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2001 08-27 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 27, 2001 Council Chambers, Municipal Building Meeting No. 01 -18 A. B. C. D. E. F. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Minutes of Meeting O1 -17 (August 13, 200 1) 2. Minutes of Council/Manager Workshop Meeting (August 13, 2001) APPROVAL OF AGENDA APPOINTMENTS /PRESENTATIONS G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Annual Maplewood Historical Society Payment 3. Conditional Use Permit Review -Feed Products (Bulk Storage) (1300 McKnight Road) 4. Independent Estates Final Plat (Tilsen Court, west of Lakewood Drive) 5. Recreation Program Donation 6. Lease Purchase -Ricoh Copier 7. Temporary Beer and Liquor License -St. Jerome's Catholic Church 8. Request from U.S. Bench Corporation 9. Special Use Permit - Ramsey County Sheriff's Department - Fright Farm 10. Transfer of Funds-Contingency Account - General Fund Election H. PUBLIC HEARINGS 1. 7:00 Maplewood Business Subsidy Policy 2. 7:10 Alamo Car Rental Conditional Use Permit (2525 White Bear Avenue) 3. 7:20 Family Service Center Conditional Use Permit Revision (2001 Van Dyke Street) 4. 7:30 Code Amendment — F (Farm Residence) District (First Reading) 5. 7:40 Code Amendment — Rezonings (first Reading) I. AWARD OF BIDS J. UNFINISHED BUSINESS 1. Adopt Resolution Accepting Preliminary Report and Calling For Public Hearing for Bush Avenue Improvements —City Project 01-04 K. NEW BUSINESS 1. Preliminary Approval for Issuance of Equipment Certificates, Improvement Bonds, and Refunding Bonds 2. Schroeder Milk Expansion –Final Development Agreement (2080 Rice Street) L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS 1. 2. 3. N. ADMINISTRATIVE PRESENTATIONS 1. 2. 3. O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 770 -4523 to make arrangements. Assistant Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. MINUTES � I� MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 13, 2001 Council Chambers, Municipal Building Meeting No. 01 -17 A. CALL TO ORDER: A meeting of the City Council was held in the Maplewood Room, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Absent Julie A. Wasiluk, Councilmember Present D. APPROVAL OF MINUTES Councilmember Collins moved to approve the minutes of Meeting No. 01 -1 S (July 23, 200 1) as presented. Councilmember Allenspach seconded. Ayes — All Councilmember Wasiluk moved to approve the Council/Managers Workshop Minutes of July 23, 2001 as presented. Councilmember Allenspach seconded. Ayes — All E. APROVAL OF AGENDA M1. Study on Garbage Hauling M2. Joy 'ark Councilmember Allenspach moved to approve the agenda as amended. Councilmember Wasiluk seconded. Ayes — All F. APPOINTMENTS /PRESENTATIONS None G. CONSENT AGENDA Councilmember Wasiluk moved to approve the Consent Agenda items as presented. 1 Seconded by Councilmember Allenspach. . Ayes — All 1. Approval of Claims ACCOUNTS PAYABLE: $373,110.26 Checks #54777 thru #54862 dated 7/24/01 $193,138.91 Disbursements via debits to checking account dated 7/17 thru 7/23/01 $31,606.25 Checks #54863 thru #54867 dated 7/20 thru 7/26/01 $162,409.06 Checks #54868 thru #54940 dated 7/31/01 $105,961.76 Disbursements via debits to checking account dated 7/24 thru 7/30/01 $83,766.75 Checks #54941 thru #54948 dated 7/31 thru 8/2/01 $428,990.44 Checks #54949 thru #55017 dated 8/7/01 $1,131,808.61 Disbursements via debits to checking account dated 7/31 thru 8/6/01 $2,510,792.04 Total Accounts Payable PAYROLL: $361,396.26 Payroll Checks and Direct Deposits dated 7/6/01 $27,125.00 Payroll Deduction check #84663 thru #84669 dated 7/6/01 $353,627.09 Payroll Checks and Direct Deposits dated 8/3/01 $27,206.14 Payroll Deduction check #85129 thru #85135 dated 8/3/01 $769,354.49 Total Payroll $3,280,146.53 GRAND TOTAL 2. Afton Ridge Final Plat (McKnight Road and Lower Afton Road) Approved the Afton Ridge final plat. This approval is subject to recording the plat and all deed restrictions and covenants with the county. In addition, no grading permits will be issued until homeowner's association documents and developer's agreement are approved by the city. 3. Employee Insurance Renewal N Authorized the Finance Director to make the appropriate budget changes and to close the Dental Self- Insurance Fund by a transfer from the Payroll Benefits Fund. 4. Flex Plan Health Care Reimbursement Adopted the Flex Plan Health Care effective October 1, 2001. 5. Donation to Maplewood Police Reserve Approved to accept a donation to the Maplewood Police Reserve and directed finance to make the necessary budget adjustments so that it may be used to purchase equipment for the reserve program. 6. Presentation of Blessed Virgin Mary Church Temporary Gambling Approved the following resolution that approves the temporary gambling request from the Presentation of Blessed Virgin Mary Church. RESOLUTION 01 -08 -67 Presentation of Blessed Virgin Mary- Lawful Gambling BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of Presentation of the Blessed Virgin Mary, 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 7. Maplewood Oakdale Lions Club — Temporary. Beer Approved the application for a temporary beer license from the Maplewood Oakdale Lions Club. 8. Personal Service License — Andrew Zelinkas — Salon Nostalgia Approved the individual personal service license for Mr. Zelinkas. 9. Personal Service License — Joanna Kelly — Specific Family Chiropractic Approved the individual personal service license for Ms. Kelly. 10. Interfund Loans for Tax Increment Funds Adopted the following resolution that allows automatic interfund loans for tax increment funds and to provide the terms and conditions for repayment. RESOLUTION 01 -08 -63 INTERFUND LOANS FOR TAX INCREMENT FUNDS Whereas, state law requires that interfund loans for tax increment funds be approved in advance along with the terms and conditions for repayment; Whereas, it is city policy to automatically make interfund loans when a fund has a temporary cash deficit; Whereas, interest is charged on these loans monthly at the same rate earned on investments for the current month and they are. automatically repaid when the fund has a positive cash balance. Now therefore, be it resolved, that (1) interfund loans for tax increment funds are authorized whenever a fund a has a temporary cash deficit, (2) interest will be charges at the same rate as the average rate earned on investments for the current month, and (3) they will be automatically repaid when the fund has a positive cash balance. 11. Hill Murray School Temporary Gambling Adopted the following resolution that grants a temporary gambling license to be used October 5, 2001 at Hill Murray School: RESOLUTION 01 -08 -64 HILL MURRAY TEMOPORARY GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Hill Murray School, 2625 Larpenteur Avenue East, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute 349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 12. Resolution Certifying Election Judges for Primary Election Adopted the following resolution that accepts the flowing list of Election Judges for the 2001 Primary Election. 4 RESOLUTION 01 -08 -65 CERTIFIFCATION OF ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2001 Primary Election, being held on Tuesday, September 11, 2001: PRECINCT NO. 1 Marlys Barrett Audrey Duellman Joan Kolasa Marvella Lackner Louise Nieters PRECINCT NO.2 Betty Granger Jacqueline Hayne Barbara Johnson Joseph Kolasa Rose Marie Manders Esther Maudal James Nieman Elizabeth Olson Jacque Phillippi Milo Thompson PRECINCT NO. 3 Jaime B elland Jean Dickson Kathy Dittle Barbara Gallagher Jeff Janacek Rosemary Koch Pat Thompson Carmen Tomaszewski Gene Wandersee PRECINCT NO. 5 Anne Cardenas Diane Droeger Marge Dvorak Betty Eddy Shirly Evertz Thelma Ling Blaine Markie Patricia Trumble Cecilia Tucker PRECINCT NO. 6 Joan Button Margaret Cokley Mae Davidson Virginia Dehn John Henry Richard Lambert William Little RoseMarie Rossi PRECINCT NO. 7 Jeanette Bunde Ron Kockelman Rita Lally Howard Muraski Mary Ann Schneider Don Schroepfer PRECINCT NO. 8 Pat Hensley Carol Mahre (co- chair) Katherine Mollers Lorraine Petschel (co- chair) Barbara Vandeveer PRECINCT NO. 10 Joan Cottrell Ann Fallon Betty Haas Mona Krekelberg Neva Norman Marlene Reitmann D. Franklin Tolbert PRECINCT NO. 11 Lorraine Fischer Mary Fischer Rita Fredrickson Edward Kuehnel Betty Mossong Ruth Prettner Louis Spies PRECINCT NO. 12 Lucille Cahanes Jennifer Hollerbach Margaret Kunde Jackie Meyer Arthur Mollica Beverly Ogilvie Phyllis Pauly Larry Schaaf Evelyn Skluzacek PRECINCT NO. 14 Shirley Luttrell Carol Berger Constance Hines Helen King Anita Larson Delores Lofgren Kenneth Sullivan PRECINCT NO. 15 Margaret Arneberg Delores Fitzgerald Guy Grant Lorraine Lauren Richard Lofgren Delores Marsch Elaine Rudeen Florence Sajevic Theresa Sullivan Geraldine Trooien PRECINCT NO.4 Geraldine Callahan Grace Dornfeld Fred DuCb arme Walter Hayde Barbara Leiter Joan Misgen David Pehl Lorraine Rosauer Jessica Ryden Mary Vante John Willy Steve Young Gerald B ehm Buphat Desai John Eineke Bob Flood B every Gelao Gloria Kittel Claire Markie Karyl Petersen Rita Taylor Sandra Wittmann PRECINCT NO.9 Elsie Anderson BerniceDel Monte Kumud Desai PRECINCT NO. 13 Anne Fosburgh Mark Gilstad Diane Golaski Anna Mae Hogan Don Jungmann Lorraine Taylor PRECINCT NO. 16 Joan Bartelt Carol Berthianume Carolyn Eickhoff Mary Grant Carol Hamre Mildred Iversen Gayle Wasmundt Martha Wells 5 H. PUBLIC HEARINGS 1. 7:00 P.M. Schroeder Milk Economic Development District 1 -5 (tax- Increment Financing Plan) a. City Manager Fursman introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person(s) was /were heard: Mary Deerseath, Briggs and Morgan Karl Schroeder, Owner, Schroeder Milk g. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to adopt the following for the desertification of Economic Development District No. 104 and establishes Economic Development District No. 1 -5. These are for the tax - increment financing plan for the expansion of the Schroeder Milk processing plant at 2080 Rice Street. RESOLUTION 01 -08 -66 RESOLUTION APPROVING THE DECERTIFICATION OF ECONOMIC DEVELOPMENT DISTRICT NO, 1 -4 WITHIN DEVELOPMENT DISTRICT NO. 1 ADOPTING THE MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO, 1 AND ESTABLISHING ECONOMIC DEVELOPMENT DISTRICT NO, 1 -5 THEREIN AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR; AND RATIFYING NOTICE PUBLICATION WHEREAS: A. On June 28, 1999, the City of Maplewood, Minnesota (the "City ") heretofore created its Economic Development District No. 1 -4 within its Development District No. 1 for the Schroeder Milk project (the "Project "); and B. Because the construction of the Project has been delayed it is proposed that the City decertify Economic Development District No. 1 -4 and establish Economic Development District No. 1 -5; and C. As of the date hereof there are no bonds and obligations to which tax increments from Economic Development District No. 1 -4 have been pledged and there are no unpaid costs of the Project; and D. The City desires by this resolution to cause the decertification of Economic Development District No. 1 -4 after which all property taxes generated within Economic Development District No. 1 -4 will be distributed in the same manner as all other property taxes; and 0 E. The City's staff shall take such action as is necessary to cause the County Auditor of Ramsey County to decertify Economic Development District No. 1 -4 as a tax increment district and to no longer remit tax increment from Economic Development District No. 1 -4; and F. It has been proposed that the City modify the development program for Development District No. 1, and establish Economic Development District No. 1 -5 therein and adopt a tax increment financing plan therefore under the provisions of Minnesota Statutes, Sections 469.124 to 469. 134 and 469.174 to 469.179 (collectively, the "Act "); and G. The City Council has investigated the facts and has caused to be prepared a proposed Modified Development Program for Development District No. 1, and has caused to be prepared a proposed Tax Increment Financing Plan for Economic Development District No. 1 -5; and H. The City has performed all actions required by law to be performed prior to the proposed establishment of Economic Development District No. 1 -5, and proposed adoption of the Modified Development Program and the proposed adoption of a Tax Increment Financing Plan therefore, including, but not limited to, notification of Ramsey County and Independent School District No. 623 having taxing jurisdiction over the property to be included in Economic Development District No. 1 -5 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1. Economic Development District No. 1 -4 . The City desires by this resolution to cause the decertification of Economic Development District No. 1 -4 after which all property taxes generated within Economic Development District No. 1 -4 will be distributed in the same manner as all other property taxes. 2. Development District No. 1 . The City of Maplewood is not modifying the boundaries of Development District No. 1. 3. Modified Development Program The City of Maplewood is modifying the Development Program for Development District No. 1 to allow for the increased costs associated with Economic Development District No. 1 -5 as described in the Modified Development Program for Development District No. 1, a copy of which is on file in the office of the City Clerk, and the Modified Development Program is adopted as the development program for Development District No. 1. 4. Economic Development District No. 1-5 There is established in the City of Maplewood within Development District No. 1 a tax increment financing district, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan. 5. Tax Increment Financing Plan The Tax Increment Financing Plan is adopted as the tax increment financing plan for Economic Development District No. 1 -5, and the City Council makes the following findings: 7 (a) Economic Development District No. 1 -5 is an economic development district as defined in Minnesota Statutes, Section 469.174, Subd. 12, the specific basis for such determination being that the Schroeder Milk project will increase employment in the State and it will result in the preservation and enhancement of the tax base of the State. (b) The proposed redevelopment in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of Economic Development District No. 1 -5 permitted by the Tax Increment Financing Plan. The reasons supporting this finding are that: (i) Schroeder Milk has represented to the City that it would not undertake the project in Maplewood without the City's use of tax increment financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within Development District No. 1. (ii) A comparative analysis of estimated market values both with and without establishment of Economic Development District No. 1 -5 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit C of the Tax Increment Financing Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of Economic Development District No. 1 -5 and the use of tax increments. (c) The Tax Increment Financing Plan for Economic Development District No. 1 -5 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (i) Economic Development District No. 1 -5 is properly zoned; and The Tax Increment Financing Plan will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (d) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No. 1. 6. Public Purpose The Modified Development Program for Development District No. 1, and the Tax Increment Financing Plan for Economic Development District No. 1 -5 conform in all respects to the requirements of the Act and will help fulfill a need to develop areas of the City which are already built to provide employment opportunities, to improve the tax base, and to improve the general economy of the State and thereby serves a public purpose. 7. Certification The Auditor of Ramsey County is requested to certify the original net tax capacity of Economic Development District No. 1 -5 as described in Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Clerk is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Economic Development District No. 1 -5 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 8. Filing The City Clerk is further authorized and directed to file a copy of the Modified Development Program and Tax Increment Financing Plan for Economic Development District No. 1 -5 with the Commissioner of Revenue. 9. Administration The administration of Development District No. 1 remains assigned to the City Manager who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. 10. Fiscal Disparities The calculation of fiscal disparities for Economic Development District No. 1 -5 as in accordance with Minnesota Statutes, Section 469.177, Subdivision 3, clause b. 11. Notice of Public Hearing The actions of City staff in causing the notice of public hearing to be published in the official newspaper of the City are hereby ratified, confirmed and adopted. Seconded by Councilmember Collins Ayes - All 2. 7:10 P.M. Home Occupation License— Wethern (193 Mount Vernon Avenue) a. Assistant City Manager Coleman introduced the staff report and presented the specifics of the report. C. Commissioner Mary Dierich presented the Planning Commission report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person(s) was /were heard: Seven Wethern, 193 Mount Vernon Avenue, Applicant e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the Home Occupation License for Steve and Mary Wethern of 193 Mount Vernon Avenue to conduct an engraving business from their residential property. Approval is subject to the following conditions: 9 1. Compliance with all conditions of the city's home occupation ordinance. 2. Any garage space in excess of the 20 percent allowed for a business must be used for storage of the Wetherns' non - business -type materials only. 3. The city council will review this home occupation license in one year. Seconded by Councilmember Allenspach Ayes - All I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. Approve Project Budget and Consultant Selection for Bush Avenue Reconstruction- -City Project 01 -04 a. City Manager Fursman introduced the staff report. b. City Engineer Chuck Ahl presented the specifics of the report. Councilmember Allenspach moved to approve TKDA to conduct the project engineering for the Bush Avenue Reconstruction Proj ect and that a project budget of $10,000 be established for the preliminary report. Seconded by Councilmember Wasiluk Ayes - All 2. Personal Service Massage Therapy —Code Change (Second Reading) a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Wasiluk moved to approve the second reading of the Personal Service Massage Therapy — Code Change. ARTICLE I. IN GENERAL Sec. 24 -1. Purpose of Chapter. The purpose of this Chapter is to regulate, within the limits of the City, providers of personal services, which include escort services, massage centers, saunas and bathhouses; and similar social, recreational, and therapeutic activities. The provisions of this Chapter shall not apply to the incidental provision of such services by athletic, lodging, recreational, religious, or social organizations upon their registered premises. ME For the purpose of this Chapter, "incidental provision" shall mean that the cost of providing such facilities, and any income generated from their use shall represent less than fifteen (15) percent of the gross revenues generated by such organization at such premises. Cross reference -- Rules of construction and definitions generally, § 1 -41 et seq.§ 24 -2. Sec. 24 -2. Definitions. The following words, terms and phrases shall have the meanings respectively ascribed to them for the purposes of this Chapter: Bathhouse: Premises providing members of the public or a private club with bathing and personal cleansing facilities for hygienic, therapeutic, restorative, or social purposes on a commercial basis. Clinical Training: If applicant grants clinical training on licensed premises, an agreement between the school and the licensed premise must be provided to the city. Clinical hours must be done b students that are in training for massage therapy at a recognized school approved by the State of Minnesota Higher Education Services Office under the direct observation and supervision of an in .qtr»r.tnr_ Escort: , A person employed to provide companionship, attendance, or accompaniment to an for social or recreational purposes; such employment not directly related to the health or safety of the client. Escort Service: Premises at, or through which, escort is advertised, offered, or provided for, members of the public or a private club. For the purpose of this Chapter, a rap parlor is classified as an on- premise escort service. Massage Center: Premises in, or upon which, massage is offered or performed for members of the public or of a private club. Massage Therapist: The recipient of a massage degree or certificate from a recognized school who holds a current practitioner's license for massage therapy issued pursuant to the Article III of this Chapter. Operate: To own, manage or conduct, or to significantly participate in the ownership, management or conduct of a business, enterprise or service regulated under this Chapter. Outcall Service: Provision, a massage therapist of massage services at a premises other than a licensed massage center. Person: Any natural person, corporation, firm, partnership, or association. Practitioner: A natural person licensed by the City to engage in the business of escort service, sauna or bath house attendance, or massage therapy; either at a licensed premise of such service or on an outcall basis. 11 Rap parlor: A commercial enterprise hosting wide - ranging, on- premise verbal conversation between its employees and members of the public or a private club. Recognized school: With regard to a massage therapist (see above), a degree or certificate- producing massage program, approved by the State of Minnesota Higher Education Services Office, which includes not less than five hundred (500) hours of training in the theory, method, and techniques of massage. Exceptions to educational requirements must have Council approval. Sauna: Premises providing members of the public or a private club with communal or individual dry or moist heating facilities for therapeutic, restorative, rehabilitative, religious or social purposes on a commercial basis. (Ord. No. 450, § 822.020, 8 -3 -78) Sauna or Bathhouse Attendant: Practitioners, licensed pursuant to Article II of this Chapter, employed at a licensed Sauna or Bathhouse premises to assist customers in the use of the facilities. Attendant duties involve direct customer contact and include, but are not limited to: valet and grooming service; issue of locks, lockers, towels, and clothing containers; and operation of sauna and bath equipment. Secs. 24 -3. Violations - Penalties. Failure to establish and maintain the premises and records required pursuant to this Chapter constitutes a violation of this ordinance. Such violations shall be cause for suspension, revocation or non - renewal of the premise or practitioner's license and, or, other penalties including a. maximum: fine of seven hundred ($700) dollars. Secs. 24 -4 thru 24 -9. Reserved. Article IV. MASSAGE CENTERS DIVISION 1: OPERATION Sec. 24 -90. Business Office and Records Each massage center licensed under this Article shall maintain a business office at a street address listed on the premise license application. The address must be an actual location from which business is conducted, and not merely a post box or similar accommodation address. The name and telephone number of the operator or manager, hours of operation of the service, and a copy of the premise license will be prominently displayed at the business office. Records of the massage center required by this Article, including the roster of massage therapists, photographs of outcall therapists and register of outcall appointments, shall be available at the premises for inspection by City officials during the posted hours of operation. Sec. 24 -91. Roster of Massage Therapists. Each massage center shall maintain, on the premises, a roster of massage therapists available through the center. The roster shall include the name, practitioner's license number, address, and telephone number of the therapist, the date that the massage center began representing the therapist, and the date, as applicable, that such representation ceased. The roster shall include the names of all massage therapists represented by the massage center during the preceding twelve (12) months. 12 Sec. 24 -92. Register of Outcall Appointments. Each massage center shall maintain, at the premises of record, a register of all appointments for outcall service provided through the center. The register shall include the name and practitioner's license number of the massage therapist, the name and address of the client, the method of payment, and the address, date and tim.e at which massage was provided. Appointments shall be registered in chronological order by date and time of appointment. The register shall include all appointments for the previous twelve months. Sec. 24 -93. Photographs of Outcall Massage Therapists. Each massage center shall maintain, at the premises of record, a color photograph of each massage therapist available for outcall service through the center. Photographs shall be full -face, not less than 2 1 /2 by 2 1 /2. inches, and shall be renewed annually. The practitioner's license number of the therapist and the date the photograph was made will be indicated in indelible ink on the reverse of the photo. Photographs will be retained while the therapist is listed on the roster described in Sec. 24 -18, above. Seca 24 -94. Premise manager. A manager must be assigned for each premises licensed under this Chapter and said manager must have a valid massage therapist practitioner's license. The premise licensee shall designate a natural person as manager and the manager shall be responsible for the conduct of the business until another natural person has been designated in writing as manager by the licensee. The premise licensee shall promptly :notify the City Manager in writing of any change or managers; said notice indicating the name and address of the new manager and the effective date of such change. (Ord. No. 450, § 822.070, 8 -3 -78) Sec. 24 -66. Clothing requirements. The buttocks and genitals of all massage therapists and the breasts of female massage therapists shall be opaquely clothed at all times during the provision of licensed services. (Ord. No. 450, § 822.069, 8 -3 -78) Sec. 24 -95. Prohibited activities. Any touching, manipulation, stimulation or excitation of the sexual or genital anatomy of a client by a massage therapist, or of a massage therapist by a client, pursuant to the provision of massage is expressly prohibited. In addition to penalties provided elsewhere in this Chapter, a maximum fine of seven hundred ($700) dollars may be imposed for each violation of this section. (Ord. No. 450, § 822.120, 8 -3 -78) Sec. 24 -96. Prohibited solicitation of business by licensed practitioner. No practitioner licensed under this Article shall solicit business in any public place or in any licensed liquor establishment in the City. (Ord. No. 450, § 822.067, 8 -3 -78) Secs. 24 -97.. Violations - Penalties. Violation of requirements and procedures specified in this Article shall be cause for suspension, revocation or non - renewal of the premise or practitioner's license and, or, other penalties including a maximum fine of seven hundred ($700) dollars. 13 Secs. 24 -98 thru 24 -99. Reserved. DIVISION 2. LICENSES Sec 24 -100. License Fees - Generally. The fees charged by the City for preparing, recording and issuing licenses pursuant to this Article shall be established by resolution of the City Council. (Ord. No. 450, § 822.034, 8 -3 -78) Sec. 24 -101. License Fee - Initial. The license fee shall be paid when the application for a license under this Article is submitted and shall not be refundable. (Ord. No. 450, § 822.035, 8 -3 -78) Sec. 24 -102. Same - Investigative fee. Upon the filing of an application for a premise or individual license under this article, the applicant shall pay in full any applicable investigative fee established by resolution of the City Council. Investigative fees are non - refundable. Investigative fees are assessed to defray the cost of background investigation of the prospective licensee and, in the case of premise licenses, of the original designated manager thereof. No investigation is required and no investigative fee shall be charged for routine annual renewal of licenses. When a license has expired due to failure of the license - holder to apply for timely renewal, or where a license has been denied or revoked by action of the City Council; the City Manager, at the recommendation of the chief of police, may require the applicant to pay the investigative fee anew.(Ord. No. 450, § 822.050 8 -3 -78) Sec. 24 -103. Premise license required. Except for the incidental provision of services defined in Sec. 24 -1 of this Chapter, each person, firm, partnership, association, or corporation operating a massage service within the limits of the City must be in possession of a current premise license for such business issued by the City. Sec. 24 -104. Premise license application - manner of submission. An application for a premise license under this Article shall be made on forms supplied by the City for such purpose and shall contain all information required by this Chapter. Any falsification or willful omission of information required in the application shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, § 822.040, 8 -3 -78) Sec. 24 -105. Information required - premise license application. Each applicant for a massage service premise license shall provide the following information on the application form: (1) Whether the applicant is a natural person, a corporation, a partnership or other form of organization. 14 (2) If the applicant is a natural person, his or her true name, place and date of birth, street residence address and phone number; whether the applicant is a citizen of the United States; whether the applicant has ever used or has been known by a name other than his or her true name, and if so, what was such name or names, and information concerning dates and places where used; the name of the business, if it is to be conducted under a designation, name or style other than the full individual name of the applicant, and in such a case, a copy of the certification, as required by M.S., Chapter 333, certified by the Clerk of the District Court shall be attached to the application; the street addresses at which applicant has lived during the preceding five (5) years; the kind, name, and location of every business or occupation the applicant has been engaged in during the preceding five (5) years; whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than traffic ordinances, and, if so, the applicant shall furnish information as to the time, place, and offense for which convictions were had; the physical description of the applicant; the types and amount of training possessed by the - applicant relevant to the operation of a massage center; and the same information shall be required of the manager. (3) If the applicant is a partnership, the names and addresses of all partners and all information concernin g each partner and the manager as is required of an individual applicant in paragraph (2) above; the name of the managing partner(s) and the interest of each partner in the business; a true copy of the partnership agreement shall be submitted with the application, and if the partnership is required to file a certificate as to a trade name under the provisions of M.S., Chapter 333, a copy of such certificate, certified by the Clerk of the District Court shall be attached. (4) If the applicant is a corporate or other organization, the name and, if incorporated, the state of incorporation; a true copy of the certificate of incorporation, Articles of incorporation of association agreement, and bylaws shall be attached to the application, and if a foreign corporation, a certificate of authority, as described in M.S., Chapter 303, shall be attached; the name of the manager and all information concerning said person as is required by paragraph (2) above; a list of all parties who control or own an interest in excess of five (5) percent in such corporation or organization or who are officers of the corporation or organization and all information concerning said person(s) as is required by paragraph (2) above. (5) Whether the applicant is licensed in other communities; and if so, where. (6) Whether the applicant has previously been denied a license to conduct the type of business for which a license is requested. (7) Description and address of the premises for which the license is requested. (8) Whether the applicant will allow clinical hours by students that are in training for massage therapy as described in Article I Sec. 24.2. (84fD If the applicant is a natural person, one front face photograph of the applicant, taken within thirty (30) days of the date of application, at least two and one -half (2'/2 ") inches square. If the applicant is a partnership, corporation, or other organization, one front face photograph of each partner and managing agent, taken within thirty (30) days of the date of application, at least two and one -half (2 1 /2 ") inches square. ( Such other information as the City Council may require. (Ord. No. 450, § 822.041, 8 -3 -78) Sec. 24 -106. Application to be verified. 15 The application for a premise license under this Article shall be signed and sworn to by the applicant if the applicant is a natural person. If the applicant is a corporation, the application shall be signed and sworn to by an officer of the corporation. If the applicant is a partnership, the application shall be signed and sworn to by one of the partners. The application shall be notarized by a commissioned notary public. (Ord. No. 450, § 822.043, 8 -3 -78) Sec. 24 -107. Issuance or denial. No premise license shall be issued under this Article except pursuant to approved of the City Council. The Council may grant or deny any license requested at its discretion. Council approval shall not be necessary for the routine renewal of an existing business license; provided that, failure to apply for renewal at least thirty (30) days before the expiration of an existing license maybe considered an abandonment of this routine renewal privilege and Council approval may be required prior to renewal is such cases. (Ord. No. 450, § 822.090, 8 -3 -78) Sec. 24 -108. Conditions of premise license. No premise license shall be issued, renewed or continued in effect under this Article, unless there is compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to maintain compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, § 822.060 8 -3 -78) Sec. 24 -109. Licensing of premises when taxes, assessments, claims, etc., due, unpaid, etc., to City, county, or state. No license shall be granted or renewed under this Article on any premises on which taxes, assessment or other financial claims of the City, county or state are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Minnesota Statutes, Chapter 278, questioning the amount or validity of taxes, the Council may, on appeal by the applicant, waive strict compliance with this provision. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due. (Ord. No. 450, § 822.160, 8 -3- 78) Sec. 24 -110. Suspension or revocation of premise license. A premise license issued under this Article maybe revoked by the Council for cause pursuant to a hearing. Such hearing to be held after five (5) days notice to the licensee. A license maybe suspended temporarily by the City Manager and suspension shall continue until otherwise ordered by the Council, providing that the charges of the City Manager be delivered in writing to the licensee and that the Council afford the licensee a hearing at its first scheduled meeting immediately following the suspension order. Upon hearing, the Council may continue the suspension for a specific period or may terminate same or may continue the license in effect based upon any additional terms, conditions and stipulations which the Council may in its sole discretion impose. (Ord. No. 450, § 822.170, 8 -3 -78) Sec. 24 -111. Prohibited activities when license suspended or revoked. No premise licensee shall solicit business or offer or agree to perform any licensed service, nor shall luol licensed employees of the business licensee solicit business or offer or agree to perform any licensed service within the City, while the business license is under suspension or revocation under this Article. (Ord. No. 450, § 822.180, 8 -3 -78) Sec 24 -112. Expiration date. Premise licenses issued under this Division shall terminate on the last day of the calendar year in which such license was issued. (Ord. No. 450, § 822.033, 8 -3 -78) Sec. 24 -113. Transfer of premise licenses. No premise license issued under this Article shall be transferred to any other person or premises. (Ord. No. 450, § 822.036, 8 -3 -78) Sec. 24 -114. Practitioner's License Required for Individuals. . It shall be unlawful for any natural person to engage in business as a massage therapist, as defined in this Chapter, unless: (1) Such person is in possession of a current practitioner's license; and, (2) Such person is listed in the therapists' roster of at least one massage service currently licensed under Section 24 -19, above. "Engage in business ", means the provision of services described in this Chapter for which any charge or fee is made or any money or thing of value is solicited or received by the provider. Sec. 24 -115. Minimum Age Requirement. Every applicant for a practitioner's license under this Article must be a natural person and at least twenty -one (21) years of age. (Ord. No. 450, § 822.037, 8 -3 -78) Sec. 24 -116. Disqualifications for licenses.No practitioner's license shall be issued to any applicant who: (1) Is under twenty -one (21) years of age; (2) Is not a United States citizen or legal resident alien; (3) Has, within the past five (5) years, been convicted of a felony offense, or any misdemeanor offense involving moral turpitude, or which relates directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity; or (4) Within five (5) years prior to the date of application, has had a similar license revoked, denied or suspended. (Ord. No. 450, § 822.064, 8 -3 -78) Sec. 24 -117. Filing of practitioner's license application. Every application for a practitioner's license under this Article shall be filed with the City Clerk on a form to be provided thereby. (Ord. No. 450, § 822.041, 8 -3 -78) 17 Sec. 24 -118. Practitioner's license application - manner of submission. An application for a practitioner's license under this Article shall be made on forms supplied by the City for such purpose and shall contain all information required by this Chapter. Any falsification or willful omission of information required in the application shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, § 822.040, 8 -3 -78) Sec. 24 -119. Information required - practitioner's license application. Each applicant for a massage therapist's practitioner's license shall provide the following information in their application: (1) The applicant's true name, place and date of birth, street residence address and phone number; whether the applicant is a citizen of the United States; whether the applicant has ever used or has been known by a name other than his or, her true name, and if so, what was such name or names, and information concerning dates and places where used; the street addresses at which applicant has lived during the preceding five (5) years; whether the applicant has ever been convicted of any crime and, if so, the applicant shall furnish information as to the time, place, and offense for which convictions were had; the physical description of the applicant; and the previous training or experience of the applicant in providing massage services. (2) Whether the applicant is presently licensed in other communities; and if so, where. (3) Whether the applicant has previously been denied a license to provide massage services. (4) One front face photograph of the applicant, taken within thirty (30) days of the date of application, at least two and one -half (2' /z ") inches square. (5) Such other information as the City Council may require. (Ord. No. 450, § 822.041 8 -3 -78. Sec. 24 -120. Educational requirements of applicants. Every applicant for a massage therapist practitioner's license under this Article shall furnish a certified copy of their diploma or certificate of graduation from a recognized school. (Ord. No. 450, § 822.080, 8- 3 -78) Sec, 24 -121. Application to be verified. The application for a practitioner's license under this Article shall be signed by the applicant, in the presence of a city employee, at the time of filing. Applicants shall furnish satisfactory proof of identification upon signing. Sec. 24 -122. Conditions of practitioner's license. No practitioner's license shall be issued, renewed or continued in effect under this Article, unless there is compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to maintain compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450 § 822.060, 8 -3 -78) Sec. 24 -123. Issuance or denial; appeal. C 'W . • • •• • • • � • • • - • • • • • • \ Na'A •- • , • , • .. _ lrwALW II! Applications for personal service licenses under this Article shall be reviewed by the chief of police and such other City officials as the City Manager may deem necessary. At the earliest practicable time thereafter, the City Manager shall issue or deny the request for a license based upon the recommendation of such officials. Denial of an application by the City Manager may be appealed to the City Council, if such appeal is made in writing within ten (10 ) working days following the date of denial of the license. When appealed, the City Council may uphold or reverse the decision of the City Manager. Sec. 24 -124. Suspension or revocation of practitioner's license. A practitioner's license issued under this Article maybe suspended or revoked by the City Manager for cause pursuant to an administrative hearing. Such hearing will be conducted by a city officer appointed for this purpose by the City Manager and will be conducted five (5) days following the service of notice of revocation upon the license holder. The notice of revocation will specify the violations and causes upon which the suspension or revocation is based and will afford the practitioner the opportunity to attend the administrative hearing. Service of the notice may be accomplished by certified mail to the practitioner's address of record or by leaving a copy of the notice with the manager of the massage service which maintains the practitioner upon it's roster of therapists. Sec. 24 -125. Appeal of suspension or revocation. The practitioner may appeal a license suspension or revocation during a regularly meeting of the City Council. After reviewing the grounds for action and the results of the administrative hearing, the Council may uphold or reverse the decision of the hearing officer and it's judgement in this matter shall be final. Sec. 24 -126. Prohibited activities when practitioner's license suspended or revoked. No practitioner licensed under this Article shall solicit business or offer or agree to perform any licensed service within the City when the license of said person has been suspended or revoked. (Ord. No. 450, §X22.190, 8 -3 -78) Sec. 24 -127. Practitioner's license to be carried, etc. A copy of the practitioner's license or an identification card, issued under this Chapter by the City, shall be carried by the licensee at all times while so employed and licensees shall present such documents for inspection when so requested by a proper official of the City. (Ord.No.450,§822.110, 8 -3 -78) Sec 24-128. Expiration date. Practitioner's licenses issued under this Article shall terminate on the last day of the calendar year in 19 which such license was issued. (Ord. No. 450, § 822.033, 8 -3 -78) Sec. 24 -129. Reserved. Article IV. LICENSED PREMISES Sec. 24-130. Construction requirements. All premises licensed under this Chapter shall meet the following construction requirements: (1) Mechanical ventilation, lighting, and sanitary fixtures for closets, restrooms, offices, treatment areas and public areas shall conform the codes established by the American Society of Heating, Refrigeration and Air Conditioning Engineers and by the Uniform Building Codes. (2) Individual lockers shall be provided or the use of patrons with separate keys for locking. (3) The doors to saunas and individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side. (Ord. No. 450, § 822.061, 8 -3 -78) Sec. 24 -131. Maintenance requirements. All premises licensed under this Chapter shall meet the following maintenance requirements: (1) Hand washing sinks, urinals, floors, walls and equipment shall be kept in a state of good repair and maintained in a clean, sanitary condition at all times. (2) Sanitary hand cleaning agents, sanitary towels and toilet tissue shall be provided at all times. (3) Adequate refuse receptacles shall be provided and shall be emptied as required. (4) Linens and other materials shall be stored at least twelve (12) inches off the floor. (5) Clean towels and washcloths shall be made available for each customer in massage centers sauna, and bathhouses. (Ord. No. 450, § 822.062, 8 -3 -78) Sec. 24 -132. Zoning requirements. In the development and execution of this Chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of these uses are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Therefore, all premises licensed under this Chapter shall meet the following zoning requirements in addition to any others that may otherwise be provided for by this Code and other ordinances of this City: (1) A business license shall be issued under this Chapter only for property zoned business - commercial; provided that, such use is not detrimental to existing and future development. (2) No escort service, massage center, sauna, or bathhouse shall be operated within twenty -six hundred (2,600) feet of any other escort service, massage center, sauna or bathhouse. 