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HomeMy WebLinkAbout1982 10-25 City Council PacketAGENDA Maalewood City Council _ 7:00 P.M., Monday, October 25, 1982 Municipal Administration Building' Meetinq 82 -29 S s f J ' r A) CALL TO ORDER B) ROLL CALL C) APPROVAL OF MINUTES Minutes 82 -26, September 27, 1932 D) APPROVAL OF AGENDA E) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 1. Accounts Payable 2. Election Judges 30 Final Approval Revenue Note - Woodri ng, Inc. 40 1981 Engineering Charges - Holloway Project F) PUBLIC HEARINGS 1. 7:00 Housing Plan 2. 7:10 Special Exception /Variance: 1660 N. Sterling (Montessori) 3. 7:15 Special Use Permit: Century and Ivy (Pearson Estates) 4. 7:45 Special Use Permit: 940 Frost (St. Paul Tourist Cabins) 5. 8:00 Variances: Lark Avenue (.Leigh Investments, Inc.) 6, 8:15 Code Amendment: Double Dwelling Entrances 7, 8:30 Rezoning: 1559 E. County Road C (Haffely) G)AWARD OF BIDS H) UNFINISHED BUSINESS 11 Code Amendment - BC(M) District (2nd Reading -4 Votes Required.) 2.Ramsey County Watershed Assessment 3. Ordinance Amendment - Billboards 4. Rubbish Removal I) NEW BUSINESS 1. LOGIS Joint Powers Agreement Approval 2. Hazelwood St., Frost Ave. - T.H. 36 _ J) VISITOR PRESENTATION K) COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. P1) ADJOURNMENT 2. Community Design Review Board Evaluation a. Chairman Tony Phillippi presented the Community Design Review Board's self evaluation report. b. Councilmember Bastian moved to accept the report. Seconded by Councilperson Juker'.Ayes - all. 3. Billboard Ordinance a. Manager Evans presented the staff report. b. Mr. Jack Lawrence, Signcrafters, spoke against the proposed ordinance. c. Ms. Julianne Bye, Naegele Advertising, spoke against the proposed ordinance. d. Mr. Harald Haugan, 1763 Onacrest Curve, and Mr. Dick Myers, 1820 No. McKnight Road, both stated billboards should not be allowed in Maplewood. e. Councilmember Juker moved first reading of an ordinance regulating billboard signs as presented in Alternate II as amended. Seconded by Councilmember Anderson.Ayes - all. 4. Sewer Rates - Jon Belisle a. Mr. Jon Belisle, 2594 Brookview Drive, expressed his displeasure as to the sewer rental charges. b. No action taken. 5. Uniform Fire Code a. Manager Evans presented the staff report. b. Councilmember Juker introduced the following ordinance and moved its adoption: Ordinance No. 523 An Ordinance Amending Chapter 1703 Of The Maplewoo Code Relating to Fire Prevention Code i+ 10a-9/27 Y. CITY OF MAPLEWOOD A C C 0 U N T S P A Y A 8 L E DATE 10 -25-82 PAGE i CHECK* A H 0 U N T C L A I M A N T P U R P 0 S E 001000 flni nal 260004 IS VIRTUE PRINTING GQ CARY POSTAGE FEES 001002 2T0.00 MINN 0L0#4nmSnm STATE TREASURER CMj.St1 STATE D/L FEES PAYABLE 001903 3v 159a 2S MINN STATE TREASURER V LTC SE F PAYABLE 4 fi3.48 Lucir If F #U EELI is TRAV A IRA WING AND-FUEL + OIL 3 MINN STATE TREASURER MY LICENSF FEES PAYABLE 001086 171,04 MINN STATE TREASURER STATE O/L FEES PAYABLE 001007 65*50 RAMSEY CO CLERK OF DIST CNTY D/L FEES PAYABLE So-fla KETiH ST-INE FFFq sFgvT r.F- Oral Inter= views, Police Officer 001009 54* 04 TOM RE DOI NC FEES, SERVICE Oral Inter- Views s. Police Officer 001010 50.00 DICK MLLE FEES* SERVICE - Oral Inter- 4S HIGHVIEW NO AFARTMENTS views for Police Officer JUDGEMENTS + LOSSES 0 0101.2 11#00 OS MIRM STATE TREASURER.STATE OIL FEES PAYABLE 001013 59557937 MINN STATE TREASURER MV LICENSE FEES PAYABLE I 0! !j ifi, 67 R FOWTN r-OnK FEFSm SERVICE Speaker Fee 001915 5s649*25 INN STATE 1 RE ASURER NV- LICENSE FEES PAYABLE 001016 266. OOL MINN STATE TREASURER STATE on FEES PAYABLE 7 fig- in MThN LAmnRCAPF AR SUP PROaRAM 00tiol8 496*10 STON S TOf -HE LAKE:SUPPLIES, PROGRAM 001019 08 VOID CHECK VOIDED CHECKS 0 0102 2S9*08 RINI! S- - ATE TREASURERT TATE V fvEs. PAYABLE 001022 4, 020. MINN STATE TREASURER MV LICENSE FEES PAYABLE IL SEES PAYABLEST4,T E %TATE 0001024 I": -N CITY OF MAPLEWOOD A C C 0 U N T S P A Y A 8 L E DATE 10 -25 -82 PAGE 2 CHECK* A M 0 U N T C L A I M A N T P U R P 0 S E ri`TR£ARtRA GONTRIBUTIONS PERA - s FE AND- CONTRIBUTIONS, FERA AND- CONTRIBUT fl S PERA E3 CnN TIDXS..3 J1ANCE_ -- 001029 29993.40 MN MUTUAL LIFE INS CO CONTRIBUTIONS,INSURANCE 9' 91. H3 0 3s 3: 6 SN NUML LIFE 1NS C.0 A/R - INS CONTINUANCE AND- N£ALTM INS PAYABLE LIFE INS. DED -PAYABLE-. AND- DENTAL INS PAYABLE AND CONTRIBUTIONS•INSURANCE X01831 96 NH S TATE TREASURER -MV LICENSE FEES PAYABLE Im . .&MrE 19f ;STATE Dft FEES _'AYABLE__ _. 001033 79000 RAMSEY CO CLERK OF DIST CNTY 0/L FEES FAYABLE 001334 2, 655. ?s MINN STATE TREASURER MV LICENSE FEES PAYABLE -- mirl im STET Tit Aae arm STA T -D/jL EES_._PA.YA BLE_- - -- 001036 500 00 EMS MGM CONFERENCE TRAVEL f TRAIV ING 481937 4o8.. Dpi CHAN14ASSEN DINNER THEATR FEES, SERVICE Ga1S Get -A -Way 001039 120.00 UNIVERSITY OF MINNESOTA TRAVEL + TRAINING t 9 01848 9.5 SCHOLASTIC cO1CM SUBSCRIPTIONS MEMBERSHIP any .ssate Sn kPI E, A_ t ISSN Ff:ESS.ERnC.E 001042 3.173.50 MINN STATE TREASURER all Softball MV LICENSE FEES PAYABLE 80il3 A* 216.00 L 96 N1#JN STATE TREASURER at` - MINKSOTA IMF STATE D/L FEES PAYABLE - -- 001045 256.00 MINN STATE TREASURER aSupP s tFF7CF O.NR LICENSE FEES PBL g t x k<HINN STATE TREASURER DN R LENSE FEES PBL - - ozn OF wAPLcwOOm A o n n ow r S p ^ ' ^ u L E cm`, ^o-m+oc PA ` mEcx x M U r C o z w ^ w `n o R o s, uou'wr m`on Govr TRAINING uenvzCE n,xvsL ~ nmzwz^G VD1041-I-REASURER- _ __STATE D/I FEES m,^aLs oo^n*"39808.55 MINN srms rnc^summ mm Lzcemp psss "^,^aLc om 105 0 314.18 ICMA RETIREMENT CORP ---- ' --- usreRRED COMP p^,^oLc 001050.mTATE/RETIREMENm,m DEFERRED COMP PAYABLE 001050 99.9*zmm RETIREMENT CORP ocrcm,so oJ^cmmrzou 001051 159282e68 wmowmm STATE SAW rco INCOME mx PAYABLE omrc xNCams mx "»'^oLs no^o,^285.93 rsonc LOCAL e,e UNzrl-'m ouEs "m^aL~ wo`mxn SHARE 'scs p^'^,uc oo^m`s e,.00 wsnvu nupmnvzomY ASSOC vwzoN DUES pm^yLE oo^mm zn'.on n^ wumm` urs INS CO oErsm,En oomF p^,AaLs ou1u,r ...u,z,.ou moz wmzow zso P^'«aLc 001058 145.00 mooswxn, x^ws w^us onnuc,zoNs "^,^euE 001059 608* 50 ww `cv's`ens LOCAL nzo mxzoN Dues `^,^aL- uo^m`, '____zxco-__-__-conr°zmurzOm^,zwsu°^`07 001061 414.32 CONN GENERAL upc zwm CO x,n - zwu umrzwu^mnc mNn-CONmzmnzo°s,,msuRxuoc oo 1509*89.17 wcocSm»"n cxpcwozTm,su szmoc mo, comozL Mcr`zNo CITY OF MAPLEWOOD A C C 0 U N T SP A Y A 8 L E DATE 10 -25 -82 RAG} 4 CHECK*A M 0 U N T C L A I M A N T P U R 0 0 S E 014527 SMALL TOOLS39.01 ACE HARDWARE a 14 -SZE-IFA7- 7A ACRD - 81RN . SD Ian 014529 33.00 AFU SERVICE REP. + MAINT., VEHICLES 014530 99.97 AMERICAN TOOL SUPPLY CC SMALL TOOLS 1!14391_175, U A 1lR _SSs" - _-- - -__SUBS +4 014532 319.57 ADUAZYME MIDWEST FEES, SERVICE Chemical Toilets 014533.128.90 ARNALS AUTO SERVICE REP. + TAINT., VEHICLES 2. 50 ARR0L_1IP?_ N_ E _fARTS . CT _____.._._.._.SUPPLIES9 JANI TC RIAL 014535 44.46 BATTERY + TIRE MHSE INC SUPPLIES, VEHICLE 014535 79088 BIG A AUTO PARTS SUPPLIES, VEHICLE OUTSIDE ENGI?;EERI'vu FEES 014538 172.20 BOARD CF MATER COMM UTILITIES 014539 12078 BILL BOYER FORD - - -SUPPLIES, VEHICLE OTHER 014541 14000 AYA BURKE R E F U N D 014542 90.52 CALLAHAN STEEL SUPPLY —MAINTENANCE mATERIALS 01454 ,3 --73,50 __-_.CAFI __TS3L- SUPPLIt_Ii0____.-- -._ - -- ___.- _ __.MAI MATERIALS 0145.44 7.25 CAFITOL RUBBER STAMP CO SUPPLIES, OFFICE 014 =45 99.26 CAR X MUFFLER SHOPS -- - - - - --REP. + NAINT., VEHICLES GEN- T- UR.Y- .AUT.D.. -- __- . -__REP. t _MAINT,, VEHICLES 014547 19090 CHIPPEWA S CO FEES, SERVICE_ Water Cooler 014548 518.16 COLLINS ELECTRICAL CONTT REP. + tAIN7. EOUI N =VT AND -REP. MAI NT. , U TILT TY 014549 5000 KENNETH v COLLINS SUQCLIES. FRJGRA- e 14 - 55lI 220 OD C .0PY_..DllP1.I_CATIIiG ..PRO C ------ - - - -.- -- -_._..DUPLICATING. COSTS CITY OF rAPLEWOOD A C C 0 U N T S P A Y A B L E DATE 1.0 -25 -82 AGE 5 CHFCKs A M C U N T C L A I M A N T P U R P O S E 0 14 55 1 64. 12 COPY EQUIPMENT REP. + VAINT., EOUI PMENT AND- SUPFLIES, EQUIPMENT 014552 370.00 PAT OALEY FEES, SERVICE Plumbing Inspector t02.5D DIAMOND RACIA K RLp_. + MA.L1l -T_s9 VEHICLES 014554 1 EASTMAN KODAK CO DUPLICATING COSTS w 014555 8.60 ECONOMICS LABORATORY INC SUPPLIES, OFFICE INC, - -___ -- -__- --SU PP LI E S9 EQUI = M E ",' T 014557 742.0 GEOTECHNICAL ENG CORF LAND I4PROVEME.NT 014558 183.01 GOOD IN COMPANY MAINTENANCE MATERIALS 398 1 8 GOODYEAR Sf- RV TCE_ -=. _—SUP?.LSE;,....VEHICLP AND -REP. + MAINT., VEHICLES JANE`TGRE1L_ ^ -- -- - -- '-POSTAGE AND- SUPFLIES, PROGRAM AND -FEES, SERVICr Film Processing, 014561 335.00 G +K SERVICES UNIFORMS + CL:JTHI':G UNIFORMS f CLOTHING 014563 150.65 THE HARTFORD INS CO SUPPLIES, PRCGRAY 014564 165.00 HENNEPIN COUNTI CHIEFS —TRAVEL + TRAINING 014565 SUPPLIES: OFFICE 014566 306.00 J + J TROPHYS SPORTS SUPPLIES, PROGRAM 014567 _79.00 JOLLY TYME FAVORS SUPPLIES, PROGRAM A -19. 21____ JQLL YS - -SUPPLIES: .PROGRAM 014569 2.91 K -MART SUPPLIES, EQUIPMENT u014570 -94. fly KATH AUTO SUPPLY —CHEMICALS SMALL T COL S 014572 259.50 LAKE SANITATION FEES, SERVICE Rubbish . _Removal 014573 89.40 LEES AUTO SUPFLY SUPPLIES, VEHICLE CITY OF MAPLEWOOD A C C 0 U N T S P A Y A B L E RATE 10-25-82 PAGE 6 CHECK*A M C U N T C L A I M A N T P U R P O S E 014574 DUPLICATING COSTS138.00 LESLIE PAPER ---- __ - - - - -- si 57 131.117 -iD SUPPLIES VEHICLE 014 576 18. 77 MlACQUEEN EQUIFMENT INC SUPPLIES, VEHICLE 014577 7010 NAtjD!C PHOTO FEES, SERVICE Film Processing i . 91_1lAPLEMflII_ ... RE 1t ZED_P U B L I S H I N G 01457 1.344. 00 METRCPGLITAN INSPETION FEES, SERVICE Electrical Inspection0145801,207.98 MH DEPARTMENT PUBLIC RENTAL, EQUIPMENT ely5sl --10.I10_KINK _LA7- ?REASUR INSURANCE 014582 81916 MODERN TIRE CC SUPPLIES, VEHICLE 014583 4.03 RICHARD M M4OESCHTER --TRAVEL ; TRAINING 914.584 ___23 i. 42 -------Ii32Y!lDaII+iD...YSfM-------- . - - - --FEES* SERVICE Aug. Data Processing0145851, 006. 50 UNIC + PRIVATE SERVICE FEES9 SERJi ZCF Animal Control 014586 2:60 NATICNAL BUSINESS SYSTEM FEES, SERVICE Microfiche Processing01458719.25 CAROL NELSON SUPPLIES, EQUI =ME -, -T Af4g -TRA WEL + T RA I'.I NG 014588 1,419.04 CITY OF NORTH ST PAUL UTILITIES LNTEIL4ATIONAI_.: - -__ _ -- -_Sl3PFLIES VEHICLE 014590 1,11:.79 NORTHERN STATES POWER CO UTILITIES 014591 729.63 NORTHERN STATES POWER CO UTILITI ES 814. 592 _.__5s- 94x,.45 __.__]NOR-THERN-STATES .PDWER..CD. -- - - - - -- ._.. - --UTILITIES 014593 447093 NORTHERN STATES POWER CO UTILITIES 014594 19. V5 NORTHERN STATES POWER CO UTILITIES 4 .6.25 ---NJd-- SERV1C _E. STA1101t E. QUIP_..._.__..FEES* SERVICE Diesel Pump Repair014596871.02 NORTHWESTERN BELL TEL CO TELEPHONE 14597 900.30 NORTHWESTERN BELL TEL CO TELEPHONE CITY OF "APLEWOOD A C C 0 V N T S P A Y A 9 L E DATE 10-25-82 P A G L CHECK*A M 0 U N T C L A I M A N 7 P U R P 3 S E 014598 TELEPHONE125007NORTHWESTERNBELLTELCO 19 -A2 NORIEWESTERN-.-SEL.L. 1E1 LD TELEPHONE 014600 552.05 NORTHWESTERN BELL TEL CO TELEPHONE 014601 596.00 NORTHWESTERN BELL TEL CO TELEPHONE 2115a 4b______k.0RT_HWESTERX_BELL --TEL __CO TELEPHONE. 014E03 6.00 LAWERNE NUTESON TRAVEL + TRAI•,ING 0 14 IED 4 1,9049063 PALEN/KIMBALL CO REP* + FAINT., BLDG+GROS Z*175.10_-___..P_E_TERS"BE1L t__._CO3NVERSE FEES* SERVICE- Oct.Retainer Prosecutin Attorne 014E06 9e28 POLAR CHEV SUPPLIES, VEHICLE 014ED7 195.00 POWER BRAKE EQUIP CO SUPPLIES, VEHICLE TRAVEL + TRAINI114G 014E09 144*43 E K QUEHL CO SUPPLIES, PROGRAM 014EID 437*73 RADIC SNACK EQUIP4ENTj CTHER AND-REP. + MAINTev RADID 014E11 162*00 RAMSEY C3 CHIEFS JF POLI TRAVEL + TRAI^4I 0 --REPAIR SUPPLIAESs. VEHICLE 014E13 188073 ROAD RESCUE INC REP. + MAINT.9 VEHICLES 014E14 91.10 RUGGED RENTAL RUGS FEES, SERVICE, Ru Cleaned SUPPLIES# OFFICE AND- SUPPLIES, PROGRAM INC MAINTENA04CE MATERIALS 014E17 5Ee45 SEAMAN NJCLEAR CORP REP. + MAINT., EQUIFMENT 014618 144*97 SEARS ROEBUCK CO SMALL TCOLS 114 fi 9 PUBLISHING 014E20 1,530.00 ST PAUL RAMSEY HOSPITAL FEES, SERVICE-Share of Med. Dire ct-or. Salar Paramedic 0 14 EZi 35*69 TARGET STORES INC SUPPLIES, PROGRA!" Program A C C 0 U N T S P A Y A B L E DATE 10 -25 -82 DAG= 8CITYOFMAPLEhOOD CHECK*A M 0 U N T C L A I M A N T P U R P 0 S E TRAVEL + TRAINING01462229012DOUGTAUBMAN ig _ 7fii - 71 TIM 7 _K Y --- DUVALL. - - - --OUTSIDE J.NGINE ER I NG FEES ANC -FEES, CONSULTING 62 L 4. A&T RIA ARTS + CR A F.IS S -U.Pr lIES_s._ PBO G RA ^' 014625 14490 TWIN CITY HARDWARE CO MAINTENA+4CE MATERIALS 014E26 578.39 UNIFORMS UNLIMITED UNIFORMS + CLOTHI %G 81 9- 25..___BDBLRI F VOR JE ------...TRAVEL TRAINING 014628 9.92 WARNERS TRUEVALUE HDW SUPPLIES, PP.OGRAM AND- SUPPLIES, JANITORIAL AND- SUPPLIES, FQUIPME'vT AND - SUPPLIES, OFFICE 014 E2 9 399.96 WEBER ELECTRIC INC SU PPLI.ES, EQUIPMENT AND -REP. + MAINT., 8.10G +GRD. AND - BUILDING INFROVEMENT 014630 110082 NESTINGH3USE ELECTRIC SUPPLIES. JANITORIAL AN.D- SUPPLIES, OFFICE 014631 262.05 XEROX CORPORATION DUPLICATING COSTS 014632 24.25 ZEi- MFG CO SUPPLIES, JANITCRIAL JsiA GES.s P./T. + T E" P. 014634 50000 NANCY J SULLIVAN WAGES, P/T + TEM;. 014635 8.32 RICHARD ALLEN WARZEKA TRAVEL + TRAIt.ING 01.4 E3 b _ - --H__--__..__AAR T ANhF kADEP S.0N_ - - - - - - -- - - - -R F __ F _U N _D 014 E3 7 7.50 MARGE BILLSTEIN R E F U N D 014E38 45.00 SHIRLEY DERIDER R E F U N D E _f__11 N D 014640 100.00 HERMAN P JOHNSON DEPOSITS PAYABLE 014641 7.50 LENA JUELISH R E F U N D R E - - F--U..--N -D. . . 014643 15000 CYNTHIA MCMULLIN R£ F U N D CITY or ,^"Lcw000 o n u o o * r s " ^ ' ^ o c o^`c 10-25-82 "^a C HECK °o m n u w /o L x z * x w r p o nx^mw nsrowoooOELORWzs asFu_No 0 14 E46 12.00 uwo» pnzssc n s r u w o 014647 as 00 vcwc' PETERSEN n s r u w u u14,fi48 ___ou______n s r ow n oma^s o.00 c,~^,o» sowow^uHER m c r o w o oowoso Tacosm*a c r o m n n c p u w o 014E52 12. 00 x^`xuscw w000 n c r u w o ' 014653 12. 00 MAE WALDE N mcpuwo n c r u w o o^^e,s r.00 ELLEN DEMum o"rvwo 014 6.00 PATRICI wuraom n s , u w o anr_z.uu xwzomsmm, _______ _m c p v w o vw,su r.no ommm MEYER R E r u w o 014659 7. co JANE OaIKEEFE acrowo u*mur.uu—_*ANux_aUPon/uux'____—_ -n c r o w o 0 14 ,6 1 8.00 w^nouo nomamo E r u w o 014662 7100 JANET SAmcm n E r u w o nsruwv o^*m`^o.nu vwz-usu pvn pIpc ^snx aOOKs__ 014665 41*25 ADVANCE TRANSFORTATICN cp. ~ wuw,., Eouz"rEvr 214-666'.u _LP.jlSmLUMB REP. ~ mmxT." u`zu`' omer 20* 00 uLExwzws mom u,o *^nnzo ouoscmz=`'Qws^mc°nrvs*z= 141 159-p613- 16 mEo,m xnzr,m~ f CITY OF NAPLEMOOD REPORT PAGE iPATR3LL CERTIFICATION REGISTER CHECK DATE 10-08-82 CHECK -GROSS PAY - - --NET PAYAWE 05405 BE - -- -- - - --LOIS _ _ -586.62 607044 ._.._ 05406 EVANS BARRY R 1.817.54 U211.86 5407 -PELO4UIN ALFRED 747023 -191.34 05408 SCHLEICHER JOHN F 188.38 108038 0 54 09 000E LARRY J 191.54 145.44 5410 -----DbHERTY -- - - - - --KATHLEEN H---505.00 --217.56 85411 ZUERCHER JOHN L 115039 115.13 05412 FAUST DANIEL F 1.446.46 950.53 0000.._.- ARLIN£a --888.092 - - - -410.15 85414 NATHETS LAMA K 677.54 459.85 05415 VIGOREN DELORES A 586.62 348051 05416 _AURELILIS - -- -LUCILLE --E -is 350.45 - - - --571.94 - -- -- - -- 05417 SELVOG BETTY 0 711023 463965 05418 GREEN PHYLLIS C 852.27 585.80 05419 VIETOR ----- - - - - -- -LORRA ENE 561.69 356.03 05420 HENSLEY PATRICIA A 238080 182.02 05421 KELSEY CONNIE L 295.93 263.56 05422 S'TOTTLEMYER - --EDITH __._----------152000 152.00 05423 BASTYR DEBORAH A 532.16 259.64 05424 COLLINS KENNETH Y 1.504.62 215.97 05425 NAGEN - - -- - - --THOMAS -1, 4240 31 - - -324. 08 . 9542b ONA JOY E 553.39 300096._ .._ 05427 RICHIE CAROL L 501.23 38T0T3 05428 SYENDSEw JOANNE- IS429 ARNOLD DAVID L 1,182.92 429.75 I -- CITY OF MAPLE N000 PAYROLL REPORT PAGE 2 CERTIFICATION REGISTER CHECK DATE 10 -08 -82 CHECK -NAME - -------SROSS PAY... - -NET - - -PAY ATCMIS.t3N -dOHti __ - -1. 036.15 676.25 _ 05431 BOWMAN RICK A 629.54 423.45 05432 C9NANES ANTHONY - -6 1. 216.15 - - - - --135.69 05433 GLAUSON _DALE K 1.036.15 146.33 05434 DREGER RICHARD C 1, 212.00 702.52 NORMAN.. - __..L -1,207.33 648094 95436 MALWEG KEVIN R i, 981.61 536.09 05437 HEINZ STEPHEN J 822.98 513.57 a 5436 -HERBERT- ----if! CHAEL. - - -J 1.016.77 - - - -573.72 - - 95439 JAQUITH DANIEL R 837.38 503.17 05440 KORTUS DONALD V 203936 142.38 05441 LANG'_RICHARD J 1, 056.00 --522.42 05442 MCNULTY JOHN J 1.229.55 200034 05443 MEEHAN,JR JAMES E 997.38 492.74 05444 METTLER DANIEL . _...8 1.036.61 666.16 _ 4 5445 HOESCHTER RICHARD M 110 016.77 127.59 05446 MORELLI RAYMOND J 1.016.77 671.18 05447 PELTIER - --NILIIAM 1,163.08 654.04 05448 SKALHAN DONALD M 1.016.77 142.19 05449 STAFNE GREGORY L 1 608.43 05450 STILL - - - --VERNON - -j 997.38 -562.82 95451 STOCKTON DARRELL T 997.36 641.51 05452 ZAPPA JOSEPH A 1, 208.77 693.46 05453 CICER RONALD - - -0 1.081.12 261.46 15454 GRAF DAVID N 1 507.17 CITY OF MAPLEWCOD PAYROLL REPORT PAGE 3 CERTIFICATION REGISTER CHECK DATE 10 -08 -82 CHECK BANE ROSS PAY I54S5 LE ROGER M 19104.00 b25.53 05456 MELANOER JON A 1 35031 8 5457 NELSON CAROL N 1.161.20 862.97 05458 RAYSKAtOFF DALE E 1 187.37 05459 RYAN MICHAEL P 1,131.9b 500.60 05460 Y4RWERK .__ --ROBERT E i 299.83 05461 YOUNGREN JAMES 6 i, ®55.19 624.36 05462 EMBERTSON JAMES M 944.31 627.59 05463 SCHAOT LFREU - --19121.54 - . - - -- 05464 FLAUGHER JAYME L 687.07 450079 85465 FULLER JAMES 0 571994 409074 05466 NELSON y - - - - --A.AREN-____-A 645.23 486o46 - - - 05467 NELSON ROBERT D 19231.68 658.81 05468 RABINE JANET L 549.69 377098 05469 WILLIAMS DUANE --J i, 055.54 461.21 - ... ... . 05470 9ARTA MARIE L 520968 342.73 05471 HAIDER KENNETH G 1, 391.08 230.04 85472 MEGWERTH _ - --JUDITN -A 526.93 374.10. _ 05473 CASS WILLIAM C 19157008 571.33 05474 FREBERG RONALD L 824.00 476.34 824988 524..s5 - - - 5476 HOCHBAN JOSEPH H 24000 538.45 05477 KANE MICHAEL R 824.00 376.94 0 54 76 KLAUSIN6 - - -HENRY- . - - - - --F 830.30 -444.66 -- 5479 METER GERALD W 624000 439.58 q CITY OF MAPLEWOOD PAYROLL REPORT PAGE it CERTIFICATION REGISTER CHECK DATE 10 -08 -82 CHECK NAME GROSS PAY NET PAY 05480 PRETTNER. - -_ _ -JOSEPH - .__B 1.088.00 -704067_ 05481 REINERT EDWARD A 824.00 529068 05482 TEVLIN,JR HARRY J 654. - -541,.32 05463 ELIAS JAMES G 981.69 608.96 05484 GEISSLER WALTER M 935.08 569.52 05485 GESSELE JAMES T 893054 600.46 85486 PECK DENNIS L 981.69 485015 05487 PILLATZKE DAVID 1 1.157.08 796.63 5488 IUTZ 0 #YID P 562.62 384.69 05489 BREHEIM ROGER N 718629 452.81 05490 EDSON DAVID 8 840.00 56Q.i2 05491 MULWEE _GEORGE N 6510 523095 85492 NADEAU EDWARD A 687082 602071 05493 NUTESON LAVERNE S 1. 190.00 608.57 05494 OWEN GERALD 645.04 S83.62 05495 MACDONALD JOHN E 908080 469.45 05496 MULVANEY DENNIS M 878.40 559.94 IS497 BRENNER LOIS - -- - - --677954 -485.97 85498 KRUMMEL BARBARA A 270.40 126.98 05499 ODEGARD ROBERT D 1, 364.77 846.60 05500 STAPLES ------- - - - - - --AAULI NE -M - --is 056.92 _- - -684.50 05501 BAUER ALAN H 340000 280049 05502 BURKE MYLES R 824.00 451.52 95503 --GERMAN! - -- --t1AilID - -__A 824,Bfl - - - -- 05504 GRATTON RICHARD 0 68.00 66.00 CITY OF MAPLEWOOD PAYROLL REPORT PAGE 5 CERTIFICATION REGISTER CHECK DATE 10-08-82 GROSS PAY 1 $998*'21 623o31 05506 NAGG MATTHEW J 160000 160000 4 551.44 LEMON JEFFREY S 116089 116*80 05509 MARUSKA MARK A 629.04 542*43 85510 NILES TIMOTHY i 327o25 279.26 8551L RASCHKE ALBERT F 100*45 89070 95512 SANTA REED E 834*88 484e57 95513 sPAkNi3k_Ut*___MARTIN 269*58 269086 I5514 WARZEKA...RICHARD A 68.20 68*20 05515 SPANNSAUER KATHLEEN G 25.00 23.55 95516 TAUBMAN .--bOUGL At ---j 804, io 509*50 WARD ROY G 328062 253*25 05518 GREW JANET M 664992 446o 14 15519 SOUTTER CHRISTINE 684a 92 46T46T.59 0 5520 CHLEBECK JUDY M 711*23 300o63 05521 OLSON GEOFFREY W 1, 340.31 623*00 9522 EK STR A N D TH 0 MA S G a I a1.28 545.62 5523 JOHNSON RANDALL L 925.46 584*75 05524 OSTROM MARJORIE 1,133.54 716*30 WENGER-4950 CHECK REGISTER TOTALS 100o 434.37 5410185091 05404 W James N.76.47 71.35 CHECK REGISTER TOTALS 100 543,257.26 L ,r RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1982 General Election, Tuesday, November 2, 1982: Precinct No. 1 Precinct No. 7 Ac Eleanor Mathews, Chairman Myrtle Malm, Chairman Lorraine Schneider Marilyn Cunningham Maryls Hartman Wyman Ha eman.SMikeWasilukJudyWidholm Precinct No. 2 Precinct No. 0 8 Pat Thompson, Chairman Jean Myers, Chairman Evelyn Axdahl Lorraine Fischer Amy Schadt = Rita Frederickson Bea Hendricks Edith Stott leme erY Precinct No. 3 Precinct No. 9 Barb Leiter, Chairman Ida SZcze panski, ChairmanCharlotteWasilukMaryJohnson Lynette Leonard Dolores Mallet Betty Emerson Betty Berglund Precinct No. 4 Precinct No. 10 Caroline Warner, Chairman Anne Fosbur 8 h, Chairman Joyce Lipinski Mary Lou Lieder Mar j -ory - T-oo -1ey - _ _ _ _Dorothy Arbore Elsie Wiegert Pat Werden Precinct No. 5 Precinc No. 11 Jeanne Ha f ne r , Chairman Emma Klebe Si.bbie Sandquist Phyllis Erickson Precinct No. 6 Kathy Supan, Chairman Linda Prigge Joanne Houghton Joyce Schmidt Dolores Lofgren, Chairman Maxine Olson Shirley Luttrell Margaret McDonald Precinct No. 12 Mary Libhardt, Chairman Deloris Fastner Mildred Dehn Audrey Duellman jJ .:... , Dear Lu: Enclosed in connection with the above- referenced matter is a copy of the Final Note Resolution to be adopted by the City of Maplewood on October 25, 19 8 2 . I will be forwarding to you prior to that day the final copies of the following documents: 1. Note Resolution 2. Loan Agreement 3, Pledge Agreement 4. Construction Loan Agreement 5. Combination Mortgage, Security Agreement and Fixture Financing Statement 6. Assignment of Rents and Leases 7. Guaranty If you have any questions, please do not hesitate to contact me. Very truly yours, Mary L. Ippel MLI /jlg Enclosure r c, LAW OFFICE S i tr BRIGGS AND MORGAN CHARLES W BRIGGS (1887 ' -1978)MARH R. MILLER JmnmEY F. SHAWJ. NEIL MORTON COLD OEHLER P$OFESSIONAL ASSOCIATION Ddvm G. Gimmwa A. Lummcz Davis DAVI B. SAN BETTY L. HumFRANKHAMOND LE J. KEYE CHARLES R. HAYNO B. C. HART 2800 FIRST NATIONAL BANK BUILDING Rocco J. MAFFE JR. ANDREA M. BONDJOINM. SULLIVAN BERNARD P FRIEL MARTIN H. FISH BURT E.SAINT PAUL, MINNESOTA 55101 `=JOHN Bumxs ROBERT L. DavisSwAxsoxM. J. ALVIDT, JB.G DAvi C. FORsaxaG 0"Wo RICHARD H. MARTIN TRUDY H. SCHROERJOHNJ. M GERALD H. SwAssox MARY L.1"ZL MCNEIL V. SaYXOUX,JR-2452 x'D S CENTER.DAVI J. ALLEN ROBYN L. HANSENTERENCEN. DoYLE RICHARD H.KYLE MINNEbPOLIS MINNESOTA 55902 - WII,I.IAI[ J. JOANIs MARGARET K. SAvAozJONATHANH. MORG" JOHN L.DEVNEY JEANx M. FoaxEHis R. L. SORENsox PETER H. SEED 612) 291 -1215 BRIAN G. BELISLE TONY R. STEMBER PHILIP L. BauxsR MARY SCHAFFNEH EvixGBH MICHAEL H. STREATERSAMUELL. HAPsox RONALD H. ORCSARD JOHN R. Xxxx iCH T f October 19 1982 ActZ Qrl b jMr :..:::, • STEVEN T. EL LvEBso RICHARD D. ANDERSON SALLY A. SCOGGIxJOHNR. FiammAN JAMES F. CHBISTOFFELDAVIDJ. SPENCER DANIEL J. COL$, J8. PETER W SiPHINS End - or s, ^; _,...._. . BARBARA JEAN D'AovILA DAVID C. McDoxAM DOUGLAS L. SzoR BRUCE W. MooTY ViHalxLS A. DwYERMICBAEL .H. JEHONIICUS w TRUDY R. GASTEAZOHO R. SCOTT DAVi S ELIZABETH J. AND88WS JAMES W. LtTTLSFIBLD JOHN B. VAN DE NORTH, JR.iC } "' - - PETER C. HALLS CgwR -ms B. ROGERSSTEVENZ. KAPLSN BIcHASD G. MASS.n - c] - _ - -OF COUNSEL A"REw C. BEcxsH JEROME A. GELS v RIcHAaD E. KYLE SAMUEL H. MORGAN STEvE A. BRAND FRANH N. GRAHAM MARX W. WESTRA ALAN H. MACLrN REPLY TO Saint Paul Ms. Lucille Aurelius City Clerk 1380 Frost Avenue Maplewood, Minnesota 55109. Re: City of Maplewood - $421,000 Commercial Development Revenue Note of 1982 Woodring Co. Project) Dear Lu: Enclosed in connection with the above- referenced matter is a copy of the Final Note Resolution to be adopted by the City of Maplewood on October 25, 19 8 2 . I will be forwarding to you prior to that day the final copies of the following documents: 1. Note Resolution 2. Loan Agreement 3, Pledge Agreement 4. Construction Loan Agreement 5. Combination Mortgage, Security Agreement and Fixture Financing Statement 6. Assignment of Rents and Leases 7. Guaranty If you have any questions, please do not hesitate to contact me. Very truly yours, Mary L. Ippel MLI /jlg Enclosure FINAL NOTE RESOLUTION CITY OF MAPLEWOOD 421,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1982 WOODRING CO. PROJECT) Adopted: October 1 1982 The cover sheet and this table of contents are not apart of the attached Resolution, but are included by Bond Counsel for convenience only.) TABLE OF - CONTENTS Page ARTICLE ONE DEFINITIONS,LEGAL -AUTHORIZATION ANDFINDINGS 1 Section 1 -1.Definitions ...................*o 1 Section 1-2.Legal Authorizet ion ..............3 Section 1-3.Findings .........................3 Section 1 -4.Authorization and Ratification of Project .......................5 ARTICLE TWO NOTE 6 Section 2 -1.Authorized Amount and Form ofNote . . . . . . . . . . . . . . . . . 1 . . . . . . . .6 Section 2 -2.The Note. ...- . . . . . . . . . . . . .. . . . . . . . .15 Section 2 -3.Execution ........................15 Section-2 -4.Delivery of Note..,..... . 00 ** 0000 15 Section 2-5.Deposition of Note Proceeds. 0 0 0 0 .16 Section 2 -6.Registration 'of Transfer.........16 Section 2-70 Mutilated, Lost or Destroyed Note . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Section 2 -8.Ownership of Note ................17 Section 2-9.Limitation on Note Transfers.....17 Section 2-100 I ssuanc eof New Notes . • ..........17 ARTICLE 'THREE - PREPAYMENT OF NOTE BEFORE MATURITY...18 Section 3 -1.Prepayment.'...............18 ARTICLE FOUR GENERAL COVENANTS • . . . . 0,* . . . . . . . . . . . . . .19 Section 4 -1.Payment of Principal and Interest ...: ......................19 Section 4 -2.Performance of and Authority for Covenants....................19 Section 4-3.Performance of Covenants.........19 Section 4 -40 Nature of Security...............20 ARTICLE FIVE MISCELLANEOUS .. 0 0 0 0 000.0........ 0 0 0 0 ..21 Section 5-10 Severability .....................21 Section 5 -2 .Authentication of Transcript.....21 Section 5 -3 y.Registration of Resolution.......21 Section 5-4.Authoriz at ion to Execute Agreements................21 SIGNATURES ............22 NOTE RESOLUTION RESOLVED by the City Council of the City of Maplewood, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS Definitions The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assi nment of Rents and Leases the agreement to be executed by the Borrower assigning all the rents, issues, profits and leases derived from - the Project to the Lender to secure the repayment of the Note and interest thereon; Bond the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, or any other firm of nationally recognized bond counsel, and any opinion of Bond Counsel shall be a written opinion signed by such Bond Counsel; Borrower Woodring Co,, a Minnesota general partnership, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City: the City of Maplewood, Minnesota, its successors and assigns; Code: the Internal Revenue Code of 1954, as amended; Construction Fund the fund established by the City pursuant to this Resolution and into the Proceeds Account of the Construction Fund the proceeds of the Note will be deposited; t gConstructionLoanAgreement: the agreement to be executed by the City, the Borrowerrrower and the Lender, relating to the di s- paymentbursementand of Project Costs for the acquisition, construction and installation of the Project; Government Yield. yieldield on U . S . Treasury securities as published by the Federal Reserve Bank of New York) having a maturityit date closest to the final maturity date of the Note* Guarantor collectively Richard Se Schreier and Patricia A. Schreier; collectively, , the guaranties of the payment of , Guaranty ,y um if an , and 9amon other things, the principal of, premi y interest on the Note to be executed by the Guarantor as of the date of this Agreement; Improveme the structures and other improvements, including any gtangible personal property, to be constructed or yinstalledb the Borrower on the Land in accordance with the Plans and Specifications; Land: the real property and any other easements and rights described in Exhibit A attached to the Loan Agreement; Lender: First National Bank of Minneapolis, in Minneapolis, Minnesota, its successors and assigns; Loan Agreement: the agreement to be executed by the City and the Borrower, p 9rovidin for the issuance of the Note and the loann of the proceeds thereof to the Borrower, including any supplements thereto made in accordance with its amendments or provisions; nation Mort gagerMortgagetheCombse, Security Agreementgg and Fixture Financing Statement between the Borrower as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon including any mortgage supplemental thereto entered into in accordance with the provis ions thereof; Note the $ 421 000 Commercial Development Revenue Note of 1982 (Woodring cityCooProject) to be issued_ by the y p ursuant to this Resolution; Noteto Re ister: the records kept by the City Clerk to provide for the registration of transfer of ownership of the Note; 2 Plans and Specifications the plans and specifications for the construction and installation of the Improvements on the Land, which are approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and are approved by the Lender; Pledge Agreement the agreement to be executed by the City and the Lender pledging and assigning the Loan Agreement It to the Lender; Principal Balance so much of the principal sum on the Note as remains unpaid at any time; Project the Land and Improvements as they may at any time exist Project Costs the total of all "Construction Costs" and Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Resolution this Resolution of the City adopted October 1982, authorizing the issuance of the Note, together with any supplement or amendment thereto; Title: the Title Insurance Company of Minnesota* All references in this instrument to designated Articles, " "Sections" and other subdivisions are to the desig- nated Articles, Sections and subdivisions of this resolution. as originally adopted,. The words "herein, " "hereof" and "hereund- er" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivis- ion . 1 -2 . Legal Authorization The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Findings The City Council has heretofore determined, and does hereby determine, as follows: L 1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; 3 2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and the execution of the Loan-Agreement, the Pledge Agreement, the Note and the Construction Loan Agreement, which documents specify certain terms and conditions of the acquisition and financing the Project; 3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the pub- lic welfare by: the promotion of tourism in the state, the attract encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of revenue -- producing enterprises to use the available resources of the community, in order to retain the benefit of the community ' s existing investment in educational and public service facilities; the halting of the movement of talented, educated personnel of all ages to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facil- ities; the provision of accessible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the increase in the amount and cost of governmental services, including educational services for the school district serving the community in which the Project is situated; 4) the amount estimated to be necessary to partially finance. the Project Costs, including the costs and estimated costs permitted by Section 474.05 of the Act, will require the issuance of the Note in the aggregate principal amount of 421,000 as hereinafter provided; 5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the Project; 6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not consti- tute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City are . pledged for the payment of the Note or interest thereon; and 4 7) the Note is an industrial development bond within the meaning of Section 103 (b) of the Code and is to be issued within the exemption provided under subparagraph (D) of Section 103 (b) (6) of the Code with respect to an issue of $10,000,-000 or less; provided that nothing herein shall prevent the City f ram hereafter qualifying the Note under a different exemption i f, and to the extent, such. exemption is permitted by law and consistent with the objects and purposes of the Project. 1-4. Authorization Ratification of ' Project The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of Section 474-03(7) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide for the acquisition, construction and installation of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisi- tion of municipal facilities; and the City hereby ratifies affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Specifications. 5 ARTICLE Two NOTE 2 -1. Authorized Amount and Form of Note The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropri- ate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof ; and the total principal amount of the Note that . may be outstanding hereunder is expressly limited to 421, 000 unless a duplicate Nate is issued pursuant to Section 2 -6. The Note shall be in substantially the following form: 0 UNITED STATES OF AMERICA STATE OF M I NNE S OTA COUNTY OF RAM S EY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1982 Woodring Co. Project) 421,000 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota (the "City ") , hereby promises . to pay to the order of First National Bank of Minneapolis (the "Lender ") , its successors or registered assigns (the Lender and any such successor or registered assignee being also sometimes hereinafter referred to as the "Holder ") , from the source and in the manner hereinafter provided, the principal sum of FOUR HUNDRED AND TWENTY ONE THOUSAND DOLLARS ($421,000) or so much thereof as remains unpaid from time to time (the "Principal Balance") , with interest thereon at the rate specified in paragraph. 1(a) hereof (the "Tax Exempt Rate ") or at such higher rate as provided in paragraph 1(b) hereof (the "Taxable Rate"), in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. (a) From and after the date hereof through and including the first day of the 120th month (the "Final Maturity Date ") following October 1982, interest only shall be paid at the rate of $ per annum. Interest shall accrue frcm the date hereof and shall be payable on the first day of the calendar month next succeeding the date hereof and on the first day of each and every month thereafter through and including the Final Maturity Date with a final payment of the entire principal balance and all accrued interest to be payable on the Final Maturity Date. b)(i) In the event that the interest on this Note shall become subject to federal income taxation pursuant to a Determination. of Taxability (as hereinafter defined) , the interest rate on this Note shall be increased, retroactively effective from and after the Date of Taxability (as hereinafter defined) to % per annum (the "Taxable Rate ") . The City shall immediately upon demand pay to the Holder and to each 7 prior Holder affected by such Determination of Taxability an amount equal to the amount by which the interest accrued retroactively at such increased rate from the Date of Taxability to the date of payment exceeds the amount of interest actually accrued and paid to the Holder and any such prior Holder during said period. (Such obligation of the City shall survive the payment in full of the principal amount of this Note) . Commencing on the first day of the month next following the date of payment of such additional interest and continuing on the first day of each month thereafter (unless the Holder shall accelerate the maturity of the Note pursuant to clause (ii) of this paragraph (b)), the monthly payments of interest only hereunder shall be increased to reflect the accrual of interest at the Taxable Rate. ii) Upon a Determination of Taxability, the Holder or the Borrower may upon thirty days notice (30) declare the entire Principal Balance of this Note together with accrued interest thereon at such retroactively increased Taxable Rate to be immediately due and payable, plus the prepayment premium, calculated in accordance with paragraph 7 hereof* The Holder shall give notice, as soon as practicable, to the Borrower of any Notice of Taxability, as hereinafter defined, received by the Holder and permit the Borrower to contest, litigate or appeal the same at its sole expense; provided that any such contest, litigation or appeal is, in the reasonable opinion of the Holder, being undertaken and carried forward in . good faith, diligently and with reason- able dispatch. In the event any such contest, litigation or appeal is undertaken, the increased interest provided in paragraph (b)(i) shall, nevertheless, be payable to the Holder and shall be held by the Holder in escrow (without paying interest thereon) pending final disposition of such contest, litigation or appeal, provided that the Borrower shall indemnify and hold harmless the Holder and each prior Holder from any and all penalties, interest or other liabilities which they may incur on account of such contest, litigation or appeal. iv) The terms "Determination of Taxability, " Date of Taxability" and "Notice of Taxability" shall have the meanings ascribed to such terms in the Loan Agreement, dated the date hereof (the "Loan Agreement'') , between the City and Woodring Co. (the "Borrower ") . a 2. In any event, the payments hereunder shall be sufficient to aY all principal and interest due, as such P principalal and interest becomes due, and to pay any premium or Ypenalty,at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360 day year, but charged for the actual number of days elapsed. 3. P shall be payable at the principal office of the Lender, or at such other place as the Holder may designate in writing* 4. This Note is issued by the city to provide funds as defined in Section 474.02, Subdivision la, for a Project, . Minnesota Statu gtesconsisti of the acquisition, construction and equipping of a restaurant facility, to be leased to a • Estebans Mexican Foods, Inc., p ursuant to the Loan Agreement, and this Note is further issued pursuant to and in full com pliance with the Constitution and laws of the State of Minneso ta, particula PCh 474, Minnesota Statutes, and pursuant to a resolution of the City Council duly adopted on October 1982 (the "Resolution . 5 This Note is secured by a Pledge Agreement of to herewith bevenda . Security Y the City to the Lender (the "Pledge a Combination Mortgage, Sey Agreement and Agreement"), ' th between the Fixture Financing Statement, of even date herewith s mortgagor,"ort a or," and the Lender as mortgagee (the aBorrower g g Mortgage") by an Assignment of Rents and Leases, of even date herewith from the Borrower, to the Lender (the "Assignment of . Rents and Leases"). and a Guaranty from Richard J.Schreier and Guaranty").. The proceeds of Patricia A. Schreier to the Lender (collectively, the this Note shall be placed in the Proceeds Account of the Construction Fund Agreement hereinafter referred to) and disbursement of the proceeds of this Note from the Construction Fund is subject to the terms and conditions of a Construction Loan Agreement of even date herewith among the Lender, the City and the Borrower (the Construction Loan Agreement")* Th e Borrower may, at its option,, prepay the 6 ( Principal Balance in whole or in part in increments of $100,000 on the first day of any month upon at least 30 days advance written notice to the Holder (or such lesser period of notice y PPastheHoldermayapprove) and upon payment of an amount equal. amount being prepaid, plus accrued interest to the principal n, g hereon to the date prepayment, to of ent, plus the prepayment premiumP i calculated in accordance with paragraph 7 her eof . This Note s 01 also subject to mandatory prepayment in whole or in part pursuant to Section 3.1 of the Construction Loan Agreement in the amount of any sums remaining in the Proceeds Account of the Construction Fund at the Completion Date (as such terms are defined in the Construction Loan Agreement) , in which event a prepayment premium shall also be payable in accordance with paragraph 7 hereof* Upon the occurrence of certain "Events of Default" under the Construction Loan Agreement, the Loan Agreement and /or under the Mortgage, and as provided in paragraph 11 hereof, the Holder may declare . the Principal Balance and accrued interest on this Note to be immediately due and payable (any such action and any similar action pursuant to paragraph 1 (b) (ii) hereof being hereinafter referred to as an acceleration" of this Note) , in which event a prepayment premium shall also be payable in accordance with paragraph 7 hereof. I b) Upon the occurrence of certain events of damage, destruction or condemnation, the Holder may, as provided in the Mortgage, apply the net proceeds of any insurance or condemnation award to the prepayment, in whole or in part, of the Principal Balance in which event a prepayment premium may be payable in accordance with paragraph 8 hereof. 7. If at the time of any prepayment or acceleration of this Note, occurring prior to October 1, 1992 the yield on U.S. Treasury securities (as published by the Federal Reserve Bank of New York) having a maturity date closest to October 1, 1992 (the "Government Yield ") , as determined by the Holder as of the date of prepayment or acceleration, is less than the Borrower shall pay a premium calculated as follows: (a) the amount of principal so prepaid shall be multiplied by (i) the amount by which % exceeds the Government Yield as of the date of prepayment or acceleration, times (ii) a fraction, the numerator of which is the number of days remain- ing to October 1, 1992 and the denominator of which is 360, (b) the resulting product shall then be divided by the number of whole months then remaining to October 1, 1992 yielding a quotient (the "Quotient ") , (c) the amount of the prepayment premium payable under this paragraph shall be the present value on the date of prepayment or acceleration (using the Government Yield as of the date of prepayment or acceleration as the discount factor) of a stream of equal monthly payments in number equal to the. number of whole months remaining to October 1, 1992, with the amount of each such hypothetical monthly payment equal to the Quotient and with the first payment payable on the date of prepayment or acceleration. 