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1988 10-10 City Council Packet
AMENDED AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 10, 1988 Municipal Administration building Meeting 88 -24 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. Meeting No. 88 -17 (August 4, 1988) 2. Meeting No. 88 -18 (August 8, 1988) 3. Meeting No. 88 -19 (August 18, 1988) 4. Meeting No. 88 -20A (August ?2; 1988) 5. Meeting No. 88 -20 (August 22, 1988) 6. Reconvened Meeting No. 88 -20 (August 29, 1988) (D) APPROVAL OF AGENDA E) CONSENT AGENDA 1. Approval of Claims 2. Increase in Ambulance Rates 3. Increase in License /Permit Fees and Service Charges 4. McKnight Road Phase II, Project 87 -04; MSA Off System Transfer 5. Sterling Street Watermain, Project 87 -45; Change Order No. 1 6. County Road C, White Bear - Ariel, Project 86 -25, Supplemental A. 7. Conditional Use Permit Renewal: East County Line Fire Station 8. Conditional Use Permit Renewal: Highway 61 (Frattalone) 9. Certification of Delinquent Sewer Bills 10. Linwood Heights Townhouses PUBLIC HEARINGS 1. 7:00 P.M., Assessment Hearing; Cope Avenue: Project 85 -26 2. 7:10 P.M., Larpenteur Avenue and Sylvan Street (St. Paul Water Utility) a. Plan Amendment (4 Votes) b. Conditional Use Permit 3. 7:20 P.M., 1420 So. Sterling Street (Bierschenk) a. Lot Width Variance b. Lot Frontage Variation c. Side Lot Orientation Variation 4. 7:30 P.M., Code Amendment: Residential Garage Size (1st Reading) 5. 7:40 P.M., Conditional Use Permit or Variance: 834 No. McKnight Road (Hayes) 6. 7:50 P.M., Economic Development Authority and Joint Powers Agreement. 7. 8:00 P.M., On -Sale Intoxicating Liquor License: Maplewood Bowl (G) AWARD OF BIDS (H) UNFINISHED BUSINESS I. Code Amendment: Setback to Residential Zones (2nd Reading - 4 Votes) 2. Gervais Avenue, Kennard - Hazelwood - Truck Restriction (I) NEW BUSINESS I. Walter Street, Project 84 -14; Feasibility 2. Gonyea's Oak Heights Third Addition a. Revised Preliminary Plat Conditions_ b. Time Extension c. No Parkin 3 4. Gonyea's Oak Heights Fourth Addition a. Revised Preliminary Plat Conditions b. Time Extension Code Amendment: On -Site Sewage Treatment (1st Reading (J) VISITOR PRESENTATIONS (K) COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 8, 9. 10. (L) ADMINISTRATIVE PRESENTATIONS (M) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 5 :00 P.M., Thursday, August 4, 1988 Municipal Building Meeting No. 88 -17' A. .CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in Conference Room 110, Municipal Building, and was called to order at 5:23 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present. C. AWARD OF BIDS 1. 1988 General Obligation Improvement Bonds. a. Mayor Greavu convened the meeting for a public hegring regarding con - sidering bids for awarding the sale of $4,160,000 General Obligation Im- provement Bonds of 1988. b. Director of Finance Dan Faust presented the Staff report. c. Mr. Dan Hartman, Miller and Schroeder, Bonding Consultant, stated seven bids had been received and he reviewed each bid.. d. Mayor Greavu introduced the following resolution and moved its .. adoption: 88 -8 -119 RESOLUTION ACCEPTING BID ON SALE OF $4,160,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988, PROVIDING FOR THEIR. ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Bid. The bid of Harris Trust & Savings Bank and Kidder Peabody & Co., Jt. Manager (the "Purchaser "), to purchase $4,160,000 General Obligation Improvement Bonds of 1988 of the City (the "Bonds ", or individually a "Bond "), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $4,126,167.40, plus in- terest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the bonds are hereby awarded to said bidder. The Clerk is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 8/4 2. Title; Original Issue Date; Denominations; Maturities The bonds shall be titled "General Obligation Improvement bonds of 1988 ", shall be dated August 1, 1988, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on August 1 in the years and amounts as follows; Year Amount Year Amount 1989 $210,000 1994 $200,000 1990 200,000 1995 210,000 1991 210,000 1996 200,000 1992 200,000 1997 -2008 210,000 1993 210,000 All dates are inclusive. 3. Purpose. The bonds shall provide funds for the construction of various improvements (the "Improvements ") in the City. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improve - ments shall proceed with due diligence to completion. 4. Interest. The bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 1989, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite.the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1989 5.507 1999 6.90% - 1990 5.75 - 2000 7.00 1991 6.00 2001 7.10 1992 6.10 2002 7.20 1993 6.20 2003 7.25 1994 6.30 2004 7.30 1995 6.40 2005 7.40 1996 6.50 2006 7.45 1997 6.60 2007 7.40 1998 6.70 2008 7.45 5. Redemption. All Bonds maturing in the years 1997 to 2008, both inclusive, shall be subject to redemption and prepayment at the option of the City on August 1, 1996, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest ma- turity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemp- tion shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption ; shall be given to the paying agent and to each affected registered holder of the Bonds. - 2 - 8/4 To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be re- deemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satin- factory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomina- tion or denominations, as requested by such holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. .6., Bond Registrar. First Trust National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as pay - ing agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record hol- ders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- GENERAL OBLIGATION IMPROVEMENT BOND OF 1988 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP AUGUST 1, 1988 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies that it is indebted and for value received - 3 - 8/4 promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an Interest Payment Date"), commencing August 1,1989, at the rate per annum specified above (Calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond .will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of driginal issue hereof. The principal of and premium, if any, on this Bond are payable upon .presentation and surrender hereof at the principal office of in Re istrar the "Bond 8 ), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and in- terest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things re- quired by the Constitution and laws of the.State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any consti- tutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: Payable at: - 4 - 8/4 BOND REGIS'TRAR'S CITY OF MAPLEWOOD, CERTIFICATE OF RAMSEY COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the /s/ Facsimile Resolution mentioned Mayor within. a/ Fa csimile Clerk Bond Registrar By Authorized Signature ON REVERSE OF BOND Redemption. All Bonds of this issue maturing in the Years 1997 to 2008 both inclusive, are subject to redemption and prepayment at the option of the Issuer on August 1, 1996, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and inter- est thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. be.Lect3.on.ot �sonds for Redem tion• Partial Redem tion. To. effect a partial redemption of Bonds having a common maturity dVte, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Blind of a denomination of'more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Regis- trar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the bond so surrendered. - 5 - 8/4 Issuance; Purpose General Obligation This Bond is one of an issue.in the total principal amount of $4,160,000, all of like date of original issue and tenorexcept as to number, maturity, interest rate, denomination and pri redemption vilege, which Bond has been issued pursuant to and in full privileg Bon e, which d has been issued pursuant to and in full conformity with the Const and itution laws of the State of Minnesota and pursuant to a resolution adopte Cit d by the y Council on August 4, 1988 (the "Resolution "), £or the purpose o£ providing money to finance the construction of various improvements within the jurisdic- tion of the Issuer. This Bond is payable out of the General Obligation Improve - ment Bonds of 1988 Fund of the Issuer. This Bond constitutes a general Wiga- tion of the Issuer, and to provide moneys for the prompt and full'payment of its principal, premium, if any, and interest when the same become.due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchanoe•Resolution The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limita- tions provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the bond Registrar, all sub- ject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or'to "bearer" or similar designation), of an authorized denomination or denominations,'in aggregate. prin- cipal amount equal to the principal amount of this bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs re- garding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the re- verse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. - 6 - 8/4 Qualifies Tax- Exemot Obligations The Bonds have been designated by the Issuer as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Federal Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for underuthe (Minor) Uniform (State ) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocable constitute and appoint attorney to transfer the Bond on the books kept for th registration thereof, with full power of substitution ih the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the infor- mation concerning the transferee requested below is provided. Name and Address: nclude information for all joint owners if the Bond is held by joint account.) - 7 - 8%4 8. Execution Temnorary Bonds The Bonds shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both oh such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled offider. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until deli- very. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. The temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 9. Authentication.' ication.' No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certifi- cate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The bond Registrar shall authenticate the signatures of of- ficers of the City on each Bond by execution of the Certificate of Authentication on the Bon¢ and by inserting as the date of registration in the space provided the date on -which the Bond is authenticated, except that for purposes of deliver- ing the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is August 1, 1988. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration Transfer• Exchange The City will cause to be kept at the principal office of the bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver:, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggre- gate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of bearer or similar designation. At the option of the holder, Bonds may be exchanged for Bonds of any author- ized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for ex- change, the City shall execute (if necessary), and the Bond Registrar shall - 8 - 8/4 authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter dis- posed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfac- tory to the Bond Registrar, duly executed by the holder thereof or his, her or its attorney duly authorized in writing. '. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental changor payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City con- tained in any agreement with the Bond Registrar, including regulations which per- mit the Bond Registrar to close its transfer books between record dates and pay - ment dates. 11. Rights Upon Transfer or Exchange Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date Interest on any, Bond shall be paid on each Interest Payment Date by check draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City main- tained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall bepayable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner The City and.Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and inter- est (subject to the payment provisions in paragraph 12 above) on, such Bond.and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the con- trary, 14. Delivery; Application of Proceeds The Bonds when so prepared and exe- cuted shall be delivered by the Finance Director to the Purchaser upon receipt of - 9 - 8/4 the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be desig- nated the "General Obligation Smprovement Bonds of 1988 Fund" (the it to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Con- struction Account and Debt Service Account ", respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $4,097,600, plus any special as- sessments levied with respect to the improvements and collected prior to completion of the Improvements and payment" of the costs thereof. From the Construction Ac- count there shall be paid all costs and expenses of making the Improvements listed in Paragraph 16, including the cost of any construction contracts heretofore let and.all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended bal- ance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be appiiedtowards pay- ment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such pur- pose will not cause the City to no longer be in compliance with Minnesota Statu- tes, Section 475.61, Subdivision 1. ) Debt S ervic e pledged to,andthereshall credited ato, h the b Debt r Service y Acount; appropriated a) and all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest re- ceived upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $4,097,600; (d) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (e) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (f) all investment earnings on funds held in the Debt Service Account; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Ac- count shall be used solely to pay the principal and interest and any premiums_ for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. - 10 - 8/4 No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5 %) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor Portion" made available under the fed- eral arbitrage regulations. Money in the Fund shall not be invested in obliga- tions or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code "). 16. Assessments. It is hereby determined that no less than twenty percent (20 %) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes , Section 475.58, Subdivision 1(3); shall be paid by special assessments to be levied agaiaat every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and per- form as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error; defect, or irregularity in any action or proceedings taken or to be taken by the,City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments for Projects 85 -15, 86 -22, 86 -25, 87 -13, 87 -19 and 87 -44 have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized, except for the assessments for Projects 84 -12, 86 -05 and 86 -12 which were previously authorized. The special assessments previously authorized have heretofore been levied, and are payable in equal, consecutive, annual installments including both principal, and interest, with interest at the rate set forth below: Improvement Collection Designation Amount Levy Years Years Rate 84 -12 $119,989 1987 -2006 1988 -2007 10.00% 86 -05 151,030 1987 -2006 1988 -2007 10.00% 86 -12 68,676 1987 -2006 1988 -2007 10.00% TOTAL $339,695 - 11 - 8/4 Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments for Projects 86 -15, 86 -22, 86 -25, 87 -13, 87 -19 and 87 -44 are hereby authorized and it is hereby determined that.the assessments shall be payable in equal, consecutive, annual installments and with interest on the 'declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than 9.00% per annum: Improvement Year of Tax Collection Designation Amount Levy Years Years 86 -15 $2,009,000 1988 -2007 1989 -2008 8 -22 86 564,275 1988 -2007 1989 -2008 -25 87 -13 58,754 56,500 1988 -2007 1988 -2007 1989 -2008 1989 -2008 87 -19 228,462 1988 -2007 1989 -2008 87 -44 10 1988 -2007 1989 -2008 TOTAL $3,024,725 1996 1997 At the time the assessments are in fact levied the City Council shall, based on the then - current estimated collections of the assessments, make any adjust- ments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Sub- division 1. 17. Tax Lev • Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: ' I Year of Tax Year of Tax Levy Collection Amount 1988 1989 $514,484 1989 1990 491,856 1990 1991 490,281 1991 1992 466,551 1992 1993 464,241 1993 1994 440,070 1994 1995 437,340 1995 1996 412,728 1996 1997 409,578 1997 1998 1998 395,026 1999 1999 380,252 2000 2000 365,037 2001 2001 349,602 2002 2002 333,947 2003 2003 2004 318,071 2004 2005 .302,085 285,988 2005 2006 269,671 2006 2007 253,244 2007 2008 236,927. - - 12 - 8/4 The tax levies are such that if collected in full they, together with es- timated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five.porcent (5%) in ex- cess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Sta- tutes, Section 475.61, Subdivision 3. 18. General Obligation Pledge. For the prompt and full payment of the prin- cipal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Registration_ The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minne- sota, together with such other information as he or she shall require, and to ob- tain,the Auditor's certificate that the Bonds have been entered in the Auditor's Bond Register, and that the tax levy required by law has been made. 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and.control or as other- wise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Negative Covenant as to Use of Improvements. The City hereby covenants not to use the Improvements or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 22. Tax - Exempt Status of the Bonds; Rebate. The City shall comply with re- quirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small- issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the fed - eral arbitrage rebate,requirements, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety -five percent (95 %) or more - 13 - 8/4 of the net.proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely with- in the jurisdiction of the City), and (4) the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f)(4)(C).of the Code. 23. Designation of Qualified Tax - Exempt Obligations In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265 (b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined the Code; in Section 141 of (c) the City hereby designates the Bonds as "qualified tax - exempt obliga- tions for purposes of Section 265 (b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities subordinate - to, or treated as one issuer with, the City) during this calendar Year 1988 will not exceed $10,000,000; and (e) not more than.$10,000,000 of obligations issued by the City during this calendar Year 1988 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural require- ments which may apply in order to effectuate the designation made by this para- graph. 24. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceabi.lity of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 25. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Seconded by Councilmember Rossbach. D. ADJOURNMENT 5:35 P.M. Ayes - all. City Clerk - 14 - 8/4 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 8, 1988 Council Chambers, Municipal Building Meeting No. 88 -18 - 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, Councilmember Present Gary W. Bastian, Councilmember Frances L. Juker, Councilmember Arrived at 7:03 P.M. George F. Rossbach, Councilmember Present Absent C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 88 -9 (May 9, 1988) Mayor Greavu moved to approve the Minutes of Meeting No 88 9 (May 9 1988) as submitted. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmember Juker Councilmember Anderson abstained. 2. Minutes of Meeting No. 88 -10 (May 16, 1988) Councilmember Anderson moved to approve (May 16. 1988) the Minutes of Meeting No 88-10 as submitted Seconded by Councilmember Juker. Ayes - all. D. APPROVAL OF AGENDA Councilmember Anderson moved to approve the Agenda as amended 1. Dutch Elm Disease 2. 4 -Way Stop Sign - Maryland and Ferndale 3. Maple Hills Office 4. Community Newspaper Seconded by Councilmember Juker. Ayes - all. E -A. PRESENTATIONS 1. H.R.C. Annual Report - John Prey a. Chairman John Prey presented the 1987 Annual Human Relations Commission report. M b. Mayor Greavu moved to accent the 1987 Annual H.R.C. Report Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Councilmember Anderson 1. Accounts Payable: Approved the following claims: Accoun Pavable: $448,400.97 $285,895.56 $734,296.53 (25.00) (33,00) (1,118.00) $733,120.53 - at Checks #7921 - #7990 Dated 07 -13 -88 thru 07 -29 -88 Checks #3647 - #3781 Dated 08 -08 -88 Total per attached voucher /check register Less Voided Check #3709 Less Voided Check #3670 Less Voided Check #3659 Net Total Payroll: $163,689.35 Payroll Checks $ 29,348.9 Payroll Deductions $193,037.91 1 Total Payroll $926,158.44 Grand Total j Z. Certification of Election Judges Resolution No. 88 - 8 - 120 RESOLVED that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges September 13, 1988: for the 1988 Primary Election, Tuesday, Precinct #1 Precinct #8 Karl Biebighauser, Chairman Orpha Getty Irene Ling Claire Healy Lorraine Fischer, Chairman Betty Berglund Rita Frederickson Mildred Houck Nancy Behr Precinct #2 Pat Thompson, Chairman Kathleen Dit Bea Hendricks Florence Stella Helen Dickson Precinct #9 Dolores Mallet, Chairman Margaret McDonald Ruth Myckleby -Lang Bernadine Mortinson - 2 8/8 Precinct #4 Precinct #11 Caroline Warner, Chairman Betty Eddy Joyce Lipinski Thelma Ling LeAnn Kaup Shirley Luttrell, Chairman Maxine Olson Delores Lofgren Kathy Haynes Helen King Precinct #5 Precinct #12 Precinct #3 Precinct #10 Charlene Arbuckle, Chairman Doris Broady Pat Warden, Chairman Alice Miller Mary'L.ou Lieder Margaret Earley Daine Golaski Richard Wolszon Anne Fosburgh Precinct #4 Precinct #11 Caroline Warner, Chairman Betty Eddy Joyce Lipinski Thelma Ling LeAnn Kaup Shirley Luttrell, Chairman Maxine Olson Delores Lofgren Kathy Haynes Helen King Precinct #5 Precinct #12 Elsie Wiegart, Chairman Mary Libhardt, Chairman DeLoris Fastner Emma Klebe Phyllis Erickson Mildred Dehen Annette LaCasse Marcella Watson Gloria Zuercher Raymond Getty Precinct #6 Precinct #13 Kathy Supan, Chairman Jack Arbuckle, Chairman Donald Wiegert Gunborg Mowchan Linda Prigge Bill Schnellman Judy Widholm Richard Lofgren Sandy Jones Theodore Haas Precinct #7 Precinct #,14 Margaret Wolszon, Chairman Marilyn Wold, Chairman Grace Locke Betty Haas Armella Podgorski Kathleen Tracy Joan Cottrell Marjorie Lee Mildred Burke Elsie fanderson 3. Final Plat: Huntington Hills South Addition Approved the Huntington Hills South Addition final plat subject to withholding a building permit for each of the building sites north of Hillwood Drive, until a City - approved restrictive covenant is recorded to combine Outlot A with Lot One and Outlot B with Lot Two. This covenant shall be recorded against both the titles of each parcel (abstract and torrens). This plat shall not be signed by the City until the City approves the proposed restrictive covenant and the proposed alignment for Sterling Street. 4. Accept Hillwood Drive Project 86 -05 - 3 - 8/8 Resolution No. 88 - 8 - 121 WHEREAS, the City Engineer for the City of Maplewood has determined that Hillwood Drive, Crestview to Marnie, City Project 86 -05 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 86 -05 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 5. Application for Liquor License - Applebee's Council approved the change of managers for the Applebee's On -Sale Intoxicating Liquor License to Julie Ann Humphreys. Investigations by the Public Safety Department are found to be satisfactory. F. PUBLIC HEARINGS 1. 7:00 P.M., McKnight Road Phase II - Project 87 -04 a. Manager Greavu convened the meeting for a public hearing regarding the proposal to reconstruct McKnight Road, construction of a five foot wide side- walk, construction of storm sewer and the replacement of sanitary sewer and water main between Highway 36 and Larpenteur Avenue. b. Manager McGuire presented the Staff report. C. City Attorney John Bannigan instructed the Council as to the procedures to hold a public hearing. d. Director of Public Works Haider presented the specifics of the proposal e. Council delayed the hearing until the time designated on the public notice, 7:20 P.M. G. AWARD OF BIDS 1. Sterling Water Main Project 87 -45 a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 88 -8 -122 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Shafer Contracting Company in the amount of $76,589 is the lowest responsible bid for the construction of Sterling Street Water Main, City Project 87 -45, and the proper City Officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Juker. Ayes - all. - 4 - 8/8 b. Councilmember Anderson introduced the following resolution and moved its adoption: 88 -8- 123 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Valley Paving, Inc., in the amount of $94,764.00 is the lowest responsible bid for the construction of City Project 88 -16, Bituminous Overlay, and the proper City Officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. 3:, Motor Grader a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 88-8 -124 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Zigler, Inc., in the amount of $132,580 less trade -in of $44,600 for a net bid of $87,980 is the lowest responsible bid for furnishing one (1) articulated frame motor grader, and the proper City Officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Mayor Greavu. Ayes - all. F. PUBLIC HEARINGS (Continued) 1. 7:00 P.M., McKnight Road Phase II - Project 87 -04. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to reconstruct McKnight Road, construction of a five foot wide sidewalk, construction of storm sewer and the replacement of sanitary sewer and water main between Highway 36 and Larpenteur Avenue. b. Manager McGuire presented the Staff report. c. City Attorney John Bannigan instructed the Council as to the procedures to hold a public hearing. d. Director of Public Works Haider presented the specifics of the proposal. e. Mayor Greavu called for proponents and opponents. The following area residents asked questions: - 5 - 8/8 Richard Loaner, 1836 McKnight Road Mrs. Thomas Sandstrom, 1905 McKnight Road f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved to table this item until the 8 -22 -88 Meeting when the entire Council will be in attendance Seconded by Councilmember Anderson. Ayes - all.. 2. 7 :10 P.M., Conditional Use Permit: Gervais Avenue (Schwan's Warehouse /Office) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Schwan's Sales Enterprises, Inc., for a conditional use permit to construct a one -story building to be used as a wholesale food warehouse, office and inside truck parking for their meat and dairy distribution.. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. David Lindholm, representing Schwan's spoke on behalf of the proposal. e. Mayor Greavu called for proponents and opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Juker introduced the following resolution and moved its adoption: 88-- 8 - 125 WHEREAS, Schwan's Sales Enterprises, Inc:, initiated a conditional use permit to construct a wholesale /warehouse structure at the following - described property: The East half of the North half of Lot 16, E. G. Rogers' Garden Lots, except the South 250 feet thereof, WHEREAS, the procedural history of this conditional use permit is as follows: I. This conditional use permit was reviewed by the Maplewood Planning Commission on July 18, 1988. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on August 8, 1988. Notice thereof was published and mailed pursuant to law. All per- sons 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. - 6 - 8/8 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. S. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area proper- ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to adherence to the site plan, dated June 24, 1988, unless a change is approved by the City's Community Design Review Board. Seconded by Councilmember Anderson. Ayes - all. 3. 7:20 P.M., Conditional Use Permit: English and Highway 36 (English Place) a. Mayor Greavu convened the meeting for a public hearing regarding the request of the Century Companies for approval of a conditional use permit to construct a two -level commercial building containing a convenience store with gas sales and six leasable tenant spates. b. Manager McGuire presented the Staff report. - 7 - 8/8 c. Director of Community Development Olson presented the specifics of the proposal. d. Board Member Roger Anitzberger presented the Community Design Review Board recommendation. e. Mr. Dick Ernst, Century Companies, spoke on behalf of the proposal. f. Mayor Greavu called for opponents and proponents. The b6llowing voiced their opinions: Gary Gerke, 1252 Cope Avenue Roger Franz, 1282 Cope Avenue g. Mayor Greavu closed the public hearing. h. Councilmember Bastian introduced the following resolution and moved its adoption: WHEREAS, the Century Companies initiated a conditional use permit to construct a commercial building at the following- described.property: Subject to Highway 36; vacated street accruing and following; except the west 379 feet more or less of Block 18, Clifton Addition. and Subject to street and except part of Lots 19 through 25 beginning on the north line of Block 13 and.379.61 feet east of the northwest corner of Lot 16 then south 29 degrees 14 minutes west 117.56 feet to street as opened in Document 2021912 then northwest to the north line of said Block 13 'then east to the beginning; vacated alley accruing and part lying northeasterly of the northeast line of said street as opened in Document 2021912 of Block 13. WHEREAS, the procedural history of this conditional use permit is as follows: I. This conditional use permit was reviewed by the Maplewood Planning Commission on July 18, 1988. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on August 8, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above - described conditional use permit be approved on the basis of the fol- lowing findings -of -fact: - 8 - 8/8 1. The use is in conformity with the City's-'comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Adherence to the site plan, dated May 27, 1988, unless a change is approved by the City's Community Design Review Board. 2. The right -turn lane proposed along English Street shall be sub- ject to the City Engineer's approval. 3. The applicant shall restripe English Street, and widen it if necessary, to provide a left -turn lane for west -bound Highway 36, subject to the City Engineer's approval. 4. The landscape plan shall be revised for Community Design Review Board approval showing: .a. On -site berming along Cope Avenue and English Street. These berms shall be four feet tall. b. A thick screen of evergreen plantings shall be provided, main- tained and replaced when necessary on top of the berms to block headlight glare, to meet the requirements of Section 36 -27 of the City code. - .9 - 8/8 C. Trees shall also.be Planted on top of the berms. i 5. Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. 6. The upper floor uses, facing Cope Avenue, shall not be open between the hours of 10000 P.M. and 7:00 A.M. 7. There shall be no temporary or P y permanent outside storage or sales, except fuel, - I Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers i - Anderson and Bastian.. i Nay - Councilmember Juker. H. UNFINISHED BUSINESS I. Community Design Review Board Appeal. a. Mayor Greavu moved to table this item until the Meetinp of August 22 1988. Seconded by Councilmember Bastian. Ayes - all. 2. Food Shelf a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to refar 06n , --. 4-- -X I Seconded by Councilmember Bastian. Ayes - all. 3. Assessment Appeals a. Boxwood Avenue, Project 87 -19 1. Manager McGuire presented the Staff reports. 2. Mayor Greavu moved to deny the requests of the folic tion, cancellation or deferrine the Boxwood Avenue I assessments 1. Kenneth and Mary Postiff, "1215 Dorland PIN 13- 28 -22 -33 -0002 2. Elmer C. Guetschoff, 1211 Dorland Road PIN 24- 28 -22 -22 -0013 3. Capitol City Adventist School, 1220 So. McKnight PIN 2 4- 28 -22 -22 -0035 S d d b econ e y Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson and Juker Nay - Councilmember Bastian. - 10 - 8/8 b, Highway 61 Water Main, Project 87-13 1. Manager McGuire presented the Staff report. 2. Councilmember Anderson moved to dnnv rha vo assessments. 1. Second Williams Financial Corporation, 2720 North Highway 61 PIN 04- 29 -22 -44 -0009 2. Hubbard Broadcasting PIN 0 4- 29 -22 -41 -0003 Seconded by Councilmember Juker. Ayes - all. c. Meyer Street Water Main, Project 87 -13 1. Manager McGuire presented the Staff report. 2. Councilmember Anderson moved to deny the request of the following fc cancellation or revision of their Meyer Street Water Main Project 87-13 assessments 1. Norman and Bernadette Whall, 762 Meyer Street PIN 25 - 29 -22 -34 -0088 2. Rose C. Hellige, 2405 E. Minnehaha PIN 25- 29 -22 -34 -0089 3. Richard Sittig, 739 Meyer Street PIN 2 5- 29 -22 -34 -0095 Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Juker Nay - Councilmember Bastian. I. NEW BUSINESS 1. Resolution: Beaver Creek Apartments a. Mary Ippel, attorney for Briggs and Morgan, Bonding Consultant, presented and explained the request, b. Mayor Greavu introduced the following resolution and moved its adoption: 88 -8 -127 RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY MORTGAGE REVENUE REFUNDING BONDS TO REFUND BONDS PREVIOUSLY ISSUED TO FINANCE A PROJECT AND PROGRAM THEREFORE AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH (BEAVER CREEK APARTMENTS PROJECT- - FHA INSURED MORTGAGE LOAN) - 11- 8/8 BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. The Council has previously received a proposal from Beaver Creek Apartments Limited Partnership, a Minnesota limited partnership (the "Company") that the City of Maplewood (the "City" or the "Issuer ") under- take a multifamily housing development program to finance in part a.cer- tain.rental project as herein described, pursuant to Minnesota Statutes, Chapter 462C (the "Act "), through the issuance by the City of its $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership roject (the "Prior,Bonds "). P ) 2. Pursuant to Resolution No. 85 -12 -204 adopted on December 23, 1985 (the "Prior Authorizing Resolution "), the City authorized the issuance and sale of the Prior Bonds and issued the Prior Bonds on December 27, 1985, pursuant to an Indenture of Trust (the 'Original Indenture ") dated as of December 1, 1985, between the City and First Trust Company, Inc. (the Trustee "). p y' 3. The proceeds of the Prior Bonds were originally loaned to the Company for the acquisition, construction and equipping of a multifamily housing development (the "Project ") approved by the City, all as further described in the Original Indenture and in a Loan Agreement (the "Original Loan Agreement ") dated as of December 1, 1985, between the City and the Company. 4. By certain resolutions previously adopted by the City (the "Prior Extension Resolutions "), the City granted extensions of the Disbursement Date (as defined in the Original Indenture) from December 1, 1986 to June 1, 1987, from June 1, 1987 to December 1, 1987, and from December 1, 1987 to June 1, 1988, respectively. By Resolution adopted•by the City of May 23, 1988 (the "Preliminary Refunding Resolution "), the City (i) granted extension of the Disbursement Date (as defined in the Original Indenture) to September 1, 1988 and (ii) after a public hearing thereon, preliminarily approved the issuance of refunding Bonds to refund and prepay in part the Prior Bonds. 5. The Company has now advised the City that it now desires to redeem $2,885,000 of the Prior Bonds from the Escrowed Proceeds (as defined in the Original Indenture) thereof and desires that the City issue refunding bonds in the amount of $5,615,000, the proceeds of which will be used to refund, prepay and redeem the remaining principal amount of the Prior Bonds. 6. The Company requests that the City refund in part the Prior Bonds through the issuance by the City of its $5,615,000 Multifamily Mortgage Revenue Refunding Bonds (Beaver Creek Apartments project - FHA Insured Mortgage Loan), Series 1988 (the "Bonds:). 7. Upon issuance of the Bonds, a like amount of proceeds of the Prior Bonds, together with all investment earnings on the Prior Bonds (the "Trans- ferred Proceeds ") will be used to construct and equip on certain real estate to be owned by the Company the Project, which will now consist of a 120 -unit multifamily housing rental facility (hereinafter referred to as the "Project "). - 12 - 8/8 The Project will provide rental housing to low and moderate income persons (as described below) and will otherwise further the policies and purposes of the Act. A public hearing on the bonds was duly held by this City Council on May 23, 1988. The findings made in the pre- liminary resolution of the City adopted on February 11, 1985 (the "Preliminary Resolution ") pertaining to the Project and the Prelimi- nary Refunding Resolution adopted by this City Council on May 23, 1988, with respect to the bonds are hereby ratified, affirmed and approved. 8. It is proposed that, pursuant to a Loan Agreement to be dated as of August 1, 1988, between the City as Lender and the Company as Borrower (the "Loan Agreement "), the City loan the proceeds of the Bonds to the Company to refund in part the Prior Bonds and permit the Transferred Proceeds of the Prior Bonds to be used to construct and install the Project. The Basic Payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, interest on, and the purchase price o£, the Bonds when due. It is further proposed that the City assign its rights to the Basic Payments and certain other rights under the Loan Agreement to First Trust National Association, located in Saint Paul, Minnesota (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated as of August 1, 1988 between the City and the Trustee (the "Indenture "). The operation and occupancy of the Project will be subject to the terms and conditions of an Amended and Restated Regulatory Agreement dated as of August 1, 1988, be- tween the City, the Trustee and the Company (the "Regulatory Agreement ") and an Amended and Restated Declaration of Restrictive Covenants (the "Declaration ") dated as of August 1, 1988, executed by the Company and recorded as covenants and restrictions running with the land on which the Project is located. The Transferred Proceeds loaned pursuant to the Loan Agreement will be used to fund a mortgage loan made to the Company to finance the acquisition, construction and installation of the Project, which mortgage loan will be issued by the Federal Housing Administration CTNA") of the United States Department of Housing and Urban Development ("HUD") as further described in the Official Statement (as defined below) and to fund a reserve fund. The bonds are expected to be remarketed on the First Fixed Purchase Date (as defined in the Indenture) pursuant to a Remarketing Agreement dated as of August 1, 1988, between the Trustee, the Company, the City and Piper, Jaffrey & Hopwood Incorporated (the Remarketing Agreement "). 