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Home My WebLink About1987 12-28 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7 :00 P.M., Monday, Decembr 28, 1987 Municipal Administration Building Meeting 87 - 28 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes of Meeting No. 87 - 21 (October 5 1987) (D) APPROVAL OF AGENDA (E -A) HUMAN RELATION COMMISSION AWARD (E) CONSENT AGENDA 1. Accounts Payable. 2. Redesignation of Depositories 3. Authorization of Investment in the 4M Fund 4. Interfund Transfers for Unassessed Utility Improvements 5. Home Occupation Renewal: 1918 Kennard (Roberts) 6, Conditional Use Permit Renewal: 940 Frost (Freitag) 7, Conditional Use Permit Renewal: Woodlynn & Ariel (Salvation Army) 8. Conditional Use Permit Renewal: 1768 McMenemy (Hmong Church) 9. Consent of Sale: Silver Ridge Apartments (Stillwater Road and Stillwater Ave.) 10. Final Plat: Carver Heights 11. Secretarial Desk and Chair - Manager's Office 12. Human Relations Commission Biennian Report 1310 Intervention Project Agreement 14. Park Availability Charge 15, Correction of Minor Assessment Errors (F) PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: BC(M) District -Gas Pumps (2nd reading - 4 Votes) 2, 7 :10 P.M., PUD Revision: St. Paul Business Center West 3, 7:20 P.M., 2430 Hazelwood (Johnson) a. Lot Width Variance b. Lot Area Variance C. Lot Division 40 7:30 P.M., Variance: S, 7 :40 P.M., Variance: 2648 Minnehaha (Steingraber) Bradley (Desoto Associates) 6. 7:50 P.M., Code Amendment: Material Extraction (2nd reading - 4 Votes) (G) AWARD OF BIDS {H) UNFINISHED BUSINESS I 'Elimination of Special Assessment Fund and Bud For Public Improvement Pro 2.- Or dinance to Increase H Char Rates (2nd Readin 3. Cotta of Maplewood a. Setback Variance to the South Lot Line b. Units/Buildin Variance C. Tax Increment Financing 4. Initiate Rezonin and Plan Amendment: 831 Centur Ave. No. (De (I) NEW BUSINESS 1. Street Name Chan German Street 2. Drivewa Setback: 1210 Count B (Timmers) 3* Fee Increase: Duane Grace 4. Time Extension: Sidin 2695 Fremont (McCloud), 50 Council Chamber Tables 60, HAZMAT (J) VISITOR PRESENTATIONS (K) COUNCIL PRESENTATIONS 1. 2* 3, 4, 5* 60 7, 8. 9, 10, (L) ADMINISTRATIVE PRESENTATIONS (M) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7 :00 P.M., Monday, October 5, 1987 Council Chambers, Municipal Building Meeting No. 87 - 21 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:03 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Absent C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Wooded Lots 2. Residential Zoning - Henry Street 3. Maidment Property 4. Walkout Basements 5. County Road E and White Bear Avenue Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Bastian moved, seconded by Mayor Greavu, Ayes - all, to approve the Consent Agenda, Items 1 and 2 as recommended: 1. Certify Delinquent Sewer Rental Accounts Resolution No. 87 - 10 - 191 RESOLVED that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges said list made a part herein, for certification against the tax levy efsaict property owners for the Year 1987, collectible in 1988, and which listing includes interest at the rate of eight (8%) percent on the total amount for one year. Total amount to be certified: $60,244.66 10/5 2. Certify Delinquent Weed Cutting Accounts Resolution No. 87 - 10 - 192 RESOLVED, that the City Clerk is hereby authorized to the auditor of Ramsey County the attached list of d charges said list made a part herein for certification said property owners for the Year 1987, collectible in includes interest at the rate of eight (8%) percent on year. and directed to certify >linquent weed cutting against the tax levy of 1988 and which listing the total amount for the 02 29 22 31 0047 $ 37.80 10 29 22 41 0010 48.60 10 29 22 43 0072 35.10 10 29 22 43 0074 35.10 15 29 22 32.00011 194.40 18 29 22 12 0001 59.40 TOTAL $410.40 F. PUBLIC BEARINGS 1. 7:00 P.M., 1988 Budget a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed 1988 Budget. b. Manager McGuire presented the Staff report. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved to approve the Firefighters' Relief Budget in the amount of $37,180.00 to be included in the 1988 Budget. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Bastian. Councilmember Juker Abstained. g. Councilmember Bastian introduced the following resolution and moved its adoption: 87 -10 -193 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the budget for 1988 is hereby adopted as outlined in the following summary: Capital Debt Operating Improvements Service Budget Budget Budget Estimated Balances 1 -1 -88 $ 4,318,273 $ 2,209,059 $ 5,656,603 Revenues 12,304,830 385,060 2,140,980 - 2 - 10/5 Net other increases (decreases) Expenditures Estimated Balances 12 -31 -88 (38,918) (50,800) 274,520 12,192,440 252,080 3,008,300 $ 4,391,745 $ 2,291,239 $ 5,053,803 BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1988 Operating Budget: General Fund: $ 1,132,730 255,890 214,650 3,548,050 1,359,530 980,360 431,290 7,922,500 Hydrant Charge Fund: 218,300 Sewer Fund: 207,210 2,140,320 V.E.M. Fund 307,100 General Government Finance City Clerk Public Safety Public Works Parks and Recreation Community Development General Fund Total Public Works City Clerk Public Works Public Works Payroll Benefits Fund: 1,397,690 General Government $12,192,440 Total Operating Budget Appropriations BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1988 Capital Improvements Budget: Capital Improvements Project Fund: 60,440 Computer System- debt service 1,520 Audit Fees Street Construction State Aid Fund: 40,000 Traffic Signals and Opticoms 150,000 Street overlay and sealcoating program 120 Audit Fees $252,080 Total Capital Improvements Budget Appropriation - 3 - 10/5 BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1988 Debt: Service Budget: $1,850,000 Principal 1,153,980 Interest 4,320 Paying Agent Fees $3,008,300 Total Debt Service Budget Appropriations BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts within a department budget or within a non - departmental expense category, within a Fund, shall only require the approval of the City Manager. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become a part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or cancelled by the City Council. Seconded by Mayor Greavu. Ayes - all. h. Employee Positions 1. Street Maintenance Foreman a. Mayor Greavu moved to authorize the Manager to fill the position of street maintenance foreman. Seconded by Councilmember Anderson. Ayes - all. 2. Park Maintenance Foreman a. Councilmember Anderson moved to authorize the Manager to fill the position of park maintenance foreman. Seconded by Councilmember Juker Ayes - Mayor Greavu, Councilmembers Anderson and Juker Nay - Councilmember Bastian. 3. Police Officer /Sergeant a. Councilmember Bastian moved to authorize the Manager to fill the position of police officer and that the sergeant's position be at a later date. Seconded by Councilmember Anderson. Ayes - all. 4. Full -Time Accountant a. Councilmember Juker moved to authorize the position but table the filling of the position until the position job d escription is Seconded by Councilmember Anderson. Ayes - all. - 4 - 10/5 i. Tax Credit 1. Councilmember Bastian the City's legislature de tax credit for fire fieht and sent Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Bastian Councilmember Juker abstained. j. Councilmember Bastian introduced the following resolution and moved its adoption: 87 - 10 - 194 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 1986, payable in 1987, upon the taxable property in said City of Maplewood, for the following purposes: General Operations Capital Improvements Debt Service Total Levy $4,383,610 120,000 242,400 $4,746,010 2. There is on hand in the following sinking funds excess amounts as indicated after each fund and such shall be used to pay on the appropriate obligations of the City: Description 1967 General Obligation Sanitary Sewer Bonds $ 12,000 1968 Improvement Bonds 10,000 1972 General Obligation Improvement Bonds - Series 1 35,000 1972 General Obligation Improvement Bonds - Series 2 11,000 1973 Improvement Bonds 114,800 1974 Refunding Bonds 101,400 1977 General Obligation Improvement Bonds - Series 2 174,000 1977 Refunding Bonds 264,400 1979 General Obligation Improvement Bonds 29,600 Total $752,200 In accordance with Minnesota Statutes 475.61 and 273.13, Subd. 19 (3), (a), (b), (c) and Chapter 297a and Chapter 162 of Minnesota Statutes, the County Auditor of Ramsey County is hereby authorized and directed to reduce by the amounts above mentioned the tax that would otherwise be included in the rolls for the Year 1987 and collectible in 1988. 3. It has been determined that the 1977 General Obligation Improvement Bonds - Series I bond issue has insufficient projected assets to meet projected liabilities, as required by State Statute, and the original resolution levying ad- valorem taxes must be increased by $7,300. - 5 - 10/5 4. Changes set forth in sections one (1) and two (2) above result in a net reduction of $744,900 in the scheduled levy of $987,300. Seconded by Mayor Greavu. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Reschedule - Solid Waste Committee Meeting a. Councilmember Anderson moved to reschedule the Solid Waste Committee at 7:00 P.M. and Staff to Seconded by Councilmember Juker. Ayes- all. 2. St. Paul Water Board Meeting a. Councilmember Anderson moved to establish Monday October 19 1987 at 7:30 P.M. at Parkside Fire Department for the Council and area residents t meet with the St. P aul Board of Water Commissioners. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS None. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Wooded Lots a. Councilmember Anderson commented that the developer of the Cave's Sterling Street Addition had removed all the trees. He would like to see something in the ordinance that would prevent a developer from removing all the trees. 2. Residential Zone a. Councilmember Anderson suggested that a residential zoning be created for the property at the end of Henry Street south of Fish Creek. 3. Maidment Property a. Councilmember Anderson stated he had walked the Maidment Property and in his opinion a street cannot be built through the property, only a cul de sac for the back. - 6 - 10/5 4. Walkout Basements a. Councilmember Anderson stated he was informed that Council could adopt an ordinance prohibiting walk out basements. b. Item to be added to October 24, 1987 Agenda. 5. County Road E and White Bear Avenue a. Councilmember Anderson instructed Council and staff to look at the design of County Road E. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 4:30 P.M. City Clerk - 7 - 10/5 AGENDA # MEMORANDUM TO.: Ma and Cit Council FROM: Cit Mana RE: Human R Commission. Award DATE: December 22, 1987 Action b Mod 10f ejected. Date--- The Human Relations Commission will recommend to the Cit Council an individual to receive the 1st Annual Human Ri Award. Scott Rostron, Chairperson of the Committee,, will make the presentation. MAM: 1 nb ME December 23, 1987 Maplewood City Council c/o Mike McGuire, City Manager City Hall 1830 F. County Road B Maplewood, Minnesota 55109 Chair Maplewood Human Relations Commission: We wish to present to the Mayor and the Maplewood City Council our recommendations for recipient of the first Maplewood Human Rights Award. Ed and Delores O'Mara have demonstrated the commitment to protecting and preserving the dignity and worth of persons, which we felt exemplary and deserving of Maplewoods first Human Rights Award. In 1950 as President of the Gladstone Community Club Ed and Delores convinced Florence Hughes to become editor of the community newspaper. Florence and her husband Jim later moved to Maplewood as the first black couple to live in the village. Maplewood is now regarded as a well integrated community representing the best of integration. At 3M Ed hired what was then one of the first black employees in a 3M laboratory who is still with 3M. Additionally, Ed was instrumental while a member of the Police civil service commission in changing the title of policeman and policewoman to police officer. Ed has been very active in United Way and other service organizations and recently won its "unsung hero" award. Additionally, Ed lead committees for the building of churches and schools im Maplewood, organized fundraising to keep Hill High School open during difficult times and was instrumental in the merger that created Hill Murray High School. Ed has been active in the Boy Scouts as a volunteer since 1934 and is currently an honary life member of the Indianhead Council. He has been awarded the Silver Beaver and the St. George emblem. Ed is a board member and Vice President of the American Cancer Society, is trained in CPR and is a speakers bureau member for the American Heart Association and board member for Keep Older People Employed. Ed and Delores O'Mara have been leaders in Maplewood for nearly forty years in human rights programs and typifies the spirit of this Human Rights Award. We are proud to recognije Ed and Delores. Sincerely, / f Scoft Rostron Human Relations Commission SR:cs Phone 777-1376 hill -murrey (ugh sichoul 2625 EAST LARPENTEUR AVENUE • ST. PAUL. MINNESOTA 55109 January 12, 1987 Mr. and Mrs. Ed O'Mara 1786 Maryknoll Maplewood, MN. 55109 Dear Ed and Delores: CONGRATULATIONS on being selected as the nominees for the first Maplewood Human Rights Award. Your contributions in the human rights area provide a model for other people to follow. Your impact has been dramatic to this area. I am pleased to have had the opportunity to be involved in the process. Hopefully, I will be able to attend the January 28 presentation luncheon. Again, my sincere congratulations. Sincerely, James M. Johnson Ass't.'Principal 337C40 12/17/87 99.00 CLERK OF COURT D L FILING FEE 99.00 Action 337M69 12117/87 10,564.30 MINN STATE TREASURER Endo .., i 337M69 121171$7 272.00 MINN STATE TREASURER ;r + Mod 16f i e r 4ANUAL CHECKS DATED THRU DECEMBER 1 19 �T :. ejected..,.., • 1 . ..... '.. •.: C. .- ... u -.... .__ -. .r.. _... . .. ,. ._... _ -.. . .r •r. .>zJE .. .s l.. .tic .0 ._.s. ♦ .- :Mc...,� ...li .. �'.M lS•�.NuVi>Ni41�VS1�f[iu>>•. ✓:;.YMkiG i.id:w.1.Su��i 'k�,w l!A N:� •It�,,•T..: ��.. 337N80 12/17/87 1987 CITY OF MAPLEWOOD UT I L I T EE - CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 236L34 1217187 57,00 MN HRC MEMBERSHIP 2 36L34 12/17/ 4 5' . 0 _ LEAGUE LMH C TRAVEL.- TRAINI _ 12117187 135.68 102.40 UTILITIES 236M71 12/17/87 2, 368.51 MN ST TREAS SURTAX SURTAX PAYABLE - 23 121171$7 - 4 7.37 - MN ST TREAS S SURTAX P _-- 2j321.14 _ _ .. i 244P50 12117187 188.49 U`. S.OSTMASTER - _ POSTAGE 18 335E 6 4 1X117187 1,0004 EMP BE NEFIT DENTAL CLADS 1j 000.0O 33 5M69 12 117157 122 M INN S TATE TREASURER LICENSE -- 335M6 9 12117/87 . 7R3 . SO MINN STATE TREASURER LICENSE - 22,765.99 3 36M69 1 12 M INN STATE TREASURER_ L ICENSE 33 69 12/17187 607,50 MINN STATE T LICEN _ 12 337701 12117187 140.00 FUCCI CATERING PROGRAMS 337C40 12/17/87 99.00 CLERK OF COURT D L FILING FEE 99.00 337M69 12117/87 10,564.30 MINN STATE TREASURER LICENSE i 337M69 121171$7 272.00 MINN STATE TREASURER LICENSE 1 0 337N80 12/17/87 87.41 N. S. p. UT I L I T EE - 337N80 12/17/87 66.42 N.S.P. UTILITIES 3 37NSO 65. N .S.P . UTILITIES 337N80 _12117187_ 12/ 17/87 112.75 _ 1 E- . P . UTI'L I - T I ES 337N80 12117187 135.68 N.S.P UTILITIES Page: 2 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK_ !V4_ DATE AM V ITE DESCRIPTION 2 3 467.63 5� 3 38705 1 4 L 0.00. 0 - 0 - SH ANE JAME P CO N T RACT T A 3 4, 000.00 * -- - -T - - - -P_YM A l t ' 33SM69 1 5,376.25 MINN STATE TREASURER LICENSE 33 9 12/17/87 4 7 . 4_ MI STATE TREAS LI CENSE 14, ,. 1 '' �4� 33SS62 1 48.00 ST FARM INS INSURANCE _ -- 48.0 z 33SS94 12/17/87 22.2 SUPERAMERICA FUEL OIL ---- -` -_ -_ 3. 33SS94 12/17/87 41.41 SUPERAMERICA FUEL OIL ' 33 SS94 12/17/87 13.33_ __. SUPERAMERICA FUEL OIL 76.9S 9� 341M69 1 1i3O63. MINN STATE TREASURER LICENSE 341M69 1 7 06 .5 0 _ MINN STATE TREASURER LICENSE z 11,769.75 348069 12/17/57 42.00 U.S.WEST PAGER RENTAL 42 .0 0 ' j 342M69 12/17/87 1 0,505.50 MINN STATE TREASURER LICENSE 342M69 12/17/87 750.00 MINN STATE TREASURER LICENSE - 11255.50 � 343704 :; 12/17/87 422.37 SAMAURI RESTR PROGRAMS 422.37 343M69 343M69 3 4304 1 1 344403 12/17/87 12/17/87 10,2 .05.92 MINN STATE TREASURER LICENSE 12/17/87 677.54 MINN STATE TREASURER LICENSE 10,883.42 12/17/87 4 OLD LOG THE PROGRAM SS6.20 PC. SOLUTIONS CONTRACT PYM SS6.20 344700 12/17/87 24.00 HAMRE CAROL PROG A1�S EFUN 24.00 ,* 3 i 344702 12/17/87 39.99 MILO CORP CONTRA PYM 344C40 12/17/87 122.00 CLERK OF COURT D L FILING FEE 122.00 344E70 12/17/87 312.79 ENR I CA FISH BOOKS BOOKS -- 312.79 34 4J32 12/17/8 4,1 84.93 J L S CO SUPPLIES 344J32 12/17/87 4 J L SHIELY SUPPL I E§ -- - -- _� 344J32 12/17/87 4,1$4.93- J L SHIELY CO SUPPLIES 4,184.93 344M69 12/17/87 12,244. MINN STATE TREASURER -- LICEN 344M69 12/17/87 8,767.00 MINN STATE TREASURER LICENSE 344M69 12/17/87 223.00 MINN STATE TREASURER LICENSE 344M69 12/!7/87 544.00 1rirhlN__ TREASURER - L - rCENSE - - - - - -- 21,778.54 ; 12/17/87 6. 63 COMERCIAL LIFE ISIS INSURANCE 3, 528.13 BLUE CROSS Ih1tfRAhtCE z 345830 12/17/87 1,334.12 BLUE CROSS INSURANCE 34SB30 12/ 17/ 8 7 4 , - 645.36 + - _ BLU CRO SS INSUR ANCE '! 34SC42 3 344M95 12/17/87 594.00 MRPA 'f 34SC42 PROGRAMS ' 1 INS S94. ' - ! 34S 12/17/87 312.42 7, IN INSURANCE 3 34SC42 12/17/87 312.42 v 344PS O 12/17/87 796.47 U . S . POSTMASTER POSTAGE " -- - -" - " -� INS INSURANCE 345 796.47 546.71 C LI FE INS - a 71 1 , 867.37 5 49 12/17/87 #,750. MADISON NAIL LIFE INS V 6 7 72.95 GROUP HEALTH 1,750.04 * INSURANCE 345G78 - •• 1 , 365 GR OUP HE ALTH INSURANCE_ 345G78 12/17/87 5 9 345A22 12/17/87 13.85 ANDERSON CAROLS TRAVEL TRAINING 34SA22 �_` 12/1 9. 49 ANDERSON _CAROLE SUPPLIES - Z _ 34SA22 12/17/87 1.99 ANDERSON CAROLE - SUPPLIES 345A22 12/17/87 4.96 ANDERSON CAROLE SUPPLIES _- 34 SA22 1 2/ 17/ 87 5.8 A NDERSO N CAROLE T RAVEL TRAINING 34SA22 1 2.7E ANDERSON CAROLE SUPPLIES 345A22 12/17/87 10.35 ANDERSON CAROLE - SUPPLIES 4 3 12/17/87 6. 63 COMERCIAL LIFE ISIS INSURANCE ' 345B30 12/17/87 528.13 BLUE CROSS Ih1tfRAhtCE z 345830 12/17/87 1,334.12 BLUE CROSS INSURANCE 34SB30 12/ 17/ 8 7 4 , - 645.36 + - _ BLU CRO SS INSUR ANCE '! 34SC42 6 , 5 0 7.61 * - ----------------------- 104.62 COMERCIAL LIFE 345042 12/17/87 6. 63 COMERCIAL LIFE ISIS INSURANCE 3 34 SC4 2 12/17/87 6.63 COM L I NS I NSURANCE _ '! 34SC42 12/17/87 104.62 COMERCIAL LIFE INS I INSURANCE 'f 34SC42 12/17/87 145.44 COMERCIAL LIFE INS INSURANCE ' - ! 34S 12/17/87 312.42 COMERCIAL LIF IN INSURANCE 3 34SC42 12/17/87 312.42 COMERCIAL LIFE INS INSUCANCE 345C42 12/17/87 512.54 COMERCIAL LIFE INS INSURANCE 345 12/17/87 546.71 C LI FE INS INSUR ANCE 71 1 , 867.37 3 'f 345078 1 72.95 GROUP HEALTH INSURANCE 345G78 12/17/87 1 , 365 GR OUP HE ALTH INSURANCE_ 345G78 12/17/87 5 GROUP HEALTH INSURANCE 3 6,713.50 3 12/17/87 9,086.00 MINN STATE TREASURER LI 1987 CITY OF MAPLEWOOD CHECK REGISTER C HE CK -NO. _DATE AMOUNT VENDOR ITEM DESCRIPTION t 34SM69 12/17/87 695.00 MINN STATE TREASURER LICENSE - -- _ 9, . d -- - 5! * * * * ** D i - 34SP9S 7,89S. P . E . R . A . PERA 345P9S 12'17/87 10..460.21 P.E.R..A. PERA g - 18,35 345� �3 . 12/17/87 172.88 SHADE - INvURaN�E ,4 345528 12/17/87 438.82 SHARE INSURANCE 3 4SS 2 12/1 8 , 9$,1 .1 SHARE INSURAN 171 gyp. 34SAOS 12/ 1 ?'/87 416.9s AFSCME , UNION DUES 21 416.95 14 1 3SC35 12/17/87 20, 413. 00 CTY +CNTYR Ui1t}N_� CfEDI UNIBA - - - - - -- 20, __ _ 3 4SIlS __ __ -____� 12/ ---- '__ -_'- 3,4 ICM DEFERRED COMP 3 f 3�48I 1 S 1 2 / 17/87 __ 1,797.46 EFERRED_ Comp - ----- - j _ S, 271 .26 f g 34 12/17/87 523.5$ LAW ENFORCE P/R DEDUCT 7.c3.5 f -* _ 34SL28 12/17/87 35.40 LANG RICHARD CANINE ALLOWANCE '- 34SL28 1 2/ 1 7/87 35.00- L ANG RICHARD CANINE CONTROL 348L28 12/17/87 35.00 LAIV R - INAl - - SAN - I NE C ONTRO_L -------- -5; 3S.00 1 7� 348M # 5 _ 1 2 /1 7/87 5, 179.5 MAPLEWOOD ST SANK FWT PBL 34SM 1 S le/17/87 15, 593.97 MA�LE�it 00 " FV" 34SMlS 12/17/87 287.50 MAPLEWOOD ST BANK - SAVINGS BONDS 348M i S 12/17/87 S, 179 MAPLEWOOD ST BANK FWT PBL Zf 3; _ 26,240.S7 -* 4 : * * #* 348M #S r: 12/17/87 18.00 METRO SUPERVISORY UNION DUES Page: 6 1987 CITY OF MAPLEWOOD C HECK NO D ATE AM OUN T j 1 s. 00 16 0.00 _ 160.00 * 7,668.95 7,6 62.98 * 66.76 69.24 13 6.00 CHECK REGISTER VENDOR ITEM DESCRI M N MUTUAL LIFE INSURANCE MN ST COMM /REV SWT PBL MN ST RETIREMENT DEFERRED COMP MN ST RETIREMENT DEFERRED COMP 21 y'' 349S30 17/87 14: 174,937.90 174,937.90 MI -NN KOTA EXC CONTRACT PYh1 -J: 349743_ _ -- 1 13 0 _._00_ N ST PAU ROT C O NTRACT PYM .a j 130. 40 ,2 349D24 41 * * * * ** 349D24 1 5 3 1 t 4 N. S.P. UTILITIES f !1 � u LI'TIES - -- 142.17 7 ` 349M2O_ 12/17/87 349M 1 � 34SM65 12/17/87 13 14 15 * * * ** S AC 16; 12 /17/8 7 z 348M68 12/17/87 17f ,Q; 348M68 12/17/87- 16 0.00 _ 160.00 * 7,668.95 7,6 62.98 * 66.76 69.24 13 6.00 CHECK REGISTER VENDOR ITEM DESCRI M N MUTUAL LIFE INSURANCE MN ST COMM /REV SWT PBL MN ST RETIREMENT DEFERRED COMP MN ST RETIREMENT DEFERRED COMP 21 y'' 349S30 17/87 14: 174,937.90 174,937.90 MI -NN KOTA EXC CONTRACT PYh1 -J: 349743_ _ -- 1 13 0 _._00_ N ST PAU ROT C O NTRACT PYM .a j 130. 40 ,2 349D24 12/17/87 •3' 349D24 1 UTILITIES___ _� ' 349D24~ v i - 12/17/87 t 4 N. S.P. UTILITIES 12 V 3 u LI'TIES - -- 142.17 7 ` 349M2O_ 12/17/87 349M 1 r 10, 0# 0 4 .40 ME TRO WASTE CONTROL S AC 3_49M69 12 /17/8 7 z 349M69 12/17/87 SAC PAYABLE 10,395.00 349NSO 1 349NSO 12/17/87 31 349NSO 12/17/87 LICENSE 34 12/17/87 STATE 349NSO 12/17/87 S,929.20 349NSO 12/17/87 2.50 N.S.P. UTILITIES 2.50 N.S.R. UTILITIES___ _� 3.67 N.S.P. UTILITIES 4 N. S.P. UTILITIES 12 V N.S.P. u LI'TIES - -- 142.17 N.S.P. UTILITIES 108.00 DEPT NATL RESOURSES DNR LICENSE 334.00 DEPT NAIL RESOURSES DNR 009.00 DEPT NATL RESOURSES DNR _LICENSE LICENSE _ 1,401.00 10, 0# 0 4 .40 ME TRO WASTE CONTROL S AC PAYABLE 140.00- METRO WASTE CONTROL SAC PAYABLE 10,395.00 S, 330 .? M INN STATE TREASURER LICENSE 598.50 MINN STATE TREASURER LICENSE S,929.20 Page. 7 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO DATE AMOUNT VENDOR ITEM DESCR 1i � _ 2 349N80 12/ 1 7/S7 143.59 N.S.P. UTILITIES 349N$_O 1 — — 4 7.3 0 --___ N. UTILITIES 4; 349NSO 12/17/87 S.Sf N__.S.P. — _ - _- - -_�. UTILITIES - -- _.. _ 349NSO 12/17/87 6.1S N.S.P. UTILITIES s 349NSO 1217/87 _- 116 .1 5 N UTILITIES 49NS4 12/ E . 45 N.S.P. .P. _- . - _ UTILITIE 8 349NSO 12/17/87 47`.45 N S.P. UTILITIES 34 91'V_$ 0 12/17 __ 4 1 6 �� N. S. P. T I L I T I E S U 349NSO 12/17/87 243.95 N.S.P. _ UTILITIES - -_ '! 10859.SS 21 ;3 * * * * ** 5 _ 349P4S � 12/ i5 s.. 04 PIT NEY BOWES DU PLICATING s; 349P4S 12/17/87 96.7S- P I TNEY BOWES - -- C4NTR.ACT PYMI SS.2S .5 FUND 01 TOTAL GENERAL 48 F UN D 0 TOTA HYD RANT CHARG $56.20 FUND 13 TOTAL C.I.P. 10.36 FUND 41 TOTAL 84 -1 CLAUSEN ADD ~ ± 4, 430.0 0 FUND 4 9 T OTA L 8 5 -6 DOFFS THIRD_ 1.74, 937.90 _ FUND ?6 'fTAL HILLCRET s 144,727.25 FUND,90 TO TAL SANITARY SEWER F ' —� 1.00 F UND 94 TOTAL D ENTAL SELF —INSU. 3 i 33..177.11 FUND 96 TOTAL PA`�ROLL BENEFIT S 7St732.94 TOTAL z NECESS EXPENDITUR SI LAST CO UNCIL M ZET_.N G a 31 ; ; j i ACCOUNTS. PAYABLE DATED .DE..CEMB.ER 2.8. 19-87 Page : 1 -s � .. ..� ... -� .t.. .,: - - :Z; s ...,hii> n - i -..:. s,.a.:-,... .... -�� ..d .s, w � � �•�s� � �e..t° }$� 1987 CITY OF MAPLEWOOD CHECK NO. DATE AMOUNT 2S. 74 5 , �- 362046 1 6.SO GOODYEAR REPAIR MAINT VEH 362x - �► �,� . �� - -- - Goo ©YEAR - REP MA INT _ VEH 123.0 * _ 9 362235 12!18/87 S o 036.S6 NORWEST INVESTMENT LEASE 13 14 ��- 362639 12/18/87 396.80 1� PT WAGES — --_ 694.40 i 3 , 17i 362322 12/18/87 60.00- MN CHIEFS MEMBERSHIP -- 36832E 12/18/87 60.00 MN CHIEFS MEMBERSHIP V u A M•A� 0 - 10.0 '1 . * * * * ** fiS/Ta - / io RfiF#Ot 01EW~ f% A I Mr 368362 12/18!87 388.00 ST CLOUD STATE UNIV TRAVEL TRAINING '4i 322.00 EB--- 12 7 fiSfS 7 st O O~_- -- A�fiEi r Ahi__ EED CROSS - -- — TRAVEL - _ - TRA IN I N �i Si 1 . 00 � 360 11817 96.80 P.C.SOLUTIONS CONTRACT PYM 362489 1218?' 400.00 MARTIN- MCALLISTER CONTRACT PYM 400.00 . � - - • � . .,. _. _ _" - -- ---. - .... ". ... - _...ot. vA _ .�.,....�....qh.��,..t °�AG•C. �•. 6'� .^- "- 6^.'.�xrr.'i!'!Fraa., e -..�. �zs- •.,...n. :: r - vs- 362639 12/18/87 396.80 ACCOUNTEMPS INC PT WAGES 694.40 3� : 362T le V u A M•A� REF 10.0 fiS/Ta - / io RfiF#Ot 01EW~ f% A I Mr �€f 10.00 Comm ER C I At- - COt EB--- . � - - • � . .,. _. _ _" - -- ---. - .... ". ... - _...ot. vA _ .�.,....�....qh.��,..t °�AG•C. �•. 6'� .^- "- 6^.'.�xrr.'i!'!Fraa., e -..�. �zs- •.,...n. :: r - ' i 11 362726 12/18/87 196.97 NATL CAMERA EXCH v SUPPLIES Page: 2 196.97 .. a ,. _.'C'.. r..w.;�TJfs..we.r,..i:v �.ay..:s'Ifin La�4. vx= �ew�- �T^' o+` iKa. t."• a "C.SS"�,Ft{a.x-- ..Ca`wx+rYa: S.?ii.o +-.« cv:f-r. = I -_.e. s .wn. . +. .+. .. ,.. ., 1987 CITY OF MAPLEWOOD 12/1S/87 CHECK REGISTER PIONEER PAINT SUPPLIES CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 6{ ' 362728 12/18/87 101.03 VAN NOSTRAND HOOK 73; 362728 12/18/87 3 368 12/18/87 1 D&D TRUCK SUPPLIE - APOL SU 2: SI 362AO1 362715 12/18/87 96.75 GOVT DATA PURL BOOKS 9 ' 3 1 1 2,342-.00 HEALY -RUFF CONTRACT PYM , 362717 12/18/8 21.00 HELPS GLADYS REFUND 362718 f 2/ # S/87 22.17 HOLM&OLSON SUPPLIES A H6LM &0LSON___ P_P-L-IES' -- -- :71 20.97 :sue - J0f4 S - 01- - BRA VEtC -- R - EFAt1 h A :� 393.54 12/T�/8 1234 5i 3O8EPH - G - _�0LLA 0 SUPPL IES - - - - -- -- - :4 234.51 .5 3627-al ___ 27_t_8 -T8_7_ " I REFUND - :s ., 10.00 3 3 6 2 Ti STS - O : 0 V_ KO T T K IRLEY R EFUND1 _ 1 - 2 f2Z . * EONARD_RUE - � UPPLI ES -- - --. __ 2 20.30 3 - - 140E - - R T CHAR O - _ - T1tA VEL - - -. TR`A I - N I NG -. __ .. 5 362724 1 22.45 MOESCHTER RICHARD TRAVEL TRAINING 362724 12/1 8/87 5.23 MOESCHTER RICHARD TRAVEL TRAINING 34 ' i 11 362726 12/18/87 196.97 NATL CAMERA EXCH v SUPPLIES z 196.97 362727 12/1S/87 690.00 PIONEER PAINT SUPPLIES 690. 6{ ' 362728 12/18/87 101.03 VAN NOSTRAND HOOK 73; 362728 12/18/87 5.40- VAN NOSTRAND BOOK 362789 12/18/87 87 . i s os2.40 APOL SU 2: 362AO1 12/18/87 24.17 ACE HARDWARE SUPPLIES j Page: 3 362A53� �i 2/4 ,,. .. ..+'.fi...H::a:WU_. .. _.. rs. .F. , :i , A.1.Ab+a+r •+a.�rY, -J.+S. da:buZ «..ayr p• c y - BANNll ;AN &KEttYP A 2SS . 31 1987 CITY.OF MAPLEWOOD 36280S CHECK REGISTER 18.00 BANNIGAN&KELLY P.A. CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION' tt — A O. fi -- - le t 8t8 57 A+OE tfiARllt�tA17E� - SUPPL I S ---- 2i 362A01 1 2/18/87 111.37 _ ACE HARDWARE SUPPLIES 862.S0 3bEAO 12/18/87 19.54 ACE HARD S U P PLIES 3 362A69 12/18/87 395.78 ARNALS AUTO SERV REPAIR MAINT 3 362A48 12/18/87 188. AMER TOOL SUPPLY SUPPLIES J; 650.03 6'8.24 188. SUPPLIES j 362A53� �i 2/4 SS . 3 - _ A t M O t SERVrCIES C�NTRACfi PYNt - BANNll ;AN &KEttYP A 2SS . 31 PYit - - -- t - ,p - 032 36280S 12/18/87 18.00 BANNIGAN&KELLY P.A. CONTRACT PYM 362805 12/18/87 93.75 BANNIGAN&KELLY P.A. 362ASS 12/18/87 7 70.03 AMERI -DATA SYSTEM COMPUTER MAINT - -' - — C0N TltA - Cr -- 47 AMER IM= flAfii% T - CoMpttTER - _ - MA IN - T - __ 12/18/87 7S.00 862.S0 CONTRACT PYM 2; M 38S.12 3 362A69 12/18/87 395.78 ARNALS AUTO SERV REPAIR MAINT — _AfthtALS_ SERV REP MtA I NrT -- 8UP Pt I E 362515 650.03 6'8.24 BATTERY TIRE WHSE SUPPLIES 1 34.S9 # i 362816 12/18/87 � 362A75 12/18/87 3.5S A T T TELEPHONE - 36 2A TELEPHONE' -- 362A7S 12/18/87 1 A T 6 T TELEPHONE 362A7S 12/18/87 2.25 A T 6 T TELEPHONE — - 05M -- * - 362A93 12/18/87 110471.00 AUTOMATIC SYSTEMS CO CONTRACT PYM }' 1 1 , 471.0 0 - BANNll ;AN &KEttYP A - CONTRAOT -. _ PYit - - -- t - ,p - 032 36280S 12/18/87 18.00 BANNIGAN&KELLY P.A. CONTRACT PYM 362805 12/18/87 93.75 BANNIGAN&KELLY P.A. CONTRACT PYM S2� 0S '/871 Sr 8:75 BANNI G P.A. - — C0N TltA - Cr -- P'YM 362B05 12/18/87 7S.00 BANNIGAN&KELLY P.A. CONTRACT PYM M 38S.12 _ _3 Eck 5 0/ 7 - BATTERY - fiI R - - UH 8UP Pt I E 362515 12/18/87 6'8.24 BATTERY TIRE WHSE SUPPLIES 1 34.S9 # 362816 12/18/87 39'.99 BEST BUY CO SUPPLIES Page: 4 r+ .+ d*ArWS.��Seb+.� �.A�'aYOL yi33e..y'f�.�i fl[•41yY' .iA'•+ r.� t a.. � } y - -'^ `. �. �... .., -: _ . -; . -�!•t' ^^�Y." -:. :e .... ��.: ^sytk :N .�.. -.. 4 -... �r ,. .. a.� . .- .a- ,� ,�. .. ... .. . ..., 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION g1 362B35 18/18/87 187.00 BRACKE LOUIS CONTRACT PYM 7 187. 00 362B48 12/18/87 8t * * * * ** BOYER TRUCK PARTS SUPPLIES - 9 J{ 36 837 1 18 67 1 B - -- -- - BLACKS -- PHOTOGR-APHY-------- - - - - -- - -- SUPPL IES- - -- 3' 121.06 - T 9-si— - - BUILDERS -- 0 SUPPLrEEs ' -- -- - - - -- 51 362B94 12/18!87 13.35 BUILDERS 0 SUPPLIES s' 36EB94 12/1 8/87 27.18 B UILDERS 0 14 : 362B45 12/18/87 62.76 BOARD OF WATER COMM UTILITIES s 362845 V f 1887 -- �� 4:80 BB - AR6 - - ' - WATER . COMM .---- _ ---- - UTI - L IT ES_ .7 362B 12/18/87 24.60 BOARD OF WATER COMM UTILITIES g 362B45 12/18/87 12.12 BOARD OF WATER COMM UTILITIES rat - a - A` R D O F`WAT'EFr COMM - VTl - L I I ES= _ c: 36,EB45 12/18/$7 454.79 BOARD OF WATER COMM REPAIR MAINT :t 362B4S 1_2/18/87 9 100.02 BOARD OF WATER COMM CONTRACT PYM 3 - 62845 T 1211 87 12/18/67 OFF -WATER _._ 0MIMF - - - - -- CONTRACT PYM -..-- - -31 362B45 12/18/87 12 BOARD. OF WATER COMM CONTRACT PYM .41 362845 12/18/87 5 BOARD OF WATER COMM CONTRAC P YM 2C 543: - 8 - St3PP�r€ - 3 7 /8 _6 CAROL I1tifi� $I4t:�i CAL .8 362B48 12/18/87 81.48 BOYER TRUCK PARTS SUPPLIES 3' - T 9-si— - - BUILDERS -- 0 SUPPLrEEs ' -- -- - - - -- 51 362B94 12/18!87 13.35 BUILDERS 0 SUPPLIES s' 36EB94 12/1 8/87 27.18 B UILDERS 0 SUPPLIES 7 ' *4 -_ - -- 8i { .• O 362B96 12/18/87 16.46 BYERLYS SUPPLIES 2 16.46 { C EQU1[ P EQU rP - f2r1"s ev, _ fi:_ 00 20,291.00 3 SUPPL I E 9- - - 36 2 2 C_O S an . 05 Lam S #A tROt - .. CO -. _I . tC` 362COS 12/18/67 33.05 C C SHARROW CO INC SUPPLIES 66.10 * _ 2) 3i # # # # ## { St3PP�r€ - 3 7 /8 . r r CAROL I1tifi� $I4t:�i CAL PLIES- - -- - 362E15 12/18/87 85.00 EAST SIDE G.T.0 SUPPLIES 123.96 3�6�8G 1 - te" 8/87 8 K - SERI C€ I FORM - . :. .. .. •: . .., . •' .. .... .,... -.. -.; . . s _ ...•^a na.x.r.. i�xs l_ ,.. .... ......a. _ a.-.. - ._ .....✓. 4 Nc. iNY BLb'.•Y6 �i.SA`...�'C'tc• a�•I. LC6iv�t$ ar4�..L..'t�+.ww;Eli..a6: -c. *:lu � >.a. Page: 5 .... i"_ft .aTt: <.n .a .. .,. .., a......, t _. .. .. r. ... . o .... ... ._ 1587 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION i . :f 362C38 12/18/87 15.E1 CLEAN STEP RUGS RUG CLEANING 36 12/18/87 18.03 CLEAN STEP RUGS. RUG C L E ANING - 2T: 24 362045 12!18187 61.14 CHIPPEWA SPRINGS WATER COOLER 61.14 3: 5; I E71 &787 97.'50 Cl r - r0 r O GORKAW PA - -- CONTRACT PYrr_____ f X37 . SO 3j 3 6 2 CS 0 -- 1 t fi 8 7 - -- Q� - -C-A -n S Pt I E S 72.60 3 ; 362052 12/18/87 55.00 CLUTCH 6 U JOINT SUPPLIES ss . 0 3j 3� 362C5S 12/18/87 219.87 COPY DUPLICATING DUPLICATING COST! ,i 219.8 3` �382C - fi Tfi /8T� S6:5 _ C EQU IPMENT__ - rNC — .SUPPLIE - - -- __ -- ; 362C58 12/18/87 81.36 COPY EQUIPMENT INC SUPPLIES 362058 12/18/87 289.00 COPY EQUIPMENT INC SUPPLIES , 62CS fief fi 8 87` - 5 � COPY-- EQUIPMEN-T-_- I- NC —..__ _ SUPPt IES - - - - - -- - - - - - -- 3; 362058 12/18/87 198.44 COPY EQUIPMENT INC SUPPLIES ; 704.65 362D3t� - _, -- 8 18 8 88- - _D - LCO SUPPLIES -- -_ - - -- - - - -- 362D30 12/18/87 106.79 DALC4 SUPPLIES 98.79 PLIES- - -- - 362E15 12/18/87 85.00 EAST SIDE G.T.0 SUPPLIES 123.96 3�6�8G 1 - te" 8/87 8 K - SERI C€ I FORM - z. Page.: 6 1987 CITY OF MAPLEWOOD CHECK REGISTER � CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ION 6ECfii�^ E E7 -� - M �� K SERVICES UNIFOR - 21 368G10 12/1 8/87 12.60 - C 6 K SERVICES UNIFORMS 9; 36.2G1 12 1818? 12.60 8 6 K SERVICES UNIFORMS 36G 1 0 12/18/87 . _3d--- - - ---- G 4 SERVICES -UNIFORMS'- - -- 5I 362GIO 12/18/87 37.80 G & K SERVICES UNIFORMS 6 �362G 1 0 12/18/87 37.80 6 6 K SERVICES UNIFORMS - -- -- UN I FO R MS - 362G#0 18118!87 44.10 Q K SERVICES UNIFORM$ 9 362G14 12 !18187 37.80 G K SERVICES UNIFORMS 362GIO 12/18/87 37.80 _6 -- K SERV ICES---- IFORMS ___- ____ 1 362Gi0 12/18/87 37.80 G 6 K SERVICES UNIFORMS = 362G10 12118/87 37.80 C 6 K SERVICES UNIFORMS - SERRvrCES FORMS 362GIO 12/18/87 6.30 8 & K SERVICES UNIFORMS -- 362G1 12/18/ 1 2.60 S 6 K SERVICES UNIFORMS 362G 12/18/87 12:60 :6_R Et�VI -C -E _ 3F0RHS 1 362G10 12/18/87 6.30 G 6 K SERVICES UNIFORMS 3 62 G IO 12/18/87 44.10 8 K SERVICES UNIFORMS y --3& 'Gl / :fib-= SERvI IFORMS -- - = 36EG10 12!18!87 48.30 G 6 K SERVI UNIFORMS 3 62610 12/18/87 48.30 G 6 K SERVICES UNIFORMS =z 362GIO 12/ 1 $7 - . 30� UHIFORMS - ... =� 362G10 12/18/87 48.30 G 6 K SERVICES UNIFORMS 'a 362.5 10 12/18/87 48.30 G 6 K SERVICES UNIFORMS 382 E7 /97 +1'8:3 K SERVI - C IFORMS- =6 362610 12/18/87 48.30 0 i K SERVICES UNIFORMS =� 362GIO ~_ 12/18/87 48.30 G 6 K SERVICES UNIFORMS ,8 -362 1 c��1 - SrS _49 30 __9_A-- K -SER`V- ICES' . UNIFORMS_.__ �# 362G10 12/18/87 27.09 G & K SERVICES UNIFORMS 362610 12/18/87 30.56 G 3 K SERVICES UNIFORMS - ---- 30. 9 OF K SERVICES -- 0 - Rt�rs-- z 362GIO 1 27.09 G 6 K SERVICES UNIFORMS 362G10 12/18/87 27.09 G 6 K SERVICES UNIFORMS UNIFORMS - 362610 12/18/87 30.56 G 6 K SERVICES UNIFORMS s` 362610 12/18/87 27.09 G 6 K SERVICES UNIFORMS 7 : -0 - K- SERVr �S -- UNI 3.62G10 12/18/87 18.00 G 6 K SERVICES UNIFORMS 362G10 12/18/87 18.00 G 6 K SERVICES UNIFORMS 36 1 f ay SERVTCEES - -- NTIFO - - -- �� 362G10 12/18/87 18.00 G 6 K SERVICES UNIFORMS 362G10 12/18/87 18.00 G & K SERVICES UNIFORMS K SERVI - C ' UNIFORMS,- --- 362GIO 12/18/87 18.00 G 6 K SERVICES UNIFORMS 5i 362GI 12/18/87 18.00 G 6 K SERVICES UNIFORMS UNIFORMS 71 1,260.42 _ 3 1 362 -- - - 12/ 18/87 12.40 GLENWOOD W - 2 : 4I� - - # 3: 362G51 12/18/87 27.55 GLADSTONE LUMBER SUPPLIES 362H25 12/12/87 1 HENN COUNTY T RAVEL TR 362H29 i2 /1S /07 40.00 HEALTH RESOURCES CONTRACT PYM 362H29 12/18/87 79.00 GRUBERS HANK -- -- - -' - -- SUPPLIES- .------ - - - - -- 41.So * * * * ** 362Ki0 12 /18/07 362H70 12/18/07 11.00 HORSNELL JUDITH SUPPLIES 6 2 H 4 5 12 / 1 0/ 8 7 40-00 O. HH �. . I L a 3 36EKfifi - - fiZr_r$187 -- _ _r : 07= _ [ C � . _ � ( 0 362H05 12/18/07 60.00 H.G.O. FUEL OIL 362H05 12/10/87 5.04- H.C.O FUEL OIL - -- 3 0 5 �_- rE i E7- _ 44.65 fi: G tf. FUEL O rt - - -- 94.51 362H25 12/12/87 1 HENN COUNTY T RAVEL TR 362H29 i2 /1S /07 40.00 HEALTH RESOURCES CONTRACT PYM 362H29 12/18/87 79.00 HEALTH RESOURCES CONTRACT PYM * * * * ** 362Ki0 12 /18/07 362H70 12/18/07 11.00 HORSNELL JUDITH SUPPLIES 362H70 12/18/8T 5.00 HORS JUD ITH SUPPLIES SUPPLIES 36EKfifi - - fiZr_r$187 -- _ _r : 07= _ t KARfi PPt 17.82 362131 12/18/87 44.65 INSTY- PRINTS SUPPLIES 44.65 3 6 i J . ? TWOM AS_ I O� - SUP PL I E S - - - - -- 163.70 362Ki0 12 /18/07 3.57 K MART SUPPLIES 5 7 362K11 12/18/87 18.09 K MART SUPPLIES 36EKfifi - - fiZr_r$187 -- _ _r : 07= _ t KARfi PPt 17.82 I ` 362MS9 12/18/87 64.00 MINNESOTA BLUEPRINT SUPPLIES 3SiC.ctrwa.lsa.R3.- r.w^' Pa 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ,. 2 362K21 12/18/87 14.2E KANE MICHAEL TRAVEL TRAINING 3! - 14 .25 - 4 -- _- -- -- - --- _ _ 7 _ - 362K5 - ____l27 8T87_ 4i 30 Ox LUMBEft sUPPLlE.s 3 362KSS 12/1f87 169.00 KNOX LUMBER SUPPLIES 210 .30 i 5 8I - 71 1 ai 362L21 12/18/87 174.50 L AKELAND FORD REPAIR MA INT 9 : 174 � - - --- - - - - -- - v' + 33 1 362L60 12/18/87 20.00 LOFGREN JOHN UNIFORMS x' 20.00 3 3 6 2 K � �$ T - 0 0 �FiA YS CCI COMPUTEI MA I Nr" " - - - - -• ' 215.00 F 3 3 12/18/87 12,990.69 M CHEVROLET EQ UIP 362M24 12/18/87 19.8E MAPLEWOOD OAKDALE PRINTING ---3 � -. NP -7E TRAOT - py" 362M31 12/1$/87 223.69 MANPOWER TEMP CONTRACT PYM 362M31 12/18/87, 129.36 MANPOWER TEMP CONTRACT PYM - 223 : -" _ - TEMP — _ - CON ACT - PYM ;i 706.09 362M 12/18/87 881.20 METRO INSP SERVICE C PYM I I ` 362MS9 12/18/87 64.00 MINNESOTA BLUEPRINT SUPPLIES Page: 9 1987 CITY OF IMAPLEWOOD CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM, DESCRIPTION _ M rNNE --- BLUEPftT T -- - - SUP/ res 21 89. SO 4 5 s� 62M86 1 12/i8/87 8 82.50 M MOGREN BROS S SUPPLIES 18/87 - - - -- - - - 0 . 0 0 -_ - - -- - - - - - -- MOGREN BROS--- -------- ---_ -- SUP PL I E S - - - -- ss 362M86 1 12 18/87 I ISO 00 M MOGREN BROS S SUPPLIES 362M86 - 12/18/87 1 180.00 M MOGREN BROS S SUPPLIES - - - - -- 1 - 8 0 . 0 . 0 -__ 1 110 GREN B R t3 B U UP I L` - - -- 362M86 1 12/18/87 1 165.00 M MOGREN BROS S SUPPLIES 937 . SO 3: 5: G1 , , 37 . 3T _ _MT DUES T IM S S V A1�tt M7�� OO NT aOL 71 f f , 376.37 $! 362M90 ___.___ 12/18/87 213.21 MOTOROLA INC CONTRACT PYM Z; 362 M 9 tf t8t8T .� 273 2 -__ - _ - _MO TO R 'r -- CONT ' R'ACT PYM - - - --- 486.52 362M97 12/18/87 140.04 MUNICILITE CO SUPPLIES t 362N23 12/18/87 32.00 NORTH EAST PROGRAMS 3i 32. 00 ENE7 t NCR - - CO TRACT P -- 3 36c?N27 12/18/87 1.20 NCR CORP CONTRACT PYM 368N7 _ 12/ 18/87 1.20 NCR CORP CONTRACT PYM . $� �rCR OORP 362N27 12/18/87 1.20 NCR CORP CONTRACT PYM , 362N27 12/18!87 1.20 NCR CORP CONTRACT PYM tZt t &/8v7 1 . c_#Y - N COR COWT ACT -- PYM- -- 362N27 12/18/87 1.20 NCR CORP CONTRACT PYM 9.64 1j 2; 36206 0 12118/87 ; d' i 5� t 36209 8187 31 123.90 EN SER PL -TE -S ] 2; 362P28 12118/87 3 Pas 12/18/81 14.17 6. 20.62 SUPPLIES PET CONNECTION PET mmec i ll 01V 7 si 362P30 12118187 3# s 3 3,000.00 PETERSON! BELL CONV 3 ; 0 362P38 12/18/87 ll E * * * ** t0.00 OSWALD FIRE HOSE SUPPLIES 10.00 * 55.32 PETROLEUM MAINT 55.32 RETAINER SUPPLIES Page: 10 - :...:.. ...>..> ,.,,a <. . ..rte '♦ a w.:- 3'i3is'!Y. _.iw a. .:.tb. .w :.'.,c'?•:ti -'T _ ,.+:'• .. _ _ ..._ .. - . 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 62NS ITECEPHDNE _ T` - 7 .9 - V_ NOI THWESTERN 2' 3 6;2 N 0 12118/87 38.90 NORTHWESTERN BELL TELEPHONE 362N50 1 2/18/8 7 38.40_ N ORTHWESTERN BELL TELEPHONE 36EN5 121187 �39 0-0 w NORTHWESTERN - BELL TELEPH+ONEv - � 362NS0 12118187 38.90 NORTHWESTERN BELL TELEPHONE 362N50 12!18187 19.50 NORTHWESTERN BELL TELEPHONE 7 3 -- f i S'IS7 - - - _ - _ -- 4 6 BELL---- ______ _ TELEPHONE.____. 362NS 12/18187 17.76 NORTHWESTERN BELL TELEPHONE 362NS 1 2/18/8 7 1 i2.27 NORTHWESTERN SELL TELEPHONE of 362NSO - -- 1 e!i E!$7 S3.;23 NORTHWESTERN_ BELL _ TELEPHONE 362NSO 12118/87 89.05 NORTHWESTERN BELL TELEPHONE 2' 362NSO 12/18/87 67.95 NORTHWESTERN BELL TELEPHONE FfQRTHWESTERN[_ . BELL - ___ - TELEPHONE 4; 362NS 1E118/87 56.45 NORTHWESTERN BELL TELEPHONE ` 3 62N50 12/18187 53.60 NORTHWESTERN BELL TELEPHONE s; 3 62NSO 12/18/87 . 8 NORTHWESTERN - __ ELL ___TELEPHONE 7 7 1,0S1.S3 P, ] 362N80_ 12/18/8' 38.60- N.S.P. TELEPHONE 2 3 6 2 N S 4 __ ^� 3' .00 g 7� 362N95 12/18/87 1 NUTESON LAVERNE TRAVEL TRAINING 81 9 1 I —� 1 4._2 1j 2; 36206 0 12118/87 ; d' i 5� t 36209 8187 31 123.90 EN SER PL -TE -S ] 2; 362P28 12118/87 3 Pas 12/18/81 14.17 6. 20.62 SUPPLIES PET CONNECTION PET mmec i ll 01V 7 si 362P30 12118187 3# s 3 3,000.00 PETERSON! BELL CONV 3 ; 0 362P38 12/18/87 ll E * * * ** t0.00 OSWALD FIRE HOSE SUPPLIES 10.00 * 55.32 PETROLEUM MAINT 55.32 RETAINER SUPPLIES Page: 1:l . -. -.... .. .'_.., .. ...' .`:t .r. ... 1.'w.r �.: Y+. 5..ti ._ C -.aMrw cR �.-.. M •ice +l -♦ �.J i7.m. 1M• M 'AY - �...r� b .— v-. ... 1.... 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 2 362P�40 12/18/87 14.85 PHOTOS TO CO SUPPLIES 3 f 14.85 c5 ! so - - - - -- - - PaOFEsSrON'A ' - CONTRACT- PYM---- 85.50 z� 362R09 12/18/87 1, 385.34 RAMSEY COUNTY CONTRACT PYM -A - CONTRACT__ PYK - - - - - -- 1,525.82 # ,s 1 71 Ei 362R49 12/18/87 22.10 ROAD RESCUE CONTRACT PYM - - ROADr -- RESCUtE CONTRACT PYIt --- -- ?� 36.50 3 141 362R90 12/18/87 62.62 RYCO SUPPLY CO SUPPLIES 6,2 62 - :7 # # qe alc ale 9 362S0.2 12/18/87 115.68 S 6 D LOCK SAFE SUPPLIES 2` 362S03 12/18/87 14.98 SPS OFFICE PROD SUPPLIES 362S03 12/18/87 58.80 SPS OFFICE PROD SUPPLIES �� 36*2S0'3 i - aT i 8 577.18 3 362S09 1E/14187 26.43 SATELLITE INDUSTRIES CHEMICAL TOILETS 3�2S�T Tr D/ �r :?E- - 8 TE I1�1I1uSTR - M -- TO - r ETS 11.68 >I 362S11 12114/87 626.07 S S CRAFTS SUPPLIES 7 276 - 07 - * - 311 362S32 12!18/87 3 SHAW LUMBER SUPPLIES 362532 12/18/87 1,318.08 SHAW LUMBER SUPPLIES 362S39 f2/1S/87 925.82 SHORT ELLIOT HENDR. CONTRACT PYK - -Page: 12 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 36 839 718/87 �_� �;� : #7 _ SA011�EL CI�T^HENDR� - C�O�Tt'R- ACT- ------ 2 362839 12/18/87 482.4E SHORT ELLIOT HENDR CONTRACT PYM 362839 1 2/18/67 1 ,291.24 SHORT ELLIOT HENDR CONTRACT PYM 4 3 6 2 S 3 S 12/18/87 2 0 6. 0 3 _SH OR T EL L I O -- -HENDR __ _____ CON TR AC T' YM - _- _..____ 362539 12!18/87 2o723.32 SHORT ELLIOT HENDR CONTRACT PYM 362S39 12/18/87 250.23 SHORT ELLIOT HENDR CONTRACT PYM 362$39 _ _..__.__.- - x . 4 . 1 _. 28 -- - - - -__ SHORT ELC:IOT HENDR -- _ PYM 3 362S39 18/18/87 11,480.13 SHORT ELLIOT HENDR CONTRACT PYM . 22 ,521. 5 4 TU SUPPLIES a 60.00 7! s 362S66 12/18/87 110.86 ST PAUL DISPATCH PUBLISHING -- 362S67 1 2/ 18/87_ 9.50 ST PAUL STAMP WORKS SUPPLIES 362867 1 - 2% 18/87 - �32 . T8 _ _ - - --- ST -- STAMP . WOR - Kg 3 362567 12/18/87 18.43 ST PAUL STAMP WORKS SUPPLIES 60.71 - 3-6 S69 IEZTB787 �8.7S SUPPLIES _ g; 362569 12/18/87 4.35 ST PAUL BOOK SUPPLIES =' 13.10 RErSTE� - S UP Pt rS - - -- 427.83 3' > 362SS2 12/18/87 17.18 STAT OF MN DOT MN DOT FEES 362584 12/18/87 100.00 STEFFEN SCOTT DOG KENNEL 160.00 fi2 - I fi 8 8#: E fE1 - f tAl lm"TE11tA# Elm. A GR 2,183.16 362T29 12/18/87 390.94 T.A.SCHIFSKY SONS SUPPLIES 39 9- :�- .. - .. ... - ., ,.•.. � .. .. � n , :.4 _,�. ....r ... ... .,. ..» .. ;ab::... .. t at =.. .. t.:� _ +.3r. +- ;1;4'`ky1.. R r. ,_.T 1 : :..,rls ar- �LYivar st✓.•ca[�s'.1.L'�.« ....�`ucc.+.,�r. e �•Pa g e 13 e 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO.. DATE AMOUNT VENDOR ITEM DESCRIPTION 21 36i2T3 0 ,t 12/ 18/87 .10.80 TARGET SUPPLIES 3 1 362T30 1 1£.97 TARGET SUP 4 E9 _., 06 -___ r._ TARGET - ' 2 , SUPPLIES' 362T30 12/18/87 74.63 TARGET SUPPLIES 362T30 12/18/87 28.94 TARGET 362TSO 12/18/87 SUPPLIES TRUCK UTILITIES MFG EQUIPMENT ---- - - -. g3- - --- TARGET -_ _ —__ —_ - -- SUPPLIES... - -- _ _ - - - -- - 362T30 12/18/87 31.52 TARGET SUPPLIES 9 362T30 12/18/87 39.99 TARGET SUPPLIES o 3 6 9T3 0 ------- - - - - - 1 �T � $ /8'� _!- 3 -�: � _ _.._�_.._____ fiA R G E T _ __. ___�_____ 3- 362T8S 12tt8/8 __ - SUP PL I ES . __ _-- - - - - -- __ - EOUIPMEitT - __ -- 5i 266.46 7 PROGRAMS - 228.00 1211 - 81 T 6 i - T SHlRTa -- A e&4-: 40 . TWlN - - C - 1TY TES`T - - 648.24 - 1 492. — � s - r9 – - r 1 r r -- �- -r---- — T�tr - -� rrY-.- � t 1 E T 3 41 26.47 ai 7s $ 362TSO 12/18/87 43.68 T J AUTO PARTS SUPPLIES 5 � _� 362TSO 12/18/87 133.94 T J AUTO PARTS SUPPLIES 362 12/18/87 3.33 T J AUTO PARTS SUPPLIES y .5 362TS2 1 101.36 THANE HAWKINS POLAR - SUPPLIES 101.36 0 O TKIAA--- — -- CONTRACT -- - PYW - - __ - 2 , 47. 03 s; 362TSO 12/18/87 1,769.00 TRUCK UTILITIES MFG EQUIPMENT 3`62T8 0 fi2/1 - TRUCK - tf rlL fi I E 3 MP G EQU I PME NT - ai 3,S74.00 21 362TSS 12/18/87 2.51 TURNQUIST PAPER CO EQUIPMENT 3- 362T8S 12tt8/8 248 G TURNQU 19T 1:lAPER_ CO - EOUIPMEitT - __ -- 5i 251 .20 :7 362T94 12/18/87 228.00 TWIN CITY TESTING CONTRACT PYM 362TS - 4 - e&4-: 40 . TWlN - - C - 1TY TES`T - - TRA - 1 492. — � s - r9 – - r 1 r r -- �- -r---- — T�tr - -� rrY-.- � t 1 E T 3 41 26.47 ai 7s 0 t z 362USO 12/18/87 73.70 UNIFORMS UNLIMIT UNIFORMS 3 362 1 2/18/87 290.00 U NIFORMS UNLIMITED UNIFORMS 362U SO _ —.- .12/1 8.7.. - - -- 103. S- - UNIFDRMB -UNLI' SILTED - - - - -- -- UNI'F`ORMS----- -... -_ 3 362U50 12/18/87 264.20 UNIFORMS UNLIMITED UNIFORMS 3 362050 12/18/87 12.60 UNIFORMS UNLIMITED UNIFORMS -5 - U N`*r OR`MS__UNLIMITED_ _ ------------- UNIFORMS -31 362050 12/18/87 203:05 UNIFORMS UNLIMITED UNIFORMS a � 362' Va 12/ 16797 1,014.33 IM $9 c S tZFs• o 12/18/87 28.09 VW EIMICKE ASSOC SUPPLIES �s 56.18 3 ^3608 E T7` i $ - IST� - -- SUP P L I E S ------ - - - -- 3E fi �UN rVER SAC:^ MED I CAL -_- ` 4! 362US6 #8/18 3.33 UNIVERSAL MEDICAL SUPPLIES. SI 36 12/1 8/87 217.80 UNIVERSAL MEDICAL SUPPLIES ' I - 71 8 3 * * * * ** ' 57,120.20 FUND 01 TOTAL GENERAL ,_3!657 7Z FtIND - 0 0 HYVWAWrt CHAR6tv s 362V49 12/1+x/87 103.59 VIKING SAFETY PROD SUPPLIES 103. 362V50 12/18/87 73.35 VIRTUE PRINTING SUPPLIES , 4 ! 73.35 * " -5 a � 362' Va 12/ 16797 28.09 IM $9 c S tZFs• s� 362V80 12/18/87 28.09 VW EIMICKE ASSOC SUPPLIES �s 56.18 3i AVEL I i nc d 162'WS 4 -- 127T f. 6 WELc+lLlW '51 11-96 I - ;71 * ** ** 8 362X30 12/1S/87 4.24 XEROX CORP DUPLICATING l 362)(0 1 OX r�Tr G 14 362X30 12/18/87 20.68 XEROX CORP DUPLICATING 2 1 362X30 12/18/87 35.52 XEROX CORP DUPLICATING :3 � ez 1"S G`01� rC T I NC7 :di 362X30 12/18/87 36.01 XEROX CORP DUPLICATING >; 126.67 '6 :7 * * * ** :8 T ' :9 E } �i 362Z70 12/18/87 150.54 ZUERCHER JOHN TRAVEL 6 TRAININ 160.25 3 * * * * ** ' 57,120.20 FUND 01 TOTAL GENERAL ,_3!657 7Z FtIND - 0 0 HYVWAWrt CHAR6tv s 301 3 3-3 pa g e:.. 1.5 1987 CITY OF MAPLEWOOD CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 0-6- FLIN013-TOTAL 1#385-34 FUND 33 TOTAL 81-20 MCKNIGHT/Hl: 925.82 FUND 37 TOTAL 87-14 HOLLOWY BEE 4,pl TOTAL'___`__a*;__Te_ BEAK' W OF-I 482.42 FUND 51 TOTAL 85-8 EDGERTN ROSE 10 FUND, 63 TOTAL 86-3- CENTURY AVE 4 T. FUNV'* A37&�w4 7CT Y'RlY C&HW 168.75 FUND 70 TOTAL 86-12 ARKWRIGHT I 4,395.86, FUND 73 TOTAL 86-15 WTR DISTR I 398.13 FUND,88 TOTAL 86-28 CAVES NEVAI 715.66 FUND 90 TOTAL SANITARY SEWER F1 _12 9 Z- TQTRL --8Ti-&,-GONYEAS,- OAK- 38*979.36 FUND 96 TOTAL VEHICLE & EQUIP I Gi 5,643.00 FUND 99 TOTAL MISC DEVELOPER Pf 171 167j228.54 TOTAL 2 c 21 INDICATES ITEMS FINANCED BY RECREATIONAL FEES 301 3 3-3 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 1264 -87 CHECK # 1174 - # 1303 EMPLOYEE NAME GROSS PAY McGUIRE, MICHAEL A. .BERM, LOIS N. JAHN, DAVID J. C UDE , LARRY , J . ZUERCHER, JOHN L. OSTER , ANDREA J FAUST, DANIEL F. TAYLOR, LINDA MATHEYS, ALANA, K. VIGNALO, DELORES, A. ANDERSON, CAROLE, J. AUREL I US, LUCI LLE, E. SCHADT, JEANNE, L. HOSCHKA, GE.RMAINE KELSEY, CONNIE, L. VIETOR, LORRAINE, S. HENSLEY, PATRICIA, A. . CARLE, JEANETTE, E. GREEN, PHYLLIS,.C. COLLINS, KENNETH, V. RICHIE, CAROLE, L. SVENDSEN, JOANNE, M. NELSON, ROBERT D. DOLAN, RITA. OMATH, JOY E. MARTINSON, CAROL F. ZAPPA, JOSEPH A. STILL, VERNON, T. SKALMAN, DONALD W. NELSON, CAROL M. MORELLI, RAYMOND J. STEFFEN, SCOTT L. ARNOLD, DAVID L. BANICK, JOHN J BOHL, JOHN C. CAHANES, ANTHONY G. CLAUSON, DALE, K. MOESCHTER, RICHARD, M. PELTIER, WILLIAM F. SZ.CZEPANSKI, THOMAS J. WE CABOT V. .LANG, RICHARD J. PALMA, STEVEN T. HERBERT, MICHAEL J. DREGER, RICHARD, C. $2,330.59 852.25 680.52 242.40 157.60 665.0.5 1,846.28 453.23 972.38 852.25 1,146.46 1,705.48 .745.85 341.70 403.83 733.33 415.84 607.45 937.63 1,917.48 706.65 980.39 1,675.88 222.28 720.25 686.65 1,455.26 1,308.68 1,357.48 1,251.94 1,398.16 1,323.09 1,455.26 1,420.58 1,441.48 1,675.88 1,357.48 1,474.24 1 1,200.85 1,165.99 1,489.90 879.88 1;409.82 1,598.94 �1- CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12 -4 -87 CHECK # — # 1303 EMPLOYEE NAME MEEHAN, JR., JAMES E STAFNE, GREGORY, L. BECKER..RONALD D. HALWEG, KEVIN, R. STOCKTON, DERRELL, T. PAULOS, JR., PAUL G. 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. KANE, MICHAEL R. LUTZ, DAVID P. KLAUSING, HENRY, F. HELEY, RONALD J. OSWALD, ERICK D. TEVLIN, JR., HARRY J. FREBERG, RONALD L. CASS, WILLIAM C. ELIAS, JAMES G. PECK, DENNIS L. PRIEBE, WILLIAM IRISH, BRUCE A. GESSELE, JAMES T. COLLINS, STEVEN A. .GEISSLER, WALTER M. LOFGREN, JOHN R. ODEGARD, ROBERT D. GROSS PAY $1,459.34 1,486.75 .1,416.68 1,688.74 1,372.96 557.20 1,394.20 1,471.83 1,332.68 1,4 74.60 1,582.32 1,498.38 1,396.68 1,405.48 1,4 30.90 1,449.40 1,431.88 1,326.07 1,031.72 908.81 892.25 795o29 1,431.26 953.69 1,061.85 1,043.93 693.05 .1,795.08 884.25 1,255.76 1,365.19 1,148.75 1,214.93 1,160.98 753.05 1,085.77 1,160.98 1,497.66 1,259.21 1,203.45 1,374.25 1,342.46 1,258.50 304.80 1,259.21 857.05 1,723.08 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 12 -4 -87 CHECK # 1174 — #1303 EMPLOYEE NAME BRENNER, LOTS, J. . KRUMMEL, BARBARA A. STAPLES, PAULINE SWANSON, JR., LYLE E. . WILLIAMS, MATTHEW D. TRAVERS DANIEL L. ANDERSON, ROBERT S. _- := LINDORFF, DENNIS P. MLVIHILL, MICHAEL YUKER,- WALTER A. HELEY, ROLAND Be MARUSKA, MARK A. BURKE, MYLES R. GERMAIN, DAVID A. WARD, ROY G. TAUBMAN, DOUGLAS J. GREW, JANET M. CONNERS, KIM HORSNELL, JUDITH A. HUTCHINSON, ANN E DOHERTY, KATHLEEN.M. OLSON, GEOFFREY W. WEGWERTH, JUDITH A. LIVINGSTON, JOYCE L. EKSTRAND, THOMAS G. JOHNSON, RANDALL L. OSTROM, MARJORIE CARVER, NICHOLAS N. WENGER, ROBERT J LA CASSE, CASEY F. NADEAU, EDWARD A. MULWEE, GEORGE W. NUTESON, LAVERNE S. BREHEIM, ROGER W. EDSON, DAVID Be OWEN, GERALD C. MULVANEY, DENNIS M. SPREIGL, GEORGE C. GROSS PAY $868.25 372.95 1,367.26 845.85 304.00 90.00 1,013.05 1,033.69 320.00 81.00 1,062.65 1,180.06 1,102.65 1,082.65 406.40 1,056.86 892.25 270.52 446.12 348.12 850.33--- - 1,701.48 386.51 363.08 1,102.49 1,019.45 1,391.26 1,059.45 1,181.85 30.00 1,148.81 1,119.96 1,424.86 1,061.05 1,065.21 401.85 1,161.85 861.85 138,-631.57 Agenda Number F Agenda Report T0: City Manager FROM: Finance Director /Oz?� RE: Redesignation of Depositories DATE: December 16, 1987 Action by.s�d_l: Endorsed Modifie d..,_...... 3 1 � Rej ected,„ .Y `• " Date State law, Chapter 427 requi i res th �� • q at cites from time to time'' rede for city money. When c i t i n s i gnate dep ositorie s not obtained vestments are made i n certificates o f deposits, q are obtained from several of the financial institutions that have been designated as depositories. In case of • quotation, preference is given to a local bank a ti e . The attached resolution does not include ude any new depositories. If a f i n ' that is not a designated dep ository ancial institution investments in the f p Y becomes a good option for cit • gnat � on as a depositor fut it will be recommended t Y des � as o the Council 1 for Y a separate agenda item. Adoption of resolu is recommended, p the attached resol BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: American National Bank First Minnesota First National Bank of St. Paul First State Bank of St. Paul Investors Savings Bank Maplewood State Bank Marquette Bank Midwest Federal Savings and Loan Norwest Bank Minneapolis Town and Country Bank Twin City Federal Savings and Loan BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall not exceed the amount of F.D,I.C. or F.S.L.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that funds in the above depositories may be withdrawn and wire transferred to any other official depository of the City by the request of the Finance Director, Assistant Finance Director or Accountant, and BE IT FURTHER RESOLVED, that these depository designations are effective until 12- 31 -90. y tJ Agenda Number Ac t i on b E Agenda Report TO: City Manager j e c p..; FROM: Finance Director D ate. RE: Authorization of Investment in the 4M Fund DATE: December 15, 1987 Earlier this year the League of Minnesota Cities sponsored the creation of the Minnesota Municipal Money Market Fund (4M Fund). This fund is intended to provide a competitive, convenient and professional managed short -term investment option for cities . The fund is administered by Piper Capita 1 Management, Inc., with Cadre Consulting Services, Inc,, as sub - administrator. Attached is additional information regarding the fund. Consideration was given to investing short -term monies in this fund when it was first created, but the yields were not competitive. However, currently the yield is 33 basis points higher than the City's investment in Overnight Repurchase Agreement at Marquette Bank. It is recommended that Council approve the attached resolution authorizing investment in the 4M Fund. A RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING' PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONNECTION THEREWITH WHEREAS, Mi nnesota Statutes Section 471.59 (the "Joint Powers Act ") provides among other things that governmental units, by agreement entered into through action of their governing bod may jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund was formed in Januar 1.987 pursuant to the Joint Powers Act by the adoption of a point powers agreement in the form of a Declaration of Trust by a group of Minnesota Municipalities acting as the Initial Participants thereof; and WHEREAS, the�Declaration of Trust has been presented to this council and WHEREAS, the Declaration of Trust authorizes municipalities of the State of Minnesota to adopt and enter into the Declaration of Trust and become Participants of the Fund. Municipality shall mean city, county, town, public authority, public corporation, public commission, special district, and any "instrumentality" (as that term is defined in the Joint Powers Act) of a municipality and WHEREAS, this council deems it adopt and enter into the . Dec 1 arat i on Fund for the purpose of the joint with. those of other municipalities accruing to each, and WHEREAS, this council deems it to make use from time to time, in the municipality i d e n t i f i e d in Section 2 Fixed -Rate Investment Program available to be advisable for this municipality to of Trust and become a.Participant of the investment of this municipality's monies so as to enhance the investment earnings be advisable for this municipality to discretion of the officials of the of the following Resolution, of the to Participants of the Fund. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. This municipality shall join with other municipalities (as such term is defined in the Declaration of Trust) in accordance with the Joint Powers Act by becoming a Participant of the Fund and adopting and entering into the Declaration of Trust, which is adopted by reference herein with the same effect as if it had been set out verbatim in t h i s resolution, and a copy of the Declaration of Trust shall be f i 1 ed� in the minutes of the, meeting at which this Resolution was adopted. The Mayor and the City Manager are hereb authorized to take such actions and execute any and all such documents as they may deem necessary and appropriate to effectuate the entry of this municipality into the Declaration of Trust and the adoption thereof by this muni ci pal i ty. Section 2. This municipality is hereby authorized to invest its available monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers and officials of the municipality and their respective successors in office each hereby are designated as "authorized Officials" with full powers and authority to effectuate the investment and withdrawal of monies of this municipality from time to time in accordance with the Declaration of Trust and pursuant to the Fixed -Rate Investment Service available to Participants of the Fund: Daniel F. Faust, Finance Director Carole Anderson, Asst. Finance Director Linda Taylor, Accountant The City Clerk shall advise the Fund of any changes in Authorized Officials g icials in accordance with procedures established by the Fund. Section 3. The Trustees of the Fund are hereby designated as having s official custody of this municipality's monies which are invested in accordance with the Declaration of Trust. Section 4. Authorization is hereby given for members of the Board of Directors of the League of Minnesota Cities to serve as Trustees of the Fund pursuant to the provisions of the Declaration of Trust. Section 5. State banks, national banks, and thrift institutions located either within or without the State of Minnesota which ual i f depositories q y as under Minnesota law and are included on a list approved and maintained for such purpose by the Investment Advisor of the Fund are hereby designated as depositories of this municipality pursuant to Minnesota Statutes Section 118.005 and monies of this municipality may be deposited therein, from time to time in the discretion of the Authorized Officials, pursuant to the Fixed -Rate Investment Service available to Participants of the fund. io' 4M Fund A comprehensive cash management service for Minnesota municipalities E-11 1) �u1 Sponsored by the League of Minnesota Cities • interest earned for the month • interest earned year -to -date • end of the month closing balance • certificates of deposit • interest received from certificates of deposit for the month • interest received from certificates of deposit year -to -date The-41V! Fund Offers a Range of Financial Services In an effort to provide your municipality with a range of financial services, the 4M Fund also makes available, through its administrator or sub- administrator,. the following options: Fixed -Rate Investment Services Like all money market funds, the rates that the 4M Fund pays will vary from day to day. However, as an extra service, the 4M Fund allows participants to locate and lock in some of the most attractive available rates on certificates of deposit. By placing one toll -free telephone call and specifying the amount you wish to place and the desired maturity, you'll receive fast quotes from among the best fixed - interest rates available nationwide. Benefits of the fixed -rate investment service include the following: • depositories must meet the specific criteria of the 4M Fund • attractive rates —your municipality can select from among the most favorable rates available • time and money savings — nationwide quotation systems allow you to "shop the market" e the opportunity to increase the compounded yield on the CDs (with maturities.of 90 days or more) —the fund will automatically reinvest your monthly interest receipts in your account, where they earn additional interest each and every day • safety —all certificates of deposit meet the requirements of Minnesota law; you receive safekeeping receipt for all fixed -rate investments you purchase • convenience —you can automatically transfer monies from your 4M Fund account to purchase CDs. You receive a statement confirming your purchases, maturities, and interest payments. Your monthly 4M Fund statement provides a complete summary of all transactions, enabling you to review at a glance all your short and long -term investments. Also, you'll receive notification as your investments near maturity. Free Cash -Flow Management Consultation When your municipality opens a 4M Fund account you'll be able to call the 4M Fund's toll -free telephone number for daily cash -flow management advice. This advice is made available on an individual basis only to participating municipalities at no additional charge. Both Piper Capital Management, Inc. and Cadre Consulting Services Inc. are available at any time to consult with you on any aspect of your municipality's cash -flow management, including banking, borrowing, or other needs. Cash -Flow Management Seminars These informative sessions are offered periodically at different locations around the state to keep you and your municipality abreast of the latest financial management techniques. In addition the sessions cover, in easy to understand terms, the banking industry, the Federal Reserve System, cash -flow terminologies, and short - term investment vehicles. This extra service is provided by Piper Capital Management Inc. and Cadre Consulting Services Inc. to all Minnesota municipalities. For further information about the 4M Fund and answers to any questions you may have, please call Cadre toll -free at 1 -800- 221 -4524 or Piper Capital Management at 1 -800- 292 -7960. ,' TOLL , FREE � 1.800.333.6000 MPLS., MN 30 60 90 120 150 180 270 365 Days Da.Ys Days D _ ays Davy D — _ays Da„y� D Us CD Yields 7.75 7.75 8.125 - 8.125 8.125 8.25 8.25 8.375 ' Taken from Donoghue's Money Fund Report /7 Day Averages ne -A�. Sept ct Nov MINNESOTA MUNICIPAL MONEY MARKET FUND 6 .88% 6.15% 6.37% 6.73% 6.98% 6.67% Alliance Capital Reserves 5.91 5.86 5.86 6.21 6.42 6.35 Current Interest 5.69 5.61 5.61 5.91 6.31 6.09 Fidelity Daily Income 6.05 5.98 5..95 6.27 6.59 6.29 Mutual of Omaha 5.80 5.80 5.81 6.41 6.41 6.18 Paine Webber MM 6.14 6.02 5.96 6.35 6073 6.40 Piper MM 6.14 6.04 5.96 6.27 6,65 6.36 Putnam Daily Dividend 5.79 5.70 5.64 NQ 6.83 6.65 Shearson Daily Dividend 6.03 5.98 5.98 6.27 6.31 6.34 ' Taken from Donoghue's Money Fund Report /7 Day Averages 3 4M FUND PARTICIPA City of Aitkin City of Maple Plain City of Alexandria City of Marshall Alexandria Board of Public . Works Mid -Minn Dev. Comm. City of Annandale City of Minneota l City of Ashby City of Minnetonka City of Baxter City of the Village of Minnetonka Beach City of Becker City of Montevideo Becker County Housing & Redev. Authority City of . Motley City of Blaine City of Mound City of Brandon City of Mountain Lake Township of Breitung City of North Branch a City of Cannon Falls City of Northfield City of Champlin City of Osakis City of Circle Pines City of Parkers Prairie City of Crosslake City of Pequot Lakes City of Delano City of Pine City City of East Bethel City of Red Wing City of Elk River City of Rush City City of Faribault City of Sauk Centre City of Fergus Falls City of Shakopee City of Frazee City of Sleepy Eye City of Ham Lake City of St Charles Ham Lake Fire Dept. Relief Assoc. City of St. Paul City of Hawley City of Stewartville City of Hoyt Lakes City of Thief River Falls City of Lake Park City of Tonka Bay League of Minnesota Cities City of Two Harbors City of LeSueur City of Waite Park City of :Lexington City of Watertown City of Little Canada City of Waterville City of Little Falb City of West St. Paul City of Madison Lake City of Willmar City of Mahnomen City of Windom City of Mahtomedi City of, Winona City of Mankato City of Woodbury City of Maple Park l City of Wrenshall Agenda Number 4±7� Agenda Report otion. y Count I 1 p' 9 p ndorsed TO: City Manager Medifie x Rejected FROM: Finance Director Date RE: Interfund Transfers for Unassessed Utility Improvements DATE: December 16, 1987 Transfers are made annually from the Water availability Charge Fund, Hydrant Charge Fund, and the Sewer Fund to the Debt Service Funds to amortize the cost of unassessed water and sewer improvements over the terms of the bonds that were issued to finance the improvements. When the tax levy for this year was adopted, reductions were made in the debt service tax levies for the anticipated transfers scheduled for 1987. Therefore, the following transfers are recommended: $ 58 W.A.C. Fund Debt Service Funds 71 Hydrant Fund 1973 Bonds ( #22) 6 Hydrant Fund 1977 Bonds ( #25) 2 Sewer Fund 1979 Bonds ( #27) $ 138 9 160 Total 1979 Bonds ( #27) =, t f TO: FROM: SUBJECT: L APPLICANT /OWNER: DATE I ntoduct i on A c t 1 on 1.