10 8. Notwithstanding the foregoing, no such prepayment premium shall be payable with respect to a prepayment made at the option of the Holder pursuant to Article Five of the Mortgage or Section 5.02 of the Loan Agreement, unless an Event of Default had occurred under the Loan Agreement, Construction Loan Agreement or the Mortgage ,, and remains uncured at the time such prepayment is made. 9. The payments due under paragraph 1 hereof shall continue to be due and payable in full until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transfer- able upon the books of the City at the office of the City Clerk by the Holder in person or by his agent duly authorized in writ- ing, at the Holder's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk duly executed by the Holder or his duly authorized agent. Upon such transfer the City Clerk will note the date of regis- tration and the name and address of the new registered Holder in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Holder or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 11. This Note and interest hereon and hereunder are payable solely from the revenues under the Loan Agreement pledged to the pursuant to the Pledge Agreement, excep otherwise be payable in accordance with Guaranty and the Assignment of Rents an constitute a debt of the City within th constitutional or statutory limitation, a charge ' upon any funds other than the pledged to the payment thereof, and do pecuniary liability of the City or, to law, of any of its officers, agents or of 'this Note shall ever have the right of the taxing power of the City to pay any premium due and proceeds payment thereof t as the s ame may the Mortgage, the d Leases, and do not e meaning of any are not payable from or revenues and proceeds not give rise to a the extent permitted by employees, and no holder to compel any exercise this Note ,. or the 11 interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a P Y charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to performPY or cause the Pe rformance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the. enforcement thereof 12. It is agreed that time is of the essence of this Note. If the City defaults in the payment when due of any installment of principal or interest or any premium or penalty due hereunder and if said default shall have continued for a period of ten (10) days, or if an Event of Default shall occur as set forth in the Mortgage, the Construction Loan Agreement gortheLoanAgreement, then the Holder shall have the right and option to declare the Principal Balance, and accrued interest thereon, together with the premium, if any, payable under paragraph 8 hereof, immediately due and payable but solely from 9 the sources specified in paragraph 11 hereof. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time, S .. 13. The remedies of the Holder, as provided herein and in the Mortgage, the Assignment of Rents and Leases, the Guaranty, 9theLoanAgreement and the Construction Loan Agreement,, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Holder, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof . 14. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder, and then only to the extent specifically set forth in the writing* A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 15. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a part ici- P ation interest in the Note be given pursuant to any participa- gtiona reement, except in accrdance with an applicable exemption from such registration requirements* 12 IT IS HERESY CERTIFIED AND RECITED that all condi- tions.. acts and things required to exist, happen and be perform - ed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law, IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor, City Clerk, and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated October 19820 CITY OF MAPLEWOOD, MINNESOTA Mayor ATTEST: City Clerk SEAL) 13 PROVISIONS AS TO REGISTRATION C& The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Maplewood, Minnesota, in the name of the holder last noted below. Date of Name and address Signature of City Registration Registered Owner - Clerk - - First National Bank of Minneapolis First Bank Place West October ,. 1982 Minneapolis. MN , 55480 -- _ r 1 14 2-2., The Note The Note shall, be dated as of the date of delivery and shall be payable at the times and in the manner; shall bear interest, at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2 -3 . , Execution The Note shall be - executed on behalf of the City by the signatures of its Mayor, City Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Clerk or such officers of the City as, in the opinion of. the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2--4. Delivery of - Note . The of fer of the Lender to purchase the Note upon the terms recited herein and in the Loan Agreement, at a price equal to the total principal amount of the Note, is found to be reasonable and advantageous to the City and is accepted.. Before delivery of the Note there shall be filed with the Lender the following items 1) an executed copy_ of each of the following documents: A) the Loan Agreement; B) the Pledge Agreement; C) the Mortgage; D) the Assignment of Rents and Leases; E) the Construction Loan Agreement; F) the Guaranty; and G) a cost certificate signed by the Borrower certifying the use of the proceeds of the Note. 15 2) an opinion of Counsel for the Borrower in scope and a substance satisfactory to Bond Counsel and Lender as to the authority of the Borrower to enter into the transaction and other related matters 3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; 4) such other documents and opinions as Bond . Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may require for the closing. 2 -5. Disposition of Note Proceeds There is hereby established with the Lender a Construction Fund to be held by the Title as a separate fund of the City as provided in the Construction Loan Agreement. Upon delivery of the Note, the proceeds of the Note shall be credited to the Proceeds Account of the Construction Fund held by the Lender on behalf of the City, at which time the entire principal amount of the Note shall be deemed advanced. The Lender and or the Title shall, on behalf of the City, disburse funds for the payment of Project Costs upon receipt of such supporting documentation as the Lender or the Title may deem reasonably necessary, including compliance with the provisions of the Construction Loan Agreement, The Lender, said Title, or the Borrower shall provide the City upon request, with a full accounting of all funds disbursed for Project Costs. 2-6. Registration - of Transfer The City will cause to be kept at the of f ice of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City ' shall provide for the registration of transfers of ownership of the Note. The Note shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrend- er of the Note together with a written instrument of transfer satisfactory to the City Clerk duly executed by the Lender or its duly authorized agent. Upon such transfer the City Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note* 16 2-7* Mutilated, Lost Destroyed Note In case any Note issued hereunder, shall become muti- lated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2 -8o ownership of Note The City may deem and treat the person in whose name the Note is last registered in the Note Register and by nota- tion on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or .interest and for other purposes whatsoever, and the City shall not be of fected by any notice to the contrary. 2-9. Limitation on Note ' Transfers . The. Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor. may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. 2.10 Issuance of New Notes Subject to the provisions of Section 2 -9, the City shall, at the request And expense of the Lender, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. 17 ARTICLE THREE PREPAYMENT OF NOTE BEFORE MATURITY 3 -1. Prepayment The Note may be prepaid in accordance with the provi- sions of the Note. W ARTICLE FOUR GENERAL COVENANTS 4-1. Payment of Principal and Interest * ' The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, fran the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Pledge Agreement, the Mortgage, the Construction Loan Agreement, the Guaranty and the Assignment of Rents and Leases, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement,, the Pledge Agreement, the Construction Loan Agreement, the Guaranty, the Mortgage and the Assignment of Rents and Leases; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 4-2. Performance of and Authority. Covenants s, The City covenants that it will faithfully perform at all times any and all of its covenants, undertakings, stipula- tions and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note and the Loan Agreement and Pledge. Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable obligation of the City according to the terms thereof. 4-3. Performance of Covenants The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and Construction Loan Agreement, and to perform all covenants and 19 v other provisions pertaining to the City contained in the Note, the Loan Agreement and the Construction Loan Agreement and subject to Section 4 -4. 4-4a. Nature - of Security . Notwithstanding anything contained in the Note, the Mortgage, the Assignment of Rents and Leases, the Loan Agree- ment, the Pledge Agreement or any other document referred to in Section 2 -4 to the contrary, under the provisions of the Act the Note may not be payable fram or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Pledge Agreement, the Mortgage, the Assignment of Rents and Leases, the Construction Loan Agreement, the Guaranty and the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform the covenants and other provisions contained in the. Note, the Loan Agreement, the Pledge Agreement and the Construction Loan Agreement shall be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance, and the City shall not . be subject to any personal or pecuniary liability thereon. 20 ARTICLE FIVE MISCELLANEOUS 5 -1. Severabi lity . If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or juris- dictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason,. such circum- stances shall not have the of feet of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent Whatever* The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions - of this Resolution or any part thereof. 5-2o Authentication of The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all docu- ments referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 5 -3. Registration of Resolution The City Clerk is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Ramsey County, and to obtain fram said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 5-4. Authorization Agreements The forms of the proposed Loan Agreement, the Pledge Agreement and the Construction Loan Agreement are hereby approved in substantially the form presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, 21 deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents . The Mayor and the City Clerk of the City are authorized to execute the Loan Agreement, the Pledge Agreement, and the Construction Loan Agreement in the name of and on behalf of the City and such other documents as Bond Counsel considers appropriate in connection with the issuance of the Note. In the event of the absence -or disability of the Mayor or City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof . Adopted: October , 1982. Mayor of the City of Maplewood Attest: City- Clerk 22 MEMORANDUM TO: City Manager FROM: Finance Di rector " RE: 1981 Engineering Charges - Holloway Project - M DATE: October 11, 1982 PROPOSAL It is proposed that the 1981 in -house engineering charges for the Holloway Avenue Improvement Project #81 -12 be reduced from $5,511 to $2,678. narvnpni imn On,January 7, 1982 the Council authorized a new procedure to compute in -house engineering charges based on the actual pay rate of employees. When the 1981 in -house engineering charges were approved by the Council on February 18, 1982, new projects had their charges based upon the pay rate of employees and old projects had their charges based upon ' a formula for estimating in-house engineering costs. Charges for the Holloway Avenue project were cal- culated to be`$5,511 under the formula. On April 19, 1982, a meeting was held with representatives of North St. Paul regarding the allocation of engineering charges for this joint project. It was determined at that meeti that the $5,511 of in-house engineering charges calculated under the old formula was excessive as only approximately 80 hours of labor was spent. Under the new procedure for calculating in-house engineering, 80 hours of labor resul in a charge of $2,678. Therefore, an adjustment of 1981 in -house engineering is needed. RECOMMENDATION It is recommended that the Council authorize a transfer of $2,833 from the General Fund to the Special Assessment Fund in order to adjust the 1981 in -house engineering charges for the Holloway Avenue Improvement Project #81 -1.2. cc: Public Works Director DFF:1nb i i a IZ7. " / MEMORANDUM TO: City Manager FROM: Randall Johnson--Associate Planner SUBJECT: HRA Housing Proposal DATE: October 14, 1982 Ac r T_ En 10 e Req On October 12, the Housing and Redevelopment Authority recommended thatat theCounciltakethefollowingactionsonOctober25: 1. Adopt the enclosed 462 C Housing Bond Plan for the First-time Home Buyer Program, 2. Set a joint meeting with the HRA for November 9 to discuss a draft of thefirst -time home buyer (FTHB)program. Background A Housing Bond Plan is required by Chapter 462 C of State Statutes to be eligibletoissuetax - exempt housing mortgage revenue bonds. The bond revenues would beusedtofinancetheHRA' proposed first -time home buyer program. CouncypgciauthorizedapplicationforthisprogramonSeptember130 The enclosed 462 -C Housing Bond Plan consists of the housing ch from the City's Comprehensiveiv g P p e Plan and supplemental bond issuance related informationpages43 -46). Together these items comprise the required Housing Bondqg Plan. The supplemental information was prepared by Paul Ekholm of Miller and Schroederbondunderwriter) and reviewed for consi with the requirementsy of Chapter462CbyStanleyKehlofHolmesandGraven (bond counsel ). Recommendation °- 1. Approve the enlcosed resolution, adoptin a Housing Bond Plan under9guer Chapter 462 -C of State Statute. 2. Set a joint meeting with the HRA for November 9 to discuss a draft of the first -time home buyer program. Procedure 1 • October 25: Council1c adoption of the enclosed Housing Bond P-1 an . Notice wasPublishedonSeptember22. 2. October 26: Submittal of the Housing Bond Plan • review g to the Metropolitantan Counc 1 fora45-day ew period, ending December 10. 3. November 9: Joint HRA Counci .1 meeting to discuss a draft of the firshomebuyer (FTHB) st tlmeYprogram. Copies of the program will •agenda acket. P 9 11 be sent out with the9p 4. December 13: Council adopon of 'P the first-tirye - home buyer (FTHB) program.Noticece of the hearing must be published on or before g e ore November 24. 5. December 30: Submittal of the FTHB r •P ogram and Housingng Bond Plan to theMinnesotaHousingFinanceAgency. mb Enclosures: 1 . Resolution to adopt the Housing2. 462 C H g Bonding PlanHousingBondPlan 3. Published Notice of Pub -Publicc Hearing 2 - c s Resolution-No. A resolution adopting a Housing Plan for • the City of Maplewood pursuant to Minnesota Statutes Cha ter 462C. WHEREAS, the City of Maplewood (the "City ") desires to encourage the development of ownership opportunities for senior citizens in the City; and WHEREAS, the City desires to assist first -time : homebuyers with the • purchase of affordable housing units within the City; and WHEREAS, Minnesota Statutes Chapter 4620 (the "Act ") authorizes the City to develop and administer programs of making or purchasing mortgage loans to finance the acquisition of single family housing units located anywhere within its boundaries for occupancy primarily by persons of low and moderate income; and WHEREAS, the Act requires the adoption of a housing plan (the "Housing Plan ") after a public hearing held after the publication of notice of the hearing at least thirty (30) days prior to the public hearing; and l't'HEREAS, on September 22, 1982 notice of a public hearing to be held on October 25, 1 to consider the Housing PI an was published in the M aol ewood Review and WHEREAS, the City has prepared a Housing Plan pursuant to the Act; and WHEREAS, the Act requires the submission of the Housing Plan to the Metropolitan Council for review and comment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Maplewood, Minnesota: 1. That the Housing Plan as is on file with the City Clerk is adopted; and 2, That the City Manager is authorized and directed to submit the Housing Plan to the Metropolitan Council for review and comment. w Mayor I 0 roige tro _.._- _ vv ea.. SL-pi. :12, 1v82 it;c REVIEW --- -- NOTICE OF PUBLIC HEARING GENERAL HOUSING PLAN NOTICE tS HEREBY GIVEN that the Maplewood City Council will melt in the City Ball at 7:00 p.m„ October 25, 1982, and conduct a public hearing pursuant to the repuirements of Minnesota Statutes. Section a62C.01, et seq., as it relates to aooption of a General Housing Plan. This plan will describe the housing needs of the City and will describe a plan to mee said r*j& and other mailers required by Minnesota Statutes, Chapter A62C. Persons desiring to be heard on the proposed plan may address the Council. Further information regar- ding the plan will be available at the office of the City Manager a -ter October 11, 1"L Review: Sept- 22, 19t2) - 6'. MEMORANDUM F___Z TO: City Manager FROM: Thomas Ekstrand-- Associate Planner SUBJECT: Sign Variance LOCATION: Beaver Lake SchoolAPPLICANT: Montessori Day Care Centers, Inc. OWNER: School District No. 622 e PROJECT: Day Care Center DATE • September 17 1982 C' L u .i SUMMARY OF THE PROPOSAL Request Approval of a variance to erect a 32 square foot sign. Proposal The applicant has indicated that they may wish to place the proposed sign on the chain link fence or on the ground in front of the fence. To keep the sign off the State right -of -way, the proposed sign could be no more than four feet in front of the fence. CONCLUSION Issues State law requires that two findings must be made prior to the issuance of a variance. First, the variance must be in keeping with the spirit and intent of the ordinance. Staff feels that this is met. A 36 square foot sign does not seem excessive considering the size of the property on which lot i s located. Secondly, State law requires that it must be found that strict enforcement would cause undue hardship because of circumstances unique to the individual property. The property has no physical characteristics which would cause a hardsh p. The ordinance, however, creates a hardship in that it does not recognize the need for s i gnage for, schools or communi service uses. Recommendati on I. Approval of the sign variance for the Sun Ray Montessori Center based on the findings that: 1. The proposed sign meets the spirit and intent of the Sign Code. 2. The Sign Code creates a hardship since it does not permit signage for public, church or community service facilities. II. Initiate an amendment to the sign ordinance to allow signs in resi- dential districts for public , . church or community service uses. 1) BACKGROUND Site Description 1. Site Size: 10.19 acres _ 2. Existing Land Use: Beaver Lake Elementary School and playground Surrounding Land Uses Northerly: A single dwelling and garage Southerly: Single dwellings Easterly: MIapl a oaks Funeral Home Westerly: Sterling Street- -west of Sterling Street are single dwellings Pa Acti 12-20-79: Council approved a sign variance for the Gladstone Community Center to erect a sign. 1-21-82: Council approved a sign vari ance for the McKnight Townhomes to erect a 38 square foot ground sign at the northeast corner of McKnight Road and Pond Avenue. PLANNING CONSIDERATIONS 1. Land Use Plan Designation: S, School 2. Zoning: R -1, Residence District (Single Dwelling) 3. -The Sign Code does not provide for si gnage for schools or community service uses. This appears to be an oversight in the ordinance. A variance, therefore, is needed to .erect the proposed sign. 4. State law requires that the following findings be made before a variance can be granted: 1. Strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordi- nance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a resonable use 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. . jw . Enclosures: 1. Location Map 2. Property Line Map 3. Site Plan 4. Sign Plan 5. Resolution F 0 6 Beover M4 Go OLIA AVE 0 a. 0 0Loke i - :: L CASE 68 69 o AV E. 32 k 21Z W 2) JK 7TH I BUSH AVE. 02 z 0 3M x _ _ ! CONWAY AV 3M f s8 MATCH LINE RVESTER UARYLAKIE RD. AVE.:: BRAND AVE: E.7TH AVE. T29N 2w 2530 R21W M131 IVY LIVE . 70>HA AVE Traile'r Court 68 Private) 1 1 E.MARYLAND AV E, 31 69 ST AV 0 6 Beover M4 Go OLIA AVE 0 a. 0 0Loke i - :: L CASE 68 69 o AV E. 32 k 21Z W 2) JK 7TH I BUSH AVE. 02 z 0 3M x _ _ ! CONWAY AV 3M f s8 MATCH LINE 34 E. MARGARET AVE E. STM AVE. 4 f RElrt0 NT AVE 0 cc SERV l R D.... 120 LOCATION MAP' N Af RVESTER AVE.:: BRAND AVE: E.7TH AVE. T29N 2w 2530 R21W M131 70>HA AVE 34 E. MARGARET AVE E. STM AVE. 4 f RElrt0 NT AVE 0 cc SERV l R D.... 120 LOCATION MAP' N Af FA mollin 40 7' S. c . en.l l IT lip A Old, Parkin Lot El V) 4C 5 Alp 7 PROPERTY LINE MAP N 3 1 4 7,e 7,0z 1-306 74 40 7' S. c . en.l l IT lip A Old, Parkin Lot El V) 4C 5 Alp 7 PROPERTY LINE MAP N- x- Lk BEAVER LAKE \ ELEMENTARY 00000*0 a s r / b 0& I 4A) 00 S SUN- RA FS63 094-Y FoR___ Cy / WREN A wrEts 'ro t, Yaw X5 fil 3.0 — sYs7 SIGN PLAN 4 N RESOLUTION NO. COUNTY OF RAMSEY CITY OF MAPLEWOOD RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF A VARIANCE WHEREAS, a variance request has been initiated by Montessori- Day Care Centers , Inc. to erect a 32 square foot sign for the following descri bed property: Plat of survey of a parcel of land in the SW- of the NE4 of Section 25, Town 29, Range 22, Ramsey County, Minnesota Described as; except the North 68 feet of the South 288 feet of the East 170 feet and except the South 220 feet of the East 105 feet, the West 377.22 feet of the North 544.21 feet of said 4 Section, Such above property being also known and numbered as 2551 Stillwater Road, Maplewood, Ramsey County, Minnesota: WHEREAS, the procedural history of this variance request is as follows: 1. That a variance request has been initiated by Montessori Day Care Centers, Inc.., pursuant to Chapters 912 and 1000 of the Maplewood Code and Section 462.357(g) of State Statute; 2. That said variance request was referred to and reviewed by the Maplewood Community Design Review Board on the 28th day of September, 1982, at which time said Board recommended to the City Council that said variance be approved. 3. That the Maplewood City Council held a public hearing to consider the variance request, notice thereof having been published and mailed pursuant to law; and 4. That all persons present at said hearing were given an opportunity to be heard and /or present written statements, and the Council considered reports and recommendations of the City Staff and Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above - described variance be granted on the basis of the following findings of fact: 1. The proposed sign meets the spirit and intent of the Sign Code. 2. The Sign Code creates a hardship since it does not permit s i gnage for public, church or community service uses, Adopted this day of Mayor ATTEST: Manager - . City Clerk C. Sign Variance--Montessori Day Care Centers Marshal Everson was present and said they are requesting a 32 square foot sign. He indicated the color would be dark brown with gold. They generally use woods. They had thought of installing it on the existing fence. The Board indicated to the applicant they did wish to have an attractive sign constructed. Chairman Phi l l i ppi moved th Board recommend approval of th n va forthe,-S_un- _Ray2Qn —t essori Ce based on the fi ndi_rgsthat:._ - - - 1. The proposed sign meets the spirit and intent of the Sign Code. 2. The Sign Code creates a hardship since it does not permit si gnage for public, church or community service facilities. 3. The sign will not exceed 32 square feet. 4. Staff to approve placement and design. 5. Applicant to construct an attractive sign. Board Member-Hedlund seconded Ayes--all,_ D. Building Revisions--Caves Century Addition 3 9-28-82 MEMORANDUM TO: FROM: SUBJECT: LOCATION: AP -PLICANT: OVMER : PROJECT: DATE: City Manager Associ ate P1 anner-- Ekstrand Special Exception Beaver Lake School Montessori Day Care Centers, Inc. School District No. 622 Day Care Center September 16, 1982 SUMMARY OF THE PROPOSAL Request Approval of a special exception to operate a day care center at the Beaver Lake School. Proposal Refer to the enclosed letter dated September 13, 19820 CONCLUSION Issues The only concern is to avoid any potential nuisance related problems which could affect area property owners. It is, therefore, recommended that the permi t be granted, subject to periodic renewal. Recommendation Approval of a special exception to operate 'a Montessori day' ,care center . at 1060 Sterling Street" for one year. If no nuisance condition exists at the end of one year, Council may renew the permit. Approval is subject to 1. Smoke detection devices shall be installed in corridors, 2. Emergency lighting shall be provided according to the Fire Marshal's specifications 3. There shall be protective covers over electrical receptacles in areas where there will be children under five years of age. - 3. Compliance with Land Use Laws: a. Section 902.010 (3) of City Code states that "churches , publicic o parochial ,alP and private schools (or other schools by speci permit from the lawful governing body) " may be located in R -1, Residential Districts, b. Section 915.030 of City Code states that when the governing body considers an exception to the Zoning Code, it shall,among other things: 1) Assure itself that the proposed change is consistent with the spirit purpose and intent of the zoning ordinance, 2) Determine that the proposed change will not substantial change injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safe- guarded. 3) Determine that the proposed change will serve the best interests of the City, the convenience of the community (where applicable), and the public welfare, 4. The operation of a day care center, such as the one proposed is governed by licensing rules enforced by the State. ic enclosures: 1. Location Map 2. Property Li ne Map ' 3. Site Plan 4. Applicant's letter dated September 13, 1982 3 WON 0 0,0110 cr 81 6 e c e r MA OLIA AVE. 0 Loke 0 Lj cr I #AJ IL x %J M A RYLA KIE RD. 31 IVY Trailer Court 68 (Private) f-- ' r r E. M-ARYLAND I t/ A-V E ST 6911( &A v: . 32 02 i-A inn O RVESTER A A. BRAND A7VE.]:::*. E. 7 TH AVEJ,i ci cc 729N 25130 M131 70>4ANA AVE 34. E MARGARET 34 E. 46 0 E. 5TH AVE. LF RE MO NT AVE03M cr. LL. CONWAY AV SERVICE RD.L P- 91 f 3 n .M ., . 68 = 120 -- - MATCH LINE L OCATION MAP' i i r f BEAVE LAKE E L E M E N TA R Y SCHOOL c va44 eNtYFI cam go TOD SITE PLAN 3 4 C ., 74 fr El Z-01 07' Its: OoL kE f 16 Parkin Lot Vic: .. Z2 El f z C.) A LJ SV13 Montessori*Day. Care renters , Inc . 71 Montessori Day Care Centers, 1nc. *a non - profit corporation, desires to rent mace in Beaver Lake School for the purpose of providing a child care center. This center would serve Infants from age 10 weeks to children 6 years of age. In addition, children 6 to 12 years may be served during the summer months and on school holidays. The center would be open year around, Monday thru Friday. Based upon the amount of square feet which we would like to lease (4,271 square feet) we would serve approximately 90 children. No physical alterations of the Beaver Lake School facility would be required. An outside playground would need to be erected - 60 x 100 or 6,000 square feet. A photo of the suggested playground is attached. 6515 Barrie Road • Edina, K -4 55435 Telephone (612) 920 -5457 B. Special Exception-1060 Sterling (Montessori 49. - --- Secretary Olson said the applicant is requesting approval of a special exception to operate a day care center at the Beaver Lake School. Staff is recommending approval subject to the conditi outlined in their report. Mark Severson, 6515 Barry Road, Edina, asked if this also approves the sign permit. _ Secretary Olson said that would be separate. = No one else was present to comment on the request. Commissioner He j ny mQyed the Planning mmi ecommend to ie- Ci t 1 a rova1 of a p on to operate_ a_ Montessori day --j- care—center -at 1060 - St.arUng . -Avenue_for_ one year..___ _ If no nuisance condition exist at the eR. of one year, C 1 may renew the _perm t. _--Approval _ i s subject to: 1. Smoke detection devices shall be installed in corridors. 20 Emergency lighting shall be provided according to the Fire Marshal's speci f cation . 3. There shall be protective covers over electrical receptacles in areas where there will be children under five years of age. Commissioner Ki shel seconded Ayes- -Commi ssioners Axdahl , Barrett,. E1 l efson, Fischer, He j ny, Howard, Ki shel , Prew, Sl etten, Whitcomb 2 9 -20 -82 i i Fa"'M 4*1S MEMORANDUM T0:City Manager FROM:Director of Community Development SUBJECT:Special Use Permit LOCATION:Century Avenue APPLICANT /OWNER:Richard N. Pearson F?ORJECT:Pearson Estates DATE:September 29, 1982 iLi:4 x SUMMARY OF THE PROPOSAL Req Approval of a special use permit to build a 245 lot mobil home P ark. Project Description I. See the enclosed letter from Mr. Pearson. 2. There would be 237 single -wide lots and eight double -wide lots, for a total of 245 l 3. A concrete pad, driveway and one tree would be provided with each lot. 4. A sales office is proposed that would include a laundry and a basement for meeting rooms and storm shelter for 500 people. 5. The streets and utilities woul,d' be privately owned. Recommendation Approval of the enclosed resolution, approvingn a sDeci al use permit fPP9p or a mobile home park of up to 245 units, subject to the fol l owing conditions: 1. Approval of a grading permit within one year of specialal use permit approval.P P 2. Complete the following before a grading permit is issued: a. Deeding of seventeen feet of right-of-way a to Highway 120 toy g ytheStateHighwayDepartment. b. Deeding of a fifteen -foot wide utilityit easement along the west propertyygPtylinetotheCi c. needing of a thirty -foot wide street and utility easemerr't for Iv AvenufromCenturyAvenuetoFerndaleStreet. : d. Approval of a grading, drainage, utility and erosion control plan bPYtheCityengineer. A cash escrow or letter of credi the amount to be determined by the City engineer, shall be provided to guarantee co iPgmpl nace with the erosion control plan. e. Approval of the turning radii on the private streets by the fire marshal 1. Radii shall be designed to allow for emergency vehicles and bus loop around block "N." A bus turn- around shall de allowed around block "N. 3. There shall be no exterior storage of equipment, such as b ke' , noses, lawn- mowers, raises, etc. Each lot shall be allowed one exterior storage shed for no more than. l 20 uaresq feet. Such shed must be kept in workmanlike repair and painted. 5. No access shall be allowed to Century Avenue. 6. No construction or grading shall be allowed to disturb the tamarack grove. 7. The private sanitary sewer, watermai ns and streets shall be constructed to be consistent with Maplewood and St. Paul water utility standards to ensure a reasonable level of service. 8. All utility installations shall be underground. 9. The private streets must be at least 28 feet in width, with parking on one side only. 1 10. Water lines must be flushed at least once each year or as required by the environmental health officer. 11. Approval of this special plan. The site plan and Design Review Board. The a. varying the placement b. Minimizing the affect scapi ng . use permit does not constitute approval of the site landscaping plan must be reviewed by the Community Board shall give special consideration to: of homes on the site where practical. of the noise from Century Avenue by bermi ng. and land- c. Landscaping shall be placed so as not to hamper the removal or placement of mobile homes on the site. 12. All stormwater discharge must be directed to the wetland to the west. No connection to the City storm sewer shall be all owed. 13. A mobile home may not be moved onto a lot until the following is completed: a. A street is paved in front of the lot. b. Utilities are available. c. A foundation, sidewalk and driveway are completed. d. Required trees, shrubs or bermi ng must be i n P 1 ace. 2 - K 14. Sod for lots must be in place thirty days after a lot is occupied, or a letter of credit or cash escrow deposited with the Director of Community Development to ensure installation. 15 . All mobile homes must be new at installation, skirted and ti ed down. Skirting shall extend from the frame of the chassis to the! ground. Skirting mu be painted to match the mobile home. F All tie -downs and foundations must meet the State Building Code. i 17. The storm shelter must remain free of storage and available for use. 18. The sign regulations for the R -3 district shall apply. 19. The following minimum setbacks sha apply: a. Twenty feet to a private street b. Thirty feet to a public right -of -way c. Five -foot side yard setback on the side opposite the entry d. Twenty -foot side yard setback on the entry side. 20. No structures shal be allowed in a required setback, except for an accessory building in th twenty -foot side yard setback. Such accessory building must have aside yard setback of at least five feet. 21. Construct at least a thi'rt -inch sidewalk from the driveway to eachyyac mobile home entrance. 22. Sales of mobile homes shall be limited to those owned by P ark residents and those sold by the park owner for placement in the park. 23. The developer shall provide traffic control signs as required by the Director of Public Safety. 24. This special use permit shall be reviewed two ears after the gradingn perm i ty9q _p . m is issued to determine compliance with conch tions and whether a change n conditions is necessary to resolve probl that may have developed,ed,y p 3 - BACKGROUND Site Description Net acreage: 39 acres f1xi sti ng Land Use: Undeveloped land and single dwelling r - a j s gurrounding Land Uses Northerly: A large parcel with a single dwelling Easterly: Century Avenue and single dwel 1 i ngs' i n Oakdale Southerly: Ivy Avenue. Council gave preliminary approval to develop the land south of Ivy Avenue with townhouses', quads, double dwellings and single dwellings (Cave's Century Addition), Westerly: Undeveloped ground. Council gave preliminary approval to develop a golf course (Maple Greens) . DEPARTMENTAL CONSIDERATIONS Planni 1. Land Use Plan designation: Primari RM, residential medium densi with the wetland in the southwest corner of the site designated for open space. 2. The RM classification is designated for such housing types as single dwellings on smaller lots, doubl dwellings, townhouses and mobile homes. The maxi mum population density allowed is 22 people for each net acre. 3. Proposed density: 16 people for each net acre. 4. Zoning: M -2, heavy manufacturing. 5. The plan meets all City ordinances. Environmental An environmental assessment worksheet (EAW) was prepared for this project as required by State law. The City Cou.nci l reviewed the EAW on July 26, 1982 and endorsed a negative declaration (no environmental impact statement required). This finding was approved by the Environmental Quality Board after the requi red thirty -day waiting period passed without objection. Five environmental problems there brought up by various State agencies (1) Erosion from grading steep s=lopes, (2) Filling of part of the wetl and, (3) Run -off to Beaver Lake, (4) Loss of wi.l dl i fe habitat and (5) Noise and dust control. Public Works 1. Sanitary sewer and water are available 2.. Storr, later is proposed to be discharged into the City stormwater system in Ivy Avenue. This system is at capacity and cannot accept additional flow. 4 - Public Safety A 1664 square foot basement storm shelter is proposed and should be adequate in size. i i ether Agencies - Sip enclosed letters. z Citizen Comments Staff sent out questionnaires to the property owners within 200 feet of the site. Of the eight replies , seven objected. The objections were as follows: 1. Increased traffi c 2. School overpopulation since closing 3. Two mobile home parks already within five. miles 4. Decreased property values 5. Would shut off natural drainage 6. See enclosed letters from Carl Stephan ADMINISTRATIVE Procedure 1. Planning Commission: Recommendation to City Council 2. City Council: Public hearing and decision mb Enclosures: 1. Location Map ' 2. Property Line Map 3. Site Plan 4. Resolution 5. Letter from Dick Pearson 6. Six Letters from State Agencies 7. Letters from Carl Stephan 5 1 z CL I tM AYE. 111 FREYp TEA zIF m ma r Z O C: Z O V Z If Q PROPERTY LINE MAP I, r t.: I a 1 I% off . lo, t " o M • ,off S 1 LOT tA D O 10=0 F + „t ,..e rolo _... t31b.4 - - -- 1020 ` 0 X07:0 4 b V 1 7tI1 14 r 11 la 19 20 2l VL aL:W 19 1 rte-- - - - -- -- -- -- 9b t b e t 1 3\Ib ,wrs lip p_ too* ice ___ , + ,o! I 4 \ 16 16 *• le 4 IG °W li j3 r K ` Sw 1 mot[ ` ,•n 14 1 ` iao 7 1 I — — low ;LfM e Lo•J yT vs, "'•1 A.csTN Ie on 1 l0 Ip S ,11 d PI L lye ' w SE I ZI Z — — 1,- OVEjLt+tt' • T -. ' - >• 1 - -_- ') _ --_ \ _ 1 1,1 (V aH , TAMARACX- T'1pf f t 3 •° - ;c 1 —. ? __ _ _ ,• -.-- ,{ ,.,o Zpf-Rt sE lw E- AREA 4 1 r I Z n 1: 5T do1l1K1 - / ' t t - ` ,. 1 ? Iw 1 - Tifo / / - w 6, lip 3 140 lip I it DbL flArL - t 5 MID 0L1s. 1L ! .ci (4 * ,rn 1 loll T .,N, 5 It O , N s 41234NSI23' 4 S e 1 •4r, . D EL i nc 1t• - `. -- .ITT- -'• O .- -_.- -_ Q T - __ !+ QK, T I S • E X , T TO;M . 1 b 11 0 `w •I « M& I II Iola INY.1Lb 44 24' • < stw•k b0' com LrnLIT(' ILMEMEW b Ia^ M L 4 N p sG t r IL LOIJC IvY - TWIT 54a a MW'1'E To bC : L14.1 P. NE.Y Sjc (24' MMT,.0 b'OL. '.' AGGE.NTEO WM4 4:3- (id' PvrTfpL .A,1J " E''Y it JUnnAC.i Id" rvT7*D P,tfZSoQ E ST,TE S PIzE LIM tJ46 Y rL.y C 3 SITE PLAN RESOLUTION. NO. COUNTY OF RAMSEY CITY OF MAPLEWOOD s ti RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF A SPECIAL USE PERMIT a WHEREAS, a special use procedure has been initiated by Richard Pearson for a special use permit for a 245 lot mobile home park for the following- described property: The northeast quarter of the southeast quarter of Section 24, Township 29, Range 22 WHEREAS, the procedural history of this special use permit procedure is as follows.: I. That a special use permit has been initiated by Richard Pearson, pursuant to the Maplewood Code; 2. That said procedure was referred to and reviewed by the Maplewood City Planning Commission on the day of October, 1982, at which time said Planning Commission recommended to the City Council that said rezone procedure be approved; 3. That the Maplewood City Council held a public hearing to consider the special use permit, notice thereof having been published and mailed pursuant to law; and 4. That all persons present at said hearing were given an opportunity to be heard and /or present written statements, and the Council considered reports and recommendations of the City Staff and Planning Commission. . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above-described special use permit be 'granted on the basis of. the following findings of fact: 1. A mobile home park is consistent with the comprehensive plan. 2. The conditions of the special use permit w i l l assure compatibility with adjacent land uses. Approval is subject to the following conditions: 1. Approval of. a grading permit within one year of special use permit approval. 2. Complete the following before a grading permit is issued: a. Deeding of seventeen feet of right -of -way adjacent to Highway 120 to the State Highway Department. F b. Deedi ng of a fifteen -foot wide utility easement along thP west property line to the City. 3'i C. Deeding of a thirty -foot wide street and utility easement for Ivy Avenue, from Century Avenue to Ferndale Street. d. Approval of a gradi ng, drainage, utility and erosion control plan by the City engineer. A cash escrow or letter of credit, the amount to be determined by the City engineer, shall be prc vi ded to guarantee compliance with the erosion control plan. e. Approval of the turning radii on the private streets by the fire marshal 1. Radii shall be designed to allow for emergency vehicles and bus loop around block "N." A bus turn- around shall be allowed around block "N 3. There shall 'be no exterior storage of equipment, such. as bikes, hoses, - 1 awn - mowers , ra ices , etc. 4. Each lot shall be allowed one exterior storage shed for no more than 120 square feet. Such shed must be kept in workmanlike reoair and painted. 5. No access shall be allowed to Century Avenue. 6. No construction or grading shall be allowed to disturb the tamarack grove. 7. The private sanitary sewer, watermai ns and streets _ shal 1 be constructed to be consistent with Maplewood and St. Paul water utility standards to ensure a reasonable level of service. 8. All utility installations shall be underground. 9. The private streets must be at least 28 feet in width, with parking on one side only. 10. Water lines must be flushed at least once each year or as required by the envi ronmental * heal th offi cer. 11. Approval of this special _use permit does not constitute approval of the site plan. The site plan and landscaping plan must be reviewed by the Community Design Review Board. The Board shall' give special consideration to: a. Varying the placement of homes on the site where practi--cal. b. Minimizing the affect of the noise from Century Avenue' - -b bermi n and land-y .y 9 scaping. c. Landscaping shall be placed so as not to hamper the removal or placement of mobile homes on the site. 2 - s. 12. All stormwater discharge must be directed to the wetland to the west. No connection to the City storm sewer shall be allowed. 13. A mobile home may not be moved onto a lot until the following is completed: a. A street is paved in front of the lot. s b. U t i l i t i e s are available. -- wc c. A foundation, sidewalk and driveway are completed. d. Required trees, shrubs or bermi ng must be in place. 140 Sod for lots must be in place thirty days after a lot is occupied, or a letter of credit or cash escrow deposited with the Director of Community Development to ensure installation. 15. All mobile homes must be new, skirted and tied down. Ski rti ng shal 1 extend from the frame of the - chassis to the ground. Skirting must be painted to match the mobile home. 16. All tie -downs and foundations must meet - the State Building Code. 17. The storm shelter must remain free of storage and available for use. 18. The sign regulations for the R -3 district shall apply. 19. The following minimum setbacks shall - apply: a. Twenty feet to a private street b. Thirty feet to a public right -of -way c. Five -foot side yard setback on the side opposi the entry d. Twenty -foot side yard setback on the entry side. 20. No structures shall be allowed in a required setback, except for an accessory building in the twenty -foot side yard setback. Such accessory building must IWO- have a s yard setback of at 1 east' five feet. 21. Construct at least a thirty-"inch sidewalk. from the driveway to each moh11 e home entrance. 22. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 29. The developer shall provide traffic control signs as - requi red . by the Director of Public Safety. 24. This special use permit s be reviewed two years after -the grading permit is issued to determine compliance with conditions and whet - a change in conditions is necessary to resolve problems that may have developed. 