9. This Council, by action taken on February 11, 1985, gave preliminary approval to a proposal to finance a project substantially the same as the Project'. On or about December 6, 1985, the Minnesota Housing Finance Agency gave approval to the proposed financing program for the Project. The findings of the City Council of the City made in the Preliminary Resolu- tion for the Prior Bonds with respect to the Project and in the Prior Authorizing resolution for the Prior Bonds are hereby satisfied, affirmed and approved. 10. Forms of the following documents relating to the bonds have been submitted for review to the City Attorney and to the City Council for approval: - 13 - 8/8 (a) the Loan Agreement (b) the Indenture (c) the Amended and Restated Regulatory Agreement (d) the Amended and Restated Declaration (not executed by the City) (e) the Bond purchase Agreement (f) the Remarketing Agreement 11. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act and the financing program for the Project is authorized by the Act; (b) the purpose of the Project and the financing program for the Project ia, and the effect thereof will be, to promote the public welfare by the acquisition, construction, installation and equipping of a rental housing facility for assisting persons of low and moderate income within the City to obtain decent, safe and sani- tary housing at rentals they can afford; (c) the Project is to be located within the City limits, at a site which is easily accessible to persons residing within the City and the surrounding communities; (d) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and sale of the bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Amended and Restated Regulatory Agreement, the Bond Purchase Agreement and the Remarketing Agree- ment (collectively, the "Agreements "), and the performance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the constitution and laws of the State of Minnesota,to make the Agreements and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (e) it is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, the Amended and Restated Regulatory Agreement and the Amended and Restated. Declaration (which terms and conditions the City determines to be necessary, desirable and proper), to acquire, construct and install the Project by such means as shall be available to the Company and in the manner determined by the Com- pany, and with or without advertisement for bids as required for the acquisition and installation of municipal facilities; (f) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (g) the Basic Payments under the Loan Agreement are fixed to produce revenues sufficient to provide for the prompt payment of principal of, premium, if any, interest on, and the purchase price of, the Bonds issued under the Indenture when due, and the Loan Agreement, Amended and Restated Regulatory Agreement, Amended and - 14 - 8/8 Restated Declaration and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate in- surance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises (as defined in the Indenture) and payable during the term of the Loan Agreement, Amended and Restated Regulatory Agreement, Amended and Restated Declaration and Indenture; and (h) under the provisions of Minnesota Statutes, Section 462C.07, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the reve- nues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, br to enforce pay- ment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the reve- nues pledged to the payment thereof; and the Bonds shall not consti- tute a debt of the City or its political subdivision within the meaning of any constitutional or statutory limitation. 12. Subject to the approval of the City Attorney and the provisions of parer y in the form a- graph 16 hereof, the forms of the Agreements and exhibits thereto and all oth documents described in paragraph 10 hereof are approved substantiall submitted and on file in the office of the City Manager, with such subsequent changes as may be approved by the City and the City Attorney. The Agreements, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transaction herein described shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement and Indenture. 13. The City hereby authorizes the use and circulation by the Bond Purchaser of the Official Statement in connection with the offer and sale of the Bonds. The City has not prepared nor made any independent investigation of the informa- tion contained in the Official Statement and takes no responsibility for such information. 14. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture and this Resolution. Prior to the Mandatory Purchase Date, the Bonds shall mature on the dates, and shall bear interest at the rates, as set forth below: - 15 - 8/B $ Term Bonds at 7 per annum until August 1, 1998 Final Maturity: August 1, 2029 From and after the Mandatory Purchase Date, the Bonds shall mature on the dates and shall bear interest at the rates as set forth in the Indenture. The offer of the Bond Purchaser to purchase the Bonds at par (1007 of their principal amount) plus accrued interest to the date of delivery at the interest rates specified in the Indenture is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 15. The Mayor and City Clerk and other appropriate officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certi- fied copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 16. The approval hereby given to the Agreements and the various other documents referred to in paragraphs 10 and 12 above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the City Attorney and the City officials authorized herein to execute said documents prior to their execution and (b) such additional documents', agreements or certificates as may be necessary and appropriate in connection with the Agreements and with the issuance and sale of the Bonds and approved by Bond Counsel, the City Attorney and City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby authorized to approve said changes or addi- tional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or City Clerk, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the Acting City Clerk, respectively. 17. It is understood and agreed. that the Company shall indemnify the City against all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the Project or the Bonds, as provided for and agreed to by and between the Company and the City in the Loan agreement and the Bond Purchase Agreement. Seconded by Councilmember Bastian. Ayes - all. - 16 - 8/8 2. Revenue Note Amendment: Maplewood Dental Specialist a. Mary Ippel, attorney for Briggs and Morgan, Bonding Consultant, explained the request.' b. Mayor Greavu introduced the following resolution and moved its adoption: 88 -8 -128 AUTHORIZING THE EXECUTION AND DELIVER OF AMENDMENT TO COMMERCIAL DEVELOPMENT REVENUE NOTE RELATING TO THE $800,00 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1982 (MAPLEWOOD DENTAL SPECIALISTS PROJECT) WHEREAS, the City issued its $800,000 Commercial Development Revenue Bond (Maplewood Dental Specialists Project) dated January 17, 1982 (the "Note ") to provide financing for a project undertaken by Maplewood Dental Specialists, a Minnesota general partnership (the "Company ") consisting of the acquisition, construction and equipping of a dental clinic located in the City (the "Project "). The proceeds of the Bond were loaned to the Company pursuant to a Loan Agreement dated January 17, 1982, between the City and the Company (the "Loan Agreement "). The Note was purchased by First State Bank of Saint Pa now known as First Bank Minnesota, National Association (the "Bank "). Pursuant to a Pledge Agreement dated January 17, 1982, the City assigned the Loan Agreement to the Bank. The obligations of the Company under the Loan Agreement, including the obligation to repay the Note, have been secured by a Statutory Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement dated January 17, 1982, and a Guaranty of Specific Indebtedness by the partners in the Company dated January 17, 1982; and WHEREAS, the Bank and the Company have agreed to amend certain of the terms of repayment of the Note to provide for more uniform debt service repayments than originally contemplated by the Note as set forth in the Amendment to Commercial Development Revenue Note which has been submitted to the Council for approval (the "Amendment"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD: 1. The City shall proceed forthwith to execute the Amendment to Note in the form and upon the terms set forth. The Mayor and City Clerk are authorized and directed to execute the Amendment and deliver it to the Bank. 2. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bank certified copies of all proceedings and records of the City relating to the Note and such other affidavits and certificates as may be required to show the facts relating to the legality of the Amendment as such facts appear from the books and records in the officer's custody and control, or as otherwise known to them. - 17 - 8/8 3. The approval hereby given to the Amendment and other various documents referred to above includes approval of such additional details therein, as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appro- priate and approved by City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City officials are authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or Clerk, any of the documents authorized by this Resolution to be executed may be executed by such other officer of the City as in the opinion of the City Attorney may properly execute such documents. Seconded by Councilmember Anderson. Ayes - all. 3,. Code. Amendment: BC (M) District (Auto Service Center) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. The following area residents voiced their opinions in favor of the proposal: Bill Engleman, representing Ernest Radatz, owner of the property in question. Mr. Palmer, 2081 5th Street, White Bear Lake, Minnesota Robert Heinbush, 2847 White Bear Avenue Bob Anderson. Don Schoenberger, representing his mother, Esther Schoenberger, 2811 White Bear Avenue Don Smith, 1976 Radatz d. Mayor Greavu Seconded by Councilmember Anderson 4. Revocation of Liquor License Ayes - Mayor Greavu, Councilmembers Anderson and Juker ' Nay - Councilmember Bastian a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to establish a publ 1, 1988, at 5:00 P.M, regarding the question of revs Tdba, Maplewood Bowl) On-Sale Intoxicating Liquor Li Seconded by Councilmember Bastian. Ayes - all. s - 18 - 8/9 5. Insurance for Early Retirees - Clarification of Policy a. Manager McGuire stated that current City policy allows retirees, that have a minimum of 20 years of service with Maplewood and who are at least 55 years old, to participate in the City's group helath and.dental insur- ance plans at the retiree's cost, until Medicare is available. Recently, a retiree,who has exercised the option to continue in the City's group health plan., became eligible for Medicare. It needs to be determined whether his wife can remain in the .City's group health plan until she is eligible for Medicare. If not allowed to continue, she would have to convert to a non -group insurance plan. For financial and insurance reasons, it is recommended that this individual be required to convert to a non -group insurance plan. b. Councilmember Bastian moved to the request. Seconded by Councilmember Juker. Ayes - Councilmembers Bastian and Juker. Nays - Mayor Greavu, Councilmember Anderson. c. Councilmember Bastian moved to table. Seconded by Councilmember Anderson. Ayes - all. 6. Purchase of Land - Harvest Park Expansion a. Manager McGuire presented the Staff report. b. Councilmember anderson moved to authorize the purchase of the property 2511 Barclav fnr G69 1.11, ..,; Seconded by Mayor Greavu. Ayes - all. 7. Frost Avenue - No Parking a. Manager McGuire presented the Staff report. b. Councilmember Joker Seconded by Councilmember Anderson 8. Southlawn, Beam to County Road D a. Approve Plans b. No Parking Resolution - 19 - Ayes - all. WE 1. Manager McGuire presented the Staff reports. 2. Mayor Greavu introduced the following resolution and moved its J adoption: 01 1 WHEREAS, pursuant to resolution.passed by the City Council, plans and specifications for Southlawn Avenue, Beam to County Road D, Project 85 -17, have been prepared under the direction of the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the CONSTRUCTION BULLETIN an advertise- ment for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 9:00 A.M., on the 16th day of September, 1988, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minne- sota, for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson and Juker Nay - Councilmember Bastian 3. Councilmember Anderson introduced the following resolution and moved its adoption: 88 -8 -130 WHEREAS, the City of Maplewood has planned the construction of Southlawn Avenue from Beam Avenue to County Road D; and WHEREAS, the City will be expending municipal state aid funds (MSA Project No. 138 - 117 -01) on the improvement of said street; and - 20 - 8/8 WHEREAS, said improvement does not conform to the approved mini - ?, mum width standards with unrestricted parking; and WHEREAS, approval of the proposed construction as a municipal state aid project is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood prohibits the parking of motor vehicles on the both sides of proposed Southlawn Avenue from Beam Avenue to County Road D. Seconded by Mayor Greavu. Ayes - all. 9. Approve Plans, Cope Avenue Project 85 -26 a. Manager McGuire presented the Staff Report. b. Mayor Greavu introduced the following resolution and moved its adoption 88 -8 -131 WHEREAS, pursuant to resolution passed by the City Council on June 27, 1988, plans and specifications for Cope Avenue, Craig to Ariel, Project 85 -26, have been prepared by the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications; a copy of which are attached hereto and made a part hereof, are hereby approved and or- dered placed on file in the office of the City Clerk- 2.. The City Clerk shall prepare and cause to be inserted in the official paper and in the CONSTRUCTION BULLETIN an advertise- ment for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 9:00 A.M., on the 2nd day of September, 1988, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check of bid bond, payable to the City of Maplewood, Minnesota, for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Juker. Nay - Councilmember Bastian. - 21 - 8/8 10. County Road C Overlay a. Manager McGuire presented the Staff report. Seconded by Councilmember Juker. Ayes - all. i i 11. Rice Street Sanitary Sewer I a. Manager McGuire presented the Staff report. b. Bob Schroeder, 2080 Rice Street, Spoke on behalf of his request. c. Councilmember Bastian moved to approve the concept of constructing the Rice Street sanitary sewer along an easement through private pro erty and that this profit be treated lake a developer's project with an agreement to insure compliance with City standards Seconded by Councilmember Anderson. Ayes - all, 12. Sewer Fund Appropriation a. Manager McGuire stated at the last City Council Meeting a sanitary sewer agreement with Menards was approved. The report erroneously requested the funding for City cost be from the sanitary sewer fund contingency account. The contingency account is not sufficient to cover the cost. It is now proposed to finance the agreement with funds from the unappropriated fund balance of the sanitary sewer fund. b. Mayor Greavu moved to authorize funds not rn o ooa mtis nnn Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Dutch Elm Disease a. Councilmember Anderson questioned if there were any programs available for Duth Elm Disease. b. Staff stated there wasn't any current programs. 2. Four -Way Stop Sign - Maryland and Ferndale a. Councilmember Anderson stated he had received a .petition from the area residents requesting a four-way stop sign at Maryland and Ferndale. b,. Staff will review the petition. J - 22 - 8/8 3, Maple Hills Office Park a. Councilmember Juker stated the Maple Hills Office Park should be complemented on the beautiful way they have kept thir building and land. b. The Manager will send an appropriate letter. 4. Community Newspaper a: Councilmember Juker questioned what the costs would be for a community newsletter, b. Councilmember Anderson moved to refer the matter to staff Seconded by Councilmember Juker, Ayes - all. L. ADMINISTRATIVE 'PRESENTATIONS None. M. ADJOURNMENT 9:17 P.M. City Clerk - 23 - 8/8 MINUTES OF MAPLEWOOD CITY COUNCIL 5:00 P.M., Thursday, August 18, 1988 Council Chambers, Municipal Building Meeting No. 88 -19 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 5:05 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Absent C. REVOCATION OF LICENSE 1. On -Sale Liquor License - Robert Hatton a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to revoke the On -Sale Intoxicating Liquor License of Robert Hatton, dba, Maplewood Bowl. b. City Attorney John Bannigan presented the background of the history of the license for Mr. Robert Hatton. Mr. Hatton vacated the premises of the Maple- wood Bowl sometime in May of 1988. Since that time, there has been no appli- cation from anyone for a license. Mrs. Adelaide Benjamin has been operating manager of the establishment and she is unlicensed. c. Mr. Richard Matykiewicz, Attorney representing the Maplewood Bowl, spoke on behalf of his clients. Mr. Matykiewicz asked for a continuance of the hearing. d. Councilmember Anderson moved to sunnenei rho .... _1_ ,.....__ I'__ Seconded by Councilmember Bastian. Ayes - all. D. .ADJOURNMENT 5:52 P.M. City Clerk MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 22, 1988 Council Chambers, Municipal Building Meeting No. 88 -20 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 7:24 P.M., by Mayor Greavu: B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 88 -12 (June 13, 1988) Councilmember Anderson Anderson moved that the Minutes of Meeting No 88 -12 June 13, 1988) be approved as corrected: Page 1, E -A -1 c "Councilmember Bastian" Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Councilmember Rossbach abstained. 2. Minutes of Meeting No. 88 -14 (June 27,1988) Councilmember Anderson moved to approve the Minutes of Meeting No 88 -14 as submitted. Seconded by Mayor Greavu. Ayes - all. D. APPROVAL OF AGENDA Councilmember Bastian moved to approve the Agende as amended 1. Elm Tree Update 2. Motorcycle Ordinance 3. Cable 4. Payment of Taxes by other Communities to Ramsey County 5. Harvest Park 6. Add I -16 - Atchison Settlement Seconded by Councilmember Anderson. Ayes - all. 8/22 E. CONSENT AGENDA Council removed Item E -4 to become 1-17. Councilmember Anderson moved, seconded by Council member Bastian Ayes - all to approve the Consent Agenda Items 1 throukh 3 as recommended 1. Approval of Claims Approved the following claims: Accounts Payable: $198,086,21 Checks #7991 - #8024 Dated 08 -01 -88 thru - 08 -08 -88 $ 73,946.15 Checks #3792 - #}3884 Dated 08 -22 -88 $272,032,36 Total per attached voucher /check register (1,615.50 Less voided checks #3856 and #3872 $270,416,86 Total Accounts Payable Payroll: $158,862.31 Payroll Checks 29 378,72 Payroll Deductions $188,241,03 Total Payroll $458,657,89 GRAND TOTAL 2. Final Plat: Southwinds of Maplewood 2nd Addition Approved the Southwinds of Maplewood 2nd Addition final plat to create two lots, but hold the signing of the plat until a deed is submitted to satisfy condition nine. "9. Thirty -foot -wide street right -of -way shall be shown on the final plat west of a perpendicular to the Beebe Road right - of -way along the north line of Lot Five to provide access to the school district administration building." 3. Final Plat: Parkway Terrace 3rd Addition Approved the Parkway Terrace 3rd Addition final dwelling lots. plat for nine single - 2 - 8/22 F. PUBLIC HEARINGS 1. 7:00 P.M., Holloway Avenue a. Plan Amendment (4 Votes) b. Street Vacation 1. Mayor Greavu convened the meeting for a public he regarding the proposal to vacate the south half of Holloway Avenue between Furness Street and Beebe Road and for approval of a plan amendment to vacate . a portion of Holloway Avenue between North -St. Paul Road and McKnight Road which is designated as a "major collector street" in the comprehensive plan. I 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Bob Cardinal presented the Planning Commission report. 5. Mayor Greavu called for proponents and opponents. The following were heard: Fred Valencour, 2104 E. Cowern, wished the street to go through Bob Engwer, the petitioner, spoke on behalf of the proposal. 6. Mayor Greavu closed the public hearing, 7. Councilmember Rossbach moved to take no action. Seconded by Councilmember Anderson. Ayes - all. 2. 7:10 P.M., Variance, 1927 Flandrau (Hensley) a. Mayor Greavu convened the meeting for a public hearing regarding the request of F. Dean and Patricia Hensley, 1927 Flandrau Street, for a lot area variance of 2,700 square feet for a corner lot and a variation from the subdivision code is required. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Bob Cardinal presented the Planning Commission recomnends- I tion. e. Mayor Greavu called for proponents. The following were heard: Mrs. Patricia Hensley, the applicant Mr. Richard Miller, 1923 Flandrau f. Mayor Greavu called for opponents. None were heard. - 3 - 8/22 g. Mayor Greavu closed the public hearing. i h. Councilmember Anderson introduced the following resolution and moved its adoption: 88 -8 -132 WHEREAS, the City of Maplewood initiated a rezoning from R -1 to R -2 for the following- described property: The easterly 150 feet of the north half of Lot 1, Block 2, Garden Acres. This property is also known as 1927 Flandrau 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 August 15, 1988. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on August 22, 1988, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hear - ing were given an opportunity to be heard and present written statements. The Council also considered reports and recommenda- tions of the City Staff and Planning Commission. i NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following find- ings 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 conveni- ences 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. S. The lot would appear to meet the R -1 area standard, since a home could not be built on the 71 feet of land to the west of the R -2 zone. Seconded by Councilmember Juker. Ayes - all. - 4 - 8/22 i g. Councilmember Bastian introduced the following resolution and moved its adoption: 88 -8 -133 WHEREAS, F. Dean and Patricia Hensley applied for a code variation for the following- described property: The north half of Lot l., Block 2, Garden Acres. This property is also known as 1927 Flandrau Street, Maplewood. WHEREAS, Section 30 -8 of the Maplewood Code of Ordinances prohibits double - frontage lots, except where topographic or other conditions ren- der subdividing otherwise unreasonable. WHEREAS, the applicant is proposing a doubleTfnontage lot. WHEREAS, the procedural history of this variation is as follows: 1. This variance was reviewed by the Maplewood Planning Commission on August 15, 1988. The Planning Commission recommended to the City Council that said variance be approved. 2. The Maplewood City Council held a public hearing on August 22, 1988, 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 state- ments. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREOFE, 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. The unusual L- shaped pattern of the proposed lot is unique. 2. No home would be built on the lot. 3. The intent of the ordinance would be met. There would be no homes facing the wrong direction. 4. There would be no adverse effect on the neighborhood. Seconded by Councilmember Anderson. Ayes - all. 3. Code.Amendment - BC (M) District - Auto Service a. Mayor Greavu convened the meeting for a public hearing regarding the request of GP -BAJR, Inc., to amend the BC (M) zoning district to allow an Auto Service Center as a conditional use. b. Manager McGuire presented the Staff report. - 5 - 8/22 c. Director of Community Deveopment Olson presented the specifics of the proposal. d. Commissioner Bob Cardinal presented the Planning.Commission report. e. Mayor Greavu called for proponents and opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to table. Seconded by Councilmember Bastian. Ayes - all. 4. 7:30 P.M., 2829 -47 White Bear Avenue a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) c. Conditional Use Permit 1. Mayor Greavu convened the meeting for a public hearing regarding the request of GP -BAJR, Int., for a plan amendment from LSC, limited service commercial, to SC, service commercial, for all three properties; rezoning from LBC, limited business commercial, to BC (M) business commercial modified for 2829 White Bear Ave- nue; a conditional use permit for all three lots to operate a limited automobile service center. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Bob Cardinal presented the Planning Commission report. 5. Mr. Gene Peterson, one of the owners, spoke on behalf of the proposal. 6. Mayor Greavu called for proponents. The following were heard: Bill Engleman, representing property owner, Ernest Radatz Elena Palace, the listing agent Bob Anderson, owner of property on Radatz Robert Heinbuch, 2847 White.Bear Avenue Don Schoenberger, representing his mother, Esther Schoenberger, 2811 White Bear Avenue Gene Tschida 7. Mayor Greavu closed the public hearing. - 6 - 8/22 B. Councilmember Anderson moved to refer Item 4 -b Rezoning to the Planning commission Seconded by Councilmember Bastian. Ayes —Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Nay - Councilmember Juker. 9. Councilmember Bastian moved to tat,7A Ti-., A_ Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Nay - Councilmember Juker. 5. 7 :40 P.M., Conditional Use Permit: 1055 Highway 36 (Hermanson Dental Lab) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Hermanson Dental Laboratories for approval of a conditional use permit to construct a 413 x 76 foot addition onto the west side of the building. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal.. d. Board Member Anitzberger presented the Community Design Review Board .report. e. Commissioner Bob Cardinal presented the Planning Commission recommenda- tion. f. Mayor Greavu called for proponents and opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian introduced the following resolution and moved its adoption: 8 8 -8 -134 WHEREAS, Krech, O'Brien, Mueller and Wass, Inc., initiated a condi- tional use permit to construct an addition onto a dental laboratory struc- ture.at the following- described property: That part north of STH 36 -118, of W 248.52 feet, of E 739.52 feet, of SW 1/4 (subject to road and easement of Sec. 9, Tn 29, Rn 22.) This property is also known as 1055 East Highway 36, Maplewood; - 7 - 8/22 WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on August 1, 1988, The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on August 22, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the fol- lowing findings -of -fact: 1. The use is in conformity with the City's comprehensive plan. and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area prop- erties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to adherence to the site plan, dated July 12, 1988, unless a change is approved by the City's Community Design Review Board. Seconded by Councilmember Juker. Ayes - all. - 8 - 8/22 J 6. 7 :50 P.M., Chesterwood Two Second Addition a. Rezoning (4 Votes) b. Preliminary Plat 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Garet M. Bros for approval of a rezoning from R -1, single dwelling residential to R -2, double dwelling residential for two proposed double dwellings and approval of a preliminary plat to create two double dwelling lots along McKnight Road. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics. 4. Mayor Greavu called for proponents. The following were heard: Mr. Garet Bros, the applicant. 5. Mayor Greavu called for opponents. The following were heard: Denise Howard, 2254 Matterhorn Lane Karl Maidment, 824 S. McKnight road Resident, 2297 Timber Trail Resident, 2276 Timber Trail Resident 2276 Timber Trail Bob Greer, 2284 Timber Trail 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson moved to deny the rezoning Seconded by Councilmember Juker. Ayes - all. 8. Councilmember Anderson moved to annrnve tha e,,..__., a. Rededication of the ponding easement on the proposed southerly parcel as it presently exists on Outlet A. b. Dedication of a ten - foot -wide drainage easement across both parcels from north to south, subject to the City Engineer's approval. Seconded by Councilmember Juker. Ayes - all. G. AWARD OF BIDS 1. Park Improvement Project 88 -2P a. Manager McGuire presented the Staff report. - 9 - 8/22 1 b. Director of Parks and Recreation Department Bob Odegard presented the specifics of the bids. C. Councilmember Rossbach introduced the following resolution and moved its adoption; 88 -8 -135 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Enebak Construction Company in the amount of $518,070 is the most responsible bid for general site construction at Playcrest Neighborhood Park, Hazelwood Soccer Complex, Geranium Neighborhood Park and Sherwood Neighborhood Park Project 88 -2P and the proper City officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Anderson. Ayes - all. d. Councilmember Rossbach introduced the following ressilut$an end moved it adoption: 88 -8 -136 WHEREAS, the City of Maplewood adopted a development program for the Tax Increment Development District No. 1, and WHEREAS, investment of tax increment bond proceeds within the capital projects fund has resulted in an unappropriated surplus balance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD that Section 1.10 of the development program, regarding park and open space to be created, is hereby modified to include the following: (d) the improvement of Sherwood Park located at Hazelwood and Cope Avenues. Seconded by Councilmember Anderson. Ayes all. 2. Ferndale Storm Sewer, Project 87 -20 a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the bids. c. Councilmember Anderson introduced the following resolution and moved its adoption: 88 -8 -137 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Meyer Contracting, Inc., in the amount of $28,420.90 is the lowest responsible bid for the construction of Ferndale Street Storm Sewer, City Project 87 -20, and the proper City officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. - 10 - 8/22 Seconded by Councilmember Rossbach H. UNFINISHED BUSINESS Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 1. C.D.R.B. Appeal: Finamart: (2168 White Bear Avenue) a. Mayor Greavu moved to table this Item H -1 until 10:00 P.M. Seconded by Councilmember Anderson. Ayes - all. 2. McKnight Road Phase 2, Project 87 -04 (Public Hearing tabled 8 -8 -88) a. Manager McGuire presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its adoption: 88 - 8 -= 138 WHEREAS, after due notice of public hearing on the construction of roadway and utilities on McKnight Road, Larpenteur Avenue to S.T.H. 36, City Project 87 -04, a hearing on said improvement in accordance with the notice duly given was duly held on August 8, 1988, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct roadway and utilities on McKnight Road, Larpenteur Avenue to S.T.H. 36, City Project 87 -04, as described in the notice of hearing thereof, and orders the same to be made. 2. The execution of Cooperative Agreement Number 88005 with Ramsey County is hereby approved and authorized. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Nay - Councilmember Bastian. I. NEW BUSINESS 1. Schedule for 1989 Budget Meeting a. Manager McGuire presented the Staff report. - 11 - 8/22 b. Councilmember Anderson Seconded by Councilmember Juker. Ayes - all. 2. Code Amendment: Setbacks to Residential Zones (First Reading). a. Manager McGuire presented the Staff report. b. Director of Community Devleopment Olson presented the specifics of the proposed ordinance. c. Councilmember Bastian moved to annrove first read -io. ..f -- --A ------ _ Seconded by Councilmember Anderson. Ayes - all. 3. Code amendment: Single Dwelling Lot Width (First Meeting) a. Manager McGuire presented the Staff report. b. Director of Community Devleopment Olson presented the specifics of the proposal. c. Commissioner Cardinal presented the Planning Commission recommendation. d. Councilmember Rossbach moved first read;no of A,. ,-,i ;,.e.. -- - -__ home sites. - -- , Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Nay - Councilmember Juker. 4. McKnight Road Phase 1I1, Project 87 -05 a. No parking resolution 1. Manager McGuire presented the Staff report. 2. Councilmember Anderson introduced the following resolution and moved its adoption: 88 -8 -139 WHEREAS, the County has planned the improvement of McKnight Road (CSAH 68) from Conway Avenue to 1200 feet north of Stillwater Road; and - 12 - 8/22 WHEREAS, the County will be expending.County state aid highway funds (SAP 62- 668 -26) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum standards 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 on certain parking restrictions; and WHEREAS, the extent of these restrictions, that would be a neces- sary prerequisite 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 the east side of McKnight Road from Conway Avenue to Minnehaha Avenue. Seconded by Mayor Greavu. Ayes - all. 3. Counciimember Anderson introduced the following resolution and moved its adoption: 88 -8- 140 WHEREAS, the County has planned the improvement of McKnight Road (CSAH 68) from Conway Avenue to 1200 feet north of Stillwater Road; and WHEREAS, the County will be expending County state aid highway funds (SAP 62- 668 -26) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum standards 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 on certain parking restrictions; and WHEREAS, the extent of these restrictions, that would be a necessary prerequisite 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 McKnight Road from Stillwater Road to 1500 feet south of Maryland Avenue. Seconded by Mayor Greavu. Ayes -- all. b. Authorized M.S.A. Off- System Transfer 1. Manager McGuire presented the Staff report. - 13 - 8/22 2. Councilmember Anderson introduced the following resolution and moved its adoption: 88 -8 -141 WHEREAS, it has been deemed necessary for the City of Maplewood to fund.required utility reconstruction on State Trunk Highway 5 from McKnight Road to approximately 1200 feet east within the limits of said municipality, and WHEREAS, said construction project has been identified by the Commissioner of Transportation as MSA Project Number 128- 010 -03. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that we hereby authorize appropriation of $30,000.00 from our municipal state aid funds to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Seconded by Mayor Greavu. Ayes - all. 5. Four -Way Stop Maryland - Ferndale a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to anthnr9za c Seconded by Mayor Creavu Ayes - all. 6. Joint Use Sanitary Sewer Maintenance Agreement with St. Paul a. Manager McGuire presented the Staff report. b. Mayor Greavu authorized execution of the revised ioint use sanitary sewer maintenance agreement Seconded by Councilmember Anderson. Ayes- all. H. UNFINISHED BUSINESS Continued) 1. C.D.R.B. Appeal: Finamart (2168 White Bear Avenue) a. Manager McGuire presented the Staff report and stated the applicant is appealing the Design Review Board's requirement that the westerly curb cut on County Road B be closed. b. Attorney Pat Wilcox, representing Finamart Oil, spoke on behalf of the proposal. Councilmember Juker moved to extend the meeting past the deadline. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Nay - Councilmember Bastian. - 14 - 8/22 C. Councilmember Anderson moved to approve the Community Design Review Board's condition. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson and Jukes Nays - Mayor Greavu, Councilmembers Bastian and Rossbach. Motion failed. d. Mayor Greavu moved to close the southerly access and move the driveway 20 feet. Seconded by Councilmember Bastian. Ayes - Mayor Greavu. Nays - Councilmembers Anderson, Juker and Rossbach Councilmember Bastian abstained. Motion failed. Councilmember Anderson moved to table the balance of the Agenda items to August 29 1988. Seconded by Councilmember Bastian. Ayes - all. M. ADJOURNMENT 11:00 P.M. City Clerk - 15 - 8/22 MINUTES OF MAPLEWOOD CITY COUNCIL 6:30 P.M., Monday, August 22, 1988 Council Chambers, Municipal Building Meeting No, 20 -A A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 6:32 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. REVOCATION OF LICENSE 1. Revocation of On -Sale Liquor License - Robert Hatton a. Mayor Greavu stated this hearing is continued from Autust 18, 1988. At that meeting the license was suspended until this meeting. b. City Attorney John Bannigan briefed the Council on the history of the license for the Maplewood Bowl held by Robert Hatton. c. Attorney Gerald Rummel, representing the Maplewood Bowl, Inc., and indirectly Mr. Robert Hatton, outlined his client's interest in the Maplewood Bowl. He stated Robert Hatton defaulted on his loan to Maplewood Bowl, Inc., in April, 1988, and that the business reverted to Adelaide and Del Banjamin, Maplewood Bowl, Inc. d, Ronald Walsh, attorney handling the bankruptcy for Maplewood Bowl, Inc., spoke on behalf of his clients. e. Councilmember Anderson moved to revoke the On -Sale Intoxicating Liquor License in the n ame of Robert Hatton immediatelv due to Mr. Hattnn'c Seconded by Councilmember Juker. Ayes - all. D. ADJOURNMENT 7:20 P.M. City Clerk MINUTES OF MAPIMOOD CITY COUNCIL 7:00 P.M., Monday, August 29, 1988 Council Chambers, Municipal Building Reconvened Meeting No. 88 -2.0 . A. CALL TO ORDER Mayor Greavu reconvened the August 22, 1988 Meeting at 7:00 P.M. B. ROLL CALL John C. Greavu,. Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present H. UNFINISHED BUSINESS (Continued) 1. C.D.R.B. Appeal: Finamart (2168 White Bear Avenue) a. Director of Community Development Olson presented the Staff report. b. Councilmember Rossbach Seconded by Councilmember Anderson 1. NEW BUSINESS Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nays - Councilmembers Bastian and Juker. 7. Gervais Avenue, English Street to Kennard Street, Project 88 -14 - Schedule Public Hearing a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented "the specifics of the proposal. c. Councilmember Anderson _introduced the following resolution and moved its adoption: 88 -8 -142 WHEREAS, the City Engineer for the City of Maplewood has been author- ized and directed to prepare a report with reference to the improvement of Gervais Avenue, English to Kennard Street, City Project 88 -14, by con- struction of roadway with concrete curb and gutter and related improvements, and 8/29 WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: {i 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 Gervais Avenue, English Street to Ken - nard.Street, City Project 88 -14, by construction roadway' concrete curb and gutter and related improvements of is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid imyrovement in accor- dance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $946,690. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 26th day of September, 1988, at 7:10 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 Councilmember Rossbach. Ayes - all. 8. Driveway Variance.- 1377 Belmont Lane a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the proposal. C. Councilmember Juker moved to deny the request for a driveway variance. Councilmember Bastian moved to table this item. Seconded by Councilmember Anderson. Ayes - all. 9. Hydrant Fund Appropriation a. Manager McGuire presented the Staff report. b. Councilmember Anderson Seconded by Councilmember Rossbach. Ayes - all. 10. Resignation - N.E.S.T. a. Manager McGuire presented the Staff report.. - 2 - 8/29 b. Councilmember Anderson _moved to accept the resignation of Char Wasiluk from the N.E.S.T. Commission and moved to appoint Councilmember George Rossbach to the N.E.S.T. Commission. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, and Juker. Councilmember Rossbach abstained. Councilmember Bastian abstained. c. Councilmember Anderson moved to forward a letter of appreciation to Char Wasiluk for her _manL contributions on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. 11. Appointment - Regional Railroad Authority a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to appoint Director of Community Development Olson to the Regional Railroad - Northeast Corridor Task Force Seconded by Councilmember Anderson. Ayes - all. 12. Old City Hall a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to table this item until the next Council Meeting. Seconded by Councilmember Rossbach. Ayes - all. 13. City Newsletter a. Manager McGuire presented the Staff report. b. Councilmember Juker moved to table for further options or solutions Seconded by Councilmember Anderson. Ayes - all. 14. Hiring Consultant to Evaluate Fire Services a. Manager McGuire presented the Staff report. b. Director of Public Safety Collins explained that an analysis of Maplewood's fire services, equipment, etc., would not only assess where Maplewood's fire services are today, but is designed to be a planning tool for the next ten years. c. Councilmember Bastian $10,000 in 1989, Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Councilmember Juker abstained. - 3 - 8/29 15. Computer System a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved authorizntinn Seconded by Mayor Greavu. 16. Atchison Settlement Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Nay - Councilmember Juker. a. Mayor Greavu moved to approve the settlement as presented to Jack Atchison Seconded by Councilmember Anderson. Ayes - all. 17. Fish Creek /Carver Pond a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to terminate the Fish Creek /Carver Avenue feasibility study. Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATION 1. Ferndale Street The following area residents voiced their oppostion to the Geranium- Ferndale- Stillwater improvements: Mrs. Schuler, 2648 Geranium Guy Peterson, 2720 Geranium Susan Kruger, 2643 Stillwater Mrs. Betty Hansen, 2657 Geranium 2. Deleano Benjamin a. Mr. Benjamin, part -owner of the Maplewood Bowl, Inc., requested Council reconsider their action to revoke the liquor license. b. Mayor Greavu waived the Rules of Procedure to reconsider the Cnm Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Rossbach Nay - Councilmember Anderson. c. Councilmember Rosstach stated this item should be a public hearing and moved September 12, 1988, at 6:30 P.M. the date for the hearing Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Rossbach 4 - 8/29 Nay - Councilmember Anderson. K. COUNCIL PRESENTATIONS 1. Elm Tree Update a. Councilmember Bastian questioned what is happening regarding a pro- gram for Elm Tree Disease. b. Councilmember Bastian requested Staff to obtain what an Elm Tree Program would cost. Seconded by Councilmember Anderson. Ayes - all. 2. Motorcycle Ordinance a. Councilmember Bastian questioned who had permits to ride the dirt bikes, etc. b. Staff to investigate. 3. Cable i a. Councilmember Anderson commented on the costs needed to install the cable system into City hall. 4. Harvest Park a. Councilmember Rossbach questioned if the developer is still withholding from settlement. b. Staff stated he is. M. ADJOURNMENT 9:15 A.M. City Clerk - 5 - 8/29 r 'r Agenda Number E -1 AGENDA REPORT TO: City Manager FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: October 3, 1988 Action by Council: Endorsed--_-_,,.__ Modif i ed__., Rejected___ Date It is recommended that the Council approve payment of the following claims: ACCOUNTS PAYABLE: $ 317,572?jOl Checks #8183 - #8265 Dated 09 -13 -88 thru 09 -30 -88 133,677.13 Checks #4180 #4310 Dated 10 -10 -88 $ 451,249.14 Total per attached voucher /check register PAYROLL: $ 172,273.93 Payroll Checks $ 7.566 85 Payroll Deductions $ 179,840.78 Total Payroll $ 631,089.92 GRAND TOTAL Attached is a detailed listing of these claims. DFF:kaz W U' a a ❑ 1 O . 3 1 W L J1 a a: E l O[ >1 � L U [ n C. C O a W ¢, 2 O U M OP >O O O LL0 Y O b O O O O M p r O O Y Z z . . O O N W P P O 10 P O W O D N .+ W N P 2 E 00 W P . 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P m P T N P \ z rc 0 a r a m o 0 0 0 0 0 V V o m M m m m 0 O =] > U Z CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 09 -23 -88 CHECK #5241 - CHECK #5459 EMPLOYEE NAME GROSS PAY GREAVU, JOHN $ 458.33 ROSSBACH, GEORGE 383.33 BASTIAN,,GARY 383.33 JUKER, FRANCES 383.33 ANDERSON, NORMAN 383.33 McGUIRE, MICHAEL A. 2,538.46 BLACKSTONE, GAIL 1,374.10 .ZAWACKI, KATHRYN 915.70 BEHM, LOIS N. 942.10 JAHN, DAVID J. 837.30 SWANSON, LYLE 1,044.20 CUDE, LARRY J. 242.40 OSTER, ANDREA J. 817.66 MIKISKA, WILLIAM 157.60 FAUST, DANIEL F. 1,934.90 TAYLOR, LINDA 744.59 MATHEYS, ALANA K. 1,083.80 VIGNALO, DELORES A. 949.66 ANDERSON, CAROLE J. 1,190.29 LA MOTTE, MARLENE 198.00 AURELIUS, LUCILLE E. 1,788.50 SELVOG, BETTY D. 108.50 SCHADT, JEANNE L. 985.55 KELSEY, CONNIE L. 502.08 HOSCHKA, GERMAINE 628.06 VIETOR, LORRAINE S. 888.01 HENSLEY, PATRICIA A. 718.12 CARLE, JEANETTE E. 8P4 RONGSTAD, CAROLEE 267.00 LING, h 91.88 LIBHARDT, M. 99.00 LUTTRELL, S. 99.00 MORTENSEN, B. 89.25 KAUP, L. 90.56 JONES, S. 86.63 ERICKSON, P. 89.25 EDDY, B. 94.50 McDONALD, M. 89 LIEDER, M. 89.25 TRACY, K. 86.63 MALLET, D. 96.25 GOLASKI, D. 76.13 BIEBIGHAUSER, K. 94 MYCKLEBY -LANG, R. 90.56 KLEBE, E. 89.25 HOUCK, M. 89.25 STELLA, F. 91 88 WIDHOLM, J. 91 88 PODGORSKI, A. 78.75 KING, H. 89.25 GETTY, 0. 91.88 MOWCHAN, G. 86.63 HAAS, T. 76.13 PAYROLL CHECKS ISSUED FOR CHECK #5241 EMPLOYEE NAME PECK, DENNIS L. PRIEBE, WILLIAM IRISH, BRUCE A. GESSELE, JAMES T. GEISSLER, WALTER M. METZ, TERRY LOFGREN, JOHN R. ODEGARD, ROBERT D. BRENNER, LOIS J. KRUMMEL, BARBARA A. STAPLES, PAULINE JONES, LUTHER BOWES, WILLIAM TRAVERS, DANIEL L. VASQUEZ, MICHAEL ANDERSON, ROBERT S. LINDORFF, DENNIS P. GARRY, WILLIAM HELEY, ROLAND B. THURN, PAUL MARUSKA, MARK A. BURKE, MYLES R. GERMAIN, DAVID A. LAMBERT, J. SHELDON, LEO B. BRAUNIG, P. HANNEGAN, A. SCHMIESING, J. MUNTER, B. GREEN, G. HERBER, TODD BESETH, JR., R. MORIS, A. FISCHER, P: WARD, ROY G. TAUBMAN, DOUGLAS J. GREW, JANET M. NELSON, JEAN HORSNELL, JUDITH A. HUTCHINSON, ANN E. BARTA, MARIE L. DOHERTY, KATHLEEN M. OLSON, GEOFFREY W. MISKELL, NANCY LIVINGSTON, JOYCE L. GENEROUS, ROBERT EKSTRAND, THOMAS G. JOHNSON, RANDALL L. OSTROM, MARJORIE CARVER, NICHOLAS N. WENGER, ROBERT J. LACASSE, CASEY NADEAU, EDWARD A. CITY OF MAPLEWOOD PAY PERIOD ENDING 09 -23 -88 CHECK #5459 797 1,280.06 1,210.46 1,442.28 1,233.66 1,256.86 848.86 885.66 1,797.30 1,013.41 417.23 1,499.88 36.00 338.40 67.50 373.45 1,054.46 1,089.96 811.94 1,126.46 388.00 1,314.80 1,147.26 1,126.46 101.25 77.50 60.00 60.00 50.00 60.00 75.00 42.50 15.00 37.50 100.00 406.40 1,196.68 1,024.86 317.84 502.83 430.83 811.02 906.46 1,786.10 161.52 468.26 333.20 1,258.08 1,267.66 1,494.28 1,138.46 1,279.23 230.00 1,193.88 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 09 -23 -88 CHECK #5241 - CHECK #5459 EMPLOYEE NAME WIEGERT, E. DEHEN, M. LING, T. HENDRICKS, B. DITTEL, K. WARNER, C. LACASSE, A. LOFGREN, R. ZUERCHER, G. ARBUCKLE, C. FREDERICKSON, R. GETTY, JR., R. EARLEY, M. LOFGREN, D. PRIGGE, L. BURKE, M. WIEGERT, D. ARBUCKLE, J. MILLER, A. LIPINSKI, J. DICKSON, H. COTTRELL, J. ANDERSON, E. WOLSZON, M. WOLD, M. LEE, M. HAYNES, M. SCHNELLMAN, W. WATSON, M. BERGLUND, B. OLSON, M. LOCKE, G. HEALY, C. FISCHER, L. WOLSZON, R. SUPAN, K. FASTNER, D. FOSBURGH, A. THOMPSON, P. WERDEN, P. COLLINS, KENNETH V. RICHIE, CAROLE L. SVENDSEN,.JOANNE M. NELSON, ROBERT D. OMATH, JOY E. MARTINSON, CAROL F. ZAPPA, JOSEPH A. STILL, VERNON T. SKALMAN, DONALD W. NELSON, CAROL M. MORELLI, RAYMOND J. STEFFEN, SCOTT L. ARNOLD, DAVID L. GROSS PAY 99.00 94.50 90.56 76.13 81.38 99.00 89.25 94.50 89.25 96.25 89.25 89.25 87.94 94.50 86.63 89.25 86.63 96.25 87.94 84.00 86.63 78.75 73.50 97.63 93.50 89.25 89.25 86.63 89.25 89.25 89.25 86.63 91.88 99.00 87.94 96.25 84.00 89.25 96.25 99.00 1,996.50 1,044.49 968.75 1,735.70 1,048.66 1,083.93 1,561.48 1,378.28 1,403.88 1,511.08 1,378.28 1,454.51 1,561.48 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 09 -23 -88 CHECK #5241 - CHECK #5459 EMPLOYEE NAME GROSS PAY BANICK, JOHN J. 1,390.99 BOHL, JOHN C. 1,511.77 CAHANES, ANTHONY G. 1,735.70 CLAUSON, DALE K. 1,403.88 MOESCHTER, RICHARD M. 1,403.88 ATCHISON, JOHN H. 1,403.88 PELTIER, WILLIAM F. 1,561.48 SZCZEPANSKI, THOMAS J. 1,214.07 WELCHLIN, CABOT V. 1,205.83 LANG, RICHARD J. 1,403.89 PALMA, STEVEN T. 1,099.08 HERBERT, MICHAEL J. 1,454.28 DREGER, RICHARD C. 1,561.48 MEEHAN, JR., JAMES E. 1,601.98 STAFNE, GREGORY L. 1,494.50 BECKER, RONALD D. .1,454.28 HALWEG, KEVIN R. 1,624.17 STOCKTON, DERRELL T. 1,378.28 PAULOS, JR., PAUL G. 1,071.35 BOWMAN, RICK A. 1,327.08 KARIS, FLINT D. 1,390.29 HEINZ, STEPHEN J. 1,390.28 GRAF, DAVID M. 1,467.08 THOMALLA, DAVID J. 1,456.59 YOUNGREN, JAMES G. 1,516.83 RAZSKAZOFF, DALE E. 1,454.28 VORWERK, ROBERT E. 1,467.08 BERGERON, JOSEPH A. 1,458.64 MELANDER, JON A. 1,467.08 EMBERTSON, JAMES M. 1,482.90 WILLIAMS, DUANE J. 1,290.10 RABINE, JANET L. 975.72 STAHNKE, JULIE A. 937.15 BOYER, SCOTT K. 817.66 RYAN, MICHAEL P. 1,593.44 FEHR, JOSEPH 728.86 NELSON, KAREN A. 951.26 FLAUGHER, JAYME L. 968.86 HAIDER, KENNETH G. 1,934.10 CHLEBECK, JUDY M. 986.46 WEGWERTH, JUDITH A. 421.49 MEYER, GERALD W. 1,161.50 KANE, MICHAEL R. 1,382.39 LUTZ, DAVID P. 1,084.86 KLAUSING, HENRY F. 1,151.31 SCHMOOCK, JOHN 783.26 HELEY, RONALD J. 1,105.66 OSWALD, ERICK D. 970.78 TEVLIN, JR., HARRY J. 1,126.46 FREBERG, RONALD L. 1,121.05 CASS, WILLIAM C. 1,596.68 LINDBLOM, RANDY 848.86 ELIAS, JAMES G. 1,445.65 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 09 -23 -88 CHECK #5241 - CHECK #5459 EMPLOYEE NAME GROSS PAY NAGEL, BRYAN 810.64 MULWEE, GEORGE W. 1,135.42 NUTESON, LAVERNE S. 1,505.57 BREHEIM, ROGER W. 1,176.16 EDSON, DAVID B. 1,208.70 MULVANEY, DENNIS M. 1,212.86 SPREIGL, GEORGE C. 1,009.66 ATCHISON, JOHN H. 9,789.66 $172,273.93 PAYROLL DEDUCTIONS ICMA RETIREMENT CORPORATION Z1 $ 6,699.50 AFSCME 2725 U1 442.35 MN MUTUAL LIFE INS 19 -3988 160.00 METRO SUPERVISORY ASSOC U3 18.00 MN STATE RETIREMENT SYSTEM Z2 247.00 $ 7,566.85 GRAND TOTAL $179,840.78 Agenda Number [_ -,2- TO: City Manager FROM: Finance Director AGENDA REPORT RE: Increase in Ambulance Rates DATE: October 4, 1988 Introduction Action by Council :1 Endorsed Mo dif i ed___.__ Re j ected—.._a. -- Dat e- __.__._.,._ It is proposed that the ambulance rate structure be revised and increased effective 1 -1 -89 to provide additional revenue to finance the Paramedic Division of the Public Safety Department, to make our rates comparable to those charged by others, and to insure non - residents are paying a greater portion of the costs. Background The last increases in ambulance rates were effective 1 -1 -88 and 1 -1 -87. Prior to that, there had not been an increase since 1 -1 -80. The reason that there was not an increase for seven years was because the special tax levy, authorized by voters on 6 -1 -76, combined with ambulance service charges, had been sufficient to cover the cost of city ambulance services. However, over the past several years the state legislature has revised the levy limit law several times. These revisions have included the transfer of our special levy (for paramedic services) to our levy limit base. The levy limit law changes have put greater restrictions on the City's taxing power which creates a need and incentive to increase service charges. Another factor in favor of a reduced tax subsidy for paramedic services is the extent to which non - residents use the services. Beginning this year the use of paramedic services by non - residents has been monitored. For the first five months of 1988, 38% of the patients transported have been non - residents. Ambulance rates the past two years have been as follows: Length of Time 1987 1988 Services Rendered Rates Rates Over 50 minutes $144 $174 31 - 50 minutes 96 116 11 - 30 minutes 48 58 Charges for services are based upon the length of time services are provided between arrival at the scene and arrival at the hospital or clinic. Maplewood ambulance rates are lower than that charged by other agencies. Also, most others base their charges on whether basic or advanced life support (ALS) ambulance services have been provided. The following is a comparison of ambulance rates charged: City Basic ALS Mileage Charge Medibus Ambulance 85 N/A YES White Bear Lake 75 125 NO North St. Paul 110 150 NO Health East 105 190 YES Cottage Grove 150 265 YES St. Paul 191 318 NO Hennepin County 266 425 YES District Memorial Hospital 238 488 YES Health One 205 583 YES Averages 158 283 Maplewood 58 174 NO Note: Rates listed assume patient transported 10 miles. More detailed information on rates charged by others is in Exhibit A (attached) Alternatives 1. Increase ambulance rates to equal the average rate charged by others surveyed. 2. Phase in over three years increases in ambulance rates to equal the average rate charged by others surveyed. Discussion Since Maplewood is the only ambulance service provider in the area with charges based upon the length of time services are rendered, consideration should be given to changing our rate structure. The most appropriate alternative would be a two -tier rate structure based on whether basic or ALS ambulance services are provided. (Since 1982 we have been required by Medicare to indicate on our ambulance bills whether basic or ALS services have been provided.) The amount of charge should be based on the average rates charged by other providers as these would be the easiest to justify since we do not have detailed cost accounting records. However, an increase in one year to the average rates would probably be considered unreasonable as rates would increase by 63% to.172 %. A better alternative would be to phase in over three years the increase in rates to the average rates. This would decrease the percentage increases as follows: Current New Percent Rate Rate Increase Basic $ 58 $90 55% ALS $174 $210 21% Additional revenue produced by this rate increase would be calculated as follows: $106,470 ALS runs (507 X $210) 45,720 Basic runs (508 X $90) 152,190 Total charges - 16,740 Less 11% allowance for uncollectible accounts 135,450 Estimated 1989 revenue - 63,750 Estimated 1988 revenue $ 71,700 Additional revenue Recommendation It is recommended that the ambulance rate structure be revised and increased effective 1 -1 -89 to $90 for basic ambulance services and $210 for ALS ambulance services. Action Required Council adoption of the attached resolution (Exhibit B). Exhibit A Current Rates for Ambulance Service City of St. Paul (298 -4118) *Will be increased soon. Basic Life Support - $191* Advanced Life Support - 318* Hennepin County (347 -5678) North St. Paul (ll76) Cottage Grove (#66) White Bear Lake (Buelke Ins. Co. 429 -3383 - Kay) District Memorial Hospital (Forest Lake 464 -3341) Health One (222 -3728) (Previously Medplus & Health Central Ambulance Active -Ride) Medibus Ambulance (Minneapolis - 870 -8300) Health East 6 -14 -88 Advanced Life Support: Minor Care - $239 Moderate Care - 292 Major Care 345 Cardiac /Respiratory Arrest - 398 + Oxygen - 21 Add $2.65 /Loaded Mile Basic Rate - $110 Heart Aid - 150 Basic Life Support - $110 Advanced Life Support - $225 Outside Primary Service Area - 450 Add $4.00 /Loaded Mile Transport in Police Car 25 Basic Service - $ 75 Outside of Area (Forest Lake, Still- water, Minneapolis)- 85 Advanced Life Support - 125 Basic Life Support - $198 Advanced Life 1 1rrnport: Scene Trv�,:�nt - 126 Transfer (Hospital to Hospital) - 264 Minor Care - 305 Moderate Care - 371 Trauma Care - 419 Cardiac Arrest - 448 Helicopter.Assist - 300 Add $4.00 /Loaded Mile Basic Life Support: Scheduled Run - $ 78+ Mileage 3.50 /mi. Unscheduled Run 165+ Mileage 4.00 /mi. Advanced Life Support: Level 1 (Minor Care) 285 Level 2 - 375 Level 3 - 490 Level 4 (Full Cardiac Arrest - 520 Add Mileage 6.25/mi. Basic Care - $ 65+ Mileage 2.00 /mi. Basic Life Support - $ 75+ Mileage 3.00 /mi. Advanced Life Support (Paramedic Rig) - 150+ Mileage 4.00 /mi. Exhibit B RESOLUTION WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and WHEREAS, it is fair and reasonable to charge for services rendered based upon the type of services provided, i.e., basic or advance life support services as defined by Medicare. NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1, 1989: Basic ambulance services $ 90 Advanced life support ambulance services $210 BE IT FURTHER RESOLVED, that there shall be no charge for services rendered when the length of services is 10 minutes or less, when the patient is not transported, or when the patient is transported to the detoxification center. Agenda Number 1 ` 3 AGENDA REPORT Action by Council., Endorsed.., TO: City Manager Modified - -_ Rejected FROM: Finance Director, City Clerk, Date Community Development Director RE: Increase in License /Permit Fees and Service Charges DATE: October 4, 1988 Introduction It is proposed that the attached license /permit fees and service charges be increased by 5% for fees and charges due after January 1, 1989. Background It has been past practice to raise miscellaneous service charges annually to keep up with inflation. In addition, several planning fees have been raised. A recent survey (attched) shows that some of our fees are below the average of other cities. Fee changes based on this survey are marked * *. The proposed increase will generate approximately $8,500 of additional revenues for the General Fund. Attached is a listing of present and proposed fees. it should be noted that revision of the planning - related fees requires adoption of an ordinance which is also attached. All of the proposed fees represent an appoximate 5% increase. Recommendation It is recommended that the Council increase license /permit fees and service charges by 5% effective January 1, 1989 to keep up with inflation. Action Required Council approval of the attached fee schedule to be effective for fees and charges due after January 1, 1989, and approval of the first reading of the attached ordinance. DFF /ch Planning Fees (Set by Ordinance): Zone Change Conditional Planned Unit Development Comprehensive Plan Amendment Variances: R -1 All Other Districts Vacations Lot Divisions (Fee per lot created) Preliminary Plat Final Plat Sign Erection Permit: 1 - 10 Sq. Ft. 11 - 25 26 - 50 51 - 100 Over 100 Billboard Erection Permit: Each Additional Sq. Ft. Billboard License Code Amendment * Plus $12 for each affected property to pay for the County's filing fee for resolutions. ** *Less than the average fee other cities charge. Based on average time in Maplewood to process a final plat. Proposed 1987 1988 1989 Fee Fee Fee $150* $157* $250 ** 150* 157* 165* 150* 157* 300 ** 150* 157* 165* 43* 45* 50 ** 85* 89* 75 ** 48* 50* 53* 32 33 35 150 157 300 * ** 32 33 50 * ** 11 12 13 16 17 18 27 28 .29 64 67 70 117 122 128 9 10 11 $.50 $.52 $.55 219 229 240 165 * Plus $12 for each affected property to pay for the County's filing fee for resolutions. ** *Less than the average fee other cities charge. Based on average time in Maplewood to process a final plat. Licenses Due January 1st: Proposed *License Fee set by State Law 1987 1988 1989 F ee Fee Fee Amusement Parts License $118 $123 $129 Bench Permit: First Bench 36 38 40 Each Additional Bench 21 22 23 Bingo License: For One Night /Wk. for 52 Wks. 118 123 129 For Two Nights /Wk. for 52 Wks. 237 248 260 One Night 15 15 16 Christmas Tree Sales: Regular 113 118 124 Non - Profit Organization 88 92 97 Cigarettes & Tobacco 31 32 34 Coin - Operated Amusement Devices: Per Location 118 123 129 Per Machine 31 32 34 Dog Kennels: First Time 31 32 34 Renewal 15 16 17 Gambling License 118 123 129 Gambling Investigation & Administration Fee 250* 250* 250* Golf Course 119 124 130 Home Occupations: Initial 43 45 47 Renewal 17 18 19 Motels: 1 - 15 Units 48 50 53 16 - 35 Units 75 78 82 36 - 100 Units 117 122 128 Over 100 144 150 158 *License Fee set by State Law Licenses Due January 1st: Restaurant and /or Bakery: Food Establishment Catering Food Vehicle: First Vehicle Each Additional Fleet License Itinerant Food Establishment: (Limit 7 days) First Day Each Additional Day Non - Perishable Food Vehicle: First Vehicle Each Additional Fleet License Potentially Hazardous Food Vehicle: First Vehicle Each Additional Fleet License Special Food Handling Establishment Tavern License Taxicab License Base Charge Each Driver Theater License: Indoor Outdoor Contractor's License 31 32 Proposed 1987 1988 1989 Fee Fee Fee $129 $135 $142 67 70 74 31 32 34 180 188 197 31 32 34 16 17 18 30 31 33 21 22 23 82 86 90 93 97 102 46 48 50 268 280 294 46 48 50 237 248 260 31 32 34 11 12 13 118 123 129 237 248 260 64 67 70 Licenses Due July 1st: 3.2 Beer License: On -Sale Off -Sale Temporary Food & Beer Used Car Dealer Licenses Due August 1st Motor Vehicle Repair Service Station: First Pump Each Additional Pump Trailer Rental: First 5 Trailers Each Additional Trailer Licenses. Due November 1st: Club Liquor License On -Sale Liquor Off -Sale Liquor Sunday Liquor Beer and Wine: Seating up to 25 Each additional 10 seats Maximum 43 45 Proposed 1987 1988 1989 Fee Fee Fee $100* $100* $100* 30* 30* 30* 16 /Day 17 /Day 18 /pay 237 248 260 43 45 47 48 50 53 7 8 8 16 17 18 5 6 6 300* 300* 300* 4,595 4,800 5,040 200* 200* 200* 200* 200* 200* 900 94.0 987 118 123 129 2,390 2,500 2,625 *License Fee Set By State Law Miscellaneous Service Charges• Tax - Exempt Mortgage Revenue Financing - Commercial Base Charge (% of Bond Issue) Minimum Maximum Amount Paid With Application Tax - Exempt Mortgage Revenue Financing - Multiple Dwellings Application Fee Liquor License Investigation Fee Block Party License Carnival License Solicitor License: Base Per Company Additional Per Solicitor Auctioneer License: Annual Daily Pawn Shop Pending Assessment Searches Police Accident Report Copies Cat and Dog Licenses: Male Female Neutered /Spayed Tax Increment Financing Application Fee (escrow) Building Relocation Community Design Review Board Sewer Connection Permit (Per Connection): Residential Connection Non - Residential Connection Moving Permit Wrecking Permit Driveway Permit Property Owner List Base Price Mobile Home Permits Occupancy Permit Proposed 1987 1988 1989 Fee Fee Fee 1% 1% 1% 5,150 5,380 5,649 20,600 21,530 22,606 2,000 2,000 2,000 2,000 2,100 2,205 360 375 394 16 17 18 117 122 128 64 67 70 32 33 35 59 62 65 16 17 18 59 62 65 6 7 7 5 5 6 6 7 7 6 7 7 3 4 4 5,000 5,200 5,460 117 122 128 64 67 100 ** 32 33 35 48 50 53 64 67 70 32 33 35 7 7 8 3.60 /Name 3.70 /Name 5.50 /Name 32 35 37 39 41 5 6 Publications (Includes Sal Tax Proposed 1987 1988 1989 Fee Fee Fee Zoning Code $ 6.25 $ 6.50 $10.00 ** Platting Code 3.25 3.40 5.00 ** Sign Code 2.75 2.90 3.05 Comprehensive Plan 10.25 10.70 11.25 Zoning Map 3.75 3.90 4.10 City Map 3.75 3.90 4.10 Section Map 3.75 3.90 4.10 Planning Commission or Community Design Review Board : Minutes 0 7 /yr. 8 /yr. Agenda Packet 0 82 /yr. 86 /yr ORDINANCE NO. PLANNING FEES Section 1 as follows: Section 2 Section 3 Section 36 -26 of the Zoning Code of the City of Maplewood is hereby amended Section 36 -26. Fees. The following non - refundable application fees shall be required: Zone Change Conditional Use Permit Planned Unit Development Comprehensive Plan Amendment Variances: R -1 All other districts Vacations Lot Divisions Preliminary Plat Final Plat Home Occupation Permit $250 165 300 165 50 75 53 35 for each lot created 300 50 47 for the initial permit and 19 for an annual renewal Section 36 -258 of the sign code is amended as follows: Section 36 -258. Fees. (1) A sign erection permit fee (except for billboards) shall be paid in accordance with the following schedule: Square Feet Fee 1' - 10 $ 13 11 - 25 18 26 - 50 29 51 - 100 70 Over 100 128 (2) The fee for erection of billboards shall be $11.00 for the first five square feet, plus $.55 for each additional square foot. (3) The annual license fee for billboards shall be $240. This ordinance shall take effect on January 1, 1989. Passed by the Maplewood City Council on Attest: Mayor Ayes- - Nays -- [4 re b: vsi: PLANNING FEE QUESTIONNAIRE RESPONSES REZONINGS Anoka, $100 - One acre or less Cottage Grove 150 - Two acres Dayton 20 /acre _ Over Two acres Arden Hills 100 + Consulting Fees Blaine ' 250 300 One 300 + 25 /acre 0 -3 acres Bloomington 500 Edina 600 Brooklyn Center' 350 Hopkins 200 Brooklyn Park 250 Maple Grove All others,200 + 20 /acre (500 max..) Burnsville 500 Minneapolis 100 + 50 /lot Champlin 250 + 300 Escrow Coon Rapids One acre or less - 150 Over one acre - 150 + 20 /acre Cottage Grove 250 Crystal 75 Dayton 150 Eagan Eden Prairie 250 Residential: 0 -10 Units - 300 + 5 /Unit 11 or more - 400 + 5 /Unit Commercial /Office /Industrial: 300 One 300 + 25 /acre 0 -3 acres or less: 400 + 25 /acre 3 or more Edina 600 Fridley 300 Hopkins 200 Lino Lakes 50 + 300 Escrow R -A, R -1, 100 + 20 /acre (500 max.) Maple Grove All others,200 + 20 /acre (500 max..) Maplewood 157 Minneapolis 100 + 50 /lot Minnetonka y 350 Mounds View 50 New Brighton 500 250 +250 Deposit for Consulting Fee New Hope u Plymouth ✓ Residential - 300, All others - 360 Richfield 350 Robinsdale 85 Base Fee Roseville � 100, Shoreview '� �. 400 Spring Lake Park 50 + 50 Escrow St. Anthony v 100 St. Louis Park/ Paul 300 One acre or less: 335 Residential + 10 /lot St. 465 Commercial Over one acre: 395 Residential + 10 /lot 530 Commercial Wayzata V 300 West St. Paul White Bear Lake 250 100 + 3 -5 Residents Notification Fee Woodbury. One acre or less - 150 + 750 Escrow Over one acre - 300 + 750 Escrow `�J PLANNING FEE QUESTIONNAIRE RESPONSES PLATS Anoka' Arden Hills" Blaine ✓ Bloomington v Brooklyn Center Brooklyn Park 'Burnsville Champlin Coon Rapids Cottage Grove Crystal Dayton Eagan Eden Prairie Edina Fridley Hopkins Lino Lakes Maple Grove Maplewood Minneapolis Minnetonka $ 50 + 1 /lot 150 + 15 /lot Preliminary - 300 + 5 /lot + 15 /acne ✓ Final - 100 + Legal Fees ✓ Preliminary - 50 + 5 /lot Final - 50 + 2 /lot 100 + Legal Fees ✓ 10 /lot (200 minimum, 300 maximum)+ 100 /Acre Escrow (500 minimum, 1,500 maximum) Preliminary, - 150 Final 10 + 5 /lot + Engineering Fees Preliminary - 200 + 10 /lot Final - 100 Preliminary - 100 + 10 /10t Final - 100 Preliminary 4 /lot (250 minimum)v Final - 200 75 10 /lot (150 minimum) + 1000 Escrow for Expenses Preliminary - 300 + Escrow Final - 100 + 3 /lot + Escrow ✓ Residential: 0 - 10 Units 3 + 5 /unit. 11 or more - 400 + 5 /unit Commercial /Office /Industrial: 0 - 3 Acres - 300 + 25 /Acre 3 or more - 400 + 25 /Acre 225 + 5 /Lot Preliminary - 500 Final - 500 150 50 + 600 Escrow . Preliminary: 250 + 5 /lot (Residential) 250 + 20 /lot (Commercial) Final: 100 + Escrow Preliminary - 157 Final - 33 325 -If no new street - 150 If new street - 250 + 5 /lot (over 3 lots) Mounds View 150 , ,New Brighton'/ Preliminary - 200 + 20 /lot Final - 100 New Hope 200 + 200 deposit for Consulting Fees Plymouth Preliminary - 250 minimum (or 18 /acre) + 10 /lot Final- 120 I. PLATS Continued Richfield $150 Robinsdale 85 Base Fee Roseville 100 Shoreview 75 - 3 lots or less / 200 + 5 /Lot - 4 Lots or more Spring Lake Park = 150 + 1 /Lot (200 maximum) St. Anthony 25 + 1 /lot (Maximum of 150) St. Louis Park, Preliminary /Final: 150 + 25 /lot in excess of four, not to exceed 1,200 (R -1, R -2, R -3 districts). 360 + 55 /lot in excess of four, not to exceed '2 (Other districts). St. Paul Preliminary 200 + 5 /lot Final 65 Wayzata 3 lots or less - $100 4 -15 lots or less - 200 15 -30 lots or less - 300 Over 30 - 500 West St. Paul 250 + 2 /lot- White Bear Lake. Preliminary: 100 + 2 /lot + 3 -5 Residents Notification Fee Final - 0 Woodbury Preliminary: 100 + 1 /lot + 750 Escrow 100 + 750 Escrow /I Final: �r�liifril FL.s a.: PLANNING FEE QUESTIONNAIRE RESPONSES PLANNED UNIT DEVELOPMENT Anoka' $1000 Escrow Arden Hills 100 + Consulting Fees Blaine Working on a New Ordinance Bloomington 500 + 100 per revision Brooklyn Center N/A Brooklyn Park 75 Burnsville 500 Champlin Concept - 200 + 500 Escrow Eagan Preliminary - 600 + 20 /Acre Eden Prairie Concept /Preliminary Comb. - 600 Final - 100 Coon Rapids Concept - 100 Preliminary - 200 + 20 /Acre Concept - 35 Final - 50 + 10 /Unit (Residential) 200 (Commercial) Cottage Grove N/A Crystal 75 Dayton 1000 Minimum Escrow for Legal Planning, Engineering Expenses Eagan 250 Initial, 25 Annual Review Eden Prairie Concept - 500 or 5 /acre (whichever is greater) Escrow Concept / Prelminiary - 500 or 5 /acre 157 (Whichever is greater) Minneapolis Final -,N/A Edina N/A Fridley 300 Hopkins Concept - 35 Concept /Preliminary /Final 75 Lino Lakes N/A Maple Grove Concept - 250 + 20 /acre Preliminary - 200 + 5 /lot (Residential) 200 + 20 /lot (Commercial) Final - 100 + Escrow Maplewood 157 Minneapolis 10 -24 Units - 100 25 -49 Units - 150 50 -99 Units - 200 100 + Units - 300 Minnetonka N/A Mounds View 100 New Brighton 500 (Residential) 350 + 20 /acre (Commercial /Industrial) New Hope 500 + 250 Deposit for Consulting Fees Plymouth Concept - 360 , Preliminary - 120 Final - 120 PLANNED UNIT DEVELOPMENT (Continued) Richfield $200 + 5/1000 project value (Maximum Fee of•2 Robinsdale 85 Base Fee Roseville N/A Shoreview Spring.Lake Park St. Anthony . St. Louis Park 'St. Paul Wayzata West St. Paul White Bear Lake Woodbury Concept - 200 Preliminary - 200 + 5 /Lot N/A 300 400 465 /First 50,000 Square Feet 65 /ea Additional 50,000 sq. ft. Concept /Preliminary 150 Final 150' 250 + 2 /lot 100 + 3 -5 Residents Notification Fee Preliminary - 300 + 750 Escrow Final - 300 + 750 Escrow 4 . .76)0 PLANNING FEE QUESTIONNAIRE RESPONSES VARIANCE Anoka Arden Hills Blaine Bloomington Brooklyn Center Brooklyn Park Burnsville Champlin Coon Rapids Cottage Grove Crystal Dayton Eagan Eden Prairie Edina $ 50 50 + Consulting Fees 75 - One /Two Family Residential 150 - Others 75 - Single Family Residential 150 - Others - 50 100 30 - Residential 60 - Commercial /Industrial 50 50 50 75 25 - Residential 25 + 50 - Commercial 75 75 - Residential 125 - Commercial /Office /Industrial 50 - Residential 100 - Non - Residential Fridley 60 - Residential (R -1) New Brighton 100 - All Others Hopkins 50 - Single Family Lino Lakes 50 + 200 Escrow Maple Grove 150 Plymouth Maplewood 45 - Residential 90 89 - Commercial Minneapolis 50 + 30 /each additional lot Minnetonka 50 Robinsdale Mounds View 50 New Brighton 100 - Residential, 300 - Other New Hope 40 - Single Family 150 + 150 Deposit for Consulting Fees - All Others Plymouth 60 - Variance w /Site Plan 90 - All other Variances Richfield 129 - Residential 300 - Non - Residential Robinsdale 85 Base Fee Roseville 25 - Minor Residential Variance 50 - All Others Shoreview 50 Spring Lake Park 25 + 50 Escrow St. Anthony 15 - Residential (R -1 only) 25 - Commercial 1: Variance Continued St..Louis Park St. Paul Wayzata West St. Paul White Bear Lake Woodbury 100 - Single Family detached 150 - Others + 50 Filing Fee 140 - Minor /170 Major Residential 235 - MultiFamily, 335 - Commercial 75 50 - Residen'tial, 250 - Commercial 30 + 3 -5 Mailing Fee 25 - Residential + 50 Escrow 50 - Commercial + 50 Escrow Y PLANNING FEE QUESTIONNAIRE RESPONSES SITE PLAN REVIEW Anoka $ 50 Arden Hills 100 +Consulting Fees Blaine 100 Bloomington 100 - Final Site Plan Brooklyn Center 250 Brooklyn Park N/A Burnsville 150 Champlin 200 + 300 Escrow Coon Rapids 100 + 20 /acre Cottage Grove 150, Crystal 75 Dayton 500 Escrow to cover expenses Eagan Eden Prairie 300 or 5 /acre (whichever is greater) Edina N/A Fridley N/A Hopkins N/A Lino Lakes 50 + 300 Escrow Maple Grove 250 Maplewood 67 Minneapolis 65 Minnetonka 160 + 5/1000 Sq. Ft. of Building (Commercial & Industrial) 350 + 5 /Unit (Multiple Residential) 50 /Building 50 /Parking Lot Revision Mounds View New Brighton New Hope Plymouth Richfield Robinsdale Roseville Shoreview Spring Lake Park St. Anthony St. Paul Wayzata West St. Paul White Bear Lake Woodbury 50 200 Initial - 240 Revised - 120 Only in C -3 Zoning Districts - 200 + 5 per 1000 of project value (maximum of 2000) -0- N/A 100 100 + 150 Escrow N/A 65 minimum N/A 65 /Hour -0- 100 + 750 Escrow PLANNING FEE QUESTIONNAIRE RESPONSES ZONING CODE BOOK Anoka Arden Hills Blaine Bloomington ' Brooklyn Center Brooklyn Park Burnsville Champlin Coon Rapids Cottage Grove Crystal Dayton Eagan Eden Prairie Edina Fridley Hopkins Lino Lakes Maple Grove Maplewood Minneapolis Minnetonka Mounds View New Brighton New Hope Plymouth Richfield Robinsdale Roseville $10 25 - Zoning Code Book 40 - Comprehensive Plan 10 — Subdivision Regulations 15 - Zoning Code Book 5 - Subdivision Regulations 9 3.50 No Charge 5 10 5 + Postage 15 10 .25 /Page 10 25 11 5 15 10 15 (No Charge to Government Entities) 6.50 - Zoning Code Book 10.70 - Comprehensive Plan 3.40 - Plating Code 35 10 - Zoning Ordinance 5 - Subdivision Variance 15 - Comprehensive Plan & Map N/A 15 5.83 - Zoning Code Book 4.24 - Sign Code Book 10 - Residents, 20 - Non - Residents 20 40 1 per Section Shoreview Spring Lake Park St. Anthony St. Louis Park St. Paul Wayzata West St. Paul White Bear Lake Woodbury 14e r /.LK 5 .10 /Page 10 7.50 25 25 20 10 - Zoning Code Book 5 - Subdivision Code 20 to ORDINANCE NO. PLANNING FEES Section 1. Section 36 -26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36 -26. Fees. The following non - refundable application fees shall be required: Zone Change Conditional Use Permit Planned Unit Development Comprehensive Plan Amendment Variances: R -1 All other districts Vacations Lot Divisions Preliminary Plat Final Plat Home Occupation Permit $250 165 300 165 50 75 53 35 for each lot created 300 50 47 for the initial permit and 19 for an annual renewal Section 2. Section 36 -258 of the sign code is amended as follows: Section 36 -258. Fees. (1) A sigw erection permit fee (except for billboards) shall be paid in accordance with the following schedule: Square Feet Fee 1 - 10 $ 13 11 - 25 18 26 - 50 29 51 - 100 70 Over 100 128 (2) The fee for erection of billboards shall be $11.00 for the first five square feet, plus $.55 for each additional square foot. (3) The annual license fee for billboards shall be $240. Section 3. This ordinance shall take effect on January 1, 1989. Passed by the Maplewood City Council on Attest: Mayor Ayes- - Nays- - Clerk , ^ ` ` AGENDA REPORT . TO: City Manager FROM: Assistant City Engineer SUBJECT: McKnight Road, Phase II, Project 87-04 MSA Off `System Transfer DATE: October 4, 1988 I AGENDA ITEM~~~~~~~~ ' , Action by CounciI� Endorse 0 odi:flvd~..'^.