-1 „ Oil MEMORANDUM ndoTsed o i� MCA dl f e i r e `A _ 1 Ord �j► �^j "�°"y. City Manager M Thomas Ekstrand--- -Assoc i ate Planner.. Dat Now” Conditional Use Permit. Renewal ( Home Occupation) _ 1918 Kennard Street Jeanne Roberts December 11, 1987 SUMMARY Renewal of a - conditional use permit to operate a reupholstering business as a home occupation. Description of the Home O ccupation 10 Approximately two customers per month visit the premises. 2. All estimates are given at the customer's residence or over the telephone. 30 There is no evidence of the operation of this business from the outside of the dwell -ing. 4. About 689 square feet of the basement or 20 percent of the area of each level of dwelling is used for the home occupation. The applicant primarily does reupholstery work with some limited refinishing work. 59 The applicant is the only employee. Background On November 24, 1986, council granted a conditional use permit for this home occupation, subject to: 1. If the conditions of approval have been complied with and no unresolved nuisance conditions exist at the - end of one year, council may renew the permit. 2* Compliance with Uniform Building Code requirements for one hour of fire separation between the area devoted to the business and the remainder of the dwelling. 3. Metal trash containers with covers shall be used in the operation of the dwelling, 4. Fire extinguishers and smoke detectors shall be mounted in the business area as directed by the fire marshal, 5. A license is obtained in January, 1987, from : the city clerk for operation during 19.87. This license shall not be issued until the property is inspected for compliance with Conditions Two through Four. 6. No customers shall be permitted in the basement work area due to lack of a direct exit to the outside. Discussion All conditions are being met, and there have not been any complaints about this home occupation during the past year of operation. Recommendation Renewal of the reupholstering business home occupation at 1918 Kennard Street for five years, subject to the November 24, 1986 conditions of approval. REFERENCE Description of Property The two -story dwelling has 2,304 square feet of area on the main and second floors and 1,080 square feet of basement area. Surrounding Land Uses North, east and south: single dwellings West: Kennard Street. Across the street is a vacant lot and a single dwelling, Past Actions 3 -6 -80 Council conditionally approved a special exception permit (now called a conditional use permit) for the applicant to operate an upholstery - seamstress business from the previous dwelling on this property for one year, 3- 19 --81: Council granted a three -year time extension for the home occupation, subject to compliance with. the original conditions of approval. On January 1, 1984, the applicant stated that she would not be requesting renewal of the home occupation permit. Planning 1. Land use plan designation: RL, residential low density. 2. Zoning: Rl, single dwelling. I 30 Section 36 -442 (e) provides that all conditional use permits shall be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision or ordinance At the one year review, 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 official 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. . 7 Attachments 1. Location Map 2. Property Line /Zoning Map 3 F F, I R .l� F Mu BC no F' M1 , plp EY R W_� • T- LOCATION MAP 0 4 Attachment 1 Q N a ry oF ST PAUL. �. .. ._.. ... ... .. +.. ., ......- .r.. (w .:. "t .. ..,... -. .,.. t.. ....n a, �.v..:..+:.:.,, r,. .ti5:�.._ . �', z.'.\ 7..: 3:,. i�: a.✓ �. x.' �sFY .�.�_x..Li..- r.. .......,i.4N �:b':%it r:.'s�: Essaw.. «.> c. .'�. ��. ... w.t, , :� �r � �.. ..5: -_.: )r ..x ,.,•.., ..� An t am o Z 9 � ` t { o +o �--� 4 ' .: Q I IS 8 � 9 I to QQ �• I N a � ` 1 34 30 I<)O IM A 1C 3 8469 (.c. le- IT 4b - _tL F Y+ c 818 36� 11 3333 io s..5 out . v .13 of. S v ( , c� (72-) {� do T v' — � ( I �44 ) • � =' (a; OW In ob� N o Oil az*.ot � 2 H 2 9 . �3 b (1 (5� A ft� s o ( Z ,n (5E 41 fla .9p _ o r d I 6 PROPERTY LINE /ZONING MAP 5 Attachment 2 4 N so s o� r v . c M O d N 0 sN O " u ` N 0 �s f"' PROPERTY LINE /ZONING MAP 5 Attachment 2 4 N S a T0: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: E � Act by Council :, Dndorsed MEMORANDUM Tdodo' 0 ed ej ected Clay Manager .. Thomas Ekstrand-- Associate Planner Conditional Use Permit Renewal 940 Frost Avenue Genevieve Freitag St. Paul Tourist Cabins -- Mobile Home Park December 11, 1987 SUMMARY Introduction. The applicant is asking for the renewal of a conditional use permit which was granted to allow the expansion of the mobile home park from 44 to 45 units. Background On October 25, 1982, the city council granted approval of a special use permit for a 45 -unit mobile home park including nine transient tent and recreation vehicle sites and 19 tourist cabins located at E ast Shore Drive and Frost Avenue, subject to: 1. The add -on portion of the southerly mobile home that encroaches upon the East Shore Drive right -of -way shall be removed prior to a building permit being issued for a mobile home on the "closed driveway" site. 2. The mobile home on the "closed driveway" site shall be set back from Frost Avenue at least that of the adjacent mobile homes. 30 The special use permit shall be subject to council review in five years. 4. Existing living trees that provide screening from East Shore Drive and Frost Avenue shall not be removed without permission from the Community Design Review Board, Discussion All previous conditions have been met; there is no reason, therefore, to deny this renewal. Recommendation Renewal of the conditional use permit for the St. Paul Tourist Cabins -- Mobile Home Park for five years. T0: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: E � Act by Council :, Dndorsed MEMORANDUM Tdodo' 0 ed ej ected Clay Manager .. Thomas Ekstrand-- Associate Planner Conditional Use Permit Renewal 940 Frost Avenue Genevieve Freitag St. Paul Tourist Cabins -- Mobile Home Park December 11, 1987 SUMMARY Introduction. The applicant is asking for the renewal of a conditional use permit which was granted to allow the expansion of the mobile home park from 44 to 45 units. Background On October 25, 1982, the city council granted approval of a special use permit for a 45 -unit mobile home park including nine transient tent and recreation vehicle sites and 19 tourist cabins located at E ast Shore Drive and Frost Avenue, subject to: 1. The add -on portion of the southerly mobile home that encroaches upon the East Shore Drive right -of -way shall be removed prior to a building permit being issued for a mobile home on the "closed driveway" site. 2. The mobile home on the "closed driveway" site shall be set back from Frost Avenue at least that of the adjacent mobile homes. 30 The special use permit shall be subject to council review in five years. 4. Existing living trees that provide screening from East Shore Drive and Frost Avenue shall not be removed without permission from the Community Design Review Board, Discussion All previous conditions have been met; there is no reason, therefore, to deny this renewal. Recommendation Renewal of the conditional use permit for the St. Paul Tourist Cabins -- Mobile Home Park for five years. REFERENCE Site Description Size: 6.52 acres Existing Land Use: A mobile home park with 45 permanent mobile home sites, 19 tourist cabins, nine sites for. recreation vehicles or tents, and an office /dwelling. Surrounding Land Uses North: Frost Avenue and Keller Park East: East Shore Drive, single dwellings and undeveloped land planned for lower- density residential use South: Multiple dwellings and East Shore Drive West: Wetland and multiple dwellings Past Actions 10- 25 -82: Council approved the current conditional use permit. 1- 24 -83: Council deleted "mobile home parks" as a conditional use from the conditional use permit provisions in the code. 4- 22 -85: The applicant's property was rezoned from BC, business commercial, and R -1, single - dwelling residential, to R -3, multiple- dwelling residential. DEPARTMENTAL CONSIDERATIONS Planning 1. Land Use Plan Designation: RM-- residential medium density 2. Zoning: R -3, multiple- dwelling residential 3. Section 36 -442 (e) of the city code requires that all conditional use permits shall be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision or ordinance. At the one year review, 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 2 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 official 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. 4. Since the current zoning of this property does not allow the present use, it is considered a legal nonconforming use. . J Attachments 1. Location Map 2. Property Line /Zoning Map 3 Site Plan 3 K n o n w " Lake ...� .'.�.�..' Lake �.. ! 23 _ - Q ..I V / l W W °C J 22 60 / LF L l 1• r V , .. Koper WI 25 . ° Lake COUN ac o 25 o �` A BURKE AV. P jr 1 E AV. 0ELMOIVT 4 P AKILLMAN j V) W C ' )D LA. 0.- r MT, CD RNO z E R W 60 a S 26 +� 8 0 3 +` L ., 5 0 BELL F NF ku �.., , s o * �62 g c 0 = o 27 . o AvE. Rounder }� AVE. LOke r _ 1161 0 v ROOK — F-- m 5 L A VIKI lip SHERREN AVE OPE AVE LARK AVE . LAURIE D� - 2 5 � s :E c L AVE. � ELDRIOG AVE b U) W BE LMON T AVE. N > t t u Is X I CL MIA M m AVE. _ f ►= RY AN ►� z 0 ►: fun) (A LA so bo � at SU M ER A J ac I W ort a li e1 s- LOA � 90P m E ` P R I Fl n. n F; I LOCATION MAP '° 4 * Attachment 1 KOHL AN 11 AVE. h ROAD Q N ` Q ' � t O� A- x. N6 VAR roo nit= coo ..•........:: ....:.:.... 65 X . • •• .::: O • CL �� o+� vl dMI ••••••• •••••••• •••• •J.••r •• •••••• ••►00II • ••••• ••••.•••. ::•••••L• ::••••••••••••••• ••• ••. .. Ul l .... •.::.. 2� x 3 .. ..... ... •... a p FENTON A."r '�'►L :• : ::: • f: J: • :i f :: • i • :: i i•i ::i i :: i : : : :: • ••L: •: i : r•S i ` � • :• : : • • iif ••� • • •« r� ;•� f : • : � • • ... .:• �•; �' 'f;s.; ;, • :::•:•:•' ' : 'r. Y:••� O i _ QTR • t� I �•1 �: V : • . • • • • R ; •• • Q T� :: • . � *"' -' C .1 too - t �.•. •>,..• ._.. �•�•.. ' ••; t r o 4C t so 140 X . M . { 40 •t: - �• �..�.. f �r � '•� f: �• � w` � � t� is � � • fu r bt d GO R o o W A '• •� _ �� 7 , . , .� o . 4r CITY OF S UL f, C3 s , ? cot to - o �o• � ►~T ��` pip � � . � t - 9 y L �t Q PROPERTY LINE /ZONING MAP 5 Attachment 2 4 N • e ..�► oS ea < 0000 \tl ,,_- • � � / � y •,1 � �'(� 31 5 001 � 3 Ir ipo 0000000 SO g1 - 4 5 cl Tourist Cabins i ln - j Mobile Homes SITE PLAN Attachment 3 Q N r i � TO: FROM SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: Act by Council : MEMORANDUM Endorsed Modified, Re j e cte City Manager Date Thomas Ekstrand -- Associate Planner Conditional Use Permit Renewal Woodlynn Avenue and Ariel Street - Bossardt Christe Corporation Robert Hajicek and Les Hause Salvation Army Church and Adult Day Care December 11, 1987 SUMMARY Introduction The applicant is requesting renewal of the conditional use permit for the Salvation Army Church and adult day care facility. Background On December 22, 1986, the city council approved the conditional use permit, subject to: 116 Adherence to the site plan, dated October 28, 1986, unless a change is approved by the city's community design review board. 2. Installation of an adequate landscaping screen along the east and south sides of the parking lot to satisfy the screening criteria required by code. Council also amended the land use plan to C, church. Discussion A site plan revision may be. forthcoming due to the proposed Cottages of Maplewood, a 60 -unit seniors housing _project proposed to the east. The Cottages' site plan has included the easterly 20 feet of the Salvation Army Church site. A condition of that development would be for review and approval of a revised Salvation Army Church site plan by the design review board, unless the Cottages' plan is revised to fit the i t s i t e , Refer to the site to plans on pages 5 and 6. As long as the CUP approval requires design review board approval of any.site plan changes, this renewal should be granted. 40 Recommendation Renewal of the conditional use permit for one year for the Salvation Army Church and adult day care facility at the southeast corner of Ariel Street and Woodlynn Avenue, subject to the. December 22, 1986 conditions of approval. REFERENCE Site Description 1 Acreage: 3.36 2. Existing land use: undeveloped Surrounding Land Uses North: Woodlynn Avenue. North of Woodlynn Avenue is undeveloped property planned for SC, service commercial and RM, medium density residential and zoned F, farm residential. South: The proposed smaller lot Lynnwood Terrace single dwelling development East The proposed Cottages of Maplewood Seniors housing complex West. Ariel Street. West of Ariel Street is the Plaza 3000 shopping center. Planning Considerations 10 Land Use Plan Designation: C, church 2. Zoning: F, farm residential 30 . Section 36 -437 of the city code states that churches may be built in an F district if issued a conditional use permit by the city council. 4. Section 36 -442 (e) requires that all conditional use permits shall be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision or ordinance. At the one year review, 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 official 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. j 1 Attachments 10 Location Map 2. Property Line /Zoning Map 39 Salvation Army Church Site Plan 4. Cottages of Maplewood Site Plan 2 RIN, sc 8c; (B C) I n3) 9C .8 R2 _ GALL a•L i 1 8C C •' R2 . R F • q 2 R R LYD 1 - :F L9C R Q �. Avg t M I R 0 R 8C A • . zj kwILMAI ' R 2 &.A.QSZZ ! Le CJ 8 C(M) A R3 PUD -- _. F LBC R2 R 3C R2 R PUC R Lr. _ R 1 • !0 R 4 0•o R 2 2 _ P U D � _.. - MT I • _ - R ' f . � t • F q C R 2 R F R L R ' t.BC 9C _F J I R c L8C� 4 E • � . E n � _.� , ,• F R R LBC MI M 1 :• r ------ R M I - - -�--� R vr MI C* Rs 2 ~R-3C ' 11 - • "._ • i R 2: R r , '� 1 too R : ..._._./ 441 • s C ') R ' R 0 LAND USE PLAN 3 Attachment 1 ZG3 634' 263.63' 2G3.G3' i 3 , " 02 ( IDS A 3.81 ac r /. �5 a!•c. a b 13.3 0 e Al o 7 3 cw t 0 2 0 0 4 - oa cV r0 � (10) 00 r • i'R r Cp nl � QO — t0 N 0 4 III r w � t WOODLY (7) 0 FIT 4 41' .;;::.::•:: ::::: 4 (' • '�4:M: <y at o . � . Proposed Salvation 14. 41' '' �z .y P Proposed Cotta es of Ma lewood 9$ g p ... ::•: :Army Church ..:.:.:.:•::::.::.: 4 �,$ Plaza 3000 .......:::.:::'::�:: 9 4 _ Q :;:� fir: ':• �i :� f : :: : :• �� f.; ��.�.;� • :;:ti;• : :, %;: ' •• s : i i . • •' '•'••• '••• •' ✓�. •:: f•;:� : r.• ;�f. �: � .:• Vii i • '• ( 3) 39• s 007 0 6 329.31 M • t os 6 •• v as Lynnwood Terrace smaller - 1 N 2 w" „ '��``• 4 lot sin le dwell �� • �'` 9 25� — m o 33 ZFT TA ON IF WIVIM1 44P 2 6r-s o 1 '931561- 62 -( • :.1VC 1 ?O 15of O — -- -- �� lE N a UPI _ r� _ W = 0 2 39. 66• De •.61 1 4.75 135 6 t35 13S GQ 135' 135" GO 135 iO3.6o• IOS' 'a� '� :r 29971[ 2998 2995 03 X2906 �' 5. 4.13bt . - v a }. o 4 1 2 u 30 3 H 5) O M� 13 135 1 �73) (74� o w ° P 7 a- �24� t o) � v a L 10 .�S' 2 0 9 (�4)� (�� ( Z) •� 197.»• o! - r s ~ ► 0° dD! 2 2 3 (75) Z 1 13 m PROPERTY LINE /ZONING MAP a Attachment 2 4 N WOODLYNN AVE. W PMKING SETBACK 3a'-0" SEM i 1 1 -- i i --- *ADD 16 -- i 1 PARKING SPACES 1 ruaar+0 ornWecs :. :::: • • = :: 0. PAR 'r' : • •.:::•.:: i V 1 .;. V) 1 x : Q -- --.-� --� •. --r-i goo Ift ! •' I I i � I • �. 4W 40 do 6� IM �dMONOW.M 4 -EXCESS PROPERTY AVAILABLE FOR SALE ZO' PARKING SMACX *NOTE: Parking exceeded code requirements. Code can be met by adding 16 spacer as shown. 20 feet to be added to the Cottages of maplewood site. SITE PLAN SALVATION ARMY CHURCH 5 Attachment 3 I 4 N 1 1 • •' ` �.+ • 4IIIIIIIN, • Am 'r'. • • fo- go r:3 • f • • �; b • to Alp 910 • ., • • rl r • •• _ • � �• r / � + � •- •• ` !• ill•• , 0 AP 40 6 I fir_ � •• ,�• � ) V • r , . • No AV 40P It ob • � � `try • • !. l • 1 • I • ,r • • • , • • a , I • •� • •� • I / . • • • AV do 1 •• I • I • .. t I • I , •• T • • � - 1 ..ice ��.w• • • qb qb • dP W 4W r • .. �"• +••.. i • .•rte �� • • / ..�.�.•.. •j am 4W..�..�...�� Raw- 20 feet of property which is part of the Salvation Army site. SITE PLAN Cottages of Maplewood 6 Attachment 4 4 N Action b Counci Endorsed.,,,,. Modif 11 ed--1--*!'ftftft*-.--"""*" ReJecte Date MEMORANDUM TO.: Cit Manager FROM: Thomas Ek strand , Associate Planner SUBJECT: Conditional Use Permit Renewal LOCATION: 1768 Mc glen em Street APPLICANT/OWNER: Hmong Christian and Missionar Aliance Church DATE: December 9, 1987 Introduction Re of a conditional use permit to build a Hmong Christian. and Missionar Alliance Church. (Refer to the enclosed maps and letter on page 6.) Back On November 24, 1986, the cit council granted a conditional use permit for the Hmong church. Approval was subject to in Adherence to the site plan,. dated August 26, 1986, unless a change is approved b the cit communit design review board. 2, Cit engineer approval of a final grading and drainage plan. 3a Pr ade screening of the parking areas from contigious residential properties in either the form of berming or planting that would be y ear -round screening, Council also amended the Land Use Plan to a church designation. Discussion The onl change in the neighborhood that has occurred, since the conditional use permit approval, is the approval of the Mark fort Addition preliminar plat. (See page 7 Recommendation Renewal of the conditional use permit for the Hmong Christian and Missionar Al I iance church for one y ear. subject to the original conditions of approval * BACKGROUND Site Descript--i-on in Site size: 4.3 acres 2. Existing land use: a single dwelling and tw accessor buildings fronting on McMenem *Street ,, Surroundin Land Uses Northerl single dwellings fronting on McMenem Street on large tracts and zon F, farm residential and planned RL, low densit residential, . Southerl single dwellings fronting on McMenem Street on large tracts and zoned F and p*lanned RL. Easterl single dwelling. Westerl Minnesota Department of Transportation storage -facilit and garages for highwa maintenance. Plannin 1. Land Use Plan designation: C. church 2. Zoning : F 3. Section 36-437 of the cit code states that churches ma be bull ' t in an F district if issued a conditional use permit b the cit council. 4. Section 36-442 (e) provide 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 the one- review, the council ma specif an indefinite term or specific term, not to exceed five (5) y ears, for subse reviews. The council wa 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 the cit from enacting or amending official controls to change the status of conditional uses. An conditional use that meets the agreed- upon.conditions and is later disallowed because of the cit enacting or amending official controls shall be considered a legal nonconforming use, rib Attachments: 1. Location Map 2w Propert Line/Zoning Map 3. Site ,Plan 4. Letter dat October 19, 1987 5w Mark fort Addition Preliminar Plat 41 • I • O Cl an . R F Q R • . 1 arY OF UME CANAOa R r • , Be ' ' •� RE vF M c V IR F Nc r. • W ( S V .t c� • (PUD) �. F �•� SC'f A t . F W r R av t R � t ec :MUM Av g FEW pr • r 2 F r` •/ •/ f 10. 4N • IF • As . all F All I R R F • e • ' ' • • • ' • ' . CI rr of • • sr Pave LOCATION MAP' 3 Attachment One • • L u! r tt M- i. A, o CD a inn =LAI "Op (Agr) 6 i ARM" M � L o w , 1780 s �„� .>n.. C � s r 1 n 6 � • • ' .' �..t- 1774 —0 w •� C3. � e► � _ (L) XW_ L� L. �s ae N ... :�::•::: .�. ... ... . ......... }' �� '' 'Pro osed Ninon Church Si �,� – p g �S,3z1 :::: ... 1801 - � - i - 1 1 68 � 3 �.. 7, W 7 ' 4 ' [� 1766 V — Zt 7 (eV,� ML — — NOW 0 ra'a see se& Xf 0 A w ' L.i4y,� •or Z. OWs 4 f • oo alp o _ td ".014s, IS 1 1 1 Oft. 1750 Or� I w -- t lS M t• M jp 7D I D fo Is erm W a It Ill. • 174 T�. i.�! — s 15 tC a ee • it ko slag Cl L*Csqb-ll� •- s . �.t A r �� o •� ` ♦ 11+��11t a t.i.ty, �..► . _Ilmn 22 1 t to 3 . It &C. _ _ �"' ,� • ILO: M 01 3 t () cc i i3 ti Y 4-610 AL 4 10 (n) K ING S TON) : • + e ; o♦ 1 Sec. i ��sl ��,� AVE. Its • ,2 6 ec J� si ' ' — • �' ' a Ty'ii s - s In t1� ' �'�' °� 3 � ,. cL� T �'� F.. �y � L4� t..c;' »o 1 . z _ -- -- �-- — one 41010 v `u _' Ott Cam) *L u) 1 Li ple 604) 3 ......_.. W .... _ ..} _ �. o @I dw all 1:3 W ISM so . ............. LA R 10 EN UFtAnA... 644 ..now a MW • A s 1 !— ---� 1 - - ---� 1 ---- -� • ro ` �,r PROPERTY LINE /ZONING MAP 0, 4 Attachment Two NI DE80TO STREET . � t � 1 • • 1 1 • 1 ' f f 1 • 1 1 1 1 1 • • 1 1 1 f 1 1 • f I � 1 1 / j ! 1 1 • 1 1 1 • 1 1 ` • f 1 `` 1 f • 1 t 1 1 i 1 1 � 1 � 1 ' 1 1 1 1 1 • 1 � 1 • 1 1 f • 1 • • 1 / f 1 1 f 1 i 1 1 • 1 1 1 � 1 • • � 1 1 1 1 1 1 1 1 1 ! 1 � qw rz CD • 1 t 1 • 1 . r •, f - .�� I i 1 1 i 1 � ,.. : :.+.. 1 1• 1 1 1 / 1 / 1 1 1 1 1 1 f 1 1 • f , 1 1 � ' 1 • 1 1 � A33ale Aw3N3kVn M Z A 2 Z • 3 AUG 2 6 1966 5. Attachment 3 -_. 10.2L LARRY K. HOUK, P.A. THOMAS G. PAREIGAT October 19, 1987 ROSERIDGE ATTORNEYS ROSERIDGE OFFICE BUILDING 1611 WEST COUNTY ROAD B • SUITE 218 ROSEVI MINNESOTA 55113 -4053 (612) 631 -3722 OF COUNSEL DAVID J. THOELKE TED C. WILLIAMS Mr. r-Choms Ekstrand Associate Planner City of Maplewood Office of CAmnunity Development 1$30 East County Rd. B Maplewood, M 55109 RE: Hmong Church Conditional Use Permit Dear Mr. Ekstrand: Per our telephone conversation, I hereby request that you take the necessary steps to schedule a Conditional Use Permit review with the Maplewood City Council. I will be attending the review on behalf of the church and will be prepared to present to the Council a current update of the church plans. Please contact me as soon as you have scheduled the review hearing. Very truly yours, ROSERIDGE ATTORNEYS of Thomas G. Pareigat TGP /krc cc: Hmong Christian and Missionary Alliance Church 6 Attachment 4 1 r ��..•�•• »...= PHASE II ew- PHASE I w► A1! rr -lf - • •KIN tt.R. 11 t/f • 1 11. 1 ;f. - t/1 • f tR/ /a/ ►/ fM V- GARAGE THAT MUST 1 786 12 I t 10 9 B BE RELOCATED T 6 5 4 3 2 t --- -- ---- I��NM ARf�tas /tsllau/ A>j�!!f�/ ARM of t ,� �t.Vrt A1MArAlA! A1,NtA1R AR / /r� il��ai wt7i�at �'lfRrR r .w.r F k w 1 Us W 1_ � I lr• ff•IIAr La/.npR 1tJrMR/ - : -" � �� ."� � F� �•� � -• .o rM.....r oft ...K a W rr .. ..- '• . r 1 I ��•r .._ AV Z. `�, LE .�. RLPLEY AV ENUE V ENO ---- �--��-- 3 . RiP 1 _ � _ 1 O R too 1100 -to doom. "= / f " ' + ,• ai u A 1 77T ARl1fM M•Vw*A ARsmour AM,t3lar M, a So ` AOLZ3IAv. Kti11t AIR, 830 A AltlWAO ARi3/at A* ISO v � •wr 1 10 9 Ru r.A 2 II 8 7 6 5 4 2 3 2 ,. t - -�— t amw •• r fa• w I AW 1.0 n •r fi N I Ail I or PROPOSED PARKINO AREA I ROPOSEOI I I .PROPOSED HMONG CHURCH SITE MARKFORT ADDITION PRELININARY PLAT 7 Attac 5 4 N LAW OFFICES BRIGGS A N ID M O R G A N { PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE (612) 201 -1215 TELECOPIER (612) 222 -4071 INCLUDING THE FORMER FIRM OF LEVITT, PALMER, BOWEN, BOTMAN & SHARE December 21, 1987 Mr. Geoff Olson Planning Director City Hall 1830 E. County Road B Maplewood, MN 55109 Re: City of Maplewood, Minnesota Sale.of Silver Ridge Apartments Dear Geoff Action b Counci Rejecte Dat I have reviewed the documents that you forwarded to me concerning the sale of the Silver Ridge Apartments by Tri -State Maple Ridge Limited Partnership ( "Tri- State ") to Angeles Investment Properties, Inc. ( "Angeles "). Tri -State is requesting that you approve the sale and execute an estoppel and consent letter prepared by Tri - State. I recommend that the City approve the sale of the project to Angeles subject to (i) the receipt of an opinion of Dorsey & Whitney that the sale will not adversely affect the exclusion from federal income taxation of the interest on the housing revenue bonds issued for the project, (ii) the acknowledgement by Tri -State that the assumption by Angeles of the bonds will not relieve Tri - State from paying the yearly city administrative fee required by the Regulatory Agreement if Angeles fails to pay this administrative fee, and (iii) the form of estoppel and consent letter submitted by Tri -State be revised to delete paragraphs 4 - 10 and be executed by the City in the form attached hereto. Please call should you have any questions or comments. Very truly yours, -9 L t - Mary Ippel MLI:jms:048 En c 1 o s u zibo FIRST NATIONAL BANK BUILDING 2400 IDS CENTER SAINT PAUL, MINNESOTA 55101 MINNEAPOLIS, MINNESOTA 55402 (912) 261 -1215 (612) 339 -0991 V December 1987 Angeles Investment Properties, -Inc. 10301 West Pico Boulevard Los Angeles, California 90064 Tri -State Maple Ridge Limited Partnership 332 West Superior Street Duluth, Minnesota 55802 Re: Sale of Silver Ridge Apartments Gentlemen: The City of Maplewood, Minnesota ( "City ") does hereby acknowledge, consent and agree as follows: 1. The City hereby acknowledges that it has been advised that Tri -State Maple Ridge Limited Partnership ( "Seller ") has entered into an agreement with Angeles Investment Properties, Inc. ( "Buyer ") for the sale of the Silver Ridge Apartments Project in Maplewood, Minnesota ( "Property ") from Seller to Buyer or its assignee and does hereby consent to such transfer. 2. The City hereby acknowledges that it has been advised that as part of the purchase price, Buyer will assume and agree to pay, according to the terms thereof, the obligations of Seller under all of the documents evidencing and giving rise to the City of Maplewood, Minnesota, $4,800,000.00 Multi- Family Housing Revenue Bonds, Series 1985 ( "Bonds') and the loan of the proceeds thereof to Seller ( "Loan") (collectively, the "Financing Documents "), and the City does hereby consent to such assumption. 30 The City hereby acknowledges that the assumption by Buyer of the Financing Documents will result in Seller having no further liability or responsibility under the Financing Documents and accordingly, that the City shall not declare a default as a result of bankruptcy, insolvency of any other conduct of or act by Seller; provided that Seller shall not be relieved of the obligation to pay the City's yearly administrative fee required by the Regulatory Agreement if Buyer fails to make timely payments of'such administrative fee. Very truly yours, THE CITY OF MAPLEWOOD By - Its Dated: GENE W. HALVERSON WILLIAM D. WATTERS DON L. BYE ANTHONY S. DOWNS STEVEN C. OVEROM STEVEN L. REYELTS CHARLES B. BATEMAN STEVEN W. SCHNEIDER MICHAEL S. HUSBY NIKKI M. NEWMAN JOAN M. CHRISTENSEN ERIC D. HYLDEN ROBERT C. MAKI Counsel HALVERSON WATTERS BYE DOWNS & MAKI, LTD. ATTORNEYS AND COUNSELLORS 700 PROVIDENCE BUILDING DULUTH, MINNESOTA 55802 December 9, 1987 VIA FEDERAL EXPRESS City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Attn : City Manager Re: Consent to the Sale of Silver Ridge Apartments by Tri- State Maple Ridge Limited Partnership to Angeles Investment Properties, Inc Dear Sir: Enclosed please find the following: Telephone (218) 727 -6833 1. Copy of the Purchase Agreement between Tri -State Maple Ridge Limited Partnership and Angeles Investment Properties, Inc. with respect to the Silver Ridge Apartments . 2 . Copy of a letter f rom First Financial Savings Associa- tion approving the sale of Silver Ridge Apartments and the assump- tion.by Angeles of the debt. 3. A form of an estoppel and consent letter that Tri -State Maple Ridge Limited Partnership would like you, as Issuer, to execute and deliver to it in connection with this sale, We are in the process of obtaining an opinion of bond counsel to the effect that the sale will not adversely affect the exclu- sion from federal income taxation of the interest on the bonds, In making its determination to approve the transfer and assump- tion, First Financial Savings Association necessarily concluded that .Angeles was a credit - worthy purchaser and experienced in the property management business. As a result, we believe that you will also consent and approve to this transfer. City of Maplewood - December 9, 1987 Page 2 We would, however, invite you to discuss this request directly with First Financial and Angeles. The contact person at First Financial is: Richard A. Leichtf uss Assistant Vice President Commercial Real Estate Loans First Financial Savings Association 700 North Water Street, Suite 540 Milwaukee, Wisconsin 53202 (414) - 278 -1964 The.contact person at Angeles is: Jonathan Veniar 10 301 West Pico Boulevard Los, Angeles, California 90064 (213)- 277 -4900 and (800) -421 -4374 Since the Purchase Agreement requires Tri -State Maple Ridge Limited Partnership to obtain your consent as soon as possible, and in any event not later than December 21, 1987, it would be much appreciated if you could consider this matter at your ear- liest convenience. Thank you. Very truly yours, Nikki M. Newman NMN kl Enclosures cc: Mark P. Melhus AGREEMENT OF PURCHASE AND SALE OF PROPERTY This Agreement of Purchase and Sale of Property is entered into as of :,�, f f .• 198 7 , with reference to the following basic facts: A. Seller ( "Seller "): Tri -State 11iaple Ridge Limited Partnership, a Minnesota limited partnership; Be Buyer ("Buyer Angeles Investment Properties, Inc.; y a California corpora tion (or its assignee as herein provided). C. Property to be purchased (collectively referred to herein as the "Property "): C P y p "Real Property") The fee si interest in that certain real property (the W P commonly known as Silver Ridge Apartments, 2330 Stillwater Avenue, Maplewood, y y� Ramsey Count Minnesota (the legal description of which is set forth as Exhibit 1 hereto) (ix) all existing and partially completed improvements to the Real ' Property, (fli) all leases , loan commitments, warranties, bonds, and other contract rights, except to the extent, if any, that Buyer has elected not to acquire such g ' ace p with respect to leases of s contract rights (which election may not be made p p w her ein% is the lessor), licenses, rights to use trade names, trade marks, logos, designs, ies, and art work, and all similar items owned by Seller • and g ' � s ' � a p • Property, .all customer l�Zs used or designed for use in connection with the Real Prope y, t all impound and/or escrow account balances, all telephone numbers, all replace - ment reserves held by or on behalf of any lender with respect to the Real Property, and all g other intangible personal property -relating to the Real Property (the "Contract Ri hts ") but only to the extent documentation thereof is delivered to g ' d recreational e and Buyer pursuant to Section 5.1, (iv) all office an furnishing all laundry equipment, en t, and vending machines, all locks located on the g ' y a 9 nt and supplies, all Real Property and all keys thereto, all maintenance equipment t pp , tools and inventor all vehicles, all color separations, printers plates, and t � y ' d other marketin g equivalent printing devices, advertising layouts and brochures an q materials all site cans, surveys, geological and soils studies and reports, market p studies and surveys and reports, architectural renderings and models, plans and specifications, e ngineering laps and studies, floor plans,, landscaping plans and g g p other similar p lans and diagrams, all telephone equipment, all television antennae • and cable systems, and all other tangible personal property located at or relating to y the P Real Property or its' development, rehabilitation, or operation (the "Tangible Personalty'), but only to the extent documentation is delivere d to Buyer y p ursuant to Section 5.1 (v) all shrubs, trees, plants, signs, sign pylons, awnings and other fixtures g thereon or relating thereto and owned by Seller, (vi) all oil, gas, water and mineral rights and shares of stock pertaining to water or water rights, whether or Want thereto owned b Seller or any affiliate of Seller's, ownership of not appurtenant � which affects the Real Property, (vii) all easements, rights of way, an d other rights thereto and (viii) all other rights, privileges and appurtenances owned appurtenant g y wa by Seller and in an related to the foregoing. The Real Property shall also be y n deemed to include all interest, if any, of Seller in (x) strips or gores, if any, between the property described in Exhibit 1 hereto and abutting land, and (y) land p y -1- Purchase Ag (33)1l/05187/PHA:smp/l00l.007L w ing in or under the bed of any street, alley, road or right -of- s ecificall ' w o ened or proposed, abutting or adjacent to or with the p S - ay, p p Q described property. THE AGREEMENT Sel a grees to bar ''ain, sell, grant, convey and 1. dale of the Proper a I1 agr � deliver • , and Buyer a to p urchase and accept the Property for the price and on a g r ees p the terms and conditions set forth herein. " shall mean the date on which the "Deposit Holder" Z C �C�iing, w n e r o f the Real. hereinafter defined) is p repared to 'insure Buyer as the o • (as • accordance with the requirements of Section 4.3. Closing shall occur Proper to accords c q, h s pecify if after at least December 15 1987, or such earlier date as Buyers all p y on . Decem conditions p recedent to Closing, as five days' prior notice to Seller, so long as all condi p , , y � p r w slued b such date; if all such con set forth herein, have been satisfied o y been satisfied or waived on or before such date, then, either precedent have not , may unilaterauy cancel this purchase and sale, at any time Buyer or Seller Y to the other, except that, thereafter prior to such satisfaction or waiver, by notice • • P - benefit of the arty not giving said notice, if the unsatisfied condition(s) is for the p • . t r within ten days af ter its bung served with said such party shall have a g � .. ed to effect Closing notice to waive such unsatisfied condition(s) and proce c n days after the effective date of said notice, if Closing has not immediately; eleve Y been agreed to by the party not giving said notice, as P rovided above then all funds • immediately interest earned thereon, shall be returned �mme deposited by Buyer, and all in om " H (hereinafter defined). Notwi thstanding the foregoing, to Buyer by deposit of 1..1 if caysin or any other pro vision 4 hereof except as set forth in Sections 3.4 and , g • satisfied condition precedent was the obligation of either the satisfaction of an unsatisfied _hereunder, the other or if either arty is in breach of any other obligation party hereto, p eq uity r of either her art may pursue i ts rem edies at law or in eq Y g P Y rn of deposited Y in th connection, the retu (i) cancellation of this transaction Card, • not in an way impair the rights of either party), or funds and/or documents shall Y y andin ondition recedent, or proceeding to Closing notwithst g ( U) waiver of such e p recedent, 'n been deemed. such circumstance (any such waiver or proceeding to Clos g to have • , , been solely for the purpose of facilitating Closing and thereby mitigating the damages resulting from such breach of contract)* g g 3. Purchase Price W d Other C nzidetatloae �` -•_ The full' urchase price for. the Property is 3.1 Purchase P�Ce P r as " Purchase Price"); the Purchase Price shall be payable by Buye S6,800,OQ4 (the Purc • � to Seller's obis abort to ws the deliver of which is a condi concurrent g folio Y convey the Property to Buyer: de osited in cash with Title s ( i) _ � 5, 000, to be Services . •• five days after the full execution and delivery of Inc. (""Deposit Holder") within y this Agreement; At Closing, such sum as is necessary to make Buyer's 610 A g' $11t255 000, w' h Deposit Holder, toward the Purchase Pr total cash deposit �t p including to Buyer's c redit all interest earned on the sums deposited pursuant to subsection 0) ) above, at Closing, • osin , Y Bu er sha it instruct Deposit Holder to de liver such A :kel 1001.00: L -21W Purchase Ag NOV 06 'v' 1 RESCH POLSTER ALPERT F10 su to Seller when n the title insurer selected by Buyer is able to issue the title insurance required pursuant to Section 4.3; � {1 ••' $4 ? � ?0 000 by Buyer's taking title to the Property 11 r t,hC �1 a • (a) existing loan {the "First Note which loan was funded g subject to an g e "Financing") ") and is secured 1 laced industrial revenue g priva bond offering (th p Encu mbrance" ) encumbering* the Real Property and by a first ,mortgage (the First Encu .. the executed in connection with the t'inancing (coUective M all other documents to a second mortgage "Financing ocuments "), including, but not limited , g which secures the guaranty encumbering the Real Property y of the Financing by the • • sin ("FFS"), and a • lender First Financial Savings of H� iscon Credit enhancem � of $'?5� 000 which represents third mortgage securing an obligation in the amou g enhancement fees payable to FFS over a ten -year the aggregate amount of credit period; and OV) b B er's taking title to the Property ;? ?5,000 y Buy m ortg ag e in loan (the "Fourth Note") secured by a subordinated m e g g sub ject to an existing (the "Fourth Encumbrance'% Deposits* Buyer and Seller agree 3.2 Investment of Depo that all sums deposited Y • • of deposit, shall be invested in Treasury certificates p by Buyer pursuant heret Bills, cert •er, or bank r money market iris tru m en is approved by B, P short- ter rn Y discretion o f Deposit Holder, in such manner as to make • all contracts, at the sole dlscre p date for Closin the interest earned thereon) available on , the 8 such sums (a nd o so invest such sums, and d Seller hereby 'instruct Deposit Holder (1) t • Buyer an y excess of those needed to satisfy (ii} to return to Buyer, upon Closing, all .sums m lions hereunder to Seller and for Buyers costs hereunder. Buyer's o b liga tions er's option, funds to be delivered in cash 3.3 Form of Funds. At Y p f funds wire•- e in the form of cash, cashiers check, or fede hereunder shall b transferred. If Buyer chooses to deliver funds by wire transfer, Seller agrees to • ate wiring instructions for a trust account of Deposit timely notify Buyer of adegv g Holder's such that the funds w iU be sent to a commercial bank located in the w is either a m ember of the Federal Reserve System United States o f A W hi r or a correspondent of Bank of America N.T. & S.A. ' s. At Buyer's Seller r to rovide an "insured closing letter" prior to Closing. shalt cause the title insure p - - ' D sited Funds. if Closing fails to occur solely because 3.4 Forfeiture of D under, then all to p erform one or more of its obligations here , o f Buyer's fa p s m sums theretofore deposited by Buyer, and all in terest earned thereon, shall be • fort delivered, to Seller,. as Seller's sole remedy; however, i forfeited, and fort asons then all such sums and Closing fails to occur for any other reason or re any • g B u y er upon Buyer's u Interest shall be returned to uy nilateral request therefor at Q y time after the scheduled date for Closing, or on such sooner date as this transaction is canceled by Buyer and Seller. ' 1001,007L - Purchase Ag (34)1110618?IPHA:ke� 4. Title. 4.1 Title Commitment. M (A) Buyer shall obtain, at Seller's expense, as soon as reasonably p ossible after the full execution of this agreement, a commitment a PP licable to the Real Property and the fixtures and improvements thereon, of a title insurance company selected by Buyer to issue an ALTA Form B Owner's policy of title insurance to Buyer (the "Title Commitment "), in the amount of the together with copies of all documents evidencing the items Purchase Price, g P indicated as specific exceptions to the Title Commitment, and (B) Seller shall obtain, at Seller's expense, within fifteen days after the full execution hereof, and furnish to Buyer, evidence reasonably satisfactory to Buyer that the Property is fu Y � subject to no security interest other than in favor of holders of promissory notes disclosed to Buyer, as security solely therefor (the "UCC Search The Title Commitment shall provide that the title insurance policy to be issued pursuant thereto shall insu re a (i) items which would be disclosed by physical g ainst inspection and survey, and (ii) mechanics' or materialmen's liens or other statutory liens for labor or materials furnished prior to Closing, and shall provide an endorse- ment for zoning classification. (ii) Seller shall, as soon as possible and not later than Y Y thirty days prior to Closing, at Seller's expense, cause to be prepared and furnished to Buyer and the title company, a current survey of the Real Property, as improved, prepared by a registered public surveyor acceptable to Buyer and to the title company (the p "Survey"). The Survey shall be dated after the date hereof shall include a lecral description of the Real Property (which shall be deemed incor- P orated into g 0 this Agreement and shall be used in the owner's title policy and the deed to Buyer), shall accurately show all improvements, encroachments, uses (including g Y the location of all hi hwa s, streets, roads, easements, alleys and rights - P of-way upon or adjacent to the Real Property), and encumbrances which are visible on the ground or listed on the Title Commitment (identifying each by volume and page reference, if applicable), shall recite the exact area of the Real Property, shall show all building set -back lines, shall contain a certificate specifically addressed to both Buyer and the title company ver that: (A) the attached print of the survey prepared by me was actually made g upon the round; (B) the survey and the information, courses and distances P shown thereon are correct; (C) the survey correctly shows a fixed and deter - minable position and location of the land described thereon (including the position of the point of beginning if the land is described by metes and bounds); (D) the print of the survey reflects boundary lines of the described Property which close by engineering calculation; (E) the size, location and P Y type of buildings and improvements are correct as shown and all are within the boundary lines of the Property, (F) all driveway � g - s or other cuts in the curb along n street upon which the land abuts are correct as shown; (G) there g Y are no violations of zoning ordinances, restrictions or o ther rules and ula- re g tions with reference to the location of said buildings and improvements; (H) there are no easements, encroachments, right -of -way or uses affecting the Property appearing from a careful physical inspection of the same, other than those shown and depicted on the survey and all recorded easements have (32)l 1/05/8"1 /PHA:ke/100 1.00 "AL -4- ' Purchase .fig be en correctl y platted thereon together with applicable recording data for the same; (1) there are no building restrictions or setback lines, party walls, c oacuments overhangs of any improvements upon any easements, rights. of-way or adjacent land upon the p y, except en r t ' Pro art t as shown, depicted and p specifically in enumerated and identified on the survey; (J) the Property is not located a 100 -year flood plain according o the Federal Emergency g M anagement Agency Via No. dated , and (K) the an age m e g y P, Property has access to and from a public roadway. This survey is ma de in accordance with the "minimum standard, detail require m e nts for land title surveys" jointly established and adopted by ALT. and A.CSM in 19620 with a Seller shall provide the surveyor copy of this Section 4.1(ii) when the Survey is ordered. 4.2 Transfer and Condition of Title. At Closing, Seller shall convey good and m arketable and insurable fee simple title to the Real Property and the fixtures and improvements thereon to Buyer, by limited warranty deed in the form of Exhibit 2 , ) Y hereto subject only to items indicated in the Title Commitment and the Survey which have been approved by Buyer, shall convey the Tangible Personalty y Y onalt b warrant bill of sale in the form of Exhibit 3 hereto, and shall convey the Co g Y Contract Rights b (1) warranty assignment in the form of Exhibit 4 hereto, and (2) Tease assignment in the form of Exhibit 5 hereto. 4.3 Evidence of Title. Seller shall, at Seller's expense at Closing, ' provide Buye r with evidence of Buyer's title to the Real Property and the fixtures • form of g p oli c y of and improvements thereon as required under Section 4.2 in the form .. p y p he Title Commitment with liability in the title insur issued pursuant tot amount of the Purchase Price. Notwithstanding the foregoing, Seller shall be v satisfied its obligation described in the immediately preceding deemed to have o provided, t Closing, the Deposit Holder delivers to Buyer the Deposit sentence , g 's written assurance that the Deposit Holder, on behalf of its underwriter, Holder ed hereunder at such time as shall insure Buyer' title to the Real Property as requir • Deposit H comply Holder is able to com l with all of the instructions of a closing letter executed and delivered to Deposit Holder by Seller and Buyer, an d that the actual policy of title insurance shall be issued shortly after the recordation of the limited required of Seller pursuant to this Agreement. Additionally Seller warranty deed r e P , q agrees to obtain at Buyer's expense, endorsements to said policy to assure access, • • t or restrictions such additional endorsements no violation of conditions, covenan s to after to said policy as Buyer determines to be reasonably necessary or appropria • p d or the Surve but only to the extent such inspection of the Title Commitment an / Y� are reasonab obtainable and the request therefor does not delay endorsemen y Closing. so Delivery of Documents. 5.1 Fifteen Da After Date Hereof. Within fifteen days after the f u ll execution of this Agreement {and, if at any time thereafter Seller receives or discovers any additional item which would have been required to be delivered if received or discovered earlier, then within five days after such receipt or L -5- Purchase .fig (33)ll/05187IPHA:SmP discovery), Seller shall deliver to Buyer for Buyer's approval as to fors'" and content, originals or legible copies of the following: M All notes, mortgages, deeds of trust, security agree- ments commitments for financing, and. related documents affecting any part of the Property, now existing or which will exist upon Closin , including, without limitation, (a) the First Note, the First Encumbrance and all of the other . FInaneing Documents; (b) the Fourth Note and the Fourth Encumbrance; and, if reasonably available to Seller (c) the lender's title insurance . policy Cif any) issued in - connection with the First Encumbrance. (ii) All leases, subleases, rental agreements and tenant rules and regulations relating to the Real Property together with all modifications and amendments thereof (the "Leases "), and all guaranties of the Leases, and all documents evidencin g the balance of the Contract Rights, including, without limitation, the following: (A) All architectural, planning, surveying, maintenance construction brokerage, other service, advertising, billboard rental, personal property rental, employment, and other agreements affecting the Property which will be in effect at Closing, a listing and description of all such agreements which are not in writing, and a schedule listing all employees of Seller's relating to the Property, including names, salaries, and accrued vacation time and other fringe benefits. (B) All construction and equipment warranties and contractor's bonds in effect, if any, affecting the Property, or Seller's certification that there are no such warranties or bonds. (C) All existing insurance policies covering the Property or certificates thereof. (D) All documents evidencing rights of use or licenses, if any. (iii) An inventory of all Tangible Personalty, to the best of Seller's knowledge, and all manufacturer's or supplier's literature, design data and other information available to Seller regarding the Tangible Personalty. (iv) A rental statement (the "Rental Statement'"), certified by � g Seller, setting forth all scheduled rentals at the Real Property and all delinquen- cies in payment thereof, all other monetary and material non- monetary defaults under the Leases, all security deposits, cleaning deposits, pet deposits, and other refundable and nonrefundable deposits received from tenants at the Real Property or from ros ective tenants thereat, and interest, if any, accrued thereon, all past, P P present or future rental concessions, discounts, bonuses or premiums given or promised to, and all advance rental payments received from, tenants at the Real Property, all options for renewal and/or purchase, all brokerage commissions, if any, payable in connection with the Leases or renewals of any of these, all obligations to provide improvements and other covenants of the lessor other than quiet enjoyment, the term of each Lease and its commencement date, all rights of (32)11/05/87/PHA:ke/100 1,00"d L -S- Purchase Ag first refusal (for purchase or for additional space), and all similar tenant rights and landlord obligations. (v) All plans, specifications, surveys, geological studies or reports, engineering studies or reports and appraisals of the Real Property prepared prior to the date hereof in Seller's possession or otherwise available to Seller (and, if any are prepared, by or on behalf of Seller after the date hereof but prior to Closing, each such item shall be delivered to Buyer within five days after Seller's receipt thereof). NO All building permits, certificates and similar items and all certificates of occupancy and similar documents issued to - or in the possession of Seller, evidencing appropriate regulatory approval of the completion of construction of the improvements on the Real Property, and the operation thereof. (vii). The most recent ad valorem tax statements from all taring authorities having jurisdiction over the Property. (viii) A current certificate of good standing relating to the general partner of Seller. Ox) At Closing, certified proof of the authority of the person executing this Agreement on behalf of Seller and of the person who will execute the related instruments on behalf of Seller, and a certified copy of Seller's agreement of partnership and resolutions of Seller's general partner authorizing Seller's sale of the Property pursuant to this Agreement. W Seller need not deliver, but shall make available for Buyer's review, all books and records covering the ownership, improvement, and operations of the Property, including, without limitation, monthly operating statements, cash receipts journals, and occupancy reports. (xi) At Closing, the opinion of Seller's legal counsel, addressing the matters described in Exhibit 6 hereto. (xii) The most current report, or other correspondence, with respect to each part of the Property, from each governmental body having jurisdiction of any part of the Property which has prepared and delivered such reports or correspondence, if any, including, without limitation, reports with respect to the water and sewer systems. (Xiii) To the extent Seller possesses them or can obtain them without unreasonable cost or effort, all documents relating to the development of the Real Property. 5.2 - Pending Closing. (i) From the date hereof until Closing, within fifteen days after the end of each calendar month Seller shall deliver to Buyer an operating report with respect to the Property's operations for the prior month, which report shall indicate gross rental income, gross income from all other sources (which shall (32M 1 /05 /87 /PHA :ke / 1001.007 L -7- Purchase .fig N OU Q5 '�' 13834 PESCH POLSTER ALPERT P11 be ldentlfi ' ' ed), ex penses of each kind and amount, rent delinquencies, and vacancies. Such reports may be prepared on either a cash ban or an accrual basis s so long es, in elth case, reports fully disclose all unusual i tems of expense such re P i and prepaid receipts. ( ii) From the date hereof until Closing, if Seiler learns of any fact or circumstance which causes, or has a reasonable likelihood of causing, a representation or w of Seller's hereunder to be untrue or misleading, Seller arc y shall notify Buyer er within five days after Seller learns thereof. n C A t Closing, Seller shall ( i) deliver to Deposi t S. 3 Upo king Holder a limited warranty deed transferring title to the Real Prope from Seller d eliver to Buyer (a) an appropriately executed copy of the legal to Buffer and Cis) e Y opinion referred to in Section 5.1, W the originals of the Leases a nd all other contracts descr ibed in Section 5.1 to the extent that Seller has such original 'es of all books and records, {d) a certified ocuments, (c) cop update of the Rental i . a p rior to Closing, {e) au keys relating to the operation of the Statement to the day p g ll other documents all vehicle re istration documents, if any, {g) a Property, {f) g which ich m a y e9 all of the Pr o p erty, be r to properly transfer to Buyer ti tle to p y, all ted and as needed, notarized, and (h) all other documents or items duly execu � , ro riate or conveni to effect the intent hereof. a reasonably necessary, pp p 6. Pror ationse p 6.1 General. Exce t as otherw hereinafter provided, at and as of • ller shalt prorate in cash non- delinquent real property taxes Closing, Buyer and Se P , d account balances and assessments due and payable in the year of Closing, impoun , sewer char e service contracts, interest on the First Note and rents, utility and se s S •� r hall receive a credit the Fourth Note, and other similar items, In addition, Buyer s • toward the cash ortfon of the Purchase Price, in the at Closing, applied first P accrued interest thereon, if any), lease commissions amount of alI deposits (and ew als thereof or exercise of time with resp ect to the Leases or renewals payable at any - • P scions tenant in. rovement op tion anted in connection therewith, rent eonce P P � whic Seller is req uired to set forth ob ligations, and sim filar rte ms on the Rental w c q - the upda ted. Rents shall be prorated as if all rents indicated on Statement, as Rental Statement, as updated, are current; Buyer shall hav Ye no obligation to delinquent rent, if any, but shall pay over to Seller any rent attempt to collect any q • • m p rior to Closing lleeted b Buy after Closing relating to a period of time P re by g ( CO y y management ent). Rents recei 5 % thereof to compensate i ts property ag - ed first to the current period and then to past periods, • in Buyer shalt be applied rafter Closing order. Rents, if any, received by Selle g reverse chronological relating to periods of time after Closing shall be promptly delivered to Buyer by Seller. 