3- Adopted t h i s 1982. a Mayor Manager ATTEST: City Clerk day of 4- NSURA#VCe YOU R, ndependent kwlMvRCt AGENT A sswv%s you P"M ks: C 90FESS1011 P 7r z Pearsolf JItsi(ralice 4yeyey 1781 EAST ARLINGTON STREET. ST. PAUL, MINNESOTA 55119 — 776 -2721 Z i 1+ I i May 27, 1982 TO: City of Fiaplewood RE: Pr000sed f`r;obilehome Park Century avenue, N2pl ewood, Finnesota I would like the City to be aware of the following provisions which would apply to my mobilehome park: I, personally, will own and operate the park. f ode1 homes will be shown and sold on the property under ray supervision. Only new.mobilehomes will be allowed, single or double widths. There will be no on— street Qarkino. Each lot Will have parking facilities for two cars. Tenants will not be allowed to work on automobiles in the park. No additions onto mobilehomes will be allowed without approval from the park office. No does Will be allowed. Each tenants Would be required to sign a lease and abide by all the rules and' provisions of the lease. Obviously, it is to our interest to operate and main tain a well managed, clean mobilehome park. Since my personal residence is in Flapleuood, I would Want the park to be an asset to my community and one that I WOUld be proud to own. Richard N. arson SERVICE IS THE DIFFERENCE RAMSEY SOIL AND WATER CONSERVATION DISTRICT Mid- Arnerica Bcn 5;,, ;C W7 1827 North Saint Paul R000 Maplewood, Minnesota 55109 Telephone !612; 777 -0127 MINNESOTA SOIL AND WATER 4- June 27, 19n /9eZ CONSERVATION z Tar DISTRICTS. To: City of Maplewood From: Ramsey Soil &Water Conservation Dis rict Supervisors G°Plat Review Committee, Chairman Subject: Proposed Richard Pearson Mobile Horne Park Ylr, Stan Wendland presented his review of the porposed Richard Pearson Mobile Home Park to the Ramsey Soil and Water Conservation District Board of Supervisors for their consideration. We accept his review. The soils at this site present moderate to severe l to development due to both erosion potential and wetness. The proposed grading Galan would leave. the soil at a gradual 3 to 4/ slope. p g This would leave an 8 tons acre year potential erosion rate, above the acceptable 5 tons/ acre ear. , :Ettst ngslopes could yield 170 tons acre y y propereaxifro precautions are not taken during development. If development is allowed on Group 3 soils an acceptable erosion control plan should be y mandatory and a performance bond be required to guarantee compliance. We recommend following the suggestions of Stan Wendland. Both Soil Groups 5 and 7 are soils we would not normally recommend for With proper care (replacing organic soil with suitable fill,development. Wit p p etc*) Soil Group 5 might be suitable for a trailer park. We do not recommend development of Soil Group 7. In keep with past policy we recommend that Soil Group 7 be retained for storm water and sediment retention. JUN 2 9 1982 AN EQUAL OPPORTUNITY EMPLOYER UNITED STATES DEPARTiVIENT OF AGRICULTURE SOIL CONSERV SERVI 1821 North St. Paul Road, Maplewood, MN 55109 June 22, 1982 To: Supervisors, Ramsey Soil and Water Conservation b1strict Subject: Review of proposed Richard Pearson Mobile Home Park on request of the City of Maplewood. _t i Introduction The proposed plat is located adjacent to Century Avenue, one- fourth mile north of Maryland Avenue (see Map 1). The site is 40 acres and the proposed use is for a mobile home park ,\ The purpose of this report is to review the proposed land use in terms of the existing soil and water resources. Recommendations will be made addressing inherent site limitations and erosion control measures needed during and after construction. The soils information presented is general in nature and intended for general planning purposes. To address specific questions about specific locations, an on site soils investigation by a qualified soils engineer is recommended. Inventory of Existing Soil and dater Resources A) Soils and Topography The site is essentially composed of two slopes facing each other across a central drai nageway with flatter areas above each slope. These slopes are, generally, well over 18% (see Map 2) . A wetland is located at the base of the slopes, The vertical drop of the property is about 40 feet from the highest point to the lowest point. The site contains five different soil types. However, based on the soil properties that relate to building site development, the soils may be placed into three groups. The general boundaries are outlined on .the plat map and their properties are described below. These groups have been predetermined so you will notice that the group numbers present on this site are not consecutive. Group 3: This group consists of dominantl well and moderatel well drained, silty and loamy soils but also includes some sandy soils with loamy underlying materials. The following soil characteristics are iin general common to all soils in this group. Seasonal high water table is usually below 5 feet; however, it is at depths of 3 to 5 feet in lower areas of the landscape, Permeability is moderate to moderately rapid. Bearing strength is fair. Shear strength is fair. 6/22/82 - Richard Pearson Mobilehome Park Page 2 C' Shrink -swell potential is low to moderate. Potential frost action is moderate. These soils have generally good potential for bui 1 di ng -si to development. The hazard of erosion and cost of planning and construction are related F to the steepness and length of slope. Foundations and -toads are subject s to structural damage due to frost action or soil shrink = dwell. Drains are needed in some areas to control seepage of water into the basements. a Grou 5 : Soils in this area are poorly drained consisting of silt l oams over -si 1 t 1 oams , sandy 1 oams and 1 oams . The following soil characteristics are in general common to this area, Seasonal high water table is at depths of 0 to 1 foot. Permeability ranges from moderately to moderate. Bearing strength is poor to fair. Shrink-swell potential is low to moderate to .high. Potential frost action is high, These soils have poor potential as locations for residential or commercial development due to the poor drainage and seasonal high water table. Even with proper design and engineering to overcome the limitations, the maintenance and upkeep of parking lots, roads , u t i l i t i e s , etc., can be quite an expense due to structural damage by frost action. Grou 7: This group consists of very poorly drained, deep organic over 5 ft . ) s o i l s . The following soil characteristics are in general common to all soils in this group. Seasonal high water table is usually at the surface. Permeability has a wide range. Bearing strength i s generally very poor. Shear strength is generally very poor. Potential frost action is high. These soils have poor potential-for all kinds of development due'to the high water table and very poor strength of organic materials. Soil s in this group also have low bulk densities and are very compressible and in general have undesirable construction characteristics. B) Water Resources The proposed plat drains to a wetland lying on and to the west of the property. Drainage from the wetland is to Beaver Lake via a sto rmwater storage pond and channel i zed flow (see trap 3) . The site contains approximately 10 acres of this 89 acne, wetland. A small . part of the wetland within the site is vegetated-with Tamarac and other wetland plants more common to northern Minnesotai A broad drainage way bisects the site running from Century Avenue to 6/22/82 - Richard Pearson Mobi 1 ehome Park Pa ge 3 the wetland. No culvert was found that would outlet water from the east side of Century into this drai nageway. It is, apparently, subject to only local runoff. Critique and Recommendations A review of the potential for erosion on this site indicates that it may be high. Sediment loss on the two existing slopes could reach the annual rate of 170 tons /acre /year on the north slope and 320 tons. acre /yeas on the south slope. However, these figures can be misleading because the final topography of the site will, apparently, bear little resemblance to the existing landscape. When grading is complete, the site w i l l have a long, gradual slope of about 3- 4% from Century Avenue, westward down to the wetland. Approximately 2/3 to 3/4 of the wetland area principally, the portion that intrudes eastward into the site) will be filled. The annual erosion rate on this slope, with no protection and no divisions by streets, would be about 8 tons /acre /year . on the upper half and 23 tons /acre/ year on the lower half. Erosion control on this slope may be accomplished with mulch and vegetative cover. The addition of the north-south streets, as shown on the ,plat map, will serve as diversions and the central storm sewer will pick up any concentrated flows, -Both these features will greatly aid control of erosion on the final landscape. Erosion w i l l be controlled on the final landscape with establishment of permanent vegetative cover. (see Appendix 2) The real problems with erosion control on this . site are most probable during grading of the existing landscape to the final proposed topog- raphy. The following recommendations are intended to mitigate problems during this period: 1. Grading should work from the top of the hills to the bottom. Temporary or permanent cover should be established on the upper portion as work .proceeds downsl ope. 2. Extensive grading of the site should be avoided, if possible, during the months of May, June and July; fifty -seven percent (57 %) of the total erosive energy content of a year's worth of rainfall (Jan. 1 to DPc:. 30) comes during these three months . 3. once grading of the site is begun it should be completed as quickly as possible. 4. An erosion control plan incorporating the above recommendations and the appropriate portions of Appendix 1 should be developed before grading. begins. The following recommendations apply to other aspects of the site: 1. Appropriate steps should be taken to ensure that eroion does not occur at the storm sewer outlet. 6!22/$2 - Richard Pearson Mobilehome Park Page 4 2. The stability of the fill placed in wetland areas should be ensured by whatever means necessary to prevent frost action and shrink-swell damage to foundations, paved surfaces and utilities. i 3. The elevation of homesites adjacent to the wetland - hpul d be adequately above future flood elevations. This elevatfff should anti ci pate the flood conditions that will exist in the area when thes y tributary watersheds are ful developed, 4. The portion of the wetland vegetated with Tamarac may have a unique value to Maplewood. The Mapl ewwod naturalist may wish to review this site and provide an opinion to the City, If there are any questions regarding this report, please call 777 -0127. Sinc rely, tan Wen land District Conservationist Ramsey County Field Office APPENDIX 1 The fol lmdng reti^ da tions are i n t ended to control both wind and iii - e r caused e s fon : s i) Areas by grades should rernain dosed no ti ger t1 . one w, befare final grad is coE I e ted d t to t i on is astablisbed. If these areas t be c: ormleted within me week t'ev s.. Id be anered with straw nulch ar lied at the rate of 30T-4 t. Ibs/ acre .. tely. If pe ezt vege cap of be es tabl is', within 60 days t a tenvr ary s sbcn.d be applied pric7r to mil chi using one of the follow- es : a) early svrng to July 1: 1-k bu /ac of Oats b) JUy 1 to Oe tober 15 : 1k bulac of rye c) October 15 Oxmigh winter: use Bch The tenorary seeding is intm ded to give protection for a period of 2 to 12 mixnths. if.) Ferr t vegetation may be establ by seeding or sodding. Areas wbe - v - e c verl.and flow exceeds 3 fps sbml d be-sodded. Tie sod 8' .il d be d at right awl es to the slope and staked. On s Zones over 257, the sod my be covered with Jute : h snd dean to hold the sod secure ! s _ is cane a sniff table Tn xt for the acr . ditiorms enccrantered and the uses enticivated may be selected f the tables at tac' . iii) Hil. ch Est be s Ii ed to either terii,sorary or , • ent s s . The mulch can be st r*v, applied at the rate of 30 . Ibs /ac (74 -80 bales /a=e) , or long fibered wood cellulose lied at the rate of 2500 Its /acre . 7he straw r.uTch can be wichored by vressirg it in With a straight set bunt disc or by owerinR with a netting and stapling. 1be Ivrag fibered wed cellulose s in rolled blankets with netting. The blankets are rolled out and staled. 0. iv) In arddi ti on to wind and water caused Sion , vehicle traffic can create c ast probl. 7b trol this offset source, water carp be used in traff ar . i raffis area can also be mil ched with sawdust, wood chips or gra*;el. If gravel is used it shm1d be placed in areas that will become walkways or driveways , otherwi it will have to be to permit xxVing or seedier of the area. v) Stockpiles of tcosoil sbmAd be stabilized with milch or a or , Dezirment . . 7te slopes of these stockpiles , chile shn t, tend to be steers and need to be othed ai flattened j t to wplicati m of mulch or seed. TABLE 1A 1 Park -Like Critical' - AMA ' 1 .1 0 Areas Stabilization V 101 +Brief Boil Athletic Including Lightly Used Excessively Usually not V4 Descrip Pla Areas Home Layne Areas Used Areas oored Remarks v V FULL SUNSHINE A Sti H v Coarse, steep.Creeping lied Kentucky Kentucky Creeping Red Rromegrass Poor choice for droughty soils,fescue 401 bluegrass bluegrass fescue 20%250 /acre athletic play Kentucky 301 40%Tall Fescue area. One ture and Hal-bluegrass Creeping Red Creeping Red 802 llromegrass laud Suitability 602 fescue 702 fescue 602 100 /1000 150/acre Mulch areas to Croups •, 9, and 10)_60/1000 21/1000 1 -eq. ft.Tall Fescue be seeded to sqo ft.sq. ft.sq. ft*10/ 1acre conserve Alfalfa moisture. Kromegrass SMitchgrass 50 /acre 20/1000 40 /acre sq. ft*Crwnvetch frequent water- 200 /acre ing or irriga- Uronegress t iou needed. 101 /acre PARTIAL SHADE Creeping Red Kentucky Kentucky Creeping Red Croin vetch Excessively fescue 401 bluegrass bluegrass fescue 40%200 /acre used areas will Tall Fescue 301 302 Tall Fescue Dromegrase require annual 602 Creeping Red Creeping Red 60%100 /acre seeding and 61/1000 fescue 702 fescue 702 100 /1000 maintenance. 20/1000.1- 20/1000 sq. fte sq. ft.sq. ft* v v m z t7 v x 04• ... OL-1,4A'i — boar PE 4.fke& 85117 a S rj&s6tl4lulG'pklf to a saw Ma Z Gwwrilt.L.. kJoll swo •• &a 1117 . •+. 4ele4P7 C/ e le, s o a r;es fl i eOu - re -S Pao-" a C. 14/e a a X4 LO TIT P&C&Ll is r L*dw to ail - --1i1 _ _I - _- .- - 3l. — - ' — 1 Ila tqAlpgrow Pk O tw 19 ti sf woe b--* 1p-c SITE PLAN dr 04• ... OL-1,4A'i — boar PE 4.fke& 85117 a S rj&s6tl4lulG'pklf to a saw Ma Z Gwwrilt.L.. kJoll swo •• &a 1117 . •+. 4ele4P7 C/ e le, s o a r;es fl i eOu - re -S Pao-" a C. 14/e a a X4 LO TIT P&C&Ll is r L*dw to ail - --1i1 _ _I - _- .- - 3l. — - ' — 1 Ila tqAlpgrow Pk O tw 19 ti sf woe b--* 1p-c SITE PLAN y Z mom ^* dpow IF * wow / 000 "•. 1 13-28 y d' 13 - 27 - r "'1 V 13 -30 13 -29 13-31 - - -- - loe 19 11001, 3` _ jp- i 13-34 . __...- dMOe dn . 0000-iiiiiiiiiiiiiiiije Aw awn.. BEAVER - t v"I ao LAKE f3-5t 13-35 / r tl i 3 _ 3 6 oe 00 M 3 NE N1 in I I('sola D - '.parn - nent of Tral ^ Iy )ortaticon Tra s: rtation BLi1cirl St. Paul, N-Iii sots 7 -5151-3 OF TV P September 2, 1982 Geoff Olson Director of Community Development 1380 Frost Avenue Maplewood, Minnesota 55109 Re: Pearson Estates Environmental Assessment Worksheet District 9 Dear Mr. Olson* From: Dir. of Coin. Dovolop, Referrc3 'k;o : Village 1"71• . Village Dir • of 1 L_J H . D ; r . o _ n . ly 1.s C. -wrv • ,i Y ,_ t -, e, r The Minnesota Department of Transportation (Mn /DOT) has completed a review of the above - referenced EAW. We offer the following comments for your consideration. Mn /DOT's District Office in Oakdale has estimated a different number. of traffic trips will be generated by the proposed project than those numbers presented in the EAW. According to the Institute of Transportation Engineers Trip Generation Manual, 1,345 trips could be expected to result from this project on a given weekday, with 115 trips occuring during the peak morning hour and 148 trips occuring during the peak afternoon hour. We assume that traffic will leave and enter the project site via Ivy Avenue and Trunk Highway (TH)120. TH120 is already congested with 12,000 vehicles per day (VPD) and 1,175 vehicles during a peak afternoon hour. By the year 2000 we expect that traffic volumes will reach almost 20,000 VPD. The area along the portion of TH120 located within the project area is now 15 to 25 percent developed and will probably be 75 to 85 percent 4- developed by the: year 2000. As the area continues to develop traffic.. congestion will certainly increase and the safe operation of our trans- portation facilities in the area may be impacted. Because of the low level of funds available for highway construction projects today, howeverJY we do not anticipate making any significant improvements to TH120 in the foreseeable future, We are also concerned about the impact traffic on TH120 will have upon noise levels at the project site. We estimate that TH120 produces noisep levels above the daytime L 65 dBA standard established by the Minnesota Pollution Control Agency f6 r residentialAgy land uses on portions of the site. An .Equal Opportunity Employer { Wit'' Geoff Olson September 2, 1982 Page Two The EWA, on page 6, only discusses construction noise , and does not provide sufficient information to determine the specific impacts of r.foise to in dividual housing units. We suggest that the city work closely with our District Office to discuss compatible land use design and /or noise abatement measures. Item 1.C.6 on page 2 should also include Mn /DOT as a permitting agency. If plans for the proposed project will result in diverting drainage to the high- way or obstructing natural drainage from the highway, a Mn /DOT drainage permit will be required. Drainage plans for the project site will be re- viewed prior to issuing a permit. If you have any questions regarding our comments or would like any additional information from Mh / DOT , please contact Jerry Skelton, Project Manager/Trans- portation at Oakdale Office, phone number (612)770 -2311. Sincerely, Cheryl eide Planner Office of Environmental Services 5 i August 30, 1982 Minnesota Pollution Control __Agency Geoff Olson City of Maplewood 1380 Frost Avenue - Maplewood, Minnesota 55109 Dear Mr. Olson: The Minnesota Pollution Control Agency (MPCA) reviewed the environ- mental assessment worksheet (EAW) on the proposed Pearson Estates and has several comments to offer. It appears that there will be extensive grading for this project. The EAW does not indicate if the poorer soils will be removed =or just covered. In addition, it is unclear whether the holding pond will receive all the runoff from the project and how the runoff will be discharged to the storm sewer. Finally, there is no indication of the capacity of the storm. sewer or where it discharges. We would reaffirm the recommendation made by the Soil Conservation Service for the absolute need of a detailed erosion control and surface runoff control plan. A grading plan would also be necessary in determining erosion potential and the suitability of the soils for development. There is concern about the impact that construction related noise and fugitive dust emissions will have on nearby residences. The city should implement control measures to mitigate these impacts.. The effect of construction noise can be mitigated by requiring . .the use of properly muffled equipment and the routing of truck traffic to avoid an adverse effect on residents, as well as requiring the implementation of a construction curfew. Measures to control fugitive dust emissions are required by Agency rule A.PC -6 and should include timely job site cleanup, haul road mai tenance and staging the operation so that the least amount of ground is left bare at any one time. Dust control should be made part of the overall erosion control plan for the project. Phone: 612) 296 - 7216 1935 West County Road B2, Roseville, Minnesota 55113-2785 Regional Offices • Duluth %Brainerd!Detroit Lake s /MarshalI/Rochester Equal Opportunity Employer AUG y 1982 O M) Mr. Olson August 30, 1982 Page Two Noise due to the railway located to the north and due ta: Century Avenue which forms the eastern boundary of the site may - exceed state noise standards (a daytime L level of 65 dBA and a. nighttime L lever -1 of 55 dBA f land use 0 to 1 or e ca gory IAC -1) at the proposed mobs e home. The MPCA staff recommends that a noise assessment be conducted by the city for the railway and for the roadway to determine if the state noise standards will be exceeded at the closest proposed mobile homes. If the state standards are to be exceeded, the city must implement noise control measures. Possible noise control measures include 1) requiring the construction of noise barriers, e.g., earth berms, wood or concrete walls, 2) ad- justing the distance of the homes from the roadway or railway, and/or 3) the planting of vegetation. This last option, however, is not a very effective noise control measure compared to options 1 or 2. Thank you for the opportunity to comment. If you have any question, please call Cliff Anderson of my staff (296 - 7215). Sincerely, Deborah R. Pile Environmental Review Coordinator Office of Planning and Review DRP : p ab September 15, 1982 Geoff Olson, Planning Director City of Maplewood 380 Frost Avenue Maplewood, MN 55109 RE: City of Maplewood Environemntal Assessment Worksheet Pearson Estates Metropolitan Council Referral F i l e No. 10668 -1 Dear Mr. Olson. a Aq0 0 f l N CjT 300074etro Square Building Saint lPaul, Minnesota 55101 Telephone 612/291- 6359 At its meeting -on September 9, 1982, the Metropolitan Council considered the Environmental Assessment Worksheet (EAW) prepared by the City of Maplewood on Pearson Estates.' -This consideration was based on a report of the Physical Development Committee, Referral Report No. 82-97. A copy of this .report, which was adopted as presented, is attached. In its review, the Council came to the following conclusions: 1. Approximately 70 percent of the 40 -acre site will be altered by grading or filling. 2. The overall imperviousness of the site will change from a current figure close to zero to 50 percent. 3. Approximately 10 acres of wetland will be eliminated, and it i s 1 ikely that a small tamarack bog intended to be preserved will be destroyed as a result of surrounding alterations; the wetland to be eliminated is part of an i ntercommunity drainage system draining to Beaver Lake, which discharges to the combined sewer system in St. Paula 4. There are no design specifics for the-amount of runoff expected to be generated from this si and the Maplewood "Drainage Plan" has been outdated due to existing and proposed changes in storage areas downstream of the site. The increased volume of discharge has a direct regional impact because of the discharge into the combined sewer system in St. Paul. 5. - The quality of runoff leaving the developed site would be much worse than that currently leaving the site; the EAW does not address measures to mitigate the impact. i 6. The proposal, as submitted, is not consistent with several e6vi ronmental policies of the Metropolitan Council as stated in two Metropolitan Development Guide chapters, specifically pertaining to wetland alteration, erosion control and storm water runoff control An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County O Carver County o Dakota County O Hennepin County O Ramsey County O Scott County O Washington County An Equal Opportunity Employer r a o Geoff Olson Planning Director Ci of Mapl September 15 1982 N CITP , Page TWO 300 etro Square BuildingMquaauig Sain't Paul, Minnesota 55101 Telephone 612/291- 6359 z Based on these conclusions the Council would have recuested.Maplewood to withdraw the EAW pending preparation of further information responding to the issues raised in the conclusions, or the Council would have requested the Environmental Quality Board for a full environmental impact statement to address the environmental issues raised by the Council. Unfortunately, the Council was unable to meet the EAW review deadline. Neverthel ess, the issues expressed here remain; and we want to go on record with these concerns. I understand that our staff has met with you to discuss them; we appreciate thepp Opportunity to work with you and will look forward to a more timely analysis of these issues when future EAWs are considered. Attached iis a copy of a letter from Metropolitan Waste Control Commission commenting on this EAW, Sincerely, METROPOLITAN COUNCIL Charles R. Weaver Chairman CRW: s Attachments cc: Thomas Rul l and, Manager, En'vi ronmental Review Section, Environmental Quality Board Barry Evans, City Manager, City of Maplewood Bernard J. Harrington, Director of Engineering, MWCC James Schoettl er Metropolitan Council Staff s An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County O Carver County O Dakota County O Hennepin County O Ramsey County O Scott County O W shington County An Equal Opportunity Employer 33 -160 Metre olrtan Transit Commissionp 801 American Center Building St. Paul, Minnesota 55101 612/221 -0939 August 23, 1982 Mr. John Rutford, Referral Coordinator Metropolitan Council 300 Metro Square Building St. Paul, MN 55101 RE: City of Maplewood Environmental Assessment Worksheet Pearson Estates Metropolitan Council Referral File # 10668 -1 Dear Mr. Rutford: The MTC - has reviewed portions of the -EAW for the above- referenced pro- ject. It is the consensus of staff, that the proposed development would significantly impact the demand for transit in the area. The MTC presently operates service south of the site and could ex- tend that service to the site if provisions were made for transit. In order to serve the site, a turn- around would have to be con- structed either on the site or adjacent to the site. The developer and the City should consider transit in the develop- ment of the site. Since the only roadways being planned for the development will be private, the developer should consider the construction of a turn - around as part of the private roads system, preferably near the intersection of Highway 120 and Ivy Avenue. At present it is estimated that 13 trips per weekday could be made. -to the site if such a turn - around were constructed. The MTC would appreciate the opportunity to discuss this further with the developer and with the City. Assistance in planning for transit can be obtained by contacting the MTC Division of Planning and Development at 221 -0939. The MTC appreciates the opportunity to review development plans for the areas which we serve. Sincerely, Dorene Y. Roeglin Transportation Planner STATE OF U V U V 1E J (0) DEPARTMENT OF NATURAL RESOURCES CENTENNIAL OFFICE BUILDING o ST. PAUL. MINNESOTA 55155 r August 31, 1982 Mr. Geoff Olson City of Maplewood 1.380 Frost Avenue Maplewood, Minnesota 55109 RE: Pearson Estates Environmental Assessment Worksheet (EAW) Dear Mr. Olson: The Department of Natural Resources (DNR) has reviewed the above - referenced document and we offer the following comments for your consideration. Our main concern with this project is that it will eliminate or alter good quality wildlife habitat that currently exists on the site. For example, the tamarack bog which is located in the west central portion of the site has been i d e n t i f i e d as an area worthy of protection. However, the site plan included with the EAW indicates that a road and some lots will be located in the bog. We strongly urge that measures be taken to eliminate the lots and relocate the road in order to preserve this small but important wetland. We suggest that some measures be incorporated in this project to prevent fluctuating water levels of the stormwater retention pond from destroying this bog. The EAW indicates erroneously that wildlife habitat w i l l not be altered or eliminated. All the existing vegetative types on this site provide habitat for wildlife. To the extent that this vegetation will be eliminated during construction, the site's wildlife habitat w i l l be lost. The EAW indicates that storm sewers will collect runoff from the site, but there is no information as to where the water will be discharged. We recommend that measures be taken to prevent runoff from the site from entering the intermittent stream channel that runs into Beaver Lake. Beaver Lake has a marginal fish population which should be protected from further inflows of nutrient -charged runoff water. w x s AN EQUAL OPPORTUNITY EMPLOYER Mr. Geoff Olson August 31, 1982 Page 2 Thank you for the opportunity to comment on this ro 'ect.P J Sincerely, -- i Thomas W. Bal com Environmental Review Coordinator TB:pje 3595D cc: Karen Loechler Ron Harnack Earl Huber Dick Carlson Tom Rul 1 and -EQB Dick Pearson i dune 6, 1982 Maplewood City Council 1380 Frost Avenue Maplewood Minnesota 54;109 Dear sirs • This letter is in regard to the proposed Cave • z Centur r Addition at the southwest corner of Century and' ,_ Avenues. S I am a property owner located immediately east of the Ivy and Century intersection in Oakdale, Minnesota, or just east of the proposed addition, I have only one major concern regarding this proposed addition, and that deals with the proposed 1 u Lure upgrading widening of Century Avenue (Highway 120) . A few years back, the Minnesota Highway Department prepared plans and held hearings on a - road relocation plan that would affect the proposed Cave's Addition. As I recall it, the proposed Highway route north of the exis Ling Century East Apartments would run parrallel and west of the existing Highway 120. The present Highway 120 would serve as a frontage road for properties to east (including my property) under the highway plan. My qu6stions are these: What attempts, if any, have been made by the M.& S. Development Company to coordinate their proposed development with future highway wDrk? Why isn't a larger setback distance provided from Highway 120, to account for future Highway 120 widening? If the Cavils Addition is constructed as proposed, could the visitor's parking spaces east of Blocks 3 and 4 of the addition be eliminated, and thus provice room for Highway 120 widening? I doubt that these spaces would provide the required width), It seems to me , that the above concerns should be adequately addressed before any .publ is monies are expended in a develop- ment venture of this sort.. With future growth of this area, the highway widening appears inevitable, I would appreciate a written reply to this letter concerning these qu st ions and will try to be at the June 14, 1982 meeting on the subject. Sincerely yours, Carl W. Stephan 2253 Geneva Ave: K. Oakdale Diinnessta.55119 Jane 6, 1982 Mr. Geoff Olson AICP Director of Community Development City of Maplewood Maplewood, Minnesota 55109 y Dear Mr, Olson; - I do have objections to the proposed special use permit for the Mobile Home Park (Pearson Estates) described in material with your May 28, 1982 letter. My views are as follows: a) I think that mobil home parks are best located in rural areas, where they are buffered from single family residences. The suggested mobil home park would be immediately across Highway 120 from me and my single family residence neighbors. b) I believe the obvious lower assessed. value o plus the extremely small lot size of the individual mobil home park units, will adversely affect our single family home resale value. c) The proposal shows development right up to Highway 120* This development would conflict with previvasly proposed plans to widen Highway 120 in this area . ( see attached copy of ray June 6. 1982 letter to the Maplewood City Council concerning the proposed Cave's Addition south of Ivy Avenue), In summary, I would rather see single family, or townhouses development '.n this area, rather than a mobil home park. I think that type of development is more compatible with existin g single family residences, However, any . development that is proposed for this area should provide for the anticipated future widening of Highway 120 as discussed in the attached letter. Thank you for asking me for my views on this proposal. Sincerely you s, 1004 Carl W. Stephan 2253 Geneva Ave. N. Oakdale, Minn 55119 C. Special Use Permit-- Centstry and Iv AvenueIvy (Pearson, Estates) Secretary Olson said the applicantcant i s requesting approval of a '9 PP specialusepermittobuilda245lmobile, home park. Staff is recommending9 approvalsubjecttotheconditionslistedintheirreport, The Commission discussed with Public Works Director Hftti der the ro osed upgrading of Century Avenue and McKnight Road. P P Dick Pearson, 1959 White Bear Avenue, indicated he was ` concerned withthe15footeasement. If he does give it to the City he does not want to be charged for assessments on that property in the future. Tom Dunwel l , Buetow and Associates architect said thee ntenton of the easement was- be able to construct a road on it. Mr. Pearson indicated he would be interested in getting approval from the City to have a storage area for boats, trailers, motor homes, etc. They do have suffi room for such an area. Mr. Pearson indicated he would prefer not to have on- street parking.Two parking spaces for each unit will be provided. The Commission discussed the provision of storm shelter 'facilities for the re i dents of the park and the best location for the shelter to provide easy access to all residents. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal. The applicant and the - Commission discussed the proposed radi n plan for the site. He al discussed g g P so i scussed the proposed phasing of develop-ment. They intend to provide erosion control of 'the si Commissioner Pel 1 i sh moved the Pl anni n Commission recommend to the L44LX o ua c. 1_a rpe r'.e5 Qh.io ro i n a s De. a us t for mobe home park for up to 245 units sub ect to the f 1 ovt• nrnndifinnc• _ g l . Approval of a grading permit within one year of specialal use P erri tapproval. P 2. Complete the following before a radi n permit i s issued:9 gp a. Deeding of seventeen feet of right-of-way adjacent to Highway 120 to the State Highway Department. b. -Deeding-of a fifteen -foot wide utility easement, al on 9 the west property line to the City. c. Deeding of a =thirty -foot _wide street and utilityqty easement for .IvyAvenue, from Century Avenue to Ferndale Street, 3 10 -4 -82 d• Approval of a grading , d .rg g, rainage, util and erosionbytheCiEngineer* A cash control planescroworletterofcredit, the amounttobedeterminedbytheCityEngineer, shall becom1iance y 9 provided to guaranteePwiththeerosioncontroltan, 9 ee e. Approval of the turnip radii • Marshal. R • • g on the private streets b the Firead> > shall be designed to a y re 9 A bus tu rn- around allow for emergency vehiclesandbusloopoparoundblock "N rn - ar -around block "N". ound shall be allowed Each lot shall be allowedowed or ne exterior storage shed for J t)o more than120squarefeet. Such shed must be kept i workmanlike repairrpainted, p and 4. There shall be no exteriorerror storage of equipment i ncludinandotherrecreationalvehicles, 9 bike s, boats, 5. No access shall be allowed to Century Avenue. 6. No construction or radin s9g hal be allowed to disturb the to marack grove. 7. The private sanitary sewer, mains and streets shall be coto .y , water mabeconsistent. with Maplewood and constructedSt. Paul water utilityity standardstoensureareasonablelevelofservice. 8. All utility, installati shall be underground. 9. The private streets must be a -t least 28 feet n w dth,w th parkingonesideonly. P ng on 10. Water lines must be flushed th at least once each year or as re ui reenvironmenta1hea1thofficer, q ed by The site plan and landscapingndscaping plan must be reviewed aCommunityDesignReviewBoardand approved by theTheBoardshallg giv sa1 con 'to: P consideration a. Varying the placement of homes -on the site where practical- .- b. Minimizing the affect •of the noise from Century venue b 'and landscaping, y y berms ng C. Landscaping shall be laced so as1snot to hamper the removal orplacementP ent of mobi 1 e homes on t h e - s i t e . 12. All storm water discharge •must be directed to the wetl and to thee west.No connection to the Cityy ewer sha be al 1. 13. A mobil home may not b -y e moved onto .a lot until the followingowi 'ng scompleted: a. A street is paved in front of the lot, b.Utilities are available, s c. A foundation, sidewalk 'k and driveway are completed. d. Required trees shrubs or berms ng must be i n 1 acP e. 4 10 -4 -82 14. Sod for lots must be i n 1 ace thi days after a 1 'P y ,Y of s occupied, or a letter of credit or cash escrow deposited with the Director of Commui i tYDevelopmenttoensureinstallation. 15. All mobile homes must be new at the time of installation skirted and. tied down. Skirting shall extend from the frame of the chassis to the ground. Skirting must be painted to match the mobi 1 e:- home. 16. All-tie-downs and foundations must meet the State Bubuf3 ding Code. 17. A Storm shelter or shelters to accommodate 500 persons shall be provided, must rema i n free of storage and be central located in the mobile home park for access during emergencies, 18. The sign regulations for the R -3 district shall apply. 1 The followi minimum setbacks shall apPP : Y a. Twenty feet to a private street b. Thirty feet to a public right -of - way c. Five -foot side yard setback on the side o osi the entryPP . Y d. Twenty -foot side yard setback on the entry side. 20. No structures shall a owed in a requ.i red setback, exe P t for an accessory bui in the twenty -foot side yard setback. Such accessory building must have a side yard setback of at least five feet. 21. Construct at least a thirty -inch sidewalk from the driveway to each mobile home entrance. 22. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 23. The developer shall provide traffic control signs as required by the Director of Public Safety, 24. Compliance with all pertinent State Statutes a -and/or regulations. 25. This • special use permit shall be reviewed two years after the grading permit is issued to determine compli with conditions and whether a change in conditions is necessary to resolve 'problems that may have developed. The Planning Commission also recommends the following be added to the findings of fact in the proposed resol for the special use P ermi t: 3. Approval of this special use permit does not constitute approval of the site lan b Planning-Commission, PP p y the _ Commi ssi oner Fischer seconded Ayes--Commissionerssioner AxdahY 1, Barrett,Ellefson, Fischer, Howard, Kishel, Pellish, Prew, Sletten, Whitcomb 5 - in_n_00> d ot MEMORANDUM t: TO= City Manager FROM: Associate Planner--Johnson c oSUBJECT:Special Use Permit -- Mobile Home ParkLOCATION: : 940 Frost Avenue APPLICANT /OWNER Harold Freitag = _• -n Z DATE: September 30, 1982 ; -'' = L-`:; r. -- -- E c 4.- SUMMARY OF THE PROPOSAL Request Approval of a special use permit to increase the number of rmhomesitesfrom44to45. pe anent mobile Protiosal 1. Convert the former easterly drivewyy entrance from Frost Avenue to amobilehomesite . 2. The access was closed by Ramsey County when Frost Avenue was upgradedduringthefallof19810 CONCLUSION Analysis The most southerly mobile home encroaches upon the recently acquiredright-of-way f y c q edrigyorEastShoreDrive. The issue i s, should this setbacknonconformitybebroughtintoconformanceasaconditionofthisrequest. Ramsey County has an agreement with the owner that this mobile home cancontinuetoencroachaslongasitdoesnotcauseasafetyproblem. I t iyp slocatedonahillaboveEastShoreDriveandduringsummer, it is screenedfromview. The County's agreement is tuadeae to remove the 'q e tra11 er i f asafetyproblemarises . However, during winter, the trailer is an eyesoreandshouldbescreenedifitist y o remain or the add -on portion removed. The only other concern is the lack of screening alo Frost Ave h 9 g u Theadditionoftherequestedmobileehomeisnotsignificantenoughto - requireextensivescreeninimprovements. rovements .9 P I t i s suggested that i f the park everexpandstotheeast, that this screening should be a condition of approval.pp oval. Recommen Approval of a special use permit for a 45 unit mobile home ar k includingpninetransienttentandrecreationvehiclesitesandnineteen- - tourist cabinslocatedatEastShoreDriveandFrostAvenuesubjectto:3 1. The add -on portion of the southerly 'y obi 1 e home shall be removed pritoabuildingpermitbeyngissuedforamobilehomeon " -way" site.the .closed drive S, 2. The mobile home on the "closed driveway" site shall be set back from Frost Avenue at least that of the adjacent mobile homes. 3. The special use permit shall be subject to Council review in five years. r 4. Existing living trees that provide screening from .East h Drive and Frost Avenue shall not be removed without - permission from the fommuni ty Design Review Board 2 - BACKGROUND Site Description Size: 6.52 acres Existing Land Use : A mobile home park with 44 permanent nfWi 1 e home sites , 19 tourist cabins, nine transient sites for recreation vehicles or tents, and an office /dwelling Surrounding Land Uses North: Frost Avenue. Across Frost Avenue, railroad right -of -way and Keller Park. East. East Shore Drive (Frost Avenue Connection) Across the street, single dwellings and undeveloped land planned for medium and lower density residential use. South: Multiple dwellings and East Shore Drive West: Wetland and multiple dwellings DEPARTMENTAL CONSIDERATIONS Planning 1. Land Use Plan Designation:RM- Residential Medium Density Z. Permitted Density: 22 people /net acre 3. Proposed Density: 17.3 people /net acre (Includes 1.3 acres used for the nineteen tourist cabins) 21.6 people /net acre (Excludes the 1.3 acres) 4. Zoni ng : BC, Business Commercial and R -1 , Residence District (Single Dwelling; The tourist cabins are .1 ocated entirely in the Busines ommerci al district. 5. Compliance with Land Use Laws a. Statutory Section 327.20(6) of State Statutes was amended in 1982 to require mobile home parks to provide for the shelter or safe evacuation of park residents in times of severe weather, b. Ordinance _ 1) Section 911.010(7) states that "a specialal use fermi t may be issuedpRy for a mobile home park." The park was established in 1920. Its presence prior -o the adopti of the zoning code has permitted its operation to date without a special use permit. 3 - 2. Section 912.100 States that where a right -of -way taking reduces the reqred setba k g q c of an existing structure(s), that structure shall notbeclassifiedasnonconforming, so long as the structures were lawful at the time of the taking. The present setback averages between t f 9 en andfifteenfeetalongFrostAvenue. One trailer encroaches upon the East Shore Drive right -of -way. (See other a enci es - -Rati se Cou9y Publ i cWorks.) . Emergency Preparedness 1. The laundry /rest - room facility has about 716 square feet of space thatqpt can be used as a storm shel ter. At three square feet per person, thisfacilitycouldshelter238persons (thre square feet was established as a standard when reviewing the Beaver Lake Estates Mobile Home Park.) 2. The planned park population (2.5 persons unit x 45 units) s} would be 113 persons. The actual population is lower because only one person livesinseveraloftheunits. 3. Storm shelters should have the capacity of at least eighty percent of a arks' s planned g y p p population. This park could have a population of298personsbeforeadditionalshelterterwouldbenecessar .y Public Works Water and Sewer are available Other Agencies 1. Ramsey County Public Works a . The County w i l l permit the existing sign and garage located neartheofficeonFrostAvenuetoremainuntiltheyare50/ or more damaged by any cause, in which case they must be removed from the Frost Avenue right -of -way. b. The southerly most trailer is located on the rightgway of East Shore Drive. It may remain as long as it does not cause a saft--t problem should yproblem. This P ul d be resolved as a conditionon of anynewdevelopment. 