly g ew time but would cantly reduce costs or staff uld save the applicant the time of waiting or a council hearing after design review board review g Discussion Based on the enclosed survey, increasing the permitted sign area would uld not be consistent with the median size requirement of the surveyed cities. It is difficult therefore Y to support amending Maplewood's code when a 32- square -. Y development sign is a typical multi -famil develo ment sign size maximum in the metro area. Staff does suggest, though, that the code be amended to ermit on _ uar - P e 24 -. square -foot wall and one 32 -s q e foot ground sign per street frontage without a conditional use permit. Most other cities allow 32- square -foot signs without a conditional use ermit The ' p majority of cities also allow a ground and wall sign. Staff cannot justify the time and expense of a conditional use permit. for a 32-square-foot • land, quare foot sign on multiple-dwelling _ Recommendation Adoption of the sign code amendment. on a e 11 allowing p g llowing one 24- square- foot- wall and one 32- square -foot ground sign per street g P frontage for multiple- dwelling signs without a conditional use P ermit REFERENCE ord inance Requirement Section 36 -316 (3) Signs up to twenty-four (24) s allowed b sign ( ) q ua re feet may be y g permit for apartment or.townhouse complexes, churches schools, libraries, community centers or an other y institutions. Signs from twenty-five (25) to thirty-two. square feet shall only my be allowed by conditional use permitted P one fascia or freestanding sign shall be p tted f or each street frontage, If a sign is constructed as approved within one year , the one-year conditional use permit requirement shall be waived an use permit shall be d the conditional considered indefinitely approved. Past Actions 1 -9 -84: Council adopted the present ordinance. Prior to this, only one eight- square -foot sign was allowed. 12- 22 -87: The Community Design Review Board recommend the proposed ordinance amendment, recommended approval of Surve Staff surveyed the adjacent communities and also o the metro area cities closest to Maplewood's population. (See page 9. ) j 1 Attachments 10 Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Proposed ground sign 50' Letter of request dated November 20, 1987 6. Survey 7. Code Amendment 2 LOCATION MAP 3 Attachment 1 4 N Vb 4s o• ' -o p M w N 1. 4. 0 C• w h � v � 030 IL O 4 .a ( 0 2.4-0 ac q 6.60 a C. is 0 3 o C3� 05 oza .34 a c � ro •� , �' 329.31 • 008 s . c�'• 14 . 91 a.c • .. � � 2 .17 1 1 f 667, V1 a j Z FT TAKEN f vVrDEM tnG 4 Ir �� " 1 1 501 D oG 204 �8- - ja4walk X05725' 7• i35 40 40 t35 s- y ' 3 G 0 t 3S 207 '50 .. . w } 0 :.: ........... L 0 .. .. . I p 10 r. . •. o ;. : :::: • ... �Cl �j O ( 2997 c 13 13 t • ::::• .... • :.. . .. . •:.:.;...; •: ••.::• ::: f ........... .:.: ...: ..:.. :..:.:.. • • ( Z4) 1't ) 2 40 Ar) • t`j — : Concordia Arms s t % • • � %;��1 :�• i t/�►Y•'�•.�i• .� � :•'• •� � ••"� � 297 ( I O % 12 2 .. • :. ::.:.::• • : ::• :.:•::.::. 3 t,,,� $ 8 • ::.: : ....:...... •::.•::::.::.::•:::• :.::•:•:�:: � .:::•::::::::::::::::� a :.:.:..�.::.:;: ::.�:.� :.:.�:.�::.: �:���• ��. x= .2975 s LL • ;: �:�: •: . •.•.• :: is i: % : %! :: %:' :': X. \:ti j:. .. ; .. . ;.�. i s. ::.�:::.:�: : •. •:::•::•: r� w ::: •.•�•.•:.,:::: 2963 so •::. _ :::::. ;::. OIL . :; •:: ; :•:::; •: • :..;::; :: ::•: 25wc • r. 5 4. 5 . '2 n w • % (3) 14.48 ac . • ♦ do I► so -.• i VIL C AGE OF MAPLEWOOD.- 'PARK SITE i ss • %% . 0 50 • ; WATER so f f � f PROPERTY LINE /ZONING 4 Attachment 2 4 N L X�IA AV E PROPOSEQ SIGN wrr•� r �_ • .. �_ •,� N � �•T}A��i �". __ .��/•, ,. y ` {* Idol � -�. • r _ .r.•�� i.��(. (.�'. ,'•4' •es ELI ...,.... .. _�� ..._....._...�._... ��f•± 4 ... �..•.'V� _. ` J �i�. 1� O . • . ; ._+.._._• err �i,� 2 .fir /�- ._ i ....•. ..•.......r....•. . '• , f . � .j Y. _ "ii X!► . . ., .. -; .� �• r � ! v ­­C010. 0jALK 952 .�`� �� .rte^ . .••_� _.r -• �r ��r•��i.:. +. •� ••• •.. • -. i ♦• • • • • •rr _ _ -..... . • 95�«•� -. 3 .. _ !0 "p J ��� .r.,. .�.:i l . �����.��- ��- J �� 10-C3� YD-o �' '�0�0 •� — 957 9$a j .• L 959 _. • .J, ... _ . i / / - :I - • � !'t ; n O l �' : • T tTv �L� fir-- ,. ._ •' �. , � •..� � � �� a CONCOR IL ARMS . TV PARKING L _ _ < 954 _..... �• � .� '''' x ' E l l 7 t ow CP Zt, ? •� a j _ N ' 7e. •'' t -� ON- LAI �� rn 1 j 7.• G � �i � � � 1 • i+ ,. � t X � F � E . Ix SITE PLAN 5 Attachment 3 4 N ♦ 444 s a4 i C+ C+ 0 fD c+ FFTO M T V 1 EVJ . DOUBLF. PACE ILLUAA. PYLOO t71s PLAY Q Al..JM . CASIUE' C PIC BRONZ.e) COPY ROUTED 114 ; -,AOE A N C VAGKED WITH WHITE MLEXtG4 T f LLUM wrrW (t) )O$u FLUORSO -LAMPS 1 D K. serpNZE METAL PAlAJTSO APRON OvE PIPE U PR I CA4TS GRADE &N P V t S\A/ ONCORDIA RMS, INC. 2030 LYDIA • MAPLEWOOD, MINNESOTA 55109.770 -0402 November 20, 1987 BOARD OF DIRECTORS Susan Truskolaski Chairperson Colleen P. O'Kane Vice - Chairperson Rev. Richard F. Goebel Secretary F. Lauren Ashley Treasurer William Bierman Dave Dreis Mary Duncan Betty Goebel Erven Gross Joan Gross James G. Kirk Gerald Mogren Raleigh Nelson Laurel Spiess - Burrell Equal Housing Opportunity City of Maplewood Attn : Torr, Ekstrand 1820 E. County Road B Maplewooad, MN 55109 Dear Mr. Ekstrand: Reference is made to my visit to your office the afternoon of November 19, 1987. I know I speak for the Board of Directors in thanking you for the cooperation, courtesy, and prompt atten- tion you gave to our request for a sign for Concordia Arms. As we discussed at yesterday's meeting, this building of 125 units is set well back from Lydia Avenue and although three stories high, its subdued exterior finish (two shades of brown) and landscaping, make it difficult for visitors to locate es- pecially with the low street lighting level. In order to rec- tify this problem, we have proposed a sign (Lawrence Signs, Inc. drawing attached) constructed of dark bronzed, anodized, alum- inum which is the same color that you wll see on the trim of our building. The sign would be on the slope of the berm of ground just west of the driveway. The subdued color of the sign would blend well with the surroundings and should provide minimal detraction to residents of the area. The use of cut out letters /numbers with interior lighting would provide sufficient light to read the letters without lighting the area with floodlights. Based upon the sign requirements, we are requesting a code amendment for this area, as it is now designated a farm area, and approval for the sign as proposed. In addition, as you know, the name of the building appears just above the canopy entrance of the building and is constructed of small dark brown unlighted letters, hardly visible from the road. We feel they are so unobtrusive they should remain as their removal would leave a rather unattractive entrance. Managed by Amherst H. Wilder Foundation 919 Lafond Avenue • St. Paul, Minnesota 55104 642 -4027 7 Attachment 5 NOV 2 4 1987 We further-ask that y ou continue to g ive our re the same prompt attention y ou have thus far. In order t hat we both provide the residents the response the have come to expect from their Board of Directors and the Cit of Maplewood. If y ou have an q uestions or additional re please con- tact me immediatel or either of the othe two individuals named. Ralei Nelson Member, Board of Directors 484-5772 Lauren Ashle Member, Boar irectors 738-3792 Pat RajA sc Housin Mana RI-mr-A IF We ft 770-0402 City Plymouth Maple Grove Roseville Cottage Grove Maplewood Crystal. Golden Valley Shoreview Blaine SURVEY MULTIPLE DWELLING SIGNS 12 (Cities are in order from -to -least restrictive.) Maximum Size Permitted Signs (square feet) (One sign per property) One ground sign per property 32 One wall or ground sign per 24 .property One wall or ground sign per 6 (6 -12 units) property 24 (13 -24 units) 1 square foot per unit up to log sq. feet (over 24 units) One wall or ground sign per 100 property (One sign per street frontage) One wall or ground sign per frontage 24 ( 3 2 by CUP) One wall or ground sign per frontage 32 One wall or ground sign per 2 - either ( There frontage is n(r specific _ criteria; council _ can approve sign plan.) One wall or ground sign per size depends on sign frontage plan approval (More than one sign per property) One wall and ground sign per 10 - wall property 36 - ground g Attachment 6 (More than one sign per street frontage) JP Columbia Heights One wall and one ground sign g per- frontage South St. Paul - One wall and one round n si g g per frontage New Hope One wall and one ground sign per frontage New Brighton One wall and one ground sign g per frontage (Miscellaneous) Brooklyn Center One wall sign per building. g Complexes with three or more buildings may have one ground sign per street frontage Eagan One wall sign per frontage and one ground sign per property Results '(excluding Maplewood) 2 - wall 16 - ground 2 wall 24 - ground 2 wall 25 - ground 30% of signable area ( up to 200 sq. foot wall) 35 - ground 10 - wall 36 - ground 20% of wall area -- wall council's dis- cretion. (No specific limit) - ground 8 cities allow a wall and ground sign. 6 cities allow a wall or ground sign, 1 city allows only a ground sign. The median size for a ground sign for a 125 -unit project is 32 square feet with a range from two square feet for "name-plate/address" q q a sign to no limit. The median size for a wall sign for a 125 -unit ro•ect is 2 p � 5 square feet with a range from two square feet to no limit. 10 ORDINANCE N0. AN ORDINANCE AMENDMENT FOR SIGNS IN RESIDENTIAL DISTRICTS The Maplewood City Council hereby ordains as follows: Section 1. Section 36 -316 (3) is amended to read as follows (additions are underlined and deletions are crossed out): (3 ) Wall signs up to twenty -four ( 24 ) square feet and freestanding signs up to thirty -two (32) square feet may be allowed by sign permit for apartment.or townhouse complexes, churches, schools, libraries, community centers or any other institutions. pr-m-__ One fascia e-r and freestanding sign shall be permitted for each street frontage. - 9 q-.