20 (3) No escort service, massage center, sauna, or bathhouse shall be operated within twenty -six hundred (2,600) feet of any residentially zoned district, a church, a nursery, an elementary, junior high or high school or any establishment frequented by juveniles. (Ord. No. 450, § 822.063, 8 -3 -78) Sec. 24 -133. Closing hours. No premises licensed under this Chapter shall be open between the hours of 10:00 p.m. and 7:00 a.m. of the following day. Operating hours are restricted from 12:00 noon to 5:00 p.m. on Sundays. (Ord. No. 450, § 822.063, 8 -3 -78) Sec. 24 -134. Inspections of premises. All applicants and licensees under this Chapter shall allow a proper official of the City p to inspect and periodically examine the premises for the purpose of ascertaining that said premises conform to all requirements and regulations pertaining to health, fire and sanitation and to ensure the preservation of the good order and peace of the City. Any refusal on the part of the applicant or licensee to allow such inspection or examination shall be deemed as sufficient grounds upon which the City Manager may deny, suspend or revoke a license. (Ord. No. 450, § 822.100, 8 -3 -78) Sec. 24 -135. Minimum age requirement for presence on premises, exception. No person under the age of eighteen (18) years shall be permitted . at any time on the premises licensed under this Chapter as a customer or guest, unless accompanied by a parent or guardian. (Ord. No. 450, § 822.130, 8 -3 -78) Sec. 24 -136. Alcoholic beverages on premises. No alcoholic beverages shall be allowed on any premises licensed under this Chapter at any time. (Ord. No. 450, § 822.140, 8 -3 -78) Cross reference -- Alcoholic beverages generally, Ch. 5. Secs. 24 -137. Violations - Penalties. Violation of requirements and procedures specified in this Article shall be cause for suspension, revocation or non - renewal of the business premise or personal service license and, or, other penalties including a maximum fine of seven hundred ($700) dollars. Seconded by Councilmember/Mayor Ayes - All K. NEW BUSINESS 1. Approve Policy and Procedure for Connection to Utility Main by Non - Assessed Property a. City Manager Fursman introduced the staff report. b. City Engineer Ahl presented the specifics of the report. 21 Councilmember Collins moved to approve the Internal Policy and Procedure for Connection to Utility Main for Non - Assessed Property. Seconded by Councilmember Allenspach Ayes - All 2. August 23r Budget Meeting — Change of Venue and Time a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Collins moved to approve the time and venue for the first budget meeting at 5:00 p.m. on August 22, 2001 in the Council Chambers. Seconded by Councilmember Allenspach Ayes - All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Garbage Hauling Study -This item will be placed under Future Topics on the Council /Manager's Workshop Agenda. 2. Joy Park - Councilmember. Collins would like to see continued improvements made to the park, and the part time police trafficking of the park reviewed. 3. City Manager Fursman reminded the public that the City Clerk's office is now open until 7:00 p.m. on Monday nights. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 8:50 P.M. Seconded by Councilmember Allenspach Ayes - All 22 AGENDA NO. G -1 TO: City Council AGENDA REPORT FROM: Finance Director RE: APPROVAL OF CLAIMS Action by Count Date ndorsed Modified 1, jt! WINNOW DATE: August 20, 2001 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE $1 Checks #55018 thru #55019 dated 8/7 thru 8/9/01 $505,758.92 Checks #55020 thru #55106 dated 8/10 thru 8/14/01 $77,544.40 Disbursements via debits to checking account dated 8/7 thru 8/10/01 $2,401.25 Checks #55107 thru #55108 dated 8/14/01 $118,283.38 Checks #55109 thru #55166 dated 8/21/01 $166,996.39 Disbursements via debits to checking account dated 8/13 thru 8/20/01 $872,650.34 Total Accounts Payable PAYROLL $353,519.71 Payroll Checks and Direct Deposits dated 8/17/01 $25,937.6 Payroll Deduction check #85309 thru #85313 dated 8/17/01 $379,457.35 Total Payroll $1,252,107.69 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 770 -4513 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. hu Attachments SAAGENDAAML0120.AUG vchlist Check Register Page: 1 08/ ~ 10/200' 11:12:21 AM City of Maplewood Check Date Vendor 55018 8/7/01 02142 RITZ, THE 55019 8/9/01 02131 SUPER SOFT TEES 55020 8/14/01 01908 ADMINISTRATION, DEPT OF 55021 8/14/01 00111 ANIMAL CONTROL SERVICES, INC. 55022 8/14/01 01810 BARNA, GUZY & STEFFEN, LTD. 55023 8/14/01 01811 BERNATELLO'S PIZZA INC 55024 8/14/01 02076 55025 8/14/01 02143 55026 8/14/01 00244 55027 8/14/01 02114 55028 8/14/01 00310 55029 8/14/01 02101 55030 8/14/01 00358 55031 8/14/01 00447 55032 8/14/01 00463 55033 8/14/01 00479 55034 8/14/01 00535 55035 8/14/01 02108 55036 8/14/01 00661 55037 8/14/01 02149 55038 8/14/01 00719 55039 8/14/01 00721 55040 8/14/01 01605 55041 8/14/01 00730 55042 8/14/01 00749 55043 8/14/01 01857 55044 8/10/01 00767 55045 8/14/01 01894 55046 8/14/01 00856 55047 8/14/01 00901 55048 8/14/01 00932 55049 8/14/01 00936 55050 8/14/01 00945 55051 8/14/01 02145 55052 8/14/01 01819 55053 8/14/01 01951 55054 8/14/01 00986 55055 8/14/01 00998 55056 8/14/01 01015 55057 8/14/01 01051 55058 8/14/01 01028 55059 8/14/01 02144 55060 8/14/01 01382 55061 8/14/01 02150 55062 8/14/01 00395 55063 8/14/01 01202 55064 8/14/01 02146 55065 8/14/01 00001 BETKER, RYAN C R PELTON & ASSOCIATES CABLING SERVICES CORP CARL BOLANDER & SONS CO. COMMONWEALTH ELECT OF MN, INC. CSI ERGONOMICS D & D TOWING SERVICE INC. ECOPRINT GRAPHICS SERVICES EMERGENCY APPARATUS MAINT. EULL'S MANUFACTURING CO., INC. FRANSSEN, MARY ANN HALE, WILL HERITAGE BANK HERSOM, HEIDI INDEPENDENT SCHOOL DIST. #622 INDEPENDENT SPORTS NETWORK INSTITUTE FOR FORENSIC PSYCH, THE INSTY- PRINTS JAHN, DAVID JOHNSON BROS WELL DRILLING JOHNSON, KEVIN A KELLY & FAWCETT PA LE, SHERRIE L M.G.F.O.A. MAPLEWOOD BAKERY MAPLEWOOD HISTORICAL SOCIETY MASYS CORP MCDONALD HOMEBUILDING COLLAB MCLEOD USA MEDICARE REFUND METROPOLITAN COUNCIL MIDWEST COCA -COLA BOTTLING CO. MINNCOMM MN OCCUPATIONAL HEALTH MN STATE TREASURER STAX MRCI MUELLER, RON NAMEBANK DIRECT MAIL NATURAL RESOURCES, DEPT OF NYSTROM PUBLISHING CO INC ODLAND PROTECTIVE COATING INC ONE TIME VENDOR Description /Account PERFORMANCE NNO REMAINDER OF PYMT- 500 MCC T -SHI DATA PROCESSING - JUNE PATROL & BOARDING FEES PATROL & BOARDING FEES PROF SRVS - JULY MERCH FOR RESALE MERCH FOR RESALE VEH ALLOW & MILEAGE 8/1 TO 8/7 APPRAISAL OF DAMAGED VEHICLE DATA & PHONE CABLING EDGERTON PK SITE IMPRV PYMT 2 CUT FEEDER WIRES TO PUMP DISPATCH CONSOLE SYSTEM TOW SQUAD TOW FORFEITURE VEHICLE LETTERHEAD REPAIR ENGINE 1 REPAIR ENGINE 4 MORTAR MIX 5 MIDSUMMER NIGHTS- BALLOON CHA MIDSUMMER NIGHTS MUSIC - 5 US SAVINGS BONDS 7/20 & 8/3 P/R MILEAGE - 6/29 TP 7/31 CITY'S PORTION OF TARTAN ARENA SOFTBALL UMPIRING 7/15 TO 8/2 PSYCHOLOGICAL EXAM - KROLL AIRLINE PROMO CARDS /BROCHURES COMPUTER MAC DRAWINGS OLD RAILROAD WELL SITE POLICE OFFICER AT RECEPTION 8/11 LEGAL SERVICES - JULY TELEPHONE CHARGES 6/20 & 6/21 LUNCHEON MTG 8/15 MERCH FOR RESALE BIRTHDAY CAKES BIRTHDAY CAKES NNO SILENT AUCTION PROCEEDS HARDWARE /SOFTWARE MAINT SEPT 0 REF ESCROW - 830 NEW CENTURY BL LOCAL PHONE SERVICE - 6/16 TO 7/15 REF MEDICARE - AMB 01009692 MONTHLY SAC - JULY 2001 MERCH FOR RESALE PAGERS PRE - EMPLOYMENT PHYSICALS MONTHLY SURTAX -JULY SURVEYING STAKES & LATHE PAINTING POLICE DEPT MAILING LISTS & MAIL PROCESSING DNR FEES NEWSLETTER FOR AUGUST LOGO & LETTERING ON COPE AVE TOW REF ESTATE MOLLIE BROWN - AMB 01 Amount 500.00 1,166.00 440.00 1,136.71 1,112.45 117.00 321.60 80.40 67.34 95.00 1,542.48 260,751.38 930.41 22,011.47 53.25 74.55 1,047.89 800.47 240.19 145.79 500.00 425.00 350.00 15.18 30,558.00 3,929.25 350.00 3,225.40 323.00 5,450.00 187.50 11,562.09 16.85 30.00 612.13 28.50 89.00 326.00 704.25 1,051.10 3,690.40 297.92 31,878.00 515.95 163.98 327.00 3,197.64 495.25 150.00 2,214.41 306.00 2,575.86 6,800.00 424.51 vchlist Check Register Page: 2 08/10/2001 11:12:21 AM City of Maplewood Check Date Vendor Description /Account Amount 55066 8/14/01 55067 8/14/01 55068 8/14/01 55069 8/14/01 55070 8/14/01 55071 8/14/01 55072 8/14/01 55073 8/14/01 55074 8/14/01 55075 8/14/01 55076 8/14/01 55077 8/14/01 55078 8/14/01 55079 8/14/01 55080 8/14/01 55081 8/14/01 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 00001 ONE TIME VENDOR 01225 OSWALD HOSE & ADAPTERS 02043 OVERHEAD DOOR COMPANY 01238 PAKOY, EUGENE F 02103 PINK BUSINESS INTERIORS INC 55082 8/14/01 01678 QWEST 55083 8/14/01 01337 RAMSEY COUNTY -PROP REC & REV 55084 8/14/01 01360 REINHART FOODSERVICE 55085 8/14/01 01387 ROSSINI, DR. JAMES 55086 8/14/01 01418 SAM'S CLUB DIRECT 55087 8/14/01 02148 SIMONS, JENNIFER 55088 8/14/01 01466 SKYHAWKS SPORTS ACADEMY 55089 8/14/01 01468 SLABA, JACLEE 55090 8/14/01 02147 SMARCA 55091 8/14/01. 01504 ST PAUL, CITY OF 55092 8/14/01 01538 STREICHER'S 55093 8/14/01 01550 SUMMIT INSPECTIONS 55094 8/14/01 01569 SWEET COMPUTER SERVICES, INC 55095 8/14/01 01572 SYSTEMS SUPPLY, INC. 55096 8/14/01 01574 T.A. SCHIFSKY & SONS, INC 55097 8/14/01 02151 TARTAN BLUE LINE CLUB 55098 8/14/01 01591 TAYLOR SALES, INC. 55099 8/14/01 02069 ULTIMATE DRAIN SERVICES INC 55100 8/14/01 01690 UNITED HOSPITAL 55101 8/14/01 01709 VASKO RUBBISH REMOVAL 55102 8/14/01 01734 WALSH, WILLIAM P. 55103 8/14/01 01750 WATSON CO INC, THE 55104 8/14/01 01766 WHIRL -AIR -FLOW 55105 8/14/01 01190 XCEL ENERGY 55106 8/14/01 01807 ZWIEG, SUSAN REF MARK TERRY - ACTIVITY REF KEN BAZILLE - ACTIVITY REF TIM LEE - ACTIVITY REF OXBORO CREEK ELEM - GROUP REF RUTHERFORD ADV CLUB - GROUP REF PAT RINELLA - SPINNING REF GREG MERTH - ELEC PRMT 01 -01 REF TERESA LADEIN - DAMAGED SWIM! REF LINDA SHERMAN - DAY CAMP REF STILLWATER ADVENTURE - GROU REF LASHAYLA BURRELL - DAMAGED S REF WEA TRUST - AMB 01005811 REPAIR STORZ CAP FIRE STATION - PYMT 3 CONTRACTOR INSPECTIONS SIX - PERSON OFFICE UNIT, MISC., SIX- PERSON OFFICE UNIT, MISC., QWEST PHONES & EQUIPMENT COIN -OP PHONES QWEST PHONES & EQUIPMENT DATA PROCESSING SERVICES - JUNE MERCH FOR RESALE FITNESS PROGRAM FEE JULY MERCH FOR RESALE PLANT MATERIAL GERVAIS /HAZELWOO INSTRUCTOR MINI HAWK CAMP 3 MIDSUMMER NIGHTS FACE PAINTIN HVAC DUCT CONST STANDARD BOOK WATER & HYDRANT USE- 2ND QTR WATER & HYDRANT USE - 2ND QTR MOBILE & PORTABLE RADIO REPAIR SQUAD EQUIP INSTALL INSTALL STROBE TUBE ON SQUAD ELECTRICAL INSPECTIONS UPGRADE TO AMAZON BILLING STAND INK CARTRIDGES OVERLAY SEALCOAT PROGRAM VARIOUS BITUMINOUS MATERIALS NO REMOVAL OF HOCKEY BOARDS REPAIR YOGURT MACHINE PROJ 00 -04 SERVICE CALLS & CAMERA PROJ 00 -05 CAMERA INSPECTION PRE - EMPLOYMENT PHYSICAL TRASH REMOVAL - JULY COMMERCIAL PLUMBING MERCH FOR RESALE WASH FOUNTAIN STAINLESS PLATE MONTHLY UTIL - STMT DATE 8/3/01 MILEAGE 6/1 TO 8/7 310.00 310.00 310.00 224.00 144.49 57.00 40.50 40.00 40.00 25.00 20.00 10.92 42.00 1,195.05 7,266.81 9,009.64 2,342.13 985.54 134.42 985.54 1,007.50 373.67 100.00 369.06 285.21 896.40 180.00 31.15 201.54 271.83 326.39 2,228.67 55.05 3,270.40 2,939.80 426.17 6,145.60 2,590.13 5,000.00 22.18 960.00 150.00 65.00 553.13 759.70 349.17 37.45 43,647.63 34.50 89 Checks in this report Total checks: 507,424.92 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date PaXee Description 08/06/01 08/07/01 MN State Treasurer Drivers License #697 08/06/01 08/07/01 MN State Treasurer Deputy Registrar #149 08/03/01 08/07/01 MN State Treasurer State Payroll Tax 08/03/01 08/07/01 CBSA Dental Claims 08/07/01 08/08/01 MN State Treasurer Drivers License; #697 08/07/01 08/08/01 MN State Treasurer Deputy Registrar #149 08/08/01 08/09/01 MN State Treasurer Drivers License #697 08/08/01 08/09/01 MN State Treasurer Deputy Registrar #149 08/09/01 08/10/01 MN State Treasurer Drivers License #697 08/09/01 08/10/01 MN State Treasurer Deputy Registrar #149 TOTAL Amount 636.50 16,529.00 14,075.38 1,018.80 821.50 13,610.13 548.75 15,854.77 527.00 13,922.57 77,544.40 3 vchlist Check Register Page: 1 08/17/2001 10:17:27AM City of Maplewood Check Date 55107 8/14/01 55108 8/14/01 55109 8/21/01 55110 8/21/01 Vendor Descriotion /Account 00546 01708 02129 00052 GFOA VALLEYFAIR ACS ACCLAIM CONSTR SRVS INC ADVANCED GRAPHIX INC. BUDGET AWARDS REVIEW 105 VALLEYFAIR TICKETS RAISED FLOOR PANEL LIFTER TOUR SIGN FIRST AID STATION SIGN REFRESHMENTS - TRAINING MILEAGE 7/31 TO 8/17 GUN SAFE VEH ALLOW & MILEAGE 8/8 TO 8/14 FEES FOR SERVICE SCBA EQUIP REPAIR TRUCK CASCADE FILLING SYS REPAIR SRVS AT YOUTH SOFTBALL TOURN REPLACED 2 ACTUATORS LIFEGUARD ENTRY FEE & MILEAGE 7/9' MILEAGE 5/30 TO 7/6 12 COIN RETURN LOCKS STORAGE FEE - VEHICLE 10 SANITARY MH BOX FRAME FOR WASH STAND BLACKDI RT CLOSE DEVELOPER FUND 859 32 LOCATES - JULY MCC PHOTOGRAPHY MILEAGE 7/31 BUILDING SUPPLIES STATION 7 TRAINING FEE -4 REF DISCOVER CLUB OVERPAYMENT DELIVERY AND SPOTTING TREES 6000 GAL #2 DIESEL, LOW SULPHUR, RE 7000 GAL UNLEADED MID -GRADE GAS WORKERS COMP TRAINING LUNCHEON MTG 7/19/01 REPAIR MEDIC DEFIBULATOR HARDWARE REQ FOR DISPATCH AREA DARE GRADUATION CAKES GREASE CAP DNR FEES MEMBER DUES /CLUB FUND RAISER YMCA WHEEL PARK MISC SUPPLIES REF KATHY JOHNSON - ACTIVITY REF DORIS HAVEN - AMB 01008235 REF SALLY KNOCHE - OVRPMT REF REBECCA JOHNSON - FALL SOCCE REF CAROL FLANNERY - SWIM REF AMY STAFFORD - SWIM LESSONS REF MICHELLE BRIN - SWIM LESSON REF MARK WELLER - OVRPD ACTIVITY ER ID #6120 - 00,01,51 - 8/17/01 P/R CLEANING NEW STATION MCC ADVERTISING 30 PAPER PICKERS REF GRADING ESC - 2511 CARVER AVE 55111 8/21/01 00110 55112 8/21/01 00170 55113 8/21/01 00179 55114 8/21/01 02076 55115 8/21/01 00240 55116 8/21/01 00300 55117 8/21 /01 00312 55118 8/21/01 00327 55119 8/21/01 00340 55120 8/21/01 00346 55121 8/21/01 00367 55122 8/21/01 02155 55123 8/21/01 00477 55124 8/21/01 00527 55125 8/21/01 00531 55126 8/21/01 02157 55127 8/21/01 00585 55128 8/21/01 02156 55129 8/21/01 02158 55130 8/21/01 00677 55131 8/21/01 01816 55132 8/21/01 02154 55133 8/21/01 01893 55134 8/21/01 00789 55135 8/21/01 00857 55136 8/21/01 00891 55137 8/21/01 00964 55138 8/21/01 01001 55139 8/21/01 01038 55140 8/21/01 01123 55141 8/21/01 00395 55142 8/21/01 01174 55143 8/21/01 02159 55144 8/21/01 01187 55145 8/21/01 00001 55146 8/21/01 00001 55147 8/21/01 00001 55148 8/21/01 00001 55149 8/21/01 00001 55150 8/21/01 00001 55151 8/21/01 00001 55152 8/21/01 00001 55153 8/21/01 01311 55154 8/21/01 02160 55155 8/21/01 01267 55156 8/21/01 02161 55157 8/21/01 02162 ANDREWS, SCOTT BECKER, RONALD BERGERON, JOSEPH BETKER, RYAN C.S.C. CREDIT SERVICES CLAREYS SAFETY EQUIPMENT COMPRESSAIR & EQUIPMENT CO. CONVERSE, STEVE CRAMER BUILDING SERVICES CROSSON, LINDA DP INDUSTRIAL MARKETING EATON'S TOWING SERVICE ESS BROTHERS & SONS INC. FOREST PRODUCTS SUPPLY CO. FRA -DOR BLACK DIRT & RECYCLE GONYEA COMPANY GOPHER STATE ONE -CALL HALL, FRANZ C HANSEN, LORI HOME DEPOT - GECF I.A.F.C.i. INDEPENDENT SCHOOL DIST 625 JIM'S TREES KATH FUEL OIL SERVICE CO LEAGUE OF MINNESOTA CITIES M.A.M.A. MEDICAL RESEARCH LAB, INC. MIDWEST LOCK & SAFE, INC. MINNESOTA D.A.R.E., INC. NAPA NATURAL RESOURCES, DEPT OF NORTH ST PAUL- MAPLEWOOD - NORTHEAST FAMILY YMCA NORTHERN TOOL & EQUIPMENT CO. ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR P.E.R.A. PARKOS, LISA PIONEER PRESS RIBCO ENTERPRISES SCHLOMKA LANDSCAPING Amount 275.00 2,126.25 47.30 101.18 31.95 28.00 64.86 100.00 37.88 50.00 220.60 218.67 120.00 1,567.12 116.75 46.23 785.83 300.00 1,703.75 250.00 1,328.06 2,175.52 51.20 2,097.62 17.94 73.87 300.00 47.50 200.00 4,857.72 7,887.95 60.00 16.00 199.00 3,132.27 36.00 2.44 304.00 200.00 15,000.00 28.72 310.00 181.84 60.00 50.00 40.00 40.00 30.00 10.00 36, 507.96 175.00 1,966.28 284.89 1,004.38 `1 vchlist Check Register Page: 2 08/17/2001 10:17:27AM City of Maplewood Check Date Vendor Description /Account J,I iV.U4 3,139.89 1,300.00 4,618.31 3,000.00 634.95 29.29 261.67 85.20 19.17 634.95 691.35 15,000.00 450.00 773.28 55158 8/21/01 02163 55159 8/21/01 01466 55160 8/21/01 01836 55161 8/21/01 02164 55162 8/21/01 01693 55163 8/21/01 01683 55164 8/21/01 02165 55165 8/21/0 . 1 01764 55166 8/21/01 02166 60 Checks in this report SEVERSON, KRYSTAL SKYHAWKS SPORTS ACADEMY ST PAUL, CITY OF TOLTZ, KING, DUVALL, ANDERSON U.S. POSTAL SERVICE UNIFORMS UNLIMITED INC URS / BRW INC WESTLING, TOM YORK INTERNATIONAL CORP REF GRADING ESC - 2554 HALLER LN E BASKETBALL & ROLLER HOCKEY INST DEER ANIMAL CONTOL - 3/30 TO 4/12 PROF SRVS - HAZELWOOD SOCCER FI REPLENISH POSTAGE METER BULLETPROOF VEST NAME TAGS RESERVE BADGES BADGE PANEL CHANGES COLLAR BRASS BULLETPROOF VEST PROD 01 -09 BEAVER CRK SAN SWR PROJ 01 -10 BEAVER LAKE TOWNHOME HEAD TEAM INSTRUCTOR REPAIRED AUTOMATION OF CHILLERS Total checks : 120,684.63 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date D_ ate Payee 08/10/01 08/10/01 08/13/01 08/13/01 08/10/01 08/14/01 08/14/01 08/15/01 08/15/01 08/16/01 08/16/01 08/13/01 08/17/01 08/17/01 08/17/01 08/13/01 08/13/01 08/14/01 08/14/01 08/14/01 08/15/01 08/15/01 08/16/01 08/16/01 08/17/01 08/17/01 08/17/01 08/20/01 08/20/01 08/20/01 MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer CBSA MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer MN State Treasurer MN Dept of Revenue MN State Treasurer MN State Treasurer U.S. Treasurer TOTAL Description Drivers License #697 Deputy Registrar #149 Drivers License #697 Deputy Registrar #149 Dental Claims Drivers License #697 Deputy Registrar #149 Drivers License #697 Deputy Registrar #149 Drivers License #697 Deputy Registrar #149 Sales Tax Drivers License #697 Deputy Registrar #149 Federal Payroll Tax Amount 626.50 10,829.25 800.50 18,718.75 2, 532.95 763.50 14,058.49 777.00 11,302.43 663.50 10,388.00 5,564.00 563.50 10,913.38 78,494.64 I bb,yJb.;3y C CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/17/01 ALLENSPACH, SHERRY 339.27 dd 08/17/01 COLLINS, KENNETH 339.27 dd 08/17/01 KOPPEN, MARVIN 3 3 9.27 dd 08/17/01 MCGUIRE, MICHAEL 197.48 dd 08/17/01 DOLLERSCHELL, ROBERT 251.25 dd 08/17/01 OSTER, ANDREA 1,555.14 dd 08/17/01 CARLSON, THERESE 1,870.23 dd 08/17/01 HOIUM, DORA 272.00 dd 08/17/01 LE, SHERYL 3 dd 08/17/01 FAUST, DANIEL 3 dd 08/17/01 URBANSKI, HOLLY 1,482.34 dd 08/17/01 ANDERSON, CAROLE 877.12 dd 08/17/01 BAUMAN, GAYLE 2 dd 08/17/01 JACKSON, MARY 1,575.94 dd 08/17/01 KELSEY, CONNIE 870.22 dd 08/17/01 TETZLAFF, JUDY L391.94 dd 08/17/01 DARST, ROBERTA 1,080.74 dd 08/17/01 FRY, PATRICIA L613.45 dd 08/17/01 GUILFOILE, KAREN 2 dd 08/17/01 CAROE, JEANETTE 1,595.48 dd 08/17/01 JAGOE, CAROL 1,464.53 dd 08/17/01 JOHNSON, BONNIE 895.74 dd 08/17/01 OLSON, SANDRA 896.99 dd 08/17/01 WEAVER, KRISTINE 1 dd 08/17/01 CORCORAN, THERESA 1, 5 5 3.5 8 dd 08/17/01 MARTINSON, CAROL 1 dd 08/17/01 POWELL, PHILIP 1 dd 08/17/01 THOMALLA, DAVID 2 dd 08/17/01 WINGER, DONALD 3,571.27 ;dd 08/17/01 ALDRIDGE, MARK 2,009.54 dd 08/17/01 ANDREWS, SCOTT 2 , dd 08/17/01 BAKKE, LONN 2 dd 08/17/01 BANICK, JOHN 2,743.10 dd 08/17/01 BELDE, STANLEY 2,157.39 dd 08/17/01 BOHL, JOHN 2,221.55 dd 08/17/01 BOWMAN, RICK 2 dd 08/17/01 BUSACK, DANIEL 1 dd 08/17/01 DOBLAR, RICHARD 1,599.29 dd 08/17/01 HALWEG, KEVIN 2,914.39 dd 08/17/01 HEINZ, STEPHEN 2 dd 08/17/01 HERBERT, MICHAEL 2,260.60 dd 08/17/01 HIEBERT, STEVEN 2 dd 08/17/01 JOHNSON, KEVIN 2,334.47 dd 08/17/01 KARIS, FLINT 2,411.82 7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/17/01 KROLL, BRETT 1,378.90 dd 08/17/01 KVAM, DAVID 2,477.98 dd 08/17/01 LARSON, DANIEL 1,889.95 dd 08/17/01 LU, JOHNNIE 1 dd 08/17/01 MARTIN, JERROLD 1,423.03 dd 08/17/01 OLSON, JULIE 1 dd 08/17/01 PIKE, GARY 2,086.34 dd 08/17/01 RABBETT, KEVIN 2,438.81 Ad 08/17/01 STEFFEN, SCOTT 2 dd 08/17/01 STOCKTON, DERRELL 2 dd 08/17/01 SZCZEPANSKI, THOMAS 2,409.81 dd 08/17/01 WATCZAK, LAURA 2 dd 08/17/01 WENZEL, JAY 1,806.36 dd 08/17/01 WENZEL, STEPHANIE 1,760.74 dd 08/17/01 BERGERON, JOSEPH 2 dd 08/17/01 CROTTY, KERRY 2,114.41 dd 08/17/01 DUNK, ALICE 2,510.93 dd 08/1.7/01 ERICKSON, VIRGINIA 2 dd 08/17/01 EVERSON, PAUL 1 dd 08/17/01 FLOR, TIMOTHY 2 dd 08/17/01 FRASER, JOHN 2,506.08 dd 08/17/01 HALWEG, JODI 1 dd 08/17/01 MORNING, TIMOTHY 1,348.74: dd 08/17/01 PALMA, STEVEN 2 dd 08/17/01 PARSONS, KURT 1 dd 08/17/01 ROSSMAN, DAVID 2,124.08 dd 08/17/01 THIENES, PAUL 2 dd 08/17/01 GERVAIS -JR, CLARENCE 2,121.83 dd 08/17/01 CALLAHAN, COLLEEN 1,860.93 dd 08/17/01 SPANGLER, EDNA 5 65.3 6 dd 08/17/01 LUKIN, STEVEN 2 dd 08/17/01 SVENDSEN, RUSTIN 2,227.89 dd 08/17/01 ZWIEG, SUSAN 1,636.86 =- dd 08/17/01 AHL, R. CHARLES 3,3 87.11 dd 08/17/01 PRIEFER, WILLIAM 1,991.94 dd 08/17/01 DEBILZAN, THOMAS 1 dd 08/17/01 EDGE, DOUGLAS 1 dd 08/17/01 KANE, MICHAEL 2,235.14 dd 08/17/01 LUNDSTEN, LANCE 2 dd 08/17/01 LUTZ, DAVID 1,684.37 dd 08/17/01 MEYER, GERALD 1,668.74 dd 08/17/01 NAGEL, BRYAN 109.54 dd 08/17/01 OSWALD, ERICK 1,826.37 dd 08/17/01 TEVLIN, TODD 1,270.34 dd 08/17/01 CAVETT, CHRISTOPHER 2,634.33 dd 08/17/01 DUCHARME, JOHN 1,929.54 8 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/17/01 PECK, DENNIS 2,067.94 dd 08/17/01 PRIEBE, WILLIAM 1,965.54 dd 08/17/01 ANDERSON, BRUCE 3 dd 08/17/01 DOHERTY, KATHLEEN 1,554.34 dd 08/17/01 MARUSKA, MARK 2 dd 08/17/01 SCHINDELDECKER, JAMES 1,611.94 dd 08/17/01 GREW- HAYMAN, JANET 871.97 dd 08/17/01 HORSNELL, JUDITH 1 dd 08/17/01 KOS, HEATHER 909.45 dd 08/17/01 NELSON, JEAN 925.36 dd 08/17/01 GAYNOR, VIRGINIA L510.34 dd 08/17/01 COLEMAN, MELINDA 3413.40 dd 08/17/01 EKSTRAND, THOMAS 2,213.16 dd 08/17/01 KROLL, LISA 907.47 dd 08/17/01 LIVINGSTON, JOYCE 863.00 dd 08/17/01 SINDT, ANDREA 1,226.34 dd 08/17/01 THOMPSON, DEBRA 553.5.8 dd 08/17/01 YOUNG, TAMELA 1,134.34 dd 08/17/01 BERGO, CHAD 1 dd 08/17/01 FINWALL, SHANN 1,935.50 dd 08/17/01 ROBERTS, KENNETH 2 dd 08/17/01 CARVER, NICHOLAS 2,151.14 dd 08/17/01 FISHER, DAVID 2 dd 08/17/01 ANZALDI, MANDY 861.00 dd 08/17/01 FLUG, MEGAN 178.25 dd 08/17/01 GRAF, MICHAEL 1,311.94 dd 08/17/01. KELLY, LISA 972.76 dd 08/17/01 ROBBINS, AUDRA 1 dd 08/17/01 TAUBMAN, DOUGLAS 2,272.59 dd 08/17/01 BREHEIM, ROGER 1,623.94 dd 08/17/01 NORDQUIST, RICHARD 1,8.61.30 dd 08/17/01 OTIS, MARY ELLEN 642.03 dd 08/17/01 SCHULTZ, SCOTT 1,588.61 dd 08/17/01 CROSSON, LINDA 1,881.54 dd 08/17/01 EASTMAN, THOMAS 2,195 .dd 08/17/01 ERICKSON, KYLE 516.74 dd 08/17/01 HERSOM, HEIDI 1,516.74 dd 08/17/01 MCCLUNG, HEATHER 602.17 dd 08/17/01 RODEN, AARON 459.77 dd 08/17/01 STAPLES, PAULINE 2 dd 08/17/01 ATKINS, KATHERINE 198.88 dd 08/17/01 CORNER, AMY 180.90 dd 08/17/01 HASSENSTAB, DENISE 102.50 dd 08/17/01 HAWKINS, LISA 19.95 dd 08/17/01 HORWATH, RONALD 1 dd 08/17/01 KOEHNEN, AMY 19.20 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 08/17/01 MARUSKA, ERICA 93.00 dd 08/17/01 WHITE, NICOLE 463.12 dd 08/17/01 WORWA, LINDSAY 80.78 dd 08/17/01 RENSLOW, RITA 204.45 dd 08/17/01 REILLY, MICHAEL 1 dd 08/17/01 SCHLINGMAN, PAUL 1,882.34 dd 08/17/01 SEEGER, GERALD 422.83 dd 08/17/01 STEINHORST, JEFFREY 763.97 dd 08/17/01 SWANSON, LYLE 1,543.95 dd 08/17/01 YOUNG, DILLON 513.16 dd 08/17/01 HURLEY, STEPHEN 2,314.62 Wf 85139 08/17/01 CARDINAL, ROBERT 385.50 Wf 85140 08/17/01 WASILUK, JULIE 339.27 Wf 85141 08/17/01 FURSMAN, RICHARD 4 Wf 85142 08/17/01 HENSLEY, PATRICIA 110.25 Wf 85143 08/17/01 ZICK, LINDA 908.50 Wf 85144 08/17/01 CUDE, LARRY 403.46 Wf 85145 08/17/01 EDSON, KAREN 1,000.00 Wf 85146 08/17/01 MATHEYS, ALANA 1 Wf 85147 08/17/01 HANSEN, LORI 1,421.41 Wf 85148 08/17/01 VIETOR, LORRAINE 1,691.61 Wf 85149 08/17/01 BECKER, RONALD 1,350.00 Wf 85150 08/17/01 PALANK, MARY 1,909.76 Wf 85151 08/17/01 RICHIE, CAROLE 1,739.53 Wf 85152 08/17/01 SVENDSEN, JOANNE 1,930.06 Wf 85153 08/17/01 TICHY, PAMELA 132.00 Wf 85154 08/17/01 BARTZ, PAUL 2 Wf 85155 08/17/01 HALEY, BRANDON 1 Wf 85156 08/17/01 KONG, TOMMY 1 Wf 85157 08/17/01 MAYNARD, WILLIAM 300.00 Wf 85158 08/17/01 STEINER, JOSEPH 913.00 Wf 85159 08/17/01 STEVENS, ERIC 324.00 Wf 85160 08/17/01 WELCHLIN, CABOT 2,085.54 Wf 85161 08/17/01 MEEHAN, JAMES 2,350.08 Wf 85162 08/17/01 SHORTREED, MICHAEL 2 Wf 85163 08/17/01 SCHWAB, TAHIRAH 382.16 Wf 85164 08/17/01 NIVEN, AMY 623.17 Wf 85165 08/17/01 WEGWERTH, JUDITH 1,555.14 Wf 85166 08/17/01 ELIAS, BENJAMIN 902.75 Wf 85167 08/17/01 ELIAS, BRIAN 920.00 Wf 85168 08/17/01 FREBERG, RONALD 1,647.14 Wf 85169 08/17/01 JONES, DONALD 1,395.94 Wf 85170 08/17/01 BETKER, RYAN 1,137.75 Wf 85171 08/17/01 ELIAS, JAMES 2,067.94 Wf 85172 08/17/01 GROVER, CAROLYN 648.00 Wf 85173 08/17/01 LINDBLOM, RANDAL 2,039.12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 85174 08/17/01 BORGLUM, DUSTIN 640.00 Wf 85175 08/17/01 CARVER, JUSTIN 99.00 Wf 85176 08/17/01 EDSON, DAVID 1 Wf 85177 08/17/01 FINNEGAN, TIMOTHY 1,190.00 Wf 85178 08/17/01 HELEY, ROLAND 1 Wf 85179 08/17/01 HINNENKAMP, GARY 1 Wf 85180 08/17/01 LINDORFF, DENNIS 1 Wf 85181 08/17/01 LUND, ERIC 1 Wf 85182 08/17/01 MIELZAREK, TIMOTHY 140.00 Wf 85183 08/17/01 NAUGHTON, JOHN 1,270.34 Wf 85184 08/17/01 NOVAK, MICHAEL 1 Wf 85185 08/17/01 GERNES, CAROLE 540.00 Wf 85186 08/17/01 SOUTTER, CHRISTINE 13.50 Wf 85187 08/17/01 BUNCE, LARRY 1 Wf 85188 08/17/01 WENGER, ROBERT 2,053.54 Wf 85189 08/17/01 ANGLES, JERI 1 Wf 85190 08/17/01 BALDWIN, MAUREEN 204.00 Wf 85191 08/17/01 BALLESTRAZZE, THAD 650.25 Wf 85192 08/17/01 BENNETT, HEIDI 47.25 Wf 85193 08/17/01 BJORK, BRANDON 328.75 Wf 85194 08/17/01 BUSMAN, CHRISTINA 346.50 Wf 85195 08/17/01 DYKES, ADRIENNE 420.00 Wf 85196 08/17/01 EGGIMANN, CARLA 240.00 Wf 85197 08/17/01 FINN, GREGORY 1 Wf 85198 08/17/01 FRANK, LAURA 680.00 Wf 85199 08/17/01 GEBHARD, JILLIAN 548.63 Wf 85200 08/17/01 KRUMMEL, JOSEPH 175.00 Wf 85201 08/17/01 LUSHANKO, ADAM 102.50 Wf 85202 08/17/01 MARKIE, RACHEL 44.00 Wf 85203 08/17/01 NELSON, HEATHER 370.88 Wf 85204 08/17/01 NELSON, MELISSA 261.25 Wf 85205 08/17/01 NELSON, STACEY 371.88 Wf 85206 08/17/01 NIEMCZYK, BRIAN 140.00 Wf 85207 08/17/01 OHLHAUSER, MEGHAN 135.00 Wf 85208 08/17/01 PALANK, MALADY 112.50 Wf 85209 08/17/01 PEICKERT, SEAN 82.50 Wf 85210 08/17/01 UNGAR, KRISTOPHER 120.00 Wf 85211 08/17/01 WARMAN, KATHRYN 78.00 Wf 85212 08/17/01 WERNER, KATIE 135.00 Wf 85213 08/17/01 ZIELINSKI, JOSEPH 73.50 Wf 85214 08/17/01 GERMAIN, DAVID 1,623.94 Wf 85215 08/17/01 HAAG, MARK 1,279.94 Wf 85216 08/17/01 NADEAU, EDWARD 2,235.14 Wf 85217 08/17/01 ALBRECHT, HEATHER 259.15 Wf 85218 08/17/01 GLASS, JEAN 1 Wf 85219 08/17/01 HABLE, NATASHA 326.40 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 85220 08/17/01 HOIUM, SHEILA 903.01 Wf 85221 08/17/01 MOY, PAMELA 197.35 Wf 85222 08/17/01 POWERS, NICOLE 108.03 Wf 85223 08/17/01 RIDLEHOOVER, KATE 398.87 Wf 85224 08/17/01 SALZBRENNER, HEIDI 83.43 Wf 85225 08/17/01 SCHMIDT, RUSSELL 1,289.54 Wf 85226 08/17/01 SEVERSON, CHRISTINA 31.95 Wf 85227 08/17/01 SHOBERG, CARY 632.87 Wf 85228 08/17/01 UNGER, MARGARET 599.95 Wf 85229 08/17/01 VELASQUEZ, ANGELA 231.78 Wf 85230 08/17/01 ABRAHAMSON, REBECCA 425-.05 Wf 85231 08/17/01 AHL, KAREN 74.75 Wf 85232 08/17/01 ANDERSON, TIMOTHY 344.75 Wf 85233 08/17/01 BACHMAN, NICOLE 347.64 Wf 85234 08/17/01 BITTNER, KATIE 603.94 Wf 85235 08/17/01 BODZIAK, MICHAEL 126.25 Wf 85236 08/17/01 BRENEMAN, NEIL 334.05 Wf 85237 08/17/01 CHAPMAN, JENNY 335.40 Wf 85238 08/17/01 CMIEL, NICHOLAS 24.15 Wf 85239 08/17/01 COSTA, JOSEPH 378.00 Wf 85240 08/17/01 CRONIN, CHAD 519.90 Wf 85241 08/17/01 DEGRAW, KRYSTAL 719.98 Wf 85242 08/17/01 DEMPSEY, BETH 62.15 Wf 85243 08/17/01 FALKENSTEIN, MONICA 276.50 Wf 85244 08/17/01 FIERRO WESTBERG, MELINDA 56.44 Wf 85245 08/17/01 FRETZ, SARAH 514.30 Wf 85246 08/17/01 GRUENHAGEN, LINDA 210.64 Wf 85247 08/17/01 HAGGERTY, KATHRYN 75.60 Wf 85248 08/17/01 HAWKE, ASHLEY 423.26 Wf 85249 08/17/01 HEINN, REBECCA 660.57 Wf 85250 08/17/01 HEXUM, AMANDA 54.00 Wf 85251 08/17/01 HILLS, CHRISTINE 58.22 Wf 85252 08/17/01 HOLMGR.EN, LEAH 716.85 Wf 85253 08/17/01 HOULE, DENISE 80.20 Wf 85254 08/17/01 HUPPERT, ERIN 672.00 Wf 85255 08/17/01 JOHNSON, ROBERT 200.25 Wf 85256 08/17/01 JOHNSON, ROLLAND 313.13 Wf 85257 08/17/01 JOHNSON, STETSON 472.68 Wf 85258 08/17/01 KERSCHNER, JOLENE 425.75 Wf 85259 08/17/01 KOEHNEN, MARY 475.50 Wf 85260 08/17/01 KRONHOLM, KATHRYN 380.25 Wf 85261 08/17/01 LABER, JILL 158.40 Wf 85262 08/17/01 MCMAHON, MELISSA 360.75 Wf 85263 08/17/01 MILLS, ANNE 52.00 Wf 85264 08/17/01 MOSSONG, AND -- Wf 85265 08/17/01 OLSON, ABIGAIL 324.95 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 85266 08/17/01 OWEN, JONATHAN 161.78 Wf 85267 08/17/01 PEHOSKI, CAITLIN 145.00 Wf 85268 08/17/01 PEHOSKI, JOEL 494.10 Wf 85269 08/17/01 QUISTAD, ELISABETH 246.45 Wf 85270 08/17/01 SCHAEFER, ROB 167.83 Wf 85271 08/17/01 SIMONSON, JUSTIN 525.06 Wf 85272 08/17/01 SMITLEY, SHARON 249.20 Wf 85273 08/17/01 SWANER, JESSICA 411.53 Wf 85274 08/17/01 TUPY, MARCUS 54.00 Wf 85275 08/17/01 WARNER, CAROLYN 130.75 Wf 85276 08/17/01 WEDES, CARYL 140.70 Wf 85277 08/17/01 WELTER, ELIZABETH 185.23 Wf 85278 08/17/01 WHITE, TIMOTHY 191.10 Wf 85279 08/17/01 WHITING, ROBIN 76.45 Wf 85280 08/17/01 WOODMAN, ALICE 219.38 Wf 85281 08/17/01 ZIELINSKI, JENNIFER 508.68 Wf 85282 08/17/01 BOSLEY, CAROL 181.65 Wf 85283 08/17/01 GLASS, GILLIAN 244.28 Wf 85284 08/17/01 GROPPOLI, LINDA 216.05 Wf 85285 08/17/01 HANSEN, ANNA 118.08 Wf 85286 08/17/01 HUPPERT, ERICA 301.05 Wf 85287 08/17/01 KONECZNY, JENNA 42.00 Wf 85288 08/17/01 LARKIN, JENNIFER 251.00 Wf 85289 08/17/01 SCHROEDER, KATHLEEN 154.00 Wf 85290 08/17/01 SHERRILL, CAITLIN 278.84 Wf 85291 08/17/01 BEHAN, JAMES 1 Wf 85292 08/17/01 DOUGLASS, TOM 212.05 Wf 85293 08/17/01 JAHN, DAVID 1 Wf 85294 08/17/01 KOSKI, JOHN 1,005.54 Wf 85295 08/17/01 KYRK, ASHLEY 218.85 Wf 85296 08/17/01 LANGEVIN, KRISTINA 152.95 Wf 85297 08/17/01 LESLIE, DUSTIN 274.00 Wf 85298 08/17/01 LONETTI, JAMES 756.23 Wf 85299 08/17/01 MORIN, TROY 132.00 Wf 85300 08/17/01 PATTERSON, ALBERT 808.91 wf 85301 08/17/01 PETERSON, LYNDSAY 39.90 wf 85302 08/17/01 PRINS, KELLY 414.49 Wf 85303 08/17/01 RISTOW, JONATHAN 53.20 wf 85304 08/17/01 SARPONG, SEAN 412.60 Wf 85305 08/17/01 SEVERSON, HOLLY 46.55 Wf 85306 0 8/ 17/01 AICHELE, CRAIG 1,441.54 Wf 85307 08/17/01 MULVANEY, DENNIS 1,779.94 Wf 85308 08/17/01 PRIEM, STEVEN 1 353,519.71 13 AGENDA NO. TO: City Manager AGENDA REPORT FROM: Finance Director Ant"� RE: Annual Maplewood Historical Society Payment DATE: August 8, 2001 Action by Council Date Endorsed, wed RejecMd ._A On September 11 the City Council approved a motion to include a $2,000 payment to the Maplewood Historical Society in the city's budget each year. This change has been incorporated in the 2001 Budget. Council authorization is needed annually to make the $2,000 payment. P \perm \mhspayment Agenda # 5 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit Review LOCATION: 1300 McKnight Road PROJECT: Feed Products and Service (Bulk Storage) DATE: August 15, 2001 INTRODUCTION Action by Coumg Date Endorsed Modified The conditional use permit (CUP) for Feed Products and Service, 1300 McKnight Road, is due for review. The CUP is for a commercial building in a M -1 (light manufacturing) zoning district that is within 350 feet of a residential property. (See the maps on pages two through four and the city council minutes starting on page six.) BACKGROUND On November 28, 1998, the pity council approved a CUP for the expansion of this facility. On July 12, 1999, the city council approved a revised CUP for the owner of the site to add a trailer to the warehouse property. (See the council minutes starting on page six.) DISCUSSION The owner has installed the trailer for employees to use. City staff had received complaints about this business in the past. Many of these complaints were about products from the site blowing around and onto adjoining properties. Mr. Fallin has made several improvements to the property and operation in the last two years. In fact, the city has not had any complaints about this business in the last few months. Staff does not see any problem with extending this approval another year. RECOMMENDATION Review the conditional use permit for Feed Products and Service, 1300 McKnight Road, again in one year. The council may review this permit sooner if a problem arises or if the owner proposes a significant change to the site., This approval is subject to the owner meeting the July 12, 1999, conditions of approval. Kr /p: sec24- 29 /fbs.01 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Photographs 5. July 12, 1999 City Council Minutes Attachment 1 .. Phrk -F V sar+nq� P"t Cr v a e 7 �i •• • :: � .. .:.� �. AVE. � �n • T I AVE. 2 ANTELOPE WAY Z � 8E1ERR4LE RD 1 b OOtJf:ER [!�t E idARYLANQ 4 5 AVE. WIYdlti�iKE AM CROS13; In GERAW MAGNOLIA AVE o � rn �� � ; �8 a r 0 sy Pl. CN CASE AVE. _ C l I.N. BRAND AVE. � AVE & 7th ST. �p"„O 7th ST. Owder ausH AVE � btINNE1iAF1A AVE J I WHAEL DR NEBRASKA" P� �5�. �•� 2 3 4 � 4 3 Pf&-MM OR BRCtA!tE1Y DR W 19 7 VtJl+t AVE a ME V?jr oR ORCHMV OR 7 RoUM IMIS OR LOCATION MAP z 4 N s pa V J. KNOLL CIR. 4. R( PLAY /�y KINGSTON 2 A1 �NKXif W � G21 W2PEKiE11R AVE. W � :3 IDAHO AVE cat �E 110NT AVE. a ME V?jr oR ORCHMV OR 7 RoUM IMIS OR LOCATION MAP z 4 N Attachment 2 J f � V 11.26.s. • � , � •1 1 • 'r PUD f 13116. 1 •f 1f+�1 tf AYlwt �b TOT" . 1 a PUP ' r � � "_Y ET. . .1l• � O � :>... PROPERTY LINE /ZONING MAP 3 4 N Attachment 3 I — PHASE I. SHIPPING DOCK ADDITION II — PHASE II. PROPOSED OFFICE BUILDING BETWEEN McKNIGHT ROAD AND LAKEWOOD DRIVE III — PHASE 111. SECOND SHIPPING DOCK ADDITION BUILDING 1 7 ti � O� s . 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Y ' i '�'+.,T '- r •ty .�,. .,•. s. 1! _ t i c . >� ; _ �t l!Y ' J , > �_:�i� l ' � \ .4. , R ,�• �.°Y1�'µ :.' .t F' _. „ r r� } t +I r i mot; ,Y � ^,fYi'K. ,yrt .'�• � ,� � < J4t ?�z-� �'it � --•"Y ti;.,.Yj� - —r[. v +• j. x 4 t " i } f'{ni.. rSf a,+� �'r'• -r � M � .t}TR w. �ryar�t, � � r +��..�. 4 x.'�. .n _ .,ct� i y �.y�•i'^ ���•. -,fir f ; , �P�' .rv � >� �_' ,� -� a. -�.. �. tAo.w,'Yo- "_3a..���Nf�YfrliPT1+ ..�3w"C• -�`'+• .;x` " MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 12,1999 Council Chambers, Municipal Building Meeting No. 99 -15 2. 7:27 P.M. Feed Products and Service (1300 McKnight Road) - Conditional Use Permit - Design Approval a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Associate Planner Ken Roberts presented the specifics of the report. d. Commissioner Matt: Ledvina, presented the Planning Commission report. e. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The following person was heard: John Fallin, representing Feed Products and Service f. Mayor Rossbach closed the public hearing. Mayor Rossbach mov the following Resolution changing the conditional use permit for the warehouse facility at 1300 Mc ig t Road ort . is permit revision allows the owner to a a trai er to is warehouse site in an M -1 (light manufacturing) district closer than 350 feet to a residential district. and moved its adopt- 99 - 07 - 054 CONDITIONAL USE PER IIT RESOLUTION WHEREAS, Mr. John C. Fallin, of FP &S Company, applied for a revision to an approved conditional use permit to add a 12' by 60' trailer to a site in an M -1 (light manufacturing) district that is closer than 350 feet to a residential district. WHEREAS, this pit applies to the property at 1300 McKnight Road North. The legal description is: 7 -12 -99 7 C•� ALL THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 29, RANGE 22, RAMSEY COUNTY, MINNESOTA THAT LIES SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 95 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO, ST. PAUL, MINNEAPOLIS, AND OMAHA RAILWAY COMPANY, AS NOW LOCATED AND ESTABLISHED; ALSO THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 24, BOUNDED AS FOLLOWS: ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 95 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF SAID RAILWAY COMPANY, AS NOW LOCATED AND ESTABLISHED; ON THE WEST BY THE EAST LINE OF THE WEST 66 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 24; ON THE SOUTH BY A STRAIGHT LINE DRAWN FROM THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24 TO A POINT ON THE WEST LINE OF SAID SECTION 24 WHICH IS DISTANT 450 FEET SOUTH OF THE SOUTHERLY LINE OF THE 100 FOOT RIGHT OF WAY OF SAID RAILWAY _ COMPANY, SAID SOUTHERLY LINEBEING A LINE DRAWN PARALLEL WITH AND DISTANT 56 FEET SOUTHEASTERLY AS MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF SAID RAILWAY COMPANY AS ORIGINALLY LOCATED AND ESTABLISHED; AND ON THE EAST BY THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; EXCEPTING THEREFROM THAT PART THAT LIES NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 8.5 FEET SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MOST SOUTHERLY SIDE TRACK I.C.C. NO. 114 OF SAID RAILWAY COMPANY, AS NOW LOCATED AND ESTABLISHED, ALL IN THE COUNTY OF RAMSEY, STATE OF MINNESOTA. WHEREAS, the history of this conditional use permit revision is as follows: 1. On June 21, 1999, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on June 28,1999. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 7 -12 -99 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The proposed trailer will be substantially screened from neighboring single dwellings. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 2. The proposed trailer must be occupied within one year of council approval or the permit revision shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. A designated paved parking area shall not be required unless the site usage changes in some fashion warranting the need for such parking spaces. 5. Update the alarm system at the facility, subject to the approval of the Police Chief. 6. Provide several signs along the wetland edge on the warehouse site. The number and placement of these signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. 7. Submit an industrial storm water protection plan to the Minnesota Pollution Control Agency for their review and approval. 8. The owner or developer shall remove the trailer from the site before the city issues a building permit for any future development. 9. The owner shall remove the trailer from the site within five years. The Council may renew this approval if the owner requests it. Seconded by Counoi Member Koppen Ayes - all Mayor Rossbach moved to approve the plans date - stamped May 12, 1999 for the trailer at the Bulk Storage site at 1300 McKnight Road North. The property owner shall: 1. Repair and repaint the existing graffiti on the warehouse building before occupying or using the trailer. 2. Provide several signs along the wetland edge on the warehouse site. The number and placement of these signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland.. 3. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes - all 7 -12 -99 9 8 Agenda # MEMORANDUM Acdon by Council TO: City Manager Date FROM: Ken Roberts, Associate Planner Endorsed. SUBJECT: Final Plat Modified PROJECT: Independent Estates Rejected ' LOCATION: Tilssen Court, west of Lakewood Drive DATE: July 24, 2001 INTRODUCTION Mr. Michael Kolodjski is requesting that the city council approve the Independent Estates final plat. Mc Kolodjski represents the property owners. This final plat would create seven lots for houses and is on Tilsen Court, west of Lakewood Drive and north of Maryland Avenue. (See the maps on pages two - four.) BACKGROUND On January 8, 2001, the city council approved the independent Estates preliminary plat subject to seven conditions. (See the preliminary plat on page five and the council minutes starting on page six.) DISCUSSION Mr. Kolodjski is progressing with this plat, including the street and utility construction. He has finished all the conditions the council required for final plat approval. RECOMMENDATION Approve the independent Estates final plat. This approval is subject to the county recording the deed restrictions and covenants required by the city. p: sec24- 29lindependent.fin Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Proposed Final Plat 4. Approved Preliminary Plat 5.. 1-8 -01 Council Minutes 6. Proposed Final Plat (Separate Attachment) ATTACHMENT 1 NORTH SAINT PAUL i10lLOVYAY AVE GOV coumw 2. OOLL cam. RIPI.E1f AVE. � RI PLEY AV Gi IQNOSTOH AVE AVE PRICE PIVE � 11Mi0Hf W ukRFEN ram AVE 0" AVE VE. 7 AVE. AM NESPASKA r �•` -� _ 3 4 1440N "�`°� � � lk cr 8 a s 4 e09Q1T t,N il 4 II COUOER W }y,WTHpRNE J1V1 1200N E. '° ME El AM OA l aw* 9 wAcN" AVE PL 96ON AvE 46 _ N _ uwmo y � ur. eww0 AvE. AvE 7m sr. '�" q rn r sue• d A �J Q Q s OR 4 aftf� plt e � 7 +ioL.we pus oR LOCATION MAP 2 4 N ATTACHMENT 2 top" ,I c4 logo) 2 � A 2 N CO � I _l 175 , v v OCR Ego rs, o p . , I _ 6 W c ? o ae Q L GP C) BULK STORAGE S 2O 'P (31) T ■ (30) A � "� 9 st' T s, ■ (35) 8� O (32) fa 7 ti a N ■ O • (34) 3 • 6 . � A• 9 1 O (� ■ I � o� 8 ,� to (2 a) d) , 2 1 ao a r (27) ....... 0 2322 S - 8 , `- 130 cf) cc J:• • • ::: r y': • ':%:•: J ;� �, Y {';f L:•:•Y ,:❖ \� L - ` � 3 r. 9q • ..r.. SITE ;::'•>�':ti::::::::::.::: • 26 b::: ..Y:: x ; . : :.::• O • .�;�: ❖:j 1 • :•:1J� {'•• .�;::•:;:•.; 1 A. , •., ::.;.;tip �;} �} :;:•:; � ! 4� l '• • {ti }C };;%;'ryJ•: {Yr�:;{:ia °,-'• ::}= ti; :r,,;:: •k:.,. ` / • : vJ.: .. r..• "� ov 0 . 1-10 1 1.4 %sv4 %..•:Y ' %~'•. 'ti' 'Yti; f % y r ��' }' �� i }'J =: '•~,••:; � ti ;;:'S:•.• }. d 2 ` / 1250 }�:{ :.:. ::. :: j ;ti: } ::ti :•ti•��f .� 1245 �• (+ 503 Z , 0 , d- 3 'It 4 z 1 240 v y i. 030 oZo �^' - 1e3.g5 • o S3 5 3 s3 I I Z3� 33 33 cV cv too 88 88 88 8$ 8 75 ' • 3(05` . ; I 1322.5 I I I _ , •.. -- �.•„ . ^ 2695.00 A - ,M PROPERTY LINE /ZONING MAP 3 4 N ATTACHMENT 3 INDEPENDENT ESTATES WEST OUARTER CORNER SEC. 24. T. 29 N.. R. 22 W. � � SAC f W � I al ,� �0 } v� � ar ��P \ `•per ?`sm � \ $ S �� W *� 0 coo off-- N it, 6 `b * `j. S 0 �. \ 00 A=00 " Z� 2 oF�'��e `p" • R =14191.89 P q .c �. 16,03 o � i i S �� * � a1 • � `b �. \ � s t o6 • � 0.19 v � 0 0 �' � � Z W ~ DRAINAGE AND ?� °.2. o \ i' � N t.'1 - UTIUTY EASEMENT f \ ` �- O S • ! (4 W aa 1 * Vol 3 N g g' . OZ w o �+ f4 l A o � �\ 0 D p At , `,1 Q� r� • . 2 h O 14 i .S JV• CD 0 •� Jam 3 .� F s �- = I 1O� .0 l •\ Z � ^ �., `C 3 77 * 1 p 1 10 L , j 1 N 44 7'53" `��Q,��1s�� �`f s `� . �, � \ 1►' x ID I 441 0 v I / D�r—oe C) �r I BLOCK to NW COR. OF THE SOUTH 0 / / \._ 503 1 t /13 FT. OF SW/4 /4 OF Sk" /4 �_ J L __ - t OF 5E . 24. T. 29 N.. R 42: W. � c 83.51 224.30 112.10 1 — s W -2561W 2 MW 5 88'56'18" W 419.91 WORTH UNE OF 104E SOUTH H 503 11 '13 FT. OF SWI /4 OF SWIA i$N OF SEL< 24, T. 29 N., R. 22 W. N N pN / f N LJ _ 1 En _ N e8'56'le' E t322.36 \ SYr CORN ►_R � SEC. 24, T. 29 N., R. ZZ YK SOUIR LWX OF SW 114 OF SW 1/4 OF SEC. 24. T. 29 N.. R. 22 W. PROPOSED FINAL PLAT 4 4 N ATTACHMENT 4 +� 24' RCP Rw.979.94 24 a Rrr.960.09 2 PV wvw980.42 y 2 Y I .N t w 9✓ X 9 7 ` `\ � UTILITY 3 E MNG �\ $ t � � uTtlTr F.eE�v+t '182 \` 9�.ae P4 ge' 30 33 a 1 ( SA r.3 K R ; \ INIT Mr1 3ai , • v �9a34.'f ° ti �1 TOP 7�5 � 1 88. t 5 r Sea t s, 0 10` 3 , A � 1262 SH- 3 x 1 •/ 29153 SF 6043 sr .U-9N ♦yE. i•C1LSE (PRl D= SP PY+CEL t) ,FXCL.CWGMC %W.