2. Minnesota Department of Health a.. This mobile home park is inspected once a year by the Department of Health and is in compliance with their licensing requirements. b. They have no objecti to an additional site, provided City approvalrovalisobtained. c. State law requi a ten -foot setback from a road s urface, a ten -foot separation between trailers and their attachments-, and 2800 square feet per mobile home. The proposed si meets these req ui re-ments. am 4- mb Ens 2. 3. 4. losures: Location Map Property Line Map Site Plan Applicant's Letter of Request 5 - o| Koh Imon LokeLcke cr a. fir NW1NjIFLoke Cou lLLEL KILLWAN ID LA. RNO la w 60 1 A dc 9 1 1Aj26 AL BELL ISTON AVE. AVE F RY LAJWU I Lu L ER Al j I b LOC MAP ' Map I KOHLMAN tDROOJK SE E: ANDVIEWICAI S K I AVE FRISSIE AV E. 30 m rIA] And t aw lb a 0000 000, mopo 000l as t ! 471 Ok -WNW Nk I#k4 4f Lw y o. 11-oo Z. Nk Map 2 PROPERTY LINE MAP I 4 Closed Driveway - Proposed Trailer Site CD t Lj 6.11 _ t Laundry B u i l d i n g 25 x 3 7 ) TkV Seasonal Sites cl2 Tourist Cabins Ll 7 Mobile Homes r F t Map 3 -- SITE PLAN 4 N lrq L7 Zn looe 000, 000. oa o 0q; 8. NEW BUSINESS A. Special Use Permit--940 Forst Avenue (St. Paul Tourist Cabins) Secretary Olson said the applicant is requesting approval of a special use permit to increase the number of permanent mobile home sites from 44 to 45. Staff is recommending approval as outlined in their report. Commissioner Fischer moved the P1 annin Commission recommend to the City r f I ------ a 45 unit mobile e ar i ncl ud_jng nine i e i ent' and recreat0..0 v sip tes an nineteen tourist cabins located at Ea S Drive andL F ost 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 buildin 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, 3. 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. Co,- ii s s i oner S l etten seconded Ayes -- Commissioners Axdahl , Barrett, El l efson, Fischer, Howard, Ki shel , Pel l i sh, Prew, Sletten, Whitcomb. i MEMORANDUM TO Mana C . i f-;,-ti r.1 , ;. r.v ' ._ f µ FROM: SUBJECT: Thomas Ekstrand-- Associate Plan''=PlannerLotWidthandLotAreaaar1ancesLarkAvenue P -. °- APPLICANT /OWNER:Leighg Investments Inc.DATE:September 30, 1982 Date M- ---- - SUMMARY OF THE PROPOSAL Request Approval of a lot 550 square feet to width v •variance of five feet and a lo area variancebuildahousece ofeon70afootby135footlot. Proposal Refer to the applicant's letter dated 9 -8 -82. CONCLUSION Issues advantage of approvingThea this -The eliminating a 9 i s variance i s that the lot wouldaneyesoreofweedsanddebris. be developed, of the neighborhood s • The disadvantage i s that the densityalreadyexceedsthe. maximum allow tyallowedinthelanduseplan, The City has approved variancesances of this size in developed neighborhoods 'past. Since there are no other vacant hoods i n thet1ots n the neighborhood the additionseshouldnothaveaseriousaffect ' dition ofonemorehouse Approval of the variance would on the neighborhood density.ld add to the City s housing stockavacantlot. g ock and clean up Recommendation Approval of the enclosed resol • the basis uti on approving a lot width and area 's that. varlan..e, on 1. There is a hardship sincence t heif P property could not be put tothecoderequirmentswerestrictlyp a reasonable useyenforced . 2. The variance would be in keeping with the spirit 'p t and intent of the ordinance. 3. The City has approved comparable -p able lot width and area variances 'n the past. 4 _- The variances would permit _ P the development of the site and ' 'eyesore. e i m pate an BACKGROUND Site Description 1. Lot area: 9,450 square feet 20 Existing land use: Undeveloped. Surrounding Land Uses All surrounding properties are developed with single d w e l l i n g s . Past Actions - 10- 19 -78: Council vacated the Barclay Street right -of -way which makes up the westerly 30 feet of the site. As a point of clarification, the county plat map is incorrect in showing that vacated Bart cay. Street was divided into 33 foot and 27 foot sections. Accord- ing to the Ramsey County Surveyor, the actual division is for 30 foot halves. Related Cases: 6 -7 -79: The city approved a lot width and area variance for a 60 by 135 foot parcel on West Kenwood Drive. 12-6-79: The city approved a lot area variance for a 9,920 square foot P arcel on Birmingham Street, south of Summer Avenue. 5-6-82: The city denied a lot width variance for a 40 foot wide P arcel on Barclay Street, north of Ryan Avenue. DEPARTMENT CONSIDERATIONS P1 anni ng 1. Land Use Plan designation: RL, Low Densit y Residential 2. Maximum allowed density: 14 erson -sp per net acre . Existing density in the neighborhood: 14.66 persons. per net acre The neighborhood already has two homes more than the Land Use Plan would permit, 3. Zoning: R -1, Residence District (Single Dwelling ) 4. Ordinance requirements: a) Minimum lot width - -75 feet b) Minimum lot area -- 10,000 feet - 5. Statutory requirements: State law requires that the following findings be made before a variance can be granted: 2 a. Strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship" as used i n connection with the granting csf a variance meansP99 _ the property in question cannot be put to a reasonable use if used under conditions all owed 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. Public Works 1 . U t i l i t i e s available: Water and sanitary sewer 2. Drainage: The lot drains directly to Lark Avenue and to the west through neighboring backyards to Lark Avenue. Citizen Comments The adjacent property owners on the east and west sides of the proposed site are in favor of the development of this property to eliminate the weed patch and debris. The neighbor to the east also commented that they would prefer if the new house would not have windows on the east, for their privacy, and also that the new home be of a comparable value and style to those in the neighborhood. jw Enclosures: 1. Location Map 2. Property Line Map 3. Applicant's Statement dated 9 -8 -82 4. Resolution Eck o. Q Vf KONLMAN AVE. ROAD r Ra A7 VId --- s9- LMAVE. z 'Tot LLA LOCATION MAP go z In A 1 Air 1p 0 p 1 ; t I is 40, Jl T -r-..T I El IjibEl I e A 4 111 .1 1 1 1 1 1 4k rA IL A-i z tZ lil El 1 T E-1 7 1 I Arzc 7*:- - Ar Tr ift NOW % 1.4 -; -, r PROPERTY LINE MAP r•r Tt W A-T Tr ift NOW % 1.4 -; -, r PROPERTY LINE MAP t4 I A Nww r-N Loe 4 r•r Tt W t4 I A Nww r-N Loe 4 STAT111r: iT Ref; Admin, variance Application for Lot 15, Block 8 Sabin Additionto0ladstonealongwith1/2 of adjacent vacated Barclay St. Paragraph 5 . a . Strict enforcement of the ordinance would leave an unbuildablePieceofground, a spot which has been drawing- neighbor co.- plaints concerning kids using this lot as Playground, 'rhe neighbor to the west has indicated an unwillingness to partwithanyoftheBarclayStreetwhichhehasacqquired. Paragraph 5. be The proposed use is for Single Tamil residential h whichyous n ! i ch is fully consistent with the nei . Dven though this lot is less than 70 wide there is ample roomforahouseof24x40tsizewithasingledetachedgarageintherearwhilemeetingallsetbackrequirements.The average lot size along the south side of hark Ste remainsinexcessof80' wide. RESOLUTION NO. COUNTY OF RAMSEY CITY OF MAPLEWOOD RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF A VARIANCE WHEREAS, a variance request has been initiated by Leighh = Investments , Inc. for a five foot lot frontage variance and a 550 square foot lot areaq varianceance for the following described property: Lot 15, Block 8, Sabin Addition to Gladstone along with half of the vacated Barclay Street right -of -way adjacent to said lot and one half of the vacated alley abutting said Lot 15. Such above property being also known and numbered as Street, Maple- wood, Ramsey County, Minnesota: WHEREAS, the procedural history of this variance request is as follows: 1. That a variance request has been initiated by Leigh Investments, Inc., pursuant to Chapters 912 and 1000 of the Maplewood Code and Section 462.357(g) of State Statute; 2. That said variance request was referred to and reviewed by the Maple- wood City Planning Commission on the day of , 1982 at which time said Planning Commission recommended to the City Council that said variance be approved; 3. That the Maplewood City Council held a public hearing to consider the variance request, notice thereof having been .published and mailed pursuant to law; and 4. That all persons present at said hearing were given an opportunity to be heard and /or present written statements, and the Council considered reports and recommendations of the City Staff Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MA PLEWOOD, RAMSEY COUNTY, MINNESOTA that the above- described variance be granted on. the basis of the following findings of fact: 1. There is a hardship since the property could not be put to reasonable use if the code requirements were strictly enforced. 2. The variance would be in keeping with the spirit and intent of the ordinance. 3. The city has approved comparable lot width and area variances in the past. - 4. The variances would permit the development of the s -tte and eliminate T an eyesore. = Adopted this day of 198 Mayor - Manager ATTEST: City Clerk 2. A a. -. B. Variances--Lark Avenue (Leigh Investments Inc.) Secretary Olson said the appl- i cant is requesting approvalroval of a lot width variance of five feet and a lot area variance of 550 square feet to build a house on a 70 foot by 135 foot lot. Staff is recommending approval. Commissioner Kishel moved the Planninq Commission recommend t the CitCouncilapoftherapalwidandareavarian on the basis that: - -- 1. There is a hardship since the property could not be put to a reasonablepPYpesonable iuse f the code requirements were strictly enforced. 2. The variance would be in keepingordinance.ping with the spiritt and intent of the 3. The City has approved comparable lot width - past. and area variances n the 4. The variances would ermit the d 'p e evelopment of the site and el imihateaneyesore. Commissioner Fischer seconded Ayes - -Comma ssi oners Axdahl , Barrett,El 1 efson, Fischer, Howard, Ki shel , Pel l i sh Prew •S1 etten, Whitcomb,tcomb. 10 -4 -82 MEMORANDUM A".. (40 TO 'City Manager Acti ar , b ,. FROM: Associate Planner--Johnson SUBJECT: Code Amendment -- Double D w e l l i n g s ..Endor DATE: September 22, 1982 - : 14od31- Vie; e _ DateINTRODUCTION= Request Revise the zoning code to delete the requirementrementq for two entrances to eachunitofadoubleadwelling . Reason for Change On June 7, the Planning Commission considered a zone change request from F.Farm to -R -2 Residence District (Double Dwelling) for Grant Haffely, 1559 EastCountyRoadC. The zone change request was recommend ed for approval , butaclarificationwasrequestedtothelegalityofrequiringtwoentrances foreachunit. Objective El imi nate the zoni ng code i ncons i steno wi th th Bui 1 di n Code y e requ 'rements of the Uniformg . CONCLUSION Analysis Mapl ewood' s present requirement for two exits for each unitnit of a double dwell-ing is unenforceable according to the Attorney General's office enc 1 osed letter).A local code cannot be more restrictive than the provisions of the UniformBuildingCode (UBC), unl the re ul atorgy purpose of the local code is differentthanthatoftheUBC. The zoning code requirement for two entranceses was adopted prior to the adoptionoftheUBC. Its purpose is assumed to have been for occupantpt safety,. the sameregulatorypurposefortheUBCrequirement. Therefore, the zoning code should y with the UBC be amended to eliminate the inconsistenc 9 Recommendation (.Requires at least four votes for approval) Approve the attached ordinance to delete the requirement for two entrances toeachunitofadoubledwelling. Reference Information Existing Code Section 905.010(2) of the zoning code requires each living unit of a double dwelling to have "a private front and rear entrance." Procedures 1. Planning Commission recommendation 2. City Council: First reading Second reading and final adoption 0 Enclosures: 1. Letter from the State Building .Code Office Z. Ordinance ORDINANCE NO. AN ORDINANCE AMENDING SECTION 905 OF THE MAPLEWOOD ZONING CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 905.010(2) of the Maplewood Code is hereby amended to read as follows (language to be deleted is crossed out): 2. Double dwellings, either one or two stories, double bungalows with court or patio, each living quarter having a minimum of six hundred square feet (600 sq. ft.) of floor area. Eaeh -RiUst- bare -a -pro vate- freRt -.asd- rear- eRtraRee: Duplexes must have a minimum of twelve hundred square feet (1200 sq. ft. } of floor area. Section 2. This Ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed by the City Council of the City of Maplewood, Minnesota thi s day o f 1982. Mayor ATTEST: City Clerk STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION SAINT PAUL BUILDING CODES AND STANDARDS- DIVISION August 30, 19 82 408 METRO SQUARE 7TH AND ROBERT STS. ST. PAUL, MN 55101 hone: 612/296 -4639 Mr. Randall Johnson Associate Planner City of Maplewood 1902 East County Road B Maplewood, MN 55109 Dear Mr. Johnson: Per your anquixy regarding whether or not the City of Maplewood could, via a zoning ordinance, require two separate entrances for each unit of a double dwelling. The issue has been discussed with Larry D. Starnes, Special Assistant AttoGeneral. The State Building Code supercedes Municipal Building Codes (Minn, Stat . 16.851)the intent to provide uniform standards for building construction. Municipalities do have specific regulatory authority to adopt ordinances for land use and zoning which promote the public health, safety., morals and eneral welfare. These ordinances ". g ces classify as zoning ordinances".' Should an ordinance seek to control the Wenner of construction of any portionofabuildingcoveredbytheStateBuildingCode, the code is Prewtive and the ordinance is not enforcable. (See City of .Minnetonka vs. Mark Jones Assoc.306 Minn. 217, 236 N,W, 2d 163 (1975)) . The code does address the number and arrangement of exits frcgn two -fam' 1 dwellings .YTheCityOrdinanceinquestionalsoaddressesthenumberandarrangementof exits from two--family dwelling, rMe city ordinance appears to be unenforcable because it regulates an aspect of construction, which is the exclusive v'pro ince of code. s I have enclosed a copy of an attorney general's opinion dated February 21 1980 which you requested. Feel free to contact our office if we can be of further assistance. Yours truly, BUILDING CODES & STANDARDS DIVISION eqElroyBahl Codes Administrator EB/cj cc: Iaar Starnes Enclosure N EQUAL OPPORTUNITY EMPLOYER i ture _.A U 6 MINNESOTA LEGAL REGIS R FEBRUARY 1980 Vol. 13, No. 2 IN THIS ISSUE Opinions of the Attorney General Hon, WARREN SPANNAUS CrrrES: COUNTIES: BUXIDLvG CODE: APPLICA- TION: 'Minnesota Statute § 16 -M (Sapp. 1979) does not affect the applimbUity of building criteria hav ng statutory authority independent of the State Building Code. James J. Hiniker, Jr. February 21, 1984 Commissioner of Administration 59a -9 2nd Floor, State Administration Building Mr. Ref. 125a, 50 Sherburne Avenue 188, 338, and 270c) Saint Paul, Minnesota 55165 In your letter of August 8, 1979, you submitted the following: FACTS Minn- Stat. § 16.868 ( Supp. 1979) provides in rele- vant part that: Notwithstanding any other provision of law to the contrary, a county that is not a metropolitan county .... may provide . that no portion of the state building code except : , I- - *9 require- ments for handicapped persons shall apply vrithin its jurisdiction." You point out that the Minnesota State Building Code consists of rules comprising a code of standards for the design and construction of buildings. These stand- ards include national and statewide specialty codes, adopted by reference, with modifications, as well as standards promulgated by you under specific statutory authority. You then , ask substantially the following: QUESTION ONE If a county rescinds the Minnesota State Build=ing Code pal suant to Minn. Stat. $16.865 (Supp. 1979) does the provision ". . . except the building requirements for handicapped persons . . ." mean that the county must adopt and enforce Chapter 55 (2 MCAR H 1.15501 - 1.15508) of the State Building Code? OPINION We answer your question in the affirmative. In excluding "building requirements for handicap- ped persons" from the referendum, the manifest intent of the legislature was to exclude . all accessibility and useability requirements for handicapped persons. Build- ing code provisions which relate specifically to handi- capped persons are located in 2 MCAR § 1.15501- 1.15508 a section often referred to as chapter 55. The phrase "building requirements" is not meant to mean all provisions concerning the design and con- struction of buildings. Such an interpretation would mean that without regard to the referendum, all coun- ties would be required to enforce provisions concerning the design and construction of buildings. Since such provisions obviously would affect all persons, whether handicapped or not, and since the scope of the state building code is the design and construction of build. ings, the end result would be that all counties would, in effect, be required to enforce the state code. This Subje-ct Qp. N0. Dot04 CITIES: Counties, Building Code, Application. 59a -9 2/21/80 PUBLIC PARKS: Counties,-'Gifts. Page 7 330c- 2/21/80 would mean that section 16.868 would be meaningless. In order to give effect to the statute, we interpret sec- tion 16.868 as excluding only the accessibility and use - ability requirements for handicapped persons from the re erendum. Minnesota law generally requires each municipality to adopt and enforce the state building code. See Minn. Slat. 116-851 (1978), Op. Atty. Gen. 59a -9, February 14, 178. As stated above, the referendum permitting a county to not adopt the codA does not Pxtencl }o - hap-ter 55. Tnerefore, in regard to the "building require - ments for handicapped persons" the requirements that A. county- "adopt and enforce" still remain in effect, reC ardless of the referendum. As a result the enforce- n:e: t provisions set forth in Minn. Stat. §16.84 (1 s7 8) e: seq. are still in effect for purposes of enforcing. c'.':_ 55. These procedures include providing for en forcement by building officials, for the issuance of building permits, for th imposition of a surcharge, for, appeals, and so on. QUESTION TWO If a county rescinds the Minnesota State Building: Code pursuant to Minn. Stat. § 16.868 (Supp. 1979) will all of the following be rescinded? A. State Building Code (2 MCAR § 1.10101- 1.159011.' 13. 17rilf onn Buildhig Code. - C. Minnesota Mechanical Code. D. Design and Evaluation Criteria for Energy Cori servat on in New Buildings, Additions and Remodeled. Elements of Builders and Standards for Criteria E)ist- Ing in Public Buildings. E. ASHRAE Standard 90 -75. F. Standards of Performance for Solar Energy Sys- tem and Subsystems Applied to Energy Needs of Build- ings. G. Flood Proofing Regulations of the Office of the Chief of Engineers, U.S. Army. H. Minnesota Plumbing Code. I. National Electrical Code. J. State of Minnesota Mobile Home Installation' Standards. K American National Standard Safety Code for, Elevators, Dumb Waiters, Escalators, and Moving Walks. _ L. Uniform Building Co dQ Standards. If. One and Two Family Dwelling Code. N. Design Criteria Identif ied Throughout the State Building Code. OPINI To the extent that the above dpcuments ax-6 8 t MINNESOTA LEGAL REGISTER USE'S 351 -820) Published monthly and containing all Opinions of the Minnesota Attorney General Office of Publication - 1414 Soo Line Building, Minneapolis, MIN 55402 Sold only in combination with Register - Mirror weekly) at $35.00 for 2 years in Minnesota. Out -of -state $37.00 for 2 sears. Payable in advance. Binder and index service included. Seclond -class postage paid at Minneapolis, M.N. part of the Minnesota State Building Code, we answer your question in the affirmative. Minn. Stat. § 16.868 (Supp. 1979) clea--ly provides that "no portion of the state building code," % % the e:e:ception of building requirements for Handicapped persons (see above), shall apply in certain counties in which a majority of votes is cast in the negative on a proposition involving the adoption of the cod`. The above - 1sted documents which are either adopted by reference or incorporated directly by rule into the state code contain many of the standards which together iurm the State Building Code. Since § 16.8b8 provides that "no portion of the state building code" small apply, the above documents, as a portion of the state code. are not. applicable in those counties voting to not adopt. It should be noted that this holding does not mean tl:at building standards having separate statutory au- thority establishing their existence and applicability- will be affected by a majority negative vote. Building criteria laving such separate authority may not be affected by the outcome of the referendum. For fur- ther discussion of this issue, refer to Question Three, infra. . QUESTION THREE 1 - If a county rescinds the code in an election author,% zed by- Minn. Stat. § 16.868 ( Supp. 1979) does Minnesota la provide for aiiy builC: ng'st.andares or vriterla in the following areas: . A. Electrical. B. Plumbing. - C.- -Energy. D. Steamfitting. E. Flood- proofing. OPINION Introduction As previously noted, the state building code encom- passes rules which form a code of standards concern- ing the construction and design of buildings. Although the code is composed of numerous sections and doeu- nments, some of which are rational and statewide spe- cialty codes adopted by reference, it is treated* as a single document both by statute and by legislative intent. See Minna Stat. § 16.81, subd. 4 (1978), 2 MCAR 1.10101. For example, except for a few isolated in- stances such as certain appendices to the code and the handicapped provisions referenced in section 16.868, there is no provision for the separate adoption and en- forcement of any particular section or portion of the The State Building Code provides that certain appendiee. annexes or supplemental material are not mandatory when Me Code is adopted. See 2 ?11C!iR § 1.10109(B). FEBRUARY 1980 code; a municipality must adopt and enfo:•ce the com- plete cele. Consistent with this view, section 16.8 addresses the applicability of the code as a sing'.e 4n d distinct entity 'when it provides that. Not%ithstanding any other provision of lays to the contrary, a county may provide that no portion of the state building code ... Shall apply within its jurisdiction." If a county votes to not adopt the state building code, the municipality will, in effect, no lon?er be sub- ject to the provisions of section 1&34 (19 7 s) et except in regard to chapter 55, supra,.) since it is those statutory which establish the cone and pro- vide for its enforcement Ho %vever, there are laws such as Minn. Stat. §§326.243 and 326.37 which relate to cri- teria and standards for buil "ding constri -ction in spe- cialized areas. While these statutes mat• contain the same or similar subject matter to that covered in the state building code, their applicability and existence are not necessarily dependent upon the viab :lity of the code. Thus, for each subject area listed in y o:ir ques- tion, it is essential that the law regarding the given topic be reviewed to determine if there is sufficient statutory authority to establish statewide standards not 6ependent upon the existence of the state bu itdiilg code. There is ample evidence that the legislature did not intend to automatically eliminate all building stand- ards in the state, regardless of their dependence on the state building code, when it provided for a referendum in section 16.868, "notwithstanding any law to the con- trary." For one thing, section 16.868 refers to the code as a distinct entity- and not to the subject natter with with the code is concerned. In addition, since statutes such as those concerning electrical and plumbing stand ards were never repealed, the presumption that the. legislature intends all statutes to be effective and cer- tain adds credence to the view that standards indepen- dent of the code are still in force. See %linn. Stat. 645.1:(2) (1978). A- Electrical Standards. Minn. Stat. § 326.2 (19 78) provides for safety. standa ds for electrical installations as follows: All electrical wiring, apparatus and equipment for electric light, heat and power shah ... be installed M conforrmity v%dth accepted standards of construc- tion for safety to _life and property. For the purposes of this chapter, the regulations and safety standards stated at the time the work is done in the then most recently published edition of the National Electrical Code as approved by the United States of America Standards Institute, and the National Electrical Safe- ty Code as issued by the National Bureau of Stand- ards, shall be prima facie evidence of accepted stand- ards of construction for safety to life and property; provided further, that in the event a Minnesota build- ing code is formulated pursuant to 11innesota Sta- tutes 1965, Section 16.85, containing approved meth- ods of electrical construction for safety to life and property, compliance with said methods of 'electrical construction of said Minnesota building code shall also constitute compliance tivith this section, ..." emphasis added). This statute establishes standards for electrical instal- lations by t•equiring that work conform to accepted FEBRUARY 1984 standards of construction. The statute recognizes that compliance with the state building code meets this ac. cepted stzndard. However, even though .section 326.243 references the code, it. stands as an independent stand- ard and is not affected by the section 16.868 referendum submitted to the electorate. Consequently, regardless of the status of the state code, the electrical standards set forth above are still effective. Section 326.243 also provides that, nothing herein contained shall prohibit any political subdivision from making and enforcing more stringent requirements than set, forth herein..: ' We note that while nothing in section 326.2437 would prohibit a local authority from establishing criteria re- lated to electrical installations, the statutes establish. ing the state building code would prohibit such action. By providing that, The state building code shall apply statewide and supersede the building code of any municipality..." Minn. Stat. 116.851 (1978)) the legislative intent vas that the state building code preempt municipal laws concerning the design and construction of buildings in order that there be uniform construction standards and that the problem of "[a] multitude of laws, ordinances, rules. regulations and codes regulating the construc- tion of buildings and the use of materials therein...." be prevented. See City of Mine: c,r:ka v. Jones, 306 Minn. 217, 236 N.W.2d 163 (1975) . As a re c' t while the leg- islatively estabIlished standards for electrical wiring, apparatus and equipment for electric light, hcat, and power contained in section 326.243 are appropriate, a municipality is prohibited from establishing - further criteria. . B. Plumbing Criteria: 311nn. Stat. 1 326.37 provides: The state commissioner of health may, ' by rule, prescribe minimum standards which shall be uniform, and which standards shall thereafter be effective for all new plumbing - installations, - Including' addi- tions, extensions, alterations, and replacements con - ne%AaC with any water 'or sewage disposal system owned or operated by or for any municipality, nsti- tution, factory, office building, hotel, apartment build. ing, or any other place of -business regardless of lo- cation or the population of the city or town in which located. Violation of the rules shall be a misdemeanor. The commissioner shall administer the* provisions of sections 326.3? to 326.45 and for such purposes may employ plumbing inspectors and other assistants. Here the legislature has provided that the Commis. sioner of Health may establish rules prescribing mini- mum standards for new plumbing installations. Pur- suant to this authority,. the .Commissioner established the Minnesota Plumbing-Code presently Iocated in 7 MCAR H1.120.1.135. The Commissioner of Administration, whose auth- ority is to establish the code of standards `governing matters of structural materials, design and construc. tion, fire protection, health, sanitation and safety" Minn. Stat. 316.85 (1978)) has authority to hold all state hearings regarding any subject matter dealt with in the code: Subd. 4. The commissioner, notwithstanding any law to the contrary, shall hold all state hearings and make all determinations regarding any subject neat- 9 ter dealt with in the code including those in which another department or agency proposes to a:lopt or amend rules and regulations which are incorporated by reference into the code or whenever the commis- sioner proposes to incorporate such regulations into the state building code. In no event shall a state agency or department subsequently authorized' to adopt rules and regulations involving state buildir, code subject matter proceed to adopt the rules and regulations without prior consultation with the cort- missioner." Minn. Stat- 1 16.86, subd. 4 (1978). The Minnesota Plumb- ing Code is incorporated by reference Into the state building code in 2 MCAR 11.18701; therefore, under sub- division 4 the Commissioner of Administration has rule. making authority in regard to plumbing installations. As a result of sections 326.37 and' 16.86, subd. 4, both the Commissioners of Health and Administration have authority over plumbing criteria. In such a situation where two statutes potentially conflict, the rule of sta. tutory construction is to construe each, if possible, ' so as to give effect to both. Minn. Stat. 1 645.26, subd. 1 1978). While the Commissioner of Administrat'ion's au- t ority, originally enacted in 1971, appears at first im- r to Supersede that of the Heartli Corr.rr irsinner, I not repealing section 326.37, the legislature's appar- ent Intent was that the two statutes be read together. 7 Is interpretation is bfllstered by the statement in s tion 16.86 that the Commissioner has the authority to hold hearings even when "another department or z 7ency proposes to adopt or amend rules..." The dual r:a;,onsibility of the two -departments was within the contemplation of the legislature. Section 16.86, subdivision ' 4 requires that in regard to plumbing installations, the Commissioner of Admin- istration hold state hearings and make all determina- tions in regard to the adoption or amendment of the proposed rules. By so providing, the legislative inten- tion expressed in section 16.83 that there be "uniform performance standards" is fulfilled. While recognizing that sorne hearings will cut:cern proposals for' rules which are "adopted by reference," the legislature has nevertheless provided for one standard statewide in a situation such as the present one where there is* dual jurisdiction. It is important to note that ' the plumbing code remains a Minnesota Health Departm. nt rule, in- corporated by reference into the code. _ Under the above rationale, the treatment of plumb- ing standards is as follows: The Health Department rules concerning plumbing installations were adopted by reference by the Commissioner of Administration and are presently part of the state building code. In those municipalities in which "no portion of the state building code ... shall apply" the code as a distinct entity has no applicability. However, the rules. of the Commissioner of Health found in 7 MCAR 1.120.1.135,ha' ing an. existence separate from and not dependent upon the code, have the foree and effect of law and are applicable on a statewide basis for those structures described in section 326.37. In this regard it makes no difference if the hearing for the Commissioner of Health's rules is held by the Commissioner of Admin- istration or if he makes the final determination for the adoption or amendment of rules. Consequently, - if a county determines to rescind the.codi , the independent 110` statutory authority of the Commissioner - of Health which resulted in the Ainnesota Plumbing Code remains unaffected and the criteria so established remain in effect. - C. Energy Criteria: In 1974 the Minnesota legislature enacted Minn. Stat. 3116H.01 et seq. which created the Minnesota Energy Agency. After recognizing that the demand for energy, if continued, would result in the serious deple- tion of fuel, the legislature provided for numerous conservation standards throughout the state. Many of these standards, including some established or -authori- ze;d in Minn. Stat §§116H.12 and 116H.129 (1978), and prbmule aced by the Commissioner of Administration, have no relationship to the state,building code.** These conservation standards which are not included within the state building code are not a "portion of the state building code" and are, therefore, not affected by the outcome of the election authorized by section 16.868. However, many energy conservation- standards which were promulgated by the Commissioner of Ad- ministration in consultation with. the Director of -the Minnesota Energy Agency are part of the state. build- ing code. For example, section 116H.12, subd. 4, provides: In recognition of the. compelUnf need for energy conservation in order to safeguard the public health, safety and welfare, it is necessary to provide .building design and construction standards consistent with the most efficient use of energy. Therefore, the cornrnis. sioner of administration, in consultation N; - ith the diree- tor, shall, no later than August 1, 1975, and pursuant to chapter 15, promulgate building deslg n and con. struction standards regarding heat Ioss control, Illu- mination and climate control. Such standards shall ap- ply to all new buildings and remodeling affecting heat loss control, illumination and climate control. - Such standards shall be economically feasible in that the resultant savings in energy procurement shall ex- ceed the cost of the energy conserving requirements amortized over the life of the building. The stand.nrds shall >ccome part of the state buil ling code and be effective six months after promulgation. emphasis added).. By legislative mandate, standards such as those promulgated under the above -cited sta- tute are "part of the state building code. See 2 MCAT. 111.16001-1-16006. Unlike those for plumbing Installa. tions, these standards were. not "adopted by reference" and have no separate existence from - the - code. There- fore, if there is a negative referendum vote in a par - ticular county so that "no portion of the state building code ... shall apply" no energy standards shall be in effect for that portion of the county so voting. ' D. Steamf fitting Criteria. - The supervision of high pressure steam piping lies 00 See e.g. , 2 MCAR §§ 1.16201- 1.16207, the rules promulgat. ed pursuant to :Minn. Stat. § 116H.129 (1978) concerning minimum energy efficiency standards for existing residen. ces. This opinion takes no position on whether the general rulemaking authority in Minn. Stat. § 116H.08 (a) (1978) would perinit the Director of the Minnesota Energy Agency to promulgate rules providing conservation standards to building design and construction. Such would have to be determined under the provisions of the 2fiinnesota Admin. istrative Procedure Act. ' FEBRUARY 1980 oath the department of labor and industry. The department of labor and in-lustrti• shall super- vise all high pressure steam piping in connection with all building in this state and may presc: iree minimum standards which shall be uniform. The department shall employ inspectors and other assistants to carry out the provisions cf sections 326.46 to 326.52." . Minn. Stat. 9326.46 (1978). The authority of the department of labor and in- dustry to prescribe minimum standards is similar to that of the Commissioner of Health in section 326.37. However, the Commissioner of Administration has not incorporated rules on high pressure steam piping into the code. Tnus the only rules of statew'.de impact in regard to this matter are those of the department of labor and industry. Consequently, the applicability- of the state building code in a particular county is irre- levant to the applicability of standards concerning high pressure steam piping. The independent statutory au- thority for minimum standards expressed in section 326.46 _ is unaffected by the vote authorized by section 16.868. _ E. Flood Proofing. The state build ;nl - code a 3opts by reference, with certain modifications, the "Flood Proofing Regulations promulgated by the Office of the Chief Engineers of the United States Army. In addition, the code adopts the Flood Plain Zoning Map of the Department of Na- tural Resources. See 2 MCAR § 1.10110. Under the ra- tionale expressed in Section B of this opin'on concem- ing the separate authority- of the Commissioner of Health for plumbing criteria, rules of the Commission,- er of Natural Resources, such as the zoning map, would not be rescinded. However, the "Flood. Proofing Regula- tions" contained in the state building code would ro longer be in effect since such has no separate existence. While the Commissioner of the Department of Na- tural Resources has not adopted the above- referenced Flood Proofing Regulations" he has established some uIEs concerning building codes. 6 MCAR ;1.0069 (tiTR 89). To the extent these rules require a municipality to establish a building c. fie other than the state building code, the rules are not since, as previously noted, the state building code has superseded the code of a municipality. See this opinion, Question 'L hree (A), supra. However, rules of the Commissioner of the De- partment of Natural Resources which directly concern the design and construction of buildings and are inde- pendent of the rules of a municipality, will be unaffec- ted by a negative referendum vote under section 1G.868. WARREN SPATNTAUS, Attorney General Sheila S. Fishman, Spec. Asst.. Atty. Gen. C B D. Code Amendment—Double-Dwelling Entrances Secretary Olson said the proposal is to revise the zoning code to delete the requirement for two entrances to each unit of a double dwelling. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal. Commissioner Fischer moved the - P1 ann n_g Commi ss reccnend t t_ he_ Ci ty._ Counci l approve_ th_e resol;uti on to de et t re rement for two entrances to each uni tR dwe11 i rig i n_ order _to. make the zonin code consistent w t Uniform B 1 di n_g _code . Commissioner Pel l i sh seconded Ayes- -Commi ss i oners Axdahl , Barrett, E11 ef son , Fi scher, Howard, Ki shel , Pel 1 i sh, Prew, S1 etten, Whi tcomb e. MEMORANDUM T0: FROM: SUBJECT: LOCATION: OWPJER /APPLICAPaT: DATE: City Manager Associate Planner--Johnson Zone Change -- Do.ubl a Dwelling 1559 County Road C Grant Haffely September 23, 1982 Request Commission reconsideration of requiring two exits for each do 'uble- dwellingunit, as a condition of approving the applicant'sicant's zone changenge request. Background On June 7, the Planning Commission recommended approval of ' req for , pp the appl cant sreqoazonechangefromR -1,Si ngl a Dwelling, i ng, to R -2, Double Dwellingsubjecttotheprovisionof`'two exits bein ' - b g provided for each unit, as requiredytheZoningCode. Since the June 7 recommendation, Staff has received an opinionpneon from the AttorneyGeneral's office (attached), stating that the Ci zoning ordinan - g provisionfortwoexitsisunenforceablebecauseitismorerestrictivethanrequiredbytheUniformBuildingCode. In a separate Staff report Staff i ' provisionon sh s recommending thatthetwo -exit P shoulddbe removed from the Zoning Code. Recommendation Amend. the June 7, 1982 Commission recommendation to strike 'e the requirement fortwoexitsfromeachunit, as a condition of approval. mb Enclosures: May 27 Staff Report Letter from the State Building ode Administ9 i MEMORANDUM TO: City Manager FROM: Associate Planner, Johnson SUBJECT: Zone Change LOCATION: 1559 East County Rd. C. _ OWNER /APPLICANT: Grant Haffely DATE: May 27, 198 2 SUMMARY OF THE PROPOSAL A zone change from F -Farm Residence to R -2 Residence District (Double dwelling)to legalize a duplex. CONCLUSION Ana l ys i s The requested zone change is consistent with the intent of the Land Use Plan and the zoning code requirements for double dwellings. The site is located on a minor arterial street (County Road C) across from the Hazelwood Fire Station. No other double dwellings are located in this area;therefore, the occassional interspersing requirement for double dwellings in a single dwelling neighborhood is met. The density of the immediate area would remain less than that permissible. Recommendation Approve a zone change from F -Farm to R -2, Residence District (Double Dwelling) for 1559 East County Road C. on the basis that: 1. The proposal is consistent with the intent of the Land Use Plan. 2. The use will not detract from the use or character of neighboring properties. 3. The dwelling will help the community meet its low to moderate rental housing needs.. 4. The use Is consistent with the zoning code requirements for double dwellings. BACKGROUND Site Description Lot area: 22,869 square feet, with 115.5 feet of frontage Existing land use: A two -story single dwelling containing an illegal apartment. Surrounding Land Uses North: The rear yard area of a single dwelling. East: A single dwelling on a 4.4 acre parcel. South: County Road C. South of County Road C, the Hazelwood Fire Station. West: An undeveloped parcel, planned for Lower Density Residential use and zoned F -Farm Residence. H i s tor r 12 -6 -56: A building permit was issued to Robert Borgl and fore an addition to create the present dwelling. A doorway was provided between - the apartment and pri nci pal dwel 1 i ng. The unit was apparently rented until the early 1970's. Early 1970's to 1977: The dwelling was owned by a person who included the apartment area as part of the single dwelling. 1 977: The applicant purchased this property. He closed off the doorway between the principal dwelling and apartment, not realizing that Council per- mission was required. He lived i n the apartment and rented the remainder of the dwelling. 1981: The applicant moved to the principal dwelling and began renting the apartment. August 1981: The applicant requested a remodeling permit for the apartment and was informed that a zone change would he necessary to rent the apartment: Up until this time, the City was unaware that a rental unit existed in this dwelling. DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan designation: 2. Zoning: F -Farm Residence RL, Lower Density Residential 2 - 0 3. Permitted Density: 14 persons /net acre 4. Proposed Density: 10.1 persons /net acre. (This calculation is for the three lots (1.62 acres) indicated on Map-'2. The apartment unit was treated as a double dwelling unit.) 5. Policies from the Land Use Plan: a. (Pg. 18- 29)Low Density Residential (RL). This classification is primarily designated for a variety of single - dwelling homes. An occasional double dwelling may be allowed. b. (Pgs. 12 -5 )Housing within the community should be flexible to providepeforachoice, either rental or ownership typ of housing,nP 9 6. Compliance with Land Use Laws: a. Secti on 912.080 states that in any instance where the overni n bodyPlanningCommisggy orthePlangsionisrequiredtoconsideranexceptionorchange i nthezonordinanceormapinaccordancewiththeProvisionsofthis ordinance, the Council or Planning Commission shall, among ther things:s : 9 1) Assure itself that the-p chang is consistent with the sp purpose, and intent of the zoning ordinance. 