6.2 Items Not to Be Prorated, No proration shall be made for • p olicies which Buy insurance p on p does not elect to accept, for y management a a ent fees or for employee salari vacations, benefits, bonuses, p yr olI . taxes or other emp loyee costs; Seller shall terminate, pay for all such services as of Closing and, to the e Seller is entitled to any credit as a result of such termination, retain the full amount of such credit. (33) 11 /OS /8 ?, P s p HA: m / 1001.007L - purchase Ag NOV 06 b7 13��5 RE SCH POLSTE� ALFERT P12 .6.3 Aecalcula Lion of Proration and Credi If taxes and/or s or an other item is prorated as of Closing on any basis assessments, utili eh e►rge y is charged for the current period, or if any item which other than actual am oun g should have been prorated as of Closing was not prorated, such item or items . shall on determination of such actual amounts, and the party .owing funds to the other shall promptly owing be ceproraced up funds to the other.. If add� remit such f and/or interest thereon is owed, Seller shall promptly tenant damage ! to the other does am ounts to Buyer. If either party owing such funds. not remit them within thirty days after demand deliver such am y and therefor, such funds shall . a he lesser of 12% per annum and the maximum lawful thereafter bear interest t t rate. 7. Cosh. 7.1 Seller's Cost. Seller shall pay the following: Cos of obtaining he Title Commitment, the UCC (i) C °S g ce called for in h ( and an u date thereto), and the policy of title insuran - Seare P incurred in connection with Section and all endorsements thereto and all charges including without li rnit obtain them, in g, gtion, the cost of obtaining the Survey. � ii All recording fees, intangible taxes and Similar costs, C) g relatin g to the transfer of the Property pursuant hereto. Gii) transfer takes, and all sales, All documentary use, and similar taxes, any, payable in connection with the transactions contemplated e by y, P Y this Agreement. iv Costs and fees of Seller's counsel. to) Co st of obtaining aU reports Seller is required here under or by law to deliver to Buyer. ) The 1% ass umption {vl• fee payable to the holder of the First Note and /or FPS. 7.2 B Coss. Buyer shau pay the following: _. y ' Costs of obtaining the a pP r aisal, audit, and physical {i) inspection of the Property, referred to in Section 8. (H) Costs and fees of Buyer's counsel. 8. Con'df bona Precedent* r t to Bu er's obligation. Buyer's obligation S.1 C�t�ons P y upon the_ p to •�'e rform under this Agreement is subject to and con n of the following conditions; however, subject satisfaction of each and every one ' g with Closing S shall Sections 2 and lo. 1, Buyers proceedi to the provisions of n t b o e deemed to mean that any or all of such conditions were satisf or waived, including, • • without thou t limitation, the condi tions described to (33)11l05187 /PHA• 001.007L - Purchase Ag. .smp /1 subsections (v) and (xi), nor shall it impair in any manner Buyer's right to rely on Seller's representations and warranties contained herein. (i) Financing. (a) Buyer's receipt, within thirty days after the full execution of this Agreement, and reasonable approval, within ten days after g . receipt., of the written consent of the holder of the First Note, FFS and the holder of the Fourth Note to the sale of the Property to . Buyer or Buyer's assignee p ursuant to this Agreement, if required under the terms of the applicable financing documents or any agreement relating thereto, and each holders agreement that, at no cost to Buyer, it will continue the existence of such financing documents with no change in their terms or conditions. In this regard,. Buyer agrees to deliver to Seller promptly after the execution of this Agreement all documents and other information which such holders and credit enhancement lender may reasonably 9 re uire in order to approve the transfer of the Property to Buyer as contemplated under this Agreement. (b) Buyer's receipt and reasonable approval, within ten days after receipt, of an estoppel certificate from each of said holders, obtained at no cost to Buyer, dated no earlier than thirty days prior to Closing, stating (1) that the copies of the financing documents delivered to Buyer are true, correct ' P and complete, 2) that none of such financing documents is in default, (3) that to the best of its knowledge no act or event has occurred or is occurring passage which with the a a of time or giving of notice or both would constitute a � default under such financing documents, (4) that such lender shat not declare a default as a result of bankruptcy, insolvency or any other condition of or act by a predecessor in title to the Property, (5) the outstanding. balance of the First Note (or Fourth Note, as appropriate) (plus the daily interest - accrual amount), and (6) impound and /or escrow account balances, if any. (ii) Title Matters. (a) Buyer's reasonable approval of the Title C ommitment, within fifteen days after delivery to Buyer of (1) the Title Commitment, and (2) copies of all documents indicated as specific exceptions thereto, and Buyer's reasonable approval of the Survey within fifteen days after Buyer receives it. (b) The ability of the issuer of the Title Commitment to issue its written agreement regarding the insurance of Buyer's title to the Property as required in Section 4.30 (c) Buyer's reasonable approval of the UCC Search within fifteen days after delivery to Buyer of the UCC Search and copies of all documents referred to therein or evidencing security interests disclosed therein. (iii) Approval of Documents. Buyer's reasonable approval of the form and content of all items described in Section 5.1 to be delivered prior to Closing, ithin thirty ays after the delivery of each to Buyer. Notwithstanding the foregoing, and Buyer's y 's approval thereof, Buyer may choose t o c ontinue in (33)1l/05/87/PHA:smp/100 1*007 L 601040 Purchase .fig existence after Closing, or cancel upon Closing, in its sole and absolute discretion, any or all insurance and other contracts so approved. (iv) Zoning. Buyer's determination, within thirty days after the full execution hereof, that the intended use of the Real Property is in accordance with all applicable zoning and other governmental laws, rules, and regulations. (v) Seller's Obligations. The truth and accuracy, as of Closing, of the representations and warranties of Seller contained in this Agreement, and Seller's fulfillment of its other.obligations hereunder. NO Financial Statements. Buyer's determination within thirty days after the full execution hereof that operating books and records and Y y 1 with those rules and supportive documents pertaining to the Property (1) c omply. regulations of the U.S. Securities and Exchange Co m mission which would be g interests in a limited applicable to a public offering of limited partnership i P P acquiring Property, artnershi ac uirin the Pro ert , and (2) are available to permit Buyer to confirm the Property's average annual occupancy rate for the last two years and the Property's average annual rental rate per square foot for the last two years, and Buyer's reasonable approval of the contents of such items. (vii) ,Appraisal Buyer's receipt, within thirty days after the full execution hereof, of an appraisal of the Property prepared by an M.A.I. appraiser, stating that the fair market value of the Property is equal to or greater than the Purchase Price plus 6..46. ( viii) Security Interests. Seller's providing Buyer with evidence reasonably satisfactory to Buyer, dated no earlier than ten days prior to Closing, that no personal property being purchased by or assigned to Buyer in connection with Buyer's purchase of the Property is subject to any outstanding security interest other than in favor of the holders of the promissory notes intended to be secured by the Real Property upon Closing, as security solely therefor. (ix) Condition of the Property. Buyer's reasonable approval, within thirty days after the full executio hereof, of the Property, all P � P f arts corn onents and conditions thereof (including, without ..,imitation, heating, electrical, plumbing, sewer, paving, amenities, air conditioning, water, and roof, and geological 'cal and soils conditions) and Buyer's reasonable approval, within thirty days after the full execution hereof, of the real estate market in the locale of the y In light of Real Property and Buyer's operating projections for the Property, Seller's superior knowledge of the Property, and the history and development thereof, and the relatively short time available to Buyer to conduct inspections and investigations, no inference that Buyer has waived any right to rely on represen- tations or warranties of Seller set forth in this Agreement shall be drawn from Buyer ' s approval Property a roval of the Pro ert pursuant to said physical inspection. Notwith- g standin the foregoing, Buyer shall not be permitted to rely on any representation or warranty of Seller set forth in this Agreement to the extent the same is inconsistent with any fact or circumstance actually discovered by Buyer during the course of its inspection and investigation of the Property. (33)11/05187/PHA:smp/100 1.007 L -I 1- Purchase Ag delivery to Buyer, within thirty (x) Pest Report. Seller s d Y y • • and Buyer's reasonable approval, within thirty da s after the full execution hereof, , Y h respect to all y current termite and pest control report, wit p days after receipt, of a • without limitation, interiors o improvements included in the Property (including, visible or accessible -evidence of dry rot, all apartment units) indicating all v 'or to Closing of a P infestation, and Buyers receipt at or prior g termites, fungi and similar •Ve work in connection therewith indicating that all required corrects a certificate has been completed at Seller's expense. re bein no adverse change in the (x No Change. The g • Property or in its operations or prospects h sisal or financial condition of the p Y - cent control or p y prior to Closing, ,including w ithout limitation no enactment of a similar law applicable to the Property* item Buyer's failure to disapprove any i or matter within a specified time limit deemed to be a l. therefor shall be dee prova p • • to Seller's Obligation. Seller's obligation to 8.2 Conditions Precedent satisfaction of • Agreement is subject to and contingent upon the perform under this �greeme � .. Seder's proceeding with o ne of the f ollow ln.g conditions, however, p • each and every o an that an or all of such conditions were Closing shall not be deemed to me Y g satisfied or waived. eller's recei t, within thirty days of ter (i) Financing. S p cution of this Mgr eement • d reasonable approval, within the full exe � ten days an Y lder of the First Note and ' reof of the written after receipt the f itten consent of the ho of the Property to Buyer pursuant to this holder of the Fourth Note to the sale p nts or an the a terms of the F inancing Documents y Agreement, if required under the t hat at no cost to • thereto, and each such holders agreement that, agreement relating the Section ?.1Cvi% it will release Seller the assumption fee described in . Seller (exce Financing Documents. from all obligations and liability under the g fr Condition. Seller's (ii) Buyer's .Financial reasonable thereof, of the most recent fin ancial Pp a roval, within ten days after rece p statements of Buyer. ( Buyers Qb1lga.tlonS. � The truth and accuracy, as of • ties of Buyer contained in this Closing, of the representations and warren C g ' t .. A ee m ent, and Buyers fulf slim ent of its other obligations hereunder. 9. Representations and Warranties* W arran ti e s of Seiler. Seller hereby makes 9.1 Representations and Warren true as of the • representations and warranties t the following represents o Buyer, which are d which are not intended to replace ate her which shall be true as of Closing an der ap licable d - ' expr or implied lied warranty provided un or limit in any manner any exp p d ri and the history an Seller's s knowledge of the Prope y, t law. In light of p time available to Buyer to conduct Io ment thereof, and the relatively short 8,1 ix) be 0 p xce t as set forth in Section I( ix), inspections and investigations, Buyer shall, e P din Bu er's entitled to rely upon said representations and warranties notwithstanding Purchase Ag (33)1l/05/87/`PHA:smP/lo0 1, 0012- ins I pections and investigations, and notwithstanding any express or implied waiver of any condition precedent herein. (i) To the best of Seller's knowledge, the improvements on the Real Pro ert , and all parts and components thereof, and the use thereof, P Y will conform to all applicable fire, zoning, health, environmental, subdivision, building, abor and other codes, laws, rules, and regulations, and there is no violation thereof with respect to the Property. Except y g ' t as disclosed to Buyer in writing, eller has received no notice of, nor does it have any knowledge of, any • g ' proceeding in eminent domain pending or threatened action or governmental , zonin g g change, rent control, or otherwise, which would directly or indirectly affect the Property, nor does Seller know of any fact which might give rise to any such proceeding, nor does Seller know of any other type of existing or intended use of p - g .affect the use or value any adjacent or nearby real .property which might adversely of. the Property. To the best of Seller's knowledge, the Property is not in y , violation of an federal state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Real Property, including, but not limited to, soil and groundwater condition. Neither Seller nor, to the best of Seller's knowledge, any third party has used, generated, manufactured, stored or disposed of on, under or about the Real Property or P. trans orted to or from the Real Property, or incorporated into any of the improvements thereon, any flammable or explosive material, radioEctive material, hazardous waste, toxic substance or related material ( "Hazardous Materials "). For the purpose of this Agreement "Hazardous Materials" shall include but not be limited to substances defined as "hazardous substances," "hazardous materials," or "toxin substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec 9601, et se .; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seg.; or the Resource Conservation and Recover Act 42 U.S.C. Section 6901 et sue. or in the OEMNOW y regulations adopted and publications promulgated pursuant to said laws. To the best of Seller's knowledge, all permits, declara- tions, and other evidences of compliance from regulatory authorities required to be obtained in connection with the improvements at the Real Property (including, without limitation, certificates of occupancy for all apartment units), the sale of the Property o Buyer, p and the operation and use of the Property (including,. y to y without limitation, those regulating the division of real property and environmental matters), have been obtained; said improvements have been constructed pursuant to contracts which are in accordance with such permits, declarations and evidences of compliance; all. warranties which have not by the passage of time expired from contractors having constructed said improvements are in full force and effect; the Real Property has utility connections, sewer usage rights, and potable water, in P Y Y sufficient quantity to completely operate all of the improvements thereon. GO Except as disclosed to Buyer in writing and to the best of Seller's knowledge, all of the Property (including, without limitation, all improvements, landscaping, equipment, systems, and appliances at the Real p Property) is in good condition and, as appropriate, in o* 0 00d working o; der g includin , without limitation,, heating, entilation, plumbing, drainage, electrical and air - tth g Y g, conditioning systems, and wiring, paving, grading, roofing, and other amenities, and there is no defect in any of the foregoing or in the materials or workmanship furnished in the construction of said improvements. (33)11/05/87/PHA:smp/100 1*00 7L -13- Purchase Ag (v) To the. best of Seller's knowledge, no person or entity has any right, title or interest in or to the Property other than as set forth in the Title Commitment and other than tenants pursuant to the Leases; no person holds an option or right of first refusal to purchase all or any portion of the Property. NO To the best of Seller's knowledge, no part of any improvement on the Real Property encroaches upon any property adjacent thereto or upon any easement, nor is there any encroachment upon the Real Property. (vii) There is no lease or rental agreement affecting the Property other than the Leases. Except as otherwise indicated on the Rental Statement, all of the obligations of the lessor and of each lessee under the Leases have been fully performed if such obligation has matured as of the date of Closing, no monetary or material non - monetary default exists under any of the Leases and each of the Leases is in full force and effect. All information indicated on the Rental Statement is true, correct and complete. There has been no modification or amendment of any of the Leases or any guaranty thereof other than as indicated on the Rental Statement, and Seller has made no commitment, undertaking, or repre- sentation to any tenant, or given any renewal right to. any tenant, other than as indicated on the Rental Statement. None of the Leases is for a term in excess of one year and no rent has been accepted more than thirty days in advance (except for advance rental payments indicated on the Rental Statement). (viii) There is no maintenance, construction, advertising, management, leasing, employment, service, or other contract or obligation affecting the Property or arising out of its operation, which will be in effect or outstanding at or after Closing, other than those transferred or disclosed to and approved by Buyer. (ix) There is no mechanic's or mater ialman's lien or similar claim or lien presently claimed against the Property for work performed or commenced, or material supplied, prior 'to Closing. (x) None of the Contract Rights or the Tangible Personalty is subject to any outstanding security interest not created by Buyer,. other than in favor of the holders of the promissory notes intended to be secured by the Real Property upon Closing, as security solely therefor. NO . Seller has the capacity and full power and authoriza- • tion to enter into and carry out this Agreement and the transactions contemplated hereby. (Xii) Seller does not have knowledge of any broker or other party who may have a claim for a brokerage commission, finder's fee or Like payment arising out of or in connection with this purchase and sale of the Property; however, Seller shall be paying a consulting fee for certain non-brokerage services provided to Seller. (Xiii) There is no default under any existing encumbrance on any of the Property (nor has any event occurred which, with the passage of time, giving of notice, or both, would constitute such a default). Such existing (33)11/05/87/PHA:smp/100 1.00 "IL -14-- Purchase Ag encumbrances secure no obligation' other than those which have been disclosed to Buyer. Except as otherwise required by the terms of Section 3, upon Closing all P such encumbrances shall have been satisfied in full and released. ( xiv)There is no suit, action or arbitration, bond issuance or proposal therefor, proposal for public improvement assessment, pay -back a reement paving agreement, road expansion or improvement agreement, utility moratorium, use moratorium, improvement moratorium,, rental increase moratorium, rent rollback rent control or legal, administrative, or other proceeding or governmental investigation or requirement; formal or informal, P g g _ existing or pending or, to the best of Seller's knowledge, threatened which affects the Property or which adversely affects Seller's ability to perform hereunder, or other charge or expense upon or relating to the Property, which has not been • g � of an such requirement, full disclosed to Buyer in writing, or, �n the case y q Y complied with. (xv) The Property contains 184 apartment units, each of which may legally , all be used and each of which is separately metered for electricity usage; the Real Property consists of approximately 10.5 acres. (xvi) Subject to the provisions of the First Note, First Encumbrance and related financing documents, this Agreement, when executed by Seller, shall have properly ave been duly and executed and neither the execution of this A greement nor the consummation of the transaction contemplated hereby will constitute: (a) a default or an event which with notice or the passage a of time or both would constitute a default under, or violation or breach of, a e any indenture, license, lease, franchise, moct g g , deed of trust, or other instrument or agreement to which Seller is a party or by which Seller or Seller's i s a property, including without limitation the Property, ma y be bound or (b) an event which would permit any party to .any agreement or instrument affecting the Property or affecting Seller's ability to perform its obligations hereunder to terminate it or permit the holder of any indebtedness to accelerate its maturity. (Xvii) No property tax or assessment with respect to the Property is delinquent, and all requirements of all insurance policies with respect P Y q . - to the Property have been and are being fully complied with. WHO To the best of Seller's knowledge, there is no adverse geological or soil condition affecting the Real Property. ( xix ) To the best of Seller's knowledge, the Real Property is not located within an area of unusual risk with respect to earthquake, flood, volcano or other natural disaster or hazard, such as earth movement or subsidence or rising groundwater. (xx) Seller is not a "foreign person" within the meaning of Section 1445 of the U.S. Internal Revenue Code of 1954. ( 32)11/05/87/PHA:ke/100 1*00"I L -15- Purchase •fig NOV 65 `87 ill"Ne � a RESCH POLSTER NLrtt� i (x } xi Seller has made no untrue statement or representation o Bu yer ar • this A reement# and all items from Seller delivered t uy r e �n connection with th g true to be. Said i to to s have not correct and complete copies of what they purport dified other than as also delivered to Buyer, and no item t h at been amended or m o � o delivered. Seller has not felled to should have been delivered to Buyer has not been s • material fact in connection with the transactions contemplated state or disclose any m e by this Agreement. _ and Warranties of Buyer. Buyer hereby makes the 9,e Re�resentatians follo r ep resentations and warranties to Seller, which are tr ue as of the date . t g r p hereof, which shall be true as of Closing. a cor ration duly organized, validly existing ( Buyer is Po as the capacity din under the laws of the State of California; Buyer h e c p y and �n good standing . d authority to enter into this Agreement and every agreement or and full power � y B shalt enter into instrument which this Agreement contemplates Bu y ( This Agre ement, when executed by Buyer,_ shall have been duly and p roperly executed and neither the execution of this Agreement or any P agreement or instrument which this Agreement c /ales will constitute a � ice or the passag of time or both would constitute a default or an event which with note p • g . r violation or breach of, any indenture., license, franchise, mortgage, default under, o � deed of trust or other instrument or agreement to which Bu y er is a P arty orb Y which Buy or Buyer's property may be bound. 100 Seller's Covenants. In addition to such other coven ants of Seller as are contained elsewhere in this Agreement, Seller covenants and agrees as follows: Seller's sole cost and expense, use its best of forts to 10.1 Seller shall, at are f these vide to Buyer, in a timely manner, the documents (which, as to some of , ••. pro � Y f W), tv�ii 'sa roved b Bu er) described in subsections (1},. (U), , and W of Section 8.1. The aforementioned subsections are exp ressly to be approved or disapproved Y y ntended to set y - and covenants Notwithstanding the foregoing, Seller . forth both conditions p filter fact or shall have no obligation to remedy, correct or in any way a • e Prop or an part thereof, or any document described cir cumstance concerning th p y Y t hi s Bement ._ her ein which is in existence as of the full execution oft s Agreement, or referred to her and p rovided Seller has used • except as specifically provided in Sections 10.2 and 10.8, , p exc p sp liab to Buyer under this Agreement i Seller a its best efforts, Seller shall have no 11ab y Y unable to obtain such documents or the Survey required by Section 4.1 and/or deli ver within the time p eriods specified in this agreement, in which event, them to Buyer i P Sell and Buyer shall have * � hose rights described in Section r. From and after the dat hereof until Closing, Seller shall lease or 10.v2 Fr t e n ancy ) other than e Property (includi renewal of an existing en y) rent no space at th Q Y g ales no less than, 's resent lease form in use at the under Seller Property at rental s p and with concessions n o g reater eater than, those being charged or given, respectively, pres ent ractices nor shall Seller otherwise deviate from its pursuant to S eller' s* pr es P air or management ement o f the ordinary nd customary operation, maintenance, , rep . g • Y • without limitation, the application of security deposits tc Property, including, reple nishment thereof. Seller el q d in uent rent w itnout demanding and pursuing th ' shall put all vacant space � e n rentable condition upon Closing, in accordance with Seller's customary standards. A:k t�0 I.00" L -16- Purchase • i33111106/87/PH e/ 1 NOV 06 187 RESCH P1 )L!5 I LK H1.r- Qrw% 1 encumber the Property or any pact 0 10.3. Seller shall not ,further p ursuant hereto). without t rest therein (other than to Buyer p thereoft convey any in a ion prior consent, or additional advance or funds secured or to be Buyer's p accept any ancel, amend or i of the Property, or c ed b any existing encumbrance on any Fourth Note or the Fourth recur Y the First Encumbrance, the F repay the Fi Note, o ther note or encumbrance to which P or perm any of there, or any o Encumbrance, p in default prior to Closing. Seller of the Property is subject, to become or other contract any part n ew service, maintenenee, supply , shall not enter into any n without Buy prior approval P t in any w ey pr for to Clos � affect the tan time on thirty days notic or less unless such contract is cancelable a Y without cost to Buyere cancel or reduce the amount of g 4 Seller shall not, prior to Closing, ereoE. 14 ' ring the Property or any pact th coverage of any insurance policy cove g i determines that the bulk sales law 5 To the extent Seller r e asonab y haH have fully 10. in Seller, at its expense, s re ap at or prior to Clos g ontern laced hereby, and a PP bulk sales laws to the transaction c . , p complied with all such b a rovals, if any, needed to obtained all necessary g overnmental PP shall have consummate the transaction contemplate d her eb Y . • • d fend and hold Buyer (and its directors, 10.6 Seller shall jndenln�fy, e � m and ag ainst any affiliates) free and harmless fro g officers, employees, agents and a , , rn s' fees and court costs in • obti ations, and liability Cana atto ey or the an d all claims, g • , P therewith) arising out of the or any portion thereof connect curr ence, act, or f ailsr a to act prior • conducted thereon, from any event, oc . - a mee of any business a provision shall not apply to (i) p Y to Closing; however, this indemnity pr ther at (hosing, (ij) future • extent Buyer receives a credit the d item to the exte Y contracts transferred to and approve ' ns pursuant to the Leases and other obl i g ations to Buy as ob lig ado Q Seller f ai led to disclose such ob lig Y V Bu except to the extent Sell . Seller assurned by Buyer b Buyer, y � (iii) obli or liab ili ti es of herein required or any o bli g ations g under this Agreement. indem i d and hold Buyer 10.7 Seller shall de en , r C its directors� is interest in the af filiates and all successors to Bu} e officers, employees, agents, . ' firers employees, and agents). • Pro pert y, directors, of , � oil chain of t itle to the Q y and all liability directly or indire f ree and harmless from and against any of Hazardous Materials-by ration storage, or disposal arising out of the use, generation, , includin all foresee and all t or affiliate of Sellers Cif , , g ion the Seller or any ogee and (ii) including, without limitat , unforeseeable consequential damages, or detoxif"cation and the required or necessary repair, cleanup, • n is re wired cost of any g required plans, whether such act ion Q of any closure or other g the Pro erty. Seller's preparation ollowin transfer of title to p or necessary prior to or following Closing for a time • to the fore going indemnity shall ..� obligations pursuant g • mitation regarding any liabilr Y • he Ion est of 811 statutes of u period equal to g as the for oing. Buyer may e8 w hl ch y y have for any act such • in an and all vio lations of r shall remedy prior to Closing Y the 10.8 Selle ode relating to all or any part of fe deral, state or local law, rule, re or c fe Seller riot to (lasing. �totwith .. h' h vtol8tions become known to p does not P. operty, w jC t to remedy such violations. ( j) in the foregoing' to the event the cos bl comp leted prior to standing corr ective work cannot be reasonably exceed 55,000, but such r _ 7 _ Pucche►se g 7 (33) 11 /06 /8 "/PHA:ke /1001.00, L 1 Closing, Seller shall escrow all of the funds necessary to pay for the work with Escrow Holder, and such funds shall be disbursed to Seller upon presentation to cured, or ( ii ) er of reasonabl satisfactory evidence that the subject violations have been B u Y y does exceed $25,000, either Seller or y Bu terminate this Agreement upon notice to the other party, but if Seller so notifies Buyer, such notice shall include an itemized breakdown of g p the estimated cost to repair the viola y violations and Buyer shall have ten days after the receipt thereof to notify Seller of Bu er's election to ay all costs in excess of $25,000. In the event Buyer so Y P Seller a elects to proceed with the acquisition of the Property, S el shall pay the first $25,000 of costs , Buyer er shall pay the excess, and transaction shall proceed as contemplated hereunder. 10.9 At or P rior to Closing Seller shall satisfy in full all monetary y oblig ations secured b any part of the Property, except as otherwise required by g the terms of Section 3. 10.10 From and after Closing, Seller shall conduct no business in the State of Minnesota using the name Silver Ridge Apartments. 1111 At or P rior to Closing, Seller shall provide to Buyer an affidavit signed under penalty of perjury and complying with the requirements of • U.S. g P y of have timely furnished Internal Revenue Code Section 1445(b)(2). If Seller shall n y to Buyer said affidavit Buyer may, at its option, either (a) adjourn the closing until y • y conditions t forth herein such. time as Seller has complied with the conditions se , and such adjournment shall not lace Buyer in default of its obligations hereunder, or � P alternatively (b) Buyer may withhold from the Purchase Price and remit to the Internal Re v Service a sum equal to 10% of the Purchase Price in accordance Re-venue Q with. the withholding obligations imposed upon Buyer pursuant to Internal Revenue 45. Such withholding shall not place Buyer in default under this Code Section 14 g Agreement, and Seller shall not be entitled to claim that such withholding shall excuse Seller's performance under this Agreement. 11. Brokerage Commissions. Buyer and Seller each agrees to hold the other harmless from an claim liability, loss or expense for any brokerage commission, • y • ' - asserted against Seller or Buyer by Bu finder's fee, acquisition fee or lice payment asser g Y virtue of a contract or agreement made by the other party. Access and P ^scion. Upon execution of this Agreement, Buyer, 12. Acc P • and through its authorized agents, personnel, independent accountants and counsel, g g • em to ees shall be entitled to enter upon the Property during normal business hours to make such inspections as Buyer m y deem necessary, p y ' a including without y� limitation ' P ins ections of accounting and operating books and records of the Property (and all supporting documentation therefor). Seller shall immediately make available for inspection by Buyer all books, records, contracts, rules and P regulations now existing and relating to the Property, and Seller shall deliver full possession thereof and of the Property to Buyer upon Closing* 13. Damage or Destruction. Should the improvements at the Real Property be destroyed or damaged prior to Closing, Buyer may, at its election: C 3? ) 11 /05 /87/PHA:ke /1001.00 7L 4018- Purchase .fig NOV QC ' � r 13:37 RESUH t'uL5 I tK HLrtK I 13.1 Terminate this .agreement without any liability to Seller, upon notice to Seller; provided, however, if the cost of repair or replace the damaged or destroyed improvements, as evidenced by the lowest firm bid received by Buyer from a licensed and qualified independent contractor, does not exceed $50,000, Buyer shall proceed to purchase the Property as set forth in Section 13.2; or 13.2 Subject to the provisions of the Financing. Documents, proceed with the purchase of the Property pursuant to this Agreement with no reduction in the Purchase Price, except for a reduction in an amount equal to the shortfall between (x) the lowest firm bid received by Buyer from a licensed and qualified independent contractor to repair or replace the damaged or destroyed improve- ments, plus the sum of all net income projected by Seller to be obtained from the damaged or destroyed portion of the Property for the period of time estimated by said contractor to be required to complete such repair or replacement, and (y) the amount of any applicable insurance coverage; all insurance proceeds, if any, shall be delivered to and retained by Buyer, subject to the rights of existing lienholders, and, subject to such rights, Buyer shall be entitled to settle the loss with Seller's insure 14. Condemnation. In the event that condemnation or eminent domain proceedings affecting all or any part of the Property are initiated after the execution of this Agreement and prior to Closing Buyer may, at its option, terminate this Agreement by notifying Seller and Deposit Holder, in which case all moneys (if any) deposited with Deposit Holder by Buyer (and all interest accrued thereon) shall be forthwith returned to Buyer by Deposit Holder, and neither Buyer nor Seller shall have any furt her liability to one another hereunder, or, alterna- tively, Buyer may, subject to the provisions of the Financing Documents, consum- mate the transaction provided for herein, in which event Seller shall assign to Buyer all of its right, title and interest in and to any award made or to be made in connection with such condemnation or eminent domain proceedings. Notwltih- standing the foregoing, the State of Minnesota has already begun proceedings to .take a part of the Real Property in order to widen a state highway. If within thirty days after the full execution of this Agreement, Seller and Buyer cannot agree on the treatment of the award for such taking, then either party may, upon notice to the other, cancel this Agreement. Further, nothing herein shall be construed as Buyer's approval of such taking. 15. Miwe eous. 15.1 Notices. Except as otherwise provided in Section 8.2, in order to be effective all notices, consents, approvals, and disapprovals ( "Notice ") required by this .agreement must be in writing and either W sent by telegram, or (H) placed in the United States mail, certified with return receipt requested, properly addressed and with the full postage prepaid, or (iii) personally delivered, and in all cases signed, in the case of a corporate party hereto (or a corporate general partner of a party hereto), by an officer thereof, or, in the case of Buyer, Notice may be signed by Buyer's counsel named below; all items to be delivered shall be similarly transmitted but by mail or personal delivery only. Notice and deliveries shall be deemed received and effective on the earlier of (x) the date actually received, or (y) two business days after being mailed as aforesaid, or (z) twenty - four hours after the sender leaves Its message with the telegraph company for (33)11/06/87/PHA:ke/1001.007L -19- Purchase Ag immediate transmittal, except that, in the case of Notice, if there is a mail strike prior to actual receipt of a mailed Notice, the Notice must be re -sent by telegram or personally delivered to be effective. Notice trust be addressed to the parties hereto at the following addresses, unless the same shall have been changed by notice in accordance herewith: To Seller; Tri -State Maple Ridge Limited Partnership c/o Tri -State Service Corporation 332 West Superior Street Duluth, Minnesota 55802 A ttn: Mark P. Melhus with copy to Seller's counsel: Steven Overom, Esq. 700 Providence Building Seventh Floor Duluth, Minnesota 55802 To Buyer: Angeles Investment Properties, Inc. 10301 West Pico Boulevard Los Angeles, California 90064 A ttn: Jonathan M. V eni ar and Real Estate Notice with copy to Buyer's counsel: Resch, Polster, Alpert & Berger 10281 West Pico Boulevard Third Floor Los Angeles, California 90064 Attn. Real Estate Dept. Buyer and Seller, and their respective counsel, all hereby agree that if Notice is to be given hereunder by counsel, such counsel may communicate directly with all principals, as required to comply with the foregoing Notice provisions. 15.2 Attorney's Fees. In the event that either party hereto brings an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default hereof, or any other legal action or arbitration proceeding arising out of this Agreement or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant hereto whether or not suit is filed or an arbitration proceeding is begun or either is prosecuted to final judgment or determination, the nonde -- faulting party shall be entitled to reasonable attorneys fees, including costs of appeal, in addition to any court costs or arbitration costs incurred and in addition to any other damages or other relief awarded. The parties hereto acknowledge that monetary damages alone would not be adequate redress for a breach hereof, and therefore agree that this Agreement shall be specifically enforceable. 15.3 Entire Agreement and Amendment. This Agreement, together with all Exhibits hereto and documents referred to herein, if any, constitutes the (33)11/05/87/P HA.*smp/100 1,007L -20- Purchase Ag entire understanding between the parties hereto, and supersedes any and all prior ag reements , arrangements ements and understandings between the parties hereto. This Agreement can be amended only by a writing signed by Buyer and Seller. 15.4 Exhibits and Recitals. All recitals set -forth hereinabove are incorporated herein by this reference and made a part hereof. Seller and Buyer agree that. the. Exhibits, except for Exhibit 1, have been intentionally omitted, and 0 that Seller and Buyer, acting reasonably, shall agree on the form of such other exhibits within thirty days after the full execution hereof. 1505 Time of the Essence. Except as otherwise provided herein, time is of the essence in .connection with each and every provision of this Agreement. 15.6 Severability. Whenever possible, each provision of this Agree- ment and every related document shall be interpreted in such manner as to be valid under applicable law; *but, if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remainder of such provision, or the remaining provisions of such document. 15.7 Construction. This Agreement and each and every related document is to be governed by, and construed in accordance with, the internal laws of the State of Minnesota. Whenever the content so requires herein, the neuter gender shall include the masculine and feminine, and the singular number shall include the plural. This Agreement shall be c onstrued as having been drafted by both parties, jointly, and not in favor of or against one party or the other. 15.8 Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties hereto, and the rights and obUgations under this Agreement shall survive Closing. However Seller shall have no right to assign any of its rights, privileges, duties or obligations under this Agreement or to convey or transfer the Property prior to Closing without the prior consent of Buyer. 15.9 Section Headings. The headings of the sections in this Agreement are inserted solely for convenience of reference, and are not intended to govern, limit or aid in the construction of any term or provision hereof. 15.10 Waiver. No claim of waiver, consent, or acquiescence with _ - respect to any provision of this Agreement shall be made against either party hereto except on the basis of a written instrument executed by or on behalf of such p Y p party. However, the art for whose benefit a condition is herein inserted shall have the unilateral right to waive such condition. 15.11 Liability of Buyer. Seller hereby agrees that it will look only to the assets of Buyer for the performance (or liability for nonperformance) of any and all obligations of Buyer hereunder or pursuant to the transactions contemplated hereby, t being xpressly understood that no general or limited partner of a y ' • liability obligation of an partnership assignee of Buyer's shall have any personal liability or y kind or nature whatsoever under the terms of this Agreement. (33)11 /05 /37 /PHA:smp /1001.00 "L -31- Purchase .fig 15.12 Further Actions. Buyer and Seller agree to execute such additional documents, and take such further actions, as may reasonably be required to carry out each of the provisions, and the intent, of this Agreement, and every agreement or document relating hereto, or entered into in connection herewith, and Seller shall reasonably cooperate with Buyer after Closing in instructing Buyer in the operation of the Property. Buyer and Seller each agree to report this transaction for all tax. purposes in a manner entirely consistent with this Agreement. 15.13 Counterparts. This Agreement may be signed in counterparts, not all of which are signed by all parties hereto but each party hereto having signed and delivered to the other at least one of them. Any one of such counterparts, signed by the party to be charged, shall be su f f is ien t to prove this Agreement. 15.14 Disclosure. Seller acknowledges that Buyer may assign its rights hereunder to a limited partnership whose limited partnership interests are offered to investors, and Seller consents to Buyer's disclosure of the terms hereof, and any and all other information available to Buyer or said assignee regarding the Property or Seller, to such investors, prospective investors, their brokers and repre- sentatives, underwriters, counsel to any of the foregoing, and state and federal governmental securities - regulating authorities. 15.15 Arbitration. Any party hereto may require the arbitration of any dispute arising under or in connection. with this Agreement or any related agreement. Such party may initiate and require arbitration by giving notice to the other party specifying the matter. to be arbitrated. If legal action is already pending on any matter concerning which the notice is given, the notice shall not be effective unless given by the defendant therein and given before the expiration of twenty days after service of process on the person giving the notice. Except as provided to the contrary in these provisions on arbitration, the arbitration shall be in conformity with and subject to applicable rules and procedures of the American Arbitration Association (or any successor thereto). If the American Arbitration Association is not then in existence and there is no successor, or if for any reason the American Arbitration Association 'fails or refuses to act, the arbitration shall be in conformity with and subject to the provisions of applicable statutes (if any) relating to arbitration at the time of the notice. The arbitrators shall be bound by this .agreement and all related agreements. Pleadings in any action pending on the same matter shall, if arbitration is required as aforesaid, be deemed amended to limit the issues to those contemplated by the rules prescribed above. Each party _ shall pay the costs of arbitration, including arbitrator's fees, as awarded by the arbitrator(s). The number and selection of arbitrator(s) shall be in accordance with the rules prescribed above, except that (i) each arbitrator selected shall be neutral and familiar with the principal subject matter of the issues to be arbitrated, such as, by way of example, real estate development, or real estate management, or such other subject matter as may be at issue, (ii) the testimony of witnesses shall be given under oath, and (iii) depositions and other discovery may be ordered by the arbitrator(s). 15.16 Waiver of Jury. With respect to any dispute arising under or in connection with this Agreement or any related agreement, as to which no party invokes the right to arbitration hereinabove provided, or as to which legal action (33)11 /05 /8 7 /PHA:smp /1001.00 7 1 L Purchase Ag neve rtheless occurs , p arty each art hereby irrevocably waives all rights it may have to demand a jury tr ial. 15.1?. Indemnification of Seller. Buyer shall indemnify, defend and hold Seller (and its partners, employees, agents and affiliates) free and harmless from and a ainst an and all claims, obli ations, and liability (and attorneys' fees and g y ' ' t of the Property or an court costs in connection therew arising ou p y a p ortion p thereof or the business conducted thereon, from any event, occurrence, act or _ failure to act subsequent to Closing, including, but not limited to, any recourse oblig etions of Buyer under the Financing Documents and any other obligations assumed by Buyer under this Agreement; however, this indemnity provision shall not apply to (1) payment of any item to the extent Seller receives a credit therefor pP y •• at Closing, (ti) future obligations pursuant to .Leases or other contracts entered into by g Seller or its a gents which were not disclosed to Buyer as herein required or (iii) to the extent a particular claim, obligation or liability arises out of any false statement in this Agreement by Seller. 15.18 Authorit y S ig n . to The individuals executing this Agreement on behalf of Buyer and Seller, respectively, represent that they are authorized to do so. IN WITNESS WHEREOF the undersigned have executed this Agreement as of the date first above written. SELLER: Tri -State Maple Ridge Limited Partnership, a Minnesota limited partnership By Maple Ridge Development Corporation, a Minnesota corporation General Partner. B y , Mark P. Melhus Chief Operating Officer BUYER: Angeles Investment Properties, Inc., a California corporation ..f By ►^1 l� J athan Vi. Veniar I Senior Vice President (33)11/05/87/PHA:smp/1001.007L -23- Purchase Ag t L15T OF EXHTBTTS 1. Legal description of Real Property 20 Limited Warranty Deed 3. Bill of Sale 4. Assignment of. Contract Rights 5. Assignment of Leases 6. Matters for Opinion of Counsel (32)11/05/87/PHA: 1,007L -24- Purchase Ag 50 Interest on the Bonds has been paid in full through and will accrue at a rate of $ per ay after such date 6. Interest on the _Loan has been paid in full through and will accrue at a rate of $ per day after such date, 7 There is currently no default under the Financing Docu- ments and, that to the best of the knowledge of the City, no act or event has occurred or is occurring under the passage of time or giving .of notice, or both, which would constitute a default under the Financing Documents, 8 The conveyance of the Property by Seller to Buyer or to its assignee and the assumption of the Financing Documents by Buyer or its assignee will not constitute a default under the Financing Documents. 9's From and after the closing of the sale of the Property to Buyer or its assignee, the City agrees to provide Buyer or its assignee with notice of any default under the Financing Documents to such address ( es) as is provided to the City following such closing and that the Financing Documents will continue with no change in their terms or conditions. 10. The Financing Documents that are included in the bound bond transcript are true, correct, complete and have not been amended or modified in any manner. Very truly yours, THE CITY OF MAPLEWOOD By Its Dated: December _, 1987 Angeles Investment Properties, Inc. 10 301 West Pico Boulevard Los Angeles, California 90064 Tri- State Maple Ridge Limited Partnership 332 West Superior Street Duluth, Minnesota 55802 Re: Sale of Silver Ridge Apartments Gentlemen: The City of Maplewood, Minnesota ( "City" ) . does hereby acknowl- edge, consent and agree as follows: 1. The City hereby acknowledges that it has been advised that Tri -State Maple Ridge Limited Partnership ("Seller") has entered into an agreement with Angeles Investment Properties, Inc ("Buyer") for the sale of the Silver Ridge Apartments Pro. ject i n Maplewood, Minnesota ("Property") from Seller to Buyer or its assignee and does hereby consent to such transfer. 2. The City hereby acknowledges that it has been advised that as part of the purchase price, Buyer will assuTne and agree to pay, according to the terms thereof, the obligations of Seller under all of the documents evidencing and giving rise to the City of Maplewood, Minnesota, $4,800,000.00 Multi - Family Housing Revenue Bonds, Series 1985 ("Bonds") and the loan of the proceeds thereof to Seller ( "Loan ") (collectively, the "Financing Docu- ments") and the City does hereby consent to such assumption. 3o The City hereby agrees that the assumption by Buyer of the Financing Documents will result in Seller having no f urther liability or responsibility under the Financing Documents and accordingly, that the City shall not declare a def ault as a result of bankruptcy, insolvency or any other conduct of or act by Seller. 4. The unpaid principal balance of the Bonds and the Loan as of the date hereof is $ F rst iinancial Mr. Jonathan M. Veniar Senior Vice -President Angeles Corporation 10301 West Pico Boulevard Los Angeles, CA 90064 December 7, 1987 { � �� i . 7 ' - � • � � � �..� mow' YL • B7 1 SE C 4 > '_1 HA J , Pursuant to Reimbursement Agreement for Loan R e: Consent to Transfer Purs - "Reimbursement e merit dated as of December 1, 19 85 {the Purchase Agree Financial Sa Association (the Agreement"). by and between First Fina g � e Maple Ridge Limited Partnership {the "Association") and T ri -Stat p "Partnership ") Dear M r. V e niar: . F irst Financial Savings Association . Sub ct to the conditions set forth herein, F • � the Silver Ridge Apartments located in hereby consents to the transfer of n eles y "Project") to either g Maplewood, {the her Angeles Partners XV or A P J .. i ("Angeles"), and ich is a California limited partnersh p Partners 18, each of which Partnership pursuant to ion b A n eles of the loan obligations of the P p the assumpt Y g i and the City of Maplewood, the -Loan Agreement between the Partnership Minnesota, dated as of December i 1985 {the "Lo an ")• • tra nsfer of the P je et and assumption ption - The consent of the Association to the tra bef ore the date on which the transfer of the Project - to the satisfaction act ion of the following conditions on or . of the Loan �s su bject to A n A takes place {the "Closing g Date "): n f an assumption fee of $50,000.00 together 1, payment to the Association o p with reimbursement of the Association's out-of-pocket expenses, including attorneys' fees. • s to the Association of such Z, Execution and delivery by Angeles , • mental security agreements and financing modification agreements, supple satisfactory acto to wired b the Association, i n form and substance r'Y statements as req uired Y r . ion, including, but not limited to, the aaeement of Angeles to perform the Associat o . nt of the annual • Partners {including payment all of the obligations of the Par p agreement that a • under the R el mburse ment Agreement, the commitment fee) ' General Partner of ' of Angeles shall, at all times, act as Manag subsidiary g nd evidence that the transaction has Angeles and as manager of the property, a g requisite partnership action. been authorized by all 9 � • FIRST FINANCIAL. SAVINGS ASSOCIATION 700 NORTH WATER ST. MILWAUKEE. WISCONSIN 53202 414.278.1964 1 JHG:sk David G. K III 1 Senior Yic President ACS11OWLEDGEM El�T Acknowledged a g nd agreed to this day of December, 1987. A California Limited Partnership M r. Jonathan Ks Vaniar December 7, 1987, Page 2 3, Deliver • y to the Association n of endorsements to its existing mortgage . • insuring the Association's lien and security interests title insurance policies i g . covering the mortgaged property* f the requirements in the applicable Loan 40 Satisfaction by An geles o 9 and /or Bond documents. • be no Event of Default (as that term 5. On the Closing Date, there shall the • Reimbursement is def fined in the Reimburse Agreement) which has not been cured by 8 Partnership. ' subseq The consent of the Association to any prepayment of the Loan q p and redemption of the Bonds is subject to Angeles' satisfaction of the requirements in the applicable Loan and /or Bond documentse A ssociation informed with respect We request that you keep the A t to your nd the 'n forward with the transactions as des time table therefor so that appropriate documentation can be prepared by our p p counsel and furnished to you for review well in advance of the Closing Date. understanding between the Association If this letter accurately sets forth the u g and Angeles, please have a o of this letter executed on behalf of t he appropriate limited partnership i• copy d rtnershi n the space below and returned to us. Very truly yours, FIRST FIN IAL SA INGS ASSOCIATION B Y- General Partner By: Title: TO:. FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT: DATE: Introduction The applicant is re final plat approval to create twent five single-dwelling lots. Comments The cit engineer has determined that the run -off - from this site can be - stared in a temporar storm water pond on proposed Lots Nine and Ten, until a pond to the east is constructed. Condition Two (see past actions) had re the ac of the off- site ponding easement because the applicant had not original I y considered a temporar pond to be practical The applicant has,, however, petitioned the cit to construct the planned storm water pond to the east of his propert Each of the other condition% has been satisfied, Recommendation Approve the Carver Heights final plat, A F on, MEMORANDUM Cit Manager Date, Randal I Johnson, Associate P I a r r� Final Plat. 2350 Ca Avenue Walter Ebertz Carver Heights December 21, 1987. SUMMARY The applicant is re final plat approval to create twent five single-dwelling lots. Comments The cit engineer has determined that the run -off - from this site can be - stared in a temporar storm water pond on proposed Lots Nine and Ten, until a pond to the east is constructed. Condition Two (see past actions) had re the ac of the off- site ponding easement because the applicant had not original I y considered a temporar pond to be practical The applicant has,, however, petitioned the cit to construct the planned storm water pond to the east of his propert Each of the other condition% has been satisfied, Recommendation Approve the Carver Heights final plat, REFERENCE .Past Actions B-11-86: Council approved the Carver Hei preliminar plat subject to the +allowing conditions being satisfied before final plat approval: in Submittal of a developer's agreement, with re suret to the cit engineer for the re public improvements. This agreement shall include the constructor of a temporar cul-de-sac for the street stubbed to the east p r opert y I ine of +-site storm sewer, and pond construction that will not be a public project, detailed specifications for the excavation a.+ the steep slope on the westerl boundar of the site and removal of the above- ground Utilit lines and poles. 2 4 Ac b the cit or developer of a public ponding easement and accompan storm sewer easements for the three- acre.w400t pond planned on the adjoining propert to the east, The applicant shall construct a storm sewer from the Carver Heights plat to the proposed pond. Dependent upon the size of the pond ing easement obtained, construct ' ion of a pond ma be deferred until the area surrounding the is developed. The cit engineer ma waive the construction of the plannned storm sewer from this pond to Fish Creek, if the applicant can document that the pond will not need an outlet until the drainage area is more full developed, 3. An easement shall be submitted for a 108-foot -diameter temporar cul-de-sac for the street to be built to the east propert line. 4w The streets in the plat shall be named as follows: an The north-south street shall be named Dorl and Road. b. The permanent cul-de-sac shall be named Overlook Circle. c . The street buil t to the east propert I ine shat I be namded Heights Avenue beginning at the Southeast corner of Lot 11 Block 1 as the street is re to be realigned in Condition Five. 5 a The alignment of the street to be built to the east propert I ine shall be revised to be consistent with the area street concept map on page 12 of the staf + report dated 7-1-86 It 6. Water q ualit y management and erosion-control plans must be approved b the cit engineer. These plans shall compl with the following sections of Cit Code: 9-191 (1) (c), 36-566 (+) and 36-567 (b) a 2 7 R The radius f or the permanent cul. -de- sac shal l be increased from 50 to 60 feet B. City engineer approval of final grading, drainage and ut i l it Y plans . _ The proposed storm sewer from the north -south street to Fish Creek shall be el i m i nated . Site drainage shall be directed to the planned pond on the property to the east. A ten-foot-wide storm sewer easement shall be shown along the east property line p Y of Lot 15 Block 1, as required to be revised in Condition 5 B-10-87: Council approved a one -year time . extension for this p 1 at . mb Attachments: 1. Location flap 2. Area Street Concept--Approved Preliminary Plat 3 . Final Plat (8 1/2 x 11) 4. Final Plat (separate attachment) 3 . ' • • y 'uo Q L rM or v • iT R � R 73 & DO I Mr *00 AVE NAME 0C . R R W • � • C s F R R g F F f CaR vE AVE , ol R ITICAL .! A 20 F F V141 4GE - OF NEWPORT• • r • , Lo be) -4t ' "',.., -- L�'`�' X •� •-_,, ► _ Iris• �S'J 880 G e�+° -1_ �! to , IL x 96' fM• .