# RD 1110W� C I A 704-7 L 7.83 E ^1 �_ E ltd ,76 7e MT CF KOHNNG + r � \ + Ar W)UsE 9!7.37 � "D •• r.n 5 zz s 29375 SF(PROPCSEO >�T PARCEL 2) 4 17011 SF tt 26250 SF( ExcL -c*4 %scm o RD Row) ' is! f M.10 / r ` 125Q tm .ts 98'3 7C 13920 s I� AM ' Jill 4W F4AM z sc t,Iauc S its S TldS4'18 w 410. , / - g 86'S41W w 270.16' DRA&OCE AND UTUT' 1 `� \ --►� EAs£►.ENTs - rRlrx U \- a*E : \�- OM+ER: E'IE: YI/ SALKO�ICZ ^w►.ER RUSSELL `cEZG=l vc VERNON E, k THERESA M. POTTER Exl _r• v;, 20N,%G' R2 1262 MCKNIGHT RD. N0. ! DENOTES DECID. T IN WITH SITE IN QiCHES REE f PpOP.�SED ZOrdtiG: R;: 4 I MAPLEWOOD. MN 55119 ,n� a - .r ✓_ FRON 'APO SETBACK ZO FEE M:P)IMJV AND .�. DENOTES CONW- TREE Oi I= SIZE IN FEET 35 FEE' MA!!, D11 jM. _ µ DENOTES SANITARY SMER WM 'DIRECTION i Q]�t'.B- Tptiw('d 21_ o� { RE L;; YnRZ SETBACK: 2..h OF _OT D£ ' GERALD k MARY EIRUZEK I SCE YAR3 SE - BACK: :5 F ----T. 1250 MCKNIGHT RD. 440: T. -wOT- DENOTES HATER ![AQi MINIM_M -OT WC'H: INTERIOR LOTS. 75 FEET ! DENOTES TELEPHONE RISER I 1 CO RN E R LOTS: 10C FEET MA PLEwOOD. MN `.5119 3D 3J p DENOTES CATCH BASIN MIAIMJ44 .OT AREA. IA'ERIOR LOTS: 1 5,COC SO. F'. ® COTES SANITARY SEVER MANHOLE Nam CCRNER LO-S: 15= Sa. F°. l ! A'ERAGE XT � REk '7,500. SO. FT. _ _ �� CKCti/ts A',& � w INDEPENDENT REALTY. INC. 1AC AAA: G 3 Lk7:: 4.'1087 A CRES r � . -sou*+ unE OF SW 1/4 MIKE KOLOO15K1 sw CORNO 3.;642 A CRES EXCLU:ING OF SEC. 24. T. 29 N.. R. 22 « SEC- 24 T. 29 X. R. 22 x. LAKENOOD DRIVE RCw 9330 INVER GROVE TRAIL INFER GROVE HEIGHTS, MN. 55076 Tt;TdL NUMEER 0' LO'S: 7 LOTS (612) 978 -7871 MIN,MUM WIDTH O' LO'S AT FR! NT YARC SE FOP iN*rER,OR LOTS: 75 FEET. KEN GUST. P.F. X19631 MINWUM 44101 0 LOTS AT FRONT YARC SE - BACK: 8757 HASTINC - S CIRCLE FO- COPNER LOT'S: 100 FEET. BLAINE. MN. `•5449 • CO%TOURB ARE AT TWO !'DOT IIi'fs„ U S. (763) 433 -0 OR (763) 786 -6000 DEC 0 8 2000 E I V E D O CA / 1 i y W N O Q w n W N / W� .� A � O � ` W J l� I OMNEFt: TWTHY O'REEF= I a. APPROVED PRELIMINARY PLAT 5 4 N ATTACHMENT 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 8, 2001 Council Chambers, Municipal Building Meeting No. 01 -01 i2lat (received by city on December 8, 2000). The develover shall coml2lete t he following bef t he c c ouncil a omes the final 12 lat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. * Place temporary orange safety fencing and signs at the grading limits. C. Have NSP install Group V rate street lights in two locations - primarily at street intersections and street curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic- control, street identification and no parking signs. e. Provide all required and necessary easements. f. Demolish or remove the existing pole barn from the east side of the 1262 McKnight Road, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; remove septic systems or drain fields, subject to Minnesota rules and guidelines. h. Complete all the curb and gutter on Lakewood Drive on the east side of the site. This is to replace the existing driveways on Lakewood Drive, repair the trail pavement and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall be revised to follow the site plan and preliminary plat dated December 8, 2000, and shall include the grading, utility, drainage, erosion control, tree, trail, sidewalk and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and trail grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3: 1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood fiber blanket, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) A minimum of a 10- foot -wide, 10:1 bench below the normal water elevation (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. (10) Additional information for the property north of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed pond. (11) Emergency overflows between Lots 2 and 3 (into and out of the pond). The overflow swales shall be protected with permanent soil stabilization blankets. C. The street, trail and utility plans shall show: (1) The public streets shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) All the streets with continuous concrete curb and gutter. (3) All public street right -of -ways shall be at least 60 -feet- wide. (4.) The removal of the unused driveways and the completion of the curb and gutter on the east side of Lakewood Drive, the repair or replacement of the trail pavement and the restoration and sodding of the boulevards. (5) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (6) All utility excavations located within the proposed right -of- ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) A detail of the pond and the pond outlet. The outlet shall be protected to prevent erosion. d. The drainage plan shall ensure that there is no increase in the rate of storm water run -off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. These shall include: (1) A 20- foot -wide easement (10 feet on each lot) for the storm sewer between Lots 2 and 3. 0 (2) A drainage easement over all the area below the overflow elevation of the storm sewer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. C. Show the public, street right -of- -way at 60 feet wide. 4. Secure and provide all required easements for the development including any off -site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 5. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 6. Record a covenant or deed restriction with the final plat that prohibits the driveways on Lots 1 and 7, Block 1 from going onto Lakewood Drive. The applicant shall submit the language for these covenants or restrictions to the city for approval before recording. 7. Obtain a permit from the Ramsey - Washington Metro Watershed District for grading.. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Collins Ayes - all Agenda Ution by Council MEMORANDUM Dam ndow MO&" TO: Richard Fursman, City Manager FROM: Doug Taubman, Recreation Program Manager DATE: August 13, 2001 SUBJECT: Recreation Program Donation The Maplewood Parks and Recreation Department received a donation in the amount of $500 form the YMCA of Greater Saint Paul. The YMCA provides these funds to organizations who are involved in seeking ways to keep youth active in the community and involved in constructive activities. This is the second year we have received these funds, and as last year, they will be used to enhance our middle school "Be Tight" program. Staff recommends that the City Council accept the donation and the finance department place the funds in the proper account for future distribution. Should you have any questions, please call me at ext. 4572. Agenda 9 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: August 22, 2001 RE: Lease Purchase - City Wide Copier Introduction 1�d�BR:d M"Sed Rejected We are requesting to upgrade the city wide copy machine to lease equipment that is more efficient and has additional functions that will allow some projects to be completed with enhanced results and speed. (See an attached sample of an Agenda Packet.) The contract for our current copier with Danka will be purchased by Metro Sales. The city will retain ownership of the machine and will advertise it for sale. With the estimated proceeds of $6,500 - $9,000 from the sale of the existing machine, the remaining service agreement contact on the current copier will be paid. Any funds remaining will be applied towards the new copier lease. Our current five year lease is approximately $580 per month and is paid by percentage of usage by each department. The proposed lease will be over a three year period and will be approximately $1,125 per month. Recommendation It is recommended that council direct the city manager and the city clerk to enter into a lease agreement with Metro Sales. AGENDA NO. AGENDA REPORT Action by TO: Richard Fursman, City Manager Dare ndorsod FROM: Karen Guilfoile, City Clerk Moffied Rejec DATE: August 22, 2001 RE: Temporary Food and Beer License Father Ken Ludescher, representing St. Jerome's Catholic Church, has submitted an application for a temporary beer (3.2) license and temporary food license to use on September 16, 2001 from 6:00 a.m. to 6:30 p.m. for their annual parish fall festival. The purpose of the event is to raise funds for the church. Recommendation It is recommended that council approve the applications for temporary beer and food.. `4 Agenda " Memorandum Action y Council Date Endorsed TO: Richard Fursman, City Manager Modified Rejected... FROM: Karen Guilfoile, City Clerk DATE: August 22, 2001 RE: Request from United States Bench Corporation The city currently licenses three individual bench corporations: United States Bench Corporation, American Courtesy Bench Company and Ameribench. There are a total of 86 benches licensed city -wide. United States Bench Corporation recently purchased the American Courtesy Bench Corporation. On September 4th and 5th, they will be replacing the former American Courtesy Benches with upgraded benches that comply with city ordinances including a 4'X8' cement pad that the benches will be placed on. Out of the total of 27 benches purchased, eighteen of them will be brought to compliance while the remaining nine will be removed because they are not located at a bus stop. The owner of United States Bench Corporation, Roland Danielson, is requesting that the license for the benches that he has purchased be transferred for the remainder of the year from American Courtesy Bench to United States Bench Corporation. There will be no refund for the remainder of the year license to American Courtesy Bench and no cost for the remainder of the year to United States Bench Corporation. Recommendation It is recommended to transfer the license as requested. Agenda MEMORANDUM Action by Council Date TO: Richard Fursman, City Manager End orsed FROM: Karen Guilfoile, City Clerk � Rejected d DATE: August 22, 2001 RE: Request for Special Use Permit Introduction Rick Segal from the Ramsey County Sheriff s Department has applied for a permit to hold their annual "Fright Farm" Halloween event at the Ramsey County Extension Services Barn. The event will be held on October 19 -20 from 6:30 p.m. to 9:30 p.m. and on October 26 -31 from 6:30 p.m. to 9:30 p.m. Recommendation It is recommended that the permit be approved. r Agenda MEMORANDUM TO Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE:. August 22, 2001 RE: Request for City Contingency Funds Introduction Acfi= by Council u ad Modred Rej� At the June 5, 2001 council meeting, a resolution changing a polling place location was approved by the council for precinct 4 Maplewood Fire Station (Gladstone). Complying with State Statute, a nonforwardable notice was sent to every affected household with at least one registered voter in the precinct informing them of the new polling place location. The cost of this mailing was not a budgeted item in the 2001 budget. Recommendation It is requested that Council approve transferring $700 from the city contingency account to the City Clerk Election Budget to cover the cost of the notification mailing. to Agenda # 141 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Maplewood Business Subsidy Policy DATE: August 20, 2001 INTRODUCTION Action by Coo l Date Endorsed Modified Rejt J With the proposed expansion of Schroeder Milk, including the use of tax - increment financing (TIF) on their site, the city should adopt a business subsidy policy. BACKGROUND On August 13, 2001, the city council gave preliminary approval to revised plans for Schroeder Milk to use tax - increment financing to expand their facility at 2080 Rice Street. DISCUSSION The proposed business subsidy policy outlines Maplewood's mandatory criteria and. the city's project review policies, procedures and criteria. These would be in effect for any project or property that. would receive a subsidy from Maplewood. The city's bond counsel has suggested that Maplewood adopt the attached policy to satisfy recent changes to state law and to meet the requirements of the State Auditor. RECOMMENDATION Adopt the business subsidy policy starting on page two. This policy has Maplewood's criteria and project review policies,, procedures and criteria for any project or property that would receive a subsidy from Maplewood. p:misc\buspolcy.doc Attachment - Proposed Maplewood Business Subsidy Policy MAPLEWOOD BUSINESS SUBSIDY POLICY PURPOSE AND AUTHORITY 1.01 The purpose of this document is to establish the criteria for the City of Maplewood (the "Grantor") for granting of business subsidies for private development. Maplewood shall use the criteria as a guide in the processing and reviewing applications requesting business subsidies. 1.02 The City's ability to grant business subsidies is governed by the limitations established in Minnesota Statutes 116J.993 through 116J.994 (the "Statutes "). 1.03. Unless specifically excluded by the Statutes, business subsidies include grants by state or local government agencies, contributions of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient of the subsidy, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. 1.04 These criteria are to be used in conjunction with other relevant policies of the Grantor. 1.05 The City may deviate from these criteria by documenting in writing the reason(s) for the deviation. The documentation shall be submitted to the Department of Trade and Economic Development with the next annual report. 1.06 The Grantor may amend this document at any time. Amendments to these criteria are subject to public hearing requirements contained in the Statutes. 2 PUBLIC PURPOSE REQUIREMENT 2.01 All business subsidies must meet a public purpose. 2.02 The creation or retention of jobs may be, but is not required to be, a public purpose for granting a subsidy. The determination that jobs are not a public purpose for the subsidy and that the related wage and job goals are zero shall be made following a public hearing. 2.03 Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. The City shall document the information used to determine the nature of the job loss. 2.04 The creation of tax base shall not be the sole public purpose of a subsidy. 2.05 The wage floor for wages to be paid for the jobs created shall be $8.50 per hour. The City will seek to create jobs with higher wages as appropriate for the overall public purpose of the subsidy. 1314123A 2 3 BUSINESS SUBSIDY APPROVAL CRITERIA 3.01 All new projects approved by Maplewood should meet the following minimum approval criteria. However, it should not be presumed that a project meeting these criteria would automatically be approved. Meeting these criteria creates noncontractual rights on the part of any potential developer. 3.02 To be eligible to. receive a business subsidy, the recipient must meet the following minimum requirements: a. The subsidy must achieve a public purpose. b. The project must meet local :plans and ordinances. C. The recipient shall provide information demonstrating that granting the subsidy is necessary for the proposed development to occur. d. The recipient enters into an agreement pursuant to these criteria and the Statutes. 3.03 The business subsidy shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. 3.04 The project must be in accord with the Comprehensive Plan and Zoning Ordinances, or required changes to the plan and Ordinances must be under active consideration by the City at the time of approval. 3.05 Maplewood will not provide business subsidies to projects that have the financial feasibility to proceed without the benefit of the subsidy. In effect, the city will not provide business subsidies solely to broaden a developer's profit margins on a project. Before considering a business subsidy request, the Grantor may undertake the help of independent firms before underwriting the project to help ensure that the request for assistance is valid. 3.06 Before approval of a business subsidy, the developer shall provide any required market and financial feasibility studies, appraisals, soil boring, information provided to private lenders for the project, and other information or data that the Grantor or its financial consultants may require in order to proceed with an independent underwriting. 3.07 Any developer requesting a business subsidy should be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. 3.08 The developer trust retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate repayment of the business subsidy, if applicable. 3.09 A recipient of a business subsidy must enter into a subsidy agreement with the Grantor as described in Section 4. 1314123v1 3 3.10 A recipient of a business subsidy must make a commitment to continue operations within the City for at least five years after the benefit date. 3.11 Any business subsidy will be the lowest possible level and least amount of time necessary, after the recipient maximizes the use of private debt and equity financing first 4 SUBSIDY AGREEMENT 4.01 In granting a business subsidy, the Grantor shall. enter into a subsidy agreement with the recipient that provides the Information, wage and job goals, a commitment to provide necessary reporting data and recourse for failing to meet goals required by the Statutes... 4.02 The subsidy agreement may be incorporated into a broader development agreement for a project. 4.03 The subsidy agreement will describe the requirements for the recipient to provide the reporting information required by the Statutes. Adopted by the Maplewood City Council on August 27, 2001. 1314123vl 4 Agenda # 1"T °� MEMORANDUM TO: City Manager FROM: Shann Finwall, Associate Planner SUBJECT: Conditional Use Permit APPLICANT: Alamo Car Rental LOCATION 2525 White Bear Avenue (Maplewood Auto Center) DATE: August 21, 2001 INTRODUCTION Action by couu Date ,Endorsed Modified Alamo Car Rental is requesting approval of a conditional use permit (CUP) for the rental of motor vehicles from the Maplewood Auto Center, 2525 White Bear Avenue. No exterior changes are proposed for the building or the site. Alamo proposes to rent the vehicles mainly to local dealerships as temporary insurance or dealer replacements. Background March 22,1988: The community design review board approved the plans for the Maplewood Auto Center (Attachment 1). This facility was developed as an automotive center for auto parts, sales, and vehicle repairs. April 24,1989: The city council denied an appeal of two of the community design review board's conditions for approval of the Maplewood Auto Center (Attachment 2) including: 1) The exit on White Bear Avenue shall have only one exit lane, a "no left turn" sign and stop sign; and 2) there shall be no outside storage or displays of products or merchandise. November 22, 1999: The city council approved a CUP for Credit Equity Sales to open a motor vehicle sales business for this location (Attachment 3). In the year 2000, this permit was taken over by Midwest Auto. July 9, 2001: The city council approved a CUP for Credit Equity to open a motor vehicle sales business for this location (Attachment 4). DISCUSSION The Maplewood Auto Center consists of the Super America Station with attached car wash and an automotive strip mall consisting of several bays with various auto -type businesses. Alamo is proposing to lease 1,680 square feet of space within the automotive strip mall. This space will include One service bay for washing cars, an office, and a waiting area. No exterior improvements to the building, excluding wall signage, are proposed for Alamo's business. Parking The center was approved and constructed with 124 parking spaces, which met the city requirement of 116 parking spaces. The two CUPs approved for automotive sales within this center were Midwest Auto and Credit Equity. Each of these businesses was allowed to use a maximum of 15 parking spaces per their CUPs. Alamo is requesting the use of 20 parking spaces for the storage of their rental vehicles. This brings the total of "reserved" parking spaces in the center to 50. In addition, the city's parking code requires that Alamo's 1,680 square feet of leased space have 8 parking stalls, for a total of 28 parking stalls used by Alamo. During three inspections of the site within the last two months, I found that there were a number of vacant parking stalls. During the last inspection I counted a total of 54 parking stalls in use, and 70 parking stalls vacant. Approximately 3,000 square feet of the auto mall will remain unleased after Alamo Car Rental locates to the center. City code would require 15 parking stalls for this area of leased space. Alamo representatives state that few of their reserved parking stalls will actually be occupied as their vehicles will be rented out to customers. Staff feels that even if the center were fully leased, and Alamo used all 28 of their parking stalls, there would still be adequate parking on the site. However, additional requests for "reserved" parking stalls for motor vehicle sales or rental within the center should be highly scrutinized. Compliance with Original Design Review Conditions The new owner of the Maplewood Auto Center states that it has been difficult to lease space within the center. The main reason given is the lack of visibility, with most automotive bays facing north, away from the visibility of White -Bear Avenue tragic. Staff feels that Alamo Car Rental is a compatible use for the site and the increased revenues to the owner will be beneficial. However, Alamo's request for a CUP within the site is a good opportunity for the city to ensure that the center is in compliance with all original design review and city council conditions. On inspection of the center it was found that the site suffers from a general lack of maintenance including: 1) illegal parking of two vehicles on the grass, behind the auto mall (even though parking stalls were available); 2) illegal stacking of vehicles with four cars within two parking stalls (even though parking spaces were available); 3) two areas of illegal dumping in the drainage ditch behind the auto mall (dumped materials consist of sand and miscellaneous trash); 4) trash dumpster located outside of the enclosure; 5) seven temporary signs; 6) unmaintained landscaping; 7) missing landscaping; 8) missing stop sign; and 9) missing no left turn sign. Items 1 through 6 above all relate to general maintenance of the site and can easily be resolved by the owner. Items 7 through 9 involve replacing items that were required by the community design review board (CDRB). The CDRB minutes (Attachment 1) reflect three conditions associated with these missing items including: 1) all required landscape areas shall be continually and properly maintained; 2) all required plant materials that die shall be replaced by the owner within one year; and 3) the exit to White Bear Avenue shall have only one exit lane, a no left turn sign, and a stop sign. In comparing the landscaping on the site to the original landscape plan dated February 17, 1988 (Attachment 9) it appears that 14 trees and 28 shrubs have either died or were never planted. Plant material missing from the interior of the site include: 4 golden mockorange, 1 black hills spruce, 5 radiant crab, 3 pin oak, 9 varigated dogwood; 1 marshal ash, 9 globe arborvitae, 2 sugar maple, 5 mugo pine. Plant material missing from the front of the site include: 2 dwarf lancelot crabapple and 1 isanti dogwood. COMMITTEE ACTIONS On August 6, 2001, the planning commission reviewed Alamo Car Rental's request for a CUP (Attachment 13). The owner of the Maplewood Auto Center, Brian Pellowski, contacted staff prior to the planning commission meeting to discuss the condition of the center and the missing landscaping. Mr. Pellowski was receptive to cleaning up the site and hiring a landscaping company to design a new landscape plan satisfactory to the city. He stated that the site could be cleaned up prior to the city council meeting on August 27, 2001, but the landscaping could not be installed until late fall or early spring. Staff and the planning commission recommended that Mr. Pellowski submit a letter of credit to cover the missing landscaping prior to issuing Alamo Car Rental's CUP to ensure that the work will be completed as required. The letter of credit should cover the installation and landscape materials estimated at $5,000. Mr. Pellowski was receptive to submitting a letter of credit and indicated that he would work with his bank to obtain it as soon as possible. To date, the site has not been cleaned up and the city has not received a letter of credit. The planning commission also recommended that the city council review the two "no left turn" signs required for the Maplewood Auto Center's exit and the Mapleridge Shopping Center's exits onto White Bear Avenue (see site plan indicating exit locations on page 15). The planning commission stated that the "no left turn" signs are rarely obeyed, and during most of the day the traffic on White Bear Avenue would allow a left turn. Mr. Pellowski also requested that the "no left turn" requirement be reviewed as well. The planning commission recommended approval of Alamo Car Rental's CUP with an additional condition requiring that the owner of the Maplewood Auto Center submit a letter of credit to cover the missing landscaping prior to issuance of the CUP. Alamo Car Rental 2 August 21, 2001 RECOMMENDATIONS Adopt the resolution on pages 21 and 22. This resolution approves a conditional use permit for rental of motor vehicles at Maplewood Auto Center, 2525 White Bear Avenue. Approval is based on the findings required by the code and subject to: 1. All construction of the Alamo Car Rental business shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed motor vehicle rental use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The owner of the Maplewood Auto Center at 2525 White Bear Avenue will do the following on the site as required by city code and community design review board original conditions prior to Alamo Car Rental obtaining a conditional use permit: a. Ensure that there is no illegal parking on the site including no parking on the grass and no stacking of vehicles (i.e., two vehicles to one stall). b. Ensure that the entire site is cleared of trash including all illegally dumped material located within the drainage ditch behind the auto mall. C. Ensure that the trash dumpster is placed inside the dumpster enclosure at all times. d. Ensure that the site is in compliance with the city's temporary sign ordinance including obtaining a sign permit for all temporary signs over 16 square feet and only allowing one temporary sign per business located within the center. e. Ensure that all landscaped areas are maintained including removing all weeds from the landscaped area around the base of the center's pylon sign. Replace the following missing signs on the site as specified in the community design review board's conditions for approval of the development: a stop sign and a no left turn sign to be located at the exit onto White Bear Avenue. g. Submit a revised landscape plan to the city for approval. The landscape plan must show the replacement of 14 trees and 28 shrubs (species and location may vary from original plan). h. Submit a letter of credit to the city to cover the installation and materials required by the approved landscape plan. 5. The required landscaping must be installed by May 1, 2002, or earlier. Alamo Car Rental 3 August 21, 2001 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 4.8 acres Existing Use: Maplewood Auto Center and Super America SURROUNDING LAND USES North: A multi- tenant commercial building and vacant property owned by Bob Mogren. South: Mapleridge Shopping Center West: Undeveloped wetlands owned by Ramsey County. East: Across White Bear Avenue is Bachman's, Mogren Brothers' Landscaping, the former NTB building, and an office building. PLANNING Land Use Plan: BC (Business Commercial) Zoning: BC (Business Commercial) Ordinance Requirements Section 36- 151(b)(5)(b) requires a CUP for the storage or rental of motor vehicles. Criteria for Conditional Use Permit Approval Section 36- 442(a) states that the city council may approve a CUP, based on nine standards. Refer to the findings in the resolution on pages 21 and 22. Application Date We received this application on July 12, 2001. State law requires that the city council decide on this project within 60 days. City council action is required by September 10, 2001. p:secl 11maplewood auto (aamo) Attachments: 1. Community Design Review Board 3/22/88 Minutes 2. City Council 4/24/89 Minutes 3. City Council 11/22/99 Minutes 4. City Council 7/9/01 Minutes 5. Location Map 6. Property Line/zoning 7. Site Plan 8. Floor Plan 9. Original Landscape Plan (2/17/88) 10. Revised Landscape Plan (7/8/93) 11. Alamo Car Rental's Explanation of Project 12. Alamo Car Rental's Criteria for Approval of CUP 13. Planning Commission 8/6/01 Minutes 14. Conditional Use Permit Resolution Alamo Car Rental 4 August 21, 2001 ATTACHMENT 1 COMMUnit Design Review Board -4-- M i n ut es 3-22-88 dated-stamped March 4, 1988 f or Tom Thumb at the Hi I I side Shopping Center and a] so f or the tenant signage as f ol I ows I a Each tenant shat I be al I owed one sil k-screened sign on the canvas canop and one 15-inch sign on the tower. P. 2w The p on sign shat I be subject to staf f approval and shall meet all size, height and setback re Board Member Erickson seconded A Eon Design Review Auto Center White Bear Avenue Michael Wilkus, an architect with Weiss Companies, was present representing the applicant. He said he was in agreement with the conditions of recommendation. The board q uestioned him on the. arch itecture and materials to be used for the proposed buil ding Board Member Kochsiek moved approval of site, landscaping, architectural and signage pl ans -date-stamped Februar 22 1988 I for the Maplewood Auto Center, subject to: is Approval of plans b the Communit Design Review Board does not constitute approval of a building permit. 2a All trash dumpsters shall be stored in screening enclosures with a 100% opa wooden gate and shall be a color and material compatible with the building. Enclosures shall be protected b concrete-f il led steel posts, or the e anchored in the ground at the front corners of the strUCture. If the enclosure is masonr the protective posts ma be omitted. 3w An exterior building or roof-top e that is not ade screened b the parapet shall be additionall screened and hidden from view. 4v An erosion control plan, acceptable to the cit enciineer, shall be submitted prior to the issuance of a building permit for erosion control during construction. 5. Parking areas shall be striped and all bituminous areas shall have continuous concrete curbing. Parking lots shall be �-.-ept in a continual state of repair. 6a If construction has not begun within two y ears of approval , board review shal 1 be repeated. Communit Design Review Board -5- Minutes 3-22-88 7w Site securit I ighting shat I be provided and shat I be directed or shielded so not to cause an undue glare onto adjacent properties or roadwa 8. If an adjacent propert is disturbed or propert irons removed due to construction of the site, that propert shall be restored and irons replaced b the applicants 9n Grading, drainage' and utilit plans shall be subject to the cit engineer's approval 10. The curb cut along White Bear Avenue shall properly blend in to match the sidewalk grades 11. Prior to the issuance of a grading permit or building permit, the applicant shall obtain approval from Ramse Count for the curb cut and for the realignment of the drainage ditch. 12. The exit to 'White Bear Avenue shall have onl one exit lane, a "no left turn" sign and stop sign. 13. Al I grass areas al ong the south and east I of I ines shat I be sod., not seed. Those, areas adjacent to the ditch shat 1 be sod or seed. 14. All re landscape areas shall be continuall and properl maintained 15. Al I re pl anl material s, that die shal I be- repl aced b the owner within one y ear. 16. Ref l ector i z ed stop signs and handicap parking signs shall be provided. 17a All public boulevard that is disturbed due to this construction shall be restored and resoddedo 18. . The applicant shall provide a monetary guarantee, in the form acceptable to staff, in the amount of 150% of the established cost of an site improvements that are not completed b occupanc 19, The parking stall depth and drive aisle widths north and south of Building B shall be 19 feet and 24 feets 20. There shall be no outside storage or displa of products or merchandise al Board Member Erickson seconded A 1 ATTACHMENT 2 S . Appeal of C. D. R. B . Motion: Maplewood Auto Center ( 25 25 White Bear Avenue) a. Manager mcGuire presented the Staff report. b. Associate Planner Ekstrand presented the specifics of the proposal. C. Board Member Anitzberger presented the C. D. R. B. report. d. Chris McGrath, representing the developer, spoke on behalf of the request for left turn exits onto White Bear Avenue. e. Councilmember Anderson moved - to deny the request of Curt Johnson Proper-ties for a left turn lane exit onto White Bear Avenue. Seconded by Councilmember Juke.r. Ayes - all. 0. VISITOR PRESENTATIONS 1. Gerald Mogren a. Mr. Mogren requested an extension of time for his mining permit at Maple Hill. He tried to renew his mining permit but because of other difficulties with mining permits. it was denied. There is still material to be removed and he wishes to f inish the job by July. b. Council directed Mr. Mogren to see Director of Public Works Haider regarding a - -- gr_ ad�ng permit, Councilmember Bastian moved to reconsider the vote regardina the proposed development on Beebe Road and that it should be placed on 4th, 1989, Agenda, Seconded by Mayor Greavu. Ayes - all. P, ADJOURIZIE14T OF 4- -24 -89 MEETING 11:37 P.M. City C1er.•lc 4-20-89 7 MAPLEWO OD CITY COUNCIL ATTACHMENT 3 _ 7:00 P.M., Monday, November 22,1999 Council Chambers, Municipal Building Meeting No. 99 -26 2. 7:18 P.M. Used Car Sales Conditional Use Permit - Maplewood Auto Ctr. (2525 White Bear Avenue) a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. City Attorney Kelly explained the procedure for public hearings. f. Mayor Rossbach opened the public hearing, calling for proponents of opponents. No one was heard. g. Mayor Rossbach closed the public hearing. Councilmember Koppen moved /introduced the following Resolution, approving a conditional use permit for used sales at Maplewood Auto enter, White ear venue or a six month period o time. t that time applicant will e required to come before Council at that time and moved its adoption: 99 -11 -109 CONDITIONAL USE PER HT RESOLUTION WHEREAS, Dale Martin, of Credit Equity Sales, applied for a conditional use permit for motor vehicle sales at the Maplewood 'Auto Center: WHEREAS, this permit applies to property located at 2525 White Bear Avenue. The legal description is: SUBJECT TO EASEMENTS: N 280 FEET OF LOT 2 & ALL OF LOT 1 BLOCK 1, MAPLE RIDGE MALL WHEREAS, the history of this conditional use permit is as follows: 1. On November 1, 1999, the planning commission recommended that the city council approve this permit. 11 -22 -99 E 2. On November 22, 1999, the citr incil held a public hearing. The city staf *.)lished a notice in the paper and sera ►1.otices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust., odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. b. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: I . All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. There shall not be any vehicles displayed in the parking lot with "for sale" signs, flags, pennants or any other forms of car -sale display or graphics. 5. Car'sales on the site shall be by appointment only as proposed, not on a drop -by retail basis. 6. No Large transport vehicles allowed on the site. Seconded by Mayor Rossbach Ayes - all 11 -22 -99 ATTACHMENT 4 MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 9, 2001 Council Chambers, Municipal Building Meeting No. 01 -14 H. PUBLIC HEARINGS 1. 7:00 P.M Credit Equity Sales Conditional Use Permit (2525 White Bear Avenue) a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. C. Assistant City Manager Coleman presented the specifics of the report. d. Commissioner Paul Mueller presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Julie Berry, 2361 Oak Lane, employee at Credit Equity Sales Councilmember Collins moved to adopt the following resolution that approves a conditional use permit for used motor vehicle sales at Maplewood Auto Center, 2525 White Bear Avenue. Approval is based on the finding required by the code and subject to RESOLUTION 07 -01 -061 Credit Equity Sales -- Conditional Use Permit WHEREAS, Dale Martin, of Credit Equity Sales, applied for a conditional use permit for motor vehicle sales at the Maplewood Auto Center: WHEREAS, this permit applies to property located at 2525 White Bear Avenue. The legal description is: SUBJECT TO EASEMENTS: N 280 FEET OF LOT 2 & ALL OF LOT 1 BLOCK 1, MAPLE RIDGE MALL (PIN 11- 29- 22 -22- 0040) WHEREAS, the history of this conditional use permit is as follows: 1. On June 18, 2001, the planning commission recommended that the city council approve this permit. 2. On July 9, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. 10 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. . 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. There shall not be any vehicles displayed in the parking lot with "for sale" signs or any other forms of vehicle -sale display or graphics. 5. Vehicle sales shall be by appointment only, not on a drop -by retail basis. 11 6. The owner or operator shall get a certificate of occupancy from the city before occupying the space. Seconded by Councilmember Wasiluk Ayes — All 12 ATTACHMENT 5 \-'; N , I J' ... .. ...... Maplewood Auto Center Location Map 13 ATTACHMENT 6 PROPERTY LINE /ZONING MAP 14 I 'I s / • 1 t t 81 V V-/ - 1 0 h n n i i it it i i! I t 1 .....�. i It t 1! it 1 1 1 tJ 11 1 s � C r �7 /c {� - �� r L-7 i Li SITE PLAN 15 4 N lIII 1) E Q � � �r►�►¢ Lr -- 1 L c } t w b r i� �4 J 1 1� 1' f t Floor Plan N 16 ATTACHMENT 9 ORIGINAL LANDSCAPE PLAN Q DATED FEBRUARY 17,1988 wl 1�1 17 T' p {' FNA ' . ` CANOPY �,. QI G4i�I5�L ::S' W �� � � 401. � � �' N - C . PT� CAR w • �b AU TO 1 o • �v MA 1,,� bG/�'m � 3 • w �F OWL SAW we .. *lam _ ia+ • M Fdoc cA4cd tcvC 5 yyA vC- d; ea 1 MgAP1.�R41 $ Ii0im'P014 GNTIM • 4- ORIGINAL LANDSCAPE PLAN Q DATED FEBRUARY 17,1988 wl 1�1 17 h ATTACHMENT 10 REVISED FRONT LANDSCAPE PLAN DATED JULY 8 1993 vem a 1 • � r i f • - 1 - Y � 1 m CL -1 l PLANT LIST. .8 MM Black Hills Spru •� .. =�, t ' __ - . • . � y s D 300 1.5" 68 Dwarf Lancelot 3 , Crabapple B8 Isanti ; Dogwood . . •. • #1 Goldstur Rudb� .. . a � I ` T 1 1 1 ` � l f 1 1 i r i • 1 ••w REVISED FRONT LANDSCAPE PLAN DATED JULY 8 1993 ATTACHMENT 11 Explanation of Project Alamo Car Rental 2525 White Bear Avenue, #117 Maplewood, MN Alamo Car Rental has chosen a location at 2525 White Bear Avenue, #117 in Maplewood for expansion of the neighborhood division of Alamo. o. This property is currently zoned "BC" Business Commercial and the proposed car rent . p p al requires a Conditional Use Permit to locate within the "BC" District. The proposed lease space consists of approximately 1,680 square feet. The landlord has agreed to allow Alamo to use up to twenty (20) parking spaces as shown on the enclosed site lan for the storage orage of their rental vehicles. Alamo will also be using an existing service bay o wash cars wi p ressu re Y th a hand -held p ure washer. Although a total of twenty (20) Alamo anti parkin spaces will be available ' g p anticipates that few of these spaces will actually be occupied as their customers vehicles will be rented out to p ' .. The Alamo Neighborhood Division focuses on the "Off-Airport" ' rp business. The business is comprised of insurance replacement, dealership replacement, corporate an p � rP d retail. The hours of operation generally are Monday through Saturday from lam t g y o Spm. The staffing at the location generally consists of three (3) employees d ' O wring the morning hours and two employees during the afternoon hours. Alamo' • s ideal situation is to exist in a "full rental" status which means there are no cars on site because they are rented out. On any given day, a few cars will be parked on site as there is transition time between customer rentals. On behalf of Alamo, McBride Dale Clarion respectfully r . p y q sts approval of this Conditional Use Permit application to allow. their car rental operation and the outdoor storage of motor vehicles. Alamo is a low impact use and will p not be harmful to the health, safety, welfare or morals of the community. Alamo to . y looks forward to expanding their business in Maplewood, Minnesota and is excited to have the opportunity to serve the community with their services. McBride Dale Clarion 19 July 10, 2001 ATTACHMENT 12 Criteriafor Approval of a Conditional Use Permit Alamo Car Rental 2525 White Bear Avenue, #117 Maplewood, MN 1. Alamo will be located within an existing storefront in an existing shopping center and would therefore be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances upon approval of the Conditional Use Permit request. 2. Alamo will not change the existing or planned character of the surrounding area. 3. Alamo will not depreciate property values. 4. Alamo is a low impact use and will not involve any activity, process, materials, equipment or methods of operation that will be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. Alamo will generate only minimal vehicular traffic on local streets and will not create traffic congestion or unsafe access on existing or proposed streets. 6. Alamo will be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. Alamo will not create excessive additional costs for public facilities or services. 8. Alamo will maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. Alamo will cause minimal environmental effects. McBride Dale Clarion 20 July 10, 2001 ATTACHMENT 13 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 6, 2001 1. NEW BUSINESS 6. a. Alamo Car Rental Conditional Use Permit (2525 White Bear Avenue) Ms. Finwall stated that Alamo Car Rental is requesting approval of a conditional use permit (CUP) for the rental of motor vehicles from the Maplewood Auto Center, 2525 White Bear Avenue. Staff does find that Alamo Car Rental's use is compatible with the car center and does recommend approval of their conditional use permit with six conditions, which include a revised condition number 5 which would read "the Owner of the Maplewood Auto Center at 2525 White Bear Avenue will replace the stop sign and no left turn sign at the exit onto White Bear Avenue prior to the city issuing a conditional use permit for Alamo Car Rental and an added condition number 6. to read "the owner of the Maplewood Auto Center at 2525 White Bear Avenue will submit a letter of credit to the city to cover the cost of missing landscaping materials including 14 trees and 28 shrubs and the installation of those materials prior to the city issuing a conditional use permit for Alamo Car Rental. The owner of the Maplewood Auto Center will work with staff on the location and species of the landscape materials to be installed by the end of the 2001 planting season". This will allow Mr. Pollowski an opportunity to hire a landscaping firm to install all of the required plant materials by the end of the years planting season. Chairperson Fischer asked if there were any questions of the staff report. Commissioner Frost asked if Alamo Car Rental is for other car dealers or can people off the street use them as well. Ms. Finwall replied that Alamo Car Rental would be catering mainly to the local dealers; however, a customer could come off the street and rent a car from them as well. However, Alamo has indicated this would not be a majority of their business. Commissioner Frost replied that he did like the provision that was made to the landscaping plan compared to the original plan of 1988 because the original plan shows trees and bushes that he would not recommend any longer. Commissioner Frost stated that he does not understand why a left turn cannot be made onto White Bear Avenue. He could, however, understand if the no left turn was during peak times (7 — 9 a.m. and again from 4 — 6 p.m.), but it seems inefficient to turn right on White Bear Avenue and loop around and go north when the traffic is not that congested most of the day. Chairperson Fischer asked what the inspection process was to ensure that landscaping . p g conditions are met. She could understand that a building inspector would take care of the buildings but who would be out looking at the landscaping to see if companies are in compliance. Ms. Finwall replied that conditional use permits which were approved within the city are reviewed by the city council yearly to a certain point, and then reviewed every 5 years after that. Staff looks at all aspects of the conditional use permit, including landscaping and reports any deficiencies to the city council. 