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Home My WebLink About1985 03-11 City Council PacketL AGENDA (� Maplewood City Counc i 1 7 :00 P.M., Monday, March 11, 1985 Muni ct -rial Adm Mi strati on Building Meeting 85 -04 (A) CALL TO ORDER _ (B) ROLL CALL (C) APPROVAL OF MINUTES - 1. Meeting 85 -01, January 14, 1985 2.0 Meeting 85 -03, February 25, 1985 (D) APPROVAL OF AGENDA (E) CONSENT AGENDA All matters 1 i s ted under the Consent Agenda are considered to be routine by the City Council and will be enacted .by one motion in the form listed bel cw. There will be no separate discussion on these items. If discussion is desired, that item w i l l be removed from the Consent Agenda and will be considered separately, 1. Accounts Payabl e 2. Final Plat - Tilsenls 13th Addition 30 Playground Equipment 4. Change Order - McClelland water Maim (F) PUBLIC HEARINGS 10 7:00 Preliminary Plat: Cave's Lakewood Addition Ia. Request for Improvement Project: Lakewood Drive 2. 7 :10 Easement Vacation: 1249 Dennis Street (G� AWARD OF BIDS (H� UNFINISHED BUSINESS 10 Plan Amendment & Rezoning: 1915 -25 Arcade (4 Votes) 20 Plan Amendment & Rezoning: Larpenteur & McKnight (+ Votes) 3. Code Amendment: NC District (2nd Keading)(4 Votes) 49 McKnight Road - Variances (I } NEW BUSINESS 10 Recycling 2.. Gambling License Application (MS - Gulden's) 30 Joint Powers Agreement - HRA (L) ADMINISTRATI PRESENTATIONS ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 14, 1985 Council Chambers, Municipal Building Meeting No. 85 -01 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilperson Present Gary W. Bastian, Councilperson Present MaryLee Maida, Councilperson Present Michael T. Wasiluk, Councilperson Present C. APPROVAL OF MINUTES 1. Meeting No. 84 -24 (November 8, 1984) Councilperson Anderson moved to approve the Minutes of Meeting No. 84 -24 (November, 1984) as submitted. Seconded by Councilperson Wasiluk. Ayes - all. 2. Meeting No. 84 -27 (December 20, 1984) Councilperson Anderson moved to approve the Minutes of Meeting No. 84 -27 (December 20, 1984) as submitted. Seconded by Councilp'erson�, Maida. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended 1. Developers Meeting 2. Meeting - Commission 3. Parking 4. Watershed 5. Restaurants 6. Fiscal Disparities 7. Budget Seconded by Councilperson Anders'bn. Ayes - all. E. CONSENT AGENDA Mayor Greavu moved, seconded by Councilperson Bastian, Ayes - all, to approve the consent agenda Items 1 through 4 as recommended 1/14 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses Check Register Dated January 3, 1985 through January 7, 1985 - $132,980.76: Part II - Payroll dated 12 -28 -84 - $62,065.11) in the amount of $195,045.87. 2. Tousley Addition Utilities Acceptance Resolution No. 85 -1 -1 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore entered into a Contract for Public Improvements for city Project No. 84 -8 described as; Tousley Addition Utilities, and WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is completed and the utilities are hereby accepted as a part of the distribution systems. 3. Budget Adjustment - Inspectors Approved the budget adjustment of increasing the permit revenue account (01 -3301) and the consultant's expenditure account (4480 -73) by $9000.00 to cover the increased costs for consulting inspector fees. 4. Sergeants' Pay Rates Approved a process for paying Sergeants which established a salary of either $300.00 more than a patrolman or $300.00 less than a lieutenant, based on whichever is the greater. F. PUBLIC HEARINGS 1. 7:00 P.M. Rezoning.- 2086 Edgerton (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the downzoning of the property at 2086 Edgerton Street from B -C business commercial to R -2 double dwelling. b. Manager Evans presented the staff report. C. Chairman Les Axdahl presented the following Planning Commission recommendation: Commissioner Pellish moved the planning commission recommend the city council adopt the following resolution: WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to R -2, residence district (double dwelling) for the following - described property: Lot 12, Thiede's Edgerton Villas, Section 17, Township 29, Range 22 This property is also known as 2086 Edgerton Street, Maplewood; - 2 - 1/14 WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on November 19, 1984. The planning commission recommended to the city council that said rezoning be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Commissioner Sletten seconded. Ayes - Commissioners Barrett, Fischer, Larson, Pellish, Sigmundik, Sletten Nays - Commissioner Robens d. Mr. Ron Rygwalski, the applicant, spoke on behalf of his proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilperson Bastian moved to table this item until the meeting of February 11, 1985. Seconded by Councilperson Anderson. Ayes - all. i. Councilperson Bastian moved to initiate a hearing for a Plan Amendment and Zone Change for this property (2086 Edgerton) from BC to NC. Seconded by Councilperson Anderson. Ayes - all. 2. 7:00 P.M., Code Amendment - Setbacks and Lot Dimensions (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding an amendment revising the minimum setbacks lot area and lot frontage in R -1 Zones. - 3 - 1/14 b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Sletten moved the Planning Commission recommend the City Council adopt the ordinance to amend the setbacks and lot dimension requirements of the code. Commissioner Pellish seconded. Ayes - Commissioners Barrett, Fischer, Larson, Pellish, Robens, Sigmundik, Sletten." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved to table Section 2 of the proposed ordinance until further information is obtained. Seconded by Councilmember Anderson. Ayes - all. h. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 576 AN ORDINANCE REVISING THE MINIMUM SETBACKS IN R -1 ZONES THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 36 -70 through 36 -71 are hereby amended as follows: Section 36 -70. Front yards. Each lot in an R -1 District shall have a front yard of at least thirty (30) feet in depth. Except that, if the majority of the dwellings on the same street and within 300 feet of the lot to be built on have a setback from that street that is different than thirty feet, then all buildings thereafter erected, altered or moved on that street shall conform to that predominate setback as a minimum. A conditional use permit may be given to construct an addition to a single dwelling when such addition, or part thereof, extends into a minimum setback. Section 36 -71. Side yards. Each lot in an R -1 District shall have two (2) side yards, each having a width of at least five (5) feet, subject to the following modifications: (1) The side yard on the street side of a corner lot shall have a width of at least thirty (30) feet. Except that, if the majority of the dwellings on the same street and within 300 feet of the lot to be built on have a setback from that street that is different than thirty feet, then all buildings thereafter erected, altered or moved on that street shall conform to that predominant setback as a minimum. A conditional use permit may be given to construct an addition to a single dwelling when such addition, or part thereof, extends into a minimum setback. - 4 - 1/14 (2) A church or school shall have a side yard of not less than fifty (50) feet on each side adjoining other property or thirty feet from a public right -of -way. (3) When two (2) or more adjoining lots are used as a single building site, the side yard requirements shall apply only to the outside lot lines. (Code 1965, 9904.050; Ord. No. 487, §904.050, 6- 5 -80). Section 2. This ordinance shall take effect upon its passage and . publication. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Maida and Wasiluk. Nay - Mayor Greavu. 3. 7:20 P.M., Variance - 2158 Rice Street - Sinclair Station. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Signcrafters Outdoor Display, Inc., for approval of a 29 foot - sign height variance. b. Manager Evans presented the staff report. C. Board Member Rossbach presented the Community Design Review Board recommendation: "Board Member Juker moved the board recommend denial of the 29 -foot sign height variance and the variance to exceed the maximum allowable height of 50 feet for the Sinclair pylon sign. Denial is on the basis that: 1. The variance would not be in keeping with the spirit and intent of the code. 2. The excessive sign height situation was created by the landowner and was not due to circumstances unique to the property. 3. Council recently denied sign height variances for Cub Foods for two 30 -foot tall pylon signs. Board Member Rossbach seconded. Ayes - all." d. Mr. Jack Lawrence, Signcrafters Sign Company, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. The following were heard: Mr. Ray Johnson, Sinclair Co. " Mrs. Donna Funk, The Gladstone House (stated she had been on the committee that developed the sign ordinance and explained the intent of the com- mittee.) f. Mayor Greavu called for opponents. None were heard. g. Councilmember Maida moved to approve the variance as requested by Sign- crafters. Seconded by Mayor Greavu. - 5 - 1/14 Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 1 - 2 WHEREAS, Signcrafters applied for a variance for the following described property: The North 160 feet of Registered Land Survey No. 10 This property is also known as the Sinclair Station at 2158 Rice Street, Maplewood; WHEREAS, Section 36 -352 (3) of the Maplewood Code of Ordinances requires a maximum sign height of 28.9 feet; WHEREAS, the applicant is proposing a sign height of 57.9 feet, re- quiring a variance of 29 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on October 29, 1984. 2. This variance was reviewed by the Maplewood Community Design Review Board on November 27, 1984. The Community Design Review Board recom- mended to the city council that said variance be denied. 3. The Maplewood City Council held a public hearing on January 14, 1985, to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and Com- munity Design Review Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that a variance be approved to allow a50 -foot high sign, measured from street grade, on the basis of the following findings of fact: 1. Strict enforcement would cause undue hardship because of circum- stances unique to the property under consideration, and 2. The variance would be in keeping with the spirit and intent of the ordinance. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Bastian, Maida and Wasiluk. 11 Nay - Councilmember Anderson. 4. 7:30 P.M., Frost Avenue Improvements a. Mayor Greavu convened the meeting for a public hearing regarding the proposal for construction of street and storm sewer improvement in the fol- lowing described areas: along Frost Avenue between Adele Street on the west and Birmingham Street on the east and south of the former Soo Line Railroad to a southern boundary of Fenton Avenue, Frisbie Avenue and Summer Avenue. - 6 - 1/14 b. Director of Public Works Ken Haider presented the staff report and the specifics of the proposal. C. Mr. Wayne Leonard, Coordinating Engineer, Ramsey County, presented the Ramsey County report. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. Several residents in the area presented their opinions. Ramsey County Commissioner Hal Norgard spoke on behalf of the proposal. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved that the Proposed Project No. 83 -1 (Frost Avenue Reconstruction) is f to be in compliance with the Comprehensive Plan Update Seconded by Mayor Greavu. Ayes - all. g. Councilmember Anderson introduced the following resolution and moved its adoption: 85- 1- 3 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Walter Street between Frost and Fenton Avenues by construction of street, water main and sanitary sewer services; and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Walter Street between Frost and Fenton Avenues by construction of street, water main and sanitary sewer services is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $65,160.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Monday, the 25th day of March, 1985, at 7 p.m. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as,required by law. Seconded by Mayor Greavu. Ayes - all. - 7 - 1/14 h. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 1 - 4 WHEREAS, the County has planned the improvement of Frost Avenue (CSAH 28) from Adele Street to Birmingham Street; and WHEREAS, the County will be expending County State Aid Highway funds (S.A.P. 62- 628 -04) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum standards - 7A 1/14 as previously adopted for such County State Aid streets and that approval of the proposed construction as a County State Aid street project must, therefore, be conditioned upon certain parking restrictions; and WHEREAS, the extent of these restrictions that would be a necessary pre- requisite to the approval of this construction as a County State Aid project in the City, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City requests the County to restrict the parking of motor vehicles on both sides of Frost Avenue from Adele Street to Birmingham Street. Seconded by Mayor Greavu. Ayes - all. 5. 7:45 P.M. Tax Exempt Mortgage Revenue Financing (Health Resources) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Health Resources for preliminary approval of a $5.8 million tax exempt mortgage revenue bond program to construct senior citizens residence with approximately 100 units. b. Manager Evans presented the staff report. c. Mr. John Hurley, Director Outreach Senior Services, Health Resources, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Maida introduced the following resolution and moved its adoption: 85 - 1 - 5 RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI- FAMILY RENTAL HOUSING DEVELOPMENT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE PROGRAM, AND THE AMENDMENT OF THE HOUSING REVENUE BOND PROGRAMS PORTION OF THE CITY'S 462C HOUSING PLAN TO INCLUDE THE PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE CITY OF MAPLEWOOD TO ISSUE HOUSING REVENUE BONDS AND AUTHORIZING THE SUBMISSION OF THE FINANCING PROGRAM FOR THE PROJECT FOR APPROVAL TO THE METROPOLITAN COUNCIL AND MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (HAZEL RIDGE ELDERLY PROJECT) - 8 - 1/14 WHEREAS, (a) Minnesota Statutes, Chapter 462C (the "Act ") confers upon cities the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or more multi - family housing developments within the boundaries of the city; (b) The City has received from a Minnesota limited or general partnership to be formed with Health Resources Assistance Corporation . as a general partner (the "Developer "), a proposal that the City under- take a program to finance a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more series or which may be in the form of a single debt instrument) (the "Bonds ") pursuant to the Act; (c) The City desires to: Facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the de- velopment of housing facilities designed for occupancy by persons of low or moderate income; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives; (d) The City desires to expand the "Housing Revenue Bond Programs" portion of its 462C Housing Plan to incorporate the program for the Project; (e) The Developer is currently engaged in the business of pro- viding health care and housing. The Project to be financed by the Bonds is the construction and equipping of a building containing approximately 100 rental units, anticipated to consist of 60 one - bedroom units and 40 two - bedroom units, located immediately north- east of the corporate headquarters of Health Resources, Incorporated at 2696 Hazelwood Avenue in the City, which will result in the pro- vision of additional rental housing opportunities to persons within the community; (f) The City has been advised by the Developer that conventional, commercial financing to pay the capital costs of the Project is avail- able only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be signifi- cantly reduced, but the Developer has also advised the City that with the aid of municipal financing, and resulting low borrowing costs, the Project is economically more feasible; (g) A public hearing on the Project, the financing program and the amendment of the "Housing Revenue Bond Programs" portion of the City's 462C Housing Plan therefor was held at 7:45 p.m. on January 14, 1955, after notice was published, all as required by Minnesota Statutes, Section 462C.05, subd. 5, at which public hearing all those appearing at said hearing who desired to speak were heard; - 9 - 1/14 (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City hereby gives preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to Minnesota Statutes, Chapter 462C, consisting of the construction and equipping of multi - family rental housing facilities within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds in a total principal amount of approximately $5,800,000 to be issued pursuant to the Act to finance the construction and equipping of the Project; and said agreement may also provide for the entire interest of the Developer therein to be mortgaged to the purchaser or purchasers of the Bonds, or a trustee for the holder(s) of the Bonds; and the City hereby undertakes preliminarily!_ to issue its bonds in accordance with such terms and conditions; 2. The "Housing Revenue Bond Programs" portion of the City's 462C Housing Plan as herein . proposed to be amended is hereby approved and adopted and the City Clerk is authorized and directed to submit the amended 462C Housing Plan to the Metropolitan Council for its review and comment. The comments of the Metropolitan Council, if any, shall be sub- mitted to the City Council for its consideration; 3. At the option of the Developer, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; pro- vided that any such financing structure must be approved by the City; 4. On the basis of information available to the City, it appears, and the City hereby finds, that the Project constitutes a multifamily housing development within the meaning of subdivision 5 of Section 462C.02 of the Act; that the Project will be primarily occupied, in part, by per- sons of low or moderate income; that the availability of the financing under the Act and the willingness of the City to provide such financing will be a substantial inducement to the Developer to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the provision of additional multi - family rental housing opportunities to residents of the City, to assist in the prevention of the emergence of blighted and marginal land and to promote more intensive development and use of land within the City; 5. The Project, and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to the approval of the financing program by the Minnesota Housing Finance Agency (the "MHFA ") and subject to final approval by the City, the Developer and the purchasers of the Bonds as to ultimate details of the financing of the Project; - 10 - 1/14 6. In accordance with subdivision 5 of Section 462C.05, Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the program for financing the Project to the MHFA, requesting its approval, and other officers, employees and agents of the City are hereby authorized to provide the MHFA with preliminary information as it may require; 7. The Developer has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by MHFA will be paid by the Developer; S. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project and the financing program therefor, to consult with the City Attorney, the City's fiscal consultant, Developer and purchasers of the Bonds (or trustee for the purchasers of the Bonds) as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval; 9. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encum- brance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder or holders of the Bonds shall never have the right to compel any exercise of the taxing power of - the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City. The Bonds shall recite in substance that the Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 10. In anticipation of the approval by the MHFA and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the project will not be unduly delayed when approved, the Developer is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Developer considers necessary, in- cluding the use of interim, short -term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City; 11. If construction of the Project is not started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein granted is withdrawn; 12. The actions of the City Clerk in causing public notice of the public hearing and in describing the general nature of the Project and estimating the principal amount of the Bonds to be issued to finance the Project is in all respects ratified and confirmed; - 11 - 1/14 13. Final approval for the Project and the issuance of the Bonds will not be granted until the City has received the following: a. evidence that the Project is consistent with the comprehensive plan. b. Documentation from a qualified real estate marketing analyst evidencing (i) that the Project will not have a negative impact on vacancy rates of existing multiple dwellings in the City and (ii) that the development will be able to comply with the federal low and moderate income requirements (as set forth in the housing program) over the life of the bond issue. Seconded by Councilmember Wasiluk G. AWARD OF BIDS None. H. UNFINISHED BUSINESS Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk Councilmember Bastian abstained. 1. Reconsideration - Brooks Superette Rezoning a. Councilmember Maida moved to reconsider the Council's action of December 10, 1984, rezoning Brooks Superette from BC to R -1. Seconded by Councilmember Wasiluk. Ayes - all. 2. Older Adult Home Sharing a. Manager Evans presented the staff report. b. Councilmember Bastian moved to approve the budget transfer of $1297.00 from the contingency fund to the community development administrative fund program. a need Seconded by Councilmember Maida. Ayes - all. 3. Architectural Alliance Contract a. Manager Evans presented the staff report. b. Councilmember Anderson moved approval of the agreement with Architectural Alliance for the new City Hall. Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS l.' Water Main Petition a. Manager Evans presented the staff report. - 12 - 1/14 b. Councilmember Anderson introduced the following resolution and moved its adoption: 85- 1- 6 WHEREAS, the City Council has proposed that the area described as: Ripley Avenue west of Edgerton Street be improved by construction of water main, NOW, THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engi- neer, who is hereby instructed to report to the Council with all con- venient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as pro- posed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Maida. Ayes - all. 2. Feasibility Study - Connor Avenue a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption 85- 1- 7 WHEREAS, the City Council has previously entered into an agree- ment with the State of Minnesota, Department of Transportation, and private property owners, Hess Kline and Jean E. Paranto, calling for the improvement of the area north of the Datsun dealership by con- struction of Connor Avenue between T.H. 61 and Maplewood Drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Seconded by Councilmember Maida. Ayes - all. 3. C D R B Appeal - 325 E. Roselawn Avenue a. Manager Evans presented the staff report. b. Board Member Rossbach presented the following Community Design Review Board recommendation: - 13 - 1/14 Board Member Rossbach moved the Board accept the bituminous curbing as installed, which is to be checked by staff each year. After five years the curbing shall be replaced with concrete curbing regardless of condition of the bituminous curbing. Board Member Juker seconded. Ayes - Members Rossbach, Juker, Moe Nays - Member Peterson C. Councilmember Anderson moved to uphold the Community Design Review Board's recommendation. Seconded by Councilmember Maida. Ayes - all. 4. PAC for Neighborhood Parks a. Manager Evans presented the staff report. b. Councilmember Bastian moved to establish the neighborhood PAC charge of $340.00 per residential home. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Bastian & Wasiluk Nays - Mayor Greavu, Councilmembers Anderson and Maida. The PAC charge will remain as charged in 1984. 5. Apartment Storage Space (1st Reading) a. Manager Evans presented the staff report. b. Mayor Greavu moved first reading of an ordinance amending the code to permit the required 120 cubic feet of miscellaneous storage space in the main building or the garage. Seconded by Councilmember Wasiluk. Ayes - all. 6. Planning Commission Resignation. a. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 1 - 8 WHEREAS, Warren Robens has been a member of the Planning Commission of Maplewood, Minnesota, since June 30, 1983, and has served faithfully in that capacity to the present time; and WHEREAS, the planning commission recognizes his experience, leader- ship and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and - 14 - 1/14 WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the city. NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Warren Robens is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. Seconded by Councilmember Maida. Ayes - all. 7. Council Appointments: a. Acting Mayor 1. Mayor Greavu moved the appointment of Councilmember Wasiluk as Acting Mayor Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nay - Councilmember Wasiluk. b. Planning Commission 1. Councilmember Bastian moved to appoint Lester Axdahl, Chairman of the Planning Commission. Seconded by Councilmember Wasiluk. Ayes - all. C. Official Newspaper 1. Councilmember Bastian introduced the following resolution and moved its adoption: N1 V NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the MAPLEWOOD REVIEW be designated the official newspaper for 1985. Seconded by Councilmember Wasiluk. Ayes - all. d. Rules of Procedures 1. Councilmember Bastian moved to continue the Rules of Procedure to the second meeting in January. Seconded by Councilmember Anderson. Ayes - all. e. Suburban Rate Authority 1. Councilmember Wasiluk introduced the following resolution and moved its adoption: - 15 - 1/14 85 - 1 - 9 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: Mayor John Greavu is hereby designated to serve as a director of the Suburban Rate Authority, and City Manager Barry Evans is hereby designated to serve as alternate director of the Suburban Rate Authority for the Year 1985 and until their successors are appointed. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Maida and Wasiluk Nay - Mayor Greavu J. VISITOR PRESENTATION None K. COUNCIL PRESENTATIONS 1. Developers Meeting a. Councilmember Anderson questioned when a meeting can be established to review the developers concerns. b. Council will meet with staff February 21, 1985, at 4:00 P.M. 2. Commissioners Meeting. a. Councilmember Anderson questioned when a meeting can be established to meet with the commissions. b. Council will meet with the Commissions and Boards Saturday, February 16, 1985, at 9:00 A.M. at City Hall. 3. Parking a. Councilmember Bastian stated the Best Buy Co. on Beam Avenue is experiencing parking problems. b. Staff will investigate. 4. Watershed Districts a. Councilmember Bastian requested Council be given a map outlining the various watershed districts. 5. Restaurants a. Councilmember Bastian commented on the appearance of the Skippers Restaurant on White Bear Avenue. 6. Fiscal Disparities - 16 - 1/14 a. Councilmember Bastian questioned if we had received an update on how we updated the Fiscal Disparities. He also suggested Council meet with the area legislators. L. ADMINISTRATIVE PRESENTATION 1. Budget Transfer - IBM PC Unit a. Mayor Greavu moved to approve the budget transfer (from the contingency fund) of $2,535.00 to Account 01- 4630 -31 and $373.00 to 01- 4430 -31 to purchase the IBM PC Unit for the City Clerk's office. Seconded by Councilmember Anderson. Ayes - all. 2. Attorney a. City Attorney Patrick Kelly updated the Council regarding laws on rezoning M. ADJOURNMENT 10.22 P.M. City Clerk - MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 25, 1985 Council Chambers, Municipal Building Meeting No. 85 -04 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Absent MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Absent C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended 1. Recycling Task Force 2. Junction Street 3. Settlement: Carbone and Elia 4. Resolution - Gambling Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda, Items 1 through 3 as recommended. 1. Accounts Payable. Approved the accounts (Part I - Fees, Services, E)cpenses, Check register dated 02 -13 -85 through 02- 14 -85)in the amount of $289,128.31 as recommended. 2. Carry -Over of 1984 Appropriations. 3. Transfer From Contingency, Fund (Sewer Bills) Approved the transfer of $4,400.00 from the Contingency Account to the Sewer Bill Administration Account to cover the cost of postage, envelopes and return envelopes. PUBLIC HEAR Mayor Greavu stated that since there are only three members of the Council present, Items that require four votes to pass will be heard but tabled until the meeting of March 11, 1985. 2/25 1. 7:00 P.M. Plan Amendment and Rezoning : Larpenteur and McKnight (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed plan amendment from SC Service Commercial to LSC Limited Service Commercial and proposed rezoning the 7 -11 Superette site from BC Business Commercial to NC Neighborhood Commercial. b. Director of Community Development Geoff Olson presented the Staff report and the Planning Commission report. C. Mr. Jim Weyer, owner of the 7 -11 Superette Center, spoke in favor of the proposal. d.. Mayor Greavu moved to table this hearing until March 11, 1985 Seconded by Councilmember Maida. Ayes - all. 2. 7:10 P.M. Plan Amendment - Rezoning 1915 - 1925 Arcade. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal for a plan amendment for the northwest corner of Roselawn Avenue and Highway 61 from RL Low Density to LSC Limited Service Commercial and proposal to rezone the northwest corner of Roselawn Avenue and Highway 61 from BC Business Commercial to NC Neighborhood Commercial and proposal to rezone the Bellwood Apartments from BC Business Commercial to R -3 Multiple Dwelling Residential. b. Director of Community Development Geoff Olson presented the Staff report and the Planning Commission report. C. Mayor Greavu asked if anyone wished to be heard for or against the proposal. The following expressed their opinions: David Vogt, Jr., 800 E. Roselawn Camille Heininger, 796 Bellwood d. Mayor Greavu moved to table the hearing until the meeting of March 11, 1985. Seconded by Councilmember Anderson. Ayes - all.. 3. 7:20 P.M. Plan Amendment and Rezoning : County Road C - Hazelwood and Gervais (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed plan amendment and rezoning of the area of County Road C., Hazelwood, Gervais Avenue and the tracks. b. Director of Community Development Geoff Olson presented the Staff report and the Planning Commission report. C. A petition opposing the proposal was presented. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: - 2 - 2/25 Mark Terry, 1478 Gervais Mike Bruno, representing the Wilson family, 2471 Barclay Tim Wilson, representing his parents, 2471 Barclay (He stated he and his parent's have withdrawn their names from the petition). Doug Frid, 2467 Hazelwood Tim Montgomery, 1616 E. Sextant Phil Oswald, 2767 English George Rossbach John Luger, 2451 Germain Bruce Schmidt, Architect for Freeman Family Mike Fecht, 2608 Hazelwood Earl Freeman, owner of property in the area Vicki Scanlon, 2425 Hazelwood - Bob Schmidt, 1439 E. Burke, Council President for Holy Redeemer. Church Jim Sanders, 2425 Hazelwood e. Mayor Greavu moved to table this item until April 8, 1985. Seconded by Councilmember Anderson. - Ayes - all. f. Council established ameeting with the Planning Commission and City Attorney to discuss the proposed Plan Amendment and rezoning of the County Road C area. 4. 7:30 P.M. - Code Amendment - NC District (1st Reading) a. Mayor Greavu convened the meeting for a public hearing regarding first reading of an ordinance to amend the NC Neighborhood Commercial District to give the City Council the option to approve certain uses by a conditional use permit that are similar to permitted uses. The amendment would also allow printing shops and video rentals. b. Director of Community Services Geoff Olson presented the Staff report. C. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Mayor Greavu moved first reading of an ordinance amending the NC Neighborhood Commercial District ordinance as recommended Seconded by Councilmember Maids. Ayes - all. 5. 7 :40 P.M., Variance : 1850 Radatz a. Mayor Greavu convened the meeting for a public hearing requested by Ronald Whyte for approval of a five -foot lot width variance to create a seventy foot wide single dwelling lot and create two lots at 1850 Radatz Avenue. b. Director of Community Development Geoff Olson presented the Staff report and the Planning Commission report. - 3 - 2/25 C. Ronald Whyte, the applicant, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption 85 - 2 - 26 WHEREAS, Ronald Whyte applied for a variance for the following-described property: The East 150 feet of the West 965feet of the North 200 feet of the Southwest Quarter (SW 1/4), South of Radatz Avenue in Section 2, Township 29, Range 22. This property is also known as 1850 Radatz Avenue, Maplewood; WHEREAS, section 30 -8 (f) (1) and 36 -69 of the Maplewood Code of Ordinances require interior single dwelling lots to be at least 75 feet wide; WHEREAS, the applicant is proposing 70 feet of width, requiring a variance of five feet; WHEREAS, the procedural history of this variance is as follows; 1. This variance was applied for on Devember 31, 1984. 2. This .variance was reviewed by the Maplewood Planning Commission of Feb- ruary 4,. 1985. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on February 25, 1985, to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Plan- ning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described variance be approved on the basis of the following findings of fact: 1. Denial would cause an undue hardship to the property not created by the landowner. 2. The resulting lots would be in keeping with the spirit and intent of the zoning code. Seconded by Councilmember Maids. Ayes - all. - 4 - 2/25 AWARD OF BIDS None. H. UNFINISHED. BUSINESS 1. Municipal State Variances (McKnight Road) a. Councilmember Anderson moved to table this item until the Meeting of March 11, 1985. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Travel and Training Policy a. Mayor Greavu moved to revise the Travel and Training Policy to pay full costs of out of State travel for commissioners - Seconded by Councilmember Anderson, 2. H.R.A. Appointment a. Councilmember Maida moved to reappoint Thomas Connelly to a five -year term on the H.R.A. Seconded by Mayor Greavu. J. VISITOR PRESENTATION Ayes - all. 1. Mr. Larry Holmberg a. Larry Holmberg, Ramsey County Parks Department, requested Council cancel the Park Availability Charge for the new Ramsey County Recreation Building. b. Councilmember Maida moved to cancel the P. A. C. Charge for the Ramsey County Parks Building. Seconded by Mayor Greavu. Ayes - all. K. COUNCIL PRES ENTATIONS 1. Recycling a. Councilmember Maida questioned the progress of the recycling issue. b. Director of Community Services stated there will be someone regarding recy- cling at the next Council meeting. 2. Junction Street a. Councilmember Anderson stated Mr. Otto on Junction Street is still ex- periencing severe problems with drainage. - 5 - 2/25 -: ADMINISTRATIVE PRESENTATIONS 1. Settlement Carbone and Elia. a. City. Attorney.Bannigan explained the settlement reached regarding the Cope Avenue assessments for Carbone and Elia. b. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 2 - 27 WHEREAS, that Parcels No. 1 and 2 are owned in fee simple by owners above .named and are described as follows, to wit: Parcel 57 19000 291 13 Parcel 57 19000 020 18 WHEREAS, that owners pursuant to the provisions of Minnesota . Statutes, Sections 429.061 and 429.081 have taken timely appeals from that special assess- ment for local public improvement Project 79 -1 for street, curb and gutter, a sanitary sewer main and service, water main and service, and storm sewer; WHEREAS, City levied a special assessment for local public improvement Project No. 79 -1 and so far as the same pertains to said Parcels 1 and 2 in the amount of $77,243..52 on July 30, 1981; WHEREAS, the parties hereto, through the undersigned, their respective attorneys or record., desire to compromise and settle these pending pro- ceedings. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That as to Parcel 57 19000 291 13, the assessments levied by the City Council on July 30, 1981, were as follows: a. For sanitary sewer mains at $12.65 per front foot or 673.95 front feet equals $8,525.47. b. For two sanitary sewer services at $626.13 per service equals $1,252.26. c. For water main at $33.16 per front foot for 673.95 front feet equals $22,348.18. d. For three water services at $824.89 per service equals $2,474.67. e. For three 1 1/2 -inch water services at $119.13 per service equals $357.39. f. For non - residential storm sewer at $.09 per square foot over 98,245 square feet equals $8,842.05. g. For street, curb and gutter at $47.62 per front foot over 673.95 front feet equals $32,093.50. - 6 - 2/25 for a total special assessment against 57 19000 291 13 of $75,893.52. 2. That as to Parcel 57 29000 020 18, the special assessment levied by the City Council on July 30, 1981, was as follows: a. For non - residential storm sewer at $.09 per square foot over 15,000 square feet equals $1,350.00. for a total special assessment of $1,350.00. 3. That the gross assessment of $77,243.52 levied against Parcels 1 and 2 shall be reduced to $24,356.10 apportioned as follows, et -wit: a. Cancel assessment of $32,093.50 D.P. No. 5174 for Parcel 57 19000 291 13 Cancel assessment of $1,350.00 D.P. No. 5251 for Parcel 57 19000 020 18 Reduce assessment of $43,800.02 for D.P. 5251 by $19,443.92 and place $13,611.31 on Parcel 57 19000 291 13 and $.10,744.79 on Parcel 57 19000 020 18. 4. That the effective date of the reduction shall be July 30, 1981, and that the payment of the first installment of the reduced assessment including principal and interest running from July 30., 1981, shall not be payable until the calendar Year 1985 and thereafter until the entire principal balance due thereunder, together with interest as originally determined, shall be paid over 20 years. 5. That the owners, through the undersigned, their attorney, hereby waive any and all right of further notice and appeal as provided for in Minnesota Statutes, Chapter 429, as amended. 6. That the above proposed reduced special assessment is accepted by the City, through the undersigned, its attorney, and shall constitute the special assessment for local public improvements against said Parcels l and 2 that said Parcels 1 and 2 are hereby found to bene- fit by said local public improvement in the amount of the reduced assessment levied therefore. 7. That the terms and provisions of Maplewood City Council resolutions adopting the original assessment role in so far as they are not otherwise inconsistent herewith, are incorporated . herein by reference 8. That the Maplewood City Clerk shall, upon appropriate City Council action, forthwith transmit a certified duplicate of the reduced assessment as determined hereunder to the Ramsey County Auditor to be extended on the property tax list of said County and said assessments shall be collected and paid over in the same manner as other municipal taxes save and except that the owners shall not be liable for penalties and interest on penalties through and including the date hereof. - 7 - 2/25 _ 9. The above- entitled action - having been hereby TulTy;%com -- promised and settled, it is stipulated and agreed that the same - may be, and hereby is, dismissed on its merits with . prejudice and the Clerk of the above -named District Court, upon filing of this Stipulation, is hereby authorized and directed to dismiss said action of record. IN WITNESS WHEREOF, the parties hereto, through the undersigned, their respective attorneys, have set their hands all as of the day and year first above written. ANGELO CARBONE AND JUNE E. CARBONE, husband and wife and GENE ELIA, a single person CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA By Daniel B. O' /s/ Daniel B. O'Leary Attorney at Law Suite 300 Minnesota State Bank Building 200 South Robert Street St. Paul, Minnesota 55107 Phone: (612) 222 -2731. Seconded by Councilmember Maida. 2. Resolution - Gambling By John F . Bannigan, Jr. /s/ John F. Bannigan, Jr. Maplewood City Attorneys 409 Midwest Federal Building 50 East 5th Street St. Paul, Minnesota 55101 Phone: (612) 224.3781 Ayes - all. a. Councilmember Anderson introduced the following resolution and moved its adoption - 85 - 2 - 28 WITNESSETH: WHEREAS, the National Multiple Sclerosis Society, Minnesota North Star Chapter has applied for a gambling license for gambling to be conducted at 2280 Maplewood Drive, City of Maplewood, presently known as The Hook and Ladder, a licensed on -sale liquor establishment. WHEREAS, Section 15 -47 of the Maplewood Code provides that any organiza- tion otherewise qualified applying for a license "shall have been in existence in the City for at least threq (3). years and shall have at least thirty (30) members." WHEREAS, Section 15 -48 of the Maplewood Code requires the premises shall be either owned or under lease for a term of at least six (6) months by the applicant and said premises shall be the regular meeting place of such organi- zation. - 8 - 2/25 WHEREAS, it appears that the aforesaid premises is not the regular meeting place of the organization nor has the organization been in existence in Maple- wood for a period of three (3) years nor does the organization own the premises or have a lease for a term of at least six (6)months as required by the ordi- nances. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, that it finds that said National Multiple Sclerosis Society, Minnesota North Star Chapter and its application for a gambling license does not meet the requirements of the Maple- wood Code and is therefore, denied. Seconded by Councilmember Anderson. Ayes - all. M. ADJOURNMENT 9:15 P.M. City Clerk - 9 - 2/25 ACCOUNTS PAYABLE - MARCH 11, 1985. MANUAL CHECKS Page 1 yr�e............. .r..rl�r.. ..rb sa...�......... - Liar 19e5 CITY -)F MA0*L_y»0 Cw"CK R:%;!STER C4r_CK ?• OMTE I"OUVT V _,VO^I ITEM CESCRIPT:ON ^04,.'73 G3 /r, 1 /A TRI•CTY LIB r''JF MEMBERSHIP 3J.A • J44 "69 3/� P5 3.779.53 M ST v *rAS MTR VL'H TCLE C44M69 A /i1'g5 433.0 M"1 S T TP.i:! MTR V_H:CLE ft* f •: 4 P212.5n • .45::5, 3/..1iP.5 5.53 G =OFF OLD2% sEmINIR 5.50 + C454 4L '_ 3 / : 1 55 6 ?, I'AA FOX =R VICE = • +lft!! 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UTiLi N S 2.47 N UTIL:TIc:S 2.43 tiSa uTI LiTI.S 448.4 'JS° UTILITI == � :+1 tiS UTI Li TI _ c 253.-Q V � UTIL:rt =s 96.57 1 9SP UTILITI.S 2250 :0 E'3 WA R'1 M0 2 IS =- 4S .y.NT 225. '0 2. 22.25 �!'�! ST 'R =�S M TR V_HTCLE 4369:0 M%l ST TR =1S Jrlq.V LTC 442.�J M "0 ST TREI; JV LIC 2990"•25 f 357915 . y: z/Q J:000T 5.'4 AFSCME a/R 0_OUCT 362.89 : ?• j5 8T &T .-L E-PHONE ?• ^7 QT &T LiP HO N: 0 9 64 ET&T TEL = °HONE 1 950 AT &T 'UZPHDNE Page 4 19t5 rT TY IF MA PL:. W C,)[) ' CHECK REG?ST_R CHECK y ^ CATc "M OUNT . 1I :TEM or 16.99 : 6C35 CTTY CTY .. i5•133.50.. _ "56 C4 T 56C+ :3/C1!95 :311/ 'x.58 JlJDY C`LE °ECK 3- TTY CA G56C47 1156C4I L3 /C1 /$5 _. 2 .25 _ •..J JUDY C�iLc�ECK o_TTY CASH U3/L1/85 2 JUDY CNL =qiECK P' S _TTY CA�H '5.6C47 j3 /Clf85 •�� Z, 4 5 JUDY COLE =CK a =TTY �' - CA • C56�4T 431:1/Q5 5•�? JUDY GHL 4=CK JUDY =TTY CASE- 1 3. R9 * CHL_RE CK T TY. 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V: SOD I TEM DrSCRIPTION I E j C56M69 L 3 /x.=1 /R .0 612..63 MN ST TREAS SURTAX PAYABLE P-'56 v69 X3/, /8 5 23 MN ST TREAS MTR Vr - HI CLE r'56 ? d3 1f R 5 252030 MN ST TR S DRV LAC ��S6Moq :3 /w /Q5 12.25- wN ST TR ,S S�RT_Ax 24,534..33 56M70 X3/`"1/85 4,374.63 MN ST TREAS FICA PAYABL D56 7C' s:3/C1185 4„374.63 MN ST TRcE S F ICA PAYABLE 9,749.26 • n _56065 ,, 3/`.'1/h5 2.3 ,�.:� _ UW� DF MV TaAINTUG C56 W2 5 j3 /- 1 /8 163.98 W'SC DEPT F ` -V P/R D =DUCTI ^N 1 63, 98 � r5l mA9 - z /�1 IP 5 6, -2i .49 A � MN ST TREt S QTR V�H ' Sl y69 X3/..1 /�85 37b s1v M Y ST TREAS O RV LIC 6, 397, 49 i 1 %.l. 56 Z�4r - 3/- - 1/8 1 5 " 1 9197.50 . M: A'I'L =TIL '.53n7t .,?/,:1 ?2.25 JhCK n SA�TZKY _�� =�" =NT 72.?5 `15aA t 3V�1 8 5 r ?57.08 JPHN ITCH. `ON 757.98 y58Ml3 �- '3- .*. 85Q, �1 - !�a L� LEAF DFF -COALS -. �-� UiCF C56M1 3 _3/ -1X85 f. 4 1 +5�. �7 _ P MA LE LEAF OFFi ALS __ Q S 7 R V� v i 56M1 3 _3/x118 39.'_0 MAIL: LEA= OF "GALS „�RV'%ES 4u56.' 058 M69 L. 3 /C1 � � 5 4 9 51 .4J M *j ST . TREAS MTR V :' CLE to .5�Mo9 �3/�1/85 7.399.18 M'� ST TREAS UTR y= HAc:LE 350M69 - 3/�.1/F5 477. -'D M'I ST TREAS ORV LAC 050M69 4.,3/U1/85 1180f MN ST TREAS 7RV LTC �j 129545.5t * f Page 6 'y55 CTTY 3F MAFLE'W� - C CHEC REGIST =R CHrCK J:,rE AUJUyT VEN017 iTEm CESCRIFTTON "58M95 :3 1.18 5 182 MRPA 3!:RVTC .S 1 ".' 16^9132995 FU *gin 31 TOTAL G NE"RAL 1 .53 cU1 3 TI- TtL HYC?A�.�T CHA? G� 1 •5ati FUN1n 11 TOTAL = -iRK CLVELCNT 397.25 PUNK F2 TOTAL FRCST AU A7 =L= 9IR 491.47 FU *1^ 9. T'ITAL SANTTARY S&:W FU.Ajo 14 9344 FUND 92 TOTAL 4Y? 3LL B" FT. T FUy0 PU'J, 9 94 TOTAL C=NTAL SELF- ?`ISURA *4C= 1949 - T °CTRL ACC 0 T. �j` � �'AYA jLL' -- MARCH 11, 1985 -- _. Page 1 1985 CITY J F MA PLE Y C00 CHECK R EGISTER CHECK N09 DATE.. _ _. _9_999. AMOUNT VENDOR ITEM DESCRIPTION 010 106? 02/28/85 100000 NO CENTRAL SEC AYWA TRA IN IN S 10 010 • 070080 02/28/85 5900 MUNIEI?IALS 'qEMBERSHIP 5.0D • U70C�T J2/28/85 25.00 MN CITY MGM ASSN MEMBERSHIP 25.00 070Q91 J2/28/85 19.':0 Awl 9USTN - SS MACHIIE SUPPLIES : 70125 w2/28/85 1 75.''0 CIRPORATE RISK MANG SERVICES 1759 0 t '.70,186 02/28/85 359JI 0 MEEH41 JA4 S CANINE 35.0 0 tt *ft� 070427 02/28/85 5.00 PRIG6E LINDA REFUND 5900 07(1555 02/28/85 290 *10 RRA CKE LO iIS CONSULTING FEES 290.00 : J7^57$3 02/2R/85 302.00 _. STAG MFG DIST REPAIRS 07 1;2 /28/.85 101.36 STAC .MFG DIST REP 4I RS 403.36 - 07n693 u2/28/85 26 _ .__.. _ GOVT. FINAVCE SUPPLIES 2 6. C 0 �► 07 (1725 02/28/85 99592.96 ARC41TECTURAL ALL SERVICES Page 2 OWL 1985 CITY OF MAPLEWCOD CHECK REGISTER CHECK N0. DATE AMOUNT V: NDOR ITEM DESCRIPTION O10.13� _ .02/28/85 75.00 _ DEE JAV GRAPHICS PRINTING 75.'0 t SUPPLIES REFUN REFUND SERVICES REFUND REF UNO RE'F UNO REFUND SERVICES SUP PL IE S SUPPLIES REF UNO REFUND REFUND REFUND ST TAX - Supp ST TAX SUPPLIES SUPPLIES 010858 ia2/28/85 18 AMERICAN =1AGPOLF CM 0712659 j2/2 2.OJ ASLESEN PATRICIA 2.0t� 073.86a 02/28/85 2 *20 CLAUSSEN SANDRA 2.30 * n7(1861 J2/28/85 /85 514965 FIRST STR STATION 514.65 f 7(1862 02/28/85 4. "0 FRED:RrCKSON ANN 4.0^ 0701563 02/28185 2900 GULLIVAN CAROL 070.864 U2/28/85 2910 HIELSBERG BEVERLY 2.30 0712665 02/28185 7.170 LAND TONI 7. ^0 Qlab66 02/28/85 405*J0 MC4ULTY JOHN J 400,00 + 97n867 U2/28/85 105. 0 OXFORD CH= MICALS �7C ,8 67 X2/28/85 50.90 OXFOiD CH_MICALS 155.90 97Q668 J2/28/85 200 PRIGGE NANCY 2.30 - 07a669 02/28/85 2 *1-0 PROCAI ELIZABETH 2 *31 070870 _ U2/28/85 79 RANGITSCH EMILY 7.1-0 f 070811 U2/28/'85 _ 2. ; �J _ SOMERS LE= 2.00 070872 C2/28185 2204w STANDARD RE GISTER 3701872 U2/2,8/85 403.43 STANDARD 'E6ISTER 070,812 02/28/85 21.52- STANDARD ?EfISTER M872 - .-,.. 0 2 185 _ 430.35 STANDARD RE GIST E R 759.42 _ .07Q873 02128/85 _. _ -- 37.29. - - -.. TOUSLEf FORD SUPPLIES REFUN REFUND SERVICES REFUND REF UNO RE'F UNO REFUND SERVICES SUP PL IE S SUPPLIES REF UNO REFUND REFUND REFUND ST TAX - Supp ST TAX SUPPLIES SUPPLIES c Paoe 3 _.. - 196.5 CITY J F M A PLE W000 CHECK REGISTER CHECK NCB. CATS -- - - _ _.. - AMOUNT _ .___ -. __.._. _ _ V"N00? ITEM DESCRIPTION t 37.29 07(1674 u2/28/85 2.10 ZAISER R03ERTA REFUND i 2.00 ' 07QB75 02/28/85 89.50 ATTENTION GETTERS PRINTING t 89.53 017U76 78 00 MAPLZWO 04KOALEPRTG SUPPLIES t tRo? tttitt t 1 07UA20 :.2/28 f85 201. 30 AHt CHA -RL_S R MEMBERSHIP ze1.30 t ttt *i t 1 17QB15 02/28/85 110.68 BATT_RY TIRE WHSE SUPPLIES 070815 J2/28/85 110.68- BQTT;RY TIRE WhSE SUPPLIES l�J 815 J2/28 110.68 QATTr-RY TIRE' WHSE SUPPL , IES 1 10.68 97GB45 'J2/28/85 39991.On BOARD OF W COMM SERVICES *�tttt 010848 02/28/85 12 BOYER TRUCK PANTS SUPPLIES 07 848 02/28/85 73.25• BOYER TRUCK PARTS SUPPLIES 07 8 � ZI 28 / R 5 7098 90YER TR.U� K PARTS SUPPLIES 07^P48 J2/28/85 29.'?0 BOYE1 TRUCK C ARTS SUPPLIES ^701,B48 X2/28/85 31 80YE3 TRUCK PARTS SUPPLIES O7^B48 J2/28/85 127 BOYER TRUCK PAR SUPPLIES 070848 J2/28185 127,47 BOTER TRUCK PARTS SUPPLIES 122.97 070852 02/28/85 201.14 BRISSMAN•KENNEDY SUPPLIES 201 .14 07QC41 _ 02/28/85 288. 12 CATCJ SUPPLIES 258.0 2 07O,C55 w2/28/85 191.x'5 COPY DUPLICATING SERVICES 191 t. s a ge y 1985 CITY OF MAPLEWOOD CHECK REGISTER r CHECK NO* DATE AMOUNT _._ _ . V_NDO? ITEM DESCRIPTION 070058 U2/28/85 25950 COPY EaUI'MENT INC' SUPPLIES - 25.50 + ' 07(3031 CJ2128185 13,J0 DATA OrSP4TCMING SERVICES -07(1037 02/28/85 24,50 DATA OiSPATCHING SEER VICES 37e50 07OE07 J2/28/85 19972 EASTMAN KODAK CO SUPPLIES 07QEV U2/28/85 6,57 EASTMAN K)DAK CO SUPPLIES. U77E07 J2/ ?8/8 t 29959 EASTMAN K)DAK CO SUPPLIES J70E01 j2/26/$5 52.60 EASTMAN KODAK CO SUPFL I£S 070Eu7 w2/28/85 59.11 EASTMAN KODAK CO SUPPLIES MEO7 02/26/65 9,87 EASTMAN K)DAK CO SUPPLIES MEW U2128/8 5 118933 EASTMAN K30AK CO SUPPLIES Q70EQ7 U 2/28/85 32.RT EASTM KODAK CO SUPPLIES 328.72 �f► *tom �73E25 L2/28/85 71.40 E K QUENL SUPPLIES 07QE25 02/28/85 89,35 E K OUEML SUPPLIES 16.75 37QE90 02/28/85 2259:0 EVANS BARRY WEN ALLOW 225.00 C70G40 1,2/28/85 350. 4 GOODIN CO SUPPLIES 350:84 ^7^_G46 02/28/85 34915 GENUINE PARTS SUPPLIES 07aG46 0 2/28/8 'co 68e30 GENUINE PARTS SUPPLIES 102.45 Of0,G57 L2/28/85 500, GRAC= DUA4E C SERVICES 500, 00 f OT4G58_ w2/28/85 .12967 _ GREY JANET SUPPLIES 12.67 070.N14 02/28/85 36.00 NALWES KEVIN R SUPPLIES P age 5 1 i 19115 CjTY OF MAPL£W010 CMECK REGISTER CHECK NO• DATE M U T VENOV -- -- ITEM DESCRIPTION 36.0 0 ! O7U.H21 _ u2/28/85 224941. HERBERT H?CHAEL J SUPPLIES 224.41 +► c_ OT0H40 2/28/85 53.93 HILLCREST GLASS SUPPLIES 070 r88 w2/28/85 37950 INTL CrTT "GMT ASSN SUPPLIES '- 37.50 OICK55 u2/28/85 126938 KNOX LUMBER SUPPLTE'S r11QK55 x.2/28/85 191070 KNOX LUMSTR SUPPLIES '— 313. 'I8 f 07QL21 . _ 02/25f85 57.47 LAKELAND F 0RD SUPPLIES 57.47 . 07OL28 0 2/2S 5 35.30 LANG RICH% RO CAN INE 35 * 00 17(102 U2/28/85 1,391.70 LAW ENFDQCEMENT EQUP SUPPLIES 07(2L32 u2/28/85 42.30 LAW ENFORCEMENT TOUP SUPPLIES 17OL32 u2/28135 1X066.80. LAW .NFORC =ME "JT EQUP SUPPLIES 2, 500.50 +1 O7QL 36 U2/28/85 30980 LEES AUTO SUPPLY SUPPLIES 07 (lL36 .02/28/85 _ 33.42 LEES AUTO SUPPLY SUPPLIES 07GL36 U2/28/85 30.71 LEES AUTO SUPPLY _ SUPPLIES 95.43 07QL71_... _ 02/28/85 _ 19977.58 LOGIS.- _ DATA PROC 070170 02/28/85 103803 LOGIS DATA PROC 3 515.71 ulOhOS _ - Cs.2/28/$5 . . • - -- 190.51. _ .. - - ♦ .. ..- .. - iii • � Y. n .. ^ _ _ M@ SUPPLY M ..., .. w _�,.._ _ � .. A -tny - .. SUPPLIES _ Pabe b '1985 CITY OF MAPLEWOOD CHECK REbISTER CHECK N0• DATE AMOUNT _ � _ V=N00R ITEM DESCRIPTION 191.51 trrrt r 0701016 J2/28/8! 4.50 MAP'Lr -W030 P-LOG b MTG SUP PL IES 4.50 07(lMl1 02/28/85 1807 MANDO PHOTO SUPPLIES 1$•RT rt rr r 01CM59 02/28 185 3.25 MINIESOTA BLUEPRINT 3.25 + 0?m - .M94 02/28/85 695.55 M•R.SIGN 07QM94 02/28/85 342 *35 M•R.SIGN 1 9 0 37.60 ,t *fit# CIQN -30 62/28/85 53,10 NnRT4 ST 3 AUL CITY 070N30 02/28/85 1,335.41 NORTM ST DAUL CITY 1 070N80' J2/28/85 1 •1 84.; -4 N•S.'. VON80 :;.2/28/8 1 N.S.P. 07QN80 U2/28/�F5 2.40 N.S•P. C70 N23n J2/28/85 3.53 Nose 07 CC N80 ,: 2/28 /85 2.40 N•S•P• 070 N80 02/28/S5 3.53 N.S.P. 070.N80 U2/28/85 2 9 469.41 N•S•P • 070N80 02/28/85 34.88 N.S•p". 073.N80, L2/28/85 _ 104.43 N•S.0 CTON80 02/28/85 125918 N•S•P • 070N80 02 /28 /85 70050 N•S•P • 07O N80 .: 2/28 /85 166.27 N.S•P • 07).N80. :;2/28/85 75.59 N.S.P• 070.N8 (l U2/28/85 '106.5 8 N.S. • 070 R80 02/28185 75.65 N•S.P• 0 70N80 02/28/85 69193 N•S•P• 07ON30 ::2/28/85 103.62 140soP0 070N80 02/28/85 76.Q1 N•S•P. 070.N80- 02/28 /8 5 4.25 N•S. ?. 07O N80 02/28/85 4.25 N•S•P. 07j,N8Q u2/28/85 4.25 _ -_ No Se, 070N80 J2/.28/85 234.65 N•S.a • 07QN80 02/28/85 6.10 N.S•P• 07ON80 02/28/85 „ 4 N•S•P n7.QN8Q ,'x2/28/85 16•3D lye SOP • 1170N80. 02/28/85 4.25 N•S•P. SUPPLIES SIGNS SIGNS UTILITIES UTILITIES UTILITIES UTILITIES UTI LI TIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTi LI T I E S UTILITIES UTILITIES UTI LI TIE S UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTI LI.TIE S U T I L I T I E S UTILITIES UTILITIES Page 7 1985 CITY OF MAPLEWOOD CHECK REGISTER CHECK NQ. DATE _ _. .___ _.-AMOUNT - -- .__ ... _.. YE�DO� _. _ -- ITEM DESCRIPTION 074N80 02/28/85 242.19 N.SeP. UTILITIES Q70NR0 02/28/85 186.36_ N.S.P. UTILITIES MN80 42/28/85 15.10 NOS9 UTILITIES C70NFO 02/28/85 55.11 N.S9.?, UTILITIES C70N80. x2/28/85 _ ___ -- _ _._ 164 _ N UTILITIES 070N80 0:2/28/85 59.76 N.S.R-, UTILITIES C7QN8C G2/28/95 317.12 N.S. UTI LI TIE S 070N80 u2/28/85 524921 N.SoP. UTILITIES s70. N80 tj 2128 /85 160947 N.S.P. UTILITIES 070N80 v 2128 /85 8.51 N.S.P. UTI LITIE S 470, %80 .2/28 /85 13.54 UTILI TIES G70N80 x2/28/85 ?9,70 N.S.Q. UTILITIES 07QN84 X2/28/85 813617 N.S.P. UTILITIES 14 9 143.84 07QP41 'L)2/28185 25.34 PION =ER QIM SUPPLIE 25,4 070,845 w2/28/85 105. 0 PITH rY 304 SER VICES 070,P45 :;2/28/85 74.?0 PITNEY 9 0WES LEASE 179.00 � 01C.P52 u2/28/85 51.90 POLAR CHEW SUPPLIES 51 .90 07 0 P64 X2/2$/85 10.110 PRETTN R JlSEPH MSSA MTS 10.0^ t,lOPbb x2/2$/85 ion -10 PR0T. SUPPLIES 100.00 � 07DR41 u2/28/p5 6932m RIHM MOTORS REPAIRS 07CIR41 j212813 5 X81. 8 R THM MOTORS REP AIRS C70.P41 u2/28/85 389034 RIHM M OTO R S REPAIRS C7Q941 w2/28/85 5 97 - RIHM . MOTORS REPAIRS 070R41 02/2818! 376.73 RIHM MOTORS REPAIRS 1 ,134.9 6 +� J ` ` WaS15 _ 02/28/95 13.82 _ S 6 T. OFFICE __ _ SUPPLIES _ 070S05 x2/28/85 3970 S 8 T OFFICE SUPPLIES ' 07MS.05 r 0.2/28/85 38930 S 8 T OFFICE SUPPLIES 21 .95 Page ._ 8 . _ �. .�.... 1985 CITY OF MAPLEWC 10 CHECK REGISTER f I 1 CHECK N0 DATE AMOUNT V_N00 ITEM DESCRIPTION _... 4 O7�JSL+S u2/2$/85 38.00 b T OFFICE SUPPLIES SUPPLIES 070SC5 u2/28/85 28 S 9 T 3FFICE SUPPLIES 070S05 L2/28/85 48.0 S b T OFFICE SUPPLIES 070SO5 02/28/85 14.04 S b T . OFFICE SUPPLIES QICS05 u2/28/85 5n.38 S b T OFFICE SUPPLIES 070SO5 02/28/85 .70 S b T OFFICE SUPPLIES 079SO5 U2/281R5 3.57 S b T OFFICE SUPPLIES 070SO5 U2/28/85 25.76 S b T OFF *CE - SUPPLIES 070 S0.5 2/28/85 52992 S b T OFFICE SUPPLIES 070SC5 02/28/95 23.62 S b T OFFICE SUPPLIES 070S05 U2/29/85 12.16 S b T OFFICE SUPPLIES 070_S05 02/28/85 21912 S b T OFFICE SUPPLIES 0 701 SO5 u2/28/85 21.12- S b T OFFICE SUPPLIES 070 05 02/28/85 1932 S b r OFFICE SUPPLIES ^70SO5 a 2/28.1I5 21.12• S 8 T OFFICE SUPPLIES OTOS ^5 02/28/85 57.63 S b T OFFICE SUPPLIES 70Sr-l5 +02/28/85 23.62 S d T OFFICE SUPPLIES 070S05 02/28/85 95.33 S & T OFFICE SUPPLIES 070 S05 02/28t85 .70 S b T OFFICE SUPPLIES 0705 ^5 u2/28/85 3.56 S b T OFFICE SUPPLIES 07?,S05 02/28/85 47.20 S b T OFFICE SUPPLIES 561.94 t ttttt: 07GS58 02/28/85 168983 ST P4UL CITY OF MAINTENANCE 0.10,S58 U2/28/85 135.50 ST PAUL CITY OF MAINTENANCE 070,558 02/28/85 218.98 ST PAUL CITY OF MA INTENANCE 07aS58 02/28/R5 56.00 ST P CITY OF MAINTAE waS58 02/2A185 184.70 ST P4UL CITY OF MAINTLNANCE 763.31 t ttttt� 07CS67 02/28/85 163.21 ST P4UL STAMP WORKS SUPPLIES 163.21 t t *tttt 37CIS84 L-2/28/85 35onO STEFFEN SCOTT SUPPLIES 35.0 0 : :ttt.t 07QT4 2 - U2/28/85 627.60 TELE - TER MI NALS. M AI NT 07Q742 Li2/28/85 124.00 TELE - TERMINALS DATA PROC 07QT42 _ 02/28/85 29534.75 __.._ _ . TELc- TERMINALS SOFTWARE 070.T42 02/28/85 62.00 TELE•TERMI NALS DATA PROC 070 u2/28/85 29300. 10 TELE - TERMINALS SOFTWARE 5 ittttt 070.T70 02/28/85 21.85 TRIARCO ARTS CRAFTS SUPPLIES 21 .95 Pa Te 9 t = 1985 CITY OF MAPLEWOOO CHECK REGISTER C"EC K 'V0. DATE _ ... _ _.A!'IOU.NT . _�..� .: VE 11003._ _ _ ..�._._..- -.. -_ ITEM DESCRIPTION 1 070794 +32/28165 34.11 TRUCK UTILITIES MFG SUPPLIES _. 34.11 07U x2/28/85 47050 - TWIN CITY FILTER SERVICES 4 070U50 02/28/8': 30 05 UNIFORMS UNLIMITED UNIFORM ALLOW 010U59 02/28/ 33.30 UNIFORMS ONLIMITED UNIFORM ALLOW U7 ^U5fl J2/28/8! 55 UNIF0 UNLIMI TED UNI FORM ALL^ W ^70050 u2/28/85 98•g0 . _ UNIFORMS JNLIMITED UNIFJRM ALLOW 370050 02128/85 44.91 UNIFORMS UNLIMITED UNIFORM ALLOW 0 70 U5 0 02/28/85 112.45 UNIFORMS UNLIMITED UNIFORM ALLOW 374.96 07OU8 J2128/E5 6. ^1• UNIV:,RSAL MEDICAL SUPPLIES 070U86 02/28/85 158936 UNIV_RSAL MEDICAL REPAIRS ..- 164.43 t U7000 02/28/85 3 VIRTUE POINTING SUPPLIES 37.50 • 0 74W?1 w2/28/85 23.02 WARNERS TRUE VALU SU 07OW21 ^2/28/85 23.02- YARN =PS TRUE VALU SUPPLIES 070.W21 x2/28/85 23932 WARNERS TPUE VALU SUPPLIES 07QW21 02/28/85 6.98 _ WARNERS TRUE VALU SUPPLIES 07LIW21 ::2/28/85 7.75 WARNERS TRUE VALU SUPPLIES 07OW21 02/28/85 9.38 WARNERS TRUE VALU SUPPLIES 37D W21 ul2/28/85 6.55 WARN =+RS T1UE VALU SUPPLIES 4310.W21 02/28/85 7.54 WARNERS TRUE YALU SUPPLIES 'JT41�21 x2/28195 14.21 WARNERS TRUE VALU SUPPLIES O7OW21 2/28/85 18.0 iiARN TRUE VALU SUPPLIES 370.W21 :2/28/85 25.00• WARN =RS TRUE VALU SUPPLIES 07OW21 X2/28/85 6 WARNERS TRUE VALU SUPPLIES _ - - 129.12 1270W40 .2/28/85 514.77 WEBEI ELEITRIC LIGHTING 514.77 • 070W5Q.. U- 2/28/85 Z.27 W£SERoMOSETIM INC SUPPLIES . ._ .. . .... .cr' .. .'.r,i _ _ ._ .1. ..= .. .^.... r ^ _. rr. — ... • _ i. ..y - .,rf V+a+. .. ... _. .'C'— 7R.r ... ... _ . .. - ... ,- +.- = 1985 CITY OF MAPLEWOJO CHECK REGISTER .'CHECK NOo DATE _.. _.._ AMOUNT - _. VENDO? ITEM OESCRIPT:ON 4 2.27 • C7QW60 02 /2R /8 ` _ -- 149 *1 7 Wr SDO _ SUPPLIES 148.1 7 ulQ wl0 02/28/85 680.30 WINFIELD MITCHELL SERVICES 680. °30 ,r *sty: - u70W90 L2/28/85 10.49 il W GRA'INGER SUPPLIES 37 W90 02/28/85 10.49• W W sRAINGER SUPPLIES 07to' W9C u2128/85 630-8 W W �R111NGER SUPPLIES C7C.W9Q j2/28/85 10 .49 Y W GRAINGER SUPPLIES 070W9Q V2/28/85 54.21 Y W GRXINGER REPAIRS 127.7 8 f its * * +r 31,947.36 FU40 01 TOTAL. GENERAL 110001039 FUND 03 TOTAL HYD CHARGE 514.77 FUND 11 TOTAL PARK OEV EL ©P PENT 9,5.92.96 FUND 13 TOTAL C.I.P. 39091.30 FU40 44 TOTAL 84 =9 TWIN OAKS AOJITI ON 4,56406 F U40 90 TOTAL SANITARY SEWER FUND _._ 2,39202$ FUND 96 TOTAL VEHICLE b EQUIP MAINT 53,103.62 TOTAL i i f • . ... i V V 1 r � L� .l. T L 1 1. a FIIN 1 l V M CIfi Y 0� NAPLEWOOD AYR OLL- CHECKS E GI STER CYCLE 8u :'3 CHECK OATS 02� 22�85 PERIOD ENDING 02 - 5.85 PAGE 1 0E,P.T -a9_ - ...EM.PLoNO E M PLOYEIE NAME _w..... ..CNFCK -Nn ...... _AM 11UNT CLEARED ..... _� �_.._ _. .._ 0002 484369671 BEHM LL) IS N 0219 - COOOI 476.9 t ) 3 3 E.VANS ...__�_..�___ .. OAR.R�I _— ____ -.R.. 0219- �+ f292.7Z_ ___.._ _.._..�_.YQII�.- _B,EPZAGEBaWIT' V 4 4 � 0002 1+769.01 e' 0010 -4 7 3 6 b 4 4 T 4 J A..HN_ _ ._�... ... .. D A V 1 D J 0219-00003 10 4.60 47 900167 JOHNSON GREGORY R 0219 -00004 0.00. t X � 0010 3 .! ' 65 2 .._._ _SYAKS0NrJR 1. YL.E 02.1 9mwokff I __... 496 . :2T o '�I 600.87 : {" 0010 ___..001.2____ -_ 357340166 CURE LARRY 0219 -00006 183.74 t �t 0012 470 520124 DOHERTY KATHLEEN M 0219m.00007 114.85 t ) : .4..Z1#I�040 __. hIItiBC# 5...__ .._____. JQ.t!N_ 7 408.04 * : .f 0 012 X23' F 02 19 - 00009 1� 089 *�0" . 0.021 469501D7�8 FAUST DANIEL + 0021 46.9143719 MEYER. NANCY E 0219 Q 0000 t X 1 0 0021 1 1 ,1. 3 311 .�...._..#.S�N . __.._.._..- ._..._...�... AREIN._.��.._..w� ..0 9- 00011 495.64 23 0022 390444446 MA THE'YS ALANA K 0219 -00012 486.97 t �. �3s 2a � 0022 47b704432 MOELLE R MARGARET A 0219•C0113 807099 Gazz i _ .�Q _S - - A_ 0 19- 0 Q,14 28 29 0022 2 9 280.59 s 0031 471322198 AURELIUS .__.__`_....._ uCI E - 0219 0oo1 .. s � . � _ �� 842.90 t � 411 �47 U 476269815 SCHADT JEANNE ± L 219- �t;0 016 282. 9 5 t 1 4 L/0 � l__. 4 216 i�l6 _._.��i..�. _ 0 ... � 1 9 99 9 • ft 9 � 4 .� W S _ 121 i .,._.....�.._ _ .. 4 �3A X45 46 35 1 0031 1 • 251.75 • .7 37" 0033 477288389 GREEN PHYLLIS C 3219- O0+018 587.55 t '� ,,9 rH 0033 472244994 HENSLEY PATRICIA A 029 9.00C19 247.49 ; 3 s 003.3 26..620 K EI SE_ _CO.HHSE.. -- - 021 9.00020 �q�$7 F 14%2 i 003 3 468364435 YIETOR LORRA I NE S 0 21 9 -00021 440.28 t �� 4! � f '9 5 .` __ _... �..0D.3 - __. �..,... _- -... _.._........__ .._....- ....._...._._ - - _..w............ ,.- _...._ .... _.... ..1 51 6.19...'___.... _ . _...... ;�� 4 -4 44 4034 474097525 STOTTLEMY'R EDITH G 0219M00022 0.00 t X 1 i� J 0 3 4 - � 4 7 i 63 49 _468-461.71 �9LLINS KENN 021 -00023 .. .___. ... ...._. .. _ .... UU41 47736 MARTINSON CAROL F 021 9 -0'024 338.47 ��' UU41 475323183 N''LSON ROBERT 0 0219a -06025 684.39 t :;l i �-?{ _ 041 __4.7.72ZT636_.__DMATH __ _-- _ ..._.... __...__._for _.- F. 0219 - 00026....__.....- .3. 1S2 ...�..w......_� - ..�. �� 041 4 71502356 R I CHI E CAR OLE W L 021 9 -00027 371.67 t ) ° 0 70 X93 OJ41 46 602934 SVENOSEN JOANNE M W 219 C 0 C; 2 8 54003 u X 7+ �� ._.._...._ .. _ .._ ....... _.._. . _. _ _ _.._.