--- is-- ��- t-- u�te--- s-- ��►e --i- -- awe-- ,-- i:- .�uae.- ye a r eel-rt a- -- erre as e - - n:4-t- Section 2. Section 36 -437, Conditional Uses, is amended to read as follows (additions are underlined and deletions are crossed out) : Sec. 36 -437. Conditional Uses. Conditional use permits may be issued by the city council in any zoning district for any of the following: (1) Any of the uses or purposes for which such permits are required by the provisions of this chapter, (2 ) Public u t i l i t y , public service or public building uses in any district, when found to be necessary for the public health, safety, convenience or welfare. (3) Mineral extraction in any district. (4) To permit the location of any of the following uses in a district, from which they are excluded: Heliport, library, community center, church, hospital, any institution of any educational, philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of the human dead. (5) An off- street parking lot as a principal use in a commercial or industrial zoning district. (6) The use of portions of an apartment building for commercial or business uses, such as a dairy store, drugstore, beauty parlor, barbershop, doctor's, denti.s is or lawyer's office, and similar uses. li Attachment 7 f -} - -- - m a T t E CA t -, {-g-} n e.- .a. -g. :- -} �- - e -t-y�- et -- fl2+) --� q - -,� - , art tYtrt e��g- r }-- g- �e -t ----area-f sr'dra c-- . (7) Planned unit developments (PUD ) Section 3. This ordinance shall take effect upon its p passage and publication. Passed by the Maplewood City Council on , 1988. Mayor Attest: City Clerk Ayes-- Nays-- 12 MINUTES OF _ T E MAPLEWOOD COMMUNITY DES I G REVIEW BOARD TUE DAY, DECEMBER 22, 19877 7 P .M . 1830 EAS COUNTY ROAE1 B, MAPLEW00 , MINNESOTA T . CALL TO GIRDER Chairman Moe c l l ed the meet in to order at 7 p.m. II. ROLL CALL Donald hive Present Tom Deans Presen . Bob Peterson Prese Jim Koc h s i eta Prese t Earl Marlow Abse t Marvin Erickson 're ent III AP'P'ROVAL OF MINUTES An November 24, 19 - Board Member Peters n m ved approval of the minutes of November 24, 1987, as SL m i t t ed . Board Member Er i t son sec n d e d Ayes--all B. July 28, 19 7 Board Member P terson moved approval of the minutes of ,July 28, 1987 as submitted. T:. Board Member Deans seconded Ayes--all IV . APPROVAL OF AGENDA Board Memb r Kochs i ek moved app oval of the agenda as submitted Board Me ber Deans seconded Ayes -- --gall V. UNF I N I S ED BUSINESS via DESIGN REVIEW A as Sign Code Amendment -- Mul t ipl a Dwel l ing Signs - Concordia Arms Request F'at Rang i tsch , Mousing Manager at Concordia Arms, discussed the proposal with the board members. The board discussed the sign size restrictions of other metro area municipalities. Board Member D moved adoption of the sign code amendment allowing one 24-s wall and one 32- s ground sign per street frontage for multiple- dwelling signs without a conditional use permit. Board Member Koch.siek- seconded A B. Sign Code Amendment P Sign Height - Da Inn 7 $i-,e q Uest Jim Becker, Gen, ral Manager of D s Inn, was present at the meeting. He discussed with he board the re to erect a 75-foot-t. p sig a 0 Board Member Kochs.-{,ek moved t e board tabl e this item with no action takeh. Board Member Deans sogonde A VIIS VISITOR PRESENTATIONS VIIIS BOARD PRESENTATIONS I x STAFF PRESENTATIONS An "Beautiful Buss ness" c 'teria The board members i / q uestioned w the criteria for "best dressed" would b 'determined, 9%I*nce ever has his or her own idea of hat "best fires d" consists of and f el t that it would b opening a "can f worms The members al o mentioned the loca- ion and land as factors which would determine the ex erior and landscaping the business. The boa d said that it would be a c of I ict of interest to rev *ew landscaping and ex ter io plans and then recommend a ands for the same. The q uestioned how a. smal I busin s could compete wi h a ver large business. The boar They to refer this item to the C y Counc i I xe ADJOURN ENT ENT Meetin'§ adjourned at 7:55 p.m. A GENDA NUMBER ` MEMORANDUM TO: City Manager` FROM: City Engineer SUBJECT: Change Order Three, Hillcrest Sanitary Sewer Project 86-22 DATE: January 4, 1988 End ors e�_______ Modified.... Re eoted________ Date The attached letter provides the background information aboat Change Order Three. The change order has been reviewed by city staff and recommend its approval in the amount of $84,100.10. jc i ENGINEERS ■ ARCHITECTS ■ PLANNERS December 30, 1987 222 EAST LITTLE CANADA GOAD, ST. PAUL, MINNESOTA 55117 612 484 -0272 RE: MAPLEWOOD, MINNESOTA HILLCREST TRUNK SANITARY SEWER PROJECT NO. 86 -22 SEH ' FILE 87113 City of Maplewood 1830 East County Road B Maplewood, MN 55109 t %o AA Haider 12.3L'87 This letter is intended to provide further detail as to the additional cost of work shown on Change Order No. 3 which occurred on the above referenced project during the months of November and December. Change Order No. 3 includes 3 items: 1) Application of calcium chloride for dust control on McKnight Road, 2) Substitution of PVC pipe for RCP pipe and 3 ) Granular Replacement Backfill • The application of calcium chloride was not anticipated on the original contract because the bituminous restoration of McKnight Road was to be completed in the 1987 construction season. After the contract was let, the City negotiations through their with g g the City of St. Paul and Ramsey County, felt it may be desirable to completely reconstruct McKnight Road between Ivy Street and Maryland Avenue. These discussions were generated by the fact that this segment of McKnight Road may eventually be turned over to the city because of the new McKnight Road alignment. Since the negotiations have not been completed and in an attempt to save temporary bituminous surfacing costs, it was necessary to provide calcium chloride dust control on the gravel surface. PVC (plastic) pipe was substituted for RCP (concrete) pipe because of leakage problems that the contractor was experiencing in the beginning of the project. It was felt that plastic pipe would be more resistant to inflow from groundwater than was being experienced in the concrete pipe. Even though minor infiltration is acceptable MWCC charges the city for treatment of inflow. The savings shown on the change order are based on material cost. The cost of installing pipe is about equal, Granular Replacement Backfill was added to the project to replace unsuitable subgrade material that was encountered during construction. This unsuitable material was on McKnight Road north of the railroad tracks. During the design of the project the City furnished a soil borings report indicating 20 borings SHORT ELLIOTT HENDRICKSON INC. ST. PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN City of Maplewood. December 30, 1987 Page 2 were:: taken along- the sanitary sewer alignment. An enclosed copy of a map from the report shows the boring locations. The unsuitable material was :found during construction between boring No,.. .4 and boring No. 5 and between boring No. 5 and boring No. 6. Borings No. 4, 5 and 6 did not indicate the unsuitable materials that were encountered during construction. The .material encountered near the borings were similar to the material indicated in the boring report. The unsuitable material' was between the boring locations If borings would have been. taken in between borings 4 and 5 and 5 and 6 most likely Y the would have revealed - the material that was encountered. If this was known at the time of plan preparation, a quantity of granular replacement backfill would have been included in the original - bidding documents. The construction was within the Ramsey County Y right -of -way, and County. repre sent atives insisted on the use of thy. s type of backf i l l rather than placing the unsuitable backf i l l back.in the trench. The measurement of Granular Replacement Backfill placed in the trench was by the ton and was field verified by making volume measurements. Payment for Granular Replacement Backfill material includes excavation and hauling away the unsuitable material and hauling in and placement of Granular Replacement Backfill. We hope this provides you additional information relative to this change order. We are available to answer q uestions. Si erely, Don Chris fersen jms a1 ' ATTACHMENT CHANGE ORDER NO, 3 CITY OF MAPLEWOOD HILLCREST'TRUNK SANITARY SEWER PROJECT '86 -22 SEH FILE: 87113 Net Change 1. Application of Calcium Chloride for .dust control on McKnight Road 2,000 gal @ $.87 /gal. $ 1,740.00 $ 1,740.00 2. Substitute P.V.C. Pipe for RCP Pipe Delete 15" RCP 2 LF @ $40 /ft. (80, 000.00 ) Delete 12" RCP 1, 070 LF @ $38 /ft. (40 Add 15" PVC 2 LF @ $40 /ft 80, 000.00 Add 12 PVC 1, 070 LF @ $35.93/ft. 38 SUBTOTAL ( 2,214.90) ( 2,214.90) 3. Add Granular Replacement Backfill to replace unsuitable material encountered on McKnight Road between manholes 15 & 21 Granular Replacement Backfill _9; 950 - TON @ $8.50 /ton 84 575.00 84, 575.00 TOTAL $849100.10 tuul city testing frxwmoon w J t12• mss f11 0 3 �9 fg IDAHO AVE. 07 *20 ` *19 #18 +17 X16 � 15� #13. C 8 N Reference t Stat ion B ase Lin` r + E . MARYLAND AVE. HOLLO A VE. t McKnight 3 0 4,� O O IERNE Y �� _ o 3 v A%FA V ER Y 22 +00 McKnight 7 2 +25 W 8 8 +10 Sterling 9 3 +25 Sterling STHNO212 1 +70 Larpenteur W.J Qr Cr 6 +25 Hi llcrest 12 7 +75 Hillcrest % 3 '--�- Hi llcrest 14 > � W Y 15 24 +95 Hillcrest 16 29 +10 Hillcrest 17 RIPLEY " 1 1AVE. 18 4+50 S to r 1 i In 19 3 +50 Sterling 20 2 +30 Sterling ►-= to Li w ZN o Cr � _ � Z r Cr � o z _ v W Z � LARPENTEUR