21 Planning Commission Minutes 8-6 -2001 Mr. Roberts stated that in addition to that, the planning staff is charged with checking things like signage and landscaping once a certificate of occupancy for a building is requested to make sure that they are complete. Chairperson Fischer asked if they are now checking the number of shrubs and trees are the actual number that was approved. Mr. Roberts replied yes. Commissioner Dierich stated that she thought the deadline for the landscaping is going to be very tight to complete this year. Landscaping companies are very busy and having gone through this herself she knows it is going to be very hard to complete the planting process before the season ends. Mr. Roberts asked Commissioner Dierich if that was because of a shortage of materials or shortage of labor. Commissioner Dierich replied yes a shortage of labor. Currently many landscapers are booked until the end of the year. Mr. Roberts stated that he was sure with a line of credit the applicant and the board can work something out to get the landscape installed, if not this fall, then next spring. Chairperson Fischer asks the applicant to come forward and give their name and address, questions, concerns, thoughts. Steve Lewis of Alamo Car Rental, at 8000 Knox Avenue South in Bloomington, Minnesota was present. Chairperson Fischer asked the applicant if he has any problems or concerns with any of the recommendations or conditions in the staff report. Mr. Lewis asked if there was a delay in the landscaping conditions what does that do to his company moving into the Maplewood Auto Center. Does the landlord have to comply with the conditions before he can move the business in? Ms. Finwall replied that as long as the city received the letter of credit or cash equity to cover that landscaping material, his opening in this center would be fine. Mr. Lewis asked if the landlord does not supply a line of credit, would that postpone his opening? Mr. Roberts replied yes. Mr. Lewis asked if the landscaping was an issue for any other occupants that went into the center before this time. Mr. Roberts replied yes. Mr. Lewis asked if this landscaping situation was not a condition for previous occupants, why must it be a condition of Aiamo's? 22 Planning Commission Minutes 8-6 -2001 Mr. Roberts replied that the city just became aware of the missing landscaping and therefore Alamo's conditional use permit request is a good opportunity for the city to require the owner to meet the original landscaping plan. Commissioner Frost stated that it sounded like the owner is agreeable to getting this taken care of. Hopefully it is not going to be an issue for Alamo's timeline. Chairperson Fischer thanked Mr. Lewis for his questions. Commissioner Pearson moved to recommend approval of the resolution approving a conditional use permit for rental of motor vehicles at the Maplewood Auto Center at 2525 White Bear Avenue for Alamo Car Rental with conditions as 'specified by staff. Commissioner Frost recommends the amendment of condition (5.) c. about the no left turn sign. He feels it should be up for review with the police. Commissioner Ahlness added to Commissioner Frost's recommendation pending a review by the chief of police, and if there were no objections it would be posted with no left turn only from 7 --9 a.m. and from 4 — 6 p.m. That way we could go forward if he has no objections. Commissioner Pearson accepted the amendments. Commissioner Trippler seconded the motion. Commissioner Ahlness asked if the police department could also look at the turning left at Caribou Coffee as well. Mr. Roberts replied he was not sure if they could do anything to change that site since they are not working with that location right now. Commissioner Ahlness replied that the city should look at it as a comprehensive plan otherwise people will drive across the parking lot to take a deft turn at one exit when they can't at the other. Motion carried. Ayes — All 23 ATTACHMENT 14 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Alamo Car Rental applied for a conditional use permit for the rental of motor vehicles at the Maplewood Auto Center: WHEREAS, this permit applies to property located at 2525 White Bear Avenue. The legal description is: SUBJECT TO EASEMENTS: N 280 FEET OF LOT 2 & ALL OF LOT 1 BLOCK 1, MAPLE RIDGE MALL (PIN 11- 29 -22 -22 -0040) WHEREAS, the history of this conditional use permit is as follows: 1. On August 6, 2001, the planning commission recommended that the city council approve this permit. 2. On August 27, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 24 Approval is subject to the following conditions: 1. All construction of the Alamo Car Rental business shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed motor vehicle rental use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The owner of the Maplewood Auto Center at 2525 White Bear Avenue will do the following on the site as required by city code and community design review board original conditions prior to Alamo Car Rental obtaining a conditional use permit: a. Ensure that there is no illegal parking on the site including no parking on the grass and no stacking of vehicles (i.e., two vehicles to one stall). b. Ensure that the entire site is cleared of trash including all illegally dumped material located within the drainage ditch behind the auto mall. c. Ensure that the trash dumpster is placed inside the dumpster enclosure at all times. d. Ensure that the site is in compliance with the city's temporary sign ordinance including obtaining a sign permit for all temporary signs over 16 square feet and only allowing one temporary sign per business located within the center. e. Ensure that all landscaped areas are maintained including removing all weeds from the landscaped area around the base of the center's pylon sign. f. Replace the following missing signs on the site as specified in the community design review board's conditions for approval of the development: a stop sign and a no left turn sign to be located at the exit onto White Bear Avenue. g. Submit a revised landscape plan to the city for approval. The landscape plan must show the replacement of 14 trees and 28 shrubs (species and location may vary from original plan). h. Submit a letter of credit to the city to cover the installation and materials required by the approved landscape plan. 5. The required landscaping must be installed by May 1, 2002, or earlier. The Maplewood City Council adopted this resolution on August 27, 2001. 25 Agenda # f4 6 Action by Council. MEMORANDUM Date .�. ��.. . City TO: Manager • g FROM: Melinda Coleman, Assistant City Manager ®dried SUBJECT Conditional Use Permit Amendment - Ramsey County F 4$rei�' Center LOCATION: 2001 Van Dyke Street DATE: August 14, 2001 INTRODUCTION City staff is seeking an amendment to the conditional use permit (CUP) for the Ramsey County Family Service Center at 2001 Van Dyke Street. (See the maps on pages 3 -5.) The facility is a 21 room, 55 bed shelter that primarily serves women and children. The county opened this facility on February 1, 2000. A city condition of approval of this facility was the county installing handicapped access (an elevator) in the barn on the county fairgrounds. The county has completed all of the work associated with this facility except for installing the handicapped access or elevator in the barn. The city is holding $140,000 in escrow funds for the elevator installation. City staff is requesting an amendment to the CUP to not require the elevator in the bay and to ay4ovu the city and county to use the escrow funds for other improvement projects instead of the elevator. BACKGROUND January 25, 1999: The city council approved a land use plan change from P (parks) to G (government facility), a CUP and building, site and landscaping plans for the Family Service Center. Refer to the council minutes starting on page 6. March 27, 2000. The city Council reviewed the CUP and moved to review it again in one year. March 12, 2001. The city council reviewed the CUP and moved to review it again in one year. DISCUSSION The county has completed all of the work associated with this facility with the exception of the elevator in the barn. The barn is very old and installing the elevator would then require other building improvements to bring the structure up to current codes. Preliminary cost estimates to do the required improvements are between $700,000 and $800,000. In addition, the architect who looked at this indicated that once the second floor becomes occupied, the code would require additional emergency exits. This is problematic because the historical character of the barn would be compromised if the county added an additional exit with a stairway to the barn. At a recent council/manager workshop, the city council directed staff to work with Ramsey County staff to look at alternative projects or improvements. It also was suggested that the city and county could divide the $140,000 and that each entity could propose their own improvements or projects. City and county staff have met and reviewed potential projects. The county shared a copy of a plan they have for improvements to the Ramsey. County fairgrounds and campus. If the city council revises the CUP to not require the county to install the elevator, the county proposes several enhancements to the fairground campus. These include new lighting, a sign plan, a pedestrian /traffic safety plan and staff /consultant time to apply for barn restoration grants. City staff is suggesting that the city use our "share" of the, elevator money for the roof replacement and other repairs at the Bruentrup farm (2170 County Road D). Because of the high costs and practical difficulties associated with the installation of the handicapped access or the elevator, staff is recommending that the city council amend the CUP. We are suggesting that the city amend current condition number 10 that requires the elevator or legitimate handicapped access to the barn upper level. This change would be to require the county and the city to use the $140,000 in escrow ($70,000 to each entity) for improvements on the Ramsey County fairground1campus and for the Bruentrup farm for building repair or restoration. RECOMMENDATION Adopt the resolution starting on page 12. This resolution changes the conditions of approval for the Ramsey County Family Service Center at 2001 van Dyke Street. These changes include changing the language for original Condition 10 and deleting other completed conditions from the January 25, 1999 city council approval. Specifically, original Condition 10 of the conditional use permit (CUP) for the Ramsey County Family Service Center shall be revised read as follows Q have underlined the additions and crossed out the deletions): 10. Ramsey County aarees to spend at least $70.000 on imDrovements to the coun fairarounds and campus such as new liahtina. a sign plan. a pedestrian /traffic safety Dian and staff /consultant time for working on grants for the restoration of the county barn. All such plans or improvements shall be reviewed and approved by city staff. Ramsey County also shall donate $70,000 to Maplewood for building repair or improvements at the Bruentrup farm at 2170 County Road D. The County shall make this payment to Maplewood by October 1, 2001, unless the city council agrees to a time extension. p:sec141famshelt.mc Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. 1 -25 -99 Council Minutes 5. CUP Revision Resolution F) Attachment i c6 VIKING DR. ` , sHERREN AVE. t; K C �e od Lake CASTLE AVE. COPE �` AVE. COPE AVE. • 4+ t AVE. G LARK AVE. a �. �' �• �' �n Z LAURIE R u LAURIE I RD. o +-. z � :!WTI URIE R0. t.rr e � SAND URST E. S �"'., W Z W Z Z B iii c� Y CO. RD. B �n ?iCE AVE, m 6URKE AVE. o B URN AVE. c«,tr ,, �, DGE AVE. J I FAMILY SERVICE T �• BELMONT AVE- W ewo CRY low CENTER AV E. SKILL NAN AVE. KkRRIS AVE. J W ROSEWOOD A N. R p.,00e R OSEw o AN AV. Q �C Q ` AVE• S. � o CA z_ • S> ``' AVE. r " GOO CH H Ot10 WAY I v © ItCORICN , G �O• Z N Z & C SE ��. ®9 ' W SU �R A VE. EN�I ,WC Qt U MER AV v O W f%• N �rr+e.•d. o VE-. Goodrich • S z o GS ,� RIPLEY AVE. RI PLEY t ®kefietd Lake KINTON �. m KINGSTON AVE. AVE SO HIA AVE C y z _ W w W PRICE AVE. N o v tj Z Li PRICE 1► o f co o u &#CKNC#(T LN Ix _ LARPENTEUI n LOCATION MAP 3 4 N low 0 10 1 �..:..1.. 37- l- �`�• -_ 3' asp N I '+' r 1 is di W. 2 ! r .� ---AV E .s O/ 14 4r fc7N �. aTe•t. � ~ 'o +J so • 1 .9Got• :I :I •�1 - . S.G orm ' . I Np yf S & . IONW RE o e (7S) BUILD1 O Ij ST. •. ? �_ . VAN Lky �', �' ��. COUNTY BUIL INGS , •• *& .JL,.. s j �u;T" cam) (0) 04 c;�� a FAMILY SERVI E. :.._�; + • .s = CENTER �-- -� .. ..� * FROST AVE. An • M S E Y CO �>� •: • L�t3it— 1� Lois, RA �,�- a (3c� :F 3 RAM Y NURSING HOME , _..3.�'St:4.3 l..t�e. � �� .SZ_ � 1 =r �:�•�: ( it :� Vii.:• COUNTY RA MS E Y 47 e �) ( ?) Y �� (r ull GOLF C O v R S E e (31 ui IIG.90 0 6r• c; 0 t� RAMSEY COUNTY > 00 t9s. CIL in (la-) (� j� 0 -- -- ,�) — 10 �., ALDRICH ARENA , mom •r w � M ib • • ILL LF DOME A& RIPLEY AVE. TV 14- L2S.► 33�•�_� .. �4� � . - � }S=am ! ' • � .t ' • PROPERTY LINE 1 ZONING MAP W 4 N Attachment 2 CIAMWOP- Attachment 3 . ti COUNTY BUILDINGS ;41 FROST "Es j I Z li II RECREATION,,,,.— BUILDING 04 'I I I U. JIM! FAMILY SERVICE :CENTER MMSEY NURSING HOME t k U) ui _ i _ - - I i >0 IL z < > ti Jk l; ..4-ALDRICH AR ENA. SITE PLAN 5 4 W I T(Pbl W U) ui _ i _ - - I i >0 IL z < > ti Jk l; ..4-ALDRICH AR ENA. SITE PLAN 5 4 Attachment 4 Dick Zangs , 2071 E. California - St. Paul ;reg Cop eland, 612 E. Cook Ave. - St. Paul Jeff Will iams, 1890 Barclay St. - Maplewood Lori La6ey, , 1758 Wa i k Ave. - Maplewood Father, Michael Reding, 1735 Kennard St. - Maplewood Carrie Wasby, 762 Geranium - St. Paul J. Tacheny, Edina Realty, 2303 Minnehaha - Maplewood Ruth Santella, 1579 Cottage Re LaR oche Thieve - Maplewood HRC Irene Ripley, 2276 Holloway Ave. - Maplewood Sue Butler, 1967 Payne Ave. Maplewood Mark D. Bradley Sr., 2164 Woodl ynn Avenue Maplewood Beth Bl i ck . 401 Ashland Avenue #9, St. Paul Mary Schoenborn, 2649 Midvale Place.- Maplewood Sandra.Nelson, 1510 Eastshore Dr., St. Paul Howard Mu ra s k i , 55 McClelland St. - Maplewood g. Mayor R ossbach closed the public hearing at 12:00 p.m.. Counci 1 member Carlson (12:05 a _ m_ ) moy��.o--exten t tiQ meeti np unti 1 the agenda was comp p eted. Seconded by Councilmember Kittridge Ayes - al 1 %� ouncilmember Kittridge introduc t he following Resolut ! 11'x• 1i the Comprehen .1 me nx for—the R...... nt Eami I Y Seryi ce Center CQunty Nursing Home and County-barn with st aff--recommen dati * o ns an moved its adotion RESOLUTION 99 -01 -05 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Ramsey County applied fora change to the city's land use plan from P (parks) to G (government facility). WHEREAS, the city staff proposed a change to the city's land use plan from P (parks) to G (government facility) for the Ramsey Nursing Home site and the county barn site to bring the land use plan into conformance with these uses. WHEREAS, this change applies to the Ramsey Nursing dome (2000 White Bear Avenue), the proposed Family Service Center northeast of the nursing home and the county barn (2020 White Bear Avenue). The legal description is: SUBJ TO AVE THE W E:20 FT OF N 438 FT OF SW 1/4 AND W 620 FT OF S 235 8/10 FT OF NW 1/4 ALSO N 52 FT OF S 287 8/10 FT OF W 160 05/100 SD NW 1/4 ALL IN SEC 14 TN 29 RN 22 AND 1- 2�5 -99 SUBJ TO AVES AND ESMTS AND EX W 620 FT OF N 438 FT THE W 810 FT OF N F TN 2 0 SW 1/4 OF SEC 14 29 RN 22 WHEREAS, the history of this change is as fol lows: I. On December 21, 1998, the planning ommission held a public 9 p c heari The city staff published a hearing not i n the Maplewood ewood Review and sent notices s to the surrounding property owners. The planning commission gave everyone at the hearin a chance resent written s 9 ance to speak and p statements. The planning commission recommended that th city council approve the land use p 9 lain change. e 2. On January 25, 1999, the city council discussed the land plan 1 . an an change. They considered reports and recommendations from the planning . p g commission d city staff. NOW, THEREFORE, BE IT RESOLVED that the ci ty counci app rove the - change y pp above described c ge because: 1. This change for the proposed Family Service Center would be ' consistent with the comprehensive plan's goals and policies by providing n housing and servi 4 p g 9 es to meet the needs of nontraditional households. 2. This change would correct the l and use an 1 ma b incorporatin orati n p p y p g the Ramsey Nursing Home site and the county barn site into the G classification rather P than the current classification. 'econded by Counci lmember Carlson Ayes - Counci 1 members y Carlson. Kittridge. & Allenspach Nays - Mayor Rossbach & Councilmember Koppen MOTION FAILED rovina a Co-ndit-ional—Us-e P Ii • 1' ►: - •.1 •II Cent •1 amen -,, • • 11 1 -_ •!� •! • ./ II - ilk• ► �•• . i� "� !- 1 1 •/, •1 i• _ 11 1• •il 1' "•• C ondition � -� i - _ e other Ramsey and ;.�; ! Cent c on s * d. .• •• - 111•! is consis or _C0 facilities--and werations-sucli-as he adjacent Nursi ome Counci Imember Kittr e also add -an -amendment' to condition 3c-Legandmg-the Avenue. a added a condition ta c onstruction-and 11•. 1 '1•.1 • . !•,. . 111 1' 'i •1 •.11 . •!• ide W 1 B ear Counc _ - Comm ittee -as-- gested-4 _ hborhood Advi sorv RESOLUTION 99 -01 -06 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ramsey County applied for a conditional use permit for a family service 1 -25 -99 7 center. WHEREAS, this permit applies to the site northeast of the Ramsey Nursing Home at 2000 White Bear Avenue. The legal description is: SUBJ TO AVE THE W 620 FT OF N 438 FT OF SW 1/4 AND W 620 FT OF S 235 8/10 FT OF NW 1/4 ALSO N 52 FT OF S 287 8/10 FT OF W 160 05/100 SD NW 1/4 ALL IN SEC 14 TN 29 RN 22 AND SUBJ TO AVES AND ESMTS AND EX W 620 FT OF N 438 FT THE W 810 FT OF N.% OF SW 1/4 OF SEC 14 TN 29 RN 22 WHEREAS, the history of this conditional use p erm+i t is as follows: 1. On December 21.. 1998, the planning commission recommended that the city council approve this permit. 2. On January 25, 1999 , the city council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council a l s o considered reports and recommendations from the city staff and .planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment o r methods of y p operation that would be dangerous. hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes. water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures water and sewer systems, schools and parks. 7. The use would not crate excessive additional costs for public facilities or services. 8. The use mould maximize the preservation of and incorporate the site's natural and scenic features into the development design. . 9. The use would cause minimal adverse environmental effects. 1 -25 -99 8 10-The proposed Family Service Center is considered a governmental use and. is consistent with the other Ramsey County facilities and operations such as the adjacent Nurs ng Home. Approval is subject to the following conditions: 1. All construction shall fol l ova the site plan approved by the city. The director of community development may approve minor changes. 2. The roposed construction must be substantially started within one year of council approvaf or the permit shall become null and void. The council may extend this deadline for one year. 3. The: ci ty counci 1 shall review this permit in one year. 4. The county shall add more parking to the site if the city council deems it necessary. 5. Before issuance of a building permit, the County shall provide concrete evidence of a negotiated agreement with the local school government regarding all logistical and financial ramifications incurred by this establishment. 6. There shall be no increase in size or capacity of the structure 7. The County shall assume financial responsibility for all services provided to the residents of the Shelter that would normally be charged to the citizens (Example: Ambulance and paramedic runs) 8. All elements of the listed Emergency Housing Program Parameters shall remain in force unless a change is agreed to by the City Council at a subsequent CUP review. 9. The County shall arrange with the contractor to assure no loss of space or utilities, normally available to the 1999 Ramsey County Fair, shall occur. 10_All heretofore and subsequent agreements regarding restitution and expansion of the area for County Fair purposed shall be completed before a certificate of occupancy is issue. The new access to the lower level as agreed upon by the fair board and the county shall be completed before the 1999 fair. Other improvements shall include but not be limited to legitimate handicapped access to the barn upper level, and all other improvements discussed in the fair board negotiations. 11. Parking spaces on the Worth side of the designated East -West Van Dyke Ave. Shall be redesigned in accordance with the concerns of the Fair Board in the use of this area. The new layout shall meet the approval of the fair Board and the City. Each year at a prearranged time before and during fair week, all these new parking areas shall be evacuated from the use of the fair board at their discretion, if the use of these is to be an advantage to them. 12.A11 disturbed electrical and other utilities, which affect the fair operation, shall be completely restored and ready for the 1999 fair. 13.If at any time, the City Council determines there is a need, the County will contract for, or provide from their own staff, security patrols in the complex bounded by the Willard Munger Trail, White Bear Avenue, Ripley Street, and the Goodrich Golf course. 1 -25 -99 9 Times. and extent of the patrol w i l l be established at that point in time. 14-This Conditional Use Permit will be reviewed annually, and if in the opinion of the City Council, any evidence of negative repercussion to the area, or valid reason that the facility has caused undue hardship to the residents, the city may revoke the Conditional Use Permit with no financial obligation to the city, and the normal amortization process would not apply. The County would then have one hundred and twenty (120) days to cease operations as a homeless shelter and devote the structure to an acceptable planned backup use such as elderly care. 15 . Al 1 portions of the Conditional Use Permit and land use plan shall be agreed to by the county and a letter agreeing to all elements of the same shall be submitted to the cit before issuance of a building permit. 16. Ramsey County shall be responsible for the maintenance and plowing on the sidewalk along White Bear Avenue from the County facilities to the Gateway Trail. Seconded by Counci lmember Carlson Ayes - Counci 1 member Ki ttri dge & Carlson, Mayor Rossbach Nuys - Counci 1 members Koppen & Al 1 enspach Councilmember Kittridge moved to orouosed Ramer The property owner, Ramsey County, shall do the following: 1. Repeat this review in two years if the city has not issued a bui 1 di ng p ermi t for this project. 2. Before getting a, building permit, the applicant shall provide the following for staff approval: a. A grading, drainage, utility and erosion control plan. b. A sidewalk /trail plan for the extension and connection to the Gateway Trail. .;c. A revised site plan showing the handicap parking next to the front sidewalk. 3. Complete the following before occupying the building: a. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the building and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. b. Install all required landscaping. An in- ground lawn irrigation system is not required since there are county maintenance personnel on site to water landscaped areas. c. Construct, maintain & plow the sidewalk /trail extension and connection along White Bear Avenue. d. Screen any roof -top mechanical equipment that would be visible from the Ramsey Nursing Home. Any other roof -top units that are visible from any other direction 1 -25 -99 10 must be painted to match the building. r e. The screening mentioned in 3.a. and d. shall be subject to staff approval. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 of the cost of the unfinished work. C. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development ma approve minor changes. y Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach. Kittridge, Carlson & Mayor Rossbach Nays - Councilmember Koppen D OE NONE J. UNFINI.SNFD BUSINESS NONE K. NEW B!1_S TNF�� NONE L . VISITOR PRF TTnN4Z NONE H. COUNT PRES NTAT'TQNS NONE E. PRESE&TAILONS NONE Q . AD.IO 1RN M rouncilmember Carlson motioned to adjourn the meeting at 12:42 p.m. 1 -25 -99 11 Attachment 5 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Maplewood city staff initiated a revision to the conditional use permit for the Ramsey County Family Service Center. WHEREAS, this permit applies to the facility at 2001 Van Dyke Street that is northeast of the Ramsey Nursing Home. The legal description is: SUBJ TO AVE THE W 620 FT OF N 435 FT OF SW 1/4 AND W 620 FT OF S 235 8/10 FT OF NW 1/4 ALSO N 52 FT OF S 287 8/10 FT OF W 160 05/100 SD NW 1/4 ALL IN SEC 14 TN 29 RN 22 LIZ, I01 S U BJ TO AYES AND ESMTS AND EX W 620 FT OF N 438 FT THE W 810 FT OF N Y2 OF SW 1/4 OF SEC 14 TN 29 RN 22 WHEREAS, the history of this conditional use permit is as follows: 1. On January 25,, 1999, the city council held a public hearing. City staff published a notice in the paper and seat notices, to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The city council approved the conditional use permit for this facility at this meeting, subject to several conditions. 2. On August 27, 2001, the city council held a public hearing to consider a change to the conditions of approval for the conditional use permit. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, grater or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 12 50 The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. ,Approval is subject to the following revised conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The county shall add more parking to the site if the city council deems it necessary. 56. There shall be no increase in size or capacity of the structure. 67. The County shall assume financial responsibility for all services provided to the residents of the Shelter that would normally be charged to the citizens (Example: Ambulance and paramedic runs) 78-. All elements of the listed Emergency Housing Program Parameters shall remain in force unless a change is agreed to by the City Council at a subsequent CUP review. 13 _1 111 PVW SIR - - - - - - • • • • t • - P M o - - I ON NOV. - A _ - - - - . • • - - - - _ 8. Ramsev Countv agrees to spend at least $70,000 on improvements to the county fairgrounds and campus such as new lighting, gn plan, a pedestrian /traffic safety plan and staff /consultant time for working on wants for the restoration of the county barn. All such plans or improvements shall be reviewed and approved by city staff. Ramsey County also shall donate $70,000 to Maplewood for building repair or improvements at the Bruentrup farm at 2170 County Road D. The County shall make this payment to Maplewood by October 1, 2001, unless the city council agrees to a Brno extension. 94f. Parking spaces on the North side of the designated East - West Van Dyke Ave. Shall be redesigned in accordance with the concerns of the Fair Board in the use of this area. The new layout shall meet the approval of the fair Board and the City. Each year at a prearranged time before and during fair week, all these new parking areas shall be evacuated from the use of the fair board at their discretion, if the use of these is to be an advantage to them. •_ 101-3. if at any time, the City Council determines there is a need, the County will contract for, or provide from their own staff, security patrols in the complex bounded by the Willard Munger Trail, White Bear Avenue, Ripley Street, and the Goodrich Golf course. Times and extent of the patrol will be established at that point in time. 11 This Conditional Use Permit will be reviewed annually, and if in the opinion of the City Council, any evidence of negative repercussion to the area, or valid reason that the facility has caused undue hardship to the residents, the city may revoke the Conditional Use Permit with no financial obligation to the city, and the normal amortization process would not apply. The County would then have one hundred and twenty (120) days to cease operations as a homeless shelter and devote the structure to an acceptable planned backup use such as elderly care. 1246. Ramsey County shall be responsible for the maintenance and plowing on the sidewalk along White Bear Avenue from the County facilities to the Gateway Trail. The Maplewood City Council approved this resolution on - _, 2001. 14 Agenda # MEMORANDUM TO: City Manager Action by Council FROM: Shann Finwall, Associate Planner Date SUBJECT: Farm Zoning Endorsed APPLICANT: City of Maplewood odifled DATE: August 20, 2001 INTRODUCTION On June 18, 2001, the planning commission directed staff to research possible code amendments to the farm residence zone. The proposed changes were prompted by a request by Paul Schlomka of 2511 Carver Avenue for the following land use permits associated with a landscaping business: 1. A home occupation license to operate a landscape business from residential property. 2. A conditional use permit (CUP) to build a pole barn larger and taller than the code allows. Mr. Schlomka's proposed pole barn would be 4,224 square feet in area and 18.5 feet in height. Section 36 -77 of the city code allows a maximum of 1,250 square feet of combined garage area with a maximum height of 16 feet. Mr. Schlomka presently has an existing 714 square foot detached garage on his property. The code, therefore, would allow an additional 536 square feet of garage area. The proposed pole barn would be 3,688 square feet larger and 2.5 feet taller than the code allows. (The code does not limit the number of garages allowed on a residential lot, only the total area.) 3. A CUP to store heavy commercial vehicles and equipment on residential property. Section 36 -52 of the city code requires a CUP to keep commercial vehicles on a residential lot that exceeds a one -ton carrying capacity. Mr. Schlomka has several commercial vehicles and equipment associated with his business. These include two pickup trucks, one bobcat, one backhoe, one bulldozer, one front -end loader, one dump truck, and two trailers. Background A majority of the planning commissioners felt that Mr. Schlomka's proposed landscaping business was similar to a farming business because of the types of commercial vehicles and equipment used in both businesses. Mr. Schlomka's proposal was felt to be a reasonable use of the property considering the lot size of 4.34 acres, lot location adjacent 1-494, and the construction of a pole barn in which to store the commercial vehicles and equipment. The planning commissioners stated, however, that the business did not meet the spirit and intent of the city's home occupation Ordinance, which was designed to allow small businesses to operate out of residential homes, and not intended for a business with commercial vehicles (see June 18, 2001, planning commission minutes on .page 11). For these reasons an amendment to the farm residence zone was suggested as a way to allow property owners an economical use of their land by permitting businesses other than farming within the farm residence zone. Mr. Schlomka has agreed to delay his land use requests until the city council has reviewed the proposed changes to the farm residence zone. Request Staff is requesting an amendment to the city code to permit a landscaping business or similar businesses in a farm residence zone with a conditional use permit. DISCUSSION Farm Zoning Within the City of Maplewood there are 407 parcels of farm -zoned land that are used for residential purposes, totaling 690 acres. This amount does not include other non - residential farm -zoned property including the Bailey Nursery site, churches, parks, open space, and golf courses. The average parcel size within the residentially used farm zone is 1.88 acres. Uses permitted within the farm zone include: 1) single family houses; 2) commercial farmincLor gardening, including the use or storage of associated equipment 3) commercial greenhouses or nurseries and 4) stands for the sale of agricultural products produced on the premises (Attachment 1). Within all residentially zoned land, including farm -zoned land, heavy commercial vehicles (greater than 1 ton payload rating) are allowed with a conditional use permit. The exceptions to this rule, as stated above, are commercial vehicles used for commercial farming or gardening that are stored on farm -zoned land. The code does not specify the size, number, or required storage location for the commercial vehicles when used for farming. Other than the Bailey Nursery site located on the southern end of Maplewood, there are no commercial farms or greenhouses within the city that are zoned farm. With a majority of the farm -zoned land having small parcel sizes (average 1.88 acres), the possibility that there will be future commercial farms within the city is minimal. However, the code does not specify a minimum lot size for farm use. A property owner with 1.88 acres of farm -zoned land could run a small farm or nursery and store any number of commercial vehicles and equipment on their property according to the ordinance. Much of the original, large parcels of farm -zoned property have been subdivided into smaller, single - family Lots. When this takes place the city's policy has been to rezone the property from farm to single dwelling residential. For this reason, farm -zoned property that is used for residential purposes is slowly being faded out. Attached find a map that breaks down the large farm -zoned parcels (greater than 4 acres) from the remaining farm -zoned land within the city (Attachment 2). There are a total of 35 parcels that are 4 or more acres in size. The largest farm zoned lot, excluding non - residential lots as specified above, is the Hajicek site at the north end of the city (80- acres). The Hajiceks are selling their land for development. When this happens the land will be rezoned. The remaining large farm -zoned parcels are found on the southern end of the city. There is a strong likelihood that these parcels will remain as large lots zoned farm because of the absence of sanitary sewer in this area. Paul Schlomka's property is 4.34 acres in area and is located on the southern end of the city. During the May 28, 2001, planning commission meeting there was consensus from the commissioners that a landscape -type business on a lot the size of Mr. Schlomka's lot would not create negative impacts to surrounding residential properties if the proper conditions were in place. For this reason, the city should focus proposed changes to the farm zone ordinance on lots of 4 acres or larger. As a result, the proposed ordinance change would mostly affect the southern tip of the city, where the population is less dense and the lots are larger. Farm Zone Amendment 2 August 20 2001 Farm Zone Comparisons Five other cities' farm zones were researched including Cottage Grove, Hugo, Inver Grove Heights, Lake Elmo, and Woodbury. The areas examined were the minimum lot size, permitted and conditional uses, and accessory structures (Attachment 3). Uses Allowed: The permitted uses within all five cities' farm zones were generally agricultural and greenhouse uses, similar to Maplewood. Both Hugo and Lake Elmo found that much of their farm -zoned property was not being farmed because of smaller parcel sizes and economics. In response to this, these cities allow other types of businesses within the farm Zone in order to allow the property owners an economical use of their property. Hugo allows home occupations to be conducted within an accessory structure with a conditional use permit if it meets the following criteria: must be within a farm zone; no exterior storage; cannot :generate more than 10 vehicle trips per day; only one employee allowed besides family members living on site; cannot produce noise, odor, smoke, glare, or waste. Lake Elmo allows what they term "low- impact non - agricultural uses" with a conditional use permit. Low - impact non- agricultural uses are defined as the outdoor storage of cars, trucks, boats, trailers, recreational vehicles, recreational equipment, and other vehicles or mobile equipment under 26,000 tare weight. These uses can take up only 4 percent of a 40 -acre parcel. Accessory Structures Allowed: The largest size and number of accessory structures allowed within the comparable cities is Hugo. Hugo allows up to three accessory structures with a combined square footage of 3,600 square feet if a lot is over 10 acres. The smallest size and number of accessory structures allowed in the comparable cities is Lake Elmo. Lake Elmo allows one accessory structure up to 1,000 square feet for lots under 10 acres and two accessory structures up to 2,000 square feet for lots 10 acres or larger. Maplewood's accessory structure ordinance is based on the size of the lot (Attachment 4). On a lot of 42,000 square feet or larger, the maximum size of detached accessory structures is 1,250 square feet. This square footage can be comprised of one, 1,250 square foot detached accessory structure, or a combination of detached accessory structures. Also, for lots that are 42,000 square feet or larger, there is an additional 1,000 square feet allowed for what is termed "all other buildings." This means that a property owner could have a 1,250 square foot "garage" and a 1,000 square foot "storage shed." The difference in the two structures would be the existence of garage doors. In addition to the detached accessory structures allowed on a lot of this size, the combination of detached and attached accessory structures can equal 2,500 square feet (combination of 1,250 s.f. detached and 1,250 s.f. attached). Maplewood allows pole barns in the farm zone. Cottage Grove and Inver Grove Heights are the only comparable cities that allow pole barns within their farm Zone. In Maplewood, the size of the pole barn is limited to the accessory structure ordinance as stated above. Any size over that allowed by the ordinance can only be constructed with a conditional use permit, as is the case with Mr. Schlomka's request for a 4,224 square foot pole barn. Proposed Code Changes As seen in Hugo and Lake Elmo, the City of Maplewood has existing farm -zoned land that is not being used for farming or nurseries. The city should make accommodations for these property owners to enable them an economical use of their farm -zoned land, while ensuring that Farm Zone Amendment 3 August 20 2001 surrounding properties are protected with strict controls and regulations of the nonagricultural uses. The planning commissioners agreed that Mr. Schlomka's proposed landscaping business would not have a negative impact on surrounding residential properties mainly because of the large lot size of 4.34 acres. Therefore, staff recommends allowing a landscaping business, and other similar types of businesses, with a conditional use permit within the farm zone on property of 4 or more acres The city should consider the following when reviewing such requests: Storage of Equipment: With a landscape -type business comes commercial vehicles and equipment. Other items that may be stored on the site are landscaping materials such as soil, rock, wood chips, etc. The city should ensure that all of these items are stored indoors, out of the sight of adjacent property owners. Any amendment to the farm zone code to allow landscape -type businesses should specify that the business must be conducted solely within the house or an accessory structure, with no exterior storage allowed. Size of Accessory Structure: Maplewood currently has a fairly lenient accessory structure ordinance. Basing the size of allowable accessory structures on the size of the lot is a fair system, as the larger the lot, the less likely a large structure will pose a negative impact on surrounding properties. Having a maximum size of one accessory structure limited to 1,250 square feet for larger lots is a way for the city to protect surrounding residential properties. For example, the larger the accessory structure, the more likely larger items, such as commercial vehicles, will be stored in them and the more likely the structure will be used for a commercial venture. Requiring conditional use permits for larger accessory structures is a mechanism for the city to control the storage and use conducted in the structure. As you will recall, Mr. Schlomka originally applied for a conditional use permit to construct a 4,224 square foot pole barn. It was during staff's review of his original request that the landscape business and commercial vehicles were discovered. For these reasons, staff feels that the accessory structure ordinance should remain as is, and no accommodations for larger accessory structures on lots over 42,000 square feet should be made at this time. Setback of Accessory Structure: The city's code specifies greater setback requirements for businesses that abut residential property. Staff feels that these setback requirements should also apply to an accessory structure used for a landscape -type business within the farm zone. The code bases the setback on the exterior wall area, ranging from 50 to 100 feet (Attachment 5). Accessory structures for a landscape -type business would more than likely fall into the wall area category of 0 to 1,999 square feet, and must therefore maintain at least a 50 -foot setback to residential property. When farm -zone property is adjacent commercial, the accessory structure ordinance should apply and allow for a 5 -foot rear or side yard setback. Number and Storage of Commercial Vehicles: Mr. Schlomka is requesting permission to store two pickup trucks, one bobcat, one backhoe, one bulldozer, one front -end loader, one dump truck, and two trailers for his landscaping business. The city's farm zone does not restrict the number of commercial vehicles or equipment allowed for commercial farms or nurseries. Since the comparison has been made Farm Zone Amendment 4 August 20 2001 that a landscape -type business is similar to a farm or nursery, commercial vehicles and equipment for this type of business should not be restricted either. Mr. Schlomka is also requesting a larger accessory structure in which to store all of his commercial vehicles to ensure that they are out of sight of the neighbors. Any code amendments to the farm zone should also specify that all commercial vehicles and equipment associated with this type of business must be stored in an accessory structure. Screening and .Lighting: When a business is adjacent residential property, the city's code specifies a 20 -foot screening buffer and lighting limited to 0.4 foot- candles at the adjacent residential property. The screening buffer includes one or a combination of the following: a 6 -foot high screening fence, a planting screen, and a berm. The screening requirements can be waived if the topography, existing vegetation, or other barriers create an adequate screen. Staff feels that both of these screening and lighting requirements apply to an accessory structure used for a landscape -type business within the farm zone as well. Employees: A landscape -type business within farm -zoned property should meet the employee requirements specified in the city's home occupation ordinance. The ordinance states that no more than one no employee shall be allowed to work on the premises. A nonresident employee who works off- premises may be allowed to visit the premises to pick up equipment. Hours of Operation and Noise: A landscape -type business has the possibility of creating unacceptable noise levels for adjacent property owners with commercial vehicles warming up early in the morning or being repaired late in the evening. For this reason, the city should specify the hours of operation for this type of business and be diligent in its enforcement. Staff recommends following the city's noise ordinance, which specifies no disturbing or loud noises between the hours of 7 p.m. to 7 a.m., Monday through Saturday, and all day Sunday. COMMITTEE ACTION At the August 6, 2001, planning commission meeting, the planning commission recommended approval of the proposed farm zone amendment. RECOMMENDATION Approval of the ordinance amendment in order to allow landscaping and other similar businesses in the farm zone with a conditional use permit. Rordlfarm zone amend Attachments: 1. Farm Zone Ordinance 2. Farm Zone Map 3. Comparison of Farm Zoning 4. .Accessory Structure Ordinance 5. Setbacks Required for Business Adjacent Residential 6. Minutes of the June 16, 2001, Planning Commission Meeting 7. Minutes of the August 6, 2001, Planning Commission Meeting 8. Ordinance Amending the Farm Residence District Farm Zone Amendment 5 August 20 2001 ATTACHMENT 1 FARM ZONE ORDINANC § 36-51 1V APLEWOOD COD1; DIVISION 2. F FARM RESIDENCE DISTRICT* Sec. 36 -51. Permitted uses. The only uses permitted in. a F, Farm Residence District arc: (1) Any uses permitted in the R -1 Residence District subject to its regulations. (2) Commercial farming or gardening, including the use storage of associated equipment. (3) Commercial greenhouses or nurseries. (4) Stands for the sale of agricultural products produced on the premises. (Ord. No. 627, § 2, 6- 27 -88; Ord. No. 687, § 1, 5- 13 -91) Sec. 36 -52. Conditional uses. The following uses may be permitted by conditional use permit: (1) Any use allowed by conditional use in the R -1 Residence District, except that equipment used for on -site farming shall be a permitted use. (2) Livestock raising and handling. (3) Manufactured home park. (4) Golf course. (Orel. No. 627, § 2 6- 27 -88) Secs. 36- 53- 36 -65. Reserved. *Editor's note -- Section 2 of Orel. No. 627, adtilAed June 27, 1988. aine:ruied Art. 11, Div. 2 in its entirety to read as seL out herein. Formerly, Div. 2, contained §§ 36 -51 wul 36 -52, wtiic:h pertained to permitted uses and automatic rezoning or liketting in this di.