�. .. �- - 1z ki • 879.0 w ` � �t� (7 � � �' �' -- ' : �.': 1:. � ' '•' � ��„/ _. •..� ' Q om/ vA • ► 8 39.0 :�::�:•:• ' : n __��• sao► Williams Brothers 7 Pipelines _-;�• • • }:• . x 865 0 'f3 "800 ;,.:;.;.$•.:. � 920 _ .• :.' qtr • ! 840 _. 1 ' w ' � ' '•.\ +� "fi � __ ''. � �+., ;,••......•.,.:.: • .::•::•.•. � � � ' ` r ,` -•� ` � • � - 'b . -� -;;�': •: .0 -:� : - _ ,ltd oke do -- ��J �. • _/ /•_�•- - �I , may ,, .� • � /i •�• • ,• �._a __ - ^` • O � / • % Js Ar Cb � 77-7- 7.:� !22.G �o _ 1 . IN _ _ � mow- • �•~ •� � `•1_ Q �: � � �•\ -. i • Rq AREA STREET CONCEPT (Preliminary,Plat 8 -11 -86 APPLICANT'S SITE j Attachment 2 ' � '�++.�..u..•...�.••.ti•.�.f..w�r w_. «•.�..._... �.. „•.•.. .. . _. ..•.._ ... ."w•�..r �•w��nw._w -wv •... w.� _.. -. •,-.w , 5 p Ira - t j FINAL PLAT 6 Attachment 3 4 N bale, '� � Y s � . ` ��,a+o�� t • ro � • � � O i to o 0� "Orl± ar v a •r IDS 63 't . dMO _ • + do �� ' R Ot - - VO E-- - -- 4 -•- __. FINAL PLAT 6 Attachment 3 4 N AGFN , : , DA # MEMORANDUM. TO: Mayor '& City Council FROM: City Manager RE: Secretarial Desk and Chair DATE: December 22, 1987 INTRODUCTION A ction by C ou , 11 0 ar: a Endorse �T Rejecte Date There are currently two desks in the secretarial area . servi na the Cit Manager /Finance Department. One was .Puirchased in February of 1987. The other is an older, bl metal wi th a right return .on it In order to arrange that office properly, a desk with a left return is needed. A replacement chair is also needed. This will also enhance the appearance of the office. Two quotes were received, the lowest from S.P.S. Office products, as follows: S.P.S. G.O.P. Desk $ 731.40 $ 750000 Chair 286.06 300.00 Total $ 1 $ This amount was included in the 1987 Budget, RECOMMENDATION It is recommended that authorization to purchase the desk and chair from the low bidder, S.P.S., in the amount of $1,017.46 be granted. MAM :1 n b AGENDA I �� MEMORANDUM TO: Mayor and City Council FROM: Cit Mana RE: Human Relations Commission Biennian Report DATE: December 22, 1987 Ac-11-.210ri E ncl. o r s e.,, YL o d i f i e Dat The attached copy of the 1985-86 Human I Relations Commission Biennial Report is submitted for y our acceptance. MAM: I n AGENDA REPORT To: City Manager Michael McGuire From: -Chi of of Police Kenneth V Collins Subject: Domes � tic Intervention Grant Date: December 22, 1987 Introduction Action by, Co oil Modifie e j ecte D ate - To enter into agreement with Ramsey County Community and Economic Develop— ment Department to facilitate grant moni for the Maplewood Domestic Intervention Project, Background In August of 1987, I met with the City Council, along with Lois Severson of the St. Paul Intervention Project and City Prosecuting Attorney Martin Costello. The purpose of the meeting was to advise them of our plans for a Maplewood Domestic Intervention Project and our application for grant monies. The Council introduced and passed the resolution contained in the attached minutes. On December 2, 1987, I was advised that we had received our grant and could proceed with our intervention project. In order for us to receive the grant, we are required to carry out the service that we set forth in the grant, appoint a li person who shall be responsi for the admi ni strati on of the block grant pro ject and coordination with the County and handle the funding as set forth in the grant set up by the County, Recommendation I am recommending that the City approve the agreement by the City of Maplewood and the Community and Economic Development Grant Program and that Finance Director Daniel Faust and myself be named as liaison persons. Action Required That the City Council approve our joining in an agreement with Ramsey Count as facilitators so that we may receive t h i s funding. KVC: j ; r f� J •f AGENDA REPORT To: City Manager Michael McGuire From: -Chi of of Police Kenneth V Collins Subject: Domes � tic Intervention Grant Date: December 22, 1987 Introduction Action by, Co oil Modifie e j ecte D ate - To enter into agreement with Ramsey County Community and Economic Develop— ment Department to facilitate grant moni for the Maplewood Domestic Intervention Project, Background In August of 1987, I met with the City Council, along with Lois Severson of the St. Paul Intervention Project and City Prosecuting Attorney Martin Costello. The purpose of the meeting was to advise them of our plans for a Maplewood Domestic Intervention Project and our application for grant monies. The Council introduced and passed the resolution contained in the attached minutes. On December 2, 1987, I was advised that we had received our grant and could proceed with our intervention project. In order for us to receive the grant, we are required to carry out the service that we set forth in the grant, appoint a li person who shall be responsi for the admi ni strati on of the block grant pro ject and coordination with the County and handle the funding as set forth in the grant set up by the County, Recommendation I am recommending that the City approve the agreement by the City of Maplewood and the Community and Economic Development Grant Program and that Finance Director Daniel Faust and myself be named as liaison persons. Action Required That the City Council approve our joining in an agreement with Ramsey Count as facilitators so that we may receive t h i s funding. KVC: j Councilmember Anderson moved to waive the Rules of Procedure and extend the meetinp.until 11:15 P.M. Seconded by Councilmember Bastian. Ayes - all Resident at 91 E. Skillman Glenn Peterson, 1999 Jackson Ray Berggren, 1985 Jackson d. Council referred the item to Staff. 4. Limiting Growth a. Council tabled this item. 5. Ordinance : Authorizing Issuance of Citations a. Manager McGuire presented the Staff report. b. Councilmember. Anderson moved first reading f an ordinance ' g e authorizln� certain City Employees to issue citations for code violations. Seconded by Councilmember Juker. Ayes - all. 6. Domestic Intervention Project Grant a. Director of Public Safety Collins presented the Staff report. b.. Lois Severson, St. Paul Intervention Project and Martin Costello J City Prosecuting Attorney, spoke on behalf of the program. C. Councilmember Bastian introduced the following esolution g and moved its adoption: 87 -- 8 - 162 WHEREAS, the problem of family violence has reached epidemic levels in Ramsey County, and affects all aspects of our lives; and WHEREAS, violence in the home is the underlying cause of increased street violence, childhood learning disabilities, teen -age pregnancy, drug abuse, alcoholism, rape, suicide and homicide; and and WHEREAS, violence is learned behavior and children imitate their parents; WHEREAS, the Mayor and City Council of Maplewood recognize Q P g the concept of intervening in order to interrupt this generational cycle of violence in the family by using the criminal justice system to impose and enforce Y p legal sanctions in order to control and end violence in the home; and WHEREAS, the Maplewood Intervention Project will start providing � p o iding out - ` reach services to domestic assault victims and assailants in October 87 f 1 0 9 and will be providing services to families who would otherwise not receive service (there is a 67% turn -away at metro area shelters); and - 19 - 8/24 WHEREAS, the Maplewood Intervention Project is committed to working agencies and R cooperatively with Maplewood City g Ramsey County agencies to ` coordinate services to families suffering the effects of violence. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council supports the program goals of the Maplewood Intervention Project and wishes to en- courage the further development of community support for this program, Seconded by Councilmember Anderson. Ayes all. 7. Approval of Tower Plans and Easement Agreement - Water Service District lstrlct 8 Improvements - Project 86 -15 a. Director of Public Works Haider presented the Staff report, b. Mayor Greavu moved to authorize the agreement with property owners Ray and Chad Lemmons to ac uire the Water Service District 8 tower site and the Sterling Street r ! ht :of way Seconded by Councilmember Juker. Ayes - Mayor Greavu Councilmemb Y ers Anderson, Juker and Wasiluk Nay - Councilmember Bastian 0 Municipal State Aid Street Fund Report a, Councilmember Anderson moved to direct Staff to have street construction plans submitted and approved b the district state aid en ineer A rior to December 31 1987, and to prepare a pland for Council approval outlining state - aid expenditures in 1988 and 1989_ Seconded by Mayor Greavu, Ayes - all. b, Councilmember Anderson introduced the following resolution and moved its adoption: 87 -8 -163 WHEREAS, the City Council has proposed that the area described as Southlawn Drive between Beam Avenue and County Road D be improved by construction of sanitary sewer, water main,* storm sewer and streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer, who is hereby instructed to report to the Council with all convenient speed advising the Council in a preliminary way s to Y whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Juker. Ayes - all. 9P Addition to Battle Creek Park a. Councilmember Bastian moved that the Council su ort the-acquisition of Parcel No. 81 in the Battle Creek Regional Park from Metro Council funds _- 20 '- 8/24 ... - .... - , a •r, ,:. t-!v» .... .:. a ,-r -7 •c• r 'mo '7117111-11 R1 , 114" III- 0 9L RAMSEY COUMY Office of the Executive Director 286 Court House 15 W. Kellogg Blvd. Saint Paul, Minnesota 55102 (612) 298 -598.0 Terry Schutten, Executive Director November 30, 1987 County Commissioners Diane Ahrens John T. Finley Ruby Hunt Duane W. McCarty Hal Norgard Donald E. Salverda Warren W. Schaber Kenneth v. Collins Chief of Police City of Maplewood 1830 E. County Road B Maplewood, Minnesota 55109 Dear Chief Collins Enclosed please f ind two copies of the agreement between Ramsey County and the City of Maplewood for the Maplewood Intervention Pr'o,;ect , ' Please nave both copies signed. by the appropriate officials and returned to me with the stated insurance documents. If the St. Paul Intervention Project actually carries the insurance required, copies of their policies will be accepted by our risk manager. If this is not tree case, Maplewood should then provide to the County evidence of insurance. Please note, that the County does not need to .be named as additional insured on the general liability coverage. Should you have any questions, please feel free to contact me at 292 -6461. We look forward to working with Maplewood and this project, sincerely, Judy A. Karon, Director Community and Economic.Development Enc: mwpol.agr 46 c!40i;La g DEVIATION FROM CONTRACT INSURANCE REQUIREMENT on tr ac t i n D e •- �i �c�.f -��- C ontracting p � � � _,�,)Contractor. ,... Signature of Department Head Date Coverage affected: Limits .requested: Requirement: •. General Liability From: To: Add Dele Vehicle Liab From : Too Add,, Delete Work Comp. From: To: Ad d,, De 1 e t e..... Prof L i ab . From: T 00 Add,_,_, D e 1 e t e,,,,_, 0 woom other : From : To : man 411— Add,_,,,, De 1 e te,,,,�„ Address following factors to support deviation (as applicable) : 1.. Risk factors (frequency and severity of potential claims): 2. Necessity of contract to 'the County: 3. Community impact: 4. State, licensing insurance requirements: S. Availability of insurance: 6* Cos t of insurance: 7. Efforts by insured to secure appropriate coverage (s) - provide supporting documentation: NO 8 . Other Comments: A4fu� MW am �� ww am w am � am � ww� =W� ~am wm wA QM w• am �w mft w �=w wam MW wm w wiw we w. �w ww � w* "a "WMm am � am am "M am am w0.. Submit to Risk Management Department Approved: Not Approved: Reason: On R sk Manager Date RM12 (04- 21 -87) 211.23 RAMSEY COUNTY. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between RAMSEY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA AND CITY OF MAPLEWOOD This agreement, entered into this day of , 198, between Ramsey County, a politica su division o t e State of Minnesota * (hereinafter referred to as the "County ") , and City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (hereinafter referred to a.s the "Agency ") : RVrTTAT_Z A. The County is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93 --383 as amended, and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions -.for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; C. The County desires to have certain services performed by the Agency as described within this agreement, and as authorized by Ramsey County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; D. It is appropriate and mutually desirable that the Agency be designated by the County to undertake the aforementioned eligible activities, so long a the requirements of the Act, HUD regulations, state law and local law are adhered to, as provided for herein; E. The purpose of.this Agreement is to provide for cooperation between the County and the Agency, as the parties in this agreement, in implementing such eligible activities in the manner described above; a F. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota; G. The attached exhibits as listed below are hereby incorporated in this agreement .and made a part hereof. Application for C funds dated August 31, 1987 Subsequent letters dated September 10, September 21, 1987 H. In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. PART 1. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT The Agreement between the parties shall consist of the signature page, the general conditions; the federal, state and local program requirements; the evaluation and record keeping requirements, each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached,as exhibits to this Agreement. 2. , SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the Exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate exhibit. This Agreement may be amended from time to time, in accordance with the general .con.ditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. 3. COMMENCEMENT AND TERMINATION OF PROJECTS Upon release of project -- related funds by HUD pursuant to federal regulations, the County shall furnish the Agency with written notice to proceed. No work on the. project shall occur prior to the notice to proceed without written approval from the County. Termination dates for individual projects shall-be specified in the appropriate exhibits. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. 4. ADMINISTRATION A. The Agency shall appoint a liaison person who shall be responsible for the overall administration of block grant funded project(s) and coordination with the County. The Agency shall also designate one or more representatives who shall be authorized to sign the monthly Voucher and Reporting Form. The names of the liaison persons and representatives shall be specified in the Exhibits. K B. For all agencies which are presently parties to Joint Cooperation Agreements with the County covering planning, distribution of funds, and program execution under the Act, .the Agency remains subject to the provisions of such agreement. 50 COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for ,the services specified in the Exhibits . in an amount not to exceed $33,400. Reimbursement shall be based upon receipt of a Ramsey County.claim form B &A 308 and submitted with supporting documents and signed by the Agency's authorized representative. B. The Agency shall submit a properly executed claim form and supporting.documents no later than fifteen (15) working days after the close of each billing period to the County's Director of Community Development., The County will make payment t the Agency not more than twenty -one (21) working days after said invoice is received and approved by Ramsey County. The County will issue a statement of . correction voucher i.n the event that the voucher request is erroneous. Payment does not constitute absolute approval. 6. OPERATING BUDGET The Agency. shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibit(s) attached hereto. 70 FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The Agency shall report all project income generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this .Agreement. All project income shall be forwarded to Ramsey County.. The County will maintain a record of program income received by individual projects for future use for eligible CDBG activities. B. The County makes no commitment to future support and assumes no Obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C. Should anticipated sources of revenue not become available to the County for use in the Community Development Block Program, the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 3 8. AMENDMENTS Either party may request modifications in the scope of services., terms, or conditions of this Agreement. Proposed modifications which are mutually agreed upon.shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 91 ASSIGNMENT AND SUBCONTRACTING .A. The Agency shall not assign.any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days. prior to the date of any proposed assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of.this Agreement and proper bidding procedures containe.d therein. The Agency agrees that it. is as fully responsible to the County for the acts and omissions of its subcontractors and of their employees as agents, as it is for the acts and omissions of i own employees and agents. 100 HOLD HARMLESS AND INDEMNIFICATION A. The Agency further agrees that it is financially responsible ( liable.) for any audit exception which occurs due to its negligence or failure to comply with the terms of this Agreement. B. The Agency, if a unit of local government, and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, agents and employees relating to activities conducted by either under this Agreement, the Act or the Regulations, up to any applicable statutory limits of tort liability. The Agency, if not a unit of local government, shall indemnify and hold harmless the County, as provided in the preceding sentence, except.that no statutory liability limits shall apply to such indemnification, and the County does not agree to indemnify any entity that is not a unit of local government 11. INSURANCE A. General Requirements The Agency shall obtain and maintain insurance coverage as set forth below, and /or as required by County, shall also require all contractors, subcontractors-and other agents performing work on any project hereunder to obtain and maintain insurance coverage as set forth below; which insurance coverage shall protect the insured from claims which may arise out of or result from the Agency's operations under this Agreement, whether such operations be 'by the 'Agency, o.r any subcontractor, assignee, employee, or Agent thereof; or by anyone for whose acts any of them may be liable. B. Comprehensive General Liability Comprehensive Gene Liability Insurance �1C• , -rte a4id shall cover bodily and personal injury and property damage, in minimum limits of $600,000 per occurrence and $1,000.000 aggregate. C. Automobile Liability Automobile liability insurance shall cover owned, non- owned . and hired automobiles in the minimum amount of $600,000 combined single limits. D. Workers' Comp nsation Workers' Compensation insurance shall be obtained and maintained as required by state law. E. Professional Liability Insurance Professional liability insurance shall be obtained and maintained for any and all professionals providing services to projects hereunder in minimum limits of $600,000 per occurrence and $1,000.00 aggregate. F. Certificates of Insurance The Agency shall not commence performance of this Agreement until the insurance required herein has been obtained and acceptable certificates of insurance filed with the- County. Certificates shall provide that the insurer will give the County thirty (,30) days prior written notice of cancellation, non- renewal or any material changes in the policy. Certificates of insurance shall be attached to this Agreement upon its execution. 12 . CONFLICT OF INTEREST A, Interest of Officers, Employees or Agents - No officer, employee, or agent of the Agency who exercises any functions or responsibilities in connection with the planning and carrying out of the Block Grant Program, or any other person who exercises any functions or 5 responsibilities in connection with the Program, shall have any personal financial interest, direct or indirect, in this Agreement, and the Agency shall take appropriate steps to assure compliance. B. Interest of Subcontractor and Their Em to ees - The Agency 11 agrees that i t . wi incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any financial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor 'further covenants that in the. performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the Agency and the County. 13, TERMINATION A. This Agreement is subject to termination upon thirty (30) days written,notice by the County should: (1) The Agency mismanage or make improper or unlawful use of.Agreement funds; (2) The Agency fail to comply with the terms and conditions expressed herein or the applicable regulations and directives of the Federal Government, State, or County; (3 ) The Agency fail to provide work or services expressed by this Agreement, or (4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material respect. B. This Agreement may be terminated by the County immediately upon the receipt by the County of notice of the loss of federal funding for the Community Development Block Grant Program or any project of the Agency. . C. This Agreement i's subject to termination upon thirty. (30) days written notice by the Agency should: 0 (1) The County fail in its commitment under this Agreement to provide funding fo.r services rendered, as herein ,provided; or (2) Block Grant Funds become no longer available from the Federal Government or through the County. D. Otherwise this.Agre.ement shall terminate on the latest termination date specified on the Exhibit(s) attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement. E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant Fund. F. In 'the event that termination occurs under paragraph A(1) of this section, the Agency shall return to the County all funds which were expended i-n violation of the terms of this Agreement.. PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS 1. PROCUREMENT STANDARDS In awarding contracts pursuant to this Agreement, the Agency ..shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained.perce.ntages. In addition, the Agency shall comply with the requirements of the U. S . office of Management and Budget Circular A -102, relating to bonding, insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and no /10.0 ($10,000.00) Dollars. Where federal standards differ from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and no /100 ($10,00 Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten'Thousand and no /100 ($10,000.00) Dollars. 2, ENVIRONMENTAL REVIEW A. National Environmental Po icy Act - The County retains .fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (29 CFR pt. 58). The County may require the Agency to furnish data, information and assistance for the County's review and assessment in determining whether an Environmental Impact Statement must be prepared. b 7 B. State Environmental Policx Act - Agencies which are Branches of government under Minnesota Law retain responsibility for fulfilling the requirements of the :State Law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota Law, the. County may require the agency to furnish data, information and assistance as to enable the County to comply with the State Environmental Policy Act. C. Satisfaction of Environmental Requirements - Project execution u der t i s Agreement by either the County or the Agency shall not proceed until all applicable requirements of the National and State Environmental Policy Acts have been satisfied. The County will not issue a written notice to proceed until all.such requirements are met. 3. NONDISCRIMINATION A. General The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis nor or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing anal Community Development Act of 1974; Civil Rights Act of 1964; Title VI; Civil Rights Act of 1968; Title VIII; Executive. Order 11063; Executive Order 11246; and Section 3 of the Housing and Urban Development.Act of 1968. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR.570.601(b)(1 -3) and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570.60.1(b)(4) These requirements are summarized in the following paragraphs. B. Program Benefit The Agency shall not discriminate against any resident of participation in any block grant funded activity on the basis or race, color, sex, or national origin. (Civil Rights Act of 1964, Title VI: Civil Rights Act of 1968, Development Act of 1974)0 C. .Fair Housing ..The Agency shall take necessary and appropriate actions to prevent discrimination in federal assisted housing and lending practices related 'to loans insured or guaranteed by the f ed.e ral government* (Civil Rights Act of 1968, Title VII; Executive Order 11063) 4 LOOM D Employment 10 In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this.section. .20 The Agency shall not discriminate against an employee or applicant for employment in connection. with this Agreement because of age, marital status, race creed, color, national origin, or the presence of any sensory, mental or physical handicap,.except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other . forms of compensation, and selection for training. (Executive Order 11246 as amended) 3 To the :greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968, as amended). E. Contractors and Suppliers 1. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental.or physical handicap. Such practices including upgrading,. demotion, recruiting, transfer, layoff, termination, payrate, and advertisement for employment. (Executive Order 11246 as amended) 2. All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations on contracts and /or yearly sales of less than $10,000. 30 To the greatest extent feasible, the Agency shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act of 1968, as amended) D F. Notice 1. The Agency shall include the provisions of the appropriate subsections A, B, C, D, and E of this section in every contract or purchase order for goods and services under this Agreement and shall sent to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. 2. In advertising for employees, goods or, services for activities under this Agreement, the agency shall Utilize minority publications in addition to Publications of general circulation. 40 LABOR STANDARDS The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 USC sections 327 -333); provided that this section* shall not apply to rehabilitation of res- idential property designed for residential use by fewer than eight families. A copy of the current Davis -Bacon wage must be included in all construction bi.d specs and contracts over. Two Thousand and no /100 ($2,0,00.00) Dollars. 50 PROPERTY MANAGEMENT A. The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Three Hundred and no /100 ($300.00) Dollars or more per item, is upon its purchase or receipt the property of the County and /or federal government. Final ownership and disposition of. such property shall be determined under the provisions of Appendix N to the U.S. Office of Management and Budget Circular No. A -102. B. The Agency shall be responsible for all such property, including its care and maintenance. C. The Agency shall admit the County's property management officer to the Agency's premises for the purpose of marking such property, as appropriate, with county property tags. D. The Agency shall meet the following procedural requirements . for all such property: 11 Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification 10 number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; and location, use and condition of. the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property. 30 A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. .4. Adequate maintenance procedures shall be implemented to keep the. property in good condition. 60 ACQUISITION AND RELOCATION A. Any acquisition of real property for any activity assisted under this Agreement which occurs on or after the date of the County's submi.ssi.on of its Block Grant application to HUD shall comply with Title I.II of the Federal Uniform Relocation Assistance and Real Property Ac quisition Policies .Act of 1970 ( hereinafter referred to as the Uniform Act) (40 USC se-ction'4601) and the Regulations at 24 CFR pt. 42)0 B.. Any displacement of persons, business, nonprofit organizations or.farms occurring on or after the date of the County's submission of its Block Grant application as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act and the Regulations at 24 CFR pt. 42. The Agency shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR section 570.602(c) and (d). 7. HISTORIC PRESERVATION The Agency shall. meet�the historic preservation requirements of Public Law 89 -665 and the Archaeological and Historic Preservation Act of .1974 (Pub. L. 93 -291) and Executive order 11593`, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR pt. 800. Activities affecting property listed n or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 580 11 80 ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of. the Architectural Barriers Act of 1968 (42 USC section 4151). 9. ACTIVITIES FOR WHICH OTHER FEDERAL FUNDS MUST BE SOUGHT The Agency may use Community Development Block Grant funds for the provision of public services as described by 24 CFR section 570.201(.e)(4') or for flood or drainage facilities as described in 24 CFR section 570.2,01(c)(13); provided that the agency meets the requirements of and follows the procedures outlined in 24 CFR section 570.607 (a)(c). 10. NONPARTICIPATION IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 USC.Chapter 15). 11, NATIONAL'FLOOD INSURANCE The Agency may not receive Community Development slock Grant funding for acquisition or construction for use in any are that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of .1973 (Pub, L. 93- -2.3.4 ) and the Regulations thereunder ( 24 CFR Ch. X, subchap. B). The Agency shall comply with the Regulations at 24 CFR section.570.609. 12. AIR AND WATER POLLUTION The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 et se q.) and the Federal Water Pollution Control Act, as amended USC sections 1251 et sec.) and the regulations issued thereunder (40 CFR pt. 15). 13, LEAD -BASED PAINT POISONING The Agency shall comply with the HUD Lead -Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead -Based Poisoning Prevention Act (42 USC sections 4831 et sect.) requiring prohibition of the use of lead- based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures) ; elimination of immediate lead -based paint hazards in residential structures; and notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to 19500 12 14. NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability.of funds under this Agreement. 150 PUBLIC OWNERSHIP For agencies which are not municipal corporations organized under the laws of the State.of Minnesota, it may become necessary to grant the County a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly- owned facilities and improvements. The Agency shall comply with current County policy regarding transfer of a property interest sufficient to meet the public ownership requirement, 16. PUBLIC .INFORMATION If requested by the County, the Agency shall comply with the following: A. In all news releases and other public notices related to ro'ects.funded under this Agreement, the Agency shall including information identifying the source of funds as the Ramsey County Community Development Block Grant Program. B. For all construction projects the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds. PART III. EVALUATION AND RECORD KEEPING 10 * EVALUATION The Agency agrees to participate with the County in any evaluation project or performance report, as designed by the Count or the appropriate Federal agency, and to make available all information required by any such p y h evaluation rocess. 2 AUDITS AND INSPECTIONS records and documents with respect to all he reco matters covered p • by this contract shall be subject at all times to inspection, review or audit b .the County, Federal or State officials so authorized by law • by .the the of this contract during the period of retention specified in this Part III. 13 3. RECORDS As required by HUD Regulations, 24 CFR pt. .570, the Agency shall compile and maintain the following records: A. Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of Appendix G to the U.S. Office of Management and Budget Circular'A -102. These records shall contain information pertaining to grant awards and authorizations, obligations,'unobligated balances, assets, liabilities, outlays and income. B. Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects. C. Relocation - indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation, .(d) written offer of just compensation, (e) all documents involving conveyance, (f) settlement cost reporting statement, and. (g) notice to surrender possession premises. E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment, and its good -faith efforts to identify, train, and /or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 570.6050. G. Such other records as may be required by the County and /or HUD. 14 4. RETENTION OF RECORDS Required records shall be retained for a period of three (3) years after termination of this. Agreement, except as follows: (1) Records that are the subject. of audit findings shall be retained for. three (3) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained. for three (3) years after its final disposition. Nonexpendable property is defined in Appendix N to U.S. Office of Management and Budget Circular No. A -102, 5. REPORTS The Agency shall submit reports as required by the County on a monthly and annual basis and also prior to project execution. COUNTY AGENCY Executive Director Signature. Dated: Approved. as to form: Ass s ant Ramsey County Attorney Recommended by: CdmmunitV affd Economic Devblopment tA- i 21 L Bu g ti g an Acc unting • /0 Risk Management Name Type Title Date: 15 . o i : ol by ouno 9 Modif d MEMORANDUM Re j ecte , TO: Michael A. McGuire, City Ma FROM Robert D. y Hager Odegard, Director Parks and Recreati SUBJECT: Park Ava i 1 abl i l i t e on y Charge (Commercial and Indust 'al Pro DATE: December 22, 1987 perty) Maplewood Ordiance No. 590 Sec, 2 indicates that the devel • • 1 .67 �nd� devel o tract of land in the City which is to b . .� .f any e level o.ped for commerc a l , industrial shall dedicate to the public for ub or like uses or open space p � �c use as parks play grounds • p p e, such portion of his develop tr with sa � d rate to be rev i reviewed annually � _act equal to 7/ nnua l ly i n December. The Park and Recreation Commi .. ion reviewed the ordinance on December 21. 1987 and recommends the Commercial o PAC charge continue at 7% for 1988 E t l on by Council 4, Endorsed MEMORANDUM Rejected Date TO: CITY MANAGER FROM: CITY CLERK REGARDING: CORRECTION OF MINOR ASSESSMENT ERRORS DATE: DECEMBER 22, 1987 When the current assessment rolls were adopted b Council 1 and levied with t p y he taxes, minor errors in addition, multiplication, etc. were found. The County is requesting that a resoltuion be adopted to allow the corrections. In the p ast the Council has passed one resolution allowing the changes, WHEREAS, the City of Maplewood has levied special assessments on the following projects and for the following services . to wit: 1. Frost Avenue Improvement 83 -01 29 Beam Avenue Water Improvement 84 -12 30 Water District 6 Tank Improvement 86 -03 4. County Road C Water Improvement 86 -04 5. Hillwood Drive Improvement 86 -0'5; and WHEREAS, there are certain minor errors and i ncon s i stanc i es which the City wishes to correct; NOW, THEREFORE, BE IT HEREBY RESOLVED that the Council of the City of Maplewood authorizes and directs the City Clerk to make such corrections and adjustments as are deemed necessary; and BE IT FURTHER RESOLVED that a copy of this resolution shall be presented to the Ramsey County Department of Taxation as authority to make such corrections and adjustments in the assessments hereinafter set out. Ac o .., �, ,� . � g , � .,,t r i. a a. t 1 ' d MEMORANDUM. Modif 1 ed R ejected ... TO: City Manager Dat FROM: Associate Planner -- Johnson .SUBJECT: Code Amendment (Gas Pumps in a BC -M D APPLICANT. C ity Staff DATE: December 3, 1987 SUMMARY Introduction Staff is requesting that council amend the BC (M) , business commercial (modified) zoning district to allow as sales with no more e than two pumps on a single island, Background 1. 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 20 5--12 -8 6 : Council denied the above amendment at second read i n g• 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 30 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 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 compat ' p table with the LSC land use designation. Also, each of the BC (M) districts is planned for LSC use. Recommendation Adopt the ordinance on page 6. REFERENCE Community Services The results of a 25 -cit .surve re the re of convenience fuel stations is on pa 3. Twent of these 25 cities allow convenience fuel sales in nei commercial districts that abut residential, districts, g enerall y b conditional use permit. However, onl one of these communities, Coon Rapids, limits the number of pumps, such as proposed for the Maplewood code. Areas Affected A map of the location of each B C (M zoned parcel that is planned for LSC use is on pa 5. j Attachments 1* Communit surve 2* Map of BC (M) propert planned for LSC use 3e Proposed ordinance COMMUNITY SURVEY Maple Grove No New Brighton Yes CUP -- Canopy must comply with front yard 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 pumps. 100% opaque, 10 —foot high screening when within 75 feet of abutting residential property. Gas must be a secondary use. 3 Attachment One Regulation of Convenience Shopping with Gas Pumps (No Repair Facilities) - Permitted in Neighborhood Shopping Districts Adjacent to Residential Uses How Re ulated Apple V a l l e y Yes CUP for the pumps Blaine Yes CUP Brooklyn Center Yes Not permitted to abut single dwelling 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 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 yard 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 pumps. 100% opaque, 10 —foot high screening when within 75 feet of abutting residential property. Gas must be a secondary use. 3 Attachment One q 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 and no.outside displays. South St. Paul Yes CUP -- Pumps must be screened from residential uses. Vadnais Heights Yes CUP -- Greater setbacks than normal, limit the hours of operation. West St. Paul Yes CUP White Bear Lake Yes CUP 4 - - -- } — ,• - suss• t +.�� 3 �� _ - -mss ---- = -- - - -. ( � J '` ' � "_ r 1 R rt . I i1 •r-' .r R 11 I -7 A Logh-I a Ac of �— _ j �� Beam Avenue _ ,i.7F& 4L- ' NMI � " � �• J 'TTT 1 fi?7 " I, � �., , UL .� R R LM F — YI r R • ��c� s t o — &L F. - IC • "IA. i t 7faIiL L t� � � -. Y 1 �. . •�� ass I is •yam _ r v Z7_. v..• LC Is Sc e ra I Frost Avenue--- �•.. - r • -� . II �" �� t/: ' •R :1 �'• 'R! J .♦_ i �.� ' a fC ;I�lu� i t : �� J r ,.� R ' R f R R R �� .t�• -y� CRS �•� ! M _ I _ � C � � j1 R i��R Au R "a � • / It Ra ^r ,.•. V �, 1 1 1 • t �C IF its 1 Rjl f r rr + / • M� IIG *or _ Sr H ALL d " 'J w r i r1 4 _ . .t � C f'' of W t � ac L li p I d .,y 7 ` UU SRI Ic so' ` � L�1J1 •1 � , 1 Sc a a wr.A&L AL 3M Conway Avenut Undeveloped Property Zoned BC(M) and planned for LSC uses 5 Attachment 2 4 N ORDINANCE NO. 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) Spee-i-a-1 Conditional use permit. The following uses may be allowed when authorized by the city council by means of a spee-i-al Conditional use permit: (1) All uses permitted in R -3, Multiple Dwelling Districts, e- *eft - tie --eens t rs- t- i -ea --e f in s-es- e- -t- - eel- 4 -n- -R - I - and ---- (2) Laundromat or similar automatic self- service laundry. (3) Restaurant, where 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 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-garage (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 : 4gie- All buildings or accessory structures, except trash enclosures but includin fuel pump islands and canopies shall have minimum side and rear yard setbacks of fifty, (50) feet and a minimum front yard setback. of thirty (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 sball 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, 000 square. - ) feet, or part thereof, in excess of two thousand (2, 000) square eet. Section 2. This ordinance . shall take effect upon its passage -and publication. p P g Passed by the Maplewood City Council this day of , 19$7 Mayor Attest: City Clerk Ayes-- Nays-- 7 f Planning Commission — 4 — Minutes 12 -7 -87 Commissioner Rossb.ch moved the planni commission recommend adoption of the mat rial extraction dinance, subject to: 1. Limitation of the hours of op ati on. 2. Limitation of the h ight o the dikes. 3. Rehabilitation screen'n . 49 No on —site repair of h i nery. 5. Require permit app i cati to state how appl icant w i l l deal with the concerns of area es i dents Commissioner Cardi 1 seconded Ayes - -Axdah l , Ayers, Barrett, Cardinal, Fi of a, Goi ns, Larson, Rossbach, Sigmundik, Sletten E. Code Amendment:, BC(M) District —Gas Pumps Commissioner Ayers moved the planning commission amend the BC(M), business commercial (modified) zoning district to allow gas sales with no more than two pumps on a single island. Commissioner Goins seconded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fi of a, Goi ns, Larson, Rossbach, Si gmund i k, Sletten F. Variance: Bradley (Desoto Associates) Secretary Ol son plai ned the staff eport and discussed the proposed lot width variance with the commis oners. Richard Schreier, 21 5 Desoto, esti oned the minimum frontage required in the ordinances. Commissioner Cardinal m ved the planning commission approve the 2.7 —foot � lot width variance for L 4, Block 1, Kodale Addition for the construction of a double dwelling, on a basis that: 1. There are townhou s to e south, double dwellings across the street and multiple wellings cross the street. 2. R -2 zoning 3. Change in t e ordinance two yea s prior (from 75 feet to 85 feet). 4. Lot size n excess of 24 ,000 squar feet Commission r Rossbach seconded Ayes -- Cardinal, Sletten, Rossbach Nays -- Barrett, Fi of a, Ayers, Si gmund i k, Goi ns, Larson, Axdah 1 Motion failed, TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: IL"-4:z MEMORANDUM Action by C ounoi 1 g City Manager Thomas Ekst`and, Associate Planner Conditional Us.e Permit Revision Roselawn Avenue St. Paul Business Center Landsing Institutional Properties, Inc. St. Paul Businesss Center W est - December 2,, '1987 SUMMARY Introduction E n dorse �aar.i�mtsnA�o lsl�e Moth ie +-_.Rr�s9i�a�R Rejecte Da te The applicant is requesting approval to add 13 parking spaces at the south end of their site. Although the entire complex meets code requirements for parking, the applicant feels the available parkin is P g insufficient for the south building. This would require a revision of the approved planned unit development (PUD) which referenced a specific site plan. Background 10 On February 19, 1981, it was determined in Ramsey County District Court that the City of Maplewood must approve this development. The city had previously denied the project on the basis that there was insufficient access to the development. 2. Condition Nine of the PUD required that the site plan, dated January 2, 1981, shall become a part of the PUD permit. All construction shall be in accordance with this plan and the conditions in this agreement. Discussion The main objection from the neighborhood to this proposal is increased traffic. Since no additions are planned to the buildings, there should not be any significant increase in traffic. The proposed parking will only provide more conven parking for the existin business in the southerly building. The parking -lot design complies with code. To control speed along the entrance drive, which has been a problem, speed bumps should be installed, and were required through the design review board's review. Recommendation Adoption of the resolution on page 15, approvi site plan revision for the St. Paul Business Center PUD. Approval is based on the findings required by code and subject to revising condition nine of the PUD to read as follows. 9. Adherence to the original approved site plan dated January 2, 1981 and the revised parking plan dated October 21, 1987, unless a change is approved by the city's community design review board, NEIGHBORHOOD COMMENTS Staff surveyed the surrounding property owners within 350 feet for their comments concerning this proposal. Of the 14 replies, four had no comment, and ten objected. A sample of the comments received are on page 9. Staff comment: This proposal should not make the existing traffic situation worse. Since no new building area is proposed, there would be no increase in traf f is generated. To slow down traffic on the entrance drive, staff is recommending that speed bumps be provided. In regards to wildlife habitat encroachment, the proposed parking lot expansion will not encroach into the pond ing area, so there would be no loss of wildlife habitat. The runoff from this site will not significantly add to the runoff presently entering the pond. REFERENCE Site Description 1. Gross acreage: 11.36 acres . 2. Parking lot expansion area: 6,525 square feet 30 Existing land use: St. Paul Business Center Surrounding Land Uses (adjacent to the proposed expansion) Northerly: the business center complex Southerly: Minnesota Department of Transportation ponding easement Easterly: I -35E Westerly: single dwellings Past Actions 1. Refer to page 12 for a list of the conditions of approval for the St. Paul Business Center planned unit development. 2. 8-25-86: council renewed the PUD for five years . 3. 11- 10 -87: the Community Design Review Board recommended approval of, the site plan revision for the proposed 13 new parking stalls, subject to: a. Engineer designed plans for the retaining wall shall be submitted to the building official for approval and a building permit shall be obtained, b. Speed bumps shall be placed along the entrance drive between Roselawn Avenue and the southerly parking lot with warning signs notifying drivers of the bumps. c. An erosion control plan,.acceptable to the city engineer, shall be submitted prior to the issuance of a building permit for erosion control during construction. d. Parking areas shall be striped and all bituminous areas shall have a continuous concrete curbing. Parking lots shall be kept in a continual state of repair. e. If construction has not begun within two years of approval, board review shall be repeated. f. Grading, drainage and utility plans shall be subject to the city engineer's approval. g. Approval shall be obtained from MnDOT for the additional runoff into their drainage pond. h. The parking stall sizes shall conform to current code requirements. 3 Planning Considerations 1. Land use plan designation: LSC, limited sery ice commercial 2. Zoning: F. farm residential 11 3. Ordinance requirements: Section 36 -443. Changes in the approved PUD. "Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of the permit and of any conditions designated in connection therewith, "Any change involving structural. alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit -issued shall require an amended permit and all procedures shall apply as if a new permit were being issued. All use existing at the time of adoption of this article and by virtue thereof granted a conditional use permit shall be considered as having a conditional use permit which contains conditions which permit the land use and structures as they existed on said date and any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for above." Section 36 -442 (b) requires that ten findings be made in order for council to grant a conditional use permit. See the resolution on page 15 0 Public Works 1. Erosion control and drainage plans must be submitted for the city engineer's approval. 2. Approval from MnDOT is required since this area would drain into the state's holding pond. Minnesota Department of Transportation Refer to the letter on page 11 . kd Attachments 1. Land Use Plan 2. Property Line /Zoning Map _ 30 _Site Plan -- Existing 4. Site Plan and Grade Profile -- Proposed 5. Neighbors' Comments 6. MnDOT Response Dated September 24, 1987 To PUD Conditions 8. Resolution 4 81 • i • • • .• �• • �� 1s as now • �■ pis so ■■ • ■■ •M■ .�..s oil I � � � 1111111111111111 . ■ to111 /11111111/1 � • ■ ■ N, • small Now Os i i■�i■� 1111 11111 / /l1 moo L ai El INIM :::: . a r■ �� X11 o as� t 1 1 . .s ..�� • •ter - -� WESTERN HILLS LAND USE PLAN -'5 Attachment 1 4 N � �ss�o w�ets 0 C ze. - roas CENTER WEST P O N$ wo MRS .0 r1L IL AV Cif Cam) GL1) tSA) (a:;20a8 : a 6 S 1 0 •• X.r UD Z ..:... :. :•:• :. � �O mo •'•:•:::::::.;; ;... Po • t. • 1992 :•:::: :•:� s�. e7 to is so �� s�. f , ': ■ ■ 0 Ir 1978 (D .:: .% e. 1970 :: �.�4 NCR . _ q (4) t,,, (, +� �•� (,� (, � ('1956 o AVM - • - w Plastech . —Q_ . • _ t � 4 Aso OMEN JIM • 1 ........ 1 r T 019 �'' 7' 0 ••r t Mr Steak (presently vacant) . tit ' 93 ar�i as ?•li �? � �' � o� � "� � 4 w•� 1 c (Am) Cr•� (4 t 1928 �� s � fig S �r 1 Q .. _ •� 1' - — Rosel awn Avenue .- �• .♦ _ _ • O IN • f• ir► t s D I N - if f d ,.... s .... i s s , , I z I*: ,n 1 4 s C 1 4' e 7 b 5 4 3 t 8 a 10 0. PROPERTY LINE /ZONING MAP 6 Attachment 2 4 N i a (f) IL M � to �o ...... . 0 ( Is is :;::;.::� •.:•::.,:::::� � � -�o�.s „ &6 liar j; MLI A& ��!'•2�'�ic' % • '' '� •ir: f:::�rai'•.;:.,,: •:... O � ar tr�+M..+ �rw �.. � sarr�v �. 40 mot• • ST PAUL 6USINESS LO CENTER WEST P O N$ wo MRS .0 r1L IL AV Cif Cam) GL1) tSA) (a:;20a8 : a 6 S 1 0 •• X.r UD Z ..:... :. :•:• :. � �O mo •'•:•:::::::.;; ;... Po • t. • 1992 :•:::: :•:� s�. e7 to is so �� s�. f , ': ■ ■ 0 Ir 1978 (D .:: .% e. 1970 :: �.�4 NCR . _ q (4) t,,, (, +� �•� (,� (, � ('1956 o AVM - • - w Plastech . —Q_ . • _ t � 4 Aso OMEN JIM • 1 ........ 1 r T 019 �'' 7' 0 ••r t Mr Steak (presently vacant) . tit ' 93 ar�i as ?•li �? � �' � o� � "� � 4 w•� 1 c (Am) Cr•� (4 t 1928 �� s � fig S �r 1 Q .. _ •� 1' - — Rosel awn Avenue .- �• .♦ _ _ • O IN • f• ir► t s D I N - if f d ,.... s .... i s s , , I z I*: ,n 1 4 s C 1 4' e 7 b 5 4 3 t 8 a 10 0. PROPERTY LINE /ZONING MAP 6 Attachment 2 4 N I , • • 4 W rST fRdP 6 jeftAf— i 1 �, / ...� • .�.. Ob I 1 r � 1 •' r , ... . r �c do • O L t � � 3 �_ ,., 0 20 • 1 - 1 , r .•....... - • , • i :� •:: BUILDING f1 soft qb • • • T } . 141 W Ati P� ffZOf7. FE 1*4cE� i - =21 W SITE PLAN ExisnNa T Attachment 3 N • . • will nil • . . 1 \ , �L 1 � � 1 '7g- • -� ----- . r BUILDING ....... ....... 1 t -- F la f♦ ,; -� PA 1 14 T E o A ,ow S • �' AALQ CE"Tr M L.tuC t NEW-_ (3s.L1 —.. •, • _ top • _ _ • PROPOSED oza left :....ter..... ... ..„- - Z�� NL f& to 7tP pA.ACrC 1'0 RE t UG S T c f4 C We A 14P _T ADE PROFILE; +- . -*-..... •a — .. • PROPOSED 21 mer SITE PLAN / GRADE PROFILE 8 Attachment 4 N NEIGHBOR'S COMMENTS This neighborhood has changed from' a pleasant and fairly quiet residential area to a dirty, noisy and probably unhealthy environment with all the hauling taking place at the water works dumping site off Roselewn Ave. This con - dition is supposed to continua for many Tears according to a meeting with nn -Water Works Official the other night. The trucks are haul- ing from 6:00 A.M. to dark, and nothig is being done about it. These trucks - cause terrible noise and exhaust pollution. Also, if we are going to be assessed for any more of these investors, it would be outright rediculous. Our property id depreciating at a horrendous rata and we may almost have to give it away when we decide to sell. In other words, We don't needanT more traffic ar assessment in this area* c 7 J I object to th • .proposal because j a A a low _,0011. - If you o e ct. descri b "' e e low or drag on the enc l oSed rya that wou d make thi proj acceptable, p any change., J eptabl e. .�I object to this proposal because • a 0 WAFF I s i i 0. F % I r 9. Attachment 5 �I object to this proposal because -7,4,0. AO .*J- '002 .ace °' nv esc�e �OT s pIL �.�� object to this proposal because ziiii:ill �W4�oq OL- If o ob'ect. ' that Y � describe below or dr w on th enclose ma any cha s would make this project acceptable. 10 • �%NN�r, � Minnesota • � Q Department of Transportation ;4> District 9 OF 7aPF* 3485 Hadley Avenue North Oakdale, Minnesota 55109 September 24, 1987 .r. Telephone 7 9, - 119 0 M Tom. Ekstrand Associate Planner City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Mr. Ekstrand: SUBJECT: ST. PAUL BUSINESS CENTER (WEST) - PROPOSED PARKING LOT EXPANSION I 45E AND ROSELAWN (N QUADRANT) Yesterday I met with Mr. Todd Reid, from the St. Paul Business Center, to discuss their proposed parking lot expansion, p � of I -35E During my previous review, I wrongly assumed the arkin expanded w p g lot to be ex p as that east of I -35E (St." Paul Business Center East ). However, during yesterday's meeting r. R rectified 9 � Reid this misunderstanding. I therefore, ask that you disregard the comments rovided • n revious letter p i my p to you, dated August 31, 1987. Si n.ce no fill will be placed within Mn /DOT's Right-of-Way -W r osal g ay the proposal will not significantly impact our pond, and we have no objection to the general concept. (The sli ht increase ' d g i n run off created by the increased paved area will not si ificantl pond's o y affect the p operation), on � . -�_ However, we do ask that appropriate measures. be taken to p event erosion on the new 2.1 slope. Run -off from the parkin lot should be confined behind g the new curb line, and discharged into the pond via storm sewer, outlettin at or below ' r (868,0)., g the pond no rmal mal water level A Mn /DOT drainage permit will be required for an work within Mn DOT Ri ht- - y /DOT g of Way. Thank you again for the opportunity to review and comment • proposal. e t on this Special Use Permit for Rosel awn Center February 2, 1981 Pe 6 1 0? { f 1. The following types of uses shall be permitted in the approved buildings: office, service, warehouse, display, light manufacturing, assembly, whole- sale business, and one caretaker apartment. 2. Retail sale of goods, restaurants, and heavy manufacturing shall not be allowed. 3-a All uses must meet the following requirements: a. The Minnesota Pollution Control Agency noise regulations shall apply. Tests to verify this shall be made by an independent testing firm. The initial cost shall be paid by the City. If the test shows a violation, the cost of the test shall be paid for by the property owner. b. All pertinent laws, including number of parking spaces, building, fire, health, noise, odors, and fumes, shall be met. c. Outdoor storage of materials will not be permitted without approval from Mapl ewood' s Director of Community Development. 4. The Developers shall construct 250 lineal feet of sound wall on the west side of the access road; the top of the wall is to be 10 feet above the access road; construction of wall to be comparable to DOT sound walls or as requested by the adjacent property owners. The developers shall submit a drawing of the wall to the Director of Community Development. The Director shall forward the drawing to the adjacent property owners for comment. Within • two weeks of the mailing, the Director shall approve, require modifications, or propose an alternate design for the wal 1. The cost of the wall shall not exceed the cost of a wall constructed to the standards of a DOT sound wall. 5. Until the sewer service serving the site is enlarged, the City may at its discretion meter sanitary sewer discharge from . the site. Such discharge shall not exceed 15,000 gallons/day. 6. Included in all leases will be a clause that "no noise, odor, or conduct shall be permitted at any time which will disturb or annoy other tenants or .adjacent property owners Disturbance shall be determined by the landlord." 7. Occupancy permits must be obtained from the City Building official as required by the State Bui l ding Code. 3. Those businesses involved with exterior vehicle storage, such as vehicle rentals or moving companies, shall have one parking space for each such vehicle, in addition to those required by City Code, on the site, 12 Attachment 7 9. The si to plan, dated January 2, 1931, shal 1 become a part of the PUD _ permit. All construction shall be in accordance with thi plan and the conditions in this agreement. 