AVE. 0 , 1 O W u G;;e 0 160 Boa w J t12• mss f11 0 3 �9 fg IDAHO AVE. 07 *20 ` *19 #18 +17 X16 � 15� #13. C 8 N Reference NOKOMIS Stat ion B ase Lin` r + E . MARYLAND AVE. P McKnight 3 0 4,� O O 12 +60 �� _ o 3 17 +00 A%FA V ER Y Bor i ng Reference Number Stat ion B ase Lin` 1 2 +05 Maryland 2 5 +00 McKnight 3 11 +40 McKnight 4 12 +60 McKnight 5 17 +00 McKnight 6 22 +00 McKnight 7 2 +25 Sterling 8 8 +10 Sterling 9 3 +25 Sterling 10 1 +70 Larpenteur 11 6 +25 Hi llcrest 12 7 +75 Hillcrest % 3 15 +00 Hi llcrest 14 20 +70 H i 1 lcres t 15 24 +95 Hillcrest 16 29 +10 Hillcrest 17 5 +50 Sterling 18 4+50 S to r 1 i In 19 3 +50 Sterling 20 2 +30 Sterling I Agen d # Action by Council it ?,mod o - -rse d ^ w M1 o i f i e d---.., e j ectead Date TO: Mayor and City Council FROM: City Manager RE: L.E.L.S. Patrol Officers Contract DATE: January 4, 1988 Introduction I have met on several occasions with representatives of Law Enforcement Labor Services, Local 153(L.E.L.S.) and have reached an agreement with them for 1987 ..and 1988, pending City Council approval. The members of the unit have approved the contract. Discussion One of the major issues discussed was how to implement comparable worth. It was decided that this issue should be reviewed and discussed as part of next years (1989) contract, after the other bargaining units have settled on a plan. Recommendation The following changes are recommended to the Patrol Officers, L.E.L.S, Contract: Salai 1987 - 4% increase 1988 - 3% increase Differential (Effective 1-1-87) Paramedics - 5% above top patrol All other specialties - 4% above top patrol Insurance 1987 - Increase $10.00 per month 1988 - Increase $10.00 per month Holidays (Effective 1 -1 -87 ) Add - Martin Luther King's Birthday vacation (Effective 1 -1 -88) There were no changes in the amount of vacation that an employee c h an earn however, there was a change in the method of selection as follows: Employees may select two (2) continuous vacation periods b seniority each year. The first choice shall be selected from a posting posted by March 1st. Such selection shall be completed by March 31st. The second choice shall be selected from a posting . Aril 1st. S posted b y p Such selection shall be completed by April 30th. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. After April 30th, vacations shall be bid on a first come first served basis. Call Back (Effective October 1, 1987) Current call-back language is that the City w i l l pay a 2 -hour minimum for each time that an employee is called back. The following has been agreed to for Paramedics only: 2 -hour call -back the first time and actual time with a one -hour minimum thereafter. Court Time (Effective 1 -1 -88) Increase Court time from two hours to three. Stand By Pay (Effective 1 -1 -88) 1/4 hour of pay shall be granted for each hour that an employee p oyee is required to stand by - this applies to Paramedics only. AGENDA NUMBER A.0tion by Council AGENDA REPORT 113 ��0 rs ed'_______ TO City Manager J'Aod-i FROM: Public Works Director Rej ected-..----- SUBJECTx Two Additional Full-Time Employees for EngineerirDat Division DATE: January 4, 1988 INTRODUCTION The 1988 Budget includes funding for a new engineer-in-training position and one additional engineering technician. The personnel functions and needs of the engineering division have been reviewed in detail and reassessed. It is requested that the engineering division be authorized to hire two full-time engineering technicians. BACKGROUND The staff of the engineering division currently consists of five engineering technicians and the assistant city engineer. The primary functions of each position within the engineering division are briefly summarized as follows: in Engineering Technician James Elias _Review of grading permits. - Inspection of final grading at residential and commercial construction sites~ - Resolution of sewer bill questions. - Review of building permits with respect to public utilities and drainage. - Calculation of SAC, PAC and WAC charges. - Submission of MSA road mileage reports to MnDOT. - Traffic counts. - Answer resident questions and complaints. - Water utility service applications. 2. Engineer Technician Walter Geissler - Initial review of street and utility plans submitted by developer's consulting engineer. - Oversight of consulting engineers' inspection services for developer projects. - Draft contracts for residential development. - Appraise adequacy of escrow funds on developer projects. - Acquire easements. - Computer programming to support assessment process. - Handle resident questions and complaints. 3. Engineering Technician James Gessele - Design of in-house projects. - Drafting of in-house projects. - Construction inspection of in-house projects. - Surveying. - Deal with public and others. - Prepare draft of feasibility reports. 4. Engineering Technician Dennis Peck - Computer system coordinator. - Submit annual reports to Metropolitan Waste Control Commission. - Responsible for as-built records. - Organization of division library, records and maps. - Maintain division equipment and supplies~ - Answer resident concerns and questions. 5. Engineering Technician William Priebe - Design of in-house projects. - Drafting of in-house projects. - Construction inspection of in-house proJects. - Surveying. 2 - Deal with pub1ic and others~ - Prepare draft of feasibility report 6. Assistant City Engineer Bruce Irish - Approve plans for developer projects. . - Resolve problems relating to residential development. - Review proposed plats for conformance with comprehensive plans. - Supervise all phases of in-house projects,, - Administrative duties. -- Coordination with outside engineering firms and agencies. - Prepare final feasibility reports and other reports. Answer resident q uestions, To assess in what manner additional personnel could be most effectively utilized, convepsati ons were held with each member of the engineering department staff. The consensus was that each staff member is relatively satisfied with their area of specialization, although some technicians requested the assignment of more challenging work on occasion such as project design as opposed to record keeping. The Maplewood Public Works/Engineering Department engineering technicians are very well qualified and have extensive experience ranging from five to sixteen years each with Maplewood's residents and public works facilities. There is some overlap of responsibilities that is proposed to be corrected to improve efficiency of the engineering division. However, without additional personnel the existing and projected workload cannot be handled in an efficient and timely manner. ALTERNATIVES 1. Do nothing. 2. Hire only one engineering technician at this time. 3. Hire one engineering technician and one encaineer-in- training. 4. Hire two engineering technicians. � DISCUSSION I Do nothing. As stated previously, the current and projected workload cannot be expeditiously met without additional personnel. The current and projected workload consists of the rapid pace of developer projects, which exceeded 25 projects initiated in 1987, alon,@ with city initiated projects~ Additional future projects are up dating f th i mplementation completion of an approved comp sewer plan, ~ of = capita/ improvement budget, development of computer models for existing and proposed water distribution system and storm water systems, investigation of street lighting and storm water utilities. There is a backlog of routine work such as record keeping, eep ng, survey control points, traffic counts and tests of water system fire-flow capacities that were delayed in an attempt to keep up with other projects. 2. Hire on additional engineering technician only at this time. In this case, the additional person would be assigned to work with James Elias and Walt Geissler in coordinating projects designed by outside consulting engineers. The main function of the additional person would be to perform routine overview of inspection efforts and routine drainage checks. Additional duties would be to assist James Elias and Walt Geissler with processing water utility service requests and assembling background data records as nw*eded. With assistance in doing the straight forward aspects of their current positions, James Elias and Walt Geissler could assume duties for which they are amply qualified and have significant background experience. It is intended to assign James Elias as the primary point of contact for projects designed or being studied by Short Inc. Similarly, Walt Geissler would be assigned as the primary point of contact for projects designed or under study by Toltz, King, Duvall, Anderson, and Associates, Inc. This should make it easier for the consultant engineers to get needed information from the engineering division in a timely manner~ Both James and Walt must be outside a considerable amount of time and be aware of ongoing work by others in order to do their present jobs. This fact, coupled with their background knowledge and experience, makes them a logical choice to be the point of conta through the entire project sequence from feasibility study to construction. James and Walt should be particularly well suited to advising the consultant engineer of community concerns during the construction phase. Finally, assignment of a single contact person will eliminate duplication of effort by other engineerin�-.; division staff members. The final review of consultant-designed projects or questions of department policy will be forwarded to the assistant city engineer or city engineer. 4 The addition of only one engineering technician will not allow for correction of backlog of routine engineering division functions of record keeping and testing or in-house design. 