___....._,..r..._..... _ ... ._..... _..... .. -.... . __.. _. __.. _ _ .... 2 * 4 3 8.71 r .... _... .. . _.... ._ _._._ , _ .. _ _.. -. ...... _ _ � 13041 5S [ 7 0 CITY OF MAPL:--WOCO OAYROLL- CHECKS :?EGISTER CYCLE B003 CHECK DATZ* 02-22-85 PERIOD ENDING 02-15-o85 PAGE 2 Al DEPT•NO E EMPLOYEIE NAME C CHOCK- NO C CLEARED 2 3 1 . 477481364 A ARNOLD L L 0 021 9,=00029 6 61*54 4 0 0042 4 471402115 A ATCHISON J JOHN H H 0 021 9-COC30 7 769.27 0042 4 476721577 B BANICK J JOHN 1 1 - -3 21 -00031 6 639.24 6 0 0042 4 470887418 B BERGERON J JOSEPH A A 0 021 9-G0032 5 513*99 7 0 0042 4 4?2721660 B BOHL J JOHN C C 0 0219•0033 a D DU42 4 469689867 B BOWMAN R RICK A A 0 0219-CO034 7 704*88 9 0 0042 . .468461930 D DALE K K 0 021 9.00035 8 806*74 10, O OU42 4 47644611,9 D DREGFR R RICHARD C C 0 0 21 9 -00036 8 848*43 � - - 1 0042 - -470267887 G GREEN N NORMAN L L 3 321 9.00037 7 714*93 UU42 4 469568516 H H A L W E G K Kc&-'VTN R R 0 021 9 -G0038 0042 4 4T3604916 H HERBERTV MICHAEL J J 0 021 9-40139 1 138928 0042 4 472222231 K KORTUS D DONALD V V 0 0219-00040 3 363*22 ) � 0042 4 471563591 j jLk 0 0219-40041 6 632e29 t t ) � 9042 4 47640/ R LEE ROGER W W 0 0219-130042 7 712*62 Z Z. 004*2 4 474607696 M MEEHAN9JR J JAMES E E 0 021 9mCO043 7 762o33 2 2' 0042 4 469442063 . R I CHARD''!-........, M 0 021 9 -00044 _ _ �... 350*71 _.L 0042 X X4 76 34 0990 - ' . .-- M ...MO.ESC.HTER R RAY MIND 1 1 0 0219-40045 4 414 89 t t ) ) _ 121 Ire 0 0042 4 468462864 P PELTIER W WILLIAM F F 0 0219-00046 7 711*92 j j -7 P ;21 . . MICHA L P 0 021 9wC0047 8 807*56 t t �„�� _ _ _ _ _ _ _ _j_ 122 0 ..... M 470520457 S SKALMAN D DONALD W W 0 021 -00048 2 202*13 23 0 0042 4 473548226 S STAFNE G GREGORY L L 0 0 21 9-00049 7 771 •46 3 3 ; '2 4 3 3042 4 471 721 204 S STEFcEN S SCOTT L L 0 0219-00050 3 357*87 3042 4 471500251 S STILL V VERNON T T n n21 9wC0051 721*24 3 27 _ 0042 4 STOCKTON D _... 9 9w00053 6 61 5.68 3 28 0 0042 4 .102 5 WILLIAMS D DUANE J J 0 0219-00054 6 666o40 0042 4 474260130 Z ZAPPA J JOSEPH A A 0 021 9•C0055 7 773921 130 0042 ....... 1 14 i32� ' . 14 .13 4 I 1 QQ4 - 475548434 0 191 R RONALD 0 0 0 0219mC 387*34 4 4 ; ; ' �-_ I 0043 4 469441?89 G 1 1 DAVID M M 0 021 9-a0057 5 593*15 t t ) ) 0043 4 469820466 H HEINZ S STEPHEN i i 0219•C0058 8 840*31 4 4 0043 3 3q2760009 K KARIS F FLINT 0 0 021*9�0059 1 107o75 00.43 4 473567791 M MELANDER JON A A 0 021 9-40060 8 83*10 0043 4 468363918 N NELSON C CAROL m m 0 0219wCO061 . .957*33 t 0043 7 7.1 0 43 R RAZSKA7 D DALE..-- E ^2 •00062 7 764,o24 0 t _ _1 i40' UU43 4 474466071 V VORWERK R ROBERT E E J J219-PC0063 3 302987 0043 4 469502201 Y YOUNGREN J JAMES G G 0 0219-00064 6 674*34 00 43 44 Q Q4 I M _ n 2'I 9e,00065 8 855*86 1 1 0045 8 855,o86 48, 468401899 C CAHANES A ANTHONY G G 0 0219-CO066 1 138*24 -30.46 4 50 0046 4 417627236 F FLAUGHER J JAYME L L 0 0219-00067 4 472934 5 52 10 13 1114 5 10 -0 4 6 - i M M-lJr4 ATp fw ___ U 7 0046 473807030 -- "MARTI N SHAWN m 021 9-40069 456e74 0046 472365919 - NELSON KAREN A 0219-40070 491 .15 6 CITY OF MAPLEWOOD PAYR C Hr' CKS REGI STER. C YCLE. H003 CHECK DATE' 02 -22.85 PERIOD ENDING 02 - 1 5.85 PAGE 3 DEPT -NO E MPL -41 EMPLJY:.E 44ME CrECK -NC AMOUNT CLEARED l 3046 46860 93 RABINE J L 0219-00071 474.27 i ) �t046 477 ...._.. ST AHNKE JULIE A 021 9•CO()72 374.66 ! 0046 2 9 871 .06 • 0.051 471440267 BARTA MARIE' L 0219-00073 252.33 JU51 473566872 HAIOER KENNETH G 0219•C0!774 39.22 t ) AUD i __000.0 VP 219- 40_9..? -. - 37 0051 664.89 0 t3 5 2 -4 9 6 3 Q R 314 � C A 5S WILLI C 021 9-00076 6814689 t ) «( 0052 471526.254 FREBERG RO L 0219 -CO677 678949 t ) R ONA LO i _ 0 21 -C 0078 _1 94.79 0052 471501241 KANE MTCHAEL R 0219 - 00079 51303 t ) !" 0052 468363473 KLAUSTNG HiARY F 0219 -Cu080 590.75 t � 'b 475671431...... LtJ OAVIO __. P X219 -C 1 � oC8 567.62 t ) _ .....___..._w_.. 0052 471500547 MEYER GERALD W 0219 -00082 563.33 t ) 0052 476904500 CSWALD ER ICK 0 021 900083 0.00 t X ) .5 X0-Z. t_....__.ED _A 6816675 PRETTN R_ _ _- _ .._ ._..J4S c P t4. _..8 U 219 -00084 996 _._. s.fl3 - •� 0052 472241484 REINERT ED WARD A 0219 -00085 751.72 t ) 0052 470346224 TEVLIN•JP HARRY J 0219- OOC°86 750.57 t ) f,d 1Q 5 2 __.._ . _ 4. 5 .�_lL.� _ - _LAI' '4 _ J A M.E S _ .K '' 21 9 - Q Q E� 8 7 _ _. _. 0 0 00 x - .. - - ---- - - 0052 6.288.22 i 0053 472683970 AHL•JR. RAY C 0219.00088 832.87 -- 10�9 0053 4 72.4RI O 10 EL IAS JA ME -S G 021 9- 001189 689.87 t ) f io 0 _ _ � - 167.24 610._ __ G EISS LE.R _ - WALTER.. M_ .. 9 -Q00 . 607.4b _ 0.000. ...�......_ 0053 501464671 GESSELE JAMES T 0219- 00091 781,27 t ) 0053 475441 PECK DENNIS L 021 9mOjC92 581e8? t 1 - ' GG 5.3 4 72 zu?& .._. .__3'_.B.LE..flL _. - _ - .. __ ...WIL.L I 9 4 5 4 000. __..._.�...._ - - -- - ...� --- 1 I 0053 3 + 0054 - 47368377 LOFGREN JOHN R 021 9-(IC 094 403.68 t ) , 4 3.6 0058 471562563 13 RENEIM ROGER W 0219-40095 551.47 t ) EO.SON DAV ID ... B 021 641 0058 470541590 MULW= E� GEORGE W 0 21 9 -GG 097 0.00 t X 0058 471501014 NADEAU EDWARD A 0219.00098 584.91 t ) 72Q. LV�;RN _.__.S u219- O�J099 - ._ 534!72 30.58 4 71 3 6 5 9 9 3 __NUTES_QH O W E N GERALD C L 219- co 100 599 40 .!1i J Q 5 $ 2 9 91 2.3^ 0059 476249760 MACDONALD JOHN E 0219 -00101 528,66 t ) i DENNI _.1'!...Q 21 `�- 0Q 102, 73 73 0000.. _............................. _... • j 1059 1 9 266.39 .. .. .. .. ... .. 0000._ ._.....� . _ ... _. .._ �._._..__..��._....._.... _ .. ._.. .. .. _ .. ..._ _. .. 00_00..._ ... _..__......_. CItY OF M4PLEW000. P PAYROLL - CHECKS R= GISTER C CYCLE B003 C CHECK OATS 0 02 -22 -85 PERIOD E ENDING 0 02- 15.8 PAGE 4 DrPT•NO E EMPL +NO E EMPLOY= E 4AME C CHECK- N1, A AMOUNT C CLEARED i� 0061 4 477301066 O OREN4ERs L Lots J J 0 021 9 -CO1 _ 1 100. c0061 4 46F341 993 K KRUM4EL B BARBAVA A A X X21 9- 001134 1 1 61 •82 t t ) ) 0061 4 473260389 O ODEGARO R ROBERT D D x x219 -00105 1 1 ,011 •05 PA ULINE 0219 - 00106 6 605.14 CITY OF MAPLEWOOD P PAYROLL•CHECKS I= GISTER C CYCLE 8073 C CHECK DATE 0 02 - - PERIOD E ENDING 0 02.15.85 PAGE 5 1 �._..... _ _ DEPT -NQ. E EM�L -ND E EMFL4Y E VAME _ _. C CHEv-c �C A At��Ul�t _ C C�,EARED I U _ - -- ..- _.__.�___.__.._. U063 4 469948845 F FALTEISEK J JAMES E E 0 0219 -00148 0 0000 t t x x ) ) 3 3 ! __ _ -- - -_ - �. _ __....._. - -_ - - _9063 _. �_. 4 47242.1.03.7 - _... f f ISC4ER. _ S SUSA.N ______M_ 0 021 9 -GC149 0 0 , _ _ _ ( _..x_._)__ 14 1 0 0063 4 473925557 F F011LER M MARY K K 6 6219 -00150 _ 0.00 t t x x ) ) y y "} 0 0063 4 477988735 G GALBRAITH C CHRIS 0 0219 -00151 0 0.00 ( ( X X ) ) 46.9.98362$. _ G GR M MIC.t�IA�'L _._._.. _ _.. 0 0219 -00152 ..�_.:_.. 3 3.50 0063 5 502825654 H HAMM D DEAQRA M M 0 0219 -CJ153 0 0.01 t t X X ) ) r r` 0063 4 47 H HARPER J JAMES 0 021900154 0 0.07 t t X X _.CAR 0 01 _ � �._.2 - - '.�0_ _ _.� _ _._ CITY OF MAPLEWOOD wAYROLL- CHECKS 1=GISTER CYCLE 8003 CHECK DATE 02 -22 -85 PERIOD ENDING 02 - -n85 PAGE 6 oi _ !)EPT - cMPL -NO EMPLOYtE NAME CHECK-KC AMOUNT CLEARtD z 0063 474606610 ZAHN WILLIAM A X21 00200 4.00 t X ) 3 9063 2,p 20 3,o 30 . '' R� 1064 151440509 GREW JANET M 021 9 - 00201 _ 556.44 0064 471 384624 NORSVELL JUDITH A. '021 9 -00202 261 • 15 C {v e 0064 474542163 SOUTTER CHRISTINE 0219.00203 305.62 0064 z 0071 389448993 C JUDY M � 4 219- 00 2{' � - _.._.._.. 3 63.57 _..... �t t; - _ 0071 _ ._ ._._ _ 475502485 _ _ HISKELL NANCY T .1 0219 - 00235 0000 X I ; ,+4' 0071 470540551 OLSON _ GEOFFREY Y 0219 -00206 840.14 t !. lei � _.. _ .�. _._.. . ____..._.. __ . _ ... ._..___. _ _____-- ..._._.. w.. __..._. .... _ ..._ �_..._ ........ _,. 2 0 3.71 • -- � . _ - �- .- -�.• .__._._..._ 0071 4072 47762711' 8---- THOMAS 0219- CO2!'7.._.._.605o49 ..__.... � -072 _ 475608505 ..rKSTRANO....._...........__ JOHNSON __._.....6 RANDALL L 0 21 9.40208 655.0 t ! f i otz 1 ,26 0. . '.43 ! 0073 476090677 OSTROM . MARJORIE 0219 -00209 816.75 t ! 3 . 0073 4 4 6 81„a 2 3 � n A YRENCE 0 219 -OO 2'10 _ 0.00 t X ,. .� =8 0074 �387520776 YENGER ROBERT J 0219 -00211 79.45 o t ? 00 _ _ __._... _.._ _.. _... _....._ . _.. _._. __._._ ,..5 7 9.4 5 ._..' .... ,. __ A �! ° ► COUNT of 211 GRAND TOTAL 6�4, 450.44 ; 34 0.011 4770+58098 ANDERSON NORMAN G�0219- 00212 150 0001 483621318 BASTIAN GARY Y 0219 -00213 302.09 t ) -6 1 00 1 468200109 - ..... .. .. _ ._._�._ GR EA VU .._ . -�.... _.._......_.. JOHN .. _ _ _. C �T � R 21 9-00 21 4 __ _ 294 . 24 �:3 -- l -i._ _ __.___.•_ _._. ._.___...�.�..•.__.._�___..�... _ _ 0QQ 1 472 3690 3 5 MA IBA MA R r LE E 0 219 - 00 21 S � O.001 417056134 WASILUK MICHAEL T 0219 -0021b 325.00 t ! N 000 .. 1 .._._--- ._. --____ � ------- -- - -•- -- -__... ___�. __.___ ...__.__ - - -�---- t v 373.06 * . �;z�{ • aB 8 N Q.. T 0 -_ A L . _.... _. _ ...._... _ .... _. __ .__ .._ . _. -- .- ....._....M....... _. _. 65. 3.5.0.. 4 * .. t •Yi 1 19 %55 3 _ ........ MEMORANDUM 0 � ' Act -ion by Cc - .l Endorsed Modif i erd Reec Date TO: City Manager �.. FROM: Director of Community Development SUBJECT: Final Plat -- Robert Tilsen's Maplewood Heights No. 13 DATE: March 5, 1985 Re quest Final plat approval. Comments All conditions of the preliminary plat have been met. Council approved the prel imi nary, plat with lot area and width variances on August 27, 1984, sub ject to providing 60 feet of right -of —way for Gall Avenue, Recommendation Approval of the final plat � -3 MEMORANDUM y �:.., To: Barry Evans, Ci Manager, From: Robert D. Odegard, Director of Community Service�,�_, Subj: Playground Equipment Date: March 5, 1985 The Park and Recreation Playground Committee has been reviewing recommenda tions from the Director of Community Services for additional play equipment. The Park and Recreation Commission at its February .25, 1985 meeting recom- mended that additional playground equipment be purchased and installed. It is requested - that the City Council authorize $15,000 from P.A.C. charges be placed in a playground equipment fund. MEMORANDUM TO: City Manager FROM: Assistant City Engineer _SUBJECT: McClelland Street Water Main Extension Project No. 84 -04 DATE: March 1, 1985 Attached herewith are Change Orders No. 1R -2 and No. 2 for the above— named project. It is requested that the council, authorize the change orders by passage of the attached resolution. Change Order No. 1R -2 is the result of negotiations with the contractor for work that was. necessary to remove and replace unstable subgrade material on Hudson Place so that the project could be paved. Change Order No. 2 extends the contract completion date to June 1, 1985. Sodding and final inspection are the only contract items remaining to be completed. 2 7 . / V RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS,. the city council of Maplewood, Minnesota has heretofore ordered made Improvement Project No. 84 -04 and has let a.construction contract therefor pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project No. 84 -04, Change Orders No. 1R -2 and No. 2, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city engineer is hereby authorized and directed to modify the existing contract by executing said-Change Orders No. 1R -2 and No. 2. 7 MANGEARDEB TOL TZ, KING, DUV AL L, ANDERSON AND ASSOCIATES, I N CO RPO RATE D Eng 1 veers -Arch I tects -PI anners St. Pa a 1'. M I n n 19$.1., Comm. No.1.Q..._,_ Change Order No. ,.2____ To �.�.Ro- _ tntr=t i no .� for _--mcciol +ft 01 I n EXte MW .0 for -Map You are hereby d i rected to make the fol I ow i ng ch ange to your contract dated Sep 14 , 19 . The change and the work affected thereby is subject to al I contract stipulations and covenants. This Change Order w i I I f (dam (not change) the contract sum by - - - - - - - - no a- - .- - - - - - - - nal1QQ l I ars ( $ _- _______�Q�____� . The purpose of this change order Is to extend the contract completion date to June %. 1985 Amount of Original Contract Additions approved to date. Deductions approved to date Contract amount to date Amount of this Change Order %v ised Contract Amount (Nos, �_CO 1 &2 w _� $ � ,��QO�_ ( $_�.__�.�.!_iK $...�. A.2 (Add) (Deduct) ( Not Changed) $ �______�_ TOL TZ , KING, DU V AL L , ANDERSON AND ASSOCIATES, I N CO RPO RATE D Ap pr ov a d- Cl -O MAPLEWM_ Owner $y-- -- ---------------- _____- Date B . y D. Boh per, P. E. Ap P r ov a d - B.0 - M OON TRACTINO__� Contractor B Date W WOO 4943 V 11:4 a TOL TZ , KING, DUV AL L , ANDERSON AND ASSOCIATES, INCORPORATED Eng 1 veers -Arch t tects -PI anners St. Pa u I M nn. 1E 2�_._.19$�.., Comm. No. ._BZ10 _ Change Order No. _ $2 To for�1�11��_�f_�f for __Mpl ft You are hereby d i rected to make the fol I ow i ng change to your contract dated ..._.sa Q 19 . The change and the work affected thereby Is subject to all contract stipulations and covenants. This Change Order w 1 I I t Increase) ) (rue ---e the contract sum by ELme - Au Cdr _51 Dye - nod__ - = - low - DQLIQQ .wDo 1 I ars (S .�,►� �QQ______) . The purpose of this change order Is to allow payment to the contractor for certain work necessary to remove and replace unstable subgrade material on Hudson Place. Excavate unstable material and haul from site Furnish Granular Borrow from contractor's source 713 Tons a $5.00 = Grade, place. and compact borrow TOTAL AMOUNT Amount of O r i g i n a l Contract Additions approved to date (Nos,-- Deductions approved to date (Nos.- Contract amount to date Amount of this Change Order (Add) (De d u ct) (Not Changed) Revised Contract Amount Approved..�llY_QF_'l.liQQ� Owner Date A pp r ov ed_ wBD - -ii Yii.8 .�.r__w Contractor By. ______�______.._______ Date No ch arge $3,565.00 no Arm $3,565.00 $ __QA.QQ____ $ . QAQ- TOL TZ , KING, DU V AL L , ANDERSON AND ASSOCIATES, INCORPORATED By 4<iTaD. _---_ --_ -- - - - -- Boh rer, P. E. .�f f - MEMORANDUM TO: FROM: _SUBJECT: LOCATION: -APPLICANT: OWNER: PROJECT: DATE: Act A on G tr Counci Endo: °sed. Modif Re' a ct e rI_,...�.._.__ Date City Manager Associate Planner--Johnson Pre Plat 2384 Larpenteur Avenue Ed Cave and Sons Martha R. McReynolds Cave's Lakewood Addition February 27, 1985 SUMMARY Re uest , Approval of a preliminary plat for 29 single - dwelling lots Proposal 1. Refer to page 8 for the lot and street configuration. 2. The garage and barn would be removed. 3. Construction of the homes is expected to be completed by the end of 1985. Comments Code limits a cul-de-sac to 1000 feet, unless no other alternative is possible. Lakewood Street is proposed as a temporary cul -de -sac of 1319 feet. The applicant has not been able to purchase the property to the south to connect the street with Montana Avenue. Secondly, the water pressure is inadequate in this area for fire p rotection q p to allow a dead -end line. A deadend of only 100 to 200 feet from Larpenteur Avenue could present a fire flow problem. For this reason, a water main to serve any development on this property should be looped with the existing main in Montana Avenue. The applicant has not been able to acquire the necessary easement across the property to the south. Given this situation, the applicant will be requesting council to condemn the required right -of -way and order the construction of a street and utility connection with Montana Avenue. - Recommendation r .Approval of Cave's Lakewood Addition preliminary plat, 'subject to the following conditions: 1. Arrangement must be made for a street connection, with water,sanitary sewer and storm sewer between proposed Lakewood Steet and Montana Avenue. A developer's agreement for private construction or council's ordering of the improvement must be accompli shed - pri or to application for f i n a l plat approval, Lakewood Street shall be changed to Lakewood 9 Drive, 3. Dedication of an additional ten feet of ri ht -of -wa Avenue. for , 9 y Larpenteur 4. The applicant shall enter into a developer's agreement and i4bmit a surety .-for 150 percent of the cost of required i lantings prior m rovement p sand tree p to application for a final plat. This agreement shall include- h g , but not be limited to the following requirements: a. The corners of each lot shall be established by land survey monument. b. The center line of the Lakewood Drive ve pavement shall be 30 feet from the west right -of -way line. c. The accessory structures on pro osed lots two o and four shall be removed before the improvements are accepted by the city. y 5. Final grading erosion control drainage and utility plans must be submitted to the city engineer for approval. These plans shall comply with P y the require- ments of Section 9-191(5) of the environmental protection ordinance concern- ing the preservation of the maximum number of health trees. Tr t be removed that are two inches y ees that would nc es or greater i n diameter, shall be i d e n t i f i e d on the grading plan. 7. Increase the area of lots 2 -14 Block 2 from 9,996.6 feet to at least 10,000 square feet. 8. Omit the easements for temporary turn P y areas. 2 u BACKGROUND Site "Description Gross area: 9.35 acres Net area: 7.42 acres Existing land uses: A. si ngle dwelling and two accessor o y bu,ldings Easements: Williams Pipeline Company easements ranging from H to 60 feet in width along the east property line and within the Lar ent p eu r Avenue roadway easement. Surrounding Land Uses North: Larpenteur Avenue, The Maplewood Apartments are across the street. East: A single dwelling and undeveloped planned — d w e l l i n g use. P p and zoned for single South: Undeveloped land that is planned and zoned for single g dwelling use. West: The rear yards of single dwellings h 9 g that front on Myrtle Street. ;10— .3 —_84 An administrative lot division, was approved to split i t the house ouse from the balance of the property. The split was not recorded because the entire lot was sold to Mr. Cave for his plat. P 1 a i ng 1 ;. Land Use Plan designation: RL, residential lower density 2,0 Zoning: R -1, single dwelling 3. Compliance with city code: a. Section 30 -8(3) states that cul —de —sacs, when used, shall be held to as short a distance as possible between the origin or main street and the end of the cul —de —sacs. In no case shall cul —de —sacs exceed one thousand (1,000) feet in length, unless no other alternative i s oss i bl e P . b. Section 9- 191(s) states: 1) Development shall be designed to preserve the maximum number f 0 healthy trees. This requirement shall not apply to diseased trees This requirements shall not apply to diseased trees or w here a forester certifies that thinning is needed for the overall health of a wood 1 ot; in which case, a s p e c i f i c tree remova 1 1 an =.must be y y approved b the city, P 2) If trees are cut, the density of trees shall be restored to that which existed before developemnt, but in no case shall the a li— cant be requried to raise the density PP s ty above ten (10) trees per acre,_ unless part of a required planing screen. Any trees required to be .planted shall be varied in q species, shall maximize the use of species 3 native to the area, shall not include any species under disease ' epidemic and shall be hardy under local conditions Tree ee diameters shall be at least two (2) inches, 3) The applicant shall demonstrate that all grading which l 9 9 takes place will be conducted in a manner that preserves the soot gone area - tion and stability of existing trees and provides an add uate watering q g area equal to at least one -half of each tree's crown coder. Environmental The south half of the site is wooded. The trees are art of a continuous p o tinuous woods that covers approximately forty acres of Undeveloped property, planned for residential low density use. There are no s i g n i f i c a n t s 1 opes or wet l ands on t h i s s i te. Public Works 1. Water pressure would be below acceptable limits for fire fighting, unless the water main is looped with the main in Montana Avenue, 2. Sanitary sewer is available in Larpenteur and Montana Avenues, 3. The proposed storm water pond (Lot 14, Block 1) is designed to be temporary until the storm sewer is extended to the pond to the southwest. This pond would adequately restrict the run -off from this property until a permanent storm sewer system were to be constructed..« Parks A mini -park search area is located in this vicinity (page 8 ). The director of community services is recommending that the parks commission wait until the property to the east or south of this property develops, negotiating the purchase of a site. Public Safety If the proposed street is to be longer than 1,000 feet, a street connection to Montana Avenue will be necessary to ensure timely emergency vehicle exiting from the area. Also routine police patroling on long cul -de -sacs is reduced because of the potential loss of time to respond to another area. Ramsey Count Hi hwa De artment Larpenteur Avenue right -of -way is planned to be 86 feet wide. The section ct n o ;naps show the right -of -way is presently 66 feet wide. The county is requesting an additional ten feet of right -of -way. Procedure 1. Planning commission recommendation 2. City council ' decision following a public hearing mb Attachments: 1. Location Map 3. Neighborhood Park Concept P 2. Property Line and Zoning Map 4. Prel nary Plat Proposed 4 ' R u j a F F _ .. _.� Lam. �l J R21; I F F � -' R 3 F R .. R .. �. . r' ; ♦-* i 8 1' .R F , R3 R3 I 1 •VIT J A IL F F R3 L A t+ I F M� j {R 21 . MI R . J Cr J iF (� . r N UJ) •R3 J RZ R3 R Piz) Rte ' ~ •.'' _ � � `!• CSC � ,1 A r � #: � I I I ��1E ( �C G • Q R R I , • . } , ..a AVE F E+A AVE F a � . R R / F •� I . 9 C R R - W , a � t R<<^ �R • ' • 1 H 1 R R M IA � R LOCATION MAP 5 Attachment 1 I ' - $ Maplewood Apa rtments PROPERTY LINE /ZONING MAP 6 Attachment 2 w� Q- �pNTANA '' tw 3 tK' G S � • • —quo � of _ o . I Request J .Street RI Connection � O J I: ,'Oe ■ ■ ■ ■ ■ ■�� ■ ■ ■ ■ ■■ ■■■■■■ ■■w■wM■■■■■■ ■t a 4 N 8 • larpenteur Avenue- - - ■■■■■■■■■■■■■t 2 B o j OD • 660 23'`.T _.. +► ?402 1 2416 4 ..� '� �.... Z o 3 2 A .� 1 �• .. • • I y •f = 0 0 L as ITAL + f 1644 w ' 7 '41 Or) ( 4 *,, L 1640 f•f � — 1636 1630 W. • �D16�2 f MT^• ' E. 1616 Y is ,'o s .. 1 1608 #yam •� i •. ., 4" �, 4 ❑1600 10 C ( Ab 41. mac,^ c... (D T v { 1592 L - J ��`' �b�2 • LLJ { 1580 �. •• r. .. LU ' ��//••� a �7 9 J i .. ,4 O ,"� �*� w , RJ fir► ` ( • _ .1i fu 6P ,is, ❑ 1568 j { ,' ?• LP PROPERTY LINE /ZONING MAP 6 Attachment 2 w� Q- �pNTANA '' tw 3 tK' G S � • • —quo � of _ o . I Request J .Street RI Connection � O J I: ,'Oe ■ ■ ■ ■ ■ ■�� ■ ■ ■ ■ ■■ ■■■■■■ ■■w■wM■■■■■■ ■t a 4 N t 11 @d17 O .. Future J Future MPI ' j '_ MP --- '� y—�'` i MP ) � �.' MAPLEVfMo JD " If I t for 1 N I 1 "owes come h•.w 40 1 L....w «. /N• /wN p t..� I• .1I'l•fl�N J 7 ( I AZ W ©OD ..,. t ... 3 �� r + +� row r KONLMA ,� 4. i `"' LAKE Future on i� L I ---- 2 I /I MP A� i . _ ....; ! ; Park District and Boundary 0 as 0 Q FOUR rt, • _'" f 1SEA N S not be V- d 0 w be IV too# long- 1 . , P Fu • �, .� �_' _ { r +, •., wit - Is �I ! '• y R Q�ryr1VVU 1 *.Jp% TZIAL x t t , al out Nit 401, — I 'V •t' I / � w•- • .. � . . � . J! ' _ •.• � I • ( %1 •.• i, • '1� � t . . — r r • •,, 1 . � 1 1 J r J JQ/ Q\ !1 OI ~rte I • �� ♦ 1 �" '.•..•.t.. • . -rim. • be i' I ,' I• I _ n� u�.s r= •t - . p :L It . I I , A l- ` � • I f� Ir C� I I I P- 1111 „. � _ 4 � Ii • i �+ 1.1.1 uture r* "t” MR CV ? )GOAL: 1 Park/3000 Residents and Parks • Within iz Mile of Residents ; w • Existing Neighborhood Perk and Service Radius 1 r - u e tkt Mlni - Perks ; - { ►' "'` 1 • 1► Prop Neighborhood Park end Servi 1 �� '�' •. �` • I t Po 9 Radius rn �1q1 bait 3EMMW " .. �... •«.- .. Future sites are search areas on1! � Is 1 Prepared by: h h y l U �i R evi snd: 0( �_(O_) �� a ��, t 1•'A•r 1.t•r,tt,.. � Conce �r1• � � Cr+rw1 +►,,� H c � • r•tr r<•r1 il' �"" "`"'`° �"' s �"" '�''• "" October 1980 w � r • "Pe- � e w 1 w.+e.. PRELIMINAR PLAT 8 Attachment 4 4 F ED CAVE& S INC. ._ GENERAL CONTRACTORS 2301 WOODBRIDGE ST. - SUITE 202 ROSEVILLE, MINNESOTA 55113 SAM CAVE, PRESIDENT .Action by Council • DANIEL M. O'BRIEN VICE PRESIDENT February 28, 1985 Ken Haider City of Maplewood 1902. East Co. Rd. B Maplewood, Mn 55109 Dear Mr. Haider, Endorse Y1 o d f1C a�e CAVE NEW HOMES LAND DEVELOPMENT RENOVATION COMMERCIAL 482 -9667 After recent conversations with you, the Planning Department and the Public Safety Department concerning he development o g p f my 9 acre parcel to be called Caves Lakewood Addition, it is app arent that in order to obtain p City approval of my plat, that Lakewood Drive must be connected to Montana St. Unfortunately, I do not own the small piece of land that separates the two streets. I, therefore, request that the City acquire the right-of-way Y q a and construct the utilities that the City requires. Sincerely Yours, Ed Cave Sons, Inc. Samuel S. Cave, Its President MEMORANDUM. TO: City Manager FROM: Associate Planner -- Johnson SUBJECT: Partial Easement Vacation LOCATION: 1249 Dennis Street APPLICANT: Ed Cave and Sons and Daniel A. McGrane OWNER: Daniel A. McGrane DATE: February 28, 1985 F-� Action by �', �.i :o �.: E • P End.ors ed,._ ____ Modify cl�._..._._._ Rejec;te d__ Date SUMMARY Request Vacate a portion of a storm sewer easement. Reason for the Request The dwelling at 1249 Dennis was mistakenly onstructed on the city's storm s Y y ewer easement. The property owner's insurance company will not certify clear title to the property until this problem is resolved. Comments If the storm sewer is relocated to be eight feet south of the north property line, adequate area will be available to maintain the i e P P . without damaging the dwelling. If the.pipe is relocated there would be no need to retain the part of the easement proposed for vacation. Recommendation Approve the enclosed resolution (page 6) to . vacate that art P • of the sto rm sewer and utility easement. at 1249 Dennis Street that is south of the north 17.75 feet, on the basis that adequate maintenance access will be available if the storm sewer is relocated.as required, The vacation resolution shall not be recorded with Ramsey ount until Y Y the storm sewer is relocated in a manner acceptable to the city engineer, to be parallel with and eight feet south of the north property line of 1249 Dennis Street or.a developer's agreement with the required surety is entered into. BACKGROUND Description of the Easement See the certificate of survey on page 5. Surrounding Land Uses North: an undeveloped single dwelling lot East. a single dwelling and an undeveloped single dwelling lot fronting on Dennis Street South: the dwelling and yard area for 1249 Dennis Street West: two quad properties . Planning 1. Land use plan designation: RM, residential medium density 2. Zoning: planned unit development 3. Compliance with land use laws: Section 412.851 of State Statutes allows a city to vacate any interest in property when the council makes a finding that "it appears to be in the public interest to do s o l' 40 Building permit: The dwelling was constructed farther'to the north than shown in the approved site plan. 1. Planning commission recommendation 24P City council decision following a public hearing jW Attachments 10 Location Map 29 Property Line and Zoning Map 3. Certificate of Survey 4. Resolution 2 i .s r' J J . J J 4� y J � C �.rP! t J r i • LOCATION M 3 Attachment 1 4 N ROLLING HILLS ~� ■ Mobile Home Park 1 •il ' ` r 7 f '• • . FFF •_�_ - tea_ _ ! —� / _ i 3 r j f afl 12 t 9 Iwo t r Li r ' 127 ,n; 6 .S _ 2 42') 0 - 10 Z3 i 2 C' - ' 4 1S l�..� -.. 12 3 .t X 1 =fi= l , 2-2- -- _ — - ±� --� - 3 T6 Z 3 7 Q 21 4 : 4 11 - 2^ m Cr , t5 Cr uj 1 420 LL ►` - 2 : j - 12 3 5 -�. J , � � . 3 • t ,., l` 9 �`, '' . i .. LC t e INS 0"00 MIS. At 1C 2 3 �• �� ♦ L t om' d r 36 , .� 5 r T f C uT 10 T s xt •• .: A 1 t 1 r T r+ rrt 3 ' R 3 1134_ 7 7 38 3 01, low, 12 '3 I •� -.. N ��, 9 'C II �: 8•:. Ja ?� a:- '9 8u 7'•d� 1:35 E?5 ,> t l or IL I 2e31.4 PROPERTY LINE /ZONING 4 MAP Attachment 2 4 N CERTIFICATE OF for Ed. Cave b Sons, Inc. I !!�, 0 2 ° o /PS OB Aax/ /2.508 Eas Lot 5, Block 1 CAVES CENTURY 4th ADDITION P.amsey County, Minnesota Gp X0 9 P 1 y � Iwo Io I Q I n � I /Q I N Scale :• 1" =20' o Denotes Iron Bearings Are Assumed MMMUMMA We hereby certify that this is a true and correct representation of a survey of . KMWEST the boundaries of the above desc tend and of the location of all buitdirKo, if any, thereort and all visible encroachments 'if any, from or on said land. SURVEYORS, INC. As ltxw this /6' l�V Cky of. XA140 7801 Sunnyside Road Hwy. 20 ",, s"i,. rw Min Reo. trio. inn a apolia * Minnesota 55462 Job No. 10C - ,� � _ Tel (612) 7S$ -690'9 t t a c h me n t 3 5 SURVEY a Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of , 1985 a at 7 p.m. The following members were present: The following members were absent: WHEREAS, Ed Cave and Sons, Inc. and Daniel A. McGrane initiated proceedings to vacate the public interest in the following described real property: That part of.lot 5, block 1, Cave's Century 4th Addition, lying west of the east ten feet thereof, lying east of the west ten feet thereof and lying south of the north 17.75 feet. WHEREAS, the procedural history of this vacation is as follows: 10 This vacation was initiated by Ed Cave and Sons, Inc. and Daniel A. McGrane on January 22, 1985; 2. A majority of the owners of property abutting - said storm sewer and utility easement have signed a petition for this vacation; 3. This vacation was reviewed by the planning commission on -h March 4, 1985. The planning commission recommended to the city council that this vacation be 4. The city council held a public hearing on , 1985 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written.statements. The council. also considered reports and recommendations of the city staff and planning commission. WHEREAS, upon vacation of the above described storm sewer and utility easement, public interest in the property will accrue to the following described abutting property: Lot five, block one, Cave's Century 4th Addition NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above- described vacation on the basis that adequate maintenance access will be available if the storm sewer is relocated as required. This vacation shall not be recorded with Ramsey County until the storm sewer is relocated in a manner acceptable to the city engineer, to be parallel with and eight feet south of the north property line of 1249 Dennis Street or a developer's agreement with the requires surety is entered into. - 6 attachment four ti a Adopted this day of 11 .1985* - Seconded by Ayes -- STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS. ) CITY OF 14APLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of the'City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of City of Maplewood, held on the day of 1985, with the original on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to vacation of this storm sewer and utility easement. Witness my hand as such clerk and the corporate seal of the city this day of , 1985. City Clerk City of Maplewood, Minnesota 7 MEMORANDUM TO: City Manager FROM: Thomas Ekstrand -- Associate Planner SUBJECT: Plan Amendment - -RL to LSC Zone Change - -BC to NC and R -3 LOCATION 1915 -1925 Arcade Street APPLICANT: City of Maplewood OWNERS: D and G Auto Repair and Alexander Minich DATE: January 29, 1985 . SUMMARY Request Iq .01. / �eL Da �e 1. Amend the land use plan designation for D and G Auto Repair at the northwest corner of Roselawn Avenue and Highway 61 from RL, low density residential to LSC, limited service commercial. 