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Home My WebLink About1989 04-20 & 04-24 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 4:30 P.M., Thursday, April 20, 1989 and 7 :00 P.M., Monday, April 24,'1989 Council Chambers, Municipal Building Meeting No. 89 -10 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES D. APPROVAL OF AGENDA E. CONSENT AGENDA 1. Approval of Claims 2. Disposal of Old Financial Records 3.: Revision of Personnel Policies 4. Policy on Filing Unpaid Ambulance Bills With a Collection Agency Y 5. Donation Received for Appreciation of Services 6. Time Extension: Cave's Century 5th Addition F. AWARD OF BIDS G. UNFINISHED BUSINESS 1. Ariel Street Assessments Project 88 -11 H. NEW BUSINESS 1. T.K.D.A. City Hall Preliminary Plans 2. Upper Afton Road - McKnight to Century, Project 86 -07 - Order Feasibility Study_ 3. Birmingham, Ripley - Summer Drainage 4. Gervais Avenue, No Parking 5. Appeal of C.D.R.B. Motion: Maplewood Auto Center (2525 White Bear Avenue) 6. Manager Cost of Living Increase 7. Hazardous Waste Collection Day Final Approval of Bonds, Notes and Developers' Agreement: Cottages of Maplewood 9. Preliminary Approval and Hearing Date for Revenue Bonds (Volunteers of America) 10. Cable T. V. I. COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. J. ADM- INI_STRATIVE PRESENTATIONS 1. Storm Sewer Financing 2, 3. 4. 5. K. ADJOURNMENT OF 4 -20 -1989 MEETING L. RECONVENE: CALL 4 -24 -1989 MEETING TO ORDER M. ROLL CALL N -A - PRESENTATION Kathy Jefferson, Family Services (Formerly East Community Family Services) N. PUBLIC HEARINGS 1. 7 :00 P.M,, Keller Parkway - County Road C water Main Project 88 -10 - Public Hearing 20 .7:10 P.M., Hillcrest Sanitary Sewer Project 86 -22 - Assessment Hearing G. ME 3, 7:20 P.M., 2582 white Bear Avenue (Bachmans) a. Parking Authorization b. Rezoning C. Street Vacations d. CDRB Appeal 4. 7:30 P.M. Preliminary and Final Plat: Crestview Forest 4th Addition 5. 7 :40 P.M., Southwinds Apartments a. Revision of the Conditional Use Permit North of the Site b. Conditional Use Permit For This Project C. Preliminary Plat 7:50 P.M., Highwood Avenue (Carver) a. Plan Amendment (4 Votes). b. Rezoning (4 Votes)_ C. Conditional Use Permit UNFINISHED BUSINESS. (Continued from 4-10-89) 1. Conditional Permit for Mining: Kingston and Payne Avenues TT'f"f" "rMf -%T1 -r%'nT- n-nATm A m- r'� 'kTn _ P. ADJOURNMENT OF 4 -24 -89 MEETING AGENDA REPORT Agenda Number E -1 Aoffon It Endorsed„,, Modified---.. TO : City Manager Red eoted.4„�,,,,�,,,r- _...... FROM: Finance Director RE: APPROVAL OF CLAIMS DATE. April 14, 1989 It is recommended that the Council approve a ment of the following claims. py g ACCOUNTS PAYABLE: $ 398,382.10 $ 98,532.50 $ 496,914.60 PAYROLL: $ 165,428.86 $ 31,690.62 $ 197,119.48 $ 694,034.08 Checks #6281 - #6333 Dated-04-03-89 thru 04 -13 -89 Checks #7006 - #7122 Dated 04 -20 -89 Total per attached voucher /check register Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL Attached is a detailed listing of these claims. DFF:kaz d VOUCHREG CITY OF MAPL.EWOOD PAGE 1 04/14/89 12:44 VOUCHER/CHECK REGISTER FOR PERIOD 04 VOUCHER/ CHECK VENDOR CHECK VENDOR I TE'M ITEM CHECK NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 6281 510900 04/03/89 MAPL.EWOOD STATE BANS: F . I . C. A. PAYABLE 71271.36 FED INC TAX PAY 19,721.70 � FICA CONTRIBU 7,271.36 349264.42 6282 510900 04/03/89 MAPLEWOOD STATE BANK WAGE DEDUCTION 337.50 337.50 6283 560100 04/03/89 MN STATE COMMISSIONER STATE. INC TAX PAY 79832.14 79832.14 6284 943500 04/03/89 WISCONSIN DEPT. OF REVENUE STATE INC TAX PAYABLE 154.68 154.68 6285 901350 04/03/89 UNITED WAY UNITED WAY DED PAY 700.50 700.50 6286 080400 04/03/89 BLUE CROSS BLUE SHIELD HCMA DED PAY 29010.00 HEALTH LIFE DEN 69505.54 INS CONT 463.14 89975.68 6287 320500 04/03/89 GROUP HEALTH INC. HCMA DED PAY 11868.66 HEALTH LIFE DEN INFO 7, 54.5.79 INS CONT 224.00 9, 638.45 .6288 810100 04/03/89 SHARE HCMA DED PAY 19070.06 _. HEALTH LIFE DEN INS 29 353.46 INS CONT 285.29 31708.81 � 6259 151150 04/03/89 COMMERCIAL LIFE INS. CO. LIFE INS PAY 93.10 HCMA DED PAY 326.80 HEALTH LIFE DEN INS 579.24 INS CO N7 12.43 11011 .57 6290 504600 04/03/89 MADISON NATIONAL LIFE L.T.D. INS 19951.33 1.9951.33 6291 450110 04/03/89 L.M.C.I.T. WORK COMP INS 379385.25 379385.25 � 6292 541400 04/03/89 MINN. STATE TREASURER MOTOR VEH LIC FEES 18,763.00 18,763.00 i 6293 541400 04/03/89 MINN. STATE, TREASURER STATE* DRIV LIC FEES 620.50 620.,50 6294 541400 04/04/89 MINN. STATE TREASURER MOTOR VEH LIC FEES 13,285-.25 1392785.25 6295 541400 04/04/89 MINN. STATE TREASURER STATE. DRIV LIC FEES PAY 465.50 465.50 6296 541995. 04/04/89 MINNESOTA CELLULAR TELEPHONE 9.15 9.15 6297 450120 04/04/89 L.M.C.I.T. rNSURANCE 429171.67 42,171.67 � 6298 410700 04/05/89 KENTUCKY C=RIED CHICKEN FEES FOR SERVICE 79.85 79.85 .6299 541400 04/05/89 MINN. STATE TREASURER MO i CSR VEH L.IC E'E:ES 81667.70 81667.70 6300 541400 04/05/89 MINN. STATE TREASURER STATE DRIV LIC FEES 645.50 645.50 � VOUCHRE G CITY OF MAPLE PAGE 2 04/14/89 12.40 VOUCHER /CHECK REGISTER FOR PERIOD 04 VOUCHER! CHECK VENDOR CHE=CK VENDOR ITEM ITEM CHECK NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 6301 1404.00 04/06/89 CLERK OF DISTRICT COURT CNTY DRIV LIC FEES 116.50 116.50 63012 04/06/89 HIGHLAND- SUPERSTORE S EQUIPMENT OTHER 1 , 2.13..0.0 REPAIR MAINT /E 199000 19412.00 6303 510100 04/06/89 MAPLE LEAF OFFICIALS ASSN. FEES FOR SERVICE 19104.50 19 104.50 6304 541400 04/06/89 MINN. STATE TREASURER MOTOR VEH LIC FEES 13,042.00 137042.00 6305 541400 04/06/89 MINN. STATE TREASURER STATE DRIV LIC FEE 515.h0 515.50 6306 5205104 04/07/89 MC:GUIRE, MICHAEL HEALTH LIFE DEN INS 75.00 75.00 6307 190400 04/07/89 DEFT. OF NATURAL RESOURSES DNR LIC FEES PAY 192.00 192.00 6308 900075 04/07/89 U. S. WEST CELLULAR EQUIPMENT OTHER 736.,00 736.00 6310 661.T50. 04/07/89 NORTHERN STATES POWER OTHER CONST COSTS 8 9.8 3 ...00 89832.00 4 6311 661750 04/07/89 NORTHERN STATES POWER UTIL 1830 CO RD B 49456.19 UTIL 1200 S TERL I.N.G _ _ 3.9 0... UTIL 1600 MYRTLE 3.90 UTIL :500 7TH ST. 2.75 UTIL 34..5 CENTURY 81.75. UTIL 1501 GENEVA 14.60 UTIL 1677 EDGE RTON 70.77 UTIL 618 FARRELL _ 15.31 UTIL 2659 7TH S'T. 101.20 UTIL 2659 7TH S.T. 93.c3., 83 u*rIL .1695 BEEBE: 1,02:8..55 UTIL 1695 BEE.BE 335.:2 6,20T.97 631 2. 541.404 44107/89 MINN.- STATE TREA.S.UREC� _ _ MOTOR VEH LIC FEES_ 10., 80.32_ __.. _ _ 10,:680.32 �► 6313 541400 04/07/89 MINN. STATE TREASURER STATE DRIV LIC FEES 573.00 873.00 6314 060920 04/07/89 BALD EAGLE SPORTSMEN'S SUBS S MEMBERSHIP 92.00 92.00 f 315 530600 04/10/89 METRO WASTE CONTROL . COMM I$$ -N SEWAGE TREATMENT 11.29 439 r 1.4 112.94.39.14 t 6316 541400 04/10/89 MINN. STATE TREASURER MOTOR VEH L.IC FEES" 139 704.60 13, 704.60 6317 541400 04/10/89 MINN. STATE TREASURER STATE DRIV LIC FEES 640.00 640.0.0 6318 U4/ 1U /�� GOPHER. STATE�OVE CA�,, IN.C. FEES FOR SERVICE 1:.04 1n . V0 0 6319 931810 04/10/89 WARNING LITES OF MN TRAVEL & TRAIN 60.00 60.00 � 6320 541400 04/11/89 MINN. STATE TREASURER MOTOR VEH L..IC. 13, 793.75 137 798.7'5 _ 6 ZI 541400 04/11/89 MINN. s,rATE TREASURER. STATE DRIVERS LIC. 678.50 67$.50. VOUCHREG ITEM CHECK AMOUNT CITY .OF MAPL.E.WOOD 1.00 04/114/89 12:40 VOUCHER /CHECK 13EGISTER 2.34 1.17 FOR PERIOD 04 .75 42.42 19400 «00 .1,400.00 89639.70 89639.70 VOUCHER/ 726.50 1.16.50 116.50 19340.20 11340.20 CHECK: VENDOR CHECK VENDOR ITEM 79.00 NUMBER NUMBER DATE NAME DESCRIPTION 6322 0304.00 04/12/89 ANDE:.RSON, CAROL.E SUPPLIES OFFICE 107.10 ZZ . 00 .:. _ 2Z.00 91755.15 99755.95 PROGRAM SUPPLIES 59.50 Z10.00 210.00 16.56 TRAVEL. TRAINING 11.86 26.46 SUPPLIES JANITORIAL 26.20 } 14.88 SUPPLIES JANITORIAL 22,05 8.76 PROGRAM SUPPLIES 49.4.2 326.71 24.06 24.06 TRAVEL. TRAINING 6323 900555 04/12/89 UNIV. OF WISCONSIN TRAVEL TRAINING 6324 541400 04/12/89 MINN. STATE TREASURER MOTOR VEH L.IC FEES 6525 541400 04/12/89 MINN, STATE TREASURER STATE DRIVERS 6326.11.1404-00 04/13/89 CLERK OF .DISTRICT COURT CNTY DRIVERS LIC FEES 6327 130200 04/13/89 CHANHASSAN DINNER THEATRE PROGRAMS 6328 610300 04/13/89 MUNICI -PALS TRAVEL TRAINING TRAVEL TRAINING TRAVEL TRAINING 6329 070300 04/13/89 BEHM, LOIS PROGRAM SUPPLIES TRAVEL TRAINING_ TRAVEL TRAINING VEHICLE ALLOWANCE: _ VEHICLE ALLOWANCE VEHICLE: ALLOWANCE. 6330 _ 5 0344._. 0.4/13/89 ST.PAUL. _CIVIC CENTER _ METRO E. FAIR 6331 541400 04/13/89 MINN. STATE TREASURE: -R MOTOR VEH LIC 6332 541400 04/13/89 MINN. STATE TREASURER STATE DRIVERS LIC; X3.313 3205104..._.. 4/13/8'9 GROUP ._HEAL.TH... INC. _ . A/R .AMG REFUND 7006 010575 04/20/89 ACE HARDWARE MAINT MATERIAL SUPPLIES JANITOR MAINT MATERIAL MAINT MATERIAL _.. MAINT MATERIAL MAINT MATERIAL MAINT MATERIAL SUPPLIES VEHICLE MAINT MATERIAL MAINT MATERIAL MAINT MATERIAL MAINT MATERIAL 7007 021200 04/20/89 AMERICAN FASTENER SUPPLIES VEHICLE PAGE 3 ITEM CHECK AMOUNT AMOUNT 1.00 17 .58 1.10 2.34 1.17 18.48 .75 42.42 19400 «00 .1,400.00 89639.70 89639.70 726.50 726.50 1.16.50 116.50 19340.20 11340.20 19.75 39.50 79.00 74.19 14.38_._ 14.37 • 52 1 .82 1.82 107.10 ZZ . 00 .:. _ 2Z.00 91755.15 99755.95 59.50 59.50 Z10.00 210.00 16.56 3Z.2-1 11.86 26.46 25.48 26.20 } 14.88 18.75 22,05 8.76 74.08 49.4.2 326.71 24.06 24.06 i VOUCHREG CITY OF MAPL_EWOOD PAGE 4 1 04/14/89 I2 40 VOUCHER /CHECK REGISTER FOR PERIOD 04 1 VOUCHER/ CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK ! NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7008 021550 04/20/89 AMERICAN TOOL SUPPLIES VEHICLE 46.05 46.05 7QO? 040940_ . 04./Z 0 81� ARNALS _AUTO SER .I C.E. _ .. REPAIR . & MAINT /V _ _ 461.99- REPAIR & MAINT /V 170.9+5 632.94 7014 041500 04/20/8' ARTS IGN FEES FOR SERVICE 70.27 SUPPLIES EQUIPMENT 55.41 1 SUPPLIES EQUIPMENT 5.50 131.18 i 7011 042100 04120/89 ASPROTH TAXIDERMY FEES FOR SERVICE 385.00 385.00 i 1 _..7012. 450.005, 04/20/39 A.A..A.. ALI, CITY VACUUM SUPPLIES JANITORIAL 64.55 64..55 i 7013 050050 04/20/89 A.T. & T. TELEPHONE:. 179.31 � --- TELEPHONE. TELEPHONE 1 .18 1 TELEPHONE 20.83 204.70 7014 050350 04/20/£9 AURELIUS, LUCILLE TRAVEL & TRAIN 126.31 1 VEHICLE ALLOWANCE: 10.00 136.31 7015 061100 04/20/89 BANNIGAN & KELLY P.A. CONTRACT PAYMENT 6,351.09 LEGAL FISCAL 211.25 61562 .34 � 7016 061900 04/20/89 BATTERY TIRE WAREHOUSE SUPPLIES VEHICLE 4.52 SUPPLIES VEHICLE 6.70 S.UPPL.zES EQU.IPMENT... SUPPLIES EQUIPMENT 14.83 SUPPLIES VEHICLE 181.8'2 SUPPLIES VEHICLE #2.., 66. SUPPLIES VEHICLE 80.02 428.64 7017 070175 04/20/89 BECK, HAROLD. REC REG FEES 12. 00- _. 12.00 7018 080900 04/20/89 BOARD OF WATER COMMISSIONERS UTILITIES 7.26 � OTHER CONST COSTS UTILITIES 60.00 UTILITIES 60.00 1 UTILITIES �Ca. UTILITIES 6.48 I UTILITIES 12.12 UTILITIES,:.0 15,9372 7019 031300 04/20/89 BUYER TRUCK PARTS SUPPLIES VEHICLE 16.98 16.98 7020 090500 04/20/89 BRACKEN:, LOUIS CONTRACT PYM. 555.00 555.00 7021 101400 04/20/89 BUILDERS SQUARE MAINT MATED IAL 115i.04 MAINT MATERIAL 98.64 i MAINTENANCE MATERIAL 'Z7 «1Z 240.80 VOUCHREG CITY OF MAPL..EWOOD 04/14/89 12:140 VOUCHER /CHECK REGISTER FOR PERIOD 04 VOUCHER/ CHECK AMOUNT AMOUNT CHECK: VENDOR CHECK VENDOR ITEM NUMBER NUMBER DATE NAME DESCRIPTION 7022 101650 04/20/89 BURFEIND, MARY P. FEES FOR SERVICE 7023 110290 04/20/89 CAPITOL SUPPLY CO. REPAIR MAINT /E 7024 130300 04/20/39 CHAPIN PUBLISHING LEGAL FISCAL 7025 140300 04/20/89 CLEAN STEP RUGS FEES FOR SERVICE 8.00- 171-.92 FEES FOR SERVICE 19450.00 40.51 FEES FOR SERVICE 7026 142300 04/20/89 COPY DUPLICATING DUPLICATING COSTS 7027 143800 04/20/89 DALCO SUPPLIES JANITORIAL _676.00 '. 11.76 SUPPLIES JANITORIAL 37.00 42.22 SUPPLIES JANITORIAL 7028 152100 04/20/89 CONTINENTAL SAFETY EQUIPMENT E QUI PMFNI OTHER 7029 152400 04/20/89 COPY EQUIPMENT, INC. OTHER COSTT COSTS 25.76 SUPPLIES EQUIPMENT 7030 180800 04/20/89 DALCO SUPPLIES JANITOR 7031 _ 180900 04/20/89 DALEY.,_ ...PAS' _ _ -..._ FEES FOR SERVICE 7032 190950 04/20/89 DEPT. OF TAXATION FEES FOR SERVICE 77.Z8 FEES FOR SERVICE 116.16 FEES FOR SERVICE ri 04 72.60 FEES FOR SERVICE 232.32 FEES FOR SERVICE.. 217.80 FEES FOR SERVICE 7033 230900 04/20/89 EASTMAN KODAK COMPANY SUPPLIES DUPLICATING 110. r5 110.75 SUPPLIES DUPLICATING SUPPLIES DUPLICATING SUPPLIES. DUPLICATING. SUPPLIES DUPL'ICA*TING SUPPLIES DUPLICATING SUPPLIES DUPLICATING SUPPLIES DUPLICATING DUPLICATING COSTS DUPLICATING COSTS DUPLICATING COSTS DUPLICATING COSTS 'DUPLICATING COSTS DUPLICATING COSTS DUPLICATING COSTS DUPLICATING COSTS 7034 231475 04/20/89 ED'S WOOD PRODUCTS SUPPLIES EQUIPMENT PAGE 5 ITEM CHECK AMOUNT AMOUNT 70 .28 70.28 97.46 97.46 153.00 153.00 12.35 13.35 13.35 39.05 353.53 353.53 102.69 77.23 8.00- 171-.92 19450.00 19450.00 40.51 58.43 98.94 74.05 74.05 676...00.. __ -._ _676.00 '. 11.76 37.00 42.22 11.76 23.52 35.23 161.54 25.76 6.44 16.10 51.52 32.20 48.30 77.Z8 � 6-1ty .4 0 116.16 ri 04 72.60 232.32 145.20 217.80 343.43 Z90.40 1 , 774 ..QO 110. r5 110.75 VOUCHREG ' CHECK DESCRIPTION 04/14/89 1"..; 40 A/R 58.00 58.00 .FEES FOR SERVICE 80.00 80.00 VOUCHER/ 19.47 38.93 UNIFORMS & CLOTH CHECK VENDOR CHECK VENDOR NUMBER NUMBER DATE NAME 7035 260275 04/20/89 FAHF:.Y, SARAH 14.47 & CLOTH UNIFORMS & CLOTH 53.36 _ 7036 .200451 04/20/8? FOSS,. JAN__ 7037 300500 04/20/89 G & K SERVICES ,,�- -- .,. _ 1:. 9'�_... __ = f -_. 'TMP ^.^+�^,., 3��_. ..',,. �•, �.,,. nilM� *�a..r•.;n- ;,^rAn,.e��e�sr'. CITY OF MAPLE.WOOD PAGE 6 VOUCHER/CHECK REGISTER FOR PERIOD 04 I TE.M ITEM CHECK DESCRIPTION AMOUNT AMOUNT A/R 58.00 58.00 .FEES FOR SERVICE 80.00 80.00 UNIFORMS & CLOTH 19.47 38.93 UNIFORMS & CLOTH 15.47 UNIFORMS & CLOTH 15.47 UNIFORMS UNIFORMS & CLOTH 19.44 UNIFORMS & CLOTH. 15.47 -- _.._ UNIFORMS & CLOTH 14.47 & CLOTH UNIFORMS & CLOTH 53.36 UNIFORMS & _CLOTH 53.86 UNIFORMS & CLOTH 53.86 46.40 UNIFORMS & CLOTH 53.86 UNIFORMS..& CLOTH_ 53.86_ UNIFORMS & CLOTH 53.86 UNIFORMS & CLOTH 38,93 UNIFORMS & CLOTH 38..93_ UNIFORMS & CLOTH 38.93 UNIFORMS & CLOTH 38.93 . __ _ _ _._._.. _.. __. _ _ .. - _ .. _. _ . UNIFORMS & CLOTH S.8 . 9_3 UNIFORMS & CLOTH 46.40 UNIFORMS & CLOTH 34.39 UNIFORMS & CLOTH 34.39 UNIFORMS & CLOTH 34.359 UNIFORMS & CLOTH .34.39 UNIFORMS & CLOTH 3.4 ..85+ UNIFORMS & CLOTH 34.39 UNIFORMS & CLOTH 18.54 UNIFORMS & CLOTH 18..54 UNIFORMS & CLOTH 18.54- UNIFORMS & CLOTH 18.54 _ UNIFORMS & CLOTH. 18.54 UNIFORMS & CLOTH 18.54 998.58 7038 302900 04/20/89 GLENWOOD INGiL E:WOOD FEES FOR SERVICE 72.30 72.3.0 7039 310125 04/20/89 GOLD EAGLE CLEANERS SUPPLIES JANITOR 9.54 $UPPL.IE:S JANITOR .54-- 9.00 7040 310300 04/20/89. GOODYEAR TIRE COMPANY REPAIR & MAINT /V 7.00 REPAIR & MA 1.N7 . / V 7.50 14.50 7041 310810 04/20/89 GOVERNMENT DATA PUBLICATIONS BOOKS 125.90 125.90 7042 810850 04 /ZO /89 GOVERNMENT TRAINING SERVICE TRAVEL & TRAIN 380.00 0 TRAVEL & TRAIN 225.00 TRAVEL. TRAINING 1 190.00 795.00 0 7043 330400 04/20/89 HARMON GLASS REPAIR & MAINT /V 195.41 195.41 wo VOUCHREG 04/14/89 12:40 VOUCHER/ CITY OF MAPLEWOOD VOUCHER /:.HECK REGISTER FOR PERIOD 04 CHECK VENDOR CHECK VENDOR ITEM NUMBER NUMBER DATE NAME DESCRIPTION 7044 340050 04/20/89 HEALTH RESOURSES CONTRACT PYM. 350.00 179.00 179.00 CONTRACT PYM. 2.18 2.18 122.72 CONTRACT PYM. 70451 341700 04/20/89 HERBERT, MICHAEL J. UNIFORMS & CLOTH 7046 341719 04/20/89 HERMANN MARKETING/JFM PROGRAM PROGRAM SUPPLIES 7047 351300 04/20/89 HORSNELL9 JUDITH VEHICLE ALLOWANCE 7048 390100 04/20/89 INDEPENDENT #622 PUBLISHING 9.00 15.00 FEES. FOR SERVICE 7049 400400 04/20/89 J. J. TROPHIES PROGRAM SUPPLIES 54.87 37.80 37.80 PROGRAM SUPPLIES 7050 400500 04/20/89 J.D.M. MAINTENANCE SUPPLIES JANITORIAL 133.00 10.53 SUPPLIES JANITOR 7051 401200 04/20/89 JIM HATCH SALES SMALL TOOLS 11659.20 20.00 20.00 MAINTENANCE MATERIAL 7052 430300 04/20/89 KNOWLANIS PROGRAM SUPPLIES PROGRAM SUPPLIES 7053 430400 04/20/89 KNOX COMMERCIAL CREDIT MAINT MATERIAL 7054 440225 04/20/89 KRINGLE9 VICKI PROGRAM REG FEES 70.55 460103 04/20/89 LEAGUE OF MN...CITIES. TRAVEL & TRAIN 7056 480670 04/20/89 LONG LAKE FORD TRACTOR, INC. SUPPLIES EQUIPMENT' 7057 490200 04/20/89 LUGER LUMBER CO. PROGRAM SUPPLIES MAINT MATERIAL 7058 510600 04/20/89 MAPLEWOOD BOWL FEES FOR SERVICE 7059 511600 04/20/89 MASYS CORP REPAIR & MAINT/E 7060 511700 04/20/89 MATHEYS, ALANA TRAVEL & TRAIN 7061 520600 04/20/89 MCNUL.TY, TIMOTHY REPAIR & MAINT/V 7062 540450 04/20/89 MIKISKAj WILLIAM PROGRAM SUPPLIES PROGRAM SUPPLIES 7063 540550 04/20/89 MIDWEST ANIMAL SERVICE FEES FOR SERVICE 7064 540555 04/20/89 MIDW(.:-ST CHILDRENS CONTRACT PYM. PAGE 7 ITEM CHECK AMOUNT AMOUNT 28..66 487.22 14.33 530 .21 350.00 350.00 179.00 179.00 2.18 2.18 122.72 208.46 331818- 629.50 268.00 897.50 200.00 200.00, 400..00 178.00 45.00 223,00 12.52 9.Ze .-21.80 13.50 13.50 9.00 9.00 15.00 15.00 195.90 195.90 13.90 40.97 54.87 37.80 37.80 19131.00 19132.00 17.91 17.91 133.00 133.00 10.53 65.73 76.Z6 11659 .20 11659.20 20.00 20.00 +.r- .,•.....L_,""_�_.�'_L..... ,,.,. ,,... ^,.,.1 ^ ^- '-^ *n.,.h..«« ..pi 4i- :•ntf*ra t+xm. +'�^F*'nr�is+.r�f�cm VOUCHREG CITY OF MAPLE:WOOD PAGE 8 I 04/14/89 1.2:4 VOUCHER /CHE.CK REGISTER � FOR PERIOD 04 VOUCHER/ 1 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK ► NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT i 7065 540720 04/20/89 MINN COMM OUTSIDE RENT EQUIP 111.00 .111.00 7066 541 04/Z o /a9 r+I!`1NE CJTA CELLULAR TELEPHONE 51 .65 51.65 1 7067 570500 04/20/89 MOTOROLA, INC SUPPLIES EQUIPMENT' 875.00 1 EQUIPMENT OTHER 41864.00 EQUIPMENT OTHER 11824.00 SUPPLIES EQUIPMENT 119.25 796$2.25 1 7068 580320 04/20/89 M -R SIGN COMPANY SIGNS SIGNALS 421.75 421.75 7069 .630210 .04/20/89 NAPA AUTO PARTS SUPPLIES VEHICLE 6.46 SUPPLIES VEHICLE 18.49 ► SUPPLIES VEHICLE 8.22 33.17 i 7070 630625 04/20/89 NATIONAL LAW ENFORCEMENT TRAVEL & TRAIN 240.00 240.00 7071. 630.800, 04/20/89 NCR EQUIPMENT OFFICEF 1, 1'50.0.0 19150.00 1 7072 640350 04/20/89 NEENAH FOUNDRY CO. BOOKS 10.00 10.00 7073 640550 04/20/89 NELSON, JEAN VEHICLE ALLOWANCE 14.01 14.01 '7074 662600 04/20/89 NORWEST INVESTMENTS SERVICES PRINCIPAL PAY 59036.56 5,1 0,36.56 i 7075 691600 04/20/89 OSTER, ANDREA TRAVEL & * rRAIN 26.83 � TRAVEL. _ & TRAIN 20. 68. - 47...5.1 7076 691800 04/20/89 OSWALD FIRE HOSE MAINTENANCE MATERIAL 21.00 21.00 � 7077 701500 04/20/89 PAYE.TTE, JEAN FEES FOR SERVICE 52.71 52.71 1 � _7078_ 71020.0 04/20/89 P.EGi,._ DEN1 _ TRAVEL T1AN 'x'_.1.0 9.10 1 7079 710800 04/20/89 PET CONNECTION PROGRAM SUPPLIES 8.4.1 8.41 � 7080 711300 04/20/89 PETERSON j BELL, CONVERSE &JENSEN FEES FOR SERVICE 4,000.00 1 CONTRACT PYM. 11 ,00 41116.00 !� 7081 711500 04/20/89 PHOTOS TO GO FEES FOR SERVICE 8.16 i FEES FOR SERVICE 9.30 17.46 7082 721300 04/20/89 PROFESSIONAL PROCESS FEES FOR SERVICE 116.33 116.:3 1 � 7083 741700 D4/20/�� tAIM�E.1l COUNTY P'C1aT�A�.E � . 33.:.5 33.25 1 7084 742110 04/20/89 RAMSEY EMERG, MEDICAL SERVICES SUPPLIES EQUIPMENT 158.50 158.50 � 7085 742900 04/20/89 RAY DAVIS SUNS SUPPLIES VEHICLE 5.59 SUPPLIES, JANi fOR 7.95 � SUPPLIES JANITOR 46.78 60._;:2 ----- ---- ----- . ........... ..... VO.UCHREG CITY -OF MAPLEW1301) PAGE 9 04/14/89 12:40 VOUCHER/CHECK REGISTER CHECK VENDOR CHECK VENDOR ITEM NUMBER NUMBER DATE NAME DESCRIPTION 7086 750800 04/20/89 REMINGTON ELECTRIC REPAIR & MAINT/B 6.85 250800 250.00 ZqT59.21, 7087 T61300 04/20/89 ROADRUNNER FEES FOR SERVICE 7088 761305 04/20/89 ROBERTS, KEN TRAVEL & TRAIN 7089 761410 04/20/89 ROGERS, LOIS PROGRAM REG FEES 543.89 3.30 3.30 24.00 24.00 7090 762300 04/20/89'. ROYAL DOWNS PROGRAMS 7091 770800 04/20/89 RYCO SUPPLY CO. SUPPLIES JANITORIAL 7092 770900 04/20/89 RYDER TRANSPORTATION OUTSIDE RENTAL 88.70 4.16 7093 7801T5 04/20/89 S.E.H. OUTSIDE ENO rEES 192.00 15.20 OUTSIDE ENG FEES 86.07 30.00 OUTSIDE ENG FE E S 193.87 OUTSIDE ENG FEES OUTSIDE ENG FEES 7094 T803001. 04/20/89 S8xT OFFICE PRODUCTS INC. EQUIPMENT OFFICE EQUIPMENT OFFICE 7i' SUPPLIES OFFICE SUPPLIES OFFICE 7095 780400 04/20/89 S.&D LOCK & SAFE SUPPLIES OFFICE 7096 780785 04/20/89 SCHULDTqLINDA RECREATION REG. FEES 7097 800800 04/20/89. SEXTONPRINTING POSTAGE 7098 810400 04/20/89 SHELTER TECH SUBSCRIPTION M EMBERSHIP 7099 831600 04/20/89 SPS OFFICE PRODUCTS SUPPLIES OFFICE SUPPLIES OFFICE - SUPPLIES OFFICE SUPPLIES OFFICE EQUIPMENT OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE 7100 840400 04/20/89 ST.PAUL CITY OF REPAIR & MAINT/E REPAIR & MAINT/E FEES FOR SERVICE OWN i I TE-M CHECK AMOUNT AMOUNT 485.88 485.88 33.60 33.60 60.00 60.00 33.00 33.00 10.50 10.50 6.85 6.85 250800 250.00 ZqT59.21, 13,37-3.43 619TO.89 353.8.1_-. 695.44 249152.T8 IT3.60. 141.60 ri 139.98 88.71 543.89 3.30 3.30 24.00 24.00 4,90 4.90 99.00 99.00 50.88- 32.52 8 6 . E-31 3. 82-85 322.46 43.24 88.70 4.16 1T.84_ 1.72 64.28 192.00 15.20 900.92 86.07 30.00 77.80 193.87 t VOUC:HREG CITY OF MAPL.E:WOOI3 PAGE 10 1 04/14/89 .12s 40 VQUCHER /CHEGK. REGISTER FOR PERIOD 04 VOUCHER/ CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK t NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7101 840800 04/20/89 ST . PAUL RAMSEY MEDICAL CENTER FEES FOR SERVICE 30.00 t FEES FOR SERVICE 29.00 59.00 � 7102 t 850325 04/20/89 SUNDQUIST, WE=NDY HONORARIAM 25.00 25.00 710 3 Bt�U 100 `"' U4I20/ �,�' T. J . AUTO ,PARTS SUPPLIES VEHICLE r 40.'I3 � 40.7 3 7104 860150 04/40/89 T. K:. D.A. OUTSIDE:: ENG FEES 51.98 � OUTSIDE ENG FEES 61176.19 OUTSIDE ENG FEES 63.88 OUTSIDE ENG FEES 893.04 OTHER CON ST COSTS 19296.73 $, 481 . c•2 7105 860500 04/20/89 TARGET PROGRAMS 15.09 � PROGRAMS SUPPL.I.ES _ 7.05 ;ALES TAX .40- 21.74 7106 5�0��0 .::,, 04l�0/..� � _ TARGET STORES SUPPLIES OFFICE 23.91 23.91 7107 871800 04/20/89 TOWER ASPHALT MAINT MATERIAL 200.00 MAINT MATERIAL 194.30._.. MAINT MA-f ERIAL 181.25 E MAINT MATERIAL 158.05 MAINT MATERIAL 166.75 MAINT MATERIAL 174.73 1 MAINT MATERIAL 19 ?.93 MAINT MATERIAL 199,34- _ MAINT MATERIAL 175.45 E MAINT MATERIAL 156.60 MAINTENANCE MATERIAL 169.6-5 MAINTENANCE MATERIAL 184.88 21158.93 f 71.0 900.100 04/70/89 UNIFORMS UNLIMITED_ UNIFORMS a. CLOTH 84.4.0 UNIFORMS 7.10 UNIFORMS 39.95 1:31.45 7109 900450 04/20/89 UNIVERSITY OF MINNESOTA TRAVEL a TRAIN 95.00 95.00 7110 901100 04/20/89 UNIVERSAL MEDICAL . SUPPLIES EQUIPMENT 491120 SUPPLIES EQUIPME::NT 15.67 64.87 1 � 7111 910500 04/20/89 VASKO RUBBISH REMOVAL FEES FOR SERVICE 142.00 FEES FOR SERVICE 199.00 341.00 .7112 9.11500 04/20/89 VIKING INDUSTRIAL CENTER SMALL TOOLS 133.10 133.10 7113 930800 04/ZO/89 WAHL.STRAND, CONNIE PROGRAM REG FEES 11.00 11.00 � 7114 931 100 04/20/89 WALDENBOOKS DOOMS 36.57 35.57 7.115 931150 04/20/89 WALDOR PUMP REPAIR MAINT /D 375.38 375,5.9- .. , CITY OF MAPLEWOOD dN5S ''AGE 11 � VOUCHREG 12:40 VOUCHER /CHECK REGISTER 04/14/89 FOR PERIOD 04 VOUCHER/ CHE CK VENDOR CHECK VENDOR ITEM ITEM AMOUNT CHECK AMOUNT NUMBER NUMBER DATE NAME DESCRIPTION 7116 931330 04/20/89 FALL STREET JOURNAL SUFB` � MEMDEF�SHI P �� . ��D 34 . t�G 7117 931477 04/20/89 WALSH BARBARA REFUND 12.00 12.00 7118 934700 04/20/89 WATER PRODUCTS MAINT MATER-IAL 31.73 31.73 7119 960600 04/20/89 XEROX CORP. DUPLICATING COSTS 5.24 DUPLICATING COSTS 8.74 DUPLICA*rINU COSTS 25.68 DUPLICATING COSTS 40.52 DUPLICATING COSTS 25.68 DUPLICATING COSTS 50.52 156.38 7120 � f 60TOO � 04/20/8. YOCUM OIL CO. FUEL & O IL 2$2 . 35 28� . 35 7121 960920 04/20/89 YZERMANSIKATHY PROGRAMS REFUND 12.00 12.00 zr 7122 980800 t�4/�`0/89 ZIEGLER_ INC. REPAIR .& MA INT /V ZZ9 .07 22.9 .07 . -. TOTAL CHECKS 4969914.60 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 04/14/89 CHECK #$106 - CHECK #8253 EMPLOYEE NAME GROSS PAY SLAVIK, THOMAS J. 11107.70 McGUIRE, MICHAEL A. 21538.46 BLACKSTONE, GAIL 11427.70 ZAWACKI, KATHRYN 11004.50 BERM, LOIS N. 11034.10 JAHN, DAVID J. 897.97 SWANSON, LYLE 967.78 CUDE, LARRY J. 276.80 OSTER, ANDREA J. 902.28 MIKISKA, WILLIAM 172.80 FAUST, DANIEL F. 21033.30 TAYLOR, LINDA 11050.28 MATHEYS, ALANA K. 11083.88 VIGNALO, DELORES A. 1,083.88 ANDERSON, CAROLE J. 1,243.88 LA MOTTE, MARLENE AURELIUS, LUCILLE E. .182.00 1,878.90 SELVOG, BETTY D. 238.00 SCHADT, JOANNE L. 11086.09 KELSEY, CONNIE L. 522.04 VIETOR, LORRAINE S. 11052.80 HENSLEY, PATRICIA A. 562.01 JAGOE, CAROL 732.68 CARLE, JEANETTE E. 855.88 OLSON, SANDRA 604.40 COLLINS, KENNETH V. 21084.50 RICHIE, CAROLE L. 954.28 SVENDSEN, JOANNE M. 11240.98 NELSON, ROBERT D. 11800.50 FULLER, ELAINE 366.34 OMATH, JOY E. 972.68 MARTINSON, CAROL F. 936.68 ZAPPA, JOSEPH A. 11575.90 STILL, VERNON T. 1,378.28 SKALMAN, DONALD W. 11507.44 FRASER, JOHN 509.36 NELSON, CAROL M. 1,678.48 MORELLI, RAYMOND J. 11355.20 STEFFEN, SCOTT L. 17473.65 ARNOLD, DAVID L. 11561.48 BANICK, JOHN J. 11454.51 BOHL, JOHN C. 11403.69 CAHANES, ANTHONY G. 11800.50 CLAUSON, DALE K. 11403.89 MOESCHTER, RICHARD M. 11429.77 ATCHISON, JOHN H. 11403.88 YOUNGREN, JOHN 11763.72 PELTIER, WILLIAM F. 11604.75 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 04/14/89 CHECK #8106 - CHECK 48253 EMPLOYEE NAME GROSS PAY SZCZEPANSKI, THOMAS J. 11355.61 WELCHLIN, CABOT V. 11357.72 LANG, RICHARD J. 11403.88 RAZSKAZOFF, DALE 11454.28 HERBERT, MICHAEL J. 11454.28 DREGER, RICHARD C. 11561.48 STAFNE, GREGORY L. 11429.77 BECKER, RONALD D. 11682.38 HALWEG, KEVIN R. 11734.55 STOCKTON, DERRELL T. 11378.28 PAULOS, JR., PAUL G. 11187.80 BOWMAN, RICK A. 11327.08 KARIS, FLINT D. 11390.28 HEINZ, STEPHEN J. 1,576.92 GRAF, DAVID M. 1,.467.08 THOMALLA, DAVID J. 1,390.29 PALMA, STEVEN T. 1,316.52 VORWERK, ROBERT E. 11467.08 BERGERON, JOSEPH A. 11390.28 MEEHAN, JAMES 11494.67 MELANDER, JON A. 11467.08 ENGEN, MARIA 471.67 SAUNDERS, SARAH 414.29 EMBERTSON, JAMES M. 11538.10 WILLIAMS, DUANE J. 1,429.56 RABINE, JANET L. 11029.48 STAHNKE, JULIE A. 11067.22. BOYER, SCOTT K. 999.88 WALDT, CYNTHIA 804.69 RYAN, MICHAEL P. 21080.69 FEHR, JOSEPH 804.68 NELSON, KAREN A. 1,048.68 FLAUGHER, JAYME L. 17087.47 WEGWERTH, JUDITH A. 491.09 HAIDER, KENNETH G. 2,084.50 CHLEBECK, JUDY M. 11087.88 MEYER, GERALD W. 11274.46 KANE, MICHAEL R. 11441.22 NAGEL, BRYAN 866.37 LUTZ, DAVID P. 17132.68 KLAUSING, HENRY F. 11197.48 SCHMOOCK, JOHN 992.68 HELEY, RONALD J. 1,154.28 OSWALD, ERICK D. 1,060.66 FREBERG, RONALD L. 17154.28 CASS, WILLIAM C. 11704.68 LINDBLOM, RANDY 887.08 ELIAS, JAMES G. 11334.28 PECK, DENNIS L. 17334.28 PRIEBE, WILLIAM 17262.28 IRISH, BRUCE A. 17635.08 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 04/14/89 CHECK #8106 - CHECK #8253 EMPLOYEE NAME GROSS PAY GESSELE, JAMES T. 11286.28 GEISSLER, WALTER M. 11310.28 METZ, TERRY 11032.88 LOFGREN, JOHN R. 959.32 ODEGARD, ROBERT D. 1,878.90 BRENNER, LOIS J. 11067.88 KRUMM E L , BARBARA A. 486.34 STAPLES, PAULINE 11642.28 JONES, L. 36.00 ANDERSON, ROBERT S. 11100.68 LINDORFF, DENNIS P. 11132.68 GARRY, WILLIAM 818.28 HELEY, ROLAND B. 11175.88 MARUSKA, MARK A. 11342.28 SCHINDELDECKER, JAMES 977.32 BURKE, MYLES R. 11197.48 HANNEGAN, ANDREA 63.00 DREGER, KAKI 62.50 PODPESKAR, KIMBERLY J. 32.50 HERBER, TODD 30.00 BESETH -J R, RONALD 40.00 FISCHER, PATRICIA 30.00 DORNBUSCH, AMY 10.00 WARD, ROY G. 406.40 TAUBMAN, DOUGLAS J. 11352.20 GREW- HAYMAN, JANET M. 11157.48 NELSON, JEAN 370.78 HORSNELL, JUDITH A. 567.94 HUTCHINSON, ANN E. 667.64 FISHER, L. 56.00 DOHERTY, KATHLEEN M. 11086.09 BARTA, MARIE L. 936.68 OLSON, GEOFFREY W. 11878.90 MISKELL, NANCY 328.59 LIVINGSTON, JOYCE L. 490.58 GENEROUS, ROBERT 333.20 ROBERTS, KENNETH 11056.56 EKSTRAND, THOMAS G. 11529.62 OSTROM, MARJORIE 11563.08 CARVER, NICHOLAS N. 11187.88 WENGER, ROBERT J. 11321.81 NADEAU, EDWARD A. 11217.45 MULWEE, GEORGE W. 11152.68 NUTESON, LAVERNE S. 11706.96 BREHEIM, ROGER W. 1,210.97 EDSON, DAVID B. 17260.62 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PRY PERIOD ENDING 04/14/89 CHECK #8106 - CHECK #8253 EMPLOYEE NAME GROSS PAY - - - - - - - - - . - GERMAIN, DAVE 11174.28 MULVANEY, DENNIS M. 11288.68 SPREIGL, GEORGE C. 11053.48 $165,428.86 PAYROLL DEDUCTIONS ICMA RETIREMENT CORPORATION CITY & COUNTY EMP CR UNION AFSCME 2725 MN MUTUAL LIFE INS 19 -3988 METRO SUPERVISORY ASSOC MN STATE RETIREMENT SYSTEM L.E.L.S. Z1 $ 71103.32 Cl 23,695.00 U1 476.30 160.00 U3 18.00 Z2 238.00 P1 526.50 $ 31,690.62 GRAND TOTAL $197,119.48 ■ d AGENDA NUMBER 't-- — � AGENDA REPORT TO: City Manager FROM: Finance Director RE: DISPOSAL OF OLD FINANCIAL RECORDS DATE: April 11, 1989 Action by countdi i1 Endorsed.,,.... Modif i ed ,- le.jected,_ Date Authorization is requested to make application to the State for disposal of old financial records. BACKGROUND For the past several years, the City has been microfilming its financial records. The main reason for microfilming has been to conserve valuable space in the City Hall -- microfilming results in a 96% reduction in the number of file cabinets and space required for records storage. Once records are microfilmed, the original copies are packed and sent to the Public Works Building for storage. (The State Auditor requires that the original copies be kept for six years.) The microfilm copies are kept in the City Hall and copies are also in safe deposit boxes at a local bank. Annually, the City disposes of records that are over six years old. However, before the records can be destroyed, the City is required by law to submit the attached resolution and application for approval to the State. It should be noted that the application requests approval to destroy only the original copies. The microfilm copies will be kept as a permanent record. RECOMMENDATION The attached.resolution is recommended for adoption. DFF :kaz Attachments RESOLUTION WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. Minnesota Historical Society For use by Records Panel V . 1500 Mississippi St. Application No. Date St. Paul, MN 55101 APPLICATION FOR AUTHORITY pp 612- 296 -6980 TO DISPOSE OF RECORDS ► INSTRUCTIONS 1. This form does not provide continuous authority to dispose of similar records and cannot be used to approve a records retention schedule. 2. Complete original and three copies. Photocopies are acceptable. 3. Complete items 1 through 6 and item 8. Use reverse side to continue records description. If more space is needed, use plain paper. 4. Send original and two copies to the address above. 5. Retain one copy until your approved copy is returned. The approved copy will be your authority to dispose of records. It should be retained permanently. 6. Additional copies of this form are available at the address above. .NOTE: Laws of 1971, Chapter 529, Section 3 reads as follows: "It is the policy of the legislature that the disposal and preservation of public records be controlled exclusively by Minnesota Statutes, Chapter 138 and by this act, thus, no prior, special or general statute shall be con- strued to authorize or prevent the disposal of public records at a time or in a manner different than prescribed by such chapter or by this act and no general or special statute enacted subsequent to this act shall be construed to authorize or prevent the disposal of public records at .a time or in a manner different than prescribed in chapter 138 or in this act unless it expressly exempts such records from the provisions of such chapter and, this act by specific reference to this section." 1. Agency or Office 2. Division or Section 3. Quantity of Records. CITY OF MAPLEWOOD Finance Department 12.54 Cubic Feet 4. Location of Records 5. Laws other than M.S. 138.17 that relate to the destruction or safekeeping of the records: Maplewood Public Works Building None to our knowledge 6. 1 certify that the records listed on this application are accurately described, and that they have no further administrative, legal, or fiscal value for this agency. Authorized Signature (Type name below) Name Date Daniel F. Faust 3/21/89 Title Finance Director Phone 770 -4513 7. Exceptions to Destruction. (For use by Records Disposition Panel). AUTHORIZATION: Under the authority of M.S. 138.17, it is hereby ordered that the records listed on this application be destroyed, ex- cept as shown in item 7. Director, Minnesota Historical Society Date Legislative or State Auditor Attorney General Date Date 8. Description of Records. Describe each record series or type of record separately. Number each series, beginning with "1 ". a. Item No. b. Name of record, form numbers, content, usage, arrangement, original, c. Inclusive duplicate, or microfilmed. I Dates 1. PR- 1(10/84) FINANCIAL RECORDS Schedule of Accounts Original Monthly Batch Proof Original Monthly Activity Listing Original Monthly Sub - Ledger Original Monthly Budget & Revenue Original End of Year Sub - Ledger Original Monthly General Ledger Books Original Accounts Payable Listings Original Monthly Bank Statements Original 1982 1982 1982 1982 1982 1982 1982 1982 1982 a. Item No. b. Name of record, form numbers, content, usage, arrangement, original, C. Inclusive duplicate, or microfilmed Dates 1. �CON'T.). FINANCIAL RECORDS End of Year Vendor Records Original 1982 Expenditure Vouchers & Documents #12066 - #15237 Original 1982 Direct Expenditure Vouchers & Documents #6720 - 6857 & #179 - 1377 Original 1982 Receipt Books #32221 - 36450 & 3656 - 4200 & #37501 - 38403 & #2951 - 3655 Original 1982 Time sheets Original 1982 Journal Entries Original 1982 Vehicle Equipment Maintenance Records Original 1982 Ambulance Billings Reports Original 1982 Cancelled Checks & Direct Checks #11310 - 11980 (1981) & #12205 - #15237 & #6491 (1981) — 6857 (1982) & 1981 _ #102 - 1377 (1982) Original 1982 Workman's Comp. Claims Original 1982 Accident Reports Original 1982 Pay.Rate Documentation Book Original 1982 Health Insurance Book Original 1982 2. PAYROLL RECORDS Cancelled Payroll Checks #3678 - 2495 (1981) & #2626 - 6270 1981 (1982) Original 1982 Bi- weekly Payroll Registers Original 1982 Payroll Deductions Listings Original 1982 Community Profile Original 1982 Employee Benefit Report Original 1982 Maintenance Reports Original 1982 AGENDA REPORT T0: Mayor and City Council FROM: City Manager RE: REVISION OF PERSONNEL POLICIES DATE: April 12, 1989 INTRODUCTION AGENDA NUMBER 25- — -3 Action by Council sj Endorsed Modified _ R e j ecte+� Date The City Personnel Policies refer to a section of the Police Civil Service Commission Rules and Regulations which has been deleted. Therefore, the Personnel Policies need to be revised to incorporate the provisions previously included in the Civil Service Rules. BACKGROUND The City's labor agreement with the bargaining unit for police officers contains the following provision: ARTICLE B -III SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the employee shall receive one -half (1/2) of his /her accumulated sick leave upon the basis of the employee's outgoing salary. In case of death not contributable to his /her duty, payment of one -half (1/2) of employee's sick leave shall be paid to the employee's beneficiary. In case of death in the line of duty, payment of the employee's full accumulated sick leave shall be made to the employee's benef i c ary. This same provision was in the Police Civil Service Rules and Regulations in order to authorize the same severance pay to the police officers not covered by the labor agreement (i.e., sergeants, captains and chief). During the last revision of the Civil Service Rules, this provision was deleted. The City's Personnel Policies contain the following provision. 9 -3 SEVERANCE PAY A. All permanent employees who leave the employ of the City by retirement, resignation or death, shall receive pay for 100% of unused accrued vacation. Mayor and City Council REVISION OF PERSONNEL POLICIES April 12, 1989 Page Two B. Employees shall als0 receive pay for one -half (1/2) of their accumulated sick leave with a maximum allowance of 50 days pay unless they are covered by the Police Civil Service Commission rules and regulations. Employees who are members of certain bargaining units and who were hired after May 19, 1978 do not receive this type of severance pay, according to their contracts. Since the Civil Service Rules no longer contain a provision on severance pay, Section 9 -3 -B of the Personnel Policies needs to be revised to incorporate the provisions previously included in the Civil Service Rules. RECOMMENDATION It is recommended that Section 9 -3 -B of the Personnel Policies be revised to the following. B. Employees shall also receive pay for one -half (1/2) of their accumulated sick leave with a maximum of 50 days pay. Employees who are members of certain bargaining units and who were hired after May 19, 1978 do not receive this type of severance pay, according to their contracts. When a sworn police officer who is covered under the Police Civil Service rules is promoted within the Public Safety Department, said employee shall be allowed to accumulate an unlimited number of hours of sick leave and, upon retirement, shall be entitled to one -half of the accumulated amount, not to exceed 1200 hours. In case of death in the line of duty, for a sworn police officer, payment of the employee's full accumulated sick leave shall be made payable to the employee's beneficiary. ACTION REQUIRED Council approval of the Personnel Policy revision is required. MAM:kaz AGENDA NO,-4�--I-1 Action by counoli 1 AGENDA REPORT Endorsed Modified, TO: City Manager Rejected _ FROM : Date Finance Director �_ � �-, ��—�' RE: POLICY ON FILING UNPAID AMBULANCE BILLS WITH A COLLECTION AGENCY DATE: April 17, 1989 When unpaid ambulance bills are filed i n Conciliation Court, the Court filing fee of $11 -$16 is added to the claim. Approximately 72/0 of the bills filed in Court are paid but often the filing fee is not paid. Since the filing fees that are unpaid are relatively small, it is not feasible to refer these amounts to a collection agency. Also, it is not feasible to refer other bills under $30 to a collection agency as they concentrate their collection efforts on larger bills. Therefore, it is recommended that the policy be established that the balance due on ambulance bills must be a minimum of $30 before they are referred to a collection agency. DFF:Inb APR 7,1989 MEMORANDUM TO City Manager Mike McGuire Aotloia by Counoli:, FROM* Director of Emergency Management Larry J. Cude Endorsed DATE: April 6, 1989 Modified.,. RE: Donation Received for Appreciation of Services Rejected- Date- On March 20, 1989 we received a donation in the amount of $20.00 f rom Elaine Reid, check number 2337 dated March 17,, 1989.1 in appreciation of services provided by our 4X4 Unit during the snow storm on March .14, 1989. 1 am requesting council approval for this donation to be credited to our budget, account number 101-112-4120. I have attached a copy of the check and thank.you note received from Elaine Reid. Thank you, LJC,oajo attachment ' ��- rt(!(�jut� {ui }1�,11k�1 �_�N��riirL•i�'.''i��i:l ~`� - �..___:..._.:- _ � -i- -�• r T 'r. ?'• -�-x• __ -_ _ {�?^•;� • •- .. ,.. ... ,.... ._ .... .N +�i[E:.!!lIG�!�i:411}� t��G�y�f{ jGG�: itllll, w, ��+!, �' �.' �e�' rL4r+ �• �i .! /L�'.`.?'..`i?51\e11:e>,r!,!' M��t`%I 4fwi1��! �! �Gi/.