3. Hire one engineering technician and one engineer-in- training. The assignment of the engineering technician would be as discussed in Alternate Two previously. Although an engineerM- in-training might be useful for some of the engineering division objectives relating to administrative work, the majority of the tasks to be performed would more aptly be performed by a second engineering technician. The assignment of the second engineerin�:.:j technician and redistribution of duties to the other three existing engineering technicians is described under Alternate Four be1ow. 4 is Hire two engineering technicians. As described before, one of the additional engineering technicians would be assigned to work with James Elias and Walt Geissler on projects engineered by consulting engineers representing either a developer or the city. It is proposed to assign a second engineering technician to work with James Gessele, Dennis Peck and William Priebe on in-house projects and record keeping. The duties of the second engineering technician would be to serve as survey rod man, drafting of base maps for design projects, recording utility improvements on system maps and other straight forward aspects of work currently done by James 8essele, Dennis Peck and William Priebe. The current engineering technicians have the ability and experience to assume a larger share of responsibility for projects from inception through construction. The additional person should minimize the necessity of transferring a project which has been initially been studied and preliminarily designed by engineering division staff to a consulting engineer for completion of final plans and specifications due to workload constraints. A better quality project and more personal satisfaction with higher productivity of the engineering division staff will result if the same individual handles a project from beginning to end. It is proposed that the responsibility for traffic counts should be assigned to James Gessele. Systematic measurement of hydrant fire-flow capacities as well as establishing survey bench marks is to be the responsibility of William Priebe. Due to his prior experience with assessments and assignment as computer system coordinator, it is logical to designate Dennis Peck as the lead person coordinating assessment procedures. He would be the main contact between the engineering division and the city clerk's office. The engineering technician designated as responsible for each particular project, whether in-house � design or consulting-engineer designed, would assist Dennis Peck in the implementation of the assessment procedure. A review of the major changes in duties and responsibilities for each engineering technician follows, 1. En�ineering. Technician James Elias Added duties: - Initial contact for all projects designed by Short- Elliott-Hendrickson, Inc. and assume related administration items. -Assist in recording of field measurements for sewer permits. Deleted duties: - Traffic counts recording of hydrant tests and survey bench mark data. 2. Engineering Technician Walt Geissler Added duties: - Coordinate with community development in review of preliminary and final plats, - Initial contact for all projects designed by Toltz, King, Duvall, Anderson, and Associates, Inc. and assume related administrative items. Deleted duties, - Daily oversight of construction activities on developer projects. Occasional site inspection is still required. 3. Engineering Technician James Gessele In Added duties, - Assume greater administrative and coordination responsibilities for in-house design and inspection - Conduct traffic counts. FA Deleted duties, - Answer general questions and complaints by residents, outside engineers or other departments/agencies un7ess specifically related to a project which he is responsible. x 4n Engineering Technician Denn.is Peck Added duties,, - Assessment coordinator. - Limited design projects 5~ Engineering Technician William Priebe Added duties: - Assume greater administrative and coordination responsibilities for in-house design and inspection - Maintain and establish hydrant tests and survey bench marks. Deleted duties. -Answer general questions and complaints unless specifically related to project for which he is respono:ible~ il 6. First Additional Engineering Technician: Under the supervision of the assistant city engineer he/she works with James E]ias and Walt Geissler on projects designed b outside engineers. Speci+ic duties are. - Daily site inspections for compliance with erosion control , public safety and convenience, and engineering. division guidelines. - Assemble engineering division records, maps and drawings as required. - Assist in measurement of location of sewer services. - Tabulate assessment data. - Fill out applications for water utility service connections. _. Check drainage in routine situations,, 7a Second Engineering Technician Under the Supervision of the assistant city engineer, he/she works with James Eessele, Dennis Peck and William Priebe in design and construction inspection of in-house projects and documentation of engineering records. Specifically: 7 - Assist with traffic counts, hydrant tests and surveying~ - Construction inspection. - Perform tabulations and calculations for annual MWCC report. - Update utility system maps. - Tabulate assessment data. �" Draw easement maps* RECOMMENDATION It is recommended that authorization be given to hire two full- time engineering technicians, BUDGET IMPACT The sum of salaries for two additional engineering technicians is less than that of the engineer-in-training and the engineering technician authorized in the 1988 budget. jc Flow] Agenda Number MEMORANDUM TO: CITY MANAGER FROM: CITY CLERK DATE January 5, 1988 RE: Permanent Part -Time Position ReJ eote , Date ., During the 1988 Budget Meetings Council indicated that a person should be hired to handle the "rush hours" for the Deputy Registrar Office. Nothing was in- cluded in the budget to cover the costs of an additional person. Since the time of that discussion, a part -time temporary employee was hired to fill in for an office worker who had major surgery. The person.is fully trained and able to handle the work load. I am requesting that the part -time temporary position not be filled, but that a position be added for a permanent part -time employee, with this extra position filling in for vacations, exceptionally busy days (such.as the 10th of the month and the last day of the month) plus "rush hour" business, the Deputy Registrar's Office would function m6tib ckf 1�iently. Cost for temporary part time for the year - $4,899.44 for 14 hours per week, Cost for permanent part -time for the year - $8,340.00 for 24 hours per week. It is recommended Council authorize the permanent part -time position and approve a budget t r an s f e r to cover the cost - - - -- -- -- - - - - -- -- -- - - -- - -- - - - - - -- - - -- - - - -- - -- - - -- - -- A 'b ' W r' M' un c r1n I .1] ].n`. or s P, d R e e c t e Date TO: Ma & Cit Council FROM: Cit Mana RE: Cit Attorne DATE: Januar 4, 1988 The firm of Ban ni and Kell served as Cit Attorne y in 1987. The same i s recommended for 1988. AGENDA REPORT To City Manager Michael McGuire From: Chief of Police Kenneth V. Coll i ns Subject: Reappointment of Prosecuting Attorney and Increase in Cost for Services Date: January 5, 1988 Introduction Martin Costello of Peterson, Bell and Converse has been the City Prosecutor for approximately 11 years. Background l { b l,..' Date Mr. Costello's main responsibility to the City is to prosecute all criminal and traffic charges that are either petty misdemeanors, misdemeanors or gross misdemeanors; however, above and beyond their prosecution, Mr. Costello does a great deal of legal ' trai nwi ng for the Maplewood Police Department, The training that Mr.. Costello does generally takes place approximately four times per year, Mr. Costo' 11*o also helps with the updating of the criminal ordinances that he prosecutes for the City. The City is currently paying a retainer fee of $3,000 per month for the prosecutorial services Mr. Costello provides to the City, No cost is charged for the legal training done for the police department nor for the assistance with the ordinance updates. Mr. Costello is requesting an increase in his monthly retainer to $3,500. Based on the amount of hours Mr. Costello puts in in the criminal prosecu— tion, this averages out to approximately $60 per hour, Mr. Costello has not requested nor received an increase for his services for the past two years, I should also point out that the prosecution services have grown in the past two years due to many statute changes made by the Legislature. Cases that have normally been handled as felonies and prosecuted by the Ramsey County Attorney's Office have been reduced to gross misdemeanors and become the responsibility of local prosecution. Attached you will find a letter submitted to me by Mr. Costello, along with a request for the retainer fee increase and a survey done of the other suburban communities and what they were paying for their prosecuting services for 1986 and 1987. Recommendation I would recommend that Mr. Costello's services as Prosecuting Attorney be retained and that his retainer fee be increased to $3,500 per month, Action Required I request that this matter be approved and submitted to the City Council for their approval, KVC: j s LAW OFFICES OF PETERSON, CONVERSE JENSEN 2 100 AMERICAN NATIONAL BANK BUILDING Ilk t 101 EAST FIFTH STREET ST. PAUL. MINNESOTA 55101 J UL 3-1 ��� (612) 224-4.703 1987' ERWIN A. PETERSON 0 ROBERT C. BELL h4AP OD WILLARD L. CONVERSE C ROGER A. J POLIC KUR F. WALTHER W. TIMOTHY, MALCHOW MARTIN J. COSTELLO Jul 31, 1987. JAMES C. ERICKSON WILLIAM M. DRINANE PAMELA CONVERSE ZERIN CAROL A. BALDWIN Kenneth V. Collins Chief of Police Maplewood Cit Police Department 1830 East Count Road B Maplewood, MN 55109 Re: Maplewood Cit Prosecutions Our File No. 1046.1 Dear Chief Collins Encl is this firm's p .for Maplewood municipal pro secu- tions for. Januar 1 throu December 31, 19880 The avera attorne hours per month for the Maplewood prosecu- tion responsibilities has been .58,25,. At $6*0 per hour, this comes to $3,,495 per month. This avera hours- per -month fi does not include our le assistant workin approximatel matel one and one- half (1-1/2) da a week perfor such tasks as draftin docu- ments, notif witnesses, . keepin calendars, communi with ..the court and the like. These services are handled as part of our overhead and are included in the retainer fee proposal. The hour l summar I have g iven y ou basicall covers the out -of- office, in-court time spent prosecutin for the Cit It has been m privile to serve as prosecutin attorne for the Cit of Maplewood since 1975,,.and I look forward to the opportu- nit to continue to be of service If y ou have an q uestions or need further information re the retainer fee prop please call me. Sincerel PETERSON, BELL, CONVERSE & JENSEN Martin J. Costello MJC/bl Enc. (1) S C14, &P@ LAW OFFICES OF PETERSON, BELL, CONVERSE J ENSEN 2100 AMERICAN NATIONAL BANK BUILDING 101, EAST FIFTH STREET ST. PAUL. MINNESOTA 55101 (612). 