~_~ 8ojootod ----- ~~~- D ate ----------- INTRODUCTION ' ^ ' It is necessary to supplement the funding for this project that was approved at the public hearing on August B 1988, by the allocation of $45,000 from the city's municipal state aid (MSA) account. The attached resolution authorizes Minnesota Department of Transportation (MnDOT) to transfer this money for use on this . project � (Mn. DOT) The finan6ing for this project presented at the public hearing was based on an estimated determination by MnDOT of the cost split between MnDOT, Ramsey County, North St. Paul and Maplewood" Subsequently, North St" Paul requested MnDOT to give a credit for existing storm sewer facilities on McKnight that are to be used as the outlet for storm water from this project~ North St. Paul had oversized these sewers when built to provide for future capacity which is now required. MnDOT issued a credit to North St. Paul" This necessitated a redistribution of costs" Maplewood/s share of storm sewer costs increased from $25 to $70 A copy of the revised cooperative agreement is attached" MnDOT has indicated the city may use MSA funds to cover the increase because McKnight Road is a county state aid highway (CSAH 66)" The MSA funds may be used if the council passes the attached resolution" It should be noted that the use of MSA funds for off, siystem uses on a CSAH or trunk highway, although permitted, is penalized by reduction of MSA needs for 10 years, Currently, the city has excess MSA funds and probably will be penalized by reduction of needs for failure to expend its allocation. Therefore, the penalty for off system expenditure is viewed as irrelevant. RECOMMENDATION For McKnight Road from Larpenteur to T.H. 36 to be constructed is necessary that the council either allocate MSA funds through an off system transfer to cover increased storm sewer cost share or have a new public hearing with assessments proposed at the requisite higher rate" Due to the time constraints for funding of McKnight Road, a new public hearing may imperil other state and federal funding. Therefore, it.is recommended that the attacked resolution be adopted and authorize execution of the revised cooperWat gyve agreement. Attachments Agreement No. 88005 RAMSEY - COUNTY COOPERATIVE AGREEMENT WITH MAPLEWOOD Agreement between MINN. PROJ. NO. 5085 () the The County of Ramsey 47358 Road 68 S.P. 62- 668 -25 and the City of Maplewood 47358E36 Maplewood Project 87 -4 Re: McKnight Road Construction and /or reconstruction from 190' north of Larpenteur Avenue to 700' South of T.H. 36 and Maplewood Utility Improvements in the City of Maplewood Estimated Amount Receivable: Utilities $35,633.55 Storm Sewer (est.) 70,717.56 Curb & Gutter 7 Sidewalk Concrete 5 Total $118,862.60 THIS AGREEMENT, by and between the City of Maplewood, Minnesota, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County "; WITNESSETH: WHEREAS, The County and the City desire to construct and rebuild McKnight Road (County State Aid Highway 68) from a point 188.54 feet north of the south line of Section 13, T29N, R22W ( Larpenteur Avenue) and 14.76 feet east of the west line of said Section 13 to a point 1379 feet north of the Northwest corner (County Road B) of Section 13, T29N, R22W (see attached Exhibit A); and WHEREAS, McKnight Road from Holloway Avenue to T. H. 36 is in the City of North St. Paul; and WHEREAS, the City of North St.' Paul and the County have a separate Cooperative Agreement No. 88006; and . WHEREAS, this project has been designated by the Minnesota Department of Transportation as eligible for certain construction costs reimbursement from the Federal Aid Urban funds and identified as MINN. PROJ. No. 5085 ( ); and WHEREAS, this road project has been designated by the Minnesota Department of Transportation as eligible for certain construction costs 'reimbursement from the County State Aid Highway funds and identified as S.P. 62- 668 -25; and WHEREAS, the project includes City watermain and sanitary sewer improvements and adjustments designated as Maplewood Project 87 -4; and WHEREAS, plans for this project MINN. PROD. NO. 5085 ( ), S.P. 62- 668 -25 and Maplewood Projeect 87 -4 showing proposed alignment, profiles, grades and cross sections for the improvement of County State Aid Highway 68-within the limits of the City as a county state aid highway project has been presented to the City; and WHEREAS, project includes, in addition to other things, grading, concrete curb and gutters, storm sewer, sidewalks, and City utility adjustments and /or improvements; and WHEREAS, the Minnesota Department of Transportation has determined allowable credit for storm sewer.. outfall lines previously constructed prior to the project, and the resulting portion of this storm sewer system eligible for Federal Aid Urban and County State Aid Highway funds as present in D.V. Halvorson, MN /DOT Hydraulics Engineer, office memorandum dated August 2, 1988, attached as Exhibit B. NOW, THEREFORE, 1,`l' IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. The County shall prepare the necessary plans, specifications and proposals, take bids, and with concurrence of the City and the City of North St. Paul, recommend award of a contract for the construction of this project to be awarded by the Minnesota -Department of Transportation; the County shall perform the construction inspection. 2. The City shall assist the County in the inspection of the sanitary sewer and watermain improvements under Maplewood Project 87 -4. The City shall lead discussions with the City, of St. Paul Board of Water Commissioners on interpretation and administration of the. plans and specifications relating to the watermain improvement and modification. 3. All road project right of way and temporary easements will be in the name of the County, and parking and other regulations will be controlled by the County. All highway rights of way on the project which are owned or acquired by the City shall be assigned by the City to the County. 4. The City shall acquire and pay for all rights of way and easements required for the construction of Maplewood Project 87 -4 except those on County -owned property. 5. The storm sewer system as shown in the plans and specifications is eligible for construciton cost reimbursement of 84.93% by Federal Aid Urban and County State Aid funds based on the hydraulics memorandum, Exhibit B, and this portion shall be paid by the County. 6. The City shall pay for 15.07% of the construction cost of the storm sewer system which portion is attributable to contributing area from the City outside the road right of way and not eligible for reimbursement from Federal Aid Urban or County State Aid Highway funds. 7. Upon completion of the project the County shall own and maintain the storm sewer catchbasins and leads and the City shall own and maintain the storm sewer trunk lines within the City. Laterals servicing property within the City outside the road right of way shall .be owned and maintained by the City. 8. The sidewalk is eligible for 76.74% of the construction cost reimbursement from the Federal Aid Urban funds and this portion shall be paid for by the County. The 23.26% remaining construction cost of the sidewalk within the City except for replacement of existing sidewalk in good condition and median walk, shall be paid for by the City. 88005 Page 2 of 5 9. Upon completion of the project the City shall own and maintain the sidewalk within the City. 10. The City, shall pay to the County 75% of 23.26% of the cost of concrete curb and gutters constructed wthin the City except for medians and replacement of existing: concrete curb-and gutters. The County shall pay 76.74% plus 25% of the remaining 23.26 %. The 76.74% being that portion of the construction cost eligible for reimbursement from the Federal Aid Urban funds. 11. Existing City utilities whose modification and or adjustment is necessitated by the roadway construction and are eligible for Federal Aid Urban and County State Aid Highway funds reimbursement shall be paid for by the County. Individual items and quantities are identified in the plans and specifications within the S.P. 62- 668 -25 participating Ramsey County Estimated Quantities column of the Statement of Estimated Quantities. 12. The City shall pay 100% of the cost to the County for City utility betterments and additions. Individual items and quantities are identified in the plans and specifications under Maplewood Project 87 -4 and shown within the non - participating Maplewood Estimated Quantities column of the Statement of Estimated Quantities. 13. The plans and specifications provide under the Maplewood Project 87 -4 portion for the contractor to dig certain trenches and for the City of St. Paul Board of Water Commissioners to install certain watermain apurtanenances such as water services, watermain air valves and water tap connection to existing watermains. The City agrees that compensation to the City of St. Paul Board of Water Commissioners, if any, for their services is not provided for under this project and shall be paid for separately by the City. 14. Any City utility or facility improvements to those provisions presently made in the plans and ,specifications may, be incorporated in the construciton contract by supplemental agreement and shall be paid for as specified in the supplemental agreement. 15. Upon completion of the work on the sanitary sewer and watermain systems, the City shall own and maintain the sanitary sewer and water supply systems. 16. The sum of Item No. 2021.501 Mobilization plus Item No. 0041.606 trainees plus Item No. 0563.601 traffic control shall be deducted from the total contract amount and prorated to the remaining contract costs paid by the City of North St. Paul, the City and the County as shown in attached Schedule D. 17. All liquidated damages assessed the contractor in connection with the work performed on the project shall result in a credit shared by the City of North St. Paul, the City and the County in the same porportion as their respective total share of construction work is to the total construction cost without any deduction for liquidated .damages. 18. The City shall pay 10% of its share of the construction cost, as determined by the contract proposed to be awarded, to the County as a preliminary engineering fee. This fee shall be due after receipt of bids and prior to award of a construction contract by the Minnesota Department of 'Transportation. 88005 Page 3 of 5 19. In addition to the preliminary engineering fee the City shall pay 8% of its 1.share . of the construction' cost, as determined by the final estimated contract amounts, to the County as a construction engineering fee. This fee shall be due upon notification to the City of the estimated final amounts due to the contractor.' -20. All charges for services such as inspection and supervision by the City of St. Paul Board of Water Commissioners shall be paid for by the Ctiy. 21. The City shall not assess or otherwise recover any portion of its costs for this project through levy on County -owned property. 22. Attached, and marked SCHEDULE C, is a preliminary construction cost estimate form which lists all of the anticipated cost items and their estimated quantities and costs. For convenience; group totals and subtotals of the construction costs of the *various aspects of the project have been shown. 23. Attached, and marked SCHEDULE D, is a preliminary cost participation breakkdown demonstrating the method of calculation and identifying the City estimated costs for the project. 24. It is estimated, for accounting purposes, that the City share of the costs of the construction plus engineering cost payment to the County is the total sum of $118,862.60, as calculated on SCHEDULE D. The County shall, when a construction contract is proposed to be awarded, prepare a revised SCHEDULE C and SCHEDULE D based on construction contract unit prices and submit a copy of the revised SCHEDULE .0 and D to the City... The City agrees to advance to the Treasurer 'of Ramsey County an amount equal to the City total constructton cost share plus preliminary engineering costs as set forth in the revised SCHEDULE D be it more or less than the estimated sum of $110,804.12., 25. It is contemplated that the Minnesota Department of Transportation will award a construction contract for the work that is to be done on a unit price basis. Upon completion 'of the work, the County shall prepare a revised SCHEDULE C and D based upon the contract unit prices and the actual units of work estimated to have been performed and submit . a copy of this revised SCHEDULE' q and D to the City. The construction .engineering costs to, be paid the County by the City shall be based on this revised SCHEDULE C and D estimated final construction costs. The County shall add to the estimated final construction costs the preliminary engineering based on the contract as awarded and construction engineering costs due from the City, make necessary adjustments for liquidated damages, if any, and deduct City funds previously advanced for the project by the City. The City agrees to pay to the County any amount due, be it more or less than the estimated sum of the first revised SCHEDULE C and D. In the event the calculations show that the City has advanced funds in greater amount than is due the County, the County shall refund the amount to the City without interest. 26. Upon final acceptance of the work by the Minnesota Department of .Transportation, the County shall again revise SCHEDULE C and D in accordance with the final amounts due and compute the final construction cost to the Ctiy. To this shall be added the previously computed and paid preliminary and construction engineering cost, adjustments made for liquidated damages, if any, and deduction made for City payments previously made. The City agrees to pay to the County and amount due be, it more than $2.00. ' The County agrees to pay to the City any over payment by the City, without interest, be it more than $2.00. 88005 Page 4 of 5 a 27. Preliminary plans reviewed at the public hearing and. final plans and specifications are hereby in all things approved. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed. CITY OF MAPLWOOD, MINNESOTA 10 Its By Its Date Date App ved as �F�o�rm: Assistant County Attorney Recommended for approval: Kenneth E. Weltzin, P.E. Director Ramsey County Public Works Department THE COUNTY OF RAMSEY By: Chairperson Board of County Commissioners Attest: Chief Clerk- County Board 88005 Page 5 of 5 RESOLUTION AUTHORIZING TRANSFER OF MUNICIPAL STATE AID FUNDS FOR OFF SYSTEM EXPENDITURE WHEREAS, it has been deemed necessary for the City of Maplewood to fund required storm sewer construction on McKnight Road between Larpenteur Avenue to T.H. 36, S.P. 62~668-25 City Project 87~04 withinthe limits of said municipality, and , WHEREAS, said construction project has been identified by the commissioner 00transp or a on t ti NSA as Project Number 130-020- 08" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA that we hereby authorize appropriation of $45 from our municipal state aid funds to apply toward the construction of said project and request the commissioner of transportation to approve this authorization. � | ! ` TO: ; FROM: SUBJECT: ,^ DATE: ` Action by Council: Eudnrxad~~. Mo AGENDA ITEM ^` Vato ~~~_~.~-~_^-~~° AGENDA REPORT ` City Manager Assistant City Engineer Grading and Water Main to Elevated Tank on Sterling Project 87-45--Change Order 1 October 4 1988 Attached is a letter from the project engineer and change order form for the subject project. The change order is for time extension only and does not increase project cost" It is recommended th the attached resolution that authorizes execution of the change order be approved. jc Attachment ENGINEERS 0 ARCHITECTS 0 PLANNERS September 28, 1988 Mr. Bruse Irish, Assistant City Engineer City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Bruce: RE: MAPLEWOOD, MINNESOTA GRADING AND WATERMAIN TO ELEVATED TANK ON STERLING STREET CITY PROJECT NO. 87 -45 SEH FILE NO: 87198.01 Enclosed are five (5) copies of Change Order No. 1 concerning the contract time change for the above referenced project. We recommend approval of this contract time change due to the delay in delivery of the watermain by the supplier. Please review and if approved by Council, return four (4) signed copies to us and retain one copy for your records. Sincerely, Kenneth R. Meister, PE. KRM /jcj Enclosure OCT 0 3 1901 222 CAST LITTLE CANADA ROAD, ST: PAUL, MINNESOTA 55117 612404.0272 SHORT ELL107T ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN AMF CHANGE ORDER ENGINEERS IARCHITECTSIPLANNERS 222EASTLITTLE CANADA ROAD, ST. PAUL, MINNESOTA 55117 612484 -0272 OWNER City of Maplewood DATE September 19, 198 OWNERS PROJECT NO. 87-45 CHANGE ORDER NO. 1 PROJECT DESCRIPTION Grading & Watermain to Elevate SEH FILE NO. 87198.01 Tank on Sterling Street The following changes shall be made to the contract documents Description: Article 3.1 - Contract Time, the first sentence shall be amended as follows: 3.1 The Work will be substantially completed on or before September 20, 1988, and completed and ready for final payment in accordance with Paragraph 14.13 of the General Conditions on or before September 30,1988 Purpose of Change Order: There was a delay in the delivery of the watermain to the project by the supplier. 8asisofCost: NSA ❑ Actual ❑ Estimated Attachments (list supporting documents) Contract Status Original Contract Net Change PriorC.O.s N S A to Change this C.O. Revised Contract Time Sept. 12, 1988 Cost $76,589.00 -0- Sept. 20, 1988 -0- Sept. 20, 1988 $76,589.00 Recommended for Approval: Short - Elliott- Hendrickson, Inc. By . f1 <� Kenneth R. Meister Agreed to by Contractor. Shaf r Contracting Co., Inc. Title Approved for Owner: E -CFI Distribution Contractor 2 Owner t Project Representative 1 SEH Office 1 SHORT ELLIOTT ST PAUL, HENDRICKSON INC. MINNESOTA CHIPPEWA FALLS, WISCONSIN RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT _ WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 87~45 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87-45 Change Order On&, ' ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA that the mayor and city clerk are hereby authorized and di rected to modify the existing contract by executing said'Change Order One" ` 0 / AGENDA ITEM__���k` AGENDA REPORT ` vi TO City Manaqer Aotluu by Cu8uo1I� : FROM: Assistant City Engineer Endorsed—.-- SUBJECT: County Road C, White Bear Avenue to Ariel Modified Project 06-25--Supplemental Agreement ~-^~~~~~ Iiojootod.~. DATE: October 4 1988 Date The cooperative agreement with Ramsey County for the reconstruction of County Road C from White Bear Avenue to Ariel Street provided that the city was to acquire all necessary permanent and temporary easements" The property owner of 2010 East County Road C requested that the existing bushes on the County Road C right-of-way be relocated as a condition of granting easements. The plans for the project were final when the easement was acquired" It was thought that the required work could be handled in the field without a change order" However, the work was extensive enough to warrant a change order. It is recommended that the supplemental agreement be executed" jc Attachments RQ,MSEY COUNTY DEPARTMENT OF PUBLIC WORKS 350 St. Peter, Suite 270 St. Paul, MN 55102 Supp. to Contract No. CC100191 SUPPLEMENTAL AGREEMENT Contractor: Danner, Inc. Project Location:, White Bear Avenue to McKnight Road This Contract is amended as follows: Contractor's Address: P.O. Box 222 Inver Grove Heights, MN 55075 Project. Description: Road Reconstruction ri Z7ISN '1 of 2 State Proj. No.: 62- 623 -30 County Proj. No: 47373 This Contract provides for the reconstruction of the roadway including storm sewer, bituminous surfacing and city sanitary sewers & watermains. After construction had begun, the City of Maplewood, as part of their right of way negotiations, requested that the shrubs at Sta. 130 +00 to Sta. 131 +00 Rt. be transplanted. This work will be paid with 100% City of Maplewood funds. The City of Maplewood will be responsible for the shrubs after the transplanting. All of this work has been determined to be extra work as per Specification 1403 and paid for as extra work in accordance with the provisions of Specification 1904. Contract time will not be revised except as may be provided under the Contract provisions of Mn /DOT Specification 1806. 9 The Contractor shall not make claim of aqy kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. ESTIMATED QUANTITIES Funding = 100% City of Maplewood Funds SA 1 30 Date Approved by Project Engineer Date Accepted by Contractor Date Approved by District State Aid Engineer Date Approved by City of Maplewood Unit Item Unit Price Quantity Amount Transplant Shrubs L.S. $400.00 1 $400.00 Total Increase to Contract $400.00 Original Contract Amount $677,759.43 Supplemental Agreement #1 400.00 Estimated Overrun $ 0.00 Total $678,159.43 Funding = 100% City of Maplewood Funds SA 1 30 Date Approved by Project Engineer Date Accepted by Contractor Date Approved by District State Aid Engineer Date Approved by City of Maplewood . RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into a cooperative agreement with Ramsey County for Improvement Project 86-25 which is pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-25 Supplemental Agreement No" 1, , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Supplemental Agreement No" 1 E-1 MEMORANDUM TO: FROM: SUBJECT: APPLICANT /OWNER: LOCATION: PROJECT; DATE: City Manager Thomas Ekstrand, Associate Planner Conditional Use Permit Renewal East County Line Fire Department 1177 Century Avenue Fire Station September 23, 1988 SUMMARY Introduction .Aotion by Counoil;l Endorsed. — Modif::ied.___— Rej eoted_._. -_— Date The applicant is requesting renewal of a conditional use permit for the East County Line Fire Station. Back 1. The Community Design Review Board conditionally approved the building addition on August 26, 1966. . The conditional use permit was granted by Council on October 13, 1986, subject to: a. Adherence to the site plan, dated August 7, 1986, unless a change is approved by the City's Community Design Review Board. b. The station shall not be used as an assembly or reception facility unless adequate off - street parking is first provided in accordance with city ordinance, with the exception of immediate families of East County Line fire station members. 3. On October 26, 1987, Council renewed the conditional use permit for one year, subject to the original conditions. Ordinance Requiremen Subsection 36 -442 (e) requires that all conditional use permits be reviewed by the Council within one year of the date of initial approval, unless such review is waived by Council decision or ordinance. At the one year review, the Council may specify an indefinite term or specific term, not to exceed five (5) years, for subsequent reviews. The Council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. Discussion The new addition is completed and being occupied. All conditions of approval are being met. Recommendation Renewal of a conditional use permit for five years at 1177 Century Avenue, subject to the original conditions of approval. J Attachments I. Location Map 2. Property Line/Zoning Map 3° Site Plan � I 6 y r 7 Q V is LOCATION MAP' 3 Attachment 1 J v �10o) (1e.� (I (,.t) 21' 22 1 23 1 24 6u w.. -� - M H A 1.2 13 140 �i (i) ml CSI 9 NI 4 5 NI 0 0l 7 1.j ,�• V 16 el I 1� la I_ m 19 il' J N N � C (3 , 0 0 � °• 4 01 � Is cl 14 a �� \b (44 V Z � 2 _ I Q I Area Ea t County di Station 10 ry!) 1.1+4. 111 w 1 w 1 � • � =ml \ Iz 0 1 2719 Yokum oil PROPERTY LINE / ZONING MAP 4 Attachment 2 C N .. V e 4 4" 23 _ 8 7 Z /47 = (it7 21 )- /4/ 7 �42) W 0 12!) 4 A %W4m 27 L 3 ?1.i° 'JI v �10o) (1e.� (I (,.t) 21' 22 1 23 1 24 6u w.. -� - M H A 1.2 13 140 �i (i) ml CSI 9 NI 4 5 NI 0 0l 7 1.j ,�• V 16 el I 1� la I_ m 19 il' J N N � C (3 , 0 0 � °• 4 01 � Is cl 14 a �� \b (44 V Z � 2 _ I Q I Area Ea t County di Station 10 ry!) 1.1+4. 111 w 1 w 1 � • � =ml \ Iz 0 1 2719 Yokum oil PROPERTY LINE / ZONING MAP 4 Attachment 2 C N I SITE PLAN 5 AtAnahmwnt 9 N \ ` MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: City Manager Thomas Ekstrand, Associate Planner Conditional Use Permit Renewal Highway 61 between Beam Avenue and F. M. Frattalone Excavating, Inc. {y 7 ~ � y — —` v Action by Councilbi Endorsed-~~~.~~~� Modlf1od~._.�~~� Bejoctod_..~.._~~ Dute County Road D Conway Rosell Frank Frattal one, Gerald Mogren and Robert Mo9ren Mineral Extraction September 30, 1988 SUMMARY Introduction The applicant is requesting renewal of a conditional use permit for mineral extraction for three years" The permit was granted in 1982 and renewed for five years on July 25 1983° Subsection 36-407 states that approval of a conditional use permit under this article shall be for a period not to exceed five years and shall be renewable for a three-year period thereafter. An overall plan for mineral extraction will be reviewed by the city council. Implementation of the overall plan shall be by means of renewable annual mineral extraction permits" Subsection 36-442(e) requires that all conditional use permits be reviewed by council one year from the date of initial approval, unless such review is waived by council decision or ordinance" At the one year review council may specify an indefinite term or a specific term, not to exceed five years, for subsequent reviews. Discussion This mining operation is functioning as approved and there have not been any complaints or violations" Recommendation Renewal of the conditional use permit for mineral extraction north and northwest of Gulden's Restaurant, west of Highway 61, for three years, subject to compliance with the original conditions and obtaining an annual permit from the city engineer. kd/mineral Attachments 1" Location Map 2, Property Line/Zoning Map 3^ 6-28~82 Conditions of Approval 9 4 LOCATION MAP 2 Attachment 1 0 N M 1 00 -ase I I I I I I $� 04 I 1 l i t l S. I � � I J 1 - '3) say R.Glec, N , � • F woe oz 1 -609' 28.9360 B y � N 1 •. / PROPERTY LINE"/ ZONING MAP 3 Attachment 2 0 �N � 3 ■ (5) o00 ■ 1 ' ■ Y N IG a ' ■ 661.6' 1 ■ ■ 1 J I 1 1 i I e la oa I I 'r . 1 a 1 1 3007 I � ■ 1 I 1 I 1 CSR 33' eem ■ 4.29 ac JI �I ■ G�, l d e.�s I ■ I) N 1 •. / PROPERTY LINE"/ ZONING MAP 3 Attachment 2 0 �N A. Adherence to the requirements and standards set forth in Section 917 (Mineral Extraction) of the City Code. B.� County Road D or Highway 61 be used exclusively for access to the subject site. C. In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained from the City Engineer. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate " `the' "area, total acreage to be excavated, quantity of material to be removed, and specific erosion control measures. = s m , , . D. All excavation be in accordance with each ear's approved plan. Y PP P No deviations shall be allowed without prior approval from the City Engineer. CU _ f; l'r -�;OUS E. - There shall be no detonations of any .kind on the site. pp� F: "A` suitable structure or method of operation must be employed to remove 'TO ✓ �aN�' excess dirt-from truck bodies and tires prior to exiting onto a public right -of way i - � gOYOVA 11 l) G. A'variance be granted allowing operation beyond the 30 -foot zone_- establishe• i 911.070 (2 D) of City Code. If the variance is not granted, grading operations must comply with the above Code by ceasing 30 feet from property 'lines. H. The permit holder is responsible'for acquiring any permits from other agencies. I. All grading shall be in accordance with the approved grading plan prepared by Harry''S. Johnson Companies, Inc., received April. 28, 1982. I1. Approval.of.the three variances on the basis that: A. The site is not adjacent to developed property with established grades. B.''The owners intend to construct energy efficient earth - sheltered structures. The steeper slopes (2:1) are necessary for this type of development. i C.'" Erosion control- techniques will be required to stablize soils during and after mining operations. _ 3 The following Planning Commission recommendation was given: �'l `k' R:avV y t:M1 Ji Qs:n a' ., • :'Commissioner Kishei moved the Planning Commission recommend to the City Council the approval of a 'special use permit for mineral extraction, subject to the ! following conditions: 1. 'Adherence to the requirements and standards set forth in Section 917 (Mineral ? Extraction) of 'the City'Code 1 ,County Road D or Highway..61.,be used exclusively for access to the subject site. 3.' In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained from the Director of Public Works., A plan for each year's 4 6/28 Attachment 3 Er MEMORANDUM 'Action by Council:l Endorsed,---,--.-- Modified_.,_ T0: City Manager Rejected— FROM; City Clerk Date_____ Certification of Delinquent Sewer Bills DATE: October 5, 1988 Attached please find the resolution that needs to be passed by the City Council for the certification of delinquent sewer bills. RESOLVED that the City Clerk is hereby to the Auditor of Ramsey County the attached charges and hydrant charges said list made a against the tax levy of said property owners 1989, and which listing includes interest at on the total amount for one year. authorized and directed to certify list of delinquent sewer rental part herein, for certification for the Year 1988, collectible in the rate of eight (8) percent Total amount to be certified: $79363.14 Action by Council-I Qudnron � Modifi Rejected---_ Dut ` AGENDA ITEM AGENDA REPORT TO: City Manager FROM: Assistant City Engineer SUBJECT: Cope Avenue, Hazel.to Ariel--Project 85-26 Assessment Hearing DATE: October 4, 1988 INTRODUCTION Transmitted herewith are the assessment record books for the subject improvement project. The attached resolution adopts the assessment roll" BACKGROUND The final project costs and financing are given in the attached summary table. All assessment rates are less than or equal to those presented at the public hearing. Subsequent to the mailing of the assessment notices, the property owner of 11-29-22~34+0032 presented a survey t d r� � vey recor d which deviates slightly from the section map on which the assessment units were determined. The required reduction is incorporated in the assessment record book. RECOMMENDATION The assessment record should be adopted" jc Attachments 10 N hi OJ � I- Q UE w t7 D ON d U' z � z za w Q U_ w u_ O U j N d' C 0 -J0 . ro T O • H u L) •H 10 L 0 ti LL A4 O O 0 C] D0 CJ +J L v C N N 7 E O 0 N U d• N N W O N •-1 m Q O 00 U N hi hi W I� E (fl to LO oi N x U) ¢ N [7 0. 0 O Ur a' P O O 0 P ui m r I I 0000 0 0 0000 0 I u;0h7 co E (9 0 O 0 -ON -Ohi 0 r P ^+ a' P -0 4. a' OD C0 0 4J P U ro L m 0 i I c C c u O 40 U I 0 J c C 0 77 N O + E U cv L Q U J u c S. ui •N L UI 4J a U •+ O1 ul ronrnc 4- L C L 0 4J ro U C L IL 0 n U 4r U C a' LL 1L C •N L 0 0 -, T •.•+ CU ^ o 4J ^ C O O U L •N N O O 4- CV N L N C C7 O 4J C L 'M •• U N Q) 4J 0 C 0 4J C C u N u W 3 u u N S C N ra O +i c r a' N 00 CL P LL j N d' C 0 -J0 . ro T O • H u L) •H 10 L 0 ti LL A4 O O 0 C] D0 CJ +J L v C N N 7 E O 0 N U d• N N W O N •-1 m Q O 00 U N hi hi W I� E (fl to LO oi N x U) ¢ N P d 00 0 ... 000 P It 00 0 ^ OOO IU lL E -P 00 N •H Na r a- 0 N C0 Q N IL W w N O C1 d 0 N P 0 CN O0 N 0o -P .10 u N Ol +�I CO •'! N 0 0 It DD P N N N N W E a) .0 07 O [7 u� 0 N Ur N P O O L P m r I I 1 0 ^ 1 I i co E O C7 0 a' 0 -0 4. a' OD C0 0 P m 0 i I 1 c u 1 0 40 1 I 0 J c 77 N cv L ri c a ui m a N 4- Ol L IL LL 4r L LL 1L L L ^ o 10 r d' O O O O O 4- CV C7 N N O V 03 r N O G O S N +i r a' N 00 O P m u O N 0 ^ 00 c0 d' a a' a' L N , 0 N v C7 O hi 10 0 hi G T N O d' O 0 O O 0 •� P a' co O O O O O hi d G O to .N CI) d r LO ,o 0 n a N C) C P O C) a' r- 0 P IT N N P 10 0o Ul N N •� r N 0o 00 N d• 0 10 U1 .+ `0 N 10 C7 4- P d 00 0 ... 000 P It 00 0 ^ OOO IU lL E -P 00 N •H Na r a- 0 N C0 Q N IL W w N O C1 d 0 N P 0 CN O0 N 0o -P .10 u N Ol +�I CO •'! N 0 0 It DD P N N N N W E a) .0 07 O [7 Ur N L 0 0 0 O E O C7 0 -0 4. N OD M 0 co O u O 00 O J 77 cv -t a - Ol L IL LL N LL 1L L co W CO w '+ N N ID C7 N N O N +i 01 u ro L O hi 10 0 hi G d 0 00 a 0 C P CV P "I P •H N hi d G O to L J Q N N •� OJ T w U. r rO L 4J ro 4J 0 C 01 3 Ol 1 roE ro(n f6 U) Ol(A O 3 3 N 0o z RESOLUTION ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice law, the city council has met and heard jections to the proposed assessment for Avenue, Hazel to Ariel , as described in clerk as Project 85-26, and has amended as it deems just, duly given as required by and passed upon all ob~ the construction of Cope the files of the city such proposed assessment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA: l. Such proposed assessment, as amended, a coy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement int he amount of the assessment levied against it" 2. Such assessment shall be payable in equal annual in~ otallments �axtendin3�over a period of 20 years, the first of the installments to b� b1 ft the first Monday i ��e payable on or after e rs on ay n January 1990, and shall bear interest at the rate of nine (9"0) percent per annum from the date of the adoption of this assess- ment resolution. To the first installment shall be added inter~' est on the entirp assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. ��� � 3^ It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessment,s on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non`` abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section 420,051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or imoNvements" 5" The clerk shall forthwith transmit a certified dup- licate of this assessment to the county auditor to he extended don the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes" Ir - C2, MEMORANDUM TO: FROM: SUBJECT: LOCATION: OWNER /APPLICANT: PROJECT: DATE: City Manager Director of Community Development Plan Amendment and Conditional Use Hermit Larpenteur Avenue and Sylvan Street St. Paul Water Utility Clear Water Holding Pond September 15, 1988 SUMMARY Introduction Action by Counoll:i Endorsede_. Modified.--- Rejected—,- Date The applicant is requesting a comprehensive plan amendment and conditional use permit to construct a clear water holding pond. (Refer to the letter and maps on pages 7 -9 describing the pond and its purpose.) The plan amendment is required because the property is designated for park use. A conditional use permit is required for a public utility use in a farm residential district. P - m kgk_grpuind. This property is designated as a search area for a community playfield in the City's park system plan. (See page 10.) Community playfi.elds are intended to be at least ten acres and to serve a city -wide need for athletics, including parking, toilets and . lighting. The parks plan states that at ultimate development, the City will be deficient of 100 acres of land for community playfields. This is based on an ultimate City population of 76,628. This population projection seems high, since the City is currently 2/3 developed with a population of 29,000. The City had leased this site for park use from 1974 -86. The site was never developed because of neighborhood opposition. Code Findings Re quired City Code requires ten findings for approval of a conditional use permit. Refer to the resolution on page 12. Recommendation I. Approve the resolution on page 11, deleting the park designation for this site from the comprehensive plan, on the basis that: A. The City's director of parks and recreation feels that the cost of a community playfield or any other type of park on this site cannot be justified. B. This site is needed for a water treatment pond. C. The ultimate City population used to project the need for a community playfield on this site appears to be too high. D. The City leased this site for a park from 1974 -86 but did not develop it because of neighborhood opposition. II. Approve the resolution on page 12, approving a conditional use permit for a clear -water pond, subject to the following conditions: A. The pond shall only be used to store clarified water from the spent lime lagoons. H. A landscaping plan, showing enough landscaping to create a more park -like atmosphere, shall be submitted for staff approval. C. There shall be no dumping or storing of borrow materials on the site. Lt. The pump station shall be placed underground. E. There shall be no odors from the pond. 2 CITIZEN COMMENTS City Survey 17 of the 35 property owners within 354 feet of the site responded to a survey. Seven were in favor, five had no comment and four objected. One person both objected and was in favor. He thought the pond would be an improvement over what is there now, but felt the water would draw unwanted geese. Those in favor gave the following comments: No mosquitos, odors or noisy pumps. Stipulate that this pond will not become a lime deposit pond in the future. The police should patrol this area often, especially if it starts becoming a drinking spot for young adults. The pond would improve the looks of the area and get rid of the noisy trucks which are there constantly now. Those opposed gave the following comments: This is a commercial installation in a residential neighborhood, which will facilitate a nuisance and an eyesore. Land values will depreciate and a public liability will result. The return of this land to a community playfield would be an acceptable asset to the community. We need a park for the children in this area. Why not put in a nice playground or softball diamonds, tennis courts or something we could all use. Roseville does. I'd like to see more from Maplewood. A nice park for the kids would have a lot of neighborhood support. The community playfield concept has never been developed and given an opportunity to evolve. Let's give it a try. (Note: There were four people favoring a park. One lives on Sylvan Street, two on Burney Street and one on Maple Lane in St. Paul.) Water Utility Meeting The Water Utility and the City Engineer met with the neighbors on Sylvan Street. The neighbors at this meeting said they did not want a park, picnic tables or anything that would attract people from outside the neighborhood. 3 REFERENCE S ite Description Area: 9.4 acres Surrounding land uses North: Water works road and property West: Railroad tracks south: Larpenteur Avenue East: Single - dwelling homes kd At tachments : 1. Land use plan 2. Property line /zoning map 3. Letter- Water Utility 4. Site plan ti. Cross - section 6. Park system plan 7. Resolution- plan amendment S. Resolution- conditional use permit 9. Letter - Parks 4 ,.. ;.., �a n n M ST PAUL W sPRICE " ",E:AL}ESItJ o' :' . .• -• , _ _� ( 1708 loll , �G� _ (��> �� ) 1 11(14) � 11 4 4 1 6 64 3%.i- � 11 • . n : c A 16 4 , Ix( : 4 h 1 Ca q (') 1 ' J I to �................#", . _. Dear4 of Vht •r Co MM I r ■■ 0�. 1772 I W (11) 1766 ' . 1 1758 +46 s i t IL . 1 ' a 1 1754 s Proposed Pond ■ /738 ', In D . 173a s '4 I S b . %� 4 it T 1720 LL 1 Is i xe t 4 ( 17 ,. M ST PAUL W sPRICE " ",E:AL}ESItJ o' :' . .• -• , _ _� ( 1708 loll , �G� _ (��> �� ) 1 11(14) � 11 4 4 1 6 64 3%.i- � 11 • . n : c A 16 4 , Ix( : 4 h 1 Ca q (') iY 1= It 0 iG 14 a I. Z4 4 ... Iy.l ail..•. r,,. �,,,(.� •�,e.r. M.: 30 M R 1? i t.,`'S a 1 `� 1 4� � 4 F �' S j 1 � `- / PROPERTY LINE° / ZONING MAP 6 Attachment 2 n Clear Water Pond St. Paul Water Utility The proposed pond will be part of a recycling system for the St. Paul Water Treatment Plant. It will provide temporary storage for clarified water from the spent lime lagoons located to the north of Roselawn Avenue. Only clear water from the surface of the lagoons will be admitted to the pond. The water will be pumped by an existing pump station from the lagoon effluent ditch to a gravity pipeline to be constructed as part of this project. At the pump station the water will be treated with potassium permanganate as necessary to reduce the odor sufficiently for recycling. The gravity pipeline will carry the water south along the west edge of the water utility property to the pond. At the south end of the pond another pump station will be constructed to recycle the pond effluent back to the water treatment plant. This pump station will be either an underground design or a low - profile above - ground design suitable for use in a residential area. As planned the pond will provide a major improvement to the site, which is now being used for temporary storage of fill material. On June 29, 1988, a meeting to discuss the pond design was held, attended by neighborhood residents, the Maplewood City Engineer, and representatives of the St. Paul Water Utility and Progressive Consulting Engineers. Many constructive suggestions were made by those attending which have been incorporated into the design. The attached drawing shows the contours or the pond as planned. The water surface will be below the existing grade except at the southwest, where a six foot high dike will be constructed. Inside and outside side slopes will be 4:1 horizontal to vertical. The operating water depth of the pond will be four feet. A maintenance roadway surfaced with crushed rock will circle the .pond; access to the roadway will be at the north end through a cable gate. The land is designated as a community playfield at present, but it has never been utilized as such. An application for comprehensive plan amendment accompanies this application. Attachment 3 .; -� $��� /?