20 Rezone the D and G Auto Repair s "ite from BC, business commercial to NC, neighborhood commercial. 3. Rezone the portion of the Bellwood apartments site, south of Roselawn Avenue, that is zoned BC to R -3, multiple dwelling. residential Reason for the Request These properties are being reviewed as part of the city -wide downzoning program, The north half of the Bellwood apartments site is incorrectly zoned. R -3 zoning of this site ,would comply with the land use designation of RH, high density residential. The . present BC zoning of the D and G Auto Repair site permits uses that are incompatible with the residential location of this site. These permitted uses include gas stations, car washes and retail uses that rely on higher volumes of automobile traffic and businesses with the potential for the outdoor storage of cars. Rezoning this property to NC would allow ' a wide variety of uses (see page 8) which would be compatible with the residential setting. The existing use, however, would become a nonconforming use and could not be expanded without a conditional use permit. The business could be sold for the same use, but any change in use would have to conform to the NC zoning. Recommendation ' 1. Adoption of the resolution on page 9 approving a plan amendment from RL to LSC for the D and G Auto Repair site at the northwest corner of Roselawn Avenue and Highway 61. Approval is on the basis that the LSC designation wound be compatible with the neighborhood commercial zone sought for this corner and would be compatible with the adjacent residential development, 2 . Adoption of the resolution on page 10 approving a zone change from •' BC to NC for the D and G Auto Repair at the northwest corner of Roselawn Avenue and Highway 61. 3. Adoption of the resolution on page 12 approving a zone change from BC to R -3 f or the Bellwood apartments s i t e at the southwest corner of Roselawn Avenue and Highway 61. BACKGROUND Site Description 1. Site size: D and G Auto Repair - -4,950 square feet Apartment site (BC zone only) -- 18,070 square feet 2. Existing land use: D and G Auto Service and the Bellwood apartments (27units) Surrounding Land Uses (D and G site) Northerly and westerly: single dwellings Easterly: Arcade Street and Highway 61 Southerly: Roselawn Avenue Surrounding Land Uses (Apartment site) Southerly and westerly single dwellings Easterly: Arcade Street and Highway 61 Northerly: Roselawn Avenue Past Actions 9- 12 -83: Council rezoned the Maplewood Plumbing site (1690 English Street) , from BC to NC. 2- 13 -84: Council rezoned the Forest Products Supply sit "e (1915 Castle Avenue) from BC to NC. PLANNING CONSIDERATIONS 1. Land use plan designation: Existing - -RH (apartment site) and RL (D and G site), Proposed - -LSC (D and G site), 2. LSC classification refers to commercial facilities on a neighbor- hood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc. would be prohibited, while other land uses of a medium intensity nature would be prohibited subject to meeting certain performance standards. 3. Zoning: Existing - -BC, proposed - -NC (D and G site) and R -3 (apartment site) . 4. Section 36 -485 requires four findings for the approval of a zone change. Refer to findings one through four in the resolution on pages 10 & J for these findings, Drr%r•ea» ro Plan amendment: 1. Public hearing by the planning commission 2. Decision by the city council 3 Zone change: 1. Review by the planning commission 2. Public hearing and decision by the city council. mb Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Parkside Neighborhood Land Use Plan 4. NC district 5. Resolution - -plan amendment 6. Resolution- -zone change 7. Resolution- -zone change ;h 4 .z J „. ,♦ 1 t P,; J J� J F Mi ' R �• F F :.r R y . • MI w R l R BC F R --' MI M� MI ( M F \, ^j M i , F MI __J •_ t —.- -- R E F _ R R ,. R 24 4 ( 7 1 . / / �� I Po JLBr • _I F F �' . • .• 1 Co- R AVE J , R - - BC • E T / L'� F F R, R , t r F R ' R3 R ' R I C R .r a R i&q l ow --._ J. lR3 R-S F R �i NC� C/ r r OF 5T PAUL C T Y OF LOCATION MAP 0 Attachment One 5 4 N " 9 LA_ - - -Y r` 1 J • I • ' v I r � 9 M O � `' �--- -J bA — -- — — U -- --- . . _ , r 4 , I r�• .• „ WL -A r-% v L_ Iso�.►S "' lb2 T., T 1 544 1 bb T� I W T 4 40 3 ►L i 11 j �` J o12 1 3 14 ( 15 Ifr� 17 1 I 20 5 _ o 5 o ;BED WO0D o (� 1 0, at L o < 7 Q b AIL Co 9 f r ! r Q 1A sD S _ 14 LL) 1 2 w �f r D &G Auto Repair 'I )artments 7 i (C i . �Z PROPERTY LINE /ZONING MAP Area to be rezoned 6 Attachment Two 4 N Iry I MLA— F� 1, i �o � Willll e - � ♦e W .!►�.�� L� a .-. � ►•� aw if a J _ s� s � ■ ._i IL =aea • Sm via s ' a LSC cu r C� T MM A". Parkside 3ORHnnD LAND 11.9F PI C DIVISION 5.5. NC NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 36 -126. Intent. The intent of this district is to preserve land for the use of businesses that are compatible with adjacent residential land uses. Uses are limited to oflices and smaller retail uses that cater to convenience shopping. Pedestrian and bicycle access are to be emphasized. (Ord. No. 539, 1, 4- 11 -83) Sec. 36 -127. Permitted uses. Any. of the following uses provided that the floor area of all buildings in any one NC zone shall not exceed three thousand (3,000) square feet: (1) Bakery or candy shop for the production of goods sold on the premises. (2) Beauty parlor or barber shop. (3) Dry cleaner or laundromat. All odors must be controlled so as not to be noticeable to adjacent residents. (4) Office or medical and dental clinics. (5) Repair shop, except for motorized vehicles. No work shall be performed outside of the building. (6) Drug, hardware or grocery store. (7) Studio. r (8) Tailor or dressmaker shop. (9) Veterinary or grooming clinic where there are not outside kennels or storage. (Ord. No. 539, § 1, 4- 11-83) Sec. 36 -128. Accessory uses. [Accessory uses within an NC Neighborhood Commercial Dis- trict are as follows:] (1) Off-street parking. . (2) Signs, in accordance with the sign ordinance. (Ord. No. 539, § 1 9 4- 11 -83) Sec. 36 -129. Conditional uses (requires council approval). Any of the following uses provided that the floor area of all buildings in any one NC zone shall not exceed eight thousand (8,000) square feet: (1) Any permitted use listed in section 36 -127. (2) Club, lodge or hall. (3) Private school, daycare center or community service use. (4) Taxi stand or bus stop. (5) Restaurant where there are no drive -up order windows or serving of food to patrons in their automobiles. All cooking 'odors must be controlled so as not to be noticeable to adja- cent residents. (6) Similar tkses to those listed in this section. (Ord. No. 539, 1, 4- 11-83) 8 Attach-lent Four WHEREAS, the City of Maplewood initiated an amendment to the :Maplewood comprehensive plan from RL, low density res idnet i al to LSC, limited service commercial for the following- described property: Subject to avenues and streets the E 99 feet of the S 120 feet of the NE 1/4 of Section 17, Township 29, Range 22. This property is more commonly described as 1925 Arcade Street; WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan.amendment was initiated by the City of Maplewood. 2. The Maplewood Planning Commission held a public hearing on February 4, 1985 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The planning commission recommended to the city council that said plan amendment be approved, 3. The Maplewood C i t y Council considered said plan amendment on 198 . The council considered reports and recommendations from the planning commission and city staff. l NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that - the above- described plan amendment be approved on the basis that the LSC designation would be compatible with the neighborhood commercial .zone sought for this corner and would be compatible with the adjacent residential development, Adopted this day of , 198 . Seconded by Ayes -- 9 Attachment Five 1 Pursuant to due call and notice thereof, a regular meeting of the city council of the City of Maplewood, Minnesota was duly called and :held in the council chambers in said city on the day of 1985 at 7 p.m. 'The following members were present: The following members were absent: WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to NC, neighborhood commercial for the following - .d .e.s c r i b ed property: Subject to, avenues and streets the . E 99 feet of the S 120 feet of t - he .NE 1/4 of Section 17, Township 29, Range 220 This property is also known as 1925 Arcade Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the city of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances 2. This rezoning was reviewed by the Maplewood Planning Commission on February 4, 1985. The planning commission recommended to the city council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on 1985 . to consider this rezoning. Notice thereof was published and 'mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. .NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following :findings of fact: I. The proposed change is consistent with the spirit, purpose -and intent of the zoning . code . 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare, 10 Attachment Six 4 . The , proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. :Adopted this day of , 19 . .Seconded by Ayes- - STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPL EWOOD ) I., the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood held on the day of 1985 with the original on file in my office, and the same is a full,. true and complete transcript therefrom insofar as the same relates to this rezoning. Witness my hand as such clerk and the corporate seal of the city this day of , 1985. City Clerk City of Maplewood 11 Pursuant to due call and notice thereof, a regular meeting of the city council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of 1985 at 7 p.m. The following members were present: The following members were absent: WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to R -3,, multiple dwelling residential for the following- described property: Subject to Roads, the N 103 feet of the E 188.5 feet of the SE 1/4 of Section 17, Township 29, Range 22 and Lot 1, Block 1, Parkside, Ramsey County, Minnesota. This property is also known as 1915 Arcade Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. ; 20 This rezoning was reviewed by the Maplewood Planning Commission on February 4, 1985. The planning commission recommended to the city council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on 1985 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code, 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 12 Attachment Seven 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Adopted this :day of , 1985* Seconded by Ayes- - STATE of MINNESOTA ) COUNTY OF RAMSEY ) s S . _ CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and. appointed clerk of the City of Maplewood, Minnesota, do .hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood held on the day of 1985 with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to this rezoning. Witness my hand as such clerk and the corporate seal of the city this day of , 1985 City Clerk City of Maplewood. a 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAPELWOOD CITY COUNCIL that the above—described rezoning: be approved on the basis of the following findings of f act: 1. The P g t posed cha is consistent with the spirit, purpose and intent of the z i ng code. 2. The proposed ange will, mot substantially i njure or detract from the use of neighboring per or from the character of the neighborhood, and that the use of the pr rty adjacent to the area included in the proposed change or plan i a uately safeguarded. ' 3. The property,tTwner agrees'svi th the rezoning. 4. The propo �d change will serve the best interests and conveniences of the communit,�where applicable and t public welfare. 5. Th proposed change would have no neg tive effect upon the logical, of f i c i en and economical cal extension of publ s v i ces and f a c i l i t i e s , such as public water, sewers, police. and fire pro ction and schools. Com i ssi oner Si gmund i k seconded Ayes Commissioners B rett, Ell of son, Fischer, He j ny, Si gmund i k, S1 etten, W . tcomb B. Plan Amendment and Rezonings: 195 -25 Arcade Secretary Olson read the notice of hearing The proposal is to amend the lend use plan designation for D and G Auto Repair at %he northwest corner of Rosel awn Avenue and Highway 61 (Arcade Street) from RL, low density residential to LSC, limited service commercial and also rezone from BC to NC, neighborhood commercial. It is also proposed to rezone the portion of _the Bellwood apartment site, south of Rosel awn Avenue, that is zoned . BC to R -3, multiple dwelling. Chairman Fischer asked if there was anyone present who wished to comment on the proposal. Mr. Minich, 1915 Arcade, questioned if the down zoning would, affect his taxes. He also requested that the property at 800 Roselawn and the balance of the block be rezoned to R -3. They wish to construct garages for-the apartments as they do not have enough of them. Secretary Olson said the council had directed the down zoning for just these specific lots. He suggested Mr. Minich submit an application for rezoning. The density in the R -3 area is high right now. Mrs. Lafond, 782 Rosel awn, revi ewed the history of the zoning of the apartment site.. She is not in favor of zoning the property for R -3. , She wishes the neighborhood to stay as it is Gar y McCusky, D and G Auto Repair, questioned if he would be able to sell gas at the site. * S ecreta ry y r Olson said Mr. McCusk could do whatever he is doing now, if the use would be stopped for over a year the NC uses would only be permitted. Council would have to approve any expansion of the use. Chairman Fischer closed the public hearing portion of the meeting. } Commissioner Whitcomb moved the planing commsision recommend approval of the plan amendment from RL to LSC for the D and G Auto Repair and the city council adopt the following resolution: NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - describe dplan amendment be approved on the basis that the LSC - designation would be compatible with the neighborhood comemrci al gone southt for this corner and would be compatible with the adjacent residential development. Also the planning commission recommends approval of the zone change from BC to NC for the D and G Auto Repair and. the council adopt the following resolution: NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use neighboring - property or..f rom the character of the neighborhood; and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 36 The proposed change will serve the best interests and conveniences of the community, where applicable and the public wel fare. 4. The proposed -change would have no negative effect upon the logica l of f i c i ent, and economical. extension of public services and f a c i l i t i e s , such as P ubl i c water, sewers, police and fire protection and schools. The pl anni -ng -commission further recommends -. approval of .a zone change from BC to R-3-for the-Bellwood apartments and approval of -the following resolution: NOW THEREFORE, BE IT RESOLVED BY THE MAPELWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent-of the zoning code. 2. The proposed change. will not substantially injure or detract from the use of nei ghborhi ng property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community where applicable and the public wel f are. 4. The proposed change would have no negative effect upon the logical.. efficient, and economical extension of public services and f a c i l i t i e s , ' such as public water, sewers, police and fire protection and schools. Commissioner E l l of son seconded Ayes- -Commi ss i oners Barrett. El lef son, Fischer, He jny, Si gmundi k, S1 ette.n, Whitcomb MEMORANDUM t� TO: Ci Manager f� FROM: Thomas Ekstrand-- Associate Planner >. = SUBJECT: Plan Amendment (SC -LSC) and zone Change (BC -NC) LOCATION: McKnight Road and Larpenteur Avenue APPLICANT: Ci of Maplewood OWNERS:. Robert Berglund, Perry Shortridge, Royal L.onghenry, James and Suzanne Weyer, Maplewood Corner, IncI ction January 3B 1985 by DATE: y , SUMMARY v, -+s .ter . •.w.. Request Dam 10 Amend the Land Use Plan from SC, service commercial to LSC, ~ � limited service commercial for those areas shown on the map on page 6 2. Rezone the 7 -11 superette site from BC, business commercial to NC, neighborhood commercial. Reasons for the Request The 7 -11 site is being studied as part of the city -wide downzoning program. Though the existing BC zoning and SC land use designation are compatible with each other, they both are too intense for this area. They allow the potential for land uses which would not be compatible with the neighborhood. Comments "I The redesignation of the SC areas to LSC would limit the future commercial development in this area to u.ses compatible with neighborhood surroundings, The downzoning of the 7 -11 site to NC creates a problem for the center, in that the video rental and print shop would become nonconforming uses. Staff is, therefore, proposing a change in the zoning code which would allow uses such as these if the city council finds that they would be compatible with the neighborhood and the intent of the NC ordinance. The owner of the center is agreeable to this. . Recommendation - 1. Adoption of the resolution on page 8 amending . the Land Use Plan designation from SC to LSC based on the finding that the LSC designation would be more compatible with the adjacent neighborhood development and residential land use classifications. 2. Adoption of the resolution on page 9 rezoning the property at the northwest corner of McKnight Road and Larpenteur Avenue from . BC to NC based on the findings listed in the resolution. a Site Description 1. Site size: .73 acres BACKGROUND 2. Existing land uses.: West of McKnight Road- -7 -11, Video King, Darrell's Hair Design, Freddie's Sweet Shop, Suburban Printing, Giuseppe's. Pizza, single dwelling and offices. East of McKnight Road- -undeveloped Surround ing_LandUse (West of McKnight Road) Northerly and westerly: single dwellings Easterly: McKnight Road Southerly: Larpenteur Avenue Surrounding Land Uses (East of McKnight Road) Northerly: Maple Woods Town Homes Southerly: Larpenteur Avenue Easterly: Maple Woods Apartments Westerly: McKnight Road Past Actions 5- 15 -69: The "Maple Woods" planned unit development was approved. The northeast corner of McKnight Road and Larpenteur Avenue was tentatively planned for a small neighborhood commercial center. 10 -3 -74: Council approved building design and site plans for the 7 -11 store. 7 -6 -78: Council rezoned the office site north. of the 7 -11 from R -1, single dwelling residential to LBC, limited business commercial. 8- 21 -80: Council denied a request for a special exception for a game room facility at the 7 -11 building. PLANNING CONSIDERATIONS 1. Land Use Plan des present - -SC proposed -- LSC 2.. THe LSC classification refers to commercial facilities on a neighborhood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc. would be prohibited, while other land uses of a medium intensity nature would be permitted subject to meeting certain performance standards. 2 r 30 Zoning: BC - -7 -11 site; R -1, single dwelling residential- - 1695 McKnight. Road; LBC - -off ice bui ld.ing on McKnight Road; and F, farm residential—Maple Woods PUD. 4. m Refer to page 7 for a listing of the uses peritted in the NC district. 5. Section 36 -485 requires four findings to be made for the approval of a zone change. Refer to the findings one through four in the resolution on page 9. Citizen Comments Staff surveyed the surrounding land owners. of the five replies, one wanted no change, one wanted the 7 -11 site changed to residential and three want to rezone all the surrounding land around the 7 -11 site to commercial. Procedure 19 Plan amendment a. Planning commission recommendation following a public hearing b. City council decision 2. Rezoning a. Planning commission recommendation b. City council decision following a public hearing jw Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Hillside Neighborhood Land Use Plan 4. NC Uses 5. Resolution (plan amendment) 6. Resolution ( zone change) 7. Letter 3 .. - r mW 70C Mid Ll IFF A ;h LOCATION MAP a i i i V J J C Z ' J Attachment 1 C „4 IL 1;7 Aj ._ 1 �L - • � ._ � {x.53• • a - ' p' _ l G 1� 43 --1 D -- - - -- % •of � _- rye •. �+ U •. _ ,Vol <) 12 Li 15 . %t 1.'S 3 orc . C o O �� O �1 L n �'S ono t• � 1�1 10 I y V �L p �� -� V t� �• lv 1 jl FoR vtitT O �•• — S t [ • 1► •• _ Cu 0 ' •16 AS .c � cc .; In f 53 l 7 i (29 (39 �! _ (3 3 y: A l ` c t• I•�' - � Alf ��. 3 !, s -� sc, �z , -166 R-1 (3Z I s7c Iv. 3t p! i logo I � c 0 11 Z35 3Z- Of f ices C au .43 X10 r I 695 cJ 1 32 r+'f� •: " 6 2219 .2 224 G 235 • 2 . ' S.21 ,� I OD 3 06 _i 7.11 on 1 ST. PAUL golf course Ri - PROPERTY LINE /ZONING MAP ?? Area to be rezoned to NC N � Attachment 2 r ago.. Iilliil i0Y M � I111IIIIIIIIf1 Ul111111111lII r Illillll�lll�ll IMN1NN11111 rr /�I�NIi111l�Ntt - 011111 - 1 11 � HillM - s ,l_ �llTill � r � - _,,... � � �� i1 � 1' �, • J -- � . _ ..ter ._•__....._ ' � !''� 11t Ilij i� i 1111!1 ' 1 ' ..116111111! Illlitt/ • • NNW OMEN! 4 �t i111i1 �It i Illltit t . • rrrr• 1 r 1 i Hillside NE1G11B0 L USE PLAtl E3 Ar ea t b e a t o LSC Attachment 3 6 1 36-126 ' MAPLEWOOD CODE DIVISION 5.5. NC NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 36-126. Intent.. . • The .intent of this district is to preserve land for the use of businesses that are. compatible with adjacent residential land uses. Uses are limited to offices and smaller retail uses that cater to convenience. shopping. Pedestrian and bicycle access are to be - emphasized. . Sec. 36 -127. Permitted uses. Any of the following uses provided. that the floor area of all buildings m any one NC zone shall not exceed three thousand (3,000) square feet: (1) Bakery or candy shop for the production of goods sold on the premises. (2) Beauty parlor or barber sbop. • • (3) Dry or laundr All odors mu be con trolled so . Dry _ _ _ . _ i as not to be noticeable to adjacent resents. 1 (4) Office or medical and dental clinks. • - (5) P Repair sho , except for motorized vehicles. No work shall P be performed outside of the building: (6) Drug, hardware or grocery store. (7) St u dio. :�► (8) Tailor or dressmaker shop. (9) Veterinary or grooming clinic where there are not outside kennels or storage. • Sec. 36 -129. Conditional uses (requires council approval). Any of the following uses provided that the floor area of all • buildings in any one NC zone shall not exceed eight thousand (8,000) square feet: (1) AII ypermitted use listed in section 36 -127. - (2) Club, lodge or hall. (3) Private school, daycare center or community service use. (4) Tau stand or bus stop. (5) Restaurant where there are no drive -up order windows or serving of food to patrons in their automobiles. All cooking • odors must be controlled so as not to be noticeable to adja- cent residents. '(6) Similar uses to those listed in this section. w RESOLUTION N0. WHEREAS, the City of Maplewood initiated an amendment to the Maplewood comprehensive plan from SC, service commercial to LSC, limited service commercial for the following- described property: The property in the northwesterly and the northeasterly corners of the Larpenteur Avenue and McKnight Road intersection. This property is more commonly described as 2251 Larpent.eur Avenue, 1695 and 1709 McKnight Road and the northeasterly corner of McKnight Road and Larpenteur Avenue. WHEREAS,, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. 2e The Maplewood Planning Commission held a public. hearing on February 4, 1985 to consider this. plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The. planning commission recommended to the city council that said plan amendment be approved, 3. The Maplewood City Council considered said plan amendment on. 1985. The council considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that .the above - described plan amendment be approved on the basis of the following finding of fact: 1. The LSC designation would be more compatible with the adjacent neighborhood development and residential land use classifi- cation. Adopted this day of , 19859 Seconded by Ayes-- 8 Attachment 5 Pursuant to due call and notice thereof, a regular meeting of the city council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of 1985 at 7 p.m. The following members were present: The following members were absent: WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to NC, neighborhood commercial for the following - described property: Unplatted lands subject to County Road A and McKnight Road, the South 176 feet of the East - 247 5/10 f t, of the Southeast 1/4 of Section 14, Township 29, Range 22 This property is also known as 2251 Larpenteur Avenue East, Maplewood; - WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on February 4, 1985. The planning commission recommended to the city council that said rezoning be 3. The Maplewood City Council held - a public hearing on 1985 to consider this zezoning. Notice thereof was published and mailed pursuant to law. . All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from . the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best-interests and conveniences of. the community, where applicable and the public welfare. 9 Attachment 6' 4 . The proposed change would have no negative effect upon the logical, efficient, and economical extension of P ublic services and facilities, such as public water, sewers, police and fire protection and schools. -Adopted this day o f , 19850 .Seconded by Ayes-- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS . ) CITY of MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood held on the da y of 1985 with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the. same relates to this rezoning.. Witness my hand as such clerk and the corporate seal of the city this day of 1985 P y , . 11 P City Clerk City of Maplewood. 10 WEVEFR P'ROP'EF:tT I ES 8991 Jane Road NO* r t h Lake Elmo, MN 55042 Phone: 612 -770 -8991 To: Maplewood City Council & Pl anni ng C ssi on From: Jim Weyer Date: February 4, 1985 Subject: Rezoning of McKnight and Larpenteur Avenue On Monday, January 28, 1985, I spoke to Tom Ekstrand, Ass.i stant Planning Director and Jeff Olson, Planning Director, regarding my concern about the newly proposed changes in the zoning ordinances, The reason for my interest in this zoning change is that I purchased the small shopping center on the northwest intersection of McKnight and Larpenteur Avenue in February, 1984. This memo is to express these concerns to you so you may take appropriate actions to correct the same. I am in total agreement of the intent of the proposed zoning ordinances, that is "The intent of this district is-to preserve land for . the use of businesses that are compatible with adjacent residential land uses." It is important to me thit my neighbors are pleased with the businesses there since they are the customers of the people that lease space from me. Consequently, my livelihood ultimately depends on good relations with the surrounding community. However, the parts of the ordinance that I differ with are the "per - mitted'use ".and the "conditional uses." According to the proposed ordinance, the current Shop and Video Store would no longer be allowed either as a permitted or conditional use. I real i ze that they could be grandfathered in, however, that would pose a severe financial hardship on me in the event one of those tenants should decide to move, since it would mean I could not replace those businesses with a similar tenant. Since currently one third of the existing business would not be all owed, .this would drastically hamper my ability to lease those spaces because this ordinance would effectively allow me to lease to only two thirds of my potential market. Jeff Olson explained to me that if those businesses were grandfathered in, I would have one year to lea—se the space to a similar business. This is totally unacceptable since many times commercial property remains vacant for more than a year due to business cycles and other variables outside of my control. I'm sure you will agree with me that both the Print Shop and Video Store currently are an asset to the neighboring community. I also believe that it meets the intent of the proposed ordinance, that is "compatible with the adjacent residential land uses." Neither of these - businesses 11 attachment seven 6) Maplewood City Council & Planning Commission Page 2 February 4, 1985 roduces an obnoxious noises, odors or visual objections. Under the P y - proposed zoning ordinance these busi nesses wou.l d not be allowed to serve the community! This could eventually result in extended vacancies. Vacancies make the neighborhood Took unattractive, do not serve the comm.uni y t with vital services, and. make it difficult or impossible for the owner of the shopping center to pay his taxes, Incidentally, t.hose taxes last year amounted to over $13,000.00 on that one piece of property! In -order to prevent the foregoing di Tema, I am proposing to you 1) change the permitted uses to include Video and Electronic Sales and Rental Stores, plus Printing and Publishing Establishments and 2) change the conditional uses to include any other establishments that meet the intent of the zoning ordinance by being compatible with the adjacent residential land uses. The reason for the first change is to make the ordinance more re cl osel reflect what has been demonstrated by the existing bus i nesses to be a good fit with the neighborhood. The reason for the second change is not to exclude any other businesses in the future which could be of benefit to the neighborhood, tax payers, and tax benefi tors . Obviously, the Council* would still reserve the right to review those conditional uses on _an individual basis . On Friday, F br,u r 1985 I again n s P oke to Jeff Olson and he informed a a y 1, g me that he had a chance to review my proposed suggestions with the City Attorney. He indicated to me that both he and the City Attorney felt that m request was reasonable. and they would support it. Therefore, y • suggestions I m requesting that the City Council also support the above and change the required ordinances accordingly. If that is done, I could then support the zoning changes . Thank you for your consi derati on on this matter. If I can be of further help to you, please call me any time at 770 -8991. Yours truly, . . ........... . 