2) Determine that the proposed change will not substantially injure • ur e or detract from the use of neighboring property or from the character oftheneighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguardeduarded. 3) Determine that the proposed change will serve the best interests and conveniences of the community (where applicable), and the public welfare. b. The structure meets the double dwelling requirements for lot area l widthandfloorarea. c. Secti on 905.040 requires a double dwelling to be set back at least thirt et from a right-of-way. YfegyThedwelisveryclosetotheCountyRoad Cright -of -way. Expansion along the present setback l i n e was P ermi tted in 1956. d.Section 912.100 allows a substandard setback to stand as "conformingwherethesetbackisredg 'reduced by a r taki ng. Thi s dwelling was constructed in the late 1890 possibly before the Count Road C right-was dedicated yof-way g Y , which also occurred in the 189O's. e- Section 202.150 requires design approval for the remodeling and constructionofdoubledwellings. f . Section 905.010 .2 req 'q res a private front and rear entrance for eachdouble-dwelling un t This code requirement s more restrictive thanproviofi thetheUniformBuildingldingCodeandassuchisnotenforceable.Council will consider a Code Amendment t •o eliminatem Hate the s inconsistency stency i nthenearfuture. 3- Public Works Water and sewer are available. Bui Official Before an occupancy permit may be issued for the rental unit, the following con - di ti ons should be met: 1. Replace the outside stairway and deck leading to the apartment. 2. Install a smoke detector. 3. The bedroom window is to comply with Building Code egress requirements. Citizen Comments Of the eleven persons owning property within 200 feet of this ro ert ninePPY signed the petition in favor of the request. mb Enclosures: I. Location Pap 2. Property Line Map 3. Applicant's Letter of Justification, dated 9 -3 -81 4. Rezoning Petition 4 - 019 VADNAIS HEIGHTS Q . Q V W •, _ J / F AM _ AVE r h ode ~w sn KOHL AY Avt n' y ROAD W Ivr U) k a Zv U v W Z ar 1 K" V1 r ry C LARK AVE. COU Y C t`Q ar ILELANQJi JUM TlON AVE. U DN s : Q, VE J W o aYpN w WHITE E Y;x4 Y V W t t "'*`n &VG.1 LARK I AYE Yl LAURIE LRD . ¢ L AURI 49 _ RD i s 4VE. h EE] aIL-! W KOHLMAN EVE: EILL RD. 65 W Z _ 3 AV lltn AVE. AV sv, 36 CASTLE 5 ER EN AVE. COPE AVE. c z W W ;• 1) STAN14 2t UBLIC WORKS R ,LOG. t O LOCATION MAP 2 ' ; r3' RADA1 J ` COUNTY ROAD D 1 R r--- y 6 ,40 W t 80 5 o Z. (v 5 auc. O Z 00 0 N , i00 1806 1800 1 R 2l7 N Code ` a81 •• 545' Do in o IO 9 8 m 4 39 ac. 2.25ac.. ca ) .47 Ac, in •70 ac. 0 77 3 2.7 G t- 0 0 9 03 7$ Sty`' 2t 1 44 ec. .44 N G74 o 3 - o . 3 . ( io 0X60' ° t .3 ? Flo o ,• -t 33 331.6 ' ia'N GA I i t1 t t 3's 33 . 26 rte• 33 33 M 30 tp t ri• N a1 0 1 3411 ti 32 31 30 o a of ' Iro jt r c 415 • - 34 33 - Is C49ac) , 234' Z4S' - ' Sp' w • h Ttv _... L 4 t3' tL - -'Q, °_ s - 3 2 tare A o o f ra C 0 207.5 {h o 2 a 2 {• 393 ---- 1 i 344 trlS (tiSL') 331 o • 2 75.43* 23 3 4 Ln fl2o ,SDI. 01 _ o Qc. '° 18 6 20. w3• Z97' -m o 14 a of 353 on 35 32o' _ m 23 fn c wo;10 SW + =mot _,_ -- - - - - --r - - - - - -- - - - -- S6C Z 1 PROPERTY LINE MAP City of Maplewood September 3, 1981 Property Zoning Department 1380 Frost Avenue Maplewood, MN 55109 Dear Sirs: In accordance with the Maplewood land use plan for occasional inter- spersing of two - family dwellings among single-family dwellings, I am requesting the re- zoning of my property at 1559 East County Road C. from R1 to R2 zoning. I believe this property satisfies the purpose and intent of the land use plan based on the fol i owi.ng: 1. Within the immediate area there are few multiple family dwellings, 2. The dwelling on this property has the appearance of a single - family dwelling, although there is sufficient off- street parking for two families; 3. The property is located on a main traffic artery ('County Road C) and directly across from the Hazelwood Fire Station. In this location the property serves as a buffer against the traffic and the activities of the fire station; 4. The residents of the area are aware of 'the existence of the small rental apartment located within the dwelling and have had no objections to its past use. Enclosed are the following documents to satisfy the f i l i n g requirements: 1. Certified abstract listing owners and their mailing addresses identifying all properties within 200 & 350 feet respectively of proposed rezone property description; 2. Petition form signed by 50% or more of owners whose names appear on certified abstract listing owners within 200 feet of proposed rezone property; 3. Filing fee in the amount of $100 payable to the City of Maplewood; 4. Ramsey County Property Line Map indicating proposed rezone property. Thank you for your consideration in this matter. Sincerely, Grant J. Haffely GJH /lh Enclosures ADJOINING PROPERTY OWNER REZONE PETITION W PETITIO 47 We, the undersigned property owners collectively represent 50% or more of the adjoining property owners within 200 feet of the requested rezone property described on the attached application in accordance with Section 915.010 of the Maplewood Municipal Code, We petition the Maplewood - City Council for a change in official zoning classification on the attached described property from 1 zoning to zoning, Our names can be verified, as legal constituted land owners, on the certified abstract listing owners of land within 350 feet of the requested rezone area) which is required to be-filed in conjunction with the rezone application and this petition, The written signature of any person's name on this petition is indication of that person's understanding of the proposed zone,. the proposed location and an endorse - ment for approval -of such change AV J , SIGNATURE ABSTRACT 'CERT. PRINT NAME LIST NO, 0 cct --8 Q-) e, 1 - - i - S(D ? C (J ko VC Ph;Li o tau 7 S C.. I i c4 rr SIGNATURE 8, Zone Change- -1559 E. County Road C ( Haffely) Secretary Olson said the applicant is requesting approval of a zone change f rom F to R -2. Staff is recommending approval as outlined in their report. Grant Haffely, 1559 E. County Road C sai d he had no additional information to submit. The Commission questioned if two entrances were required for rental housing. Secretary Olson said the Building Code requires only one exit, the zoning Code requires two. Commissioner S1etten Lo the P1 Cojmi .s_siomappr of the proposed zone change from F Farm to R -2 Residence o_utile- Dwe11 i ng. for 1.559 East Count} Road C, on the basis that 1. The proposal is consistent with the intent of the Land Use Plan. 2. The use will not detract from the use or character of neighboring properties. 3. The dwelling will help the community meet Its low to moderate rental housing needs. 4. The use is consistent with the zoning Code requirements for double dw e l l i n g s . Two exits shall be provided from each unit, 'as requi ved by the Zoning . Code . Commissioner Fischer seconded Ayes - Commissioners Barrett, Fischer, Howard, Ki shel , Prew, Sl etten, El 1 efson E. Rezoning - -1559 E. County Road C ( Haffely)y) Secretary Olson said the Commission previously considered -thi item and recommended approval subject to the required two exits being9installedperunit. Staff is recommending Commission reconsider their re- commendation at this time. Mr. Haffely indicated he could provide for fire safety exiting in the structure. Commissioner Pel l i s moved the P1 a Commisi on amen t June 7, 1982 Co recommend to stci._kethe—r_ equiremep -t__fo.two-exi.ts_f.rom __ — __%. e.a4 L unit, as a cond ti on o _ zone change ap royal . — - - _p _pr oval Commissioner S1 etten seconded Ayes- - Commissioners Axdahl , Barrett, E1 l efson, Fischer, Howard, Ki shel , Pel l i sh, Prew S1 etten, Whitcomb i Es MEMORANDU9 t _ TO: City Manager FROM: Associate Planner--Johnson SUBJECT: Code Amendment: - BC M District `r + APPLICANT: City Council .._...___ _._ ...._.... , BATE: August 30, 1982 INTRODUCTION Reque Amend the BC(M) Business Commercial - Modified zone to exclude restaurants and places of amusement, recreation or assembly, other than a theater. RPa cnnc Council believes restaurants and recreation orientated businesses generate more traffic and nuisance potential than i's desirable when abutting residential uses. nhiPrtinnc 1. Restrict BC(M) zone uses to those compatible with single dwelling residential development. 2. Avoid being any more restrictive than necessary to protect our assessments. CONCLUSION Analysis Certain restaurant and recreation uses should continue to be permitted in the BC(M) zone. Where a restaurant or recreation facili would have the appearance of a ' typi cal office or retail structure, it should be permitted, subject to restri to ensure compati bi 1 i ty with adjacent residential property. Structures such as the European Health Spa, Carlton Racquet Ball Club and Chester's Restaurant are no less compatible with residential uses than would be a walk-in theater or motel, both of which are presently permitted uses in the BC(M) zone. An intent section should be added to the ordinance to indicate that restrictions may be imposed on, but not limited to, bui 1 di ng height, parkin l location or location of b 1 di ng entrances These restri , plus the ' newly proposed set- back ordinance requiring a fifty -foot setback with screening for commercial uses adjacent to residential uses, would ensure compatibility with abutting uses. The definition of restaurant should be revised to eliminate ambiguous terms, such as "heavi oriented to the automobile" and_ "customari developed as a si n l e purpose building. These terms were intended to prohibit restaurant franchises such as the 1960's style A & W restaurants, where patrons were served food in their ` automobiles. The present interpretation of these terms is to prohibit restaurants with drive-in order facilities. However, in 1980, the Ramsey County District Court felt that the definition could include most all types of restaurants being-that it was so vague. The City attorney recommends that restaurant uses shou+d be retained to the BC(M) zone to support the City's case to uphold the assessments for Beam Avenue. Recommendation Approve the enclosed ordinance amendment to clarify the type of restaurant and recreation uses that would be prohibited from business commercial - modified zoning districts. 2 REFERENCE INFORMAION Existing Zoning Code Provisions 1 . Section 907.05,0 (2) allows restaurants and places of amusement recreation or assembly, other than a theater, by special use permit. 2 Section 907.050 (3) specifically prohibits drive-in restaurants and drive-in theaters. 3. Section 907.050 (4) defines drive-in restaurants as: "restaurants, due to their particular nature, related activity patterns, or similar factors, as having the potential for creating special problems. Restaurants which are heavily oriented to the automobile for their cliental , restaurants which customarily develop single purpose buildings or buildings physical designed and con- structed to provide specialized i ndenti fi cati on require particular review to assure compatibility with existing and proposed uses, proper relationship to area traffic and access systems, compatibility with the community's Compre- hensive Plan and to avoid, where possible, problems of potential subsequent use of the property and its improvements." Past Actions 3- 11 -76: Council amended the zoning code to establish the BCJM) zoning district. This district was created specifically for the area south of Beam Avenue, between Hazelwood and White Bear Avenues.) The purpose was to allow a wide variety of commercial uses, while prohibiting uses that are heavily oriented to the automobile and, therefore, not compatible with adjacent homes. 5- 25 -76: Council approved the zone change from F -Farm residence to BC {-M)Business Commercial-Modified, for the property south of Beam Avenue. 8 -20 -81 : Council approved a special use permit to locate a Pizza Time Theater restaurant in the BC(M) zoning district, south of Beam Avenue (Hirschfield's Building) subject to conditions. 9- 17 -81: a . Council enacted a moratorium on special use permits in the BC -M zoning district for a period of up one year or until the Planning Commission makes a recommendation. b: Council reci nded the 8 -20 -81 special use permit approval for Pizza Time Theater. (The applicant had asked.that their request for reconsideration be withdrawn.) Lega Due to pending assessment appeals for Beam Avenue, the City Attorney recommends that the "City Council not further restrict the uses to which property on the south side of Beam Avenue can be put, but rather specifically define the existing restricti on restaurants and recreation uses) so as to relieve any doubt or ambiguity as to the type of uses prohibited. Making reference to' heavi ly oriented to the automobi l e' i s too inclusive. The fast -food operations envisioned in the early 1970's are no longer marketed or franchised," 3 - Procedu ADMINISTRATIVE 1. Planning Commission Recommendation 2. City Council a. First reading (requires a simple majority for approval) b. Second reading and final adoption (requires at least four votes for approval) mb 4- ORDINANCE NO. An Ordinance Amending Chapter 907 Maplewood Municipal Code Relating to Restaurant and Recreation Uses BE IT ORDAINED BY THE CITY OF MAPLEWOOD AS FOLLOWS: ' Section 1. Section 907.050 is amended to read as follows (language crossed out is to be deleted, language underlined is to be added): 1. INTENT. The BCM} ,Business Commercial - Modified District is intended to p for the orderly transiti on between more intensive commercial uses and low or medium density residential areas. Restrictions on, but not limited to, building hei ht, setbacks orientation, parking l l or location of buildin _ entrances may be re uired to ensure compatibility with abuttin residential uses, 4 2 . USE REGULATIONS. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other: a. Retail Store; -professional administrative' offices; bank or savings and loan; personal service, craftsmen's shop, mortuary b. Hotel or motel c. Theater - wally -4R Walk-in theatre d. Job printing shop e. Baker or candy shop producing goods for oar- ef -i -6.& retai sa4e sales . on- Dremises f. Any use of the same general character as any of the above permitted uses, as determined by the City Council, provided that no use which is noxious or hazardous shall be permitted. 2 3. The fol lowi nq uses when authorized by the lawful- gevereling -bodyCityCouncilbymeansofaspecialusepermit: a. All uses permitted in R -3 Residenee- Multiple Dwel 1 i ng Districts, except the construction of dwe444ng- houses permitted i n 994,R -1and995, R -2 districts b. ' Laundromat o_r similar automatic self - service laundry c. Restaurant, where there are no drive -u order windows or servinoffoodtopintheirautomobiies . A11 cooking odors must be screened so as not to be ontW_eabl a to adjacent residences. d. Place of amusement, recreation, or assembly, other than a theater wnere there are no outdoor activities, g 3- 4. Prohibited uses: a. Drive-in theaters or drive-in restaurants b. Commercial or fee parking lots where such use is Oe only use of a given parcel or where such use provides for genet-al rather than specific use parking. 4- 5. Definitions: ka4 Drive -in restaurant. The- City- Ceaneil- hereby- finds that eertain restaurants s due - te - their- pantieuiar- nature ;- reiated- aetiYity- pattern er- siniiiar- faeters;- have - the- petentiai -fey ereating- speeia ;- prebieHis- Restaurants- whieh- are - heavily- eriented -te- the auteRiebi4e fer -the}r eiientaI - restaurants- whieh- eusteFflariiy- deveiep- sing ;e- purpese- buildings er - baiidiegs- physieally- des }gned - and- eenstrueted- te- prev4de- speeiaiiRed tent} fieat}en - require partieuiar rey4 - te - ass eefpatibi4ity - w4th- ex}st}ng and prepesed uses; prepen reiatienship - te - area traff4e - and aeeess systeffis eeHipa tit biiity with - the - eeHiHiun}ty's Ceiflprehensi Ye PIan and- te- aveid;- where- pessibie ; - prebieiiis- ef- petent}a4 -subs equent- use -ef the - preperty- and - its- }RipreyeFflents: A restaurant with a drive -u order window or serving of food to patrons in their automobiles. Section 2. This ordinance shal take effect upon its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this day of , 19 . Mayor ATTEST: C1erk G. Code Amemdment--BC (M) District. -- Secretary Olson said the proposal is to amend the BC (M) district to exclude restaurants and places of amusement, recreation or assembly, other than `a theater. Chairman Axda hl asked if there was anyone resent who wished to commentton the proposal. Norman Anderson, 1603 Frost Avenue, said when the BC (M) district was established, the prime concern was restaurants abutting residential ro ert P P J .The cooking odors from restaurants are objectionable to people living b9 J'them. He asked if the Commission could possibly sugoest an 'amendment that would prohibit restaurants completely from BC ' (M) districts . The Commission suggested additional restrictions for setbacks reaul ati ons to have restaurants install filtering equipment . Commissioner Whitcomb moved the Pl a nn i nq Commiss recom t theCityCouncilapproval_ of the _ ordinance amendment to cl ari f the fyP eofy ratrnt—and recreation uses tha would be_prohi bi ted fr Business Commer_cj_aU Modi f ed.) _ zoni.ng __ di_stri cts . Commissioner Fischer seconded Ayes -- Commissioners Axdahl Barrett. El l efson, Fischer, Hej ny, Howard, Ki shel , P rew, Sl etten Whitcomb 4 9-20-82 i z RAMSEY COUNTY PARKS & RECREATION DEPARTMENT 1850 White Bear Avenue Telephone (612) 777 -1361 St. Paul, Minnesota 55109 Anthony J. Crea, Director Bernard L. Edmonds, Asst. Director October 8, 1982 From: City r. Referred To: Mr. Barry Evans City Manager City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Re: Watershed Assessment Dear Mr, Evans: C;er! =_._ Other ... Date ...,.. Afton Heights Park is operated by the City of Maplewood under a 25 year permit granted by Ramsey County. The terms of the permit require that the City of Mapl ewood .pay all assessments levied against the premises . On May 21, 1982, a letter was written to Robert Odegard, Director of Community Services, notifying the City of Maplewood that the Ramsey Washington Metro Watershed District has assessed the park property at the rate of $364.77 per acre for improvements under the Battle Creek Project #1. On June 3, 1982, an invoice was issued to the City of Maplewood for 4,523 for the City's share of the project under the terms of the permit agreement. The amount was based on $364.77 per acre for 12.4 acres. The area was calculated from aerial photographs as the actual area being used by the City for recreational activities at Afton ' Hei ghts Park. I have been notified by the Ramsey County Department of Budgeting and Accounting that as of September 30, 1982 the invoice has not been paid. I would appreciate your effo in determining if the delay in payment is the result of an oversight or if additional information is needed before making payment. Thank you for your assistance in this matter. Sincerely, lab A hony J. Crea Director AJC: j jh cc: J. van Houdt Comm. No rga rd Ccc i ^ t 4 .+ r ' • .. • r, wrra _ - .. _ Fu b. Fub koVe,....__._..._...__....,. Other ... Date ...,.. Afton Heights Park is operated by the City of Maplewood under a 25 year permit granted by Ramsey County. The terms of the permit require that the City of Mapl ewood .pay all assessments levied against the premises . On May 21, 1982, a letter was written to Robert Odegard, Director of Community Services, notifying the City of Maplewood that the Ramsey Washington Metro Watershed District has assessed the park property at the rate of $364.77 per acre for improvements under the Battle Creek Project #1. On June 3, 1982, an invoice was issued to the City of Maplewood for 4,523 for the City's share of the project under the terms of the permit agreement. The amount was based on $364.77 per acre for 12.4 acres. The area was calculated from aerial photographs as the actual area being used by the City for recreational activities at Afton ' Hei ghts Park. I have been notified by the Ramsey County Department of Budgeting and Accounting that as of September 30, 1982 the invoice has not been paid. I would appreciate your effo in determining if the delay in payment is the result of an oversight or if additional information is needed before making payment. Thank you for your assistance in this matter. Sincerely, lab A hony J. Crea Director AJC: j jh cc: J. van Houdt Comm. No rga rd Q. z MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Director of Community Development Ordinance Amendment--Billboards September 20, 1982 f1 Alternative II in the enclosed memo has been revised •to include Counc 1 memberBastian' s suggestions, jc cc: Julianne Bye Naegel e Outdoor Advertising t- MEMORANDUM TO: City Manager FROM: Thoma Ekstrand -- Associate Planner SUBJECT: Ordinance Amendment: Billboards DATE: July 6, 1982 s c Request The City Council, on April 15, 1982, requested that staff prepare an ordinance amendment to ban new construction of billboards and to require the removal of all existing billboards within ten years. Alternatives (from most to least prohibitive) Alternative I (see enclosed ordinance) -- Prohibit the display of commercial messages visible from a public street on billboards. Alternative II (see enclosed ordi nance) -- Increase the restrictions -governing billboards. Alternative III - -Take no action, thereby maintaining the existing ordinance. Comments Alternative I accomplis the intent of Council's request, while complying with a recent Supreme Court decision concerning banning of billboards. (Refer to the enclosed "Zoning and Planning Law Report" on the Metromedia, Inc, v. City of San Diego decision.) This alternative prohibits commercial messages on new boards visible from a public street. New billboards may continue to be built for noncommercial messages, subject to the standards of the sign ordinance. Existing billboards are allowed to continue advertising commercial messages for ten years. The sign must then be limited to noncommerci messages or the sign must be removed within 120 days. Atl ernati ve II would allow billboards, but would tighten up standards by: 1. Only allowing them in SC, Shopping Center; BC, Business Commercial; M -1, Light Manufacturing and M -2 Heavy Manufacturing zones. 20 Increasing minimum spacing requirements between billboards from 500 to 1200 feet . r 30 - Reducing the maximum sign area permitted from 850 square feet -lo 300 square feet. , 4. Requiring all disturbed ground beneath the sign to be restored. • 5. Establishing a height limit. b. Eliminating the exempti on that nonconforming billboards now have from the removal requirements that all other signs have. Under the current ordinance all nonconforming signs, except bi l l boards,must be removed ten ears after installationallation or four years after notification of nonconformity, whichever is longer. Alternative I I was previously considered by the Council on August 1981. No act was taken on this proposal, since a moratorium was declared. Al ternati ve I II woul d resul t i n no change If the existingn -code remaid '9 g e in JI effect, the following problems would continue: 1. The potential would remain for a proliferation of billboards, due to the 500 foot minimum spacing requirement. Refer to the map indicating the number of possible sign locations under the current ordinance. 2. The existing code allows b i l l b o a r d s to be 850 square feet in area, This seems too large for a suburban city. 3. Billboards are allowed on land zoned BC (M) under the current ordinance. The only areas zoned BC (M) in the City are the south side of Beam Avenue and Don John's property on Stillwater Avenue. These zones are intended to buffer adjacent single dwellings. Billboards should not be allowed. 4. There is no height limitation. 5. The City cannot require the removal of nonconforming billboards, Maplewood's requirements are more lenient than those of many cities in the metro area of similar population. (See the enclosed survey results.) Recommendation I . Staff recommends alternative I or II, depending on Council's preference, Alternative III i not recommended, on the basis that: A. The potential would remain for a proliferation of billboards. B. Billboards could continue to excessively large. C. Ground restoration is not required. D.Billboards are permitted in BC (M) districts. E. There are no height 1 imi ts.. The City cannot require the removal of nonconforming dyq _ o conformi ng b 11 bar s . r Note 7 Alternative I requires a majority votes since it does not i!egul ate by zoning district. Alternative I I requires at least four votes, si nde it does regulate by zoning district. Alternative III requires no action. r ' • I I . Since the moratorium ends on August 20, Council shoul extend i t / i f they wish to study the billboard issue beyond this date, 9 1 E REFERENCE INFORMATION Existing Code Refer to the existing billboard ordinance enclosed A 1 to rn a t i ve -III) Past Actions l 7 `14 -77: The current. Sign Ordinance was adopted. The •p e C Cit had prevProhibited _ billboards. 12-20-79: Counci 1 a sse a moratorium .P d atori um on the erection of billboards unt suchtimeastheSignOrdhasbeenfullyreviewed. 4 - - 81: Council tabled action on an amendmentt to the billboard ordinance thatwouldhaveprimarilyincreasedthespacingrequirementrementgqbetweenbillboardsandreducedthemaximumsizepermittedfrom850squarefeetto300squarequarefeet.Council also moved to remove the moratorium on the con,structi on of billboard 8 -6 -81: Counci considered the same billboard amendmentAugust20, 1981* t and tab.l ed action until 81 20 -81 : Council placed a moratorium on the issuance of •bi 11 board sign permiforaperiodnottoexceedoneyearoruntilanordinance •s presented. 9 -3 -81: Council tabled action on revising the fee schedule f •or billboardsboards unti 1anordinanceamendmentforbillboardsignsisPresented. 4- 15 -82: Council moved that staff re are an ordinance to • 1 p ban the new constructionofbillboardsboardsandtoplaceatenyearamortizationonexistingngb711boards. 7- 13 -II2: The Community Desi n Review Board re9 commended approval of Alternativeve I I . Prnrn i, rA 1. Recommendation from the Community Design Review Board 2. City g y ounce 1-- public hearing and first reading of the ro osed amendment.p p ent.3. City Council--second readingng of the proposed amendment. Fnr 1 nc i roc 1. Proposed billboard ordinance (Alternative I 2. Revised billboard ordinance (Alternative II3. Current billboard 'ordinance (Alternative III4. _ .Zoning and Law Report 5. Exi s ti ng billboard map 60r 7v1a-p -- number of possible billboard locations under current Ordinance.7. Map -- Number of possible billboard l un _8. Billboard survey der proposed Alternati ve I is9. Naegel e' s Proposal - 3 ALTERNATIVE ORDINANCE N0, AN ORDINANCE ADDING CHAPTER 819 TO THE MAPLE14OOD M UC C I PALCODECONCERNINGOFF - PREMISES COMi1ERC IAL ADVERTISING SIGNS J THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS. Section 1. The Maplewood City Code is amended to add Chapter 819: 819 COMMERCIAL ADVERTISING CAN BILLBOARDS 819.010 DEFINITIONS 1. Sign: refers to any structure, device, adverti semen 't, advertisingdevice, or visual representation intended to adverti identify, 'entfy, orcometunicae _intg_a + , a te-n on of the ubl i or ancf • . L.P ypurposeandwithoutprejudictothegeneraltyoftheforegolngincludes any symbols, letters, figures, illustration, or forms ainted rPo other - wise affixed to a building or structure, and any beacon or seachl i htintendedtoattracttheattentiong of the public for any purpose and also any structure or .device the prime purpose of which i's to border, illum-inate, resanimate, or project a visual re p entation, provided, however,that this definition shall not be held to include official n 'notices ss uedbyanyCourtorpublicofficeorofficerintheperformance 'p e of a publ coroffiduty, and . traff j c control signs as defined in the "MotorVehicleAct". For the purpose of removal, signs shall also include n structures. ga11sig 2. Premi ces : means the contiguous land in the same ownership 'which i s notdividedbyanypublichighway, street or alley or yright -of -wa therefor. 819.020 OFFENSES 1 . It shall be unlawful to maintain upon an sign construPYg cted on or after theeffectivedateofthisordinance, any commercial message except a9p messagewhichadvertisesaproduct, service, activity, event person, institution or0businesslocatedonthepremiseswherethesignislocatedocatedorthesalfeorrentalofsuchpremises. 2. Ten years after the effective date of this ordinance it shal.1 be unlawfultomaintaupon. any sign - constructed before the effective date of this ordinance, any commercial message except a messag whichPgc adert ses a product , serve ce s acts vi ty, event, person, instituti or Wu`si Hess located on the premises where the sign i s located or the sale or r metal of such premises. 4 3. After the effective date of this ordinance, it shall be i 'n violation here-of to maintain any structure formerly used as a sign and not for more 9 n use for anyotherpurpthan120daysafteritsuseforasignhasceased. 819.030 EXCEPTIONS This ordinance does not apply to: Any sign which is not visible to motorists or edestrip ans on any publichighway, street or alley. 2. Any temporary sign, as defined in the Cityty S gn Qrd nance (Chapter 818). 3. Signs providing directions to 1 ocal 'bus nesses . Section 2. This ordinance shall take effect upon its passage 'P p g and publication. Passed by the City Council of the City of Maplewood, Minnesota this day of , 1982 Mayo r Attest: Clerk Ayes- - Nays -- 5 ALTERNATIVE II ORDINANCE N0, AN ORDINANCE AMENDING SECTION 818 OF THE - f4APL EWOOD CODE RELATING TO SIGNS - l C TAE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY 0 RDA I N AS FOLLOWS: Section 1. The following portions of Chapter 818 of the Maplewood Code are hereby amended to read as follows: (Additions are underlined and deletions are crossed out): 818.020 DEFINITIONS g. Bi 11 board: refers- te- a- eeeaeeessery an off - premises sign erected for the purpose of advertising a product, event, person, institution activity, business, service or subject not ent4 rely- related -te located on the premises on which said sign is located. s --- Nen Aeeessery S4ge { 8ff- Preffi4ses4= -- refers- te- a- s4gr- wheh - d4 reets atteet te a - bes eess; eeRifed4ty; serY4ee er- eeterta4efeet -eet exe re - te - the prefi*ses at wh4eh the 94g 4s- leeated - er - te a - bes4ness -ee ed service- er- eeterta4Fifeht- wh4eh- }s- eerducted se4d er effe red elsewhere - thae - the pref4ses at wh4eh - the - s4gR - 4eeated: 818.140. BILLBOARDS 1. Location: Pester paee er bu afe-s wb te - rev}ew; exeept- fer- eepy, -by -the Eeffee4ty- Des 4ge - Rev4ew" Beard - and - gay- be- Teeated ee Map Ufa etwr- 4eg? - Gemefe er- Reta} 4 Zeee 84str4ets- subject- te- restr4et4eRs -set eet 4e- th4s- erd4eaeee: a. Billboards may only be located in the following zoning districts: SC, Sho i n Center, BC, Business Commercial, M -1, L i ht Manufacturing and M -2, Heavy Manufacturing zones. b. Billboards shall not be permitted on a building 2. Spacing: Pte b444beard -s4ge may be 4eeated . e4eser to - aey - ether - swek adyert4s4e ev - en - the saRie .s4de - ef - the - street er h}ghway fae4Rgitraff4e- head4Ag 4p- the- saRie- d4reet4ep- thae- f4v.e- haedred- (580 { - feet - -ap --e}t - street-I primary- h4ghway;- 4mterstate -er d4Ty -eeetreI4ed- freeway- w404n -the -4e- eerpe rated- G4ty;- prev4ded ;- hewever tb }s -prev isiee- lees -eet- p reveet ere ett ef- dedb4e- f ;- baek- te- baek -er -V- type - 94gRs- w4th- a- RiaJX4H3dFA-ef eee- 4}} -stgp- per- faE4flg. 6 13 g s -er 137--The- -ether aepe that -epy eee sg- faEflg- eEated- wth -the abeye spae d 4s - visib ;e -fref- the - highway -er- street -at -aRy - eRe -t4fe: a. Billboards shall not be located closer than: 1 2300 feet to another billboard on the same side of tht sam street 2) 100 feet to a commercial, industrial or i nsti tuti onAl =building, or an on- premise s sign, unless the Ci t Counc l approves a special use ermit. 13) 200 feet to a residential district or 1000 feet to a residence. 1 300 feet to any part of an interchange or intersection of two publicroads h. A billboard shall not be erected or maintained in such a place or manner as to obscure or otherwise physical ly interfere with an official traffic control device or a railroad safety signal or sign, or to obstruct or hvsically interefere with the drivers' view of approaching, merging, or intersecting traffic for a distance of 500 feet C. No bi 11 board shal l be erected or mai ntai ned in or wi thin 500 feet of 1 ocal arks, historic sites, and ubl i c picnicc or rest areas • _ provided that, an,advertising device ma be permitted within 500 feet of a park, site or area on commercially zoned propert y, with the approval of a special u e 's rm t. 3. Size: The maximum area of a sign face shall not exceed e4ght- hwndred -f4ft - 8694 450 square feet, including border and trim, but ex base and apron supportsandotherstructuralmembers. PPes. The maximum size limitation stated in this paragraph shall apply to each side of a sign structure. aAd - s4gps Signs mabeplacedback - to - back or in a V - type eeristruetiep arrangement if there are no more than two s i n faces. A billboard ma onl displZ one message at a time on any sign face. 4. Height: The maximum height for billboards shall be 35 feet, 5. Lighting: a. Billboards w444 shall not be illuminated with flashing light or lights except those giving public service information such as but not limited to, time, date, temperature, weather or news. b: Billboard lighting w444 shal be effecti shiel so as not to impairYpit the vision of any operator of a motor vehicle. s ` C41 Billboard lighting fbst shall not interfere with the effect4veness of or obscure any official traffic sign, device or signal. • d. Billboards shall not use lights between midnight and 6:00 a.m. 6. Fees and Permits: a. The fee schedule as set forth in this ordinance w4;1 shall apply equally to billboard signs. b. Annual permit renewals will be required from the Director :of Communit Development Permit renewals will not be accepted more thla- n sixty 60) calendar days prior to expiration of permit. All permits Zvi 11 expire on dim 30 of each year. = c. The annual fee for such renewal.s will be on the sane. basis and schedule as prescribed for the original permit. d. A penalty of two ($2.00) Dollars will be charged upon failure to pay the annual permit fee for renewal on or before Jety 1 of each year. e. The administrator may revoke the permit granted herein, for cause upon thirty (30) days written notice of such hearing to the permittee. Such notice and hearing are subject to the procedure as outlined in Section 818. 040 Subsection 9 of this ordinance. 7. Nonconforming Signs: Any billboard sign existing at the time of the enactment of this ordinance and not conforming to its provisions., shall be regarded as legal nonconforming signs which may be continued, if properly repaired and maintained as provided in this ordinance and continue to be in conformance with other ordinances of this municipali Nonconforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this code. Ground Restoration Any ground area disturbed, due to the construction or removal of a billboard, shall be restored to its original condition An reviousl ado ted requirements that conflict with this ordinance shall be null and void Section 2. This ordinance shall take effect after its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this day of 1982. Attest: C 1 erk Mayo r v f r Ayes-- Nays -- ALTERNATIVE 1-11 Section 14, 818.140. LLBOARDS.___J 1. Location: 6 ' Poster panels or bulletins are subject to review, except for copy, by the Com- munity Design Review Board and may be located on Industrial, Manufacturing, Com- mercial or Retail Zone Districts subject to restrictions set out in this ordin- ance. Billboards shall not be permitted on a building 2. Spacing: No billboard sign may be located closer to any other such advertising devices on the same side of the street or highway facing traffic heading in the same direction than five hundred (500) feet on any city street, primary highway, in- terstate or fully controlled freeway within the incorporated City, provided, however, this provision does not prevent erection of doublefaced, back -to -back, or V -type signs with a maximum of one (1) sign per facing. 3.* The above spacing does not apply to structures separated by buildings or other obstructions in such a manner that only one (1) sign facing located within the above spacing distance is visible from the highway or street at any one time. 4. Size: The maximum area of a sign face shall not exceed eight hundred fifty (850) square feet, including border and trim, but excluding base and apron supports and other structural members. The maximum size limitation stated in this paragraph shall apply to each side of a sign structure and signs may be placed back -to -back, or in a V -type construction. 5. Lighting: a. Billboards will not be illuminated with flashing light or lights except those giving public service information such as, but not limited to time, date, temperature, weather or news. b. Billboard lighting will be effectively shielded so as not to impair the vision of any operator of a motor vehicle. c. Billboard lighting must not interfere with the effectiveness of or obscure any official traffic sign, device or signal. . 6. Fees and Permits: a. The fee schedule as set forth in this ordinance will apply equally to bill - board signs. b. Annual permit renewals will be required. Permit renewals will not be accepted more than sixty (60) calendar days prior to expiration of permit. All per- mits will expire on June 30th of each year. c. The annual fee for such renewals will be on the same basis and schedule as prescribed for the original permit. d. A penalty of Two ($2.00) Dollars will be charged upon failure to pay the annual permit fee for renewal on or before July 1 of each year. e. The administrator may revoke the permit granted herein, for cause upon thirty (30) days written notice of such hearing to the permittee. Such notice and hearing are subject to *the procedure as outlined in Section s-- 818.040, Subsection 9 of this ordinance. 7. Non - conforming Signs: Any billboard sign existing at the time of the enactment of this ordinance and not conforming to its provisions, shall be regarded as- -legal non - conforming signs which may be continued, if properly repaired and maintained as provided In this ordinance and continue to be in conformance with other ordinances of this municipality. Non - conforming signs which are structurally altered, relocated, or. replaced shall comply immediately with all provisions o£ this code. 9 T 46 - CWJ '1... _ i _ - . 7 r. , l t • . =f. - .. - 1 ••. - - rv.-. a ' - ` ' r f - t • • - r. { - vim"• _ I "-i• .. . - _.` w _ _ ' - 1 - `:- ..,• - '-s c .- .. z_ - „ t ..t - ter- ...... . • • 7 V` .at `, .1 .a...r _ - /¢••.` all on Ic Al V D L7:- Vol. 4, No. 8 September, 1981 THE METROMEDIA OPPORTUNITY by Clan Crawford, Jr. _ Clan Crawford, Jr. practices law in Ann Arbor, Michigan, where he has served on the city council, zoning board of appeals and historic district commission. He is the author of a number of books and numerous articles on various aspects of zoning and has lectured extensively on the subject. 41 Supreme Court's Metromedia Decision Supports Control of Signs and Billboards Model Sign Control Ordinance Offered First Amendment Considerations On July 2, 1981, the U.S. Supreme Court handed down a momentous decision in the case of Metromedia, Inc. v. City of San Diego. This constitutes the first time that the high Court has ever given full considera tion to the legality of general billboard and sign regulation. Because the Court invalidated San Diego's ordinance, it has been widely assumed that the decision represented a victory for billboard interests and a setback to public efforts to control community aesthetics. In the following article, author Crawford argues that the Metromedia decision actually advances the opportunity for controlling billboard blight and presents a model ordinance which he feels comports with the constitutional requirements demanded by the Supreme Court. Crawford highlights the salient points of the Metromedia decision by discussing how the proposed ordinance would deal with the particular objections and requirements enunciated by the Supreme Court in its judgment of San Diego's ordinance.) Introduction The recent decision of the U.S. Supreme Court in Metromedia, Inc. v. City of San Diego, 453 U.S. -, 101 S. Ct-. 2882, 69 L. Ed. 2d 800,49 U.S.L.W. 4925 July 2,1981), rev'g, 26 Cal. 3d 848, 164 Cal. Rptr. 510 610 P.2d 407 (1980), has been grossly mis- reported in the lay press. This is probably the result of the unusual alignment of opinions and views taken by the various Supreme Court Justices in that case. According to the general pressSan Diego "lost" be- cause its ordinance was held invalid. In fact, how- ever, San Diego, along with a lot of other municipali-a. Zoning and Planning Law Report is published eleven times per year by Clark Boardman Company, Ltd. 435 Hudson Street, New York, NY 10014. Subscription: $62.50 for eleven issues. Q 1981 by Clark Boardman Company, Ltd. This pubhcateon is designed to provide accurate and authorRat,ve enlormateon in regard to the subrect matter cowered K is sold with the Lww*rstan:hng that the pubbsher is not engaged in rendenng legal. accounting Of otne protess#onal serveee ff legat advece or other expert t eft repuered the services of a competent should be sought — From a Declaration of Pnnppl es pertly adopted by a ee of the Amrianec Ba Assooa eon and a Committee of Pubhshers ties, may have won b because it appears that the Court bas now solidified enough questionable law toprovideanadequatele •q gal bans for some Eightyrestrictivesignlegislation. The confusion stems from the fact that there were five separate opinions and no one majority opiniony and in the way they Iined up. The White group, ingP an opinion written by Justice White and signed also by Justices Stewart, Marshall and Powell made a Section 1. Findings. It is bereb determined that the number of rulings, discussed below, which are hi hl number of signs in the City -Townshi ) is excessive favorabl t 'o g y and i undul P - o si regulations, but held the ordinance ly distracting to rnotonsts and pedestrians, invalid because these Justices regarded it as discrimi- creates a traffic hazard, and in some lacegp s reduces nating ublawfully against signs with noncommercial the effectiveness of signs needed to direct the ublic. It is also determined P messages and among different tees of noncommer- d i that the appearance of the Cicial , messages. In particular , they objected t the f CTownshl - 0 , ce o e act1 p) is marred by the excessve number of that the ordinance permitted commercial sigm signs. It is also determined that the number of dis- places where noncommercial signs were barred. 