-Arict and derived from Code 1965, §§ 903.010.912.020; Ord. No. 4:31, § 1, adopted Oct. 27, 1977; and Ord. No. 493, § 1. adopted Nov. 20. 1980. SU, No. 12 2222 6 ATTACHMENT 2 City of Maplewood Farm Zoning (Residential) Farm Zoned Property - 4 or More Acres (35 Parcels) � Farm Zoned Property -Less than 4 Acres (372 Parcels) Paul Schlomka's L COMPARISON OF FARM ZONING Attachment 3 - - - - - - - - - - - - - - #V I�fI�V1�UM: - - - - - - - - - - - - - - ....................... Yus: AO SSORY -S ' UC ........ ....................... :C � �C: .............. :LOT:S E: PERMITTED CIS €�S. :CO�M�ITIO�NAL:USES: :SIZE �S:� # :P�LE:BAf��S Cottage Grove 1 -1/2 acres Agricultural/ Stables and kennels 2 2 Yes feedlots if located at least 300' from adjacent dwelling Hugo 10 acres Agricultural/ 1 No horticultural or one structure nursery stock 2 -3 2 Home occupations Home occupations combined (if not in an access. (if in an access. (< 10 acres) structure, not more structure, no exterior than one 9,200 storage, can't generate 3 3 g.v.w. truck) more than 10 vehicle combined trips per day) (10 > acres) Inver Grove Heights 10 acres Agricultural/ Stables and kennels 1 1 Yes, with greenhouses or (< 5 acres) CUP nurseries 2,400 2 (5 > acres) Lake Elmo 40 acres Agricultural/ Greenhouse, stable, 1 2 No horticultural kennel, commercial (< 10 acres) recreation 2,000 2 Non- agricultural low- (10 > acres) impact uses: storage of vehicles under 26,000 tare weight (limited to 4% of 40- .acre parcel) Maplewood 10,000 s.f. Agricultural/ Heavy commercial 786 -1,250 no Yes greenhouse/ vehicles - except if one structure limit nursery used for on -site (< 1 acre) farming 1 -2 combined (< 1 acre) 1,250 one structure (> 1 acre) 2 combined (> 1 acre) Woodbury 5 acres Agricultural - only Compatible use 2 2 No if pre - existing as determined by city council ATTACHMENT 4 ACCESS. STRUCTURE ORDINAN( Sec. 36 -77. Accessory buildings. (a) The areas of accessory buildings on a lot shall be limited to the areas in the following table: (4) (2) (3) Combination Detached Attached of detached (1) bldgs. without garages and attached Lot area an attached without garage* (sq. ft.) garage bldgs. buildings Under 8,000 786 768 1 8,000 - 11 1 1 1,420 12,000 - 15,999 1 1 1,480 16 - 20 1 1 1,660 21 41 1,250 1 1,850 42,000+ 1,250 (garages) 1,250 2,500 1,000 (all other bldgs.) *The total area of all detached accessory buildings shall not ex- ceed the areas in column (2). The total of all attached garages shall not exceed the areas in column (3). (b) A P rivate garage shall not exceed sixteen (16) feet in height as viewed from the street. (c) The city council may approve an increase in height or area b conditional use permit. however, the maximuin area of ally y one building shall not exceed the maximum area allowed for an attached ara a in subsection Wand the Height shall not exceed g g the height of the house. (d) Detached garages shall not include living space. No corn - mercial use of a garage shall occur unless authorized by the city council. (Ord. No. 621, § 2 1 2- 22 -88; Ord. No. 636, § 1, 11- 11 -88; Ord. No. 645 § i 6-22 -89) V%It1NN Nn in 22 9 ATTACHMENT 5 SETBACKS REQUIRED FOR BUSINESS ADJACENT RESIDENTI/ Sec. 36 -28. Additional design standards. (a) All construction and landscaping shall comply with the ply i approved by the city. ' (f) Construct all buildings, except single- and two - family homes, with the following; minimum setbacks: a. Thirty (30) feet from a street right -of -way. b. Fifty (50) feet from a residential lot line. This setback shall be increased up to one hundred (100) feet based on the more restrictive of the following requirements: 1. Building height: The building setbacks shall be increased two (2) feet for each one (1) foot the building exceeds twenty -five (25) feet in height. 2. Exterior wall area: where an exterior wall faces a residentially zoned property, the wall setback from the residential lot line shell be as follows: Minimum Setback Wall Area (square feet) (feet) 0-1999 50 2000- --2999 75 3000 or more 100 (7) The city council may approve a conditional use permit to allow an addition within a required setback if: a. The required findings in section 36 -442 for a condi- tional use permit are met. b. The setback would be consistent with the setbacks for surrounding properties. C. At least eighty (80) percent of the addition would be screened from property that is used or shown on the city's land use plan for residential use. 10 ATTACHMENT 6 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, 'MINNESOTA MONDAY, JUNE 18, 2001 VI. NEW BUSINESS A. Schlomka Landscaping Inc. (2511 Carver Avenue Conditional Use Permit — Oversized Acces_ry Structure Conditional Use Permit — Commercial Vehicles and Equipment Home Occupation License Shann Finwall gave the staff presentation. She stated Paul Schlomka of 2511 Carver Avenue is requesting a conditional use permit to build a pole barn larger and taller than code allows; a home occupation license to operate a landscaping business from residential property; and a conditional use permit to store heavy commercial vehicles and equipment on residential property. She stated Mr. Schlomka's property is zoned farm residence, as are the surrounding properties. Within this zoning district pole barns are allowed. The size of the pole barn is based on the size of the lot. In this case, Mr. Schlomka has a five -acre lot and is limited to a 1,250 square foot pole barn at 16 -feet in height. Mr. Schlomka's proposed pole barn would be 4,234 square feet in area and 18.5 feet in height. Within the farm residence zoning district, commercial farming or gardening is allowed. However, Mr. Schlomka runs a landscaping business, which requires the storage of heavy commercial vehicles. Therefore, a home occupation license is required as well as a conditional use permit for the storage of the heavy commercial vehicles, which will be used within the business and stored on this residential property. Ms. Finwall stated that Mr. Schlomka noted that his pole barn will be similar to a pole barn that was constructed at 2405 Carver Avenue. The City Council did approve this 4,200 square foot pole barn in 1997. Mr. Schlomka feels that that pole barn is somewhat of a precedence for approving his request. Staff noted that the size and exterior materials will be similar, but Mr. Schlomka proposes his pole barn will be for business purposes and not the storage of personal equipment, which was the intent of the approved pole barn at 2405 Carver Avenue. The location of the proposed pole barn is well hidden. It will be located in a wooded area behind the house and screened from Interstate 494. Ms. Finwall stated that Mr. Schlomka will be the sole employee of this business, and no customers will be coming and going to the property. The Commercial Vehicles that would be stored within the proposed pole barn are two pick -up trucks, one bobcat, one backhoe, one bulldozer, one front -end loader, one dump truck, and two trailers. Staff is sympathetic with Mr. Schlomka as his business is his livelihood and relocation could cause financial hardship. Staff does however feel that this business within residentially zoned property could lead to future code enforcement problems. Furthermore, the home occupation request does not meet the intent of the city's home occupation guidelines. It will generate a greater volume of traffic than is normally seen in a residential neighborhood, the area devoted by the home occupation does exceed the 20% allowed, and the equipment used in the home occupation would create noise, dust, and vibration not normally seen within a residential neighborhood. Based on these findings, staff recommends denial of all three requests. Commissioner Frost asked if the pole barn's size is based on the lot size of the property. Ms. Finwall stated that the largest pole barn allowed in Maplewood is 1,250 square feet. Mr. Roberts stated that the sizes of the pole barns are based on a sliding scale of five sizes which is determined by lot size. A small lot of about 7,500 square feet is allowed a 700 square foot accessory building, and lots at one - acre or more are allowed 1,250 square feet of accessory buildings. This code has been on the books since about 1988. 11 Planning Commission Minutes of 06 -18 -01 Chairperson Fischer asked staff is this code has been Looked at recently. She recalled that the code was put into place because of the proliferation of home businesses that were the auto maintenance type. She also stated concerns regarding unsightly storage of items in peoples yards. It would be preferable to store unsightly items within an accessory building rather than in the yard area in sight of the neighbors. With that, she questioned if any effort has been made to look at the allowable garage sizes. Mr. Roberts indicated that staff has not received any directive from the Planning Commission, City Council or city management to review that code. He also stated that a factor in the amount of garage space allowed is whether there is a detached or attached garage to the main structure. If you have some attached and some detached, you are allowed more total square footage than if there is only detached garages. Commissioner Rossbach asked staff the size of Mr. Grand's property at 2405 Carver Avenue. Mr. Roberts stated that it was almost five acres. Commissioner Dierich questioned how Mr. Grand received approval for the 4,200 square foot pole barn in light of the fact that the ordinance was enacted in 1988. Commissioner Dierich felt that it was an inconsistent application of code and that perhaps another evaluation or discussion is warranted regarding our code on this issue. She also stated that there were four other businesses in that neighborhood besides Mr. Schlomka's that have heavy traffic. She also added that Mr. Grand does store heavy equipment similar to what Mr. Schlomka will be storing. Mr. Roberts stated that Mr. Grand received approval for a conditional use permit by the City Council. He added that there have been no complaints in reference to what he is storing in his pole building, therefore, there has been no investigation. Commissioner Dierich added that she felt Mr. Schlomka's business will not generate additional traffic or additional noise. The area is surrounded by small businesses using large vehicles, which generate noise and traffic. Commissioner Dierich strongly disagrees with the staff findings regarding the traffic. She stated that Mr. Schlomka is cone- person business. She also disagreed with the second finding regarding the visible changes to the property, she stated that Mr. Schlomka has improved his property. Regarding the noise and dust in the area, she stated that 1494 is very noisy already and that there are construction trucks rolling through every morning at 6:00 a.m. for the two developments further down the street. She also pointed out that there is a significant amount of Woodbury traffic in this neighborhood already. She stated that she felt that Mr. Schlomka did not meet city code home occupation requirement b)4 regarding the area allowed to be used for a home occupation. She also felt Mr. Schlomka did not meet code under Section 36 -442, Item a)1 regarding conformity with the city's comprehensive plan. Chairperson Fischer asked staff what was the thought of the City Council when they approved Mr. Grand's request to replace his damaged structure with a pole barn double in size. Mr. Roberts did not recall specifically. He did state that it was a situation where none of the neighbors were concerned about the size of the structure, and City Council was sympathetic with his request and granted approval. Commissioner Rossbach recalled that there were no objections and that Mr. Grand had the support of his neighbors. He feels that the Council found it attractive that Mr. Grand wanted to do something to clean up his yard by using the new pole barn for storage. 12 Planning Commission Minutes of 06 -18 -01 The applicant, Mr. Paul Schlomka, addressed the Commission. He stated that ideally he would prefer to have a piece of commercial property for his business. In his current position, however, he cannot afford it and that is why he is working out of his home. He stated that the property has been family owned since 1963 and virtually nothing has changed in that area. He stated that he would be willing to limit the time he leaves in the morning and when he returns and when he runs his equipment if that is an issue. He added that his secluded location next to a major interstate makes the site suitable for this type of building and business. Commissioner Trippler stated that if this application was granted approval, what is to prevent additional people from requesting oversized pole barns citing Mr. Grand's and Mr. Schlomka's applications as precedence. He asked staff if changing the zoning of the property to commercial would be possible. Mr..Roberts indicated that clearly that area is a large lot or farm type setting and felt that there may be opposition by members of the Commission to a zoning change. He added if the zoning was changed and then sold by Mr. Schlomka, the house might be removed and perhaps some undesirable development may occur there. Ms. Finwall added that would be considered a spot zoning, but a possible amendment to the city's farm residence district which would allow this type of business to be a permitted use might be a thought. Chairperson Fischer asked staff if someone was actually doing farming on this piece of property, wouldn't they also have similar types of heavy equipment. Mr. Roberts stated, yes that is possible. Commissioner Rossbach stated his issue is not about the equipment, it is about the home occupation and he stated that granting this application would set a terrible precedence. He stated that the spirit and intent of the home occupation ordinance is to allow small businesses to operate out of their home. It was not intended to have a big equipment situation. Chairperson Fischer asked if there was additional accessory building square footage allowed in a farm zone versus a R1 zone. Mr. Roberts indicated that pole barns are not allowed in R1 zones. The issue is the size of the pole barn requested, which is too large and too high. He added that the maximum size of a detached accessory building in a farm zone would be 1,250 square feet, which is for properties one -acres and higher. Commissioner Dierich asked staff if the conditional use permit for the heavy equipment would be transferred with the property, or would a new owner have to apply for a new conditional use permit to have heavy equipment on the property. Ms. Finwall stated that the conditional use permit would run with the land. However, Mr. Schlomka has agreed to make a condition that this conditional use permit would end with his ownership of the property. Mr. Roberts stated that if the City Council did approve this conditional use permit, they could set any. number of conditions, such as the number of pieces of equipment or hours of operation. Commissioner Rossbach asked the applicant about the doors on the pole barn. One of the neighbors had requested that the doors face the nest instead of the east. The staff report indicated that the doors would be moved to the south because of the concern over vandalism. Mr. Schlomka stated that if the garage doors were facing the freeway, it would be open to see what is inside of the garage. He stated that they have had vandalism problems in the past because of the seclusion. 13 Planning Commission Minutes of 06 -18 -01 Commissioner Pearson asked staff if a home occupation license would allow any retail or wholesale sales on this site. Ms. Finwall stated this home occupation could not have retail or wholesale. The home occupation that is before the commission is for a landscape contractor's office and storage. Commissioner Pearson stated that this use of the property seems to be right for the area. The neighbors are not opposing it, the noise from the highway is in excess of anything that would be generated from Mr. Schlomka's business, and additional traffic does not seem to be an issue. Commissioner Pearson stated that this request should be something that we could accommodate, but a home occupation license does not seem to be the right vehicle to get there. Mr. Roberts stated, as Ms. Finwall suggested, that a code amendment to the farm zone would be something to consider to accommodate this type of business, and /or similar businesses. Mr. Jay Libby, of 2591 Carver, a neighbor to the applicant, addressed the Commission. He stated that he fully supports Mr. Schlomka's proposal. He stated that there are only three residences in that area that would be affected by this proposal. He stated that with Interstate 494 adjacent to Mr Schlomka's property any additional noise that may be generated by Mr. Schlomka's business would be unnoticeable. Ms. Judy Schlomka, the owner of 2511 Carver, addressed the Commission. She stated that she has owned the property since 1963, and nothing has changed in the area. She stated that they have always had trucks and also have had race cars, and have never had any complaints. They have always taken pride in the ownership of their property and have always kept it neat and in order. Commissioner Mueller listed nine reasons why the Commission should allow the applicants proposal: 1) Due to Interstate 494, no extra noise will be added; 2) it is a wooded lot, and the structure will be built where it is not visible; 3) it is on a 5 -acre lot, the size of the pole barn is based on a 1 -acre lot; 4) it is zoned farm; 5) farming requires equipment; 6) farming is somewhat a home occupation; 7) a new owner would need to apply for a home occupation license; 8) conditions can be set on a CUP; and 9) all but one neighbor is in favor of this proposal. Commissioner Dierich stated that she lived in this neighborhood. She said that this is a very tight knit neighborhood and that the neighbors themselves would control much of what goes on there and would go directly to Mr. Schlomka if there was a problem. She stated that she felt that Mr. Schlomka is very aware of that and he has been a good neighbor for many years. She stated that she would not want to deprive someone of their livelihood because the Commission cannot find a way to make this conditional use permit amenable without setting precedence. She stated that the Commission needs to be more creative with their thinking in this situation. Commissioner Rossbach stated that looking at the farm zone might be advisable and perhaps combine some of the thoughts that Commissioner Mueller stated. He feels that using a home occupation licenses is not the intent of that ordinance. He suggested denying this application and asking staff to research what could be done to the farm zoning ordinance to make this type of situation allowable. Commissioner Ledvina stated that he would support the conditional use permit with specific conditions that tie the activity to the current property owner. He stated that he would have a problem with this CUP if we were giving a long -term approval for this use. For this specific situation, it does seem to make good sense that Mr. Schlomka is able to continue his operation and his livelihood. 14 Planning Commission Minutes of 06 -18 -01 Commissioner Rossbach asked if we could use the conditional use permit to allow the building and the storage of equipment, and not grant the home occupation license. He stated that Mr. Schlomka is not actually doing his business on his property, only storing the equipment. Mr. Roberts cited the home occupations code, 17-21A 5, states that "Home occupations shall require a license approval by the city council if any of the following occur more than 30 -days each year." Mr. Roberts stated that of the six, number 5 states "a vehicle or vehicles used in the home occupation and parked on the premises which exceeds a 3 / ton payload capacity." Mr. Roberts stated that this is one of the reasons that Mr. Schlomka is required to have a home occupation license. If the farm code was amended, to say that a landscape business or similar type business was either permitted or a conditional use, then that would supercede the home occupation requirements. Chairperson Fischer asked if the present code exclude farm operation from having to have a home occupation permit. Mr. Roberts stated that the code does not specifically state that, but the farm code permitted uses include commercial farming or gardening, including the use or storage of associated equipment. He stated that farming is a permitted use, and overrides the home occupation requirements. Commissioner Trippler asked staff if the applicant decided to start farming could he drop the home occupation. Mr. Roberts indicated that yes, as long as he was farming. Commissioner Trippler asked what the size requirement of the land farmed would have to be. Mr. Roberts indicated that the code is silent on the size requirements. Commissioner Trippler asked if growing sod would be considered a farming operation. Mr. Roberts indicated that yes, it would be. Commissioner Pearson asked if procedurally, would it be better to lay this application on the table and give staff and the applicant time to come back with a different zoning request. Ms. Finwall stated that staff could take some time to look at the existing farm zoning, the size of the lots in. much of the zoning district, and make a determination on allowing this type of business as either a permitted use or a conditional use within the farm zoning district. With that option, staff would request the applicant to sign a waiver giving up his sixty -day rights as required by the city to make a determination on this application. It could be tabled for possibly a month to review this option. Commissioner Rossbach stated that if we were to explore changing the farm zone, that we may not want to approach it under the thought that landscaping businesses would be a permitted use in that zone. We should look at it as permitting the storage of larger equipment on farm zoned property and also escalating the building size scale so that a five -acre lot would be allowed a larger type storage building than a one -acre lot. Mr. Roberts stated that reviewing this change may take up to three or four months. Commissioner Rossbach moved that the Planning Commission table the consideration of home occupation and conditional use permits for Mr. Schlomka's application for approximately four weeks to allow staff time to research additional options of amending the farm residential zone to allow larger pole barns beyond the one -acre size limitation, to allow the storage of more commercially oriented equipment on property zoned farm and also to consider what type of screen that would be appropriate if a larger building were allowed on the property. Also, setbacks should be looked at. Staff should also explore and clarify the permitted uses or conditional uses that would be allowable in the farm zone. If heavy equipment is being allowed, it should be housed and specific hours of use should be reviewed. Commissioner Frost seconded the motion. Ayes — All 15 Planning Commission Minutes 8-6 -2001 ATTACHMENT 7 UNAPPROVED - DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 6, 2001 6. b. Code Amendment — F (Farm Residence) District Ms. Finwall stated that on June 18, 2001, the planning commission directed staff to research possible code amendments to. the cities farm zone. The proposed changes were prompted by Paul Schlomka's request for a home Occupation license to conduct a landscaping business from his farm zone property at 2511 Carver Avenue. This request included two conditional use permits that were associated with the business (One for a 4,224 square foot pole barn and one for the storage of commercial vehicles on residential property). Mr. Schlomka has agreed to delay his request until staffs research into possible farm -zone code changes is complete. Staff does not propose any changes to Maplewood's accessory structure ordinance, but does propose a change to the farm zone ordinance to allow landscaping or similar business with a conditional use permit within the farm zone on property of 4 or more acres. The conditional use permit would be subject to the following: a. No exterior storage of commercial vehicles, equipment, or material associated with the business. Storage of these items must be in an approved accessory structure, which must comply with the strict setback requirements of commercial buildings adjacent residential property, which specify a minimum setback of 50 feet. 1. The accessory structure and any other areas of the lot, which are associated with the business, must comply with the landscaping and screening requirements of commercial buildings adjacent residential property. b. No more than one (1) nonresident employee shall be allowed to work on the premises. C. The hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. Ms. Finwall noted that Commissioner Ledvina, who is excused from tonight's meeting, expressed a concern that an individual property owner could acquire a conditional use permit for such a business on a property that is 4 acres, and then want to subdivide the property at a later time and not have the required acreage for the business. Ms. Finwall noted that all subdivisions must be approved by the city and no subdivision could take place unless the property owner with this type of landscaping business applied for and received a variance from the strict 4 -acre size lot required for this type of business, or the business would have to close. Commissioner Frost asked for clarification on staff's proposed changes to the accessory structure ordinance. Ms. Finwall replied staff is not proposing any changes to the cities accessory structure ordinance. 16 Planning Commission Minutes 8-6 -2001 Commissioner Dierich asked for clarification on staff's recommendation for the minimum to size for this type of business. Ms. Finwall replied that for a business such as this staff is recommending that the lot size be a minimum of 4 acres. Commissioner Dierich asked if that include things like easements that may run through the property. Ms. Finwall replied that is correct. Commissioner Dierich stated that she is uncomfortable with that because she would like to see the easements excluded because the person can't really use that land even though they own it. There is a lot of property in that southern portion of the city that there are easements on and that would make those properties less than 4 acres. Mr. Roberts replied that one thing those easements do is to make those lots more difficult to subdivide and also it creates space between homes and structures. Commissioner Trippler asked how staff decided that 4 acres was the cutoff. Ms. Finwall stated that since most of the Planning Commissioners felt that what Mr. Schlomka was proposing for his lot was reasonable, but were uncomfortable allowing it with a home occupation, Mr. Schlomka's lot at 4.34 acres was used as a guide. Commissioner. Pearson stated you have to set a line someplace. Below that line it would be up to that applicant to apply for a variance which the city can weigh the validity of that application. Commissioner Trippler stated nothing in. this really changes the 2,500 square feet of building structure regardless if it is 4 acres or 12 acres. He was under the impression that we were asking staff to come up with some kind of a recommendation on sizing the accessory structures more to the lot sizes. On a 1 -acre plot of land a 2,500 square foot building takes up 5.7% of that total acreage. Chairperson Fischer clarified that the city would look not only at the size of the building but also at the number of acres that the applicant had when reviewing a conditional use permit for a larger accessory structure. Mr. Roberts stated that it would be part of the conditional use permit review. Because clearly you would like to think there would be more options of where that building could fit on a 5 -acre parcel verses a 1 -acre parcel and what they could do for setbacks and the impact on them. Commissioner Dierich asked Mr. Roberts to explain the setback of accessory structures she is not clear on that language. Does that mean that the front of the accessory structure has to be behind the residence. Ms. Finwall answered that staff is proposing that the accessory structure meet the setback requirements for a commercial building when adjacent to residential property. This code now states that the commercial has to be at least 50 feet from a residential property line. The accessory structure ordinance also requires that an accessory structure be placed behind the residential building itself. 17 Planning Commission Minutes 8-6 -2001 Commissioner Dierich says that clarifies things for .her. Commissioner Frost asks what the setbacks are for a building next to a right -of -way. Ms. Finwall answered that in the farm zone the front yard setback is 30 feet from the front property line and if it was on a corner lot it would be 30 feet for the side line adjacent a right -of- way as well. Commissioner Pearson thanked the staff for the work they have done on this and also to Mr. Schlomka for allowing the city additional time to come to this type of proposal. Commissioner Pearson moved approval ' of the ordinance amendment in order to allow landscaping and other similar businesses in the farm zone with a conditional use permit with the conditions as specified by staff. Commissioner Frost seconded the motion. Motion carried. Ayes —All 18 ORDINANCE NO. _ AN ORDINANCE AMENDING THE FARM RESIDENCE DISTRICT Attachment 8 The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment adds subdivision (5) to Section 36 -52 (Farm Residence District Conditional Uses) (additions are underlined): Section 36 -52. Conditional uses. The following uses may be permitted by conditional use permit: As an accessory use to residential property, a landscaping business, or any Other similar use that is determined to be the same general Character as a lands ca a business if on a parcel of land which is four 4 acres or larger. Where there is a ciuestion concerninq the appropriateness of a similar use as a conditional use within the farm residence district, the planning commission shall review the question and forward a recommendation to the cit council for final determination. The landscaping business must meet the findings for a conditional use permit as well as the following: a. No exterior storage of commercial vehicles, equipment, or material associated with the business. Storage of these items must be in an approved accessory structure which meets the findings below: 1 The accessory structure .must meet the size and height requirements as specified in Section 36 -77 (Accessory Structures). 2. When adjacent a residential lot the access0 structure must com ly with the setback requirements specified in Section 36-28(c)M(b) dditional Design Standards). When adjacent to a commercial lot, the accessory structure must Comply with Section 36 -71 and 36 -72 (Residential Side and Rear Setbacks for Accessory Structures). 3. When adjacent a residential lot, the accessory structure, and other areas of the lot where deemed necessary, shall comply with Section 36- 27(a), (b), (c), and (d) (Landscaping and Screening). b. No more than one (1) nonresident employee shall be allowed to work on the Premise. C. The hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on , 2001. Mayor Attest: City Clerk Ayes - Nays — 19 i Agenda ge da # MEMORANDUM TO: City Manager L FROM: Shann Finwall, Associate Planner Modified ON SUBJECT: Voting Requirements for Zoning Ordinance Amendments Ma es DATE: ,August 20, 2001 INTRODUCTION At the June 25, 2001, city council meeting, staff discussed the changes made by the 2001 Legislature to Minnesota's planning and enabling law. As you recall, the Legislature amended the voting requirements for zoning code amendments and zoning map changes. The amended law went into effect May 30, 2001, and takes precedence over the .city's current zoning ordinance. As a housekeeping measure, and to comply with the new state requirements, staff is proposing a zoning code amendment. BACKGROUND The City's Zoning Code, Article VI I, Section 36-484 states that the city council may adopt and amend the city's zoning ordinance or map by a two- thirds majority vote of all its members. To summarize, Maplewood's city council would have to vote at least 4 to 1 in favor of a requested amendment to a zoning ordinance or change to the zoning map for approval. This section of the zoning ordinance is mandated by Minnesota's planning and enabling law (Section 2000, Chapter 462) which gives municipalities the power to conduct and implement municipal planning. During the 2001 Minnesota Legislative Session, the Builders' Association of Minnesota (BAM) and the Minnesota Association of Realtors (MAR) requested changes to the above - mentioned law. The BAM and MAR proposed changes to building code interpretation, plan review fees, and zoning ordinances. These changes were proposed in an attempt to reduce market barriers to building more affordable homes. The changes were adopted by the Legislature and signed into law by the Governor. A section of the new law affects the voting requirements for zoning ordinance amendments and zoning map changes. Minnesota Statutes 2000, section 462.357, subdivision 2 (attached) was amended to require a majority vote (at least 3 out of 5 in favor) of all governing body members for amendments to zoning ordinances or changes to zoning maps. An exception to this requirement is the adoption or amendment of any portion of a zoning ordinance that changes all or part of the existing classification of a zoning district from residential to commercial or industrial. In this case, the governing body must have a two- thirds majority vote (at least 4 out of 5 in favor) of all its members. COMMITTEE ACTION The Planning Commission unanimously recommended approval of the ordinance amendment at the August 6, 2001, planning commission meeting. RECOMMENDATION Approve the proposed ordinance amendment on page 8. This amendment changes the voting requirements for zoning code amendments and zoning map changes. Attachments: 1. Minnesota Statutes 2000, section 462.357, subdivision 2 2. Ordinance Amending the Amendments and Changes Article • ' \` ATTAGHMEN 1 cA db -cc Tor • F OCA % 0 �\0 I ZOA n� r '' . - tQiststurt l�aa*� � gterbh [ NeE�. � Links t,o the nneso world Hous -f .ep r esen ta tives LLM = v!e` = old language to be removed un ear or b = new Language to be added NOM: if y c MeT any difference in the key above, you need to char • ancyor underscored lan - e the d�sx�l of stricken gua�e. Author's and Status U List versions H. F x'0.13 10, 4th n gr ment� 82nd tslat" i ve Session ( posted on a .3, 2001 2.1 A bill l - ` 1 for an act relating to construction; giving the state bu�ldin 1.3 official final. authorit for inte 1 . 4 Building Code and prescribing y rpreting the Sta te 1.5 its enforcement; Z•6 regulating construction related fees; requiring municipalities to submit annual 1.7 construction-related fees • a , reports on i.e � providi for adoption of 2 .9 certain amendments to the mechanical code; limiting certa�.n municipal. building 1,10 4 ca de ordinances; clarifying 1.11 Certain terms; modifying provisions relating to construction warranties; limiti ng certain w rights; mod Provisions ivers of -1,13 g p ns re 1 at ing t o zoning 1.14 ordinances; amend3:ng Minnesota Statutes 2000, section 16B.61, subdivisions 1, 2 ; 16B s i3 16$, 63,ny adding a subdivision; . 62, subdivision 1 1.16 g 326.50, subdivision �- • z. 327A -01 subdivision 2; 327A.02, subdivisions 462.353, subdivision 4l � 5 1 ' 3 ' 62.357, subdivisi6ns 2 , ; il proposing coding fox new law ' 1.15 in Minnesota Statutes, chapters 1.�8: 462. 1.2.p BE IT T �D BY THE LEGISLATURE OF . 1.21 THE STATE OF MINNE50 A; , Section. Minnesota Statutes 2000, section 16B :1 1 .2.2 sub vi s i s amen ded ion 1, . 61, c..t` nded to read: / 1.23 Subdivision 1. [ADOPT1Q14 OF COQ ' 1 .24 165 = 5 to 18 . " the contrn' Subj to sections 1 - 2 � code of standards for issioner shall by rule establish a the construction, reconstruct�,on, 1 -26 alteration, and repair of buildings, governing matters of design and construction, fire protection inn ' 1 health, sanitation, and safet 1.29 construction standards �'' incl uding design and regarding heat loss control, . 1•30 il3urnination, and climate control.. 1-31 insofar as practicable to The Code must conform 1 -'2 accepted and in v model building codes generally use throughout the United States, includin a -- . 1 code for b�►l.ld�.ng conservation. In the 2.2 consideration must be a preparation of the code, 2.3 codes nresentl given to the existing Statewide s ecialt y in use in the state. Model codes with n Y 2.4 modifications and statewide sp ecialty nece$sary 2 . 5 reference. The coda must be b Y codes may be adopted by 2.6 scientic _ aced on the application of 2 Principles, approved tests, and professional, judgment. To the extent possible the 2 • 8 terms of desired results instea r code must be adopted in 2 - � results, av'oidin wherev d of the means of achieving those g whereve possib�.e the incorporation of 2-10 specifications o f particular methods or materials. To t hat end 2 the cede must encourage the use of new me shads and new htt pa/ v N' - Ww •revisor.1eg.state.mr3.us.& ' - ' - _ bin/ getb�•pl ?session Is82&versiOn�=lates t&number =Hi 31 0 615101 2 2.12 materials. Except as other provided in ' 12, 13 16B.75 th c sections 168.59 to onunlssioner shall administer and enforce the 2.14 provisions of those sectio 2 15 T he s t 2.16 v' w d • 2.17 r d ' ' t ` Cant r v' . 2.18 s r hil''i � he tr' s 19 x.20 n 75 d v' a w a 2 121 a .2I d' , .0 e c r 4 44 i h v` 2 .22 sec. 2- :5�inneaota statutes 2000 sec tio n c.� 2, 23 sub : 168.61, � vsion 2, is amended to 2.24 Subd. 2_ read: 'IE'N ORCEHENT BY CERTAIN BODIES.] Under the 2.25 direction and supervision of the co '� 2 the code relating to electrical in st rnms. the provisions o 2-27 by the state board of electricity, ns shall b� enforced 2.28 Electrical Pict the p relati ctr .c�.t, u.rsu.a�t to the Minnesota 2.29 enforced b ng to Plumbing shall. be 2.3� to y the P es commissioner of health the provisions re high pressure steam piping and ap urtenanc Iating 2..31 enforced by the department of labor shall be - inspections conducted b t and industry. Fees for 2.3.3 paid in accords Y he state board of electricity shall be accordance with the rules of the state board of 2.34 electricity. Under direction of the c 2.35 safety, the state fire marshal, shall °mrnissianer of public • 3b '�z�if "orm Fire Code a$ provided enforce the Minnesota 3. l p din chapter 299F. , QI Uaj s G i nr, Y �� 3.ta t ' nn wi " t h 3.2 e G4311T{l1SS 'one. of 1 abn r dnd ustr s sat �t he 3,3 � f the �'tC�� ` � � '� - e 3.4 p' o t l t 'o P n , e s 3.5 tEFFECTM DATE .) , 3 t Ilow , n - - -1. ©n �S cf active �:al enactment . 3.7 Sec. 3. Minnesota ' • _ Statutes 2000, section 168.62, 3.8 f'L- subdz on 1, is amended to read: 3 Subdivision 1 _ (MUNYCIp.� E N�'O RCEMENT.) The state Building 3 =10 Code applies statewide and supersedes L Y. 3 ,11 municipal it' un p edes �.he building code of any . o � 3 -12 de�e 3 G di or h h 3.13 r - - n , code�, at ' n. com Hants or_ Sys Q - , 3 .14 any resaaen is tuc u e en 3.15 Co m . ci May an r v' -te Hui _ ins 3 .16 I • In w th he nova of hP state ad n r 1 nce h ism e e 3.17 khan the Stat B vs 1nQ � c� �. a con 3 . 18 a more r e5�ric ive o.rdi n Inant- 3.19 a of ance. A. m ' -�pPea a 1 th • - amore re tractive ordinance t the .� 3 . 2 0 a s 3.21 r h v s s t 3 .2 2 ,� _ d 1e f • e e u s , cos y3 sio �zc h�.s set out 1n sect•ion � �R s, an appeal 3.23 --- = .z The State Building Code does not apply to agricultural buildin s except 3.2.4 inspections required or rulezra q p with respect to state 3.25 1, p 3 F. king authorized by sections • 141 21- GC -19, subdivision B and 326.244 3P26 municipa3.�,t;�es shall ado t a All 3, 27 w r.eS -peCt to new p a enforce the State Building Code 3.25 construction within their respective J urisdicti ons.. 3.2� if a City has adapted or i ' 3.3p s enforcing the State Building Cade on June 3, 1977, or determines b 3' 31 to undertake enforcement, it Y ordinance after that dare 3.32 cit shall enforce the code Within the Y • A city zmay by ordinance extend the enfo 3 . 3 3 code to contiguous uniz�cor p or - rcement of the 3.34 miles distant from its co aced territory ndt more than two rporate 1.s - mits in any directi Whey 3.35 two or more noncontiguou ci e 3.36 the code have boundari ties which have elected to enforce �.es less than four miles apart, each 4 - 1 authorized to enforce the cod e on its side of a l i S 4,2 between them. Once enf e equidistant orceme in nt author4,t y a httg : / /Www.revisor.ie s extended , state.mn.us/ '- . � cgs b��etbi.�,�1 ?session= IS82&v = r n latest� =1I i 31 fl 615101 i 4.3 4.4 4.5 4.6 4.7 4.8 4.9. 4.10 4.11 4.12 4.13 . 4 .14 4.15 4.36 4.17 4.18 4.1.9 4. 20 4.21 4.2 2 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5 .6 S . . 