1 4 . V r J m Weyer, Owner Weyer Properties V. PUBLIC HEARINGS A. Plan Amendment and Rezoning: g Larpenteur and McKnight Secretary Ol son read the notice ' e of public hearing. The proposal is to - amend the land plan from SC to LSC and to rezone =� .. 8C to NC neighborho the 7 - store from g ood comme rc i a 1. Chairman Fischer asked if there was anyone r • on the p roposal. y P esent who wished. to comment Jim Wyner, 8991 Jane Road N. Lake E 1 mo, owner of the. shopping area at the northwest corner of Larpenteur and McKni ht g questioned the definitions of the l and use and zoning categories. Secretary Olson explained the difference between the land use categories and the-zoning categories. Mr. Wyner asked if the office building on McKnight neighborhood would also be rezoned to nei g ood commercial. Secretary Olson said the onl thin that w sh y g ould be rezoned would be the opping center, Mr. Wyner said he is in full a reement with the • g e intent of neighborhood. comme T he small sho pping ng center should blend in with the commun i t . indicated ndicated he had a problem with the a Y what is app ed uses are in the NC zone- and pe r mi tted by conditional use. permit. The ermi tte a video s. ore or a p rint P d uses do not allow p nt sho According to that 2 of his tenants would not be permi in the center.. These tenants do - not borhood. He wou ose a problem to the neigh— uld like to see added wording in;the conditional the city council could oval use to include approve any business establishment that would meet the intent of the zoning, Chairman Fischer said she thought g Mr. Wyner 's concerns were addressed under the proposed amendment to the NC district Andy Anderson, 2243 E. Lar, - penteur, he i s requesting the zoning be chap ed for him so it would be easier for him to sell g his property, He would like to see limited commercial., or some other ty of ' yp c omme rc i a 1, Chairman Fischer closed the public hearing • g pprtion of the meeting. Commissioner Whitcomb moved the planning commission recommend the cit - counci l adopt the following resolution:. y NOW, THEREFORE, BE IT RESOLVED BY THE MAPL EWOOD CITY COUNCIL THAT the above— described plan amendment be approved f i ndi n of on the basis of the following g 1. The LSC designation would be more compatible pat�ble with the adjacent neighborhood development and residential land • use classification. Al so the planning commission recommends the city council adopt the fol lowing .zone change resolution: elk NOW THEREFORE, BE IT RESOLVED BY THE MAPELWOOD CITY COUNCIL that the above--described rezoning be approved on the basis of the following findings of fact: The .P roposed change is consistent with the spirit, purpose and 1. intent of the toning code. 2. The proposed change will not substantial 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 ro osed change or plan is adequately safeguarded. ' P P 3. The property owner agrees with the rezoning. P y g 4. The proposed chang will serve the best interests and conveniences of the communi applicable and the publ welfare. would have no ati ve . effect upon the l ogical, ne 5, The proposed change g efficiente and economical extension of public services and f aci 1 i ti es, public c water, sewers._ police . and fire protection and schoolss such asp _ _ Commissioner Si mund i k seconded Ayes --- Commissioners Barret . - t El lefson, Fischer, He jny, Sigmundi k. S1 etten, Whitcomb n Amendment and Rezonings: 195-25 Arcade B. P � Sec retary son read the notice of hearing. The �oposal i s to amend the land use Ian des gnati on for D and G Auto pai at the northwest corner of Rose awn Avenue and Highway 61 (Arc a Stre?et) from RL. low density resi den "al to LSC, li servi ommerc i al and also rezone from BC - to . NC, ne hborhood commercials is-also proposed to . rezone the portion of _the 11 wood apartment svte.. south . of Rose? awn :Avenue. - - that is - zoned - to - R multiple dwe g. �- - Chairman Fi scher - asked. i there wa -- anyone prese nt-who wished to-comment on the proposal. Mr. M� n � ch • , 1915 Arcade, q ues ' oned i f the down zoning would affect his taxes. He also o re 1 uested t t.t a property at 800 Roselawn and the balance q of the block be rezoned t R - ey wish to construct garages for the apartments as the do n have enou of them. Sec retary Olson said he council , had di cted the down zoning for just these specific c l ot He sugg ested Mr. Min • ch submit an application for - rezoning. ng . The nsi.ty i ti he t R -3 area is h` h right now. _ Mrs. Lafond, 82 Rosela wn , reviewed the hi stor of the zoning of the apartment si e. She is not i n .favor of zoning th property for R - She wishes he nei ghborhood to stay as. i t is • Gary Mc sky. D and 'G Auto ep R air questioned if he wo 1d be able to sell gas a the site. ` • Secretary ,01 son said Mr. McCusky could do whatever he i s do g now, if r the NC uses would on be permitted. ' the use w+aul be stopped for over a y ear Council would have to approve any expansion of the use. MEMORANDUM TO: City Manager PROM: Thomas Ekstrand -- Associate Planner SUBJECT: Code Amendment - -NC District APPLICANT: City of Maplewood DATE: - January 31, 1985 SUMMARY Request Action by Ccur,ci J Enos; e Re j ected._.., - - - Date Amendment of the NC, neighborhood commercial district to give the city council the option to approve certain uses by a conditional use permit that are similar to permitted uses. The amendment would also allow printing shops and video rentals which are not objectionable uses, but are often found i n ' nei ghborhood commercial faci 1 i ti es. Reason for Change To allow uses which would not be objectionable or nuisance — causing in a neighborhood setting. Comments Presently, as a conditional use, code only allows uses "similar to those listed i n this section." (Refer to the code amendment on page 2.) This limits the potential uses which could be located in a NC district. Printing shops and video tape rentals are not permitted, for example. These are commonly found in such centers and are not objectionable uses. The proposed amendment would permit video tape rentals and printing shops and would give council the opportunity to approve a nonobjectionable use by conditional use permit. Recommendation Approval of the ordinance amendment on page 26 Procedure ZZ 1. Recommendation by the planning commmission 2. Public hearing and decision by the city council jw Attachment: Code amendment A ORDINANCE N0, AN ORDINANCE PERMITTING CERTAIN USES IN A NEIGHBORHOOD COMMERCIAL DISTRICT BY SPECIAL COUNCIL APPROVAL THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36 -127 is hereby amended as follows (additions are underlined and deletions crossed out): Sec. 36 -127. Permitted uses. Any of the following uses provided that the floor area of all build— ings in any - one NC zone shall not exceed three thousand (3,.000) square. feet: (1) Bakery or candy shop for the production of goods sold on the premises. (2) Beauty parlor or barber shop. (3) Dry cleaner or Laundromat. All odors must be controlled so as not to be noticeable to adjacent residents. (4) Office or medical and dental clinics. (5) Repair shop, except for motorized vehicles. No work shall be performed outside of the building. (6) Drug, hardware or grocery store. (7) Studio. (8) Tailor or dressmaker shop. (9) Veterinary or grooming clinic where there are not outside kennels or storage. (10) Video tape rentals. (11) Printing shop . Section 2. Section 36 -129 is hereby amended as follows (additions are underlined and deletions crossed out): Sec. 36 -129. Conditional uses (requires council approval). Any of the following uses. provided that the floor area of all build— ings in any one NC zone shall not exceed eight thousand (8,000) square feet: (1) Any permitted use listed in section 36 -127. A (2) Club, lodge or hall, (3) Private school, daycare center or community service use. • (4) Taxi stand or bus stop. (5) Restaurant where there are no drive —up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residents. (6) � }��a�— t�se�— �e— �k►ese —�# shed— }t►- �#��— seed }et►. �A�d. Ple. - -b3�� §4 Other uses, where the city council finds' that the use would be compatible with the neighborhood and the intent of this division.. Section 3. This ordinance shall take effect upon its passage and publica— tion. Passed by the Maplewood City Council on , 1985. Mayor Attest: Clerk Ayes-- Nays-- NOW. THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above des ibed rezonings be approved on the basis of the owing findings of f ac / 0 1. I wou 1 d provide the highest tax base to a city, while still remaining c pati�bl a with the neighborhood. 2. There h been an R -3 zoning south f 2467 Hazelwood Avenue since 19650 3. The land use p an shows RM land in this. neighborhood. 4. The R -2 zone wouu more compatible with adjaent single dwellings than R - S. The M -1 zoning is .,obsol a and not compatible with the area. i 6. The R -2 zone orff Brooks Avenue ' s developed with single dwellings. 7. Traffic to and from the R -3 area w l d be over mayor traffic collectors (Hazelwood and �e and not local street A Comma ssione�` Si k- seconded yes -- Commissioners Barrett; l l of son, Fischer, Hejny, Si gmundi k, S1 ett n, Whitcomb VI. VISI OR PRESENTATIONS VII. - MMUNICATIONS VII NEW BUSINESS A. Code Amendment: NC District Secretary Olson said the proposal i to amend the NC district to the city the option to approve certain uses by a conditional use permit that are s i.mi l -ar to permitted uses. The amendment would also allow printing shops and video rentals which are not objectionable uses, but are often found in neighborhood commercial facilities. The commission questioned if the Video tape rentals shou l'd be permitted only by conditional use permit as they do generate heavier type traffic..= If the areas designated NC in the city are adjacent to high volume roads it may be acceptable to install the video rental there. The commission also questioned -If the city regulated the type of movies to be rented from this type of faci Secretary Olson said the city could not regulate the type of films through the zoning of the property. Commissioner Ell of son moved the planning commission recommend approval of the proposed ordinance amendment to the NC district. Commissioner Hejny seconded Ayes -- Commissioners .Barrett, Ell of son, Fischer, Hejny, Si gmund i k, S1 etten, Whitcomb j N t . ^91, b � Action b Coy•- �;� . 1984 MUNICIPAL SCREENING BOARD DATA JUNE. 1984 En d cri Municipal Variances Pr J e Included in the recent adoption of Rules for State Aid Operations Date is the f_._..__ ` lowin l o section dealing with variances: g L. Variance: 1. A formal request by a political subdivision for a variance from these rules must: a* be submitted to the commissioner in writing n the g form of a resolution; b. identify the project by location and termini; c . Cite the specific rule or standard for • which the variance is requested. 2. Additional information needed: a* index map; b. typical section: (1) inplace section; (2) proposed section; ce reasons for the request; d. the economic, social, safety, and environmental impacts which may result from the requested variance; e. effectiveness of the project in eliminating n existing tang and projected deficiency in the transportation system; f. effect on adjacent lands; g. number of persons affected; and h. safety considerations as they apply too (1) pedestrians; - (2) bicyclists; (3) motoring public; and (4) fire, police, and emergenc g y units. 3. The commissioner shall publish notice of variance request in the State Register and shall request comments from interested arti to the commissioner within 20 c P es be directed calendar days from date . of publication. 4. The commissioner may appoint a Committee to serve as required to inves- tigate and determine a recommendation for each variance. rese No elected or appointed official that represents nts a political subdivision requesting the variance may serve on the committee, -64- 1 a. The committee shall consist of any five of the following persons: (1) not more than two county highway engineers, only one of whom may be from a county containing a city of the first class; (2) not more than two city engineers, only one of.whom may be from a city of the first class; (3) not more than two county officials, only one of whom may be from a county containing a city of the first class; and (4) not more than two city officials, only one of whom may be from a city of the first class. b. operating procedure: (1) The committee shall meet on call from the commissioner at which time they shall elect a chairperson and establish their own procedure to investigate the requested variance. (2) The committee shall consider the: (a) economic, social, safety, and environmental impacts which may result from the requested variance; (b) effectiveness of the project in eliminating an existing and projected deficiency in the transportation system; (c) effect on adjacent lands; r (d) number of persons affected; (e) effect on future maintenance; (f) safety.considerations as they apply to: (i) pedestrians; (ii) bicyclists; (iii) motoring public; and (iv) fire, police, and emergency units; and (g) effect that the rule and standards may have in imposing an undue burden on a political subdivision. C3) The committee after considering all data pertinent to the requested variance shall recommend to the commissioner ap- proval or disapproval of the request. 5. The coma ssioner shall base his decision on the criteria specified in 4 . b . (2) , (a)-(g) and shall notify the political subdivision in writing of his decision. 6. Any variance objected to in writing or denied by the commissioner is subject to a contested case hearing as required by law The next several pages document the variances that have been requested since.the variance procedure was established. -65- 1984 MUNICIPAL SCREENING BOARD DATA M.S.A.S. VARIANCE - REQUESTS Minnesota Statutes, Chapter 162.13, Subdivision 2 states that any variance granted pursuant to section 162.09, subdivision 3a shall be reflected in the estimated construction and maintenance costs in determining money needs. The law does not, however, state what type of reflection or adjustment should be made. We are presenting this report to the committee for your recommen- dation. We f ind that of the 70 requests which have been made, 57 were approved, and 13 denied. A summary of the 57 Variance approvals show:. 19 - Street Widths from 46 to 44 feet. 12 - Variance Requests were higher design than needs. 2 - Bridge Vertical Clearances. 5 - Variance for Off- system Expenditures. 6* - Variances f or Design Speed.. .1 - St. Cloud Bridge 12 - Variances for Street Widths The following summary will.itemize each request by the type of variance required. -66- Variances Denied 1. Duluth MSAS 134 (Hawthorne Road - Superior St. to Vermillion Rd .) , MSAS 156 (Vermillion Rd . - Hawthorne Rd. to St. Marie) and MSAS 156 (St. Marie St. - Vermillion Rd. to Wallace Ave.) Permit 24' in of 28' street width. 1 2. Duluth - MSAS 116 (2 ' 4th Ave . West - Michigan to Skyline Blvd.) Permit 30' instead of 32' with no parking on either side. 3. Faribault - MSAS 118 (First. Ave. NE - 1st Ave. NE to Central Ave.) Permit design speed of 27.4 instead of 30 MPH. 4. Hermantown - MSAS 103 (Stebner Road -Maple Grove Road to Morris Thomas Road Permit design speed of 35 instead of 45 MPH. 5. Lake Elmo - MSAS 104 (Along 45th St., Julep Ave, and 47th St. - Jane Rd. North- to Keats Avenue) . Permit design speed of 30 instead of 40 MPH. 6. Minneapolis - MSAS 308 (We Franklin Ave. - Dupont Ave,. to Logan Avenue South). Permit a 32' with parallel parking one side instead of 32' no parking. . 7. Minnetonka - MSAS 133 (Ford Road - Cedar Lake Road to TH 12). Permit a street width of 26' with parking on both sides instead of 32' with no parking on either side. 8. Mounds View - MSAS 233 (Ardan Ave. - Spring Lake Road to Eastwood Road) . Permit a width of 39' instead of the required 46'o 90 St. Louis Park MSAS 275 - (Virginia Ave. S. CSAH 16 to Burd Place). Pa 4M Permit 32' street width with parking on one side from 7 P.M. to 7 A.M. Monday thru Friday and all weekend instead of 32' with no parking. -67- 100' St. Paul - MSAS 159 (Lexington Ave. - University Ave. to Jessa- mine Street)* Permit Sunday parking from & A.M. to 1 P.M. on the West side of Lexington Ave., from Minn.ehaha Ave. to Blair Ave. instead of no parking any time. 11.' St. Paul - MSAS 109 (Arlington Ave. Victoria St. to Dale St.). Permit a street width of 36' with parking on both sides instead of 46' with parking. 12. South St. Paul - MSAS 105 (3rd Ave. South - 3rd St. to 6th Street) Permit street width of 36' with parking on both sides instead of just one side. 13. Hastings - MSAS 134 (Second St. - TH 61 to Tyler Street) -Permit street width of 70' with 60 diagonal parking instead of the required 102'0 Variances .from 46 to 44 Feet 1. Anoka -- MSAS 128 (3rd Ave. - Jackson to Harrison Street) and Msas 132 Van Buren Street - 2nd to 4th Avenue) Permit 44' instead of 46 street width. Constructed to 44' in 1983 -- needs add. mat. 2 Anoka - MSAS 115 (Military Road - South to Washington Street) and MSAS 116 (South Avenue - 5th to 7th Avenue) Permit 44' instead of 46' street width. Constructed to 44' in 1983 -- needs add. mat. 3. Anoka - MSAS 112 (2nd Avenue North - Jackson to Harrison Street Permit 44' instead of 46' street width. Constructed to 44' in 1981 needs add. mat. 4. Burnsville - MSAS 109 (Parkwood Drive - 134th St. to Heather Hills addition) Permit 44' instead of 46' street width. Constructed to 44' in 1981-- needs add. mat.. -68- 5. Burnsville - MSAS 101 (Portland Avenue — Stevens to Grand Avenue) Permit 44' instead of 46' street width. Constructed to 44' in 1983 -- needs add..mat. 6. Cloquet - MSAS 102 (Doddridge Avenue - TH 33 to 14th Street) Permit 44' instead of 46' street width. Constructed to 44' in 1982 -- needs add. mat. 7. Coon Rapids - MSAS 107 (Robinson Drive - 105th Lane to South 109th Avenue) Permit 44' instead of 46' street width. Constructed to 44' in 1983 -- needs add. mat. 8. Fairmont - MSAS 107 (Woodland Avenue - Fairlakes Avenue to Lake Park Boulevard) Permit 44' instead of 46' street width. Constructed to 44' in 1981 needs add. mat. 9. Fairmont - MSAS 106 (Prairie Avenue - Blue Earth Avenue to 9th Street) Permit 44' instead of 46' street width. Constructed to 44' in 1983 -- needs add. mat. 10. Fergus Falls - MSAS 101 & 501 (Along Summit Street) Permit a 44' instead of a 46' street width. Constructed to-44 in 1983 -- needs add. mat. 11. Litchfield - MSAS 105 (West Ripley St . - Swift to Sibley Avenue) Permit 44' instead of 46' street width. Constructed to 44' in 1982 -- needs add. mat. 12. Mendota Heights - MSAS 101 (Marie Avenue - Victoria Road to Lexington Avenue) Permit 44' instead of 46' street width. Constructed to 44' in 1982 -- needs add. mat. -69- 13. Mendota Heights - MSAS 103 (Mendota Heights Road - TH149 (Dodd Road) 'to CSAH 63, Permit 44' instead of .46' street width. Variance approved 12 -5 -83. 14. Minneapolis - MSAS.224 (East 14th Street - Chicago Avenue to 11th Avenue South) Permit 44' instead of 46 ' street width from Chicago to Elliot Avenue was approved. Permit 40' instead of 46' street width from Elliot Avenue to 11th Avenue South was denied. Constructed to 44' in 1982 =- needs add. mat. Y 15. North Mankato - MSAS 108 (Lee Boulevard - Lookout Drive to Lor Ray Drive. Permit 44' instead of 46' street width. Variance approved 4- 18 -83 - - w- needs 44' add. mat. 16. Rochester - MSAS 16 (West Center Street - Fourth Street to Seventh Street West) Permit a street width of 44' instead of 46 Variance approved 2- 18 -84. 1984 Construction. 17, South St. Paul - MSAS 109 (5th Avenue - Marie Avenue to 3rd Street North) Permit a street width of 44' instead of 46'. Constructed to 44' in 1983 -- needs add. mat. 18. Winona - MSAS 127 (,Bundy Boulevard - Homer Road to TH 61) Permit a street width of 44' instead of 46'. Constructed to 44' in 1983 ---- needs add. mat. 19. Brainerd - MSAS 103 (NW and. SW 4th Street - Florence Street to Washington Street) Permit street width of 44' instead of the required 46 Variance approved 3 -16 -84 -- needs 44' add. mat. -70- Variances Were Hi her Design Than Needs St 1. Duluth MSAS 140 (Aerial Lift Bridge on Minnesota Avenue) Permit 24' no parking instead of 36' no parking road- way width on the bridge: Reported as adequate. 2.. Duluth - MSAS 129 (First Street - Third Avenue East - Avenue West) Permit a 42' instead of a 46' street width Needs were 42' add. mat. Constructed to 42' brick surface in 1982 -- needs add. mat. 3. East Grand Forks- MSAS 113 (Intercity Bridge - North Dakota) Permit reconstruction at 28' instead of 36' bridge width. Bridge needs were reported as 28' width. Bridge deck repaired at 28' in 1983 -- needs add. mat., bridge adequate. 4. Minneapolis - MSAS 345 (Motley Bypass - Fulton Street to University Avenue) Permit a street width of 44' with no parking from Fulton to Delaware Avenue instead of 52' and 54' with parking on one side from Delaware Avenue to University Avenue .instead of the required 62' . . Variance approved 7 -19 -82 -- complete construction in needs - 44'. 5. Moorhead. - MSAS 130 (Bridge #5270 — Center Avenue over the Red River of the North) Permit a width of 48' instead of 52' . Variance approved 4- 18 -83. Revised needs from 56' to 48'. $1,000,000 Recondition. 6. St. Cloud - MSAS 101 (10th Street South - 7th Avenue South to 10;1 Avenue South) Permit street width of 48' instead of 68' with no parking. MSAS 502 (9th Avenue South - 8th Street South to 12th Street South) Permit street width of 60' instead of 68' with. no parking. -71- Variance approved 4 -18 -83 -- needs 44' add. mat. MSAS 101 Variance approved 4- 18 -83. -- needs 60' add. mat. MSAS 502 7. St. Cloud - MSAS 505 (9 -10th Avenue - St. Germain Street to 9th Street North) Permit street width of 60' instead of 68' with no parking. Variance approved 2 -10 -82 weeds 60' add. mat. 8. St. Cloud - MSAS 114 (3rd Street North - 31st Avenue North to West City Limits) Permit street width of 60' instead of 68' no parking. Needs were reported as 44' width. Constructed to 34', 46' & 52' in 1981 -- needs adde mat.- turning lanes. 99 St Paul - MSAS 129 (Johnson Parkway - Minnehaha Avenue to . East 7th Street) Permit a street width of 36' instead of 52' with no parking. Needs were reported as 36' width. Constructed to 36' in 1981 -- needs.add. mat. 10. St. Cloud - MSAS 502 (Ninth -Tenth Avenue South - First Street South to 600' South) Permit a street width of 60' with a 14' median instead of the required 68'* Variance approved 3 -16 -84 -- needs for 44' add . mat . 11. St. Paul - MSAS 159 (Lexington Parkway - West 7th Street to St. Clair Avenue) Permit street width of 40' and 44' instead of the required 48' and 72' with parking on both sides. Variance approved 3 -16 -84 -- needs add. mat. at 40' and 44'. 12. Brainerd MSAS 114 ()4orth and South 4th Street - Laurel Street .to Washington Street) Permit street width of 64' instead 68'. Variance approved 3 -16 -84 --- needs 44' add. mat* -72- Variances for Bridge Vertical C learances 1. Minneapolis -- MSAS 172 (Emerson Avenue South Bridge over the Chicago, Milwaukee, St. Paul and Pacific Railroad) Permit a vertical clearance of 21' over the main line and 20' over the spur track ins=tead of the required 22'0 Variance approved 12 -4 -82. 2. Minneapolis - MSAS 170 (Dupont Avenue . Bridge over the C .M. S t . P . & P. Railroad) Permit a vertical clearance of 21' over the main line and 20' over the spur track instead of the required 22' Variance approved 12- 14 -820 Variances for Off-System ----- - ---- -- 1. Chisholm - CSAH 67 (First Avenue West - 911 Street to CSAH 66) Off System. Permit 44' instead of 46' street width. Adjustment for $'s spent off system. 2 . St . Paul - CSAH 65 Off System (White Bear - C . N .W . R. R. to Lar- penteur Avenue) Permit a street width of 44' with no parking instead- of 50' . Adjustment for $'s spent off system. 3. S.t. Paul - TIi 5 Sibley- Jackson Switchback from Eighth and Jackson to Seventh and Sibley) Permit a design speed of 23 instead of 30 MPH. Adjustment for $'s spent off system. 4. Virginia - Reverted to a local street in 19810 (DENIED) (Chestnut Street - 2nd Avenue West and 6th Avenue (CONTESTED). West) (SETTLED) Permit a 60' street width with 45 diagonal parking_ (REMOVED) instead of 90'. Removed from MSAS system. _73- :l 5. Minneapolis Off system (Burhham Road Bridge over the C.N.W. R.R.) = Permit a vertical clearance of 20' instead of 22'. Adjustment for $'s spent off system. Variances f or Design Speed 1. Alexandria MSAS 104 (Fairgrounds Road) — 1200' South of Third Avenue) Permit design speed less than 30 MPH. Constructed to 44' in 1983 -- needs add. mat. 2 , Anoka - MSAS 134 (Main Street Bridge over Rum River) and 300' approaches both ends. Permit 25 instead of 30 MPH design speeds Tai Turnback. Will be let in 1985 . -- No needs. 3. Champlin IISAS 109 (114th Avenue - Maryland Avenue to Jersey Avenue) and MSAS 105 (Maryland - 112th to 114th Avenue North) Permit 25 instead of 30 MPH design speed. Constructed to 36' in 1983 -- needs add. mat. 4. Eveleth - MSAS 227 (Fayal Avenue - North Court to Park Avenue) Permit design speed of 20 instead of 30 MPH. Variance approved 11- 23 -830 5. Red Wing - MSAS 122 (Title Crest Drive over the C .M. St .P . & Pe Railroad) Permit a design speed of 24 instead of 30 MPH. Variance approved 8 -5 -83 needs for 32 . 6. Winona - MSAS 128 (Riverview Drive - Commercial Harbor to Huff Street) Permit a design speed of 30 instead of 40 MPH. Constructed to 48' in 1983 -- needs add: mat. -74- I Variance on St. Cloud 10th Street Bridge 1. St. Cloud MSAS 501.& 503 (Tenth Street Bridge) Permit a 2 -lane bridge instead of the required 4 -1ane design. City received needs on 44' of the 68' reported. Bridge built to 51' (39' + 2 -6' sidewalks) Constructed to 51' in 1983 -- no needs. -75- Variances for Street Width m 1. Minneapolis - MSAS 190 .(First Ave. S. - East Lake St. to 33rd St. S.) Permit street width of 36' with parking on -one side instead of 38' with parking on one side. Constructed to 36' and 40' in 1983 -- needs add. mat. Permit street width of 36' instead of 44' as required and shown in needs study. The needs for this 0.,36 mile segment were .$349,000. An adjustment could be made by taking 8/44 x $349,000 x 27 (the years this segment has been in the needs study) _ $1,713,272 reduction in needs for ? (No. of years) . At $37-97 per $1,000, this equals $65,053 in apportionment. 2. Minneapolis - MSAS 178 (West Grant Ste - La Salle Ave. to Nicoll et Ave '. ) Permit 48' instead of 50' street width with no parking. Constructed to 48' in 1982 -- needs add. mat. Permit street width of 48' instead of 60' shown in the needs. Needs are $68,600 for 0.07 mile. 12/60 x $68,600 x 27 years = $370,440 x 37.97 = $14,065 in apportionment. 3. Minneapolis - MSAS 221 & 175 (221 - Emerson & 175 - Fremont Aves. N. - Plymouth Ave. N. to W. Broadway Ave.) Permit a street width of 32' with no parking on one side of Fremont Ave. N. and to permit 36' with no parking on • one side of Emerson Ave. N. Constructed in 1983. -- Emerson - 36' Fremont - 32' -- needs add. mat. ' = MSAS 221 — Emerson Permit street width of 36' instead of 44' in the needs. Needs are. $416,023 for 0.5 mile.. 8/44 x $416,023 x 27 years= $2,042,293 x 37.97 $77,546 in apportionment. MSAS 175 - Fremont Permit street width of 32' instead of 48' in the deeds. Needs are $433,377 for 0.50 mile. 16/48 x $433,377 x 27 years = $3,900,392 x 37.97 = $148,098 in apportion- ment. s - 76- 4. Richfield -- South Lakeshore Drive to 74th MSAS 363 (Lyndale Ave. - Street) Permit a street width of 47' instead of 52' with no park- ing as required. Constructed to 47` in 1981 -- needs add. mat. Permit street width of 47' instead of 52' in the needs. Needs are $607,922 for 0.80 mile. 5/52 x $607,922 s 22 years = $1,285,988 x 3797 $48,829 in apportion- ment. 5. St. Louis Park - HSAS 280 (Dakota Ave. - CSAH 5 to West 27th St.) Permit a street width of 36' instead of 46' Constructed to 36' in 1981 -. needs add. mat. Permit a street width of 36' instead of 44' in the needs. Needs are $200,059 for 0.36 mile. 8/44 x $200,059 x 27 years $982,107 x 37.97 = $37,291 in apportionment. 6. St. Paul - MSAS 135 (Forest Street Bush St. to Wells St.,' Bridge #5962 over the C.N. &B.N. Railroad) Permit a street width of 32' instead of 46' and still maintain 2 parking and 2 traffic lanes. Variance approved 2 -17 -81 -- needs complete - 36' roadway, 32' bridge. Permit a street width of 32' instead of 36' as in the needs. Needs are $138,108 for 0.21 mile. 4/36 x $138,108 x 27 years = $414,324 x 37.97 = $15,731 in apportionment. 