101 tracting signs ought to be reduced in order to redu S. Ct. at 69 L. Ed. 2d b the aforementionedat818 - 20, 49 U.S.L.W, at effeCts, and that the sloes leastof value to people within the City t hose4931 -32. areY Justice Brennan, joined b Justice Blackmun which carry commercial messages other than the ad- vertisernent of any product, service event eagreedthattheordinancewasinvalid, but for ve person in-ry P ,different reasons, described more full below. 101 stitution or business located on the remises where the S. -- Y sign .ses. Ct. at , 69 L. Ed. 2d at 824 --35, 49 U.S.L.W. is located or the sale or rental of such premises. at 4934 --39. Thus, six Justices voted to invalidate It is also determined that the regulations conta inb the ordinance. The other three- -Chief Justice - Bu r this Ordinance are the minimum amount of r eula - ger, 101 S. Ct. at , 69 L. Ed. 2d at 845 -54, 49 tion necessary to achieve its purposes. U.S.L.W. at 4939 - 42; Justice Rehn uist, 101 S. Ct. Defin9Section2. As used in the ordinance:at 69 L. Ed. 2d at 854 - 55, 49 U.S.L.W. at 4942 --43 • and . (A) SIGN means any structure or wail or other object j Justice Stevens, 101 S. Ct, at 69 used for e.L. Ed. 2d r the display of any message.at 835 -45, 49 U.S.L.W. at 4943 -47 g voted to uphold CB) PREMISE means the contiguous land in the samepoldtheordinanceinseparateopinions, owner -ship which is not divided by any public hi h-but their views were closet aligned with T gYgoseoftheway, street or aIle i -of -wa theretoWhitegroupiexceptonthediscriminatinU" ssue whchi y or r g ht y r ' proved critical to the result. As a result, had the Section 3. Offenses. After the 90th day after this San Diego ordinance been worded a bit different) it Ordinance takes effect it shall be a violation he ey, r of to appears that it would have been upheld by a 7 -2 vote. maintain upon any sign any commercial messag a ex- cept one which advertises some product, service, ac- tivity, event, person, institution or business located on the premises where' the sign is located or the sale or rental of such premises. It shall be a violation hereof to maintain any structure formerly used as a sign and not in use for any other purpose for more than 20 its P rP 1 days after its use for a sign has ceased. Section 4. Exceptions. This ordinance does not a ply to any sign which is not visible to motorists or pedestrians on any public highway, street or alley, nor to a information - y any specific information panel for the direction Of motorists which may be locatei , under authorit ofY any statute, on any highway property of the State of Michigan. This ordinance does not re Mate the size Iighting or spacing of signs. The Metromedia Opportunity Justice Brennan noted that the o inion of theP White group concluded that San Diego couldd, with- out viol the First Amendment, ban all billboards containing commercial speech messages and com- lai g p ned that they were "thereby sending the e to municipaliti messagealinet g p s hat bifurcated billboard regulations prohibiting non-commercial messages but allowingcommercialmessageswouldpassconstitutional mus- ter." 101 5 "CL at -- ; 69 L. Ed. 2d at 824 49 U.S.L.W. at;4934. This aspect of the plurality's decision as accurateperceivedbyJusticeBrennan, is THE hMTRO- M EDIA OPPORTUNITY. A Model Ordinance Let us have a look at a model. The following ordi nance was prepared, after the Metromedia decision, for use by Michigan municipalities, but it wouldId prob-ably be equally suitable in many other states: AN ORDINANCE To REGULATE THE USE OF SIGNS AND PROVIDE FOR REMOVAL 0: OBSOLETE STRUC- TURES. The City (Township) of ordains: Section S. Penalty- Effective Date. Whoever violates this Ordinance shall, upon conviction thereof be uP -P n isbed by a fine of not more than $100 or imprison 146 ment in the County Jail for not more than 30 days, or both, for each offense. Each and every day on which a violation is committed or permitted to con- tinue shall constitute a separate offense and shall be punishable as such hereunder. This Ord.nance shall take effect on (no sooner than the 31st day after first publication) . Section 6. Severability. This Ordinance, and the various parts, sections and clauses hereof, are hereby declared to be severable. If any part, section or clause is adjudged invalid, the remainder shall remain in full force and effect. Analysis of Model Ordinance Under Metromedia Criteria The first thing that should be noted about this ordi- nance is that it neither prohibits the future erection of new signs nor forbids the continued use of existing signs. It does not control signs at all, just the mes- sages thereon. The astute will at once recognize that this technique is intended to sidestep a lot of the grounds on which sign regulations have been held invalid where they required the removal of existing signs or prevented the erection of new ones. Now let us go through the ordinance one section at a time to consider the legal issues presented and test them against the Metromedia opinions. Traffic Hazards and Aesthetics as Police Power Justifications The legislative findings in the first section are in- tended to provide the rationale for the exercise of the police power. As experienced zoning lawyers are aware, the U.S. Supreme Court has laid down a gen- eral limitation on zoning power which would pre- sumably be applicable to sign laws such as the model. In Nectow v. Cambridge, 277 U.S. 183, 188, 48 S. Ct. 447, 72 L. Ed. 842 (1927) where a zoning ordinance was held invalid as applied to a particular tract, the Court stated that "[s]uch restriction cannot be imposed if it does not bear a substantial relation to the public health, safety, and morals, or general welfare." The City of San Diego asserted in Metromedia that traffic safety and aesthetics provided the substantial relation. The White group opined that either was sufficien4 quoting from the decision of the Supreme Court of California below, 26 Cal. 3d at 859, 164 Cal. Rptr. at 515, to the effect that "as a matter of law . . . an ordinance which eliminates billboards designed to be viewed from the streets and highways reasonably relates to traffic safety" and that "bill- boards are intended to, and undoubtedly do, divert a drivers attcntion trom the roaaw ay. 1 u 1 b. u. at 69 L. Ed. 2d at 815,49 U.S.L.W. at 4930. The three dissenters concurred: Stevens, 101 S. Ct. at ---- -, 69 L. Ed. 2d at 836, 49 U.S.L.W. at 4943; Burger, 101 S. Ct. at , 69 L. Ed. 2d at 848, 49 U.S.L.W. at 4940; and Rehnquist, 101 S. Ct. at , 69 L. Ed. 2d at 854, 49 U.S.L.W. at 4943. Even Brennan and Blackmun went along with the idea, but unlike the rest of the Court, they would not accept the city's determination that the ordinance would promote traffic safety or was necessary for aesthetic reasons. They took the position that the city should have and failed to produce convincing evidence in support of its position, 101 S. Ct. at , 69 L. Ed. at 827-31, 49 U.S.L.W. at 4935 -37. This urging by Brennan and Blackmun that a city should be required to prove that its ordinance ad- vances traffic safety and aesthetics is the main distin- guishing feature of their opinion. A number of bill- board regulation cases have turned upon surveys presented by well- heeled billboard companies which purport to show that billboards do not create any traffic hazard. In the realm of aesthetics, it is rather easy to point to Other eyesores in most communities and argue that since the municipality has done noth- ing to eliminate them, it is merely picking on the bill- board companies in an arbitrary fashion. Fortu- nately, none of the other Justices went along with Brennan and Blackmun on this vital point and, in the long run, this fact may turn out to be the most im- portant aspect of Metromedia. This authority should be useful in excluding , testi- mony of surveys purporting to show that billboards create no dangers. If necessary, it may be opportune for the municipal attorney to ask the witness whether billboards are designed to attract attention and whether accident avoidance requires both drivers and pedestrians to pay close attention to what they are doing. Is Aesthetics Alone a Sufficient Justification" Hopefully, the foregoing may find broad utility in convincing some of our reluctant state courts to hold that police power regulations may be based upon aesthetic considerations alone. - In the Metromedia decision below, the Supreme Court of California so held, 26 Cal. 3d 848, 164 Cal. Rptr. 510, 516 --19 610 P.2d 407 413 -16, reversing its own prior hold- ing in Varney & Green v. Williains, 155 Cal. 318, 100 P. 867 (1909). However, we still have many states like Michigan. In Wolverine - Sign Works v. Bloom - field Dills, 279 Mich. 205, 208, 271 N.W. 823 1937), appears the following: "Aesthetics may be an incident but cannot be the moving. factor." This statement has been often repeated, not only in sign 147 control cases, but in others as well. The most recent Michigan sign case - is Central Advertisin g v. Ann Arbor, 391 Mich. 533,213 N.W.2d 27 (1974) . A number of other important courts have now held that aesthetics, alone, is enough. Suffolkfolk Outdoor Advertising Co. v. Hulse, 43 N.Y.2d 483, 402 N.Y.S.2d 368, 363 N.E.2d 263 (1977),, appeal dism'd, 439 U.S. 809 (1978), John Donnelly & Sons v. Outdoor Advertising Bd., 369 Mass. 206, 339 N. E. 2d (1975), and Oregon City v. Hart ke, 240 Ore. 35 400 =P.2d 225 (1965), are examples. Readers may als6 wish to examine articles by Bufl'ord , "Be- yond the..Eye of the Beholder: A New Majority of Jurisdictions Authorize Aesthetic Regulation," 48 UMKC L. Rev. 125 (1980) and PoIisky, "Regula-tion of Signs and Billboards," appearing in ZONING AND PLANNING LAW REPORT, Vol. 1, NO. 7 (May 1978) . Polisky also discusses, in considerable detail, cases having to do with political and "For Sale" signs. Ordinance Definitions The definitions in Section 2 of the model ordinance require Iittle ' discussion. The definition of "'sign" is more limited than we see in most sign control ordi- nances, but should be adequate for the kind of re gu- lation involved. The definition of "premises" is 'in- tended to prevent the owner of a store or gas station from buying the property across the street to ive hi the right to g o put up an "on- premises" sign. Distinction Between On- and Off- Premises Signs Section 3 of the model contains the operative regu- latory wording. It raises several questions. The first is the validity of making a distinction between on- premises and off- premises signs. It has often been argued that if a sign advertising a gas station is al- lowed on the premises of a gas station, a sign adver- tising some brand of beer or chewing um should also be a g Mowed at the same place. The argument was made and discussed in Metromedia. It was rejected explicitly by five Justices –The White roup, 101 S. Ct. a g t ----, 69 L. Ed. 2d at 809 -10, 49 U.S.L.W. at 4927 -28, and Justice Stevens, 101 S. Ct. at , 69 L. Ed. 2d at 836, 49 U.S.L.W. at 4943 and was re- jected implicitly by the other two dissenters. Brennan and Blackmun did not commit themselves. Putting S19D Companies Out of Business It may be asserted that the ordinance is invalid be- cause it will put sign companies out of business. In Metromedia, the parties stipulated that the San Diegog ordinance, if enforced, would "eliminate the outdoor advertising business in th,' City of San Diego- 101 S. Ct. at g 69 L. Ed. 2d at 808, 49 U.S.L.W. at 4927. The White group mentioned that the ordinance had been attacked on this ground, but did not hold it invalid for this reason. 101 S. Ct. at –, 69 L. Ed. 2d at 812, 49 U.S.L.W. at 4929. Brennan and Black- mun similarly allowed that "a city may total' ban them if it can show that a sufficientl substantial ov-y gernmentalinterestisdirectlyfurtheredbythetotal ban, and that any more narrowly drawn restriction, i.e., anything less than a total b;n, would promote less well the achievement of that goal." 101 S. Ct. at 69 L. Ed. 2d at 827.49 U.S.L.1V. at 4935. The other Justices voted to uphold the ordinance. Thus, none of the Justices apparently re an ordinance invalid just because it happens to put somebody out of busi- ness. Evidently the entire Court is mindful of the large number of fireworks stands, gambling establish - ments and houses of ill repute that have been put out of business by police power regulations. Distinction Between Commercial and Noncommercial Signs In Metromedia, Justice Brennan expressed doubt that an ordinance banning commercial but permitting noncommercial billboards would be constitutional, but seemed to base his doubts on grounds that lo- cal officials would have censorship powers in deter- mining which messages are commercial and which are not, a First Amendment rather than an Equal Pro- tection question. 101 S. Ct. at , 69 L. Ed. 2d at 831 -35 49 U.S.L.W. at 4937 -39. The model ordi- nance, hopefully, avoids this difficulty, since it calls for no permit and does not give any local official power to make such a decision, although obviously, the local attorney, in determining whether to take en- forcement proceedings, must make a preliminary de- termination. However, this is no more than he must do when deciding whether to prosecute any alleged violation of any ordinance, and the courts of course, stand read to correct an errors he may make.y y y e. Justice Brennan, joined by Justice Blackmun, in their concurring opinion in Metromedia set forth the following examples to show the difficulty involved. 1. visit Joe's Ice Cream Shoppe." 2. "Joe's Ice Cream Shoppe uses only the highest quality dairygqy products." 3. "Because Joe thinks that dairy products are good for you, please shop at Joe's Sho " 4. "J PFe. Joe says to support. dairy price supports: they mean lower prices for you at bi*&_Shoppe." They cite some other examples, showing, among other things, that how we regard a message- ay depend upon whose sign is involved. 101 S. Ct. at —, 69 L. Ed. 2d at'834, 49 U.S.L.W. at 4938. Obviously, somebody has to make a determination as to whether to permit a given message to be placed upon a sign, but it appears to be leg yall much safer to let the owner make the decision in the first instance, r 148 and the municipal attorney may then decide whether tc try to convince the courts that the message is commercial. R!Overbreadtb Challenges In Metromedia, Justice White cites Central Hudson v. Public Service Comm'n, 447 U.S. 557, 563 -66, 100 S. Ct. 2343, 65 L. Ed. 2d 341 (1980), as estab- Iishing the following four -part rule against overbroad restrictions on commercial free speech. "(1) The First Amendment .protects commercial speech only if that speech concerns lawful activity and is not mis- leading.:;A restriction on otherwise protected com- mercial speech is valid only if it (2) seeks to imple- ment a substantial governmental interest, (3) directly advances that interest, and (4) reaches no farther than necessary to accomplish the given objective." 101 S. Ct. at ---, 69 L. Ed. 2d at 814- -15 49 U.S.L.W. at 4930. White and his followers con- cluded that the San Diego ordinance met the test, 101 S. Ct. at , 69 L. Ed. 2d at 818, 49 U.S.L.W. at 4931. Justice Stevens also concurred, 101 S. Ct. at — 69 L. Ed. 2d at 835 -36, 49 U.S.L.W. at 4943, as, presumably, did the other,two dissenters. The , model ordinance does not go quite as far as the San Diego measure, since it places no restrictions on signs with noncommercial messages. For this rea- son, it would seem to meet the Central Hudson test. In this regard, anyone claiming that the model ordi- nance regulations are overbroad and go beyond what is necessary to achieve the twin objectives of traffic safety and aesthetics should be asked to set forth what lesser regulation would do the job. The Issue of a Total Ban Since the model ordinance does not totally ban billboards it permits those with noncommercial mes- sages and those that are on-premises—it ought to evade such rulings as Wolverine Sign Works v. Bloomfield Hills, 279 Mich. 205, 271 N.W. 823 1937), to the effect that statutory authority to regu- late billboards does not extend to a total ban. It should also avoid the First Amendment arguments that can be made with respect to any restriction on noncommercial speech, since such utterances enjoy a higher degree of constitutional protection than com- mercial mqs ges. Removal Provisions When it comes to proceedings to require the re- moval of abandoned sign structures, it is to be ex- pected that the billboard companies will engage in aagg lot of activity intended to forestall removal efforts in the hope that the ordinance may be overturned or changed to again permit billboards to be used for commercial messages. These will probably include use for public service messages or for displaying works of art or other uses. However, such tactics cost money, as does the maintenance of sign structures that do not produce revenue. If the ordinance survives judicial scrutiny, it can be hoped that most sign own- ers will comply eventually with the requirement that obsolete structures be removed. In the meantime, it may be rather costly and unproductive to attempt to enforce the removal provisie7n against determined opposition. - Ordinance Exceptions -and Claims of Discrimination Section 4 of the ordinance, which contains the ex- ceptions, was carefully worded to avoid unlawful dis- crimination. The first exception, designed to assure the relationship of the regulations to the stated objec- tives of preventing traffic hazards and improving the appearance of the municipality, merely excepts signs not visible from - the public streets. This answers an objection of Justices Brennan and Blackmun in Metromedia to the prohibition of signs visible from the "boundary of the premises" in the San Diego ordinance. They noted that traffic couldn't be hurt by signs visible from the boundary but not from the streets. 101 S. Ct. at , 69 L. Ed. 2d at 828 -29, 49 U.S.L.W. at 4935 -36. The exception relating to specific information pan- els is applicable, of course, only in those states where state authorities have begun a specific information panel program under the Federal Hiahw a Y Beautifi-b cation Act, 23 U.S.C. § 131. In such cases, the power of the municipality to regulate signs probably doesn't extend to those erected on state 3wahighy land under authority of state law anyway. The final exception is intended merely to avoid any conflict with state laws, such as Mich. CL. 252.305, Mich. Stats. Anno. 9.391(104 ), which purport to occupy the whole field of regulation of the size, light- ing and spacing of signs, and are intended to bring ZQNING AND PLANNING LAW REPORT Publisher: Alan L. Morse Editor -in- Chief: Justin D. Franklin, J.D. Editor: Fredric A. Strom, J.D. Contributing Editor: J. Benjamin Gailey assistant Editor: Nancy - Chapman Publisbed at New York, New Y #rk monthly except in August by Clark Boardman Company, Ltd. 435 Hudson Street ' New York, New York 10014 Subscription rate: $62.50 for eleven issues. Copyright c@ 1981 by Clark Boardman Company, Ltd. All rigbts reserved. Printed in U.S.A. 149 the state into compliance with the Federal Highway Beautification Act. Compensation for Removal The ordinance does not provide compensation for removal of signs because it does not require the re- moval of any signs. The only thing that it requires to be removed is former sign structures that are totally unused. Who has standing to raise the issue unless be has such a structure and wants to prove that it has g gsubstattialvalue, standing there doing nothi e Nonrotaforming Signs The model ordinance Iikewise does not permit the continuation of nonconforming uses. It is not in- tended as a zoning ordinance, since it applies equally roughout the community an o es not divide the community int different districts with different regu- la ions. It is intended to be adopted under he en- Yom." - 1- .i.. eral laws with resp to municipal poI ce power re u- 1- atil' o - n, not under the zoning enablin act. Land use regu atons o "this character have been recognized as not subject to the nonconforming use provisions of the zoning enabling acts in two decisions of the Michi- gan Court of Appeals. Casco Township v. Brame Trucking Co., 34 Mich. App. 466 191 N.W.2d 506 1971), involving a soil removal ordinance, and Renne v. Waterford Township, 73 Mich. App. 685, 252 N.W 842, appeal den'd 400 Mich. 840 1977), involving an ordinance requirement to dis- continue septic tank use and hook up to a new sewer. Conclusion The U.S. Supreme Court's decision in Metromedia does indeed seem to be a very significant case. De- spite the number of opinions and lack of a majority, it appears to clear the air on several of the issues that have raised doubts about the validity of many sign regulations, mostly in favor of the regulators. Fur- thermore, unlike many recent decisions in the land use control area, it appears to provide us with more answers than new questions. The Metromedia decision doesn't answer all of the questions, of course. There still remain many issues involving_on premises sign regulation, control of non - cornmercaal messages and others. In addition,. the decision ' raises. at least one question that is certain to produce - a lot of litigation. Which messages are com- mercial and which are not? Possibly we will end up with a rule that a commercial message is one that appears intended to advertise some commercial ac- tivity, with the courts evading the puzzles posed b Justice Brernan by focusing on intent rather than content. This is a familiar concept both in civil and criminal litigation. In the long run, the impact of Metromedia will Probably depend upon the extent to which it is fol- lowed by the highest courts of the several states. However, its majority Tulin gs seem .o be prett } J m ucb in step with the leanings oi state court decisions in recent years and it will probably serve to popularize these trends. The model ordinance which I have presented above appears to meet the requirements of all but two of the Justices. Throu b the ada of Ordinances -eg1? m bodying such precepts, we may hope for better daysYinthestruggletocontrolbillboardblight. Editor's Note: In conjunction with its decision in Metromedia, Inc. V. City of San Diego, supra, the U.S. Supreme Court, on July 2, 1981, summarily dis- posed of four other pending appeals involving sign or billboard controls. First, the Court denied certiorari in City of San Diego v. Metromedia, Inc., --- U.S. 101 S. Ct. — L: Ed. 2d 1004 49 U.S.L.W. 3979 gNo. 80 -196), which was the City of San Dieg own appeal from that portion of the judgment of the Supreme Court of California which held that the fed- eral Highway Beautification Act, 23 U.S.C. § 131, preempted the San Diego ordinance, at least to the extent of requiring compensation for the removal of billboards located within 660 feet of federal inter- state and primary highways. Second, the Court va- cated judgment in the case of Ryan Outdoor Adver- tising, Inc. V. City of Salinas, U.S. , 101 S. Ct. 69 L. Ed. 2d 999 49 U.S.L.W. 3978, (No. 80- 1797), thereby remanding the case to the Court of Appeal of California, First Appellate District, so that that court might reconsider its earlier unpublished opinion upholding a broad ban on off -site advertisin g in light of- the Metromedia decision. Third, the Court denied certiorari in Department of Transportation of the State of Oklahoma v. Pile, U.S. ---, l01 S. Ct. 69 L. Ed. 2d 1004, 49 U.S.L.W. 3979 (No. 79- 1617), thus upholding a determination by the Su- preme Court of Oklahoma, 603 P. 2d 33 (19 7 9) , that a state statute banning billboards should be ju- dicially interpreted as not applyin g to noncommercial billboards in order to avoid unconstitutionality. Fourth, and finally, the Court summarily affirmed in Campbell v. John Donnelly & Sons, U.S, r 101 S. Ct. --, 69 L. Ed. 999, 49j U.S.L.W. 3978 (No. 80-- 1597), thereby upholdingholding the federal Court of Appeals' determination, 639 F:" 6 (1st Cir. 1980), that Maine's statewide ban on billboards, while valid insofar as commercial messages were concerned, was overbroad and in violation of the First Amendment by reason of its virtual total prohibition of ideologi- cal and noncommercial signs in the state.) 150 1 KEY Naegel a Billboards 1 -12 Maplewood Mall Directional Signs 13 Northerna'i re Motel Pylon Sign 14 Mutual Servi Pylon Sign 15 Tom Thumb Billboard (on building) 16 Mount Zion Lutheran Church Sign 17 St. Paul Tourist Cabins Sign 18 Laber' s Liquor Store Sign 19 i rte w •• i:r • - -.r q.19 Ly 10 ..._ . MA P 1 EXISTING -BILLBOARDS MUMOPA M OF MAPLEWOOD memo w up A DV"TM$NT Or HlGHWKM 0 co wm"M WW IA IQIMM MK MWAT Ai7MIM"l IUM w" awemr r /w fewhon w "M TRANWRWION AND TRAM= ILANMM AND PROGRANIMOG DIYt91af OFTIca OW TRANOPORTAnON ANNUM mow... .. .......... r aim... .. IIlv...Lt + I* oftawe : 410 6. . 4t CO 16- • 0-0 0 0 1.9 tt )me- L-A r T 1 •, • 1 . . _—... "' O _ _ T- :J _ , _ , _ ..0 . _ • Its I 0 NCF VV Irv ONT" 97 PAUIL lot 4NL 41 L 2400 N.ftlijE()611F— -144 ! c: n 0 9, Ave C11,11W O L00 6O N. to-OF too ilInve. to rombeem 0 I* LA out, S.0 0 =[,we V .q 11k Isolill?" $It P&UL Igo I of Lj IIL ha2 64 0" r - 41 0 IUjf 46L ' 2 I1 = w 1•LsIC' w.I ` i r 1 rl ( ' ...• / '' t1 0.0 Jose, oem L 1 -1 F#7 r r ST PAUL ST. PAU' NUMBER OF POSSIBLE BILLBOARD LOCATIONS UNDER THE CURRENT ORDINANCE existin billboards are included) 101 billboards are shown CITY OF 14AP PETITIONER J' SIGN ORDINANCE AMENDMENT REQUEST Ins M t M nK f 3010A 11 R o i. 1 to cow* 411t-9.0100'" 1q-I par Nis A 1t r lob*; so few OWN i emo oil LXA ImmI FIFFIlow 3m r 3 ILImj - ' olio V 1 , OF We GNP" a orV2it, 4 4C fit QL'L y wNtE. 8E AR aE :. , •• 1 V 1! / ff #rN uY f tt IAA { {1.4w-....1 •.f A1 ---y O . W iu .. -- .ffYr/ air IwrN r _ _ -- ' ' ••• - NOIITN :T. AUI. r = 'j` }tf _ -_ ' 1 e 40 N, o ._ rr b r r i 0 n rlrl. ` OI txttt taa+ ` . V •: r !' J tI - f .L R. A f ; +, .7 .Q ... Nu a[_/ it 11 : " o r [d ,,.. s j • r' • # (III'= I r taf i tI iIII _ V • .JI..J!! J _ _ off © 1. - - - - 51 / 1lf. -- - ter fi I _ = _ : - = nr ST UL s , .. r 1 2404N. 1 } E w alb. Gr t.,%]U cs IeON O Itf O r :.' M MrIM R. r.. 1 NOIITN ft rAU< a -:s , ...... ..r i _% ' 1 . Jl st. 'A NUMBER OF POSSIE3LE BILLBOARD LOCATIONS UNDER PROPOSED ALTERNATIVE II texi sting bi 11 boards are i nc1 uded 52 bi 11 boa rds are shown 4 , xi sti ng Bi 11 boa rds p O 712 p , r IS. i s - • o i!Q, i t.M..N M N 1 N rY L 1 w t w wR ' Q . w aw M. ..... ... 9 _•- '" aftf B 1 M --- ,, ... 110 i d' . :_ 10 _ ' th _ 11 • ` I 3M , .. f f A c%' 0 E j 1 M. y 1 f I 1' Y ...._ j BILLBOARD SURVEY Staff surveyed the 18 metropolitan cities that are closest to Maplewood in population, to determine the required separation between billboards. Six of these cities prohibited billboards. The other 12 are ranked below b their. answers. The number in paranthesi s after each City's name is their X980 population, r SEPARATION REQUIRED BETWEn CITY BILLBOARDS IN FEET 1. Burnsville (35,674) 2 0 (presently • 00 - revs s ngordinance 2. Plymouth (31,,615) Separation based on speed limit 55 MPH 1 35 MPH 1 3. White Bear Lake (22,528) 4. Coon Rapids (35,820) 5. Fridley (30,228) 6. New Brighton (23,269) MEDIAN = 1,000 feet 1. Eagen (20,532) 2. Blaine (28,558) MAPLEWOOD (26,990) 3. Crystal (25,543) 4. Richfield (37,851) 1,000 1,000 1,000 11,000 1 500 500 500 on Interstates 400 elsewhere 500 on Interstates 300 elsewhere 5. Minnetonka (38.6 6. South St. Paul (21.,235) 500 on Highways - 1200 on Interstates 200 elsewhere 500 on Interstates 100 on State Highways 0 elsewhere, individually reviewed by speci ai use permi t State eiMinnesota Requirements s The following cities surveyed do not * all ow any n bi 1 ]boards Maple Grove (20,525) New Hope (23,087) Brooklyn Center (31,230) Golden Valley (22,775) Apple Valley. (21,818) Roseville (35,820) BILLBOARD SURVEY CONTINUED ....... For further information, the billboard separation requirements for suburban cities adjacent to Maplewood that are not listed above are as follows: Oakdale Ordinance - under revision . Woodbury 1,000 NOTE- only bill boards promoting a business or activity i n Woodbur are al l ow Newport Moratorium on billboards _ Little'Canada Billboards prohibited Vadnais Heights 1 North St. Paul 40 dw 2 _ y NAEGELE PROPOSAL a. Billboards shall not be located closer to any other such billboard on the same side of the street or highway facing traffic heading T in the same direction than: 1, 000 feet on any limited access hiElhwa - IC 2) 750 feet on the rema inin arteries. • 3) This - s _ 2acin . g does not apply to structures separated by buildings or other obstructions -in such a manner that only one sign face located within the above spacing distance is visible from the highway or street at any one time. b. Billboards shall not be located within the boundary lines of an railroad right of way . 3. Size: The maximum size limitation stated in this section shall apply to each side of a sign structure - and--- s4gf - s-.- Signs may be placed back -to -back or in a V type - core- s -truttsoff arrange ment if there are no more than two sign faces. The maximum area of a sign face shall not exceed: a. 750 square feet on limited access highways, including border and trim, but excluding base and apron supports and other structural members b. 450 square feet on the remaining arteries, including border and trim, but excluding base and apron supports and other structural members. 4. Height: The height shall be measured from the grade or the hi hwa , whichever is higher. The maximum height for billboards shall not exceed: - a. 40 feet on limited access hi hwa s. r. b. 30 feet on the a rteries. Proposed amendments to Alternative. 11, i 19 50 Lighting: a . b. Billboards w414 shall not be illuminated with flashing light or lights, except those giving public service information such as but not limited to, time, date, temperature, weather or news. Billboard lighting will- shall be effectively shielded so as not tor impair the vision of any operator of a motor vehicle. c. Billboard lighting mtts# shall not interfere with the effectiveness of or obscure any official traffic sign, device or signal. d. Billboards shall riot use lights between midni ht and 6 a.m. 6. Specifications Where the structural support is visible from the road in which is intended to be viewed, the billboard shall be constructed on 'a single pole. 7. Ground Restoration An round area disturbed, due to the construction or removal of a billboard, shall be restored to its on inal condition. 77 8. Nonconforming Signs: Any billboard sign existing at the time of the enactment of this ordinance and not conforming to its provision., shall be regarded as legal nonconformin9 signs which may be continued, if properly repaired and maintained as P rovided in this ordinance and continue to be in conformance with other ordinances of this municipality. Nonconforming signs which are structural) altered relocated rYo replaced shall comply immediately with all provisions of this codPoe. 9. --:An previous) ado ted requirements that conflict with 'this ordinance shall be null and void. s Section 2. This ordinance shall take effect of •ter its passage and~"pubicatron. Proposed amendments to Alternative 11. Passed by the City Council of the City of Maplewood, Minnesota, this day of 1982. 7 Itest Clerk Mayor Ayes- - Nays-- a LAIS , BAN N IGAN & KELLY, P.A. I ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR x SAINT PAUL, MINNESOTA 55101 DONALD L. LAIS JOHN F. BANNIGAN, JR. PATRICK J. KELLY September 21, 1982 Mr. Barry Evans City of Maplewood 1380 Frost Avenue Maplewood, MN 55109 IRE: Amen&rent to Secti.cn 1402.030 Dear Mr, Evans: Please find herein the follawi.ng to wit I p Amendment of Section 1402.030 Reference letter City of Hibbing Newspaper article City of Hopkins Reference Ordinance, City of Maplewood ices lease do not hesitate to call. If you have any quest P Sincerely yours, B & Kelly, P . A. r Patrick J . . l ly PJK /pk9 Enclosures AREA CODE 612 224 -3781 CRDINANCE NO. AN OIRD SCE AMENDING SFCTIC N 1402.030 OF THE MAPLEWOOD CODE FMM]NG To THE DISPOSAL OF GARBAGE AND RUBBISH THE CaUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY OPDAIN AS FO : of the lewood Code is hereby amended to read Section 1. Section 1402.030 MaP as follows: 0 Every person, finn Cr corporation, as a 1402.030. CCT owner cf anhouseholder, occupant and /or own y dwelling, boarding house, apartment b or any other estab lisht ent that accumulates garbage shall provide one metal ar 'or mare fly and water tight e equ rodden proof garbage containerl to conta all the garbage which accumulates between garbage collection unless they are required to carp y1 with Section. 1402.030, Subsection (C) hereof . Approved capacity of container shall be as follows: 1. 30 - 32 gallon capacity 2. 80 - 90 gallon capacity 3, 300 gallon capacity not covered under' Section 1402.030(C) A} All persons living in acccsnodations hereof shall p garbage nlacerbaaina1 &1/2 nil nLiniim polyethylene bagss or e of 32- gallon capacity or equivalent system equivalent in pe? containers except that on which shall be kept in the aforementioned said eP p • s are to be closed or sealed so as the day of collection, the filled bag laced fly tightht and removed from the containers, then p to be water and y g . the all for pickup special arrangementsunless at the curb line or next to 1& 1 2 mil minim in service. Rubbish shall be place in / are made for walk in foarnanoe in avmounts not weighing in polyethylene bags or equivalent P m laced for excess of 75 lbs . ar more than 32 gallon capacity, and Y p pickup on the garbage pickup date next to the curb line or next to the alley* B) Tree 13m bs not exceeding four inches in diameter nor three feet in length, than ei hteeri inches in diameter, and Christmas. tied in bundles of no more g ees u to seven feet in 1 may also be placed in the same manner. tr p gC) The owners, operators of mane aers of any building containing more than. two rm. or corporation where garbage accumulates in dwelling units or of any f 1 have vat service in excess of four 30 -32 gallon cantainers per Week shall ha alt hauler licensed to do business in Maplewood weekly f ram a ci Y is rd and of an approved The vats shall be of a minima. capacity of one cub yard sanitary type with the pro attachments for lifting on to refuse trucks . 1' as waste material under 1402.020, D) Waste Material . Such items def .raed of these shall be. disposed of by means of a special pickupSubsection (C ) Po properlyitemsbyroahauler equipped to reader such service. Sectim 2 . This ordinance shall take effect and be in force form and after its passage and publication. Passed by the Council of the City of Maplewood this day of , 1982, MAYOR Ayes - Nays - Attest: CLERK 2. w BELLAIRET 8678 75TH STREET NORTH STILLWATER, MINNESOTA 55082 612) 429 -6766 r. C:> J s 2 0 " Cit amity or "a E;,00^ 'r c: t Ave r...1, Fose I r'L'_ Y E C ' •' f r c .. e C 1 0J • ... + 1 ! 1.i .` Ala . 1.. 1 ..a a of my call :`raj to d.&. UrV :?1 E Ci1. Y V INC. T i-r ..' ^Y+ , nQ 1+ •• • 1. l T z 1.. r • .-4 • •: r r .I. r . t ` y _ a . / a ... ,- •rl ` a/. i G.. .j. r . . `/ 1/... l.a l L/ V. v r r GI.. i rrL ... L I r .. ...r _ .. r,. . r y . r..6nce c v, r ., rr CA LA .2 n • Tit L •-• 1 ^ •J•• •: r . r. tel : V y + ~ l j Vl i r t1. V : • a _ _ C; c ld i .. • . . 1 C' I,e is C' 1 li L D res +Cer . rz:. vac U E \.r CCr. ..0 CA.- r ,, .. r -A A. L/ Ar • r v . Y` aF .. ' - C `- - i+ . 1 F d to _ ..i :., L .: 1 .E v 1 .,.. 1 ' . V .J. • L a . t: .r. rr•. r L V 1 r , t • / r / l !+. \ r , Roseville V 1 V .i 1 i c. + y .. .. a .. V. . V .. .. / i .... a. •- • .J r. ' .1 . a• V • \ •t y - v v Lr. .... n v Va 1 • i • r `/ 1 S a 1 1L- C ZA .L. .l. .l , A . Ci - E , E E. I .. ..• • i I - " -I- " at i v . ... acA _ .. r' I _ Ga v .l C c k e t, a r.:? j a r E ra : ...:. in g ... V :. L . O l.. e 0 1 .. ...._. 1. • 1. .. .. v L. k If thEr e are any c t 1 ol reA-ard +n- cur can C' _'',j d L. v _I1Cr' .:. ,,. C ?": ,. e r` ,..v C._L CI _ C eae L t0 c0rl C 0 . 1Ce . Sincerely, qd4 L u j Ch1iS o, in CaleA . 4r 1.-- J. N IL lpsaif itior 140' 1 iciga E r f vSOLVI. e agUe C) ive8it - C1'R ID au ari 330 13 a DateL'SF ut s I of ee B aiit 14inriRefeYMgitof ectOtoV ({ 4 _ •• 0 Sub E o to st + 6ce %,1s W erne S Mine S . - & oil ls `t Nrtt+sr en o = y Ao 1 •lg . ,w,,oto ., tt,t s rye p ° . i , i r _a•'-: ," °ti'" lilt Jw 1 riotY t lot :,, v t'^" Ow. PIaidvt Y : wt t* 4!AdtNETw ` , { '' "e - d! a: fireKY 'adr pY b. 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OX 11 b! 1' ( at i4 4r M . tCWhPshan+ trot~ u5 f .pdrt+n ,Kith o+t1er's of; 61 yet or at cord' emiSO+ Qa11ot M , , Werally Control tfiP • t#! iytY !r0 thet1 1C vie* • 'rho ES C O t as # ' - • ian`llvd teir+e fry two+• AZT C. P qe, hiclPstt Y or 4 F to swot C th+K'r itY a vets vrer y+ the o as if tee r ealit9 tslht's• pvM` dtheC' k . Tres o ' `e hp4 R •. ,~ t re c ive the NAM Corr' r a" L1Er . ,}IaY 1• the Me s .. . Ct, v is Ot tt lletlA ,e e, SUIT' • irMe rp M%i w trenjo y, t ion t3,ar,b at vi 9 ; . Ali , + oun t es • ttf s i hotit Y sa4 t vt sha d 'b tam ttvc no ity Ot s . arY premises C*- „N4se r ctj, or does #h #,,pa! dtr%er. etY+tS 1 Peso+, v , o th rode is to no lht H vs .ot t r or rept daterbtsrasPrOthisoroYldrq the r!P et 'a 1d r itln9 tt ' shall :e4vj the C rec bY tvej Ot e, 1a1 'liff%1 t fcoc t5 Oor of the DOCe and at the cOn At the v ideT AV% loethelCeedhd1:d %0 "90Rio Comer.CO'"p- *Malt be, 1t c A0,6 t t the Pon* 49" 1n {tit CK v Ctloo ttfol' r any PsiOr`jCCti+rQ dew t . 1 • J i* 0j U% . CO cot the allWoo j unto the it or r , r titer! ; ratlot+ - wCh e ov" . romCplru'bt)io toKvr eta ' , svir6 t1rS • 00 ass cfi at, On _- c; pal A ty Aun g ZV I cf. CA ti es date '. ----- nes° t eet 1 Suber a 551 inne °t . woo z 40 vo wpr IL firm of 40 IOU Its Its ro * ft as o IL q :, _ ,tT "'' : _ - +eat • . `" - VW ONO owl !'c'room ,,, per, too doff esto 1 h -t ^ • ` iwlow Ar PI Om SERVICEFORMATI to ue of Minnesoa 3fl Cedar Street t. 5101PaulMN5 Ci ti es rut at awl 144 m WOO-Biwa Qf " t bad V ryt, "tom+, e y tbe . as WO be 4V three a o 414r' ld WSW {ifs hts nr .ter otl . to Ush rRjU bt pi aa r va , bad , ins+ d r e +oU t . an '` rat$ :'Wit t .. .e, `.t } ,[: 1:Y+,Y•t` '.:Y.,vit US Odes r classification NO* Muni ci pa i ty Date ck, Subject Art - l -, 0 lddrk _,+fit a.. i . .. . _ s. dk eid of at S UPbt i'Ow - fullVmpm ;,' j a and rte a . . y - r•• -:.• „ sams:.;.afi Y;,• --- * Pay Teases W ' 11 4 f , +` 1 ! • lid rate fig,. 0 mer affectCO Ow s:..:. S . t m t bee1td r ga a. ._ bare . the caap of dox? fie ' . titer ave : Y 10k ?bull a : # 'barges man age COS UjidWr jam' b i vM _ j;. . >•;. x s use ill - "- UO t ^, Virgt+ia.d gow 't "yetIndtanas' ttsdae • 1 tb -tty . any1 • tee t ©fin 8 :iota t 1.uuC - 0' fie eJ-y fiten8 yteStfvns about the newqluforinwould lind o ed rould .the C81 tYpla+t in the told thein tha his Cotu pP xesponsbte f of to y . 0an ,y woad itizena, jod .' oring ill C wou #a g atiY ,yelDreaentativea bur ad fijjQOr-.,-Aq.- . . tinS cotild be alsc' be said• lieare,cess Y media Aye &ge • ` r eSh .fion ' tee w h +®ed I vajgq tray othe Quid rlece ' p e finer ilm the alley IL large t I,,about + a e• an lUey will roe . elg, These s tented on whe: .mac curb on will be railed .out to sad • lie eS_ iet -up days, KepP about 4% P tied such cane held f g$ ,_ma full o conventional Cam haSe • i.C• i MEMORANDUM Z- 1 TO: City Manager -- FROM: Finance Director xr. RE: LOGIS Joint Powers Agreement Approval DATE: October 6, 1982 PROPOSAL It is proposed that a joint powers agreement be approved to allow the City to become a member of the LOGIS data processing consortium for payroll, utility billing and financial /accounting services. RAC. KG ROt 1N n Maplewood is a charter member of the Ramsey County Data Processing Consortium which was formed in 1977 to provide a low -cost alternative to the LOGIS (Local Government Information Systems) Association. The Consortium has been moderately successful and. has only five members: Whi Bear Lake, New Brighton, Mounds View, Chanhassen and Maplewood. Three data processing applications are available from the Consortium i.e., payroll, utility billing and financial /accounting servi . LOGIS was formed in 1972 with ten members. This organization has been much more successful as its membership has grown to twenty -five governmental units and it has developed a much more powerful data processing system. Presently there are.nine data processing applications available along with special servi such as on-line file searches, on -line programming and word processing. Over the past eleven years LOGIS costs have decreased and during the past five years the Consortium's costs have increased. The 1983 costs for Maplewood to operate the payroll, utility billing and f nanci al /accounting data processing modules under LOGIS versus the Consortium are nearly the same ($26,960 and $26,423 respectively) . However, the q uality and level of services provided by LOGIS are much higher than those of the Consortium. The most basic diffe between these organizations is that the Consortium provides data processing services on a batch -mode basis whereas LOGIS operates on an on -line basis. The attached report explains the differences between LOGIS and the Consortium in more detail. This report also outlines the City's data processing goals and analyzes the extent to which these goals are met by various data processing alterna- tives. The report concludes that LOGIS is the best data processing alternative. Also. the report indicates that the City should convert its payroll, utility billing and financial /accounting modules from the Ramsey County Data Processing Consortium to LOGIS. ( The Consortium has developed contingency plans to continue its operations if Maplewood withdraws from its membership.) RECOMMENDATION It is recommended that the attached resolution be adopted to approve the LOGIS Joint Powers Agreement. (A representative of LOGIS, Ted W.i l l and , will be at the Council meeting to answer questi DFF :Inb RESOLUTION AUTHORIZING EXECUTION OF LOGIS AGREEMENT prepared whichoptionshasbeenp. WHEREAS , a Report on Data Processing p data Droces s i ng outlined the City's cur rent data processing services and its goals; and processing alternatives relative this report analyzed various data p stemsWHEREAS, p .Local Government Information Sy these oafs and determined that the City to meet its Associat to 9 t cost effective approach for the ion (LOGIS} is most immediate data processing needs. Mayor and City Manager are hereby THEREFORE BE IT RESOLVED, that the y Joint andNOWTHInformationSystems (LOGIS) d to execute the Local Governmentauthorize of Ma lewood for participation as an i ve Agreement on behalf of the . City p Cooperat 9 operating associate member; and p 9 r is appointed to represent the R RESOLVED, that the City Manage pp Qr isBEITFURTHERdirectorandtheFinanceDirect f Maplewood on the LOGIS Board as City o p they to director in accordance with provisions of the agreement. appointed as alternate CITY OF MAPLEWOOD REPORT ON DATA PROCESSING OPTIONS prepared by Daniel F. Faust, Finance Director October 6, 1982 TABLE OF CONTENTS Pale CURRENT DATA PROCESSING SERVICES. . . . . . • . • • • • • 1 CITY'S DATA PROCESSING GOALS. . . . . • 0 • . • • • 0 • • 2 DATA PROCESSING ALTERNATIVES* . . . . • • • • • • • • • 4 LOGIS DATA PROCESSING SE RVICES. a 0 0 0 7 COST COMPARISON SUMMARY . . . . • 0 • • • • • EXHIBITS: A.LOGIS APPLICATIONS USED BY MEMBERS IN 1981 B . DETAILED INFORMATION ON LOGIS C. LOGIS PROPOSAL CURRENT DATA PROCESSING SERVICES Maplewood currently has six data processing applications in operation which are as follows: APPI TrATTnN Payroll, Utility Billing and Financial /Accounting Ambulance Billing Fixed Assets Management Police Records System P.O.S,S.E.) PROVIDER Ramsey County Data Processi nq Consortium, Tabul ati nq Service Bureau, Inc. Marshall and Stevens, Inc, State of Minnesota Each of these applications are operating as independent modules with no integra- tion between them. Background information on the above applications and providers is contained in the following paragraphs. The City is a charter member was formally organized under This Consortium is currently payroll, utility billing and Consortium, in addition to K and Chanhassen. of the Ramsey County Data Processi nq Consortium which a joint powers agreement effective January 1, 1977. provi di nq the City data processing services for financial /accounting purposes. Current members of the apl ewood, are White Bear Lake, New Brighton, Mounds View The Consortium is governed by a Board of Directors that consists of the City Manager from each member c i ty, . This Board meets periodically to conduct official business of the Consortium. An Operating Committee, consisting of the Finance Directors from each member city, meets monthly to review oaerati ons and software development projects. The Consortium has a contrast with Ramsey County for use of its computer facilities and for data p rocessi ng management services. A full-time programmer is employed by the Consortium to supervise operations and for software maintenance and development. Data processing services. provided by the Consortium are on a batch -mode basis rather than on -line. Under the batch -mode basis, City employees normally complete data processing Processininput forms which are delivered to the county's computer facilities in the courthouse for keypunching and computer processing. The comn-uter output docu- ments (i.e., checks, utility bills, pri ntouts) . are del i vered to the City usually within three to ten days after the input forms are delivered to the courthouse. Most reports provided by the system are generated once a month. 