7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5,35 5.16 5- 3.7 5.18 5_19 5.20 5.21 5.22 5.23 5.2.4 f extraterritorially by ordinance, the authorit be exercised in the designated ter Y may continue to gn city less than four miles territory even though another les distant later elects to enforce the code. After the extension, the city ma enforce designated area to the same extent as Y the code in th situated within its l a co orat 1f the property were A city whack, 'on Ju l imits . ne 3, 197 7, had not adopted the code may not commence enforcement of the code within or o Y jurisdiction until it has provided writte outside of its comm issioner, the county auditor a � notice to the town in which it intends an the town clerk of each. on the propOSed enforcement tQ enforce the code. A public hearing must be held not less than 30 days after the notice has been provided. Enforcement of the node by the city outside of its jurisdiction G . Of f January in the commences on the first day . year following the notice and hearing. Municipalities may provide for the issuance inspection and enforcement within the Ce of permits, heir jurisdictions by .means which are convenient, and lawful, including contracts with other munici aliti by meths of and with qualified individual es Pursuant. to section 471.59, s. The other municipalities or qualified individuals may be reimbursed b r remission of some or a1.1 of the building retention or by other means. Iri areas of the g permit fee collected or state where inspection and enforcement is unavailable from qualified em municipali.ti.es, the oomrni.ssioner ployees of shall train and designate individuals available to Carr out inspe a fee basis. N h• Y P ction and enforcement on • n t is eet i n , f rom doA - td a Q�lt s S mun; �; n� ���, e t• n i d , v, . o �n�in es � � .,.�� e cd its wit h a provision of ina Q a th t rem e m ne s r e n�� struct•ure� ystcros of � - See • 4• Minnesota Statute 2000, section amended by adding a subdivision I6B. 53� is�c -���✓. t�s` � d t o read.: ITNT.PRETA� AUTHORITY.] an , , • aut o ority a arfl1 ' the �?nQ o e h • t c� c e comrnit etc d ev f $ t to ee w • ns ucti n � n u r � r ° the r v w me s A r w r au o a --��2 s a oc a form er h ° c ' t r nr�f i i r . t - � ive • -- i o of • c a mu s e e e s t e fro view e v ed t� in 30 o • r n 16- 67. _ ' ssuan ads v . .�usine Off� ca.al s a13 - z . d? 168. 5.26 Sec . 5. 65 6 p 5 RESI E 5 IM ] ERMIT FEE LIMITATION ON MIN PROEMENTS . 5.28 • OR mu i - GiP t de 5.29 ar -- - fined _ in c o 20C --.�. town m fee t � a s i ti ' s ' �.�� i,•c.r,�+`'� � h t x o•- 5 h#tp://WwW.revisor.le --- g. state. ma. us/egi- bin/getbiU. pl ?session - - &ver s �o n--Iat a st �:nunlb - er=l-i 13 10 6/5/0 1 4 v ... . v . A6 .., a. . i ... r. r 5 .3t 5.33 5.32 5,3? 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6. 6 6.7 6.8 6.9 6.10 6.11 6.12 6*. 13 6.14 6.15 6.16 6..17 6.18 6.19 6--20 6.21 6.22 6.23 6.24 6,25 6_26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7 p c t of h re l a c�me,�t Mr v m i s ' o . i chewer i s Q�� f �' - rn�,� n of a_re. t�a1 f�.xture„s�.� dD� d• i to e e ' a° 1 cos L150 r 1 s Yc d' th i u r li • a the co 3 ' wed 'ns al d b th e or ate, .�C.eztked cot�trai"t -nr -- hi e C• 6• (168-68 5� [ UAL REPORT. � F�Czf�. t-. I each - '� L �� �� z c p,� ' C i �' i �" Aoa e r epor t o h - �•:f F- 1 �.�n a fnr�� ,px'e c nst c ion and dew o � _ �` - - etia rtment • i es o llemtedby the 111_the v u • o . - •- un fi3 fdr which eQc wer _ o _ a- ini Sir ' u g permit elan reView fees a it e fees enQi neerincr ' n rastruct r othez c ns t r do and - d e o m -r _ ' e .fees, a nd 3 h e s a f r t th mu w r c 11e d sec, 7 Minnesota Statutes 2000 sub 3vs.sion* 1, i section 326.90, t read: Ef Subd' s amended to ' Vu .. 2.00/ V� /) 1�) / i.v� s.ion i . L LOCAL LICENSE � � � J .� provided in sect ' PRa�iIBZTED, � Except as � �` f Ions 1 2 6 -- 3.90, subdivis �.on 2, & ,nd ..�_ 91, apolitical subdivision ma not r ' •licensed under sections 326.83 to Y equire a person �a`�- -a i o ct 326.91 to also be licensed or --- r �r f e t to a under an ordinance, law., rule, or re ulation subdivision. This section go °f the political buil.d�,n a des not prohibit charges for g A rmits or other charges not di.rectl, rel licensure. Y ated t SeC• 8 Minnesota Statutes 2 04 0 subdivision 2 , section 327A.01., ����;'��'' is amended to read: Subd. �. [BUILDING STANDARDS.) 'T$uildi •• the ng standards mea 9 + y �•- - do a b. r�rnissioner f adminis ra ion , urs n h 68.75 t� th a t v _sect���s 16B 59 to remodelin e t. m e o fhe ca�stru Lion or sec �- Minnesota Statutes 200 sub ivision I is amended Os section 327A. Q2, � - eCJtiL f� Subdiv' to read: � ision 3 . IWARRANTIES BY VENDORS . In ever completed dwelling, and in every contra - Y sale a a dwelling to be completed, the ve Ct far the sale Qf a th ndor shall warrant to the vendee • 8 ( a) during the one- ear ?.9 date the dwellin Y period from and after the warrant 7 - l 0 worknanshi a g shall be free from defects caused b� Y P nd defective materials due to nonco � faulty rnpliance with 7 ..11 building standards; 7.12 fib), during the two - ear 7.11 dot Y period from and aft f'1 r�. 30, d;�-'OC the dwelling sha33 be free from def er the warranty 7.14 install.atian of plumbin A efts caused by fault g, _lectrical,_ heating, and coc�lin Y 7.15 s Yst ems du to oZ m g 7 , 16 k th i din sta.�darc and t c) during the ten - year Period from 7 .17 date, the dwelling shall and aftez the warrant 7.18 d t o �, 9 be free from ma3 or construction Y Sec � ^ a w h uil n� stanrds . defects 7.19 10 Minnesota S da . 7.20 subdivision 3 tatutes 2000, section 327Aa2 a ��� .�• mac? - ' c�-�' t� � C; �' i 1 is amended to zead: _ , Ilttp :1/'uww. revisor. Ie . sta.te,mn u '.. s /egz bin/gefbiU.PI ?session= Ls82 &ve rsio n= latest&num{,er-H 13 10 6151 a I 5 v 1.- • i V r+ 7 .21 Subd 3. [HOME IMPROVEMENT WA RRA N TIES . . ) . { a � In sale or 7 -in a contract for the sale of home improvement work involvin g 7 .23 major structural changes or additions to a residential, bu�.lding, 7.24 the home improvemen h t contractor sa lZ warrant to the owner that; 25 7• (1) during the one - year eriod p from and after the warranty 7.26 date the home imp rovement 7 fault workma . shall be free from defects caused by Y nship� and defective materials due to noncompliance 7 .28 with building standards; and pl.iance 7.,29 (2) during the ten err p eriod from and after the .warranty 7 date the home impro 7.31 defects avem shall be free from major construction ue to nvn pt ;area with b �i�.dincz star ands 7 {b} �n a sale or in a cont r act act for the sale of home .�cprovernez�t work involving he in , 7.34 electr heatin g - ins tallation of plumbing, - 7.3 5 contractor sha ll g or 000 ' ing sYstems , the home improvement all warrant to the owner that, durin the tw - � 7 .35 perk from and after the warranty � g, o � ear ty date, the borne Improvement 811 shall. be free from .defects cca,use,d 8.2 the system ors system by the faulty in of 8 .3 y ms due to noncomo3.i rsc�wh bu3ldina �ncla r s , 8.4 (4) Ina sale or in a contract for the sale of any h ome 8 • 5 improvement work not covered b 8.6 irnproven�ent contractor shall paragraph (a) or {b} , the home 8.7 the one - .,ea shall warrant to the owner that, Burin r period from and after the warrant date t 8 •8 improvement shall be free f y f he home rom defects caused by fault 819 workmanship or defective materials due to 8.18 bui lding Stan noncompliance with lards .. Sec . �. �. Minneso Statu 8.12 s . tes 2000, sect�.4n 462.353 6 CA C'_ C , ��,,, 1�3 s flfl . Q r S amended to read, 8.13 Subd. 4 . may �- +`►c�.'�" 1 � �(� a aL [FEES-] J A municipality $- la the c y Y fees sufficient to defray 8.15 inve stigating , Y t� incurred by i t in x'e�iewin , rove s t i g g, and administering an application for an g 8.16 to an official. control, established amendment 8.17 to 462.36-L � an a i shed pursuant to sections 462.351 -, required pplication for a permit or other approval d under an official control establish Pursu 8.19 sections. Fees as prescribed t to those 8.20 n std f . t " r, �. Ms b . e by ordinance 8.21 of t se v' �' an r o a c eto e a st - e f w � 's fe o 8.22 .hat a o _ sed . �i M uni Qipg i ty ma ern n n c un r $ .23 . �gs�ax- m i. fined red Se --��s toe sur�that 8. 24 t�d onl f r s e w �'e colt ec -- or 8.25 i a di over` c fee i o_ s .�d b 8.26 mun' al 't r lasted t, � - amount 8.27 th_e fee mu st a s .i a 'on t k...�_d. ep s t d h $ I i e r 28 Qg .'eved b t a ma o a d e n 8.29 a r -- . Y-�1 und�r sects on 4 2 36i . �, v.d, a� l�.ca on a r ed as th e 8 3g ndin de , ee d bee nai 8:31 a apse a. Sec. 1 wai ver [462.3631) (WAIVER OF RIGHTS 8..33 e_ �f�.�ti nl sec on 42 .08 is 8. 34 m f assessme a a un o es a a r e . n r for the �.� f '20 C �5 e o� the lave Z opm t o $ • - eff ective w ' v ri - .8.36 �. s o f a a n r sec :U on 4 2 g 1 a 9.1 n n too a o i n v • di , �e s marts ha#: w' '[ i �ncreas- -e�? 9.2 l th . not be s.1� act tt if 9.3 r a s a e t pests ma e b t e,per r _ r ecn d v he 9 . - 9. 5 or e ow er ' n �, r � _rove by he deV 0p 9.6 su a ant a ara w 'tt re d Sec. 13. Minnesota Statutes 2000 9.? s11b �V.17s 2, is amen , section 462.357, _ , 9.8 Bed to read : fi�c. �'Ue- 3C) :200 Subd 2 [GENERAL REQUIREMENTS, � j .�. .. At any t ime after and use plan for the munircipalit the 9 adopt i o r, o f a 1 9 agency, for the Purpose Y� the plannin 9.11 of the land us P pose of carrying out the policies and s e plan, may prepare a proposed Zonin goals htt :I/ g ordinance F u�w. revisor. tag. s�a,�e. mn. ��c i -bin/ et ' ? g g biU.pl. session -- ls82 &version =latest . � &nun��z =H I31 0 6/5 /a I 6 t 9.l t 9. ' 9 9. 9.1 9.Z 9.1 9.1 9.2 9.2 9.2 .9.2 9.2 9,2 9.2 9.2 9.2 9.2 9.3( 9.3 9.3 9.3 9.34 9.35 9.3 5 10.1 10.2 10.3 1.0. 4 1.0.5 14. e x,0.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 1. 0.16 10.17 10. a.B 10.19 10.20 10.21 10-22 10.23 10.24 10.25 10.26 10.27 10.28 x.0.29 10.30 10.31 10.32 10.33 10.34 10.35 10.35 2 and submit it to the governing body with ' 13 adoption. g Y i ts reComrnendatiors for 14 e Subject to the require IS 5, the governing boa .„ q ^c, 5 ments of subdivisions 3, 4, a a m • y j•�ay auOpt and amend a zoning ordinance by S. q f '' v ° embe 7 he ad ,..Portion off' a Zuni r t: i - am end 8 of the ex' mot;,, c anaes all o _pt -a. 9 - s � Q classlr'� catic� o a Bonin f �-- s't.�_ ____r. om 0 two--thirds a • l 1ST. ty vote of all members o a 1 �� _f th ug ver�i� 2 �.i. The �d u, Plan Plan must P rovide • 3 t.ng and and sequence of the adoption of official controls to 4 ensure planned, orderly and sta ed g development and 5 redev nt consistent with t A. 5 . �. he s plan. Sec Minnesota Statutes 2000, section 46 . s c 7 subdivision 5, is amended to" re 357, � . ,�-� �t� c:/G� ' L 8 Subd. 5. (AMENDMENT; d: 9 The NT CERTAIN CITIES OF THE FIR provi -Si o f this subdivisio apply to ST CLASS' a`� o n he a t opt ion Z �.n.� 1 1 or part of the e i in a wh � d h8. 2 m r`esid a clasp; fic do o a ZQn,Zn� ' 3 Dro e t e ai to ei .her onzmercia 1. r nd ��r a n i a c • of the first class, exce t the first class in which a different � p a city of the operation of the.cityfs home rul is provided ,through which this, subCUv n i5i,o a le chartES, In a city to Shall be made in PPlies, a to a z oning ordina conformance � *i.th this section but only aft nce there shall. have been filed in Y er written consent of the ow the office of the city clerk a Hers of two thirds of the several descriptio of real estat s contiguous descriptions o f real 100 feet of the total any part eal estate held by the same o Y Purchasing wner or asing any such contiguous ro er Year preceding the request, and after P ,�pf ty within one }� a the a vote in favor thereat Y majority of the members o f any of the ogre . h City_ The governin b g over ning body two thirds su -c ®te of its �nernbe 9 dy of such city may, b a zoning ordinance without h after hearing, adopt a new such written consent whenever the Planning commission or p3.annin b maate a survey of the Whole area g °ard of such city shall hi _ r °f the city or of an area of not less than 40 acres, «ithin which amendments or alteratio the new ordinance or the ns of the existing ordinance would t effect when adopted, and shall hav ake number of descrip e considered whether the and alteration p Of real estate affected b such s renders the obtaining of such y changes impractical, and such �alannin c Written consent shall report in wrttin g or�unission or planning board Proposals of the g as to whether in its opinion the governing body in any case are r related -to the overall. needs of the reasonably use or to a e community, to existing land PI -Ti for future land use, and s a public hearing on such hall have conducted proposed ordi alterations, of which hearin b nance, changes or given in a d pulished.notice shall have Y newspape of general circulation or each week for three successive hearing, and week at least once which notice shall state the t s Prior to such hearing, shall have the place and purpose of such P or i ted to the governing body of the city ' its findings and recommendation Sec. 15, [EFFECTIVE DATE. ns In writing 1,1� e t' S _ 4 a e t v ar 002- l wi P 3 d 9 a ' V o t e act a S . ntr l n 1 � e e u 0 1, in On �. - -5�... d no r a d e. httP 11V,Ww. revisor. leg. state . � . mn. us/ cgx- ��getbilI.pl?sessioa=lsg� - -� &v ersion=latest &nunnber --HI 3 1 0 615 101 7 Attachment 2 ORDINANCE NO. _ AN ORDINANCE AMENDING THE AMENDMENTS AND CHANGES ARTICLE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 36-48 (Council Vote Required) (additions are underlined and deletions are stricken): Section 36 -484. Council vote required. The city council may adopt and amend a zoning ordinance, including an amendment to this chapter which includes the zoning map, by a majority twe -th;.rchs vote of all its members. An exception to this requirement is the adoption or amendment of portion of a zoning ordinance that changes all or part of the existing classification of a zoning district from residential to commercial or industdai. in this case, the city, council must approve such a change by a two - thirds majority vote of all its members. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on , 2001. Mayor Attest: City Clerk Ayes - Nays - AGENDA ITEM AGENDA REPORT Action by Coun TO: Richard Fursman, City Manager Oats Endorsed FROM: R. Charles Ahl, Director of Public Works /City Engineer Modified Dejected DATE: August 20, 2001 SUBJECT: Adopt Resolution Accepting Preliminary Report and Calling for Public Hearing for Bush Avenue Improvements -- City Project 01 -04 Introduction The city council previously authorized preparation of a preliminary report on the construction of a cul -de -sac and reconstruction of the street along Bush Avenue, east of Stillwater Road. The property owners had petitioned the city for consideration of a street reconstruction improvement and cul -de -sac. The city's engineering consultant, TKDA Engineers, has completed the preliminary report. The city council needs to adopt a resolution calling for a public hearing to review the report with the impacted property owners. Background On July 9, 2001, the city council adopted a resolution directing the preparation of a preliminary report on the reconstruction of Bush Avenue based upon a petition received from the neighborhood. TKDA Engineers of St. Paul has completed the required report, which estimates the project cost, a project design and -a financing plan if the council determines that the project should proceed. Review of the report should be conducted as part of a public hearing on September 10, 2001. Notice of the hearing will be published in the local paper and mailed to all residents. Recommendation It is recommended that a resolution, be adopted. the preliminary report and calling for a public hearing for September 10, 2001 for the Bush Avenue Reconstruction Project. RCA jw Attachment RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council - adopted July 9, 2001, a report has been prepared under the direction of the city engineer by TKDA Engineers with reference to the improvement of Bush Avenue between Bartelmy Lane and Stillwater Road, City Project 01 -04, and this report was received by the council on August 27, 2001, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost- effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $325,000. 2. A public hearing shall be held on such proposed improvement on the 10 day of September, 2001, in the council chambers of city hall at 7 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. AGENDA NO. i � i Action by CowwH Date Endorsed AGENDA REPORT Modified Rejemd TO: City Manager FROM: Finance Director RE: Preliminary Approval for Issuance of Equipment Certificates, Improvement Bonds and Refunding Bonds DATE: August 20, 2001 PROPOSAL It is proposed that the City Council (A) schedule a special Council meeting at 5:00 p.m. on Thursday, October 4th for a bid award on the bond issues, (B) adopt the attached resolutions that provide preliminary approval for the sale of General Obligation Equipment Certificates, Improvement Bonds and Refunding Bonds totaling $5,000,000. BACKGROUND On May 14 the City Council approved the financing plan for the public safety dispatching center capital outlay costs that requires issuance of equipment certificates. A referendum is not needed for the equipment certificates because they have a term of five years. Two alternative maturity schedules were considered for the certificates. Option #1 has one principal and interest payment on December 1, 2002 and requires a tax levy of $713,000 payable in 2002. Option #2 has four annual principal payments beginning on October 1, 2003. It would require annual tax levies of $196,000 to $199,000 beginning in 2002 payable 2003. Option #2 is recommended because it has the least impact on the annual tax levy. The improvement bonds will have a 16 -year term and will finance five projects. One of the projects, Pleasantview Neighborhood Streets, was initially financed during construction by the 1999 Improvement Bonds. Additional bond issue proceeds are needed for this project because its costs exceeded estimates. The projects and financing plans are listed on page 9 of the attached report from Springsted Incorporated. The 2001 refunding bonds will refinance $1,030,000 of the 1992 General Obligation Refunding Bonds that have an average interest rate of 5.78 %. The refinancing will save the city approximately $213,000 and the present value of these savings will be approximately $92,000. The attached 31 -page report prepared by Springsted Inc. provides additional information. It also suggests a bid award on the bond sale at a special Council meeting at 5:00 p.m. on Thursday, October 4th. (There is apre- agenda meeting that day at 4:45 p.m.) Dan Hartman from Springsted will be at the Council meeting on August 27 to answer questions on his report. RECOMMENDATION It is recommended that the City Council (A) schedule a special Council meeting at 5:00 p.m. on Thursday, October 4th for a bid award on the bond issues, (B) adopt the attached resolutions which provide preliminary approval for the sale of the bonds and authorizes Springsted to solicit bids. PARNANCEMORMPERM01 BONDS1.DOC 1 Recommendations For City of Maplewood, Minnesota $690,000. General Obligation Equipment Certificates of Indebtedness, Series 2 $3,280,000 General Obligation Improvement Bonds, Series 2001B $1,030,000 General Obligation Improvement Refunding Bonds, Series 2001C Presented to: Mayor Robert Cardinal Members, City Council Mr. Richard Fursman, City Manager Mr. Dan Faust, Finance Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 -2797 SPRINGSTED Public Finance Advisors Study No.: M1408U1V1W1 P;rz; SPRINGSTED Incorporated August 17, 2001 RECOMMENDATIONS Re: Recommendations for the Issuance of: $690,000 General Obligation Equipment Certificates of Indebtedness, Series 2001A (the "Series 2001A Certificates ") $3,280,000 General Obligation Improvement Bonds, Series 2001 B (the "Series 2001 B Bonds ") $1,030,000 General Obligation Improvement Refunding Bonds, Series 2001C (the "Series 2001 C Bonds ") (Collectively the "Obligations" or the "Issues ") We recommend the following for the Obligations: 1. 2. 0 The Series 2001C Bonds are being issued pursuant to Minnesota Statutes, Chapter 475. Proceeds will be used to refinance the 2003 through 2008 maturities of the City's outstanding General Obligation Improvement Refunding Bonds, Series 1992A (the "1992A Bonds "). 4. Principal Amount of Offerings: The Series 2001 A Certificate - $ 690,000 Action Requested Sale Date and Time To establish the date and time of receiving bids and establish the terms and conditions of the offerings. Thursday, October 4, 2001 at 10:00 A.M. with consideration for award by the City Council at 5:00 P.M. that same evening. Authority and Purpose The Series 2001A Certificates are being issued pursuant to Minnesota Statutes, Chapters 412 and 475. The proceeds are being used to finance the acquisition and installation of equipment for the City's communication center. The Series 2001 B Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. The proceeds are being used to finance various improvement projects within the City. The Series 2001 B Bonds - $3,280,000 The Series 2001 C Bonds - $1,030,000 We have made a provision to adjust the size of the Series 2001C Bonds, up or down, in an amount up to $50,000 at the time of sale. This will allow for necessary adjustments based on final costs. City of Maplewood, Minnesota August 17, 2001 5. Repayment Term Interest on the Series 2001A Certificates will be payable April 1 and October 1, commencing October 1, 2002. The Series 2001A Certificates will mature annually October 1, 2003 through 2006. Interest on the Series 2001 B Bonds will be. payable February 1 and August 1, commencing August 1, 2002. The Series 2001 B Bonds will mature annually February 1, 2003 through 2017. Interest on the Series 2001 C Bonds will be payable February 1 and August 1, commencing August 1, 2002. The Series 2001C Bonds will mature annually February 1, 2003 through 2008. 6. Sources of Payments The Series 2001 A Certificates will be paid from general ad valorem tax levies. The Series 2001 B Bonds and the Series 2001 C Bonds will be repaid from special assessments filed against benefited property and ad valorem tax levies. Special assessments currently being collected for the repayment of the 1992A Bonds will now be pledged to the repayment of the Series 2001 C Bonds. These special assessments were originally filed for projects funded by the City's General Obligation Improvement Bonds of 1986 and General Obligation Improvement Bonds of 1988, which were subsequently refunded by the 1992A Bonds. 7. Prepayment Provisions Due to the short maturity schedule for the Series 2001A Certificates, this Issue will not have a prepayment provision. For the Series 2001 B Bonds, the City may elect on February 1, 2009 and on any day thereafter, to prepay the Series 2001 B Bonds due on or after February 1, 2010 at a price of par plus accrued interest. For the Series 2001 C Bonds the City may elect on February 1, 2006 and on any day thereafter, to prepay the Series 2001C Bonds due on or after February 1, 2007 at a price of par plus accrued interest. Page 2 City of Maplewood, Minnesota August 17, 2001 8. Credit Rating Comments An application will be made to Moody's Investors Service for ratings on the Obligations. Moody's currently rates the City's general obligation debt as "Aa2 ". 9. Federal Treasury Regulations Concerning Tax- Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, income expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to.this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified typically receive slightly lower interest rates than issues that are not bank qualified. These Issues are designated as bank qualified. (b) Rebate Requirements All tax - exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. However, since the City expects to issue no more than $5,000,000 of tax - exempt obligations .in 2001, the City will be exempt from rebating excess earnings on the proceeds of the Obligations to the federal government. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Obligations or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the bonds and /or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the. greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. Because prepayment of assessments may be collected on the Series 2001 B Bonds and the Series 2001 C Bonds, the City should be particularly careful in monitoring the debt service fund for these Issues. Page 3 City of Maplewood, Minnesota August 17, 2001 (d) Economic Life The average life of the Obligations cannot exceed 1 20% of the economic life of the projects to be financed. All of the Obligations are within their economic life requirements. 10. C g ontinuin Disclosure These Issues are subject to the SEC's continuing disclosure requirements. In regards to the Series 2001B and Series 2001C Bonds, the SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. In the past, the City has indicated that it will perform continuing disclosure services itself. Since the principal amount of the Series 2001 A Certificates is under $1 million, this Issue is exempt from the continuing disclosure requirements. Attachments Series 2001 A Certificates — Sources and 11. Uses and Debt Service Schedule Series 2001 B Bonds — Sources and Uses, Assessment Income Schedules, and Debt Service Schedule Series 2001C Bonds — Refunding Analysis DISCUSSION General Obligation Equipment Certificates of Indebtedness, Series 2001A The proceeds of the Series 2001A Certificates will be used to purchase equipment for the Th p Maplewood Communication Center. Minnesota Statutes, Section 412.301 specifies ecifies that the City may issue certificates of indebtedness without exposure to a petition requirement calling for a ref erendum if the total amount of the issue does not exceed % of 1 % of the estimated market value of the taxable property in the City. This issue of $690,000 is within the limitation and is not subject to�taxpayer petition for a referendum. The sources and uses for the Series 2001A Certificates are shown on page 7. The City will make its first levy for the Series 2001A Certificates in 2002 for first collection in 2003. Therefore, capitalized interest has been included in the principal amount of the Issue to make T p the October 1, 2002 interest payment due prior to the first levy collection in 2003. The debt service schedule for the Series 2001 A Certificates is shown on page 8. Beginning in 2003 each. year's tax levy collection will be used to make the interest payment due April 1 and the principal and interest payment due October 1 in the year of collection. General Obligation Improvement Bonds, Series 2001B The proceeds of the Series 2001B Bonds will be used to finance street improvement projects within the City. The sources and uses of funds for the Series 2001 B Bonds is shown on page y tributions totaling $1,763,815 9. In addition to proceeds of the Series 2001 B Bonds, cash con g w pay ill be used to a for the five improvement projects being financed by the Series 2001B Page 4 City of Maplewood, Minnesota August 17, 2001 will be used to pay for the five improvement projects being financed by the Series 2001 B Bonds. Included in the cash contributions is $68,203 of assessments collected in 2001 in conjunction with the Hazelwood and Bartelmy Acres projects. Additional costs for the Pleasantview Neighborhood Streets project are also included in the Series 2001 B Bonds. Assessments for this project were filed in conjunction with the City's General Obligation Improvement Bonds, Series 1999A. A summary of the total projected collections of special assessments is shown on page 10, with the following pages 11 through 14 showing the detailed assessments by project. Assessments for the Hazelwood and Bartelmy Acres projects, in the combined principal amount of $377,325, were filed in 2000 for first collection in 2001 over a term of 15 years. Assessments for the Tilsen South and Gladstone West p rojects, in the combined principal amount of $1,170,038, were filed in 2001 for first collection in 2002 over terms of 8 and 15 years, respectively. The interest rate charged on the unpaid balance of assessments is 7.0% for the Hazelwood . and o Bartelmy Acres projects, 5.8% for the Tilsen South Project and 6.3% for the Gladstone West project. All assessments are structured with even annual principal payments. the Series 2001 B Bonds is shown on e 15. a ✓` Our recommended amortization schedule for page The Series 2001B Bonds are structured around the projected assessment income discussed above to achieve a relatively even annual net levy requirement. Since the City will not make a levy for the Series 2001B Bonds until 2002 for first collection in 2003, only a small principal payment will be made on February 1, 2002, thus eliminating a levy requirement. Columns 1 through 5 show the principal maturity dates, annual principal payments, estimated interest rates and the projected total principal and interest payments, given the current market environment. Column 6 shows the 5% overlevy which is required by State statute and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments or taxes. Column 7 shows the total projected as income developed on pages 10 through 14. Column 8 shows the difference between columns 6 and 7. The City will need to levy ad valorem taxes to pay a portion of the debt service on the Series 2001B Bonds. The average annual levy amount is estimated to be approximately $178,500. General Obligation Improvement Refunding Bonds, Series 2001C The proceeds of the Series 2001C Bonds will be used to redeem, on February 1, 2002, the 2003 through 2008 maturities of the City's General Obligation Improvement Refunding Bonds, Series 1992A, dated December 1, 1992 and currently outstanding in the aggregate principal amount of $2,245,000. Because the 1992A Bonds will be refunded within 90 days of the issuance of the Series 2001 C Bonds, the transaction will be conducted as a current refunding to achieve interest cost savings. The 1992A Bonds were originally used to conduct an advance refunding of the City's General Obligation Improvement Bonds of 1986 and General Obligation Improvement Bonds of 1988. On February 1, 2002 $410,000 in principal of the outstanding 1992A Bonds is scheduled to mature. Special assessment and tax levy collections collected in 2001 will be used to make that payment, together with interest due in the amount of $63,200 as originally scheduled. Proceeds of the Series 2001C Bonds, together with $13,777 in estimated investment income expected to be earned by the City between bond closing and the February 1, 2002 call date, will be used on that date to prepay the remaining $1,835,000 of outstanding principal of the 1992A Bonds. The City will need to invest the Series 2001C Bond proceeds for the period between the closing date and the call date. Page 5 City of Maplewood, Minnesota August 17, 2001 As a result of the refunding, and based on current interest rate estimates, the City is expected to realize an annual cash flow savings of approximately $171,300. The total cash flow savings, after all costs of issuance and cash contributions is approximately $213,200, which has a net resent value of $92,210. To reduce the principal amount of the Series 2001 C Bonds, the City p will contribute $650,000 of assessment prepayments sitting in the debt service fund for the 1992A Bonds, plus $160,000 of other, available City funds. The. cash flow savings will be realized beginning in the year ending February. 1 9 2003. These savings will serve to reduce the amount of the City's annual cash contribution required to fund that portion of debt service payments not covered by the collection of special assessments. Page 16 shows the refunding summary. Page 17 shows the existing debt service for the 1992A Bonds. Page 18 shows the 1992A Bonds remaining debt service to maturity and to the call date. Page 19 shows the projected new debt service with respect to the Series 2001C Bonds, based on current interest rate estimates." Page 20 shows the debt service comparison and the projected annual cashflow savings of the Series 2001C Bonds to the 1992A Bonds, taking into account the non - refunded principal and interest payment due February 1, 2002. We will continue to monitor interest rates between now and the sale date and will advise you of changes affecting savings.. Springsted Incorporated is pleased to again be of assistance to the City of Maplewood. Respectfully submitted, SPRINGSTED Incorporated Ilr Page 6 $690,000 1 City of Maplewood, Minnesota General Obligation Equipment Certificates Series 2001A SOURCES &USES Dated 10/01/2001 Delivered 10/01/2001 SOURCES OF FUNDS Par Amount of Bonds ............................... ............................... $690,000.00 TOTAL SOURCES ................................... ............................... $690 USES OF FUNDS Deposit to Project Construction Fund ...... ............................... 641,518.00 Deposit to' Capitalized Interest (CIF) Fund .........................moos. 24,285.00 Costs of Issuance ..................................... ............................... 15,071.24 Total Underwriter's Discount (1. 000%) .... .............................., 6 Rounding Amount .................................... ............................... 2 TOTAL USES ........................................... ............................... $690,000.00 Springsted Incorporated Series 2001A (Amortized)- SINGLE PURPOSE Public Finance Advisors 811612001 1:05 PM Page 7 SIGNIFICANT DATES Dated......................................................................................... ............................... 10/01/2001 DeliveryDate ..........................................:... ............................... ..........................memo, 10/01 /2001 FirstCoupon Date ..................................................................... ............................... 10/01/2002 YIELD STATISTICS BondYear Dollars ..................................................................... ............................... $2,440.00 AverageLife .............................................................................. ............................... 3.536 Years AverageCoupon ....................................................................... ............................... 3.5883197% NetInterest Cost ( NIC) .............................................................. ............................... 3.8711066% True Interest Cost (TIC).... message **some Mae mooseemoose sees gooses on 3.8815370% Bond Yield for Arbitrage Purposes ............. ............................... ....................6686....... 3.5753543% All Inclusive Cost ( AIC) .............................................................. ............................... 4.5642717% IRS FORM 8038 NetInterest Cost .........................................................:............. .............................t• 3.58831 97% Weighted Average Maturity ....................................................... ............................... 3.536 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Springsted Incorporated File = Maplewood.sf -Series 2001A (Amortized)- SINGLE PURPOSE Public Finance Advisors 811612001 1:05 PM Page 8 $690,000 City of Maplewood, Minnesota General Obligation Equipment Certificates Series 2001A DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 105% Levy 10/01/2001 - - - - - 10/01/2002 - - 24,285.00 24,285.00 25,499.25 10/01/2003 165,000.00 3.200% 24,285.00 189,285.00 198,749.25 10/01/2004 170,000.00 3.450% 19,005.00 189 198,455.25 10/01/2005 175,000.00. 3.600% 13,140.00 188 197 10/01 /2006 180 3.800% 6 186 196,182.00 Total 690 - 87,555.00 777 816 SIGNIFICANT DATES Dated......................................................................................... ............................... 10/01/2001 DeliveryDate ..........................................:... ............................... ..........................memo, 10/01 /2001 FirstCoupon Date ..................................................................... ............................... 10/01/2002 YIELD STATISTICS BondYear Dollars ..................................................................... ............................... $2,440.00 AverageLife .............................................................................. ............................... 3.536 Years AverageCoupon ....................................................................... ............................... 3.5883197% NetInterest Cost ( NIC) .............................................................. ............................... 3.8711066% True Interest Cost (TIC).... message **some Mae mooseemoose sees gooses on 3.8815370% Bond Yield for Arbitrage Purposes ............. ............................... ....................6686....... 3.5753543% All Inclusive Cost ( AIC) .............................................................. ............................... 4.5642717% IRS FORM 8038 NetInterest Cost .........................................................:............. .............................t• 3.58831 97% Weighted Average Maturity ....................................................... ............................... 3.536 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Springsted Incorporated File = Maplewood.sf -Series 2001A (Amortized)- SINGLE PURPOSE Public Finance Advisors 811612001 1:05 PM Page 8 $3,280 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2001 B SOURCES & USES I Dated 10/01/2001 Delivered 10/01/2001 1 SOURCES OF FUNDS Par Amount of Bonds... ......................... ...........................:... $3 Cash from State Street Aid ................... ............................... 605 Cash from special assesment prepayments ........................ 553 Cash from other Govt. and Dev Pmts ... ............................... 390,350.00 Cash from Sewer Fund ......................... ............................... 146,100.00 Cash from 2001 Assessment Collections ............................ 68,203.00 TOTAL SOURCES ................................ ............................... $5 USES OF FUNDS Tilsen South Neighborhood Streets ...... ............................... 1,947,000.00 Gladstone West Neighborhood Streets . ............................... 1,431,000.00 Hazelwood Street, Gervais - County Road C ......................... 890,300.00 Bartelmy Acres Neighborhood Streets .. ............................... 675 Total Underwriter's Discount (1. 200%) . ............................... 39,360.00 Pleasantview Neighborhood Streets ..... ............................... 32,000.00 Costs of Issuance ................................. ..........:.................... 29 Rounding Amount ................................. ............................... (377.01) TOTALUSES ......... ............................... ..................06..00....... $5,043,815.00 Springsted Incorporated Public Finance Advisors llewood. sf- Series 2001B- SINGLE PURPOSE 811712001 8:42 AM Page 9 PAR AMOUNTS OF SELECTED ISSUES Series 2001 B As- Hazelwood ............... ............................... Series 2001 B As- Bartelmy Acres ......... ............................... Series 2001 B As- Tilsen South ............. ............................... Series 2001 B As- Gladstone West ........ ............................... TOTAL.................................................. ............................... 208,300.00 169,025.00 650,211.00 519,827.00 1 Springsted Incorporated Public Finance Advisors File = Maplewood. sf- Aggregate- 8/16/2001 1:05 PM Page 10 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2001 B TOTAL ASSESSMENTS DATE Series 2001 B Series 2001 B Series 2001 B Series 2001 B TOTAL Assessments Assessments Assessments Assessments Hazelwood Bartelmy Acres Tilsen South Gladstone West 12/31/2001 37 30 - - 68 12/31/2002 27,495.91 22 144 88,055.23 282,831.84 12/31/2003 26,523.82 21 114 65,221.77 227,543.86 12/31/2004 25,551.73 20 109,561.11 63,037.45 218 12/31/2005 24 19,945.43 104,846.04 60,854.18 210,225.29 12/31 /2006 23,607.55 19,155.60 100,132.03 58,670.92 201 1.2/31/2007 22,635.46 18,366.84 95 56,487.65 192,907.97 12/31/2008 - 21,663.37 17,578.08 90,704.02 54,304.39 184,249.85 12/31/2009 20,691.28 16,789.32 85 52 175,591.73 12/31/2010 19,719.19 16,000.56 - 49,937.86 85,657.61 12/31/2011 18,746.10 15 - 47,754.59 81,712.49 12/31/2012 17 14 - 45 77 12/31/2013 16,802.06 13,634.28 - 43 73,824.40 12/31/2014 15 12 - 41,204.80 69,880.36 12/31/2015 14 12,056.76 - 39 65 12/31/2016 - - - 36,838.27 36,838.27 Total 334 270,874.90 845,895.18 802,469.12 2 PAR AMOUNTS OF SELECTED ISSUES Series 2001 B As- Hazelwood ............... ............................... Series 2001 B As- Bartelmy Acres ......... ............................... Series 2001 B As- Tilsen South ............. ............................... Series 2001 B As- Gladstone West ........ ............................... TOTAL.................................................. ............................... 208,300.00 169,025.00 650,211.00 519,827.00 1 Springsted Incorporated Public Finance Advisors File = Maplewood. sf- Aggregate- 8/16/2001 1:05 PM Page 10 SIGNIFICANT DATES FilingDate ................................................................................... ............................... 5/08/2000 FirstPayment Date ...................................................................... ............................... 12/31/2001 Springsted Incorporated Public Finance Advisors File = Maplewood.sf -Series 20018 Assessments - Hazelwood 811612001 1:07 PM Page 11 City of Maplewood, Minnesota General Obligation Improvement Bonds,.Series 20018 Hazelwood ASSESSMENT INCOME Date Principal Coupon Interest Total P +I 12/31/2000 - - - - 12/31 /2001 13,887.00 7.000% 24,018.15 37,905.15 12/31/2002 13,887.00 7.000% 13,608.91 27 12/31/2003 13 7.000% 12 26,523.82 12/31/2004 13,887.00 7.000% 11 25,551.73 12/31/2005 13,887.00 7.000% 10,692.64 24,579.64 12/31/2006 13 7.000% 9,720.55 23 12/31/2007 13,887.00 7.000% 8 22,635.46 12/31/2008 13,887.00 7.000% 7,776.37 21,663.37 12/31/2009 13,887.00 7.000% 6 20,691.28 12/31/2010 13 7.000% 5 19,719.19 12/31/2011 13 7.000% 4 18 12/31/2012 13,886.00 7.000% 3,888.08 17,774.08 12/31/2013 13 7.000% 2 16 12/31/2014 13,886.00 7.000% 1 15,830.04 12/31/2015 13,886.00 7.000% 972.02 14 Total 208,300.00 - 126 334 SIGNIFICANT DATES FilingDate ................................................................................... ............................... 5/08/2000 FirstPayment Date ...................................................................... ............................... 12/31/2001 Springsted Incorporated Public Finance Advisors File = Maplewood.sf -Series 20018 Assessments - Hazelwood 811612001 1:07 PM Page 11 SIGNIFICANT DATES FilingDate ................................................................................... ............................... 5/22/2000 FirstPayment Date ...................................................................... ............................... 12/31/2001 Springsted Incorporated File = Maplewood. sf- Series 2001B Assessments- Barte /my Acres Public Finance Advisors 811612001 1:07 PM Page 12 Cit y of Maplewood, Minnesota General Obligation Improvement Bonds, Series 2001B Bartelmy Acres ASSESSMENT INCOME. Date Principal Coupon Interest Total P +I 12/31/2000 - - - - 12/31 /2001 11 7.000% 19,029.40 30 1 2/31 /2002 11,269.00 7.000% 11 22 1-2/31/2003 11,269.00 7.000% 10 21,523.09 12/31/2004 11 7.000% 9,465.26 20,734.26 12/31/2005 11 7.000% 8 1.9 12/31/2006 11,268.00 7.000% 7,887.60 19,155.60 12/31/2007 11,268.00 7.000% 7 18 12/31/2008 11 7.000% 6 17 12/31/2009 11 7.000% 5 16,789.32 12/31/2010 11,268.00 7.000% 4 16,000.56 12/31/2011 11,268.00 7.000% 3 1.5 12/31/2012 11 7.000% 3 14 12/31/2013 11,268.00 7.000% 2 13,634.28 12/31/2014 11,268.00 7.000% 1 12,845.52 12/31/2015 11,268.00 7.000% 788.76 12 Total 169 - 101 270 SIGNIFICANT DATES FilingDate ................................................................................... ............................... 5/22/2000 FirstPayment Date ...................................................................... ............................... 12/31/2001 Springsted Incorporated File = Maplewood. sf- Series 2001B Assessments- Barte /my Acres Public Finance Advisors 811612001 1:07 PM Page 12 SIGNIFICANT DATES FilingDate ................................................................................... ............................... 4/23/2001 FirstPayment Date ...................................................................... ............................... 