7, St . Paul - MSAS 129 (Johnson Parkway - E. 7th St. to Prosperity Ave*) Permit street width of 44' with no parking from E. 7th St, to. Case and 36' with no parking from Case to Prosper- ity Avenue instead of 55' . Constructed to 36' in 1981 -- needs. add. mat. Permit a street width of 36' instead of 44' as in the needs Needs are $277,176 for 0.34 mile. 8/44 x $277,176 x 27 years = $1,360,681 x 37.97 $51,665 in apportionment. This segment also has a RR/Hwy Structure in the needs at $649,750. Should this structure be considered adequate or continue to draw needs? Mpm 8. St. Paul - MSAS 138 (Front St. -Dale St. to Western Ave.) and'' MSAS 109 (Arlington Ave. - E. Shore Drive to Hazel - wood Street.) Permit a street width of 40' with parking permitted on Front and Arlington Ave. instead of 46' with parking. (APPROVED) Front Street (DENIED) - Arlington Avenue Front St. constructed to 40' in 1983 - needs add. mat. Arlington Avenue was denied. MSAS 138 - Front Street Permit a street width of 40' instead of 44' as in tfie . needs. Needs are $462,542 for 0.50 mile. 4/44 x $462 x 27 years = $1,135,329 x 37.97 = $43,108 in apportionment 9. St..Paul - MSAS 179 (Payne Avenue over the C.N.W.R.R. and its approaches between Whitall and Reaney Ave.). Permit a street width of 46' instead of the required 72'. Variance approved 8 -5 -83 - complete needs - 52' road 64' . bridge. Permit a street width of 46' instead of 52' street and 64' bridge width as in the needs. .20% of segment x $843,415 = $168,683 (18/90 = 20%). Bridge needs are $387,000; segment is 0.18 wile. 6/52 x $168,683 x 27 = $ 525 Roadway 18/64 x $387,000 x 27 = $ 2,938 3 781 - Bridge $3,464,293 - Total x 37.97 $ 131,539 in apportionment 10o St. Paul - MSAS 193 Gast Seventh St. — Mendota St. to Johnson Parkway) Permit street widths of. 40' and 46' instead of the required 72' with parking on both sides. Variance approved 3- 16--84 -- needs complete at 44' Permit a street width of 40' instead of the 44' in the needs. Needs are $496,326 for 0.50 mile. 4/44 x $496026 x 27 years $1,218,253 x 37.97 = $46,257 in apportionment. -78- 11. St. Paul - IISAS 132 (Fairview Ave. - Montreal Ave. to St. Clair Avenue.). Permit street widths of 40' and 56' instead of the required 72' with parking on both sides. Variance approved 3 -16 -84 - needs complete at 44' and 68' Permit street widths . of 40' and 56' instead of 44' and 68' requested in the needs. 4/44 x $766,943 x 27 $1 12/68 x $688,869 27 $5,164,751 x 37.97 $ 196,105 in apportionment. 12. St. Paul MSAS 158 (Kellogg Boulevard - West Seventh Ste to Robert street) Permit a street width of 56' instead of 72' with parking on both sides. Also ,, permit street widths of 98' and 104' with.a 22' median instead of the required 104' with a 4' median. Variance approved 3 -16 -84 - needs complete at 68', 64', 72' & 76', Permit street widths of 56' (104' & 98' with 22' medians) instead of 68', 64' (98') in .the needs. Needs are $295,901 for 0.71 mile. Because of unusual _ configurations on this segment as compared to the reported needs, any adjustment would be difficult to recommend. l r -79- ADT (CURRENTI 1983 = ADT (FUTURE) 2002 E ,N18 20 YEAR DESIGN LOAD = STABILOMETER °R °VALUE 2 DESIGN SPEED TRUCKS SOIL FACTOR mv- w � uuuu LLS. IT willut T• 3•fS !T• 47400 STA 494 CONWAY MINNEHAHA STILLWATER MARYLAND t.ARPENTEUR SEVENTH AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE TO TO . TO TO TO MINNEHAHA STILLWTER MARYLAND LARPENTEUR SEVENTH T.H936 AVENUE AVENUE AVENUE AVENUE AVENUE AIJENUE 10600 7 5 6 6,700 9 O0 15 11,000 8 9,900 .. I OA00 12000 9 TON 40 MPH 5 5 5 5 5 5 `- 5m CAST W916A S NN 72' C- C 32' C -C C-c 52'C - C 1 C -C n • n Ac by Cc l : Endcorsc REjecte Date MEMORANDUM TO: City Manager FROM: Environmental Health Official SUBJECT: Recycling DATE: February 20, 1985 In response to the council's: inquiry into a recycling project for Maplewood,' Colleen Halpine, the solid waste planner for Ramsey y Count , has been asked to attend the March 4 city council meetin She will 9 i ve a bri of synopsis of what options are available for recycling in Maplewood, what other cities are doing, and answer any questions that the council may have on the subject, Included with this memo is a copy of a recent newspaper article about recycling unlimited-which 'is already operating in Maplewood. They are y g ,currently subsidized by Ramsey County for providing recycling services in the county. ib t • i •, ad Dis atoh Wednesday, Fek 13.1985 6NE • St. Paul PWwr Press a P e C is e, cy g avAil bI • 0 cl -o ici2il ty 0 - discovers By A NagelM Staff Writer . . •'( ' officials who believed r pity Maplewood is Without trash '+ecy P Unlimited • drA _ .The Recychn�g P ; off location is at Carver Elements- • cli 'ces • learned last week - ry School,-2680 Upper Afton Road, t rec clan is offered by a pri- only between 9 a.m. and 3 P.M. ; on p g ' the f ourth Saturda of eacb . month. vate firm. . le for Inc. Barrels are avails materials Recycling Unlimited anon- . separation. profit St. Paul company, provides •. f or the r ' f ' rice - -month pickup. to -all of o p. No sign -u is n • . R.ecyc�ng niunited south of Hi bway 36, Ma lewood g or •sa i Allison Schaaf, community - service, an doesn't keep records, Schaaf said., for the company. j . , g� � . Participation can be on an inter- mitteass, she added. d bih "We have -both curbside . ickuP.- and a drn f f location is pl t � irks : Recycling U P - . -`But as a non- wood," Schaaf -said. have ; Teights, at curbside i n Roseville, Falcon , Laud erdale, New Br'igh profit company, -we don t one for advertisin L and depend m y. a lot on le s tea the Word ton and North St. Paul Inf st riae- tion is available at 698-8119. in their ne oods. " • ig bor _ 'The com Pay' ` s Maplewood pick- Ma Ci ' Council mem Maplewood � . ber MaryLee Maida . recently had � ' up is on the fourth Monday of each asked the city to consider making a - month south of Highway. 36, she available to recycling program , • said. Materials must; be .sorted and ,� ,• . resides. _ laced at curbside .by 7. aim to as-' "It .really doesn't take much "I sure p� p• .. '•' -' time (to separate recyclable mate- • Unlimited r equires - . Re c ycl ing � residents to separate the Waste rials)," she said. "We have to . do some thing .The are f i lhng . ' materials into separate containem up _ - 10 qwlv doom Minnesota Charitable Gambling Control Board FOR eoARO' USE ONLY 900 Summit Mate - Bank U11ding - 31 0 -4th Avenue South Minneapolis, MN 35415 Action by C oune j. . -(612) 341-7676 _ - - Endorsed-..._L.-__. • 1 t. GAMBLING LICENSE APPLICATION �iedi�`ied...�. �_._ _.... (Claris A, 8, or C) lu e �...,�_...... Da.. e-- -- INSTRUCTIONS % 1. PRINT OR TYPE. 2. Bring completed application to local governing body, obtain- signature and date on all copies, and leave goldenrod copy. Applicant keeps pink copy and sends remaining copies to above address. 3. Chances in a lication information must be submitted within the chan hype of Application: 7.1 Class A -- Fee $100.00 (Bingo, Raffles, Paddlewheels, Tipb.oards, Pull -Tabs) Class 8 - Fee $ 50.00 (Raffles, Paddlewheels, Tipboards, Pull -Tab ) ❑ Class C - Fee $ 50.00 (Bingo only) flake checks oavable to: Minnesota Charitable Gamblino Control Board. Applicant (Official, legal name of organization) Nat' MS Society, M North Star Cha ter Business Address 2344 Nicollet Avenue City, State' Zip Minneapolis, NAT 55404 County Hennepin Business Telephone Number Federal I.Q. Number ( 612 ) 870 - 1500 41 079 - 0658 Type of Organization C] Faternal 0 veterans 0 Religious :0.0ther Nonprofit Organization Type of Organization Charter 0 International C3 National Q State Nu per of Years in Number of Articles of Existence (in Minnesota) Incorporation (if incorporated) 31 years lg Location {here Articles are Filed New York Yes No L . Does organization have a dues structure? X If es, number of active members 33,000 2 . Has organization been previously licensed X by the Board? If yes, give.date 3 . Has License ever been denied, suspended or revoked? If yes check all that apply: ElDenie Q ORevoked. 4e Is organization exempt frm payment of VoSo income tax? If yes, attach copy of X letter declaring exemption. • Is organization tax exempt from payment X of Minnesota tax? If yen, attach copy of letter declaring execs tion. Site r Add .t City , State Zip x o p County r Yes No 1 Are all gambling activities conducted -at the above site? If no, complete a sepa- rate application form for each site as a X separate license is issue for each site. 2. Is site located within city /town limits? 3. Does organization own the. site where gambling activity will be conducted? If X no, attach copy of the lease for the site. essor Name (if lease or rent,., Address f- r City, S to e , _Zip . * •w" r . """ -w ' ambling Manager Name Willard M. Munger, Jr. Address 2344 Nicollet Avenue City, State, Zip Minneapolis, MN 55404 The X10,000 fidelity bond required by Minnesota tatutes 349.09 has been obtained. - company Name Bond Number Fidelity & Depositors 9882268 Nerve of Org an iza tion's Officers and Titles a lCin sle iMuroh Jr . Chair c• Jeffrey J. Wood, Treasurer b • Gerald Friede l l Vice d. Joanne Levi r cc-mnn i ..n i r i 2 l aA ( •� rte•• ,�yr+r •. •,��. .... .. �� 2 r Minnesota Char ltable . Gambling Control Board .. GAM BUNG LICENSE !APPLICATION Class A, B, or C GAMBLING SITE AUTHORIZATION . By my signature below, local law enforcem officers or agents of the Board are hereby . authorised o hater upon the site, at any ti ae gambling is being conducted, to observe the 9amblf *g. -and to enforce the law -for any unauthorized game or practice. A BANK RECORDS AUTHORIZATION By pry signature below, the Board is hereby outhorized to inspect -the bank records of the General Gaiabling Bank Account whenever necessary to fulfill requirements of current gamblin rules and law. . OATH I hereby declare that 1. I have read this application and all information submitted to the Board; 2. All information submitted is true, accurate, and complete; 30 •all other required information has been fully disclosed; 4. I am the executive officer of the organization; 5. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. r will familiarize myself with the laws of the State of Minnesota respecting 'gambling and , rules of the Board and agree, if licensed, to a6ide by those laws and rules, including amendments thereto. Official,. Legal Name of rganization Nat 1 1. MS Soc MN North S tar Chapter Signatu/e ft6 / ed OO. Chie f Executive Officer) Title Executive Director Date ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BUOY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the Board, will become effective 30 days from' "a date of receipt (noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30 days of the below noted date. L.DCAL 08VERN211 880V Name -t a1 G 9 emir B Signature o f Person Date Receiwe C approval b Receivin ApplicatAnn A I this in date fray which the 30 day Name of Repreasnta v (servin notice� �L r CG- Oa001 -o1 (12 /84) Whito - Board Canary Board Pink - Applic t 4 . (data entry) �ANIZATiON ,for g Licens Ap ' cant GoldenroW- Governing Body PROPOSED EXPENDITURES FROM CHARITABLE GAMBLING FUNDS MULTIPLE SCLEROSIS SOC I ETY : MS Acnievene . Cen Provide day care activities for - --• - + -- -�' r severel disabled persors with IS and other disabilities. Al lows souse and close relatives to -jai Main normal work yours while severely disabled deaendents a cared for during tjo Tk.na hours, j0b L'.a' S.? nC. PtoC ??:Z Pel-os oers ons with H and Odle?" herons to devel.or) their ]ob seeming si,411 „5. nS�O?"tat10?'1 i11'�ro�1'er tran��a for disabled in rur - rca C tT T � T T .• on T �r� � Sme r enc_ a_a + u d so r ne....t dzs aol _.� _nd:�v1aua -s . ouJe gee ing services o r disabled individuals. E�; ande ' - j vs ical the rany . and counseling vrogra s . E1:mande " 1 IS c� l Lics to rug - al ar aas 1 _ E zanded arofe.stz i.ona1 education - o rogr s for nurs_ng hormes and count17 ealtjl Wor;;er:3 �.:manded s ces to - the disabled to deal with cor��le:� '0 robl`: invo v? nc insurance and govern -anti. assistance. 0 r ' MEMORANDUM TO: ; City Manager FROM Associate Planner -- Johnson and Briggs and Morgan,P.A. SUBJECT.: Tax- exempt Financing APPLICANT: Maplewood Ridge Partnership PROJECT: Maple Ridge Apartments action by council; LOCATION: East of Hazelwood , . North of County Road D DATE: - - March 1., 1985 - - -- _ - Erdor c ' W) J I SUMMARY R��. Q _ r Request 10 Approve a resolution that grants preliminary approval for: a. A joint powers agreement with St. Paul HRA and b. A regulatory agreement between Maplewood and the applicant 2e Choose between a - lump sum or annual program participation fee for the approval of this financing. f nMMant -c Council has previously granted preliminary approval for a $3.8 million tax - exempt bond issue for this 100 -unit apartment development. All required zoning and site plan approvals have also been granted. Resolution Approval of the enclosed resolution would, in effect, grant final city approval for the tax- exempt financing. The joint powers agreement with the St. Paul HRA is requested so that the developer can take advantage of a pooled housing bond issue to be issued by the St. Paul HRA and marketed by Piper, Jaff ray and Hapwood , Incorporated. Pooling smaller issues into one. larger issue can significantly reduce the cost of bond issuance for each participating developer. The proposed regulatory agreement would require the developer to comply with the city's requirements for final approval of tax - exempt financing, including the payment of the program participation fee. The city manager and city attorney would have the authority to sign the documents once all of the project data is included Program Participation Fee Council's policy is to choose the fee option -- annual versus lump sum- - that would be the most beneficial to the city. The annual fee from this development would be worth approximately $20,000 in 1985 dollars, more than a lump sum fee (page 3.) . The annual payments, in 1985 dollars, would range from about $4,600 in 1986 to about $2,300 on 1996. Together with the $9,500 that would be requ i red at bond closing for this development, the annual fee would be enough to fund possible but unbudget costs associated with the update of the housing plan and establishment of a home -share program to adequately serve this area. (See page 4. ) Both items are in the HRA's adopted work program for 1985. When combined with the fees that are probable from the Beaver Creek a apartment bond issue (page 4 ) , the annual payment would range from about $16,000 the first year to about $7,700, in 1985 dollars, in the eleventh year. The total annual fees, in 1985 dollars, available from these projects, would be about $126,700 versus $36,000 if the lump sum option is chosen. The applicant would prefer a lump sum payment to eliminate the nuisances associated with annual payments. However, if council chooses to require an annual payment, he w i l l not oppose the decision. On March 5, the HRA will consider this request. Recommendation Approve the enclosed resolution (page 5 ) , which grants: 1. Preliminary approval of a joint powers agreement with the St. Paul HRA. 2. Preliminary approval of a regulatory agreement between the applicant and Maplewood. J3. Requires the payment of an annual program participation fee. 2 a Past Action 10 -8 -84: BACKGROUND 1. Council gave preliminary approval to a $3.8 million tax - exempt financing bond issue for the Maple Ridge apartment project, subject to the following items being satisfied as conditions of final approval: a. Payment of a lump sum or annual program participation fee, whichever would be more beneficial to the city. b. The bond indenture agreement shall require:. 1) The developer to annually certify on the anniversary date to the city, compliance with federal low -to- moderate income requirement. 2) The program trustee, as approved by the city council, shall inform the city of any noncompliance trends, regarding the low -to- moderate income occupancy requirement. 2. Council amended the housing bond plan to include the Maple Ridge bond financing program. Program Parti cipation Fee Required: As a condition of approving the use of tax - exempt f i n a n c i n g , either a lump sum fee at bond closing or an annual fee over the l i f e of the bond issue w i l l be required. The city reserves the right to choose .the fee option that will be the most beneficial to the city.. This choice will be made when the final resolution is adopted. Factors to be taken into account will include, but not be limited to: a. The size of requested issue b. Unbudgeted city funding needs at the time of the request C. The number of requests d. Federal arbitrage considerations The formula for each fee option is as follows: a. Lump sum fee: At bond closing, a lump -sum fee shall be paid in the amount of one percent of the bond issue, not to exceed $20,000, less the application fee, subject to federal arbitrage restrictions. b. Annual Fee: An annual fee payable on each anniversary of the bond issue of not less than one - eighth of one percent of the unpaid balance and one- quarter of one percent of the bond issue shall be paid at bond closing, subject to federal arbitrage restrictions. Finance The city may use the .program participating fee for any purpose. 3 Housing 1. Status of other Developments a. It is very likely that final approval of the $10 million tax- P exem t bond issue for the Beaver Creek apartments will be requested this year. The annual fee would generate $22,500 at closing and annual payments ranging from about $11,100 on the first anniversary of the bond issue to about $5,400 in 1985 dollars i the eleventh year. The estimated total payment would be about $88,700 in 1.985 dollars. b. No other applications have been received but at least two other developers are considering submitting an application. 2 . Unbudgeted Housing Projects a. The update of the housing Plan is a high priority of the HRA. The present plan is based upon 1979 population information and recommends P articipation in programs that are no longer in existence. A consultant should be employed to properly assess housing demand by housing and location. Nancy Palm of Maxfield and Solomonson estimated that the cost would not exceed $6, 000 and could be less, depending on the detail needed* b. The preliminary results of the home —share questionnaire show a need to establish a program in this area. The HRA may be recommending a consortium effort or expansion of the existing Luther Social Services program. Annual supplemental funding from benefiting governmental units could be a recommendation of the older adult Home -Share Task Force and HRA. �* Procedure 1. HRA recommendati 2. City council decision mb Attachments: 1. Resolutions 29 Joint Powers Agreements. 3. Regulatory Agreement 4. Program Participation Fee - -Maple Ridge 5. Program Participation Fee Beaver Creek 6, Location Map 7. Site Plan 4 583T RESOLUTION APPROVING A JOINT P ROG RAM FOR FINANCING RENTAL HOUSING AND GIVING PRELIMINARY APPROVAL TO A JOINT POWERS AGREEMENT AND REGULATORY AGREEMENT IN CONNECTION THEREWITH WHEREAS: City (A) The Council of the City of Maplewood, Minnesota, by a resolution ,adopted on October 8 1984, has approved a multi-family ental housing development, known as the "Maple y financing thereof . Ridge Partnership Project" and the f g pursuant P to Minnesota Statutes, Chapter . 462C; (B) It is n o w proposed that the Maple Ridge Partnership Project should be financed, together with certain other multi-family ental housing projects located in various • Y Minnesota, pursuant to a single municipalities in the State of Mln p issue of revenue bonds or obligations; (c) It is anticipated that such revenue bonds or obligations will be . structured as a "loan -to- lender" transaction with Midland Financial Savings and Loan Association of Des. Moines, Iowa acting as the "lender", and t1aat the bonds will be underwritten by Piper, Ja f fray & Hopwood Incorporated; (D) It is further proposed that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "St Paul HRA ") should issue the revenue bonds or obligations, acting on behalf of itself with respect to certain projects located within the city limits of the City. of Saint Paul, and on behalf of such other municipalities, including this City, as may approve the financing of multi-family rental housing projects located therein for financing pursuant to a joint program; (E) It appears that such an issue of bonds or obligations to finance a joint financing program will result in substantial financial benefits to the developers of the multi - family rental in developments and will accordingly assist the economic viability of such developments and will result in lower rental housing costs to the residents of such developments; 1r. Attachment 1 5 a- (F) There has been submitted to this City Council a form of Regulatory Agreement and a form of Joint Powers Agreement providing fora joint housing program and for the issuance of bonds or obligations to finance such joint housing program; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City hereby approves the financing of the Maple Ridge Partnership Project, together with certain other multi-family rental housing developments located in various municipalities in the State of Minnesota, by the issuance of a single issue of revenue bonds or obligations to be issued by the Ste Paul HRA on behalf of itself and all of such other municipalities. 2. The form of the Joint Powers Agreement submitted to this City Council is hereby approved* The Mayor and such other officers or employees of the City as may be appropriate are hereby authorized and directed to execute the Joint Powers Agreement upon execution thereof by such other municipalities or other political subdivisions as may also approve the financing of multi-family rental housing developments located in each of them for financing under the joint program. This City Council hereby authorizes and directs the Mayor and other appropriate officers and employees of the City to execute the Joint Powers Agreement with such variations, alterations, modifications or other changes as may be required to effectuate the p urposes of this resolution and are not, in the opinion of the City Attorney, materially adverse to the interests of this City. 3. The financing program for the Maple Ridge Partnership Project, together with the financing programs for the other multi- family rental housing developments to be financed under the joint program, is hereby authorized to be submitted to the Minnesota Housing Finance Agency in combined form and as may be appropriate to secure the approval of the Minnesota Housing Finance Agency to the joint program and the financing of all of the. multi - family rental housing developments to be included therein. 4. The Mayor and other appropriate officers or employees of the City are further authorized and directed to execute a Regulatory Agreement by and among the developer of the Maple Ridge Partnership Project, the City, the Trustee for the revenue bonds or obligations issued to finance the joint 0 such other parties as ma be appropriate. Such program, and su p Y � Regulatory Agreement shall be subject to the approval of the R e 9 y ain such terms and conditions. as. City Attorney, and shall cont may q be r to implement this City's policies with respect to rental housing, with respect to the payment of fees, expenses and other charges associated with revenue bond f l • P nancing, and with p Y re to an other matters which would normally be included in agreements between the City and the developer of a project financed . by revenue bonds. The ap provals and authorizations contained in this resolution are hereby made expressly subject to the execution of such Regulatory Agreement containing such terms and conditions as g Y may be acceptable to the Mayor and City Attorney. 5. Based upon the present information given to the Council at this meeting the Council hereby imposes the following P rogram participation fee: (i) an amount equal to 4$ of the principal amount of the Bonds issued: for the.Maple 1/ p P Partnership Project payable at bond closing and (i i) an Ridge P ' amount equal to 1/8% of the outstanding principal amount of the q Bonds payable annually on the anniversary date of the bonds,, B P y restrictions: In the event that subject to federal arbitrage the federal arbitrage restrictions reduce the amount of the above program participation' ' ci ation' fee the City Manager is authorized to change the program P articipation fee if he deems appropriate P 9 ram a lump sum fee aid at closing In the amount set forth in to P , P v the City's guidelines for. housing revenue bonds* e Adopted: Mayor Attest (SEAL) City Clerk 7 RHM : 12/20/84; ARK: 1/30/85 501CC JOINT POWERS AGREEMENT FOR THE METROPOLITAN AREA t4ULT I -CITY RENTAL HOUSING PROGRAM f i AGREEMENT s entered into as of the 1st day o 1985, by and between: a ' _ a a ' a a • and a "Cities" or individually, a : "Ci.ty ) . Each (collectively, the . . or housing of the municipaliti g and redevelopment authorities g naj-c�ed above in duly organized under the laws of the State of Minnesota as a mun p corp ici al ration or housing and redevelop - ment authority an pa power d has full and authority to I enter into this Agreement • pur suant t o Min-,esota Statutes, Section 471.59 and Chapter 462C. of Purp and Powers to be E xercised. 1. Stat p , There is a need in each of the Cities to preserve the quality provision and preservation of the maintenance, of life through P c to encourage adequate housing sto k, a new housing construction, g 8 Atha c [im ,,,- n t 2 and to pro v in a timely fashion affordable housing to i Y i persons of low and moderate income . In order to promote the public health, welfare and prosperity, the Cities will P .. undertake a joint program r of providing .below market interest p. rate mortgage loans to the owners of rental housing projects upon terms and conditions not otherwise generally available to such persons in the private market (the "Program ") through the issuance of the Bonds (as defined below) by the Issuer (defined below) . Th e powers to be exercised jointly under this Agreement are those identical cal powers conferred upon each City (and, i f appropriate, their designated housing and redevelopment authorities) in Minnesota Statutes, Chapter 462C (the "Act ") , and particular d in the powers to undertake programs to implement • f the housing individual components o g lan developed by and for P each City pursuant to the Act and to issue revenue bonds to finance such programs. 2. Method by Achieving Purpose; Manner of Exercisin as previously Power.. Each City h p Y resolutions evidencing P Its Intent t0 • undertake the Program and, if necessary, has by • d its housing and redevelopment authority, ordnance designated which exercises the or the,_ agency Po wers of a housing and 0 J redevelopment authority' , to exercise its powers under the Act* t to the a proval and consent of the Cities provided by Pur s uan P • d b their execution res ective resolutions and evidence y their p • shall exercise . such. powers of this Agreement below, the Cities ' approving and executing such co;nmon or jointly by adopting, aPP 5 • d a regiments as shall be co ncurrent ' re solutions , documents , an g e the Issuer, acting on its necessary or convenient to authorize own behalf and on behalf of all the cities to issue and sell • nd to ado t or execute revenue bonds to finance the Program a P • and such resolutions , documents s agreements as shall be g - manage, administer and necessary or convenient to properly • eeds of the Bonds and operate the Program utilizing the pros P _ such other funds as may be made available for use in conjunction with the Programs The Program will be stfuctured so that the proceeds of the Bonds are loaned to the Lender (defined below) to enable the Lender to make mortgage loans with respect to each of the Developments (defined below). Certain matters with respect to each Development will be governed by a Regulatory Agreement to be entered into between the developer of each Development, the City in which the Development is located, the issuer of the Bonds, the Bond trustee and the Lender. The Program shall be 1C) administered and operated in the manner otherwise managed, • eats (defined below} . provided herein and. in the Program Docum • without consent by or action Each City may act singularly, witho any of the others, pursuant to the applicable Regulatory Agreeme with respect to . the Development (defined below located in • ' n the a licable Regulatory such City to the extent provided i PP Agreement. 3* Definitions* 9 In this Agreement, unless a different . e context, the �` following terms ;Weaning clearly appears from th shall have the following respective meanings: Act: Minnesota Statutes, Chapter 462C and Section 471.59. _ Board: The Joint Powers Board created herein; Bonds $ Variable Rate Demand . The ' " Bonds (Midland Fi nanc i a 1 Purchase Rental Housing Revenu e • issued sued b to Program) Series 1985 y g finance the Program described herein. Cities: The following: a nd Progr Th housing in finance program pursuant to the he respective governing bodies of the Act, approved by t P , 11 citi and p ursuant to which the proceeds of the Bonds shall be mu lti.- family rental housing used to finance the construction of and the ma, na ement . operation eration and administration of the g resulting }portfolio of mortgage loans, D eveloper: er: The cor ration, partnership, . association, joint venture or other entity which undertakes, owns and operates . a Development. De velopments: ments: T he residential rental projects, at r � least one of which is located in each of the Cities, to be financed through the Program. Issuer: being the "City" d and empowered herein to issue sue the Bonds on its own designate P . behalf, and on behalf of all of the Cities, for the purpose of financing the Program. Lender: Midland Financial Savings and Loan n an Iowa savings and loan association. n Associat�o , g Program Documents the In enL or Lo g an Ag reement, Developer Loan Agreements, Regulatory Agreements, is Declarations of Restrictive Covenants and related agreements entered into in and other a agreements and instruments 9 connection with the Program and the Bonds* 12 4. Creation of Join Powers Board; Powers and Duties* x ' There is hereby created. a Joint P owers Board representative of . f rom each City and having the Ci . ties - consisting of one member to consult wit h advise and make the power and duty recommendations to the Issuer, and with respect to the • ' e im and to assist In t D evelopments , administration . of the Program- Members The Board shall con list of one member from 5 e appointed by the Mayor or Ci Each member shall b ppo each • Chairman of the City for Which such mem ber serves. Members of may ' cers or commissioners of the Board Y be either elected offs vidual s employed by such the city for which they serve or indi hall hold office for a City o • n a full -time basis. • Members s suc cessors are appointed and term of four years or until their suc � Vacancies shall be filled d in the manner provided qualified* . , v for a po intment • A member may be removed at any time . abo P h or without cause by the Mayor or Chairman who nominated wit him or her. Members shall receive no compensation . • shall be held at such • 5. Meetings of the Board 6. Meeting • and at such places and with such notice as the Board tunes a • quorum shall consist of shall from time to time detemerine • A q - -13 memb . A majority shall consis of e a en of a meeting. m inutes members . Matters concerning th g procedure shall be as of a . meeting , and rules of order or determined by the Board. ' rman of the Board shall be the 7. officers The Chas member thereof appointed by the issuer , The members of the their other members a Board shall elect from among officers as the Board shall deem v' ce- Chairman and such other appropr iate . g, source and Contribution of Funds; Allocation of Funds. The sour ce of f unds for the Program shall be the proceeds of the Bonds and such other prop erties and revenues as shall be loaned or contributed to or derived from the Program. " s (the ar►ount initially "lendable roceeds of the, Bond The lends p �;de sited in the Loan Fund create d b y the Indentures plus any Pa ' Developers commitment or other fees paid by whether on the date P or initial Issuance of the Bonds or .thereafter) shall be . s may b e provided by the allocated among the Developments as. y Program Documents • ' The Program shall not 9. Budget and D is burs em ents* l re wire an annual budget. Moneys and funds shall be held, 4 disbursed, and accounted for in such manner as may be app lied, - . • Prior to the termi nation of rovided in the Program Documents P . 