�c�l.�(ie(Lri'z•'��'.��. �rMk��1�r' � `rte- •��lfe�(�1�.tle�lal�fiel ELAINE— W. OR THOMAS S. REI.o BUSINESS ACCOUNT 2337 t R- 300 -201 -572 -665 R -300-792 -777 -964 • 1 735 E. CTY. RD. B -2 484 -3024 9 ST. PAUL., MN 55117 � 22- 95/960 PAY TO THE lu ORQER OF._._.. tu i 7 i OF DOLLARS north scar �fe 6dnk 1820 north 19xinQlon avenue • r039vil1e• minn9solm 5511.3 (6121489-8811 member FDIC MCMO • I �:0 9 6000 9 5 91: 4 • f �• 68 236 2337 ti �"a�- ,llitSt:!:•Jd'+Il! // .:......: U11t4'+33�..+l�+Jf ?1!i �''��n� ---' r ...._ ...---- -.__._- _ • �.,:.... 1111t'w'+Yr�'l!llU.... �1111�.f/Lt.�li'llT,,.::._ tll@SLSY1�4Y1I7IIt': -RV _:,►, yltll{ A! A? dt�AA/ I?/^: ir. a" ttZI_.__:.. J7% Ir' n..'•�'�r'�i'�llltlSiK�1U�!:•!T , '� ro� /�►n8- 'Mr;�" qtr- .. r r�'!+t11�!s��ua171!! r'�....,►..SllW�b7��11!%/::,s v;T+r,i�llLR1dllT�7l7 %/''�� SAfErY PAPfII I f :a Humpback whale and calf, I�-lawa.ii by 13i1t Curtsin Ter df, g 1 et c 4"� c -j--�- �%�61,z..� t l 11 • Fj' !'' • +'" , ��/ l l/' �'•'�•'i.i-'/ �' (,,I�,. J'iJ.��/ WV'r'%.'�"6,,,Gr"'�':r• '�,;1 e' �"' `•� 4•'\i" ......•r •�/l.:/` ` �a ? �� I� � �r�' ��}' � 1` � I / '✓Yr� '� � •r{/� �f•i/�►�- �• ire M 1�� .� M^��j� ,: i�i�`� � <� -!(,.- ••��.�- Z'l..• r.:'t.,: ".,,� L� ��., . �,c,_ tom. N't... ��- -� `J '�� - � -' �/ L � �� • . ingO eau is a � joy orever, �•a ' £..�: K EATS .�/�h ->�- •' }-y am ..C:s ~,t,,i %�... "G'" �•,� --7701 , Gv V / f C,��C'1'•' C.�.,c.. '�-�...�- ! }'"%'Z -C./ � v� /°} —yz.�' �•Cc,�-(/ L�- �C /(.� Cl1YZ.✓� ��f • 1, � A t 1 � r ��.0 1 lift- �'� =-`YZi .��t :.�C. �c -L{„�� ,�� -f L,,' • " ✓' �-V _ "1'�� "' .•.i..'•' .{../ �1..�...� ""~ C�..��j�f.,1„�/+� .� /, �r:•�.�../V• R -Cr�G• Q�'j/ t.� I -Z� : Z�-�✓ • . i.• � f-9, 6 a e. MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Time Extension APPLICANT/OWNER: Ed Caveand Sons, Inc. PROJECT: Cave's Century 5th Addition DATE: April 3, 1989 INTRODUCTION ~�* � Action by Council: Modifi Rejected _ '-- The applicant is requesting a time extension for the Cave's Century Addition preliminary plat. (Refer to the attachments.) BACKGROUND On April 27, 1987, the City Council approved the preliminary' plat for Cave's Century Fifth Addition, subject to conditions. On Apr il 25, 1988, Council renewed this preliminary plat for one year ` PLANNING Section 30-5 (e) of the subdivision code provides that for one ye following preliminary approval and for two years following final plat approval "unless the subdivider and the City agree otherwise, no amendment to the comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the City may extend the_2eriod by agreement with the subdivider and subject to all aool1cable oerformance conditions and reguirements." DISCUSSION There have not been any changes to code or the surrounding lan d that warrant denial or revision of thepreviouS conditions of approval. RECOMMENDATION Approve a one year time extension for Cave's Century 5th Addition preliminary plat subject to the original conditions. Jl Attachments 1. Location Map 2. Preliminary Plat 3. Applicant's letter dated March 12, 1989 Cave5ext vv / ST 28 a Cr a W M W 3 j NORTH SAINT PAUL T29NI R22W. 1413 25124 a J�e�sver .'� Qke / W Q J x CASE AV A�� PJ I ll.'Np' 32 32 a x � �P Lv F� ii t� 31 � �i i- LOCATION MAP ' r �1 FI k t� 2 Attachment 1 � i2o w ,j Cl) 0 / MICHA EL OR 2 REBECCA DR 3 PINE TREE DR 4 BIRCHVI,EW OR 5 PINE rREEDR 6 BIRCH TREE DR T ROLLING HILLS DR 4 N PREUMNARY PLAT Attachment 2 4 N Va 1 4 09 ,�..... ED CAVE & SONS, INC. GENERAL CONTRACTORS ' 2301 WOODBRIDGE ST. -. SUITE 202 ROSEVILLE, MINNESOTA 55113 SAM CAVE, PRESIDENT March 12, 1989 Mr..Thomas Ekstrand City of Maplewood 1830 E. County Road B maplewood, Mn 55109 SUBJECT: Time Extension Caves Century 5th Addition Dear Mr. Johnson : 0 111CAVE NEW HOMES LAND DEVELOPMENT RENOVATION COMMERCIAL 482 -9667 Please ask the City Council to extend the approval of the subject Plat for another year. The market for townhouses has been. weak, so we have delayed construction on this plat, zinc re ly Yours . s r � Samuel S. Cave President Ea Cave & Sons, Inc C, 4 Attachment 3 2. Ariel Street Assessments Project 88- 11 There is no Agenda report for this item. Action by coun,011% Endorsed...... Modified....... Re j e c t e Date........ AGENDA NUMBER AGENDA REPORT T0: Mayor and City Council FROM* City Manager RE: PRELIMINARY DESIGN FOR CITY HALL EXPANSION DATE: April 17, 1989 JV / Action Council Please find attached the preliminary design for the City Hall expansion, reconfiguration and improvements from T.K.D.A. They will be present at the Thursday night meeting to answer any questions. MAM : kaz C2 • Action by Council:, AGENDA ITEM AGENDA REPORT En.dorsed "r.o M City Manager Modifiaci.,,, Rejecter FROM: Assistant City Engineer D. e -- -- SUBJECT: Upper Afton Roads McKnight to Century, Project ect 86---0-7 Order Feasibility Study DATE: April 17, 1999 i On April 12, 19897 a meeting was held with the residents of Upper Afton Road.. The p Urp oee of the meeting was to obtain a c can s en S .5 c.a + opinion r�� a �,� �� r� t�f :i. i, .j �� the design f o r r e c o n s t r^ u c t o n of Upper A f •t o r ' Road. The 13 participants did express reasonable agreement of what the design shOUld entail many of their regUested changes can be accommodated. It is reasonable to order the preparat i on , o+ a new +eas i b i l i t y Study that incorporates the opinions and concerns ex,pressed ex t the April 12, 1989 meeting. It is estimated that a new +eae i b i 1 i ty StUdy w i l l have a total cost of si i r'00 , A 7 rKe of Ut i on to order the preparation of a new f eas i b i l i ty t�.�.�d }� is attaci -ied a AI jc Attachment , a RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUE1 Y WHEREAS, it is proposed t o reconstruct tipper Afton Road from Mc��::n h•�: ��o� d -to Century AvenLce and to assess the bene•f i ted property for ��I 1 or a portion of the cost of t1' ��1 �.�npr~ovF��Y�E:�ri'l:, y pursuant to Minnesota StatLttes , Chapter, 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF . MAPLEWOOD, MINNESOTA: That the proposed improvement be referred er~red to the city engineer for• StUdy and that he is instructed to report to the council with all1convenient.speed advising the council in is preliminary y way as to whether the proposed improvement is f ea ibi a and as to whether it should best be made as proposed or in connect icon with some other improvement, and the estimated co�.•� of the -improvement. as recommended. }} i AGENDA REPORT Action by Council "r" o u t: :i. -L y 11 1-1 Ei i- Endorse Modified F FIoM PUb 1 i C Works D i rec t or Rejecters - .... Date SUBJECT: B i rm i t °) 9h et S t r e et , R i p 1 e y SUmRier rr -, t t i nag c. DATE a Apr-i1 17, 19 9 Attached is a 1 etter f rom Gary : :aetner, appeal i nci the card' it ions of a building permit. The 1 ote i n gUeet i on are the 1 ow p o :i nt i r i an area not. served by storm sewer (See rnap) Tn e 1 of s trad :i. t i oi•ia1 1 y are flooded in the spring and of -Ler r % ' inf a l 1 e each y e z t r. n A few years ago, the street d i v i s i c_- n t 1 1 ed -i "dry vic-1 1 '� type catch basin in 8M E -OL- -t� erupt to a. fT1pr^ov�: t! -i itUation a In of f et , a 1 arge hot e i s f i 1 1 ed with r(:)ck with a grate on top u T Vi :i p r o v i d e e a w a y f o r� n o r% e v%l a t e r •t:. o c: :t a i:: i n t • oa R Mmp � n �� has begin .1 � rn i � ed p t r r� �r A bU i 1 d i ll g F)E�r•,m i t r.: oc_r 1 d only be i eS ued if a storm sewer was available to remove the. wat ern from this 1 oe a 1 i z ed wat east, ed w A home built on the property withOUt a storm sewer wOU1 d be �Ub,je( --L 't o periodic f 1 ood i n g and the yard would be very d i f f i e U l t to main•t. in N 1: �t» i e r- %ecommended that no b�.ii 1 d i ng on th i prop �r~ty be �1 1 owed withOLlt a storm sewer being eonstrUcted . k.'GH Jo Attachment 1 Z- rte% ..OIL S Iq �� ► % "al big, C..0,,, '1. 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I ,,-$, I I , I " , I , , .10 , , . I I,. . OL . L I '* L - I 1,4 ' L; ; ,;� . � � �., I 1. i4 t 14 - ,,L� &17 , 11*1 % . " �p 11 - . , . . � - . ` � 1, I ,,, � . �rr� '. � r - . ,,-; � ; .L , ... 11 . I . . . . . . �A" . . I" . . ... � .... . � . . ,.. � ,.. ,.. * ,.. . - I � �, �: .. ��+�w "�, " .-Il 'PIk',, I �, .1 - .. — I . I � , � J� . .� I , I . — - i , , ... , . �. �* I 11 . . 1. �q 1!1 .i I'l ., __ 74.�! .' 'L L 14��! ., 19r. , ; � :� . , - L. e M '4..�! .' '� � , " ,"l � -�L , � ", , !I , .... � . , .1 � ", , L.��' _ - " 11 L ,4 .. � - 4! �t , . 4 .1 � .1 , I � z � :; , I A.3 , � hf .1 ." .. L;t r- AGENDA REPORT .lotion by Council ,I "r" 0. t ":. �i� 1�'i �::� r rt c:. Endorsed. � ' :ti Modifie FR 0 M p f` Ub I i C W o r k s Director R e j e o t e d.,,,.,,.,�,,,,„. Date UB JECT n er w=i i s Avenc"te -- No Parking. LIATE: April .9 Attached are thr-ref� l etter& concerning parking on English st -- r et and Gervais AvenUe north of T.H. 3b , There is �ppa rent'l y SOr IC , man Uv rinq proh1 eivfs at Eng1 ish and Gervais f or the I arg !r-% .trUct c, t..t't i'l i z i nq .L -1..7 iiic? - : c a 1 -F 1vJayf 1 ower^ f etc i I i t y 0n t h d E-3er9 o r s e t 1--i s-ii p I c::..lyee s mUSt p ar -k. on -t h e s r e e t c� :i n c e on ss i -: I t. is recommended that no parking he allowed within f eE?t of tho center of the intersection of English and Ge}rva i s , KUM is Attachments �ren KF etcal f President AAWro P.S. The cost to build this road was very high rind I don't feel as though the land owners should have to pay for parking space for other ccmi pan i. es . METCALF- MAYFLOWER, 1255 East Highway 36 / St. Paul, Minnesota 55109 ! 612- 484 -0211 • J. V J V Fie \.. V U 11 L. Y n V Ci U 'D Maplewood, MN 55109 Dear Mr, . McGuire , I am responding to a letter we recently received from Allen Metcalf, of Metcalf- Mayflower, 1255 East Highway 36, regarding their request to have the. Village of Maplewood place a parking ban on English and /or Gervais streets because of alleged maneuvering problems with their large vans. Before the city makes any ruling on this request, I would k �. appreciate it if Berg- Torseth can be involved in discussions i leading to the decision, for the following. reasons 1. We are presently leasing our building and therefore do not wish to consider any land purchase for. parking at this time.. f 2 The streets provide; .our _only off-premises parking with the ( exception of ace currently provided b Metcalf, which P � Y P Y they have graciously allowed us to use over the past few years. 30 If we are denied access to street ••parking , the assessment t imposed by Metcalf will create a f i.,nanc ial reduction f or our employees. 4. There have not been, to our knowledge, any problems with semi traffic over the years . it is- our hope, that if restrictions are imposed, they can be confined to turning areas (corners) only, and not straight cur s des which are adequate for traffic and parking. q P g- Carle ton ' C e ng Plant Mana cc: John Schulte, President _. ;. ,.i �� • '� Y._ ...t. S yf-:C Jt ;i tii':i.., 7`54. -.,{ r•.,,,,,r. .'w,� '•S.t'.,,F �. iy r. t .7. ,. - f, i7_. ,.. .3;..r7S .►, t,l•; .k L� ». _.+►� ny . .` rryd. '} �, -0f!f{C �,n '•W:.ik " "'V „, `�.. � ",�. �.,y. :r - •� .� i:' ..r r { • <x,+;r .. '.. �..� '9"i'° - a x, � t:' `c i':r .',• .� . it 3 ;rK ''1� 1 Tt6'4” .A -Y' Q'. t "- ._�t:'. •,�;. R '•C 4" r qtr' qt . .,k,. r >•: {• ,'�.. r r' � .i:....r �#. a- °a �. •r^ .r. .. �r• , ati7'x•• �jk: ' ±^`i: *V �f.1 r., ,►!. +i .1,� ' ;i' i' �G8 • :.x,. . ert . •. '+i 5 t.. �'`t+.o.• 'r�"' ii.i �.kt :.- x,` .?- ,;.•air'. yr" � :4-. K ,•., t. f. ., :,>' .{: C. ��fi ": ♦ '4 -f<' �+Jy� K.. at .• ..L ,a•'.. •'�'a :rr' .+C•: t,._ p.: r ii ,t,�.a��, , L. ! "? '�x.. ;.r `5r -x! ... r �. fa^ .:.. ��' x•�`+T ,a info s :`�r.twb �wtt * P - ., "''d. .`r .. . •u V ��,`•.. . `,. T.M4 prtM• '�!' y_ :� .S 'f,.�yh. .!F .,+Rk. �+in _ }t, .� +:1�'.^t. .'.4 h, ��w+P yy•2•!: a'°K s rti-. .+i{ �JY� � .. °62 > yet .,?•" . � i �'° S:. W' '.'�Y �:nf k. ,�... 5'. �:: � 'n .. �' i. s �' +'`�i` : f _ , H f.. ' -Jr. �l'! Y �r .. 5� 5��.�.� i �� Y� . �; '. -•rx - .. �:. Kt �.' Y• l'f!v" ..A'.'� [ I.�. i f(- �.. '�i "�t. � � � •y I':. .. .i1M . �' LR •.r`.. .. .t .°`. � +ti a 4 t"'S1i.., v3'•+ 'I 'r".�+,;�. ^p�f� ° L"; /�M''`r: :r�".�y�r1M�. �.�'J.ti ?.5.. �•< ' Y" ;ri '. sr. • .ti.�, ,.' �t`�F�19` � :fie !1 .v. 0 ,. .,, - . , -.' ,,. r -:.R -, f^ .. - r 1.?�y. •+i, l ji''rt' ' � 111. L` +i: 11� ±�+ �^ f ,r. i�, i•:. Y - !, a;S � , � i >r+��.,�'� :.'� .'"'fie. _�;. ' .i!f!7!'r : r -•� 1�- i'.t ..3• t. •- e { :1 1 5!• 1�. 1 � fit+ > 4�. r ,,�>{�..y5 �1 ��` "� . ,;+%S ,e� rt1�„�'• ' �i<: }�,�j�..M > .' ^it ,i!rvt h'' j .a.. �� . �+ 9 t t ,... ,,.t � r R: .,w;ry.::.'4i '!'f'.,t �a... ..34 r t:', ��'i ia«- q�?�`'y.'�,t.4• .qg,a " r �q}�ry,,��;y�t5 _ .. . 7 7�i•..,, �� '�{M� ..,!:.,R �> ,yy.°,A•. . • on V AAM✓ro METCALF-MAYFLOWER, 1255 East Highway 36 S(. Paul, Minnesota 55109 612-484-0211 TO: FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT TITLE: rATE: INTRODUCTION MEMORANDUM City Manager 4 Thomas Ekstrand, Associate Planner APPEAL OF DESIGN REVIEW BOARD MOTION 2525 White Bear Avenue Curt Johnson Properties, Inc. Maplewood Auto Center April 13, 19e9 SUMMARY Aotion �� -~ uouncil,.1,, Date The applicant is appealing the Community Design Review Board's March 28, 1989 denial of their request to be allowed left -turn exits onto White Bear Avenue. The original condition, from the Review Board's March 22, 1988 approval of this project, prohibited left-turn exits. Refer to the applicant's letter on page 5. DISCUSSION To understand the City Council's desires concerning exiting onto White Bear Avenue, Staff listened to the July 22, 1985 tape of the Council's approval of Rainbow Foods and the Mapleridge Shopping Center. Although the minutes of this approval do not reqUire it, Council had intended to prohibit left turns onto White Bear Avenue from the Mapleridge center only; not from the autq mall site to the north. The actual motion, however, required that both exits be restricted to right-turn exits only. Council intended to prohibit left-turn exits from the Rainbow Foods/Mapleridge site, because of its proximity to nearby Gervais Avenue. In their discussion, Council told the applicant that it was not their intention to prohibit left-turn exits from the future auto mall site onto White Bear Avenue. Also, the Board did not restrict left turns for the Bachman's site across the street. RECOMMENDATION Amendment of the Community Design Review Board's March 22, 1988, approval of the Maplewood Auto Mall at 2525 White Bear Avenue, by omitting Condition 12 which required that the exit onto White Bear Avenue be limited to right-turn only. mb/TEMAPAUT Attachments 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's letter dated April 3, 1989 � WHITE BEAR Lo isw::....:• iCv :•::•iAVillrtitiv►v3wyy.:1%'GW�' .. ..... .... •............... . W M g Z 19 M g � ►� MAki� M POND t %vooDLYMN AV " YQIA _ CTS �► 19 h 800 MAPLE VIEW AV RA6ATZ:. �V :a s I (OSSAB/ AV) OMLMAN AV KOMLMAJ AY Y NORTH - LOCATION MAP ' z Attachment-1 4 N 3 W �� 0 CO 23 i _ S' ^ Z T29N�R 22W 3 2 w 3 .s If E HILL 10 Ito Q W OE MOONT AV AV AJr T AV o a GERVAIS G z AV CT u GRAIOAEW AV = VQ� VIKING DO �sn. Apt 36 SHERREN Knuckle Herod L oke Av COPE AV covEaa�N V .I AV ARK h M A N h p s" A RI !p = AND- HU 0 Z ac A W s 25 T co > Ito F- E AV R m ELORIDG All A� ( o 1 h W > ..... t RECAE.1Ty �� AV Air IL MAN AV~ R IS /y A � N 1110SEV4000 / .� R�r- a S AV Now N � J ,� 28 29 n JIM - LOCATION MAP ' z Attachment-1 4 N b • SO• jw .t� • - s ... &Sao 79 _ r• ri use (14)24 deft %A ♦�. • 60 4 ' • �� 1 (17 � 40 ss . - -r- 'is . 0. 1�w * • •. .- 22 t ,Z .. , 122-Z L42 oak '• • � C •,• • ��• s ' Z! 4 s 4-333 •s.i K� N s` C �t�� •..mss . it i 2 S f3t44T v . /9 i o • • 49 0 1 ' t t7 o • M _� dw do /*44b % A MY OF ♦ t • . � .. +..... ,• 3 2 2.324 01 �. • .. �li� • .. _ LOW, 10 c2i ' .r t� i ' ;�� ;, • ' AND ��, ., s WET ' do ova* 40 aw 4AV d? • , •� A d � ! t.i,s.... M • .. .g., •: C3� lop • ' ; CC 09 PROPERTY LINE" / ZONING MAP 3 Attachment 2 "' • • 1 • • • • • 1 1 • ti•M' T•.•!ice �• -.. _�` �_�+ ` �� TI_ •� _ 1 � r{r•Ml� /V7 NI• • � rt.:p{,ERt�C+Q b+•+C��.G GE7VTER � yf u u '0 ff T7 t SITE PLAN 4 Attachment 3 4 N APR. p 4 )989 , CURT OH SON f' PR0PERT'l ES INC.. D V E L O P M E N T D I V I S I O N Aril 3 f989 P � Mr.. Tom Ekstrand - City.of Maplewood 1830 E County Road - -B Maplewood, MN 55109. Re Left Turn Lane, Maplewood Auto Center ti _Dear Tom i Per the. Design Review Board meeting held on Tuesday, March 28, - 1989 "No action" was taken on Condition 12 regarding the "left turn lane" to White Bear Avenue.' - Due. to the nature of this issue, we understand that any action requested ma be out of the jurisdiction of the Design Review . q Y Board. Theref ore, we f ormally request an appeal - to the City r Council. Please let me know your comments. Sincerely, all Christine A. McGrath Vice President of Development CAM � �_ - 5 -r Attachment 4 .10560 Wayzata Blvd. Minnetonka, MN 55343 ' (612) 593 -5080 FAX 612 -593 -0156 056 y _ _ . Member of naiop 1 International Council of Shopping Centers; National Association of Industrial and Office Parks H .. 6 Material for this Item will be available on Thursday, April 20. Action by .`E."°`,"~=U". ~nd"r�i�� se"~��~�~�=� T[�x Director of Community Development Mo =u��~�~�' FROM: Environmental Health Official Rejeote SUBJECT: Hazardous Waste Col. I ection Day Date DATE: April 17, 1989 INTRODUCTION The Ramsey County Health Department has made a request for Maplewood to sponsor a hazardous waste collection day at our public works garage this September" The collection point is to serve Maplewood, North St. Paul, and Vadnais Heights. We would need the use of part of our City garage and adjoining parking lot for a Saturday in late September. It will cost each of the three cities approximately $350 for the disposal of nonhazardous items Such as empty paint cans. We will need about 20 volunteers to operate the site. Ra msey County w ill b e respons ibl e f or th e cos t of di spos i ng o f the hazardous waste. They will contract with a hazardous waste ditposal company^ to process and dispose of all hazardous waste collected at the site. The company will be packaging the waste during the day, so by the end of the day the garage area should be back to normal. If the City chooses not to sponsor a site, we should at least be a part of the operation if North St~ Paul or Vadnais Heights ` volunteers a site. RECOMMENDAT ION 1. Volunteer to sponsor a hazardous waste collection day at the Maplewood Public Works garage in September. 2. Aoprove a budget transfer of $350 from the contingency account to finance the disposal of nonhazardous items. LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE (612) 291 -1215 TELECOPIER (612) 222-4071 INCLUDING THE FORMER FIRM OF LEVITT, PALMER, BOWEN, ROTMAN & SHARE April 17, 1989 VIA MESSENGER Mr. Geoff Olson City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Cottages of Maplewood Project Dear Mr. Olson: Action by CounclI V Endorsed Modified Rc j ected Date Attached are two resolutions relating o Maplewood project, g the Cottages of The first resolution grants final approval pp al to the (I) Multifamily Housing Revenue Bonds, Series 1989 (Cottages of Maplewood Project - FHA Insured Mortgage Loan) (the "Bonds" � t documents relating ► (Ii) approves certain ng to the issuance of the Bonds and (iii) a a Development Agreement with Cottages of Maplewood - ) pproves Limited Partnership relating to the tax increment financing g component °of the Cottages of Maplewood project. The second resolution (i) authorizes the Housing Revenue Note (Cottages a Issuance of a Multifamily the form g of Maplewood Project) and approves and details thereof and (ii) approves the • the execution of certain re pP form and authorizes related documents in connection with the issuance of the Note. Prior to the council meeting on Thursday, I will forward to you final copies e attached resolutions. Very truly yours, Mary L. Ippel' MLI : mg En c . 2270 MN WORLD TIRADE CENTER 2200 FIRST NATIONAL BANH BUILDING SAINT PAUL, MINNESOTA 55101 2400 IDS CENTER SAINT PAUL, MINNESOTA 65101 M, MINNESOTA 55402 (012) 291 -1215 (612) 291 -1215 INNEAPOLIS (612) 339-0661 591A NOTE RESOLUTION CITY OF MAPLEWOOD $264,000 MULTIFAMILY HOUSING REVENUE NOTE, SERIES 19$9 (COTTAGES OF MAPLEWOOD PROJECT) ADOPTED: April 20, 1989 NOTE RESOLUTION (This Table of Contents is not a part of this Resolution, but is included for convenience only) TABLE OF CONTENTS ARTICLE THREE - GENERAL COVENANTS .................... 20 Section 3 -1. Payment of Principal and Interest......................... 20 Section 3 -2. Performance of and Authority forCovenants .................... 20 Section 3 -3. Enforcement and Performance of Covenants........................ 20 Section 3 -4. Nature of Security ............... 21 Section 3 -5. Preservation of Tax Exempt Status of the N o t e . . . . . . . . . . . . . . . . . . . . . 21 Page ARTICLE ONE - DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS ..... ............................... 1 Section 1 -1. Definitions ...................... 1 Section 1--2. Legal Authorization .............. 4 Section 1 -3. Findings ......................... 4 Section 1 -4. Authorization and Ratification ofProject ....................... 6 ARTICLE TWO - NOTE .... ............................... 7 .Section 2 -1. Authorized Amount and Form ofNote . ......................... 7 Section 2 -2. The Initial Note ................. 16 Section 2 -3. Execution ........................ 16 Section 2 -4. Delivery of Initial Note......... 16 Section 2 -5. Disposition of Note Proceeds..... 17 Section 2 -6. Registration of Transfer......... 17 Section 2 -7. Mutilated, Lost or Destroyed Note... ......................... 18 Section 2 -8. Ownership of Note ................ 18 Section 2 -9. Limitation on Note Transfers..... 19 Section 2 -10 Issuance of New Notes............ 19 ARTICLE THREE - GENERAL COVENANTS .................... 20 Section 3 -1. Payment of Principal and Interest......................... 20 Section 3 -2. Performance of and Authority forCovenants .................... 20 Section 3 -3. Enforcement and Performance of Covenants........................ 20 Section 3 -4. Nature of Security ............... 21 Section 3 -5. Preservation of Tax Exempt Status of the N o t e . . . . . . . . . . . . . . . . . . . . . 21 Page ARTICLE FOUR - MISCELLANEOUS......................... 23 Section 4 -1. Severability ..................... 23 Section 4 -2. Authentication of Transcript..... 23 Section 4 -3. Registration of Resolution....... 23 Section 4 -4. Authorization to Execute Agreements....................... 23 S I G NAT U R E S . . - . . . . . . . . . . . . . . . . . .. . . . - . . . . . • . . . . . . . . . . . . . . 2 4 NOTE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement, unless the context or use thereof indicates another or different meaning or intent. Act: the relevant provisions of Minnesota Statutes, Chapters 462A, 462C and 475, as amended; Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; Bond Loan Agreement: the loan agreement dated as of May.l, 1989, executed by and between the City and the Company pursuant to which the City loans the proceeds of the Bonds to the Company to finance a portion of the Project Costs; Bonds: the $2,230,000 Multifamily Housing Revenue Bonds, Series 1989 (Cottages of Maplewood Project - FHA Insured Mortgage Loan) issued by the City pursuant to the Indenture; City: the City of Maplewood, Minnesota, its successors and assigns; Code or Internal Revenue Code: the Internal Revenue Code of 1986, as amended; Company: Cottages of Maplewood Limited Partnership, a Minnesota limited partnership, its successors and assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; Construction Fund: the fund established by the City pursuant to this Resolution and. into which the proceeds of the Note will be deposited; Credit: collectively, the Initial Credit issued by Mid America and any Replacement Credit; Credit Agreement: the agreement of even date herewith, by and between the Company and the Lender, setting forth the terms under which the Lender may draw on a Credit; Declaration: the Declaration of Restrictive Covenants dated as of May 1, 1989, executed by the Company and recorded against the Project Premises; Disbursing Agreement: the agreement to be executed by the City, the Company and Title, relating to the disbursement of the proceeds of the Note from the Construction Fund to pay or reimburse the Company for the costs of the construction and installation of the Project; Final Maturity Date: May 1, 1999 or such earlier date on which the entire Principal Balance of the Note, the accrued interest thereon and any premium are fully paid and discharged; Indenture: the Indenture of Trust dated as of May 1, 1989 between the City and American National Bank and Trust Company, in St. Paul, Minnesota pursuant to which the Bonds are issued; Initial Credit: the irrevocable standby letter of credit issued by Mid America; Lender: Minnesota, its successors and assigns; , in , Mid America: Mid America Bank Maplewood, a state banking corporation, organized under the laws of the State of Minnesota; Note: the $264,000 Multifamily Housing Revenue Note, Series 1989 (Cottages of Maplewood Project), to be issued by the City pursuant to this Resolution; Note Loan Agreement: the agreement to be executed by the City and'the Company, providing for the issuance of the Note and the loan of the proceeds thereof to the Company, including any amendments or supplements thereto made in accordance with its provisions; K Note Register: the records kept by the City Manager to provide for the registration of transfer of owners hip of the Note; Plans and Specifications: the plans and specifications for the construction and installation of the Project, together with such modifications thereof and additions thereto as are reasonably determined by the Company to be necessary or desirable for the completion of the Project; Pledge Agreement: the agreement to be executed by the City in favor of the Lender pledging and assigning its interests in the Loan Agreement to the Lender; Principal Balance: so much of the principal sum on the Note as remains unpaid at any time; Project: that certain 59 unit rental apartment facility and related improvements and equipment (including Project Equipment) which are required by the Loan Agreement and the Disbursing Agreement to be constructed and installed on the Project Premises, together with all additions to, replacements of, and substitutions for, any of the foregoing which may be made as permitted; Project Equipment: any and all (i) fixtures or tangible personal property now or hereafter attached or affixed to the Project Premises, but specifically excluding any trade fix- tures owned by tenants, if any, (ii) other tangible personal property now or hereafter located within or used in connection with the Project and acquired, in whole or part, from Note proceeds (which items are generally described in Exhibit B attached to the Loan Agreement), and (iii) any additions to, replacements of and substitutions for any of the foregoing which may be permitted or required by the Loan Agreement; Project Premises: the real property and any other easements and rights described in Exhibit A attached to the Loan Agreement; Replacement Credit: a letter of credit provided by the Company pursuant to Section 4.07 of the Loan Agreement to replace or supplement a prior Credit; Resolution: this Resolution of the City adopted April 20, 1989, together with any supplement or amendment thereto; 3 Title: Commonwealth Land Title Insurance Company; All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1 -2. Legal Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act, to initiate the Project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) the City is authorized by Minnesota Statutes, Chapter 462C, as amended, to issue its revenue note to finance, in whole or in part, the costs of a multifamily rental housing development (the "Project ") for the public purposes expressed in the Act; (2) the Issuer has made the necessary arrangements with Cottages of Maplewood Limited Partnership, a Minnesota limited partnership (the "Company "), for the acquisition, installation, and construction of the Project, which will be of the character and accomplish the purposes provided by the Act; (3) the Issuer has agreed to issue its $2,230,000 Multifamily Housing Revenue Bonds, Series 1989 (Cottages of Maplewood Project - FHA Insured Mortgage Loan) (the "Bonds ") and loan the proceeds thereto to the Company pursuant to the terms of a loan agreement dated as of May 1, 1989 between the City and the Company (the "Bond Loan Agreement ") to finance a portion of the costs of the acquisition, construction and equipping of the Project; (4) the Issuer has also agreed to agreement with the Company (in the form as Hereinafter defined) which provides 4 enter into a revenue of the Loan Agreement for the Issuer to finance a portion of the costs of the acquisition, construction and equipping of the pro. -(the "Loan" to the sect by making a loan • ) Company to be funded through of a Multifamily Housing ugh the issuance of a y. g Revenue Note, Series 1989 (Cottages plewood Project), in the a $264,000 (the "Note"); aggregate principal amount of (5) the amount estimated to be ject including necessary to finance the costs of the Pro 7 uding the costs and estimated cos permitted by Section 469.157 of is the Act, in addition to the issuance of the Bonds and other moneys to be contributed by the Company, will require the issuance of the Note in the principal amount of $264,000 as hereinafter erelnafter provided; (6) it is desirable, feasible a and consistent with the objects and purposes of the Act to issue the Note for purpose of financing a portion of � the p the costs of the Project; (7) under the terms of the Loan Agreement, the Company ent of p �' has agreed to the repayment the sums borrowed pursuant (8) in connection with the issuance Bonds, the Company will of the Note and the date p y enter into a Regulator Agreement d a s o f May 1, 1989 with the Issuer Y g t suer and Bond Trustee (the "Regulatory agreement" Restr' � � and will execute a Declaration of .ict.ive Covenants dated as of May 1 "Declaration relatin Y 1989 (the g to compliance with certain state and local requirements a ain federal, applicable to the Project; (9) to provide additional security for the repayment of the Note, Mid America Bank Maplewood, a state banking corporation, organized under the law Minnesota, has agreed s of the State of eed to issue its Irrevocable Standby of Cr "Initial Let Credit (the Initial Credit" to Y ter principal an ) secure the payment of the p d interest on the Note; and (10) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and .neither the full faith and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon. 61 1 -4. Authorization and Ratification of Project. The city has heretofore and does hereby authorize the Company, in accordance with the provisions of the Act and subject to, among other things, the terms and conditions set forth in the Disbursing Agreement, to provide for the construction and installation of the Project pursuant to the Plans and Specifications by such means as shall be available to the Company and in the manner determined by the Company, and without advertisement forbids as may be required for the construction and acquisition of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Company consistent with and in anticipation of such authority and in compliance with the Plans and Specifications, 0 ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that-may be outstanding hereunder is expressly limited to $264,000, unless a duplicate Note is issued pursuant to Section 2 -7. The Note shall be in substantially the following form: 7 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Multifamily Housing Revenue Note, Series 1989 (Cottages of Maplewood Project) S FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota, (the "City ") hereby promises to pay , in , Minnesota, its successors or registered assigns (the "Lender "), from the source and in the manner hereinafter provided, the principal sum of AND /100 DOLLARS ($ ), or so much thereof as remains unpaid from time to time (the "Principal Balance "), with interest thereon at the rate of percent ( per annum, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. The principal of and interest on this Note shall accrue and be payable as follows (a) Interest. Interest on the Principal Balance of this Note shall accrue from and after the date of this Note and shall be payable on February 1, May 1, August 1 and November 1 of each year, (each an "Interest Payment Date "), commencing on August 1, 1989. (b) Principal. Installments of the Principal Balance of the Note shall mature on May 1, in the years and amounts set forth below: 100 Payment Date Amount 1994 $ 1995 1996 1997 1998 1999 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or service charge, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360 day year, but charged for the actual number of days elapsed in a 365 day year. 3. Principal and interest and premium, if any, or any service charge due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. 4. This Note is issued by the City to provide funds to be loaned to the Company pursuant to a Loan Agreement dated as of May 1, 1989, by and between the City and Cottages of Maplewood Limited Partnership, a Minnesota limited partnership (the "Company ") to assist in the financing of a rental housing project. Use and operation of the Project will be subject to certain requirements and tax covenants contained in a Regula- tory Agreement dated as of May 1, 1989, by and between, among others, the City and the Company (the "Regulatory Agreement ") and a Declaration of Restrictive Covenants dated as of May 1, 1989, executed by the Company (the "Declaration "), which will be recorded as covenants running with the land and requiring compliance with federal and state requirements similar to those contained in the Regulatory Agreement, This Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly, Minnesota Statutes, Chapter 462C, and pursuant to a resolution of the City Council duly adopted on April 20, 1989 (the "Resolution ") . 5. Capitalized terms used herein shall have the following meanings and if not defined herein shall have the .same meaning given them in the Note Resolution or Loan Agreement: A►. "Bank" means Town and Co Maplewood., in Ma lewo entry State Bank of Maplewood, Minnesota or an subsequent y, providing a Replacement Y q ent entit Credit; Be "Credit" means the Replacement Initial Credit and any Credit; C• "Credit Agreement" means the agreement by and between the Lender and the Company, pursuant to ' terms under which the Lender wh forth; may draw on a Cre ich the dit are set D• "Initial Credit,, means • letter of credit the irrevocable standby issued by Town and Country ' Y to the Note in an .amount equal Y ith respect outstanding al to the sum of (i) the g pr.inc ipa 1 amount o f • days interest thereon; the Note,and (11) 195 E• "Replacement Credit" me issued to replace an means a letter of credit P existing Credit; and F. "Town and Country" Y means Town and Country State Bank of Maplewood, d, a Minnesota state banking g corporation; 6• This Note is secured b even date herewith b the Y a Pledge Agreement of .Agreement" Y e City to the Lender (the "Pie and by the Initia � "Pledge Bank Maplewood, l Credit issued by Mid Amer' • p od, which expires on America is required, in accordance with The Company the Initial Credit the Loan Agreement, to Provide it or a Replacement Credit P de Maturity Date of the Note in , until the Final the outstanding Principal an amount equal to the sum of (i) g• ipal Balance of the Not (ii) least 195 days interest t e, and at Replacement hereon. The Initial Credit P nt Credit may be replaced u or any conditions therefor P upon satisfaction of the e stated in the Loan Agreement. may draw on the Initial Credit The Lender the terms set forth i or any Replacement Credit u on n the Credit Agreement date p 1989, executed by the Com d as of May 1, Company in favor of the Lender the "Credit Agreement "). The r ( placed in the Construction proceeds of the Note are to be n Fund established u ' p rsuant to the Resolution and the Disbursing Agreement (hereinafter referred to), and the disbursement o d the Construction f the proceeds o f this Note uction Fund is subject to from ofof a Disbursing re � the terms and conditions g g ement of even date herewith Y. the Company and Commonweal among the Company (the "D• th Land Title Insurance "Disbursing Agreementit), 10 7 . The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent permitted by law, the Lender may extend interest and /or principal of or any service charge or premium due on this Note, including the Final Maturity Date, all without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the federal income tax. In no event, however, may the Fina.i Maturity Date be extended beyond thirty (30) years from the date hereof. 8. This Note may not be prepaid prior to May 1, 1993. Beginning on May 1, 1993, this Note may :b*,e prepaid in whole, but not in part, on May 1, 1993 upon payment of a premium of two percent (2%). The premium for prepayment shall decrease one percent (1%) on each May 1 thereafter. Beginning with May 1, 1995, this Note may be prepaid in whole but not in part, without premium. 9. This Note is also subject to prepayment, without premium, to the extent that there are any surplus sums held in the Construction Fund as provided under Section-.6 of the Disbursing Agreement. 10. In the event of prepayment of this Note, the Lender shall apply any such prepayment against the applicable prepayment premium, if any, then against the accrued interest on the Principal Balance and finally against the final principal amounts due under the Note. The monthly payments due under paragraph 1 hereof, shall continue to be due and payable in full until the entire Principal Balance and accrued interest on this Note have been paid regardless of any partial prepayment made hereunder. 