�>�� ©mw, \ \ �� � � \ � \(:}{ � - / \. \ \// \/ \ }� \ /ƒ :� E Fill, 8 Attachment 4 P' . i I I Cross—Section I 9 Attachment 5 lu U (j) I Cross—Section I 9 Attachment 5 9If i ILL Z rarxra. �m ,� O tt rarxa nun D e nn • !Q:r Um 1p a Wtl: I ;~ r 0 o co r a Q ��� c Vl M Ol �� v r \V > I I IL g E V C V)Z V N CD cn a E y u� A p w¢2U, I)(24 \ ZV L a *o 2ZU ff cu 0. VW . Attachment 6 d n C0 PLAN AMENDMENT RESOLUTION WHEREAS, the St. Paul Water Utility initiated an amendment to the Maplewood Comprehensive Plan from P, park to W, water facility for the following property at the northwest corner of Larpenteur and Sylvan. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on September 19, 1988 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. 2. The Maplewood City Council considered said plan amendment on October 10, 1988. 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 findings of fact: 1. The City's Director of Parks and Recreation feels that the cost of a community playfield or any other type of park on this site cannot be justified. 2. This site is needed for a water treatment pond. 3. The ultimate City population used to project the need for a community playfield on this site appears to be too high. 4. The City leased this site for a park from 1974 -86, but did not develop it because of neighborhood opposition. Adopted this 10th day of October, 19ee. Seconded by Ayes -- 11 Attachment 7 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 10th day of October, 1988 at 7 P.M. The following members were present: The following members were absent: WHEREAS, the St. Paul Water Utility initiated a conditional use permit to construct a clear -water pond at the following - described property: Lots 1 thru 10, Block 5, Lots 1 thru 19, Block 10, Lots 1 thru 8 and all of Lot 19, Block 9, St. Aubin & Dion's Rice Street Addition, together with those portions of vacated alleys and vacated Park Street, k.ingston Avenue and Price Avenue accruing thereto, subject to the Soo Line Railroad right -of -way, and the following: That portion of the Southwest one- quarter of the Southwest one - quarter of Section 18, Township 29 North, Range 22 West described as follows: Commencing at the Southwest corner of said Section 18 thence North along the West line of said section a distance of 878.66 feet; thence East along the North line of St. Aubin & Dion's Rice Street Addition a distance of 548.1 feet to the point of beginning; thence Easterly along the North line of St. Aubin & Dion's Rice Street Addition a distance of 414 feet; thence North 8 degrees 11' 00" East a distance of 264 feet; thence West along a line parallel with the North line of St. Aubin & Dion's Rice Street Addition a distance of 474 feet; thence Southerly along the Easterly line of the Soo Line right -of -way to the point of beginning. Ramsey County, Minnesota. This property is also known as the northwest corner of Larpenteur and Sylvan. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on September 19, 1988. The planning commission recommended to the city council that said permit be 12 Attachment 8 2. The Maplewood City Council held a public hearing on October 10, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above - described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the city's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. b. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. B. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the city. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The pond shall only be used to store clarified water from the spent lime lagoons. 2. A landscaping plan, showing enough landscaping to create a more park -like atmosphere, shall be submitted for staff approval. 3. There shall be no dumping or storing of borrow materials on the site. 13 4" The pump station shall be placed underground. 5° There shall be no odors from the pond. Adopted this day of , 1988^ Seconded by Ayes-^— STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) SS" ) CITY OF MHPLEWOOD ) 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 , 1988, with the original on file in my office, and the same is a full, true and complete transcript insofar as the same relates to a conditional use permit. Witness my hand as such clerk and the corporate seal of the city this day of v 1988" City Clerk City of Maplewood 14 To: Park and Recreation Commissioners 1� � JJ : From Robert D. Odegard, Director of Parks & Recreatiorf \- Subj: Removal Of Sylvan Park As Designation For Community Playfield Date: September 13, 1988 The St. Paul Water Department is requesting approval from the City of Maplewood for improvements to the property formerly called Sylvan Park which was located at Larpenteur Avenue and Sylvan. Since the property at one time was desigated for a Com- munity Playfield in the City's Comprehensive Plan, it is re- quested by the Director of Community Development Geoff Olson that the Park and Recreation Commission make a recommendation to the Planning Commission to officially remove the park from the Park System Plan. In 1974, the City of Maplewood entered into a lease arrangement with the Board of Water Commissioners of the City of St. Paul for the use of the property on Larpenteur and Sylvan, which is south of the operating Water Treatment Plant. The park was to be used for adult softball, but was never consummated due to neighborhood opposition. In 1985, Mr. Thomas Mogren, General Manager for the Board of Water Commissioners, notified the City that they were in need of the property as a borrow source for Utility construction projects and as a pipe storage area. This matter was brought to the Park and Recreation Commission on June 17, 1985, as a point of information. The Community Playfield designation for the area indicated that it was the intent of the City to have a facility that would serve the City -wide need for athletics. Community Playfield sites are scheduled for recreation programs, both youth and adult, and should provide good accessibility to three to five neighborhoods. The sites are usually suited to intensive development and adja- cent to collector or arterial streets. In addition to the ath- letic facilities, the supportive facilities would include park- ing areas, toilets, lighting, etc. Since the St. Paul Board of Water Commissioners could make a very good case for health, welfare, and safety of the water supply, and the need for this property to accomplish this, it is highly unlikely that the City could either buy or condemn the property for park purposes. Recommendation It is recommended that the Park and Recreation Commission go on record as releasing the property formerly called Sylvan Park on the Park System Plan as a designated Community Playfield for the City of Maplewood and recommends to the City Planning Commission that it be deleted from the Comprehensive Plan. 15 Attachment 9 MEMORANDUM TO: City Manager FROM. Associate Planner, Johnson SUBJECT: Lot -Width Variance, Lot Frontage and Alignment Variations and Rezoning LOCATION: 1420 South Sterling Street APPLICANT /OWNER: Lance Bierschenk DATE: September 14, 1988 F- 3 Side Property Line (F to R -1) Action by Counoi5_`n Endorsed--_. — SUMMARY Mc dif i ed_._.,______ Introdu Rejected Date _._.-- - T he applicant is requesting a variance from the zoning code and three variations from the subdivision code to divide his lot into three single- dwelling parcels. (See the map on page 11 and the applicant's letter an page 12.) Staff is also proposing to rezone this to R -1 to eliminate the possibility of any farm - use - related nuisances. Zoning Variance and Subdivision Variation- -Lot Width: Parcel One would have thirty feet of width at the established setback line (thirty feet from Sterling Street). The zoning and subdivision codes require a minimum lot width of 75 feet at the established buildir:; setback line (Sections 30 -8 Cf3 113 Ca] C1.3 and 36 -69). A variance of 45 feet is needed. Subdivision Variation - -Lot Frontage: Parcel One would have thirty -feet of frontage on Sterling Street. The subdivision code requires a minimum of sixty -feet (Section 30 -8 If] [1] Ea.] [23). A variation of thirty feet is needed. Subdivision Variation - -Side Lot Line Orientation: The proposed side lot lines for proposed Lot One would meander between Lots Two and Three. The subdivision code states "side lines of lots shall be substantially at right angles or radial to the street line" (Section 30 -8 Cf3 153). Re aiir e d Finding 1. Finding needed to approve a variation from the subdivision code: Section 30 -11 of City Code states that the city may approve variations from the requirements in specific cases which do not affect the general plan or the intent of this chapter. 2. State law requires that the following findings be made before a variance from the zoning ordinance can be granted: a. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for this property exists under the terms of the ordinance. Discussion The requested variations and variance are justified due to the unique configuration and steep slope of this site. Council has also approved two similar requests. The proposal would comply with the environmental protection ordinance. The on -site sewage disposal should not pose a problem for Fish Creek or area residents if properly constructed and maintained. The common drive will be required to comply with the Uniform F'ire Safety Code provisions to insure emergency vehicle access. Re commendati on 1. Approve the resolution on page 15 to approve a 45 -foot lot -width variance. Approval is on the basis that: a. Strict enforcement would cause undue hardship due to circumstances unique to property under consideration, because: (1) The plight of the owner is due to the irregular shape or and steep topography of his property. This 4.9 acre parcel is otherwise large enough to support three lots. (2) Subdivision into less than three lots would be unreasonable, given that all public safety and environmental - related codes can be complied with and the minimum area requirement would be met. (3) Approval would not alter the essential character of the area. This neighborhood is comprised of several irregular - shaped lots and houses accessed by long driveways. (4) Council has approved two similar requests. b. The variance would be in keeping with the spirit and intent of City code and would not affect the general plan, provided the conditions of approval are adhered to. Approval is subject to: 1. Recording a deed restriction or convenants with each property acceptable to the city, that addresses: 2 a. Responsibility for construction, maintenance and identification of the common driveway. This driveway shall comply with the dimension and turn- around requirements stated in Section 10.207 of Uniform Fire Safety Code. Its location on Parcel One shall not cause any grading above the 902.5 contour, until east of the protected steep slope. The steep grade along Sterling Avenue shall also be eliminated to provide proper site distances from the driveway along Sterling Street. b. Identification on each site of the location for a back -up drain field, which is acceptable to the city. The soils in this area should not be disturbed or built on, prior to use as a drain field. C. Maintenance records for the drain field(s) shall be kept and be presented to city officials upon demand. d. The steep, wooded slopes on Parcels One and Three are to be left in their natural state. e. A detailed grading plan, with proposed construction and permanent erosion control measures, shall be approved by the City for the driveway and building pad for Parcel One. 2. Approval of the resolution on page 18 to approve a 30 -foot lot - frontage variation and a side lot line orientation variation on the basis that: a. Approval is necessary to make reasonable use of the property, due to its irregular shape and steep topography. b. Approval would not affect the character of the area, the provision of public safety services or the intent of the general plan. C. Council has approved two similar requests. 3. Approve the resolution on page 20 to rezone this property from F, farm residence to R -1, single dwelling. 3 CITIZEN COMMENTS Staff surveyed nine persons who own property within 354 feet of this site. Ramsey County was also surveyed because open space property abuts this site. Ramsey County's only concern is that if development is permitted, that adequate erosion control should be employed to protect Fish Creek. Of the six respondents, other than Ramsey County, five had no comment and one person (1454 Sterling) is opposed. This person's objections are as follows: 1. The proposed one -acre tot adjacent to ours is much narrower than all but one other lot on either side of Sterling and is not compatible with this neighborhood, (Carver Avenue to Bailey Road). Staff Comment: This area is planned for RL, residential low density use. The lots are larger than typical because sanitary sewer and an internal street system have not been constructed. . (a) Our septic system is immediately behind our house and would be right next to a septic system for the proposed house site. (b) Two more septic systems may put a strain on existing systems, well water, and Fish Creek which drains into the Mississippi river. Our well is less than 74 feet deep. Staff Comment: The city's environmental health official must approve the location, soils suitability and design of each on -site sewage disposal system. If this lot division is approved, it will be subject to approval of an on -site sewage disposal system design(s) that will work appropri- ately without interfering with, or reducing the effectiveness of the existing on -site systems and wells. 3. Our lot is 249 x 249 which is one full acre. The house is 34 feet back from Sterling and 26 feet from the property line. Potentially they could build 31 feet from our north wall which would greatly diminish our privacy and decrease the value of our house. The back of our house is about 81 feet back of Sterling. Staff Comment:' The applicant's proposed building pad for the south lot would be at least 144 feet from the dwelling at 1454 Sterling. City code permits dwellings to be as close as ten feet- -each five feet from a common property line. The area west of the house will be reserved for a drain field -- either a backup or the primary system, so it is unlikely that the dwelling will be located much farther.to the west than proposed. 4. The drive, as drawn would require major movement of earth as it now has a pond toward the back of Bierschenk's house and is a very steep drop at Sterling. 5. Sterling is a very fast street, cutting a steep drive would have limited sight to Sterling. 4 Staff Comment: If this proposal is approved, a condition of approval will be to grade the site to provide adequate site distance and to provide an adequate grade for the driveway as it approaches the street right -of -way. 6. Remember the Williams Bros. pipeline on west side of Sterling. The frontage on Sterling as it is now, protects that property in case of a "Moundsview" type of explosion -- carving that down would expose that property much more than it is now. Staff Comment. City code permits dwellings to be located to within 100 feet of a pipeline on relatively level land. The applicant's proposal complies with this requirement. 7. We are opposed to the one -acre lot. The 3 -acre lot may be better used as Ramsey Co. open space. Since it is poorly accessible from Sterling and has some beautiful undisturbed land there. Staff Comment: Ramsey County does not plan to purchase additional land in this area. Their interest was to purchase the steep slopes along Fish Creel;. This land has been purchased. REFERENCE Si te Description Size: 4.9 acres Existing land use: a single dwelling Existing easements a private, twelve -foot wide road easement abuts the south property line, about 290 ft. east of Sterling Street. Surroun Land Uses North and East: Ramsey County Open Space South: two single - dwelling lots West: Sterling Street. Across the street is a single dwelling and Ramsey County Open Space. Past Actio 5 -1 -80: Council approved a lot- frontage variation to allow Keith Libby to construct three dwellings on a land - locked parcel (page 13) subject to: 1. The applicant shall install a paved driveway on the existing right - of -way to the specifications of the City engineer. 2. The applicant shall sign an agreement to maintain the drive to the City standards, including snow plowing. This agreement shall be recorded to run with the property. If applicant does not remain the drive, he shall be assessed if City forces are used. If the drive is expanded to a City street, the applicant forgoes any previous agreements. 3. Construction of any additional homes on this property must meet current requirements for platting. 7 -2 -81: Council approved a lot- frontage variation of 35 feet and lot division for Richard Defresne to subdivide property on Desoto Street (page 14) into three parcels, served by a common driveway (32- foot -wide and asphalt with sewer and water). Refer to the map on page 15. The findings for approval were: 1. The lot would significantly exceed minimum requirements for lot area lot width, at the building set back line. 2. Council has granted similar tat- frontage variance request,in the past. 3. The lots are designed to accommodate earth - sheltered dwellings. Note: In each of these cases, Council found there was no other reasonable development option. In both cases, wide asphalt driveways were required to reduce the possibility of emergency vehicles access problems. 0 Enviro 1. The easterly half of the site consists of a steep, wooded slope that ranges from 20 to 40 percent of grade. Section 9- 191(2) prohibits development (dwellings, driveways, etc.) on any portion of this slope in excess of eighteen percent of grade. Much of the westerly half of the site was graded when the applicant's home was constructed in the early 1980'x. 2. The applicant has submitted field survey information which shows that a driveway can be constructed to the proposed building site on Parcel One without the need to grade any portion of the protected steep slope. The toe of the eighteen percent slope is approximately 65 feet south of the north property line. Planning_ 1. Land use plan designation: RL, residential low density. 2. Zoning. F, farm residence 3. Compliance with land use laws (in addition to page one): a. Section 30 -2 states "the setback line, means the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof, without special permission and approval of the proper authorities." b. Section 36 -70 states that each single dwelling shall have a front yard of at least thirty feet in depth - -that is a building setback of not less than 30 feet. Public Works 1. Sanitary sewer and City water are not available. The sanitary sewer plan shows sewer eventually being extended south from Carver Avenue past this site. However, the City engineer suspects that serving this property from the north may be too expensive to justify. Significant grading and fill or a lift station will be necessary to cross Fish Creek. Serving this property from the south could also be a problem due to the significant grade differences. A detailed feasibility study is needed to be more specific. As such, the City engineer believes this area should be considered unsewerable, for purposes of this report. 2. Construction of a future street, from the south, to the south line of this property, would require extensive grading along a wooded, protected, steep slope. A street in this location is not needed for efficient traffic circulation. Environmental Health 1. Section 36 -566 (b) (2) (d) (Shoreland Ordinance) permits single dwellings that front on Fish Creek to be located on parcels that contain at least 20,000 square feet. If a lot, such as those proposed, does not 7 have frontage on the creek, the minimum area can be reduced to 10,000 square feet, provided the facility can comply with setback and design requirements. (The Department of Natural Resources is proposing major modifications to the state's shoreland management guidelines. One of these changes would be to double the above lot area requirements to 40,000 and 20,000 square feet, respectively. If adopted as proposed, Maplewood will be required to amend its code accordingly. This proposal complies with these requirements.) 2. Section 36 -568 ( Shoreland Ordinance) requires all on -site sewage treatment systems to be designed and maintained in accordance with Minnesota Pollution Control Agency's (MPCA) Individual Sewage Treatment System Standards (6 MCAR - 4.8040). 3. Each of the proposed lots has adequate site area for a primary and a backup on -site sewage disposal system. Percolation test results need to be submitted for the drain field sites proposed for Lots One and Three. The environmental health official does not anticipate a soils problem. Publ is Safe 1. Long, joint use driveways can cause confusion during the delivery of emergency vehicle services. Such confusion can lead to life threatening time delays. Homes accessed by these driveways also do not receive the benefit of routine policy patrolling. If these lots are approved, the conditions of approval should require that this driveway comply with the Uniform Fire Code driveway minimums, clearly marked addressing, a joint maintenance agreement that runs with the property and grading that improves the sight - distance along Sterling Street. mb Attachmentse 1. Carver Ridge Neighborhood Land Use Plan 2. Property Line and Zoning Map 3. Applicant's Site Plan 4. Letter of Justification 5. Libby Lot Split and Variance 6. Defresno Lot Split and Variance %. Resolution (Lot Width) 8. Resolution (Lot Frontage and Side Lots Lines) 9. Resolution (Rezoning) I REVISED I� I •� r o� I �i Keith Libby's 3 —lot o; r. subdivision and variance Oil I c I I Q OS !; I j o T Carver Ave. I I or olle t r RI T 3 I pS I o co 3 I I II t I t I RI i I o� RL — residential low density I °—� OS — open space P — park cl I jl Newport CARVER RIDGE NEIGHBORHOOD LAND USE PLAN 9 Attachment 119 -29 F Vill L 6 PROPERTY LINE / ZONING MAP 10 Attachment 2 4 CAR ER ,... --A KE ESTA ,3 4'4 ....... ... 14.1,ts (Q9 F 6) LP 1 0) Uj -/U - ----- - ------ - - ---- - ----- � F � �: �I PROPERTY LINE / ZONING MAP 10 Attachment 2 4 . Lll �14 ,3 4'4 14.1,ts PROPERTY LINE / ZONING MAP 10 Attachment 2 4 v I I - STERLING AVE. x 900 90 o N 68 0 45'00 "W q` 270.00 i S 4 0" W 482.11 , V O / 9 00 9 4. 1 Y %` s r ra a house 0 PARCEL 1 �� / o PARCEL 2 , 30 1 ;a �. PARCEL 3 W V, t 598 .72 \! DT c \ io Parcel One: 145,070* sq. ft. Parcel Two: 35,190* sq. ft. Parcel Three: 34,920* sq. ft. Applicant's Site Plan Attachment 3 11 U N VARIANCE OR APPEALS APPLICATION: FILING REQUIREMENTS Lance B. Bierschenk 1420 Sterling Street South Maplewood, Minnesota 55119 731 -1522 RE: 1. b. A variance is requested because: 1. Topographical -- Due to the unusual shape and train of this property, 1420 Sterling Street South, with road frontage of 199'.and the primary proportion of the acreage located in the rear of the property. See supporting drawings. 2. Locality -- Adjacent building sites are approximately one acre. This division of 1420 Sterling. Street South would establish three building sites: #2 with the existing dwelling andt of road frontage. (approximately one acre), #3. -30' road front- age with a drive to the rear approximately three acre building site, and #3 with 7S road frontage with an approximately one acre building site. 3. Fish Creek -- Since no major grading would be done, there would be no change in drainage into Fish Creek. 4. Ramsey County Open Site -- The building of only one dwelling on the rear three acres would be consistent with the concept of a nature preserve within plotted areas. 12 Attachment 4 f i / lU /• r l �J y '1N a PTA t QO vr. L 7. I ..• TIC' U pr) C �F9 ERR• ti ..°. ' ! }r • � I m tt @q q H.c.• . al t C/o v r. C.NTY Of RAM6EY I ilw7�i � c°u.aY � i II ' LOCATION MAP (Three Lot Division and Lot Frontage Variance approved for Keith Libby 5 -1 -80) 0 N Attachment 5 13 I` ]?1. ral 1307 La's --- _ aG3.562 " 77 NC oP • �6 tl ' Vvuthr • 14 503 Olo 69 till 3.92 )9.167 1.4.1 MIR Gc1 a LX >..... -- -I ..__ — __ - uSO - UR ,- G6 `in O ' 0M r za a .. $ ° y 22 — 9 -� 1 ' M I 1 14 .— �.I5i41 9'Yi1 Lot A f Tax Forfeited Property Owned by the State of Minnesota 7i I ro .., n. ° CO I I ' i e 6 li ' n R bb w 40 1Ot n I G.STON L- J 8 c 3V) IOJ'- 9 e� r 7.30ac \.}Zot. rtINGSTON 4 1 e5 3��'� 19 T Ave. 4 329 4 ITS U I S n• 1 Iv .M 1IIt i 7T.Tr O 18 .Z 171. tl • I ��' _ L 7 1 1 4. n h— PI ` .��1!I O '1•i �v O UJ f 1 VOVOVVyYY �' Opy.J7 ^f 1 1� _ m 3 �' � 1 ,• a r , 1 a' n" 7 ° Q �4 T r' , I,r .Yw .� 4 ,n • !1 1 1 {�.. * so $ . " ° "°-' Note: No other reasonable development option - ,M 1�� , _ f irregular slope to Street and irre ular lot shape. —� A 32- foot -wide asphalt, common drive, with sanitary sewer water utilities were constructed. (Defrenso Lot Split and Lot Frontage Variance approved 7/2/81.) 14 Attachment 6 4 ♦ t t 2� 3 3 2 4 4 _ ^ 7 ,,�] 9 110 1. 11 11 24 7 _ e 61.2 4n L- J 8 c 3V) IOJ'- 9 e� r 7.30ac \.}Zot. rtINGSTON 4 1 e5 3��'� 19 T Ave. 4 329 4 ITS U I S n• 1 Iv .M 1IIt i 7T.Tr O 18 .Z 171. tl • I ��' _ L 7 1 1 4. n h— PI ` .��1!I O '1•i �v O UJ f 1 VOVOVVyYY �' Opy.J7 ^f 1 1� _ m 3 �' � 1 ,• a r , 1 a' n" 7 ° Q �4 T r' , I,r .Yw .� 4 ,n • !1 1 1 {�.. * so $ . " ° "°-' Note: No other reasonable development option - ,M 1�� , _ f irregular slope to Street and irre ular lot shape. —� A 32- foot -wide asphalt, common drive, with sanitary sewer water utilities were constructed. (Defrenso Lot Split and Lot Frontage Variance approved 7/2/81.) 14 Attachment 6 4 Pursuant to due call and notice thereof, a regular meeting of the city council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of , 1988 at 7 p.m. The following members were present: The following members were absent: WHEREAS, Lance Bierschenk applied for a lot width variation and variance for the following- described property: Part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 28 North, Range 22 West, Ramsey County, Minnesota described as follows: Commencing at the Southeasterly corner of said Southwest Quarter of the Northeast Quarter; thence West along the Southerly line of said Southwest Quarter of the Northeast Quarter a distance of 710.00 feet to the point of beginning; thence North a distance of 400.00 feet; thence North 68 45' West a distance of 270.00 feet; thence South 46 00' West to the Westerly line of said Southwest Quarter of the Northeast Quarter; thence South along said Westerly line to the Southwesterly corner of said Southwest Quarter of the Northeast Quarter; thence Easterly along said Southerly line to the point of beginning. This property is also known as 1420 Sterling Street Maplewood; WHEREAS, sections 30 -8 (f) (1) (a.) (1.) and 36 -69 of the Maplewood Code of Ordinances requires 75 feet of lot width at the established building setback line. WHEREAS, the applicant is proposing thirty feet, requiring a variance and a variation of 45 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on April 6, 1985. 2. This variance was reviewed by the Maplewood Planning Commission on , 1988. The planning commission recommended to the city council that said variance be 3. The Maplewood City Council held a public hearing on , 1988 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 planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described variance and variation be approved on the basis of the following findings of fact: 15 Attachment 7 1. Strict enforcement would cause undue hardship due to circumstances unique to property under consideration because: a. The plight of the owner is due to the irregular shape of, and steep topography of, his property. This.4.9 acre parcel is otherwise large enough to support three lots. b. Subdivision into less than three lots would be unreasonable since the intent of all public safety and environmental - related codes can be complied with. C. Approval would not alter the essential character of the area. This neighborhood is comprised of several irregular - shaped lots and houses accessed by long driveways. d. Council has approved two similar requests. 2. The variance would be in keeping with spirit and intent of the ordinance. Approval would not affect the general plan or intent of the subdivision code, provided the conditions of approval are adhered to. Approval is subject to: 1. Recording a deed restriction or covenants with each property acceptable to the City, that addresses: a. Responsibility for construction, maintenance and identification of the common driveway. This driveway shall comply with the dimension and turn - around requirements stated in Section 10.207 of Uniform Fire Safety Code. Its location on Parcel One shall not cause any grading above the 902.5 contour, until east of the protected steep slope. The Steep grade along Sterling Avenue shall also be eliminated to provide property site distances from the driveway along Sterling Street. b. Identification each site of the location for a backup drain field, which is acceptible to the City. The soils in this area should not be disturbed or built on, prior to use as a drain field. C. Maintenance records for the drain field(s) shall be kept and be presented to City officials upon demand. d. The steep, wooded slopes on Parcels One and Three are to be left in their natural state. e. A detailed grading plan, with proposed construction and permanent erosion control measures, shall be approved by the City for the driveway and building paid for Parcel One. Adopted this day of Seconded by Ayes -- 16 , 198 . STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD > I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of 1 1988, 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 the requested variation and variance. Witness my hand as such clerk and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood 17 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 , 1988 at 7 p.m. The following members were presents The following members were absents WHEREAS, Lance 8ierschenk applied for a lot- frontage and side lot line orientation variations for the following- described property: Part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 28 North, Range 22 West, Ramsey County, Minnesota described as follows: Commencing at the Southeasterly corner of said Southwest Quarter of the Northeast Quarter; thence West along the Southerly line of said Southwest Quarter of the Northeast Quarter a distance of 710.00 feet to the point of beginning; thence North a distance of 400.00 feet; thence North 68 ° 45' West a distance of 270.00 feet; thence South 46 West to the Westerly line of said Southwest Quarter of the Northeast Quarter; thence South along said Westerly line to the Southwesterly corner of said Southwest Quarter of the Northeast Quarter: thence Easterly along said Southerly line to the point of beginning. This property is also known as 1420 Sterling Street, Maplewood; WHEREAS, Section 30 -8 (f) (1) (a.) (2.) of the Maplewood Code of Ordinances requires a minimum lot frontage of sixty feet; WHEREAS, the applicant is proposing thirty feet requiring a variation of thirty feet; WHEREAS, Section 30 -8 (f) (5) requires side lines of lots to be substantially at right angles or radial to the street line. WHEREAS, the applicant is proposing side lines that are substantially perpendicular to Sterling Street. WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on April 8, 1988. 2. This variance was reviewed by the Maplewood Planning Commission on , 1988. The planning commission recommended to the city council that said variance be 3. The Maplewood City Council held a public hearing on ,1988 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 planning commission. 18 Attachment 8 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described variations be approved on the basis of the following findings of facts 1. Approval is necessary to make reasonable use of the property, due to its irregular shape and steep topography. 2. Approval would not affect the character of the area or the provision of public safety services- -the principal reasons for subdivision review. 3. Council has approved two similar requests. Adopted this day of , 1988. Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed clerk of the City of Maplewood, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of ' 1988, 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 these variation requests. Witness my hand as such clerk and the corporate seal of the city this day of , 1988. City Clerk City of Maplewood I Pursuant to due call and notice thereof, a city council of the City of Maplewood, Minnesota held in the council chambers in said city on the , 1988 at 7 p.m. The following members were present: The following members were absent: regular meeting of the was duly called and day of WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R -1 single dwelling for the following- described property: Part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 28 North, Range 22 West, Ramsey County, Minnesota described as follows: Commencing at the Southeasterly corner of said Southwest Quarter of the Northeast Quarter a distance of 710.00 feet to the point of beginning; thence North a distance of 400.00 feet; thence North 68 ° 45' West a distance of 270.00 feet; thence South 46 ° 00' West to the Westerly line of said Southwest Quarter of the Northeast Quarter; thence South along said Westerly line to the Southwesterly corner of said Southwest Quarter of the Northeast Quarter; thence Easterly along said Southerly line to the point of beginning. This property is also known as 1420 Sterling Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on , 1988. The planning commission recommended to the city council that said rezoning be 3. The Maplewood City Council held a public hearing on , 1988 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 20 Attachment 9 V 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. 5. Approval would eliminate the potential of any form - related use occurring which would be incompatible with single - dwelling development. Adopted this day of , 1988. Seconded by Ayes -- STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) 0 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 , 1988 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 , 1988. City Clerk City of Maplewood 21 F - Z / r .Action by Council`:, BACKGROUND Staff is recommending denial of a variance to construct a 1,232- square -foot, detached garage on a 21,730- square -foot lot at 834 N. McKnight Road, since it does not meet the State - required findings for a variance. Staff feels, however, that the garage should be approved. It would be inconspicuously located on the rear of a deep lot and would have no adverse impact on adjacent properties. The City has made two relatively recent amendments to August 11, 1986, the City increased the maximum garage square feet. Prior to that, a garage could not exceed area of a dwelling or 1,000 square feet, whichever was :2,'1988, the City increased the maximum size to 1,250 lots of one acre or larger. :his ordinance. On size to 1,000 757 of the floor less. On February Square feet for The survey on page 3 shows that Maplewood's current requirements are more liberal than most suburbs, which limit a lot to one garage with a maximum size of 1,000 square feet. DISCUSSION The proposed ordinance would allow the City to approve larger garages on lots under one acre where the garage would not have an adverse effect on surrounding properties. This may occur where lots are unusually deep or abut non - residential land. The conditional use permit would allow the Council to hold a public hearing and review each situation on a case -by -case basis. RECOMMENDATION Approve the attached ordinance. F: d Attachments 1. Ordinance 2. Survey MEMORANDUM Endorsed___ Modified -.. TO: City Manager Rejected.,___ FROM- Director of Community Development Date — SUHJECT: Code Amendment - Residential Garage Size BATE: September 21, 1988 INTRODUCTION Staff is proposing a code amendment to allow residential garages over 1,000 square feet, but not to exceed 1,250 square feet, by conditional use permit on lots under one acre. BACKGROUND Staff is recommending denial of a variance to construct a 1,232- square -foot, detached garage on a 21,730- square -foot lot at 834 N. McKnight Road, since it does not meet the State - required findings for a variance. Staff feels, however, that the garage should be approved. It would be inconspicuously located on the rear of a deep lot and would have no adverse impact on adjacent properties. The City has made two relatively recent amendments to August 11, 1986, the City increased the maximum garage square feet. Prior to that, a garage could not exceed area of a dwelling or 1,000 square feet, whichever was :2,'1988, the City increased the maximum size to 1,250 lots of one acre or larger. :his ordinance. On size to 1,000 757 of the floor less. On February Square feet for The survey on page 3 shows that Maplewood's current requirements are more liberal than most suburbs, which limit a lot to one garage with a maximum size of 1,000 square feet. DISCUSSION The proposed ordinance would allow the City to approve larger garages on lots under one acre where the garage would not have an adverse effect on surrounding properties. This may occur where lots are unusually deep or abut non - residential land. The conditional use permit would allow the Council to hold a public hearing and review each situation on a case -by -case basis. RECOMMENDATION Approve the attached ordinance. F: d Attachments 1. Ordinance 2. Survey ORDINANCE NO. AN ORDINANCE AMENDMENT REGULATING RESIDENTIAL GARAGES THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section I. Section 36 -77 is added as follows: Sec. 36 -77. Private Garages. (a) Private garages are limited to one attached and one detached garage for each lot. (b) Each private garage shall not exceed 1,000 square feet of floor area on a lot under one acre and 1,250 square feet on a lot of one acre or more. The City, how may approve .,a g arage larger than .. 000 s uare feet but not to exceed 1,250 (c) A private garage shall not exceed one story in height as viewed from the street. Detached garages stall not include living space. Section 2. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on , 1988. Mayor Attest: City Clerk Ayes -- Nays -- 2 Attachment 1 GARAGE SURVEY (8- 18 -88) The results of a survey of 27 cities are as follows: 1. 22 cities (82 %) require a maximum garage area: —1,000 square feet was the median — (12, 44 %) — Range: boo square feet to 1,500 square feet —Five cities used a percentage of lot coverages 2. 22 cities (82%) include storage area in calculating the maximum allowed garage area. 3. Maximum number of garages: —One = 12 (44 %) —One attached and one detached = 4 (15 %) —One attached and two detached = 1 (4B) —Two (any combination) = 2 (7,C) —No limit = 8 (30%) It appears that Maplewood's garage requirements are similar to the average requirements in other cities. 