14 _ b extent that any surplus funds are this Agreement, to the ' � � the shall be returned returned or distributed to the Cities, y • contribution. The proportion of o each in .proportion to its contribu t P accordance with the- initial contribution shall be determined in e Bonds a �. ied by the amount of the proceeds of the PP principal • t to Developments in with Lender to make mortgage loans re spec each City. 10. Liability fir Debts and O bli ations. The Board shall r not do any act or thing the effect of which is to create a • property or. revenues of the charge on or .lien against the prop y f the Program, and then only . Cities, other than the revenues o to the extent required by or .not inconsistent with the • the Issuer i indenture of trust entered Into by n connection _ wi th the issuance of the Bonds. :« • al 1 nited obligations of th e u The Bonds shall be spec i , proceeds, revenues and other. amounts Issuer payable solely frvrn pro , 1 described in the � I ndenture o f 1 edg ed thereto and more f ul y P _ Trust relating thereto. The Bonds and the interest thereon • give rise to an indebtedness, shall neither constitute nor gl . obligation or a pledge of is liability, general or moral oblig pecuniary the faith or loan of credit of the Issuer, the Cities, the • political subdivision of the above, State of M or any poll . within the g meanin of any Constitutional or statutory provisions. 15 Ag reement; Termination Unless otherwise 11• Term of ,Ag - — • rent action of the Cities, this Agreement provided by concur retirement or defeasance of the last shall terminate upon the r • outstanding Bonds. a g and this Agreement may not be terminated in ' defeasance. If the Bonds are not advance of such retirement or • terminate on 1 � 198 5 . issued, this Agreement shall term -- 12. Distribu tion of Assets u p on Termination. Upon • property acquired as the termination of this A� tee tent, any p P Y and an surplus _result of this Agreement y moneys shall be P • returned to the Cities in proportion to the contribution of each of them, or as p rovided in Section 9, hereof. 13. Representations; Ind emnit Each City hereby r Cities and to the Issuer that represents to each of the other _ P it Will undertake any and all actions necessary or desirable to and enforceability of the Bonds, and to assure the validity _ assure and preserve the tax - exempt status of the Bonds, or as to enforce the requirements of federal or may be required . • h Develop merit located within such. Minnesota law applicable ab 1 e to the C provided that an - neither of the Cities nor the Board may Y • issuer suer to take any action or cause or direct or compel the i _ _ _ . ' take an compel the Issuer to fail to Y action that in the o reasonable judgment f the I s suer would impair the validity or adversely affect or impair the enforceability of the Bonds or Y tax exempt status of the Bonds. I 18' agrees to indemnify and hold each other Each City further ag Y • - Issuer harmless from any and all losses, City, including the Issu , reasonable attorney' s a damages, costs and expenses (including fees) incurred or suffered d b such other City, including the Issuer, v+n p with respect to the Bonds, the Developments and the • . Program, subject however, to the further limitations set forth • indemnity emnit obl i ation h City with .of each in this paragraph . the i y 9 . respect to matters arising from particular Developments shall be limited in that each y ch Cit shall be obligated hereunder to the Issuer and the other Cities only to the extent that losses, damages, costs or expenses are caused by the Development(s) located within the jurisdiction of the indemnitor. With ' rectl .respect to matters not directly attributable to a particular Ci Development, each shall be obligated to indemnify the ' r the Issuer only in proportion to the other Cities o Y • contribution as . � nd e�nni for s cont provided in Section 9 hereof z P 14. Am endments. . This Agreement may be amended by the No amendment may impair the rights of the cities at any t line - holde r s of the Bonds, unless they have consented to such -, n n dment in the manner provided for amendment of the a� e Indenture. 17 IN WITNESS WHEREOF, each of the Cities and the Issuer • executed on its behalf by its have caused this Agreement to be e duly authorized of fi cers and the seal of said City or the fixed and dul attested, all as of the Issuer to be hereunto affixed duly Y day and year first above written. [SIGNATURE BLOCK FOR EACH CITY] 18 ACKN O'W'LE DGM ENT A14D ACCEPTANCE [ACKNOWLEDGEMENT AND SIGNATURE BLOCK FOR EACH CITY WHICH IS ACTING BY AND THROUGH ITS HOUSING AND REDEVELOPMENT AUTHORITY] 19 n � 568K ARK: 1/25/85 REGULATORY AGREEMENT By and Among Name of Issuer of Minnesota Multi -City Rental Housing Bonds) Name of City In which Development is located (and/or name of Housing and Redevelopment Authority in and for the City in which Development is located)) and MIDLALJD FINANCIAL SAVINGS AND LOAN ASSOCIATION and Name of Developer and ( Naune of Trustee) Dated as of i 1985 This instrument drafted by: Briggs and Morgan Professional Association St. Paul Minnesota 20 Attachment 3 TABLE OF CONTENTS Section 1. Definitions and Interpretation Section 2. Acquisition, Construction and Completion. of the Development.' Section 3. Federal Requirements; Residential Rental Property Section 4. Operation of the Residential Rental Project Section 5. Multifamily Housing Development; Compliance With Certain.State Statutory Requirements Section 69 Compliance with Certain Municipal Requirements Section 7. Tax Exempt Status of Bonds Section S. Indemnification of Issuer, City and Trustee Section 9. Consideration Section 10. Reliance Section ll. Development in the City of Section 12. Sale or Transfer of Development Section 13. Involuntary Loss or Substantial Destruction ` Section 14. Term Section 15. Events of Default; Enforcement Section 16. Governing . Law Section.17. Amendments PAGE 3 0 12 13 14 15 16 17 18 13 19 19 19 20 20 22 22 2V w • Section 180 Section 19. Section 200 Signatures Exhibit A: Exhibit B: Exhibit C: Notice Seve rab i l i. ty Multiple Counterparts scri tion of Land on which Legal De p Development is Located Description of Development Municipal Requirements .1 23 24 24 24 -27 "22 THIS REGULATORY AGREEMENT is made and entered into as of 1, 1985, by and among (the and litic un er the laws of the Issuer a y corporate Po State of Minnesota, ' (the "Cit , duly organized under the laws of the Min nesota Y State of Minnesota as a municipal corporation or housing and redevelopment authority, (the "Trustee"), ,a duly organized, existing and authorized corporation having its principal offices in Midland Financial Savings and Loan Association, Des Moines , Iowa, an Iowa savings and loan association (the "Lender ") and ' a Minnesota (the "Developer"). PREAMBLE WHEREAS the Issuer has heretofore been designated by [list C ities or housing and redevelopment authorities] th e "Cities ") pursuant to a Joint Powers Agree- ment dated as of 1., _1985 b y (collectivelys - and between the - Issuer and the Citie - s to adopt and implement a rental housing development revenue bond pool program ithe "Program" ) under which the Issuer will make a loan to a financial institution to enable the financial institution to make mortgage loans to provide financing for multifamily rental residential P develo ments the Cities, including the City executing this A g teement, to be occupied partially by persons of low income within the meaning of Section 103(b) (12) (C) of the Internal R evenue Code of 1954, as amended (the "Code"), and to be acquired and constructed, and occupied in conformance with the requirements of Minnesota Statutes Chapter 462C (the "Housing and in conformance .with the provisions of Section Act"), 103( b (4) (A) of the Code and the regulations promulgated ) all for the public purpose of assisting persons of thereunder, u p. obtain decent, safe low and moderate income within the City to and sanitary housing at rentals they can afford; and WHEREAS the Issuer has issued, sold and delivered is Variable Rate Monthly Demand Bonds, Series 1935 -_ a multi " Rental Housing program) ( the "Bonds ) in (Minnesot y theaggregate principal amount of $ pursuant to an .dated as of 198 5 , by and Indenture of Trust between the Issuer and the Trustee (the "Indenture ") to obtain moneys to carry ut the Program, to establish certain reserves Y 23 for the benefit of the holders of the Bonds, and to pay costs the s of issuing the Bonds, all under and in accordance with the Constitution and laws of the State of Minnesota; and WHEREAS, in order to implement the Program, , the Lender, simultaneously with the execution and Issuer and the , delivery of the Indenture, entered into a Lender Loa thereinafter defined) pursuant . to n Agreement deli y which the Issuer- agreed to make , and g the Lender agreed- to accept, a loan in the principal amount of $ to enable the Lender to make mortgage ve o Loans ") to provide financing for loans (the De P er q ualifying multifamily rental residential developments, Y 9 including the Development hereinafter defined) described in Exhibit -8 attached hereto, which Development is located on the land described in Exhibit A hereto; and 11HEREAS, the Indenture and the Lender Loan Agreement require, as a condition of making the Developer Loan, the execution and delivery of this Regulatory Agreement.; THERE , and AS in order to satisfy such requirement, the Issuer the Cit , the Lender, the Trustee and the Developer Y have determined to enter into this Regulatory Agreement to set forth certain terms and conditions relating to the construction q and /or acquisition and rehabilitation and operation of the Development; NOW THEREFORE, in consideration of the mutual and undertakings set forth herein, and other good and covenants n 9 'deration the receipt and sufficiency of which is valuable cons i g acknowled ed, the Issuer, the City, the Lender, the hereby Trustee and the Developer -do hereby contract and agree as follows: 24 AGREEMENT Section 1.. Definitions and interpreta Unless otherwise expressly provided herein or unless the context arl requires otherwise, the following terms shall have the cle y q . respective meanie s set forth below for all purposes of this g Regulatory Agreement: "Act" shall mean the pertinent provisions of Minnesota Statutes, Chapters 462, 462A, 462C and 475, as amencled. "Adjusted ed Income" shall mean the adjusted gross i income of a person or family, determined in accordance with Exhibit G to the Declaration and in any event in a manner consistent with determinations of the income of lower - income. families flies under Section 8 of the United States Housing Act of 1937 and the regulations promulgated thereunder as in effect on the date hereof . Af filiated Party" of a persona shall mean a person whose relationship to such other person is such that (i) the relationship between such persons would result in a a isallowance of losses under Section 267 or 707(b) of the Code or (ii) such persons are members of the same controlled group P of corporations (as defined in Section 1563(a) of the Code, ex cevt that "more than 50 percent" shall be substituted for at .east 80 P ercent" each place it appears therein) 49 "Bond Counsel" means an attorney at law or a firm of me s acceptable to the Issue Y P atto r and the Trustee, experienced in matters pertaining to the tax-exempt financing of rental housing and duly admitted to the practice of law of the United States of the highest court of any state before g America or of the District of Columbia. "Bonds" shall mean the Issuer s $ Variable Rate Monthly Demand Bonds, Series 1985 (Minnesot.&Multi-City Rental Housing Program)* "Certification Year" means, with respect to any Lower - Income Tenant or Qualifying Tenant, the twelve -month period which begins on earlier of (i) the first date on which such Tenant first occupies a residential unit in the Development on a rental basis subsequent to the first date upon which such residential unit shall be available for-rental subsequent to an acqui su bse sition, construction or rehabilitation q Y 25 financed in whole or in part from proceeds of the Developer Note; or (ii) the date on which such Tenant signs a lease with respect to a residential unit in the Development. "city" shall mean the City of , Minnesota in which the Development is located, or the housing and redevelop- ment authority in and for the City or in and for the County in which the City is located that is designated to act on behalf of the City in administering the Program with respect to the Development in the City. "Code" shall mean the Internal Revenue Code of 1954, as amended and an f ina 1, temporary or proposed regulations promulgated thereunder. "Commitment Fee" means the commitment or origination fee payable able by the Developer to Lender in connection with Lender's commit.ment to make the Developer Loan as more fully provided in the Developer Loan Agreement* - - "Completion Certificate" shall mean the certificate of com P letion of the Development required by Section 2 of this Regulatory Agreement to be delivered to the Issuer, the City and the Trustee by the Lender and the Developer. "Completion Date" shall mean the date of substantial completion or rehabilitation of the Development as set forth in the Completion Certif icate. "Declaration" shall mean the Declaration of Restrictive Covenants of even date herewith executed by the Developer as "Declarant" and constituting a covenant and restriction with regard to the Development. "Delivery Date" shal 1 mean the date of delivery of Bonds to the initial purchaser or purchasers thereof . "Designated Development Area" means a "targeted area" as defined in Minnesota Statutes, Section 462C.02, Subdivision 9, as amended. "Developer" shall mean • a Minnesota and its successors and assigns. "Developer shall mean the loan to be made by the Lender to the Developer pursuant to the Developer Loan Agree - ment to provide financing for the Development. "Developer Loan Agreement" shall mean the Developer Loan _ P Agreement of even date herewith "between the Lender and the among other things, for the Developer Develop er providing, Loan* Developer L oan Documents means this Regulatory Agreements the Developer Loan Agreement, the .Declaration, Developer Note and related instruments. Mo rtgages Development shall hall mean the multifamily residential • be acquired and ental project to constructed by the Developer g � attached to be located on the .Land described in Exhibit A as detailed in Exhibit B attached hereto which shall hereto and be o wned and operated as a multi- family rental • housing development under the Housing Act and as a residential rental ro 'ect within the meaning of Treasury Regulation Section p 1.103-8 issued under Section 103(b) (4) (A) of the Code. Developme n t Costs" shall have the meaning .assigned to it in the Indenture and the Developer Loan Agreement. Housing Act" means Minnesota Statutes Chapter 462C, as amended. United States " HUD" means the U Dep artment of Housing and P Urban Development, or only successor to its functions. " shall mean that certain Indenture of Trust Indenture Y d \ ated as of 1, 1985, by and between the Issuer Trustee, pursuant to which t'ne Bonds are issued and and.. the P secured. ser" means an appraiser certified " Independent Appraiser ied as a P Member PP of the Appraiser's Institute ( "MAI ") and qualified to _ multifamily residential rental property under the laws appraise multifamily of Minnesota and who is not a full -time employee of the Issuer, the City, the Lender or the Developer, and who shall be reasonably satisfactory to the Trustee. Issuer" shall mean y cor a body orate and politic under the laws of the State o f P _ _ Minnesota. - "Lender" shall mean Midland Financial Savings and Loan Association, Des Moines, Iowa, an Iowa savings and loan association. 27 "Lender Loan" shall mean the loan to the Lender by the issuer in the principal amount o $ provided for in Iss f P . the Lender Loan Agreement* Lender Loan Agreement" shall mean the agreement of even date herewith between the Issuer.and the Lender and accepted by the Trustee, providing for, among other things, the Lender Loan "Lower- Income Tenants" shall mean and include individuals or families with Adjusted Family Income calculated in the mann er prescribed in Treasury Regulations Section 1.167(k) - 3( b )( 3 as it shall be in effect on the Delivery Date, which ) does not exceed eighty.percent (80 %) of the median gross income for the statistical area which includes the City, determined in a Manner consistent with determinations of median gross income made under the leased housing program. established under Section 8 of the United States Housing Act of 1937 , as amended as of Delivery Dates In no event, however, will the occupants of the y a unit be considered to be of low or moderate income if all the occupants are students, no one of which is entitled to file a joint return. "MAI Appraisal" shall mean a written real estate appraisal A by an appraiser who is a certified Member of the Appraiser's Institute. ("MAI 18) • "Moderate Income Tenants" shall mean persons or families with Adjusted usted Income (calculated as set forth in the Declaration) which does not exceed the greater of. (i.) 110% of the median family income estimated by HUD for the area which includes the y • City or (ii) 100% of the income-limits established by the Minnesota Housing Finance Agency (or any successor thereto) . for its owner - occupied housing programs with mortgage loan interest rates substantially equivalent to the interest rate borne by the Developer Loan. • "Mort g 9 a e" shall mean that certain Mortgage, Security Agreement, and Fixture Financing Statement dated as of 1, 1985, granting a mortgage on and security the land buildings s and equipment comprising the interest in g Developments made from the Developer to the Lender., and securing the repayment of. the Developer Loans "Pro g ram" shall mean the Issuer's Minnesota Multi -City Rental Housing Development Revenue Bond Pool Programs as set forth in the Indenture, the Lender Loan Agreement, this Agreement and the Declaration.. 24. "Qualified ied Pro ' ect Costs" shall mean any amount paid for Q � the following ollowin costs, but only to the extent that (i) such costs not aid or incurred by the Developer prior to 198 the da t e were p o f the first official action by _, City approving the financing program for the Development, the C y pp g (ii) sts are chargeable to the Development's capital such co be so chargeable either with a proper election account or would g er to deduct b the owner or but For proper election by the own y such costs, within the meaning of Treasury Regulation Section 1..103 -8 (a) (1and if charged to the Development s capital account are deducted only through an allowance for depreciation, and (iii) such costs are made exclusively with respect to residential units or functionally related and subordinate facilities thereto: the costs of architectural and engineering (a) services related to the Development, including with out limitations the costs of preparation of studies, surveys, reports, tests Tans . and specifications; p , (b) the costs of leg Al,' al accounting, marketing and other special services related to the Development; (c) fees and charges incurred in connection with applications to federal, state and local governmental agencies for an requisite approach approvals or permits g y regarding the acquisition and cons truction of the Development; ( d) costs incurred in connection with the acquisition of the site for the Development, including wa m -any necessary y Y ri hts -of - , easeents . or other interests in real or personal property; (e) costs incurred in connection with the acquisition, construction, .improvement, rehabilitation or extension of the buildings, structures and facilities comprising the Development; (f) costs incurred in connection . with the acquisition and installation of any machines, equipment, appliances, fixtures, appurtenances or personal property of an kind or nature (including equipment for cooking, heating and refrigeration) Y which are to comprise a part , of the Development; 29 (g) interest on the Developer Note accruing prior to and upon the Completion Date; ( h) P amounts aid to the Lender as comnnitment fees, origination fees or disbursement.fees; and (i) other costs and expenses relating to the Development which are incurred for the purpose of providing multifamily residential rental property and functionally related and subordinate thereto, all of which costs are hereby deemed appropriate by the Issuer to effectuate the purposes of the Housing ?pct. "Qualified Project Period" means a period beginning on the later of (a) the first day on which at least 10 percent of the residential units in the Development are first occupied or (b) the Delivery Date, and ending on the later of the date (x) Which is 10 years after the date on which at least 50 percent 0 f ' the residential units in the Development are first occupied; ( �r ) which is a Qualified Number of Days after the date on which any of the residential units in the Development is first occupied; or (Z) on which any assistance provided with respect to the Development Under Section 8 of the 1Jni. ted States Housing A ct of 1937 terminates. ".Qualified Number of Days" means 50 p ercent of the total number of days comprising the longest term of an Bond, or in the case of a refunding of the Bonds, 50 percent of the sum of the period the Bonds were outstanding plus the longest term of any refunding obligation* h "Regulatory Agreement" shall mean this Regulatory Agreement among t b and the Is suer, the City, the Developer, the 8 Lender and the Trustee pertaining to the Development "Trustee" shall mean ' i - -� and its successors in trus -t under the Indenture. - text clearly Unless the con Y otherwise, words of q the masculine gender shall be construed to. include correlative wards of the feminine and neuter genders and vice versa, and words 9 of the singular number shall be construed to include = correlative words of the plural number and vice , versa. This Regulatory Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. - 30 "' _ The terms and phrases used in the recitals of this Regulatory Agreement have been included for convenience of g y 9 reference only and the meaning, construction and interpretation of all such terms and phrases for purposes of this Regulatory Agreement shall be determined by references to this Section. The titles and headings of the sections of this Regulatory A reement have been inserted for convenience or. reference only g p and are not to be considered a art hereof, and shall not in any way modify or restrict any of the terms or provisions hereof Y y iven an ing and shall never be considered or g y effect in constru this Regulatory lator Agreement or any provision hereof or in g Y ascertaining intent, if any question of intent shall arise. Section 2. Acquisition, Construction an Completion of the Development The Developer hereby represents, covenants and agrees as follows: (a) the Developer has incurred or will incur within six months from the date hereof a substantial binding obligation to continence construction and acquisition of the Development, pursuant to which the Developer is obligated to expend at least the lesser of $1.00 , 000 or two and one -half percent (2 1/2%) of the portion of the total cost of such construction and acquisition expected to be financed with proceeds of the Bonds; (b) the Developer reasonably expects that the total cost of acquisition and construction of the Development, the of such cost to be financed from proceeds of the Developer Note, and the use and application of such funds, will be in approximately the amounts set forth in Exhibit 8 attached hereto under the heading "Anticipated Total Development cost"; (c) th p e Develo er has commenced the construction and acquisition of the Development or will commence . the same within thirty (30) days after the date hereof, and will proceed with due diligence to (i) complete the Development and (ii) draw down the amount to be disbursed under the Developer Loan; and 31 (d) the Developer reasonably expects to complete the construction or rehabilitation or acquisition and rehabilitation of the Development and to expend the full amount of the P roceeds of the Developer Loan not later than 1, 198 and (e) there are no buildings or structures which are proximate to the Development other than (i) those buildings or structures which comprise the Development or (ii) buildings or .structures being constructed by the Developer for sale to owners and not included within the real property described in Exhibit A. f ) the Development (i) has not been acquired C with Bond proceeds from an Affiliated Party, and' (ii) wil 1 not be retrans ferred to the entity from which it was acquired, or to an • Y entity Affiliated Party of such y P rior - to or.. on the fifth anniversary of the execution of the Developer Loan T)ocuments; and a reasonably expected economic life the average g • ' of the facilities to be financed with the i proceeds of the Bonds, as of the first date upon which any residential unit of the Project shall be available for rental to any member of the general public subsequent to an y acquisitions uisitions construction or rehabilita. or in art from tion f financed in whole p proceeds of the Developer Note, calculated in conformance with the provisions of Section 10 3 ( b) ( 14 ) of the Code, will not be less than years The Developer hereby further represents, covenants and agrees as follows: (a) the financing by the Issuer and Lender shall induce the Developer to construct, acquire and install the Project. The Developer did not enter into any binding agreements to undertake the Project or any portion thereof prior to 198_ (other than an option contract or executory contract with respect to the purchase of. real estate, 32 pursuant to which neither title nor the benefits and burdens of ownership had passed to the Developer prior to 198 ) , the date of the f first of ficial action by the City approving the Program; (b) that substantially all (i.e. not less than 90$ of the proceeds of the Developer Loan shall be applied to pay or reimburse Qualified Project Costs and no more. than 10% of the proceeds of the Developer Loan have been applied to pay or reimburse other than Qualified Project Costs; th at the Developer shall submit to the Lender (c) prior to or upon the date of each disburse- ment under the Developer Loan, a statement certifying that substantially all of the amount of such disbursement, together with the aggregate amount of all prior advances, will be applied, or has been applied to pay or reimburse costs or expenses consisting of Oualif ied Project Costs; and- (d) that, upon the completion of the Development, the Developer shall submit to the Issuer and the Trustee, a Completion Certificate containing the following: (i) the Developer's statement that. the Development has been "t substantially completed and is ready and available for occupancy as of a specified date (which shall be' the Completion Date) ; (ii) the Developer's statement, confirmed by the Lender, of the aggregate amount disbursed under the Developer Loan Agreement prior to and upon the Completion Date_; and (iii) the Developer's certification that substantially all (ioee 90 %) of the proceeds of the Developer Loan have been applied to pay or reimburse Qualified Project Costs and that less than 10% of the proceeds of the Developer Loan have been applied to pay or reimburse costs or expenses other than Development Costs; and 3� (e) that, upon any prepayment of the Developer Note; the Developer will submit to the Trustee a written , notice of. such prepayment, stating the amount and date of such prepayment and the amount remaining I unpaid on the Developer Note Section 3. Federal Requirements; Residential Rental Property For the Qurpose of compliance with Section 103(b)(4)(A) of the Code, the Developer represents, warrants and agrees that: (a) At no time will either the Developer or any Affiliated Party occupy a unit in the Development other than units occupied or to be occupied by agents, employees or representatives of the Developer and reasonably required for the proper maintenance or management of the Development; (b) The Development shall consist of a building - ar structure or proximate buildings or structures, (i) each containing one or more similarly constructed residential units which are to be used on other than a transient basis and any facilities which are functionally related and subordinate to such units within the meaning of Section 103(b)(4)(A) of the Code, (ii) each unit in the Development is to be rented or available for rental on a continuous basis to members of the general public in accordance with the requirements of Section 103(b)(4)(A); and (ii).substantially all (not less than 90 percent) of the Development will consist of residential rental housing facilities and facilities functionally related and subordinate thereto; (c) The Development consists of a single "Project," and for this purpose, proximate buildings or structures are part of the same project only if owned for federal income tax purposes by the same person and if the buildings are financed pursuant to a common plan. Buildings or structures are proximate 34 if they are all located on a single parcel of land or several parcels of land which are contiguous except for the interposition of a road, street, stream or similar property; 'the Development shall not include any (d) facility to be used as -a hotel, motel dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium, rest home, or trailer park or court; (e) The Development does not include any building or structure which contains fewer than five units, one of which is occupied by an owner of the units; f Each dwelling unit in the Development shall � ) consist of separate and complete facilities living, sleeping, eating, cooking and - for 3 p sanitation for a single person or family. Section 4. O eration of the Residential R ental Probe ct .. The Issuer,' the City and the Developer hereby declare understandin and intent that the Development is to be their g ed and operated, for so long as the Bonds remain g P outstan u din and aid under the Indenture but in any event for P Qualified Pro Period, as a of rental project if the Q � b 4 A o f the Code . such phrase is util i2�'d in Section 103 C ) C ) C ) as P her r e p resents, .covenants and To that end, the Developer her y agrees that the Development shall be operated as required by the Declaration, and accordingly, the Developer shall lease units in the Development only as permitted by the Declaration and shall file and Cif required) record all instruments or certificates at the times and in the Places required by the Declaration. In addition: Once each unit in the Development is available ( a) f or occupancy, such unit will be rented or available for p anc Y r rental to the general public on a continuous basis for the longer of the Qualified Project Period or while the Bonds remain outstanding provided that. . (i) the Developer will rent units to Lower-Income Tenants such that at all times during the Qualified Project Period, at least 20 percent of the completed residential units in the Development (or 15% of the completed residential units in the Development if and 35 for so long "targeted the Development is, as defined becomes, a targeted area project" in Treasury Regulation X1.103- 8(b)(5)(iii) under Section 103(b)(4)(A) of the Code) will be occupied (withi meaning of Treasury Regulation Section §1.103-,B(b)(5)(ii) under Section 103(b)(4)(A) of te Code) by Lower-income Tenants, all as required and more fully set forth herein and in the. t)eclaration; C the Developer; will comply with all f edera 1, state and local laws , regulation, rules and ordinances prohibiting discrimination in the rental of residential property ' tial units in the Development (b) none of the resider is. and ...