11. As provided in the Resolution and subject to certain limitations set forth therein, this Note is only transferable upon the books of the City at the office of the Manager, by the Lender in person or by his agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the Manager, duly executed b the Lender or i Y its duly authorized agent. Upon such transfer the Manager will note the date of registration and the name and address of the new registered Owner in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner 11 hereof, whether or not overdue, for the purpose of receiving payment of or on the account, of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 12. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Loan Agreement, the Pledge Agreement, the Credit Agreement, the Regulatory Agreement, the Declaration and the Disbursing Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 13. This Note and interest thereon and any service charge or premium due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement and Credit Agreement, and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 14. It is agreed that time is of the essence of this Note. If an Event of Default (as that term is defined in the Loan Agreement) shall occur, then the Lender shall have the right and option to declare, without prior notice of any kind, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Loan Agreement, the Credit Agreement and the Disbursing Agreement. Failure to 12 exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 15. The remedies of the Lender, as provided herein and in the Credit Agreement, the Loan Agreement, the Pledge Agreement and the Disbursing Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued , sin 1 g Y successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any g such right or remedy shall in no event be construed as a waiver or release thereof. 16. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies Hereunder unless such waiver is in writin g g and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 17. This Note has been issued without registration under state or federal or other securities laws, ,pursuant to an exemption for such issuance; and accordingly the Note may riot be assigned or transferred in whole or part, nor may a participation interest I in the Note be given ursuant to any y participation agreement, except in accordance with an applicable exemption from such registration requirements. 18. It is recognized that the obligations of the Company are non - recourse obligations to the extent provided in Section 6.08 of the Loan Agreement. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, h-a en and be pP performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. 13 IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor and Manager and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated May 1, 1989. Attest: Manager (SEAL) CITY OF MAPLEWOOD, MINNESOTA 14 Mayor PROVISIONS AS TO REGISTRATION The ownership of the unpaid ,Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Maplewood in the name of. the holder last noted below. Date of Name and address Registration Registered Owner 1989 15 Signature of Manager 2 -2. The Initial Note. The.Note shall be dated as of the date of delivery, shall be payable at the times and in-the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2 -3. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and Manager and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the Manager such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2 -4. Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (A) the Loan Agreement; (B) the Pledge Agreement; (C) the Initial Credit; (D) the Credit Agreement; (E) the Disbursing Agreement; (F) the Regulatory Agreement; (G) the Declaration; (21 an opinion of Counsel for the Company as prescribed by Bond Counsel; 16 (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2 -5. Disposition of Note Proceeds. (1) There is hereby established a Construction Fund to be held by Title as a separate account of the City as provided in the Disbursing Agreement. Upon delivery of the Note to Lender, the proceeds of the Note shall be credited to the Construction Fund held by Title on behalf of the City, at which time the entire principal amount of the Note shall be deemed advanced, and Title shall, on behalf of the City, disburse funds from the Construction Fund for payment of Project Costs upon receipt of such supporting documentation as Title may deem reasonably necessary, including compliance with the provisions of the Disbursing Agreement. Title or the Company shall provide the City with a full accounting of all funds disbursed for Project Costs. (2) Any surplus in the Construction Fund shall be applied towards the prepayment of the Note as provided in the Disbursing Agreement and shall not be invested to produce a yield greater than the yield on the Note, as required by Internal Revenue Service Revenue Procedure 79 -5, Revenue Procedure 81 -22 and 26 CFR 601.201 (and any subsequent amendments, modifications or replacements thereof) ; provided that, if the Lender receives an opinion of Bond Counsel that the exemption from federal income taxation of interest on the Notes will not be jeopardized, the surplus funds may be invested at a yield greater than the yield on the Note. 2 -6. Registration of Transfer. The City will cause to be kept at the office of the Manager a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written. instrument of transfer satisfactory to the Manager, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. 17 For value received hereby sells, assigns and transfers unto the within Note of the City of Maplewood, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer be made in accordance with the provisions of Section 2 -9. Dated: Registered Owner Upon such transfer the Manager shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 2 -7. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2 -8. Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. W 2 -9. Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. 2 -10. Issuance of New Notes. Subject to the provisions of Section 2 -9, the City shall, at.the request and expense of the Lender, issue a new note, in aggregate outstanding principal amount equal to that of the Note surrendered, and.of like tenor except as to principal amount and registered in the name of the Lender or such transferee as may be designated by the Lender. 19 ARTICLE THREE GENERAL COVENANTS 3 -1. Payment of Principal and Interest. The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Load Agreement, the Pledge Agreement, the Credit Agreement and the Disbursing Agreement, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Pledge Agreement, the Disbursing Agreement and the Credit Agreement; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 3 -2. Performance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note, the Loan Agreement and the Pledge Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3-3. Enforcement and Performance of Covenants, The City agrees to enforce all covenants and obligations of the Company under the Loan Agreement and Disbursing Agreement, upon request of the Lender and being indemnified to the satisfaction of the Authority for all expenses and claims arising therefrom, and to perform all 20 covenants and other provisions pertaining to the City contained in the Note, the Loan Agreement and the Disbursing Agreement, subject to the provisions of Section 3 -4, hereof. 3 -4. Nature of Security. Notwithstanding anything contained in the Note, the Credit Agreement, the Disbursing Agreement, the Loan .Agreement, the Pledge Agreement or any other document referred to in Section 2 -4 to the contrary, under the provisions of the Act, the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Pledge Agreement, the Credit Agreement, the Disbursing Agreement and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement, the Pledge Agreement and the Disbursing Agreement, shall be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. 3 -5. Preservation of Tax Exempt Status of the Note. (1) In order to preserve the tax exempt status of the Note, the City covenants that it shall take such actions as are required and within its reasonable control to prevent the interest on the Note from becoming taxable for federal income tax purposes for the owners thereof (other than any owner who is a "substantial user" or "related person thereto" within the meaning of Section 148 of the Code) including but 21 not limited to taking all actions required of it under Section 148 of the Code. To this end, the City shall: (A) cause the Company to maintain records identifying all "gross proceeds" attributable to the Note, the yield at which such gross proceeds are invested, any arbitrage profit derived therefrom, and any earnings derived from the investment of such arbitrage profit; (B) make and maintain on file all annual determinations of the amount, if any, of excess arbitrage required to be rebated to the United States; (C) rebate to the united States at least once every five years the amount, if any, which is required to be rebated to the United 'States, including the last instalment which shall be made no later than 60 days after the day on which the Note is paid in full; (D) not invest "gross proceeds" in any acquired . nonpurpose obligations so as to deflect arbitrage otherwise payable to the United States as a "prohibited payment" to a third party; (E) refrain from investing any "gross proceeds" allocable to the Note in acquired nonpurpose obligations at a yield in excess of the yield on the Note to the extent such gross proceeds exceed in any calendar year more than 150% of the debt service requirements for the Note in that calendar year; and (F) retain on file all records of the annual determination of the rebate amount until six (6) years after the retirement of the Note. 22 ARTICLE FOUR MISCELLANEOUS 4 -1. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the .remaining portions of this Resolution or any part thereof. 4 -2. Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits., including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 4 -3. Registration of Resolution. The City Manager is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Ramsey County,.and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 4 -4. Authorization to Execute Agreements. The forms of the proposed Loan Agreement, the Pledge Agreement and the Disbursing Agreement, are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, 23 deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Mayor and Manager of the City are authorized to execute the Loan Agreement, the Pledge Agreement and the Disbursing Agreement in. the name of and on behalf of the.City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the Manager such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Attest: Manager Adopted: April 20, 1989 Mayor of the City of Maplewood 24 591A Extract of Minutes of Meeting of the City Council of the City of Maplewood, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly held at the City Hall in said City on Monday, the 20th day of August, 1989, at o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY MORTGAGE REVENUE BONDS, SERIES 1989 TO FINANCE A PROJECT AND PROGRAM THEREFORE AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH (COTTAGES OF MAPLEWOOD PROJECT- - FHA INSURED MORTGAGE LOAN) The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY MORTGAGE REVENUE REFUNDING BONDS SERIES 1989 TO FINANCE A PROJECT AND PROGRAM THEREFORE AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH (COTTAGES OF MAPLEWOOD PROJECT -- FHA INSURED MORTGAGE LOAN) BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. The Council has previously received a proposal from Cottages of Maplewood Limited Partnership, a Minnesota limited partnership (the "Company ") that the City of Maplewood (the "City) undertake a multifamily housing development program to finance a portion of the costs of a certain residential rental project as herein described, pursuant to Minnesota Statutes, Chapter 462C (the "Act "), through the issuance by the City of its $2,230,000 Multifamily Housing Revenue Bonds, Series 1989 (Cottages of Maplewood Project - FHA. Insured Mortgage Loan) (the "Bonds ") and in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement" between the City and the Company, and Juran and Moody, Inc. (the "Bond Purchaser "). 2. The Company desires to construct on certain real estate owned by it and located in the City, a 59 -unit multifamily housing rental facility (the "Project ") . The Project will provide rental housing to low and moderate income persons (as described below) and to elderly persons and will otherwise further the . policies and purposes of the Act. Public hearings on the Project and the financing program therefor were duly held by the City Council on December 14, 1987 and November 14, 1988. The findings made in the Preliminary Resolution adopted by this City Council on December 14, 1987 with respect to the Project, the Bonds and the Note are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement to be dated as of May 1, 1989, 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 finance in part the costs of 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 of, 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 American National Bank and Trust Company, a national banking association located in St-Paul, Minnesota (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated as of May 1, 1989 between the City and the Trustee (the "Indenture "). -2- 4. The operation and occupancy of the Project will be subject to the terms and conditions of a Regulatory Agreement dated as of May 1, 1989, between the City, the Trustee and the Company (the "Regulatory Agreement ") and a Declaration of Restrictive Covenants (the "Declaration ") dated as of May 1, 1989, executed by the Company and recorded as covenants and restrictions running with the land on which the Project is to be located. The Bond 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 insured by the Federal Housing Administration ( "FHA") 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. 5. The City and the Company will enter into a Development Agreement dated as of April 1, 1989 (the "Development Agreement ") relating to certain tax increment financing assistance to be granted by the City to the Project. 6. This Council, by action taken on December 14, 1987, gave preliminary approval (the "Preliminary Resolution ") to the proposal for the Project and the financing program therefor. The Minnesota Housing Finance Agency has given approval to the proposed financing program for the Project by ISM issuing its nonrejection letter under the Act. The City obtained allocation of Bonding Authority pursuant to Chapter 474A.091 on or about November 28, 1988 and filed a Carry - forward Election for such allocation on December 22, 1988 under Section 146(f) of the Internal Revenue Code of 1986, as amended. The findings of the City Council of the City made in the Preliminary Resolution with respect to the Project are hereby ratified, affirmed and approved. 7. 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: (a) the Loan Agreement; (b) the Indenture; (c) the Regulatory Agreement; (d) the Declaration (not executed by the that: City) ; (e) the Bond Purchase Agreement; (f) the Development Agreement; and (g) The Preliminary Official Statement (not executed by the City). 8. It is hereby found, determined and declared (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a -4- 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 is, and the effect thereof will be, to promote the public welfare by the construction, installation and IV equipping of a rental housing facility for assisting persons of low income and elderly persons within the City to obtain decent, safe and sanitary 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 construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Regulatory Agreement, the Bond Purchase Agreement and the Development Agreement (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 -5- 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 Regulatory Agreement and the Declaration (which terms and conditions the City determines to be necessary, desirable and proper), to construct and install the Project by such means as shall be available to the Company and in the manner determined by the Company, 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 sut f is ient to provide for the prompt payment of principal of, premium, if any, interest on, and am the purchase price of, the Bonds issued under the Indenture when due, and the Loan Agreement, Regulatory Agreement, Declaration and Indenture also provide that -the- Company is required too pay all expenses of the operation and - maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance- -agaI ii st all liability for injury to peso:n:S 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 . ca f the Loan Agreement, Regulatory Agreement, 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 : r -.charged upon any - -funds other than the revenues 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, or to enforce -7- payment 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 revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City or its political subdivision within the meaning of any constitutional or statutory limitation. 90 The City hereby elects to have Section 142(d)(1)(B) of the Internal Revenue Code of 1986, as amended (requiring that 40 percent or more of the rental units in the Project be occupied by tenants whose units in the Project be occupied by tenants whose income is .60 percent or less of or a median gross income (adjusted for family size) apply to the Bonds. IM 10. Subject to the approval of the City Attorney and the provisions of paragraph 14 hereof, the forms of the Agreements and exhibits thereto and all other documents described in paragraph 7 hereof are approved substantially in the form 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 or City Manager. 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. 11. The City hereby authorizes the use and circulation by the Bond Purchaser of an Official Statement in connection with the offer and sale of the Bonds. The City hereby finds that the information contained in the section of the Preliminary Official Statement captioned "the Issuer" does not contain any untrue statement and hereby approves in substantially the form submitted to the City Council at this meeting such information for inclusion in the Official Statement; and the City hereby ratifies, confirms and consents IM to the use of said section in the Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in' the Preliminary Official Statement (other than the section therein captioned "the Issuer ") and takes no responsibility for such information. 12. The Bonds shall be bear interest at a rate or rates, not to exceed ten percent (10 %) per annum established by the Company, the Bond Purchaser, and the Pricing Committee hereinafter referred to. There is hereby appointed a Pricing Committee to which is hereby delegated the power and authority to agree with the Company and Bond Purchaser on the interest rates for each maturity. The Mayor and City Manager are hereby appointed'by the City to the Pricing Committee, with full power and authority to bind the City, subject to the limitations stated herein. 13. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture. The Bonds shall mature on the dates as set forth in the Indenture. The offer of the Bond Purchaser to purchase the Bonds at percent ( %) of their principal amount, plus accrued interest to the date of delivery is hereby accepted. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as .10. prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser, 14. The Mayor and City Manager 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 be 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 certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein.. 15. The approval hereby given to the Agreements and the various other documents referred to in paragraphs 7 and 10 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 -11- 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 additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate -of f icer 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 or City Manager, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the Acting City Manager, respectively. 16. 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 -12- 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. Passed: April 20, 19890 Attest City Mayor -13- Mayor STATE OF MINNESOTA COUNTY OF RAMSEY 'CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and City Clerk of the City Council of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said-City duly called and held on the date therein indicated, insofar as such minutes relate to the authorization of the issuance of the $2,230,000 Multifamily Mortgage Revenue Bonds (Cottages of Maplewood Project - FHA Insured e Mort a g g Loan), Series 1989. WITNESS my hand and the seal of said City this day of , 1989, (SEAL) City Clerk -14- DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MAPLEWOOD, MINNESOTA, AND { COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP This document drafted by: BRIGGS AND MORGAN Professional Association .2200 First National Bank Building St. Paul, Minnesota 55101 DEVELOPMENT AGREEMENT Tntroduction........ ............................... Article I Definitions ............... ............... Section 1.1. Definitions..................', 00 Article II Representations and Warranties.......... Section 2.1. Representations and Warranties of the City.......... Section 2.2. Representations and Warranties.of the Developer..... Article III Purchase and - Conveyance of the Development Property................... Sec- tlon_.3.1. Current Status of Development Property ........................ Section 3.2. Purchase of the Development Property by City ................ Section.3.3. Reconveyance and Repurchase of the Development Property..... Section 3.4. Purchase Price and Repurchase Pri'ce.. ......... . Article IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements.................. .. Section 4.2, Construction Plans.............. Section 4.3. Commencement and Completion ofConstruction....... 0000000000 Section 4.4. Site Improvements..............." Article V Insurance and Condemnation............... Section 5.1. Insurance....................... Section 5.2. Condemnation.................... Section 5.3. Reconstruction .or Payment....... Section 5.4. Relationship to Mortgage and Tax Increment Bonds......... P. aaS e 1 3 3 7 7 8 11 11. 11 12 13 14 14 14 15 16 17 17 20 20 21 PP Article VI Assessment Agreement and Other Covenants.............................. 22 Section 601. Execution of Assessment Agreement ....................... 22 Section 6.2. Real Property Taxes............. 23 Article.VII Tax Increment Bonds and Developer Payments.... 24 Section 7.1. Issuance of Tax Increment Bonds..............:............ 24 Section 7.2. Limitations on Financial Undertakings of the City........ 24 Section 7.30 Use of -Tax Increments........... 24 Section 7.4. Guaranty o f , Tax Increment Shortfall ....................... 25 Article VIII Mortgage Financing.................... 26 Section 8910 Limitation Upon Encumbrance of Property ..................... 26 Section, 8.2 . Approval of Mortgage .......,9,,, 2-6-- Section 8.3. Notice of Default; Copy to Mortgagee ..:..................... 27 Section 8.4. .Mortgagee's Option.to Cure Defaults........................ 27 Section 8.5. City's Option to Cure Default on Mortgage............. 27 Section 8.6. Subordination and Modification for the Benefit ofMortgagees................... 28 Article IX Prohibitions Against Assignment And Transfer; Indemnification............... 29 Section 9.1.. Status of Developer; .Trans fer - of Substantially All Assets..... 29 Section 9.2. Prohibition Against Transfer of Property and Assignment of Agreement....................... 29 - Section 9.3. Release and Indemnification Covenants ....................... 31 Section 9.4. Approvals ........................ 32 Section 9.5. Transfer and City Payment....... 32 Paccre _ Article X Events.of Default......., . _ . . . . . . . . . . . . .. . . . 3.3 Section 1001. Events of Default Defined......, 33 Section 10.2 . Remedies ' on Default ..... , .. , . , , • Section 10-3. No Remedy y Exclusive .4 ............. Section 10.4, No Implied Waiver.......,,,,,, 35. Section 10950 Agreement •• g t to Pay Attorney's 35 Feesand Expenses............... 35 Article XI Additional Provisions. Section 11.1. Restrictions on Use 36 Section 11.2 . Conflicts of Interest.... . . . . • . 36 Section 11.30 . Provisions ' Not Merged With Section 11.4. Deed............................ Titles of Articles and 36 Section 11.5. Sections........................ Notices and Demands..._.......... 36 Section 11.6. Counterparts 36 -t Section 11.7. .............., • „ .. Modification 37 Section 11.8. .................... Law Gove Governing 37 Section 11.9. ................... Legal Opinions 37 Section 11.10 .............. A �••• City p P r o v a l s 3-7 Section 11.11 . . . . . . . . . . . . -. . . . . . Termination 38 .................... • 38 Article XII Commun -it- y -Develo pmentt Block Grant Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section 12 .- 1.- Hold Harmless and Identification .................. 39 Section 12.2. Nondisc rimination Section 12.3. ............... Architectural Barriers.......... 39 40 Section 12.4. Lead-Based Paint Poisoning.. -..., 40 Section 12-5. Public Information......,,,-,,,,, 40 Section 12.6. Records. Section 12.7. Rental Requiremenets............ Section 12.80 Re payment p ym t of Community . 40 Developmentt Block Grant........ 40 " Signatures ........................ ................. 41,42 Acknowledgements............,,,-,,,,.......... ................... 43,44 Exhibit A: Description of Development District Exhibit B: Description . of Tax Increment District Exhibit C: Assessment Agreement Exhibit D: Legal Description of Development Property Exhibit E -1: Developer Conveyance Deed Exhibit E -2 Development Property Deed Exhibit F:.Permitted'Encumbrances Exhibit G: Certif icate ' of Completion and Release of Forfeiture Exhibit.H: Minimum .Improvements Exhibit I: Form of Guaranty Exhibit Joe Form of Legal Opinion of Developer's Counsel DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the 1st da.y of IAori1, 1989, by and between the City of Maplewood, Minnesota (the "City"), a municipal corporation and political subdivision organized and existing under the Constitution and laws of the State of Minnesota and Cottages of Maplewood Limited Partnership, a Minnesota limited partnership (the "Developer "); WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Sections 469.125 to 469.134, the City.has formed a municipal development district (the "Development District ") a description of which is attached hereto as Exhibit A, and has adopted a development program therefor (the "Development Program "); and WHEREAS, pursuant to the provisions.of Minnesota Statutes, Sections 469.174 through 469.179, as amended (hereinafter the "Tax Increment Act "), the City has created a tax increment financing district (the "Tax Increment -=- District"), the legal description of which is attached hereto as Exhibit B, and has adopted a tax increment financing plan (the "Tax Increment Plan ") therefor which provides for the use of.tax increment financing in connection with development within the Development District; and WHEREAS, the acquisition of property by the City from private developers and the subsequent resale to private developers for a redevelopment project by the City are objectives of the Development Program; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private,,.,.,,, enterprise in conformance with the Development Program, the City has determined to acquire property from the Developer and reconvey the same to. the Developer in order to bring about development in accordance with this Agreement, WHEREAS, in order to finance the objectives of the Development Program and Tax Increment Plan, the City has determined to issue its general obligation tax increment bonds to finance certain capital and administration costs within the Development District; and WHEREAS, a major . objective of the Devel'o ment Program and P g Tax Increment Plan �.s to prevent deterioration of land located within the Development District; and WHEREAS,. payment of said bonds is to be secured, in art P ► by .a pledge of tax increment generated by the Tax Increment District; and WHEREAS, the City has requested the Count y to certify the current assessed value of the Tax Increment District pursuant to.Section 469.177 of the Tax Increment Act;' and WHEREAS, the City believes that the development of a certain Project as more fully set forth in, and pursuant to the terms of, this Agreement, and fulfillment of this Agreement, are vital and are in the best interests of the City and the health, safety, morals and welfare of. its residents, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted: NOW, THEREFORE, in consideration of the P remises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1. DEFINITIONS Section 1.1, Definitions. All capitalized terms used- and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be' from time to time modified, amended or supplemented; Assessment Agreement means the agreement, substantially in the form of the agreement contained in Exhibit C attached hereto and hereby made a part of this Agreement, among the Developer, the City and the Assessor for the County, entered into pursuant to Article VI of this Agreement; Assessor's Minimum Market Value means the agreed minimum market value of the Development Property for calculation of .real property taxes as determined by the Assessor for the County pursuant to the Assessment-Agreement; Bonds or Tax Increment Bonds means the General Obligation Tax Increment Bonds, the proceeds of which will be used to finance, among other things, the costs o -f the Land Write Down; the term "Bonds" shall also include any-bonds or obligations issued to refund any Bonds; Bond Counsel means the firm of-Briggs and Morgan, Professional Association, in St. Paul and Minneapolis, Minnesota, or any other firm of nationally recognized bond counsel selected by the City; City means the City of Maplewood, Minnesota, or any successor to its functions; Closing Date means the date on which the City reconveys the Development Property to the Developer under Section 3.2 of this Agreement; Condemnation_ Award means the amount remaining from an award , to the Developer for the acquisition of title to and possession of the Development Property, or any material part thereof, after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such award; 3 Construction Plans means the plans, specifications drawings and related documents of the construction work ork to be performed -by the Developer on the Project; the plans (a) be as detailed as P shall the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and-(b) shall Y, ( ) all include at least the following: (1) site plan; (2) foundation lan• plans; (3) basement P ; ( 4 ) flog P ► r plan for each floor; (5) cross sections of each (length and width); (6) elevations (all side • landscape s }, (7). plan; and (8) fire alarms, smoke detectors and water sprinkler systems; ' Count means the County of Ramsey; Developer means Cottages of Maplewood Limited Partner- ship, a Minnesota limited partnership, its successors assigns; - P and Developer Conveyance Deed means a quit-claim deed stantiall in the f q sub- . •y form of the deed attached to this Agreement - as Exhibit E -1, . used to convey the Development Property from Developer to the City _ Development District means the real property located within Development District No . a description of which is attached hereto as Exhibit A; Development Program means the program approved for the Development District i PP P n connection with the Tax Increment Financing Plan, as such program may be amended or modified; Development Property means the real property an Minimum Im rov P y any ements thereon) legally described in Exhibit D of this Agreement; Development Property Deed means a quit claim deed substantially in the form of the deed attached to this Agreement as Exhibit E -2, used to reconvey the Development nt Propert Y from the Cit y to the Developer; Event of Default means any of the events described in Section 10.1 of this Agreement; First Mortgage means any Mortgage ranted to secure loan made pursuant g e any p to either a mortgage commitment obtained b the Developer from a commercial lender or other financial Y institution to fund any portion-of the construction costs and initial operating capital. requirements of the Minimum 4 Improvements, or housing revenue bonds or notes issued by the City to fund any portion of the construction costs of the Minimum Improvements, or all.such Mortgages as appropriate; Guaranty means the guaranty in the form attached hereto as Exhibit I executed b �Rekstad Resources, Inc. and Howard L. Rekstad as provided in Section 7.4 of this Agreement; Land Write Down means Price paid by the City for Repurchase Price - at which the Developer by the City the di f f erence. between the Purchase the Development Property and the the Development Property is sold to under Section 3.3 of this Agreement;. Maturity Date means the date when the principal of, premium (if any) and interest on the Bonds are paid in full; Minimum Improvements. means the improvements contemplated by and in accordance with this Agreement and the Construction Plans and generally described in Exhibit H attached hereto, generally constituting a 59 unit senior citizen housing facility; Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest.in the Development Property, or any portion -or parcel thereof, or any improvements constructed thereon, and which'is a permitted encumbrance pursuant to the provisions of Article VIII; Net Proceeds means any proceeds paid by an insurer to the Developer or the City under a policy or policies of insurance required to be provided and maintained by the Developer pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds; Permitted Encumbrances means the encumbrances described in Exhibit F to this .Agreement; Project means the Minimum Improvements to be located on the Development Property, generally constituting a 59 unit senior citizen housing facility and related improvements; Purchase Price means the price to be paid by the City to the Developer pursuant to Section 3.2(1) upon purchase of the Development Property in whole or part; 5 Redemption Date means the earliest date on which any Bonds may be redeemed and paid prior to full maturity; Repurchase Price means the sum of A $1.- 00- to be paid. by the Developer to the City upon repurchase of the Development Property pursuant.to the terms of Section 3.3'of this Agreement; Site Improvements means State.means' the State of Minnesota; Tax Increments means the tax increments derived from the Development Property; Tax Increment Act means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.125 through 469.134; as amended; Tax Increment Bonds means the Bonds; Tax Increment District means the Tax Increment Financing District in the Development District qualified as a housing district under the Tax Increment Act, the legal description- of' which is attached hereto as Exhibit B; Tax Increment Financing Plan or Tax Increment Plan,_ -means the plan approved for the Tax Increment District, as such plan may be - amended or modified; Termination Date means the date of expiration of the Assessment Agreement as provided in Section 6.1 of this Agreement; and Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God,-fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly- result in delays. R - ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.10 Representations and Warranties of the C' re lty. The City makes the following presentations and warranties: (1) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. .