10. The developer shall provide a five foot screening fence ' g nce or equivalent landscaping a 1 ong the west property l i n e for those . propert Y owners who so _ request it, 11 . The access drive off of Adolphus phus Street shall be kept chained and locked by the property owner to prevent all through traffic, except emergency vehicles, 9 Y 120 The owner shall keep he emergency p g y drive maintained and plowed. 13. Curbing shall be provided around a p 11 parking areas and where needed for - drainage control, as determined by the City Engineer, 14. Any exterior tras h ' s tora a shall be screened, Screening ' 9 c eened. � ng shai 1 be subject to approval by the Director of Community nevelopment. 150 Any exterior- li ghti ng shall be directed so as as not to cause glare onto the adjacent homes, I -35E, or Roselawn Avenue. 16. Adequate signing for vehicle and pedestrian • p n traffic shall be provided, subject to the approval of the Director of Public Safety, 17. All buildings shall be protected with a sprinkler nkl er s ste ' p system, subject ec t to the approval of the Director of Public Safety. 18. The provision of a detai 1 ed , u-- w ter and sewer ' Y plan an for the site. to . Such plan shall be subject to approval by theCi Engineer, 19. There shall be no loading doors on the western most side of bays y 7, 8, and 18. 20. All roof top equipment shall be screened. 21. The developers shall comply with the following erosion control measures: a. Immediately following rough grading, the area should be seeded with e at 1 r % bu ac. and Y 2 / covered with straw mulch at the rate. of 3500 -4000 1 . bs to provide temporary cover. The mulch shall be punched in with a straight set blunt disc where slopes es are less than 4:1. Where . p e slopes exceed 4.1, the mulch shall be covered with netting and staked. b. Permanent vegetation should be established by seeding or sodding. .Sodding should be used where overland flows will exceed 3 fps. Seeding shall be done with -switchgrass applied at the rate of 25 lbs /acre or a substitute approved by the Ramsey County Soil Conservation Service and mulched as outlined above. 13 22. The developers shall have the right to vary the floor elevations of the ' build�ngs to respond to job conditions at the site. Such changes in floor elevations and grading around the buildings shall not alter the flows or storag capaci t 9 p y shown on the approved drainage plan. 230 The approved grading and drainage plan rovi des the 10 acre-feet ' P eet of pond�ng required by the City of Maplewood. This requirement was established without an investigation of subsurface soil conditions. Soil borings will � 1 be taken and the engineering firm of Bonestroo, Roseen and Anderl i k will make a recommendation for pondi ng areas which consider soil characteri sti cs . The final requirement for pondi ng area may be reduced if the engineers neers anal ' g analysis shows it to be feasible and the Maplewood Engineer concurs, 24, If a building permit is not taken out within two years of this agreement, the PUD shall be subject to renewal by the City Council, 14 Pursuant to due call and notice- thereof a regular meeting of the City Council of the City of Maplewood, Minnesota was duly all 1 � Y ed a nd held d 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, Todd Reid of the St. Paul Business Center initiated a conditional use permit to add thirteen parking spaces at the following - described property: This property i's also known as 225 -255 E. Roselawn Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit revision was reviewed by the Maplewood Planning Commission on 198 The planning commission recommended to the city council that said permit be 2. The Maplewood City Council held a public hearing on , 198 e 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 on the basis of the following f ind ings -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, 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, gl,are , smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 15 Attachment 8 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 cau -se 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. 80 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 incorporate the site's natural and scenic features into the development design. 100 The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: is Adherence to the original approved site plan, dated January 2, 1981 and the revised parking plan dated October 21, 1987, unless a change is approved by the city's community design review board. 2. Compliance with the original conditions of approval for this planned unit development. 3. Compliance with the community design review board's conditions' ond i t i ons' of approval, dated November 10, 19 8 7 . Adopted this day of , 198 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 full, 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 , 198 City Clerk City of Maplewood, Minnesota 16 Community Design Review Board — 3 — Minutes 11 -10 -87 11. The appl i c nt shall provide a monetary gua ntee, . i n a form acceptable to st f, in the amount of 150% of he estimated costs of any site improveme is that are not completed y occupancy. 12. Stop signs and ha dicap parking sign shall be provided. 13. Fire lanes shall be arked in acc dance to the fire marshal's requirements. 14. The driveway to Beam Ave e s / 11 be 26 feet wide as the county requires. The site plan shall e revised for this adjustment. 15. The pylon signs are not i clu ed in this approval. A comprehensive sign plan must be submitted fp "r boa approval for the shopping center. 16. A landscaping plan for both sites hall be submitted for review board approval. 17. The final site plar}/shall be submitte for review board approval for the shopping centerf Board Member Ericksopf'seconded Ayes - -a VI. DESIGN REVIEW A. Site Plan Revision —St. Paul Business Center- 225 -255 Roselawn Avenue Jason Schwartz, property manager for St. Paul Business Center, was present at the meeting. Board Member Erickson moved approval of the revised site plan dated October 21, 1987 for the 13 —space parking lot expansion at 225 -255 East Roselawn Avenue. Approval is subject to: to 1. Engineer designed plans for the retaining wall shall be submitted to the building official for .approval and a building permit shall be obtained. 2. Speed bumps shall be placed along the entrance drive between Roselawn Avenue and the southerly parking lot with warning signs notifying drivers of the bumps. - 3. An erosion control plan, acceptable to the city engineer, shall be submitted prior to the issuance of a building permit for erosion control during construction. 4. Parking areas shall be striped and all bituminous areas shall have a continuous concrete curbing. Parking lots shall be kept in a continual state of repair. Community Design Review Board - 4 - Minutes 11 -10 -87 5. If construction has not begun within two years of approval, -board review shall be repeated. 6. Grading, drainage and utility plans shall be subject to the city engineer's approval. 7. Approval shall be obtained from MnDOT for the additional runoff into their drainage pond. 8. The parking stall sizes shall conform to current code requirements. Board Member Kochs.iek seconded Ayes - -all VII, VISITOR RESENTAT ON VIII. BOARD PRES TAT ON IX. STAFF PRESEN TION X. ADJOURNMENT Board Member^ Deans moved adjournment of the meeting. Board Memer Erickson econded Ayes—all MINUTES OF THE MAPLEWOOD PLANNING COMMIS 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA MONDAY, DECEMBER 7, 1987, 7:30 P. M. I. CALL ORDER Chairma Axdahl called the meeting g o order t 7.30 p .m. II. ROLL CALL Commission Lester Axdah 1 Present Commi ss i one Michael Ayers Present Commissioner-Richard Barrett Present Commissioner obert Cardinal Present Commissioner ue Fiola Prese nt Commissioner L rrai ne Fischer Absent Commissioner Al ert Goi ns Present Commissioner De is Larson Present Commissioner Geo ge Rossbach Present Commissioner Mary ' n S i gmund i Present Commissioner Ralph Sletten Present III. APPROVAL OF MINUTE It was moved and sec n ed that the plannin commission ame d the minutes of Novem r 16, 1987, Item V —A to include the sentence: "This ap 'cation was for a mini—warehouse development." The motion was app ove ayes all. IV. APPROVAL OF AGE A It was moved d seconde that the agenda be app roved as submitted The motion w s approved ay s all. V. PUBLIC HEA NGS VI. VISITOR P� ESENTATIONS VII. COMMUNI ATIONS VIII. NEW BU, INESS A. PUD Revision: St. Paul Business Center West The staff report was presented. The commission discussed whether this parking lot expansion was needed P eded ac and the impact t it would have on traffic circulation. After considerin several alternative locations, the commission agreed on the proposed location.. The commission questioned and its filling g effect on drai nage. the city engineer on the proposed g P posed It was moved and seconded that the commission recommend ap of PP the proposed p arking lot ex P g pans i on, subject to revising Condition Nine of the PUD to read as follows: 9. Adherence to the original a roved site pp to plan dated January 1, 1981 and the revised parking plan dated October 21 1987 unless a change is approved by the city's community design review board. b e R TO FROM: SUBJECT: LOCATION: APPLICANT /OWNER: DATE: A ct ion by Cou,nail �• W cam' s e d �Y+�DCtellYiRVI]GiYNui�_Wld(h yyNyi�MSliy�[f�: MEMORANDUM Reject City Manager Date Randall Johnson -- Associate Planner Lot Width and Area Variances and Lot Division 2431 Hazelwood Avenue Theodore Johnson December 2, 1987 SUMMARY Introduction The applicant is requesting a corner -lot width variance of 11.43 feet and lot -area variance of 625 square feet to split a parcel into two a single - dwelling lots. Refer to the site plan on p page ge 9 and the applicant's letter on page 10 The existing dwelling would remain on the south parcel. Discussion Approval of a variance requires findings that if: 1.) a request is denied, a hardship ill be created q p due to circumstances unique to the property and 2.) if approved, the resulting situation would be in keeping with the spirit and intent of the cod ' e . These findings can be satisfied in this case. Refer to the recommendation for th e specific findings for approval. Recommendation 10 Approve the resolution on page 11 to approve a corner -lot width variance of 11.43 feet and a lot -area variance of 625 square q feet to split 2431 Hazelwood Avenue into two single- dwelling lots. Approval is on the basis that: a. Strict enforcement would cause undue hardship because of circumstances unique to this property because: (1) Requiring this property to remain as one home site would not be a reasonable use of - the land given that the majority of developed corner properties in the area are slightly narrower than the proposed corner lot, and the smaller area of the interior lot will not be detectable, (2) Approval to split this property into two home sites would not alter the essential character of the neighborhood. In fact, it could enhance it by facilitating he development g P of the unimproved north portion of the site, (3) Subdivision of the adjoining and nearby properties created the circumstances of the request, not the present land owner. (4) Council approved a corner -lot width variance for a property one block to the south which resulted in a corner lot two feet narrower than the proposed lot width. b. The variance would be. in keeping with the s ' P g spirit r i t and intent of the ordinance because (1) The proposed lots would provide buildable areas compatible with all of the other lots in this area. (2) The proposal would not cause the eneral area to exceed ed planned density requirements. 2. Approve a lot division to subdivide 2430 Hazelwood Avenue into two parcels with 75 feet and 88.57 feet of frontage on Hazelwood Avenue, respectively. Approval is subject to payment of cash connection charges for water and sewer, 2 CITIZEN COMMENTS 28 property owners within 350 feet. were asked to comment on this is proposal. Of the 11 respondents, six are in favor, four have no comment, and one is opposed (fronts-on this property), The person opposed stated that too man lots seem to b ' Y e being proposed that require variances. This person also stated that there appears PP to be plenty of space for two 80 -foot -wide lots. Staff comment: The corner -lot variance ranted for the ' • g e Cave s Gervais Addition was justified., The smaller than standard -sized lots in Cave's Barclay Addition were acceptable because the property is planned for RM, residential medium - density use. The RM designation allows 7,500-square-foot, 60- foot -wide lots, Regarding the comment about room enough for two 80- foot -wide lots, this person is apparently unaware that corner lots are supposed to have at least 100 feet of width. The applicant has proposed lot dimensions which balance the need to comply with lot area as w P Y e11 as lot - frontage requirements. 3 REFERENCE Site Description Area: 20,450 square feet (125 x 163.57 feet) Existing, land use: single dwelling Surrounding Land Uses North and East: single dwellings South: Sextant Avenue. Across the street are two single dwellings. The corner lot at 2420 Hazelwood Avenue is 90 x 117 feet or one foot wider but 750 square feet less than the proposed lot . West: Hazelwood Avenue. Across the street is a 91.14- foot -wide single - dwelling corner lot planned for RM, residential medium-density use. Past Actions on Corner Lot Variances 10- 1g -83: Council approved a lot -width variance of 17 feet to create an 83 -foot- wide corner lot at 2108 McMenemy Street, 11 -26 -84 Council approved a lot -width variance to create an 85- foot -wide corner lot at 1700 Clarence Street, 11- 10 -86: Council approved the six -lot Bossard preliminary plat and corner lot width variances for the two 95- foot -wide corner lots. 3- 23 -87: Council approved a lot -width variance of 12.83 feet to create an 87.17- foot -wide corner lot in the Cave's Gervais Addition. On e block to the southwest.) ( Planning 1. Land use plan designation: RL, residential low density 2. Zoning: R -1, single dwelling 3. Permitted density: 14 people /net acre Proposed density (when developed) - without this lot split--15.6 people /net acre (29 home sites) 4 Proposed density (when developed) - with this lot split--16.2 net acre 3Q1 home sites) people/ ( tes ) (One block north and south of Sextant Avenue between Hazelwood Avenue and German Street.-) 40 Pol icy f rom the Plan ( Pages 18 -- 28) : The city -wide and neighborhood planning rea projecte ' g residential population have been arrived at by using an assumed average 14 g ( •, 22 in es indicated and 34 people /net acre) of each of the three ran h g the land use residential plan portion. It is recognized in the g plan that there will be areas within each of the planned density reas which ich exceed the average and in other instances which are lower than the average, depending on unique conditions of the area such as n la open space, s o i l conditions surrounding ned rrounding land uses, views and vistas, and topography. It is the intent of these projected ected resident i J al densities to be used as general guidel in the imp future land use regulations, ions of g w a well as, for reviewing residential i land use proposals n all areas of the community, y. Comment: The area in which that property is located ' i s slightly over the planned density for this RL designation. However, mile to the northeast a 27 , � a • a quarter of a hb ' acre area in the same planning neighborhood orhood (between E. Demont Avenue and Count Road C and b �'landrau and Germain Streets i y between s essentially fully developed at a density of only 4.9 people /net acre - -more than compensating for the density excess in the applicant's area. 5. Compliance with land - use laws: a. State law: (1) Section 462.358 , Subdivision 6 states "Subdivision regulations may provide for a procedure for var • ying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specif grounds set forth in the regulations." (2) Section 462.357, Subdivision 6 requires that the e following findings be made before a zoning ariance ca granted: g n be (a) Strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created b the e landowner, and the variance, if granted, will not alter the essential character of the locality. Economic 5 considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance, (b) The variance would be in keeping the spirit and intent of the ordinance, b, city code: (1) Section 30 -8 (f) (2) of the subdivision code states corner lots shall have at least 100 feet of width -- -89 feet are proposed. (2) Section 30 -8 (f) (1) of the subdivision and Section 36- 69 of the zoning code state that an interior single-dwelling lot shall have at least 10,000 square feet of area--9,375 square feet are proposed. (3) Section 36 -69 of the zoning code also states "No existing lot shall be subdivided, unless the resultin g lots comply in size with the provisions hereof." (4) Section 30-11 of the subdivision code states "The planning commission may recommend variations from the requirements of this chapter in specific cases which in its opinion, do not affect the general lan or the intent o P f this chapter. Such recommendations shall be communicated to the council in writing, substantiating the recommended variations. The council may approve variations from the requirements of this chapter in specific cases which , in its opinion, do not adversely affect the plan and spirit of this chapter." ji Attachments 1. Land Use Plan Map 2. Property Line /Zoning Map 3. Site Plan 4. Letter of request 5. Resolution 6 • Interchange _ - Principal ntorchonp• pQi arterlai __._.._ 604 Vadnals Halghts ' --- - ,+N ll.,lr Nr m a • .opal. 1 BW w 7mi R B o �_ IL 1 lo MA jor ! ' collector w DC 0 r..ttlw�w j major coil o or • �• 4� BW% , rt fi; l ' � II M 4 -z� ..i i_ . R L --- Aj -- _ os i o rte . -T LBC • -- f Ug 08 BW LOCI MGM (� R m Major coils i n � WE N BW 1 .-�--�— H p h A 3 I n nn i nt� •' i i In ►. h N .� i Q V ho V o W C -' v • O E c summons HAZELWOOD LAND USE PLAN Attachment 1 4 N 1319.3 425.38" o, w ` 241 ti w 1 ^ (js • �"� 3 m (4) ` 1 t e O , JM" e 1 2. *1 u. n . 3RD. r D ,0 ,o a • .. a� • •3 ♦�. •• Gib S• 7 a s1• �• �- I . S 6 (3t) {3Z) 9 8 .:' J 7 i J3 4 3 t :•: }•::• 1 :• ; �: };. :'=r i : r' s 14 3 :; '• �•• Z ti•. ;.� (3.07 .� ( 3 t t r. (4 2 S ac •� (4 - _ 9 (') ( r i f7) (G) (5) (4} (3) (2 (7) t (3) O i I � :�:�;: �: +: (IZ) 12 (13) � i (1�') (15} (IG} (i7) (t8) (19? : Irr:'ri '''• '1 "�• � (� Q'�'-� i (! () !3 ) ., t • 1 (4) ;:;•�•'.' j I .• 13 4, ; )4 15 ib 17 .1a 19 •:: • ::1•: 9 f O (lZ) •::::; 1 GRANDVIEW AVE. J ~ l t A V E. 1 � ' W * GRANDV s• - 4 3 r �'••• t 1 �:4? • ( ( 1 x ( (2l) (2c.. (25) (?A) (?3) ( 22) {a}2;:' :; ! . 64. as • �i K ( (i6) ( +1) �:f�!K�:• : I TeTAI_ 030 e► :: . - t'- 3 �1 t y o (33 t 3 '� (34) (35) - s 4 ° p •r (3l) (38) . c �• (39) in•0.;;:'_ o ;..; ..: Jtf (Z3� jai s a �tso (Z•+` } oe (ZC) a4 s sJr + s4 3s ioe.es (21) �. loo.a (28) I 1 8.12 de 3� �►: . ;x 13 _ t(. b 17 tb m 19 .I; := • ''ti: 8 0r6 10 a 4b 00 12 13 O i • 3j M d4' 43 49 s s ; i SERVICE '�. "DRIVE • r ot° f - 33t.• • �•• s 89 s6 E 1 � st.4sJ.is.a e• to �, ' a1 4 11 r '1 12 2. *1 u. n 02) r D Y f291.4s' i� i.�y C' (3' 7 I09Q LL �iiS.l7' 2 7 a s1• �• �- I . 4 l I w2 - - wf 129Z•77 JS•7 _- .,s.r. AIN t ti : tz. ; at-as ` o . 6(52) (44) 11 7 1t_I7 T 2 242 2 >r tcS t I w 5 6 w + z s+f.: 149.85 - Q ® Q 4''F : ( - a _ + ` 2420 .1554 =7) Corner lot —width variance `'(5�: 's (�' Q X5 toy) ,47, :•SG) (aS • 7 4 approved 3 -23 -87 4 - 13 IL 1 0. (48) - fifimmi wow 7 r S 8e 80 5o a , " • 33 �43 "$o' Sea* 85* QS' 8s' ea so' Go _ ,� �• 7!S: �. u 1 1 v J c i i u 1 i - - 7s 1 4 4 '0 1 4`1 3 �.V � ss , �' S R's,a -- - -• 01 1 .t rs� at „ •T -. •w � :.� ~� • �r � �..- , SEXTANT /� 1 �o s s •ts d 6 3 4" 3. .51 so . ' 1 a a ,�.'t +' AV E . PROPERTY LINE /ZONING MAP corner lots with less width than proposed by the applicant 8 Attachment 2 ' 1 I 32 ac ' of ' 33 ;6 ►co' Joo ,ao 100. J 1 39) , , 9t.s• • -. j 110 f • 0' �. 4 .` 1 alu•j .. 1 a (7) (G) (5) {4) r Jzo ' (3) (2) (1 11 os .rot...;, (8) rs >•t. • . • u T(1 i4 , l t. �11� 5 1 4 N (3' « 1 2 3 4 S 6 (3t) {3Z) (35) (35) ( ( 44) (43) (44 (40 (4 (33) 14 13 12 11 10 g l I w2 - - wf 129Z•77 JS•7 _- .,s.r. AIN t ti : tz. ; at-as ` o . 6(52) (44) 11 7 1t_I7 T 2 242 2 >r tcS t I w 5 6 w + z s+f.: 149.85 - Q ® Q 4''F : ( - a _ + ` 2420 .1554 =7) Corner lot —width variance `'(5�: 's (�' Q X5 toy) ,47, :•SG) (aS • 7 4 approved 3 -23 -87 4 - 13 IL 1 0. (48) - fifimmi wow 7 r S 8e 80 5o a , " • 33 �43 "$o' Sea* 85* QS' 8s' ea so' Go _ ,� �• 7!S: �. u 1 1 v J c i i u 1 i - - 7s 1 4 4 '0 1 4`1 3 �.V � ss , �' S R's,a -- - -• 01 1 .t rs� at „ •T -. •w � :.� ~� • �r � �..- , SEXTANT /� 1 �o s s •ts d 6 3 4" 3. .51 so . ' 1 a a ,�.'t +' AV E . PROPERTY LINE /ZONING MAP corner lots with less width than proposed by the applicant 8 Attachment 2 ' 1 I 32 ac ' of ' 33 ;6 ►co' Joo ,ao 100. J 1 39) , , 9t.s• • -. j 110 f • 0' �. 4 .` 1 alu•j .. 1 a (7) (G) (5) {4) r Jzo ' (3) (2) (1 11 os .rot...;, (8) rs >•t. • . • u T(1 i4 , l t. �11� 5 1 4 N Ld i ::3 U) Code requires at least 10,000 t �— square feet of area - -9,375 are ` proposed. Pro o �Sa- S I � 25. Code requi at least 100 feet • d Q of width - -89± feet are proposed.. i r ra rim ! i 5 0 24-5 Zo.6 lift. 55 ao I 00, E x 7L 7 4 NV E U U SITE PLAN 9 Attachment 3 Q N 10 Attachment 4 Pursuant to due call and notice thereof, a regular meeting 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, Theodore Johnson applied for a variance for the following- described property: The west 125 feet of the south half of Lot 7 , E. G. Rodger' s Garden Lots This property is also known as 2430 Hazelwood Avenue, Maplewood; WHEREAS, section 30 -8 (f) (2) of the Maplewood Code of Ordinances requires at least 100 feet of width for corner lots; WHEREAS, the applicant is proposing 88.57 feet, requiring a variance of 11.43 feet. WHEREAS, Sections 30--8 (f) (1) and 36 -69 require at least 10 square feet of area for single - dwelling lots. WHEREAS, the applicant is proposing 9 square feet, requiring a variance of 625 square feet. WHEREAS, the procedural history of this variance is as follows: 1. This variance was reviewed by the Maplewood Planning Commission on , 1987. The planning _ commission recommended to the city council that said variance be 2. The Maplewood City to consider this variance, pursuant to law. All persoi opportunity to be heard and also considered reports and planning commission. Council held a public hearing on Notice thereof was published and mailed ns present at said hearing were given an present written statements. The council recommendations of the city staff and NOW, THEREFORE., BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described variance be approved on the basis of the following findings of fact: 1. Strict enforcement would cause undue hardship because of circumstances unique to this property because: 11 Attachment 5 a Requiring this property to remain as one home site would not be a reasonable use of the land given that the majority of developed corner properties in the area are slightly narrower than the proposed corner lot, and the smaller area of the interior lot will not be detectable. b. Approval to split this property into two home sites would not alter the essential character of the neighborhood. In fact it could enhance it by facilitating the development of the unimproved north portion of the site. c.. Subdivision of the adjoining and nearby properties created the ci rcumstances of this request, not the present land owner. d. Council approved a corner -lot width variance one block to the south, which resulted in a corner lot two feet narrower than the proposed lot width. 2o The variance would be in keeping with the spirit and intent of the ordinance because: a. The proposed lots would provide buildable areas compatible with all of the other lots in this area. b4 The proposal would not cause the general area to exceed planned density requirements, Adopted this day of ,1987. Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPL EWOOD ) 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 , 1987, with the original on file in m office and the same i Y , s a full, true and complete transcript therefrom insofar as the same relates to this variance and lot division approval. Witness my hand as such clerk and the corporate seal of the city this day of , 1987. City Clerk 12 Planning Commission 2 - Mi nutes 12 -7 -87 B. Variances and Lot Division: 2430 Hazelwood (Johnson) The Director of Community Development explained the proposal and staff recommendation. The commission discussed the history of the lot with Mrs. Johnson. It was moved and seconded that the commission recommend approval of: 1. A corner-lot width variance of 11.43 feet and a lot-area variance of 625 square feet to spl i t 2430 Hazelwood Avenue into two si n.g 1 e- dwe l 1 i ng lots. Approval is on the basis that: a. Strict enforcement would cause undue hardship because of circumstances unique to t h i s property because: ( 1 ) Requiring this property to remain as one home site would not be a reasonable use of the land given that the majority of developed corner properties in the area are slightly narrower than the proposed corner lot, and the smaller area of the interior i of w i l l not be detectable. (2) Approval to split this property into two home sites would not alter the essential character of the neighborhood. In fact, it could enhance it by facilitating the development of the unimproved north portion of the site. (3) Subdivision of the adjoining and nearby properties created the circumstances of the request, not the present land owner. (4) Council approved a corner -lot width variance for a property one block to the south which resulted in a corner lot two feet narrower than the proposed lot width. b. The variance would be in keeping with the spirit and intent of the ordinance because: (1) The proposed lots would provide buildable areas compatible with all of the other lots in this area. (2) The proposal would not cause the general area to exceed planned density requirements. 2. A lot division to subdivide 2430 Hazelwood Avenue into two parcels with 75 feet and 88.57 feet of frontage on Hazelwood Avenue, respectively. Approval is subject to payment of cash connection charges for water and sewer. TO: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: Introduction j C:. MEMORANDUM , 'City Manager :Thomas Ekstrand -- Associate Planner Garage - Variance 2648 E. Minnehaha Avenue Robert Steingraber ° Garage Addition December 2, 1987 SUMMARY �1 Act by C ounGll Endorsed Rejected-.- Date The.applicant - is requesting approval of a 250- square -foot garage -size variance. Refer to the letter on page 7. Background 8- 17 -87: Mr. Steingraber was issued a stop -work order for constructing a garage addition without a building permit. The total garage size is now 251 square feet larger than the 1,001- square -foot maximum area allowed by code. �0 Mr. Steingraber was allowed to add a protective covering to his roof with the understanding that this was being done at his own risk, pending council review of this variance request, See page 8. Alternatives (least to most restrictive) 1. Approval as requested. 2. Amendment of the ordinance to permit up to 1,250- square -foot garages. Council adopted the present ordinance on August 11, 1986, based on a 1,000- square -foot maximum being in line with most metro area cities. (See page 9.) 3. Denial. Discussion There is insufficient justification for a variance under the findings required by the state. The applicant could keep the current garage and construct a second garage to meet code since he has a large lot. There are no unique circumstances to this property that were not created by the landowner. The basic hardship is economic, since the garage was started without a permit. The intent of this code is to keep garages in scale with the owners' and adjacent neighbors' houses and to discourage illegal home occupation, such as auto repair. While Mr. Steingraber may not plan to operate such a business, future owners might. Recommendation Denial of the 250- square -foot garage -size variance for Mr. Robert S teingraber of 2648 E. Minnehaha- Avenue, on the basis that: 1. Strict enforcement of the ordinance would not cause undue hardship because of circumstances "unique to the property ". a. The property can be put to a reasonable use by meeting the code. In addition, because of the large lot, a second garage or storage shed could be built to accommodate Mr. Steingraber's storage needs. b. The plight of the landowner is not due to circumstances unique to his property, not created by the landowner. The problem is caused by starting construction without a building permit. 20 The variance would not be in keeping with the spirit and intent of the ordinance. CITIZEN COMMENTS Staff surveyed the 33 surrounding property owners within 350 feet for their opinions concerning this request. Of the 19 replies, five had no comment, 13 were in favor, and one neighbor objected. In Favor Comments 1. Such codes are unconstitutional and a communist plot to destroy man's freedom. 2. It makes no difference in view from any side, and is his - business. 3. I don't object to the size or location. 4. There is enough land to allow this garage to remain unobstructive. 5. Larger garages are needed, particularly on these very large lots. 6. One neighbor who replied in favor stated, "my only complaint is that if he would carry on more of a business because of the expanded size of the garage ". Objection 1,000 square feet is already a very large garage. It is more than big enough for residential property. 2 REFERENCE Site Description 1 . Lot size: 1.6 acres (This is a double lot.) 2. Existing land use: single dwelling and garage Surr Land Uses Northerly: Minnehaha Avenue and Union Cemetery Southerly: Margaret Avenue and single dwellings Westerly: single dwellings and undeveloped property Easterly.: single dwelling Planning Considerations 10 Land Use Plan Designation: RH, high - density residential (the north half of the property) RL, low- density residential (the south half of the property) 2. Zoning: R -1, single - dwelling residential 3. Section 36 -6 definition: Private garage: A private is an accessory building designed or used for the shelter or storage of motor vehicles. A private garage may not exceed an area of one thousand (1,000) square feet. Private garages may not exceed one story in height. 4. Section 367.10. Subdivision 6 (2) of the state law requires that the following findings be made before a variance can be granted: a. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting,.of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his, property, not created by the landowner, and the variance, if granted, w i l l not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. j 1 Attachments 10 Land Use Plan Map 2. Property Line /Zoning Map 3. Site Plan 4. Applicant's letter of justification 5. Agreement to allow roofing 69 Garage -size survey 3 N� 6 - ff c H W ° Maryland Ave. In ; Now *� Stillwater Rd S oa C �,....,.. Harvester • RI 4 J ul SC z i'e SC Minnehaha r Conway A SC interchange •�% j rye f a -�. , 1. r a _ 1-94 t ��1 r �► Bearer Lake LAND USE PLAN 4 Ict N ` 3 .� !9� � P9 i .. 119.0 119.0 XX A) 65) • :.•.1.•• • •.::: S f + , 2648 2668 2670 3 0 0 �•. 1 t •��} �R w ESM T i Aw � .��. �� .�.�1 :, ,.T mil r� Y .. � ... � � � � . 690 L �•�:.•:.;•:::•: t - jj >- ii i • m .. �:•::4:�;;::�:� (�) Rio) ':•::::• ❑ Ig 670 �2 ►) 6 2L 2669 t� 2675 6 u N 2663 X5 • 7s -t�6r' • MARGARET a v E. s Pon, Auft.A AL •' .'' • Z8 9.O t 290 o Dt 2 ( st) 0s) (3I) (37) to 43 a Is a 03 N N e I Lxiv. 9 f or Sewer- --To Vi Iloge for h ark $i Cc�ra►e+wf%eA N LP. q- t9• DOW.. i41 t'_g►6.3 • 3 8 - 3 1 �•c•? T x- 4 - C .. OCL OS t 4S) Ci 0 z1e.0 } 1 "As 44.5'• L __ _ ao .. u 3Z (3 ' (fs) K 4 ! lot toZ 0 •• ° +s N 64S I / �. �b 1 3) z { 9 I: f , � �'�. +.� �• ...� .�� .� r wry .� � � PROPERTY LINE /ZONING MAP 5 Attachment 2 4 N H o u s� f as a Sr - -7 S9FT. FT. Lu ►,� �. �.., V7 e L - y. M I� (9 Cr CF -} 0 4 a s `% � i ' 1 r, SITE PLAN 6 Attachment 3 .b' VARIANCE OR APPEALS APPLICATION For a zoning appeals . Be 1. It will be a great inconvience to us if we don't get this additional space. We will use it for storage, equipment, and a vehicle. Be 2. 1 built the attached addition at the same roof lines and size gee door as the one next to it. We also intend to use the same style of stucco finish. The addition also matches the width of the driveway which is already graveled and landscaped, Futhermore given the addition the roof of the house and upstairs addition the size of the lot (1.7) and the proximit y to the existing garage and driveway. It will be very usefull to us and any i l y of ter ds . Robert Steingraber 2648 E. Minnehaha St. Pam., Mn. 5.5119 7 Attachment 4 OFFICE OF COMMUNITY DEVELOPMENT 612 -770 4560. AGREEMENT I, Robert Stei ngraber, understand that the City of Maplewood n me to a Y p ewood is allowi • on g apply tar paper to my partially completed garage additiMaplewood g g prior to the City Council reviewing my forth — coming garage- size variance request. I further understand that being allowed to apply • PP Y to -r paper to this addition after receiving a stop —work order in no way constitutes tutes approval of a variance or support by the city staff or city ty council. I realize that if this variance is denied by the city council, I will not be reimbursed by the City of Maplewood ewood for ' P any _portion of the cost of the roofing material applied. Robert teingraber 2648 E. Minnehaha Avenue Date 8 Attachment 5 9 Attachment 6 SURVEY MAXIMUM RESIDENTIAL GARAGE SIZE 7 -14 -86 Cities with a maximum garage size having no limit on the number of garages that can be built, Max. Area (Sq.Ft. ) Specifics Maplewood 1.4000 75% of dwelling floor area with a maximum of 1,000 square feet Vadnais Heights 900 White Bear Lake 750 Woodbury 1 Apple Valley 750 Detached 3 Attached Cities with a total combined area permitted for multiple garages: Max. Area (Sq.Ft.) Maximum Number Allowed Oakdale 750 One attached and one detached s Coon Rapids 1,200 No limit ,Shoreview 1,500 Two detached garages (750 square foot maximum each) Newport 1,008 Two Maple Grove 1, 254 Two maximum (1,000 square foot maximum for one structure) Cottage Grove 1,350 Two maximum (1,000 square foot maximum for one structure) Fridley 1 One attached and one detached (may not exceed house foundation size up to 1,000 square foot maximum) Cities with a maximum garage size having a limit -on the number of garages that can be built: Max. Area (Sq.Ft.) Maximum Number Allowed • North St. Paul 1,004 One attached and one detached Blaine 1 One attached and one detached Roseville 1 Two 9 Attachment 6 r Little Canada 10000 One Golden Valley 1 One South St. Paul No limit (attached) -- One 1,000 (detached) - One Brooklyn Center 1 Two West St. Paul 800 One attached and one detached Cities with no size limitations: Eagan Cannot exceed a 20% lot coverage -total of all buildings Columbia Heights Only one garage permitted 10 Planni Commission - 3 Minutes 12 -7 - C. Variance: 2648 Minnehaha (Steingraber) The Director of Community Development presented the request for a 250 square -foot garage size variance. Mr. Steingraber explained that he had removed a lean -to to construct the garage addition. He d id not think that he needed a permit to replace the lean-to, Commissioner Goins asked if two 1,000- square -foot garages could be constructed side -by -side. Staff replied that they could if separated by fire walls that meet the b u i l d i n g code. This seems to defeat the intent of the code. Commissioner Goins moved that the planning commission recommend approval of the 250- square -foot garage s variance for Mr. Robert Steingraber of 2648 E. Mi nnehaha Avenue, on the basis that: 1. Applicant has eliminated an existing eyesore. 2. The variance would not change the character of the area. 3. The circumstances of the buildi e x i s t i n g on a p p licant's property are unique. 4. There is no neighborhood opposition. 5. Present code does not clearly address itself to over-sized lots. 6. The code allows two garages, each over 1,000 square feet, to be constructed s -by -side. Commissioner Cardinal seconded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fiola, Goins, Rossbach, Sigmundik, Sletten Nays -- Larson Commissioner Barrett moved the planning commission refer the ordinance on garages and lot sizes to the staff for research and possible amending. Commissioner Goins seconded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fiola, Goins, Larson, Rossbach, Sigmundik, Sletten D. Material Extra4ion 0rdinaj;�ce Director of Public Works Haider explained the proposed ordinance. Carolyn Peterson, 1999 Uckson Street, representing the area neighbors, commented on the nois an vibration problems. She also questioned if a violation is i ued, w 1 work be stopped until the problem is resolved. Severa other area es i dents commented on the noise and vibration p robl s. r • Little Canada 1 000 One Golden Valley 1 One South St. Paul No limit (attached) - One 1, 000 (detached) - One Brooklyn Center 1, 000 Two West St. Paul 800 One attached and one detached Cities with no size limitations: Eagan Cannot exceed a 20% lot coverage -total of all buildings Columbia Heights Only one garage permitted 10 Planning Commission — 3 — Minutes 12 -7 -87 C. Variance: 2648 Minnehaha (Steingraber) The Director of Community Development presented the request for a 250— square —foot garage size variance. Mr. Steingraber explained that he had removed a lean—to to construct the garage addition. He did not think that he needed a permit to replace the lean —to. Commissioner Goins asked if two 1,000—square—foot garages could be constructed side —by —side. Staff replied that they could if separated by fire walls that meet the b u i l d i n g code. This seems to defeat the intent of the code. Commissioner Goins moved that the planning commission recommend approval of the 250 — square -foot garage size variance for Mr. Robert Steingraber of 2648 E. Mi nnehaha Avenue, on the basis that: 1. Applicant has eliminated 'an existing eyesore. 2. The variance would not change the character of the area. 3. The circumstances of the b u i l d i n g existing on applicant's property are unique. 4. There is no neighborhood opposition. 5. Present code does not clearly address itself to over —sized lots. 6. The code allows two garages, each, over 1,000 square feet, to be constructed side —by —side. Commissioner Cardinal seconded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fiola, Goins, Rossbach, Sigmundik, Sletten Nays -- Larson - Commissioner Barrett moved the planning commission refer the ordinance on garages and lot sizes to.the staff for research and possible amending. Commissioner Goins seconded Ayes-- Axdahl, Ayers, Barrett, Cardinal, Fiola, Goins, Larson, Ros s bac'h, S i gmu nd i k, S l etten D. Material Extrabti on Ordi naace Director of Public Wor n Haider explained the proposed ordinance. Carolyn Peterson, 1999 ckson Street, representing the area neighbors, commented on the nois an vibration problems. She also questioned if a violation is i ued, w 1 work be stopped until the problem is resolved. S rea esidents commented on the noise and vibration probl s. TO: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: Introduction j ` t MEMORANDUM ,City Manager Thomas Ekstrand, Associate Planner Lot Width Variance Bradley Street DeSoto Associates Double Dwelling December 1, 1987 SUMMARY Actio on by Ceunoll odif 1 0 ed, Rejected„ Dat e The applicant is requesting approval of a 2.7 -foot lot width variance. Code requires that double - dwelling lots be at least 85 feet wide; the applicant's lot is 82.3 feet wide. Background 7- 11 -74: This property was rezoned from R -1 single dwelling residential, to R- 2, double dwelling residential. (At that time, there were no minimum lot width requirements for R -2 lots. The R -1 lot width minimum of 75 feet was a p p l i e d . ) 12 -9 -85: Counc i.l amended the lot width ordinance for double -dwell in-gr_. lots to require 85 feet of lot width rather than _75 feet, to be consistent with the platting code. 8- 25 -87: The community design review board approved plans for a twin home on this lot, subject to: 1. The lot shall be sodded and as many trees shall be retained as practical. 2. Each dwelling unit shall have its address clearly posted in numbers that are at least 3 -1/2 inches tall. 3. The applicant shall obtain a lot -width variance prior to the issuance of a building permit. 9 -2 -87: DeSoto Associates attained fee title of this property according to the abstract office at Ramsey County, Alternatives 1. Approve the variance. 2. Deny the variance. 3. Initiate an amendment to the zoning nd subdivision n ordinances to allow a lesser frontage requirement for double dwellings in R -2 zones 4. Initiate an amendment to the code to "grandfather" in the lots that were zoned R -2 and at least 75 feet in width on the date that the code was amended to require 85 feet in width (December 9, 1985) Discussion Staff would not object to a double dwelling on this lot if it was 85 feet wide. There are townhouses to the south and double dwellin s g across the street. In 1985, the city decided that a double dwelling should not be built on less than 85 feet of width. The state required finding of a hardship "unique to the property" cannot be made. There are two other undeveloped, substandard, R -2 lots of 84 and 75 feet of width in this neighborhood. ( See the ma p on page a e ) There are other undeveloped, R -2 lots in the city with less than 85 feet of frontage There are also single dwellings on R -2 zones with less than 85 feet of frontage that may consider remodeling to duplexes. The city should be careful not to set a precedent that would effect these situations. It should also be noted that the applicant acquired this property after the code was amended requiring 85 --foot -wide lots for double dwellings. Recommendation Denial of a 2.7 -foot - idth variance for Lot 4, Block 1, Kodale Addition for the construction of a double dwelling, on the basis that: 1. There is no hardship caused the applicant due to circumstances "unique to the property." 2. This var..iance is not unique to this lot. There are two other undeveloped R -2 lots with substandard widths of 84 and 7 -5 feet in this neighborhood. Approval of a variance would set a p recedent for approving double dwellings on these lots. 3. The property can be put to a reasonable use - -a single dwelling. g The three lots zoned R -2 to the north are also zoned R -2: 4. The basis for the variance is primarily economic. 5. The lot was substandard before the applicant purchased it. CITIZEN COMMENTS Staff surveyed the 33 surrounding property owners within 350 feet of this site. Of the 18 replies, four had no comment., four were in favor and ten objected, In Favor Comments 1. The variance in lot width isn't that much. I can't see why 2.7 feet would make much difference. ( Three replies.) 2. More rental property would add to the Maplewood tax base. 3. The property is properly zoned and I feel it would compliment the neighborhood. Objections 1. This lot is too small for a double dwelling. This property should be used for a single- family home. A double dwelling would detract from our neighborhood. Stick to code. Staff Comment: According to the zoning map on page 7, R -2 zoning is common in this neighborhood. The majority of homes on the west side of this street are double dwellings. There are townhouses to the south. 2. There should be brick on the front and be sure aluminum siding is used so it blends with townhomes and does not end up looking like what is across the street in a few years, Staff Comment: The design of the structure was approved by the design review board on 8- 25 -87. There will be aluminum siding, but no brick. Notices were mailed to the neighbors for this meeting. 3. The density in the neighborhood is too high already. We are already saturated with this type of housing. Staff Comment: The present density in the neighborhood is below the allowable density according to the Land Use Plan. Refer to planning considerations on page 4. Thirteen parcels that are zoned R -2 for double dwellings are presently developed with single - family homes. 4e It does not meet the law. They should only be allowed to build a single- family homes. Rental properties bring in undesirables. 3 REFERENCE Site Description 1. Lot Area: 24,473 square feet 2 Existing Land Use: undeveloped Surrounding Land Uses Southerly: Highland Townhomes Northerly: Single dwellings Easterly. Single dwellings westerly: Bradley Street twinhomes and the Edgerton Highlands Apts, Plannina Considerations 1. Land Use Plan designation: RM, medium density residential 2. Average allowed neighborhood density: 18.32 persons per acre Existing density: 12.32 persons per. acre 3. Zoning: R -2 4. Section 36 -88 (C.2) Lot Dimensions. Double - dwelling lots shall be 85 feet wide for interior lots and 100 feet wide for corner lots. 5. Section 367.10 Subdivision 6 (2) of the state law requires that the following findings be made before a variance can be granted. a. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted , will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. mb Attachments: 1. Location Map 2. Land Use Plan Map 3. Property Line /Zoning Map 4. Site Plan 5. Building Elevations 6. 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M _» ' G 97 �e s 1 A s /, ' � • �.rr� �i 1 c� i Gf . so ez �r ► ' boo 00 (aj #) ' (I L r) ( i r i bo • � - j y C'' Q� �sj N y� t�! 1 (mil J (�i +1 ell � Gy I J t ` ' s� 3 +J HP �o u s .e . o IS ',v*o �2 3 4 s 1 LI)115io-, lo Cry t�►i fi►s, r NT LAND JR, 13 .0 A to • I t IZ 13 14 e� w - •. •A •. -.� • 7f -0 a fZ # a 1s /.1 Density Allowances RL, low density - -14 persons per net acre RM, medium density - -22 persons per net acre RH, high density - -34 persons per net acre LAND USE PLAN 6 Attachment 2 tso.s •� s � �O ilS.» me-M �,p �' 1]S. T9 N C2 J � - i ►t0 T7 3 t� ! TZ! ` tC _ o , - US M `• ..... . 33 s! so r3.t13• ]4 A) �, t 061 + w 4V ( /ti• �' • •Msc, Ar ft t sloe. 1 Oso o� R ��K•� 'L03rra. .33eia. � 7353"' -�.n :Iss.or o a♦ I w .lit �' F. Elm Ar •.l .. • VI .!9 • d �� r � l irr�' Cd I _ r1�„�� .fir t!a ♦) �+4 C+�•) [a� 6n t!o tow) 10 � 4ELDRIDGE -- - . -- ---•- . � iii � 4 P i �• ' N t�I 77T) - 0 a � -� �s BE NT T LAN! t •� t• (kaj 4 Pr 4 10 1� #1 .. 1 9 t - 7 ± 7S Tt = ioo f IF RF PROPOSED• SITE pO Single dwellings on R -2 lots Undeveloped R -2 zoned lots with less than 85 feet of lot width 1 ' Fi N �c� v l e i � p v 4 r� � t: 4 4*61 ET HOC, d1 N QQ ov /V Al Oqr MONO •ti f , kE • c s r:. SI T E . s . PLA AUG 05 1987 Attachment .4 •wr• :.:•.r.. r..r•�..w.r- •.-. • _ .. r rr.•►r s •rrr�`�� T'.'�_ . • •m• wr.• .. w wrr r.ww.• -• J � �: • : t om • • � : .i .- •. r. = i ir . .•. r.r• • r_ r �. • •- • �- r _ ` �� •r. . •• _ w.w • • - rw..�• • • . • w.•• � - ri •.wr.�• w r o � • •r• w ..r...rr•Y•..- •/• -... w��w .•_ w -. r. .r�• r • . r. • .rr `..l.r..• .i•1� .•. • • -• .. Z T 4 9 • : • • • : • �. • • • • • �. r•••�.•r•�• � . . . r... ■•.rte.. 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Tor L =._ -- .____r_�._. _ � Aluminum Soffit .. — saw ._.. _..... _ .. and Fascia 4m one .• i ' �.�. .... . rr • • 11 w � ' ��• ••fir • ' •�' � ,- • - t - Horiz Aluminum Siding ____,_� • - I : .! 1 .. A _1 1 Front and Rear Elevations - AUG 05 1981 9 Attachment 5 4 N �•• • .�..� •• r�� •r •••• M -ow r•r -r • • M •� • _• • . •• ' Front and Rear Elevations - AUG 05 1981 9 Attachment 5 4 N - SEP 0 2.198T t , f i I 0 A V 7S 1 1 -/ Z- 1. W r rte o or a 4 X A s �,� o r N � � � � �u w 1�l' as Co s � l it i , w � ! r"�" �' � ! � /°�'C! Two S,5► �jd �- � �--.�-- ' 0 " �e6 0 An 6 f Z t f , .. _ .., _._ w.... �M_. �.. �.. -w• .... ,_ __ .n w.w- ...._w. _._ -�.. .. ♦ .w� � .. _... _. ___._. tea_._ -_. -. _._ _..� _.v. _�.. ..__..s -mow. wr. ._ -:war w. .. �... �w. w. ww�- M..__!_i._••rTY- •..__..•+..w �i t f � I! ' ' Il f 10 Attachment 6 �! { ` • .. � [ �- .. . -. ... _. ••..._ _... _.- __.r _._.v ___. - __.: .. ._._. -_.... _ .__. -.__. w_+ wr •_.ww,a`u►rr_+_w•w•T.- ..w..a� MORE ANALYSIS of THE "TAKING" ISSUE By James A. Coon, Esq. Deputy General Counsel, NYS Dept. of State On June 9, 1987, the U.S. Supreme Court ruled in the case of First Evangelical Lutheran Church of Glendale v. County of Los An- geles that where land use regulations are found to be so restrictive as to constitut a "taking" of property, the landowner may recover money damages for the period during which the regulation was im- posed. osed. Traditionally, where'. the government acts under its power of emi- nent domain to condemn private property, the just compensation clause of the Fifth Amendment of the U.S. Constitution has re- quired that compensation be paid to the owner. This requirement has now been extended to include compensation for "temporary regulatory takings" (that is, land use regulations which are ulti- mately invalidated by courts as "takings "). The decision is an attempt by the Court to establish a balance be- tween the rights of landowners and the legitimate concerns of local governments for the health, safety and general welfare of their community. It is important to understand what the decision says and what it does not say. The decision holds that a landowner who claims that property has been " taken " by a land use regulation may recover damages for the time before it is finally determined by a court that the regula- tion is invalid as a "taking" of his property. f The decision does not hold that the ordinance which was the sub - ject of the case (a Los Angeles County flood protection ordi- nance) was 'in fact a "taking" of the landowner's property. It is absolutely essential to understand that the decision does not alter the traditional rules for determining when a regulation in fact constituted a taking. Those rules require the landowner to estab- lish that all reasonable use of pr Toesyindeed ert is denied by the regulation. Whether a articular regulation constitute a "taking" depends u p n the facts and circumstances of the regulation and the land involv It is not at all common for courts invalidate regulations as "takings." The Supreme Court decision did not change this. By its very nature, zoning may .act in some circumstances to di- minish the economic value of real propert y. It is a well settled rule �- in decisions of New York's courts as well as those of the United -4 States Supreme Court that a reduction in the economic value of property -- even a substantial reduction -- because of zoning or other regulations does no in an o itself constitute a "t akin " in violation of the COnstitution. Only those re u as o s which so se- vere) affect ro ert as to destr all eco omic u would con- y P P . Y . ____, -,-al .�.. ______ stitute such a " tak ng. It is stressed that the Supreme Court's decision requires compen- sation only for those land use regulations which are so severe as to constitute a "taking" of property. It do$S not re,gguire-c tion in those cases where the regulation diminish the value of P ro g} long as the diminution is not so severe as to amount p roper t y to a "taking"). ( 9 n " . The decision does not alter the rule that the burden of proof is on the party challenging the validity of the regulation to show that the regulation is so stringent as to amount to a "taking." That burden, which is a difficult one to meet, remains on the property owner. The decision does not address the question of how damages are to be determined in those cases where a court does invalidate a regulation as a "taking." Reprinted in part from NYPF Planning News. Vol. 51, No. 4. -- M---- NN---- •NN-- • -N - - -- NN Planning Commission 4 — Mi nutes 12 -7 -87 Commissioner ossbach moved the planning c mission recommend adoption of th material extraction ordin ce, subject to: 1. Limitation o the hours of operati 2. Limitation of t height of the i kes. 3. Rehabilitation scr ening. 4. No on —site repair of achi ry. 5. Require permit appl i cat ' n to state how applicant w'i l l deal with the concerns of area reside s. Commissioner Cardinal se nde Ayes-- Axdahl, Ayers, Barrett, Cardinal, Fi of a, Goi ns, Larson, Rossbach, Si gmundi k, Sl etten E. Code Amendment; C(M) Distri t —Gas Pumps Commissioner Ayers oved the plannin commission amend the BC(M), business commerci (modified) zoning istrict to allow gas sales with no more tha two pumps on a single island. Commissioner G ins seconded es- -Axdah 1, Ayers, Barrett, C d i nal , F i of a, Goi ns, Larson, Ros bach, Si ground i k, Sl etten F. variance: Bradley (Desoto Associates) Secretary Olson explained the staff report and discussed the proposed lot width variance with the commissioners. Richard Schreier, 2125 Desoto, questioned the minimum frontage required in the ordinances. Commissioner Cardinal moved the planning commission approve the 2.7 —foot lot width variance for Lot 4, Block 1, Kodale Addition for the construction of a double dwelling, on the basis that: 1. There are townhouses to the south, double dwellings across the street and multiple dwellings across the street. 2. R -2 zoning 3. Change in the ordinance two years prior (from 75 feet to 85 feet). 4. Iot size in excess of 24,000 square feet Commissioner Rossbach seconded Ayes -- Cardinal, Sletten, Rossbach Nays -- Barrett, Fiola, Ayers, Sigmundi k, Goi ns, Larson, Axdahl Motion failed, Plann Commission — 5 Minutes 12 -7 -87 Commissioner Goins moved the plann commission amend the ordinance to allow the lesser frontage requ for those. 1 ots that were zoned R -2 on December 9, 1985, with at least 75 feet of frontage, for doub dwellings Commissioner Cardinal seconded Ayes-- Goins, Cardinal, Larson, Axdahl Nays -- Barrett, Ayers, Sigmundi k, Sletten, Fiola Abstentions -- Cardinal Motion failed.. G. Metal S rage B u i l d i n g s Secretary Ols explained the staff report and background of the ordinance. Roxanne Hirsch, 1 25 Frost Avenue, co ented in favor of the ordinance amendment. Commissioner S1 ette moved the pl a n i ng commission approve the ordinance to al low metal stora a buildings ' n BC, business commercial zones by conditional use permi . Commissioner Rossbach s Conde Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fi of a, Goi ns, Larson, Rossbach, Sigmundik, Sletten IX, UNFINISHED BUSINESS X. COMMISSION PRESENTATIO A. Council Meeting: November 3, 1987 XI. STAFF PRESENTATION A. Council Meet ' ng -- December 14, 87: Bob Cardinal X I I . ADJOURNMENT �x Meeting ad j o rned at 10:45 p. m. } o. q M?►TERIAL EXTRACTION AND HAULING,st. e j ecte Sec. 36 -582. Purposes and intent. date 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 of the overburden which lies closest to 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 permit 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 life or property. When emergency work is performed 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 of an extraction permit and on the i ssuance thereof shall be required to perform such work as determined to be reasonably necessary to correct any environmental impairment occasioned by such work. The city manager may also authorize an on -site emergency exception for similar actions necessary to preserve life or property relative to a material extraction operation processing a valid permit. If action contrary to the existing .permit or conditions attached thereto is necessary for safety reasons the city manager may, upon review of pertinent facts, aulthorize 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: r 3 a. The physical relationship of the proposed work area to - the community and existing; b. Site topography and natural features including location of watercourses and water bodies; Co 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 standsards 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. 5 Sec. 36 -589. Termination of permit. (a) The material extraction permit may be terminated for violation of this article or any conditions of the permit. No permit may be terminated until the city council has held a public hearing to determine whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The city council may establish certain conditions, which if not I omplied with, will result in immediate suspension of operations until said public hearing to consider termination of the permit can be held. y (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 granted 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 of this article. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation, require the construction of structure, require the staging of extraction over a time period, 6 require the alteration of the site design to ensure compliance with the standards, require the provision of a performance bond by the operator to ensure compliance with these regulations in this article or other similar requirements. Sec. 35 -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 t 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 $300,000/$600,000 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 n (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 -half (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; (5) All equipment and temporary structures shall be removed and dismantled not later than one (1) month after termination of the extraction operation and expiration of the permit; 9 (b) 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 counc i 1 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. Sec. 