- shall at any time be utilized on a transient bas • t nor any .portion thereof shall ever -- neither the Development , it house, a 'hotel, motel dorms tory , f rate rn y be used as • min house, hospital, nursing home, sorority. house, rooming sanitariums rest home or trailer par k or court. Section 5• Multifamil ousing Development; Compliance With Certain State Statutory Req uirements. C ity and the Developer hereby declare The Issuer, i C Y ment ( 1 ) d agreement that the Develop their understanding, intent an g �� ifamil housing • managed and operated as a mu It y is to be owned, g defined in Minnesota Statutes, o " as such term is shall devel opments p • bdivision 5, and that the Development Section 462C .02, Sub in conformance ' res e nce with the in be operated all p usin Act, for so long as requirements. and provisions of the Tio g • main 'outstanding and unpaid under the any of the Bonds re a Indenture. Therefore, Developer r p resents, covenants and agrees as follows: with all ( a) The Development upon completion shall comply ode re uirements of the C ity; applicable building c q (b) at all t at lea twenty percent (2Q$) of the com leted residential ident i.a 1 units in the Develo p ment shall p ' or held for occupancy by Lower- Income be occupied T enants; and, if , as , indicated in Exhibit B hereto, • is not located in a targeted area the Development . as that term is defined in Sect ion 46 2C .0 2 Subd . 9, 36 at all times at least seventy -five percent (75 %) of the completed residential units in the Development shall be occupied or held for occupancy by Moderate Income Tenants (which includes Lower Income Tenants); th at no residential unit in the Development shall, as (c) of the date of completion of the Development have an appraised value in excess of four times 110% of the e d • most recently median family income then Y P ubl i shed by HUD for the ' area which includes the City; P (d) to manage and operate the Project as a multi - family rental housing development within the.meaning of the Housing Act; and (e) to observe and perform all of the obligations of the "Declarant" under the , Declaration. Section 60 Compliance with* Certain Munici al = q R a uirements . The Is suer, the City and the Developer hereby recognize that the City (or housing and redevelopment authority re co g actin in and far the City or in designated by the City and g , and for the County in which the City is located) may have certain municipal or other local prerequisites, requirements, fees and provisions, either in municipal ordinance, City or housing and redevelopment authority policies, or otherwise, applicable to P the ownership, management and operation of multi- family housing developments located in the City or in the County in which the Cit y is located, all or set forth in Exhibit C hereto. The Issuer, the Cit ' and the Developer hereby declare their under- . g Y standin , intent and agreement that. the Development shall be rnana ed and o erated in all respects in conformance.with owned, g P . such municipal requirements set forth in Exhibit C for so long P as any of the Bonds remain outstanding and unpaid under the Indenture, or for such longer time as may be necessary to preserve the tax exempt status of the Bonds . Therefore, Developer represents, covenants and agrees as follows: Ca) to observe and perform all obligations of the Developer, if any, as set forth in Exhibit C hereto; (b) that the acquisition, construction and /or rehabilitation of the Development, and the Developer velo u completion, and the operation upon P thereof, shall comply with all municipal requirements of the City (and/orhousing and redevelopment authority designated by the City) as set forth in Exhibit C and elsewhere herein. 37 S ection 7* Tax Exempt Status o Bonds* (1) The Issuer hereby represents, covenants and agrees as follows that the Issuer will not knowingly take, (a) t fail to take, or permit any action that would adversely affect the exclusion from federal income taxation of the interest on the Bonds and, if it should d take fail to take, or permit any such action, the Issuer shall take all lawful actions that it can take to rescind or perform such actions promp u po n having knowledge thereof; P Y Po and (b), that the Issuer will take such action or actions, including consenting to an amendment of the Developer Loan Documents, as may be necessary • • Counsel to comply fu in the opinion of Bond fully C with applicable rules,.rulings,regulations, Po procedures rocedures or other official statements promulgated or proposed by the Department of the Treasury or the Internal Revenue Service . ertainin to obligations issued under Section P g 103(b) (4) (A) of the C ode. (2) follows: the Ci will not knowingly take, (a) that y fail to take, or permit any action that would adversely affect the exclusion f coin federal income taxation of the interest on the Bonds and, if it should take, fail to take, or permit any such actions the City hall take all lawful act Y that it can take to rescind or perform such actions promptly upon having knowledge thereof; P Y and The e hereby represents, covenants and agrees as (� b that the City will take such action or actions including consenting to an amend of = the Develop Loan Documents, as may be necessary • • p • Cou nsel to Comply fu in the opinion of Bond Cou P Y ful ly wi th all a PP licable rules , rulings, regulat policies, procedures rocedures or other official statements promulgated ated or proposed by the Departi of the P Treasury or the Internal Revenue Service • p ertaining ertainin to obligations issued under Section 103(b) (4) (A) of the Code. M y (3) The Developer hereby covenants, represents and agrees as follows (a) that the Developer will not knowingly take, fail to take, or permit any action that would adversely affect the exclusion from federal income taxation of the interest on the Bonds and, if it should take, fail to take, or permit any such action, . the Developer shall take all lawful actions that it can take to rescind or perform such action promptly upon having knowledge thereof; and (b) that the Developer will take such action or actions, including amendment of the Developer Loan Documents, as may be necessary, in the opinion of Bond Counsel to comply fully with all applicable rules, rulings, regulations, policies, procedures or other official statements promulgated or proposed by ..the Department. of the Treasury or the Internal Revenue Service pertaining to obligations issued under Section 103 (b) (4) (A) of the Code, and will promptly provide to the Issuer, the City, the Trustee and to designated Bond Counsel any and all information necessary, in the opinion of Bond Counsel, to comply with any reporting requirements pertaining to obligations issued under Section 103 (b) (4) (A) of the Code, and to promptly -notify the Issuer, the City, the Trustee and designated Bond Counsel should any information so provided become in any way inaccurate or incomplete, and promptly supply the additional 1 information necessary to render the information supplied accurate and complete in all respects. Section 8. Indemnification of Issuer, City and Trustee The Developer shall indemnify and hold harmless the Issuer, the City and the Trustee and their officers, directors, employees and agents, f rorn and against (A) any and all claims arising from any cause whatsoever in connection with the Developer Loan Documents or the Development; (B) any and all claims arising from any act or ommission of the Developer or any of its agents, servants, employees, or licensees in connection with the Developer Loan Documents or the Developer; (C) any false or untrue statement or alleged false or untrue statement of a material fact contained in the preliminary Official Statement or Official Statement or ot7ner offering 39 t • the sale of the Bonds or a material relating to rising out of or tate therein a based on any omission or alleged ommission to s material fact required to be stated therein or necessary to make the statements therein not. misleading; and (D) all costs, counsel f ees expenses, and liabilities incurred in connection p • an such claim or proceeding brought with respect to any with y thereof. If an action or proceeding is, brought against the Issuer., C y it or the Trustee, as the case may be, or any of p their respective officers, directors, officials or employees respect to which indemnity may be sought hereunder, the with upon written notice from the indemnified party, Develop er po shall assume the investigation and defense thereof, including P Ym the ern to ent of counsel acceptable to the Issuer, the City or a the Trustee, as the case stay be and the P Ym ent of all The indemnified party shall have the right to employ expenses. Th , separate counsel in any such action or proceeding and to participation and defense thereof, but, unless such separate counsel is employed with the approval and consent of the Developer, P the Developer shall not be required to pay the fees and expenses of such separate counsel. Section 9e Consideration* The Issuer and the City have determined to adopt and implement the Program and the Issuer has determined to issue the Bonds to obtain .moneys to g carry out the Program for the purpose, among others, of inducing P the Developer to acquire, construct and operate the Develop Development to provide additional decent, safe and sanitary rental ho g housing for persons of low and moderate income in the City* In co • consideration of the adoption and implementation of b the City and the Issuer and the issuance of the the Program y y Bonds by the issuer, the Developer has entered into this Regulatory Agreement and the Declaration. ' Reliance . The Is suer, the _City and the Section 10 R hereby recognize and agree that the representations Developer he Y °`3 and covenants set forth herein may be relied up on by all persons i nterested in the legality.and validity of the Bonds and in the exemption from federal income taxation of the interest t on the Bonds. In performing their duties and obligations tions hereunder, . the Issuer, the City and the Trustee may P rely upon statements and certificates of the Developer, = Lower-Income Tenants or Moderate Inc ome Tenants believed to be genuine and to have been executed by the proper person or persons, ns and upon audits of the books and records' of the Developer pertaining ertaining to .occupancy of the Development. In addition, the I ssuer • the City nd the Trustee may consult with Y 40 P counsel, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken en or suffered by the Is suer or the City or the Trustee _ hereunder in .good ood faith and in conformity with the opinion of such counsel. Section 119 rievelo ment in the'Cit of The Developer hereby represents and warrants rnent will be located entirely within the that the Develop . territorial limits of the City. Section 12. Sale or Transfer of Deve rnent. The Developer hereby covenants and agrees not to sell, tr or otherwise dispose of the Development without obtaining the prior written consents of the Issuer and the City, which consents shall be conditioned solely upon receipt of evidence satisfactory atisfactor to the Issuer and the City that the purchaser or transferee of the Development has assumed in writing and in full the. Developer's duties and obligations under this Regulatory Agreement and the Declaration and upon an opinion of Bond Counsel to the affect that such sale, transfer, or P dis osition will not adversely affect the exclusion from federal income taxation of the interest on the Bonds* It is expressly stipulated and agree hereby expr Y d that any sale, transfer P or other disposition of the Developme nt in violation of this S ection shall be null,. void and without effect, shall cause a r eversion of title to the Developer in accordance with the Declar and shall be ineffective to relieve the Developer of its obligations under this Regulatory Agreement. Nothing in this Section 12 shall be construed to limit the right of the Developer to sell limited partnership interests in itself . Section 13. Involuntary Loss or Subst antial tion. Upon evidence satisfactory to the Issuer and the Destruc p City �' that compliance with the provisions hereof is no longer possible due to an involuntary loss or the substantial des truction of the Development as a result of unforeseen events ( e.g., fire, seizure, requisition, foreclosure, condemnation, transfer of title b deed in lieu of foreclosure, or a change i n a federal law or action by a federal agency after the Delivery Da to which shall prevent the Issuer from_ enforcing the provisions hereof) even though compensated by insurance, the Developments ] hall not be subject to the terms and provisions of this Regulatory Agreement provided that (i) the Bonds are g Y immediately mmediatel retired, or (ii) an opinion from Bona Counsel is received stating P ' that noncompliance with the provisions he 41 h i nvoluntary loss or substantial destruction as a result of suc r 9 adversely affect resulting from an unforeseen event will not ad y ion from federal income taxation of the interest on the exclus ii i � the Lender or another person acceptable to the Bon ds or t obligations the Issuer unconditionally assumes in writing g . hereunder and under the Declaration and ( i a of the Developer_ Declaration is correspondin termination or amendment of the erein. This Section 1 effectuated as provided th 3 shall not be deemed to restrict or prohibit Developer from using the y proceeds of an insurance received as a result of casualty loss air the Development as required or permitted to restore and rep by the Developer Loan Documents, from insurance p roceeds or otherwise, and in such case this Regulatory Ag reement shall remain in full force and effect. Provided further, however, that subsequent to an event of involuntary loss as a result of foreclosure, transfer of title in lieu of foreclosure or any • if at an time the Developer or an Affiliated similar event, Y Party shall acquire an ownership interest (for federal income in. the Development subsequent to such event, the tax purposes . Development will immediately become subject to the provisions P of this Reg ulatory Agreement and the terms and provisions f the Declaration shall remain in force and effect hereof and o a 1 as though the provisions hereof had never ce ased to pp Y to the Development* The terms and of this Section 14 • Term � p Regulatory g A reement shall become effective upon its execution and delivery. Exc e p t as otherwise provided in this Section and as otherwise provided in Section 4 hereof, this Regulatory - 1 se Agreement shall remain in full force and effect for as long as outstanding and unpaid u any Bonds are 9 der the Indenture or for the Qualified Project Period, whichever is longer. It is agreed and understood that the provisions hereof are expressly g t' he intended to survive t•he expiration or payment of the Lender Loan and the Developer Loan. Not withstanding withstandin any other provisions of this Regula- tort' Agreement, this entire Agreement, or any of the provisions or Sectlo ns hereof, may be terminated upon agreement by the Issuer, the City, the Lender, the Trustee and the Developer i been received an opinion of Bond Counsel that such ter urination will not adversely affect the exclusion from federal income taxation of the interest on the Bonds* Section 15 . Events of Default; Enforcement. Upon discovery by or notification to the Issuer or the City or the Lender of an default in the performance or observance of any y covenant, agreement i or obligation of the Developer set forth n 42 this Regulatory Agreement or the Declaration, the Issuer or City • or Lender shall promptly notify the Developer in writing of the existence and nature of such default. If the Developer defaults in the performance or observance of any covenant, agreement or obligation of the Developer set forth in this Regulatory g Agreement or the Declaration, and if such defau remains uncured for a period of thirty (30) days after notice thereof shall have been given by the Issuer or City or Lender to the D p Developers with a copy of such notice to the others (or for a er period after such notice if such default is long p c urable but requires acts to be done or conditions to be remedies which, b their nature, cannot be done or remedied within such 30 -day period and if the Developer commences same wi thin - such 30 period and thereafter diligently and continuously prosecutes rosecutes the. same to completion), then the I ssuer Cit , Trustee or Lender may, and in the case of a Y !T de fault affecting the taxability of interest.on the Bonds, sha ll, declare that the Developer is in default hereunder and under the Declaration and may, in ad dition to remedies available under the Indenture and Lender der Loan Agreement, take any one or more of the following steps . , at its option: (a) by mandamus or other suit, action or proceeding at law or in equity, require the Developer to perform its obligations and covenants hereunder and under the Declaration, or enjoin any acts or things which may be unlawful or in violation of the rights of the Issuer, Lender or the Trustee hereunder or under the Declaration; ( . b) have access to and Anspect, examine and make copies of all the books and records of the :H Developer pertaining to the Development.; (c) take whatever other action at law or in equity appear necessary or desirable to �? Y ma Y enforce the obligations, covenants and agreements of the Developer hereunder or under the Declaration; or (d) the Lender may declare a default under the Mortgage, and the Lender shall thereafter accelerate the indebtedness evidenced by the Developer Loan, and proceed with foreclosure under the Mortgage. _-a3 The Trustee or Lender shall have the right, in accordance with this Section and the provisions of the Indentu re , without the consent or approval of the Issuer or the City, Y to exercise an or all of the Issuer's or city's rights or remedies hereunder or under the Declaration, and the Issuer a nd Y nd City here irrevocably appoint the Trustee and Lender a ttorne s -in -fact for the purpose of enforcement of this y Agreement* No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right ofaYP Y n art entitled to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at an . dater time or times*' ' The Developer agrees to pay, indemnify and hold the Issuer, City, Trustee and Lender - harmless from an and all costs, expenses and fees, including all reasonable attorneys' fees which may be incurred by the Issuers City, Trustee and Lender in enforcing or attempting to enforce this Regulatory Aar Y Bement or the Declaration following any violation lation of the same on the part of the Developer, whether the same shall be enforced by suit or otherwise, and the P reasonable fees and expenses of.Bond Counsel in connection with any opinion to be rendered hereunder. anything else to the contrary Notwithstanding y g herein, he Trustee Lender, City and the Issuer shall have the right to enforce this Agreement and require g the ire curia of defaults in such P eriod as may be necessary,to assure compliance with section 103(b) (4) (A) of the Code, including but not limited to the right of the Issuer to enforce this Agreement in the event that any of the terms and provisions of Sections 3 and 4 are violated whether or not the City takes action to enforce those provisions or requires curing of any defaults related to those provisions. The city shall have the responsibility to enforce its municipal requirements, if any, set forth in Exhibit C hereto, and shall have the right, without the covenant of the Issuer, the Trustee or the Lender, to enforce such municipal require- ments and to exercise any or all of the rights and remedies hereunder for the purpose of enforcement of such municipal requirements. Section 16. Governing Law This Regulatory Agree- ment shall be governed by the laws of the State of Minnesota* Section 17. Amendments. This Regulatory Agreement shall be amended only by a written instrument executed by the parties hereto, and only upon receipt of an opinion of Bond 44 Counsel that such amendment or revision will not adversely affect the.exclusion from federal and Minnesota income taxation of the interest on the Bonds or the validity of the Ronds under state law. The form of this Regulatory Agreement shall be ame p nded and Developer hereby agrees to so amend this Regulatory Agreement, upon the enactment of any amendment to Section 103 (b) (4) (A) of the Code or the regulations promulgated thereunder, or upon the promulgation of any amendment to the regulations under Section.103(b)(4)(A) of the Code, or upon any amendment to the Housing Act, applicable to the Bonds, whether before or after execution by the Developer, in such manner as, In the opinion of Bond Counsel, shall be necessary in order to maintain the tax - exempt status of the Bonds. The agreement of the Issuer, the City, the Lender and the Trustee. to any amendment to this Regulatory latory Agreement shall be given only in • g accordance with the provisions of Article _ of the Indenture. Section 180 Notice. Any notice required to be given hereunder shall be given by.registered or certified mail at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto: Issuer: r City: Trustee: Developer: Lender: Midland Financial Savings and Loan Association 606 Walnut Street Des Moines, Iowa 50307 Attn: Real Estate Department 45- • erabilit If any provision of this Section 1 9 . Sev 11 be invalid, illegal or unenforce- Regulatory Agreement sha of the validity, legality and enforceability able, the Y g way be affected or remaining portions shall not in any Y impaired. • e Counterparts This Regulatory Section 20. Multipl _ . Agreement may be simultane ously executed in multiple of which shall constitute the same titute one an .counterparts, all originalo deemed to be an instrument and each of which shall be s suer the City, the Lender, IN WITNESS t�HEREOF, the I • be the Trustee and the Developer have caused this Agreement to . d duly authorized on their behalf by signed, sealed and attested repre sentatives, all as of the date first writte n hereinabove . [ISSUER] By Its (SEAL) Approved as to Form it go CITY] By Its (SENL) Approved as to Form Its 11 46 ATTEST: Its (SEAL) [TRUSTEE] BY___. Its 47 ti . [DEVELOPER] By Its 48 Its 49 EXHIBIT A (Legal description of land site on which Development is located) r I 1 11 50 V EXHIBIT B Description of Develo me General description of construction. and /or acquisition and rehabilitation of Development: • (as defined in Code and in Descri tion of Targeted Area , Description in which Development is located: Charter 46 2C � , 1 f Y • Describe whether Development ent is designed and intended to • b elderl or physically handicapped persons: be used primarily y Y • fac ilities contained in Development that are Describe any face functionally related and subordinate to the residential rental unit: • or other n Describe commercial on - rental housing facilities to be included in Development buildings /or complex: Anticipated total development cost: $ Floor plans, unit type and projected initial monthly rents: Number. of Units Unit Type Code A - B - C -- D E 1 bedroom, 1 bedroom, r 2 bed rooms , 2 bedrooms, 7 hedrooms r Unit Type r square feet square feet square feet square feet square feet 1985 Average Initial Rent Per Month 51 Schedule of development costs anticipated to be financed with proceeds of the Developer Note:* Category of Cost Amount 7 Land $ Construction Fixtures Equipment and other Personal Property installed in Development Interest during construction Insurance during construction Real estate taxes during construction Initial mortgage insurance premium, if any Title and guaranty expenses « Architect's fees Construction financing commitment fee Permanent financing cor nitment fee Legal and Accounting fees Inspection fees TOTAL $ * Amounts shown are approximate and represent good faith estimates of the Developer* 54 .EXHIBIT C MUNICIPAL REQUIREMENTS (Description of certain City or housing and redevelopment authority prerequisites or requirements applicable to rental housing Development located in that particular City or under the jurisdiction the housing and redevelopment authority designated to act by the City in and for the City. Such listing of requirements will include applicable City and /or housing and redevelopment fees, requirements pertaining to low and moderate income set -aside percentages which exceed federal re or state and / 4 uirements, other rental operation requirements that may not be covered by, or differ from, state or federal statutory requirements, and any other terms, provisions or features' that are unique to the City, or the housing and redevelopment authority in and for the City or in and for the Count i n which the City is located, which are applicable to Y Y the Development and which are not set forth in the recitation of state and federal rental housing requirements set forth in the Regulatory Agreement or the Declarations :1 55 PODAWILTZ PROJECT (MAPLE RIDGE ) Annual Fee 1/4 of 1% _ $9500 at close 318 of 1$ on principal outstanding 1 4,687.50 2 4,625.00 3 4,556.25 4 I. PODAWILTZ PROJECT (MAPLE RIDGE ) Annual Fee 1/4 of 1% _ $9500 at close 318 of 1$ on principal outstanding 1 4,687.50 2 4,625.00 3 4,556.25 4 4, 481.25 5 4, 406.25 6 4,325.00 7 4,237.50 8 4,143.75 9 4,050.00 10 3,950.00 11 3.843.75 47,306.25 _x.500.00 X56.806.25 Present Value of Fee 11 $9500 + 28,439 = $37 . Assumption: — 12 year maturity on bonds — Ca h Flow Stream Discounted at 10% (Inflation Factor) II. Lump Sum Fee 1% of Issue not to exceed $20,000, minus the $2,000 application fee. .01 x 3.8 million = $38,000 .$20, 000 (max i mum) -- 29000 $18 Source: Piper, Jaf f ray and Hapwood, Inc. 52 February, 1.985 Attachment 4 I. Annual Fee KEN GfRVAISPRGUEGT (BEAVER CREEK) - j $22,500. at close 8 of 1% on inci outstandi - Pr P� � — ANNT�TFRSARY 1 11,106.25 2 10,956e25 3 10, 793.75 4 10,625.00 5 10,443.75 6 10,250.00 7 10,050.00 8 9, 837.50 9 9 10 9,368o75 11 9.112.50 $112,156.25 Present value of . fee 22,500 + 66,224 = $88,724 Assumption: — 12 year maturity on bonds Cash Flow Stream Di s ro r t erl at 10% I T . L! �m_p Sum Fee 1% of Issue not to exceed $20,000 minus the $?,000 applicati fee. 01 x $10 tr1 11 i on = 100, 000 $20,000 (maximum) 2,000 $18 Source: Piper, Jaffray and Hapwood, Inc. 53 Attachment 5 h 694 lose to JIITFFL- t , . U11Teron�ty� •� w�i """ t1RRAC U1 -- i P. — — — .. OAAAO! MOW . .� r.r*rrrr��rrrr r.�wmg r r s o i l of C+ C+ a n M C+ 01 yes• TE 9 k� A b A A/r OT fir 32 C*m N' SR!PLAN 1 �� . �� i 11 A ow rACtoN • •s lCAl1 i'ci0' -i� S KN1OdM • $/ I ISM 1 PARKHO • S AJW OKOIW&D • !00 CAN auuac .100 tofAl i 104 CAIM Mitt 6.04 ACA!! 0M ACW1 • at"rr ►Amma 300 •l. I WT • WOlICIVNO 100 •r. I tw w u: f Uwra 40,000 sp. • .t! A _ -O! "s• ..80 ACA[• 111111 34 POSONVACM 203.32 PUtWW ALL01MlO 1,1■ 14HO COW NAG! • 30.11161 tP. .MIA 11 % PAM "3 C OW -RAG11 • 41,690 Al. 1j"A 21.6% 1 rJGAN AIWA 0 15 0.440 V. I.14A $CCs t NLCOW- AIIDNAL ANA • 1SAS• op. AGA &?% ! Blu ff**nta1V 0 100 5,.n+t o•%* "" ejadLorn AW Wwood# U430 e12•sn -3 1 MANE RIDGE AP ARTMENTS 1erM10pr Cold. 0~ I , • 'srn pu�i * s t s 1 � 19 VADNAIS HEIGHTS Q F:' D I UJ AVE oke KONI X11 «„ F.:i _ J Q e ) W A, W Z •/ t J t GERVAIS AVE. 36 o"ILnnr_n pr � C 22w \`gy =1l r OQ !t` i r � � reo 3; I RA AT t� L - r M W � > W A � W KONIMAN AVE. I �GENIU- RD. II T AVE. _ ? W O _ N AV f f to AVE. LUC OER VAI$ PVA! AV �V` 36 ATtE �� rw� we ••� LOCATION MAP 54 attachment 6