3 Attachment 2 City Coon Rapids Brooklyn Center Fridley Blaine New Brighton New Hope White Bear Lake Apple Valley So. St. Paul Burnsville Maple Grove Columbia Heights Cottage Grove West St. Paul No. St. Paul Maximum Area 768 sq.ft. or 75% of dwelling floor area cannot exceed 1,200 sq. ft. 1,000 sq.ft., but cannot exceed floor area of dwelling. 1,000 sq.ft.,not to exceed 100% of 1st floor area. 10t of lot area not to exceed 1,000 sq.ft No limit on attached 600 sq. ft. for Use Partitioned Maximum Storage Area in Number Calculation of Area No limit No except sq.ft. 2 Yes 900 sq. ft. 1,000 sq. ft. attached 750 sq. ft. detached No limit attached 750 sq. ft. detached Allow no more than 30% of lot area to be covered 1,000 sq. ft. 1,000 sq. ft. May not exceed sq. ft. of principal dwelling No limit attached 1,000 sq. ft. detached Lots C75'- -624 sq. ft. Lots X75'- -800 sq. ft. Smaller of 1,008 sq.ft. or 10% of lot area 4 1, a 2nd No bldg. allowed with special use permit 1 attached and Yes 1 detached 1 attached and Yes 1 detached 1 Yes 1 Yes 1 detached (acces— Yes sory bldg.) 1 attached 1, but may get Yes special exception for 2nd No limit except Yes square feet 1 Yes 1 Yes 1 attached and Yes 1 detached 1 detached Yes 1 Yes Oakdale 1,000 sq. ft. No limit up to Yes 1,000 sq. ft. total Little Canada 900 sq. ft. Woodbury Newport Vadnais Heights St. Paul Roseville Plymouth 1,000 sq. ft. 864 sq. ft. 1,008 sq.ft. garage and storage 900 sq. ft. 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft. Crystal Not more than 30% of backyard may be covered Golden Valley 1,000 sq. ft. Eagan No limit, no more 20% of lot covered Shoreview 1,000 sq. ft. per bldg 1,500 sq. ft. total A 1 1 2 up to limit sq. ft. 1 No, up to sq. ft. 1 No limit, up to 1,000 sq. ft. No limit (try to limit to 1,000 sq. ft.) No limit up to 1,000 sq. ft. No limit 1 attached 2 detached, 2nd detached no larger than 250 sq. £t. No No Yes No Yes Yes Yes Yes Yes Yes Yes ^� / / MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Variance or Conditional Use Permit LOCATION: 834 N. McKnight Road APPLICANT/OWNER: Marty Hayes DATE: / September 27, 1988 INTRODUCTION /~ - s AcOion by Cou Endorse d-.---___ Mv BoJeotad~~-~ Date The applicant is requesting a variance to construct a detached, 1,232-square garage on a 21,730-square lot" Se�tion 36-77 of City Code limits the maximum size of a garage on a lot un�er one acre to 1,000 square feet" A variance of 250 square feet is needed" Staff is recommending that this request be approved as a conditional use permit, rather than a variance. REQUIRED FINDINGS 6(2) f St 1" Section 367"10, subdivision te law requires that the o a following findings be made before a variance to the zoning ordinance can be granted: a" Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration" b. The variance would be in 6eepin9 with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls" The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance" 2" City Code requires that the first ten findings in the resolution on page 8 must be met to approve a conditional use permit, DISCUSSION Staff is recommending against the variance on the basis that it does not meet the State-required findings. Staff feels, however, that the 9ara9e would not have an adverse effect on surrounding properties. The neighbors responding to staff's survey agreed. Staff is, therefore, recommending a code amendment in a separate report that would allow garages over 1 on smaller lots by conditional use permit" IN The garage would meet the findings required for a Conditional use permit. RECOMMENDATION I. Denial of the variance, on the basis that the garage doe=_ not meet the findings for a variance: A. Strict enforcement would not cause undue hardship because of circumstances unique to the property: 1. A 1,000- square -foot garage can be built on the site. 2. The request is not due to circumstances unique to this property. A precedent would be set that would undermine the ordinance. B. The variance would not be of the ordinance. II. Approve the resolution on page for an indefinite time period for a of 834 N. McKnight Road. The folio required by Code: in keeping with the spirit and intent 8, approving a conditional use permit 1,232- square -foot garage on the rear wing finding=_ a.re included with those A. The property to the east is planned as a storm -water holding pond. B. The Don John property to the southeast has a commercial -sized Garage. C. The garage would be constructed on the rear of a deeper - than - normal lot. D. The applicant does not have another garage. 2 CITIZEN COMMENTS Of the 12 property owners within 350 feet of the site, six replied. All were in favor. Comments were as follows: 1. The owner has equipment that is better for neighborhood aesthetics if it were stored in the garage, rather than out in the yard. If the garage is of adequate size, the owner shouldn't need a shed in the future. 2. I like big garages. 3. It causes no problems and he needs the space. 4. In the future, I would like to add to my garage. REFERENCE Surrounding Land Uses North, west and south: Single dwellings East: Undeveloped land planned for a drainage pond and high — density residential use. Building Code An area separation wall is required for a garage over 1,000 square feet. it Attachm 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Applicant's letter - 5. Resolution 9 LOCATION MAP Attachment 1 0 N I 'r' 0 rA 4 . A 1� . !' I ' 14-1 J O r ep (5-758C.) 06 A (41MCC.) A. -;e %..J. Z *Cho. R3 A Is* C) L 14. =R `L ANK LUI IN 04. .1 1w 4 2 'Ilk 29347 % J �-072 §! JS (JL VAC. a-S-82. 840 c.E '4 F7, -7 'W 830 '(A 2 Ra 812: /+ 2w (4 7 10 sa.=1700' Nei 44511.3 4 %.CPO bQ O 441Q N X . (17)2 Jf 4 PROPERTY LINE / ZONING MAP 5 Attachment 2 0 abs �I y- y 4 1 r �I — ExisF o, Dwell. »J pCivew Ay ' I J -n eta' —� ''2ao ' fxi5�i cxiy+iAt — — —\ �wfjliug � Exisir0A K A4 U 13`!' MA4 N A feS ' I \ 93'f ±/. hkK t Pd. MAplewoos(. T�iv \ SCp'l'— �3a= I/&/ i \ r-- 91" I \ ,I \ a a \ I \I SITE PLAN 6 Attachment 3 0 N f' 7' z /ice � ✓/ +� Attachment 4 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the 10th day of October, 1988 at 7 P.M. The following members were present: The following members were absent- WHEREAS, Marty Hayes initiated a conditional use permit to construct a 1,232-square-foot garage at the followin9-described property: The southerly 82 feet of the westerly 265 feet of Lot 4, auditor's subdivision No. 77 This property is also known as 834 N. McKnight Road, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on October 3, 1988. The planning commission recommended to the city council that said permit be " 2" The Maplewood City Council held a public hearing on October 10 1988, Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements" The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above-described conditional use permit be approved on the basis of the following findings-of-fact: 1" The use is in conformity with the city's comprehensive plan and with the purpose and standards of this chapter" 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare, 3^ The use would be located, designed, maintained and operated to be compatible with the character of that zoning district, 4" The use would not depreciate property values" 5" The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust odor, fumes, water pollution, water run-off, vibration general unsightliness, electrical interference or other nuisances, 8 Attachment 5 I b. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. S. The use would not create excessive additional requirements at public cost for public facilities and services: and would not be detrimental to the welfare of the city. 9. The use would preserve and incorporate the site's natural and scenic features into the development.design. 10. The use would cause minimal adverse environmental effects. 11. The property to the east is planned as a storm -water holding pond. 12. The Don John property to the southeast has a commercial -sized garage. 13. The garage would be constructed on the rear of a deeper -than- normal lot. Adopted this Stith day of October, 1988. 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 10th day of October, 1988, with the original on file in my office, and the same is a full, true and complete transcript insofar as the same relates to a conditional use permit. Witness my hand as such clerk and the corporate seal of the city this day of , 1988. -- — City Clerk City of Maplewood E � �� � MEMORANDUM Endorsed ---- M od 1 f 1 od.~~.-__~� R* ]aotad_~_~~_�~ ~^ TO: City Manager Dato�� FROM: Director of Community Development SUBJECT: Economic Development Authority (EDA> DATE: September 22, 1988 The Emergency Fund Service is requesting that Maplewood establish an Economic Development Authority (EDA) and enter into a joint powers agreement with the St" Paul Port Authority to provide financing for the acquisition of a warehouse at 1140 Gervais Avenue, The bonds would be issued by the Port Authority" There would be no liability or obligation to Maplewood" The warehouse would be used for the distribution of food to food shelves. Emergency Fund Service's annual report and newsletter is attached which explains their program. Also attached is information on EDA/s from Briggs and Morgan " RECOMMENDATION Approve the attached resolutions establishing the City Council as an economic development authority and approving a joint powers agreement to allow the St" Paul Port Authority to finance the acquisition of a warehouse on Highways 36 and 61 for the Emergency Fund Service" Attachments 1" Resolution 2" Joint powers agreement 3. EDA report 4" Emergency Fund Service annual report and brochure (separate attachment) ENABLING RESOLUTION ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, Laws Minnesota 1988, Chapter 678 authorizes the City of Maplewood to establish an economic development authority (the "Authority ") pursuant to the provisions of Minnesota Statutes, Section 469.909 to 469.108, with specified powers and obligations to promote and to provide incentives for economic development; WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City ") has determined that it is in its best interest to establish the Authority in order to preserve and create jobs, enhance its tax base, and to promote the general welfare of the people of the City; and WHEREAS, the City has provided public notice and conducted a public hearing on the proposed adoption of this enabling resolution on , 1988, and has fulfilled all other legal requirements for the establishment of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD: 1. An economic development authority to be known as the "Economic Development Authority of the City of Maplewood" with all the powers, rights,. duties, and obligations as set forth in Minnesota Statutes, Sections 469.090 to 469.108 and any other law is hereby established in and for the City. 2. The Authority shall be governed by a board of five (5) commissioners who shall be the members of the City Council. The Commissioners. shall be elected and qualified in the same manner as the City Council. 3. Nothing shall prevent the City from modifying this enabling resolution to impose limits on the powers of the Authority or for providing for other matters as authorized by Minnesota Statutes, Sections 469.090 to 469.108 or any other law. Adopted by the City Council this day of 1988. Chairman ATTEST: City Clerk D17:019 ��11 Fes! JOINT POWERS AGREEMENT This Agreement, made and entered into as of the day of 1988, by and between the Port Authority of the City of Saint Paul (the "Port Authority "), a body corporate and politic, and the City of Maplewood, Minnesota, a municipal corporation (the "City "), provides as follows: WHEREAS, the Port Authority has been engaged in a governmental program for providing financing in the City of Saint Paul to a substantial number of persons representing the general public, and to a more limited extent, exempt persons and developers of housing and related facilities by making loans to such persons evidenced by various financing leases and loan agreements, and in the process of developing this program the Port Authority has developed a high degree of financial expertise and strength; and WHEREAS, the City has the power to exercise Economic Development Authority powers under Minnesota Statutes, Chapter 469 (the "Act "); and WHEREAS, the City has asked the Port Authority to participate in the financing of the acquisition and renovation of a 64,000 square foot facility on approximately 4.2 acres of land at 1140 Gervais Avenue in the City to be operated by Emergency Fund Service, Inc., a Minnesota non - profit corporation, to provide a centralized facility to distribute emergency food supplies to citizens of the Cities of Saint Paul and Maplewood, Ramsey County, and the State of Minnesota (the "Project "), by issuing, on behalf of the City, its tax exempt industrial revenue bonds, in the approximate principal amount of $1,500,000 (the "Bonds ") pursuant to the Port Authority's Basic Resolution No. 876; and WHEREAS, the Project will primarily secure citizens of the Cities of Saint Paul and Maplewood, Ramsey County and the State of Minnesota; and WHEREAS, the Port Authority has determined that significant benefits will inure to the residents of the City of Saint Paul from the financing of the Project, and in order to promote these benefits, the Port Authority has agreed to issue the Bonds on behalf of the City, and to cause the development of the Project in the City on the terms and conditions outlined in this Agreement; and WHEREAS, both the Port Authority and the City have previously adopted resolutions evidencing their intent to undertake the Project and the financing therefore pursuant to a Joint Powers Agreement. A� NOW, THEREFORE, in consideration of the mutual covenants herein made, the parties to this Agreement hereby agree as follows: 1. The Port Authority shall exercise the powers of the Act by adopting, approving and executing such resolutions, documents, and agreements as shall be necessary or convenient to issue and sell the Bonds and such other resolutions, documents and agreements as shall be necessary or required in connection with the issuance of the Bonds and the giving effect to or carrying out the provisions of the agreements and other documents under which the Bonds are issued and /or secured. Said Bonds shall not be deemed issued on behalf of the City, and accordingly the Port Authority shall be solely responsible for the issuance of the Bonds as herein provided and may take such action as it deems appropriate for such purpose without further action being taken by the City. 2. It is anticipated that, in connection with the issuance of the Bonds, the Port Authority will adopt a resolution which is supplemental to its Basic Resolution No. 876 (the "Supplemental Resolution "). This Supplemental Resolution will provide the terms of the Bonds, and will set forth the Port Authority's pledge to the payment thereof. In addition, it is anticipated that the Port Authority will enter into a revenue agreement (the "Revenue Agreement ") with the Company, pursuant to which the Company will (a) agree to make payments at such times and in such amounts as are needed to repay the Bonds and any interest or premium due thereon, and (b) undertake to operate and maintain the Project. 3. The Port Authority shall have the sole duty and responsibility to comply with or enforce covenants and agreements contained in the Port Authority's Basic Resolution No. 876 and the Supplemental Resolution specifically authorizing the issuance of the Bonds. This power shall specifically include the following: a. the Port Authority shall maintain the bond register as required by federal law, and shall be further responsible for such rules and regulations as may be necessary or desirable in connection with the transfer or exchange of bonds; b. the Port Authority shall be responsible for monitoring and enforcing compliance with the provisions of the Revenue Agreement relating to insurance, and shall receive and disburse the net proceeds of insurance claim payments or condemnation payments in accordance with the provisions of that agreement; C. the Port Authority shall be responsible for the disbursement of funds from the Construction Fund established in connection with the issuance of the Bonds and for the collection, holding and disbursing of moneys in any sinking fund or reserve established under the Supplemental Resolution or Lease. 4. The source of funds to implement the purposes of this Agreement shall be the proceeds of the Bonds, and such other properties and revenues as shall be loaned or contributed to, or derived from, the Project. 5. The Bonds shall be special /limited obligations of the Port Authority, payable solely from proceeds, revenues and other amounts pledged thereto, as will be more fully described in the Supplemental Resolution. The Bonds and the interest thereon shall neither constitute nor give rise to a general indebtedness or pecuniary liability, or a general or moral obligation, or a pledge of the faith or loan of credit of the City or the State of Minnesota, within the meaning of any constitution or statutory provision. To that end, the Port Authority hereby agrees to indemnify and hold harmless the City from and against any claims or losses arising out of the failure of the Port Authority to provide for the payment of principal of, and the interest or any premium on the Bonds. This indemnity shall not, however, be construed to relate to any claims or losses which might arise by virtue of the exercise, by the City, of its governmental powers in connection with the Project. 6. The Port Authority will charge a fee for its administration of the Project and the issuance of the Bonds, which fee will be described in, and payable under, the Revenue Agreement. 7. Unless otherwise provided by concurrent action of the Port Authority and the City, this Agreement shall terminate upon the retirement or defeasance of the last outstanding Bond, and this Agreement may not be terminated in advance of such retirement or defeasance. 8. Upon termination of this Agreement, any property acquired as a result of this Agreement, and any surplus moneys shall be returned to the Port Authority. 9. This Agreement may be amended by the Port Authority and the City, at any time, by an instrument executed by both of them. No amendment hereof may be entered into by the Port Authority or the City, however, if the effect of such amendment would be impair the rights of the holders of the Bonds, unless such holders have consented to such amendment. IN WITNESS WHEREOF, the Port Autho caused this Agreement to be executed on duly authorized officers, as of the day written. PORT OF EM :ity and the City have their behalf, by their and year first above AUTHORITY OF THE CITY SAINT PAUL By Its CITY OF MAPLEWOOD By Its Mayor By Its City Manager Signature page to that certain Joint Powers Agreement between the Port Authority of the City of Saint Paul and the City of Maplewood, Minnesota. i` BRIGGS awn MORGAN ECONOMIC DEVELOPMENT AUTHORITIES A3 BRIGGS sxa MORGAN I II. B. Powers that need not be exercised within or in conjunction with an Economic Development District ......................... 7 -9 1 . TABLE OF CONTENTS 7 -9 2. Power to Contract ....................... PAGE Formation and Operation of an EDA ................. 7 -1 A. Reasons for Forming an EDA ....... ........... 7 -1 B. Procedure for Establishing an EDA............ 7 -2 C. Limiting the Powers of the Authority......... 7 -2 D . Commissioners . ............................... 7 -4 E . Officers ...... ............................... 7 -5 F . Employees. ... ... ...................... 7 -5 G. City Facilities, Services .................... 7 -6 H. Existing Development Agencies and Projects... 7 -6 I. Budgets and Reports .......................... 7 -6 J. Conflict of Interest ......................... 7 -6 Powers of an EDA ... ............................... 7 -7 A. Powers that must be exercised within or in conjunction with an Economic Development District ......................... 7 -7 1. Creation of Economic Development District.... ......................... 7 -7 7 -7 2. Acquisition of Property ................. 3. Acquisition of Rights and Easements..... 7 -8 4. Receipt of Assistance ................... 7 -8 5. Sale or Lease of Land ................... 7 -8 6. Public Facilities ....................... 7 -8 7. Government Agent... ... .............. 7 -9 8. Acceptance of Public Land ............... 7 -9 9. Development and Improvement ............. 7 -9 B. Powers that need not be exercised within or in conjunction with an Economic Development District ......................... 7 -9 1 . Eminent Domain .......................... 7 -9 2. Power to Contract ....................... 7 - 9 3. . Limited Partner.. ................. 7 -10 4. Supplies and Materials .............. .... 7 -10 5. Foreign Trade Zone ...................... 7 -10 6. Studies, Analysis, Research ............. 7 -10 7. Cross- Fertilization.... .............. 7 -10 8. Levy of Taxes for Economic Development Authority ................... 7 -11 9 . Advances . ............................... 7 -11 0 BRIGGS AND MORGAN III. Constitutional Concerns ........................... 7 -19 A. Public Purpose Doctrine ...................... PAGE C. Issuance of Obligations ...................... 7 -12 C . 1. Issuance of Tax Supported General 7 -20 Iv. Availability and Appropriate Utilization of Obligation Bonds...... ............... 7 -12 7 -21 2. Issuance of Revenue Bonds ............... 7 -12 7 -21 3. Tax Increment Bonds ..................... 7 -13 7 -23 4. Pledge of Revenues ...................... 7 -13 7 -24 5. Borrowing Money........ .............. 7 -13 D. Optional Use by Existing Port Authorities.... 7 -13 E. Cross - Fertilization Powers ................... 7 -14 7 -25 1. Purposes . ............................... 7 -14 7 -26 2. Powers ... ............................... 7 -15 III. Constitutional Concerns ........................... 7 -19 A. Public Purpose Doctrine ...................... 7 -19 B. "But for" Finding ............................ 7 -20 C . Loan of Credit ............................... 7 -20 Iv. Availability and Appropriate Utilization of Revenue Sources ..... ............................... 7 -21 A . Tax Increments...... ...................... 7 -21 B. General Fund Moneys of City ................... 7 -23 C . Bonds .................................... ...... 7 -24 D . Tax Levy ... ... ............................... 7 -25 E. .. Reimbursement Tax Increment Money ........... 7 -25 F . Utility Taxes......... ............... ...... 7 -25 G. Miscellaneous Sources of Revenues ............. 7 -26 BRIGGS .+xa MORGAN ECONOMIC DEVELOPMENT AUTHORITIES Responding to the requests of many Minnesota cities for broader powers in the area of economic development, in 1986 the Minnesota Legislature passed a law authorizing home rule charter or statutory cities to establish economic development authorities. In 1987, the Legislature recodified the statutes pertaining to economic development into one large chapter, Chapter 469. Economic Development Authorities may draw on the purposes and powers contained in several different sections of Chapter 469. Sections 469.091 to 469.108 constitute the principal body of legislation pertinent to EDAs. This memo addresses many of the questions cities have raised concerning the formation, uses, and powers of economic development authorities (referred to herein as an "EDA" or an "Authority "). The statutes concerning EDAs are complicated and somewhat ambiguous, and the various "cross- fertilization" provisions used in the EDA sections of Chapter 469, allowing the EDA to exercise powers granted to other entities for a wide variety of purposes, lead to further confusion and uncertainty. Nevertheless, we believe the underlying purpose of the law - the promotion of economic development - is clear and that reasoned conclusions can be drawn about the scope and intent of the law. The following is an effort to outline the steps that must be taken to form and operate an EDA, the powers that an EDA may exercise once formed, and the constitutional concerns that may arise in connection with the use of EDA powers. FORMATION AND OPERATION OF AN EDA A. Reasons for Forming an EDA Forming an economic development authority will provide a great deal of flexibility to a city to pursue economic development. Economic development authorities may exercise their own powers, the powers of housing and redevelopment authorities, the powers of cities in connection with city development districts and the powers of municipalities or redevelopment agencies in connection with municipal industrial development. The purposes for which these powers may be exercised is expanded to embrace economic development throughout a city and not just in areas which may be deemed to be blighted. The concentration of various economic development powers and purposes in one Authority therefore provides a valuable tool to a city for the promotion and financing of economic development. BRIGGS sNn MORGAN B. Procedure for Establishing an EDA The city council creates an Economic Development Authority by passing a written resolution called an enabling resolution. Before adopting an enabling resolution, the city council must conduct a public hearing. Notice of the time and place of hearing, a statement of the purpose of the hearing and a summary of the enabling resolution must be published in a newspaper of general circulation within the city once a week for two consecutive weeks, with the first publication appear- ing less than thirty days from the date of the public hearing. Minn. Stat. 6469.093. Each year, prior to the anniversary of the passing of the enabling resolution, the EDA must submit a report to the city council stating whether and in what respects the enabling resolution should be modified. Within thirty days of receipt of the report, the city council must consider the recommendations and make any modifications it deems appropriate. Minn. Stat. 6469.092, Subd.3. Modifications to the enabling resolution must be by written resolution and may be adopted only after notice and public hearing as required for the adoption of the original enabling resolution. Minn. Stat. 6469.093, Subd 2. Once established, an EDA is a public body corporate and politic and a political subdivision of the State. It may sue or be sued in its own right. Section 469.091, Subd. 2 characterizes an EDA as a body which "carries out an essential governmental function when it exercises its power...." Nevertheless, sovereign immunity does not apply -- an EDA is not immune from liability because of its function. C. Limiting the Powers of the Authority 1. The city, through the enabling resolution, may impose the following limits upon the actions of the Authority: a. The enabling resolution may provide that the EDA may not exercise any specified power contained in the ' EDA law or that the EDA may not exercise a specified power without the prior approval of the city council; b. The city council may require that 'reserves generated by activities needed for its successful operati 7 -2 any unpledged of the EDA and not on be transferred BRIGGS eWn MORGAN to the Debt Service Fund of the city and be used to reduce tax levies for bonded indebtedness; C. The city council may require that the EDA obtain city approval before selling any bonds or obligations issued by the EDA (and prior approval is required in any case for general obligation bonds); d. The city may impose other limitations on an FDA's budget process, administration and management, and other activities, and may require an EDA to comply with the city's comprehensive plan, and may impose any other limitation the city council deems appropriate. Minn. Stat. §469.092 2. There are; in addition to the above limitations, other means by which a city council may limit the powers of the Authority: a. City Council as Commissioners of Authority The authorizing legislation states that at least one (and in some cases, two) city council members must be included among the EDA commissioners. A city council can provide in the enabling resolution, however, that the members of the city council shall serve as all the commissioners of the Authority. This approach would ensure absolute city council control over EDA activities. If a city elected to take this route, it could establish a separate advisory committee to assist it with economic development matters. As an alternative, a city council could provide that some, but not all, commissioners be city council members. b. Limitations on EDA Powers If a city council chooses not to act as the governing body of the Authority, it may, in the enabling resolution, place specific restrictions on the exercise of powers by the EDA. These restrictions could take several forms. (i) Restrictions on Exercise of Powers The enabling resolution may provide that the Authority may not exercise certain specified powers without the prior approval of the city council. Such a restriction might be placed on the power to issue general obligation or revenue bonds, on the power to grant or loan EDA funds, on the power to enter into 7 -3 S BRIGGS awn MORGAN limited partnerships, or on any other specific power over which the city council wishes to exercise control. (ii) Budgetary Control The EDA law already requires that the EDA annually submit its budget to the city. Apart from the obvious control the city council has in appropriating city money to help fund the budget, the enabling resolution may require city council approval of the Authority budget, and compliance with the budget as approved. (iii) Other Monetary Restrictions A city may place monetary limits on exercise of EDA powers. Monetary limitations could be imposed on a per- project basis, or such limits may be imposed on aggregate spending on projects by the EDA. Project based limitations would require approval by the city council of expenditures on any proposed project over a certain monetary amount. An aggregate restriction would provide for city council approval once the Authority had expended its aggregate approved amount in a fiscal year. (iv) Other Controls In addition to the foregoing controls, an enabling resolution may also provide for city council control of EDA activity by requiring the following: (A) That all official actions of the Authority must be consistent with the adopted Comprehensive Plan of the city and any official controls (e.g., zoning ordinances) implementing the Comprehensive Plan. (B) That the Authority submit all planned activities for influencing the action of other governmental agencies, subdivisions, or bodies to the city council for approval. (C) That the Authority submit its administrative structure and management practices to the city council for approval. D. Commissioners The Economic Development Authority governing body may consist of three (3), five (5) or seven (7) commissioners. 7 -4 BRIGGS eNn MORGAN The enabling resolution must state the number of commissioners. The mayor appoints the commissioners with the approval of the city council. A three member authority must include at least one member of the city council, and a five or seven member authority must include at least two members of the city council. Members of the city council in numbers greater than those mentioned above may serve as the commissioners of the EDA. The enabling resolution may provide that the members of the city council shall serve as the commissioners. Further, an EDA may be increased from three to five or seven or from five to seven members by resolution of the city council following the same notice and hearing procedures required for adoption of the enabling resolution. Original appointees to the EDA serve for terms varying from one to five years, and subsequent commissioners serve six year terms. Commisioners may be paid for attending meetings of the EDA in an amount determined by the city council. Commissioners may be removed for cause following written notice and hearing on the matter. Minn. Stat. 6 469.095. E. Officers The EDA may adopt bylaws and rules of procedure and must adopt an official seal. The EDA must elect a President, a Vice President, a Treasurer, a Secretary, and an Assistant Treasurer. The Authority must elect the President, Treasurer, and Secretary annually. Although a commissioner can not serve as President and Vice President at the same time, the other offices may be held by the same commissioner. Further, the offices of Secretary and Assistant Treasurer need not be held by a commissioner. Minn. Stat. 6 469.096. F. Employees The Authority may employ an Executive Director, a Chief Engineer, other technical experts and agents, and other employees as it requires, and it may determine their duties, qualifications, and compensation. Further, the Authority may contract for the services of consultants, agents, public accountants, and other persons needed to perform its duties and exercise its powers. The Authority may use the services of the City Attorney or hire a general counsel for its legal needs. Minn. Stat. 9469.097. 7 -5 BRIGGS earn MORGAN G. City Facilities, Services The city may furnish offices, structures, space, clerical, engineering, or other assistance to the Authority. The Authority may use the city's purchasing department in connection with construction work and to purchase equipment, supplies or materials. Minn. Stat. 5 469.097. H. Existing Development Agencies and Projects The city may divide any economic, housing or redevelop- ment powers granted under the HRA and EDA sections of Chapter 469 between the Authority and any other authority or commission established under statutes or City Charter for economic development, housing, or redevelopment. Minn. Stat. 9469.094. The city may also, by resolution, transfer the control, authority and operation of any project (as defined in the Municipal Industrial Development sections of Chapter 469) or program authorized by the HRA or Municipal Development District sections of Chapter 469 from the agency that established the project to the Authority. I. Budgets and Reports The Authority must submit an annual budget to the city including a detailed written estimate of the amount of money the Authority expects to need from the city during the next fiscal year. The Authority must also submit to the city a detailed account of its activities, and its receipts and expenditures during the preceding calendar year. The Authority's financial statements must be audited annually, and the audits must be filed with the State Auditor. Minn. Stat. 9 469.100. J. Conflict of Interest An independent anti - conflict -of- interest provision applies to EDAs. It prohibits any commissioner, employee or agent of an EDA from having any direct or indirect financial interest in any project (or property included in a project) or in any contract for materials or supplier in connection with a project. 7 -6 BRIGGS AND MORGAN II. POWERS OF AN EDA The Authority is granted several different types of powers in the EDA statutes. First, the statutes grant powers that the EDA may exercise only within or in conjunction with an economic development district. Second, the statutes directly grant powers that the Authority may exercise outside an economic development district. Finally, the statutes, by cross- reference, grant the Authority the powers that may be exercised by housing and redevelopment authorities ("HRAs cities in connection with Development Districts, or municipalities or redevelopment agencies in connection with Municipal Industrial Development. The broadest of these powers are those contained in the HRA and the Industrial Development sections of Chapter 469, making the "cross - fertilization" powers contained in Chapter 469 invaluable to Economic Development Authorities. A. Powers that must be exercised within or in conjunc- tion with an Economic Development District. The following is a list of the specific powers granted to the Authority which must be exercised within or in conjunction with an economic development district. These powers allow the Authority to create an economic development district, acquire land by various means within that district, improve the land to make it suitable for development, sell the land so acquired (with development stipulations) or develop the land itself as a public facility. 1. Creation of Economic Development District The Authority may create, following notice and hearing, an economic development district at any place within the city. Under Minn. Stat. 9469.101 Subd. 1, the district must satisfy the requirements of section 469.174 Subd. 10 (a provision which is part of the Tax Increment Financing Law), except that district boundaries must be contiguous. Section 469.175, Subd. 10 defines a "redevelopment project" and, in general, requires structurally substandard buildings, health or safety hazards, underutilized air rights, vacant or underutilized railroad property or an industrial park with a contaminated sewage lagoon. 2. Acquisition of Property In order to create an economic development district, the Authority may acquire by lease, purchase, gift, demise or 7 -7 BRIGGS . WD MORGAN condemnation proceedings any necessary right, title or interest in property. Property acquired for this purpose is exempt from taxation by the state or political subdivisions, but only while the Authority holds the property for its own use. Minn. Stat. 9469.101, Subd. 2. 3. Acquisition of Rights and Easements The Authority may acquire rights and easements for development of an economic development district. Minn. Stat. 9469.101 Subd. 7. 4. Receipt of Assistance The Authority may accept land, money or other assistance from the federal or state government or an agency of either to acquire and develop an economic development district. Minn. Stat. 9469.101 Subd. 9. 5. Sale or Lease of Land The Authority may sell or lease land held by the Authority in economic development districts. Minn. Stat. 9469.101, Subd. 10. The Authority may, after notice of hearing, sell property owned by it if the sale or conveyance is in the best interest of the city and furthers the Authority's general plan of economic development. The sale may be by private or public sale. The terms of the sale of property must include the intended use of the land and may not be consummated until the purchaser delivers the plans and specifications covering the development of the property to the Authority for approval. If the purchaser fails to devote the property to its intended use or fails to begin work on improvements in one year from the date of the purchase, the Authority may cancel the sale, and title to the property will revert to the Authority. The Authority may extend the one year deadline for good cause. The purchaser of the land may not transfer title within one year after the sale without the consent of the Authority. Minn. Stat. 9469.105. 