(2) The Tax Increment District is a. "housing district" within the meaning f Minnesota g rict 9 ota Statutes, Section 273.731 Subdivision 11, and was created, adopted and approved accordance with the Pp d in e terms of the Tax Increment Act. (3.) The development contemplated • conformance by this Agreement is in mance with the development objectives set forth in the Development Program and Tax Increment Financing Plan. . g (4) To finance the costs, of the activities to be undertaken-by the - City -, -the City o oses sub e provisions y p p ► j ct to the further p .ions of this Agreement, to use its best efforts to.issue the Bonds and use the proceeds • Land Write _ s thereof to finance the to Down and to pledge Tax Increments enerated b the Tax Increment District for y r the payment of the principal of and interest on the Bonds, all sub . ect to Section 7.3. (5) The City.has not received an notice f state or federal of y from any local, official that the activities of the Developer or the City with respect to the-Develo pment Property may or p will be in violation of any environmental law • a or regulation ( other than those notices, i f , any, of which the De been notified The Developer has e City is not aware of any state or federal ,claim filed or planned to be filed b an art an violation of y y party relating to y any local, state or federal environmental law, regulation or review procedure and the ' of-an violation ' City is not aware y on of any local, state or federal law, regulation or review procedure which would ive an valid claim under the g y person a Minnesota Environmental Rights Act or other state or.federal environmental statute. (6) The City makes no representation or warra lied nty, either express or implied, , as to the Development Property or its condition or the soil conditions thereon or that Development, Pro ► the P Property shall be suitable for the Developer's purposes or needs. p 7 (7) The City has made the findings required by Section 273.74, Subdivision 3, of the Tax Increment Financing Act for the Tax Increment District, and has set forth in writing the reasons and supporting facts for each determination. Section 2.2. Representations and Warranties of the Developer. The Developer makes the following representations and warranties. (1) The Developer is a Minnesota limited partnership, has power to enter into this Agreement and to perform its obligations hereunder, and is -not in violation of any provisions of its articles of incorporation or bylaws or the laws of the State. ( -2) The Developer will cause the Minimum Improvements to be. * constructed, operated and maintained in accordance with the terms of this Agreement, the Development Program and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), except for variances necessary to construct the Minimum Improvements contemplated in any Construction Plans. approved by the City. (3) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local,_ state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (4) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or do not result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, nor-do they constitute a default under any of the foregoing. (5) The Minimum Improvements will be constructed at a cost of approximately $3,200,000 (which figure includes the costs to the Developer of real and personal property). The Developer will spend enough in construction of the Minimum Improvements, when combined with the value of the Development Property and related site improvements, to generate the 0 Assessor's.. Minimum Market Value set forth in Section 6.1 of this Agreement. (6) The Developer has not received any notice from any local, state or federal official that the activities of the Developer or the City with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has been notified). The Developer is not aware of any state or federal claim filed or planned to be filed by any party relating to any violation of any local, state or federal environmental law, regulation-or review procedure, and the Developer is-not aware of any violation of any local, state or federal law, regulation or review procedure which would give any person a valid claim under the Minnesota Environmental Rights Act or other state or federal environmental statute. (7) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the .Project. (8 ) The financing commitments which ' the Developer will proceed with due diligence to obtain to finance acquisition or construction of the Minimum Improvements, together with financing provided by the City pursuant to this Agreement, will be sufficient to enable the Developer to successfully complete the Minimum Improvements as.contemplated in this Agreement. (9)- The Developer will cooperate fully with the.City in resolution of any traffic, _parking, trash removal or public safety problems-which-may-arise in connection with the construction and operation of the Project. (10) The Developer would not undertake the Project without the -financing provided by the City pursuant to this Agreement. (11) The Developer expects that, barring Unavoidable Delays, the Project will be substantially completed by October 31, 1989. (12) The fair market value of the Development Property is, prior to its conveyance to the City under Section 3.2-o-f this Agreement, at least equal to the Purchase Price; and the Repurchase Price is fair and reasonable after taking into account the commitments of the Developer and the encumbrances on the Development Property made, or to be made, in favor of the City under this Agreement. 9 (13) The Developer warrants that it has no knowledge of any hazardous substances located in or on the Development Property now or at the time right, title or interest in the property was first acquired by it. (14) The Developer estimates that the Assessor's Minimum Market Value set forth in Section 6.1 of this Agreement is a reasonable estimate of the annual market value for ad valorem tax purposes.. (15) The Developer expects that the Site Improvements will cost a minimum of $275,000. 10 ARTICLE III PURCHASE AND CONVEYANCE OF THE DEVELOPMENT PROPERTY Section 3.1. Current Status of Develo m er represents p ent Property. The Develo P P s that it has purchase options to acquire the Development Property* P shall � P Y• The parties intend that the City .purchase the Development Property rom the a l to the Purchase Developer for an amount equal Y qse Price and reconvey title and possession of the Development P the Developer for an amount P roperty to equal to the Repurchase Price, all pursuant to the terms and provisions of Sections of thi -s Agreement 3.2 and 3.3 . Section 3.2. Purchase of the Development p t Property by City. (1) Subject to the Developer's satisfaction on of the condi tions set f orth in subsection ( 2 ) below, the City will purchase the Development Property Y 11 I? , p r ty f rom the Developer for the sum of $275,000, which sum is the Purchase ' er shall de ' ase Price. The Developer liver title to the Development Property the City by the Developer Conveyance P Y to P y nce Deed. The City shall purchase the Development Property rom the provided herein Y Developer as in consideration of the covenants of the Developer to cause the Develo ment Pro ert • accordance with P y to be developed in th the provisions of this Agreement and Development Program, and the g as an inducement to the Developer to .cause the Site Improvements to be cons P constructed thereon and cause the Minimum Improvements to be constructs the purchase date as provided thereon after p ided herein. The purchase and conveyance of the Development Property is intended to the cost of acquisition an reduce q d improvement of the Development Property to the Developer. An amount P t of move a ual to the -ase Price shall be de osited with A ' and TrLa - merican Nati_ona an anv. _ the_ "Trustee") as Trustee under t at fi.r -tom.?. ��.�.d�n t u r e of Trust d a t _ - �; _. _ - -- __ _ ed as oMa e weer -_ -- - - _th_e "Indenture "ori the da -e o c 1 s i n of the Mu - - - - �..�...- -- _ , - -_ Multifamily f ami 1 Housing Revenue Bonds LCo Lt a cieft OLM Serles 1989 o Pro ect --- A- Insure- or -- -a a -- _be_disbursed b the trust-4e-on--- a alf rovided in the Indenture. - (2) The City's obligations to ur Property f p chase the Development Pro p y romthe Developer shall be subject to satisfaction of the following conditions precedent: 11 (a) The Developer shall be in mate • real compliance with all the terms and provisions of this ' Agreement; (b) The Developer shall have sub • matted to the City Construction Plans for the Project, and such Constructi • on Plans shall have been approved by the City pursuant to Section 4.2 of this Agreement; (c) The Developer shall furnish the Cit e ' in a form satisfacto y vidence, ry to the City such as a letter of commitment from a bank or other lending institution, the Developer has firm • g titution, t hat p commitments for construction or acquisition and permanent financing or the P ' amount sufficient g Project in an together with equity commitments, to complete the Project In conformance with the Construction nstruction Plans, or the City 1 receive such other evidence of financial ability as in the reasonable judgment City is re q wired• of the (d) Execution and recording of an Assessment Agreement by the City, the Count and the Developer pursuant to Sect' y Loper Section 6.1 of this Agreement; (e) Delivery to the City f y a guaranty f rom t IRekstad_ 'r - Larme and Howard L. Rekstad in.the form attached hereto as Exhibit H,- to assure erforma er's obligations p nce of the Develo P g tions under this Agreement; (f) Issuance of-the Bonds and satisfaction of the conditions set forth in Section 7.2 of this Agreement; 4 -and (g) Receipt of an opinion of counsel to the Developer in the form attached hereto as Exhibit habit I. I t♦i1 t t t Section 3.3. Reconve ance and nd Re urchase of the Development Pro erty0 Subsequent to the ur ment Pro p chase of the Development Property by the City, the City shall immediate reconvey title and possession immediately -the - P on of the Development Property to Developer under the Development Property Deed in substantiall y the form attached hereto as Exhibit E -2 for t sum of $1.00 payable on the � he Y Closing Date (the Repurchase Price ").. Unless the Developer and the City y shall otherwise agree, the reco nveyance shall occur on the Closing Date for the purchase by the City of the Development p nt Property . After. the conveyance of the Development Property, p P ty, the Developer's use of the De velopment Property shall be subject to all o j f the ! 12 conditions, covenants rest . ► rlctlons and limitations imposed b this Agreement and the Develo ment � � P Property Deed . After the conveyance of title to the ' Develo menu Pro Developer's use of the p party, the Development Property shall also be subject to the Permitted .Encumbrance laws and ordinance s and building and zoning • s and all other local, state and federal laws and regulations. ral Unless otherwise mutually Developer the ex agreed by the Clty and the. • ecution and delivery of all deeds required this Section 3.3 and b Section quired by made at t y 3.2 of. this Agreement shall be he principal office of the City. Conveyance Deed and.D Y• The Developer Development Property Deed shall each b recordable form and shall be promptly a in this Agreement at p P Y recorded, with a copy of . g attached thereto as an Exhibit unless- Developer previously recorded The shall pay all costs for recording the Developer Conveyance Dee Deed• Y d and Development Property , and the Developer Conveyance Deed a Development Property eed- w' and exam t .y 111 be treated by the parties to be .p from recording fees and deed tax • _ law. The to the maximum extent Permitted b Y e Developer shall also a at closing--all - costs (including,. without limitation P y ing.�all_ ion, legal fees) incurred-....by the City for prearation of the Development Developer- -Conveyance Deed�and • p Property Deed or otherwise in connection ' application of the terms of tlon with the the his Agreement to its purchase of elopment Property pursuant to the Deed and its sale of - Developer-Conveyance the Development Property ursuant -to Development Property Deed. P such Section 3.40 Purchase Price and Repurchase Price. The Purchase Price and, hence, the Repurchase Price have calculated without regard to ve been .g the value of any Minimum Improvements which will, as a resu • undertaken 'by It of this Agreement, be Y the Developer. 13 ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will cause the Minimum Improvements on the Development Property to be constructed in conformance with the approved'Construction Plans. The Developer agrees that the scope and scale of-the Minimum Improvements to be constructed shall not be significantly less than the scope and scale of the Minimum Improvements as detailed and outlined in the Construction Plans. Section 4.2.....Construction Plans. The Developer shall cause Construction Plans to be provided to the City which shall be subject to approval by the City as provided in this .Section-4.2. The Construction Plans shall provide for the Minimum Improvements to be constructed on the Development Property, and shall be in conformity with the Development Program, this Agreement, and all applicable state and local laws and regulations. The City shall approve the - Construction Plans, -in writing if: (a) the Construction Plans conform to the--,terms and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Development Program; (c) to the best of the City's knowledge, the Construction Plans conform to all applicable federal, state -and local laws, ordinances, rules and regulations and City permit requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section 4.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Construction Plans must be rejected in writing by the City within fifteen (15) days of submission or shall be deemed to have been approved by the City. If the City rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after receipt by the Developer of written notification of 14 the rejection, accompanied by a written statement of the City specifying the respects in which the Construction Plans sub - mitted by the Developer fail to conform to. the requirements of this Section 4.2. The provisions of this Section 4.2 relating to approval, rejection and resubmission.of corrected Construc- tion Plans shall continue to apply until the'Construction Plans have been approved by the.City; provided, however, that in any event the Developer shall submit Construction Plans which are approved prior to commencement of construction of the Minimum Improvements. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver o.f any Event of Default, If the Developer desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans, as modified by the proposed change, conform to the approval criteria..listed ' in } this Section 4.2 with respect to the original Construction Plans and do not constitute a material modification to the scope, size or use of the Project or to the site plan .therefor, the City shall approve the proposed change. Such change in the Construction Plans shall be.deemed approved by the -City unless rejected in writing within ten (10) days by the City with a statement of the City's reasons for such,, -:- rejection. Approval of Construction Plans hereunder.is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the Project as constructed. Section 4,3. Commencement and Completion -of Construction. Subject to Unavoidable Delays, the Developer shall cause construction of the Minimum Improvements to be commenced (i) by June 1, 19 8 9 or (ii) on such other date as the parties shall mutually agree in writing. Subject to Unavoidable Delays, the Developer shall have substantially completed the Minimum Improvements by October 31,_ 1989 so that the Assessor's Minimum Market Value as of January 2, 1990 will be $1,8„00,000. Time lost as a result of Unavoidable Delays shall be ad ed d to extend this date beyond October 31 rw� r • rir r ar�rt� 1989, a number of days equal to the number of days lost as a result of Unavoidable Delays. However, an extension of the 15 completion of the Minimum Improvements shall not affect the Assessor's Minimum Market Value. All work with P res ect to the. Minimum Improvements to be constructed or rovided b the Developer o ' p• y p n the Development Property shall be in conformity with the Construction Plans as submitted b the Developer y p and approved by the City. The Developer agrees for itself, and every successor in interest to the - Development Property, or an art thereof, Y Y P , that the Development Property Deed shall contain covenants on the part of the Developer and such successors and assigns that the Developer, and such successors and assigns, shall cause to be promptly begun and diligently prosecuted to completion construction of the Minimum Improvements thereon, .and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3. It is intended and agreed, and the Development Property Deed P Y shall so expressly provide, that such agreements and covenants -shall be. covenants running with the land and that the shall in an event and w' Y y without regard to technical classification or designation, legal or otherwise, and except only as P Y otherwise specifically. provided in this Agreement, be to the fullest extent permitted at law and in equity, bindin g for the benefit of the City and enforceable by the City against the Developer-and its successors and assigns. Subsequent to reconveyance of the Development Property to the Developer, and until construction of the Minimum Improvements has been completed, the Developer.shall make reports -to the Cit , in Y such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Developer with respect to construction'of the Minimum Improvements. The Developer agrees that it shall permit designated representatives of the City to enter upon the Development Property during normal business hours durin g the construction of the Minimum Improvements to inspect such construction. Section.4.4. Site Improvements, The Developer shall cause the Site Improvements to be completed on the Development Project. 15 ARTICLE V INSURANCE AND CONDEMNATION Section 5.1. Insurance. (a) The Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and,, from time to time at the request of the City, furnish the City with proof of payment of premiums o -n ) _: (i) Builder's risk insurance, written on the so- called "Builder's Risk -- Completed Value Basis in an amount equal to one hundred percent (100 %) of the-insurable value of the Minimum Improvements at the. date of completion, and with coverage available in nonreporting form on the so- called "all risk" form of policy; the interest of the City shall be protected in accordance with a clause in form and content satisfactory to. the City_; Comprehensive general liability. insurance .( including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $500,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used); and (iii) Worker's compensation insurance, with statutory coverage. (b) Upon completion Improvements and prior to Developer shall maintain, its cost and expense, and request of the City shall premiums on,-insurance as of construction of the Minimum the Termination Date, the or cause to be maintained, at from time to time at the furnish proof of the payment of follows: (i) Insurance against loss and /or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious 17 _.mischief, explosion, water damage, demolition cost, ^debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $50,000. No pol -icy of insurance shall be so written that the proceeds thereof will produce less. than the minimum coverage required by the preceding sentence, by reason of co- insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value "' shall mean the actual replacement cost of the. Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than-once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements shall be carried in the names of the Developer, the City and the holder of the First Mortgage, as their respective interests may appear. Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of and shall be endorsed to show the City as an additional insured. (iii) Such other insurance, including. worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self- insured with respect to all or any part of its liability for worker's compensation. (c) All insurance required in this Article V shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized 18 under the laws of the State to assume the risks covered thereby. The Developer.will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the. insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that. the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of i the respective insurers as to the amount of coverage in force upon the Minimum Improvements. .(d) The Developer agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction- of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $100,000, Net Proceeds of any such -insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or- reimbursement of the costs thereof, Net proceeds of any insurance relating to damage or ..destruction to the Minimum Improvements or any portion .thereof as a result of fire or other casualty in an amount estimated to equal or exceed $100,000 shall be payable to a trustee jointly agreed upon by the Developer, the City and the holder of the First Mortgage (or in such other manner as may be agreeable to the City, 19 Developer and holder) and shall be subject , to . such disbursement provisions as shall be jointly agreed by the City, the Developer and the holder of the First Mortgage. In the event.the Minimum Improvements or any portion thereof are destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Developer shall within ninety (90) days after such damage or destruction, commence to repair, reconstruct and restore the damaged Minimum Improvements to substantially the same or improved condition or utility value as they existed prior to the event causing such damage or destruction and, to the extent necessary. to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Developer from the -City to the payment or reimbursement of the costs thereof. (e) The Developer shall complete the repair, recon- struction and restoration of the Minimum Improvements, whether or not. the Net Proceeds of insurance received by_t the Developer for such purposes are sufficient. After completion of such repairs, construction and restoration any unexpended Net Proceeds - -shall be disbursed by the City to the Developer. Section 5.2, Condemnation. In- .the event that title to and possession of the Minimum-Improvements or any.other material part thereof shall be taken in condemnation or by the exercise of the power of eminent domain by any governmental body or other person (except the City), so long as.the Assessment Agreement shall remain in effect, the Developer shall, with reasonable promptness after such taking, notify the City as to the nature and extent of such taking, Section 5.3 Reconstruction or Payment. Upon receipt of an Award or property insurance proceeds, the Developer shall use the entire Condemnation Award to reconstruct the Minimum Improvements (or, in the event only a part of Minimum Improvements have been taken, then to reconstruct such part) upon the Development Property or elsewhere within the Tax Increment District; provided, however, that the Developer may instead elect to pay to the City out of the Condemnation Award or property insurance proceeds, and to the extent any such Condemnation Award or property insurance proceeds are sufficient for such purpose either: (i) the present value of the sum of the real property 20 taxes which would have been assessed upon the Development Property and the Minimum Improvements between the date of such condemnation and the Termination Date, such calculation to be based upon (A) the'Assessor's Minimum Market. Value specified In the Assessment Agreement, and (B) the then- effective tax .capacity. rate upon the date of such condemnation, such sum to be discounted.to present value based upon (A) or receipt of said property insurance proceeds the number of years between .the date of such condemnation and the Termination Date, and (B) the average interest rate on the Bonds, or (ii) a sum sufficient to retire the Bonds immediately, including any interest due. Section 5.4. Relationship to Mortgagee and Tax Increment Bonds. The provisions of Sections 5.1, 5.2 and 5.3 of this Agreement shall be subject to the subordination, modification . and waiver provisions of Section 8.5 of this Agreement but shall otherwise remain in full force and effect with respect to the Developer's obligations to maintain insurance, notify the City of any casualty or condemnation and reconstruct the Minimum Improvements upon such casualty or condemnation unless__ provision--is-made to the satisfaction of the City for the payment -or discharge of.the Tax Increment Bonds and reimbursement of all other capital and administration costs incurred by the City in connection with the Project. 21 ARTICLE VI ASSESSMENT AGREEMENT AND OTHER COVENANTS Section 6.1. Execution of Assessment Agreement. The Developer shall agree to, and with the City shall execute, prior to the purchase of the Development Property by the City or reconveyance thereof to the Developer, but as soon as the .plans and specifications for the Minimum Improvements are ..prepared, an Assessment Agreement pursuant to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the Assessor's Minimum Market Value for the Development Property and the Minimum Improvements for calculation of real property taxes. Specifically, the .Developer shall agree to a market value for the Development Property and the Minimum Improvements which will result in a market value as of January 2, 1990, of not less than $1,800,000_(such minimum market value at the -time applicable is herein referred to as the "Assessor's Minimum Market Value "). Nothing in the Assessment Agreement shall limit the discretion of the assessor to assign a market value to the -_ property in excess of such Assessor's Minimum Market Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided however, that the Developer shall not seek a reduction of such market value below the Assessor's*Minimum Market Value in any year so long as the Assessment Agreement shall remain -iii effect. The Assessment Agreement shall remain in effect-until- (the "Termination Date "). The Assessment Agreement shall be certified by-the Assessor for the County as provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the Assessor that the Assessor's Minimum Market Value represents.a reasonable estimate based upon the plans and specifications for the Minimum Improvements to be- constructed on the Development Property and the market value previously assigned to.the Development Property. Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of Ramsey County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or part thereof), whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such .subsequent purchaser or encumbrancer, including the holder of the First Mortgage. 22 Section 6.2. Real Property Taxes, The Developer shall pay all real property taxes payable with respect'to all and any parts of the Development Property acquired and owned by it and pursuant to. the provisions of the Assessment. Agreement and any other statutory. or contractual duty that shall accrue subsequent to the date of its acquisition of title to the Development Property (or part.thereof) and until the Developer's obligations have been assumed by any other - person pursuant to the provisions of this Agreement or title to the property is vested in another person. The Developer agrees that prior to the Termination Date: .(a) It will..not seek administrative review or judicial review of the applicability or constitu tionality of any tax statute relating to the taxation of real property .contained on the Development Property determined by any tax official to be applicable to the Project or the Developer or raise the inapplicability or constitutionality of any such tax statute as a,defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax;,and (b) It will not seek any tax deferral-or abatement, either presently.or prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or federal law, of the taxation of real property contained in the Development Property between the date.-of-.execution of this Agreement and the Termination Date. 23 ARTICLE VII TAX INCREMENT BONDS AND DEVELOPER PAYMENTS Section 7.1. -- Issuance of Tax Increment Bonds. The City agrees to exercise its best efforts to take la l steps P necessary to issue its Tax Increment Bonds in an amount sufficient to finance the City's obligations to the Developer hereunder, including the Land Write Down pursuant to Article III hereof. The City shall exercise its best efforts to issue ,the Tax Increment Bonds at such time as shall, in the judgment of the City, be necessary and desirable . to finance the Land Write Down, but in no event later than sixty (60) days after satisfaction of the- preconditions to purchase of the Development Property as set forth in Section 3.2(2)(a) through (h) (unless extended by mutual consent of the Developer and the City).. The obligation of the City to issue the Bonds shall- be subject to the limitations provided in Section 7.2 of this Agreement. Section 7.2. Limitations on Financial Undertakings of the City. Notwithstanding. the provisions of Section 7.1, the City shali-have-.no- obligation to the Developer under this Agreement to issue the Tax Increment Bonds, if any of the following conditions exist: (i) The City is entitled under Section 10.02 of this Agreement to exercise any of the remedies set forth therein as a result of an Event of Default; (ii) There has been, or there occurs, a substantial change for the worse in the financial resources and ability of the Developer, or a substantial decrease in the financing commitments secured by the Developer for construction of the Minimum Improvements, which change(s) makes it substantially more likely, in the reasonable judgment of the City, that the Developer will be unable to fulfill its covenants and obligations under this Agreement; The Guaranty required by Section 7.4 of this Agreement has not been delivered to the City; and Section 7.3. Use of Tax Increments. To the extent Tax Increments are sufficient in any year to pay debt service on 24 the Bonds-before the Maturity Date and without limitation .after the Maturity Date, the City shall be free to use any Tax Increments for any purpose, consistent with any covenants made with respect to the Tax Increment Bonds, for which the Tax. Increments may lawfully be used pursuant to the provisions of the Tax Increment Act or other provisions of law; and the City shall have no obligations to the Developer with respect to the use of such increment. - -Section 7.4. Guaranty of Tax Increment Shortfall, The parties reasonably expect that the annual Tax Increments to be derived from the Development Property in any calendar year after 1989 and prior to the Maturity Date will exceed the minimum amount needed to pay when due all principal and interest maturing in that year on 'the Tax Increment Bonds. The Developer agrees that if for any reason such Tax Increments in.any calendar year are less than $ for each year prior to the Maturity Date, then the Developer shall pay, upon demand by the City, to the City the difference__ between.the Tax Increment actually derived and $ Prior to the •issuance of the Bonds, the Developer shall deliver to the City a guaranty in the form attached.hereto as Exhibit I fully executed by�Rekstad Resources. Ina, and Howard L..Rekstad and guaranteeing performance of the Developer's obligations under th s Agreement. 25 ARTICLE VIII MORTGAGE FINANCING Section 8.1. Limitation Upon Encumbrance of ProDert Subsequent to the Developer acquiring title to the Development Property and prior to the completion of the Minimum Improve- ments, as certified by the City,.neither the Developer nor.any successor, in interest to the Development Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Development Property, other than Permitted Encumbrances, whether, by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Development Property, other than Permitted Encumbrances, except: (a) for.the purposes of obtaining funds only to the extent necessary for making the Minimum Improvements (including, but not limited to, labor and materials, equipment, professional fees, real estate taxes, construction interest, organization .and other indirect costs of development, costs of constructing the Minimum Improvements, an allowance for contingencies, costs of issuance of any bond or note issue to fund construction or acquisition of the Project, amounts required to fund any bond or note reserves - relating to construction or acquisition of- the - Project, and amounts required to fund any required escrow accounts); and (b) only upon the prior written approval of the City.in accordance with Sections 8.1 and 8.2 of this. Agreement. The City shall not approve any Mortgage wh -ich does not contain terms that conform to the terms of Section 8.5 of this. Agreement, except as provided in Section 8.6 of this Agreement. Section 8.2.' Approval of Mortgage. The City shall approve a Mortgage if: (a) the City first receives a copy of all mortgage documents; (b) the mortgage loan, together with other funds available to the Developer, will, in the 26 reasonable judgment of the City, be sufficient to construct the Minimum Improvements; (c) the City is not entitled under Section 10.02 of this Agreement to exercise any of the remedies set forth therein as a result of an Event of Default; and (d) the City determines that the terms of the Mortgage conform to the terms of Section 8.5 of this Agreement. Section 8.3. Notice of Default; Copy to Mortgagee. Whenever the City shall deliver any notice or demand to the Developer with respect to any breach or default by the :Developer in its obligations or covenants under the Agreement prior to completion fo the Minimum Improvements, the City shall at the same time forward a copy of such notice or demand to each holder of any Mortgage authorized by the Agreement at the. last address of such holder shown in the records of the City. Sect ion 8.4 . Mortgagee's Option to. Cure Defaults. After any breach or default referred to in Section 8.3 of this Agreement, each such holder shall (insofar as the rights of the City are concerned). have the right, at its option,.to cure or remedy such breach or default-(or such breach or default to the extent that it relates -to the part of the Development Property covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of-its Mortgage; provided, however, that if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement shall be deemed to require such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or construction already made), provided that any such holder shall not devote the Development Property to a us.e_ inconsistent with the Development Program or this Agreement without the agreement of the City. Section 8.5. City's Option to Cure Default on Mortgage. Any Mortgage (other than the mortgage relating to construction financing) executed by the Developer with respect to the Development Property or any improvements thereon shall provide that, in the event that the Developer is in default -under any Mortgage authorized pursuant to this Article VIII, the holder of the Mortgage shall notify the City in writing of. 27 (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. Lf the default is an "Event of Default" under such Mortgage, which shall entitle such holder thereof to 'foreclose upon the Development 'Property,.. the Minimum Improvements or any portion thereof, and any applicable grace periods have expired, the City shall have, and each Mortgage executed by the Developer with respect to the Development Property or any portion thereof or any improvements thereon.shall provide that the City shall have, such an opportunity to cure the "Event of Default" within such reasonable time period as the holder shall deem appropriate. Section 8.6. Subordination and Modification for the Benefit of Mortgagee . (a) In order to facilitate the obtaining of financing for the construction or purchase of the Minimum Improvements by the Developer, the City agrees to subordinate its rights under the Development Property Deed and this Agreement to the holder of the First Mortgage for the purposes described in Section 8.1(a) of this Agreement, but only provided that the First Mortgage provides that if the holder of the First Mortgage shall foreclose on the Development Property, the improvements thereon, or any portion- thereof, or accept a deed to the Development Property in lieu of foreclosure, it shall consent to the Assessor's Minimum Market Value set forth in the Assessment Agreement. (b) In order to.facilitate the obtaining of financing for the construction of the Minimum Improvements, the City agrees that it shall agree to any reasonable modification of this Article VIII or waiver of its rights hereunder to accommodate the interests of the holder of the First Mortgage, provided, however, that the City determines, in its reasonable judgment, that any such modifications) will adequately protect the legitimate interests and security of the City with respect to the Project and the Development Program. The City also agrees to consider such modification(s) of this Article VIII with respect to other holders, and to agree to such modifications if the City deems such modification(s) necessary and reasonable. W ARTICLE IX PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION Section 9.1. Status of Developer; Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that prior to the Termination Date, the Developer .will-maintain its existence as a limited partnership and will not wind up or otherwise dispose of all or, substantially all of its assets; provided that the Developer may sell or otherwise transfer to a partnership or corporation organized under the laws of one of the United States, or an individual, all or substantially all of its assets.as an entirety and thereafter wind up and be discharged from liability hereunder if the transferee partnership, corporation or individual assumes in writing all of the obligations of the Developer under this Agreement and the Assessment Agreement./ Section 9.2, Prohibition Against Transfer of Property and Assignment of Agreement. The Developer represents and V. agrees that prior to the Termination Date: (a) Subject to Article VIII of this Agreement,-except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer.or any successor in interest to the Development -- Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and-any other-purpose authorized by this Agreement, the Developer has not made or created and will not make or create or, suffer to be made or created any total or partial sale, assignment,, :conveyance, or lease other than in the normal course of business, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: WJ Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. Any.proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for 'itself and its successors - and assigns, and expressly for the benefit of the City,aa. s„ expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject (unless.