12/31/2002 Springsted Incorporated File = Maplewood.sf -Series 2001B Assessments- Tilsen South Public Finance Advisors 8/16/2001 1:07 PM Page 13 City of Maplewood, Minnesota General Obligation Improvement Bonds, Series 2001B Tilsen South ASSESSMENT INCOME Date Principal Coupon Interest Total P +I 12/31/2001 - - - ' 12/31/2002 81 5.800% 63,691.78 144,968.78 12/31/2003 81,277.00 5.800% 32 114 12/31/2004 81,277.00 5.800% 28 109,561.11 12/31/2005 81 5.800% 23,570.04 104 12/31/2006 81,276.00 5.800% 18 100 12/31/2007 81,276.00 5.800% 14 95 12/31/2008 81,276.00 5.800% 9 90,704.02 12/31/2009 81 5.800% 4 85 Total 650,211.00 - 195,684.18 845,895.18 SIGNIFICANT DATES FilingDate ................................................................................... ............................... 4/23/2001 FirstPayment Date ...................................................................... ............................... 12/31/2002 Springsted Incorporated File = Maplewood.sf -Series 2001B Assessments- Tilsen South Public Finance Advisors 8/16/2001 1:07 PM Page 13 SIGNIFICANT DATES FilingDate ............................................................................... ............................... e... 5/14/2001 FirstPayment Date ...................................................................... ............................... 12/31/2002 Springsted Incorporated File = Maplewood.sf- Series 20018 Assessments- Gladstone West Public Finance Advisors 811612001 9:07 PM Page 14 City of Maplewood, Minnesota General Obligation Improvement Bonds, Series 20016 Gladstone West ASSESSMENT INCOME Date Principal Coupon Interest Total P +I 12/31/2001 - - - " 12/31/2002 34,656.00 6.300% 53,399.23 88,055.23 12/31/2003 34,656.00 6.300% 30 65 12/31/2004 34,655.00 6.300% 28 63 12/31/2005 34,655.00 6.300% 26,199.18 60 12/31/2006 34,655.00 6.300% 24,015.92 58,670.92 12/31/2007 34 6.300% 21 56,487.65 12/31/2008 34,655.00 6.300% 19,649.39 54 12/31/2009 34 6.300% 17 52,121.12 12/31/2010 34,655.00 6.300% 15 49,937.86 12/31/2011 34 6.300% 13,099.59 47,754.59 12/31/2012 34,655.00 6.300% 10,916.33 45,571.33 12/31/2013 34 6.300% 8 43,388.06 12/31/2014 34 6.300% 6 41,204.80 12/31/2015 34 6.300% 4 39,021.53 12/31/2016 34,655.00 6.300% 2 36,838.27 Total 519,827.00 - 282 802,469.12 SIGNIFICANT DATES FilingDate ............................................................................... ............................... e... 5/14/2001 FirstPayment Date ...................................................................... ............................... 12/31/2002 Springsted Incorporated File = Maplewood.sf- Series 20018 Assessments- Gladstone West Public Finance Advisors 811612001 9:07 PM Page 14 Dated.......................................................................... ............................... 10/01/2001 DeliveryDate .............................................................. ............................... 10/01/2001 FirstCoupon Date ...................................................... ............................... .8/01/2002 YIELD STATISTICS BondYear Dollars ...................................................... ............................... $269903.33 AverageLife ............................................................... ............................... 8.202 Years AverageCoupon ........................................................ ............................... 4.3921199% Net Interest Cost ( NIC) ............................................... ............................... 4.5384215% True Interest Cost ( TIC) ............................................. ............................... 4.5378693% Bond Yield for Arbitrage Purposes ............................. ............................... 4.3555155% All Inclusive Cost ( AIC) ............................................... ............................... 4.6767810% IRS FORM 8038 NetInterest Cost ........................................................ ............................... 4.3921199 %° Weighted Average Maturity......... ............................... ............................... 8.202 Years Springsted Incorporated File = Maplewood.sf-Series 20018- SINGLE PURPOSE Public Finance Advisors 811612001 3:17 PM Page 15 $3,280,000 City of Maplewood, Minnesota General Obligation Improvement Bonds Series 2001 B NET DEBT SERVICE SCHEDULE Assessment Levy Required Date Principal Coupon Interest Total P +I 105% of Total Income (Surplus) (1) (2) (3) (4) .(5) (6) ( ( 2/01/2002 - - - - " 2/01/2003 80 3.200% 181,046.67 261,046.67 274 282,831.84 (8 2/01/2004 255,000.00 3.300% 133,225.00 388,225.00 407 227,543.86 180,092.39 2/01/2005 260,000.00 3.500% 124,810.00 384,810.00 404,050.50 218,884.54 185 2/01/2006 260,000.00 3.650% 115 375 394 210,225.30 184,270.20 2/01/2007 260 3.850% 106 366,220.00 384 201,566.10 182,964.90 2/01/2008 260 4.000% 96,210.00 356,210.00 374 192,907.98 181,112.52 2/01/2009 265,000.00 4.100% 85,810.00 350,810.00 368 184,249.86 184,100.64 2/01/2010 265,000.00 4.200% 74,945.00 339,945.00 356,942.25 175,591.74 181 2/01/2011 185,000.00 4.300% 63,815.00 248,815.00 261 85 175,598.15 2/01/2012 190,000.00 4.450% 55,860.00 245,860.00 258,153.00 81,712.50 176,440.50 2/01/2013 195,000.00 4.550% 47,405.00 242,405.00 254,525.25 77,768.44 176. 2/01/2014 200 4.650% 38 238,532.50 250 73,824.40 176,634.73 2/01/2015 205,000.00 4.750% 29 234,232.50 245,944.13 69,880.36 176,063.77 2/01/2016 210,000.00 4.850% 19,495.00 229,495.00 240,969.75 65,936.32 175,033.43 2/01/2017 190,000.00 4.900% 9 199,310.00 .209 36,868.32 172,407.18 Total 3 - 1,181,626.67 4 4 2,185 2 Dated.......................................................................... ............................... 10/01/2001 DeliveryDate .............................................................. ............................... 10/01/2001 FirstCoupon Date ...................................................... ............................... .8/01/2002 YIELD STATISTICS BondYear Dollars ...................................................... ............................... $269903.33 AverageLife ............................................................... ............................... 8.202 Years AverageCoupon ........................................................ ............................... 4.3921199% Net Interest Cost ( NIC) ............................................... ............................... 4.5384215% True Interest Cost ( TIC) ............................................. ............................... 4.5378693% Bond Yield for Arbitrage Purposes ............................. ............................... 4.3555155% All Inclusive Cost ( AIC) ............................................... ............................... 4.6767810% IRS FORM 8038 NetInterest Cost ........................................................ ............................... 4.3921199 %° Weighted Average Maturity......... ............................... ............................... 8.202 Years Springsted Incorporated File = Maplewood.sf-Series 20018- SINGLE PURPOSE Public Finance Advisors 811612001 3:17 PM Page 15 Preliminary $1 City of Maplewood,. Minnesota General Obligation Refunding Bonds, Series 2001C Current Refunding of Series 1992A REFUNDING SUMMARY I Dated 11/01/2001 Delivered 11/15/2001 SOURCES OF FUNDS Par Amount of Bonds .............................................. ............................... $1,030,000.00 Transfers from Prior Issue Debt Service Funds .... ............................... 650,000.00 Planned Issuer Equity contribution ...................... ............................... 170,000.00 Accrued Interest from 11/01 /2001 to 11 /15/ 2001 .. ............................... 1,369.38 TOTALSOURCES ................................................. ............................... $1,851,369.38 USES OF FUNDS Deposit to Current Refunding Fund ....................... ............................... 1,821,724.88 Costsof Issuance ................................................... ............................... 17,021.75 Total Underwriter's Discount (0. 700%) ................. ............................... 7,210.00 ................. ............................... 4 043.37 , Rounding Amount ... ............................... Deposit to Debt Service Fund ................................ ............................... 1,369.38 TOTALUSES ......................................................... ............................... $1,851,369.38 FLOW OF FUNDS DETAIL State and Local Government Series (SLGS) rates for ......................... 8/16/2001 CURRENT REFUNDING ESCROW SOLUTION METHOD .............. Net Funded Total Cost of Investments ....................................... ............................... $1,821,724.88 Interest Earnings @ 3. 469% .................................. ............................... 13,275.12 TOTALDRAWS ..................................................... ............................... $1,835,000.00 ISSUES REFUNDED AND CALL DATES Series1992A ........... ............................................ ............................... 2/01/2002 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net PV Cashflow Savings c@ 3.516 %(Bond Yield ) ............................. 906,797.68 Total Cash contribution .......................................... ............................... (170,000.00) Accrued Interest Credit to Debt Service Fund ....... ............................... 1,369.38 Transfers from Prior Issue Debt Service Fund ...... ............................... (650,000.00) Contingency or Rounding Amount ......................... ............................... 4,043.37 NET PRESENT VALUE BENEFIT ........................ ............................... $92,210.43 NET PV BENEFIT / $1,835,000 REFUNDED PRINCIPAL ................ 5.025% NET PV BENEFIT / $1,030,000 REFUNDING PRINCIPAL ............... 8.952% BOND STATISTICS AverageLife ............................................................ ............................... 2.765 Years Average Coupon ........................... ............................... .......................... 3.5253953% Net Interest Cost ( NIC) ........................................... ............................... 3.7785998% Bond Yield for Arbitrage Purposes ......................... ............................... 3.5163628% True Interest Cost ( TIC) .......................................... ............................... 3.7915482% All Inclusive Cost ( AIC) ........................................... ............................... 4.4525766% Springsted Incorporated Advisors to the Public Secto File = Maplewood.sf- Series 2001C Ref 92A- SINGLE PURPOSE 8/17/2001 11:14 AM Page 16 Preliminary YIELD STATISTICS Average Life ..... ............................... ....................... 2.736 Years ............. ............................... Weighted Average Maturity (Par Basis) ............................................................... 2.697 ears AverageCoupon ................................................................. ............................... 5.7768370% Springsted Incorporated Advisors to the Public Sector File = Maplewood.sf- Series 1992A- SINGLE PURPOSE 8/17/2001 11:14 AM Page 17 $4 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds Series 1992A PRIOR ORIGINAL DEBT SERVICE Date Principal Coupon Interest Total P +I 2/01/1993 - - - - 2/01/1994 - - 264 474.58 264, 474.58 2/01/1995 - - 226, 692.50 226, 692.50 2/01/1996 - - 226, 692.50 226, 692.50 2/01/1997 425, 000.00 4.300% 226, 692.50 651, 692.50 2/01/1998 440 4.500% 208 648 2/01/1999 435, 000.00 4.650% 188, 617.50 623, 617.50 2/01/2000 425, 000.00 4'900% 168, 390.00 593, 390.00 2/01/2001 415, 000.00 5.100% 147, 565.00 .562, 565.00 2/01/2002 410, 000.00 5.300% 126, 400.00 536, 400.00 2/01/2003 405, 000.00 5.500% 104, 670.00 509, 670.00 2/01/2004 385, 000.00 5.600% 82, 395.00 467, 395.00 2/01/2005 380, 000.00 5.700% 60, 835.00 440, 835.00 2/01/2006 260, 000.00 5.800% 39 299 2/01/2007 205, 000.00 5.900% 24, 095.00 229, 095.00 2/01/2008 200, 000.00 6.000% 12, 000.00 212, 000.00 Total 4 - 2 6 YIELD STATISTICS Average Life ..... ............................... ....................... 2.736 Years ............. ............................... Weighted Average Maturity (Par Basis) ............................................................... 2.697 ears AverageCoupon ................................................................. ............................... 5.7768370% Springsted Incorporated Advisors to the Public Sector File = Maplewood.sf- Series 1992A- SINGLE PURPOSE 8/17/2001 11:14 AM Page 17 Preliminary YIELD STATISTICS Average Life ......................................... ............................... 3.291 Years Weighted Average Maturity (Par Basis ) ............................... 3.252 Years Average Coupon .................................. ............................... 5.3516042% Springsted Incorporated Advisors to the Public Sector File = Maplewood.sf- Series 1992A- SINGLE PURPOSE 8/17/2001 11:14 AM Page 18 $4 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds Series 1992A DEBT SERVICE TO MATURITY AND TO CALL Date Refunded Bonds D/S To Call Principal Coupon Interest Refunded D/S 2/01/2002 1, 835, 000.00 1, 835, 000.00 - 5.300 % - - 2/01 /2003 - - 405, 000.00 5.500% 104, 670.00 509, 670.00 2/01/2004 - - 385, 000.00. 5.600% .82,395-00 467, 395.00 2/01/2005 - - 380 5.700% 60, 835.00 440, 835.00 2/01/2006 - - 260, 000.00 5.800% 39 299 2/01/2007 - - 205, 000.00 5.900% 24, 095.00 229, 095.00 2/01/2008 - - 200, 000.00 6.000% 12, 000.00 212, 000.00 Total 1, 835, 000.00 1 1, 835, 000.00 - 323 2 YIELD STATISTICS Average Life ......................................... ............................... 3.291 Years Weighted Average Maturity (Par Basis ) ............................... 3.252 Years Average Coupon .................................. ............................... 5.3516042% Springsted Incorporated Advisors to the Public Sector File = Maplewood.sf- Series 1992A- SINGLE PURPOSE 8/17/2001 11:14 AM Page 18 Preliminary YIELD STATISTICS Accrued Interest from 11/01/2001 to 11/15/2001 ................. ............................... 1 BondYear Dollars ............................................................... ............................... $2 AverageLife ........................................................................ ............................... 2.765 Years Average Coupon .................................................. ............................... ............. 3.5253953% Net Interest Cost (NIC) ... •••••- ••••••••- ...................................... ............................... � 3.7785998% True Interest Cost ( TIC) ....................................................... ............................... 3.7915482% o Bond Yield for Arbitrage Purposes ....................................... ............................... 3.5163628% All Inclusive Cost ( AIC) ....................................................... .................a............. 4.4525766% IRS FORM 8038 NetInterest Cost ................................................................. ............................... 3 Weighted Average Maturity ................................................. ............................... 2.726 Years Springsted Incorporated File = Maplewood.sf- Series 2001 C Ref 92A- SINGLE PURPOSE Advisors to the Public Sector 8/17/2001 11:14 AM Page 19 $1 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2001C Current Refunding of Series 1992A DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 2/01/2002 - - - - 2/01/2003 290, 000.00 3.200% 44, 015.63 334, 015.63 2/01/2004 270, 000.00 3.300% 25, 932.50 295, 932.50 2/01/2005 255, 000.00 3.500% 17, 022.50 272, 022.50 2/01/2006 120, 000.00 3.650% 8 128, 097.50 2/01/2007 55, 000.00 3.850% 3 58, 717.50 2/01/2008 40, 000.00 4.000% 1 41, 600.00 Total 1, 030, 000.00 - 100, 385.63 1,130, 385.63 YIELD STATISTICS Accrued Interest from 11/01/2001 to 11/15/2001 ................. ............................... 1 BondYear Dollars ............................................................... ............................... $2 AverageLife ........................................................................ ............................... 2.765 Years Average Coupon .................................................. ............................... ............. 3.5253953% Net Interest Cost (NIC) ... •••••- ••••••••- ...................................... ............................... � 3.7785998% True Interest Cost ( TIC) ....................................................... ............................... 3.7915482% o Bond Yield for Arbitrage Purposes ....................................... ............................... 3.5163628% All Inclusive Cost ( AIC) ....................................................... .................a............. 4.4525766% IRS FORM 8038 NetInterest Cost ................................................................. ............................... 3 Weighted Average Maturity ................................................. ............................... 2.726 Years Springsted Incorporated File = Maplewood.sf- Series 2001 C Ref 92A- SINGLE PURPOSE Advisors to the Public Sector 8/17/2001 11:14 AM Page 19 Preliminary PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net FV Cashflow Savings .................................................... ............................... 1,027,784.3 Gross PV Debt Service Savings ........................................... ............................... 906 Net PV Cashflow Savings @ 3.516 %(Bond Yield) .............. ............................... 906,797.68 TotalCash contribution ........................................................ ............................... (170,000.00) Accrued Interest Credit to Debt Service Fund ....................... ............................... 1 Transfers from Prior Issue Debt Service Fund ..................... ............................... (650,000.00) Contingency or Rounding Amount ........................................ ............................... 4 NET FUTURE VALUE BENEFIT .......................................... ............................... $213,197.12 NET PRESENT VALUE BENEFIT ........................................ ............................... $92,210.43 NET PV BENEFIT / $297 PV REFUNDED INTEREST ............................. 31.027% NET PV BENEFIT / $1 PV REFUNDED DEBT SERVICE .................. 4.758% NET PV BENEFIT / $1,835,000 REFUNDED PRINCIPAL ... ............................... 5.025% NET PV BENEFIT / $1,030,000 REFUNDING PRINCIPAL .. ............................... 8.952% Springsted Incorporated Advisors to the Public Sector File = Maplewood.sf- Series 2001 C Ref 92A- SINGLE PURPOSE 8/17/2001 11:14 AM Page 20 $1,030,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 20010 Current Refunding of Series 1992A DEBT SERVICE COMPARISON Date Total P +I Existing D/S Net New D/S Old Net D/S Savings 2/01/2002 - 473, 200.00 473, 200.00 473 - 2/01 /2003 334, 015.63 - 334, 015.63 509, 670.00 175, 654.37 2/01/2004 295, 932.50 - 295, 932.50 467, 395.00 171, 462.50 2/01/2005 272, 022.50 - 272, 022.50 440, 835.00 168, 812.50 2/01/2006 128, 097.50 - 128, 097.50 299 171, 077.50 2/01/2007 58, 717.50 - 58, 717.50 229, 095.00 170, 377.50 2/01/2008 41, 600.00 - 41, 600.00 212, 000.00 170, 400.00 Total 1,130, 385.63 473, 200.00 1, 603, 585.63 2, 631, 370.00 1, 027, 784.37 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net FV Cashflow Savings .................................................... ............................... 1,027,784.3 Gross PV Debt Service Savings ........................................... ............................... 906 Net PV Cashflow Savings @ 3.516 %(Bond Yield) .............. ............................... 906,797.68 TotalCash contribution ........................................................ ............................... (170,000.00) Accrued Interest Credit to Debt Service Fund ....................... ............................... 1 Transfers from Prior Issue Debt Service Fund ..................... ............................... (650,000.00) Contingency or Rounding Amount ........................................ ............................... 4 NET FUTURE VALUE BENEFIT .......................................... ............................... $213,197.12 NET PRESENT VALUE BENEFIT ........................................ ............................... $92,210.43 NET PV BENEFIT / $297 PV REFUNDED INTEREST ............................. 31.027% NET PV BENEFIT / $1 PV REFUNDED DEBT SERVICE .................. 4.758% NET PV BENEFIT / $1,835,000 REFUNDED PRINCIPAL ... ............................... 5.025% NET PV BENEFIT / $1,030,000 REFUNDING PRINCIPAL .. ............................... 8.952% Springsted Incorporated Advisors to the Public Sector File = Maplewood.sf- Series 2001 C Ref 92A- SINGLE PURPOSE 8/17/2001 11:14 AM Page 20 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $690,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2001A (BOOK ENTRY ONLY) Proposals for the Certificates will be received on Thursday, October 4, 2001, until 10:00 A.M., Central Time at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Ce � Paul, Minnesota, after which time they will be opened and tabulated Consideration for award of the Certificates will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the S i g p � submitting Springsted the .final Proposal time of sale. The bidder shall be responsible for submitting to Sprin g p price p Y p co and cou b telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the sub Proposal. submitted Pro osal Springsted will assume no liability for the inability of the bidder to reach prior to the time of sale specified above. All bidders are advised that each Proposal Springsted p shall be deemed to constitute a contract between the bidder and th e City to p urchase the Certificates regardless of the manner of the Proposal submitted. DETAILS OF THE CERTIFICATES The Certificates will be dated October 1, 2001, as the date of original issue, and will bear payable p interest a able on April 1 and October 1 of each year, commencing October 1, 2002. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Certificates will mature October 1 in the years and amounts as follows: - 2003 $165 2004 $170,000 2005 $175,000 2006 $180,000 BOOK ENTRY SYSTEM means of a book entr s The Certificates will be issued by m rY stem with no physical distribution of Y Certificates made to the p ublic. The Certificates will be issued in fully registered form and one certificate, rep resenting the aggregate principal amount of the Certificates maturing in each C p g • The Depository year, will be registered in the name of Cede & Co. as nominee of p ry Trust Company New York, New York, which will act as securities depository of the p Y Ce rtificates. Individual purchases of the Certificates may be made in the principal amount of or an multi le thereof of a single maturity through book entries made on the books and $5,000 Y p ' records of DTC and its participants. Principal and interest are payable by the regis trar to DTC or its nominee as registered owner of the Certificates. Transfer of principal and interest payments p ments to p articipants of DTC will be the responsibility of DTC; transfer of principal and ' ' the res of such interest payments to beneficial owners by participants will be p • • ty • • p Y urchaser, as a condition of delivery participants and other nominees of beneficial owners. The p of the Certificates, will be required to deposit the Certificates with DTC. Page 21 REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Certificates will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Certificates will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the acquisition and installation of equipment for the City's Communication Center. TYPE OF PROPOSALS Proposals shall be for not less than $683,100 and accrued interest on the total principal amount of the Certificates. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Certificate in the amount of $6,900, payable to the order of the City. If a check is used, it must accompany the proposal. If. a Financial Surety Certificate is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Certificate must identify each underwriter whose Deposit is guaranteed by such Financial Surety Certificate. If the Certificates are awarded to an underwriter using a Financial Surety Certificate, then that purchaser is required to submit its. Deposit to Springsted Incorporated in the form - of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Certificate may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Certificates is adjourned, recessed, or continued to another date without award of the Certificates having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Certificates of the same maturity shall bear a single rate from the date of the Certificates to the date of maturity. No conditional proposals will be accepted. AWARD The Certificates will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Certificates, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of Page 22 the Certificates. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Certificates will be delivered without cost to the urchaser through DTC in New York, New York. Delivery will be subject to receipt by the p g purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, g p Pp g including a no - g liti ation certificate. On the date of settlement, payment for the Certificates shall be made in federal equivalent, uivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as . compliance with the terms of payment for the Certificates shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE Particip underwriters need not comply with the continuing disclosure requirements of p g Rul 15c2 -12 p romulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule "), because the offering is in a principal amount less than $ 1,000,000. Consequently, the City will .not enter into any undertaking to provide continuing disclosure of any kind with respect to the Certificates. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Certificates, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, an p rospective purchaser is referred to the Financial Advisor to the City, Springsted Y p p p 55101 telephone Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnes hone p (651) 223 -3000. ent when further s u p plemented b The Official Statem pp Y an addendum or addenda specifying the maturity ates, principal amounts and interest rates of the Certificates, together with any other • Y • p � "Final State ment" of the City with r information required by law, shall constitute a Final Official State ty p to the Certificates, as that term is defined in Rule 15c2 -12. By awarding the Certificates to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no mo re than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Certificates are awarded 30 copies of g 9 the Official Statement and the addendum or addenda described above. The City designates in underwriter of the syndicate to which the Certificates are awarded as its the senior managing Y . agent for p of distributing copies of the Final Official Statement to each Participating g p p � � respect to the Certificates agrees a Underwriter. Any underwriter delivering. a proposal with respe g thereby hat if its proposal is accepted by the City (i) it shall accept such designation and . (ii) it Y p � Participating Underwriters of the Certificates shall enter into a contractual relationship with all Participating Unde for ur oses of assuring the receipt by each such Participating Underwriter of the Final Official p p Statement. Dated August 27, 2001 BY ORDER OF THE CITY COUNCIL . /s/ Karen Guilfoile City Clerk 8/16/014:17 PM Page 23 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,280,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, October 4, 2001, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened - and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated October 1, 2001, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2002. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2003 $ 80 2007 $260 2011 $185,000 2015 $205 2004 $255 2008 $260 2012 $190,000 2016 $210,000 2005 $260,000 2009 $265 2013 $195,000 2017 $190,000 2006 $260,000 2010 $265 2014 - $200,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond.. All term bonds shall be subject to mandatory sinkin g fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be Page 24 registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases y of the Bonds may be made in the principal amount of $5,000 or any, multiple thereof of a single maturity through book entries made on the books and records of 'DTC and its participants. Principal and Y interest are payable by the registrar to DTC or its n nominee as registered owner of g Transfer of principal and interest payments to participants of D the Bonds. T DTC will be the p p p Y responsibility of DTC; transfer of principal and interest payments to beneficial owners. by p y ' ' participants d other nominees of beneficial participants will be the responsibility of such participants an owners. The p urchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR .The ... City will name. -the registrar which shall -be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2009, and on any day thereafter, to prepay Bonds due on or Y after Februa ry 1, 2010. Redemption may be in whole or in part and if in part at the option of the • City and in than all Bonds of a maturity such manner as the City shall determine. If less Y are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $3,240,640 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $32,800, a able to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insu rance company p y licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by su ch Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City ill deposit the check of the purchaser, the amount of which will be deducted at ty settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a Page 25 single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true t rest cost (TIC) basis. The City's computation of the interest rate of each proposal, in in e accordance with customary practice, will be controlling. will reserve the right to: (i) waive non - substantive informalities of any proposal or of The City w h il g . .. matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals ma g termines to have failed to com I without cause, and, (iii) reject any proposal which the City de comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bon ds qualify or issuance of any policy of municipal bond insurance or commitment fy therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of an such commitment shall be at the sole option and expense of the purchaser of Y the Bonds. An increased costs of issuance of the Bonds resulting from such purchase of insurance shall be Y aid b the purchaser, except that, if the City has requested and received. a p ratin g on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have -been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds uali for assignment of CUSIP numbers such numbers will be printed on the q fy Bonds but neither the. failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of. the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Y g • subject to receipt b purchaser through DTC in New York, New York. Delivery will be p • Y the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of p Pp g • s, Minnesota, and of customary closing papers, g r including a no- Saint Paul and Minneapolis, s, g iti ation certificate. On the date of settlement, payment for the Bonds shall be made in federal, litigation or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non- compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuin g Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). Page 26 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement.. will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees tat, no more than seven business days after the =date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 125 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assurin g the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 27, 2001 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk 8/16/014:16 PM Page 27 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,030,000* CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2001C (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, October 4, 2001, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Sp Y ma Proposals be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. p ri n p rior to the Signed Proposals, without final price or coupons, may be submitted to S p g p time of sa le. The bidder shall be responsible for submitting to Springsted the final Proposal rice and coup ons, by telephone (651) 223 -3000 o p r fax (651) 223 -3046 for inclusion in the p ' ' inability submitted Proposal. Springsted will assume no liability for the inabi ty of the bidder to reach p Springsted rior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 1, 2001, as the date of original issue, and will bear interest payable able on February 1 and August 1 of each year, commencing August 1, 2002. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2003 $290,000 2005 $255,000 2007 $55 2004 $270,000 2006 $120,000 2008 $40,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $50,000 and will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the -Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinkin g fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity sc hedule set forth above at a p rice of p ar plus accrued interest to the date of redemption. In order to designate term bonds, the proposal specify Last Year of Serial Maturities" and "Years of Term Maturities" in the p osal mu �� spaces provided on the Proposal Form. Page 28 BOOK ENTRY SYSTEM Bonds will be issued b means of a book entry system with no physical distribution of The y Bonds made to the public. The Bonds will be issued in fully registered form and one .Bond , rep resenting the aggregate principal amount of the Bonds maturing in each year, will be p g registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York New York, which will act as securities depository of the Bonds. Individual purchases principal of the Bonds may be made in the rinci al amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books. and records of DTC and its participants. Principal and y interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the resp onsibility of DTC; transfer of principal and interest payments to beneficial owners by P y ' ' ' ' ' nts and other nominees. of beneficial participants will be the responsibility of such participa owners.. The purchaser,. as a condition of delivery of the Bonds, will be required to deposit the -------------- - - - - -- � Bonds with DTC. REGISTRAR The City will name the r which shall be subject to applicable SEC regulations. The City g will pay for the services of the registrar. OPTIONAL REDEMPTION The Cit y m elect on February 1, 2006, and on any day thereafter, to prepay Bonds due on or y after Februa ry 1, 2007. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to b prepayments. e redeemed. All shall be at a price of par plus accrued. interest. SECURITY AND PURPOSE The Bonds will be g eneral obligations of the City for which the City will pledge its full faith and credit and ower to le direct general ad valorem taxes. In addition the City will pledge special p levy Obligation assessments against benefited property previously pledged to the City's a g Improvement Refunding Bonds, Series 1992A. The proceeds will be used to refund the 2003 p • • � t Refunding Bonds through 2008 maturities of the City's General Obligation Improvemen g , Series 1992A, dated December 1, 1992. TYPE OF PROPOSALS Proposals shall be for not less than $1,022,790 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $10,300, payable able to the order of the City. If a check is used, it must accompany the proposal. If a y Financial Surety Bond is used, it must be from an insura nce company p y licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted p rin sted Incor orated prior to the opening of the proposals. The Financial Surety Bond must identify ach underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the fy Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Cit y will deposit the check of the purchaser, the amount of which will be deducted at Page 29 settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the. City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in - -- accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without. cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating .agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal -bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota,, and of customary closing papers, including a no- litigation certificate. On the date of settleent, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City .for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. Page 30 CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuin g Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories' as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of - an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For -co ies of the _.Official Statement or for any additional information --- -prior to sale,.. any.-- -- p • A to the City rin sted Incorporated, prospective purchaser is referred to the Financial Adv ty, p g 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 - 3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity ates, p principal amounts and interest rates of the Bonds, together with any other • y • p � �� merit" of the City with re information required by law, shall constitute a Final Official State y p to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate. submitting a proposal therefor, the City agrees. that, no more than seven business days after the date of such award, it shall provide without cost to the senior manag Y in underwriter of the s yndicate to which the Bonds are awarded 40 copies of the Official Statement and the addendum or addenda described above. The City designates the sen managing for mans in underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a p acce p purposes contractual relationship with all Participating Underwriters of the B onds for p p oses of assurin the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 27, 2001 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk 8/16/014:16 PM Page 31 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 27, 2001 Pursuant to due call thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on August 27, 2001, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $690,000 General Obligation Equipment Certificates of Indebtedness, Series 2001A. . The following members were present: and the following were absent: adoption: Member introduced the following resolution and moved its RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $690,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2001A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue its $690,000 General Obligation Equipment Certificates of Indebtedness, Series 2001A (the "Certificates ") to finance the cost of acquisition and installation of equipment for the City's Communication Center; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Certificates. 2. Meetin Pro posal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Certificates. The Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 1319064vl 3 . Terms of Proposal The terms and conditions of the Certificates and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Certificates, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 1319064v1 2 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $690,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2001A (BOOK ENTRY ONLY) Proposals for the Certificates will be received on Thursday, October 4, 2001, until 10 :00 A.M., Central Time at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Cen � Paul, Minnesota, after which time they will be opened and tabu lated. Consideration for award o f the Certificates will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. sals without final rice or coupons, may be submitted to Springsted prior to the Signed Propo , • � p ted the final Proposal time of sale. The bidder shall be responsible for submitting to Springs p • hone (651) 223 -3000 o fax (651) 223 -3046 for inclusion in the price and coupons, by telep . r .. , , . ted Proposal. Sp will assume no liability for the inability of the bidder to reach submit p Springsted prior to the time of sale specified above. All bidders are advised that each Proposal Spring p shall be deemed to constitute a contract between the bidder and the City to p urchase the Certificates regardless of the manner of the Proposal submitted. DETAILS OF THE CERTIFICATES The Certificates will be dated October 1, 2001, as the date of original issue, and will bear ante payable p rest a able. on April 1 and October 1 of each year, commencing October 1, 2002.. Interest will be comp uted on the basis of a 360 -day year of twelve 30 -day months. The Certificates will mature October 1 in the years and amounts as follows: 2003 $165,000 2004 $170,000 2005 $175,000 2006 $180 BOOK ENTRY SYSTEM • me of a book entry s The Certificates will be issued by mea ry stem with no physical distribution of y Certificates made to the public. The Certificates will be issued in fully registered form and one Cert ificate, rep resenting the a g g regate principal amount of the Certificates maturing in each Cert p g gg . ear, will b istered in the name of Cede & Co. as nominee of The Depository Trust y e re g t as securities dep ositor y Company ("DTC"), New York, New York, which will ac p rY of the Certificates. Individual purchases of the Certificates may be made in the principal amount of Certi p $ 5000 or an multi le thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by g ' y mult registrar to DTC o g r its nominee as registered owner of the Certificates. Transfer of principal and interest payments p ments to participants of DTC will be the responsibility of DTC; transfer of principal and the responsibility of such interest pay to beneficial owners by participants will be p . • ty • • p y urchaser, as a condition of delivery participants and other nominees of beneficial owners. The p of the Certificates, will be required to deposit the Certificates with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Certificates will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Certificates will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct. general ad valorem taxes. The proceeds will be used to finance the acquisition and installation of equipment for the City's Communication Center. TYPE OF PROPOSALS Proposals shall be for not less than $683,100 and accrued interest on the total principal amount of the Certificates. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Certificate in the amount of $6,900, payable to the order of the City. If a check is used, it must accompany the proposal. If. a Financial Surety Certificate is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety ertificate must identify each underwriter whose Deposit is guaranteed by such Financial Surety Certificate. If the Certificates are awarded to an Y • • • underwriter using a Financial Surety Certificate, then that purchaser is required to submit its. Deposit to Springsted Incorporated in the form - of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Certificate ma y Y Y be drawn b the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Certificates is adjourned, recessed, or continued to another date without award of the Certificates having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Certificates of the same maturity shall bear a single rate from the date of the Certificates to the date of maturity. No conditional proposals will be accepted. AWARD The Certificates will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Certificates, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Certificates. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Certificates will be delivered without cost to the urchaser through DTC in New York, New York. Delivery will be subject to receipt by the p g p urchaser of an ap proving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing pap ers , g p Pp g • including a no - g liti ation certificate. On the date of settlement, payment for the Certificates shall be made in federal orequivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Certificates shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss, suffered by the City by reason of the purchaser's non - . compliance with said terms: for payment.. CONTINUING DISCLOSURE Particip underwriters need not comply with the continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission u nder the Securities Exchange Act of 1934 (the "Rule "), because the offering is in a principal amount less than $ 1,000,000. Consequently, the City will . not enter into any undertaking to provide continuing disclosure of any kind with respect to the Certificates. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Certificates, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, an p rospective p urchaser is referred to the Financial Advisor to the City, Springsted Y p p p esota 55101 telephone Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minn hone p (651) 223 -3000. State when further s u p plemented b The Official State pp Y an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Certificates, together with any other information required by law, shall constitute a "Final Official Statement' of the City with respect • q � awarding the Certificates to an to the Certificates, as that term is defined in Rule 15c2 -12. By a g Y underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Certificates are awarded 30 copies of g g Y the Official Statement and the addendum or addenda described above. The City designates in underwriter of the syndicate to which the Certificates are awarded as its the senior managing Y . ur agent for p of distributing copies of the Final Official Statement to each Participating g p p � respect to the Certificates agrees a Underwriter. Any underwriter delivering. a proposal with respe g thereby hat if its proposal is accepted by the City (i) it shall accept such designation and (ii) it Y p � Participating Underwriters of the Certificates shall enter into a contractual relationship with all Participating Unde for ur oses of assuring the receipt by each such Participating Underwriter of the Final Official P p Statement. Dated August 27, 2001 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk 8/16/014:17 PM EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 27, 2001 Pursuant to due call thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on August 27, 2001, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $3,280,000 General Obligation Improvement Bonds, Series 2001B. The following members were present: and the following were absent: adoption: Member introduced the following resolution and moved its RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $3,280,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue its $3,280,000 General Obligation Improvement Bonds, Series 2001B (the "Bonds ") to finance the cost of various improvement projects in the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 13190780 3. Terms of Proposal The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. member The motion for the adoption of the foregoing resolution was duly seconded by and, after full discussion thereof and upon a vote being taken thereon, the. following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 1319078v1 2 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL .$3,280,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, October 4, 2001, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the • g p � final Proposal Pro time of sale. The bidder shall be responsible for submitting to Springsted the p price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach p Springsted rior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated October 1, 2001, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2002. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2003 $ 80 2007 $260 2011 $185 2015 $205 2004 $255 2008 $260,000 2012 $190 2016 $210,000 2005 $260,000 2009 $265 2013 $195 2017 $190 2006 $260 2010 $265,000 2014 - $200,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond.. All term bonds shall be subject to mandatory sinkin g fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any, multiple thereof of a single maturity through book entries made on the books and records of %DTC and its participants. Principal and interest are payable by the registrar to DTC or Y g nominee as registered owner of its g the Bond principal Bonds. Transfer of rinci al and interest payments to participants. of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by p y • ' participants participants will be the responsibility of such participants and other nominees of beneficial owners. The p urchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR ,...The-.City will name -the registrar which shall -be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City Y ma elect on February 1, 2009, and on any day thereafter, to prepay Bonds due on or after Februa ry 1, 2010. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be g eneral obligations of the City for which the City will pledge its full faith and credit and p ower to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $3,240,640 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $32,800, payable able to the order of the City. If a check is used, it must accompany the proposal. If a Y ' Financial Surety insurance company . Bond is used, it must be from an in p Y licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incor orated prior to the opening of the proposals. The Financial Surety Bond must identify p each underwriter whose Deposit is guaranteed by such Fina ncial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost TIC basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds uali for issuance of any policy of municipal bond insurance or commitment q fY therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of an such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bon g Y Bonds resulting from such purchase of insurance Y nce shall be aid b the purchaser, except that, if the City has requested and received. a ratin g on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds ualif for assignment of CUSIP numbers such numbers will be printed on the q, ther the. failure to print such numbers on any Bond nd nor an error with respect Bonds, but neither y p thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the p g purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. ertifiicate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission.. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting. syndicate submitting a. proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 125 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 27, 2001 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk 8/16/014:16 PM EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 27, 2001 Pursuant to due call thereof, a regular meeting of the City Council of the City, of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on August 27, 2001, at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $1,030,000 General Obligation Improvement Refunding Bonds, Series 2001C. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,030,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2001C A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue its $1,030,000 approximate principal amount of General Obligation Improvement Refunding Bonds, Series 2001C (the "Bonds ") to currently refund on February 1, 2002, the 2003 through 2008 maturities, totaling $1,835,000 in principal amount of the City's outstanding General Obligation Improvement Refunding Bonds, Series 1992A, dated December 1, 1992; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 13190810 3. Terms of Proposal The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 1319081vl 2 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,030,000* CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2001C (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, October 4, 2001, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Sp ringsted Signed Proposals, without final price or coupons, may be su bmitted to p rior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach p Springsted rior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 1, 2001, as the date of original issue, and will bear interest payable able on February 1 and August 1 of each year, commencing August 1, 2002. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2003 $290 2004 $270,000 2005 $255,000 2006 $120,000 2007 $55 2008 $40 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $50, 000 and will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking und redemption date of any term bond. All term bonds shall be subject to mandatory • g � p • e at a sinking fund redemption and must conform to the maturity schedule set forth above rice of p p ar plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the p ublic. The Bonds will be issued in fully registered form and one Bond, representing aggregate the a ate principal amount of the Bonds maturing in each year, will be • in the Trust Company g registered name of Cede & Co. as nominee of The Depository p y ("DTC"), New York New York, which will act as securities depository of the Bonds. Individual purchases y of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturit throu h book entries made on the books. and records of DTC and its participants. Principal and y interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by P y ' ' ' ' ' is and other nominees of beneficial participants will be the responsibility of such participan owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The Cit y will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Cit y may elect on February 1, 2006, and on any day thereafter, to prepay Bonds due on or y after Februa ry 1, 2007. Redemption may be in whole or in part and if in part at the option of the Cit y and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued. interest. SECURITY AND PURPOSE The Bonds will be g eneral obligations of the City for which the City will pledge its full faith and credit and p ower to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property previously pledged to the City's General Obligation Improvement Refunding Bonds, Series 1992A. The proceeds will be used to refund the 2003 p through 2008 maturities of the City's General Obligation Improvement Refunding Bonds, Series 1992A, dated December 1, 1992. TYPE OF PROPOSALS Proposals shall be for not less than $1,022,790 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit') in the form of a certified or cashier's check or a Financial Surety Bond . in the amount of $10,300, payable able to the order of the City. If a check is used, it must accompany the proposal. If a y Financial Surety Bond is used, it must be from an insura nce company p y licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to p 9 S rin sted Incorporated prior to the opening of the proposals. The Financial Surety Bond must i such Financial Surety each underwriter whose Deposit is guaranteed by y Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Ci ty will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5 /100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in - - accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without. cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating. agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS if the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs" and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota,, and of customary closing papers, including a no- litigation certificate. On the date of settleent, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City .for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuin g Disclosure Undertaking (the. "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of - an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. -- -..For ..copies of the- Official - Statement or for any additional . information --..prior to sale,., any. p ros p - prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,. p 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute 'a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 40 copies of the g g Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating g g • Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt b each such Participating Underwriter of the Final Official Statement. Y Dated August 27, 2001 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk 8/16/014:16 PM ` Agenda # _ MEMORANDUM Action by Council TO: City Manager Date i il i 1 00-- FROM: Ken Roberts,. Associate Planner ndorscd SUBJECT: Schroeder Milk Expansion - Final Development Agreeme ffl Re LOCATION: 2080 Rice Street DATE: August 20, 2001 INTRODUCTION Project Description Schroeder Milk Company is proposing a three -phase expansion of their milk processing business at 2080 Rice Street. Please see the maps on pages 3 -5. As part of their expansion proposal, Schroeder Milk is asking the city to provide tax - increment financing (TIF) to help pay for site improvements and utilities. Schroeder Milk is now asking the city to approve the development agreement for this financing. BACKGROUND On June 28, 1999, the city council made three approvals for the expansion of Schroeder Milk. These approvals included: 1. A conditional use permit (CUP) for their proposed expansions. The city code requires a CUP for dairy product processing and distribution facilities. 2. The site, landscaping and building design plans. 3. Preliminary approval of the tax - increment financing plan to help pay for the expansion. The city and Schroeder Milk, however, never finalized these plans. On July 23, 2001, the city council opened the public hearing about the revisions to the tax - increment financing plans for Schroeder Milk. The council continued the public hearing until August 13, 2001. On August 13, 2001, the city council again considered the Schroeder Milk tax - increment financing plans. The council approved a resolution that decertified Economic Development District No. 1-4 and established Economic Development District No 1 -5. These are for the tax - increment financing plan for the expansion of the Schroeder Milk processing plant at 2080 Rice Street. DISCUSSION The tax - increment financing would help pay for site improvements and utilities for the proposed additions. With the expansions, Schroeder would add at least 30 jobs paying about $15.00 per hour. A $550,000 project would support a pay -as- you -go grant of about $49,000 for nine years. The city established. Economic Development District No. 1 -4 on June 28, 1999 in connection with the construction of the Schroeder Milk project. Tax increments from this tax increment financing district will be received through June 28, 2009. Since the construction will not occur until this year, the tax increments to be collected from this district will be in the years 2003 through June 28 2009. With the revised tax - increment plans, tax increments will be collected in the years 2003 through 2011 (nine years). The attached development agreement between Maplewood and Schroeder Milk outlines the terms and. conditions of the tax - increment financing for this project. RECOMMENDATION Approve the development agreement starting on page six. This development agreement is for the tax - increment financing for the expansion of the Schroeder Milk processing plant.at 2080 Rice Street. REFERENCE INFORMATION SITE DESCRIPTION Site size: 19.26 acres Existing land use: Schroeder Milk SURROUNDING LAND USES North: Jiffy Lube and Cub Foods South: ABRA Auto Body East: Tri- District School property West: Rice Street, commercial businesses in Roseville and a single dwelling PLANNING Land Use Plan designation: BC (business commercial) Zoning: BC p:sec18lshromilk.fin Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan - Proposed Economic Development District No. 1 -5 4. 'Proposed Development Agreement 2 Attachment 1 2640N 1 PLAZA CIR J { 2 ALVARApp DR t 3 BELLECrtESr no �L 4 DEAUVILf,E DR 5 MERIDIAN DR 3 0 Q z Q C W 2400N � 0 J @ Co. R0. B2 36 An 111 > <0> N 11 Li! - J W p t O t.J v F LITTLE CANADA 35E �4 LAU [lE Ro. o � W Q �� -�, , W c f DR. v LAURfE T. w � ►_ ��' � � 2 COON RD. R � �J Q 4 a BURK w M..M..IM M... •M-- N» • iw���r..a.� • NI��iM�.� CL EL RIDGE PSAV E�DRtDGE A t ..Sand r.....».. y, �„ Q 13ELMONT LN OLoke a BELMONT 4N AY. Y. ��.. w SKILLMAN Ate. f 1 SKI MAN AV. EN C SKILLMAN 1 AVE. VERNON AVE. V) �' a. v c, cr 30 O Y � �' ,� � � c� � m a � L - �0 2 «.» Z ` M DOWNS AVE. J Q 0 MT. Q p VERNON AVE. Edgerton / � � r a.w V O Rose/vwr► J W PO4 Pork Pa a J � ( n ROSELAWN AVE. T BELLWOOD AVE. BE LWOOD AVE. BELLW000 a ' o rp >- ) UM ER ° o SUMMER AVE, o oc T. w . (n o Z z w in aW FENTON AVE �Yeetern Q 2 RI � z � Z Milo o v LE Y �° �- AVE. to GAwp,Y Y Vi i RIPLE Y AVE. • ; ►- Q r N 3: 7- � w V) N- c, � cn > KINGSTON p A V. D) z KiNGSTONQ AVE. j Z w Q Q 0 O N LE {cE AVE.' }J- � W Q CM) 4 P ao LARPE NTEUR AVE. a Q C � 55 33E ST. PAU L �o It O LOCATION MAP 3 4 N Attachment 2 COUNTY ROA s SINOLAIR 4 O N 1 r R. 45610 *7rp717 • 10.13..E J1.S3 ` • • L* S® 447 •�' �► in JIFFY LUSE L C f4ssal 1.�,. CUB FOODS 8 .. G1�53to , to di 4 14 r O 40 _ W u) • '` PROPOSED ECONOMIC DEVELOPMENT DISTRICT NO. 1 -5 O • SCHROEDER MILK •:. � � . 0 'lo PROPOSED LOT SP LIT I VAC • tt• tt• o� lb 1T o.c,• • �scot • • . • Z „7 _• Nfi low ac N N 0 • PROPERTY LIME /ZONING MAP PROPOSED ECONOMIC DEVELOPMENT DISTRICT NO. 1- 5 4 4 N Attachment 3 LOT SPLIT SURVEYFOR SCHROEDER MILK CO., INC. CORNER Of SEC. 14 TW►. 24 ROE M FOUND RW EY CO. ux — — _ OF THE M N NW R � � S Eti Or SE I C. 14 IRE O F ME 11M 1/4 OF SE Tvlr.z6, RtL 22 _ SOUTH LINE OF R.LS. NO. u7 f'�. i 3 F OO T CHA UNt FENCE 1 IL I �$ � r W CORNEA OF - a RLS. N0. N7 t• Ts►N67E 6; UO 7E� 12� Di WATER w n Y to sIr t3, . r o C. r 543.04 „ . • ., w �SS 9pwfy 739.10 / C t d \ �:• i ^ •• tw cvo -`�',' 6" 1044. NORTH UNE OF T!E SOUTN 500 iEET OF THAT PART � ,1{ T, b O� �' THE NORTHMCST 1/4 OF TN[ NORTHWEST 1%4 1e °n�ll"°N5° to TAt RALINO 4 r OF SEC 14 LYING NORTH or IRENE•S ADQITW% N 1 s au w o e // 9.s Iz3.4 CONCRETE D= howl oraG s2 1 tN.e i0 S EOM OF TREES � n Zz Rob 100 2090 R:cs 5 E �. Iz m p TAI NJV 261ti+a� 5�. It_ . tl a0 9.6 2 `G OD $A a 11.9 16.40_ o aD u PARCEL 46,516 Sp It. 50 0 50 100 0 In 0 / 4 / N SCALE IN FEET N cl 70.0 Of Zy r Cows to EDGE OF TREES i _ WS 29.6. O t I l v 44 v V n 1 T1 O t/ 55.0 O vi � ®off • � N W S, 0 1 1 O % NWTU u¢ of FEW s ADDITION � SITE PLAN PROPOSED ECONOMIC DEVELOPMENT DISTRICT NO. 1- 5 5 4 N Ell NCE 10.0 t ° Iwta 6c�la ®6t 6 O V ACATED PER OW. NQ swoo ^r ^3rr-r X u °_ I VW9 a L y� °• sa n � in �!' , I � 0 V 1 v .. � " • v p io 74.9 SAN S1 O � ' �\ G _ T\t y � o N 5 i _ o `„ in r 1.043 Sq., H. i � �o O �c z o . . L X tvp _�'— 1 10 �� ■ X — W5 Qp N � Ld R . � M.O � � 1 1'' N•7t S�I�.p1 TT w. • y� �`�/ I ' I � ' ` � O >�� �•�-•� PROPOSED LOT DIVISION -- -�— CD o o o R o o a s o • a a o 0 0 o R o a 0 0 o f 0 0 wav/7Y NAP V ELICTRIC BOXES ON CONCRETE BASES Fey . o s0 ll t O ► N N DMIAINAOC AND UTIUTY EASIUIEFT V PER O 40. 1063614 A. �a w r , 1046.33 s.r 739.E6 \ 306.47 A . •is �•• \ g 0 CORNETT s S89' 1 5'37 "W 1096.33 SE CORN THEM 1/2 00 \ - OF THE NON 1/4 OF SEC. is . as St CORIIER OF THIE WW 1/4 of Sunde Land Surveying, LLC. SEC. Is. FOUND RAMP CA CJY 36' ROT I v 9001 East Bloomington Free.oy (35W) • Sidle 118 Bloomington, 4lnnesota 55420 -3435 Business. 952/881 -2455 • FAX: 952/888 -9526 SITE PLAN PROPOSED ECONOMIC DEVELOPMENT DISTRICT NO. 1- 5 5 4 N Attachment 4 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MAPLEWOOD SCHROEDER MILK CO. I� This document was drafted by : Briggs and Morgan, P.A. 2200 First National Bank Building 332 Minnesota Street St. Paul, MN 5 5101 (6 51) 223-6600 1314616vRED V2 to VI; 8/20/01 0 TABLE OF CONTENTS Page ARTICLEI DEFINITIONS ............................................................... ..............................2 Section1.1. Definitions ........................................................... ..............................2 ARTICLE IY REPRESENTATIONS AND WARRANTIES ................ ..............................4 Section 2.I . Representations and Warranties of the City .......... ..............................4 Restrictions on Use ............................................. .............................12 Section 2.2. Representations and Warranties of the Developer ..............................4 Conflicts of Interest ............................................ .............................12 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY ........ ..............................6 Section 6.3. Section 3.1. Reimbursement of Costs ..................... Section 6.4. Section 3.2. Limitations on Undertaking of the City ................ ..............................6 Section 6.5. Section 3.3. Limitation of Costs; Methods of Payment ............ ..............................6 Section 6.6. Section 3.4. Business Subsidies Act ........................................ ..............................6 Section6.7. Section 3.5. Payment of City Costs ........................................ ............................... Section 6.8. ARTICLE IV EVENTS OF DEFAULT .......... ...................................... ..............................8 Section 4.1. Events of Default Defined ............. Section 4.2. Remedies on Default ........................................... ..............................8 Section 4.3. No Remedy Exclusive ........................................ ............................... 9 Section 4.4. No Implied Waiver ............................................ ............................... . 9 Section 4.5. Agreement to Pay Attorney's Fees and Expenses . ..............................9 Section 4.6. Indemnification of City........ .............................. ..............................9 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT .....................11 Section 5.1. The Developer's Option to Terminate ................. .............................11 Section 5.2. Action to Terminate ........... .............................. ............................... . 11 Section 5.3. Effect of Termination ......................................... .............................11 ARTICLE VI ADDITIONAL PROVISIONS ....................................... .............................12 Section 6.1. Restrictions on Use ............................................. .............................12 Section 6.2. Conflicts of Interest ............................................ .............................12 Section 6.3. Titles of Articles and Sections .......................... ............................... 12 Section 6.4. Notices and Demands ......................................... .............................12 Section 6.5. Counterparts ..................................................... ............................... 12 Section 6.6. Law Governing ................................................... .............................13 Section6.7. Expiration ........................................................... .............................13 Section 6.8. Provisions Surviving Rescission or Expiration .... .............................13 Section 6.9. Assignability of Agreement ................................ .............................13 EXMIT A Description of Development Property ....................................................... A -1 ... ............................... EXI3IBIT B .......... Site Improvements ......................................... ............................... B -1 -1- 1314616vRED V2 to VI; 8/20/01 7 DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the 27th day of August, 2001, by and between the City of Maplewood, Minnesota (the "City "), a municipal corporation existing under the laws of the State of Minnesota and Schroeder Milk Co. (the "Developer "), a Minnesota corporation. WITNESSETH: AREAS, pursuant to Minnesota Statutes, Section 469.124 to 469.134, the City has heretofore established Development District No. 1 (the "Development District ") and has adopted a Development Program therefor (the "Development Program "); and VaMREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179, as amended (hereinafter, the "Tax Increment Act "), the City has heretofore created on August 13, 2001,, within the Development District, Economic Development District No. 1 -5 (the "Tax Increment District ") and has adopted a tax increment financing plan therefor (the "Tax Increment Plan ") which provides, for the use of tax increment financing in connection with certain development within the Development District; and VTI EREAS, 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 assist the Developer with the financing of certain costs of a Project (as hereinafter defined) to be constructed within the Tax Increment District as more particularly set forth in this Agreement; and WHEREAS, the City believes that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety, morals and welfare of residents of the City, 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; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section I I6J.993 through I I6J.995, apply to this Agreement; and V�i�REAS, the City has adopted criteria for awarding business subsidies that comply with the Business Subsidy Law, after a public hearing for which notice was published; and WHEREAS, the Council has approved this Agreement as a subsidy agreement under the Business Subsidy Law. NOW, TBEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1314616vRED V2 to V1; 8/20/01 ARTICLE I 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: A means this Agreement, as the same may be from time to time modified, amended or supplemented; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which bankg institutions in the City are authorized by law or executive order to close; Cily means the City of Maplewood,, its successors and assigns; Developer means Schroeder Milk Co., a Minnesota corporation, its successors and assigns; Development District means the real property included in the Development District No. 1 heretofore established; Development Program means the Development Program approved in connection with the Development District; Development Property means the real property described in Exhibit A attached to this Agreement; Event of Default means any of the events described in Section 5.1 hereof; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in St. Paul, Minnesota, as its "prime rate" or "reference rate" or any successor rate, which rate shall change as and when that rate or successor rate changes; P ro�j ect means the development of an approximately M M Q square foot expansion of the Developer's existing manufacturing facility to be constructed by the Developer on the Development Property; Site Improvements means the site improvements constructed or installed on the Development Property described in Exhibit B attached to this Agreement; State means the; State of Minnesota; Tax Increments means ° 90 % of the tax increments derived from the Development Property which have been received by the City in accordance with the provisions of Minnesota Statutes, Section 469.177; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.179, as amended; 1314616vRED 2 V2 to VI; 8/20/01 �J Tax Increment District means Economic Development District No. 1 -5 located within the Development District, a description of which is set forth in the Tax Increment Financing Plan, which was qualified as an economic development district under the Tax Increment Act; Tax Increment Financing, Plan means the tax increment financing plan approved for the Tax Increment District by the City on August 13, 2001 and any future amendments thereto; 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 Project, litigation commenced by third parties which, by injunction or ether 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. 1314616vRED 3 V2 to VI; 8/20/01 10 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City The City makes the following representations and warranties: (1) The City -is a municipal corporation and has the power to enter into this Agreement and carry out its obligatio -ns hereunder. (2) The Tax Increment District is are "economic development district" within the meaning of Minnesota.. Statutes, Section 469.174, Subdivision 12, and was created, adopted and approved in accordance with the terms of the Tax increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. (4) To finance certain costs within the Tax Increment District, the City proposes, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer for a portion of the costs of the Site Improvements paid by the Developer as further provided in this Agreement. Section 2.2. representations and Warranties of the Developer The Developer makes the following representations and warranties: (1) The Developer is a Minnesota corporation and has the power to enter into this Agreement and to perform its obligations hereunder and is not in violation of the laws of the State. (2) The Developer shall cause the Project to be constructed in accordance with the terms of this Agreement, the Development District, 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). (3) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4), Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms„ conditions or provision 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, or constitutes a default under any of the foregoing. (5) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. 1314616vRED 4 V2 to v1; 8/20/01 11 (6) 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. (7) The construction of the Project will commence on Sentember 1, NO 2001 and, barring Unavoidable Delays, the Project will be substantially completed by AW W W Auizust 1, 2002 1314616vRED V2 to V1; 8/20/01 12 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1. Reimbursement of Costs As consideration for the execution of this Agreement and the construction of the Project by the Developer, subject to the further provisions of this Agreement, including but not limited to the limitations on source of reimbursement and amount set forth. in Section 3.3 hereof, the City agrees to reimburse the Developer for $500,000 of the cost of the Site improvements paid by the Developer (the "Reimbursement Amount "). The Developer shall upon installation or construction of the Site Improvements provide the City with paid invoices reflecting the cost of the Site Improvements in an amount not less than the Reimbursement Amount. Section 3.2. Limitations on Undertaking of the City Notwithstanding the provisions of Sections 3. 1 the City shall have no obligation to the Developer under this Agreement to reimburse the Developer for the reimbursement Amount, if the City, at the time or times such payment is to be made is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured. Section 3.3. Limitation of Costs: Methods of Pavment. (1) The sole source of funds from which the City is obligated to reimburse the Developer for the Reimbursement Amount is limited to Tax Increments and nothing herein shall be construed to obligate the City to use any of its general funds or other municipal funds to reimburse the Developer for such costs. (2) Provided that the Developer has supplied the City paid invoices required by Section 3.1 and no Event of Default shall have occurred and be continuing hereunder, the City shall reimburse the Developer the Reimbursement Amount from Tax Increments in the following manner: On February 1 and August 1 in each year, commencing on August 1, 2003, the City shall pay to the Developer Tax Increments that it received and retained during the preceding 6 month period. Such payments by the City to the Developer shall continue until the earlier of February 1, 2012 or the date that the Developer has received the Reimbursement Amount (the "Termination Date "). Section 3.4. Business Subsidies Act (1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to 1161995 (the "Business Subsidies Act "), the Developer acknowledges and agrees that the amount of the "Business Subsidy" granted to the Developer under this Agreement is the Reimbursement Amount which is the Site Improvements paid by the Developer and reimbursed by Tax Increments and that the Business Subsidy is needed because the Development Property is not sufficiently feasible for the Developer to undertake without the Business Subsidy. The Tax Increment District is an economic development district and the public purpose of the Business 1314616vRED 6 V2 to v1; 8/20 /01 13 Subsidy is to encourage the construction of manufacturing facilities in the City. The Developer agrees that it will meet the following goals (the "Goals ") : It will create at least 30 full time jobs in connection with the development of the Development Property at an hourly wage of at least $15.00 per hour within two years from the "Benefit Date ", which is the date the Development Property is acquired by the Developer. (2) If the Goals are not met, the Developer agrees to repay all or a part of the Business Subsidy to the City, plus interest ( "Interest ") set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date, compounded semiannually. If the Goals are met in part, the Developer will repay a portion of the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a fraction, the numerator of which is the number ofjobs in the Goals which were not created at the wage'level set forth above and the denominator of which is 30 (i.e. number of jobs set forth in the Goals). (3) The Developer agrees to (i) report its progress on achieving the Goals to the City until the Goals are met, or the Business Subsidy is repaid, whichever occurs earlier, (ii) include in the report the information required in Subdivision 7 of the Jobs Act on forms developed by the Minnesota Department of Trade and Economic Development, and (iii) send completed reports to the City. The Developer agrees to file these reports no later than March 1 of each year commencing March 1, 2002, and within 30 days after the deadline for meeting the Goals. The City agrees that if it does not receive the reports, it will mail the Developer a warning within one weep of the required filing date. If within 14 days of the post marked date of the warning the reports are not made, the Developer agrees to pay to the City a penalty of $100 for each subsequent day until the report is filed up to a maximum of $1,000. (4) The Developer agrees to continue operations within the City for at least five (5) years after the Benefit Date. (5) There are no other state or local government agencies providing financial assistance for the Project other than the City. (C) There is no parent corporation of the Developer. 1314616vRED 7 V2 to V1; 8/20/01 14 ARTICLE IV EVENTS OF DEFAULT Section 4.1. Events of Default Defined The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any, one or more of the following events: (a) Failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the Development Property. (b) Failure of the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (c) The holder of any mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a resin of any default under the applicable mortgage documents. (d) If the Developer shall (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the 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 adjudication 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 sixty (60) 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 sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce M such appomtt ent.. Section 4.2. Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of thirty (30) days' written notice to the Developer, but only if the Event of Default has not been cured within said thirty (30) days: (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. 1314616vRED 8 V2 to V1= 8/20/01 15 (b) The City may cancel and rescind the Agreement. (c) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3. No Remedy Exclusive No remedy herein conferred upon or reserved to the nondefaulting panty 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 4.4. 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 4.5. 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. Section 4.6. Indemnification of City (1) The Developer covenants and agrees that the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties ") shall not be liable for and agrees to indemnify 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, provided that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not contemplated by this Agreement. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and ;her agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this 1314616vRED 9 V2 to V1; 8/20/01 16 Agreement but shall, in any event and without regard to any fault on the part of the City, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Project causing the Tax Increment District to not qualify or cease to qualify as an "economic development district" under Section 469.174, Subdivision 12, of the Act or to violate limitations as to the use of Tax Increments as set forth in Section 469.176, Subdivision 4c. (3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City or the City and not of any governing body member, officer, agent, servant or employee of the City. 1314616vRED 10 V2 to VI; 8/20/01 17 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT Section 5.1. The Developer's Option to Terminate This Agreement may be terminated by Developer, if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days, of receipt of such notice, the City has not provided assurances, reasonably satisfactory to the Developer, that such noncompliance will be ,cured as soon as reasonably possible. Section 5.2. Action to Terminate. Termination of this Agreement pursuant to Section 5.1 must be accomplished by written notification by the Developer to the City within sixty (60) days after the date when such option to terminate may first be exercised.. A failure by the Developer to terminate this Agreement within such. period constitutes a waiver by the Developer of its rights to terminate this Agreement due to such occurrence or event. Section 5.3. Effect of Termination If this Agreement is terminated pursuant to this Article V, this Agreement shall be from such date forward null and void and of no further effect; provided, however, the termination of this Agreement shall not affect the rights of either party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by the other party, or to recover amounts .which had accrued and become due and payable as of the date of such. termination. Upon termination of this Agreement pursuant to this Article V, the Developer shall be free to proceed with the Project at its own expense and without regard to the provisions of this Agreement; provided, however, that the City shall have no further obligations to the Developer with respect to reimbursement of the expenses set forth in Section 3.2. 1314616vRED 11 V2 to V1; 8/20/01 ARTICLE VI ADDITIONAL PROVISIONS Section 6.1. Restrictions on Use Until termination of this Agreement, the Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof, that the Developer and such successors and assigns shall operate, or cause to be operated, the Project as a manufacturing facility and shall devote the Development Property to, and in accordance with, the uses specified. in this Agreement. Section 6.2. Conflicts of Interest No member of the governing body or other official of the City or the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 6.3. Titles of Articles and Sections Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Sermon 6.4. Notices and Demands Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of the Developer is addressed to or delivered personally to: Schroeder Milk Co. 2080 Rice Street Maplewood, MN 55113 (b) in the case of the City is addressed to or delivered personally to the City at: City of Maplewood 1830 East County Load E -- Maplewood, MN 55 109 -2702 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 6.5. Counterparts This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 1314616vRED 12 V2 to VI; 8/20/01 19 Section 6.6. Law Governing This Agreement will be governed and construed in accordance with the laws of the State. Section 6.7. Expiration This Agreement shall expire on the Termination Date, unless earlier terminated or rescinded in accordance with its terms. Section 6.8. Provisions Surviving Rescission or Expiration Sections 4.5 and 4.6 shall survive any rescission„ termmation or, expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 6.9. Assignability of Agreement This Agreement may be assigned only with the consent of the City. 1314616vRED 13 V2 to V1; 8/20/01 20 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf, and the Developer has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto affixed, on or as of the date first above written. CITY OF MAPLEWOOD By Its Mayor By Its City Clerk (SEAL) This is a signature page to the Development Agreement by and between the City of Maplewood and Schroeder Milk Co. 1314616vRED 14 V2 to V1; 8/20/01 21 SCBROEDER MILK CO. B Its This is a signature page to the Development Agreement by and between the City of Maplewood and Schroeder Milk Co. 1314616vRED 15 V2 to V1; 8/20/01 22 opil ORI) al I t4 ti) I IIIIAV I IV&# I;Ri" 411.1190 v I) 111) 114 IK I .117PAPAk 1'' 11 MWOP flff MII Ell I "I rall d Oki DRI kI 0 34 104 Dili orm umll PA"Aawrom, r, [rig 11 =1 m rm U>m ImMv-f w i 1k l/ MiatIMMoT-W Mot 1 lt141 1 IL DIO WZY41% 11 OIN (IND 11111 M: IDES) I Iva#] 41413 WFAII Fwaforail'i Mw Utz I 0 -j;J71171MIMs PTIFUT=- i : SCI a I Tv 11timin, M. rig 1 ZAIJMvw;a p 1 1 MITs 311191m, P =1 In ITM I n 0 $me 'I W-1 M I I "M KI Hns 0 In- ;a i t7m i r, MX PA op,,t.,m i i F T i TTo 1 117' 171 IR M U*Z7.3 111111 R) � 8 11111 V's I DES) I W&O WI 0 6WA 11 PWIF T wt I M, 1711 11 10 DIO ARY41 13 ON I (IND C111 W WSJ V W&II-O&I-M-441IJ Mawacalm.11 1 i II I a# ( RIG-11 1-It ID) W 1162 pt iti f W R I WILVAIQ� ' _V _Y 'MMIJaNI F7ownshin 29 Nort Ranine-22- Comm * ! at a naint on the.East line of said West V2of Northwest Quarter 1214 feet Ncudh of the Southeast corner of said West V2of Northwest Quartr,r thence r. West on a straight line 1051 feet to the West line of the West V2. of Nodhwest Ouarter; thence North on the said West line 2QQ thence East = a str * aht line to the East line of said West V2 of Northwest Ouadu at t 200 feet North of the n1ace of beginning: then&,. South on said East line 200 feet to the I dace 1 i li 1 1 iencemeilL W1 ties AR _--the4ts, Le 1 -o- im i I i i i i ITMIII 11IV'IT%01_11IMLI'A'f 7-1_wti7mi it itqfvlo i 141wl tiff "flawfITMIMMI Im,11 DIII R.1 9 34 IOA DI UI W410 1 1' +" Mo FWl M 1 tim4g1 TM il[Irs r;;!j -oiq!-Md P it 'fly *fill MM1 IR I 1 T3 i 1 t 1 91 ITWI 1711,Y41 17= 1 -110 11-0111 1 N 4VOI -111 WPM I t=4 11 W-44 Ow 11: Site Improvements Park Lots Relocate 12" Water Main Site Lighting Cut Back & re- locate fill General Site Prep -- New Building, Concrete Paving 16,500 sf Asphalt Paving 85,000 sf Storm Drainage New 8" Sanitary Sewer Landscaping B -1 1314616vUD V2 to v1; 8/20/01 24 Agenda K�5) Memorandum Action by Council Date TO: Mayor and Councilmembers Endorsed Modified FROM: Richard Fursman, City Manager DATE: August 22, 2001 RE: Cable Commission Resolution The following resolution was passed by the City of Oakdale in January 2001 and is forwarded for your consideration. SUPPORTING ELIMINATION OF THE DUAL VOTING PROCEDURE UTILIZED BY THE RAMVISEY- WASHINGTON CABLE COMMISSION II IN LIEU OF THE PROPORTIONAL /WEIGHTED METHOD OF VOTING. WHEREAS, The Ramsey- Washington Cable Commission II will be considering a proposal to change its voting procedure; and WHEREAS, the City of Maplewood is opposed to the current dual voting procedure that is utilized by the Cable Commission; and WHEREAS, Maplewood believes that weighted/proportional voting represents the most appropriate voting methodology. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood recommends elimination of the dual voting process and supports proportional /weighted voting procedures. NOON, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Maplewood hereby deems that should the voting procedures not be properly modified, the City of Maplewood will have to consider other options with respect to its relationship with the Ramsey - Washington Cable Commission.