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 (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 water, shall be 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 for example, ski hills and sliding hills. (3) Slopes, graded. areas and backfill areas" shall be surfaced with at least three (3) inches of topsoil and planted with 11 ground cover sufficient to hold the soi 1. 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 proposals for water bodies at the time of approval of the overall plan and has det6rmined that such would be appropriate as an open space or recreational amenity in subsequent reuse of the y_ 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. 12 12 -18 -87 Planning Commission — 3 — Minutes 12 -7 -87 C. Vari ce: 2648 Minnehaha (Steingraber) The Directo of Community Development presented. the request for a 250 — square- of garage size variance. Mr. Steingrabe explained that he had removed a l an —to to construct the garage addi ion. He did not think that he n eded a permit to replace the lean -to. Commissioner Go i n asked if two 1,000—square—foot garages could be constructed side— —side. Staff replied tha they could if separated by fire walls that eet the building code. T h i s seems to def eat the intent of the code. Commissioner Goins mo ed that the planni g commission recommend approval of the 250 —sq are —foot garage ize variance for Mr. Robert Steingraber of 2648 E. innehaha Aven on the basis that: 1. Applicant has el imi n ted an exi s i ng eyesore. 2. The variance would not change he character of the area. 3. The circumstances of th bu i d i n g existing on applicant's property are unique. 4. There is no neighborhood position. 5. Present code does not cl a ly address itself to over —sized lots.. 6. The code allows two ga ages, each over 1,000 square feet, to be constructed side —by —side. Commissioner Cardinal seconded Ayes - -Axdah 1, Ayers, Barrett, Cardinal, Fiola, Goins, Rossbach, Si gmund i k, Sl etten ays-- Larson Commissioner Barre t moved the pl ann i n commission refer the ordinance on garages an/ns sizes to the staff \es—Axdahl, esearch and possible amending. Commissioner seconded Ay Ayers, Barrett, Caal Fi of a, Goins, Larson, Roch. Si gmund i k, S1 etten D. Material Extraction Ordinance Director of Public Works Ken Haider explained the proposed ordinance. Carolyn Peterson, 1999 Jackson Street, representing the area neighbors, commented on the noise and vibration problems. She also questioned if a violation is issued, will work be stopped until the problem is resolved. Several other area residents commented on the noise and vibration problems. Planning Commission — 4 — Minutes 12 -7 -87 Commissioner Rossbach moved the planning commission recommend adoption of the material extraction ordinance. subject to: 1. Limitation of the hours of operation. 2, Limitation of the height of the dikes. 3. Rehabi.l i tati on screening. 4. No on —site repair of machinery. 50 Require permit application to state how applicant will deal with the concerns of area residents, Commissioner Cardinal seconded Ayes- -Axdah 1, Ayers, Barrett, Cardinal, Fi of a, Goi ns, Larson, Rossbach, Sigmundik, Sletten E. Code Ame dment: BC(M) District —Gas Pumps Commissioner Ay s moved the planning commission a nd the BC(M), business commerci l (modified) zoning district to allow gas sales with no more than t o pumps on a single island. Commissioner Goi ns se nded Aye - -Axdah 1, Ayers, Barrett, C d i nal , F i of a, Goi ns, Larson, ossbach, Sigmundi k, Sletten F. Variance: Bradley (Des to Associ es) Secretary Olson explained the taf report and discussed the proposed lot width variance with the com i s i oners. Richard Schreier, 2125 Desoto, q u ti oned the minimum frontage required in the ordinances. Commissioner Cardinal mov the pl ann ' ng commission approve the 2.7 —foot lot width variance for L t 4, Block 1, Kodale Addition for the construction of a double dwelling, the basis that. 1. There are.townho ses to the south, do le dwellings across the street and multipl dwellings across the st eet. 2. R -2 zoning 3. Change in he ordinance two years prior (fr 75 feet to 85 feet). 4. Lot s i z in excess of 24,000 square feet Commissio er Rossbach seconded Ayes- -Cardi al, Sletten, Rossbach Nays -- Barrett, F i o 1 a, -Ayers, Sigmundi k, Goins, Larson, Axdahl Motion failed, z Agenda Number .Action by Council, -Endorsed Modifl* d ReJ ected Agenda Report Date T0: City Manager FROM: Finance Director RE: Elimination of Special Assessment Fund and Budgeting for Public Improvement Projects DATE: December 4, 1987 The special assessment fund type has been eliminated due to a change in generally accepted accounting principles. Consequently, when the 1988 Budget document was prepared, a new capital project fund was included titled Public Improvements Projects Fund. The purpose of this fund is to account for public improvement projects, previously accounted for in the Special Assessment Fund, that are wholly or partially financed by Special Assessments. Attached is additional background information regarding this change. It is now necessary to establish policies and procedures for budgeting related to the Public Emprovements Projects (P.I.P.) Fund. Since the feasibility report for each project contains a financing plan, it would be appropriate to use the plan as an initial budget for the project and establish the budget at the time the project is ordered. Since many projects extend over multi -year periods, the unspent portion of each project's budget should automatically be carried over to the next year in order to complete the project. Attached is a proposed resolution which would establish these policies and procedures. It is recommended that the Council adopt this resolution, f; cc: Public Works Director Resolution WHEREAS, the Special Assessment Fund type has been eliminated due to a change in generally accepted accounting principles, and WHEREAS, accounting and budgeting procedures need to be modified to conform with the change in generally accepted p r i n c i p l e s . NOW THEREFORE BE IT RESOLVED: 1. That the Special Assessment Fund Debt Service Accounts be eliminated and reclassified as Debt Service Funds. 2. That the Special Assessment Fund Construction Accounts that are developer projects be reclassified and included in the Developer Projects Agency Fund. 3. That the Special Assessment Fund Construction Accounts that are p u b l i c improvement projects be reclassified and included in the Public Improvements Projects Fund in the Capital Projects Fund type. 4. That the Finance Director shall establish a budget for each public improvement project when the Council orders the project. 5. That the budget for each project initially be recorded at amounts specified in the f e a s i b i l i t y study for the project. 6. That the unspent portion of each budget should automatically be carried over to the next year at year end for incomplete projects. 7. That a 1987 budget is hereby established for each public improvement project in progress during 1987 at amounts equal to the original financing plan less previous year expenditures. 8. That change orders approved by the Council shall cause N automatic budget changes in the same amounts. a TO: City Mar:ager Public Works Director FROM: Finance Director- RE: Elimination Of Special Assessment Fund DATE: July 17, 1987 INTRODUCTION In January, 1987 the Governmental AcCounting Standards Board released Statement 6, Accounting and Financial Reporting for Special Assessments. This Statement establishes accounting and financial reporting standards for capital improvements and services financed by, special assessments. The special assessment fund type is eliminated for financial reporting purposes effective in 19870 This has a significant impact on the City of Maplewood's method of accounting for public improvement projeots and bonds issued to finance these projects. The Special Assessment Fund construction projects we have must now be accounted for as Capital Project Funds. In addition, the Special Assessment Fund debt service accounts we have must be accounted for as Debt Service Funds. We do not have any alternatives to this because state law requires that we follow generally accepted accounting principles (GAAP). This change in GAAP requires that an immediate decision be made regarding our 1988 Budget. Since we prepare budgets for all other Capital project Funds, should we prepare a 1988 Budget for our new Capital Project Funds that were previously Special Assessment Fund construction projects? ALTERNATIVES 1. Prepare a 1988 Budget for all Capital Project Funds except those that were previously Special Assessment Fund construction projects. 2. Discontinue preparing e budget for any Capital Project Funds, 3. Prepare a 1988 Budget for all Capital Project Funds including those that were previously Special Assessment Fund construction projects. 4. Prepare a 1988 Budget for all Capital Project Funds including those that were previously Special Assessment Fund construction projects with the exception of developer projects which would be classified as Agency Funds, DISCUSSION The first alternative would be easy to do for budgeting. However, it may be difficult for people to understand why the city budgets for some but not all Capital Project Funds. A greater problem would be the impact of this on the city's annual financial report. In the report is Exhibit A-3 that is a Combined Statement of Revenues, Expenditures and Changes in Fund Balance-Budget and Actual-General, Special Revenue and Capital Project Fund Types. It would not be possible to prepare a statement like Exhibit A-3 that did not include all Capital Project Funds because the amounts in the actual column must be for all Capital project Funds. Thus, if a budget was prepared for only some funds, the budget versus actual comparison would be flawed. The second alternative would be the easiest to do for budgeting. w r P A 1 sca y GAAP does riot req uire. budgets for Capital Project Funds. This alternative would also be easy to implement for financial reporting. However, the ciia j cr d i sad vant a g e s are that the Council may not accept it and it would decrease the level o f financial management and control over Capital Project Funds.. Without a budget- what Would limit the a of expendit What financial planning wo b e done if a budget wasn't prepared? The only. possible way this COO l d work is if the city had a formal five --year Capital Improvement Pl ane Alternative three Would be the most difficult to do for budgeting. Each time the Council c a r d er`s a f eas i b i 1 i. t y report or project they would have to adopt a budget. Large change orders probably also would require a budget change. Unspent budgeted amounts wot_t 1 d have to be carried over to the next year. ( T h i s is done automatically for Park. Development Fund pr j ect s.) Budgets for developer pr ect s would req �_� i r a lot �� f g uess i n g . The primary advantages of budgeting f improvement projects are consistency with present accounting and bl_td get i rig procedures for Ca pita1 Proj Funds, Wo provide useful information con the stat of projects, would help t highlight m i scod i ngs of transaction and could be used t o q Lt i ck I y det erm i ne i f a pro j ect need s more f i nano i ng. The fourth alternative offers all of the advantages and disadvan- tages of alternative three except it e l i m i n a t e s the budgeting problems -- projects would b e classified ass i f i e d a s Agency for developer projects. ect s. These pr _ .J ect s w .� a 1 d g Y Funds and Would have a separate series of fund numbers. No budgets are required for Agency Funds. RECOMMENDATION The fourth a 1 t ernat i ve is recommended be ca Ltse it has the g neatest number of advantages* fj F t � Agenda Number Agenda Report T0: City Manager FROM: Finance Director — RE: Ordinance to Increase Hydrant Charge Rates (Second Reading) DATE: December 15, 1987 ActiOn by C oun cig Endorsed Modif- Re j ected Date On December 14, 1987, the Council approved the first reading of an ordinance to increase hydrant charge rates by 20%. The attached agenda report (Exhibit A) , contains additional background information on this subject. Exhibit B is the ordinance proposed for second reading. The section on non- residential rates for users in excess of 25,000,000 gallons per month has been revised to a flat rate per 1,000 gallons l i k e other non-residential customers and will result in a 20% increase in charges. ' This change is being made because the formula presently in effect is ambiguous and would result in a 108% increase in the charges for this type of customer. It is recommended that the Council approve the second reading of the ordinance in Exhibit B so that the new rates can be implemented January 1, 1988 as budgeted. a 4 Agenda Number l. c t.ion by Co c. .ncil Agenda Report T0: City Manager FROM: Finance Director RE: Ordinance Ordinance To Increase Hydrant Charge Rates (First Reading) DATE: December 4, 1987 Endorse °j Acte Dat e --Ir. -1 �t-ff The 1988 Budget adopted by the council includes a provision to increase hydrant charge rates by 20 %. The reason for the increase is to finance higher water system operations costs and to finance future unassessed water system improvements. Operations costs have increased due to repainting the exterior and interior of a water tank and due to addition of two more water tanks to the system. Also, there are large amounts of unassessed water system improvements that need to be financed such as the County Road C water main and two new water tanks. The attached ordinance will implement a 20% increase in rates and will increase revenues annually by $32,680. Also, this ordinance will increase rates an additional $.60 per quarter for condominiums and mobile homes so that their rates w i l l be the same as a single - fami dwellings and be consistent with sewer rates. It is recommended that the Council approve the first reading of the attached ordinance. e� s� ORDINANCE NO. AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO HYDRANT CHARGE RATES E-x i i.: i z , -r- BE IT ORDAINED BY COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. That Section 35 -52 of the Maplewood Code is hereby adopted to read as follows: There shall be levied a hydrant charge against all properti benefiting from fire protection created by the a v a i l a b i l i t y of water. Such charge shall be imposed only within the St. Paul Water District servi area where water mains are located,, The hydrant charge shall be levied whether or not the property is connected to water mains. The rates shall be as follows: (1) The quarterly residential rates shall be: Single Family Dwelling $3.00 Townhouse 3.00 Duplex 6.00 Apartment 2.40 Condominium 3.00 Mobile Home 3.00 (2) Non - Residential rates shall be $.11 per 1,000 gallons but no less than $3.00 per quarter. (3) The rate for properties used jointly for residential and commercial purposes that are not metered separately shall be billed at non- residential rates. (4) Users in excess of 25,000,000 gals. /month . shall be charged based on the following formula: Projected Future Peak Day Usage of Customer -- ---- --- X Annual Cash Projected Future Peak Day Usage of City Needs of $166,060 Section 2 This ordinance shall take effect and be in force beginning January 1, 1988. t� ORDINANCE NO. AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO HYDRANT CHARGE RATES BE IT ORDAINED BY COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS: t : --- :E k 1+ 12, 1 i` rs Section 1. That Section 35 -52 of the Maplewood Code is hereby adopted to read as follows: There shall be levied a hydrant charge against all properties benefiting from fire protection created by the availability of water. Such charge shall be imposed only within the St. Paul Water District servi area where water mains are located. The hydrant charge shall be levied whether or not the property is connected to water mains. The rates shall be as follows: (1) The quarterly residential rates shall be: Single Family Dwelling $3.00 Townhouse 3900 Duplex 6900 Apartment 2.40 Condominium 3.00 Mobile Home 3.00 (2) Non - residential rates shall be as follows: Class A - over 300 MGY - $.07 per 1,000 gallons Class B - 0 - 299 MGY - $.11 per 1,000 gallons Minimum rate - $3.00 per quarter (3) The rate for properties used jointly for residential and commercial purposes that are not metered separately shall be billed at non - residential rates. Section 2. This ordinance shall take effect and be in force beginning January 1, 19889 r` e 4 wee ave- ke e$4 el )Ve Action by Council :, MEMORANDUM Endorsed Mod if ied... � TO : City 'Manager V ol , Rej e ct e ..-v.. FROM,: Director of Communi y Development Date SUBJECT: Planned Unit Deve pment, Approval for Reduced Parking and T Variances LOCATION: Woodlynn Avenue, East of Ar i el Street APPLICANT: Arkell Development Corporation OWNERS: Mathi Howlett, A. Thomas, Joseph Jansen, Mary Hennemann, Cecilia and Michael Ja nsen and Leslie Hause PROJECT: Cottages of Maplewood DATE: December 1, 1987 SUMMARY Introduction The. applicant is requesting the following: . T��'�� A conditional • use permit for a planned unit development PUD P ( ) for a F 60 -unit senior citizen housing development. ' Approval for fewer parking spaces P p g p ces an garages than code a . Two spaces per dwelling unit are required or 120 Fspaces,, Only.>� spaces are proposed. However, an additional,-14- spaces are provided in front of the garages, primarily to accommodate guest parking, qL b. Code requ ' res 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 lan (page 13 P )• 3. A variance from the curbing requirement: Code requires "continuous concrete curbing surrounding the exterior perimeter of the lot (parking) and drives ." (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 buts property zoned for single or double d g P P Y dwellings." a . ' The abutting land to the south is zoned R-2. double dwelling. • The setback t ack 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. The setback to the d • driveway would be 6 -1/2 feet. A variance of 13-1/2 feet is required, � f l� ter del' � 3; n �V/ C Discussion 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 with 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 line. (Refer to the map on page T'2.) 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. f loading 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 - family) 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 I. Approve the resolution on page 28 to approve the Cottages of ,, 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,,54 years of age or older. 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 after one year of 95% occupancy, additional parking may be required. 2 . ell P fcet" Lr 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 87 parking spaces, including 40 garages, rather than the code requirement of 120 spaces, including 60 garages, on the basis that: A The 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. 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. Co Each of the other subsidized seniors residences has provided concrete curbing. L - 7 N IV. Approve a )�3-foot setback variance from the south lot line and a ;�VV `13 -1/2 -foot setback from the west lot line, provided screening is included along he south lot line that meets the screening g 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 l ine, 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 because of the unique nature of the proposed development. 70, The variance would be consistent with the purposes of this chapter. 80 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, A lf rove a V-Ille-"ve a t ac✓ � vil / im eAEO !mil lo fla sed oii !hc- ! iV2- �� /.�ys re� l� , d 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. f rom the site if concrete curb and adequate storm sewer are not constructed. Staff comment: Staff is recommending denial of the curbing variance and installation of storm sewer. The three persons opposed raised the following concerns: 1. . I reject it because of the variance from required underground drainage (storm sewer) for all 60 unit because flooding n Woodl g nn y and Lydia.Avenues will result. S to f f comment: Staff i s recommending that storm sewer be required, 2. I object becaus 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 Mo g ren the developer of the 15 -lot Lynnwood Terrace plat to the south) purchase this land at a reasonable price. If Arkell Development were t P o 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, less garages, c, less minimum site area for each unit, d. waiver of concrete curbing and storm sewer, and e. the construction of more than eight units. in each structure. S to f f 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 year thereafter through 1990,.without causing a vacancy problem for existing seniors residences. 2. Only 75 of the 199 units projected to be needed through. 1987 have been constructed: Assuming. this 60 -unit project would be occupied in 1988, a need would still exist for 107 units (199 + 43 minus 75 + 60 ) 30 The waiting lists for the existing senior residences are: a. Archer Heights - 9 people b,* Concordia Arms - 400+ C.0 Franklyn Park - 300+ _ TOTAL 709+ people Refer to the beginning of this report for comments on the variances, C� REFERENCE Site Description Gross area: 561 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 plat approval was granted on September 28, 1987) West: Two undeveloped parcels. The north parcel is part of the proposed Salvation Army Church site. The south parcel is a 56 X 262 foot land- locked parcel,, The land- locked parcel As planned for RM, residential medium density use. Past Action The city has approved reduced parking and garage requirements for each previously approved senior development: 1- 03 -80: Concordia Arms 4- 11 -83: Hazel Ridge 5- 19 -86: Casey Lake (abandoned) Conditions: 1. "If council determines that there is inadequate on -site parking during its review one year after 95% occupancy, additional parking spaces may be required." 2. Areas shall be designated on the approved site plan for future parking spaces. Planning 10 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 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 7 means to allow flexibility by substantial variances from the Provisions of this chapter, including uses, setbacks, height and other regulatio Variances may be granted for .planned unit - - developments provided that: " (1) Certain, regulations contained in this chapter do not real.is_tically 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, 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. "(5) The variances are required red f or 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 Gary Solomonson Associates for its suitability for seniors housing, g This site was determined to be the best among the seven sites. This study was undertaken as part of a city-sponsored effort to promote 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 prefer 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 study results, the Housing and Redevelopment Authority has adopted an objective to promote a wider variety of senior housing opportunities within the community. o pP y. This proposal is consistent with that policy. 7. Parking spaces and garages: Section 36 -22 (a) (2) of city code requires at least two parking spaces 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, E� The city has approved a reduced number of parking spaces for all 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 20t the median percentage of parking spaces to the 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 persons 50 Y ears of 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 not be directly comparable. Hazel Ridge is marketed to persons 62 years of age and older. The rent also includes wellness programs which will probably result in a less automobile- oriented population than this development. So far, of the 39 units rented, only eight have an automobile. A similar development to which to compare the validity of the parking 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 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 %) 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 manager states that 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. No. of No, of Project No. of Units Parking Spaces Spaces Used Ratio Concordia Arms 124 100 50 81% Archer Heights 69 42 30 610 Franklyn Park 117 54 44 46% Hazel Ridge 75 75 - 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 persons 50 Y ears of 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 not be directly comparable. Hazel Ridge is marketed to persons 62 years of age and older. The rent also includes wellness programs which will probably result in a less automobile- oriented population than this development. So far, of the 39 units rented, only eight have an automobile. A similar development to which to compare the validity of the parking 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 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 %) 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 manager states that 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. 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 5. Excerpt from the Drainage Plan 6. 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 s 12. Site Plan (Separate Attachment) 10 R2 a C(M) ` A3 Puq R2 • F �LBC R• 3C F o Pi R �. F. { R P VD EW ' � I; F R i R F R Lac AVE `� 9 C F Q ' '�� 4 1 R L13 ' _ T �- L n -1iQ F ft R LAC 4 " ---/ . _,�� s ,.� -7 ww� M1 R �• MI Rr.` - -- - LBC) � ...,.. �� • R a 3C� Q '1 ' Y R ►- �� I R O s r C > . e' L AWE rF rJ / s c F • f �7 LOCATION MAP " 11 Attachment 1 • FT /4 IV?4g . - s(v3 634 , s63 •!• - sc�.��r• s.��s 3..b• • i'a� 3.ii ac. 13.30 zc. . • r ./ s 00 10 r A • . » e a oh v Y � - � • � � � - WOOD . W. r —r _ — am — — 1.4w -- — - — — - —• — r • .�— r -- —..•r — — — — — - proposed .6p i e t line land — locked parcel (7) _ _ - -- - t V4 „o 2154 * . . ........ ... .. . .f:�= 2 . .......... •.1•. ... C �•: � ��': . �! '.1•:� ; •:1': : mot : �: •'� . • : i : i:. t`; •• • ti: � : : :.'.'. �: :::t :::::'..• .:.: • •: •: :...•... l My t is IL J '.L'. :• : :L•.: '....•. : : :' :: ' :•••:: . :': ::: 1� •:N:• :': : : :. • o O :•: :•: :':: Y: : : :.. : . • 1, ......... • _ / 4 9 ..: �: f : -�:;:• � �r K . ;::: '� ' :.; •: ::•::::.;:•:•:.. SALVA ION RMY ...... • •: •. ......... .• i.: •.��.Y.L•:: : �A A1�I.� •:: • .�JMt' :.' ....... �., .�. .•,}..... '•tip' •:'::. Y.•: : :.•.•..: • :Y: •.•I� : :tiY: ' 1 ::M ::•:.....� .... • :�� :::S: L'.L• r' •: TE ::.:�::f: •' :• •. .� :: 3 3 +• ::: i Lv: r :�.: ::ti . :�: � ti• .. fit; •:::.: ::'�:• ;:.; :;: :•r:�:� 7 r 'v:ir: 'r :. �:ti '• .%% • '::•::•. N 17 a .�. t. � 1. Y'.L •L • 2 A . ♦� -• :' :::' :•f::Y:}: • ::•: :ti •' ' :•:•: :•:: ' .• �,;�' ••:Y'••'�j�•:::y :: tip. :ti _ � 0 • 10 �� ; i � ► , �� ill L t 4 214 _ •' Z 3• 66 tt� c v o .t ' » of 4 `' 9T O 8 205 `O 2 11 96 2'03 'O 28 •. ►�. 2 We mr 135' f � 'y 0 (7) 2 2 oft 2 6 14 2A N 3 - r m ? �� ry 7 in • • PROPERTY LINE /ZONING MAP Attachment 2 12 .Q N dW • • IA • No • • --Mwlm . dp 4b 10 4w ap % • • • e 941 at Possible future garage space LjWv1-"YM1J AML SITE PLAN 13 Attachment 3 4 ` r ` L .• �, ► � J w # w .�+ f � l ic7� , 1 . r ► 1 W-0; p W d It o Zw j • I •.; Al l'y • tv 6 71 it Ir IL ,fir 4 , • . Ir s ✓ R ' .• •• _ •� • •fli `' :. �,, • .f�1 , i ., •!� � ter. � ~ NCO ra cW ' ..1 1 is ast '�' /♦ :� '• .. � �� Sr i ''`i• Woo • COUNTY RD fit O,f �.. ?AF a 0 0 00,00 � i i . - Woodlynn Ave.' _ 5 A / 2 AF Applicant s Site / k I IJ 00 4800000001M - - --- _ Ave. - i t � 1 t . !! % f t 1 20 AF t .. .......... 1 ` , ! 30 --- ........� � '"'/ � -mow" r""" •'� �''\ %s -ftj - - - - -- 4040-- -- --4040 - .. 4040--- -- go 40 • ...................................... ............................... MAJOR WATERSHED DIVIDE -.�....,...........� ....................... 0 0 ............. ............................... . INTERIOR WATERSHED DIVIDES _ PROPOSED STORM SEWER 42~ EXISTING STORM SEWER 40 4W 4W 00 ab 4040 �1ot The - ;.:Y o — acre -foot pond i s not needed for the property north of OPEN CHANNEL. Woodlynn Ave Adequate storm sewer STORM WATER STORAGE AREA exists in Woodlynn Avenue. The pond may INUNDATION AREA also not be needed dependent upon the STORAGE AREA VOLUME 4 AF^ proposed drainage for this site DISCHARGE IN CFS C ITY LIMITS .................. EXCERPT FROM THE DRAINAGE PLAN Attachment 5 • 15 Q 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 f eet Y 9 east of Ariel Street. EXISTING CONDITIONS The land is now rolling open land with a cover of wild grass and ver little tree growth.-The 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 �a 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 Fort (40) 2 bedroom homes will be co structed beginning Y l� in 1987 completing in late - naw ew c- s Wm Q cavA t er 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 C o t tages Maplewood es Co of Ma lewood 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 of Maplewood has an extremely high population of sefiiors. 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 tor a one bedroom unit. The proposed Cottages of Maple- wood 'is targeted to fulfill that need currently existing in the City of Maplewood. Option on site not acquired unitl 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 0 -Code requires two parking spaces per unit or 120 spaces. Only are proposed. - 87 Justif ication • The City Code does not realistically apply to the proposed development y because of the unique nature of elderly housing. Most elderly residents - 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 with the purposes of the City Code. The applicant -believes that the planned unit development proposed would produce a.development of equal or superior quality to that which would result from :,strict 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 9 welfare of the owners or occupants of adjacent or nearby land nor be detrimental to the health, safety, morals or general welfare of the public. The applicant believes that the variance is required for 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 *3 are proposed. Justification The City Code does not realistically apply to the proposed development because of the unique nature of elderly housing. Most elderly residents have one vehicle per couple and many -elderly 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 produce a development of equal or superior quality to that which would result from strict adherence 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, or general welfare of the owners or occupants of adjacent or nearby land nor be detrimental to the health, safety, morals of general welfare of the public. The applicant believes that the variance is required for reasonable and practical physical development and are not required solely on the basis of financial considerations. 17 4 =I Variance No. 3 .30 97 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 ent rances 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 would result from s trict 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 d evelopment and are not required solely on the basis of financial requirements. Variance No. 4 9 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 t land nor be detrimental to the health, safety, morals or general welfare = of the people. - . Code requires that there -be .no more than eight townhouse units per building. Justification 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 than .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 or 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 nearly land nor be detri mental to the health, safety, welfare, or general morals of the public. The applicant believes that the variance is required for reasonable and practical physical development and are not required.solely on s the basis of financial requirements. 19 ' PARKING SURVEY -- ELDERLY HOUSING Done in 1979 -b Franklyn Park y y Associates & Weber's Investment Corp. DENSITY AND PARKING ANALYSIS - SENIOR CITIZENS' HOUSING TWIN CI'T'IES SUBURBS I. MINNESOTA HOUSING FINANCE AGENCY DEVEL OPMENTS 9 V! - "- Units Percentage Per Acre _ Parking ' 1. Richfield Seniors East 78th St. & Chicago Ave. So. Richfield, Mn. 2.61 acres 150 units 60 spaces, surface 2. Robbins Landing 39th Avenue No. & W. Broadway Robb insdale, Mn. 1.26 acres 110 units 52 spaces, surface 3. Northeast Seniors Housing 39th Ave. N. E, & Stinson Columbia Heights, Mn. 2.91 acres 85 units 30 spaces, surface 4. Bridge Square Apartments River Avenue and Monroe Street Anoka, Minnesota 1.19 acres 101 units 30 spaces, surface 5. Franklyn Park Apartments 1st St. N.E. & Seppala Blvd. No. St. Paul, Mn. 3.77 acres 117 units 54 spaces, surface 6. Roseville Seniors Housing • 1045 West Larpenteur Roseville, Mn. 4.56 acres 127 units 63 spaces, surface 57 1 40% 87 47% 29 35% 85 30% 31 46% 28 50% 20 7 Attachment Stories 7 7 3 9 4 4 70 Bloomington Elderly Housing 82nd St. & Knox Ave. So. Bloomington Mn. r wr 4.69 acres {i 212 units 134 spaces, surface 8. Brooklyn Park Elderly �i 74th & Zane Ave. No. Brooklyn Park Mn. 1.58 acres 110 units 46 spaces, surface 9 Boa rdwalk Central Ave. & Wayzata Blvd. Wayzata Mn. 77 units 1.789 acres 38 spaces, surface 100 Dover Hill 2500 Rhode Island Ave. No. Golden Valley Mn. 234 total units of which 122 are Elderl 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 1P3 are Elderly 5 stories 8 acres - Elderly portion less than 1/3 of site - less than 3 acres 49 spaces, surface for elderly 45 70 43 24 31 34 63% . 42% 49% 61%* 48% 48% 15 7 4 7 5 61 21 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. St. Louis Park Mn. 110 units 2.5 acres 29 spaces, surface *90% of parking spaces utilized - parking sufficient 15. Yorktown Continental Apartments 7151 York Ave. So. Edina, Mn. ..264 units Approximately 6 acres 120 spaces, 112 surface & 8 garages *Approximately 80% of parking spaces utilized. Average Median 101. 44 approx. 44 Percentage Parking 100 %* 26%* 45%* 49% 47% Stories 11 4 12 22 T , Pr opertie s , .� Manage en A FBS Properties Management, Inc. 1700 Soo Line Building P.O. Box 522 Minneapolis, Minnesota 55480 June 16, 1987. Mr. Geofe Olson, AICP Director of Comununity Development City of Maplewood 1830 East County Road H Maplewood, MN 55109 DE3r Mr. Ol son, 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 ni er 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: = _ �.. varia-ice 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 it unt of off street parking requested is totally un- acceptable and this code should be upheld. ( continued) Attachment 8 Member First Bank System 23 • 20 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 core, 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 realizes 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. 4.0 Variance on concrete curbing. 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 gain in Minnesota or that the streets will make an adequate drainage surface. The, request for concrete curbing, and I emphasise the word 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. s. Variance on storage per unit. I see no problem with granting this variance and it seems to me he is complying with the code. b. 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 terns "cottage concept ". This is strictly a monetary decision and has no basis as it regards to the overall concept of the project. 24 To . My overall opinion of the project is that the idea of providing first class housing for senior citizens is an 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 t o 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- ag reement with the developer on this statement. A closer look at the site P lan indicates that this project is the next thing to being a maze. He has crowded as many senior citizen cottages into this s space possible* He has left very little geeenery and. has turned P 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 wz 11 be any articular place on this site that you will be able y p to stand back far enough to get the particular elevation view as shown g on his drawing. The artist has done an outstanding job of showin g 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 as 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 P roceed with the proposed project following the existing codes that are now in existence and were in existence prior to the developer putting this p ro • ect together. Should you want any additional input from me in � g P regards to the devel 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 r y AW Y - RAMsEY courvnr Once of the Executive Director 286 Court House 25 W. Kellogg Blvd. Saint Paul, Minnesota 55102 (612) 298.5980 Terry Schutten, Executive Director Sept ember 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 Duane W. McCarty VIA Notts ud Donald E. Salve rda Warren W. Schauer The Community Development Advisory Committee continues to view the proposal for the Cottages of faplewood favorably and expressed a desire to fund the activity at its meeting today. Rowever, the information which HUD confirmed only last week with respect to what we can fund leaves us with uncertainty regarding the viability of the project. In order to bring a disposition to this matrter the County will tentatively allocate $252,500 for the project until November 30, 1937. This figure includes the cost of the land and an allowance to secure an appraisal on the land which will be required by HUD. In the interim the following steps should be taken: 1. Financing for the entire project should be solidified. This includes the City's aff irmative response to the Developer's request for a tax exempt bond issue and confirmed clarification as to how the shortfall from the requested $400,000 and the actual $252,000 which we can of fer will be net. The County takes no position on how the shortfall should be met. An actual bond sales need not take place. 2. A new prof orma showing an updated budget for the project including all of the sources of revenue as they actually are anticipated. This proforma should be completed at the time all 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 wh ich the City may nave. t �": l c 1 � ft. t� f -- a t ; o n c "- � + t 1 a � c � n r � � . : c -': �- •) t s o r eve - w% a- n ph �'` O C tti 1-0 ; r- 11% 1 3 ON , zn 1!': _ :i .s.. report is requested on or before October 30, so we may remain up to date Attachment 26 � Should you Dave', guest ions or need assistance during t h i time, please. do not hesitate to contact me. Tie 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 Bossardt Charlotte Scott .HUB 27 Pursuant to due call and notice thereof a regular meeting 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 1.987 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. 2e 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. 3e 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 1 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 _un i t development. For purposes of this permit, seniors housing is defined as a residence occupied by persons that are,,,` years of age or older. 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 after one year of 95% occupancy, additional parking may be required. f l*4i�d oA Oerrm 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. Approval is on the basis of the following findings of fact: 10 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. 30 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 X 4 ..x IN 90 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 .includes a )N -foot setback variance from the south lot line aid a 13 1,/2 -foot set bac k variance from the west lot line for a j � o driveway - '.Approval of the variances is on the basis that: ! Ood 1. Senior housing creates less traffic noise than a conventional multiple- dwelling project. din is only one-story. .� 2. The building y . y .� 3. The setback along the west property line is not needed since: ' r 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. 5. The most common setback used by other cities is five feet. ( See the survey on page 32.) 6. Ce rtain 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, 910 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. 30 Adopted this day of , 1987. Seconded by Ayes- STATE OF MINNESOTA ) COUNTY OF RAMS EY ) S S . CITY. O.F MAPLEWOOD ) I the undersigned, being the duly qua 1 i f i ed 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 full, 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 , 1.987. City Clerk City of Maplewood, Minnesota 31 i7+ C . 1 Coon Rapids Roseville Plymouth Brooklyn Center Fridley SETBACK REQUIREMENTS 15' MULTIPLE DWELLING ADJOINING SINGLE Shoreview OR DOUBLE DWELLING PROPERTIES 5' - Setback to Side or Rear Property Lines Private Open Parking Dwelling Driveway Space Garages Structure 5' 5' 5' 25 1 5' 5' or 20' from a 15' side principal struc- 30' rear ture on the ad- 30' joining lot (S ame as f or whichever is side greater & within 35' 300 from the dwell - ing entrance 15' 20' No 20' detached garages 15' 15' 15' 15' 5' 5' Blaine 15' 25' Shoreview 5' 5' Crystal 15' 15' White Bear Lake 5' 5' Woodbury 10' 10' 32 15' or twice the height of bldg, which - ever the greater Sideyard: 15' + l' for each 4 over 35' of bldg height Rear yard: 20% of, .depth with a min of 25' & a max, of 40' 20' 20' 5' - side 30' 10 rear 5' 15' side 40' rear 5' - 15' side 30' rear (S ame as f or 20' side structure) 35' rear + 1' for ea. 1' over 35' Attachment 11 ` - Oakdale 5 1 10 5 1 20' No Ste Pau 1 None None 31 501 Vadna i s H is g 5' 10 ' -5' 15 or the height of g t 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' S' 10' 401 Maple Grove 5' None 15' side 15' side 40 1 rear 40 rear Golden Valley 25' 25' 50 1 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 1 50' Sid' Burnsville 5' 15' 10 40' New Hope 10 10 20 1 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 MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: 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 Introduction 1 1 -3 Action by Council:,.' Endorsed.-. Mo dif i e d Re j eete Date The applicant is requesting $2.8 million in tax - exempt financing and $275,000 in tax - increment financing for the 60 -unit Cottages of Maplewood development for older adults which is proposed south of Woodlynn Avenue and east of Ariel Street. The purpose of this financing request is to reduce the rents of this project 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 , such as curbing, sidewalks, landscaping and utilities. Background 1. 'Tax-increment financing uses the increase in taxes from a new development to finance projects with a public purpose. These taxes would normally go to the city, county, school district and other agencies that are funded by property taxes. One of the justifications for tax - increment financing is that the project would not be built and taxes generated without this financing. 2. The city council adopted the original tax- increment financing plan on October 28, 1985 and modified it on June 23, 1986 and September 28, 1987. 3 . Tax - exempt financing reduces the interest rate for the developer's financing. This is money that normally would have gone to the federal treasury. 49 The city has approved tax - exempt financing for two previous senior housing projects - Hazel Ridge and the Harmony School project. The city also approved tax - increment financing for two senior housing projects and a first -time home buyers program in 1982. This project was dropped. 5. In 1982 and again in 1985, the Housing Authority conducted surveys that asked seniors to indicate their preferred type of housing. A number of the respondents chose housing types other than the conventional rental apartment (i.e. condominium /townhouse, home sharing, senior group homes), . On the basis of these surveys, the HRA has adopted an objective to promote the availability of non - conventional senior housing options within the community. This townhouse style development is unique to this area and is, therefore, .consistent with the HRA's policy of promoting a wider variety of senior housing options. 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. Di 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 Ma plewood area and a projected need of 43.5 units each year through 1990. As the baby boom generation ages, there should be a continuin g demand for this type of housing. Providing lower rents for older adults helps to fill a public need. (See article on page 12 . ) This P roblem is compounded by the cutback in federal housing programs. 1: 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 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 P ro ' ect within this time, if the Cottages project did not develop. Requiring that the city receive a percentage of the sale of the property P ro in proportion to the city's investment of tax- increment � funds P P • over a five percent appreciation each year will l al low 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 Pg P exchange for city approval of tax - exempt financing. This is the first proposal to be considered following the adoption of the design upgrade P Y 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; f 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's distinctive, non- generic style 2. dead bolt locks 3* all parking spaces at least ten feet wide 4e 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. o This development would provide a senior housing opportunity that 2. •P he HRA does not exist in this area. A policy of t , since 1981, has been to promote the availability of a wider variety of senior housing options. Recommendation lo res olution on page 13 to grant preliminary approval of I. Approve the res 2 year mortgage revenue financing and the housing program for one . ,�� ear for $2.8 million to construct the Cottages of Maplewood . Approval is subject to the city's requirements for tax- exempt mortgage revenue financing, except that only four of the eight design upgrading options shall be required. In additio the project shall comply with the following 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. 3 II 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 Cottages of Maplewood Seniors bevelopment, subject to receiving a percentage of the sale of the property in proportion to the city's investment of tax- increment funds over an annual appreciation of 5 %. The actual amount to be approved will be decided once the total cost of the development is determined and once an independent appraisal is submitted to document the amount of public financing needed to achieve rents affordable to the average Maplewood resident between 50 and 70 Years of age'. The person chosen for the appraisal work shall be approved by the city. 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.) 20 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 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 l i f e 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 counc i 1, shall inform the c ty 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) (f) park (g) (h) (i) (j) room Usable open space provided above code minimum Electrical outlets adjacent to at least half the ing stalls for car heaters A children's play area Deadbolt locks Security system Swimming pool, tennis court, indoor multi- activity 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 .b -ond 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. 0 30 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 constructed. 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+ 4. Required Income and Rent Limitations Market rate units -Rent (in $324 $511 $484 $575 eludes utilities) (1 bedroom) (1 bedroom) (1 bedroom) ( 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 One Adult 50% 60% b. The county is requir affordable ( not more than adjusted gross incomes of income. Two Adults $12,938 $14,438 $15,525 $17,776 ing that 51% of the units must be 30% of gross income) to households with 20% or less of the metropolitan median For one- person households, the 80% ceiling is $21,300. For two - person households, the 80% ceiling is $24,301. In 1987, monthly rent, including utilities., would have been limited to $532.50 a month for a bedroom unit or $607.50 for a two- bedroom unit. 7 ce The applicant is proposing 1988 rents of $385 plus $60 (heating /cooling 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. 5. 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 will also attract persons generally younger and more independent (transportation and socially) than the Archer Heights and Concordia Arms 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 will 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. 60 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 1. Location Map 2. Property Line /Zoning Map 3. S i t e Plan 40 Newspaper Article 5. Resolution (Tax- Exempt Financing) f. Tax - Exempt Financing Plan 7. Resolution (Tax- Increment Financing) 8. Development Program and Tax - Increment 910 HRA Minutes Financing Plan 0 1 8 C lip. .. ate_ • .... � _ . _.. ...;,, ' f .._ . �! n 3) sC • .. j R R� j f R 2 •. F • •��. Avg 8C 01 • -f LOC ) f, C I MAPU , NJ R2•-� - _• ACfo A R A � PUO !12 3 R2 f F jL9C �� R• 3C PUfl s A Lr. 7� — F R P is p - - .- -- •, -- - - -tom. ._. e i F R R F R c�•�6ftL R L Nu 1 Zl t"8C ' C I * v i _F R • sec .A% F f # K • L____J l R � LBC � MI � R PA I LSQ ` b � C7 - R o � � _F1 of ' ? 1 . 6C A • M1 LOCATION MAP 9 ..Attachment 1 4 N a 1111 • ... :;1;: . titi •.• • .:: = '•�'f/.'^: '�a :: • i.:ti•:j�� f \: A M •.�;.•::::.; •. V A ION R �� .. .v: �.:•:.•: is v ��•::�:; :�:; • :�:: ::: ' !• : :. :: '�r:viw✓+i�:tir'vi: ' r:.•::: .'I %i.:•:+: • :��'1 } :•f • •i �J! t :.1r.: r ♦ /�. / IYJI.'.'. T E A ,vir: i;:•;vi <rti/ ..: ::::.• . .... .. . !.Y: • •.vr.tiv.riri4C!?0� 7. 3 3 1 to f�3s rs_ t V +T �• i • 4 • ..... J Off' + 843 43' + /! ' s : i It1 • sic 'rat p • so ac. 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D 2 Z o J S 1 �A PROPERTY LINE /ZONING MAP 10 Attachment 7 4 N 4 214 ,t . 12 �.. 1 w 8 205. ` 2916 20 3 •O 29 O � �• �� 103.60 log 00C 17 Or. 4 . l ob / 3C / ,� 'J �7� 2 a '7 w • t 111 • Cz Ar _ 14 PROPERTY LINE /ZONING MAP 10 Attachment 7 4 N • I • 1 I I i •w • SITE PLAN Possible future Attachment 3 garage space • LlmiJt Yid � «/Y� 1 • • f • oil i qb op •• 1 •• •' ' ' �• 1 ` •• _. ._...._ i a lo Got / • 1 / •• • • OP GG • • 1 • •. • • ` • , do to V . GIG .10 1 I . I� ,� • • • t . 1 ' ' I •� lit Go 1 �- • 1 I • • . 1 Q N Dakota Co unty t axes to help finance ho By Jim Adams Staff Writer Dakota County residents for the first time next year will pay a small part of their property taxes into a housing fund for lower - income senior cids 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. . Ulfers noted that a study done this year for the county estimated that about 2,300 of 3,400 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 rent. 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 ing for eniors -West St. Paul can have an income of up to $24,300 for a couple, Erickson said. "Most eopie think.opD . . County as predominantly a county. young ut we have a great number of seniors in West St. Paul and .South St. Paul. -Steve Loeding, chairman, Dakota County Board 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 $13,500 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 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 HRA's 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." 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- iors, 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 built in West St. Paul will provide 86 subsidized units and 102 units priced at market rates, Erickson said. 12 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 build- 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 MLI: 11/11/87 570M MODIFIED DEVELOPMENT PROGRAM for DEVELOPMENT DISTRICT N0. 1 TAX INCREMENT FINANCING PLANS FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1 (Zantigo and Maplewood Square) HOUSING DISTRICT NO. 1 -1 (Maple Ridg Apartments) HOUSING DISTRICT NO. 1 -2 (Maple Ridge Estates Apartments) ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 (Mall Addition and Main Street Store) HOUSING DISTRICT N0. 1 - 3 ( Cottages of Maplewood) for CITY OF MAPLEWOOD, MINNESOTA December 14, 1987 This document was drafted by BRIGGS AND MORGAN 2200 First National Bank Building St. Paul, Minnesota 55101 3� 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, 1985 The Program for Development District No. 1 was adopted by the City Council. ,Tune 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. 1 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, 1986 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) : September 28, 1987 The Tax Increment Financing ncin 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 N0. 1 1.10 Definitions The terms defined below shall, for purposes of this Development Program and Tax Increment Financing Plan, have the meanings herein specified, unless the context otherwise specifically requires: " City " means the City of Maplewood, a municipal corporation and political subdivision of the State of Minnesota. The City has a Statutory City -Plan A form of government. " Comprehensive Plan means the City's Comprehensive Plan submitted to the Metropolitan Council pursuant to Minnesota Statutes 473.173 which contains the objectives, policies, standards programs g ndards and g rams 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 body. See "Governing Body" below.) "Count*" means the County of Ramsey, Minnesota. " Development District Act means the statutory provisions of Minnesota Statutes, Sections 469.124 through 469.134, as amended and supplemented. " Development District means Development District No. 1 in the City, which is created and established hereto pursuant to and in accordance with the Development District Act, and is geographically described in Exhibit A. " Development Program means this Development Program for Development District No. 1, initially adopted by the Council on October 28, 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 public facilities to be constructed within the district, the open space to be created, the environmental controls to be 3 L -3 _); applied, the proposed reuse of private property and the 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 - portions of a project, not meeting the requirements. found in the definition of redevelopment district or housing district, 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. 8. " 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. 11. " Municipal Industrial Development Act means the statutory provisions of Minnesota Statutes, Sections 469.152 through 469.165, as amended. " Municipality " 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. l 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 Financing 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, to 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 parcels 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 to the tax base of the City to their full potential. In addition, it 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 (3S 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 _Authority THE DEVELOPMENT DISTRICT ACT. The Development District Act, authorizes the City, upon certain public purpose findings by the Council, to establish and designate development districts within the City and to establish, develop 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 3� 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 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 VA 37 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 areas 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 3� (1) Encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compatible with the Development Program. 1.6 Boundaries of . Develop e t The area within the Development District is set forth in Exhibit A. . 1.7 Development Activities Development activities within the Development District must be financially feasible, marketable and be compatible with long -range development strategies of the City. The following recommendations 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; E (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 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 eligible expenses, by reimbursement of Developers for items of 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 City 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, I public improvements and private development shall be carried out in a manner consistent with existing environmental standards. 1.10 Park and Open Space to be Created Park and open space within the Development District No. 1 will be created in 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 Lq1 , ( b ) the improvement of Playcrest Park located at P 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 1011. Pro osed Reuse of Propert The Development Program does not contemplate the acquisition of private until such time as a private developer presents an economically feasible program property am for the reuse of that property. _ , in order to be considered, must be.within the framework of the above cited goals and objectives, and must clearly demonstrate feasibility as a public program. Prior to formal consideration of the acquisition of any property, the City Council will require- a binding contract, performance bond and/or other evidence or guarantees that a supporting tax � re a the increment or other funds will be available to repay public p cost associated with the proposed acquisition. It shall be the intent of the City to negotiate the acquisition of whenever necessary. Appropriate restrictions property • velo redevelopment of property shall regarding the reuse and rede be p P P incorporated into any land sale contract to which the City is a part. 1.12. Administration and Maintenance of De velopment ' tenance and istrict. M of the public in P improvements will be the responsibility of the City Manager who shall serve as administrator of the Development District. The administrator will administer the Development t ict pursuant to the provisions ons of Section 469.131 of the r P Development District Act; provide d however ► that such powers may only be exercised at the direction of the Council. No . action taken by the administrator pursuant to the above - men powers owers shall be effective without authorization by the Council. 