6. Public Facilities The Authority may maintain and operate a public parking facility or other public facilities to promote development in an economic development district. Minn. Stat. 9469.101, Subd. 13. Ulu. BRIGGS �xa MORGAN 7. Government Agent The Authority may cooperate with or act as an agent for the federal or state government in the area of economic development district improvement. Minn. Stat. 9469.101, Subd. 14. 8. Acceptance of Public Land The Authority may accept conveyances of land from all other public agencies, commissions, or other units of government if the land can be properly used by the Authority in an economic development district. Minn. Stat. 9469.101, Subd. 17. 9. Development and Improvement The Authority may carry out EDA law to develop and improve land in an economic development district. The Authority may fill, grade and protect property and do anything necessary and expedient after acquiring property in an economic development district to make it suitable and attractive for development. Minn. -Stat. 9469.102 Subd. 18. B. Powers that need not be exercised within or in conjunction with an Economic Development District. The Act also grants to Authorities various powers that need not be exercised within or in conjunction with an economic development district. These powers are a great deal broader than those outlined above, and they represent the true value of an economic development authority to a city. These powers include not only those granted directly by the EDA statutes, but also those granted to an Authority by cross - reference to other sections of Chapter 469. The Authority also has the power to issue various types of obligations. 1. Eminent Domain The Authority may exercise the power of Eminent Domain. Minn. Stat. 9469.101 Subd. 4. 2. Power to Contr The Authority may enter into contracts for the purpose of economic development and may contract to purchase and sell 7 -9 BRIGGS exn MORGAN real and personal property. Any obligation or expense of the Authority may not be incurred unless there is an existing appropriation and reasonably expected revenue of the Authority from other sources sufficient to discharge the obligation or pay the expense when due. Minn. Stat. 9469.101 Subd. 5. 3. Limited Partner The Authority may act as a limited partner in a partnership whose purpose is consistent with the Authority's purposes. Thus, the Authority may invest directly in a business and will be protected from liability because of the form of the investment. The Authority's liability will be limited to the amount of contributions it has made to the partnership. Limited partner status, .lowever will prevent the Authority from taking an active role in the operation and management of the business. Minn. Stat. 9469.101, Subd. 6. Supplies and Materials The Authority may buy the supplies and materials it needs to carry out economic development. Minn. Stat. 9469.101 Subd. B. 5. Foreign Trade Zone The Authority may apply for Foreign Trade Zone powers alone or with another Authority. Minn. Stat. 9469.101, Subd. 11. 6. Studies, Analysis, Research An Authority may study and analyze economic development needs in the city and ways to meet the needs and may engage in research and dissiminate information on economic development within the city. Minn. Stat. 9469.101, subd. 15. 7. Cross - Fertilization An Authority may exercise the powers and duties of a redevelopment agency under sections 469.152 to 469.165 (Municipal Industrial Development) for a purpose in sections 469.001 to 469.047 (Housing and Redevelopment Authorities) or 469.090 to 469.108 (Economic Development Authorities). The Authority may also use the powers and duties in sections 469.001 to 469.047 (Housing and Redevelopment Authorities) and 469.090 to 469.108 (Economic Development Authorities) for a purpose (essentially economic development) in sections 469.152 7 -10 BRIGGS sNn MORGAN to 469.165 (Municipal Industrial Development). The Authority also has the powers of a city under sections 469.124 to 469.134 (City Development Districts). Minn. Stat. 99 469.091, 469.101, subd. 12. For a summary of the purposes and powers of Housing and Redevelopment Authorities, City Development Districts and Municipal Industrial Development, see Section II E of this outline. 6. Levy of Taxes for Econom D evelopment Authorit The city may, at the request of the Authority, levy a tax in any year for the benefit of the Authority in an amount not more than 0.75 mill times the assessed valuation of the taxable property in the city. An increase in the levy is allowed if the city follows certain procedures, although the levy increase is subject to reverse referendum. The levy increase may be accomplished by resolution of the city council after published notice is given. The resolution will not become effective if a petition requesting a referendum is filed with the City Clerk within 30 days after publication of the resolution. The petition must be signed by voters equalling at least 5% of the vote cast in the last general election. The election called for by the referendum must be held as specified in section 275.56. Minn. Stat. 9469.107. 9. Advances An Authority may advance (loan) its general fund money or credit (guaranty) without interest, for the objects and purposes of the Act. The advances must be repaid from the sale or lease of land. If the money advanced for the development or redevelopment was obtained from the sale of the Authority's general obligation bonds, then the advances must have not less than the average annual interest rate on the Authority's general obligation bonds that are outstanding at the time the advances are made. Advances made to acquire land and to construct facilities for recreation purposes, if authorized by law, need not be reimbursed. Minn. Stat. 9469.106. Although the repayment provisions of this section require that advances be repaid from the proceeds of the sale or lease of land, it would be unreasonable to conclude that the legislature intended to limit repayment to those sources alone, and therefore this section has been construed as authorizing the Authority to make loans whether or not cast in the form of an installment sale or financing lease. 7 -11 BRIGGS AND MORGAN C. Issuance of Obligations Issuance of Tax Supported General Obligation Bonds The Authority may issue tax supported general obligation bonds in anticipation of income from any source, in the principal amount authorized by a two thirds vote of the city council, for the purpose of acquiring property or for any other purpose set forth in the Act. These bonds are secured by a full faith and credit pledge of the City and not of the Authority, although revenues of the Authority may be and often are the primary source of payment for the bonds and pledged for that purpose. The bonds must be sold by public sale, and the form and interest rate must be set by the city council. The issuance of the bonds is governed by the Act, except for matters that are not covered in the Act, which are governed by Chapter 475 (Public Indebtedness). An election is required for the issuance of the general obligation bonds unless the bonds otherwise qualify for an exception from the election requirement under the provisions of Chapter 475. The election requirement may only be avoided for general obligation bonds if at least 20% of the debt service will be paid from tax increments, in which case the procedures of the Tax Increment Financing Law must be followed. The bonds must mature within 20 years from the date of issuance. The city council must, by ordinance give specific consent to the pledge of the City's full faith and credit,to the bonds. The bonds are payable from taxes levied by the Authority on all taxable property in the city, which taxes must be in an annual amount at least 5% in excess of the annual principal and interest on the bonds. Minn. Stat. 9469.102. 2. Issuance of Revenue Bonds Revenue bonds may be issued by the Authority to acquire land, to purchase or construct facilities, to purchase, install or furnish capital equipment, or to extend, improve, or enlarge a project under its control. The bond issue may also include a reserve to secure the payment of principal and interest on the bonds. The bonds must mature within 20 years from the date of issuance, may be sold at public or private sale and may be secured by any revenue from the facility financed by the bonds and any other facilities named in the authorizing resolution. Revenue bonds are not a debt of the Authority or the city but are payable only from the revenues pledged to their payment. If the revenue bonds are taxable bonds or if the proceeds thereof are not loaned to a private person, the project financed with them does not have to be 7 -12 BRIGGS AND MORGAN approved by the Department of Trade and Economic Development and certain public hearing and reporting requirements under the industrial development bond provisions of Chapter 469 do not apply. In addition, the industrial development bond provisions of Chapter 469 which prohibit the financing of property to be sold for housing facilities to be rented or used as permanent residence do not apply. Minn. Stat. §469.103. However, the bonds will be subject to the limitations set forth in Sections 462C.01- 462C.07. 3. Tax Increment Bonds Under Minn. Stat. 9469.103, Subd. 8, the Authority may issue tax increment bonds payable from tax increment revenues. The issuance of tax increment bonds are subject to the provisions of the Minnesota Tax Increment Financing Act. Minn. Stat. 9 9469.174 to 469.179. The proceeds of tax increment bonds are subject to the same use limitations as tar increments. Minn. Stat. 9469.176, subd. 4. 4. Pledge of Revenues The Authority may pledge and grant a lien on revenues of the Authority to secure the payment of its general obligation or revenue bonds. The revenue must come from the facility to be acquired, constructed or improved with bond proceeds or from other facilities named in the resolution authorizing the bonds. Minn. Stat. 9469.103, Subd. 5. 5. Borrowing Money After authorizing general obligation or revenue bonds, the Authority may borrow money for the purpose for which the bonds are to be issued in an amount not to exceed the amount of the bonds to be issued. The loans must be evidenced by negotiable notes due not more than 12 months after the date of the loan, which notes are to be repaid from the proceeds of the bonds. Minn. Stat. 9469.101, Subd. 19. D. Optional Use by Existing Port Authorities Any city that has established a port authority by special law or that has been granted the power to establish a port authority by special law may elect to use any of the powers granted in the Act. The provisions of the Act, however, must be used exclusively and, upon an election to use the power set forth in the Act, any powers granted in the special law may no longer be used. 7 -13 BRIGGS Awn MORGAN E. Cross - Fertilization Powers As noted previously, the Authority may exercise Indus- trial Development powers (contained in 99 469.152 to 469.165) for HRA or EDA purposes, and it may also use HRA or EDA powers for Industrial Development purposes. The Authority may also exercise the powers of a city contained in 99 469.124 to 469.134 (City Development Districts). This "cross- fertiliza- tion" gives Authorities great latitude in using the various powers contained in the statutes for various purposes within the statutes. 1. Purposes a. HRA Purposes The purposes of HRAS are to provide adequate housing and to clear and redevelop blighted areas. Minn. Stat. 9 469.001 et seq. A "blighted area" means an area with buildings or improvements which are detrimental to the safety, health, morals or welfare of the community. Minn. Stat. 9 469.002, subd. 11. b. EDA Purposes The purposes of EDAS are not made altogether clear by the statutes. Although the statutes make frequent references to EDA purposes, the statutes do not specify those purposes; in fact, the Legislature entangled, almost inextricably, the.concept of purposes with the concept of powers. However, it does appear that one purpose of an EDA is to make land suitable and available for economic development uses and purposes and to encourage the location or expansion of economic development facilities. C. Industrial Development Purposes The broadest purposes are those which underlie muni- cipal industrial development. Those purposes are the active promotion, attraction, encouragement and develop- ment of economically sound industry and commerce through governmental action for the purpose of preventing the emergence of blighted and marginal lands and areas of chronic unemployment. In essence, industrial development purposes are those necessary to encourage economic development. 7 -14 BRIGGS Axa MORGAN 2. Powers Because the list of powers that may be exercised by a given Authority is so long, only those powers which seem most suited to economic development will be listed below. a. HRA Powers The HRA statutes give powers to both the HRA and the city to exercise in connection with redevelopment. (i) HRA Powers as to Projects The schedule of powers contained in the HRA law states that an authority shall have all the powers necessary or convenient to carry out the purposes of the HRA law. Those powers include the power: (A) To establish a redevelopment project under Minn. Stat. 6469.002, subd. 14, which may be to conduct an "urban renwal project" for elimination or prevention of blighted or deteriorated areas. The term project may be applied to all real and personal property, assets, cash, or other funds, held or used in connection with the development or operation of the project. To establish a redevelopment project, the Authority must prepare a redevelopment plan, which the city must then approve. Minn. Stat. 6 469.028. The city may approve the redevelopment plan after a public hearing for which at least ten (10) but not more than thirty (30) days published notice was given. The city must make the following findings in connection with its approval of the plan: (1) the land in the project area would not be made available for redevelopment without the financial aid to be sought; (2) the redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity, consistent with the needs of the locality as a whole, 7 -15 BRIGGS Awl) MORGAN for the redevelopment of the areas by private enterprise; and (3) the redevelopment plan conforms to a general plan for the development of the locality as a whole. Minn. Stat. 9469.028, subd.2. (B) To undertake, prepare, carry out, and operate projects and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any project or any part thereof; Minn. Stat. 9469.012, Subd. 1(4); (C) To give, sell, transfer, convey or otherwise dispose of real or personal property or any interest therein and to execute leases, deeds, conveyances, negotiable instruments, purchase agreements, and other contracts or instruments and take action that is necessary or convenient to carry out the purposes in the HRA law; Minn. Stat. 9469.012, Subd. 1(5); (D) To acquire real or personal property or any interest therein by gifts, grants, purchase, exchange, lease, transfer, bequest, or otherwise, and by the exercise of the power of eminent domain; Minn. Stat. 9469.012, Subd. 1(6); (E) To borrow money or other property and accept contributions, grants, gifts, services or other assistance from the federal government, the state government, state public bodies, or from any other public or private sources; Minn. Stat. 9469.012, Subd. 1(13); (F) To issue bonds of a type determined by the Authority for any of its corporate purposes. This means that the bonds could be general obligations of the Authority in which its full faith and credit, rather than the City's, is pledged to the payment of the bonds. The Authority may also or alternatively secure the bonds by mortgages upon property held or to be held by the Authority or by pledge of its 7 -16 BRIGGS wxn MORGAN revenues, or a pledge of grants or contributions from the federal government or any other source; Minn. Stat. 9469.012, Subd. 1(15), §469.034; (G) To develop and administer an interest reduction program to assist the financing of the construction, rehabilitation, and purchase of housing units which are intended primarily for occupancy by individuals of low or moderate income and related and subordinate facilities. Minn. Stat. 9469.012, Subd. 7. The authority to authorize payment of interest reduction assistance expires on January 1, 1989; Minn. Stat. 9469.012, Subd. 10; (H) To levy a special tax each year upon all property, both real and personal, within the taxing district (which includes all of the territory included within the area of operation of the Authority). The taxes will be kept in a separate fund known as the "housing and redevelopment project fund ". The money in the fund may be used for HRA purposes and no other purpose. The tax may not exceed ten cents on each $100 of taxable valuation in the area of operation; Minn. Stat. 9469.033, Subd. 6; (I) An HRA may exercise the powers of a city under Sections 459.31 to 459.33 if the city, by ordinance, authorizes it. Under Sections 459.31 to 459.33, a city may establish and provide for the administration of a commercial building loan program to rehabilitate and preserve small and medium sized commercial buildings within its boundaries. (ii) City Powers as to Projects A state public body (which includes cities) may aid and cooperate in the planning, undertaking, construction or operation of projects by doing any of the following things: (A) Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses or other rights or 7 -17 BRIGGS Awn MORGAN privileges therein to an Authority (Minn. Stat. 5469.041 (1)); (B) Pay the bonds of or make loans or contributions for redevelopment projects (Minn. Stat. 5469.041(1)). (C) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of projects; and (D) Furnish funds available to it from any source, including the proceeds of bonds, to an authority to pay all or any part of the cost to the authority of the activities authorized by section 469.012, subd. 1, clause (7) (acquiring real property, demolishing, removing or rehabilitating, or reconstructing the buildings or improvements, constructing new buildings or improvements thereon, or to prepare the site for improvements Minn. Stat. 5469.041(9)). b. EDA Powers See Section II, A -E of this outline. C. City Development District Powers A city may designate development districts within the city boundaries. After consulting with its planning agency and conducting a public hearing within a development district, the city may adopt a development program, acquire land or easements through negotiation or powers of eminent domain, adopt ordinances regulating traffic (pedestrian or automobile) in facilities constructed within the development district, and exercise certain other powers. Minn. Stat. 5 469.126. d. Industrial Development Powers A municipality or redevelopment agency may: (i) acquire, construct and hold any lands, buildings, easements, water and air rights, improvements to land and buildings, and capital equipment to be located permanently or used 7 -18 BRIGGS nwn MORGAN exclusively on a designated site and solid waste disposal or pollution control equipment and inventory, regardless of where located, that are deemed necessary in connection with a project to be situated within the state and construct, reconstruct, improve, better and extend the project (Minn. Stat. 9 469.155, Subd. 2); (ii) pay part or all of the cost of an acquisition and construction by a contracting party under a revenue agreement (Minn. Stat. 9 469.155, Subd. 2); (iii) enter into revenue agreements with any public or private entity to ensure revenue sufficient to pay principal interest on bonds issued under the statute (Minn. Stat. 9 469.155, Subd. 5); (iv) pledge the revenues of one or more projects to payment of bonds, and it may mortgage or permit to be mortgaged a project and its revenues in favor of the city or authority, the bondholders, or a trustee therefor (Minn. Stat. 9 469.155, Subd. 6 and Subd. 7); (v) make contracts, execute instruments, and do all things necessary or convenient in the exercise of powers granted in the Municipal Industrial Development section (Minn. Stat. 9 469.155, Subd. 8). It may not operate a project as a business, and it may not expend funds on a project other than the revenues of the project or the proceeds of revenue bonds and notes or other funds granted to the municipality or authority for industrial development purposes. Since an EDA may exercise HRA powers for the purpose of industrial development, and since an HRA has clear authority to operate a project, this limitation has been overridden by other provisions of the statute. III. Constitutional Concerns A. Public Purpose Doctrine The Minnesota Constitution mandates that public funds be used only for public purposes. Minnesota Constitution, Article X, 91. ( "taxes shall be . . . levied and collected 7 -19 BRIGGS Awn MORGAN for public purposes "). Minnesota Constitution, Article XII, $1. ( "The Legislature shall pass no local or special laws . . . authorizing public taxation for a private purpose. ") However, the Minnesota Supreme Court has given a broad interpretation to the meaning of public purpose, holding that such meaning "is ever evolving in light of contemporary conditions." Minnesota Energy & Economic Development Authority v. Printy 351 N.W.2d, 319, 338 (Minn. 1984). Moreover, legislative determinations of public purpose, while not binding on the courts, are entitled to great weight. In fact, the Minnesota Supreme Court has held that "a reviewing court should overrule a legislative determination that a particular expenditure is made for a public purpose only if that determination is manifestly arbitrary and capricious." R.E. Short Co. v. City of Minneapolis 269 N.W.2d, 331, 337 (Minn. 1978). In making its determination, the court need not consider "extraneous factors such as the mode of financing ", for such factors "have no bearing on the issue of public purpose. Lifteau v. Metropolitan Sports Facilities Commission 270 N.W.2d 749, 754 n.6. (Minn. 1978) Instead, the court must focus on whether the expenditures will benefit the community as a whole and are related to the functions of government. Visina -v. Freeman 252 Minn. 177, 184 -85, 89 N.w.2d 635, 643 (1958). B. "But for" Finding In addition to finding a public purpose for a project or program, it will be necessary to determine that the proposed project would not go forward within the city "but for" the assistance to be provided by the EDA. In other words, the city and /or the Authority must demonstrate the need for public assistance to the private entity and must make specific findings supporting that need. The public purpose and "but for" determinations will have to be made on a case by case basis, looking at the particular facts of a proposed project or program. C. Loan of Credit Article XI, 62 of the Minnesota Constitution provides that, The credit of the state shall not be given or loaned in aid of any individual, association or corporation . . . 7 -20 BRIGGS awn MORGAN The Minnesota Supreme Court has consistently held that this provision applies only to the state, and not to its political subdivisions. Visina v. Freeman 89 N.W.2d at 649; Davidson v County Commissioners of Ramsey County 18 Minn. 482. Accordingly, an Authority need not be concerned that a given project or program will be considered an impermissible loan of the City's or Authority's credit. IV. Availability and Appropriate Utilization of Revenue Sources An EDA has several options for funding its activities. These include use of excess tax increments, general fund moneys of the city, proceeds of bonds, proceeds from the levy of taxes and others. Crucial to the use of any of these revenue sources is that the Authority be able to find that n "but for" such use, the ecoomic development protect the w..4 hr�v4 *.• 4c 4- hcrnhv trvin(7 to facilitate WOUld nOt have A. Tax Increments A city may use excess tax increments to fund its Economic Development Authority. However, the use of such tax increments carries with it limitations that make it somewhat less useful than other sources of funds. 1. Adoption or Revision of Plan First, revenues derived from tax increments may be used only in accordance with a tax increment financing plan. This means, at a minimum, that existing development programs and tax increment financing plans may have to be revised, or, in the case of a tax increment district to be formed, a new development program and tax increment financing plan will have to be adopted, to provide for use of tax increment by an Authority for the purposes contemplated by the Authority. 2. Limitation on Use of Tax Increment Further, revenues derived from such tax increments may only be used by an economic development authority to finance or otherwise pay costs specifically listed in 9469.176, subd. 4, which include: a. The "capital and administrative costs" for projects undertaken in a "development dis trict" created pursuant to the City Development District law. Tax increments derived from any existing or new tax increment districts created by the city 7 -21 BRIGGS Axa MORGAN would be subject to such a limitation. Limitation of the use of tax increments to the payment of "capital costs" would permit use of tax increments to acquire a limited partnership ( "equity ") interest in a company only if the money paid for the partnership interest were spent on a "capital cost" of the project. Hence, the tax increments could not be used to fund working capital loans, whether or not funded directly or through an "equity" investment. b. The "cost of redevelopme for projects pursuant to the EDA law The EDA law defines "cost of redevelopment to mean acquiring property, demolishing or removing structures on acquired property, correcting soil deficiencies on acquired property, construction or installing public improvements, providing relocation benefits to occupants of acquired properties, planning, engineering, legal and other services necessary to carry out the above, and the allocated administra- tive expenses of the authority for the project. Clearly such costs do not include working capital loans, nor, for that matter, the cost of construct- ing or equipping a building. Furthermore, such costs must be incurred in an economic development district which in turn must satisfy the stringent "redevelopment district" requirements of the Tax Increment Financing Act. c. The "public costs of redevel " proiect redevelopment area " Unlike the cost restrictions on other projects discussed above', the HRA restriction does not limit the use of tax increments to capital costs. Thus, if the projects were undertaken pursuant to the HRA laws in a project redevelopment area and were qualified as "any work or undertaking to provide housing for persons of moderate income and their families" or an "undertaking . for the elimination or for the prevention of the development or spread of slums or blighted or deteriorating areas" and if any underlying land to be acquired as part of the public costs of redevelopment is either a "blighted area" or satisfies the conditions set forth in Minnesota Statutes, Section 469.028, Subdivisions 3 or 4, then 7 -22 HRIGGS aWD MORGAN there is little statutory restraint on how tax increments could be used to aid such projects so long as appropriate hearings are held and findings as to need are made by the City Council and the EDA. d. The cost of financing or otherwise paying premiums for insurance or other security guaranteeing the payment when due of debt service on housing revenue bonds issued under Chapter 462C or industrial or commercial development revenue bonds issued under the Municipal Industrial Development Act or to fund and maintain a debt reserve for such bonds (not to exceed after five years from date of issuance 20% of the outstanding principal amount of such bonds). 3. Transfer of pK2ie2ts In order to allow the EDA to use tax increments and other revenues derived from any development districts created under the City Development District law or from projects undertaken by any city or HRA, a city may elect, by resolution of the city council, to transfer control of such projects and any underlying / tax increment financing districts to the EDA. After the transfer, the EDA may exercise all powers the city or HRA had with respect to the project. The EDA must covenant and pledge to perform the terms, conditions and covenants of the bond indenture or other agreements executed for the security of any bonds issued by the city with respect to the program, and the EDA will become obligated on the bonds when the program is transferred. Such transfer, however, will not relieve the city of its full faith and credit pledge and tax levying responsibilities with respect to the bonds issued by the city. If the city should decide to retain jurisdiction over any development district, the city council could still transfer the tax increments to the EDA pursuant to the annual budget so long as the tax increments are used in a manner consistent with the development district plan and tax increment financing plan adopted by the city. B. General Fund Moneys of City The Authority is required to send its budget to the city council with an estimate of the amount of money the Authority expects to need from the city to do Authority business during the next fiscal year. This is the procedure under which the city may give to the Authority money from the city's general fund for the Authority to use. (Separate authority is also provided in Section $469.041(1) for cities to contribute general fund 7 -23 BRIGGS AND MORGAN monies in aid of "redevelopment projects. ") The benefit of using city general fund moneys lies in the fact that such moneys are not as limited in use as moneys from other sources. In short, general fund moneys may be contributed by the city to the Authority and used for any economic development purpose, so long as appropriate findings are made and safeguards are imposed to show that such use will be made to promote economic development within the city. Such use includes write - downs, grants or loans (including working capital loans) to companies to induce them to locate or expand in the city and the purchase of limited partnership interests. C. Bonds An Authority may use the proceeds of various types of bonds to fund its activities. 1. Tax Supportea genera, vuiiva11�.._.•�•• Increment Bonds of the City The city could issu tax supported general obligation ( "G.O. ") bonds which are not secured by tax increments and give the Authority the proceeds of its G.O. bonds to use in connection with development activity. The bonds would be subject to approval pursuant to an election. The bond proceeds could be used for any purpose for which the City's general fund moneys may be used except the payment of any current expenses of the Authority or the project. 2. Tax S upiDorted General Obligation Bo nds Issued by the Authority An Authority could issue G.O. bonds which pledge the full faith and credit of the city, but only if approved by an ordinance adopted by the city council. While those bonds would also be subject to the election requirement, the proceeds could be used for any purpose for which the city's general fund moneys may be used, if including payment of current expenses, pr ovi d ed the money is advanced for purposes of development or redevelopment, then the advances must be repaid at an interest rate at least equal to the average interest rate on the bonds. 3. Revenue Bonds of the Authority The Authority could issue revenue bonds and use those funds for any purpose for which the city's general fund moneys may be used, without requirement for reimbursement. The revenues of the projects financed (and other revenues of the Authority) would be pledged to the repayment of the bonds. The Authority may also secure payment of the bonds by either a mortgage on certain Authority properties or a pledge of the Authority's, but not the 7 -24 x BRIGGS sWn MORGAN City's, full faith and credit, or both. The Authority could also issue revenue bonds under the Municipal Industrial Development Act or housing revenue bonds under Chapter 462C and use tax increments to pay for any security guaranteeing payment of the bonds or to fund or maintain a reserve therefor. See paragraph 4.3. above. 4. Tax Increment Bonds Either a city or its Authority could issue either G.O. bonds or tax increment revenue bonds secured by a pledge of tax increments without an election. Use of the proceeds of tax increment bonds would be subject to the same limitations as tax increment funds. (The Authority could also secure payment of the bonds in the same fashion allowed for revenue bonds discussed above.) 5. Usina Credit of Sister Authority Under the Joint Powers Act, the Authority could enter into a joint powers agreement with some other authority having substantially common power (e.g., the St. Paul Port Authority) under which the other authority could issue bonds and thereby lend its credit to finance a project in the city. D. Tax Levy An Authority may have its city levy a tax of .75 mill times the assessed valuation of taxable property in the city for the benefit of the Authority. The city may increase this levy by following the "reverse referendum" procedure specified in the statute. The money obtained from the levy could be used for any purpose for which the city's general fund moneys could be used. In addition, the EDA could exercise its HRA powers and levy a tax of one third of one mill times the assessed valuation of taxable property in the city for the benefit of the Authority. This levy also requires city council approval. This money could only be spent on redevelopment projects undertaken pursuant to the HRA laws. E. Reimbursement Tax Increment Money Even if excess tax increments are restricted as to use, that restriction is removed once the tax increments are used to reimburse the city for general fund expenditures (including administrative costs) which could have been paid from tax increments. F. Utility Taxes We are unaware of any authority under which the city may impose any "utility tax" as a surcharge on rates and charges imposed for sewer and water to help finance economic development projects. Rates and charges may be 7 -25 BRIGGS eWD MORGAN increased, however, or a surcharge used, to raise the money required to expand the sewer and water system to accomodate economic development. On the other hand there is at least some authority for including a reasonable profit relating to the city's utility system. This "profit" could be transferred to the city's general fund and in turn used in the same manner as other general fund monies. `Similarly, any franchise fee charged for the granting of a franchise to an investor owned utility (e.g., NSp) could be contributed in the same manner as other general fund moneys could be used. G. Miscellaneous Sources of Revenue. The city could use developer payments in lieu of taxes or developer loan repayments for any purpose for which the city's general fund moneys could be used. Despite the broad interpretation given the public purpose doctrine, it remains crucial to demonstrate that public funds will be used for a public purpose. Public benefits such as the addition of jobs, the retention of jobs, the addition or retention of tax base, or the prevention or cure of blight will demonstrate that a project has t uisite p u lic if purpose. In any given project, p g certain job or tax base criteria are not met will bolster a public purpose argument. Dated: July 8 1988 7 -26 AGENDA REPORT To: City Manager Michael McGuire Action Cou ncil.; From: Director of Public Safety Kenneth V. Collinsj� S ubject: Application For Liquor License Date: Endorsed--_ Modi£i e d. —, Rejected--. Introduction Date— Barbara Ann Johnston has made application for an intoxicating liquor license at 1955 English Street, the Maplewood Bowl. Background An investigation has been done into the background of Ms. Johnston; and she has no known contacts with the police, nor can we find that she holds a liquor license at any other establishment in the state. I met with Ms. Johnston about her application for a liquor license at the Maplewood Bowl, 1955 . English Street. Ms. Johnston said that she was requested by the Benjamins to put the liquor license in her name because she has managed most aspects of the bowling operation and has been a long —time employee of the Maplewood Bowl. Ms. Johnston does not know what her responsibilities will be at this point because no one has discussed this with her. I discussed the state liquor and gambling laws and city ordinances with her and what her responsibilities for establishing and enforcing policies should be. Ms. Johnston said that she does not have any financial interest in the Maple— wood Bowl, and it is not anticipated that she will have other than being a salaried employee. Recommendation After a careful background investigation on this individual and a discussion with her, I do not find sufficient reason to deny her application for an intoxicating liquor license. Action Required Application for intoxicating liquor license for City Council review and approval or denial. KVC:js cc City Clerk Liquor File 88- 011251 �]�\ 7/ } MEMORANDUM TO: FROM: SUBJECT: APPLICANT: DATE: Acti A Uonz1c1]'.1 Endorsed -�~� Mod1fiod~.~'~_.~. 8ejooto'l~.._.~.~.