224-4703 PROSECUTING ATTORNEY RETAINER FEE PROPOSAL CITY OF MAPLEWOOD, MINNESOTA 1830 EAST COUNTY ROAD B MAPLEWOOD MN 55119 Jul 31, 1987 INTRODUCTION, This is a proposal for the municipal prosecution for the Cit of Maplewood, Minnesota, Ramse Count Court,' Maplewood Division, The bid is for Januar 1, 1988, throu December 31, 19880 RETAINER FEE: Three thousand 'five hundred dollars ($3,500) per month in cludin all attorne time, . travel, secretarial, supplies and other office expenditures, with the. exception of court reporter fees for 'lea-senten-cin trans * 0 P cripts and certificates of 'conviction required for repeat offender ( misdemeanor) p . rosecution and trial.transcripts for cases appealed to the appellate courts, PROSECUTOR* (1) Chief Prosecutor: Martin J. J*De, Universit of Minnesota Admitted to practice befor4 Und ted St bra ti Member of the Ramse Count Associations Costello (1974) cum laude all state courts, federal t,-b oupreffle Court Minnesota, and American Bar (2) Associate Prosecutor: William M. Drinane J.D. William Mitchell Colle of Law (198 0) cum laude Admitted to practice before all state and federal courts Member of the.Ramse Count Minnesota, and American Bar Associations and Minnesota Trial Law Association SERVICES: All prosecutions of ordinances, traffic and criminal violation-s gross misdemeanors, misdemeanors and pett misdemeanors . ) f or the City of Maplewood, venued in Ramse Count Court, I Maplewood Divi- sion; an related work in Minnesota Court of Appeals and Minne- sota Supreme Court, S 04,94110D@ Charging. Draftin all compla.ints for all statutor ordinance, and traffic violations (pett Misdemeanor, misdemeanor, and g ross misdemeanor). Calendar Appearances. Weekl as scheduled. Court Trails. Semi as.scheduled. Pretrials.-Semi as scheduled. Jur Trials. Monthl (week certain), as scheduled, Appeals. Pursuin all appeals taken to appellate courts. Ordinances. . Advisin Cit Council on all traffic, criminal law and ordinance development and chan Traini Updatin the Maplewood. Cit Police on le chan case law developments, court r oom procedures; these trainin sessions would be conducted approximatel four times .a y ear, ,as scheduled b the Chief of Police.. These services include maintainin appropriate files, preparin all notices and documents, notif and subpoenain all wit nesses, preparin necessar written work and makin all court appearances. EXPERIENCE Martin J,, Costello -- Prosecutin Attorne for Maplewood, Vadnais Hei and the Town of White Bear for over ei y ears; author of Minnesota Misdemeanors and Movin Traffic Violations (with Richard Frase and Pheb'e Hau , Mason Publishin Compan 1982; lecturer at. vari ous police and attorne continuin le educa- tion seminars member of the traffic and criminal law committees of.Minnesota State Bar Association and American Bar Association, William M. Drinane -- 'Chief� Prosecutor for the Town of White Bear and Vadnais Hei Associate Prosecutor for Maplewood, Roseville and Lauderdale; lecturer at various police trainin seminars. Respectfull submitted, PETERSON, BELL, CONVERSE & JENSEN Martin J. Costello CITY POP. CONTACT RETAIL HOURLY BUDGE'''T ---86 ACTUAL AMr. - �--86 x --86 PROSEWTION SPENT--86 Maplewood 26,990 770 -4513 86:73,000 finance 87:78 #190 all legal exp. director Roseville 35,820 484d-3371 86 : 36 '.000 87:44 Arden Hills 8,011 633 -5676 86: 87:8,875 Blocalington 81,831 881- 5811 Total salary 142,560 86:138,415 r 141 217 , Kathy x476 3 attys., 1 clerk 87:154,050 Burnsville 35,681 890 -4100 65/hr. 86:80 118,373 Sue Powers 87 :109,900 - just prosecution Eagan 20,720 454 -8100 60/hr. 86:75,000 Jan-July 43,000 finance 87:90 ,000 - just p rosecution director Edina 46,073 927 -8861 didn't have info 86:100,000 150,000 available 87:110,000 all legal exp. Little 7,082 484 -2177 24,600/yr. & 5,000/ . � 86:28 000 r 28 000 r Canada depending on charge 87:31,000 Mahtaredi 4,'29I 426 -3344 60/hr, 86:10,000 Janet 18,700 city admin. 87:30,000 Mendota 7,280 452 -1850 1,500 /quarterly 86:12,0 13,087 Heights 87:12,000 Minnetonka 38,683 933 -2511 Salary; 2 attys, clerk 86:244 000 258 000 (in house) Dale & paralegal �- e9 87:235 000 . _ all legal exp. Eggenburg Mounds Vi:-:i 12 -784 -3055 75/hr . 86:36,000 45,564 finance 87:36,000 director New 23,240 633 -1533 Prosecutor 1,750 /ma, 86:21,000 33,000 Brighton Margaret (civil) 87:31,000 CITY FoP. CONTACT RETAINER HOURLY BUDGU-� -86 AC'I'�JAL ANIT. FEE ---86 FEE-8 S 86 North it 9.35 770 -4450 200 /mO. 86:24,000 24-000. St. Paul Glen 87:28,200 le Oakdale 13 510 , 739 -5086 4,300/mo. 86:51,600 53 Susie 87:72,000 St: Louis 42,931 920 - 3000 58/hr, 86x137,000 47,417 Park Lori 87:137,000 Shoreview 17 300 484 --3353 1, 250 /moo 86:25,000 27 Bill 87:25,000 ou So uth 21 216 , 541 -1387 (PERA 14,918) 70/hr. 86:89,000 54,367 St. Paul Marlin *54,400 ---- prosecution 8 ?:74,000 all legal expo Stillwater 12 225 439 - 6121 29,665/ yr . 75/hr. 86:106,763 102,744 Betty 87:113,401 all legal exp. West 18 455-9671 12,175/yr. (hourly -- 86:41,400 ? St. Paul John Rangus didn't know rate) 87 :43,100 White 22,528 429-852r6 1,134 /mo. 55/hr, . 8 Bear Lake Sharon *35,608 -- prosecution 87:74,000 all legal expo Woodbury 13,520 , 739 -5972 60- 100/hr. 86:36,000 36,400 Mr Wright 87:39,000 hl, o d I Re Date, MEMORANDUM TO: cit Mana FROM: Director of Communit Development SUBJECT: NEST B DATE: Januar 4,P.1988 The Northeast Suburban Transit Commission (NEST) will be meetin on. Januar 7 to approve the attached b Approval b each member cit is re R6commendat ion Approve the commission's b kd Attachment: By-Laws I BY LAWS of NORTHEAST SUBURBAN TRANSIT COMMISSION ARTICLE I. MEMBERSHIP Section 1. The members of this Commission are the governmental units of the cities of Maplewood, North St. Paul and Oakdale. ARTICLE II. DEFINITIONS Section 10 for the purposes of these By Laws, the terms defined in this article have the meanings given them. }; Section 2. "Agreement" means the Joint Powers Agreement creating the Commission. Section 3. "Board" means the Board of Directors of the Commission consisting of two directors from each city which is a member of the Commission. Section 4. "Commission" means the Northeast Suburban Transit Commission created by the Agreement. Section 5. "Member means a city which is a member of the Commission in accordance with the terms of the Agreement. Section 60 "Governing Body" means the governing body of a member. ARTICLE III. THE BOARD OF DIRECTORS Section 1. The governing body of the Commission is its Board of Directors. Each member is entitled to two directors* Each director is entitled to one vote* -1- .Section 2. Two directors shall be appointed by the Governing Body of .each member city, for a term of two calendar years and until their successors are selected and qualified. At least one director from each member city shall be a council member. No director shall serve more than two consecutive terms. Section 3. Board members shall serve without compensation from the Commission, but this shall not prevent a member city from providing com- pensation to its director members for serving on the Board if such compensa- tion is by the city and by lair. Section 4. A majority of the members of the Board shall constitute a quorum, but a smaller number shall have the power to adjourn. Section 5. A vacancy on the Board shall be filled by the governing body of the member city whose position on the Board is vacant. Section b. Member cities shall initially appoint one director to serve for one year and one director to serve for two years. Section 7. Written notice of all meetings of the Board shall be sent to all directors and the clerks of all member cities, as the same may appear on the records of the secretary- treasurer.. Written notice of regular meetings shall be mailed at least ten days prior to each meeting and written notice of special meetings shall be mailed at least three days prior to each such meeting. Notices of all meetings shall specify the time and place of such meetings. Section 8. The time and place of all regular meetings shall be determined by the Board. The time and place of special meetings called by the Chair or at least three board members in writing shall be determined by the persons calling the meetings. 