1.13. Rehabilitation Owners of properties within the ment District will be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as 'well as any design standards. Owners of P ro p erties who purchase property within the Development . Cit • from the Y may be required to rehabilitate their Dis trict as condition of sale of land. The City will properties ' assistance as may provide such rehabilitation Y be available from federal, state or local sources. 12 L 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 Dev elopment 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 size of the Development Distr and the Tax Increment Financing Districts, the public cost of the Development Program and the amount of Tax. Increment Bonds to be issued to finance 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, 1985] • 1 86 [Modified June 23, 9 l 2.1 Statement of Objective See Section I • , Subsection 1,w5 Development Program for Develop District No. 10 2.2 Develo merit Program See Section I Subse t cion 1.3 Development Program for A , Development District No. 1• " 2.3 Parcels to be Included in Tax Increment Financin District ECONOMIC DEVELOPMENT DISTRICT N0. 1 -1 District No. 1 - 1 is made up of Economic De velopment ocated within Development certain parcels 1 t District'No. 1. The specific parcels contained in the Tax In crement District are described in Exhibit B. HOUSING DISTRICT NO. 1 - 1 t No. 1 -1 is made up o Housing Distric f certain parcels ecific located within Development District No, 1. The specific Housing District No. 1 -1 are described in parcels contained in Ho g Exhibit C. HOUSING DISTRICT NO. 1 - 2 Distr No. 1 -2 is made up o Housing Distr f certain parcels ecific located within Development District No, 1. The s pecific ousin District No. 1 -2 are described in parcels contained in H g Exhibit D. 2A Parcels to be Acquired the City does not inte • n At this time Y d to acquire and property withi reconve an p p Y _ Y any to specific developers parcels �l Y ) e City* The City intends to acquire rights of way in the Y connection with the construction of certain public improvements within the Development District The City tends to acquire two parcels of land if it undertakes the intends 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 ale i tion: That Legal description: art of the West 408.8 p P feet of the E+ 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 E+ of the SE -1/4 and South of the North 912.00 feet of said. of SE -1/4, according to the U.S. Govt. Survey thereof. Size: 4.11 acres. s of the south property ee Owner are Lawrence S. P P Dotte and Donald A. Kainz, 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 and The North 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 Activit in Develo ment Di strict No. 1 for which Contracts Have Been qAln (a) Zantigo Restaurant on County Road is being Y developed b Zantigo Mexican Restaurants, Inc. on County P Road D West of White Bear Avenue. The contractor is W illiam Kranz Construction and the cost of the project is � $260,000. 15 L q�' e Square Shopping Center is being (b) Maple q - .Weis Builders, developed by Curt Johnson and Joe Weis ear P tion of Gerva is Avenue and White B Inc at the intersection Avenue. The contract is Weis Builders and the cost of the P roject is $2,318,383. _ Apartments is being developed by (c) Maple Ri dge Ap D west of Company on County Road Podawiltz De velopment White Bear Avenue. The contracto r is Avon Lumber Company, Inc. and the cost of the project is $2,800,00 Apartments is being Ridge Estate Apar (d -} Maple 9 or oration at the b. Maple Ridge Development C, er Avenue. p developed Y Road and Stillwater intersection of Stillwater and the cost e contractor is Steve Haight Construction Th of the project is $3,999,0 00. • e 2.6 Other S ec i f i c Deve to nt Exp ected to Occur Within m D evelopment menu District No. 1 (a) the construction of Century Ridge Apartments on C y entur Avenue south of Battle Creek; (b) the construction of Hazel Ridge Apartments at intersection of the i 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; p (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. ' ated costs of certain of the public The estim • d ark improvements se improvements an t forth in the p P District No. Development D ment Program to be made within Development p b tax increments to be derived from Economic l 0 and financed Dist rict No. 1 -1 and Y District No. 1 - 1 Housing Dist De velopment within Development District No. 1 are Housing District No. 1 - 2 $2,188,870. 16 "��) PUBLIC IMPROVEMENTS & PARK IMPROVEMENTS [Section 1.7(c)(i) through (viii)] LEGAL FEES, PLANNING FEES, COSTS OF ISSUANCE & CONTINGENCY BOND DISCOUNT INTEREST ON BONDS PRIOR TO RECEIPT OF TAX INCREMENT TO FULLY FUND PRINCIPAL AND INTEREST LESS INTEREST AND INCOME DURING CAPITALIZED INTEREST PERIOD .EARNED AT 6% $2,188,870.00 $ 33,644.35 $ 47 $ 236,511.79 ($ 16,336.14) TOTAL AMOUNTS OF BONDS TO BE SOLD $21490r000,00, qt Tp PnRT I VE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS OR DEVELOPMENT DISTRICT UNDER DEVELOP PRUUKAM 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- ficient to pay interest on the MENT TO FULLY FUND 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 4750 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 'F7 2.8 Estimated Amount of'Bonded Indebtedness. It is ,anticipated that Tax Increment Bonds in the amount of $2,490,000 will be incurred with respect to this portion of Development District No, 1. 2.9 Sources of Revenue It is anticipated that the sources of revenue to pay the costs associated with Development District No..1 are- Tax Increment ement Bond proceeds, state -aid funds, special assessments and park funds. 2.10 Original Assessed.Value and Fiscal Dis a rities. ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1: The original assessed value of all taxable property in Economic Development District No. 1 -1 as most recently certified b the Commissioner of Revenue of the State of • Y made in 1985 with respect Minnesota, being the certification m P to the assessed value of such property as of January 2, 1985, for taxes payable in 1986 is estimated to be $278,560. Minnesota Statutes, Section 469.177, Subd. 1, requires that the original assessed value in economic development districts be adjusted on an annual basis. -The rate of adjustment is equal to the average percentage increase in the assessed value of all property in the Economic Development ment District No. 1 -1 during the five years prior to certification. The rate of adjustment for the is approximately 1.084 %0 The City hereby elects the method of tax increment computation set forth in Section 469..177, Subd. 3, clause (b). HOUSING DISTRICT NO. 1 -1 The original assessed value of all taxable property in Housing Di strict No. 1 -1 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1984 with respect to the assessed value of such ro ert as of January 2, 1985, for taxes payable in P P Y 1985 is estimated to be $3,160. 18 L.4 8 HOUSING DISTRICT NO. 1 -2 The original assessed value of all taxable property District No. 1 -2 as most recently certified by In the Housing Dis • Revenue of the State of Minnesota, being the Commissioner of the certification made in 1985 with respect to the Assessed o such property as of January 2 1985 , for taxes Value of • P • P in 1986 is estimated to be $37,4400 payable 2.11 Estimated Ca tured Assesse Value* r the Count Auditor w Each year Y ill measure the amount of increase or decrease in the total assesse d value of 0 ment District No. 1 -1, Housing District No. Economic Develop to the tax 1-1 and Housing District No. 1 -2 t increment-payable calculate ncrement a Y able to. the City of Maplewood In y ear in i which there is an increase in total assessed valuation n Economic Development ment District Na. 1 -1 Housing District No. District No. 1 -2 above the l -1 and Housing Dist original assessed value a tax increment will be payable any Y Y ear in which the total assessed valuation in Economic Development District - District No. 1 -1 and Housing District No. 1 -2 No. 1 1, .Housing Distr no assessed declines below the original assessed valuation, . 1 be captured and no tax increment will be valuation will P . payable. The County nt 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 enl ar g ement of the geographic . boundaries of the district; 3, change due to stipulations, adjustments, negotiated or court - ordered abatements. ECONOMIC DEVELOPMENT DISTRICT NO, 1 -1 Up on completion of the development expected to occur within Economic Development District N o. 1 -1 the City s the assessed value of the Property erty within Economic Development District No. 1 -1 to be $1,822,566. 19 The captured assessed value upon completion is 1 a roximate $1,233,838.73. This amount expected to annually PP the Tax Increment will 1 be captured for up to 8 years or until P Bonds are retired* The city requests 72.8339% of the available increase i n assessed value from Economic Development District No . l - 1 for repayment of Tax Increment Bonds and expenditures authorized by this Tax Increment current exp _ • the balance of the - increase being used to pay Financing Plan ( Economic Development fiscal dis araties contribution of P the f P Distritct No HOUSING DISTRICT NO. 1 -1 expected to occur the development Upon completion of p • • District No. 1 -1 the City estimates the within Housing . 1 -1 assessed value of the property within Housing District No to be $794,750. The captured assessed value upon completion is roximate $791,590. This amount will a expected to annually pp Increment captured for u to 25 years or • lably be p P until the Tax is 100% of the available Bonds are retired. The City reques • assessed value from Housing District No. 1 -1 for increase in assess Tax Increment Bonds and current expenditures repayment of T 'n authorized by this Tax Increment Financing plan. HOUSING DISTRICT N0. 1 - 2 p 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 p y to be $1,300,500. assessed value upon completion is The captured asse P will annually approximate $1,263,060. This amount .expected to an Y PP the Tax Increment be captured for up to 25 years or until • P d. The City requests 100% of the available Bonds are retire y ' No . 1 -2 for increase in assessed value from Housing District • Tax Increment Bonds and current expenditures repayment of authorized by this Tax Increment Financing plan. 2,12 T vp e of Tax Increment Financin District. ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1 Pursuant to Section 469.174, Subd. 12 of the Act, u that Economic Development District No. 1 -1 the City finds „, qualifies as an "economic development district . 20 Sa Economic Development District No. 1 -1 does not 1 ' meet the requirements to qualify a s either a housing or a redevelopment district. 2. The creation of Economic Development District rest because it will is in the public interest 1 1 p No. base of the City and it will preserve and enhance the tax result in increased employment within the City• HOUSING DISTRICT NO. 1 -1: and HOUSING DISTRICT NO. 1 -2: Pursuant to Section 469.174 , Subd . 11 of the Act , the City t finds that Housing District No. 1 -1 and Housing District No . 1 -2 each project qualify as a "housing district" • because a portion of P intended each ect is for occupancy, in part, def fined in Minnesota b ersons of low and moderate income as by .persons Title II of the National Housing Act Statutes, Chapter 462A, of 193, 4 the National Housing Act of 1959, the United States _ • as amended, Title V of the Housing Act of Housing Act of 1937, uture federal, 1949, as amended any other similar present or f state or municipal legislation, or the regulations promulgated under any of those acts. 2.13 Duration of Tax Incre Financing Distri ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1: The Act allows "economic development districts" to existence for a period of 8 years from the receipt remain in exis P of the first tax increment or 10 years from the approval of financing plan, whichever is less. Based on the tax increment g P these limitations it is anticipated that Eco nomic Development District No. 1 -1 will remain in effect until eight years from the receipt of the first tax increment. HOUSING DISTRICT N0. 1 -1: and HOUSING DISTRICT NO. 1 -2= The Act allows "housing districts" to remain in existence f or 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 h 9 No. 1 -2 will remain in effect until June, 20129 21 SI 2.14 Estimated Im act of Tax Increment F inancin . ECONOMIC DEVELOPMENT DISTRICT NO, 1 -1 The estimated impact.of Economic Development District No* 1 on the other taxing jurisdictions within E conomic Development District No. 1 -1 is set forth on Table I. HOUSING DISTRICT NO. 1 - The estimated impact the other taxing jurisdictions is set forth on Table II. HOUSING DIS' The estimated impact the other taxing jurisdictions is set forth on Table III. 2.15 Cash Flow Analysis of Housing District No. 1 -1 on within Housing District No. 1 -1 rR I CT NO . 1 2 of Housing District No. 1 -2 on within Housing District No. 1 - See Table IV. 22 �Z� ECONIMIC DEVELOPMENT DISTRICT We W DEVELOPMENT DISTRICT IMPACT ON . TAX RASE: CITY OF a e. O RIGINAL -- DISTRICT A• FUTURE ASSESSED DISTRICT AS PERCENT OF AS SLSSED PERCENT OF JURISDICTION VALUE JURISDICTION SDICT ION TAX BASE VALUE JURISDICTION 1 22 .0569' 3 200, 409 , 041 2789560 COUNTY OF RAMSEY � .0087 2789560 .1059 198229566 .6926'_ M • 1 wood 26391469550 . SCHOOL DISTRICT #622 376 278 DEVELOPMENT DISTRICT IMPACT ON MILL RATES 17.747 32 , 345 CITY OF Maplewood ' 11 6.310 OTHER ICT # 622 59.453 108 , 357 SCHOOL DISTR .0740 108229566 94842% POTENTIAL CURRENT MILL RATE TAXES GENERATED JURISDICTION -- -- 509080 COUNTY OF RA MSEY 31.867. jurisdictions i 1. Other taxing nclude • HOUSING DISTRICT N0. 1 -1 DE VELOPMENT DISTRICT RICT IMPACT ON TAX BASE to r RATES: � I STRICT IMPACT ON MILL pEVELOPMENT D � POTENTIAL --�' � CURRENT MILL RATE TAXES GENERATED JURISDICTION - ---- 2 5 , 326 COUNTY OF RAM SEY 31.867 17.747 14 ,104 CITY OF Maplewood OTHER ( 1) 6.310 5,015 47 SCHOOL DISTRI #624 59.453 1. Other taxing j urisdictions include ORIGINAL DISTRICT AS FUTURE ASSESSED DISTRICT AS PERCENT OF ' SSED ASSN. PERCENT of JURISDICTION VALUE W-0 ------- ION m1mm JURISDICTION JURISDICTION TAX RASL VALUE 7 750 4 9 .0247% COUNTY OF RAMSEY 3922004099041 3 ,16�J .0001 % 263,146, 550 3,160 0 0012% 794 .3020% CITY OF MAPLEWOOD 7949750 * 3490% SCHOOL DISTRICT X62 4 227,746,171 3,160 00014 to r RATES: � I STRICT IMPACT ON MILL pEVELOPMENT D � POTENTIAL --�' � CURRENT MILL RATE TAXES GENERATED JURISDICTION - ---- 2 5 , 326 COUNTY OF RAM SEY 31.867 17.747 14 ,104 CITY OF Maplewood OTHER ( 1) 6.310 5,015 47 SCHOOL DISTRI #624 59.453 1. Other taxing j urisdictions include HOUSING DISTRICT N4. 1-2 DEVELOPMENT DISTRICT IMPACT ON TAX BASE: � T IMPACT ON MILL DEVELOPMENT DISTRICT TAXES . GENERATED JURISDICTION CURRENT MILL RATE . ----- 41, 443 COUNTY OF RAM SEY 31.867 17.7 23 _ CITY OF Maplewood . 8 6.310 OTHER ( 1) 77,319 SCHOOL DI STRICT 622 59.453 Other taxing jurisdictions include: s w rn H H ORIrINAL DISTRICT AS FUTURE ASSESSED DISTRICT AS OF PERCENT OF AS SLSSED PERCENT OF JURIS VALUE JURISDIC JURISDICTION TAX RASE VALUE 1, 300 500 e0404% COUNTY of R AMSEY 3922094099041 379440 .0012X , 1 300, 500 .4942 CITY O F Map 1 ewood 263 ,146 , 550 37,440 .0142 1 300 5C�0 .3455% SCHOOL DISTRICT � 622 376,434,995 37.440 .0099 , � T IMPACT ON MILL DEVELOPMENT DISTRICT TAXES . GENERATED JURISDICTION CURRENT MILL RATE . ----- 41, 443 COUNTY OF RAM SEY 31.867 17.7 23 _ CITY OF Maplewood . 8 6.310 OTHER ( 1) 77,319 SCHOOL DI STRICT 622 59.453 Other taxing jurisdictions include: s w rn H H C 11 V of I i rimsot a Casn F i aw * Ana i VS 1 S Ate j. C !8L 10t al Cumulati COveraie Factor Pri - • -• .iou;tn i-2 Econot�c t - Total Caottalited n Interest Dent Service 9 Couoo �;►ar� ..... Pr�ncipa1 Cste Revenue Revenue housing Revenue interest 1. 44 162, 865.10 f62, 885. M 1 . • �� 162, 885.14 162, 1.111 .,981 1T 10Jx 54,724,88 89, 258.21 73, 626.19 158 266.00 343, 266.14 114.78 l :)34 3, 33 368.964.18 185, 008. 5.808x +]. S0 37, 513.53 166% yby 9: 474. 1os5.956. b9 123, 533.53 . �- 198, 086. 5.25ax 1 48.64 ]. Sa 33696 t 45x • ; 5 9x.69 121, 125. ae 359.456...E 588x 136 160. W 338,160.44 55, 094. _. .: . , 4 .56 208 086. 5. .. � , 6'� 1,118613 85.75 355, 737.80 126 3oa. as 336.366.4�i 71,519-8 1 51, 4 A. 56 14 5, 9 JE 216, 8�. 0a 6. j1h . b9 :' S. 358.89 352.789.3 333, 244. t� 8T. 8]3.94 195% 145.956 49.554.07 22�i, 868. ee 6.288x 1 13,24j.68 .� 114, 94.34 145x • :. , 6 1 4. `,6 ; 45, 551,. 69 112.162, 82 341554,87 236.808.08 6.4aax 9% 064, as 329, 166. 146x • = • 45 '56.69 188, 699.15 36.1 sa. 4a . .78Q�x 83.660.10 323, 661.44 123, 668..2 3 3 ; � , � 1 x.16 � � • � � �3 342 375.18 248, 135, 896 8Q8.80 6 c 69 10 4, 9 4 .1 T8 i 95 ae 2 25,195. ..31 : �5x 9., 4 A. 56 14,,, 9 - -• 15.,, a8a as 7.OM � • C �� 9 237, 431.25 - 58 838. e4 223, 834.0 149, 497.62 106% i., . �... • 6 2 37 431.25 165, aQ�B. e�4 7. �8ax 166, 698.87 105% g ?37 06 , 9 , 14.56 95c. E9 1 as aae. 8a ]. 48ax 46, 236. ll 226, 231. b9 , 431.25 . � t 4 . y 1a. T. 6Q8x 32,160.44 221,161.14 174, 978.12 :05x 9 t , � 1 ...6 c � � 2, 431 226, 665006 181, 736.37 195, QQ�B. a4 b9 1 6,66199 i�lSx 31 _ :�� 1: 145, 5.,6. c 3T 431.25 �10. 734% 7Z - E 3 , 4 2 4.84 114, 2969 0 344, 677.62 298% 14.,, 956, I /�� 111, 0a@. ae L OU% , 237, 431 ....+ 91, 4 145, 956.69 -- ------- ---- -- _99_99..__ ••- __- __ - -__ _ -___.• ------- - - - - -- ------- - - - - -- ------- - - - - -- ------- - - - - -- --- __- ____ - -- - - - - --- 1 421,527.51 3,91,527.51 344,677.62 4l4. � � 9999. T 1 858, 753. �5 3, 979, 893. 236, 51 2, 491• ::: :a ssass sn = sass _ - - - - -- s.ss__ «..s - -a =ssz= sssz = -ss sssssaass -sss ssssss:s ss:ss= sss�s= ssssssssss r •' - ore of the coverage `actor "ryes riot 1rc.Jae ' :,t ereit earned on the Da: arnce. re ?area 3 Mt l :er l Schroecer F t nark i a i : 6/13/65 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 - 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 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 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 P Housing District No. 1-2, as the case may be by the assessed value of the improvements for which the building permit was a P 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 th e 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 Y s stems. 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 Dis t r icts. In accordance with Minnesota Statutes, Section 469.175 ► Subd. 4, an y 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 determination or capitalize interest on debt if 9 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 authorit shall be approved upon the notice and after the discussion, public hearing and findings required approval of the original plan. The geographic area of a for pp a Tax Increment Financing District m 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 Developme District No. 1 - Housing D istrict No. 1 -1 and Housing District No. 1 -2 districts may therefore be expanded until 1990.. _ 2.20 Limitation on Administrative Ex e nses In accordance with Minnesota Statutes, Section 469 , .174 Subd. 14 and Minnesota Statutes, Section 469.176, Su bd. 3 administrative expenses means all expenditures of an authority uthorit other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and se , rvices including architectural and engineering services, directly ectl connected with the physical development of the real _ services provided for persons 9 property n the district, relocation benefits paid to or y 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, planning lanning or economic development consultants* be used to a No tax increment shall pay any administrative expenses for a project which exceed ten percent of the total expen p � tax increment expenditures authorized by the tax increment P fin ancin g p plan or the total tax increment expenditures for the projec whichever is less. 2.21 Limitation on Duration of Tax Increment Financing Districts Pursuant to Minnesota Statutes, Section 469.176, S ubd. 1 "no tax increment shall be paid to an authority three ears from the date of . certif i.cation by the County Auditor Y unless within the three - period (1) bonds have been issued y ear pursuant to Section 469.178 or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to S ections 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 P ublic improvemewnts within the district..." The Cit y must therefore issue bonds, or acquire property, or to be constructed b construct or cause public improvements Y 1988 or the County Auditor may dissolve the applicable Tax Increment Financing District. 25 sy 2.22 Limitation on Qualification of P in Tax Increment Fi ancin Districts Not Subject to Impro vement 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 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 c _ � commenced on a arcel located within a tax increment financing district F 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. 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 L 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 11, 2.18, in order to provide further public improvements within the development district. 2.24 Administration of Tax Increment Financing - Districts. Administration of Economic Development District No. 1 -1, Housing District No. 1 -2 and Housing 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 No. 1 -1, Housing District No. 1 -1 and Housing District No. 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. 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 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 multidistri.ct 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 27 (::4( 4. Be consistent with generally accepted accounting principles. In addition, •tion the report shall contain the following re 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; 3. The outstanding principal amount of bonds issued or oth e r loans incurred to finance project costs in the Tax Increment Financing District; 4. For the reporting period and for the duration of P - the Tax Increment Financing District, the amo unt 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 tot property al cost of the 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 P rivate entities for facilities located in the Tax Increment Financing District. 28 GZ SECTION III TAX INCREMENT FINANCING PLAN FOR ECONOMIC DEVELOPMENT DISTRICT N0. 1 -2 [Adopted September 28, 19871 3.1 Statement of Objectiv - Subsection 1.5, Development Program Ior See .Section I, Su _ Development District No. 10 3.2 Development Program. See Section I, Subsection 1.3, Development Program for Development District No. 10 3.3 Parcels to be Included in Tax Increment Financin. District. ECONOMIC DEVELOPMENT DISTRICT N0. 1 -2 District No. 1 -2 is made up of Economic Development Dist 1e, certain parcels located within Development District N o, • contained in the Tax Increment District The specific parcels c are described in Exhibit E. 3.4 Parcels to be Ac wired. • Economic Development District No. 1 -2 In connection with Ec an parcels City not intend to acquire and reconvey y p • the Ci y • developers of property within the City. The City to specific develope P P -intends to acquire rights of way in connec tion with the ertain public improvements within the construction of c P Development District. 3.5 Development Active 't in Develo ment District No. 1 for which Contracts Have Been Signed. o Restaurant on County (a) Zantig Road is being developed by Zantigo Mexican Restaurants, Inc. on County • West of White Bear Avenue. The contractor is • s Road D, the cost of the project i William Kranz Construction and $260,000. Ridge Square Shopping Center is being (b) Maple g q Y developed b Curt Johnson and Joe Weis - Wei s 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 contracto 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 Deve 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 G�f PUBLIC IMPROVEMENTS [Section 1.7(c) and ( x) l $ 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 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,' band 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 G� 0 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. 3.10 Original ,Assessed Value and Fiscal Disparities ECONOMIC DEVELOPMENT DISTRICT N0, 1 -2: The original assessed value of all taxable property in Economic Development District No. 1 -2 as most recently 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 1987 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 %0 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 . P increment payable to the City of Maplewood. In any year in 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 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 dis P araties contribution of Economic Development District No. 1 -2). 3.12 Type of Tax Increment Financing_ District ECONOMIC DEVELOPMENT DISTRICT NO. 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 �7 3.13 Duration of Tax Increment Financin Districts ECONOMIC DEVELOPMENT DISTRICT NO. 1 - The Act allows "economic development districts" to remain in existence 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. c� TABLE V ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2 ECONOMIC DEVELOPMENT DISTRICT IMPACT ON TAX BASE: Jurisdiction County of Ramsey City of Maplewood School District No. 622 District as Future Percent of original Jurisdiction Assessed Tax Base Value 3,283,594,890 151,113 274,691,365 151.113 297,420,326 151,1 District as Future Percent of Assessed Jurisdiction Value .0046% 1,903,363 00550% 1,903,363 .0508% 1,903,363 ECON OMIC DEVELOP DIST RICT IMPACT ON MILL RATES: Jurisdiction County of Ramsey City of Maplewood Other (1) School District No. 622 Current Mill Rate 32.225 18.387 6.843 59.110 61,336 34,997 13,025 112,508 District as Percent of Jurisdiction .0580% .6929% .6400% 1 Other taxin g jurisdictions include: Metro Council, Regional.Transit Commission, • Mosquito Control District, County Library District an d Metro t Watershed . Area Potential Taxes Generated TAX lNLkLMLN.*f L64bH i-;LUW 1 iUMMANY hLPUHT TABLE VI CITY OF MAPLEWOOD, MINNESOTA MAIN STREET STORE PROJECT 560,496 405, 0 0 329 a5 576,e545 ----------------- REVENUES ----------------- I I ----------- EXFIENSES ----------- I YEAR END LOWEST TAX BOND INVESTMENT PROJECT DEBT ANNUAL CUM. CUM. YEAR INCREMENT PROCEEDS INCOME ------------ OTHER ------------------------------ COSTS OTHER SERVICE BALANCE ---- ----- BALANCE r---- -r- BALANCE - - - -.r 19138 0 405 0 0 329 25 14,204 36.,546 36, 36 546 1989 0 0 0 4) 0 0 24 (24, 350) 12 12 1990 71 0 0 0 0 0 24 46, 880 59 21 1991 70 1) 0 4) to 4) 63 9 3oo 7 66 6 1992 709562 0 0 0 V 0 66- (30. 35,940 10 547 1993 70 1) 0 0 0 63 6 42 842 16, 1994 69 0 0 0 0 0 65. 4,327 47, 169 19. 1995 699562 0 1) 0 U 4) 62,735 6,994 54 0:4 1996 69,228 O c► 0 c► 0 64,505 4., 890 59, 053 28 1997 680694 0 o 4) 1) 0 65 3 620 234- 29 767 1998 . 0 0 0 0 0 61. (27. 34, 34, 701 560,496 405, 0 0 329 a5 576,e545 rtn z v�..1 1 rilra -�j Lill It-' 1 A WO :j .+u••r t r�r`u« 1 CITY OF MAPLEWOOD o MINNESOTA MAIN STREET STORE PROJECT ASSESSED VALUE ($00 0) X TAX AVERAGE ANNUAL LEVY COLL. MILL. I NCRMT INVEST. GROWTH RATE YEAR � � � � � •� YEAR � � � � � •� � � TOTAL � � � �'w � r w � � � r BASE � � r � � � r y RATE � w � w � r � � •. r. AVAIL. w w...i� . w � .� w RATE •� � � w � .� . � � . OF ASSESSED VALUE •wr r.n w � •rte � � w � � . .w r � � � w � � r 1987 1988 135 135 1190210 70 m O0 00 000 . 5th - BASE = 2w 50' 1988 1989 138 138 119,6 70.00 U. caoo 1989 1990 995 141 1 19. '210 700 00 00 000 TOTAL 0000 199th 1991 995 145 119.210 70. 00 O. ool) -, 1991 . 1992 995 149 119. 210 7(1v00 0 1.992 1993 995 153 119. 210 70,m00 0. 000 1993 1994 995 157 1190210 70e()0 09 000 1994 1995 995 161 119.210 70. 00 00 000 1995 1996 995 165 1 70.00 00000 1996 1997 995 169 1190 21 70.00 00 000 i 0 I HA L 14L: Kt:At - V ! b1 NL) I t3 tout 1 Y "r t-' U f % I CITY OF MAPLEWOOD, MINNESOTA MAIN STREET STORE PROJECT BONDS 7MS - -r---- -- .terww.ter - ---' INTEREST START DATE Jars --88 FIRST INTEREST DATE Aug --88 BOND YEARS c:, 788 m 7 50 AVERAGE LIFE 6 e 886 YRS. AVERAGE COUPON 6.151 % r PRINCIPAL. RATE INTEREST PRINCIPAL DEBT SERVICE YEAR • w. PAYMENTS • r i w A w r w w (%) . • . r .w• .. w PAYMENTS w .w i w . .. w ..r w r & INTEREST r r w• .vw - � r � COVERAGE RATIO w w .� 1988 5. 250 14, 14, Cap I n t 1989 0 5. '250 24, 24,350 Cap I n t 1990 0 5o250 24, Z:4, 350 Cap I n t 1991 40, 000 5 * 250 23,300 63, 300 1 12 .5 3 1992 45, 5s500 214 C)13 66,013 10 7.4 0 1993 45, ODO 5. 7OO 18 63,493 1 11.13 1994 50, 000 5.900 15, 65,735 10 6 . 8 4 1995 50,000 6s100 1 62,735 111,41 1996 55, 60200 9, 9 505 64,5o5 1 G 7.8 4 1997 60 000 6,v400 5 1 880 65,880 1 1998 60, 000 6. 600 1, 980 6 111 * • . w ••w r .... w •+ wr. wr rr 405,000 w .... w ... w w• •... .. r .. 171,545 •r .. « •+ .... .. ... • •ii ..n. 576, INTEREST START DATE Jars --88 FIRST INTEREST DATE Aug --88 BOND YEARS c:, 788 m 7 50 AVERAGE LIFE 6 e 886 YRS. AVERAGE COUPON 6.151 % r TAX INCREMENT CASH FLOW 's"UMMARY REPORT TABLE VI CITY OF MAPLEWOOD, MINNESOTA MAPLEWOOD HALL ADDITION PROJECT 594,446 440, 0 359,750 25,,000 628,4332 -------------------- REVENUES ----------------- ----------- EXPENSES ----------- I YEAREND LOWEST TAX BOND INVESTMENT PROJECT DEBT ANNUAL Cume CUM. YEAR INCREMENT PROCEEDS INCOME ---------------------------------- OTHER COSTS ~ --------------------------- OTHER SERVICE BALANCE BALANCE --- BALANCE --- --- -_- 1988 0 440- 0 0 359,750 25 15, 454 39, 796 39 39. 1989 G 0 (3 0 0 0 26 (26 13 13 1990 741,426 0 0 0 0 0 26 492 47, 934 61,238 513 1991 74v410 0 4) 0 0 0 70 4, 099 65 a 992 1992 74 0 0 0 0 0 67,893 (30,713) 34, 89 - ='- 1993 74 0 Q 4) 0 0 70,231 4 38 1 t) 9 76 1994 749280 0 0 0 0 0 G-7 6,972 45, 708 16,496 1995 749242 0 o i i 0 4) 69 5, 083 50 19, .-J20 1996 749242 0 0 0 0 70, 640 3. 54, 393 21 1997 749160 4) 4) 4) 1) 71 700 2, 501 56,894 22 124 1998 0 0 0 0 0 0 72,310 (35 230) 21, 664 21, 664 594,446 440, 0 359,750 25,,000 628,4332 TAX INCREMENT BOND ,ISSUE SUMMARY REPORT ,.CITY OF MAPLEWOOD, MINNESOTA MAPLEWOOD MALL ADDITION PROJECT BONDS — — — — — — — — — — — — — — — — — 4 40 9 ()()() INTEREST START DATE FIRST INTEREs-r DATE BOND YEARS AVERAGE LIFE AVERAGE COUPON 188, O32 Jan-88 ALl 3 6e936 YRS9 6.162 Y. PRINCIPAL RATE INTEREST PRINCIPAL DEBT SERVICE YEAR PAYMENTS X PAYMENTS & INTEREST COVERAGE RATIO 1988 5o250 15,454 15,454 Cap Int 1989 0 54o250 26, 492 26.,492 Cap Int 1990 0 5-m250 26 26, 492 Cap Int 1991 45. 000 50250 25, 70, 31 1 105,85 1992 45,000 5. Stara 22 6-7 109*60 1993 50, 000 5w700 2t), 23.1 70, 105*88 1994 501 5, 9ot) 1-7, ti, 7 , 3:: 110o38 1995 55, 6, 100 14, 69, 107*38 1996 6o',000 6,200 10,64o 70,640 105,10 1997, ir-.j5, 000 6o400 6, 7(30 71,,700 103.55 .1998 70,000 60600 2 72 310 102,56 4 40 9 ()()() INTEREST START DATE FIRST INTEREs-r DATE BOND YEARS AVERAGE LIFE AVERAGE COUPON 188, O32 Jan-88 ALl 3 6e936 YRS9 6.162 Y. 0 TAX INCREMENT ASSUMPTIONS SUMMARY REPORT CITY OF MAPLEWOOD MINNESOTA MAPLEWOOD MALL ADDITION PROJECT U ASSESSED VALUE • ($004 X TAX AVERAGE ANNUAL LEVY COLL.. ------- - --- -• •------ --- - -- MILL I NCRMT INVEST. GROWTH RATE t Y. YEAR _ �. .r. � .�.� � YEAR r � � w � � � TOTAL BASE � � ► w r •� r � � � • - . w .w .ter � r r w .� •� RATE r .r• .r � w w r r ....r AVAIL. ... ... r ...w .r r. r •� RATE � . .. .� r .w .... r .+ OF ASSESSED VALUE � � r � w w - � rw .� ... � + .+ o. � w � w � 1987 1988 .16 16 - 119921 70. OO 0 0 000 BASE = 2e 1988 1989 16 16 1190210 70 e OO 0 0 00ta 1989 1990 909 17 1190210 70* 00 00 000 TOTAL = 0 0 00 1990 1991 909 17 119.21 70m00 o s 000 1.991 1992 909 18 1196210 70s()0 00000 1 1993 909 18 1190210 70 o oO 00000 1993 1994 909 19 1190210 70. OO 00000 1994 1995 909 19 119,0210 70. 00 �:�. cap 0 1995 1996 909 19 1190210 70,00 00 1996 1997 909 20 1190210 7(. O. 000 U The City hereby determines that it will use 1O0o 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 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 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. W L171) 3.20 Limitation on Administrative Expenses In accordance with Minnesota Statutes, Section 469.174, Subd. 14 and Minnesota Statutes, Section 469.1 76, 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 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; 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. 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 aration including improvement of a parcel or other site prep installation of utility street adjacent to a property but not install Y din sewer or water systems, has been commenced service including 0 on a parcel located within a tax increment financing district authority or b the owner of the parcel in accordance by the aut y Y with the tax increment financing plan, no additional tax incremen tma y be taken from that parcel and the original assessed value of that parcel shall be excluded from the I original assessed value of the tax increment. financing district. If the authority g 't or the owner of-the parcel subsequently commences demolition, rehabilitation or renovation - q •� y on or other site preparation on that P including ncluding improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the count auditor. in the annual disclosure report activity . that the a y has commenced. The county auditor shall assessed value thereof as most recently cert�� f ied .certify the by the original the commissioner of revenue and add �t to g assessed value of the tax increment financing district. _ 3.23 Excess Tax Increments Pursuant to Minnesota Statutes, Section 469.176, in. an year in which the tax Subd. 2, Y Y increment exceeds the b amount necessary to pay the costs authorized y the tax incremen 1' t plan including. the amount necessary to cancel any plan, tax levy as provided in Minnes ota 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. p ay a into an escrow account dedicated to the payment of such bond; 4. repay an loans including interest on these P Y 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 C i t y may choose to modify . the financing . y plan as described in Part II, 2.18, in order to provide f p P further public improvements within the development district. 38 C� 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 No. 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 (: ) 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 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 G SECTION IV TAX INCREMENT FINANCING PLAN FOR HOUSING DISTRICT N0. 1 -3 [Adopted December 14, 19871 4.1 Statement 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. 4.3 Parcels to be Included in Tax Increment Financing District HOUSING DISTRICT N0. 1 -3 Economic Development District No. 1 -3 is made up of certain parcels 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 Development 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 $260,000. (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 $2,318,383. (c) Maple Ridge Apartments was developed by Podawiltz Development Company on County Road D. west of _ White Bear Avenue. The contractor 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 C ) (c) 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. 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.,000.00 $27.5,000.00 LEGAL FEES, PLANNING FEES, COSTS OF ISSUANCE & CONTINGENCY $ 15,312.50 BOND DISCOUNT $ 8 INTEREST ON BONDS PRIOR TO RECEIPT OF TAX INCREMENT TO FULLY FUND PRINCIPAL AND INTEREST $101,687,50 TOTAL AMOUNTS OF BONDS TO BE SOLD $400,000.00 SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS OR DEVELOPMENT DISTRICT UNDER DEVELOPMENT PROGRAM ITEM LAND ACQUISITION AND SITE IMPROVEMENTS PROFESSIONAL SERVICES INTEREST ON BONDS PRIOR BASIS FOR ESTIMATE Estimates by City Staff Estimates of Project Costs for legal assistance, bond issuance costs, planning provided by Miller & Schroeder Financial, Inc. The amount of capitalized interest 43 G� 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 $62,737. 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 valuat 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 $1,259,894. This amount will be captured for up to 25 years or until the Tax Increment Bonds are retired. The city requests 1000 of the available increase in assessed value from Housing District No. 1 -3 for repayment of Tax Increment Bonds and current expenditures authorized by this Tax Increment Financing Plan. 4.12 Type of Tax Increment Financing District Pursuant to Section 469.174, Subd. 12 of the Act, the City finds that Housing District No. 1 -3 qualifies as a "housing district ": 1. Housing District No. 1 -3 qualifies as a "housing district" because a portion of each project is intended for occupancy, in part, by persons of low and moderate income as defined in Minnesota Statutes, Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts. 45 �6, : TABLE VI HOUSING DISTRICT NO, 1--3 HOUSING DISTRICT NO. 1 -3 IMPACT ON TAX BASE District as Percent of Jurisdict .0403% .4815% .4447% Jurisdiction Current Mill Rate Potential*Taxes Generated County of Ramsey 32.225 42,622 City.of Maplewood 18.387 24,319 -3 Other (1) 6.843 9 051 i School Dist. #622 59.110 78,181 7 t i S Other taxing jurisdictions include: Metro Council, Regional Transit Commission, Mosquito Control District, County Y Librar District and Metro Watershed Area n Original District as Future Assessed Percent of Assessed Jurisdiction Tax Base Value Jurisdiction Value County of Ramsey 3,283,594,890 62,737 10019$ 1 City of Maplewood 274,691,365 62,737 .0028% 1 School Dist. #622 297,420,326 62,737 .0211% 1,322,631 HOUSING DISTRICT NO. 1 -3 IMPACT ON MILL RATES: District as Percent of Jurisdict .0403% .4815% .4447% Jurisdiction Current Mill Rate Potential*Taxes Generated County of Ramsey 32.225 42,622 City.of Maplewood 18.387 24,319 -3 Other (1) 6.843 9 051 i School Dist. #622 59.110 78,181 7 t i S Other taxing jurisdictions include: Metro Council, Regional Transit Commission, Mosquito Control District, County Y Librar District and Metro Watershed Area n TABLE VII $400,000 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 (8,000.00) $392 $275 12,500.00 101,687.50 2.812.50 $3929000.00 ... .. .. .... ...- ._.:.. _.�...,<. . '.. >........:. .. .�.fw Sr..:i -'4•.. ',_ ^f .�KK�'Y.r�.tt�.a. ..�,.. w.•..I4i.'.W -:met' ;r .ut. .... .. .. .. .. .. _... .. ... ... �. .. .s ..». _..c • �....._• r .. �. ... .. .. ..1.. n.r i .. � � I ... ... .. .. ... ..�. .. .. , $ 404000 G O Taxable Tax Increment Bonds of 1988 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. Se rvice, 8/ 2/01/89 / 0.00 0.00 09000 18,337,50 , 18,337.50 8/01/89 0000 0.000 00000 18,337.50 18,337.50 18 .50 1 0 337. 5 2/01/9 8 /01/90 0.00 0..000 18,337.50 � 18,337.50 2/01/91 0000 50 00000 8.600 18,337.50 18,337.50 18 337 . .50 68,337.50 8/01/91 2/01/92 0000 50, 000.00 00000 8.800 16 187.50 � 16 1 , 87.50 8/01/92 0.00 . 0.000 16 ,187.50 13 66 187 .50 13,987* 50 2/01/93 8/01/93 50 000.00 0.00 9.000 13,987.50 63,987.50 2/01/94 50,000.0o • 00000 9.150 11,737.50 11,737.50 11 737.50 , 61,737.50 8/01/94 2/01/95 0000 50 000.00 • 00000 9.300 9 9,450.00 9 450.00 59,450900 8/01/95 2/01/96 0.00 50, 000.00 00000 99400 7 12 5.00 7 ,12 5.00 7,125.00 57 12 5 . 00 8/01/96 .2/01/97 0..00 50,000000 0.000 4,775.00 4,775.00 , 4 . 8/01/97 0. Q0 .9.500 00000 2 , 400.00 54 775 .00 2 400 .00 2/01/98 50, 000.00 9.600 2 52 ,400.00 TOTALS 400,000.0o 241,350 *00 641, 350.00 Accrued Interest to 2/01/88 = 0.00 Total Bond Years = 2600. Gross Interest Cost = $ 241,350000 Average Coupon 9.283% NIC = 9.590% Average Life = 6.50 Years Discount @ 98 *0 81000600 00 File: maple.dbt Prepared by MILLER & SCHROEDER FINANCIAL: 12/04/87 �9 2. The creation of liousi.ng 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 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 Impact of Tax Increment Financing The estimated impact of Housing District No. 1 -3 on the other taxing jurisdictions within Housing District No. 1 -3 is set forth on Table VI. - 4.15 Cash Flow Analysis See Table VII. 46 yG 4.16 Use of Tax In The City hereby determines that it will use 10.0% 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. 10 30 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, 4620, 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. 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 ( if 4.1.8 Limitation on Qual i. F i ca t .i o n of Tax Tncre Development on a parcel located within Housing 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 -3. If 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 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 -3 may therefore be expanded until 1992. 4.20 Limitation on Adm Expense 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 0 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. 4.21 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, 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 improvement of a street adjacent to a property but not installation of u tr l..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 arcel including g 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 L7 Administration of Housing District No. 1 -3 will be handled by the office 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 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; 5 qs� 3 . -The outst and i nq p r i n c i p a l amount o f 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 •!.t•NY,.,,.�i■r�• 1' ~09 err &LAW � arw �r...• .• . son ♦t�iM� •..ft•. wry .�.. ..... .. •w ..N #a ..Ir . ........ • •U �� .` . •.fir ' • ........... J•1 . • e A•N •�A............. r �r ` \ \• .�.... ' •r • Now _ / •� `�• • t g � � st�Ow •�� ' � • _ o Y • Z e . O NM11. -�-� • � 8 u.R� a•w•r •.�..... • • OIL- . • �•....,r . _ . "'L.^� i . own • �� --• a .� • ; �;� � � � o • g 4 • C .i 0 0 0 � ' •i 0 v N � 1 woos ---- •• �.._ �••a - r IMP „ • MOQ ..r.. f • 10 to JI 11 -moo It Exhibit A ' 1 a oO 1• 1• • 0.or PIOL h • MOtt --•-- ---- NO t o - -mot j so 1 1 :0 !� . 7 ®i: •ws pow it 8 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 southeast 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 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 (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, Mapl.e Ridge Mall, according to the recorded plat thereof lying ys east of the West line of the Nor thwest Quarter (1/4) of the Southeast Quarter of the . Northwest Quarter (1/4) of Section 11, .Township 29, Range 22 (abstract property) �y� Maple Ridge Apartments - County Road D: That part of the W.1 /2 of the E 1/2 of the SE 1/4 lying 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. boo 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 22, 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 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 blest 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. X11TBTT F Ma in Street Stone - 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 beginning; thence N 3 degrees 32' 27 E. 282.72 feet; thence on a tangential curve to the right for a distance of 3.04.55 feet, radius of said curve is 654.67 feet; thence on a bear 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. �o Z Xf1T1 I"P r 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 to the City by The Arkell Development Corporation upon adoption of Tax Increment Financing Plan for Housing District No. 1 -31 /v3 MINUTES MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY October 6, 1987 1. CALL TO ORDER Chairman Fischer called the meeting to order at 2:3'0 p.m. 24D ROLL CALL Commissioners: Dale Carlson Present Thomas Connelly Absent Lorraine Fischer Present Clemence Kwapi ck Absent (resigned, but no replacement) .Greg Schmit Present 3. 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. 5. 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 variances ( less 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 E; r if ei 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 council 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 Carlson moved, and Commissioner Schmit seconded to recommend that the city council appoint John Prey as the liaison commissioner between the HRA and HRC to replace Clemence Kwapick who has resigned as the liaison. 6. ADJOURNMENT Chairman Fischer adjourned the meeting at 5 p.m. Planning Comm — 3 — Minutes 11 - -87 B. Code Amendment: Setback to Residential Zones The main concern wth this ordinance was whether the a uired 20 —foo t t landscaped area sh o l d be all owed to be reduced to feet if screening was provided. Commissioner Ayers move the planning commi ss i n approve the ordinance, with the exception of sec ion 3, which would all ow a 10 —foot landscaped area with screening. Commissioner C ardinal sec Commissioner Goi ns moved the fol y1n amendment: "The community design review board may allow th area to'be reduced to ten feet i f i t includes the scre requirements in Section 36-27(c)," Commissioner Fischer seconded Ayes -- Fischer, Fi of a, Barrett, � oins, Sletten Na s-- Sigmundi k, Cardinal, Ayers, Axd 1, Larson Motion failed, Voting on the on g tKal motion: Ayes- -Aye Card i na 1, S1 etten, Sigmundi k, arson, Barrett Nays-- Axdahl , i of a 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— Chri sti arson Development, answered questions on the project. Commissioner Goi ns moved the p l a n n i n g 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 nonseni ors 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 —$7 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 after 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. II. Authorize 87 parking spaces, including 40 garages, rather than the code requirement of 120 spaces, including 60 garages, on the basis that: A. The 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 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 rollups onto the yard area, as well as significantly reduce the potential for yard damage from snowp l *owi ng. 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 is 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 t h 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 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 f or reasonable and practicable physical development and is not required solely on the basis of financial considerations. Commissioner Fischer seconded Ayes -- Goins, 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 Goins 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 N0, 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 Minutes 11 - -87 �9� WHEREAS, the Planning Commi ss - ion has reviewed the proposed modifi Devel opment Program and Tax- Increment Financing Plan for Housing District No. 1 -3 to determine the consistency of the Development Program and Tax Increment Financi 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 1 , 1987a Chair Attest: Secretary Commissioner Ayers seconded Ayes -- Axdahl, Ayers, Barrett, Cardinal, Fi of a, Fischer, Goi ns, Larson, S i gmu nd i k, S 1 etten E. Planning Commi si on Appointment Commissioner Slette moved t t the vacancy created by the election of Commissioner Ross ach be advertised and interviews held according to the rules of proce u re. A es-- Axdahl A yers, Barrett, Commissioner Goi ns seco�r ed. y y Cardinal, Fi of a, Fischer, Goi ns, Larson, Sigmund i k, Sl etten IX. UNFINISHED BUSINESS X. COMMISSION PRESENT IONS A. Council Meeti g: Novemb XI. STAFF PRESENTAT NS A. Council Me ti ng -- November Z XI I. ADJOURNMENT 9, 1987 1987: Albert Goins Meeting adj�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 Present III. APPROVAL OF MI UTES A. July 28, 198 r The minutes of July 28, 19,87, were tabled due to lack of a quorum. Be 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 Kbchsi ek moved appro al of the minutes of November 10, 1987. Board Memb r Erickson seconded Ayes - -ail IV. APPROVAL OF AGENDA Board ember Kochsiek moved approval of the agenda as submitted. Board Member Peterson seconded Ayes - -a V. UNF IS BUSINESS VI. DESIGN REVIEW A. Plan Review -- Cottages of Maplewood John Bossard was present 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 steel 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 public 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 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 arty 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 - Mi nutes 11 -24 -87 13. Approval of drainage, utilit grading and erosion control plans by the city engineer. These plans shall include, but not be 1 i mi ted . to construction of on -site storm sewer. I f 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. 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. 18. Provide concrete curbing as required by city code. 19. The PP T applicant icant shal 1 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 Kochsiek seconded Ayes - -all B. Ordi nan - - t a allow met g 9 Metal torage B u i l d i n g s Board Member Ma to moved the board recommend adoption of the ordinance al st rage buildings di n s i n an M -1, light manufacturing zone, and also in BC, burin ss commercial zones by conditional use permit. Board Member Er c kson econd ed Ayes--all VII. VISI R PRESEN TIONS VIII. BOARD P ESEN TIONS IX, STAFF PRE TATIONS X. ADJOURNME Meeting d journe at 7:45 p.m. /Z/ Action b Councll':'I Endorsed oC1'fieC Rej e,ote Date To: City Manager FROM: Director of Community Development SUBJECT: Dege Garden Center DATE: December 17, 1987 This item was tabled from the November 23 meeting to await a court decision regarding the garage on the site. jl MEMORANDUM TO: FROM: SUBJECT: DATE: Introduction City Manager Director of Community Development Rezoning Initiation - -Dege Garden Center November 17, 1987 10 George Dege is requesting that the city initiate a rezoning for his outdoor sales area, (Refer to his letter on .page, 2 . ) He is requesting this because it is the city attorney's opinion Y y p i n that the outdoor sales area cannot be approved as a conditional use permit. The city must rezone the outdoor sales area or amend the code to allow such use in a'n R -1, single.-dwelling zone. In addition, a plan amendment will be needed for a rezoning, since the entire Dege property is designated RL, residential low density. Section 473.865. Subdivision 2 of state law states that a.city not adopt any official control which is in conflict lict with its comprehensive plan. 2. A review of the conditional use permit issued on December 8 1986 is required, q ( Refer to the conditional use permit on page 4, e of city ) Section 36-442(e) ty code requires that "all conditional use permits shall be reviewed by the council within one e y ar of the date of initial approval. Background On December 8, 1986, council revised the previously approved conditional use permit for the Y pp p Dege Garden Center site to allow an outdoor sales area under the existing canopy. A request b Y q y Mr. Dege to include a residential garage he had constructed was denied. On May 12, 1986 a court order required the city q y to allow the garage to remain. This decision was appealed b th pp y e city and is being considered by the court of appeals, Alternatives 116 Deny the request to initiate rezoning. Mr. Dege would then have to get a petition signed by 50 %'of the property owners within 200 feet. If Mr. Dege cannot get a petition, the city would have to require the 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 permit 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 permit 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 density to SC, service commercial for all the commercial uses on Century Avenue, south of Seventh Street, provided that Mr. Dege submits an application for design review board approval to upgrade the outdoor sales area and screen the adjacent residential lot at 814 May hill and pays. the $150 application fee for the plan amendment. mb Attachm 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 612m739=8314 SAINT PAUL, MINNESOTA 55119 August 18, 1987 Jeff Olson City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 Dear Sirs Regarding the continued controversy over Dege Garden Center's Plant Area I . would like to point out some facts and ask the city council some questions as follows: (1) Although we have been selling plants a most important g P � p part of our business) in the fenced area since 1976 and under a canopy since 1981 it seems to me that with no complaints for 10 years this has never been a problem for the neighbors. Tease be informed. that Mr. Drwyer cut down all the screening hedge of lilacs that ran between our properties. The hedge was 10 to 12' in height. He then p1inted small plants in that area. (2) The garage for my R.V. seems to have been the sore sp with him and a f ew others. By making life miserable regarding the plant area, maybe he is feeling some satisfaction, ( In Nov.-Dec. of 1986, our council voted approved, and y � � passed the continued use of the plant area. The neighbors didn t raise any objections. Now that the R.V. garage is finished, it seems that the plants are objectionable. .gain, isn't this dust sour grapes? (4) If the Council is now going to rescind their agreement on the P lant area because of the Special Use Permit, I would like the Council to vote on approving the Fenced. in Area be re -zoned Commercial. That would eliminate the problem of specs use. LAWN and GARDEN CENTER — GROWERS SUPPLIES 3 Attachment 1 612 - 739 -8314 SAINT PAUL, MINNESOTA 555119 (5) The Council M embers were supportive of our plant area and the 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 Dege' s feel that with your approval in 1986 regarding the plant 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. (?) We spent the $150.00 for this proposal to be heard in 1986 and we consider it still the same monies for the same. item that was on your agenda back in 1986. (8) I f eel that the Council can handle this quickly. If you approve the 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, G orge S., ge President Dege Garden Center LAWN and GARDEN CENTER 4 GROWER'S SUPPLIES l • Uoaditiornal Use Permit Revision : 831 No. _ Century Avenue ��JJ �P a. Director of Community Development . P O lson presented the Staff report. b. Councilmember Bastian.int • roduced the follow.in resolution and moved its is 86 12 -207 WHEREAS, George Dege initiated a conditions • �...�` 1 use permit revision for a parking lot, outdoor sales.area and residential • teal garage in an R -1 - following-described property; zone at the Lots 31 and .32, Block 11 Cahanes Acres This property is also known as 831 North Century Avenue, Maplewood; WHEREAS, the procedural histo o • follows: rY f this conditional use permit is as 1• This conditional use permit _ P revision was initiated by gorge Dege , Pursuant to the Maplewood Code of Ordinances. 29 This conditional use permit revision was ' reviewed by the Maplewood Planning Commission on November 17, 1986. The Plannin• g Comm. s s ion recommended to the City Council that said permit b .. a approved. 3. The Maplewood City Council held a public hearing on November 24, 1986. Notice thereof was published and mailed pursuant to law. All persons present at said hearing ere g given an opportunity to be heard and present writte statements. The Council also considered reports ng n Commission and recommendations of the City Staff and Planning P . 4. The City Council ave p g p llms.nary approval to the conditional use permit, except for the residential garag on N tabled final action until g ' Nov ember 24 and December 8, 1986, to have the resolution revised. NOW, THEREFORE, BE IT RESOLVED BY THE MAP LEWOOD CITY COUNCIL that the 171 conditional use permit .for an off- street ark' • ex P ing lot is renewed and revised to allow an a xA of the parking lot from 28 to 33 spaces* and an outdoor sales area under an approved canopy, the residential garage is denied, on the basis that a garage is not 'parking' as envisioned ' g oned in the original conditional use permit and is, therefore, beyond the scope of proval of the permit is based a nonconforming use. Ap- sed on the following findings: • 1. The use is in conformance with the City's comprehensive plan and with the purpose and standards of the zoning ode. outdoor sales are non g The Parking lot and _ conforming 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, -• 'geed, maintained and operated to be compatible with the character of that zonin g district.. 12/8 Attachment 2 5 7 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 -o f f , 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 prop - erties. 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. 14. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The site plan submitted by Mr. Dege. on October 27, 1986, except for the garage, shall be considered as part of this permit. Any change must be approved by the Corununity Desiqn Review Board. 2. The parking lot may only be used for harking 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. 110 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 .•..+.r.. � - r..1 ••:w ... _. M w w.. ��. _r ... _• J u..• _.•.v.i. w._ • •. .. P ... .... r •�• . ..rw/ Ya �iL .. a v .. .. ..