---the Developer agrees to continue to fulfill those - obligations, in which case the preceding provisions of this Section 9.2- (b -)-( ii) shall not apply) ; provided, however, - that the- fact that any transferee of, or any other successor- in interest whatsoever to -, the-Development . . Property, or any part thereof, shall- not, for whatever reason, have assumed.such obligations or so agreed, and shall not (-unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the City) deprive the City of any rights.or remedies or controls with respect.to the Development Property-or the construction of the Minimum Improvemen.ts:;.i.t being the intent of the parties as expressed in this Agreement that (to the fullest-extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, .or change with respect to, ownership in the Development Property or any part thereof, or any. interest-- therein, however consummated or occurring, and whether voluntary or involuntary, shall- operate, legally or practically, to deprive or limit the City of or with respect to -any rights or remedies or controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the City would have had, had there been no such transfer or change. In the 30 --absence of specific written agreement by the city to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. There shall be submitted to the City for review and prior written approval all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article IX. City shall review such instruments and. documents without unreasonable delay and if the City.approves such transfer shall release the Developer from this Agreement. Section 9.3. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Section 9.3, the "indemnified parties ") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at-or about or resulting from any defect in the Project. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising (i) from any violation of any agreement or condition of this Agreement (except'with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement} or (ii) the acquisition, construction, installation, ownership, and operation of the Project or (iii) any hazardous substance located in or on the Development Property. 31 (c -) - -The indemnified parties shall not be liable for persons or r any damage or injury to the P property of the Developer or its officers, agents, servants or employees or an person who may be y other y about the Project due to any act of .negligence of any person, other than an act of art of an Y negligence on the P y such indemnified led party or its officers agents, servants or employees. (d) All covenants, stipulations, romises re obligations of t P � a g ements and obli g he City contained herein shall be deemed to be the covenants, stipulations, romises a re obligations of the � � g ements and g e City, respectively, and not of any governing body member, officer the City , agent, servant or employee of y in the individual capacity thereof. (e) The provisions of this Section 9.3 shall survive the termination of this Agreement. Section 9.4, Approvals. Any approval of a- transfer of interest in the Developer, this Agreement, .or the Development Property required to be given by the City under this Article - IX may be denied only in the event that the City e determines that the ab' Y asonably ility of the Developer to perform its obligations under this Agreement and its statutory duty, as owner, to. pay ad valorem real.property.taxes assessed with respect to the Development Property, or the ov erall financial al security provided to the City under the terms ' of this Agreement, or the likelihood of the Minimum improvements P ments being successfully constructed and operated pursuant to.the terms of this Agreement, will be materially impaired'by the action for which approval is sought. Section 995. Transfer and city y Payment-, in the event that prior to the Termination Date the Developer Develo merit Property transfers the- P p y in accordance with the provisions of Section 9.2 the Developer shall a to the City s' s P y y imultaneously with such transfer an amount calculated as follows: (insert equity kicker formula) 32 -- ARTICLE X EVENTS OF DEFAULT Section 10.1. Events of Default Defined* shall be "Events fined. The following ents of Default" under this Agreement and the "Event of Default" shall mean when term ever it is used in this Agreement, any one or more of the following events: . (a) Failure by.the Developer pursuant to P to timely pay P Article VI of this Agreement all ad valorem real property taxes assessed with r to the Develo merit Pro respect P Property, or to pay any shortfall in Tax Increments derived from t merit Pr he Development Property as required by Section 7.4 of this Agreement. (b) Failure by the Developer t p o cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms conditions and limitations of Article cle IV of this Agreement. - (c)- Failure by the Developer to rove P cause the Minimum Improvements ments to be reconstructed when required pursuant to Article V of this Agreement. (d) Transfer of an interest ' Y in the Developer or the Project In violation of the provisions of Article IX of this-Agreement, (e) Failure by the Developer substantially observe or perform any other covenant • obligation or a condition, g agreement on its part to be observed or performed under this Agreement. (f) The holder of any Mortgage on the Development Pro P Property, or any improvements thereon or any portion thereof, commences foreclosure proceedings as a result of any default under the a pp licab le Mortgage documents. (g) The Developer shall (A) file any petition in bankru tc for any or reorganization, P Y g on, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the 33 __United States-Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (B} .make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated 'a bankrupt or insolvent; or if a petition.or answer proposing the adjucation of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not. be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or of the Project, or part thereof, shall be -appointed-in any proceeding brought against -the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment. (h) Failure of the guarantors to pay any sums due and owing under the Guaranty. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in -the case of an Event of Default under subsection (g) or (h) of said Section 10.1) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot be cured within thirty (30) days and the Developer does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by.the City, that the Developer will cure its default and continue its performance under this Agreement. 34 (b) If prior to purchase of the Development Property by the City, the City may cancel and rescind this Agreement. (c). The City may draw upon any guarantee or security provided to the City pursuant to any of the terms of this Agreement according to its terms. (d) The City may take any action, including legal or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In.the event any agreement contained in this Agreement should be breached by any.party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be- deemed'to waive any other-concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. 35 ARTICLE XI ADDITIONAL PROVISIONS Section 11.1. Restrictions on Use. The Developer agrees for itself, its successors and assigns and nd every successor in interest to the Development Property, an P Y� or Y part thereof, that the Developer and.such successors and assigns shall devote the Development Property o and in • the uses specified Y � .accordance with, p .if ied .in this Agreement. Section 11.2. Conflicts of Interest. No member governing body r other of the Y of ficial of the City shall have an financial interest, direct or indirect Y ment P � in thin Agreement, the Development Property or the Minimum Improvements, or an contract, agreement or other transacts Y on contemplated to Occur ..or be undertaken thereunder.or with respect thereto, any such member of .the p ereto, nor shall he•governing body or other official participate in any decision relating o • affects his g the Agreement which or her personal interests or the interests of an corporation, partnership or association in which he or she iY s_ directly or indirectly interested. No member, employee of the i r, official or Y City shall be personally liable to the City n the event of any default or breach.b the y y Developer or successor or on any obligations under the terms of this Agreement. Section 11.39 Provisions Not Me reed With Deed. None of the provisions of this Agreement shall be merged by reason of any deed transferring any interest in the Development or a such de Property . .n y• deed shall not be deemed to affect or impair th provi.si.ons . and covenants of this p e Agreement. Section 11-4., Titles of Articles titles of the several parts, articles Agreement are inserted for convenience shall be disregarded in construing r provisions. g and Sections. Any and sections of the of reference only and interpreting any of its Section 11.5. Notices and Demands. Except as otherwise expressl Y P rovided in this Agreement, a notice, demand or other communication under this Agreement b g Y any party to any other shall be s i . sufficiently iciently given or delivered f it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personall and Y, (a) in the case of the Developer, is addressed to or delivered personally to the Developer at: 36 Reks t:ad _ Resources I c-/o--Howard Rekstad 5396 N. Lexington Shoreview, MN 55126 (b) in the case of the City, is addressed to or delivered personally to the City at; City of Maplewood 1830 East County Road.B Maplewood, MN 55109 (c) in the case of the holder of the First Mortgage, is addressed or delivered personally to the address supplied; or at such other address with respect o any such party as that party ma y fr, om time to time, designate in writing nd forward to the .other, as P n provided i this Section g . Section 11.6.. Counterparts. This Agreement may be executed in any number of counter h counterparts, each of- which shall .constitute one and the same instrument. Section 1197. Modification. If the Developer is requested by the ho 1 der o f a p Mortgage or by a prospective holder of a prospective Mortgage to amend or • Agreement i g supplement this g, n any manner whatsoever, the City will in good faith, consider the request with � g unless q a view to granting the same the•City, in its reasonable judgment, conclude such mode f icatlon i s that s not in the public interest, or will significantly and undesirably eaken the • provided t y financial security p o the interests of the City by the terms and provisions of this Agreement., Section 1198. Law Governing. This Agreement will governed and constru g 1 be ed in accordance with the laws of the State. Section 11.9. Legal Opinions* on Agreement, each U art —" p party shall, upon request supply the other party with an opinion of the effect that this i Agreement s legally b 9 y, and valid and binding upon, such art, terms. accordance with its p 37 execution of this of the other party, its legal counsel to issued or executed and enforceable in [ a Sect -ion 11.10 City Approvals. Any approval, execution of documents, or other action to be taken'by the City pursuant to this Agreement, for the purpose of carrying out the terms of this Agreement or, for the purpose of determining sufficient performance by the Developer under this Agreement, may be made, executed or taken by the Mayor and City Manager without further approval'by the City Council.. The City Manager may, but shall not be 'required to, consult with other City. staff with respect to such matters. Section 11,11. Termination, This Agreement.shall remain in effect until the earlier of the Termination Date or the date the Bonds have been paid in full. 38 0 @ ARTICLE XII COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS ..Section 12.1. Hold Harmless and Identification. The Developer agrees to indemnify and hold harmless the City from any claims, losses, costs, expenses or damages resulting from the acts or omissions of its officers, agents and employees relating to activities conducted by it under the Ramsey County Community Development Block Grant Program Agreement between Ramsey County and the City of Maplewood for the Cottages of Maplewood_ Limited Partnership project (the "Block Grant Agreement "), the Act (as defined in the Agreement) or the .Regulations (as defined in the Block Grant Agreement). Section 12.2. Nondiscrimination. (a) General. The Developer shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, marital status,. race creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964; Title VI; Civil Rights Act of 1968; Title VIII; Executive Order 1106 -3. These requirements are summarized in the following paragraphs: s .(b) Program Benefit. The Developer shall not discriminate against any resident of the Project on the basis of race, color, sex or national origin. (Civil Rights Act of 1964, Title VI: Civil Rights Act of 1968, Development Act of 1974) ; (c) Fair Housing.* The Developer shall take necessary and appropriate actions to prevent discrimina- tion in federal assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1968, Title VII; Executive Order 11063); (d) Notice: In advertising for employees, goods or services for activities under this Agreement, the Developer shall utilize minority publications in addition to publications of general circulation; 39 shall comply Barriers Act Architectural Barriers, with aesign requirements of 1958 (42, USC section The Minimum Improvements of the Architectural 4151). 12.4, Lead -Based Paint Poisoning. The Developer shall comply with the HUD Lead -Based Paint Regulations P t. 24 CFR ( 35) issued pursuant to the Lead -Based Poisoning Prevention Act (42 USC sections 4831 et seg.).requiring prohibition of the use of lead -based paint (whenever. funds under this Agreement are used directly or indirectly for construction, rehabili- tation or modernization of residential structures); elimina- tion of immediate lead -based paint hazards in residential .structures; and notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. 12.5. Public Information. The Developer shall comply with the following: (a) In all news releases and other. public notices related to the Project, the Developer shall include in f ormat ion - identifying the source of funds as the Ramsey County Development Block Grant Program; and (b) the Developertldetermines to erect a sign on the Development Pr02erty such sign shall conform to Ramsey County specificationSarrelating to CDBG funded , ro.,j ec t s .. w 12.6. Records. If requested by the City, the Developer shall provide the City with the information requested by the City so that the City can comply with the requirements of the Block Grant Agreement. l� 12.7. Rental Requirements. The Developer shall execute a.Declaration of Restrictive Covenants dated as of May 1,. 1989 and shall comply with Section 5 relating to the rental requirements required by the Block Grant Agreement, 12.8, Repayment of Community Development Block Grant. In the event that the City is required to repay the Community Development Block Grant the Developer shall, upon demand of the City, pay the City the sum of $252,500 or such lesser sum as the Cit is required to o v. � "{ 40 IN-WITNESS WHEAEOF, the City has caused this Agreement' g ent to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be. duly.executed in its name and on its behalf, on or as of the- date first above written. CITY OF MAPLEWOOD, MINNESOTA By By (SEAL) Its-Mayor Its Manager This is a signature page to the Development Agreement b and g y between the City of Maplewood, Minnesota and Cottages of Partnership, Maplewood Limited Partn g 41 COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP //By Rekstad Resources. Inc., A` general partner By_ Its, This is a signature page to the Development Agreement b p g y and between the City of Maplewood, Minnesota and Cottages of Maplewood Limited Partnership. 42 STATE OF MINNESOTA} }• ss COUNTY OF ) This instrument was acknowled ed before me g on 1989, by and as the Mayor and City Manager, . respectively, of the Cit . of Ma Maplewood, Minnes ota, a municipal corporation and.political subdiv.isi.on organized and existing under the Constitution and haws of the State of Minnesota. This is a signature page to the Development Agreement b p g y and between the City of Maplewood, Minnesota and Cottages of Maplewood Limited Partnership. 43 STATE OF MINNESOTA) )� ss COUNTY OF ) This instrument was acknowledged before me on , 19 8 9 , bye ._ the of Rekstad Res_ Inc., the general partner of Cottages of Maplewood Lmi.tted.Partnership, a Minnesota limited partnership. Notary Public This is a signature page to the Development Agreement by and between the City of Maplewood, Minnesota and Cottages of Maplewood Limited Partnership. 44 EXHIBIT A Description of Development District On file in the office of the City Manager EXHIBIT B Description of Tax Increment ,Financing District 516K EXHIBIT C ASSESSMENT AGREEMENT THIS AGREEMENT, dated as of this day of Av.1 il 198.E by .and among the City of Maplewood ( the "City"), Cottages of Maplewood Limited Partnership (the "Developer"), and the Assessor for Ramsey County (the "Assessor "): WITNESSETH WHEREAS, on or before the date hereof the City and Developer have entered into a Development Agreement dated as ofN)Rpri1 1, 1989, (the "Agreement "), regardin g certain real property located in the City (the "Development Property") which property is legally described on Exhibit A attached_ hereto and hereby made a part hereof; WHEREAS, it is contemplated that pursuant to said Agree -- ment, the Developer will undertake the development of a 59 11.._. unit senior citizen facility and related improvements ( the "Project ") on the Development Property; WHEREAS, the City and Developer desire to establish a minimum market value for the portion of the Development Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; WHEREAS, the Developer has acquired the Development Property; and WHEREAS, the City and the Assessor have reviewed plans and specifications for the Project: NOW, THEREFORE, the parties to 'this Agreement, in consid- eration of the promises, covenants and to agreements made b each g y the other, do hereby agree as follows: 1. Upon substantial completion of, the Project, the minimum market value which shall be assessed for the Project shall be not less than one million eight hundred thousand dollars L$1,800,000)-. The parties to this Agreement expect that the construction of part of the Project will be completed on or before October 3, 1989. C 1 i 2. The minimum market value-herein established shall be- of no further force and effect and.this Agreement shall ter - minate on . 39 This Agreement shall be promptly recorded by the Developer along with a.copy of Minnesota Statutes, Section 469.177, Subdivision 8., attached as Exhibit B and hereby made a part hereof, with the County Recorder of Ramsey County, Minnesota, The Developer -shall pay all costs of recording. 4. The Assessor represents that he has reviewed the plans and specifications for the improvements and the market value previously assigned to the land upon which the improvements are to be constructed,'and that the "minimum market- value" as set forth above is reasonable. 5.. Neither the preamble nor provisions of this Agree - ment are intended-to modify, or shall they be construed as modifying, the terms of the Agreement between the City and the Developer. 6. This Agreement shall inure to the benefit of and be =_ binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the City, the Developer and the Assessor have caused this Agreement to be executed in their .names and on their behalf all as of the date set forth above. THE CITY OF MAPLEWOOD, MINNESOTA (SEAL) By .Its Mayor By Its City Manager Signature page for Assessment Agreement by and among the City of Maplewood, Minnesota, Cottages of Maplewood Limited Partnership and the Assessor for Ramsey County. C 2 COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP By Rekstad Resources, Inc., A general partner By Its Signature page for Assessment Agreement by and amon the City Y of Maplewood, Minnesota, Cottages of Maplewood Limited Partnership and the Assessor for Ramsey County, C 3 } F. CERTIFICATION .BY COUNTY ASSESSOR The. undersigned, having reviewed the plans and specifica- tions for the 'improvements to be constructed and the _marketvalue assigned to the land upon which the im rovements p are to be constructed, and being of the opinion t.hat.the minimum market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market value assigned to such -land and improvements upon completion of the improvements.to be constructed thereon shall not be less than $1,800,000. County Assessor for Ramsey County STATE OF MINNESOTA ) SS COUNTY OF ) This instrument was acknowledged before me on 1989, by , the County Assessor of Ramsey County, Notary Public Signature page for Assessment Agreement by and among the City of Maplewood, Minnesota, Cottages of Maplewood Limited Partnership and the Assessor for Ramsey County. C 4 p STATE OF MINNESOTA ) } ss. COUNTY OF } This instrument was acknowledged before me on .1989, by /. the of Rekstad Resources, Inc., the general partner of Cottages of Maplewood Limited Partnership, a Minnesota limited partnership. Notary Public C 5 1 STATE OF MINNESOTA ) )ss* COUNTY OF ) This instrument was acknowledged before me on 1989, by , the Mayor and the City Manager of the City of Maplewood, Minnesota. Notary Public C 6 _ EXHIBIT A TO ASSESSMENT AGREEMENT Legal Description City of Maplewood, County of Ramsey, State of Minnesota C 7 c x _ EXHIBIT B TO ASSESSMENT AGREEMENT Minnesota Statutes, Section 469.177, Subdivision 8 a 1 EXHIBIT D Legal Description of Development Property City of Maplewood, County of Ramsey, State of Minnesota EXHIBIT E -1 DEVELOPER CONVEYANCE DEED THIS INDENTURE between Cottages of Maplewood Limited ..Partnership, a Minnesota limited partnership, (the "Grantor "), and the City of Maplewood, Minnesota, a political subdivision created pursuant to the Constitution and the Laws of Minnesota (the "Grantee "): WITNESSETH, that the Grantor in consideration of the .sum of two hundred seventy -five thousand dollars ($275,000) and other good and valuable consideration, payable in accordance with the provisions of the Development Agreement ■p r � �r —... —_ _ — __ _ - _ _ _ _ _ _ wn r. _ _._a.x..�- �.:_us.� -x azrs_-- __:.— ��-sssx9w T (as hereinafter defined), does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns. forever, all . the tract or parcel of land lying and being in the County of Ramsey and State of Minnesota described on Exhibit A.attached hereto (such tract or parcel of land is hereinafter referred to as the ." Property ") : To have and to hold the same,\together with the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the Grantee, its successors and assigns, forever, provided as follows: 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement entered into between the Grantor and Grantee on E1 -1 the day of(%April, 1989.. entitled "Development. Agreement" (hereinafter referred to as the "Agreement ") and documents incorporated in the Agreement by reference. The Grantee shall convey this property to the Developer for the making of Minimum Improvements permitted by the Agreement. 2. The Grantor represents and warrants that it has no knowledge of any hazardous substance- located in or on the Property now or at the time right, title.or interest in the r property was first acquired by the Grantor. - IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by general er this _ day of , 19899 - COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP By Rekstad Re. I_nc . A general partner 8y Its E1 -2 STATE OF MINNESOTA ) )r ss COUNTY OF This instrument was acknowledged before me on. , 1-9894 by , the ReCstad Resources Inc., the general partner of Cottages of MaPlew'00-d-Lim-ited Partnership, a Minnesota limited partner -ship. Notary Public E1-3 EXHIBIT E -2 DEVELOPMENT PROPERTY DEED THIS INDENTURE between the City of Maplewood, Minnesota, a political subdivision created pursuant to. the Constitution and the Laws of Minnesota (the "Grantor "), and Cottages of Maplewood Limited.Partnership, a Minnesota limited partner - ship, (the "Grantee "): WITNESSETH, that Grantor in consideration of the sum of one dollar ($ -1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does, hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Ramsey and State of Minnesota described on Exhibit A attached hereto (such tract or - parcel of land is hereinafter referred to as the "Pro.perty"): To have and to hold the same, together with the heredita- ments and,appurtenainces thereunto belonging or in anywise appertaining, to the said Grantee, its - successors and assigns, forever, provided as follows: 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement entered into between the Grantor and Grantee on the 1st - day of/ A ril, 1989, entitled "Development Agreement" (hereafter referred to as the "Agreement"), and documents E2 -1 incor orated in the Agreement b reference. MTh' _ i.s provision shall in no way prevent the Grantee from making transfers permitted by the Agreement or mortgaging this Property in order to obtain funds for the purchase of Property hereby P Y Y conveyed and for erecting improvements thereon in conformity with the Agreement, any applicable redevelopment P lan and applicable. provisions of-the zoning ordinances of the City of Maplewood, Minnesota, IN WITNESS WHEREOF, the Grantor has caused this Deed to- be duly executed in its behalf by its Mayor and Manager and, has caused its.-corporate seal to be-hereunto affixed this day of , 19 8 CITY OF MAPLEWOOD,.MINNESOTA By Its Mayor By Its Manager (Seal) E2 -2 STATE OF MINNESOTA ) SS• COUNTY OF ) J On this day of , 198_, before me personally appeared = and to me personally known who by me duly sworn did say that they are the Mayor and Manager of the City of Maplewood, Minnesota .(the "City "), named in the foregoing instrument; that the seal .affixed to said instrument is the seal of said City; that. said instrument-was signed and sealed on behalf of said City pursuant to---a resolution of its--City Council; and said Mayor and Manager acknowledge said instrument to be the free act and deed of said- City.- Notary Public E2 -3 EXHIBIT F Permitted Encumbrances 1. Any law, ordinance or governmental regulation (including but not limited to building and.zoning ordinances) restricting or regulating or.prohibiting the I occupancy, use or enjoyment'of the Development Property, or.use or enjoyment of the Development Property, or regulating the character, dimensions or location of any improvement now or hereafter. erected on the Development Property, or pro - hibiting a separation in ownership or a reduction in the dimensions or area of the Development Property, or the effect of any violation of any such law, ordinance or governmental regulation. 2. -Rights of eminent domain or governmental rights of police power. _ 3. Defects, liens, encumbrances, adverse claims or other matters: (a) resulting in no loss or damage to the Developer; and (b) attaching or created.pursuant to Article VI of the Development Agreement subsequent to the conveyance of the Development Property to the Developer by the City. 4 Any Mortgage approved or permitted under Section 8..2 of the. Development Agreement and any liens and encumbrances ,permitted under the terms of said Mortgage. EXHIBIT G Minimum Improvements 59 unit senior citizen housing facility G 1 EXHIBIT H Form of Guaranty In order to induce the City of Maplewood, Minnesota (the "City "), to issue its General Obligation.Tax Increment Bonds, (the "Bonds'j some of the proceeds of which will be used to pay certain capital and administration expenses within Development District No. 1 which benefits Cottages of Maplewood Limited_ Partnership, a Minnesota limited partnership ( the undersigned hereby unconditionally guaranteer,jall obligations of the Developer under.that certain Development Agreement between the City and the Developer, dated as ofjjApril 1, 1989 (the "Development Agreement "). No notice of any renewal, compromise or extension of the .Development Agreement or of any modification in the terms of the same need to be given to the undersigned, who.hereby _ consents to each of such acts. The undersigned hereby expressly waive presentment, demand, notice of nonpayment, protest and notice of prote-st-- on any obligation and also acceptance of this guaranty -. The undersigned agree that possession of this instrument of guaranty by the City shall be conclusive evidence of due delivery hereof by the Undersigned. This- Guaranty shall be construed according to the laws of the State of Minnesota,-in which- s "tate ' it shall be performed by the undersigned. - This Guaranty shall terminate when the Bonds have been paid- in full. Dated as of. this 1st day of April, 1989. �f REKSTAD, RESOURCES, INC By Its Howard L. Rekstad - EXHIBIT I Form of Legal Opinion of Developer's Counsel City.of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Re: Development Agreement by and between the City of Maplewood, Minnesota, and Cottages of Maplewood Limited Partnership Gentlemen: As counsel for Cottages of Maplewood Limited Partnership_, a Minnesota limited partnership (the "Company "), and in connection.with the execution and delivery of a certain Development Agreement dated as of 1Mvri1-.-L 19 8 9 _ (the "Development Agreement ") between the Company and the City of Maplewood, Minnesota (the "City "), and_a Guaranty dated as of ADril_.1 x1289, (the "Guaranty" ) executed by %IRekstad Resources, Inc. and Howard L. Rekstad, we hereby render the following opinion: We have examined the original certified copy, or copies otherwise identified to our satisfaction as being true copies, of the following: (a) The Partnership Agreement of the Company; (b) Resolution of the Company at which action was taken with respect to the transactions covered by this opinion; (c) The Development Agreement and the Guaranty; and such other documents and records as we have deemed relevant and necessary as a basis for the opinion set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: I 1 1. -. The Company has been duly organized and is validly .existing as a limited partnership under the laws of the State of Minnesota and.is qualified to do business in the State of .Minnesota. The Company has full power and authorit to execute, deliver-and perform in full the Development Agreement* and the Development Agreement has been duly and validly authorized, executed and delivered by Company the Com an and assuming due authorization, execution a.nd delivery by the other parties thereto, is in full force and effect and is valid and legally binding instrument of the Company P Y enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reor anization or other law's re g relating to or affect.in creditors rights generally. 2. The consummation of the transactions contemplated by the Development Agreement and the carrying out of the terms thereof, will not result in violation of any provsion of or in default under, the partnership agreement of the Company g P Y or any indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order, statute, rule regulation..,- _ or restriction to which the Company is a party or by which it or its property is bound or subject. 3, I[R kstad Resources , In, c end Howard L. Rekstad have full power and authority to execute, deliver and erform in full Guarani P Guaranty; and the Guaranty has been duly and validly authorized, executed and delivered by general eneral p artners and, assuming due authorization, execution and delivery by the other parties thereto, is in full force and effect and is valid and legally binding instrument of the P artners general .enforceable in accordance with its terms, except as the same maybe limited by bankrutpcy, insolvency, reorganization or other.laws relating to or affectin creditors' rights generally. 4. The consummation of the transactions contemplated b P Y the Guaranty, and the carrying out of the terms thereof, will not result in violation of any provision of, or in default -- under., the partnership agreement of the Company or any .indenture, mortgage, deed of trust, indebtedness, agreement judgment, decree, order, statute, rule, regulation or restriction to which the general partners are a'party or by which their property is bound or subject. Very truly yours, 1 2 LAW OFFICES B 1"4G G S ANiD MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE (612) 201-1215 TELECOPIER (612) 222-4071 INCLUDING THE FORMER FIRM OF LEVITT, PALMER, BOWEN., ROTMAN &- SHARE April 17, 1989 Mr. Geoff Olson Planning Director City Hall 1830 East county Road B Maplewood, MN 55109 Action by, Councilz Endorsed.. -.. Modified. !Irajecte Volunteers of America Care Centers of America Project Dear Geoff: Attached is a resolution relating to the Volunteers of America Care Centers of Minnesota project, The resolution grants preliminary approval to the issuance of tax exempt revenue bonds for the acquisition of the Maplewood Care facility. It is proposed that the nursing home be acquired by Volunteers of America Care Centers of Minnesota from Volunteers of America Care Facilities. The two corporations are related corporations and the nursing home would continue to be operated by Volunteers of America Care Facilities, the current operator. This bond issue is being undertaken because of the desire to refinance outstanding taxable indebtedness relating to Volunteers of America Health Care Facilities. Please call me should you have any questions. Very truly yours, le p— Mary L. Ippel MLI:jms:041 Enclosures 2270 MN WORLD TIRADE CENTER 2200 FIRST NATIONAL BANK BUILDING 2400 1 D S CENTER SAINT PAUL, MINNESOTA 55101 SAINT PAUL, MINNESOTA 55101 MINNEAPOLIS, MINNESOTA 55402 (612) 201-1215 (612) 291-1215 (612) 339-0661 a RESOLUTION RECITING A PROPOSAL FOR A NURSING HOME PROJECT; GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX EXEMPT REVENUE BONDS FOR SUCH PROJECT; AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Minnesota Statutes Chapter 469. 152 through 469. 165 (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment, (b) The Act further states that the welfare of the State of Minnesota further requires the provision of necessary medical and health care facilities to the end that adequate health care services be made available to the residents of the State-.at reasonable costs; (c) Factors necessitating the active promotion and development of such medical and health care facilities are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of medical and health care services required to meet the needs of the increased population; (d) The City Council of the City of Maplewood, Minnesota (the "City ") has received from Volunteers of America Care Centers of Minnesota, a nonprofit corporation (the "Company ") a proposal that the City issue its tax - exempt revenue bonds (which may be in the form of a single note) (the "Bonds ") pursuant to the Act to finance the acquisition of the Maplewood Care Facility currently located in the City and owned by Volunteers of America Care Facilities (the "Project "); (e) The City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives; (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the acquisition of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced; (g) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; and (h) Before proceeding with consideration of the request of the Company, it is necessary for the City to hold a public hearing on the proposal pursuant to Section 469.154, Subdivision 4 of the Act, NOWT THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to (a) the proposal of Company that the City undertake the Project pursuant to Chapter 469.152 through 469.165 of the Minnesota Statutes, consisting of the acquisition of the Project within the City suitable for the continued and increased operation of such facilities, and (b) the execution of a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, Y so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Bonds in the total principal amount of approximately $4,245,000 to be issued pursuant to the Act to finance the acquisition, renovation and expansion of the Project. Said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Bonds; and the City hereby undertakes preliminarily to issue its Bonds in accordance with such terms and conditions. 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 2(d) of Section 469.153 of the Act; that the Project furthers the 2 purposes stated in Section 469.152 of the Act; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project will be to help the City retain health care and nursing home facilities and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community. 3. In accordance with Subdivision 4 of Section 469.154 of the Act, the City Clerk of the City is hereby authorized and directed to cause public notice of a public hearing for the Project to be published in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing (May 22, 1989) , in the form re ared b P P Y .bond counsel which notice shall describe the general nature of the Project, estimate the principal amount of the Bonds to be issued to finance the Project, and establish as a date for such hearing a date which is acceptable to the City and the Company. The City Clerk is also hereby authorized and directed to prepare a draft of the proposed application to the Minnesota Department of Trade and Economic Development for approval of the Project, and to cause such application to be available for inspection by the public at the City Hall from and after the publication of notice of the hearing. 4. The Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company. 5. Briggs and Morgan, Professional Association, acting as bond counsel, and Dougherty, Dawkins, Strand & Yost, investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval. 3 6. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds ledged to the t t P n hereof, nor shall the City be subject to any payment thereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing P ower of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Bonds shall recite in substance that the Bonds including interest thereon, are payable solely from -the revenue and proceeds pledged to the payment thereof. The Bonds shall not-constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. In anticipation of the approval by the Project and the issuance of the Bonds to finance all or.a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is - hereby author -ized to make such expenditures and advances toward payment of that portion of the costs of the Project as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Bonds if and when delivered but otherwise without liability on the part of the City. Adopted by the City Council of the City of Maplewood,. Minnesota, this 20th day of April, 1989, Attest: City Clerk 4 Mayor STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City f Maplewood Y P d, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my y g office, and that the same is a full, true and complete transcript of the minutes • P of a meeting of the City Council of said City duly called and held on the date therein indicat ed, insofar as such minutes relate to a resolution giving preliminar Y approval to a project. day of (SEAL) WITNESS my hand and the seal 1989, 5 of said City this City Clerk TO FROM: RE: DATE: AGENDA REPORT AGENDA NUMBER Action by Council Endorsed Modified Rejecter nC6 4- Mayor and C i ty Council City Manager w.rr �►� CABLE TV April 14, 1989 The Cable TV Commission, through Councilmember Anderson, has requested that the City develop a plan for use of Cable. This plan does not, and probably should not, be limited to televising Council meetings. It could also include Public Safety and Parks and Recreation related programming, as well as other p ublic meetings, such as Planning and Parks Commissions. MAM :kaz J-- / OP Action by Council ., ITEM J - 1,, Storm Sewer Financi Endorsed Modified ReJecterl There is no Agenda report for this item. Date 4/ Action by Council ,t - AGENDA REPORT Endors r. Modifier TOM City Manager Rejeeted�..... „ Date FROM.:. Assistant. City Engineer '.Keller l l e� Pa k way -Cann t y Road C Water Main -PUb l i c Hearing t CT: DATE: April 17, 1989 The public heaving mail ing 1 ist for the subject project is- ,.herewith sLtb m i t t ed . A resolution to order the preparation o •f plans and . spec if i cat ions is attached. ESA I Jw Attachment 4 RESOLUTION, e ORDERING IMPROVEMENT AFTER F'(..1Bi....IC WHEE'EA i , of ter dUe notice of public hear i nci on the constr UCt i on of water main and appurtenances on COUnty Road C Fore st to Keller Park-way; -tie l l e rt Par~:: way-- --COUn t y Road C to Palm Court Li n d en Lan e, City Pro j ec t 88- i� , a hearing on said 41 ifnprovement in accordance with the notice dUl y given wa"_-.i dUl Y held on April 24, 1.989 , and the caUnc i l has heard al 1 _)er*'S01-1 i :* desiring to be her�rd on the matter. and has f Ul 1 y considered the same NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O MAPLEWOOE19 MINNESOTA, as follows I* That it is advisable, expedient and necessizAr~ Y that -the City of Mapl ewood constr UCt water main and E-IppUrtenancE:-{:� on County Road C--Forest to Keller Parkway; V::e l l en Pa [. wa --C_ c m y Road C to Palm COUr"t and Linden Lane, City Project as described in the notice of hearing thereof, and orders the same to be aicAde . 2. The city engineer is designated engineer- for this improvement zin d is hereby directed r�ec t ed t o Y prepare f inel pl c--Ans and specifications.* for the making of said improvement. 1 i ' - - MNwNNNrrYrsr.Nwywwp AGENDA REPORT i 1etion bar Council® To C i t y ivI a n a9 1.—% 19ndors e d Modified F r-:Z,OM : A s i stant City Engineer Re j ected. 1 SUBJECT H i l l c�. --rest Scan i t ary Sewer Pro j ec t 86- - .A:.2 Date Assesti tent -Hearinq DATE April 17, 1989 Y The assessment record for the SUb j ect project 1 is herewith --transmitted. Copies of-two assessment appeal forms that have been received are attached. The requested revision of assessment for Mr. .Junek ' s property has already been reviewed. As ex p 1 wined in the attached memorandum from Jim Gessel e , a reduction from nine to seven units is appropriate. The other appeal has nc�t been reviewed. A resolution to adopt the assessment roll is attached. BA I is Attachments A t F, r ASSESSMENT HEARING APP • APPEAL FORM PROJECT NO, ,•- Z Address of Assessed Parcel �- I �t. �� r� ►_ Property Identification Number^ . . c4� -- L C (12 digit number) Do YOU wish to address the city council tonight? (v ) Yes No Please complete this f ar"'m if You intend to appeal to the Council to defer, revise or cit. Y ca must.. be completed eted cancel Your assessment* This P and filed with the form city l erg:. n close. of tonight's city Council y o later will become . as hearing . YOB. ►r thin the.) regUest part of the public hearing .record . x . rRegL.te st that the city count Y i consider (check: one) • C w......) Def erra l of assessment b • C�) Senior Citizen defer ' • meet' Cover 65 years of age) . c ��..._...) Cancel 1 at ion of assessment d Revision of assessment Reason for the r^egUest T) • . 7 (: q_ v r c (Print Name) (Signature) 1 (Crate) � LiNoz-Vc- t\�-FL- u P,,- VEZ (Address of Property — , •� .--. p ty Owner) Telephone Zip )`-I ! 1 C.o,.�z..�-/ �� I.C. P..'.� I D z.4 ci yo) Vic blv- VkA r ' - � l s -� tn" LS 1 ire. -'s CA. V_ � 0 ' . ; � �.,.. Y cd s s Z, s IZ. Q_ I) I e, kt fzs) PA c) s cir J Q r I I)v V CGL F °� �� 1' i�� ,. < <�L• `,� 1. � VrIc- - I 5 C_ �i • t\j 4` , b 't � � r� `�i.. -4. �h'��.9r4 ,C�� • t:\ T Tr ��' `i•li t J Y .3. ai... y�a y: .. +^I 5 ...e } r. � �`l <.?i�• s. � i f 5 .y r "� i, }, r. .1 �: .8. "�. atsY4� �� e s h .t �, ;, i. f. _ ' . r f ,v� r -: . , W.,,¢ t -..- '.- . +e. w tit ' � .• -: '" ., :.: � ,..,. � �, c. ,. „vT�l •a {� t ..�" � Ji'h., r a , ,.rFS.� . � e�,( u�`F � T A ., i .� . �'z!�I� f:f. r ra` �i `,s4'r't t � .eZ tr �. `tr , r1i't , h . f. � , � . .�, d' �. ;.,r.k p -y! 3'• qua 1e..t X. �r'�" .Y �4�iK"ki ,r J'O; 1� `:'9tyr '' a i+ ,.Y i'. i .1 �. tt1'a� � `.� , �:7 r�,f' %. .'f bf J .•� �..� ,.� .�. '�j� e"�. 1► f. ,,i . ;' ,r G ! s1 • .e W �,.�.. •{�..tt' '�. .. Y�r^aNr �M. ° ��,gyNy .5. '1� d +Y. ' R 'k 'iC'f ' A '.'s. .{ a s .f b�}> " ✓. ,' -i:_ •, s'�' t `i .r *'Yt {, .i w. � >�'t i.,.,. p .r�+ `A 6�is .s , j. n 1{ r, ".4 rdj a.,r., ;y. ,x . .t 9 er 3•+p 'yam zY2 3, '�..., �g I}s,'.• « s'%►. l! v��rd .l.l.:�'A'..:5�.{i#�:�.S k,f�.4a��:t�fi.F... r. �_r. �. .- w�. ,. _,.,, ra •. �.'�•i....a' +_+...��,vs'. �Ai+`:2..�!�: ".•.,«.,_�.ir .. .: 7t �. �.a`1. �. _ -.,d'; .r�, - .....+u'SS6 sa�xl'�i�� i ihl��..fir'.� «e� i S ASSESSMENT HEARING APPEAL FORM • PROJECT N0.86 -22 Address of Assessed Parcel 1300 No MCKNIGHT RD, ST. PAUL 55119 Property Ident if icat ion Number: • 2 4 29 22 _ 31 _ 0003 ( 12 digit number) Do you wish to address the city Council tonight? (x-) ( > Yes No Pl gase comp 1 ete .this form if you intend to appeal to the city counc i 1 to defer, revise or cancel your assessment. This form must 'b.e completed and filed with the city cl erl %- no later than the close of tonight's city council assessment hearing Your request will become part of the public hearing record. Z request that the city coUnc i 1 consider (check: one) : a .. C ,) Deferral of assessment b . C,,,) Senior Citizen deferment (over 65 years of age) c . C.,) Cancel 1 at ion of assessment do Revision of assessment Reason for 'the request: We feel the sanitary sewer units for this property too high due to th .. Y are g e fact that we have about 7 acres of wetland and another 2 acres not usec •�bl.e because of new McKnight Rd (slopes,, roadway and water min easements) we also have about 2 acres more taken u b the pipeline eas�nen . P Y p pe t. ii BSCN ASSOCIATES LIMITED PARTNMSHIP (Print Name) (Signature) (Elate) - -~ 1300 MCKNIGHT ROAD N (612 ) 777 -3132 (Address of Property Owner) Telephone MAPLEWOOD , MN • Zip 551193127 I MEMORANDUM TO: Bruce Irish FROM: Jim Gessele SUBJECT: Project 86-22P Hill crest Trunk Sanitary Sewer Assessment /Junek Property (PIN 24-- 29- -22-- 21- -0054) DATE: Apr i 1 10, 1989 When assessments for Project 86--03 Water Service District 6 were levied, . the above referenced parcel was assigned 16 assessment units. This figure was determined in part by a proposal from Cave. Development to Mr. Ed Junek, owner of the parcel, for developing nine lots on a given acreage. The remaining acreage was deemed to sustain assessments of seven units. Since that time Cave Development has platted seven lots instead of the intended niner all on the same given acreage. The city's intent in assessing Hillcrest Trunk Sanitary ewer was to a � y assign the same number of units to parcels as those assigned under the Water District 6 assessment. It would be unfair to assign any more than the seven units or ig inally agreed to for the remainder of the Junek parcel, The city should reduce the units for this parcel from nine, to seven. JG aw cc: Mr. Edward Junek 2436 Larpenteur Ave. E. Maplewood, MN 55109 � . ` ^ ' . RESOLUTION ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to* proper notice duly given as required by law, the city council has met and heard and passed upon all obJections to the proposed assessment for the construct ion of Hillcrest trunk ` sanitary sewer as described in the files of the city clerk as Project 86_22, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED ��Y THE CITY COUNCIL OF MAPLEWOOD M%NNE SOTA: ' ' l Such d . propose 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 thereinv 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 installments extending over a period of 20 years, the* first of the installments to ' be payabl e on or after the first Monday in January 1990, and shall ..` bear interest at the rate of nine (9~0) percent per annumfrom the date of the adoption o+ this assessment resolution. To the first .' installment shall be added interest on the entire assessme't from the ' date of this resolution until December 31, 1989. To each subsequent ' interest f installment when due shall be added int t | . or 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 assessmentvs 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 improyementv when changed conditions relating to _ Such properties make s' h assessment feasible. . 4. To the extent that this improvement benefits nonabuttinq 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 v 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 improvements. . 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be 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. 'or! by C��pjjtt �]Endorsed,---- Modizieo...~__~., MEMORANDUM Re1ect Date TO: City Manager FROM,: Thomas Ekstrand, Associate Planner SUBJECT: PARKING AUTHORIZATION9 REZONING9 STREET VACATIONS, AND APPEAL OF SIDEWALK REQUIREMENT LOCATION: 2582 White Bear Avenue (Bechm / 's) APPLICANTS: Todd L. Bachman, Duane and Ruth Allison (applicants for street vacation) and Staff OWNER: Todd L~ Bachman PROJECT TITLE: Bachman's on White Bear Avenue DATE: March 31, 1989 SUMMARY INTRODUCTION 1' The applicant is requesting City Council authorization for 198 parking spaces (123 fewer than code requires) . [ode requires 321 spaces, but allows the Council to approve a lesser number. This is requested as part of Bachmam's remodeling of the former Windsor Nursery site. 2. The applicant is also requesting City Council approval of the vacation of Edgehill Road (15th Street) and a rezoning to BC, Business Commercial for German Street, which is proposed for a driveway to County Road C. 3. The applicant is also appealing the Design Review Board's requirement for a sidewalk along White Bear Avenue. Allison's Reguest Duane and Ruth Al}ison are requesting the vacation of237feet of Edgehill Road lying west of Ariel Street so that they can widen their property to create two buildable lots. Refer to the map and I etter on pages 7 and 12, Staff 'S -Reg test Staff is requesting the vacation of the remainder of Edgehill Road west of that part proposed for vacation by Mr. and Ms. Allison, BACKGROUND (Bachman Is) On January 24, 1989, the Community Design Review Board condition- ally approved Bachman's plans and recommended that Council authorize 123 fewer parking spaces than code requires" The Board required that if a parking shortage develops the applicant shall provide additional parking spaces, subject tc._the City Council's requirenments. The Board al so required that the applicant shall provide a hold harmless agreement waiving the City of any maintenance or 1iability responsibility due to the private use of this public right-of -way. The agreement is to also state that the applicant agrees to abandon their use of this right-of-way upon notification by the City and review by the City Council -^ CRITERIA FOR APPROVAL Zone Change Subsection 36-485 requires four findings to approve a rezoning. (Refer to the resolution on page 15.) Street Vacation Chapter 412.851 of state law states that "Council may, by resolution, vacate any street . . . if it appears to be in the public interest to do so Parking Authorization Code gives no criteria for approval . DISCUSSION The owner of 1934 County Road C had objected to the driveway to County Road C. Since then, Bachman's has agreed to purchase this property. The drive would allow for safer access to the Bachman's sits. ` The Edgehill Road right-of-way is not needed for traffic circulation. The only concern, though, is that the westerly 82.84 feet of Edgehill Road would not transfer to Bachman's, but to Ramsey County, who owns the adjacent property to the south. Since this 30-foot width of Edgehill Road only aligns with the southerly half of the road, the entire width would transfer to the properties to the south. Larry Holmberg, of Ramsey County Parks and Recreation, has stated that he does not see a need for this section of property to be added to county ditch number 18 which lies to the south. The parking proposed seems adequate, based on the applicant's justification on Attachment Four. The applicant should be required, however, to provide additional parking on site should a parking shortage develop, The Cit|, Council will be considering a sidewalk plan as part of the updating of the comprehensive plan by this fall. This plan will determine where sidewalks should be required. In antici- pation of this plan, the City has been requiring developers with potential sidewalks to post a letter of credit or cash escrow to 2 build the sidewalk if approved. If the City decides not to bUild the sidewalk, the money would-be refunded. Requiring sidewalks on both sides of White Bear Avenue would be considered in the plan* RECOMMENDATION 1^ Approve the resclution on page 15 rezoning the German Street right-of-wey to BC, business commercial. 2. Adoption of the resolution on page 13 to vacate the unimproved Edgehill Road right-of-way located between Whits 'Bear Avenue and Ariel Street. Approval is in the public 'interest because: a. The street segments are not needed for area traffic circulation or emergency vehicle access. b a Al I adjoining properties have street accessU Before a building permit is issued for Bachman's expansion, the applicant shall do one of the following: a . Obtain an access easement from Ramsey County topermit access across the County-owned portion of vacated right-of-way; b. Acquire the County-owned vacated right-of-way; C . Submit a revised site plan to the City staff for approval which does not incorporate this portion of vacated right-of way into the Bachman's plan. 3. Approval .o+ a parking space authorization for 123 fewer spaces than code requires. If a parking shortage develops, the applicant shall provide additional parking spaces, subject to the City Council's requirements. 40 Amend the Design Review Board's motion to require a letter of creditor cash escrow to construct a five-foot-wide concrete sidewalk along Bachn'an's frontage on White Bear Avenue. The City Engineer will determine the amount to be escrowed. If the City decides not to construct the sidewalk after completing the sidewalk plans, the money shall be returned to Bachman's. 3 REFERENCE Site Description (Bachman's) l. Site size: 4.8 acres 2" Existing Land Use: Eachman's on White Bear Avenue. German Street and Edgehill Road are both undeveloped rights-of-way. There are no utilities, existing or proposed, within either right-of-way, Northerly: Larry's Live Bait and a single dwelling Southerly: The majority of the property to the south is owned by Bachmoan's. The westerly 82084 feet of the Edgehill Road right-of-way, however, abuts property owned by Ramsey County [1p**n Space for' count)/ ditch number 18. South of the ditch is Mogren Brothers Landscaping and an office building. Easterly: Undeveloped property owned byRamsey County Open Space Westerly: White Bear Avenue and commercial offices Surrounding Land Uses (Edgehill Road West of Ariel Street) Undeveloped property owned by Ramsey County Open Space and Duane and Ruth Allison, Past Action (other Rroperties) 7-14_86: The City Council authorized fewer parking spaces for two automobile service businesses. Jiffy Lube, adjacent to Cub Foods on Rice Street, was allowed to provide 24 rather than 50 spaces and Precision Tune/Tires Plus on County Road D was allowed to provide 38 rather than 53 spaces. 3128-88w Council authorized 61 fewer parking spaces for Menard's at 22eO Maplewood Drive, 2-13-89: Council vacated Oak Avenue which runs east-west adjacent to Bachman's. 1 a Land Use Plan de signation: 4 SC, Service Commercial (Bachman's site) RLv Low Density Residential (Edgetill Road east of German Street) 2* Zoning: BC, Business Commercial ( Bachman , s) R-I Singl e Dwel I ing Residential (Edgehil I Road east of German Street) 3x Ordinance Requirements: Sub sec ti pan '36-22 (a) of the City code requires one parking space for each 200 square feet a+ commercial area and one- space for each 17000 square feet of warehouse. space The applicant is proposing 277600 square feet of indoor retail sales area (code requires 138 spaces), 81000 square feet of warehouse area (code requires 8 spaces) and 35,000 square 'feet of outdoor retail sales area (code requires 175 spaces). 321 spaces are required in total, RaMsey CountX Ramsey County has no objection to these street vacations. Re+er to their I etter on page 11, mb\T..EBACHZC Attg.chments: le Location Map 2n, Property Line/Zoning Map 3w Bachman 's Site Plan 40 Parking Justification for Bachman's 5W, Letter from Larry Holmberg dated December 29, 1988 6. Street Vacation Request from Duane and Ruth Al I ison .7. Resolution - street vacation S. Resolution - rezoning 5 • R 0 0 • o 0 3 W N N Z S T �l o a[ DNS a eLVO i W mom Y f bfARKH M � POND v 7 4 L N a ' N Q J OEMONT AV � BROO AV Idilk z a SEXTANT ai XTAN T AV Q w a GERVAIS Z v GRANOVIEW AV Z Cr W m VIKING 0R Y oucCDCIN AV /�1 F- � N a Co W Q q�o� tYOia 19 x U W cr 0 _ 3 z 19 RADATZ N / V :'A a � W KOHLMAN AV 1 0 Cr z �o c I. T29NI w W 3a 3 3 J _'. .a. v) EDG E HILL. RD 10 w X m 0 ElE f a PJ �k AV GEMAI GERVAJS AV CT TLE AY_ b LOCATION MAP 6 Attachment 1 4 N PROPOSED BC ZONE EXPANSION. 2 30 .. _ _ .. .1954. `o• O - . '� ►= 'S'�3� 5 33 . 8 3 � .. � r (4.1) ► •� „ Y .� 2622 � Z�... S . Io 1�'� •� '•• I 5 •• r i � -- • ,. .33 s.M C (15) (u % 74 Si (14 C. • 3; BACHMAN' ; C 3z) ��s (46_ . .33A4. W r PROPERTY Fla.-S) (35) C-38o s �3 IGQ 2.7 7 ... . z ( 2582 •� � ri ci F � � 17 ♦ le? EDGEHILL ROAD _TO BE VACATED' .; 0 MSE DAot ,�, _ 9 0 CovNTy • �- Z h . , a PR O PFR �. y Q _ 1 - •I 12580_ • 20G 234 v� .114(9.7 3 I �(A7) �1 A 2324 6 728 29 30 L1.1 1 VAC. . r..� �..� '`•E �s )< YA GATE p 1 � � �� — � � , �— — — — 2oG 2s 4 3 J* 7.1 _T C >� Ism 1 i I 1 �■ ■ ■ ■ ■ ■r ■ ■ ■■ l ■ E 06' D E MO N'T 0 3 C�oIC. • .� (3), o OZO � 3e CL 7 t9N CL 0 Iowa low FM OT h �Wihl. '0111FRIW =Fowl- OA k.; v t. AV Ee -a LS na 0 413 v STAFF`$ 7 PROPO DUA ALLISOW9 N E' VACATION — PROPOSED VACPATON fill 7282930 AVE. J - 3 2 1 w ._.l _ W. tr� Q�. PROPERTY LINE /ZONING MAP 4 7 Attachment 2 N • l ... �...�_..�._. _..._i ... _..... _. _. _._ COUNTY ...ROAD ..C. _....... _. _. i I ! 1 lam j+Otlstt7i1E11.. e0 CAR! EXIT , CU3TOMER J EMMAHCE _ rr? ! \ rn !! r = I 1 � � 1 I a a� of N ► 1 �w BACHMAN'S. • - PLAN SI •,l % "'� STREET T 0 BE VACATED AttaC•hment 3 Q N (91 January 19, 1989 .Mr. Tom Ekstrand Associate Planner City of Maplewood 1830 East County Road B Map Iewood, MN 55109 RE: SQUARE FOOTAGE OF SALES AREA PER PARKING SPACE Dear Mr. Ekstrand: Attached is a copy of the parking plan as it relates to the number of parking spaces per square foot of sales area in our Minneapolis and Rochester locations. Because of the .nature of our product mix shrubs., man of which are � primarily large trees and e sod i n an outdoor environment, we use a disproportionate amount of sales area per customer • reta i leas. p transaction compared to most We have found that at both our Lynda le and Rochester • facilities are very adequate, locations- -our parking Y quate. We normally experience about a 20% utilization of the space on a typical weekday and a 50% utilization of the. seasonality of our business on weekends. Because we only see full utilization of facilities on a few weekends in May, but because It is important to us to serve our customers efficiently at these times, we build our arkin requirements t hose periods, p 9 for If you have any questions on our ark i n I 861 -?644. p g pan, please feel free to call me at Si ncerel y, • � -� -�. {,�'1 Zit= -'i`.,..,�.� Todd L. Bachman Chief Executive Officer TLB : cad Attachment JAN 19 (1 V 9 Attachment 4 HACI IMAN `,Ir\j(:I Imil, ■ (,1) 110 1 ', rIPA1 I AV ',()I ► I s. ; �' r:';6 s i ►.'�r; ►; ; ► � ■ f ► � c I ► is �r;� , , BACHMAN'S, INC. SQUARE FEET OF SALES AREA PER PARKING STALL JANUARY 17, 1989 LYNDALE AVENUE /MINNEAPOLIS: INDOOR SALES GARDEN SALES TOTAL SALES NORTHGATE /ROCHESTER: 63,340 square feet 388 stalls = 163 square feet 77,510 square feet 140,850 square feet 388 stalls 363 square feet of ��t �rl�►- a ea �� INDOOR SALES 10,000 square feet — 64 stalls — 156 square feet of � .1Ye a GARDEN SALES 17,000 square feet TOTAL SALES 27,000 et re s ua feet _ 64 stalls = 422 square feeto� 1�'t q - q � d WHITE BEAR AVENUE /MAPLEWOOD: INDOOR SALES 27,750 square feet 198 stalls = 140 square feet GARDEN SALES 39,250 square feet TOTAL SALES 67,000 square feet 198 stalls = 338 square feet 1 TLB:cad -o C, ak ")-vc 6 "a i ( er- 0 �(;� Q O� ea^ �.; � S�e� �r l � r sz-6c �t 3 1 � a ,r e ��.e�- o �e 4t� ; l c� r 10 � RAMSEY. COUNTY PARKS& RECREATION DEPARTMENT 2015 N. Van Dyke Street Telephone (612) 777 -1107 ww+sercourM Maplewood, Minnesota 55109.3796 Grogory A Mock, Dlrotlor December 29, 1988 Mr. Randy Johnson Maplewood Community Development Department 1830 East County Road B Maplewood, Minnesota 55109 Re: Street Vacation - 15th St. (White Bear Avenue to German Street) Dear Mr. Johnson: Thank you for the notice about the above street vacation. We have no objection to vacation of 15th Street or Edgehill Road between German and Ariel Streets If . the City wishes, all streets in the open space site may be vacated. These would include.the fol.lowing,streets. and alleys in Maplewood Addition: 4. - The alleys westerly of east line of Lots 7 and 24, Blocks 1 and 4. The entire alleys in Blocks 5 and 8. - Oak Avenue westerly of easterly line of Lots 7 and 24 in Blocks 1 and 4. ' Edgehill Road between German Street and Ariel Street (Note: Ramsey County does not own Lots 25 -30 in Block 4, which is also adjacent to Edgehill Road). - Conner Avenue between German Street and Ariel Street. - Half of Demont Avenue between German and Ariel. Please keep me informed on how this progresses. Sincerely, I t 11 Larry . Holmberg Attachment 5 Supervisor of Planning and Development STATEMENT IN SUPPORT OF REQUEST FOR STREET VACATION The legal description to may property is.* Lots 25, 26, 27, 28, 29 and 30, Block 4, Maplewood Addition to North St. Paul, Ramsey County. The street we would like vacated is the streed described as Edgehill Road on the attached plat map back to the westerly boundary of Lot 25 (see attached diagram). We would like this 'street vacated because one half of the street would accrue to our property. This would give us enough frontage so that we could divide our property into two buildable lots. The advantage to the City would be the increased tax revenues generated by the eventual addition of two residential homes on our property. There are no plans that the street designated on the plat as Edgehill Road will ever be actually constructed. w . / RUTH M. ALLISON 12 DUANE M. ALLISON Attachment 6 Pursuant. to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and hel.d,i,n the council chambers in said City on the day of 7 19897 at 7 p.m. The following members were present: The following members were absent: WHEREAS I Todd L. Bachman, Ruth M. All ison and Duane M. Al I ison - initiated proceedings to vacate the public interest in the following- described property: Edgehill Road 415th Street) lying between White Bear Avenue and Ariel Street in Section 11, Township 29, Range 22, Ramsey County. WHEREAS, the procedural history of this vacation is as follows: in A majority of the owners of property abutting said street right-of-waY have signed a petition for this vacation; 2w This vacation was reviewed by the Planning Commission on 1 1989. The Planning Commission recommended to the City Council that this vacation be U 3n The City Council held a public hearing on 1 .1989 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements.- The council also considered reports and recommendations of the City staff and Planning Commission. WHEREAS, Upon vacation of the above-described street right-o+ -way, public interest in the property will accrue to the following- described abutting properties: L.-ots 16-30, Block 4; Lots 1-15, Block 5, and Lots 1-11, Block 69 Maplewood Addition. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above-described vacation on the basis of the following findings of fact: 1 a The street segment is not needed for area traffic circulation or emergency vehicle access. 2a All adjoining properties have street access. 13 Attachment 7 Adopted this ' day of , 19898 Seconded by Ayes-- FATE OF MINNESOTA } COUNTY OF RAMSE Y } 88 o } CITY OF MAP LE'WOOD ? I , the undersigned , being the duly qual if i ed and appointed Cl erg: 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 Qf 1989 with the. ors i g i nal on file in my office and the same i s a f ul l , true and comp l ete transcript therefrom i nsof ar^ as. the same relates to vacation of this street right-of-way. Witness my hand as such Clerk and the corporate seal of the City this day of , 1989 City Clerk City of Maplewood, Minnesota 14 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 I at 7 p.m. The fol I owing members were present: The following members were absent: WHEREAS, Todd L. Bachman initiated a rezoning from R-1, single- dwelling residential to BC, business commercial for the following- described property: The 30-foot-wide section of German Street right-of-way lying between the northerly edge of Block Five, Maplewood Addition and County Road C. WHEREAS, the procedural history of this rezoning is as follows: 110 This rezoning was initiated by Todd L. Bachman, pursuant to Chapter 36,, Article VII of the Maplewood Code of Ordinances* 2a This rezoning was reviewed by the Maplewood Planning Commission on 1 1989. The Planning Commission recommended to the City Council that said rezoning be 3e The Maplewood City Council held a public hearing on 198 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: in 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. 3e The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare,, Attachment The. proposed c.hange would have no negative effect upon the logical efficient, and economical extension of.publ i c services and facil ities.,, such as publ 3*.0 Water, sewers, p o l ice and +ire protection and schools, Adopted this day of 198 Seconded by Ayes-- STATE OF MINNESOTA COUNTY OF RAMSEY Ss" CITY OF MAPLEWOOD I, the undersigned, being the duly quali ' f ied and appointed Clerk of the .City of Maplewood Minnesota, do hereby certify that I have cc--A.ref ul I y compared the attached and f oregoing, extract of minutes of a regular meeting of the City of Maplewood held on the day of 1989, with the original on f it e in my off ice and the same is a full, true and complete- transcript therefrom insofar as the same relates to this rezoning., , Witness my hand as such Cl erk and the corporate sea] of the City this day of 9 19890 City Cl erg:: City of Maplewood 16 ` '. TO: FROM: SUBJECT: LOCATION: APPLICANT/OWNER: PROJECT TITLE: I NFoRODUCT I ON Action bY Council: Modifle ' 'Rejected D= MEMO.DU,. City Manager Bob Generous - Planning Intern Preliminary and Final Plat Crestview Forest Drive Marvin H. Anderson Homes Crestview Forest 4th Addition March 15, 1989 SUMMARY The applicant is requesting Council and 'final plat for Crestview Forest map an page 5.) This plat revises Forest Third Addition by replatting well as shifting the north line of northward. approval for a preliminary Fourth Addition. (See the the existing Crestview lot sizes for eight lots as the Addition- boundary DISCUSSION ' The proposed plat does not change the concept or density of the existing plat, nor does it change any of the improvements that exist in the development. The purpose is to allow the builder to increase the size of several units. RECOMMENDATION Approve the preliminary and final plat for Crestview Forest Fourth Addition° Approval is. subject to maintaining established distances to all property lines as specified in the Uniform Building Code. mb Attachments: 1" Location Map 2. phasing Plan 3. Crestview Forest 4. Crestview Forest 5. Letter Third Addition Plat Fourth Addition Plat d , f 39. d LOWER � cc LONDIN o LA PO N 0 v N �p AV oA 39 P z LA 120, (1) MARNIE ST J Cr (� a (I) POND AV Cr E KING oDAY 0 0 MAILAND RD CI Q K R o TEAK- 3 TEAS{- WOOD DR WOOD CT•-J - -J. v� 0A K iRIDOE OR CR cc E IF :. a H I L LWOoO 0 :�.. O pRINGSIDE OR f �. O V ZY t i 0 2 o LINW000 Q T.28N R.22W. S.1I1S.12 AV C� Q S.I S.�3 wao 0 -t AH L � ' Z CT DORLAND O RD J oCr Q � }' Cr g �-- 3: TIMBER a TIMBER LN w PHY IS C Q E CT DR Q VA LL.- 3 E Y VIEW CT �' .Js ViFw av LOCATION MAP 2 Attachment 1 N L C I PHASE # 1 -32 UNITS, 24 ARE SOLD PHASE #2 -16 UNITS, 14 ARE SOLD PHASE #3 -28 UNITS, TO BE STARTED IN 1985 PHASE #4 -& #5 -56 UNITS FUTURE STARTS (1987,414 f 9) o DENOTES SOLD UNIT Co RESTVIEW PHASING PLAN FOREST 3 Attachment 2 9 Lo ° , ^� I I�9 •: '� _ 60 II N 69° 56'44"E 31 . I LLI 66.96 p•1•104 .: ` 1N'•25.43 6•9AO 60 4•Oi'26" - F Y Z 0 ° L N ° V h) LJ ' / iL 0 � n � POND \ P / Ippi E6 ELEV4IIONO I pS Of AUGUST 22, 1960; '0315 FEET a) NA.v.O.•1929) IF .'DtjM \2 4A? o° .2 O F! Pa •? ry60. I O o v 2 5 00. ry. 00 00 STd i- �' J o aN2 I. <i 43y"'jN I N uoi � °_u I ry N rz uul � N b T N3 ,4 a n --- - --- -� - \ - 464�P�N 88 *48'39 'E -' 9UUTN LINE OR NOHT.IMEST 1 9 OF SOUTNE>CF 1,.0f SEC 12 CRESTVIEW FOREST THIRD ADDITION (Final Plat) 4 Attachment 3 .j N N O o< a t M r- mW O "1 4 � N88' 48' 39' E 464.22 20 � Crestview Forest Fourth Addition '(Proposed Preliminary and Final Plat) Attachment 4 5 Q N POND • ao Water Elevation i ! 0 �n as of ( / August 22, 1980 = - 1031.5 Feet (N G.V. D. -1929) M 0_ / �\ \ \ N90 00 00 E 165. 60— -- -- — -- — — — - -- - - - - - - — 0 / \ 72 w 0 0 • V r I / M � cn U1. % U:., / t / - • / / POND Water Elevation os,` C August 2.2,1980 �/ of = 1032.9 Feet (N G VD 1929) � N88' 48' 39' E 464.22 20 � Crestview Forest Fourth Addition '(Proposed Preliminary and Final Plat) Attachment 4 5 Q N mare, nderson BETTER HOMES FOR BETTER LIVING MARVIN H. ANDERSON CONSTRUCTION COMPANY 8901 LYNDALE AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55420 December 29, 1988 Mr. Geoff Olson Director of Community Development City of Maplewood 1830 East Co. Road B Maplewood, Minnesota 55109 Dear Mr. Olson: TELEPHONE 881 -2661 37th Anniversary Today we have applied for preliminary and final plat of Crestview Forest 4th Addition. This is just replatt ing lot sizes of eight lots in Crestview Forest Third Addit ion an existing plat. Due to the changing market in Townhomes, we have found it necessary to increase the. lot sizes to accommodate the needs of our Buyers This revision in these lot sizes does not an change of the g Y improvements that now exist in the development and there is no change in the existing tree cover, In the next phase to the north, which we will be platting in 1989, we intend to increase the size of the lots to accommodate larger units. This will. not change concept or density that exists now. Thank you for your attention in this matter, Any questions, please contact me. FEH : i h Sincerely, MARVIN H. ANDERSON CO ST. CO. c Frederic E. Haas Vice pro i /T_sirra Tlovo l n,•,me,..a- 6 Attachment 5 TO: FROM: SUBJECT: LOCATION: APPLICANT: PROJECT TITLE: DATE: INTRODUCTION Regu_e.st A&ffon UY �ouncilv Endorse MEMORANDUM Mod if i erl ReJ ecterl City Manager Date Director of Community Devel,opment Conditional Use Permit for a Planned Unit Development and Preliminary Plat Approval Beebe Road, North of Larpenteur Avenue Continental Development Corporation, Coon Rapidsq MN Southwinds Apartments March 29, 1989 SUMMARY The applicant is requesting approval of a conditional use permit (CUP) for a 120-unit multi- - family planned unit development (PUD) and a, seven -lot .preliminary plat. They are also requesting that the City delete the requirement for the private road to Beebe Road that runs through this property from the Green Bate apartments. DescriDtion of the Project The PLJD consists of 120 apartment units, including 48 one- bedroo m. 60 two-bedroom, and 12 three-bedroom unitsol A total of seven three-story buildings are proposed on a 12.9 acre site located east of Beebe Road and northerly of Larpenteur Avenue* A total of 246 parking spaces will be-provided with 120 of those being covered. The covered parking will occur in the form of tUck-under garages within each principal building. The proponents propose to subdivide the property into a separate lot for each building so that each lot can be developed and sold as a separate entity. &-_ 4- Reason for the Reoues, A portion of the property apartments. The easterly residence, which does not with a conditional use peg development to a specific require City approval . CRITERIA FOR APPROVAL is.already correctly zoned R-3 for portion of the site is zoned F, farm permit multi -- family development except rnmit for a PUD. A CUP would limit plan. Any changes to the plan would Section 36-442 (b) of the City code requires that approval of a CUP shall be based upon ten findings. (Refer to the findings in the resolution on page 32 a) Section 30-89 minimum subdivision design standards, are the criteria against which subdivisions are evaluated,, DISCUSSION The apartment complex is consistent with the City's comprehensive pl an. Most of the natural vegetation on the east and north sides of the site will be preserved to buffer the homes to the east. The advantage of a conditional use . permit for a PUD over a rezoning is that the developer is tied to a specific plan& The main issue seems to be pedestrian or vehicular access from FUrness, Street and Ripley Avenue across this site. There was an on -go i ng debate in the early 1970s over the purpose or need for the private road easement connecting the Green Gate apartment parking lot to Beebe Road. (Refer to "Past Action" section on page 6 This road is not needed for vehicles. Constructing this road would allow westbound traffic from the 108-unit Green Gate apartments to avoid Furness Street and Ripley Avenue, but would allow eastbound traffic from the 120-unit Southwinds apartments to "cut through" the neighborhood to McKnight Road. The Fred Moore PUD should be revised to omit this condition, especially now, since Holloway Avenue is planned for construction . This,l.eaves the quest.ion of pedestrian accesso Staff is recommending construction of an eight-foot-wide paved trail between Ripley Avenue and Beebe Road to provide access to the school property from the neighborhood. This would also provide a place for the seniors in Archer Heights to walk. This need was identified in the HRA's 1976 survey of tenants. In addition, a sidewalk is needed on Beebe Road, since children on this street will have to walk to school once Holloway Avenue is constructed. They are now bussed. The last pedestrian issue is a trail from Furness Street and Ripley Avenue to Larpenteur Avenue. The developer is proposing a trail to the north end of the parking lot. An additional trail may be desirable from the south end of the parking lot to Larpenteur Avenue. The City of St. Paul owns land for a trail that ends at Larpenteur Avenue. The trail is constructed about 3 1/2 blocks south of Larpenteur Avenue. St. Paul would consider extending the trail to Larpenteur Avenue if Maplewood continued it. The trail should be routed through the parking lot because of poor soils to the east of the buildings and to avoid loss of privacy to residents and loss of trees if the trail were routed east of the apartments. RECOMMENDATION Approve the resolution on page 32 which approves a CUP for a PUB for the Southw * inds apartments. Approval is recommended on the basis that the project meets the ten findings for a CUPO (Refer to the resolution on page 26 for specific findings.) �4 Approval is subject to the following conditions: a, Adherence to the site plan dated 3-27-89 and the conditions approved by the Community Design Review Board. b. All uses shall conform with the R-3 zoning district requirements. c. Noise levels shall not exceed PCA standards at any residential property line. d. No outdoor storage of recreational vehicles, boats or trailers. e° Removal of the proposed roadway connection from Green Gate to Beebe Road through the subject property. f. The trees along the north and eas t property lines shall remain undisturbed. - C . An eight-foot-wide asphalt walkway for public use shall be constructed from Furness Street to Beebe Road The existi ^ ng easement may be altered to allow for �- '''- ' curve � the path if approved'�--'-�'�~ ^" =''"� for s n .. -y Williams Brothers Pipeline An eight-foot-wide asphalt walkway on' at least a ten-foot- wide public easement shall be constructe~~from the east-west path described b t ~ above o Larpenteur Avenue., This trail shall b ---- - ^ e^ e connected to the south end of the parking lot. h. This permit shall be subject to review after one year from the date of approval, based on the procedures in City code. 2. Approve the resolution on page 35 which amends the Fred Moore CUP/PUD by eliminating the south roadway access to Beebe Road. 31 Approve the preliminary plat for Southwinds apartments subJect to the following conditions being satisfied prior to final plat approval: a. Elimination of the original south roadway connection to b. The provision and recording of cross easements running to all lots to allow for the sale of individual lots. 