4 -2- Section 9. A copy of the agenda for any meeting shall be sent out with the notice of such meeting. Section 10. Copies of the minutes of any meeting of the Board shall be promptly distributed to each person to whom notice of the meeting is required to be sent under the provisions of these By Laws. Section 11. Unless otherwise specified in the Joint Powers Agreement or in these By Laws, all meetings of the Board. and other committees of the Commission shall be conducted in accordance with Roberts'-Rules of Order Revised. Section 12. The Board may from time to time determine the order of business for Body meetings. The usual order of business at such meetings shall be as follows: A. Call to Order. B. Roll Call. C. Minutes of Previous Meeting.. D. Report of Officers. E. Report of Committees. F. Consideration of Communications. G. Unfinished Business., H. New Business. I. Adjournment. ARTICLE IV. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. The powers and duties of the Board of Directors of the Commission are set forth in this article. Section 2. The Board may make such contracts and enter into such agreements as it deems necessary to make effective any power granted to the Commission by the Agreement and By Laws. It may contract with any of its -3- 0 members or others to provide space, services or materials on behalf the Commission. Section 3. It may provide for the prosecution, defense, or other s at law in which it may ' have an participation in actions or proceeding purpose. It may employ such interest, and may employ counsel for that p ur p other persons as it deems necessary to accom p lish its powers and duties. Such employees may be on a full-time or part-time, or consulting basis as d may make any required employer con- the Board determines, and the Board units are aut horized or required to make trib utions which local government _a by law. Section 4.. It may conduct such research and investigation and take such action as it deems necessary to operate a transit .system within and s for the member cities, including both a circulator and a dial -a -ride service, old moneys from any source to the Section 5. It may receive and h y ided b the Agreement or these extent and in the manner as may be prow y voluntary contributions from its members or By Laws; and it may accept v y other sources as provided in Article VII. The commission shall have no taxing power. It may accumulate reserve funds and may invest and re- invest its funds not needed for current e x p eases in the manner and subject to the statutory cities. The board may not incur limitations applicable by law to Y obligations in excess of funds then available to the Commission. • in for the Commission, shall provide for Section b. The Board, acting . a financial accounting and report to the member cities at least once each year* The books and records of the Com mission shall be open and avail - able for inspection by member cities at all reasonable times. _4- rA Section 7 . The Board, acting for the Commission, may accept gifts, apply for and use grants of money or other property from member cities or other governmental units or organizations, and may enter into agreements required in connection therewith, and may hold use, and dispose of such moneys or property in accordance with the terms of the grant, gift or agreement relating thereto. Section 8. The Board, at the first meeting in February of each year, shall elect the Chair, Vice - chair, Secretary- treasurer, and such other officers as the Board shall determine. Section 9. The Board shall establish the annual budget for the Commission as provided in Article VII. Section 10. The Board may establish an executive committee and may delegate. duties and authority to such a committee between Board meetings. Section 11. The 'Board may purchase public liability insurance and such other security bonds and insurance as it may deem necessary. Section .12. The board may exercise any other power necessary and convenient to _ the implementation of the powers and duties given to it by the Agreement and the By Laws. ARTICLE V. OFFICERS Section 1. The officers of the Commission shall be the Chair, Vice- chair and Secretary- treasurer. Section 2. The Chair shall be the chief presiding officer of the Commission. He /she shall preside at all meetings of the Board and shall -5- N have primary responsibility for seeing that all orders and-re solutions of the Board are carried into effect. He /she shall be an ex- officio member of all standing committees and shall have the general powers and duties of supervision and management usually vested in the office of President of a corporation. Section 3. The Vice -chair shall, in the absence or disability of the Chair perform the duties and exercise the powers of the Chair and shall perform such other duties as the Board shall prescribe. Section 4. The Secretary- treasurer shall attend all sessions of the board and record all votes and the minutes of all proceedings in a minute book kept. for that purpose; and he /she shall perform like duties for the committees of the Board when so directed by the Board. He /she shall give, or cause to be given, notice of all meetings of the Board and of such committees, and shall perform such other duties as may be prescribed by the board. The position may be divided so that there may be a separate Secretary and a separate Treasurer. Section 5. The Secretary - treasurer shall have the custody of the funds and securities of the Commission and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Commission and shall deposit all moneys and other valuable effects in the name and to the credit of the commission in such depository as may be designated by the Board. He /she shall disburse the funds of the Commission, as ordered by the Board, taking the proper vouchers for such disbursements,_ and shall render to the Board, at regular meetings - thb Board, or whenever they may require it, an account of all his /her transactions as Secretary - treasurer and of the financial condition of the Commission. s �- R VV 0 ARTICLE VI. COMMITTEES Section 1. The Board may, appoint such committees in addition to those required by these By Laws and the Agreement, as the Board, from time to time, .deem necessasry. Such committees shall be selected in the manner determined by the Board. ARTICLE VII., FINANCIAL MATTERS Section 1. The fiscal year of the Comm ission is the calendar year. Section 2. Commission funds may be expended in accordance with the pro- cedures established by law for s tatutory cities. Orders, checks and drafts shall be recommended by the Administrator and signed by the Chair and counter- -7- Section 6. The Board may designate an Assistant Secretary- treasurer who shall in the absence or disability f the Secretary - treasurer y perform all duties and exercise the powers of the Secretary - treasurer and he /she shall perform such other duties as the Board shall from time to time direct. � Section 7. The officers of the Commission shall give bond if required _ g q by the Board, to be paid by the Commission, for the faithful performance i of their duties and for the res toration to the Commission, in case of � Yl death, resignation, retirement or removal from office, of all book papers � P P � s� vouchers, money and property of whatever kind in their possession or under their control belonging to the Commission. Section 8. The Board shall appoint an Administrator to handle the day -to -day operations of the Commission. The Administrator shall be { responsible to the Board and the Chair, and shall have such duties as the Board shall prescribe. ARTICLE VI. COMMITTEES Section 1. The Board may, appoint such committees in addition to those required by these By Laws and the Agreement, as the Board, from time to time, .deem necessasry. Such committees shall be selected in the manner determined by the Board. ARTICLE VII., FINANCIAL MATTERS Section 1. The fiscal year of the Comm ission is the calendar year. Section 2. Commission funds may be expended in accordance with the pro- cedures established by law for s tatutory cities. Orders, checks and drafts shall be recommended by the Administrator and signed by the Chair and counter- -7- V signed by the Secretary- treasurer or such other person as may be designated by the Board, if possible. Only one signature is required. Other legal instruments shall be executed on behalf of the Commission by the Chair and the Secretary- treasurer. Contracts shall be let and purchases made in accordance with the procedures established by law for statutory cities. Section 3. The activities of the Commission shall be financed by funds available to it by grants from the Regional Transit Board and from voluntary contributions from its member cities or from other sources. Contributions from member cities shall be established by the members not later than October 1 of each year in order to obligate members to make contributions during the ensuing calendar year. Such contributions shall be made by the member city to the Commission as follows: one -half on or before February 1 of each year and one -half on or before August 1 of each year. Section 4. An annual budget shall be adopted by the Board prior to July 1 of each year. Copies of the budget shall be delivered promptly to the Manager /administrator of each member city for their approval. If any member city fails to approve a proposed budget the prior year's budget shall be authomatically approved for the following year, unless the Commission is terminated. Section 5. The Board shall contract with a member city to act as fiscal agent for the Commission. The fiscal agent shall process and dis- burse payments authorized by the Board. Section 6. Any obligation which cannot be met within the annual budget must be approved by at least four Board members, with at least one Board member from each member city voting in favor . of the expenditure. However, no such vote shall be taken without prior written approval of all member cities. -g- I Section 7. The Board shall provide