1 Total expenditures for the consortium in 1977 were $66,445, of which Maplewood paid $10,375. For 1983, budgeted expenditures are $108,000 and Maplewood's share is $24,717. Part of the reason for Maplewood's larqe increase in costs is that we were implemented on the consortium's payroll module early in 1981. Prior to that time, the City received payroll data processing services from Tabulating Service Bureau, Inc. which is a private service bureau. The consortium is beginning to develop an on -line system wherein each member city would have the option of using a word processor or terminal that would be linked with the Ramsey County Computer facilities. Development of this on -line system will require revision of existing software (computer programs) and development of additional software. This development process will entail testing and "debugging" of the new software which inevitably w i l l be a frustrating and time - consuming process for member cities. Also, the development of the on-line capabilities w i l l probably be expensive and take a great deal of time. Data processing services for ambulance billing are provided by Tabulating Service Bureau (TSB) Inc. which is located in White Bear Lake. This system is on a batch- mode basis and provides bills and reports once a month. Anticipated expenditures are $1,000 for ambulance billing services in 1983. Marshall and Stevens, Inc. provides the city data processing services for a fixed assets management system. This system provides reports at the end of each year on all structures, land, vehicles and equipment owned by the City. The reports have the assets grouped by fund and account group with detailed information for each asset (e.g., location, description, date purchased, original cost, current deprecia- tion., accumulated depreciation, replacement cost, insurable value, department that has custody, etc.). This data processing system is also on a batch -mode basis.. The estimated cost for operation of the system in 1983 is $1,850. The p olice records system currently in operation is called. ENFORS and is a modified version of the P . 0. S . S . E . system. Maplewood became operational on this on-line system early in 1981 after the installation of a Texas Instrument mini - computer.y The mini- computer, along with three terminals and two printers, is being leased through the State of Minnesota on a five -year contract. The system provides rapid and easy access of police management information on i tems such as crime analysis, * investigations support, operations analysis and stolen property. Anticipated -1983 expen4i tures are $16,380 for the ENFORS system. CITY'S DATA PROCESSING GOALS Based upon my discussions with other department heads and the Finance Department staff s i believe the following represents the City's data processing objectives: 1. Install a data -_ 2rocessi system that provides output documents and information either instantaneous) or within a maximum of 24 hours. Up -to -date information is required for qood management decisions. Output documents such as utility bills should be generated near the first of each month to speed up the collection of utility. bill payments which is important due to the hiqh time value of money. Man y people pay their bills shortly after they are received regardless of the payment due date.) 2. Install a data arocessin s stem wherein city emolo ees can access up- to-date information vi a a terminal. This feature would be beneficial if a citizenn cal 1 s to find out the status of their utility or ambulance bill account. Also, this feature would be helpful in providing up -to- date information on revenues and expenditures. 3. Install a d ata rocessi system with the caoabi1ity to uer information on file in the co . uter without the assistance of a programmer. Thismo capability could provide answers to such questions as: a What employees were nai d more than $100 in overtire this ,year? (b) What are the ten largest utility customers? (c) Which ambulance bills are delinquent that have a bala in excess of S50? (d) What vehicles and equipment should 1st? (e) How much the city insu when the policies are renewed on July has been spent on travel and training to date? data rocessin.4. Install a p of a olications system that can easily be expanded b the that have already been developed and tested. addition a licationsCost-s p that should be considered in the near future e are word processing, Deputy Registrar functions a nd vehicle / q uipment maintenance. 50 Install a data r)rocessi s stem wherein software devel o rent costs can laa number of cities, Software development costs have be shared with a 9 rocessinq costs been .becorin g an increasingly larger portion of the data p Packaged software pinstallations* rograms available for for most computer ins private business. governmental entities are much more limited than for . One reaso for this is the unique characteristics of fund accounting which governmental entities must use The packaged programs that are governmental entities generally require a great deal of available1abla for govern a modification to meet local needs. T reduce software devel costs,, many c work j to develop programs , usually through a consortium. system that is sup orted b skilled personnel -_ E. Install a data process n r si n i s a hi , h- technology f ication support. Data proces q 9 0 technical and appl raid changes. New hardware and software pack f i el d which i s undergoing re ui res a grea deal of s are constantly aopearnq in the market which q 9 age Evalua- person just to stay current with the latest advances. time for a pe tion of new technological advances and propose d data processi applications s time consum ,by users i in and. expensive. Also, ooerati on and maintenance sin systems requires skilled professionals. of exng data proces Y e that would be involved Maplewood is not large enouqh to .justify the expens n developingi .these capabilities by additional personnel. is easy to operate b existin, 7. Install a data processi n system that . l develop data fits i n having existing personne personnel. There are benefits processing e xpertise. However, these skills should be secondary to those needed for normal municipal onerati ons . m that has the. capability to consolidate 8. Install a data orocessin system earlier in this in - a lications. It was indicated earl . current data process currently has six data processing applicat report that the C ions n city c • y should be consolidated ion through four providers. Ideally , these operation nt and possible sharing of hardvard with one provider for east of management and technical support staff. 9. Install a data processing system that will provide high-quality results at a reasonable cost. Cost is obviously an important factor in determining the best data processing options. However, in order to obtain good manage- ment information from a data processing system, an option other than the one with the lowest cost may have to be selected. DATA PROCESSING ALTERNATIVES The City of Maplewood currently has three alternatives to meet it's data processing objectives: I. Become a member of the Local Government Information Systems (LOGIS) consortium. 2. Obtain a large computer and required software for an in-house facility. 3. Continue the present data processing systems with no changes. The schedule starting on the next page lists how each alternative above relates to the City's data processing goals. 4 CITY OF MAPLEWOOD DATA PROCESSING ALTERNATIVES GOAL 1. Provide output instantaneously or within 24 hours. 2. Provide access to up -to- date information vi a a terminal 3. Provide capability to query data in computer without a programmer's assistance 4. Provide capability for expansion with applica- tions already developed 5. Provide a system wherein I softward development costs can be shared I L0GIS Provides on -line edit and verification of entries Short reports printed on terminal Checks, utility bills, etc delivered day after data entry Users have option of inputting data daily Terminals are used to access data Allows on-line inquiry without a programmer's assistance Existing applications e.g., word processing, Deputy Registrar, vehicle maintenance, police man- agement reporting, fixed assets accounting) will meet needs during the next several years Future needs could be met by new applications devel- oped jointly IM - HOUSE I PRESENT SYSTEMS Same features as LOGIS All systems are batch -mode except the Police Records System which is on -line. Under the batch -mode systems, output is delivered within 3 -10 days (except for the fixed asset system reports which are delivered within two months) Same features as LOGIS Query capability varies among software packages Packaged programs usually require modifications for local needs which can be costly Possibility for cost sharing very limited The Police Records System has the same features as LOGIS All other systems are batch - mode and data is updated monthly (except for the fixed asset system which is updated annually). The Police Records System allows on-line inquiry All other systems do not have this capability No additional applications that are already developed) are available P o s s i b i l i ty exists for the purchase of packaged programs which usually require modifi- cation for local needs Same as LOGIS GOAL F. Provide skilled data processing personnel for technical and applications support 7. Provide a system that is easy to operate L0GIS Authorized staff for 1983 consists of 14 full-time employees to serve LOGIS members Existinq applications are user friendly Terminals are programmed. to edit incorrect data to l i m i t errors Terminals print revised account balance after entry for verification User manuals explain. all procedures 89 Provide capability to consolidate current applications Programs exist for all applications currently used by Maplewood except for ambulance billing Program for ambulance bi l l i nq could be jointly developed with other cities 9. Provide high- quality results at a reasonable Best alternative as evidenced by participa- tion of 25 governmental bodies IN -MOUSE Current City staff would be required to shift work priorities to operate system and keep up -to -date on technoloqical advances Consultants would have to be hired for programming and system analysis Additional City personnel would eventually be required Features regarding ease of operation vary _among manu- facturers Packaged programs usually require modifications for local needs which can be costly Costs can become unreason- able when software needs modification and City Personnel or consultant are needed for data processing services PRESEMT SYSTEMS One full-time programmer is employed by the consortium Ramsey County data processing staff provides services on a consultant basis for the sortium The Police Records System is supported by the State and a private consultant Existing applications are user friendly On batch -mode systems, errors errors often do not appear until after reports have been printed User manuals are incomplete for the batch mode systems The consortium could poten- tially provide services for all six applications but this would require a considerable expense for software devel- opment Costs for the consortium are competitive with LOGIS but the quality of services is less Costs for other ap.pl i cati ons need further analysis. The preceding schedule indicates that LOGIS best meeds the City's data processing objectives. For the payroll, utility billing and financial /accounting applications, LOGIS w i l l provide the capability to query up -to -date information on a terminal and output documents such as checks and utility bills will be delivered to the City within 24 hours. This would be a fantastic improvement over the Consortium's batch- mode operations which deliver output documents 3 - 10 days after data input. LOGIS also has additional applications already developed which should meet the City's needs for several years, With an in -house computer, the City would have to find packaged programs and pay for modifications to have them meet local needs. Needs that could not be met with packaged programs would require that the City expend large sums of money to develop the required software. An in -house computer would require that current City personnel spend a considerable amount of time to keep current with technological advances in the data processing field. Eventually, additional personnel would be required to coordinate the data processing services used by each City department. The initial investment for hardware and software would be $65,000 for a NCR system and $212,500 for an IBM system. Additional software modifications probably would be needed for both of the systems. LOGIS has a large staff to provide technical and application support to Maplewood. The LOGIS staff reviews the latest technological advances and makes recommendations to member cities on whether and how they should be implemented. LOGIS.has detailed user manuals on all applications whereas the Consortium's manuals are incomplete. The on-line operation of LOGIS will enable the immediate correction of errors. With the Consortium, errors are corrected after the input is sent to the County's computer facility but sometime do not appear until after the reports have been printed and delivered to the City. LOGIS also has the potential capability to consolidate applications currently used by the City but the f e a s i b i l i ty and costs involved will require further study. Of the three data processing alternatives, LOGIS has the highest quality services at a reasonable cost. The fact that 25 other governmental bodies are members of LOGIS is evidence that it is the best data processing alternative. LOGIS DATA PROCESSING SERVICES The Local Government Information Systems Association ( LOGIS) was formed in 1972 under a joint powers agreement. During 1981, LOGIS had 21 members who used from two to eight of the applications avail able (see Exhibit A) . The following Minnesotag cities are currently members of LOGIS:. CITY MEMBERS POPULATION Apple Valley 21 Brooklyn Center 31,230 Brooklyn Park 43 Coon Rapids 35 Cottage Grove 18 Crystal 25 Eagan 20,700 Eden Prairie 16 Edina 46 Fridley 30 Golden Valley 22 7 CITY MEMBERS POPULATION Hutchinson 9 Lakeville 14 Maple Grove 17 Mendota Heights 7 Minnetonka 38 Morris 5 Mound 9 North St. Paul 11 Orono 6 Robbi nsdal e 14 St. Louis Park 42 Shakopee 9 Total Population 501 In addition to the above, Eau Claire, Wisconsin and the Metropolitan Facilities Commission are members of LOGIS. Total Logis membership 1s now 25. LOGIS is organized in a manner similar to the Ramsey County Data Processing Consortium. There is a Board of Directors composed of one representative (usually the City Manager) from each member unit. Five members of the Board serve on an Executive Committee that meets monthly to review operating policies and financial matters. In addition, there are various user committees (consisting of represent- atives from departments wi thi n each city such as police, public works, finance) who meet as needed to discuss software enhancements and development projects. These user committees make recommendations to a Systems Evaluation Committee that meets monthly to monitor software development projects. This committee makes recommenda- tions to the Executive Committee. LOGIS has leased office facilities in Brooklyn Center and owns two Hewlett-Packard computers. Their full-time staff presently consists of- eleven but w i l l be increasing to fourteen in 1983 to properly service its increased membership and additional applications which have been implemented. On -Line data processing services are provided by LOGIS on terminals that can either be leased or purchased. Employees in member cities use the terminals for data entry. The time required generally is comparable to the time required for preparation of input forms under a batch -mode systeffi. At the end of the day, during the second and third shifts, the LOGIS computer center processes the day's input and produces computer puterout ut documents (i.e., checks , utility bills, printouts) for delivery to member units the next morning. Users have the option of using the terminal daily to record current transactions so that up -to -date account balances can be maintained. Total ex p enditures budgeted for LOGIS in 1983 are $986,899. The 1983 Budget for LOGIS is the first one in eleven years that includes an increase in user charges. In fact, charges for operations have decreased since 1974 as follows: 1974 1982 64 45 2735 20 250.00 127.50 Cost per payroll check Cost per utility bill Monthly base charge for financial system The approved 1983 budget increases LOGIS charges by 15/0 i The LOGIS modules for payrol 1, utility billing and financial/accounting services have many features not available in the Consortium's modules. Some of these features are: I. Automatic posting of payroll data to the financial module which will save approximately two hours per month. 2. Computer generated P.E.R.A. reports for each payroll which will save approximately 22 hours per month. 3 . The annual E. E.O.C. report is prepared by computer which w i l l save approximately 8 hours per year. 4. Mailing labels can be printed for any range of utility customers. 5. The utility system can provide population estimates by type of unit with allowances for vacancies. Additional and more detailed information regarding LOGIS is in Exhibit B. COST COMPARISON The section on data processing system alternatives indicated that LOGIS was the best option. The proposal is for the City to convert its payroll, utility billing and financial /accounting data processing services from the Ramsey County Data Processing Consortium to LOGIS. A formal proposal for data processing services has been received from LOGIS (Exhibit C}. The LOGIS proposal includes cost estimates for ,a full year so that they can be compared to the estimated 1983 costs for the consortium. However, actual costs for LOGIS in 1983 would be less than those indicated as it would be impossi bl e for the Ci ty to convert al 1 three modul es - to IOGIS. by Ja )nuary - 1, 1983:. ' One issue raised in the LOGIS proposal is the ,need for two terminals. The LOGIS cost estimates are based upon two terminals as I indicated that the utility billing function is being done in the City Clerk's Department rather than the Finance Depart- ment. However, Mr. Willard has recommended in his letter that the City install only one terminal based upon his experience with other cities. The cost per terminal is 2,090.40. An analysis of this issue indicates that for utility billing a terminal would be used to handle customer inquiries regarding their account balance and to enter payments on account. The majority of utility b i l l nayments are processed by Maplewoodewood State Bank through a lock box service. Data regarding these payments ispg furnished to the City on a computer tape which is used to update the data processing system. Taking this into consideration, a terminal would be used only about two hours each month for utility billing. Thus, a second terminal cannot be justified due to the cost involved versus the use it would receive. A second issue regarding cost that was not addressed in the LOGIS proposal is Maplewood's unique characteristic of having utility bills that do not include a charge for water usage. This factor reduces the computer time needed to generate9 utility bills. Mr. Willard has indicated that Maplewood should receive a reduction in the standard LOGIS rates for utility bills which would amount to approximately 600. This reduction will require approval by the LOGIS Executive Committee.} Third, the LOGIS proposal indicates a standard business phone would be needed for the terminal The annual cost for this is estimated at $498.9 W The preceding items affect the 1983 estimated LOGIS costs as follows: 29,152.83 Total costs per proposal 2,090.40 Less second terminal 600.00 Less discount on utili billing 498.00 Add phone cost for terminal 26,960.43 The 1983 Budqet for the Consortium proje Maplewood costs will be $24,717. However, not included in this is the cost of forms ( checks and utility bills) which are included in the LOGIS costs. These forms are estimated to cost $1,706 in 1983. Therefore, total costs during 1983 with the Consortium will be about 26,423. The following is a comparison of LOGIS and Consortium costs by category: The transition from the batch -mode operations of the Consortium to the on -line operations of LOGIS will require that City personnel become responsible for the data entry function. The Consortium costs for operati includes approximately 4,000 for outside keypunch services which average about 30 hours per month It is assumed that the on -line operations of,LOGIS will require a similar number of hours for City personnel to enter data on terminal. Approximately ten hours per month w i l l be required for data entry into the payroll and utility modules. However, preparation of data processing input forms will no longer be required and this will save approximately ten hours per month. For the financial /accounting module, approximately twenty hours per month will be required for data entry on the terminal. This cannot be offset by the elimination of source documents as a) receipts w i l l still have to be issued /coded and (b) invoices will still havep to be coded before the data entry function can begin. However, approximately twenty hours per month will be saved by features of the LOGIS aayrol 1 module which will produce computer- generated P . E . R. A. reports and will automatically post payroll data to the financial /accounti module. Future costs for LOGIS and the Consortium are expected to remain comparable. Also, it should be noted that the quality and level of services provided by LOGIS are much higher than those of the Consortium. Thus, at this point in time, LOGIS is the best bargain. SUMMARY The City of Maplewood has six data processing applications in operation which are received from four rovi ders . All of these applications are on a batch -mode basis except for the police records system which is on -line. An on -line system p m would be preferable for all applications because information would be more un -to -date and easier to access. 10 LOGIS Consortium Administration 4 6 Development 2 6 Operations 20 13 Total 26,960 26,423 The transition from the batch -mode operations of the Consortium to the on -line operations of LOGIS will require that City personnel become responsible for the data entry function. The Consortium costs for operati includes approximately 4,000 for outside keypunch services which average about 30 hours per month It is assumed that the on -line operations of,LOGIS will require a similar number of hours for City personnel to enter data on terminal. Approximately ten hours per month w i l l be required for data entry into the payroll and utility modules. However, preparation of data processing input forms will no longer be required and this will save approximately ten hours per month. For the financial /accounting module, approximately twenty hours per month will be required for data entry on the terminal. This cannot be offset by the elimination of source documents as a) receipts w i l l still have to be issued /coded and (b) invoices will still havep to be coded before the data entry function can begin. However, approximately twenty hours per month will be saved by features of the LOGIS aayrol 1 module which will produce computer- generated P . E . R. A. reports and will automatically post payroll data to the financial /accounti module. Future costs for LOGIS and the Consortium are expected to remain comparable. Also, it should be noted that the quality and level of services provided by LOGIS are much higher than those of the Consortium. Thus, at this point in time, LOGIS is the best bargain. SUMMARY The City of Maplewood has six data processing applications in operation which are received from four rovi ders . All of these applications are on a batch -mode basis except for the police records system which is on -line. An on -line system p m would be preferable for all applications because information would be more un -to -date and easier to access. 10 Currently the City has three alternatives to meet the nine data processing objectives cited in this report: join LOGIS, develop an in-house computer facility or continue the present systems with no changes. A comparison of these three alternatives with the City's data processing goals indicates that LOGIS is the best option. The fact that 25 other governmental bodies are members of LOGIS is evi- dence that it is the best data processing alternative. Initially it is recommended that the City convert its Da,yroll , utility billing and financial /accounting modules from the Ramsey County Data Processing Consortium to LOGIS. The conversion of other applications to LOGIS should be delayed for approx- imately a year to allow time for a detailed comparison with present systems. Also, thi s del ay woul d al l ow time to compl ete convers i on of the oayrol 1, uti 1 i ty bi 11 i ng and financial /accounting modules. The costs for operating these three modules under LOGIS will be approximately the same as if no change were made. However, the quality and level of services provided by LOGIS are expected to be much higher than those of the Consortium. 11 EXHIBIT A It < > MEMBERS During 1981, users of the system were as follows: Member PR UB FS EC PA PA PDS Apple Valley X X X Brooklyn Center X X X X X X Brooklyn Park X X X X X X X Coon Rapids X X X X Cottage Grove X X X Crystal X X X Eagan X X Eden Prairie X X X X Edina X X X Fridley X X X X X Golden Valley X X X X Hutchinson X X Lakeville X X X Mendota Heights X X X Minnetonka X X X Morris X X X Mound X X X Robbinsdale X X X X X St. Louis Park X X X X X Shakopee X X X Met Sports X X Application Code PR UB PS EC FA PDS PA LICS DEPS SA Description LICS DEPS SA am mom X X X X X X Payroll System Utility Billing System Financial Control System Equipment (rolling stock) Management and Control System Fixed Asset Accounting System Property Data (Assessment, Appraisal) System Police Administrative Reports Service Liquor Inventor9 Control System Deputy Registrar (Vehicle Licenses and Stickers) System Special Assessments System X EXHIBIT B Page I of 6 WHAT IS LOGIS Local Ouvernment Information Systems LOGIS) is a consortium of local govern - mental units sharing a computer-assisted information processing system with maximum freedom of use and flexibility provided to individual Members. It eliminates the need for data processing staff in each Member unit; fosters the creation and use of powerful programs (software) containing a wide variety of options to meet changing user needs; and designed to make it easy to meet many unpredictable needs for information. WHO MAY JOIN Any Minnesota governmental unit. SERVICES AVAILABLE The computer- assisted services presently available to Members of LOGIS include: Payroll Utility Billing Integrated Financial Control Equipment Control Fixed Asset Accounting Property Data (Valuations, apraisal data, homestead) Special Assessments Liquor Inventory Control Police Management Reporting Word Processing On -Line File Searches (QUERY) On -Line Programming ORGANIZATION AND CONTROL LOGIS' Board of Directors is composed of one representative from each Member unit. Each member is also entitled to name an alternate. director. Directors and alternates are chief administrative officers (primarily City Managers) and employees with general management responsibilities to assure the Board of optimum effectiveness in guiding the LOGIS organization. Participation in LOGIS is contractual. There are no restrictions as to unit size — only a commitment to the objectives of LOGIS and agreement to pay established membership dues and charges. PURPOSE The general purposes of LOGIS include: 1) Establishment of data processing and information systems for local government. 2) Development and implementation of programs and the procedures to make them work. 3) Acquisition of necessary facilities computers, communications equip- ment, other related equipment, operating site) . All funding decisions are controlled by the members through an annual budget and by action of an Executive Committee of five members. This committee meets monthly and sets all operating policies, service charges and approves expenditures. Users may gain access to the system used b y LOGIS members either as an Operating Associate Member (using the central system) or as a Franchise Associate Member (as a stand -alone installation) . EXHIBIT B Page 2 of 6 WHY A CONSORTIUM Data processing in. particular, and manage- ment information systems in general, involve far more than computers. In fact, because of the continued rapid development of computer systems, the "hardware" itself has become the least important part of the decision making process. Most modern computer systems have more than enough capability for most governmental needs. The difficult tasks in mechanizing an operation are finding or developing suitable application programs, obtaining know- ledgeable support in learning how to use them, learning how to run them reliably, and learning how to change them when necessary. A consortium enables the concentration of money and manpower to build "software" products vitally important to the inexperienced user, but not usually. available with "canned" programs copied from other users. These products include detailed user manuals, samples of forms, advice regarding internal procedures, system operation manuals and ongoing support in dealing with new or unusual situations. Economies achieved in a consortium approach include shared development costs (the same programs can be shared by all users), shared enhancement costs, and shared technical support costs. The former two are important. because most programs must be changed to ref lest changes in laws and business conditions. The latter is important because of the high cost of technical support and the high turnover rate characteristic of the computer industry. The LOG IS approach makes available the strength of a consortium but emphasizes local control in many ways: stand alone or central operations, optional procedures, private files and programs. SYSTEM CHARACTERISTICS On -L ine Data Entry The system provides for entry of all data through a CRT terminal or a typewriter -like device in the user's office. This concept assures complete control of the data by the user and eliminates the necessity of hiring data entry personnel or other personnel trained for computer operations. Once entered, the data can be accessed for immediate inquiry or correction through the terminal. System output such as payroll checks, utility bills, and financial reports is produced at the computer center and delivered to the user by courier. All output is scheduled by the user by means of commands entered through the terminal. Integrated Subsystems Once a data entry is made, all relevant files for that application are modified to reflect the transaction. For example, entering a transaction to record a disbursement, simultaneously makes debit and credit journal entries, prepares the entry for the check register, and for the disbursement check itself. Entry of employee number, project number and hours worked to the payroll. system can automatically provide for payroll, labor distribution, fringe benefit accountin -g and general ledger accounting entries. Management Information System Timely and accurate reporting of information for management decision making is one of the most significant needs met by the system. The manager need not rely only on those reports programmed with the system. Special reports may be created by the user to meet special needs. EXHIBIT B Paqe 3 of 6 Multiple Users The system is designed so that all members share the same program and may have access to the computer simultaneously. No waiting period is involved while other users are processing transactions; hence, all data may be used immediately on a timely basis. This time sharing" characteristic of the system reduces operating costs as well as the cost of new developments or improvements to the existing system. lnfdrmation Security Access to data stored in the computer files of a given user is available only to designated individuals within that organization; the files for any user are segregated from those of the other users. Copies of all files are created each d,ay and stored on magnetic tapes for safe storage. In addition, a second generation duplicate is stored at a different location in the event of disaster, and other generations are kept going back a full month. Privacy The system is designed to control access to files and records by a complex series of passwords. These passwords may be established to limit access for either viewing or changing data to those persons having proper authorization. Passwords may be changed as frequently as needed. Tailored to L ocal Needs Many aspects of the system will permit local options on such matters as selection of subsystems (the user may select any one, combination, or all of the available modules). Within a given functional module, such as payroll, many options are provided for pay method, pay cycle, and the like. Other options permit , the use of deferred compensa- tion, special payroll deduction, and the like. On the other hand, many user needs are very similar and economics have been gained by some standardization of procedures. SUBSYSTEMS Payroll/Personnel The Payroll /Personnel System computes the amount owed an employee, keeps track of leave and compensatory time hours and other employee fringe benefits, and prints the payroll check. One of its most important functions is to prepare a labor distribution report across all activities. This report is prepared based on information submitted by the employee on the time card (Employee number, project numbers, straight and o.t. hours, non - standard pay rate). In addition, the system provides a basic personnel record for employees including such data elements as employment dates, over two dozen types of pay and time accumulation categories (sick leave, overtime, etc.), another two dozen deduction items and the like. Utility Billing The Utility B I I ing System provides for a variety of rate structures, penalty methods, billing periods and billing. methods. In addition it produces meter books, mailing labels, self read meter cards, and of course, maintains customer accounting. Population estimates are also provided. EXHIBIT B Page 4 of 6 Financial qontrol System The Financial Control System permits the user choices ranging from a very simple cash accounting system to a highly sophisticated encumbrance accounting, program budgeting, and full accrual accounting operation. The account structure automatically provides for line item accounting" as well as program accounting. Budget reports are generated by the system on the date entered to the terminal by the user. Report options include trial balance, balance sheet, revenue and expenditure reports, detailed activity reports, and check registers. Labor distribution and vendor checks are produced automati- cally as a by- product of payroll and disburse- ment transactions. A year -to -date accumula- tion of accounting transactions provides a powerful audit tool. Equipment Control The Equipment Control System provides for all of the cities' rolling stock (police cars, staff cars, road graders, trucks, etc.) cost accounting, inventory records, maintenance records, and usage records. The cost data collected by this system can be entered to the financial system as charges to the using programs or departments. Thus, the cost of the equipment can be related to a program or activity. Fixed Arse t Accounting The Fixed Asset Accounting System provides for the entry of buildings, equipment, and other "fixed" assets to maintain proper records for the purchase and current location of such assets. This improves management control, audit control and insurance inform- ation in addition to providing depreciation costs where applicable. Property Data The Property Data System provides a record for each item of real estate including owner- ship, .description, market value, assessed value, detailed property (field card) data, homestead status and many others. It produces valuation reports, homestead notices, valuation notices. It also provides many computerized aids to the re- valuation process and automated transfer of new valuations to the county. Special Assessmen t The Special Assessment System provides records of special assessment projects and related costs by parcel. It aids the yearly certification process, permits on -line searches, calculates interest and repayment schedules, and provides reports of. special assessment rolls, certification, and parcel information. L iqu or In ven tory Con trot For municipalities operating municipal off - sale liquor stores, the Liquor Inventory Control System maintains continuous inventory records, permits automatic transfer of sales from an electronic cash register to the computer, prepares entries to the financial system and to inventory records as a result of posting invoices. It provides a variety of reports including inventory reports, reorder reports when stock drops to minimum inventory levels, turnover reports, and others. Word Processing A powerful text. processing system with a fu II range of capabilities including insertion, deletion, movement of text from one section to another, global, searches, automatic pagination, automatic page headings and footings, justification and many more. EXHIBIT B Page 5 of 6 Query Query is a powerful easy -to -use system that permits a user to "browse" a file for answers to such questions as: "what employees were paid more than $100 in overtime this year ? "; or "what are the total costs of project 123 to date ?"; or "what is the volume of water billed for customers in a predefined area of the community ? ". This system also permits the user to run special reports as needed by entry of a simple command at the terminal. 4n -Line Programming Users who wish to do so, may create their own programs in Basic or COBOL languages, or have programs created for them. They may have special applications with small or large data bases on special files. New Developments Applications currently being considered include electric utility billing, police infor- mation system, computer graphics, and small cities applications. CHARGES To assure the equitable sharing of costs, LOG IS' charges are divided into three classes: Class 1 Intended to cover LOG IS' general, administrative and operational expenses (not specified in other classes). Class I charges are determined annually by the Board and have held at $417 per month for several years. Class I I Intended to cover costs of design and development of new computer- assisted systems and programs, and other capital expenditures. These costs are shared equally by all members in a position to use the new capability. These charges have been 2,000 per year for several years. Class I I I Intended to cover costs of systems operation and main- tenance in serving Members on an "as requested" basis, and are based on use of the system. Most charges are lower today than five years ago and none are higher. This "hold the line" on charges has been possible through growth in membership and improvements in operating efficiency. EXHIBIT B Page 6 of 6 GETTING ONTO THE SYSTEM The services available through LOGIS may be obtained by any governmental subdivision of the State (City, county, special district, etc.) by joining. LOGIS and either processing out of the central system in the Twin Cities area or establishing a separate, stand -alone installation. The LOGIS role includes: advising and training users in converting to the selected modules advising and assisting users in dealing with problems after conversion (the how to do it" question) conducting periodic user seminars or workshops in use of the system maintaining user manuals implementing changes to the systems as needed . For a stand -alone installation the LOGIS role would include the additional tasks of: advising and assisting in the selection of hardware and in preparation of the computer site advising and assisting in the training of an operator advising and assisting in the installation of the software. HARDWARE AND SOFTWARE The LOGIS site is equipped with two Hewlett- Packard HP 3000 Series III computers, each configured with 32 terminal access ports and a million characters of main" memory; a total of over 1.3 billion characters of disc storage capacity, two line printers, two tape drives and intercomputer communications facilities. System software includes the award - winning "Image" database manager, COBOL and basic compilers, and a variety of systems "utility. programs to aid operators and programmers. The application software consist of the G E M U N I S /3000 System, a powerful system for municipal government developed by Optimum Systems, Inc. of Santa Clara, California and licensed by LOGIS for state- wide use, LOGIS- developed applications, and applications purchased from other vendors. In most cases the applications are available to new members without additional license or buy -in fees. The availability of the application without further license fees has been assured in most cases by grants -in -aid through I ISAC (Intergovernmental Inform- ation Systems Advisory Council) as part of a legislative program to stimulate improved information systems in local government units but without proliferation of computer hardware and systems, development costs. IISAC has provided approximately half of the systems development capital funding for LOGIS. The remainder was contributed by LOG IS Members. EXHIBIT C Pdqe 1 of 18 MEN' STEMS N 6820E Shingle Creek Parkway, Brooklyn Center Minnesota 55430. (812) 566 - 0050 September 30, 1982 Mr. Dan Faust Finance Director City of Maplewood 1380 Frost Avenue Maplewood, MN 55109 Dear Dan: This is in response to a requesting y ur letter of Septemb services to Maplewood. 