\ .. ''`'' , • '�• '•�' Larpenteur I 06 I R1 w A' io v ' SC I 9 y Yr r W 1 sum f � • I • O Maryland Ave. . m Sti l wa ter R • • oad SC - • z • Harvester - A ti �r v v ' AC Vp Minnehaha Conway 3 Interchange •� _ -. SC Revised: a�teria! �� 3-3-83 • 4 -15 -83 _ interchange _ 194 — — — . •�• �� 6 27 83 1 -23 -84 1 •''•• �1 r 1 4 -8 -85 10 -10 -86 Beave Lake ma• le wood NEIGHBORHOOD LAND USE PLAN M Attachment 3 7 14 -21 4 r b► 8 Attachment 4 eiffAlTv9-Y AvE- , y � •• � •••', +�I' \•.i40 ,_4''•1 A • i t,• r,• JL;•�,a''1" . \ /,�, }.�.'�• }�,f •}I'1•. �_�,•,. ,�. r',.• ►• .. r .. '• . • •' ,, J•.? r•i 1 � ,. } .: •,'t' lit t {..`f•�•'•'rtr(1,�;,�.•: VIA li�t'•�;'!'�•� .. ` � ' }�/ 'y, {_i ^,�t,!� .. t� •�,, ? : , : •r. �. .. « ' •�• t r. ' �1 , ,. �. 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'�`� ` REST f •�� .'_ ►I1'. •t •t` ' �' 1� . �.�" ' t�j , ,��4a. 1 • .its �i'f.l�� ? � t11•''••'' °�'t��.�/,A'?; ( �`6 t,t'ij* 1 � vw.• �•�• PAUL MINNESOTA 3T PETER Vi . _ ., { �;:. {:, .� 4 , t �� , q �# �`� t,� h'':' ` Ag q -i+ •r : :� �y: ►� . yyy , j . , rI' 102 t ► , 1 • I d♦`•�' t r ` � r� . 1 •.'. . t• A ss • 1 .t., . -• . •. • t ,, ..• j•�'• I. •��•� •�1 "ill.t� 1��,� ��l. y�; j� t .!` • �y ` � /t`• l �• /J 3• ) Ii�, •,: •V' r ♦•�, t =. _ TELEPHONE (61 2) - ~ • ,7 �, � , • , � �. i • • +' ,� ♦�.f . �I l . l, � 1. r• 1 `. •. �, } ., � t t 'i �al• �11' � .��• • {' T '� t 'f- ' Ia ' ' • J R' , .� • ? .i . E.2) 7 • • • •. ♦..� � i � .y •� � y : � 1,'.tf !. '1 .•� I i1 • • ��.``1 •'L. �. y t � a .S '�{, �• �....Nt'r�� ' R 1 ''” •.. ! ,• , ��I� K + •- • 1: r ` . • �. ' .•� .l..i ' 'L►, •.,, • ♦ 'kr �> If j 1♦'�n v �� i�.. �.}/ /' ��Mf• . 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F.. , �jL i :.1 \' , , •,♦ �1i'• [••trr�i3 -�; �'•►•. i 1,'� w• '�:iM�:y a • .`•. l ! '?y i ;t. • s `� .. t .•�� t '.t ^� •:� ••i' t, J..'r .�r!,. .� . 4, .�f'I'r .G a' /� -j l�j!•i.A 'rt ��: �' I • ��i• r• ••''� �/ •�• \• �: , ' . I i t: • J'' a /. a� ♦ ); Iw ` t; ..t. >.> • f •� jj : .:.fi�tt t ** • �• r� ` L ) t ► i ? fa • e'+� ;. i. � ..r �,.• � y 'rf. •f. iti 1;�. � j; fit..,; ;�'� � +, .. �'�:; i .t •,. ••►. .( .� j 1. •t .�• {:.• '•,a � {. • � �; .. i... ? .. r 1 y • �• .'. .. t , �. ' . � � •y v,lA. t .' ((�1 -L ,j��'/ , f�. ., y • �� /" , 1 1 �'aC"�''>�f:• {� - � %�'.. 1� '' '•' I • • 1 r t • ,� r • j . •' ••'�..� •:�. •'R . • .0 ?b • ''•j`; C . Y •( t r.�'S� • 1`.11 y•'.1.• •� � ►'. t� A . ►1. 1i -•' 1 }• • j ••' a a " 1' , 'i• ' , la. - .'• • \' .S. f. �. `� I t t "a!F'. �•g��.y j '�. • , a ��' _ 1 1 ;' i • •1' i �• �f.' ;� 1 �, , �'•j'.•a, j �� .� • . :. .` TO: HONORABLE MAYOR AND ' MAPLEWOOD.' _CITY . COUNCIL ^ •r i` ,., �.f4t �.�;I•:�t .: .�''1r1. �.•i.[i t xt. • ; . i� 1 •.q`j ^ f:� fir• J a j'�. 1 '�e� 1 1 • ,{i r eh -•�� ., 'L• ♦+• ��t. :r�1s '• . n.� , a i r� ti� tt � r •y. �( S►; ?•,. •r•, <�pY].•.,, rl, ,r '�►: •. +7 t a1 . , �j l•:•T .7 /j:� '�'t . %1• t LS � '•� i..l �:' .! + a ♦, °• •. t `' •'•' .-' j • � .: i• " f' , • ►; a .. �.•1 �11 �i � �.... �f•... »' �• .. ?� � t � •r �.J ` '•,' � • • � , � •••' •i IV I As you kno,a,� .Uk. represen the neighbors rlmmediately add acent • to ,• Dege Garden Center :� I� �.aln; unable -' to be present this evening •.:�. because o,f -- another ., comnli.tment , and wish to appear on their behalf V.. b ' 'means' i of"� this } 'letter'.f � }� several''' of r� .the neighbors' are present, '• and. . available,to: P res ond'- :to: uesti•ons r`�s.: , . • : ,, { { ,� ; , t t •' • • t ,t. r .1 it ` _ • il! '.�..�", ,• j • 1 \. •: 'J ♦., I ,�1 • �:. �' I ;♦ •••,: . ��••.• • ' - _ , = a - The •'`neighbors' .,.request :: that* the council deny the request f ;:” or t rezon3.n at.. this''time. "` The are - particularly concerned that the �• :'. 'L I de artment. of -.community development, . apparently. o P n its town - . � .� • initiative' and. ` disregarding - the neighbors thought were onc. oin ne otiations appears to' be "' a broader rezoning and' increased commercialization of ; the, neighborhood than .*; •., even re Q uested.j,by , , Mr .�� Dege ,, ;�' f ►. , • t , 'r - ••. •a:�, y . t f l.•.r; �.� ay'•�l 1 .. � `, 1. ••�' • 1 � I. :► . �r f it a ' �' • .i � .. ,'t .• a Indeed, until the neighbors learned ,that the department of community develo meet had 1 aced , this matter before you this evening, they had assumed that an attempt • at a nego settlement-'.. was being. worked on. Mr,, Dege was last before the council on ; June - 22, ::asking that his conditional- use permnit be It' ll �'. amended • • to :legalize his outdoor sales' area. The neighbors ' appeared in - - oppos it ion , : Viand ..:,the,, c i ty. • -t attorney advised ghat the `� '' outdoor sales�� ar_ ea could � not; y be '. permit•ted under ' the conditional ,. • use permit, but" }hat.! a; rezoning would be necessary. The matter.-: •; ::: was re_ f erred to the department of-communit y development •_ Thereafter. on � October 9 , a meeting ' was ' held at the instigation igat.ion of the city, Present were Mr. Olson, Mr. Bannigan, John Daubney,} attorney � for " , Mr . pege, and' myself . My understanding of what • : j a , . transpired -at ;.;that meeting ; .was - that . it was agreed a that :-1r. Dege' would attempt to formulate *.a design proposal t that the neighbors �' - • '� table and that there would be oppor `un.ity fors' coul find aecep , - ,.: reac Lion to • the proposal ro osal by • the neighbors acid constructive _ interaction :` with Mr. Dege before the matter was again placed • ``: be f ore the - counc i 1. If the neighbors found the proposal ac ceptable..-:there should be no: need t0 ask' the council to initiate a �. zoning, "since the requisite numbez ''of neighbors presuma bly , • i would sign 'fir. Dege' s • petition . ' left the meeting understanding ' j . that we would " be'.�.hearing ' from Mr •' Dege. ` We have heard nothing ' f rom Mr. Dege : The • neighbors are puzzled as to why the - �•' department of .' : development has elec %.. 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 Attachment 5 • '. f 1 •q . • 1 :.. r �t ., i' 'vim ' .S • • 'l t. • 7 ,• '• ' 1 • 1 .• _ j• •. •'•..� • tI r '' ,J_ t t'r t:: - •, , ' ♦1 t • . • f • r j • • 1 t • . � 'l. • •' J ..,. C',.. i•. • ) � j►.• , . .1.1.E J• •�• • • •! ♦ �',' - • • S.v r i = ..• •'• ..., '•.i•"' .1 '/' �••: ?•• 1, .•in'. =r4'„ . 2' •''' ` ttk '1 •'1 •'l� ••! •'' .. f S '.. f N. •r ..,:; ' •r . Mayor an asa lew t' � . ` ' ;• Y,•t is •r . { �•: � �+:�'�., :; '� � ',{ :, y d P ood, .City� Council, ,1, f L it :• •r' K W. .1 f1 • " November " X 1017 • � • . ►t , -.,� 1.k•i.{ '. • 'S ~ . •L f , ••t 1 '!' • ♦,J L • All .S1 '• • �•. . j' W. 1 ' •} l• S �• - ��. ►�� .._ t 4S1"f• •' •F + r• ;t•? ►,•)•.} i ji; •• 'r++ l' .'1.,: . `'• .' • • ,. i f Ifs ' 11 • ° ►. ►l. t•: Imo;. -. ♦ ..!e• .'.. �• it1 � Ilf •f 7x•� t ♦.�• I y �• . . . i• r .. � ' , : y ! r •' • f .. . • r � •; l � � t , • ��y. i V `� q •:jt F • r. • ;�' \� (� :� j �'t t }� •( • •'.: t . I .• }. y f ••...I. i.l +�, i � •�. •• S :mot •,,•: • age 2, •,�. mo b• •• «`.�� •.., ` ♦ 1 ,. t; ,k • ` ►,' l,\I t � ;' w. • ;' • ,• I .t• .. • w '}-, ,�., , . tqt� ! �.w {.•!i • �••�' '•tY ti' • x ••�•• •_ if•!'.r•�i'1r. .';.IF . V• r . • .• ♦ .Q 1• • .t j .{ 1 • • •. • -• ,. ' ' r '•. • .', r •.• •' P,• •`" . • r • •1 • t �.: \, M,. M. •...i ••. { t' / f • ►. + . j' f r'' 't. \. .� yt • t. a.r tit .. .�y 1.1•'. • � t.•!! i i►;. • { 11y/r ,{ A. y�• ♦mss , : • ` t r. ! , 1j t1r ►r`. t . / Je'•!• . •• 7 •��'1 ,1. r.7', l ill'•r �,r.)Y��y� �t ► 'j1 �1/ 4�� .�� ?'.t •/ 't .r .�' .• 'f • . t •.1 ., r l: r''•.{ , It: ►~ .. •�' ,.�.i' +. :. ! ri r'•�r� 4 r,•'�f` tp�.1 ' Y 1 �, ry3 ♦•� :1 \ f. �,l• . '�. 1� • �'• .E �. • ' ` /f• t j .•�' : '' � f'� 'Iv'►t`l•,� . ��'� q 1 j . . S �• t ' .� S } t � r ?.� t`"P• �"f.., '�.il a Y� j,f.. I• � :� yit f Y .Z y .•1 • I 1� / 1 _ •�, .!I•,' _ i • - { . .. a'• r 1 - • tt .f . • .•�• r•.� • �•tr. ' 1 ' • ' •'. ••' • (•' j 1 � .i j !• .'�' J !;i• •` !t ,i. /'l i.'I. T < ►w • , �.; ••:` ; ?';}I r ~ �;•�•.t \'!t I''� •t`t'i! '1}1i ik lV /, Y4 «, ' , f �f f� ?•• ! r • .., • 1• q • r i ! r •+ y. :••• :�• • . y r �,i , . • •.• •• •�•' I ) 1 _ « ;l ,.y'.� !•� � �• t ► ..j s�• �} �•t 'y � 1 1: + r • i t I 1 � � _ '.' • 5 f !�• . • . ► ', •• l. •�� i/t't � _� �)�l 1 : +.• a)'t •• i I �• :.F i.1, •..: • / • R •• , '� i r ••:t r r • { • ► . •`• ► ', •• t l •' 0•t 1' }..'q`t r��/•' .1 �' f"•.'�••� •tt ••, •i� a • , >\� } � 'I .,, #:l ) •t • 7. fj A • . ,+ ♦ t . . t• < • i • . � ' - i f :r r ••• ��{�li, ►, : ...� J,� i , ("r, 1� .•ti �'S • :, •. j �•� • .� '•- 'i *� • � '' - • • {', • a ; • } + i • } l �.I .• �• + i Mr. olson indicates . in.):hi.s memo that th of the De ,. e�issue P ,. "- , barn is ppeal� to • Court of Appeal now + on ,. a s . Th s ► t i s another, reason why;' the °,_council' should :'initiate - a, rezonin '' ,� +�;• ,.�.. g now. ..The �t � r• • �-�r .; neighbors{ 4eeliMstrongly rthat� • .the •� c�.t 'I- has the auth r 't �' }' " '..:' ' ;: , :•f Y�:•• a '�* • �� •j -� - t> y: o i t y to. . • require removal.4 of t c c i 1 requ . he•, pole , barn,,,' as the un voted, and -thus 4 ..t the a_ t.�ci ated•1 ln.•the .r y P . ,p matter' before they, ..ourt of Appeals by - ;:•r:� • ...'neaps •,�-.}of�'�•z•a��'br ��r,r .�•� �z•..�'•,. :.. ••. •:►• •:. ., ..,, �i ief r,.r am�.cu5 curiae 1,. The believe the a .r:.. .� ._- y ' e city s ,•. • s • attorneys...-. did an +excel lent J ob r the` p esenting , city s position, ; and a. v.. '' confident,; ' ud in ..,from the nature • '. r ` ] ... g g .. _ and tone of � � the r . • questions askedA=by'`.the :• Court -;�: of - Appeals , ; at oral argument, that the city will•�� prevail -, on r -1.,ts. appeal - =They • were- heartened b ' y ,r • :' - Judge Sedgwick' s ' remark,A .at , oral ar ument to the effect * ' `� g �ha it .is the neighbors, who buy their e and ream-in in their homes in • reliance on the ' stabtility of ,` zoning, A . e .., that residential areas I stay residential 'who have • •. , ve a high stake in a comprehensive zoning .'plan . The' neighbors - ',believe -t:zat `what, . the Court of A eals may: : Y �M•. =• do could range •from.`• simply y remanding the matter to the trial court for an evidentiary • hearin , to a ,remand with some •;. g o e fairly : :.. precise and ' narrow instructions as to• the proper standard of J, proof to be required to, - establish Mr . Dege' alleged reliance on e negligently issued `,building permit. � {,; In an event what the . . Cour} of Appeals does 't could well ' have i ` an_: impact on how this entire matter. is ultimately iresolvPd. Tt seems t " Y o us to make , •sense under the circumstances - to take no action pending the Court t •. of Appeals decision. ' ' The most 'effective-.way to take no action ' would be to : deny the request • that.' the council initiate the rezoning and thereby force 2 Dege to ne o} iate in good faith g 9 g . with.. the neighbors, something : he,' has - not . yet done. ...... Attached to the memo andum -from the director of community development is ' a ' letter•: from Mr. Dege to • Mr.. Olson dated August ' , 1987, wherein • 14r . Dege makes eight al legat ions . The neighbors feel Compellled to respond to his' allegations, since - ;' • : they appear. to "be the funda. document submitted to the `• ` ' council by the department,. rr and.. do so as , fo.11ows: , r 1) it is..' not true that + , there have been no complaints fro n� nei hbors ; t a.n an event, : '.of • 9 y., , • the number complaints is not ;' determinative of whether Mr:" .Dege has been o er atin ille all • ; P g y g In fact, 14r.• Dege•, following complaints from the neighbors, was •� . red tagged in - "'1975 ;for selling me•�chandise from a plastic greenhouse in the R l area. r Following ,.hat, he began selling s plants under an; outdoor cano that • increasin 1 encroached Py g y onto the R -1 area. - - -The .council • •was told last; November -that- the onl y city approval ••"".for this . ' a permit issued 3/23/81 fo a � . temporary ..structure with : �. a. elastic rood that was removed on .7/31/810 Since then . Pair,, Dege has constructed a year -round • plexiglass canooy in violation of 'both the zoning ordinance and the special use permit, '.; • _ ' The "hedcle" •. on Mr Dreher' s property that 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 from overage and overgrowth, and because the plants were deciduous and offered 10 }: 1 , .' -'•' • r" ��• ,t } y '1 t'� y v•t -t A. .y t•� e �M +:uil /k��r11'•f'�'!" "1''r'�'•'?'q •NN� -�- . i . �. ' `.t . ' .t t• .. tA�t� jr : •° • fl'� , k • tike 1• T . .1 1 ' . • ••, t •F •'J • t a -�' �i'?>•';•1., 1:t�,., . }•� 1• •.1. �� ' ,. „ \ �:.� ..� f r J t 1. ' 1' 1 �. (r 1 .'N• 4. y t ,n •� '•i� S �., . i j`t •i 'L► • �. •1 w •. .t .�•y •� : �' t,p , ' '+. •' • .1 •.i !.t 1 S {•�. -.e t �)• a! *R t, .►,; '�'�•. .� h• J+/. 1•�I+ Pt 1L 4r� �,; . •' `•F k C. , !,� •. 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AGML :� .•,+ ��•�t�I qf �.jlr�, f },. �,, . �, {� f'•'• I •T; a. • r •' r ;� / '' •.. i . .` , 1• !• f , j,: •r' t .. i f, . ✓;: 1 1 .•• + .� i • I! r a 1 t t,11 r. , r f'L } t , . , , . + Y. t, , ' ' *v 4r;'1' •��' `*,'• 1„!•�t1► , j J `»fC• . } •i,�f • a ►S �C•). , 1. �.w��l ;. • �. t . fj•C r''•." 1..� ,� .� a r /_ :� r• •��: '', +:�:•. ✓ ..t • , 7 } . -' !1 •1,# , 777 '[ •,-�, ' • •t • • '• . , I • !' i' • , x �t! ;�• 4 '. t a + A .' r � S• ; , s • •• N . r.f \ �} j, y • Mayor and Map lewood,'C. ty.�� Counc l l � 7 �` , ' r�J:r';,a.., :,'�`t 'i... , .r ,:,� T. - .. . �: t •. .��! � � t t t l • t�' •il�,�•' 1 • • r , l l+ 1. J /.• i a' :.. . • { •. ••. � . '' • • ; �'•�' . . / • .'Fr , I f ` • • 1 r • . t. . P f • . ' I . . ' Nov ember.' 2 3 .t:19 8,7 ►�... ,, �, , J'•'• � � �` , .'' �:,,1 ,{ � e • . ', •'. . • ' -, '' {• 4 �.:^ i,•, •• C I'I;' 1�'. • tj ;M M iy + 4i, 4 ♦ , i�': ", . • f , rl f ! , ` i I , p ag e: - .'3 �`• I t �•.'•�.1 r/ ;t y'1 1•r :'1 a 'r • ":' w ,•.f 3 t'•j t ` r , , �,; �1� / 1 �,• • • �' � 1 • �.'�r (. r;� -a � •s� j�11 '� , 1 ' •'' ��• r - , - i ;�, t• „� l li'" �}� ,�� ` ►� ` � '► t'.t. Y•' 'r +�.tf :•� *.' • }: ,�' �+ 'J •, ; ,J' / �•, + ; ,,. �•, s ,. •� '� ,� a♦ • •S 1, i V }� , , ,' •,, ; .��!., '•�.l}�TS "yyj l r y.l` i. j. ♦j� t•�•.y jl. �.• G r/t Z .^ . tr - ' 1 i'. /(•:1 • h, t �� ,', • •� rr . „ 1 - 1 f }� �i • ` •• 1 •.' - ` ..: ;• .; 't !�. ;• a j.• ;; �t,1,•.',t y �,'� 11 0A:,. =• 1.'II; }J1.�, • •4 ^•!� , ,J � �,. `; .:�. :, L.��•� ;4 1' .± :.•. ''• • ; . ,• \ • . . .. . 1' •'�' !. t�. �' �i`• •�.�tn' } •;{•�. �• NLt• •�►. • ip t +Yt �'�.7.:i •N� �, 't (ts •�, a li �.4r'!� r (: '• t• 1 •.• 1 " r t + • + �- r • •'• rTf �' 't.• 41•.1..� .�M.•• � - +}.� i` �►- i�!•r� "�1 ?• ;'• � i 1 •, 1 i . /� s.. • "• + !• ' 1i�ttle i f an •' screening f rom ".Mr . � Dege s, � property • y g g �. P P Y- The plants were replaced•�ii' with i' evergreen.s " which rare now growing but which, • to though an ,improvement, ; still. provide inadecivate/ screening �.. �R.• �� y':w t � 7 t• �•'.�• ". ICI /' :].! i, /:. l /y ,y``'� •a .:'ti t• +' • s 1• .• r• f K •1. i • t •• �.. + • • ,•• •'�. ,1 t "� . '.� ..�; -' 'S.• , ,!' •' ♦rl- "`•'•1(,., J �,• •!• v+t`. V .n `' {� •�. �,''' •�; •p' . t , :1 t•.;• ' . '..N •, •. '. C• 'r' • • i ' ••. �t. . • / ,'i ,•f I't'1� y � ! • 71 , � } 4 � � 1,�r: , •r . .Sal : 1 :v., .C, i !• 1 „ yt t .. .4� �., t - ; �!•• .Y 4 ✓• �',•h �+"`. ��r'�i �� .i,.. • /� •�1/��y�.4•� • _�•�•�Jr• �.'' '� ' ;.. �; / . � �' -•, •,• �• � V 1 • r ,� r '' �•• � •'•� . • ./ �•� 1+ �• fi rye t. yY' �� 4 - 'li � • �� 1 �' .{ �� `i ` � r • •'�f r a • t ) - As �.already:'�' noted, r ;, thef pole barn, has already \•�� 2 ' , , issue, of the, w • a: •. • t y . n dec Jo ded - b the council" oup it ='t ands i. s '.• b � Appeals.` �-'•�� • t'� >., y efore the Court . ,of •` . ....� If in fac the objections 'wcoine., from.' onlyI a few, Mr. Dege should • ' • i. have •: . securin ; sl na %.u�: es ;,� f �•or� others • -�` r. no a��...z ouble•� g g •, to initiate. s a.�.r.ezon b petition ' I.� -,•.. �,..r- . ! .. : (,�' ' • • l n Y''� ,. t r! y ��A/ j 11. •, •.1t .t a f; ; . .. �, '. , •t ! • '•t 11 :1 - , •I..M j . �i'• . • ♦' •�i. .f , • .� 1j'. J r� {7 \• .• I '..' �• •• �, 1 . �f ' � � i' ,•. , ' �� •'�• ��`�.� �, l + r%rl .. `�.�; l :P �i. l t•� {. • ' 1 / . Y' 1►4 . �'1� J's i • * � • . .� � • �s �..4 � '•�'• �'� f� 1.. , .1; : •'' ,� .. � . .i • I� ;' t S t i �'�, • 1 t •,,. • 1 t • • � J•• ., l.• •:'•'� ^,`;;•fi. �._! +• • ��1 I'• f'♦t.lt� r •r•. \•. , r. 1 I of r Ifs t '� •� ' , • -• ,• •• ' 1 •.• Ilk • • • t • • • .•.'. • (3). , The :r neighbors,. certainly ob ected • to .,,the continued use ofthe .....,,. ' plant - area � ' `'��'�They� "' f e1 , :'} '` that �� a • �` com omi se had been � • •' '� J t however,._.,` I?= y• reached � in :,•t he council �'� Vote. which they' hey could accept, and their :. ,understa�� ding •��was. •,that } thea oo -barn Yd be. removed. ' •' ' • +wou , •j.., ,. • Y uy► '•ti�3 •� .' �.:t Z'. ,} t . a {� �.aa�• i . -z i.: • ' • w,' �. • t • .� • 1 'ti • •� ♦�:1• ,�, 1, ,'�• • y. ; - , v.►'• .rT f ;Mi ;, ��•�(, ii j' °••..:• • .�% ., 4 . �'., 4'', • 1 .' 4� •, •';•.r , t • ' , .• •' .�, �. �,,f �: t •`� ••.•�' •' ' •1 S .a: T�•:d 'l' - .• t j �•�' :J7 , ra.•t; •l f - t .t ,' ► • , ..; .,•r •'I :r' .,rte • .S� a.�i 1�,� j� '+� ', • 4 We ha t ) ve already ;addressed • .th •me rits of: ' a,. council- initiated 1 ,_ ' 1i t.r• I ri:� ti jl •.,• '� ,Lt' - • • • .. J t •• ' rezoning . • ' •'+±. ' ++ •�:. .t� ' � '•'T _ • • '� ,t r ,a • s `' •� . O•.;, ,1 i t.• •• ', •. •• �• - , i j ' (5') The neighbors : � have no• desire to : see t, Mr. Dege o - out of t - business. .' However, � they - also,, what they have aright to rely �' � • the resident ia integrity' of their nei he fee that I • Dege' has many • alternatives available to h ire, ' and * are , f`'• .� � �' g y ,willing to work with him He Chas : made no attempt, they feell, , to work with them '.t; (6) We do not: ,.. understand what point , Mr .•; Dege i s :. attempting ,.o make •' 1 r• f f' t (7) t Obviously, t what fees Mr . '• Dege.. should pay should be subs ect �. _� :.• ! •; to administrative. interpretation. Vie have, no position. on -this '' ' �• ' { ` r.' f•,, ',•r.. .� �; 1', �• j,t 1� A� !''�j•..1 •[ .•'1 - ' • _. point ��.•• , , = ; �+ �' :� • -4 4: - . 1 T. (8) A ain the im licati.on •' is' that Mr . � De e' s disagreements . 9 , p g with the neighbors * are only with l a small minority • If so, as already s .1 noted, ,;he• ;,. should. :snot, n_ eed a `I,.counci.l-- initiated . rezoni.n • f t • i �1 r�:fl.: l �';R •fit'• �1'.!; t ,��i .'.rk. rr �:1 �v� �ti '��'' •`. . • �. J; .= . , .i.•. +� [ . . ', - : a . g • " , ~, _- , Fina11 ,':`' we �/ rei.terate' 'that •` y t if . Mr . ' Dege were' to come up with . an ! ;s appropriate - planfJ ,and ' present it',. -to the,` neighbors,•• he ought to be • able to , win the. !,approval .'r of ' a s imple majority of ''the adj scent property owners : If he cannot` pe.. suade the neighbors under these circumstances,'. and given. his failure '' ' do anything following the coi�unitments. made by his. is attorney • at the October ' 9' ineeti.ng, • and ' the ' pendency of ".-the pole barn matter in the Court of Appeals, we cannot understand' why the Council on . i �s own initiative should. vote.,, , to...., , precipitate"... another 'confrontation •with . the : ';� • i�r�mediately r adjacent. ..residential neighborhood. _ n erel .y. a- ' . Carl E . Norberg ' CEN:nk d4 ; maplewoo •t - IT !! • f 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 l i n e of Paragraph 2 states that the department of community development "appears to be recommending a broader rezoning. and increased commercial i z at i on 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 8C 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 confusing the land use p l a n with the zoning ordinance . The staff recommendation also recommends that the city initiate a plan amendment from RL , residential low density to 8C, 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 PAC would be in conf 1 i ct with the city's plan . A plan amendment is, theref ore , required to rezone the outdoor sales area. The adjacent businesses should also be included, since they are designated for RL. use on the plan, but are already zoned BC. A a copy of the land use plan is included in the attached staff report of November 17, 19870 The last sentence of page one of Mr. Norberg' s letter states that "the neighbors are puzzled as to why the department of community development has elected to ignore the understanding at the October 9 meeting, and now asks you to initiate an even broader commercial rezoning before Mr. DJege has done anything." The request to initiate this rezoning was made by Mr. Dege in his letter of August 18 , rather than the department of community development. Mr. Liege's request has been delayed since then because of other staff work and to give the opposing neighbors and Mr. DEeg e a chance to word, out their differences. In an effort to assist i n 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 compromise. The recommendation in the November 17 staff report , reflects the agreement reached at this meeting that staff would recommend a rezoning in conjunction with Mr. Dege submitting plans to remodel his sales area and screen Mr. Dreher' s lot. Mr . Dege' s plans for the screening and remodeling are attached. If the City initiates the rezoning and plan amendment, Mr. Drege will submit a formal design review board applications Initiating a rezoning only allows a public hearing to be held. It does not obligate the city to approve anything. 1 2 Attachment 6 It has never been the staff's intent, as Mr. Norberg suggests on page two of his letter, "to force Mr. Dege to negotiate i n good f a th with the neighbors ... " In the f i rst p l ace,, there are ne3.ghbors both for and against Mr. Dege . There is no one person. representing "the ne i ghbo rs . " -Secondly, previous' court dec i s i ons 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 permit was approved on December B. 1986 . 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 A. cannot be approved as a conditional use permit, Mr. Liege is requesting that the city initiate the rezoning. He feels that. since he previously applied for the conditional us.e permit, with the understanding that this-was the proper procedure, the city should rectify the procedural problem by initiating the rezoning. Staff concurs. mb 13 t f� t 1 h TO: FROM: SUBJECT* LOCATION: APPLICANT: DATE: SUMMARY T -/ l- tin by C ouncil Endorsed. M0d.if10 ed Rejected..., Date Request Change the name of "German Street" north of County Y Road B to a name dissimilar with "Germain Street ". Background 1. Refer to the letter on page 3, 29 The applicant's concerns were raised when the area residents were asked to comment on the Parkway Terrace plat. This plat created ei ht new lots along the east side of German Street. The a g concerned that the addition applicant is of . eight more "German Street" addresses could worsen the problem. 3* The eleven existing home owners on this street whether. they want to change were surveyed g the name of German Street. Of the ei ht respondents, two were in favor and six were opposed g name. PP to changing the Discus The director of public safety does not recall a ' n incident where "German Street" and "Germain Street" h Street ", and for that matter "Geranium have been confused during the delivery of em • services. Y emergency vehicle The director of public safety believes that more potential would exist for problems during the deliver of eme • ed, y g ncy services if the present name is chang This is a short street that police and fir personnel are familiar with. Changing it cowl e hesitation, at least In the near term, Changing the name would also create a nuisance and some cost for current residents to have their records changed, Recommendation Take no action. kd Attachments 10 Location map 2. Letter from the applicant MEMORANDUM City - Manager Randall Johnson, Associate P lanner Street Name Change German Street, North of County Road B Ruth Myckleby -Lang December 8, 1987 + • ' 1 r et r - � • f ='IAE lo uU �r _ -- law-- rim R f � N X • • i • 1.• r LOCATION MAP Attachment I f July 20, 1987 Jef f Olson Associate. Planner ` Maplewood, Minn 55109 Dear Jeff I recently received a letter regarding the new lat of ttparkwa P y Terracelf, and on it you referred to this plat as being at County y Road . B and Germain* = should have been German 1 Even the Maplewood City made the mistakes When I spoke to you today on the telephone you said it was a typographical error. I disagree with this being a typographical error l I have lived on German Street since 1953 and it always has been a problen, Deliveries are a definite problem • Invariably, the driver assumes t?lat German is Germain or that German is spelled gong. I also would. have (not Germain ) put in parenthesis which sometimes helped . When I would give my address at a store thepi would automatically say Germain, and I would tell them that I know the name of the street I live one This has been a constant problem. and still is. with I blew my stack /the head of the North St Paul Pasta ,Off ice about four years ago when he told me they had two German Streets ( did not know one had the i in, it) He also said they couldn ' t keep up with the various names of streets . Can you imagine that i Even the telephone book misspelled the name to Germain several ears ago, it was wrong or ever y g everyone on the street 1 I really told them off too. The name used for the street wouldn't t be that important* portent . I suggested Terrace because of the name of the Parkway Terrace Pli&t . It may be about where Ruth Street is in Sto Paul* Germanwood Is another. This would be a good time to change it before more people . g p p move on the Street . We no doubt will have problems with a name change but I heartly recommend it and wouldn't want anyone else to have the corAant problem that I have had . May I hear from you? Thank you, - Ruth T .. Myckleby -La g 2227 German Street Maplewod, Mn. 55109 all 3 Attachment 2 TO: 'FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT: DATE: I Cit Manager Thomas Ekstrand--Associate Planner Reduced Drivewa Setback Authorization 1210 East Count Road B Richard E. Tim.mers, Sr. 'Drivewa Expansion December 10, 1987 SUMMARY Introduction The applicant is re approval of a five-inch drivewa setback from the side lot line. See the letter on page 6. Code Re R er to page 8. Back,-_ � l o d *1 f *1 e d.. . Rejected Date On October 17, 1987, while repairing the section of drivewa next to his garage, Mrs Timmers widened this slab and added a narrow 20-inch strip pf cement adjacent to the neighbor's house at 1202 Count Road B. (20 inches is the average width, since this piece varies in dimension.) A permit is re , but was not applied for. This "crowding" problem is compo I unded b the house at 1202 being on y three f eet f rom this common side I of I ine. (This home was built prior to the current zoning laws.) Mrse DeRose, next door at 1202, is objecting to this encroachment since there is no room for Mrs Timmers to store his snow along his side lot line'41 Mrs. DeRose explained that during past winters, Mrs Timmers'snow has been piled in her y ard behind her house and also up against her house, bur her air conditioner and utilit meter (causing complaints from NSP) and creating leakage into her basement, Alternatives Re removal of the newl extended drivewa 2. Allow the encroachment. This would re that council make the finding that the drivewa would have no adverse effect on the adjacent lot or owner. A-o.tion b Courmain .-, 3. Re the removal of that narrow portion of the new drivewa adjacent to Mrs. DeRosels house. Mrs. De Rose objects to this and feels that all portions of the drivewa should be cut back to observe a five-foot setback., D. i so i o Alternative Two i s not f easibI e, since the f inding cannot be made that there woul d be no adverse of ect on the adjacent I of or .owner because of snow Storage probl ems e Alternative Three has some merit as a compromise, but does not solve the potential of ..Mrs.. Timmers' snow being stored on Mrs. DeRose's propert The cit cannot in fairness, re a full +ive-+oot setbac�** since ther is no wa of proving a drivewa setback violation existed before the recent expansion, - Recommendation Denial of Mr. Timmers" re to let his drivewa remain five inche's from the side lot 'line since it cannot be found that the drivewa would have no adverse effect on the adjacent lot or owner duo to inadequate area for on-site snow storage, Mr. Timmers shall remove the newl widened portion of the drivewa approximatel th west 20 inches from the southernmost edge of the drivewa next to the garage north to the beginning of the expanded drivewa This work shall be completed b Januar 30 19888 fib Attachments: is Location Map 2. Propert Line /Zoning Map 3. Site Plan 4. Mr. Timmers' letter 5. Ordinance Section 29-120 2 Aft W W so 3 22 Q + �' g ON`s' vP �� per o� .: 3 l�oNMOn Loke i POND ss� KOHLMANd AV Y V Co v -J CO RD .. t~n s Z W O CO 2 '1 W : J 'AALM C PALM Y CR Z � E J HILL RD Q ��CONNOR G ON R o � � � � 3C tT OE - MONK AV o o I) CONNOR AV rr DEMONT AV m c .�� 3 SRO m W 22 W BROO�T � �v � Q Z � Q SEXTANT Pv 60 'F�� XTAN T AV 112 GERVAIS AV } w a GERV AIS GRANDVt Z GE CT Ew Av PKWY m W m VIKING Oft Y R C OPE A V Knuckle Heod L oke COPE KeHer Lake LARK A a LARK ' Q CO o RD B a LAURIE Q Y Q 25 s LE AND RD 0 SAND- HURST Ir i A smmoo� z AV c JUNCTION ST o Y CO v P� E AV f9rr URKE o AV AV a ��'� (1) CHAMBERS ST m aQ g ELDRIDG AV # y � Q s 1 q a s m JBE LMQNT A N � SKI � � ; _ � �� RECRE a AV ICEMAN AV �v RR 'QT /pNV .NW OD y IS pV - LA o AV Q�0 N ROSEWOOD DN AN RY- N AW S AV 2 6 RA I J p FROST d / v AV 28 F- CMr 60 27 s FE T m Cr o / W ON AV y H W a � '' h� < _ S ME R AV W 3 / �. ; a c to a SUM R w a Q. Cl* 62 w Q FRISBlE AV x O a 121 >- w a RIP LEY n F" s W r LEY N - Z yC Q Q m o �-- c� / Y s Z c RIP 7 Rou a lA Al `-' W � W�4K�F /ELD Y a J lake s Y a N H ia AVM y�� \V // L Q � \"J Q J 'Q C a d � U PRICE n \ c � _ �. ... L A L :4 �c UR cil e s� PA 11L 62 s4 65 LOCATION MAP ' Attachment 1 4 N qsr A qw C 06 �.�• � I T 14 .80 46c, ( a M VAGi O 2 u (� 1 ,s l 1 10 o IT ,�l 2 . O Vic.. ,� 1 MAN&# LA - 9 01 $4 Doe IS31411940 0 1 1 1 a a 70 AVE T 1 0 10 4Q I • W 37 • r 16 16 19 z 2-1 z 4 zf. 2 W e ll Is 14 :ri 1 101 17 0 D I I I to ro 14 3 2 1 165) 70 p s) * 1 1 (4) '(3) 61 54 . • ..... -:. ..:..: LARK ...... A VE. fk'7 7 L 1601 44 + 1,4 1 3 1 `r{ { i Id' g $ 41 30 3J iou) 0's) 40 40 401 4 401 *0 1 4o 40 14(s140 202 1210 Sal 4 -- ua) ASac • C1"U C., 44 wow T4 Z9 30 z%► 2(1 V zip 1I I�Isfzo so 6 6 1 es 04 9 1 v IIIi t 7 i 40 Tole A 11 93� ssac L 11 101 7 4 1 $A 0 4 oil :. — i '(/► I �) 4 146) J Al 40 40 140 1401 AO j 401,- L AO) X10 fo 1 . 4 .. L A ROAD 4 T IL 4 say 610 Q 154".4to 31) 3.101 144 �Ily ,61), 1 ; 0 .6 1 Z I z4vip 1 2.9 1 U 20 j I la I zs' L4 Z% z 49 • �i� }� ^ r3o t 140 IS 1 * 119 1 1 O � Of key I OIL to 1 5 7 J. 5- 4 < 15 14113 1 .4-- t # • irw i C'.. 1�31 is I �dos 'o # 0 ) 1 1(01 160) C) • 40 gol L .gy f . 0 40 14 JU%;j1QN IL I 6VFm-- Q�45- 3(v 0 PROPERTY LINE /ZONING MAP 4 Attachment 2 4 L 0% COUNTY ROAD.-'-.B DE 1202 - TIMMERS 1210 LOT LINE drivewa new driveway spetion side', -setbacks chimney'0020'".00 housemoV -,o never drivewa I RE IAA drive . I . wa repaire and widened a drivew section t rt 6*. SETBACK! LINE nevi drivewa scale Thes measurements were taken b staff, based 1&•sw30• on a line stretched between surve irons. Attachment 3 4 NOY 19 199 November 18, 1987 City Council City of Maplewood 1830 E Co Rd B Maplewood, MN 55109 Attention: Thomas Ekstrand Dear. Mr Ekstrand: Regarding your letter 11-10-87. V am asking the City Council for permission to leave my cement slab at the width that it is which is 5 inches from my property line and which my neighbors home is 17 inches from the property line. We are having a disagreement with our neighbors about the additional foot that I added on when I repoured the slab. I would like to explain the reason why I added the additional foot onto the cement slab. My wife'and I travel in a thirty four foot Motorhome in the winter months and in the summer months'we park our Motorhome on that slab next to the neighbors home which is Mrs DeRose house. Early this year Mrs DeRose complained to me that the view from her window was blocked from the Motorhome being parked there. I pcured the additional foot so I could park my Motorhome back next to my garage so when Mrs DeRose opens her shades she can see the street and our yard, instead of the Motorhome. (SEE ATTACHED DRAFT ENCLOSED) V am out of town at this time, but I will be returning December 22, 1987 for about 10 days. If you need to meet with me I can be reached on that day at ,1484 -4750. I would appreciate your time on this matter and if you would keep me in touch. 'ncerely, C Richard E Timmers Sr 6 Attachment 4 so 1 t S 7 �o � 0 4 s m cl� 0 0 r 1 r 40M Now dow mom AIMED loop qvmmm AIW one amm =No low 4W& CAMEO AMID, ... CAME _ _, CA M COME CAM S 7 �o � 0 4 s m cl� 0 0 Sec. 29 -120. Location. Driveways shall have a setback of at least five (5) feet from the side or rear lot lines, except by written agreement with the owner of the adjacent lot or where the ci review board approves council or community design roves a lesser Y n g pp setback. In order to approve a driveway within the five -foot setback without approval of the adjacent owner, the city shall notify he adjacent Y � owner at least ten (10) days before the meeting. The council must make a find- ing that the drive would have no adverse effect on the adjacent ent lot or owner. The council shall include the following onsidera- tions in determinin adverse g g effect: (a) Snow storage. (b) Proximity of the drive to an a 'acent house, � o se. (c) Difference in grade elevations. (d) Drainage. (e) Headlight glare. W Noise. (g) Berms. (Code 1965, § 501.030 Ora No. 322, § 1, 6 22 - 72; Ord. No. 572 .1, 9.24 -84) Attachment 5 8 I - - MEMORANDUM' TO: Cit Manager FROM: Director of Communit Development. SUBJECT: Fee Increase--Duane Grace DATE: December 21 9 1987 Introduction Action by Council* Endo rs e Moth f i e lie ected.... Date The attached letter from Duane Grace re a fee increase from $22 per hour to $44 per hour. Duane is a private consultant, who has been doing plan reviews for us for several y ears. He is charging his other clients $44 per hour. Discussion AlthOUgh the new rate is .twice as high as the current rate, we ant i c i pate using Duane onl half as much next y ear, due to the addition this y ear of another building. inspector. The pro . posed change in fees should not, therefore, effect the budget. Duane would be used primaril to handle work overloads. Duane is,an experienced code consultant who has been especiall valuable in reviewing larger commercial plans. It sho also be noted that the cit makes a profit on each consultants' fee. As. an example, the plan review free paid b the contractor on a $500,000 building would be approximatel $1,325. Duane .#s fee to the cit would onl be $440, leaving an $885 profit for the cit Recommendation Approve the fee increase. mb Attachment: Duane's letter 4 Ms. Marge 0 st rom Building Off City of Maplewood, Dear Ms. IvIarge , Duane C. Grace & Assoc. Building Codes Consultants 4126 Rice Street Vadnais Heights, 14 TJ , 55126 November 25, 1887 I have _ been helping you and your city with plan reviews for a very long time S inc e 1976 1 believe. Now I find that even though I would like to continue t o be of assistance to you and the city, that I must charge your city the same rat that I am charging my other clients. I do believe that besides charging your city les than my other customers, we have also tried to be available when needed. I don't think that part should change, although I would ask that Z not be asked to make inspecti any more often than is necessary. This is really the pattern that is being followed at the present time. I am enclosing a copy of my plan review fee schedule and I will state that this is the maximum that would be charged. I still try to do it on a hourly basis and usually the fee is between50 -75 � of the listed fee when the proje get over . the $500,000 value . I presently charge other cities $45.00 for inspection services, as a maximum. 'I reserve the right to adjust the fee downward in certain cases. Sincerely, Duane C . Grace cc. for Jeff .l i J� � Action by Counc-ItIV •�yR. Hlo 'f . e 3 e cte a t� TO: Ci Manager FROM: Director of Community Development SUBJECT: Time Extension DATE: December 18, 1987 Wayne McCloud, at 2695 Fremont.Avenue, has requested a time extension to put siding on his house. Mr. McCloud was given six months to comply with the city's siding ordinance on May 29, 1987. On December 3, 1987, Mr. McCloud was notified that he must comply or request a time extension from the city council. An application for a time extension is attached. jl Attachments 1. 2 letters sent to Mr. McCloud 2. Application form CITY OF - i - •�� ` �. iti� CO. ROAD B - 4" 1830 L MAPLEWOOD, MINNESUIA 55109 MAPL EWOOD OFFICE OF COMMUNITY DEVELOPMENT 612-770-4560 May 29, 1987 Mr. Wayne McCloud 2695 Fremont Avenue Maplewood, MN 55119 CODE VIOLATION— EXTERIOR FINISH ON HOME The Maplewood City Council recently passed an ordinance regarding exterior finishes on residential homes. The ordinance see co C Py) requi that all homes have an acceptable exterior finish completed within six months time of when t the project was started, or in this case, six months from the date of this letter. Tar paper, insulation i unfinished plywood and other similar materials will no tonge r be able as exter' accept — nor home finishes. You must, therefore, complete the exterior of our home b the y y end of November, 1987. If you have any ques tions re ardin ' h' g g t is matter, please do not hesitate to contact me at 770 -4560. G Ir /. ..r r1l ROBERT J. WENGER — ENVIRONM HEALTH OFFICIAL '1 Enclosure t t• .r 11 1830 EAST CO. ROAD B MAP W D MIN CITY OF MAPLJE�WOO LE 00 NESOrl'A 55109 OFFICE OF COMMUNITY DEVELOPMENT 612- 770 -4560 December 3, 1987 Mr Wayne McCloud 2695 Fremont Maplewood , MN 55119 CODE VIOLATION -- EXTERIOR HOME FINISH I have noted that you have not yet completed the exterior finish on your home at 2695 Fremont as was ordered in m last letter dated May y 24, 19870 The six month deadline expired on November 30, 19870 _Under the ordinance, the building inspector may rant a 90-day ex tension y 9 y xtension if i there s bad weather or other similar construction de 1 ays . As that has not been a problem, you must within seven days either complete the work or petition the city council for additional time. If ou do not t respond within seven days, the city attorney will proceed. with legal action. You may contact the city clerk at 770-4500 regarding appearing before the city council, ROBERT J. WENGER - ENVIR MEN' ji Certified Mail -t.. TAL HEALTH OFFICIAL •, J s , • APPLICATION FOR SIDING TIME EXTENSION NAME ADDRE CITY 1f 11,2A -P L STATE - ��? � .. ZIP REASON FOR REQUEST: 1. Financial Hardship (fill out reverse side: 2. Other: w ,r. 4 - 1 Qy� I certify that the income information I have supplied on this application is true and accurate. Signed: I •i INCOME INFORMATION � l •'INCOME nwaris any amount received from the following sources by any Resident:. • Any Public Assistatice, including but not 0 Salaries, including commissions, bonuses, limited to Welfare, AFDC, SSI. and overtime pay and tips Unemployment Conil:itsatioti • Interest and Dividends 40. Pensions and Annuities, including PERA o Rental income and Social Security a fit —for self-employed ed Business Pro p y • Estate or Trust income individuals, including Farmers Gains from the sale of property or 4 Payments received from . properties being securities - sold on Contracts for Deed • • VA Educational Grants List all residents of y our household. Include yourself. Include their ages and their incomes (if any): 1) Income listed should include all income which your household can reasonably expect to receive during the next 12 n7on ths. 2) "RESIDENT" means any person, other than a renter, living in the household for at least 9 months of the year, or a person who is claimed as a dependent for income tax purposes. NAME OF AGE OF INCOME OF RESIDENT RESIDENT RESIDENT SOURCE OF INCOME (per month) (including employer's address, if a plicable) -C.10 ._ -56 0 per month per TOTAL INCOME: P year P y z f AGENDA REPORT To: �, i ty Manager Michael McGuire, .�, g Ac t i ers by C oun.r. .� From: 'Chief of Police Kenneth U Collins Subject: Council Chamber Tables E ndor se d-.._ D ate: December 21, 1987 _, __ R ecte _ Introduction Date xu During the past several.months, we have been .getti proposals for Council tables and would h g p ro p hope to make a decision in the near future, Background In September of 1987, we received a proposal for an extensi on onto our current Council table, which would be along the north wall. In October of 1987, we received a prop osal for a straigh p g t Gounci 1 tabl e which would sit alon the south wall. Included in both of these proposals were new podiums and ress tabl esr These two proposals have met - mixed reviews, therefore a thir d proposal is being requested. This proposal would be for tables of various designs that could 9 be put together in varying geometric shapes. This proposal should be read for Council presentation on December 28 1987 y � r Alternatives Review the three proposals that are attached. Budget Impact Sufficient monies exist in the 1987 budget to,-purchase an alternatives, y of the three Action Required This matter should be reviewed by you and the City ouncil and a de cision y made as to which plan best meets the needs of the City. y It is imperative that this decision be made on December 28 so that this money can be encumbered this year, KVC:js m a i ! I �I I � � r _ z i I .i V� Y . vl J+ i V i + I NLFA. . .',L } i• cd • N . � rn'Q: i ! I �I I � � r _ z i I .i V� Y . vl J+ i V i + I NLFA. . .',L 6 1 Z3 M 15 Table La Typical confi are illustrated. Ima and customer ne dictate the re confi below, 30x6O 120 7 760 90 30x60x30 LO z 120 ca CM1 60 301 150 120 60 r 30 ir 30 r 1 30 r. 1:1 3000 6 1' 1 120 CD co 4- 60 120 LIA MEMORANDUM TO: Ma and Cit Council FROM: Cit Mana RE: HAZMAT DATE: December 22, 1987 AGENDA # Action by, CowncIIT.vi Endorsed,..--,, I I Mod'f ' ed.� e e ct e -D ClIt 10. The Director of Emer Services has 're that a. Councilmember be appointed to serve on the Maplewood HAZMAT*Committee,, I have also enclosed a meetin notice-on this topic for the first week Is 1 . n Januar Please contact Mr. Cude's, office for reservations (770-4548)0 MAM: 1 n TOO Ma John. Greavu .Cit Councilmembers Cit Mana Mike. McGuire FROM. Director-of Emer Services Larr J. Cu.d-e DATE4 December 31 1987 RE: Hazmat Committee I The Office of Emer Services has met with the. Joint Fire Chiefs resultin in the. formulation of a Maplewood Hazmat Committee* This Committee will address the re of SARA and how Maplewood will resp to them. As this task is g oin g to have a. considerable impact on the cit in terms of time, f inanc'l*n and -resources, we are re that a member of the Cit Council activel participate as a I committee member. If possible, I would like to have the n of the councilmember that will. be partici- patin b the last week of December or first week, in Januar We apprec iate y our consideration of this re and look f orward to y our comments LJC:a i � �, e t MEMORANDUM TO: Mayor John Gr e avu City. Councilmembers City manager Tike McGuire Director of Public Safes K en Coll ; y �. FRGS: Director of E me r g ency' services Larry J. Cude DATE: Decem 9, 1987 RE: SARA Title III Or ientation Sess Enclosed is a cop of a me mo from om the State Office of Emergency Management concerning the Super found Amendments Rea uthorization Act (SARA) � and 4 They are offering SAGA orientation L � am sessions s �. on s �' o r ��u �,� �. �. c Officials and facility owneks /o erators, Based on - what we have learned on • th �.s subject t tQ date, we would strongly'. recommend that the appro 4 .::,.. Official. (s } attend on c a t=T. , e of those scheduled meetings ( see last page of enclosure), 1 /5/88 Ramada Inn 9 • Inn ( 94 & Wh Bear) St. Maui 4 1/2 hours from 12: 30 5 s 00 p ,m 1 /6/08 Thunderbird Hote � �., Bloomington 4 1/2 .hours from. 5:30 -- 10.00 p. 1/7/88 C o o k R a I d s T t W � HIS SESSION HAS BEEN C NC. L1.s , . Our office wi ll take dare. of making with the St ng the reservations Sta If you would like to attend r lease s a call at 770-4547 b ��onda D �' give �� y y, December 21, l907 Feel free to contact us i you y' have any questions LJCd enclosure ., RI I DIVISION OF EMERGENCY MANAGEMENT 135 • STATE CAPITOL (612) 296.2233 METRO REGION OFFICE LaLt! kapl' O _ L S o Paul, MN 55155 STATE OF MINNESOT 612/29*7-3942 DEPARTMENT OF PUBLIC SAFETY SAINT PAUL 5's155 October 19, 1987 4: I,- ".V OCT 1987 0-40 J UIVr i:V QJUN I V MEMORANDUM TO Emer Services Directors,, Metro Region Counties FROM Howard Strabal Re a. 0 g ional Pro at ordinator g r SUBJECT SARA Trainin Attached is -the COPY of a letter sent to all Co u all �4�- ?� - y. , men in the state of Minnesota* A 1*st" boa r sions is also enclosed, sti of orienta'tion se s- A similar letter is bein sent to all mayors thr ouqh the League coma' _V.. MITI., Citie.s... We will send you a cop as S t oon as, .1 is available. If you have an questions, please Contact th is office HJS: TB Enclosure DIVISION OF EMERGENCY MANA GEMENT 85 -- STATE CAPITOL (6 Oc 1 1987 Cr 1 STATE of MI NNESOTA DEPARTMENT OF PUBLIC SAFETY SAINT PAUL 55155 1 L o p F 0 Cr !9 rSr On October 17, 19$`6 t . he .Superfu.nd Amendments anal (SAR?�} was si ned int � Reauthorization Act o law, Ti tl e I I I of thi s P1 anni ng: and Cocn►nun ' Act the E merge ncy ty Right -•to -Know Ac t of 1986 h Pacts on state and local governments, as far im� nesota that stor ,� vernment�, and numerous' umerous facilities in ew e, manufacture or process extre Min C � . One of the re ui re me t y h azy rdo u►� Ghemi q rr1 ents played on local governments i to Loca Emergency Planning Comill o s to submit tans which incorporate 1 tt s by October 17, 1988, p ate tine Title III requirements, T plans must be upd ated ar�d axe r hereafter, these ci sed at least annually, Title III also re ui • q re s those f ac a l i t ee s to rov i de f • partments, in some ca se P o rris to f re de-• s in overwhelming numbers, indicatin s manufactured /stored / roces�e 9 the them ica1 rent of th' , d, and � nventpry repo Mana i s data can become a mad o r problem gee many facilities i n their for fire rd departments with few fa a jurisdiction or even for those with . l i ties having numerous hazard andy a hazardous, . Policies must be established b jurisdictionst • o Y all regarding ev p nsibilities, parameters, timin 9 9 acua- fiend res ��Zlbe legi y and routes. This appl iQs to t i cause , this' also covers t a tion of haza rdous chemicals ,... he transpor- not dust those found in fixed fa . ties. ci l �-M The Minneso Depa rtment rtr�� . p ant of Publ � on c Safety, ai vi s i agenient has compl r of Emergency Man• p p otype revisions , i ncor orati • require rota emergency operations incorp n9 the Tole i I I throughout 1�)ast y p ions plans. currently in existen of Minnesota, Planning session ed to assist local emergency ma shave been scheduled 9 y nagers �n thz s process. . We are presenting orientation Sessions ess�ens for public offici and fa- ci 1 i ty owners and operators. T rovide a he courses for publ officia P n eve ry i ew of the TI Title III wi local governments. requirements , and impacts on AN E01JA1 nr'rn►ITH FMrt twin oc tobe r j., 1 Pa 2 Because of the 1 acts . P accompanying this /pct, n o l ocal gove rnments and we feel this tr alning is , the liability sues essential Y our department h.gads l enf:orcement, fire, with respons bi l res pon s ibilities , in tran for you and this aria i ortati on .h P eai th , e tc , See the enclosure for gency 14ana ement re ion, 9 g a list ofours.� loca��ns, (Regional boundaries by Division f Em erow ma All tra ni r�� R � s the coordinator indca.. .� .� free o f charge . To rya ke d are indi on the a re s e rva t i.on, contact ill courses will 'begin e at Least two weeks prior at 5:3.0 � p.m. f except the .to �to the course . one in St. Paul which wi ill start at 12:30 P.m.f and last 4 1 /2 hours. Si Thomas Motherwa Y Director TM: jb Enclosure _ CITY OF ,,,,, .,-, .„.„, mApLEwo 0 D _ ,.., .1tr, _ ,. .4,:,,,, ,,tt, ,,,,.,..,,,.;, ,....,4, ,!,. .., .e.t.,. ik :::,", .. . :::7 IR 4 , flal-1.1 _ 1114. a• • li e'' \ J iii akk • .‘ 34ILC "P`. VA ••, 41,..."--a• , al, 0 .•'4' ' 1 Cr' ' • ,\4„, 4=4, ' - f , i �\ N • ♦' r 4:400, t HUMAN RELATIONS COMMISSION I BIENNIAL REPORT I 1985 - 86 ., la , I 1 CITY OF MAPLEWOOD HUMAN RELATIONS COMMISSION BIENNIAL REPORT 1985-86 TABLE OF CONTENTS Page Letter of Transmittal 1 Commission Roster 2 and Attendance Record 1985 Commision Roster 3 and Attendance Record 1986 Organization 4 Objectives 5 Activities and Accomplishments 6 9 Goals APPENDICES A - Commission Ordinance Ap A B - Commission Poster Ap B Ap C C - Commission Brochure CITY OF mApLEwo OD ' ` . _ 1830 EAST CO. ROAD B MAPLEWOOD, MINNESOTA 55109 November, 1987 Mayor John Greavu City Council Members Manager Mike McGuire The commission members are proud to submit this report for the calendar years 1985 and 1986 in accordance with sub-section 7 of section 208.040 of the Maplewood code. The activities and accomplishments of the commission have been many and varied. —— Commission members have been involved in city accessibility, employment prac- tices and legislative issues. The commission conducted publicity for Martin Luther King and Human Rights Day observances, classes, hosted an exhibit on mentally retarded concerns and initiated the successful awareness-raising PACER Puppet Program at elementary schools. The major emphasis of the commission over the past two years has been cm- _ munity awareness of human rights concerns. The commission continues to hear grievances of alleged discrimination in areas including religion, employment, pay equity, sex and age discrimination, physical and mental disability and housing. The Council reaffirms its commitment to the goals of community awareness and action to enhance the rights of all people and will work toward accomplishing these goals. We look forward to a successful year in working with the new city manager and the council members. As always, the commission stands ready to be of assistance to the council and the city of Maplewood in all aspects affecting the human rights of its,' e)idents. Sincerely, , ScottRostfon, hairperson MAPLEWOOD HUMAN RELATIONS COMMISSION ROSTER 1985 Mary Eiden Maria Larsen (Secretary ) 2052 Barclay 55109 2050 E. Seventh Ave 55109 Ronald Heimerl Sister Claire Lynch 1701 Birmingham 55109 2675 E. Larpenteur 55109 Susanne Hoyt Scott Rostron (Vice Chair ) 29993 Furness 55109 1211 E. Skillman 55109 Clemence Kwapick Patricia Williamson (Chair ) 773 Bellwood Ave 55117 521 Ferndale St 55119 Note : Mr . Heimerl resigned in May . - ATTENDANCE RECORD JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Eiden - x x x x NM NM x x x x Heimerl - - - x R NM R NM R R R R Hoyt x x - x x NM x NM x x - x Kwapick - - - - x NM x NM x - - - Larsen x - - x x NM x NM x x x x Lynch x x x x x NM - NM x x x x Rostron x x x x x NM - NM - x x x Williamson x x x x x NM x NM - - x x Code : - Absent x Present R Resigned NM No Meeting -2- MAPLEWOOD HUMAN RELATIONS COMMISSION ROSTER 1986 Mary Eiden (Secretary) Sister Claire Lynch (Vice Chair) 2052 Barclay 55109 2675 E. Larpenteur 55109 Susanne Hoyt Scott Rostron ( Chair ) 2993 Furness 55109 1211 E. Skillman 55109 Clemence Kwapick Patricia Williamson 773 Bellwood Ave 55117 521 Ferndale 55119 ATTENDANCE RECORD JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Eiden NM x x NM x x NM NM x x x x Hoyt NM x x NM x - NM NM - x x - Kwapick NM x x NM - x NM NM - - - - Lynch NM x x NM x x NM NM - x x x Rostron NM x x NM x x NM NM x x x x Williamson NM - x NM x - NM NM x x x x Code : - Absent x Present NM No Meeting -3- COMMISSION ORGANIZATION The MAPLEWOOD HUMAN RELATIONS COMMISSION was created by Ordinance on April 18. 1968. There are nine seats on the Commission . The Commission meets monthly at 7: 15 p .m. , usually on the first Tuesday , at Maplewood City Hall . All meetings are open to the public . Commission members become certified in the NO FAULT GRIEVANCE PROCESS following appropriate training. A free informational pamphlet is available upon request . Contact the Commission Chairperson through the City Manager' s office concerning any matters relating to the Commission . -4- OBJECTIVES AS A PARTNER WITH THE STATE DEPARTMENT OF HUMAN RIGHTS, THE COMMISSION WORKS TO SECURE FOR ALL CITIZENS EQUAL OPPORTUNITY IN HOUSING , EMPLOYMENT, PUBLIC ACCOMMODATIONS, PUBLIC SERVICES, AND EDUCATION. THE COMMISSION ALSO WORKS CONSISTENTLY TO IMPROVE THE HUMAN RELATIONS CLIMATE OF THE COMMUNITY. -5- ACTIVITIES AND ACCOMPLISHMENTS 1985-86 . . . . CITY ACCESSIBILITY STUDY Monitored accessibility study ; wrote letter to City Manager , Mayor and City Council indicating the Commission wanted to go on record to express concern about the City's compliance efforts. Offered to publicize any efforts in the right direction , and recommended that excerpts be published in Maplewood in Motion . The City adopted the minimum requirements that recommended " voluntary measures to improve accessibility , " and no further action resulted. CITY JOB APPLICATION Reviewed job application form used by the City , and made written recommendation to City Manager that changes be made to meet Sec 504 of the VoRehab Act . The intent was to remove discriminatory questions. . . . . NEW CITY HALL ACCESSIBILITY Checked with City Planning Commission and reviewed building plans which did not address all accessibility issues . Informed City Manager who promised to check out details. . . . . GOALS AND OBJECTIVES Updated goals and objectives and set priorities to focus on Commission visibility . . . . . PUBLICITY FOR MARTIN LUTHER KING AND HUMAN RIGHTS DAY OBSERVANCES Articles for Maplewood Review; messages displayed on Ramsey County Home sign , and Maplewood State Bank electronic sign ; . _ Distributed information and brochures to local library , schools , and churches. -6- . . . . WORKSHOP ON HUMAN RIGHTS ACT Initiated contact with six Human Rights Commissioners in nearby cities to discuss co-sponsorship of workshop on the Human Rights Act for local firms. Such a joint venture was not enthusiastically received, and was not pursued. . . . . HIGH SCHOOL INFO PACKET Considered contacting District 622 schools about introducing the unit into social studies classes. An alternative would be to present as a Community Education offering. Not pursued. . . . . COMMISSION VACANCIES Advertised for new members. Contacted several interested persons. . . . . HUMAN RIGHTS AWARD Discussed such an award for Maplewood. Sought information from other groups , including the Volunteer Action Center . Will consider another year . LETTER TO DEPT OF HUMAN RIGHTS Sent letter to Commissioner Linda Johnson offering congratulations on the elimination of the backlog of HR cases . . . . . MEETING WITH NEW CITY MANAGER Hosted December meeting at St . Paul 's Priory . New City Manager Don Lais participated in honoring Maria Larsen who completed 17 years' service on the Commission . . . . . EXHIBIT ON MENTALLY RETARDED Arranged for an exhibit in Maplewood Mall entitled "The Mentally Retarded - Our Neglected Minority" . -7- . . , . PACER PUPPETS PROGRAM Scheduled several shows at Weaver and Carver elementary schools for 3rd and 4th graders. The show entitled " Count Me In" uses puppets to explain handicaps to children and adults and help dispel fears, myths , and misconceptions about persons with disabilities. . . . . CIVIL RIGHTS RESTORATION ACT Wrote letter to legislative Chair of committee expressing support . . . . . MEMBER RECOGNITION Sister Claire Lynch received recognition on two occasions. She was featured in an article in the Catholic Bulletin about locating parents of orphans (a followup of an article she wrote on St . Joseph's Orphanage) , and by the College of St . Benedict , which honored her for nine years of service as Dean . . . . . NO FAULT GRIEVANCE CASES Six cases were handled during the two-year period. These covered following areas : religion in employment , pay equity , employment (physical disability ) , sex discrimination (pregnancy ) , age discrimination , and housing. No cases became formal charges . -8- GOALS . Promote awareness of human rights in city businesses and schools . Increase Commission membership . Increase publicity/visibility ▪ Continue interaction with Leaaue of Minnesota Human Rights Commissions . Network with other local commissions _ _ Maintain activities with HRA . Pursue interaction with City Council and staff/seek staff contact Page 9 cn • r.. •" r G ti < r' Ar O C4 �/; g' 7 �. 3 3 • —1 n cc ti• m PD = 'l7 e+ c"' n m O - n L ; 3 3 4' T • p r'. w r m ? cc a. c 0> 3 a e 12 • B cct, OD p s `es � (J� I cc -• o .-3 M. 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Region I I DEM Region III DEM Regi IV DEM Region V DEM Metro Region SARA T i tl.e L I I, Public Officials Training Date Location Coordina r 1 / 19 /$$ 1/20/88 Winona Rochester. Robert Ousso 1/2I188 North Mankato Rochester (507) 2'85-7459 11/17/87 11/18/81 Duluth Grand Rapids Roy Holmes Grand Rapids 11/19/87 Brainerd (218) 327 -496 1/5/88 1 /6 /a8 Moorhead Ray Klein 1/7/88 Crookston Bemidji Bemidji (218) 755 -2963 2/1.6/88 2/17/II8 Fergus Falls Wilmar Sh�on KeI1y r St. 2/18/88 St. Cloud Claud (612) 255 -2211 11/17/87 11/18/87 Worth•inyton Marshall Anthony Zaragoza 11/19/8y Hutchinson Mankato (,p7) 389 -1921 1/5/80 St. Paul 1/6/88 Blooming 1/ Coon Rapids MINNESOTA DEPARTMENT of PUBLIC SAFET DIVISION OF EMERGENCY MANAGEMENT Howard Strabala St, Pau] (G12) 291 -3942 EMERGENCY MANAGEMENT REGION$