for a yearly audit, copies of which shall be given to each member city. In addition, quarterly unaudited financial reports shall be given to all member cities. Monthly financial reports shall be prepared for the Board in such a manner as the Board provices. Section 8. Expenses of the Commission cannot exceed the budget without prior approval of each member city. Such additional expenses shall be assessed each member according to the formula outlined in the Joint Powers Agreement. ARTICLE VIII. DURATION AND TERMINATION Section 1. The Commission shall exist, and this Agreement is in effect, r for an indefinite term until terminated in accordance with Section 2 of this Article. Section 2. A member city may terminate the Commission by filing a written notice with the Secretary- treasurer by October 1 of any year giving notice of termination at the end of that calendar year. Section 3. The Commission may be dissolved at any time by unanimous vote of all the members of the Board of Directors. Section 4. In the event of termination, the Board shall determine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of these By Laws and state law for liquidation of non - profit corporations. Upon dissolution of the Commission all remaining assets of the Commission, after payment of obligations, shall be distributed -9- V amore the member cities on a g per capita to basis according to the formula P g outlined in the Joint Powers Agreement. Dissolution expenses to be assessed to the member cities according to the same formula. The Commission shall continue to exist after dissolution for such eriod no longer than P � g t' one year, as is necessary to wind up its affairs but for no other purpose. ARTICLE IX. Fj 3: F AMENDMENTS TO BY LAWS P' Section 1. These By Laws may be amended at any regular or special. meeting of the Board subject to the approval of all member cities. An amendment may be proposed in writing filed with the Chair by any member of the Board of Directors or by a member c ity on i own motion. 0 Section 2. A majority vote of a quorum present shall be necessary to adopt any proposed amendment to these By Laws. Section 3. In any instance where these By Laws are in conflict r with the Joint and Cooperative Agreement, these By Laws shall control. Section 4. These By Laws are effective upon their adoption by the r member cities. Adopted by the member cities as follows: Maplewood on , 198 . North St. Paul on , 198 . Oakdale on , 19$ ARTICLE X. This Commission cannot be terminated prior to January 1, 1990. 1 —10— MEMORANDUM .00r �� S.9 •� ecte D TO: City Manager FROM: Director of Community Development SUBJECT: Planning Commission and Community Desi R Board Reappo DATE: December 23, 1987 The f o l l o w i n g terms ex pired .January 1, 1987. Each member wan ts to be reappointed. PLANNING COMMISSION (3-YEAR TERMS ) Attendance-1987 Membe Or Appo 22 Meet Held Richard Barrett before 1969 19 Albert Go i n s 9 -28 -87 4 out of 5 Bob Cardinal 2-11-85 19 COMMUNITY DESIGN REVIEW BOARD (2-YEAR TERMS) Attendance M ember Or igina l Appointment 19 Me etings H e l d Donald Moe 1 -2 -81 19 4 ( Robert Peterson and M . Earl Marl ow are al so up f or reappointment but have decided to resign.) Comments Section 25-20 caf city code states that the chairman of the p l a n n i n g commission shal l be designated by the city council at the first meeting in January of each year. Les Ax d ah l is the present chairman . Recommendaton 1. Reappoint members to the planning commi and community design review board. 2. Appoint a chairman of the planning commission mb � Ac Jon b Council. MEMORANDUM E ndorsed --,.. Modified To: Michael McGuire, C i t y Manager ecte From: Robert D. odegard, Director of Parks and Recreatio Subj: Appointment of Park and Recreation Commissioners Da Date: January 4, 1988 The Park and Recreation Commissioners whose terms expire as of December 31, 1987, include voya Peiitich, Donald Christianson, and William Michalski. Mr. Piletich and Mr. Christianson have requested re- appoi ntment. Notices have been placed in both the Maplewood Review and the St. Paul Dispatch indicating that applications.are being taken for the Park and Recreation Commission. At this time, we have received two applications, with one candidate interviewed by the present Commission on December 21, and the second candidate is expected to be interviewed on January 1 1 , 1988. The recommenda- tion of th Park and Recreation Commission will be a v a i l a b l e for your consideration on January 25, 19880 AGENDA REPORT Acts i by Counc l l ei mod r ( n - Yom, r .s e t,,,,. To: City Manager McGuire and Cl v� Service Commi ssi o r _�_ d� L d, _ From: Chief of Police Kenneth V. Collins , Subject: Civil Service Commissioner Reappoi Re ectc Date: January 5, 1988 Date Introduction Clayton Qualley was appointed to the Civil Service Commission on Febru— ary 11, 1985, and his term expi December 31, 19878 Steven Gunn was appointed to the Civil Service Commission on July 22, 1985, and his term exp ired December 31, 19878 Recommendation I am recommending that Mr. Qualley be reapp ointed as a Civil Service Commissioner effective January 1, 1988, and his term would expire December 31, 1990. Mr.. Gunn's Civil Service position should have expired on December 31, 1985, and he should have been appointed until December 31, 1989, however, due to an-error, his position was the same as Mr. Quall I am recommending at this point that Mr. Gunn's'position.be reappointed until-December 31, 1989. By doing this, the three Civil Service Commis— sioners will be brought back into their proper rotation. . Action Required I request that this be submitted to the City Council for their approval, KVC: j s Agenda # 4e �t L TO: Mayor & City Council FROM: City Manager RE: Committee Appointments to N.E.S.T. and Solid Waste Committee DATE: January 4, 1988 )n by Council'i K d i f i � 'o ect e d ....... D ate . Outgoing Counci lmember Charlotte Wasi luk was a member of the North East Suburban Transit Commi along with Counci imember Norm Anderson. I recommend that Mrs. Wasi 1 uk remain on the Committee as a City Representative, along with Councilmember Anderson as the Elected Representative. Counci lmember Was i l uk is also a member of the City's Solid Waste Committee. I would recommend that she remain a member. It is not necessary for the Council to have an Elected Representative on this Committee. A 57 Date, TO: Mayor & Cit Council FROM: Cit Mana RE: Cable Commission DATE: Januar 4, 1988 0 Councilmember Norman Anderson and Ann Fitch were the Cit Representatives in 1987. The same is recommended for 1988. A # 77 9 'b Counclll-,I d -il e to Drat., e TO: Ma &.Cit Council FROM: Cit Mana RE: Suburban Rate Authorit DATE: Januar 4, 1988 Councilmember Fran Juker was the Cit Representative, and Finance Director Dan Faust was the alternate for 1987. The same is recommended for 1988, Ll * tt*IE SubuRbAN NEWSPAPERS Honorable Mayor Greavu and City Council City of Maplewood 1830 E. County Road B Maplewood, Minnesota 55109 2515 E. Seventh Avenue - YMNorth St. Paul, MN 55109 (612) 777 -8800 December 21, 1987 Dear Mayor Greavu and Council Members: We are pleased to submit the following quotation on publishing of minutes and other legal publications during 1988 As you are aware, the Minnesota State Legislature establishes the legal rate for the publishing of legal notices. However, as in the past, we will discount the legal rate for publishing council proceedings. Legal publication rates for public notices, bids, etc. are $5.18 per column inch, $6.92 per column inch tabulated and $3.45 per column inch for each additional publication in 6 point type. Thank you for allowing us to serve as your .legal newspapers during 1987. NTL /RJE : bj m Very truly yours, N. Theodore Lillie Raymond J. Enright RAMSEY COUNTY REVIEW — MAPLEWOOD REVIEW — OAKDALE -LAKE ELMO REVIEW —NEW BRIGHTON BULLETIN — SHOREVIEW BULLETIN U ttiE ST. ANTHONY BULLETIN — SHOPPING REVIEW — ROSEVILLE REVIEW — SHOPPING REVIEW. EAST NEWS SOUTH -WEST REVIEW — WOODBURY -SOUTH MAPLEWOOD REVIEW — FRIDLEY SHOPPING BULLETIN —NORTH SHOPPING BULLETIN E U U R AN EW5 A C E RS nal a E. S even th Avenue . luvw" 'b CounciNbrth St. Paul, MN 55109 (612) 777-8800 C 'n o.-J s e d_._.... f cal e -1 j e c t e d....... D a te Dec�ember 21, 1987 Honorable Ma Greavu and Cit Council Cit of Maplewood 1830 E. Count Road B Maplewood, Minnesota 55109 Dear Ma Greavu and Council Members: We are pleased to submit the followin q uotation on publishin of minutes and other le publications -durin 19880 As y ou are aware,, the Minnesota State Le establishes the le rate for the publishin of le notices. However, as in the past, we will discount the le rate for publishing council proceedin Le publication rates for public notices$. bids, etc. are $5.18 per column inch, $6.92 per column inch tabulated and $3.45 per column inch for each additional publication in 6 point t Thank y ou for allowin us to serve as y our le newspapers durin 1987'* Ver trul y ours, N. Theodore Lillie Ra J. Enri NTL/RJE:bjm RAMSEY COUNTY REVIEW — MAPLEWOOD REVIEW — OAKDALE-LAKE ELMO REVIEW —NEW BRIGHTON BULLETIN — SHOREVIEW BULLETIN LIUIE ST. ANTHONY BULLETIN — SHOPPING REVIEW — ROSEVILLE REVIEW — SHOPPING REVIEW EAST NEWS SOUTH - WEST REVIEW — WOODBURY-SOUTH MAPLEWOOD REVIEW — FRIDLEY SHOPPING BULLETIN — NORTH SHOPPING BULLETIN r � A # b Counc'l, E nd. or s e Plo d -1. f e ci ................... TO: Ma & Cit Council FROM: Cit Mana RE: Rules of Proced.ure DATE: Januar 4, 1988 A cop of the Rules of Procedure, includin the one amendment are attached, CITY OF MAPLEWOOD CITY COUNCIL Rules of Procedures A. Councilmember Juker introduced the following resol ti;n and moved its adoption_ 87 -1 -18 RULES OF PROCEDURE Section 1. MEETINGS Regular: The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7 :00 P.M., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Thursday not a holiday. Special: The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty -four hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence with a person of suitable age and discretion then residing therein, or written notice_ thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve hours before the meeting time. Except for trivial matters, business transacted at a special meeting shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Place: All meetings shall be held in the Council Chambers of the Maplewood Municipal Building unless there is a published notice designating another location. Presiding Officers_ The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence both the Councilmembers shall elect one of their number as temporary chairman. Quorum: Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may adjourn *from time to time. - 8 - 1/26 . order of Business: At the hour appointed for meeting, the members shall be called to order by the Mayor, or. in his absence by the Acting Mayor, or in the absence of both, by the Clerk. The Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence.of the Clerk, the Mayor shall appointea secretary protem. Upon the appearance of the quorum, the Council shall pro- ceed to business which shall be conducted in the following order: A. Call to order B. Roll Call C. Approval of Minutes D. Approval of Agenda E. Consent Agenda F. Public Hearings G. Award of Bids H. Unfinished Business I. New Business J. Visitor Presentations K. Council Presentations L. Administrative Presentations M. Adjournment Curfew: No additional agenda item will be discussed after 10:30 P.M. No 4 !settee ien- will -eert -PL : PSI- Meetings adjourned under this policy will be continued to the next Thursday's pre - agenda . meeting at 7-j88 4:30 P . M. ' The continued meeting will start at *Amended the point on the agenda where the adjournment occurred. No new 8 -10 -87 items will be added to the-continued meeting agenda. First Regular: At the first regular Council meeting in January of each year, the Council shall (1) designate the official newspaper, (2) choose an Acting Mayor from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (3) review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. Rprtinn 2_ AGENDA FOR REGULAR MEETING (1) All matters to be submitted to the Council shall be filed not later than 12:00 Noon on the Monday prior to the Monday Council meeting at which con- sideration is desired, and shall be delivered to the City Manager, or in his absence, the City In unusual circumstances and when the matter does not require investigation, an item may be accepted after the deadline upon the approval of the City Manager. (2) Except for trivial matters, no item or business shall be considered for action by the Council which does not appear on the agenda for the meet- ing, except that an item or urgent business which requires immediate action and is so determined by a majority of the Council may be considered-.by the Council whether or not there is a full membership present. The Council will hear all reasonable citizen petitions, requests and statements how- ever, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action other than filing, is required.or requested. - 9 - 1/26 The Mayor and each Councilmember shall be provided with,a copy of the agenda, minutes of the previous meeting, and any other reports and in- formation pertinent to the agenda at least seventy -two hours prior to each regular Council meeting. No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been pre- sented to the City Manager for inclusion on the agenda. LIMITATION ON COUNCIL ACTION The Council shall only take action at regularly scheduled meetings, or special meetings, called pursuant to section 1, unless all Council mem- bers are present at the time the action is taken. Regular meetings do not include meetings with public bodies in joint or cooperative sessions. All Council actions shall conform to the requirements of the open meeting law. Section 4. MINUTES (a) The City Clerk shall keep a record of all Council meetings. (b) Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes--may--be--approved without reading if each member has previously been provided a copy. (c) The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall becorne a - :part of the. minutes of the subsequent meeting. DUTIES OF THE PRESIDING OFFICER: The presiding officer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions or order,subject, however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He shall vote on all questions and on a roll call vote rotate the order in which votes are cast. n_ _� _- L RULES OF DEBATE: - (a) The Mayor or other Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by - 10 - 1/26 the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the Presiding Officer. (b) Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself to the question under debate avoiding all personalities and indecorous language. (c) A member; once recognized, shall not be interrupted when speaking unless it be to call him to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order is determined and if in order, he shall be per - mitted to proceed. (d) A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of the Council and must be made by a member of the Council who voted with the prevailing side, provided that if such motion to reconsider is passed,then the parties entitled to notice on the original action shall be notified, and the reconsideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider. (e) A Councilmember may request,through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council, or the reason for his dessent from or support of any action of the Council, entered in the minutes. (f) The Clerk shall enter in the minutes a synopsis of the discussion on any question coming in proper order before the Council. Section 7. ADDRESSING THE COUNCIL: Any person desiring to address the Council shall first secure the per- mission-of the Presiding Officer. Each person addressing the Council shall give his name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his address to five minutes, except at a public hearing when the limit shall be ten minutes. All remarks should be addressed to the Council as a body and not to any member. No person other than the'Council and the person having the floor, shall be permitted to enter into an discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked'a Councilmember or any member of the Administrative Staff except through the Presiding Officer. - 11 - 1/26 Section 8. GENERAL RULES OF ORDER: Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on parliamentary practice on matters not specifically covered and in case of a conflict these rules shall govern. DECORUM AND ITS ENFORCEMENT: The Council members, while the Council is in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, = V_ , A. 3�.�t�si b un member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. No smoking shall be permitted in the Council Chamber while the Council is in session. Section 10, ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS: (a) Ordinances, resolutions and other matters or subjects requiring action by the Council shall be introduced and sponsored by a mem- ber of the Council except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. (b) Every ordinance and - resolution shall be presented in writing and read in full at a Council meeting; provided, however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ordinances, resolati-ens and motions, the ayes and nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise pro - vided by law and except that amendments to the comprehensive plan shall requre at least four votes in favor. (c) Every ordinance other than emergency ordinances.shall have two public readings as provided in Subsection (b) of the Section, and at least fourteen days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. (d) An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or wel- fare in which the emergency is defined and declared, passed by a roll call vote of at least four members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the - 12 - 1/26 City Clerk and posted in three conspicuous places in the City and. twenty -four hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the. person, per - sons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. 11 Section 11. _ s CONDUCT OF CITY EMPLOYEES: (a) The City Manager may take part in the discussions of the City Council and may recommend to the Council such measures as he may deem necessary for the welfare of the people and efficient adminis- tration of the of f airs of the City. He shall have all the rights powers and duties prescribed by Minnesota Statutes in regard thereof; howevbr, it is recognized that the City Council is the policy making body for the City and the City Manager shall confine his discussion at Council meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. (b) No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer ques- tions directed to such employee, or to present factual information. (c) The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee when such appearance is made as a taxpayer or member of the public for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof. Section 12. WAIVER: By 4/5 consent of all Councilmembers, these rules may be waived. Section 13. ADJOURNMENT: A motion to adjourn shall always be in order and decided without debate. Seconded by Councilmember Anderson. Ayes - all. — 13 — 1/26 by CouneiLs End ors e d.,_._,,,,.,., Modified,._,_,_, /0I , Af we, 0-'� � 6 p e000z��� '1006 Is ne 3 � p�' - ,�c�(� � .ten- .� �e� �..�. �r�.a�� ��OOO.OU iGUC.c��+ ,.�`Ca" � ����