28 1qganfromLOGIS 982 , lewo to provide data processin gpod. ZOGIS' goal is to provide a full range of management inservicesandtomaketheseservices formation City without buy-in _i or license available to any Minnesota.Y license fees for operationcentralsystemor, as an alter out of the PaPackard comp native, on the city's own Hewle e•, persons who are p er, and for use by convent' Hewlett 1 tonal city personnelnotcomputerprofessionals The brochures sent earlier •glue a brief description of the maninwhichYOGIdescribeSoperatesandseach nerchoftheapplications.In addition, I would like to emphasize that LO •basic GIS services gowellbeyondprovidingcomputeroperationalservice.employee training, Theseinclude: g ginning with the initialconversionwhereWeparticipateon -site with the •community Inmakingthedecisionsnecessarytoconvert , design offorms., selection of e ui men internal and. the q p t, training 'of terminal olike. ZOGIS members also Aerators, articipate in periodic the opportunit topicworkshopsforeachofthesuchaspayrollandfinancier e apple cat bons1) where the meetpersonsperformingsimilarfunctionsY with other discuss solutions and share work. methods andonstocommonproblems. The hOGIalsoinvolvesprovidind S system , approach ur ose g etailed user manuals forpps, which are, prepared and reference rim.. maintained continuousl bpersonstrainedparilyintheexpressionof Y Y . from the user view oint r work procedurespalterthanfromthetechnicalProcessingviewpoint. Finally,dataYworkshopphasesofinformsinvolvingrelatedinformationmanagementareprovided g p d for our members. EXHIBIT C Page 2 of 18 Charges associated with participation in LOGIS are of three types or classes. Class 1, Administrative, covers the general administrative expense of the organization and is prorated on a monthly basis for the term of membership. Half of the total Class 1 budget is divided among the members on an "equal share" basis and half on the basis of the number of applications, or modules, used. These charges are billed monthly. As a practical matter, these charges begin with the initiation of conversion effort for the "flat rate" portion, and with the first productive operation for the "module" charge. Our projection for Maplewood is $4,197.50 for 1983. Class 2 charges are in lieu of any buy -in" and cover the cost of improvement to existing systems and development of new systems. These costs are shared equally by all members. The charge is a fixed amount annually, and is not prorated for the term of membership. The Maplewood share for 1983 would be $2,300-00. Class 3 charges are for services relating directly to computer operations and are billed monthly, based on computer services used. There are three general types of charges that are incurred. 1. Payment of services for equipment purchased by LOGIS from an outside vendor. For example, if the city chooses to purchase a terminal, word processing system, or associated furnishings from LOGIS, we would bill the city at the cost billed to LOGIS. An example of this is the cost of courier service from LOGIS to the city which is billed to the City at the same amount billed to LOGIS. 2. Labor rates for special programs and the like. If a city requests the development of special computer programs through LOGIS or the development of special reports that are not normally provided by the system, costs incurred by LOGIS in complying with the request would be billed to the city, but only after providing the city with an estimate of cost and receiving authorization to proceed. 3. Service charges associated with normal operations. These are governed by a formal rate schedule and are billed auto- matically by the computer system as a result of operational activities performed by the city. These service charges are designed to cover all costs of operating the application including special forms for payroll checks, voucher checks, utility bills, computer paper and user activities such as data entry and on -line inquiry. For example, payroll service charges are based on a per check register item but include the cost of forms, PERA reports, the PERA tape service that goes to the central PERA office, quarterly FICA reports, and the annual W2 These charges begin when the city is productively operational. Our estimate of service charges - for the City of Maplewood, assuming full operation of the Financial Control System, Payroll System and Utility Billing System, and including terminals, communication charges (except for a standard business phone at your office needed for the terminal) , courier service and some optional special services is $22,655.33. Thus, the total of all EXHIBIT 'C Page 3 of 18 charges is estimated at $29,152.83 for the year. These estimates are based on the 1983 LOGIS budget as adopted. A detailed breakdown of the estimate is provided in the attached table. While this tabulation is a very good estimate of service es based charges on the information that you provided, it has been our experience that the capabilities of the LOGIS system are such that once a user understands the benefits to be acheived from up-o -the- minute data regarding operations, and that information is used to achelve more effective control of city operations, usage of the system tends to increase. These increases come in two directions. First, increased usage of the first applications for informational purposes, and second, implementation of new applications. Other considerations you may want to be aware of are these. The members of LOGIS have decided use, a Law Enforcement Management substantially improved version of System. This application is expel 8,300 per year, per user over a dollars and rates. to implement, for general Information System based on a the Federally developed POSSE cted to cost an average of five year term, based on 1982 Analysis of computer center operating costs in 1981 by an outside consultant comparing costs on a per capita basis of municipal computer operation in Minnesota and elsewhere concluded that LOGIS members are receving at least equal, and in many cases better, service at costs ranging from 30% to 75% of those experienced by cities having their own computer. Comparisons with other municipal consortia in Minnesota shows that LOGIS members receive a substantially higher level of service for the same or less cost. With regard to the questions of your September 26th letter: Utility Billing. OWN The system is designed to accommodate the needs you described for monthly and quarterly billing and for a variety of flat rate charges. The processing of receipts from a lockbox service is not currently a part of our present system in that no user has requested it. However, writing a small program to handle this form, of receipt entry would be a straight- forward task. The cost to the City for developing this program would not exceed 500. Joint Powers Agreement Participation in LOGIS by a city requires action by the governing body to authorize the City Manager and other appropriate parties to enter into the standard Joint Powers Agreement. In - add it ion, the governing body must designate an individual, the Chief Executive officer of the organization, to serve as the representative of that city on the LOGIS Board of Directors. Two EXHIBIT C Page 4 of 18 copies of the standard agreement, as well as copies of typical resolutions adopted by other members, are enclosed for your use. Timetable for Conversion - based on our telephone conversation I have enclosed a "best guess" timetable. This can be modified to suit your priorities. Con-version Charges - the only charges assessed would be those incurred in meeting special needs of the City. So far, the lockbox program is the only one we have identified. LOGIS Administrative and Development Charges for 1983: See attached schedule Operations Charges for 1983: See attachedr. schedule Office Space for Hardware. One terminal and stand and adjoining workspace for work papers occupies about 6 - 10 square feet. Computer Hardware: One terminal for Finance and Payroll. One terminal for Utility Billing. See schedule cost of this equipment. We recommend you lease the equipment during the first year of operation until your needs are better defined. While our experience suggests that the total terminal workload would not require two terminals,, my understanding is that the assignment of responsibilities in your office, as well as the physical arrangements, necessitates two terminals. However, I would suggest beginning with one and adding the second when it is needed. Should you desire more information at any time, please feel free to call me* Si.ncerley, i Ted L. Willard Executive Director TZW /sp Encl. EXHIBIT C Page 5 of 18 ESTIMATE b? OPERATMON 8ERVICESF WOOD For the Year 1983 Description of Service Quantity Rate Total Y r wr -mw- - - imam - - - - - am - - - - - r w - - - w - w - - w w w - - w - - - - w w - - - w - - - - w - - w w - w w w w - w - - - - - w - - w - - w on - CLASS 1 Administration Admini Services - flat chg 1 2300 2300.00 Admini Services - per mod (FS,PR,UB) 3 63295 1897 Class 1 Total 4197.50 CLASS 2:,Applications Improvement /Development Investmt CLASS 3: Operations Service Charges Payroll Items Worker Comp Audit Rpt ioptionalloptionaReports oMicrofiche On -line inquiry Labor Distribution Reports YTD Labor Dist. Reports FICA Reports PERA Tapes /Reports EEC Report W- ReportsPersonnelReports Financial Control System Base Monthly Charge Voucher Check Base Charge Check Registers,ea Voucher Checks, ea Financial Report$ (6 /month) Transactions,ea ` 3OOD /month YTD Audit Report (2 per yr optional) On -line Record Storage,SDOb /month Automatic Potting, Labor to GL Reports to (optional) Utility Bil 'n Sy temUtiliyBi11s,Nqtices,ea Mailing Labels (option 1) Self -Read Meter C rds toptoonal) Meter BoQk Pages QptionallOn -line input 7Inquiry Weekly Financial RepQrt Population Estimate Report EPA Report Reports to Microfiche (optional) 1 2300 2300.00 Class 2 Total 2300.00 3360 9517 1738.80 17.25 n /c n/c n/c n/c n /c. n/c n/c n/c Payroll Subtotal 1138.80 12 146.62 1759.44 12 15952 186.24 24 3.45 82.80 5530 115 635.95 72 10935 745.20 36000 1265 4554.00 2 57.5 60000 0086 516.00 12 2796 33 .20 n 12 17.25 Financial Subtotal 8810.83 25830 .23 5940990 00575 023 0 725 n n/c n/c nc 1 .25 Uti l B i n g Subtotal 5940.90 Data Communications Terminal L as No 2 print'ng @ 30 cps elTe one oupler - 2 @ I CPShgwlpeccessPtP@r2 /monther month Delivery Service @ 20 pickups /month Data Com Subtotal 5140080 J4 104 4 15 12 949 2496.00 360.00 110 : 240 -- 4 960.00 EXHIBIT C Page 6 of 18 Special S rvi ces eneral File Query (optional pedal Reports User - designed Special Programs Word Processing cpu time,per second .046 special user stora e per fileOpp per m nth .004 Average Special Services for 1981 LOGIS users 1024.00 Other Services Traininq and Orientation n/c User ftfivals n/c On-call User Support n/c Trouble Shooting Service (equipment /software /procedural) n/c Class 3 Total 22655.33 GRAND TOTAL, ALL ESTIMATED COSTS FOR 1983 29152.83 Assuming 12 full months operation on all applications) r i C I T'Y OP I IAPLEWOOD. LOGIS PROJECT PLANNING CHART WEEK ENDING TASK DESCRIPTION 10/29 11/5 11/12 11/19 11/26 12/3 12/10 12/17 12/24 12/31 1/7 1/14 1/21 1/28 2/4 2/11 12/18 2/25 3/4 Admission To Plembersh X loom Order Payroll Checks x X Order Voucher Checks x --X Order Self -Read Meter Cards Create Account Application Framework:X Review PR Control Information X Review Financial Con I x x Inp PR Data and Review X X Inpu Financial Data & Review Trans.;X-X Generate Chart of 'AccOunts -X Input Vendor Data Prepare, Test PR.Check Writer.x Parallel Pay_X RviiewParO11Reorts r Inp Corrections, YTR Data x X X Payroll Live Generate Financial Reports X x x Generate Voucher' Checks Input Autonost Data 'X X x x X Post payr f 1 X . x Commun i c a t i on s Order Termina Terminal Installatibn/Test • Courier Service Review UtilitY Billing C6ntr • ftecorAs Prepare Utility Billing Conversion Plan x X X 00 EXHIBIT C Page 8 of 18 JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, Section 471.59. I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organiza- tion through which the parties may jointly and cooperatively provide for the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others, II.. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this article shall . have the meanings given them. Section 2. "Local Government Information Systems" means the organi- zation created pursuant to this agreement, which organization is hereafter referred to as "LOGIS." Section 3. "Board" means the Board of Directors of LOGIS, consisting of one director from each governmental unit which is a member of LOGIS. Section 4. "Council" means the governing body of the me: er govern- mental unit, except that in the case of any department or agency of the state, council shall be deemed to mean the Commissioner of Administration of the State of Minnesota. Section 5. "Member" means a governmental unit which enters into this agreement and is at the time involved, a party in good standing. Section 6. "Governmental unit" means any city, village, borough, town or other political subdivision of the State of Minnesota or any department or agency of the state government. Section 7. "Software" means computer programs, form designs, user manuals and associated documentation. III. MEMBERSHIP Section L. Any governmental unit is eligible to be a member of LOGIS. EXHIBIT C Page 9 of 18 Section 2. A governmental unit desiring to be a member shall exe- cute a copy of this agreement and shall pay the established membership dues and charges. Section 3. The initial members shall be those members who joined LOGIS on or prior to June 1, 1972. Section 4. Governmental units joining LOGIS after June 1, 1972, shall be admitted only upon the favorable vote of two- thirds of the members of the board. The board may impose conditions upon the admission of mem- bers other than the initial members, IV. BOARD OF DIRECTORS now Section 1. The governing body of LOGIS shall be its board. Each member shall be entitled to one director, who shall have one vote. Section 2. Each member shall also be entitled to one alternate director who shall be entitled to attend meetings of the board and who may vote in the absence of the member's director. Section 3. Directors and alternate directors shall be appointed by the council of each member. In order for LOGIS to develop data processing and management information systems which will be of maximum value to member governmental units, the members shall appoint, as their directors and alternates, their chief administrative officers and employees with general management responsibilities. Directors and alternates shall serve without compensation from LOGIS but this shall not prevent a member from providing compensation for its director or alternate director if such compensation_ is authorized by such unit and by law, Section 4. There shall be no voting by proxy, but all votes must be cast in person at board meetings by the director or his alternate. Section 5. Directors and alternate directors shall be appointed to serve until their successors are appointed and qualified. Section 6. When the council of a member appoints a director or an alternate director, it shall give notice of such appointment to LOGIS in writing. Such notice shall include the mailing address Iof the persons so appointed. The names and addresses shown on su,-Pr notices may be used as the official names and addresses for the purposes of giving any notices required by this agreement or by the bylaws of LOGIS. Section 7. Any director or alternate director shall be subject to removal by the council of the member appointing him, at any time, with or without cause. Section 8. A majority of the votes of the members shall constitute a quorum of the board, EXHIBIT C Page 10 of 18 Section 9. A vacancy on the board shall be filled by the council of the member whose position on the board is vacant. Section 10. A director (or his alternate) shall not be eligible to vote on behalf of his governmental unit during the time that such govern- mental unit is in default on any contribution to LOGIS or on any contract with it. During the existence of such default, the vote or votes of such governmental unit shall not be counted as eligible votes for the purposes of this agreement. If a governmental unit remains in default for a period of more than 45 days on any billing from LOGIS, the membership of such governmental unit automatically shall be terminated. V. MEETINGS - ELECTION OF OFFICERS Section 1. Any governmental unit desiring to enter into this agree- ment may do so by the duly authorized execution of a copy of this agree- ment by its proper .officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the agreement, together with a certified copy of the authorizing resolution or other action, with the city manager of the City of Brooklyn Center. The resolution authorizing the execution of the agreement shall also desig- nate the first director and alternate for the member. The agreement shall become effective when it has been authorized by ten (10) governmental units and when executed copies from such governmental units, together with certified copies of the authorizing resolutions, have been duly filed as set out herein. Within thirty (30)1s days after the effective date of this agreement, the manager of the City of Brooklyn Center shall call the first meeting of the board, which shall be held not later than fifteen 15; days thereafter. Section 2, At the first meeting of the board and in July of each even numbered year after 1972, the board shall elect from its directors a president, a vice - president and a secretary- treasurer. Section 3. At the organizational meeting, or as soon thereafter as it may reasonably be done, the board shall adopt bylaws governing its procedures including the time, place and frequency of its regular meet- ings. Such bylaws may be amended from time to time. Reg -slar public meet- ings of the board, however, shall be held at least quarterly in the months of January, April, July and October. Section 4. Special meetings of the board may be called (a) by the president, (b) by the executive committee or (c) by the executive com- mittee upon the written request of a majority of . the directors. Five days' written notice of special meetings shall be given to the directors and alternates. Such notice shall include the agenda for the special meeting. Section 5. The specific date, time and location of regular and special meetings of the board shall be determined by the executive com- mittee. Regular and special meetings of the board shall be held in the seven county twin city metropolitan area. EXHIBIT *C Paqe 11 of 18 x Section 6. Notice of regular meetings of the. board shall be given to the directors and alternates by the secretary - treasurer of the board at least fifteen (15) days in advance and the agenda for such meetings shall. accompany the notice. However, business at regular meetings of the board need not be limited to matters set forth in the agenda. VI . POWERS AND DUTIES OF THE BOARD Section 1. The powers and duties of the board shall include the powers set forth in this article. Section 2. It shall take such action as it deems necessary and appropriate to accomplish the general purposes of the organization in- cluding the establishment of data processing and information systems, en- gaging in the development and implementation of the necessary programs therefor, acquiring any necessary site, purchasing any necessary sup- plies, equipment and machinery, employing any necessary personnel and operating and maintaining any systems for the handling of data processing and management information for the members and for others. Any of the foregoing activities, or any other activities authorized by this agree- ment, may be accomplished by entering into contracts, leases or other agreements with others, whenever the board shall deem this to be ad- visable. Section 3. The board shall have full control and management of the affairs of LOGIS including the power to make contracts as it deems neces- sary to make effective any power to be exercised by LOGIS pursuant to this agreement; to provide for the prosecution and defense or other participa- tion in actions or proceedings at law in which it may have an interest; to employ such persons as it deems necessary to accomplish its duties and powers on a full - time, part -time or consulting basis; to conduct such research and investigation as it deems necessary on any matter related to or affecting the general purposes of the organization; to acquire, hold and dispose of property both real and personal as the board deems necessary; and to contract for space, materials, supplies and personnel either with a member or with a number of members or elsewhere -. Section 4. It may establish and collect membership dues. Section 5. It may establish and collect charges for its services to members and to others, Section 6. It may accept gifts, apply for and use grants or loans of money or other property from the state, or any other governmental units or organizations and may enter into agreements required in connection therewith and may hold, use and dispose of such moneys or property in ac- cordance with the terms of the gift, grant, loan or agreement relating thereto. Section 7. It shall cause an annual independent audit of the books to be made and shall make an annual financial accounting and report in EXHIBIT -C Page 12 of 18 writing to the members. Its books and records shall be available for and open to examination by its members at all reasonable times. Section 8. It shall establish the annual budget for the organiza- tion as provided in this agreement. Section 9. It may delegate authority to the executive committee of the board, between board meetings. Such delegation of authority shall be-by resolution of the board and may be conditioned in such manner as the board may determine. Section 10. It may accumulate and maintain reasonable working capital reserves and may invest and reinvest funds not currently needed for the purposes of the organization. Such investment and reinvestment shall be in accordance with and subject to the laws applicable to the investment of village funds. Section 11. It shall make its data processing and management in- formation systems available to its members, subject to reasonable charges for the development and processing thereof, Section 12. It may pay the reasonable and necessary expenses of officers, directors and alternates incurred in connection with their duties as such,.but this shall not include the expenses of attending meetings of LOGIS within the seven county twin city metropolitan area. Section 13. It may provide for any of its ernployees to be members of the Public Employees Retirement Association and may make any required employer contributions to that organization and any other employer con- tributions which municipalities are authorized or required by law to make. Section 14. It may purchase public liability insurance and such other bonds or insurance as it may deem necessary, Section 15, it may exercise any other power necessary and incidental to the _implementation of its powers and duties. VII. OFFICERS Section 1. The officers of the board shall consist of a president, a vice - president and a secretary- treasurer who shall be elected at the regular annual meeting of e board held in even numbered years after 1972. New officers shall take office at the adjournment of the annual meeting of the board at which they are elected. Section 2 A vacancy shall immediately occur in the office of anyofficeruponhisresignation, death or upon his ceasing to be an eeemtopYofhismembergovernmentalunit* Upon vacancy occurring in any office, the executive committee shall fill such position until the next meeting of the board. Section 3. The three officers shall all be members of the executive committee. EXHIBIT , C Page 13 of 18 Section 4. The president shall preside at all meetings of the board and the executive committee. The vice - president shall act as president in the absence of the president. Section 5. The secretary - treasurer shall be responsible for keeping a record of all of the proceedings of the board and executive committee, for custody of all funds, for the keeping of all financial records of the organization and for such other matters as shall be delegated to him by the board. Any persons may be engaged to perform such services under his supervision and direction, when authorized by the board. He shall post a fidelity bond or other insurance against loss of organization funds in an amount approved by the board, at the expense of the organization. VIII. EXECUTIVE COMMITTEE Section 1. The board shall have an executive committee consisting of three officers and two other directors, all of whom shall be elected at the annual meetings of the board held in even numbered years after 1972. Vacancies of members on the executive committee may be filled by the board of directors at any regular or special meeting. Section 2. The executive committee may adopt bylaws governing its own procedures, which shall be subject to this agreement, the bylaws of the board, and any resolutions or other directives of the board. Section 3. A quorum at a meeting of the executive committee is three (3) . Section 4. The executive committee shall meet at the call of the president or upon the call of any two other members of the executive com- mittee. The date and place of the meeting shall be fixed by the person or persons calling it. At least forty -eight (48) hours' advance written notice of such meeting shall be given to all members of the executive committee by the person or persons calling the meeting. Such notice, however, may be waived by any or all members who actually attend the meet- ing or who give written waiver of such notice for a specified meeting. Section 5. The executive committee shall have the following duties: a) It shall exercise the powers and perform the duties dele- gated to it by the board of directors, subject to such conditions and limitations as may be imposed by the board. b) It shall cause to be prepared a, proposed annual budget each year which shall be submitted to the board of directors at least thirty (30) days before the annual meeting. c) It shall present a full report of its activities at each regular meeting of the board. Section 6. Subject to the provisions of the approved budget it shall have the authority to appoint, fix the conditions of employment of, and remove any . employees of the organization. EXHIBIT C Page 14 of 18 Sect ion 7. It shall have authority to fix , charges for the use of the programs and facilities of LOGIS, both as to members and nonmembers consistent with policies and guidelines established by the board. Section 8. All actions taken by the executive committee shall be subject to control by the board of directors as the board shall deem ad- visable. IX . FINANCIAL MATTERS Section 1. The fiscal year of LOGIS shall be the calendar year. Section 2. An annual budget shall be adopted by the board at the annual meeting in July of each year. Copies shall be mailed, promptly thereafter, to the chief administrative officer of each member. Such budget shall be deemed approved by the member unless, prior to October 15 of the year involved, the member gives notice in writing to the LOGIS secretary that it is withdrawing from the organization. Section 3. The board shall have authority to fix cost sharing charges for all members in an amount sufficient to provide the funds re- quired by the budgets of the organization. It shall advise the chief administrative officer of each member, on or before September 1 of each year, of the amounts of such charges falling within Classes 1 and 2 and the rates of such charges falling within Class 3, as such classes are defined in Section 5 of this article. Section 4. Billings for all charges shall be made by the board and shall be due when rendered. Any member whose charges have not been paid within 45 days after billing shall be in default and shall not be entitled to further voting privileges nor to have its director hold any office nor to use any LOGIS facilities or programs until such time as no longer in default. In the event that such charges have not been paid within 45 days after such billing, such defaulting member shall be deemed to have given, on such 45th day, notice of withdrawal from membership. In the event of a bona fide dispute between the member and the board as to the amount which is due and payable, the member shall nevertheless make such payment in order to preserve its status as a member, but such payment may be made under protest and without prejudice to its right to dispute the amount of the charge and to pursue any legal remedies avail- able to it. Section 5. The charges of LOGIS shall be divided, for cost sharing purposes, into three classes, to -wit: a) Class 1 Charges. These charges shall be made to cover the organization's general, administrative and operational expenses not falling within Classes 2 and 3. Class 1-charges shall be made as fixed monthly, quarterly or annual membership dues.. They shall be determined annually by the board of directors. They shall not be retroactively applied to new members. EXHIBIT C Page 15 of 18 b) Class 2 Charges. These charges shall be made t0 cover the costs of design and development of computer programs and systems and other capital The initial members of LOGIS shall pay such portion of the Class 2 charges as shall be established by the board, provided that the board shall attempt in good faith to pro rate such Class 2 charges among the members 'in as equitable a manner as possible, giving considera- tion, among other things, to anticipated use of the programs, systems and facilities of the organization. Any new members, i.e. any governmental units joining LOGIS after May 31, 1972, shall pay a pro rated share of the accumulated Class 2 charges which have been charged to or .incurred by all members, as computed by the board on the same formula as for initial mem- bers as the price of membership; and such charges, when paid by such new members, shall be apportioned among the then existing members in cash or credit on unpaid or future billings in proportion to the Class 2 charges which such existing members have thus far paid or incurred. c) Class 3 Charges. These charges shall be to cover the costs of system operation and maintenance in serving members (and others) on a "as requested" basis. The amount of such charges shall bs determined by the board and such amounts shall be computed on the basis of the actual workload utilized by each member. Class 3 charges shall not be retro- actively applied to new members. Section 6. Nothing contained in the foregoing Section 5 shall pre- vent the board from charging nonmembers for services rendered by LOGIS, on such basis as the board shall deem appropriate. For example, the board shall not be obligated to charge nonmembers, for services, only Class 3 charges. Section 7. It is anticipated that certain members may be in a posi- tion to extend special financial assistance to LOGIS in the form of grants. The board may credit any such grants against any charges which the granting member would otherwise have to pay. The board may also enter into an agree- meet, as a condition to any such grant, that it will credit all or a portion of such grant towards charges which have been made or in the future may be made against one or more specified members. Section 8. Board funds may be expended by the board in accordance with procedures established by law for the expenditure of funds by vil- lages, Orders, checks, drafts and other legal - instruments shall be signed by the president or vice- president and countersigned by the secretary - treasurer or such other person as shall be designated by the board. Section 9. Contracts shall be let and purchases shall be made in accordance with the legal requirements applicable to contracts and pur- chases by Minnesota villages. Y.. ADMINISTRATOR An administrator may be appointed to perform such administrative duties as shall be delegated to him by the board. EXHIBIT .0 Page 16 of 18 XI. ASSOCIATES Section 1. It is contemplated that certain governmental units may desire to follow, closely, the activities of LOGIS, to provide input into systems design, and to receive detailed information about system character- istics and performance, for the purpose of coordinating intergovernmental relationships. Such governmental units may affiliate with LOGIS as "as- sgciates." Section 2. A governmental unit desiring to become an associate may do so in the same manner as is applicable to becoming a member, except as otherwise provided in this article. Secticn 3. At the time of joining LOGIS as an associate, the governmental unit shall indicate in writing that it is not joining as a member but as an associate. Section 4. An associate may appoint a director and an alternate director to the board but such director (or alternate) shall be without voting power,'shall not be eligible to serve as an officer and shall not be counted for quorum purposes, Section 5. The board may establish the charges to be paid by as- sociates and for that purpose it may classify associates in accordance with their varying circumstances. Section 6. An associate may apply for membership status and become M a regular member. Section 7. An associate may discontinue its association with LoGIS at any time by giving written notice of withdrawal to the secretary - treasurer of LOGIS, Withdrawal shall not relieve such withdrawing as,- sociate from its obligation to pay any charges which the associate has incurred up to the time of withdrawal. XI I . WITHDRAWAL Section 1. Any member may at any tin .e give written notice of with- . drawal from LOGIS. The nonpayment of charges as set forth herein, and the refusal or declination of any member to be bound by any obligation to the organization shall also constitute notice of withdrawal. a) Actual withdrawal shall not take effect for a period of forty -five (45) days from the date of such notification. b) upon effective withdrawal the member shall continue to be responsible (1) for all of its prorated share of any unpaid Class 2 ob- ligations, (2) for its share of Class 1 charges to the effective date of withdrawal, (3) for its share of any Class 3 charges to the eff ective date of withdrawal and (4) for any contractual obligations it has separately incurred with LOGIS. Section 2. A member withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall for- feit its claim to any assets of the organization except that it shall have EXHIBIT C Page 17 of 18 access to any software developed for its use while it was a member, in accordance with and subject to the provisions of Article XIII, Section 5, Paragraph (b), XIII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) a suf- ficient number of . members withdraws from the organization to reduce the total number of members to less than six (6) , or (b) by two- thirds vote of all members of the board. ' Section 2. In the event of dissolution the board shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit and subject to the provisions of this agreement. Section 3. Upon dissolution the remaining assets of LOGIS, after payment of all obligations, shall be distributed among the then existing members in proportion to their. contributions, as determined by the board, provided that computer software prepared for such members shall be avail- able to them, subject to such reasonable rules and regulations as the board shall determine. Section 4. If, upon dissolution, there is an organizational deficit, such deficit shall be charged to and paid by the members and former members on a pro rata 'Oasis, based upon the Class 1, 2 and 3 charges incurred by such members and former members during the two years preceding the event which gave rise to the dissolution. Section 5. In the event of dissolution the following provisions shall govern the distribution of computer software owned by the organiza- tion: a) All such software shall be an asset of the organization. b) A member or former member may use (but may not authorize reuse by others) any software developed during its membership upon (1) paying any unpaid sums due LOGIS, (2) paying the costs of taking such software, and (3) complying with reasonable rules and regulations of the board relating to the taking and use of such software. Such rules and regulatior. - 1 .f&ay include a reasonable time within which such software must be taken by any member or former member desiring to do so, X IV . DURATION This agreement shall continue in effect indefinitely, until termina- ted in accordance with its terms. IN WITNESS WHEREOF, the undersigned governmental unit has caused this EXHIBIT C Page 18 of 18 i agreement to be signed and delivered on its behalf, IN THE PRESENCE OF: Name of Governmental Unit) By Its ' By - Its Dated: , 19 . Filed in the office of the City Manager of the City of Brooklyn Center, Minnesota, this day of , 19 ovww • rte+. el MEMORANDUM TO: City Manager FROM: Assistant City Engineer DATE: October 13, 1982 SUBJECT: Hazelwood Street Roadway and Storm Drainage Upgrading From Frost Avenue -to T. H. 36 MSAS Improvement Hazelwood Street between Frost Avenue and County Road D ts on the City's Municipal State Aid Street system (MSAS). The MSAS system and funding is a means by which the State of Minnesota allocates gas tax monies to the cities for use in upgrading their collector street networks. The method used to determine the amount of allocation is based on a complex formula that takes into account the city's population, the miles of improved and unimproved streets and estimated costs for improving the city streets which are designated for MSAS funds. The City of Maplewood currently has 18.6 miles of streets that are on the MSAS system for which we receive approximately $435,000.00 per year . for construction. As of January 1, 1983 the City will have accumulated $607,500..00 of allocations for 1983. Allowable encumbrances of 1984 monies would make an additional $194,00.0.00 available resulting in a total of approximately $800.0.00.00 that could be used for 1983 MSAS construction. The MSAS five year Capital Improvement Plan schedules the reconstruction of Hazelwood in several phases over the next five years. The section of Hazelwood that currently receives the highest volume of traffic is between Frost Avenue and T. H. 36. This section of roadway is, in a very deteriorated condition with no formal means of storm water collection. The i npl ace drainage system consists of open ditch drainage, culverts sparsely placed at low points, depressions in the streets and front yards of the adjacent properties. The run -off is eventually conveyed to a retention basin, known as foot print pond located on the west side of Hazelwood and south of County Road B. The basin has no outlet, consequently as run -off is added the water elevation raises. During periods of heavy long duration storms or frequent less intense storms as in 1975 and 1978, the water elevation raises to a point where it over flows the pond banks resulting in the flooding of the adjacent residentially developed properties causing property damage and potentially life threatening conditions. The proposed street reconstruction would be of an urban design with concrete curb and gutter to channelize drainage and underground storm sewer conveying the run- off to foot print pond. The outlet piping for the pond should be considered in conjunction with the roadway and related storm sewer improvements for several reasons: I. State funding participation would be a v a i l a b l e for the outlet piping to reduce assessment costs. 2. The trunk system would provide for the development of a large residential development near County Road B and English Street. Phasing the piping with this development would also result in reducing assessment costs. This project is considered to be appropriate at this time since Ramsey County is proposing reconstruction of Frost Avenue, the State is upgrading intersections along T. H. 36, the proposed English Manor PUD is proposed to develop within the next year and the project would mitigate property damage due to flooding in residentially developed areas. Attached to this report is a map which delineates the general drainage area, street location and trunk storm sewer route. Recommendation We recommend that the City Council consider this improvement by authorizing the preparation of a feasibility study which will address the engineering feasibility, estimated project costs and methods of financing. WHEREAS, the City Council has determined that it is necessary and expedient that the improvements within the project limits of Hazelwood Street, between Frost Avenue and T.H. 36, by the construction of the roadway, storm sewer and appurtenances be studied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the improvement as hereinbefore described is hereby referred to the City Engineer, and he is instructed to. report to the Council with all convenient speed - advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recom- mended, and BE IT FURTHER RESOLVED that the aforesaid work be hereafter referred to as Project No. 0 th C r K C) 4'- W A h LAAYE A R04D C.. 0 ) k Z IDGEHILL RD, a E 5 M:)NT L.;.. A Lai ' J! 4rw ui AV r !+ t i E XT !NT AV GEPVA.!S L AV E. ± G r-PVA, IS ILI06 Iry OFL06 A ; qPPC, A C E t. I 1 C.; P E AVE r D 1, AR K !'A cnLARKLARK & w AVE, z5_; -ry oil jjjj,,,11111111111` <ILAURIE0m L r% UJAliRiRD' A cr4,04S W-- A S A N L)l IAVE dc A Zi 61 96 z ILI M C 7!n. B x su RK J!N c 4L 4 1 Tw > B--X.M: IA 64 t Ll_ 0 A H A Pt 500OtF—I -k IM I J.1 40 OS [ WOOD AVE.j FRt Y 'A F— R.R z I.- I \e. ;. _FROFROST .. 0 )-: . 1.- 0 -: 28 ;i I F W AVE. J I R ku SVI w R or - — J o JAJ 4 49 w > x a FR!SBIE cr CD <; 4c WcAefielcr. dp PH IA AvE cr cc w 4cLoke 29 x 0.- sop ittg A E w z 7 a - z z -A, IPRICE 4c ------ W 49 4cZPRIra - 62 4J i AIL. L A41 P LM AVE.: i F]30 0 -F-I I rl C Draina Area Boun-dr Street 'Improv*e'ment Storm Se Trunk Line HAZELWOOD STREtT MSAS IMPROVEMENT