'c. Compliance with all requirements of the City Engineering Department regarding sanitary sewer., and storm sewer services, ' 3 ` d, Final grading, utility , drainage, erosion control and street plans must be approved by the City Engineer. e. Submittal of a signed developers agreement with required surety for all required public streets, utilities, erosion control, walkways and tree planting, f. Drainage easements, as required by the City Engineer, shall be shown on the southeast end of the plat. 4~ Authorize staff to request that the City of St. Paul extend ` their trail north to-Larpenteur Avenue. 4 CITIZEN COMMENTS Neighborhood surveys were mailed to 33 property owners within 3• 0 feet of the proposed devel-opment. 0 f the 10 returned 3 were in favor. .4 were opposed and 3 had no comment. Those in favor made the follow* Ing comments: I like the plan; it is not the ordinary square, flat-roofed buildings which is the norm, but distinct, different d . esign paved or garages Al so 1 1 ike the fact that the devel oper i s allowing more green space and not may the people per acre, 20 It may lower my taxes, ma taxes re people paying* should lower 3w Agree but natural vegetation should be required along the east and north edges of the devel shoul opment and a foot path d be extended from the corner of Ripley and Furness to Beebe Road, Those commenting in Opposition to the project were as follows: is I object to this proposal because -of high apartment vacancy rate and over saturation of apartment complexes, There should be a moratorium on the building of apartment bUildings-for at least 24-36 months. (This comment is from the owner of Green Gate Ap art mentse) 2a. I object to this proposal because I need more information as detailed an the back of this page. a) e in the Elderly? Low-cost housing? 'Etc.? b) Wil I apartments? Who will live there be a vehicular access from this apartment complex to Furness or Ripley, including through existing apartment complexes? 301 We believe the I Property should not be developed for reasons of preserving the wildlife, 4a The PUD does not contain the road or walkway which were Bond imposed on this site n by the PUD's granted on the northern half of the site. k11 REFERENCE SITE DESCRIPTION The subject property is vacant and has a total of 12.899 net acres with approximately 700 feet of frontage on Beebe Road. It has rather irregular topography . Its highest elevation is found at the southwest corner near Beebe Road where it reaches an ,elevation of 11035.5. I t generally slopes from the center of the site t o its periphery, with low areas correlating with poor soils conditions along the easterly edge of the property. There is evidence that unstable soil conditions may exist throughout the site. VESETATION Trees and brush are scattered throughout the subject property. Most of the vegetation is deciduous in nature though there are a relatively small number of large coniferous trees. Major trees are found in the vicinity of proposed buildings 1 and 7. These are large cottonwood trees, two of which are proposed to be preserved and incorporated with the future development. SURROUNDING LAND USES The Archer Heights and Green Sate apartment complexes are located northerly of the subject property.. Green Gate was Phase I of the original Fred Moore development, while Archer Heights was Phase II of that PUD. Lands westerly of the subject property across Beebe Road are vacant. Southwesterly of the site are located four four -p l ex es . The property to the south is occupied by one house and a barn. Lands lying easterly of the subject property and southerly of Ripley Avenue are occupied by single-family homes. and are separated from the PUD by the former Twin-City Lines railroad right-of-way, which is proposed to remain open and undisturbed according to the site plan. P'A'ST ACTIONS: Private Road to Larpenteur Avenue 2-9-68: The City approved a PUD for apartments north of the subject site. No mention of a drive to L.arpenteur Avenue was made. B-7-69: The City approved a revised PUD for the same property. One of the conditions was "that a road south to L.arpenteur be constructed to handle construction traffic and provide another access." (Note: Beeb a Road had not been constructed yet.) 1-22-70: Council approved building plans for Phase I (the site of the current Green Gate apartments) . One of the conditions was "A service road for all construction traffic to Phase I will be required from L.arpenteur Avenue north to the site." 5-11-70: A 22-foot-wide, non-exclusive, perpetual private right Lei Of -Way easement vas approved, 12-17-70: The City approved a revised concept plan for Phase 2 (site of the present Archer Heights apartments). The minutes reflect confusion with the purpose of the private road. (See minutes on page 16. Conditions 2. b. and C. required that "All construction traffic access from Larpenteur Avenue only" and "Na occupancy to any portion of stage one until treet is improved from st a hard surfaced sage one parking areas to Larpenteur Avenue." 10-7-71: The road was discussed again with confusion as to the purpose of the road. The Planner states it was for construction purposes and y. (See minutes on page 20 .) 10-8-71: A letter to the planner from the contractor states that the road was for construction purpose rr . s and would be baicaded. (See letter on page 23.) 10-21-71: Council discussed the road closing and stated that the road should be opened. The question r of paving and timing of the road was referred to staff to reach an agreement with the people involved. (See minutes on page 24 7-20-72: The road was again discussed. The City Attorney stated that the purpose of the road is a matter Of Council interpretationa Councilmen Wiegert and Greavu agreed that a permanent road to the South was . a condition of Phase 1 development. (See minutes on page 26 0) B-23-72: A memo from the planner concludes that this road was i for construction -traf f ic only. (See memo on page 28 5-22-86: The City approved a preliminary plat far the subj t ec site (Southwinds, of Maplewood 2nd Addition). One of the 'conditions stated that "The private dri Bloc veway easement through k Two shall be shown on the final plat in its present I.ocation or relocated as approved • by the City Engineer. This easement shall not be eliminated without approval • by Council of and amendment of the conditional use permit for Fred Moore planned unit development (Forest G rec and er7 however reen apartments)." The county 7 would not allow a private easement to be shown on the plat. PLANNIN6 The property is designated for RM, residential medium density The maximum Population density allowable is 22 people per net acre. The Project density is proposed to be 19-92 people per net acre, TRAFFIC AND ACCESS Access for the development will be to/from Beebe Road via two .,proposed driveway entrances. Beebe Road is not a major street, but it. connects directly to Larpenteur Avenue which is designated as a major arterial in the comprehensive p an .. In 1987, -it carried 7,650 average daily trips (ALIT} in the vicinity of Beebe Road. The project wi I I generate approx imatel y 6 .1 AD . T per unit (ITE Manual It w I I therefore. generate approx imatel y 730 ADT with 85, of those trips being generated during the P.M.. peak hour. The comprehensive plan has taken into account the traffic that will be generated by the subject site. Immediate intersection improvements will not be required to accommodate this project. ked/swinds.mem Attachments' 1 Hillside Plan 2: Property Line/Zoning Map 3 Site Plan 4: Applicant's Memo 5a Bui.lding Elevation 6N Landscape Plan 7a 12-17-70 Minutes 8W 10-7-71 Minutes 98 .10-8-71 Letter 1000 10-21-71 Minutes 11. 7- 20-72 Minutes 120 Memo from Bailey Seida 13. Resolution - Southwinds Apartments PUE1 14. Resolution - Fred Moore PUD 15. Plans (Separate Attachment) ��60 .+........ ... . . OL �� ` �" •'; k••C to* .;�•got S>_ line �--- ---- -- .�.... _ - • -. T *'•T• cz 0 slow M as � r� ' � • `� ' � : , j0r collec L rD c rD C"Ll is �:• � : • N major arterial . LSC cn Hillside - NEIG {1B��:t @iL�aD LAINID USE PLAN AttacVurent 1 p Ul j I D • . .. • L. ! • • . • w .. . . r -.-. •.4 . � ••• 1 . • ... r a 4•r •... - • L I•.. .w„ f •S.I�W�IL. ` -_ �' '�+ _ • ir• wi111.•�..•- -!!M + -..Y ��.4 r. �. l.�r '�_ � �. i�•��..YY 9P � o 3 O U4) awl • 1817 �- 4 1 11 2-0 D _ �► RI t43� 1.9 '\ I\ 185 4 sa \ 1816 �,• • 10 �M oec* ;8S o32.d # 1 Q o Do C" I GS I%?. t M 1.5.5 o►c . ' R 3 12 U. b4 r S d �►r . 2 TOT&I. w i 24 ?.4 S 3.18 ore , ,� �� - - O� 030 •V` `� ; -w wow qi) ars -05 w. '� r o� , si '! G i ' ` 0 3 TitAL L�� '� �Z�•' .32 ac. l .t ac. �i Cs 41 AgC. ti •pro •' 130) T.�,►t 05 E sr�t' 040 -1 8 O /z IOTA %. a 52 Cr Sks _.....}._ • T D 3(9 ,� 6 . -_.... 0 .. _ . . _ .. . { Z.r`3z 1 -S:7&e oTqi. i - 290 1 r� V r � 3 1 r 7 31 - 3 7 , 3.82 o.c.. 1f povio (o ►rT, 1.319 NJ 35 1. (h T 721 - 29 ° 0 -- �- - .J F 1711 - 17 a- O Q fi.ey d lops 2 Q�. •R/1 O �� '� ifi4lt (34) C 1701 - 07 { -- s 41 • - -< so J�O asst. • , 5o ac. 1.03 aC. V �• 8a i C tz t t' t0 �- o-to �S) 2135 -4C (7) $ $ .25 ac. (G) , °'o (44) 1 C4°) (35) 381 377 319.87 - %L 'a 4.4 �� I? I ZONING PROPERTY LINE MAP 0 Attachment 2 C+ C+ W ZONNG DATA ZOMM Puy t Riwo twr oEV LcPM T WYE AREA eeIAW4 SQ". 12ANO ACRES APPAIWI rr UIGT COtNr «....M. 4W. ft "Po..ft "Mown w • 90 • • 4 �• �s _e 4 �r • wn" .• w � TWAL 1M CP APT. UNM 120 NQ (W UWM PEA ACE X10 MMM IEC X4349 I"0 WAXED 2 PM AIPr. tW PftOMIDED 120 OOVEM 1 ZA OP9� TOTAL ?44- �Airr """�'�• APARTMBffS . &l00'rA r- < 9119E ROAD rs ww \ t Mt •' *,►. .._ t_ wr�rr 0 IL �� .. t rn•tw• ra" t" Z W — ! O �4 6 6. ®T • •�• LOT 41 LOT 3 LOT 5 i iTAEET� v so*"" nwn `U t• ODi�ORATiQNI cOOIM 119/11 b LJm! 9 artE otM (PI rrrr�..�w`►� tP�!t_r._,�......_._�...... Al I "M Korsunsky Krank Erickson Architects, inc. 300 First Avenue North Suite 500 Minneapolis, MN 5540 612/339-4200 U D R A O E M N M M M - M PROJECT: Maplewood ewood A a rtments COMM. NO.: 89- 01- 6045 -01 P P TO File, City of Maplewood DATE: January 27, 1989 Planning Commission FROM: Dick Haluptzok SUBJECT: P.U.D. Application for site at Beebe & Larpenteur Roads 1. The site, located on Beebe Road, north of Larpenteur Road, is 12.899 gross acres. Of this area, 1.9 acres is a contained easement for the Williams Pipe Line Company along the north property line. 29 Continental Development Corporation has purchased the property to develop 120 apartment units on a mayor portion of the site. 3. Upon approval of this P.U.D. application, it is the intent of the P developer to plat the property into seven sites each .containing one apart- ment building with enclosed and adjacent on -site parking and including all necessary easements for access and utilities* 4. Disposal of sanitary waste will be accomplished by connection to the city system. 5. Construction and development of the housing facility will be staged and s period of 12 -36 months with buildings being built in numeri an a P P cal order from 1 to 7 as indicated on the attached site plan. Construction will also be dependent on interest rates and market condi t ions. 6. Since the property is currently zoned both Farm and Multi-family and since the City's long range comprehensive plan calls for multi - family at this location, city staff has recommended this application be submitted as a Planned Unit Development. However, zoning requirements such as parking and building setbacks, parking counts and density per acre have been designed to be in compliance with the overriding R -3 zoning. i4 y 12 Attachment 4 The density allowed for this zoning district is 22 persons per acre. The 7. T Y 9 site area is 12.899 acres which allows a total density of 283 persons. The actual density proposed is as follows: 48 one - bedroom units at 1.4 persons /unit = 67.2 60 two - bedroom units at 2.5 persons /unit = 150.0 12 three- bedroom units at 3.3 persons /unit = 39.6 TOTAL 25608 Thu s the proposed density is within that allowed by ordinance* p p Y skt Attachment 13 Mr�l D C+ ct n fD c+ N na 'ii � o'� ii m e °o °m°i � ac Ube �� mei% Ir Me raw mwm w sfim 1� 612M O-4200 3 MAPLEWOW APARTMENTS MN. F::01�T 8�1IAf1�1 N. [Eva. GOFFOM I wet �A one Ito a �fi i f1 lr C I. f h I-T .. W W Q¢ LL 133U.Ls Co Li '� arf W N M ; i Q I f a ' r O z r X - W avow un3IN3ddd'l W Z Cw a t.....� jL�'. Stn ��a i C]e t 15 Attachment 6 Passed this 17th day of December, 1970 by the Council of the Village of Maplewood, Mayo Atte . Ays -S Clerk ays -- 0 Seconded by Counci man Greavu. . NFjnT 13USTNESS H. Ayes - all, 1. Human Rights Commission e Change Request, a. Manager Miller rece e a request from the IIuman Rights Com- mission to change its ame t human Relations Commission, The Commission feels tha the sugg stied name is more reflective of its duties. They a o request je Council reconsider the action taken regarding th 11loose Lodge L' quor License, b. Councilman G eavu introduced th fo1.UwiTI Z_orc ? i i i C-Ince nui ? mol, cd its, adoption: (First Reading) r Ordinance No. 2 Amending Ordinance Relating t Iluman Rights Commission (Name Change) Second d by Councilman wiegcrt. A s all, CIO ouncilwoman Olson moved to sits end the rules rind to reconsider th matter of the noose Lod, e Liquor License at th . January 7 19 71 r nIe _. t if. nr;. econd ed by Councilman INTieger t. Ayes - 11. UNFINTSITED BUSTNTSS (continued) 2. Site Plan Forest Green (continued) a. Village Attorney Lais stated he had reviewed the August, 1969 and the January, 1970 minutes regarding approval of the Fred rIoo. e development. His interpretation would be that a roadwray would he built for access to the site from the south but the wordirig of t:-10 condition regarding the roadway is somewhat ambiguous and is a matter of interpretation by the Council as to what their intent was. 16 Attachment 7 12/17/70 He further stated that this access was a condition of Phase I of the development. b • H ary % y Kaplan, Lan , attorne y for the developer, stated it was his understanding that the Council did not want Phase II traffic to have access to Furness Street. A legal concern had been broug ht up as to restricting access to Furness Street from Phase II and t.nerehy land locking Phase II. To eliminate that problem, consider.at: ion was given to providing some measure of access from Priase LI, prior to development of that area, doNm to Larpenteur Avenue. At that time, consideration had not been given to Mr. Sci.dal s proposal for an over all traffic development but preliminary consideration was given to avoid the land lockinn problem and i t was his impres- sion, and the developers impression, that the specific purpose for the road to Larpenteur was to provide for Phase II access and avoid the problem of, having Phase I1 traffic congesting Furness Street. c. ;lanai ;er Miller sL'�Ztc'd the �'] anning Commission recouunends plan "alternaLe 7A" which includes the extension of Ripley t.hrOULJ t1lc project and Hill IIigh School property to North St-. Paul Roc-id, 11ollowdy to North St. Paul Road and Beebe Load to Ilolloway. 71)1 staff recom -- mends the extension of Beebe to North St. Paul Road and IlolI )wc- y to Beebe it is felt that the opening of :UpleY would (lef ecAt the (:oLCncil s limitation on access to Furness and riali t -of--way thx:ol. ►gh I {ill HiRl' Sch P ool WOUld resent: assessment Problems, 'iiie extensi on or I10110�-7 ;ly past Beebe would 'again present assessment problems Hill. 1n addition one -half of* Beebe north of Holloway is now dedicated and would be the logical extension of the storm sewer system. It is suggested that the Council determine its choice of a street sy tor., and determine if the second plisse of the 1� ores t Green (Y� red i -1oor. c�) P J ro e�: t f a.ts the system. A. s taff report was issued on Novcmbor 16 relative to the project which r ecoinmend ed approval with conditions. Council had requested comments from Ramsey County and North Saint P g aul regarding the proposed traffic pattern, but no tIl ing in writing . had b E. en received. d. Following further discussion, Councilman M egert moved nppro J of the revised conce t elan for Phase II with the s taf r ` s reco�:�cnen- d ations as amended:,, 1. Divide Phase 2 into 2 development stages: (a) Designate Stage 1 as the 69 unit Southerly Portion; (b) Designate Stage 2 as the 123 Unit Northerly Portion; 2. Allow for Building Plan formulation and review to proceed for Stage 1 Portion subject to following conditions: (a) Council approval of detailed design plans for all neces- sary structures in Stage 1; 17 12/17 t (b) All construction traffic access from Larpenteur Avenue one (c) No occupancy to any portion of Stage 1 until a hard sur- faced street is improved from Stage 1 parking areas to Lar-- penteur Avenue; (d) Occupancy allowance for Stage 1 with only a Southerly exit to Larpenteur Avenue. 3. No Building plan approval will be given by the Village Council for Stage 2 until complete and improved access meeting Village Street standards is provided and extended connecting between North St. Paul Road and Larperiteur Avenue, 4. A. dedication of 60 ft. of right --of -way shall be surrendered from the North end of Beebe Road to the north property line. of the Phase 2 tract. This dedication shall be entirely given from the current fee title holder (Mr. Fred Moore), The alignment shall be such that it parallels the jest property line of the Phase 2 tract in its entirety. r1lic responsibil.i ty for this entire improvement as described in this iM reccnn -- mendation shall be borne by the developers of the tract and Mr. Fred Moore. All access to the hill High School prope:-t:y shall be restricted and no access should be allowed. S. The Village should acquire the necessary 60 ft. right of wa31, for the length of Beebe r,,oad and that disLcmice Norlli to E'ortli St. Paul-limits from the tracts north property line. lirrrovec ment of. these portions of the overall street het..,eon Lair - penteur Avenue and North St. Paul limits should be uncler_ tal�e_n and improved by regular condemnation and asset,snient. 6. The site plan shall be revised to indicate the additional 30 ft. st. dedication off the West Side of the Please 2 Tract and the structures indicated shall be so appropriately relocated to conform to this requirement. 7. All of Phase 2 shall be appropriately planned and developed with water and sewer facilities simultaneously with Stage 1 of Phase 2. This utility recommendation means that water a?id sewer shall be planned and installed to adequately serve all of Phase 2 at the same time as Stage 1 is undertaken even. though Stage 2 might not be able to be allowed due to street improvement absences; 8. Stage 1 of Phase 2 shall execute physical development by build - ing permit within 9 months (September 1, 1970) or all of Phase 2 approval shall be automatically recinded by Council. 9. The developers and /or Mr. Moore shall deposit prior to issuance of occupancy permit for Phase I, Escrow Amount of $10,000.00 with the Village to have the Village Engineer perform a utility (water- sewer) study necessary for the Village to adequately service the entire Phase 2 area. The Escrow Agreement involv- ing the Village engineering studies for Phase I shall be re- solved to the Village attorney? s approval. 18 12/17 9 I Seconded by Councilman Gre.avu. Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay -- Councilwoman Olson. Councilwoman Olson vo t ed nay based on the generalities and again will be faced with interpretations that we P ns of this whole thing, - Councilman Wi eger t moved ado t ion of the Planning Commission recommendation for the study of the Fred i'ioo Green Permit re ues tines re vevel a total conce t 1 annina a o m�'i1t or Fores t Broach stud t' Alternate flan 7A, conditionin ti - Sin �e extension of Ri le Road. Seconded by Councilman Haugan.' g Ayes -- Mayor Axd ah 1 Councilmen Greavu, Haugan and t,Tiegert. Councilwoman Olson was absent from • m the meeting when the vote was taken . NEW BUSINESS (continued) 2• Building Plan Review (Medical Clinic) nic) Upper Afton Toad, 7. Manager Miller presented a re U approve building plans q cis t fT. o�n Dr. .Ter_ onin nuf_or. to g p ens for a medical clinic to be e cited o;� 1 rthside of U the Peer Afton Road jus t west of Cen tuXrA �e� 1tt pos I buildi lIg would be l)lor.lc Uui.lclii1 ? _ e+ The i�ro -- dimen,. '.ons of 26 t x 40' o s,, .� l.tl�.1 t ol1', �, ►1.t1� �rr��t r 1040 s quare feet o � - floor- area. b• Admire trator Seida resented P the s to report x-ccamrnendin a _ proval of th building plans with condi g P ores. c• Dr. Jerome K •fer, applicant e - lain _ Dr. Ka.ufer introdu d Gordon Del m, ed the specifics of tI�e plans, m t, representative of Pi�, .. � who stated he did no foresee a problems Pak S tore, p o ler;ls with Dr. I:aufer. entering into an � agreement to u ' lize e 2? f g t. easement, between the proposed Medical Clinic. and the st e for ace ' access drive purposes. d. Councilman Wie;ert m ed r followi_ov�nl of the �.uildiln� PL-ins with the n conditions : �' The mansard roof o be entirely ound the building; accepting aluminum mansar shakes, but it is t to be cun.�;id �_ rc�J �-� pre_ cadent, being flowed because of tale cat; . block be of depth; • the re .&. tine hreatc off. landsc P rear 79 feet e grassed, sub j cct to a api.n plan approval by staff; ob tai ' ngr a bpi d • • L within 30 days; submission o 1 fret, permit f an easement a�;,. dement from Kelton Enterpr' es, Inc. to utilize the 20 ft* strip p ol- access drive purpos - ; moving the building 2 feet west • o m vi g the South park- ing 1 t 5 feet west; moving the north parking to 10 feet north to low backing maneuverabilit - a north parking y of lighting Pl and staff approval of any and b y all on site sign ng. Sgtonded by Councilman Haugan. Ayes - all. 19 October 7, 1971 - Transcript of Discussion on Road to Larpenteur Forest Green: Time Extension Request W i egert (speak i ng of coed i t i ons that were to be f ul f i 11 ed i n Phase I) *How about paving that easterly I eg of the road or the road now used to the south by Phase I - Are we on record saying that there be a Y road going south - one leg to come from Phase I and one to come from Phase II - the construction road - was that not decided to be a permanent road? Bailey: Not a part of Phase I. Wiegert: It is being used by Phase I people, and does re ieve a bUrden on Rip] ey and Furness, etc.. Can it be sol i d i f ied into a permanent access for that Phase I area? Bailey: I'm sure it could. Wiegert: Then would we not be wel I off to have that thing paved before we go through the winter with all the slo 'p and mush coming in the spring, which then would mean they would not use that road, but then would go back to Furness and Ripley. Could we make that part of this whole thing? Is it desirable? Is it proper? Bailey: I gues's may advise would be you could do that - the order.ing of a condition of that nature,, however, is contrary to the condition that was originall'y established. Olson: The Forest Green apartments are advertising in the paper to use Beebe Road to get to this. They have established a condition here, too, by directing people by that. When they do this, then I think there is a public responsibility to see to it that there is a road that is proper. Part of that first phase road to the south was for the construction traffic and certainly at this point if it is for the access, that road should be completed. Wiegert: There seems to be a willingness on the part of the developer to have that road a T-shaped road. I would I ike to get it in writing somehow because I think it's a good solution, Olson: Mr. Moore did say that and I'm not sure he made a firm commitment that the area could be used as a bike path or a walkway for the kids because of the school area; apparently now they are getting chased off . Wiegert: I don't know whether he made a f irm commitment. I'm not even sure he agreed to it. We stated we would I ike to see it done, Greavu: I think it was - we "hold him harmless" if anything happened, 20 Attachment 8 W i egerKt : I think that was the method, yeah. A pedestrian walkway or bikeway, or whatever, across the propert y - as but y ou indicate, he was not firm about it, Olson:, I think h e had some reservations about it7 but I don't think he was opposed to it . I don't know whether we ever pursued it. Wiegert : I don't think it was written in, Greavu : I know we talked about it because he was concerned about the fact, W i egert : (Speaking to rep from Forest Green) What i s our intention regarding the road to the e south and the paving of it? Rep • : I, can only speak as the contractor and I've never been instructed to do so. We do have a stabilized base on it of crushed rock. Whether the owners intend to pave it or not I don't know. Greavu : I would just as soon they pave it if the y are going to use that road for access, Bailey: This was only intended to be a construction road. Wiegert : Right, since then there has been some discussion with the owners that it might be desirable to continue this arrangement, then another leg of that road for Phase II. I t seems to me to be an admirable suggestion - one that should solve lots of problems. I would l i k e to formalize i t as such --• is what I guess we are driving at it Olson: How would Phase II get in there? Wasn't that a part of that motion? Before occupancy P y a pprov�l of Phase I, Phase II portion must be finally resolved in detail and approved and a road south to Larpenteur to be constructed to handle construction traffic and provide another Access. I guess we need an attorney's opinion on what that means. I don't thin:: it has really been resolved,, . W i egert : The original concept was that this be built for construction purposes and then abandoned. The permanent road would be from the west. Now it appears, and it seems to me Mr Moore has accepted this concept and feels it to be a good one that this can be a Y and the fear was the traffic from Phase II would g o to Furness. This read could function to allow Ph ase I access to Larpenteur and Phase II access to Larpenteur and Y shaped. But the fear was if a road were allowed from Phase II to Phase I that they'd head right east; and those people were not entitled t ca this access. This s access could work southerly to the benefit of that property, both Phase I and Phase II and to the residents on the east. I'm sure the residents of the apartment 21 area would much prefer to go south , rather than cut through the neighborhood, Olson:. I would t alp a exception to your interpretation. Your interpretation is not in writing anywhere" What was defined? That is what we have been trying to figure out, W i egert . Okay. I will say then that my i nterpretat i on in sitting here and working on the thing is that that was what was intended; however, that would appear to me, in hater discuss ions , have been changed to what I am saying -- that a Y road is more preferable to the developer and to us and to the neighborhood that he has thought it could benefit him* Otherwise, if that were not the case , the original concept would be preferable. I w ou l d not like to see it closed. I would l i k e to see it made into a proper road and used in a Y shape. 22 MERIDIAN CORPORATION % 730 HENNEPIN AVENUE SUITE 602 MINNEAPOLIS. MINNESOTA 55403 r 1-f-- PNONE: 339.7287 ` V 1971 VILLAGE 0 MAPLEWOOD 8 October 1971 (f r.,.e V tLLftGEr 1Z„ V I LLAr,E W C: . As N& e, Bailey ' e ida � ; 'Y I111aQ' Planner `v V F �V Gs �A � �. VI-_11-age of i•1.p1e�noQ 133 0 frost Maplewood , i l =esota 55109 Lear I x A, . S e.ida. : I discussed with 1,1r_ Don McGlynn of 1,scGlynn- Garffa}cer, the developers of Forest Grp ^n, ttial at �t hr, October 7-th Counc:� l Tr.-- leti.na soTr�� one rric!n�tian. -:d p ivi ncT the cons-'L.71 t this road r;as hu.ilt only for coT j.)tY't1Crt�.r�,1 and tl i:- �1 h= .'t�I��. ; �rJ ��' �'t'r:��l it e-± -63t ir, P. El 11i1G O1� el'�i1�� .C;'? O "!"1� � 1�7I.- 1'tZ'. 1` C: ? 'Z :; ��:: ;1� ('•�C� it ?� � Lr:::t �: LA i• :V ��IrJt< < t �: 1 :��'iiate 5 t % to arid �'f ?' '1.Cr -::1� �:�:�� e'�:1 n ant-, :,, r On OI 'L:U ►�'CCl.l.i�% f �:Il::: %:tY't:'�1 F:r:l� L C,1 Cr •:ir'c..r E:'J �• ?i? I' ?Ve 1I��. tlC to 1 : IVC:' this a -re=p. an l , t- :-eather per.i-iitt ..na col -truction of this s11ould co-Minnr nce no lai.-ter trv_-Lz IEionday, , October _11. l Lr . Frank JacK -son - will be in coil Lact with you also whcn we cournence the tree plantings. The . tree farm that is supplying our trecs for this project has advised us that it is sti.l.l too early in the fall to plant trees. Hoy - ;ever, it is still otrr intention to complete this work after. the first hard frost. If 'there should be any further questions, please do not hesitate to call. Very truly yours, Fe t es f V s DM/ prm cc: McGlynh- Garni- ker 4feeoi 23 Attachment 9 Seconded by Councilman Greavu. Ayes - all. 2; fr. Elmer S takke, 910 E. County Road C, reported to the Council e work �- that as done on the sanitary sewer connection to his mothert,s home at 930 E. County o ad C. Arkon Construction excavated the sewer connection .t the prop erty line and found a railroad log that was there. The connect' . n was re- Paired. Mr George Seidel from B. T. S. C. , consultant engineer firm asked sir. paired. takke to pro fide. water to flush out the sewer service and N S t,azke did this himself a d is submitting a bill for the work he had o do. it Stanke re ues ed his driveway put back in shape and that the `-tanager en- r q --r courage the Sewer artment Foreman to see to it tha Arkon cot.. fete the job. H UN;FINIISHED BUSINESS e uested tha because of the 71at ho ur, Item H -4 be discussed clay o r Axd ah 1 r q . at this time. 4. Request for Improvement of loster P k. a. Manager Miller stated a gr p f young people are present to present a P q petition re uestina full impro ement of Gloster Park, $1,400 is included in the 1972 Budget for the loc do of a pleasure skating rink at that park. b. Mr. Mike Wasluk, who ves in the Gloster Park Area, stated the petition i was for construction of s ating rinks, p easure and hockey* he hockey rink at 11azelG:ood Schoo had been taken d m and he wondered if the boards were available. Volun eers would construct the boards if they could be obtained. C. The youiig peop4c of the area spoke on behal'L�of the request. . d. Councilwom O1 s on moved that the matter o f fir". ovina Gio s ter Park b e referred to s aff to. investiar ate possibilities of wn t car. be done and report back o Council at the next meetina. Seconded Xy Councilman Haugan. Ayes - all. e. Ma or Axdahl cor.Tmended the young men for their effort \as urveying the mmunity to see t��hat the people wished. It was a verthy step on eir part. One of the reasons, in the past, that he ted ajainst i . rovenents, such as buildings in some of our parks, is at we migZt get some operation type of rinks and backstops etc. 1. Planned Unit Development - Phase II (Forest Green) was raised a. Manager Miller stated that at the last meeting the question/of uileth.er or. not the developers of Forest Green had the right to close the road be- tween Phase I of the development and Beebe Road. Since the road is not a dedicated public right -of -way no i=ediate action could 'oe taken to open the roadway. Enclosed are minute records of the development of the Forest Green - Fred Moore project. The attorney has previously stated that the condition of a roadway to the south is a Natter of Council interpretation. mne developers of Phase H have requested a time extension, and staff has . recommended d that that extension be allowed due to the fact that the passim 24 10/21/-11 Attachment 10 Lj -j I of the original deadline date of September 1, 1971 occurred due to re- quirements uirements of the Village. The item was carried over to this meeting in order to clear up the question of whether the road to the south was meant to be for construction traffic only or for all vehicular traffic. b, Councilmen Greavu read his motion made on August 73, 1969 regarding the road: "Councilman Greavu moved approval of the Fred Moore Planned Unit Deg *elop - t rovided there be a 30 foot setback on the East side, that the de - men p e bear the cost of water improvement; 324- is the total number of velop r nits development commence within 15 months for the first phase, that units, p be only at the north and the south ends of access to Furness Street will y the pro�ec , ' t that it will be only three buildings not four, that the second stag. e have no access to Furness Street, occupancy permit for the first on phase only the approved plans by the developer for the second. phase, PP that t a road south to Larpenteur be constructed to handle construction traffic and provide another access, rr C. rianager Miller stated that there has been no order from the Village to close this road. Staff has attempted to contact the officials of the development, but have been unable to do so. d. Harvey Kaplan, attorn e y for the owners of the apartment complex, stated that perhaps, perhapsj mistakenly, the owner thought it was this Council's desire that the road not be used. It was, 'or that reason and no other reason that the road was shut off. fir. Kaplan stated he didn't hsve the author- . speak affirmatively for the o -Ymer, regarding the construction of i ty t o p a ,� road' if it is the desire of the Council to reopen this construction this road he has no reason to believe the owner will not open it. Mayor Axdahl asked if it was the Councils desire that the road be e. �iay _ opened.. Council stated yese f. rir. Kaplan assured the Council that the chain will be removed tomor- � row morning and the road will be open. g. Mayor Axdahl read the conditions stated in the December, 1970 minutes. All construction traffic access from Larpenteur Avenue only; No occupancy to any portion of Stage 1 until a hard surfaced street P Y is improved from Stage 1 parking areas to Larpenteur Avenue; Occupancy allowance for Stage 1 with only a Southerly exit to Lar- penteur penteur Avenue. 1 of Phase 2 shall execute physical development by building Stage ._ permit within 9 months (September 1, 19 71 ) or all of Phase 2 approval shall be automatically recinded by Council." h Councilman Wie g i ert moved to refer to staff the Natter of pavna and • R o the south the eastern. portion of that- road, the timing of the road t � ` for discuss ion between t:Le various DeoDle involvc-c; is 1_o �"ne s tafr attempt to establish an agreement with the developer en this wo?" t Till be feasible. 25 ZO/21 S cond ed by Councilman II aug an . Ayes - all. 2. M or Axdahl asked what kind of format should be u.s at the July 31, 1972 meeting. Counci requested Planning Commission to prep e a presentation, relative to the land se plan. Staff to prepare a repo on the utilities and roads in the area, , Commissioner Si er stated that the P nning Commission, on July 24, 1972, will be reviewing the Land Use Plan or that area. if 3. Mayor Axdahl stated th e will be earings by the Metro Sewer Board on Jul; 26 and July 27 regarding the wer C st Allocation Study. They expect to take final action on August 24th . 4. Mayor Axdahl stated there i a hearing can September 14th relative to tine five year Metro Sek er Capital rovem to 5. Councilwoman Olson ed if it was rop--iated in the budget for a I�ew> Letter and could t1i the guidelines or permits, etc, Village FinancAshworth stated Ju 15th was the dead line for a prelin�i�lary s�.efully it will tic' turn d aver to ttic� ��uulisilcr by September 1, 1 6. Councilman C avu� asked if the Staff had investi gate the drainage problems . •, } at Minnelialia Av clue and Bartelmy Lane, Village ngineer Collier 7eated Staff had investigated nd will notify Council when t e report is completed. 7. Coun Iman Greavu wondered if Staff had checked the feasibil y of Water Service for Cr e tview Drive. Village Engineer Collier stated Staff had investigated and at the time can not see any way the improvement can be appropriated within the dit improve - ment project. 8 Councilwoman Olson stated she would like to know about the 'road to the south' in the Fred Moore project. Before any more action is taken on that property, what can be done to get this road completed. This is the question Qhe would like to have answered by the next meeting or as soon as possible, Village Attorney Don Lais stated he had some of the material there, if Council wished him to comment a little, At the time the conditions were adopted in 1969, a motion by Councilman Greavu that, among other things, a road south he constructed to handle construction purposes and provide another access. Then, in 1970, he was asked to interpret this. It calls for a road to the south and i.s just a matter of interpretation as to what Council's intent was. Whatever it was, it was a condition of development Lor Phase I. The requirement was that there be a road constructed in Phase ,i for access- purposes. Subseq:►c:Llt to that time there was comment that the intent was there was to be a permanent . road to the south for access to the project. lie thought it really comes back to whether or not this is what Council said if they wanted access to it, 26 Attachment 11 I? /1) n / 7 Z... ......,y, �.� r ..• .•i •r ...r - ..•r,..a, ... ,a.••• •.�. • • then' .• : 's. • • . • • . . • r.• .. . .. . • that was the intent of the resolution. . •. It should ..• .. a . • . • Y •.. .... be clear enough, so : then the Village could require that this is one of the conitions, . ••� Both Councilman Wiegert and Councilman Greavu agreed that it had been their. understanding and intention that a permanent access road to the souttz was one of the conditions of Phase I of Forest Green Development,* 90 Councilman 1-liegert stated he had clippings from the Star on rental sub • ty \ADMINI s, which has been on an experimental basis in Kansas City. Ile un rstands. o expand i.n to Pittsburgh. Counc i limn Wief;er t wondered i. f Counc ' . would call the attention of this to the human Relations C0111111issionl ; c nd see what lities there are for this area f f K, TRATIVE PRESENTATIONS 10 M r, D nald 0lm:.tead presented the Insurance CoE�mittee's, report on the Village insurance verage He presented the bids from several companies. Bituminous: Casualty Cora any is recommended for acceptance. Following ur�her discussion, Councilc�oman )ls n moved to accept the recom- mendation o the Insurance Committee and away, the insurance coverarre to Bituminous C ualty Company. , Seconded by Cou ilman Haugan, •t'� Ayes - Mayor kxdahl, Councilwoman 1 Olson; Councilmen lia;igan aad Nays - Councilman Greavu, Motion carried. 