~ City Manager Dut Director of Community Development Code Amendment ~ Setbacks to Residential Zones Norman Brody August 1, 1988 The applicant is requesting that two subsections of city code be amended: 1" Subsection 36-153 (3) requires an increased setback from residentially-zoned land. 2" Subsection 36-27 (a) requires a 20-foot wide landscaped area adjacent to residentially-zoned land" The applicant is requesting that these subsections be waived where the residentially-zoned land is being used for a nonresidential use. Specifically, the applicant's site has residentially-zoned land on the east and north. A railroad is on the east and the St"Paul water works plant is on the north, (Refer to the applicant's letter on page 3") 4^~26-88: The community design review board approved the Crown Plaza Shopping Center, at Rice Street and Larpenteur Avenue, subject to a variance or code amendment for the setbacks on the north and east. The proposed amendment would not effect the intent of the ordinance, which is to protect property that is used or planned for residential. Each of the commercial, manufacturing and multiple-dwelling residential districts has been amended in the attached ordinance" In addition to the changes requested by the applicant, the following changes have been made to the ordinance: 1. The 20-foot-wide landscaped yard on nonresidential land would only apply where it abuts residentially-zoned land, rather than being within 200 feet" 2. The previous amendment, approved May 23, allowing building additions to encroach into setbacks by conditional use permit has been added to the R-3 (multiple-dwelling), NC (neighborhood commercial) and LBC (limited business commercial) districts. Apparently, these districts were overlooked in the previous amendment" Adopt the attached ordinance. In Attachments: 1, Letter and maps 2" Ordinance BRODY ASSOCIATES REAL ESTAT DEVELOPMENT DESIGN BUILD FINANCE MANAGEMENT LEASING 2233 NORTH HAMLINE AVENUE. SUITE 220 ST. PAUL, MINNESOTA 55113 TELEPHONE 6121636 4468 June 1, 1988 Mr. Tom Ekstrand City of Maplewood 1830 E. County Road 8 Maplewood, MN 55109 RE: Crown Plaza Shopping Center ' Request for Code Amendments Dear Tom: This letter is intended to serve as our formal application for amendments to the Maplewood City Code Section 36 -153 (3), Setback from Property Zoned Residential and Section 36 -27 (a), Landscaping and Screening. The specific reasons for each Code amendment are 1 amended to take this. situation, 1988, be approved steel Y)elow. into account and that the in this regard. A. Section 36 -153 (3) Residential We are requesting the Code be the particular circumstances of proposed plans, dated March 7, Setback from Property Zoned Code requires that a structure in a business commercial district have a minimum. ,side and rear yard setback of fifty (50) feet from adjacent residentially zoned property. Presumably, the intent of this requirement is to protect the integrity of nearby residential areas for both aesthetic and safety concerns. In this. instance, the proposed plans (dated March 7, 1988) provide that a portion of the northeast corner of the main retail building, and the north building in the auto mart be located slightly less than 50 feet away from the adjacent residentially zoned property to the east and north. However, the property to the east, although. zoned residential, is actually a railroad line owned by the Minneapolis and St. Paul Railway Co. The property to the north is owned by the City of St. Paul for a water works facility. Under these circumstances, the fact that a building is located slightly closer than 50 feet to the property will not compromise the aesthetics or safety concerns of any residential area. In fact, due to the existence of the railroad and the water works, the closest actual residence is much more than 50 feet from the proposed building. Attachinent 1. y / Mr. Tom Ekstrand Page 2 June 1, 1988 Due to the circumstances outlined above, we hereby respectfully request that the Code, be amended to provide that building setbacks of less than 50 feet be allowed where adjacent residentially zoned property is not actually being used for residential purposes. Specifically, we request that the proposed plans, with the building setbacks as shown, be approved. B. Section.36 -27 (a) Landscaping and Screening Code requires that a landscaped area of not less than 20 feet in width shall be provided where a non - residential use would be within 200 feet of &'residentially zoned property. The' presumable intent of this Section of the Code is also related to aesthetic and safety concerns. In this particular instance, the proposed plans provide for parking lot setbacks of less than 20 feet in areas along the east and north lot lines. The same "arguments for a Code amendment made in paragraph A, above, 'would apply to this situation. The land to the east, while zoned residential, is actually railroad property and contains no residences. Similarly, the land to the north, while zoned residential, is actually owned and used by the City of St. Paul for a water works, and contains no housing whatsoever. It is not.. likely that the property to the east or north will be used for.residential purposes in the foreseeable future. Based on these circumstances, we respectfully request that the Code be amended to require less than a 20 -foot landscape and screening requirement in cases such as this, and that the plans be approved as proposed. In .addition, we also respectfully request that,in conjunction with the code amendment, that the need to make a separate application for a conditional use permit be waived. Thank you for your consideration of this matter. /I Si cerely, BR DY ASSO B IATES, INC. y Norman M. Brody For Crown Plaza Partners NMB:kw cc: Iry Margolis 4 I 25 W J a 0 a L /TTLE CANADA Loll LOCATION MAP 5 �J N stern State Bank La Liquor �sP Sparks Tune Video Rental i G Bose Donuts II� GO PROPERTY LINE / ZONING MAP Q 9 , N 3� N� (IC Q � ........ #& . J C.A5vaa• Hoard of Water C (rql fir) i ® V" ® v� ® L u d � » 0� 00 � w.el tp z A r O 0 mn O CA ym O A 9 a w m O O-1 D NS I \ 00 � w.el tp z A r O 0 mn O CA ym O A 9 a w m O O-1 D NS n rr D h Z •�� O7' Z I � T1 Z oo� S rTA Z .T1 0 T 1 � y f o u o p�p V\ m T M .,f W N N m o D (AM O 000 T Z T " W TI T • cz o o NNG� O T T NT a rn T m y 0 O yy �yyP OD O � n o y W 000 xl :O :V X7 0 G7 IS Vl fn W W 1 e.a j N o D Z rn O O W PRICE STREET G LC =�N0 ch i 0 Dtn ! i L rG -'�z8 . 1 — — LARPENTUER AVENUE 7 S •° O O O m W� tI I 1 i IG I's oo� 0 .P O co 0 ORDINANCE NO" AN ORDINANCE AMENDING THE REQUIREMENTS FOR SETBACKS TO RESIDENTIALLY-ZONED LAND THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (Additions are underlined and deletions are crossed out): ` Section 1° Subsection 36-27 (a) under landscaping and screening, is amended as follows: (a) A landscaped area of not less than twenty (20) feet in width shall be provided where: (1) A nonresidential use abuts would be within two hundped a residentially-^zoned property. (2) A multiple dwelling abuts property zoned for single or , double dwellings. nonresidential use�. Section 2. Subsection 36-119 (g), under the R^~3,multiple district, is amended as follows: ^ (g) Setbacks| increased. LU The minimum front, side and rear yard setbacks for an R-3A multiple dwelling shall be increased, not to exceed seventy-five (75) feet, by the most restrictive of the following requirements, where the lot abuts a farm residence, residential estate, single dwelling, or double- dwelling zoning district: 444 Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height" b^ Exterior wall area: Where an exterior wall faces residentially-zoned property, the setback of the wall shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet" (2) A building addition which wg into a requi screened_from abutting resident !aj_anoqerty.. 8 Attachment 2 ` Section 3" Subsection 36-13O (dY, under the NC, neighborhood commercial district is amended as follows: (d) Building setbacks" (1) The minimum building setback from a right-of-way shall be thirty (30) feet and twenty (20) feet from side and rear property lines.. (2) Where a setback is from residentially-zoned property, the minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: a" Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. b" Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1 square feet, or part thereof, in excess of two thousand (2 square feet. (3) (4) Section 4" Section 36-140 (f) (1), under the CO, commercial office district, is amended as follows: (1) Adjacent to residentially-zoned property: A". A building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet subject to the most restrictive of the following requirements: - 9 Building hei9ht' The building ° i " e setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25 feet in height. �*n 2^ Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) f for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2 square feet. b" A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property" 9". Section 5. Subsection 36~153 (3), under the BC, business commercial district, is amended as follows: (3) Setback from property zoned residential: Az. The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet" These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. 44�4- (2) Exterior wall area: Where an exterior wall faces a ^residentially,zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) yquare feet. b^ A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board" At least 80% of the addition shall be screened from abutting residential property" 10 nonCpsidentill use.. ` Section 6° Subsection 36^~154 (b) , under the LBC, limited business commercial district, is amended as follows: (b) Setback from property zoned residential. U] The building shall have minimum side and rear yard setbacks of twenty (20) feet and a minimum front yard setback of thirty (30) feet" These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: (- H az. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height" Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. AT (3) The reouirei of s subsection shall not annlv where � , Section 7. Section 36-155 (f), under the BC (M), business commercial (Modified) district, is amended as follows: (f) Setback from property zoned residential : U] The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimu required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: I 4�4~ ax� - Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. ' 4424 b Etterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1 square feet, or part thereof, in excess of two thousand ( square feet. (2) A buiTdin9 addition which would encroach into a required setb may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property" (3) The re or 1P. aonnegigential use.. Section B. Section 36-172 (6) (c), under the SC, shopping center district, is amended as follows: (c) Where adjacent to a property zoned residential, buildings shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum req4ired setbacks eXceed seventy~five (75) feet, of the following requirements: shall be increased, not to subject to the most restrictive 1" Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. 2^ Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setbacks shall be increased five (5) feet for each one thousand (1 square feet, or part thereof, in excess of two thousand (2,000) square feet. 14 A building addition which would encroach into a required setback may be approved by conditional use`permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the community design review board. At least 80% of the addition shall be screened from abutting residential property. kPA Section 9. Section 36-189 (M-1 light manufacturing district) is amended as follows: Section 36-109" Setbacks adjacent to residentially-zoned property" ka) The minimum side and rear yard setbacks shall feet and the minimum front yard setback shall feet. These minimum required setbacks shall be incr exceed seventy-five (75) feet, subject to the of the following requirements: be fifty (50) be thirty (30) eased, not to most restrictive (1) Building height" The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. (2) Exterior wall area" Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof in excess of two thousand (2,000Y square feet" U�) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property ` setbacks and screened in a manner acceptable to the community design review board" At least 80% of the addition shall be screened from abutting residential property" the cityLy land use plan for a nonresidential use.,. ' Section 10" Section 36-204 (M~2, heavy manuf district) is amended as follows: Section 36-204. Setbacks adjacent to residentially-zoned property. . kA) The minimum side and rear yard setbacks shall be fifty (50) feet and'the minimum front yard setback shall be thirty (30) feet" These minimum required setbacks shall be increased, not to exceed'seventy^~five (7b) feet, subject to the most restrictive of the following requirements: (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height" (2) Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) 13 square feet, or part thereof, in excess of two thousand (2,000) square feet. Uz) A building addition which would encroach into a required setback may be approved by conditional use permit, it such encroachment would be consistent with surrounding property setbacks and screened in amanner acceptable to the community design review board. At least 00% of the addition shall be screened from abutting residential property. the city's land use Dlan for a nonres nti us _ Section 11, This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council this day of 1 19B8. Attest: Mayor City Clerk Ayes~- Nays-- 14 « MEMORANDUM TO: City ManaRer FROM: Bob Generous, Planning Intern . SUBJECT: Properties Effected by Proposed Change in Landscaping Requirements. DATE: October 4, 1988 The following properties are undeveloped commercial properties that abut residential-zoned properties which are not planned for residential uses. 1" County Road D and Ariel Street: the land east of Ariel Street is planned SC; currently zoned F. 2" White Bear Avenue and Beam Avenue: the land to the east of the property is part of the City park system" 3" Beam Avenue between Hazelwood Avenue and Southlawn Drive: the land to the south of these properties is Ramsey County open space, ^ 4. North of Gervais Avenue between English Street and Maplewood Drives the land to the north and east is planned open space. 5. Gervais Avenue and Southlawn Drive: the property to the north is a low and wet area that is owned by Ramsey County open ispa/csr. 6" White Bear Avenue and East Demont: the land to the east is part of Ramsey County open space. 7^ Larpenteur Avenue between Sterling S Avenue: the land to the north is planned owned by Ramsey County open space. 8^ Beebe Road: the land to the west is 9^ Holloway Avenue and Beebe Road: the school property" Lreet and Century for open space and school property land to the south is 10" White Bear Avenue south of County Road B: the land to the east is a pond" 11. County Road B east of Rice Street: the land to the east is planned open space, 12^ Rice Street south of � Roselawn: the land to the east is planned open spqce a railrogd and to south St. Paul water works" 13^ Rice Street and planned open space; water works. LarpenteLir Avenue: the land to the east is abuts a railroad and to the north St" Paul '300cl— WINM lu 7 1 J In , va 0 O O z O m V 0 0 xx CL 0 00 0 0 0 Mi, F? em 00 Nolo." )1101.•' !P k 00 A;Mr. Q) — '30b91 JAI z N r- ® 3099 0 a 009a — 7 HHxx —'300T @—'30ZD , 3 ozo 2f '300cl— WINM lu 7 1 J In O , va 0 ID xx CL co 00 0 0 0 'MOVI— --moo) no ZL — '30b91 JAI z N 3099 0 — HHxx —'300T @—'30ZD O , va 0 ID xx CL co 00 0 0 0 'MOVI— --moo) z N 3099 0 —'300T O 0 ID xx CL co Z ID 00 0 0 0 'MOVI— --moo) 0 i; q I I Qp y6 Y IR7 LIST 9TH 1Q y �� 1 1 1 - ... - / • L'2 � `� PROPERTY LINE ZONING MAP 4 N 9999990000001 WOPI .l s Glf ss 2 %�50', W •R • N S 117' N ! Izz I` 3O ` WATER goo L (` 3,9T ae. �] 17.35 14.48 ac. h 3.01 ac. ' s (3) •i o- nm i a � o 00 30 / ;= Hof c N - AGE OF MAPLEWOOD -'PARK SITE 1 4n 2 -�- N N I .S 49.5 � 4ZO w �,mw r .Allfl 4 q . OUTLOT, A 1 (3 2) Y IJS ( °' (24) o Z m g oo f , T $fl U 4 � w I ;-`$ E t-ty t*V M m c Izo'.5 I .,f olm yl N M M 132. 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'7) / 1 r , (4L) 9a r r L Tt.l (• M r y s � C2oo) 1� �i t�(ISM•)„��9Z>' oBl Dx.g3 Q 3 p l3 5� (n 289.94 ! f 0� .n d$ ajC / 3G _•is_al t�. !3 o g ) (14) .�'. P4 n�3s 3S4 ° _ .. r i ,'• 1 .03 .50 o.c. •1p ae 0 (5) I a 0 12 1 1 • 10 F)) 88 I St o 19.97 0 Lr o�e C) � B� Ch1) I C9o) Cae) (3 A) (37) 661 PROPERTY LINE ZONING MAP 4 IN \ 0 / 5% 184, Aga lb / 4� or 4. T.3a.r. / C 5 Fc a 9 z9,'+tt .4B?'p4 J V EeWAH 4,G9 oo. (4.l evo.) �t) I ( 111 (4,03 0.0 D RI �4 £26v7.LSN{Y— (4.03 o_C) n m 06o H 84 1 De l}soe. 1 t C r ^ � GO U) 0 1�14 0 or2.,b.IBati \ Dec`18651 i v r.' PROPERTY LINE"/ ZONING ,MAP �J N i 61 01 3/ R 1 15. 53 ac. . 742 TO CITY OF MAPLEW000 /2 -Z9 -76 I loo 31 j S� m mom I 5 P C1� b I n 0 S 0 A2 " PROPERTY LINE° / ZONING MAP Q o y s TA -' '� In - .. �o •• I o �60 o.c. �8� bo o ; si 1 1 111 i 0.300 i _ '.+O 120 ' 29 /zo 30 29 93 ,3o2 co, N Ul N /, osac .96a,c i 61 01 3/ R 1 15. 53 ac. . 742 TO CITY OF MAPLEW000 /2 -Z9 -76 I loo 31 j S� m mom I 5 P C1� b I n 0 S 0 A2 " PROPERTY LINE° / ZONING MAP Q Bevd a PROPERTY LINE ZONING MAP 4 i r [ O L I' 0 Zia tp __ PUM.PIA ...... J PROPERTY LINE"/ ZONING MAP I O/' 0� 44 4 ' To 85.9a 4 "'� Iz3oa3s • � �- , r - — I PROPERTY LINE ZONING MAP 0 N 1 .a Ibu. 1 = ' I 7 C i 6 3 w 5 I(o4 9 0 VAC I fD1 �? I � 1 ry q' 1 ® $ 3 9 ® 7.7 1 8 ® ty 17 IG, ® aya q ,1 Gob. ac, $ � — 23 . zl 3 1A ' + 20 .114d PROPERTY LINE ZONING MAP 0 N �� /7 2 ~ AGENDA ITEM "` AGENDA REPORT �'� Action by Conuo11�/ 1 TO: City Manager` Du8orro F�F�[/M: PuL��licWorksDir`ectcn` �~~~~^~-~~~ �odl�lo SUBJECT: Gervais� Avenue—Truck Restriction «-^~~-^-~~ DATE: October 4, 1988 8 ojootod-~`—~~ ~ _ Date----� The city council request staff to determine a way to restrict truck traffic on Gervais Avenue west of Kennard Street. Restricting trucks completely is not realistic since garbage collection trucks, service vehicles and moving vans are needed to service the neighborhood" Restricting the use of "tractor semitrailer combinations" would still allow the majority of service type vehicles in the neighborhood" It is recommended that "tractor semitrailer combinations excluded" signs be erected on Gervais Avenue at Kennard and at Hazelwood. In addition, several warning signs east of Kennard are needed to notify drivers of the restriction ahead" jc Attachment WHEREAS, Gervais Avenue from Kennard Street to Hazelwood Street is a single-family residential neighborhood, and WHEREAS, tractor semitrailer combination truck traffic is a safety concern and disruptive to the residential character of the subject street" THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD MINNESOTA CITY COUNCIL that Gervais Avenue from Kennard Street to Hazelwood Street be posted to exclude tractor semitrailer combination trucks. ' . / Aut1uu by GuoouiI;j / Em]orood..~-._~~,~~, Mudifiod.~~-~~,~° Rejected ~~~_~^~.~~ ^ Date_.~-~~ AGENDA . ITEM AGENDA REPORT TO: City Ma0ager FROM: Assistant City Enqineer SUBJECT: Walter Street, Project 84-14--Schedule Public Hearing DATE: October 4, 1988 The feasibility study for the subject project is transmitted herewith. The attached resolution schedules a public hearing. jc Attachment W RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING 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, Fenton Avenue to Frost Avenue, City Project 84-14, by construction of roadway and appurtenances with associated utilities, 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, Fenton Avenue to Frost Avenue, City Project 84-14, by construction of roadway and appurtenances with associated utilities 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 MSA Chapter 429, at an estimated total cost of the improvement of $69,600. ^ 3" A public hearing will be held in the council chambers of the city hall at 1830 East County Road B on Monday, the 14th day of November, 1988, 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. MEMORANDUM TO: FROM. SUBJECT: LOCATION: P'ROJEC'T DATE: T- �2 Action by Council.: City Manager Associate Planner -- Johnson Revised Preliminary Plat Conditions, Time Extension and No- Parting Designation South of Highwood Avenue, along Lake Drive Gonyea's Oak Heights Third Addition September 21, 1988 SUMMARY Introd Endorsed,__ Modified___—, Re j ected___® a_._ Date--- _____, 1. The applicant is requesting a one -year time extension for Gonyea's Oak Heights Third Addition preliminary plat. (Refer to the map on page' and to the Letter on page 7.) 2. Staff is proposing a revision to the original conditions to require a sidewalk and no parking on one side of Lakewood Drive. Discussion Sidewalk Versus Bike Trail: The Third Addition was approved in 1987 with the requirement for an on- street trail, rather than a sidewalk. In 1988, the City approved a time extension for the First and Second Additions and a preliminary plat for the Fourth Addition. In both cases, a sidewalk was required on the east side of Lakewood Drive. A sidewalk should also be required in the Third Addition for continuity and safety. The on- street trail requirement should be deleted. This revision would also be consistent with a comprehensive plan policy that calls for sidewalks within one mile of schools. An elementary school is planned northeast of Sterling Street and Highwood Avenue, within one mile of this plat. No Parking Designation: The developer has submitted plans to construct Lakewood Drive as a 36- foot -wide street between Highwood Avenue and Schadt Drive. This is consistent with collector street standards. However, to function properly as a collector street, one, side should be posted for "no parking." Re 1. Approve a one -year time extension for Gonyea's Oak Heights Third Addition, subject to the original conditions of 9- 28 -87, except for Condition E, (1) which shall be amended as follows (deletions are crossed out and additions are underlined): (1) The street plans shall provide for am-cm-street~trei+ 2" Adopt the resolution on page 8 to designate the east side of Lakewood Drive, between Hi9hwood Avenue and Schadt Drive, as a no-parking zone. � Past Actions REFERENCE 9~~28~87: Council approved Goneya/s Oak Heights Third Addition preliminary plat, subject to eleven conditions. 5~^23-88: Council approved a one-year time extension for the unplatted portions of Gonyea/s Oak Heights preliminary plat which adjoins the subject site to the south (page 5). Council amended the original conditions to require: construction of a five-foot-wide concrete sidewalk on the east side of Lakewood Drive from the north property line, south to the trail to be constructed to Pleasant View Park. PI an n i 1° Section 30~5 (e) of the subdivision code states: For one year following preliminary approval. ° ^ unless the subdivider and the city agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication of platting required or permitted by the approved application. Thereafter pursuant to its regulations the city may extend the period by agreement with the suhdivider and subject to all applicable performance conditions and requirements" . " 2. Lakewood Drive is designated as a collector street (page 4)" Collector streets are to be 36 feet wide if parking is prohibited on one side or 44 feet wide if parking is permitted along both sides. Forty- four-foot-wide streets should be reserved for higher volume routes whic� do not pass through single-dwelling neighborhoods" This portion of Lakewood Drive does not qualify to be a 44-foot-wide street. The no-parking designation for Lakewood Drive should be acted on by Council before the lots are sold" mb Attachments: 1" Hazelwood Neighborhood Land Use Map 2" Area Street Plan Concept 3" Preliminary Plat 4. Letter of Request 5° No-Parking Resolution (Lakewood Drive) Linwood a a c _ k Hlphwood= , �I 4 I N Gonyea's Oak Carver i 3 o v 0 0 s I O i ( School Search Area 1/2 Mlle Radlue I I J Highwood NEIGHBORHOOD LAND USE PLAN — 4 Attachment 1 �n N �p ;i. pe L,r�'� a (approved 9.2B -B7) _ R1 q Y"LP 1 i L Phase I (approved O : �o �• :IInL.:li: }w:eJ 11 •�. 1-4 : Y propose 1. -.v ; 1 Pleasantview Park 11 • n t om — • • --r N.If mta .maa.1 e e • �aH.Y} ...... ' S 1 I / �r P I So Ar ",� r I W' rn 6 -8 -87) 1 e r Maplewood Highlands + i -` (approved 2-22-M) St Paul Ski Club (epprovad ` •It n - •Y� A �� aAJ . I F �A 'y �Pf t PROPERTY LINE / ZONING MAP Location of Gonyea's Oak Heights Preliminary Plats 5 Attachment 2 Notes The alignment of Lakewood Dr1ve was approved for t the proposed ' button by coapr.h.nsive p plan • t am.ndm:.t 2- 22 -88. t a •! I�JLV_ l Highwood Avenue 2322 ' •CI 9 ., W : :b�; i . .w1 R t P z =� F R Phase V yl (Pre sent y f ¢ i L Phase I (approved O : �o �• :IInL.:li: }w:eJ 11 •�. 1-4 : Y propose 1. -.v ; 1 Pleasantview Park 11 • n t om — • • --r N.If mta .maa.1 e e • �aH.Y} ...... ' S 1 I / �r P I So Ar ",� r I W' rn 6 -8 -87) 1 e r Maplewood Highlands + i -` (approved 2-22-M) St Paul Ski Club (epprovad ` •It n - •Y� A �� aAJ . I F �A 'y �Pf t PROPERTY LINE / ZONING MAP Location of Gonyea's Oak Heights Preliminary Plats 5 Attachment 2 �v�.;�z I� ' .ti 14 +iSk Proposed lot split y 1 7� T 7 TT Highwoo A(� a — �.yr 1I. �/ • .' o 3 fV ❑11 1231 2 I .` IIIIIII 246 / 350 i Proposed Gonyea's I .•• 1 - Oak Height, Fourth • \ 11 11 - Addi tlon .. I. g / 1•. 979 `. I t I // /� / �i 991 /1- �-��•. Tempo ary�cul -de -sac an \, a (' " ' I' ! i� % 1001 ' �� '� � / ` �'• !'Ile I I ' _ W, i(\_ .. 1 I 1 I ``f• .m _Netnitz Ave. - I.� Gonyea's Oak Heights, �' // ' ❑ .'�� rd Addition (Preliminary Plat ` _� / approved 9- 28-87) \ ' • �`r — l _ I R 1 - -- i ? h 28 87way vacated .j - 5 / I u oauj +p { ��< 4esFX fxr Gonyea's Oak Heights GONYEA'S OAK HEIGHTS THIRD AND FOURTH ADDITION PRELIMINARY PLATS I , 6 Attachment 3 4 GONYEA COMPANY, INC. FIFTY GROVELAND TERRACE • MINNEAPOLIS, MINNESOTA 55403 • TELEPHONE (612) 377 -0191 & 17.18 August 16, 1988 City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Attention: Mr. Randy Johnson Dear Randy: By this letter, 2 hereby officially request an extension of one (1) year to final plat Gonyea's Oak Heights Third Addition. Please be advised that we are diligently working on the project. Our grading is nearly completed and as soon as our work load lightens, we will be able to take care of the administrative work of getting the plat recorded. Thank you. Sincerely, Arnie Esterbrooks AE /lh 7 „«�, ,,,,, Attachment 4 NO PARKING RESOLUTION WHEREAS, Lakewood Drive from Schadt Drive to Highwood Avenue is designated a collector street. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA CITY COUNCIL that the east side of Lakewood Drive from Schadt Drive to Highwood Avenue be designated "No Parking." 8 Attachment 5 MEMORANDUM TO: City Manager FROM: Associate Planner--Johnson SUBJECT: Revised Preliminary Plat Conditions and Extension APPLICANT/OWNER: Dennis D. Gonyea LOCATION: South of Highwood Avenue, along Lakewood Drive PROJECT: Gonyea's Oak Heights Fourth Addition DATE: September 29, 1988 SUMMARY �dl��� ReJeote Time 1" The applicant is requesting a revision to the conditions of preliminary approval. He wants to delete the requirement to relocate the driveway for 2374 Highwood Avenue (Eugene Husnick) from Highway Avenue to Lakewood Drive. He is also requesting a one-year time extension" 2. Staff is proposing to amend the conditions to drop the requirement for an on-street trail. Cit Code 1" Section 29^-117 of City Code requires at least twenty feet of separation between the Lakewood Drive right-of-way and a private driveway" 2" Section 29~^90 (f) states "a variance from the standards set forth in this article (streets, sidewalks, and public grounds), may he allowed by the public works department when the variance will facilitate the safe, efficient use of the property for a lawful purpose and will not interfere with the construction, maintenance or safe and efficient use of the street and its appurtenances by the public." Comments Driveway: Now that the rough site grading is complete, the city engineer concurs with the applicant that Mr" Husnick/s driveway should remain in its present location. Any other location on this property would be unsafe due to steep slopes. This drive will, however, be only ten feet from the proposed Lakewood Drive right- of-way. City Code requires a 20-foot setback" The director of public works has approved a variance to allow the Lakewood Drive right-of-way to remain where it is. He feels that the driveway will not interfere with the safe and efficient use of the ~ intersection" Denial of the variance would require the developer to,regrade and move Lakewood Drive ten feet to the east" Bike Trail: In a separate report, council is being requested to delete a previously required on-street trail for the plat adjoining to the south" For consistency, this requirement should also be deleted from the conditions for this plat" Lakewood Drive is designated as a collector street. Bicycling, particularly by younger children, along collector streets is not safe" Approve a one-year time extension for Gonyea/s Oak Heights Fourth Addition, subject to the 5~23-88 conditions, except for Conditions "b^1.", oC.6»" and od'/, which are amended as follows (language to be deleted is crossed out and language to be added is underlined) : b^ final grading, utility, drainage, erosion control and street plans must be approved by the City engineer. These plans shall include, but not be limited to: 1. 36-foot-wide street. w / C. Submittal of a signed developer's agreement, with surety, to include, but not to be limited to, the following requirements: boa �WMMQWM d^ A recordable deed restriction shall be submitted to the City to prohibit a driveway access from Hi9hwood Avenue for Lot One, BlocksQee-+*yd Two"' K REFERENCE 5~^23-88: Council approved Gonyea's Oak Heights Fourth Addition preliminary plat (page ) , subject to several conditions. 5-23-88: Council approved a one-year time extension for Gonyea/s Oak Heights preliminary plat" This plat is located about an 1/8 of mile south of the subject site and it contains about a quarter mile of Lakewood Drive. A sidewalk, was required in place of the on-street trail that had been required at the time of original approval. mb/gonyea.4th Attachments: 1^ Highwood Neighborhood Land Use Plan 2. Preliminary Plat � Unw000 0 Hiphwoo F1 v a 0 It Carver O ool Search Area 2 Mlle Radlue' Highwood NEIGHBORHOOD LAND USE PLAN 4 Attachment 7 ____ __... _ _ le Y ?Atj S � t 11 1 i!1 1 2:3P$ Proposed lot split - > ` ,4- -,. �� .... -. — - - .,-z•• '� e ' . / rte 2350 )'23;4 • _ Y r 'N , I1II'l 124 6 II(I �, I ��• "-' 'I..2348� \❑ !'��;�' a t`11 Proposed Gonyea's /.•' \ 1i Oak Heights Fourth c _ r'• ' � `l )Addition _ I c _� :/_ .,, 1 \.. I, o - ��.�,.. 979 �. 1 �t ! .{'`;fl/ A la 1 1 • 1 /�' /y ;` 9, _� de- saca�qly� OT �\ \ \�. JJ I • - �� ny PVr"C .�' 1. � / .. � j � :��ll/ f 7 � t a ' loll VI (( r Nernitz Ave. i ry Gonyae's Oak Halghts� .J% / E3`� ` Third Addition (Preliminary Plat ) J1 �. 1 � t''•, approved 9- 2E1 -87) IV R 1.-; ea ; _'� , ' �,. \'\�`\ \`.;\\ g am g •. h\\ J�\ ° 1 9 ht - 8-way vacated ; : �/ —. 319 5 rsa�� �P.� Gonyea's Oak Heights C GONYEA'S OAK HEIGHTS THIRD AND FOURTH ADDITION PRELIMINARY PLATS 5 Attachment g 4 � � Aot1Oo by Council,, MEMORANDUM Eodorrod~~_-~~~, Date ~-------�� TO: City Manager- FROM: Environmental Health Official RE: Revised On-Site Sewage Treatment System Ordinance DATE: September 30, 1988 The proposed ordinance for on-site sewage treatment systems eliminates outdated requirements in sections 28~76 through 28-78° Section 28~76" The City currently uses the Minnesota Pollution Control Agency Individual Sewage Treatment Systems Standards (6 MCAR '~ 4^8040)" This section also requires enough land for both the proposed system and a back-up system, in case the first system fails" Section 28~77 (a) prohibits the discharge of sewage on the ground or water surface from failing systems, and prohibits the spreading of sewage on the ground from tanks that have been pumped. Such sewage should be taken to Pigs Eye or to other rural areas where such disposal is legal. Section 28~`77 (b)" Sewage from holding tanks, such recreational vehicles, should be disposed of at gas R.V. parks where such facilities are available, not in the street. Qqgmmenclation Approve the attached ordinance" as in stations or in manholes jl Ordinance ORDINANCE NO. AN ORDINANCE amending the requirements for Individual Sewage Treatment Systems. The Maplewood City Council hereby ordains as follows: Section 1. Sections 28 -76 through 28 -78 are amended to read ai::> follow._ (additions are Underlined and deletions are crossed out) - ARTICLE V. INDIVIDUAL SEWASE DISPOSAL SYSTEMS Sec. 2B -76. (fin_ =,.i,te ewr ti ^eatmen;l systems - . Rcgttsred -when -no prtbl tc sewe»r-neai4-ah }ca treatment system and -- _addition sp ace to add_ a >econd, drainfield area. -Eft} �F water - a }esets - ar - ether plambrng- fixtares- exist -in �tnq Eta# }ding- }eaf<ted-i•n- the -eitq - where- there- is-- nn- pab }ic srwer -w #th t n- errefrsnnsbl a -d rstttnce- ,- pastftts }e- prowsxon --- sha-4 -1- Err merle fer dispasin9-af- the- sewet9e orisinftting -in -sash EYai }d•�ns bq - ftnq - method- •e•F- dispnserl- -whieh -meets -the rrelairements artd standards reenmmended- nr- estab•1-ished -bq -the state eommisstaner - ef - hest }th: -- Sewage - from -bail - dings; -- other than - residences; -- skier}} -be- disposed- af- ets- regaired -er rrcommrnded bp rcgafatians;- recommendettinns-- and- pabl-rshed rnntrttetions - ef - the - state- eammissinner -ef- hest }th: - -A }} septic tanWs nod •Imho•Ff- ttrrtk•s- slts }1 - -be- operated -i•n necnrdnnee with - regal atinns- and•- reeammertdertians -nf- the- -stet c r- nmmrssianer- •of•- hrtt�th :- fb} in areas - a•F - the - eitq - where- manieipa }- sewers -are -not• avei }abke- and - where, - in- the -oprn ran -nf- the- eitq- ceaneil; -it rs not pretetieerl tn instetl - l-- private- wetter- earrginq- sewage dispose•} - systems; n privq is- neeessarp- •For- dispesa }- o•F- hamarr wastes. - - Anq - sack priaq- shirt }- brennstraeted- in- ereeordetnee with - regal ations - , - p }ens - and- recemmendatinns -pabi- fished -bq -the state - commissioner of heettth -and- skier }t- be- marntarrted -in rtr_eordancc- with- sash- pabl-ishcd- reeommendations- -E•r} Wn foe # }•itq - for - the - dispose }- of- sanitarq- sewage; stxoh as a septic - tank;- •�mhoff -tank; - privy- sewer - }ins- or- }eaehins f } dq - she } } tre eonstrttoted- within- ft•ftq- •ESH }- feet- af- a - }} or -- other - scarce -of- water- sapp }q -in -the -•r. itq••: Sec. 28 -77. Disposal of Effluent. Emptging- ,- c }eaning�- remov #rtg contents; -ate: fa} Mo owner; - }asses;- agent- nr- aecapant-- of-- artq - - r�ai }dins -nr premises - rn- the -eitq- she•}}- emFr }ep�- erase- or °- prrmr.t- enq- pt�rt• of the- earttents- of -e�nq- veto }t;- priaq; -sird ,- sept•ie- tank; -dry we } } or cesspoo }- thereon; -of- which -he -has- contra }; to -be removed ; eta }css -•aeeardias- ta- permi•t - ar- the- regtr} -at i-ans -of thte- state - commissioner- of- hea }th °: -E•Ya} bt sFta } }- hre- an }awfet } -ta -pump- the -eff }treat - from -•anq faei }itq -rn- the! -citq -aced- far - dispose } -nf- sewage -tn -the ?. ?roetnd- sttrface -; -art} ass - sorb- faei•}•itq- dare - ant- rereive -anq hrr.�mart - exec° eta -nr- other- disasreeab }e- waste- each- as- graand gartrase;- crease;- ate: - - }t- shot}}- be- an }awfa } -ta- discharge -anq eff }ar -nt- waste; -or- other - discarded- materia }- from -sorb faeil -itq -into- the - water- at -anq -i -aka;- stream;- dttahq- pond -or ether trodq -ef- water -in- the- eitq:-- f6ode- 496;- 6E+ci- Ei aH °; 6tid ; H ; jti} ties: 2B- ,�B:-- Nro }ati arts- nf- Artic }e�- Fta }es�- F�ega }ation+�;-etc. Anq person - who -vie} aces- ,- disotregs;- omits; -nag} sets -nr- refaces -to eempl p with- angrof- the- proai•sions -of- this- artrc }e; nr- who - refries or - nag} eats- tn- eheq- anq -ef- the- ra }es�- orders- or- sanitarq reset }ations - of - the - - state - commies 'Toner- of- hea }th; -or- omits -or nee }eets -or- ref cers °; or order - nr - specie } - raga} atien -of- said - commissioner;- she } } -be sai }tp of- a- mrsdemeannr -far -each- and- everq- affense�- and - each -daq the vie }atiert continaes- she } } -tre- deemed -a- separate - offense -: Section 2. This ordinance shall take effect upon its passage and publication. (_h) _ ,It shall be_un,lswfulto_ dispose of the h��l - danal ,tar1V �•, uch as-... in a recreat vehicl e ,n y �tn�ppraved, locations in the city sanitary _, sewer _.system.,• � \ Passed by the Maplewood City Council this day of . 1988" Attest: Mayor City Clerk 1 MEMORANDUM TO: City Manager FROM: City Clerk DATE: October 10, 1988 Mr. Albert Olson, 2599 North Ariel Street, is requesting the City of Maplewood pay to the City of North St. Paul $2475.00 for a cash connection charge to hook into the North St. Paul water system. That amount plus interest would be levied against Mr. Olson and col— lected over a three year period with his real estate taxes. In hardship cases such as this, the City has granted such requests. .,_..... { e October 10, 1988 Maplewood City Clerk 1830 East County Road B Maplewood, MN 55109 RE: Diversified Assessment Loan Attn: Lucille: Due to my existing financial burdens, it is necessary the I request your assistance in obtaining a "Diversified Assessment Loan" for the purpose of hook -up to the City of No. St. Paul's water system. This hook -up is advantageous at this time, due to the fact of my limited fixed income, and the City of No. St. Paul requires a "Cash Connection Fee" from a nonresident. It is my understanding that the City of Maplewood can provide this service or loan in lue of assessments to help senior citizens off -set this costly venture of permits, trenching, curb box, hook -up, and the resurfacing of damaged roadway. As a resident and tax payer of Maplewood for over twenty years, I would sincerely appreciate your review of my request for assistance, as my well has gone dry recently. Thank you, and looking forward to hearing from you. Albert R. Olson 2599 North Ariel Street Maplewood, MN 55109 7 79- oa ii - --- -- ------- 9 , 1.• Proposal Pat Daley Evenings: 771 -5115 MAPLEWOOD SEWER & WATER, INC. eoery&" Seawvt aead ?Var" -7#"* 4ll%oN4 1690 English Street — Phone 778 - 1199 — St. Paul, Minn. 55109 PROPOSAL SUBMITTED TO: DATE, NAME, e � S O 6 JOB NAME: STREET, STREET: CITY. CITY, STATE, {T ✓� � l /v 6 �.d STATE: y �� -��d/ JOB TO BE INSTALLED 211 We hereby submit specifications and estimates for; /? fr/ w � n c p l/ / tK Water service installed complete from the property line connectiorrtrlta"tli'8°hraire. Meter set up according to the Water Dept. New relief valve for the water heater. Lawn faucets_ Front Sewer from house to property line_ Sewer from house to main Inside sewer change over to existing Break and replace floor City City water We do not out or replace the sod. All dirt to remain on the lob. We are not responsible for damage to trees, shrubs, or sidewalks. > S7 �1 er% /i / AY14 //? q "/, ` PO/- v cy' ✓✓aA/ We hereby propose to furnish labor and materials — complete in accordance with the above specifications, for the sum of: J� T ry 7 +AP / /i �l ABU It Ft 00 $ P!✓..Ir r / H/:i ) f .7 / dollars IS / v J 1 with payment to be made as follows: PAYMENT IN FULL UPON COMPLETION All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or de o beyon our control. Our wor ors yre fully covered by Workman's Compensation Insurance. � / /��/ Authorized Signature._ NOTE: This proposal may be withdrawn by us if not accepted within days. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted: Signature Date Signature 3 i ; lgl wd «A , 3 Or ST. PA U L October 19, 1988 Mrs. Lucille Aurelius City of Maplewood 1830 E. Co. Rd. B Maplewood, MN 55109 RE: Hook Up Fee 2599 Ariel Street Dear Lou: The hook up fee for 2599 Ariel Street is $ 82.5 feet of frontage at $30.00 per foot. based on one half of the total frontage on condition that if the property is split in another house is built, the balance of the be charged for a hook up fee. GENERA. OFFICE 770 -4450 ENGINEERING 7704463 RECREA1 ION 770.4471 UTILITIES 770 -4488 POLICE ADMINISTRATION 770.4466 FIREADMINISTRATION 7704400 2526 EAST SEVENTH AVENUE NORTH SAINT PAUL, MINNESOTA 55109 ?,475.00 based on The footage is Ariel with the the future and frontage would If I can be of any further assistance, please contact me. Thank you. Sincerely� David L. Kotilinek, P.E. City Engineer DLK:tam As a matter of policy, the City of North St. Paol does not discrirninato mmm q. applicants and participants on the basis of race, religion, sox, national aiigin, color, or handicap. 4