29 Manager Miller suggested ,1 1 , 1972 as a date. to discuss the water study .L This date was agreeable to the Council. 3. Manager Miller stated th Staff -ha received a petition to construct curb and gutter in front of 1.1r. Buet 's home at 287 Bean Avenue. Because the petiti )n is signed by 100`'/, a- hearin is not neede Staff recommends Council accept tie petition and the prelimi ry report. Councilman Greavu introduced the followi resolution and moved its adop n'.on : 72 - 7 - 160 WHEREAS, a i) climinary report has been prepnrc by the Village Engineer with ,+ ... �• l l'c:c� L recc�E� :, L r�1c• l' 1 C)E1 respect to the c nlst:ruction of curb and gutter and plc cs.4.ti,Er� on the north si e of Beam Avenue from McKnight Road t:o 123 feet eaSLerly, and WHEREAS, said Engineer has advised this Council tha the aforesaid improvement is feasible nd should best be made as proposed by the Co ncil and that the estimatcYd cost of sae improvement is $350 and WIE4AS, the village Council deems it necessary - and, exne ient th"-t the Villagf of Maplewood construct the aforesaid improvement in accordance with the report, am WHEREAS, all owners of real property abutting upon the impro ement herein de- scribed by petition received by the Council on duly 20, 1972, have requested the 27 1. The "road to the south"; and 2. The uncompleted conditions regarding Phase I portion It is this office's best guess that these two issues will surface again at the Council meeting at time of permit transfer consideration. Therefore, this office writes this memo to ref resh memories and to outline the reasoning of this department to aid all involved parties in the- consideration of this item. Road to the South Issue The following inventory of history provides, in this office's opinion, insight to answering the road to the south issue: 1. August 7, 1969 - The Village Council was presented with a staff report which indicated and predicted access and traffic problems. In that report .an alternative was given which indicated lowering the density along the Furness Street side and restricting traffic thereto only to Furness Street while the westerly portion of the site would be oriented by access to Holloway and Larpenteur Avenue. 2. August 7, 1969 - The Village Council approved the revised Fred Moore site plan with: 1. Phase I access to Furness only at the north and South ends of the project. 2. That only 3 not 4 buildings of 36 units each are allowed in Phase I 3. That 2nd stage have no access to Furness 4. That a construction road to the south to Larpenteur be provided as another access, Note: The issue has been these minutes as to what was meant by "provide another --access" recall by this staff was that discuss centered on construction traffic to keep it out of the neighborhood or the use of local streets therein. Such recall 28 Attachment 12 (j port: VILLAGE EAGR� r REFERRED TO: COUNICIL MEMORANDUM VILLAGE CLERK FINANCE DIRECTOR T0. • Village Manager DIR. OF CONI. DEVELOP. FROM: Director of Community Development C1�. OF PARK" f rEC. SU13JECT: Fred Moore Special Use Permit Transfer OF PUB0 SrkFE1Y DATE: August 23, 1972 Dill, D IR. OF PU3. 'NORKS OT;-! ER Situation D IE .,. -- 7 At the August 17, 1972 Council meeting the proponents addressed the Council relative to this permit transfer request. Specific address was given to the various Commissions which had been referred this matter and the delays the proponents have encountered., The Council acted to table this matter until its September 7. 1972 meeting, Based upon the innumerable meetings wherein reference continually crops up regarding to issues: 1. The "road to the south"; and 2. The uncompleted conditions regarding Phase I portion It is this office's best guess that these two issues will surface again at the Council meeting at time of permit transfer consideration. Therefore, this office writes this memo to ref resh memories and to outline the reasoning of this department to aid all involved parties in the- consideration of this item. Road to the South Issue The following inventory of history provides, in this office's opinion, insight to answering the road to the south issue: 1. August 7, 1969 - The Village Council was presented with a staff report which indicated and predicted access and traffic problems. In that report .an alternative was given which indicated lowering the density along the Furness Street side and restricting traffic thereto only to Furness Street while the westerly portion of the site would be oriented by access to Holloway and Larpenteur Avenue. 2. August 7, 1969 - The Village Council approved the revised Fred Moore site plan with: 1. Phase I access to Furness only at the north and South ends of the project. 2. That only 3 not 4 buildings of 36 units each are allowed in Phase I 3. That 2nd stage have no access to Furness 4. That a construction road to the south to Larpenteur be provided as another access, Note: The issue has been these minutes as to what was meant by "provide another --access" recall by this staff was that discuss centered on construction traffic to keep it out of the neighborhood or the use of local streets therein. Such recall 28 Attachment 12 is based upon the reason that the Council made clear in its approval conditions that Phase II could only have access to the south and north but not to Furness so it is automatically assumed that access will occur to the south in the future whenever Phase II Mould develop. It seemed reasonable to conclude that: (1) The construction road would and could only be used for construction traffic for Phase I; and (2) Should such construction road be so located initially it could serve as the future access road to the south for Phase II. (3) Certainly Phase II would not have access to Furness Street thus ruling out any practical street system which would give access to Phase II road to the south. (4) That Phase I would be vehicle access oriented to Furness Street only. 3. December 17, 1970 - The Village Council reviewed and conditionally approved a revised Phase II Plan for the project. This Council review included discussion and plan examination of access routes to the north and south for the Phase II portion. Further, the Council knowing of all the conditions and history involved acted to approve a specific site plan, as well as endorse and adopt a road corridor pattern plan for the whole affected area -- but particularly as it related to Phase II and its north -south access routes. The Council's action taken did not include any conditions on the construction road already in existence nor did the approved plans by the Council designate any access road along the alignment of the existing construction road. Consequently, this office concludes the following based upon the December 17, 1970 Council action: 1. Council approved and designated the southerly access route by action of its plan and corridor plan approvals - and it did not include the existing construction road either by reference description or graphics but instead graphically indicated a complete different alignment extending to the west side of Phase II of the project. 2. The Council's action secured the access road route to the south and north for Phase II and thereby satisfied the condition required for such in initial approval of August 7, 19690 3. The Council designating or requiring 2 southerly accesses - one for each Phase was never required in any approvals given by the Council and that to consider imposing such as a requirement is inconsistent with any approvals or conditions previously imposed by the Council upon which the Permit Holder (Fred Moore) has relied upon. 4. August 12 1971 - The Village Council conducted arzLadoptedoresolution 71 - 8 - 168 which included ordering of street construction as a part of project 71 - 17 on Beebe Road from Larpenteur Avenue to Holloway. Further, such street portion of the public hearing and engineer's accepted feasibility report by Council indicated an alignment not utilizing the existing construction road but rather indicates alignment extending along the west property line of Phase II. Again, this office concludes that: (1) Council knowing of previous established approved plans by them on December 17, 1970 reinforced the location of the access road route to the south by 29 a,. ordering of a street project (2) Council did not expand p the ordered project to include the construction road portion thus it must be assumed that the Council recognized: a. The lack of public need for such extension; b. The conflict that such pattern of street would have to allowing Phase II traffic to Furness which was disallowed August 7 1 by Council conditions of Au g 969. c . The adverse effect such street would have upon merit o P the fragmentation and redevelopment P f the land south of the Project particularl if 2 streets bisect it. y Road to the South Conclusions: This office concludes that: 1. The initial August 7, 1969 road to the south condltl ' on has been satisified as to location as a result of multiple actions of the Village Council to designate and order a street project of improvement, 2. The construction road ortion between een the north end of Beebe Road and the south property line of Phase I was and remains a construction intended for occupancy raffic road only not Y nor secured by the Village Council for such or guaranteed to be improved, 3. The Council cannot, in this office's opinion, require an additional onal road to the south to service Phase I unless it orders a ro' p � ect through normal assess - ment practices - for which unique assessment roblems would .. P 1d result regarding dead end street and benefited properties. 4. The Permit.Holder has relied on the initial conditions and has subsequently cooperated with them as' relates to the road to -the south • additional road to-the. south To, require -an . . condition at this time explodes the whole sub • ect of reliance on initial conditions both b the Permit t Holder, as well as, the neighborhood affected as . it relates to opening up through neighborhood traffic opportunities for Phase II through the neighborhood • road to the south ben g should another connecting now wanted by the Village 5. The road issue to ' the south, in this office's opinion, is a mute issue as to location corridor. The Village still awaits the deed dedications as imposed for such at the December 17, 1970 meeting, g 6. The construction road from Phase I arkin to P g t to north end of Beebe Road should be closed for the following reasons: a. The construction of Phase I is complete b . The Village by causing the road to be kept open i p p s a party to encouraging crossing of public rights or controls. c. The Village has no legal way of maintaining or requiring the q g road to be maintained.since it is not an approved public way 6or occupancy traffic for Phase I. 30 r` Uncom leted Conditions, Re arding Phase I Portion Continued comments are referred to some unspecif ied conditions regarding Phase I portion. This Of f ice has been satisf ied that those specif is conditions required to Phase I have been satisfactorily complied with. Most comments related to this Office's attention have involved maintenance and mowing of lawn areas. This office knowns of no municipal regulations governing such except for nuisance and weed control. As regards landscaping completion, this office was authorized by Council action of Building Plan approval for Phase. I to approve a landscaping plan for the area. Such has been done and further installed to the satisfaction of this office. This office indicates, in this report that in the administrative judgment of this office,, that required conditions regarding Phase I portion and its development have been complied with in accordance with village Council orders* For those who claim non - compliance this office stands waiting for specific claims which can be related to the actual required conditions or codes of Maplewood. J d 31 RESOLUTION: SOUTHWINDS APARTMENTS PUD 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 , 198 at 7 p.m. The following members were present: The +ol lowing members were absent: WHEREAS, Continental Development Corporation initiated a conditional use permit for a multi- - family PUD in a zoning district located easterly of Beebe Road and northerly of Larpenteur Avenue which +acil i t y is proposed to accommodate 120 apartment units and is described as follows: Lot 1, Block 21 Bout hwinds of Maplewood 2nd Addition WHEREAS, the procedural history of this conditional use permit is as follows: in This conditional use .permit was reviewed by the Maplewood Planning Commission on March 20 and April 3, 1989. The Planning Commission recommended to the City Council that said permit be 20 The Maplewood City Council held a public hearing on 198 Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity .to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission, NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above-described conditional use permit be approved for a multi - family housing PUD on the basis of the following +indings-o+-+ act : in The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2n The establishment or maintenance of the use would not be . detrimental to the public health, safety or general welfare. 3a The use would be located, designed, maintained and operated to be compatible with the character of that zoning district and the neighborhood in general. 32 Attachment 13 4. The use would not depreciate property values in that it provides for an ample buffer of open space and vegetation where it interfaces with single-family residential areas to the east. 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 v police, fire protection, utilities, schools and parks and will not inordinately burden public facilities and services. 8. The use wpuld not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 90 The use would preserve and incorporate the site's natural and scenic features into the development design. ' 10, The use would cause minimal adverse environmental e. fects. Approval is subject to the following conditions: 1. Adherence to the site plan, dated March 27, 1989, and the conditions approved by the Community Design Review Board. 2. All uses shall conform with the R-3 zoning district requirements. 3. Noise levels shall not exceed PCA standards at any residential property line. 4. No outdoor storage of recreational vehicles, boats or trailers. 5. Removal of the proposed roadway connection from Green Gate to Beebe Road through the subject property. 6. The trees along the north and east property lines shall remain undisturbed. 33 7. An eight-foot-wide 'sphalt wal kway for 'ublic use shall be ` constructed from Furness Street to Beebe Road, The existing easement may be altered to allow for curves in the path if approved by Williams Brothers Pipeline. An eight-foot-wide asphalt walkway on at least, a'ten_foot-wide public easement shall be constructed from the east-west path described 'above to Larpenteur Avenue This trail shall be connected to the south end of the parking lot, 8. This permit shall be subJect to review after one year ' from the date of approval, based on the procedures ^ in City code. Adopted this day of , 198 . Seconded by Ayes-- STATE OF MINNESOTA ) ) COUNTY OF RAM8EY ) SS. ) CITY OF MAPLEWOOD ) I, the undersigned, being the duly qu,_Rlified and appointed Cl erk 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 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 1 198 . City Clerk- City of Maplewood RESOLUTION: FRED MOORE PUD Pursuant to due call and notice thereof aregular meeting of the ,C i ty Council of the City of Maplewood, Minnesota was duly called and held in the council chambers in said City on the day of 198 at 7 p .m The following members were present: The +ol 1 owing members were absent : WHEREAS, the City of Maplewood initiated a revision to the conditional use permit for a planned unit development (PUD) to omit the requirement for a road from Larpenteur Avenue to the PUD at the following-described property: Al I that part of the NE 1/4 of the SE 1/4 1 ying westerl y of Furness Street and all that part of the East 1/2 of the NW 1/4 of the SE 1/4 of Section 14, Town shi . p 29, Range 22 9 except the N 1/2 of the NE 1/4 of the NW 1/4 of the SE 1/4 and except that part of the NE 1/4 of the SE 1/4 1 ying westerly of Furness Street., This property is also known as the Green Gate apartments, Maplewood; WHEREAS, the procedural history of this conditional use permit is as +01 lows: is This conditional use permit was reviewed by the Maplewood. Planning Commission on March 20 and April 3, 1989. The Planning Commission recommended to the City Council that said permit be 2a The Maplewood City Council held a public hearing on 1 1989. 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 original Fred Moore PUD is hereby amended to eliminate the south road connection to Larpenteur Avenue on the basis of the following f i nd i ngs-of -fact: in The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. Said 35 Attachment 14 roadway isnot needed and the extension of Holloway Avenue ' *ill provide a more bsneficial general purpose access for the neighborhood. 2 The ��d�C�/P�willn�b ed�rim�taltothe p�lic health, safet y or general we]f are^ 3. The amendment to eliminate the south roadway connection will ' be compatible and in character with the surrounding:xonin| district and the neighborhood in general because it will preclude the infiltration of additional traffic into the adjacent single-family residential area. 4. The elimination of the roadway will not depreciate property values in the general area. 5. The elimination of the south roadway connection will not create hazardous or detrimental conditions for surrounding land uses~ 6° The elimination of the south roadway will result in less traffic on surrounding local streets than would be the case if the roadway connection were made. 78 - The amendment will have no effect on essential public services. The roadway is not required to facilitate fine 8. The amendment will not create excessive additional requirements at public cost ;or public facilities and services. 9�. The amendment will have no effect on the site's natural and scenic features. 10. The amendment will not cause adverse environmental effects. Adopted this day of , 198 Seconded by Ayes -- STATE OF MINNESOTA � COUNTY OF RAMSE Y y ss N } CITY OF MAPL.EWOOD ? I , the undersigned , being the dul y qual if i ed and appointed C1 erk of the City of Maplewood, Minnesota, do hereby certify that I have. careful l y compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of , 198 , with the original on file in my office, and the same is a full, true and camp l ete 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 , 198 City Clerk City of Mapl ewood 37 Action by Council:: ` MEMORANDUM TO: '----�~�� City Manager Re�� F ~ _ °unv Thomas Ekstrand Associate Pl ' Date SUBJECT: Plan ` ' � anner �� mendmentv Rezoning and Conditional Use g h ' t LOCATION: Hi `---' wood Avenue APPLICANT/OWNER: - '' : Harold Carver PROJECT TITLE: Storage Building ' DATE: March 29, 1989 ` SUMMARY INTRODUCTION The applicant is requesting approval of the following applications: 1. An amendment to the City's land use plan from RL residential low density, � to SC, -vice commerci�l . 2. A rezoning from F, farm residence, to BC, business commercial, for the garage site and a 20-foot-wide drivew to Highwood Avenue. ay 3 a A conditional ~ use permit to construct a metal pole buildi in a BC zone. nq Th e reason for these requests is to construct a 2 970-square foot = corrugated metal pole building" The location is vhc�wn on th- szte Plan on page 91 and the a shown 'appearance is h e elevations on page 10, on the building The requests are needed because metal buildings of this i not permitted in the F zone. s s ze are CRITERIA FOR APPROVAL VAk_ Plan Amendment 1. There are no specific criteria for the amendment � y change in the land use plan should be consistent^wi-n th goals, policies and objectives in the City'sI compre�nne s n ie plan. v«e 2. Section 36-485 requires that the City Coun� il make the f findings t � e our o approve a rezonin� fo . d'i th - --'- ~'' ' _ un n e resolution on page 12. - - - ' ~' 3" Conditional Use Permit Subsection 36-153 (2) requires that approval of a CUP be based on the finding that the building would be substantially screened, as defined in section 36-27, as viewed from streets or residentially-zoned land. Also, the building must not be of lesser quality than surrounding development. The standard findings for approval of m/ CUP must also be met as stated in the resolution on page 15. DISCUSSION The City's land use plan designates most of this neighborhood for low-density residential use. Any commercial amendment should be looked at carefully. The Planning Commission has been aware of this and denied a commercial plan amendment for the northwest corner of Highwood and Century Avenues on the basis that there were no conditions which have changed that would indicate that the property would not develop residentially as planned. There has been a change in the area south of however, that supports the approval of these construction of the Cellular One tower. Wit| the tower, the existing Carver garage to the freeway to the south, the proposed amendment reasonable. Highwood Avenue, requests, the l the construction of east, and the and rezoning seems The proposed fence and additional plantings as recommended by the Community Design Review Board would meet the screening required for a conditional use permit. RECOMMENDATION 1. Adoption of the resolution on page 11 amending the land use plan designation for land west of Carver General Repair from 'RL, low-density residential , to SC, service commercial . The SC designation would be consistent with the goals, policies and objectives of the comprehensive plan, since the change would not deter the neighborhood from developing as planned and would not adversely effect any adjacent properties. 2. Adoption of the resolution on page 12 rezoning the portion of Harold Carver's property west of Carver General Repair from F, farm residence district, to BC, business commercial, based on the findings required by code. 3. Adoption of the resolution on page 14 granting a conditional Use permit for a metal storage building. Approval is based on the findings required by code and also since the building would be substantially screened, as defined in Section 36- 27, as viewed from street or residentially-zoned land. Furthermore, the building is not of a lesser quality than the adjacent commercial development. � Approval is Subject to the +01 lowing g c on d i t 1 on s �.. Adherence to the site to .� .change � 1 �n , d�.ted .J�n�.i�r~y �� , 1'9�� , �..tn 1 e�� i s approved by the City's Community Co mmun i t y Design Review. Bord , except that the proposed driveway sha1 1 be relocat ed darect 1 y west o+ 2714 High wood Avenue, as shown . on the staff report, of 2W This permit shall be sUb ect to review of ter~ one the date of a year � mom pprKova1 , baked on the procedures i n code , the City y 3 CITIZEN COMMENT€ Staff surveyed the eight, surrounding property owners for their comments regarding this request and the proposed rezoning. Qf the five replies, all were in favor. The following comments .were received: 1» There is a severe shortage of c ommerc i a l ro a rt at this p R y end of Maplewood, They can put anything they l ike in their backyard 4DW emu* we 1 ike Harold Carver, - 3. The land is best suited for commercial development because of freeway noise and traffic, 4v I understand that the storage is to be used by the exist i ng garage to store veh i c l es q etc and not create new traffic into the area or farther reduce the value of residential property close by REFERENCE Bite nescri2.tj .ion 1 Site size: 1.5 acres 240 Existing land use: undeveloped M Surrounding Land Us,95.;,, Northerly: Highwood Avenue and undevel . aped low-density residential property owned by Mr. Carver Southerly: Minnesota Cellular Telephone tower site Easterly: Carver Gene ral Repair Westerly: Tower site driveway and a singl e dwelling Fast ,..Action October 1, 1981: The City amended the land use plan.for this neighborhood by deleting an interchange proposed at 1-494 and Century Avenue and than the land use designation of the land around the interchange from 8C9 service commercial residential 9 to RL, low densityg except for the existing BC zoned land owned by Harold Carver, November 16, 1987: The Plann I ing Commission recommended denial of a.plan amendment from RL to BWj business warehou rezoning from F to M-1, light manuf se, and a across Highwood A acturingg for the property .ovenue for a mini-storage facility. The Planning Commission felt that there were no conditions in this .area which have changed that would indicate that the property would not develop residentially as plannede The applicant withdrew his request prior to City Council review, March 10, 1988: The City approved a lot split to allow MrS Carver to expand his property to the west., It was • stated in the letter of approval that this lot division does not imply that a rezoning will be approved to expand the business commercial zoning to the west. February 14, 1989: The Community • Design Review Board approved i the siteg building design and landscaping/screening Plans for this structure. (Refer to the conditions on page 17.) el-ann ing 10 The 8C9 service commercial 9 classification is oriented to f ac i I it ies which are I ocal or commun ity-wi de in scale . While a ful I range of commerci district al uses are Permitted in this 9 certain types of facilities which ma be high-intensity nature, such of a ch as fast food restaurants, discount sales out letsv gas scat ionsg and light industrial Oj Uses, sha t l d be permitted sUb j ec t. t o specific er�f or�man c P e guidelines. The objective of establ ishin this district � t ict is to. provide +or a wade variety of commercial uses compatible ibl p e with the chrcter~ and development of the neighborhoods in which they are located. 2W Ordinance requirements: Subsection 9 -6 (a) (.4) allows metal of a buildings p in a BC zone by conditional use permits (Met .1 of a buildings s o p 9 f the size proposed are not permitted In a F district; code Would only allow a total of 17200 q uar .e feet for a l l accessory buildings on this lot . ) jl I "ARVER .mem ttachmentcs Ix Land Use Plan 218 Property Line /Zoning Map Site Pl an dated - January 26 1989 .4 11 BUi l ding Elevations 5. Resolution-Plan Amendment 6. Resolution-Rezoning 7. ReSo l Ut i on -Con d i t i on a l Use 'Permit x.2-14-89 Commun i t y Design Review Board m i n Ut es Linwood J 4 C • r Hlg.hwood_ 4 r V r L c E i Carver ][� 'o 0 a J / I i I I Pw,opose4 $e. eKpdd 5; o.ta C �'� C �rT m , 1 1 School Search Area U 1/2 Mlle Radius 0 , , o C �- HIGHWOOD NEIGHBORHOOD LAND USE PLAN � Ftt-chment 1 i 04" 1 n� 4 Sej $C., 20 ji e AZ a 5i e° C1 r —Av �z �--� - lot* I5? ` s3 014 41 sl.: Property proposed / io1 to be rezoned from / o0 F, farm to 6C, business commercial O � o 6b 3 Sri, B4% i v L r - rz fV Aq %%a / o • ,o 7 N Z saw" I n 1 PROPERTY LINE / ZONING MAP g Attachment 2 Q N t" Of o s ed �j C) a v-- - 0 � d OMWOOO LA. so jj *A-4 :7I � II ro a ,t Ci r' 0 T,�tx 3 ljV'(r SITE PLAN JAN 2 6 1998 Attachment 3 9 4 N 4 � r r � I dvoo., SING Ylk� � A .A J 4�I v �!r 0 v C e `J BUILDING ELEVATIONS 10 Attachment 4 PLAN AMENDMENT RESOLUTION J WHEREAS, Harold Carver initiated an amendment to the Map l ewood Comprehensive Plan from RL , low-density residential , to SC, service . c ommmerc i a l, f or the property l y i n g 170 f eet west of and 100 f eet south of Carver General Repair, 2730 Highwood Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 148 The Maplewood Planning Commission held a pub 1. i c hearing on April 3, 1959 to consider this plan amendment . Notice thereof was published end mailed pursuant to law. All persons present at said ,hearing were given an opportunity to be heard and present written statements. The .Pl ann ing Commission recommended to the City Council that said plan amendment be . 2a The Maplewood City Council considered said plan amendment on , 1939 The Council considered reports and recommendations from the Planning Commission and City staff, NOW, THEREFORE, BE IT RESOLVED BY THE MAP'L.EWOOD CITY COUNCIL that the above-- described plan amendment be on the basis that the SC designation would be consistent with the goals, policies and objectives of the comprehensive plan, since the change would not deter the neighborhood from developing as planned and would not adversely effect any adjacent properties Adopted this day of , 198911 Seconded by Ayes ---- 11 Attachment 5 Pursuant to due cal l and notice thereof , a regal ar 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 , 1989 at 7 p.m. The following members were present: The f o l 1 owing members were absent WHEREAS, Harold Carver initiated a rezoning from F, farm residence, to BC, business commercial , for the fol l owing - described property: That part of Lots 1 , 5 and 6, CARVER LOTS. f and that part of the North 165 feet of the East 264 feet of the West 289 feet of the East .Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County, Minnesota which lies northwesterly of the northwesterly right-of -way line of Interstate Highway No. 494 and which lies easterly and northeasterly of the following described line: Beginning at the northeast corner of said Lot 1; thence on an assumed bearing of south 00 degrees 18 minutes 41 seconds East. along the east 1 ine of said Lot 1 a distance of 286.96 feet to the northwest corner of said Lot 5; thence North 88 degrees 56 minutes 26 seconds East along the north 1 ine of said Lot 5 a distance of 152.01 feet to said northwesterly right-o+-way line of Interstate Highway No. 494; thence South 38 degrees 10 minutes 19 seconds West al ong said right -of -way 1 ine a distance of 135.78 feet; thence North 65 degrees 20 minutes 05 seconds West a distance of 269.08 f e e t ; thence North 00 degrees 24 minutes 21 seconds West a distance of 275.18 feet to an intersection with the westerly extension of the north line of said Lot 1; thence North 88 degrees 53 minutes 25 seconds East along said north line and its westerly extension a distance of 176.88 feet to the point of beginning; except the west 156.88 feet of the North 135 feet of the above described property. WHEREAS, the procedural history of this rezoning is as follows 1 . This rezoning was initiated by Harold Carver pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances, 2a This rezoning was reviewed by the Maplewood Planning Commission on April 3, 1989. The Planning Commission recommended to the City Council that said rezoning be . 3 . The Maplewood City Council held a public hearing on 1989 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. 12 Attachment 6 NOW, THEREFORE9 BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the a,bove-described rezoning be approved on the basis of the following findings of fact: The proposed change is consistent with the spirit purpose and intent of the zoning code, 2a The proposed change will not substantially i,niure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded . 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 4a The proposed change would have no negative e ' f+ect upon the 16 1 ogical of f icient and economical extension of pub i c services and +acl*l ities, such as pub ic water, sewers, p o l ice and + ire protection and schools. Adopted this day of 1989a Seconded by Ayes-- STATE OF MINNESOTA COUNTY OF RAMSEY SS 11A 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 carefL%Ily compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood held an the day of 1 1989 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 1 19894 City Cl erk City of Maplewood 13 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Maplewo od M innesota was dul y Cal I ed and hel d in the Council chambers in said City an the day of 9 198. at 7 p am a The following members were present: The following members were absent: I WHEREAS, Harold Carver initiated a conditional use permit to build a metal pole building in a business and commercial zone at the +ollowing-described property: That part of Lots 1. 5 and 6, CARVER LOTS, and that part of the North 165 feet of the East 264 feet of the West 289 feet of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 285 Range 22, Ramsey COUnty7 Minnesota which lies northwesterly of the northwesterly right-o+-way line of Interstate Highway No 494 and which lies easterly and northeasterly of the following' described line: Beginning at the northeast corner of said Lot 1; thence on an assumed bearing of south 00 degrees 18 minutes 41 seconds East along the east line of said Lot 1 a distance of 286.96 feet to the northwest corner of said Lot 5; thence North 88 degrees 56 minutes 26 seconds East along the north I ine of said Lot 5 a distance of 152 .01 feet to said northwesterly right-o+-way line of Interstate Highway No. 494; thence South 38 degrees 10 minutes 19 seconds West along said right-of-way line a distance of 135.78 feet; thence North 65 degrees 20 minutes 05 seconds West a distance of 269.08 feet; thence North 00 degrees 24 minutes 21 seconds West a distance of 275.18 feet t o an intersection with the westerly extension of the north line of said Lot 1; thence North 88 degrees 53 minutes 25 seconds East along said north line and its westerly extension a distance of 176.88 feet to the point of beginning; except the west 156.88 feet of the North 135 feet of the above described property* WHEREAS, the procedural history of this conditional use permit is as f ol I ows: ill This conditional use permit was reviewed by the Maplewood Planning Commission on April 3, 1989. The Planning Commission recommended to the City Council that said permit be 2a The Maplewood City Council held a public hearing on 9 1989. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an 14 Attachment 7 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 f" APLEWOOD CITY COUNCIL THAT the above-described conditional use permit be approved on the basis o+ the following f indings --of --fact in 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,, 38 The use would be located, designed, maintained and operated to be compatible with. the character of that zoning district, 4a The use would not depreciate property values., 5a 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, 7w The use would be serviced by essential public services, such as streets, police, fire protect i can , ut i l i t i es , schools and parks, en The use would not create excessive additional requirements at public cost for public f ac i l i t i es and services; and would not be detrimental to the welfare of the City. 98 The use would preserve and incorporate the site's natural and scenic features into the development design., 1.08 The use would cause minimal adverse environmental effects . 11 . The building would be substantially screened, as defined in Section 36-27, as viewed from street or residentially-zoned land, 12D The building is not of a lesser quality than the adjacent commerrc i al development, Approval is subject t t o the f o l l owing conditions in Adherence to the site plan, dated ,January 26, 1989, unless a change is approved by the City's Community Design Review Board, except that the proposed driveway shall be relocated to be directly west of 2 714 H i ghwood Avenue as shown on page 9 of the staff report, 15 2.8 This permit shall be subject to review after one year from the date of approval based on the procedures in City Code. Adopted this day of 19890 Seconded by Ayes-- STATE .OF MINNESOTA COUNTY OF RAMSEY 5s 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 .o+ the City of Maplewood, held on the day of 9 19899 with the original on f i l e in my office., and the same is a f ul I true and comp I e te transcript. insofar as the same relates to a conditional use .permit . Witness my hand as such Cl erg=: and the corporate seal of the City this day of 9 19898 City Cl erk City of Map I ewood 16 i M I I\IU'TES OF THE MAPL.EWOOD COMMUNITY DESIGN REVIEW F {� l_, I_ 1830 _ � EAST COUNTY ROAD 9 MAPLE W00 r MINNESOTA � L , r1INNF� FEBRUARY 14 , 1989 V. UNFINISHED BUSINESS . w A• Metal Storage BU i l d i n - 9 Harold Carver 2714 Hi ghwood Avenur-:? Ken Gerve i s , 2373 Linwood Av enUe , of Castle Design an (J Devel opment , was present representing i.n P g the applicant. Mr. Gervais said Mr. Carver was in agreement nt with the conditions of the staff recommendation. Mr. Gerva i s the materials and colors of the said building wo��i d be s.imil ar, to match whet is existing on the property, . p perty. Boardmember Anitzberger moved approva 1 of the site , architectural and landscaping/screening l ,7�-�nuery 26 , 1989 for a P ans dated �7- b y 1 1 c:� -foot met c 1 F)01 F� building f car Carver General Fe air s . following conditions: P � � c b�ect to tf7e 1 • The applicant MUSt obtain approval of a conditional use permit, rezoning to ESC , Business Commercial ' plan t�mendment to SC Commercial � anci , Service , b y the City Council before a bu i 1 d i ng erm i may t P y be a. s seed . 2a The applicant shall provide a monetary a form acceptable 9u��r`antee , In • p to staff, i n the amor_�nt of 150% of the estimated cost of completing the landscaping png and fencing if they . are not installed by occupancy. 3 » Mr. Carver sha 1 1 provide written approval tower-site o PP oval from the owner, prior to obtaining a building permit, indicating their granting of access rights . over their property to Mr . Carver, 4. The .placement of the proposed 8(D-f oot fence west of the building shall be revised so that the southerly end of the f ence is even with the south wall of the b u i 1 ding . This Would provide better screening of the b�.t i 1 d i ng for the adjacent homeowner, Soardmember Erickson seconded Ayes--all 17 Attachment 8