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HomeMy WebLinkAbout1994 01-10 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 10 1994 Council Chambers,, M u n i c i p a l Building Meeting No. 94 -01 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Cc ROLL CALL D. _ APPROVAL OF MINUTES 1. Minutes_of Meeting 93 -30 (December 27, 1993) E. APPROVAL OF AGENDA EA. PRESENTATIONS F CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and w i l l be enacted by one motion. There w i l l be no separate discussion on these i tems © If a member of the City Council wishes to discuss an item, that item w i l l be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Conditional Use Permit Review - 1329 White Bear Avenue (Heiny Rental) 3. Preliminary Plat Time Extension: Knollwood Circle (Goff) 4. Preliminary Plat Time Extension: Woodlynn Heights Town Homes No. 7 & No. 8 5. Budget Adjustment - Consulting Building Inspectors 6, Liquor License-, Change of Managers - Chi Chi's G. PUBLIC HEARINGS 1. 7 :00 P.M.: Conditional Use Permit - 1940 County Road D (Circuit City) 2. 7:15 P.M.: Conditional Use Permit Review - Highway 61 Mining (Frattalone) H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS .. 1. Reduced Setback: 1191 South Centur Avenue ( Valiukas ) is. NEW BUSINESS 1. Conditional Use Permit Review: Eastern Hei State Bank (3M) 2. Resolution Providin for the Sale of Open Space Bonds 3. Side Walk Plowin 4. Residential Dedication b Developers (PAC) 5. Ambulance Billin - Minnesota Care Tax 6, Re for Charitable Gamblin Funds_ 7. Annual Desi and Appointments: a, Cit Attorne b. Prosecutin Attorne c. Municipal Le Commission d. Ramse Count Lea of Local Governments e. Cable Commission f, N,E,S,T. g . Suburban Rate Authorit h. Official Newspaper i. Valle Branch Watershed District Technical Advisor Committee jo Actin Ma k. Chamber of Commerce 1. St. Paul Water Treatment Plan Advisor Board m. Fire Stud Committee n. The Partnership 8. Commissions and Boards - Reappointments: ao Plannin Commission b. Communit Desi Review Board c, Human Relations Commission d. Civil Service Commission e. Park and Recreation Commission 9, Ramse Washin Metro Watershed District Commission 10. Rules of Procedure 11. Council Policies 12, Open Space Committee Applicants K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 20 36 40 N. —ADMINISTRATIVE PRESENTATIONS 1, Open Space Pro 2. Schedule Council Workshop N. ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 27, 1993 Council Chambers Municipal Building Meeting No. 93 -30 A. CALL TO ORDER A regular ar meeti n of the City Council. of Maplewood, Minnesota was held in the Council g 9 y Chambers, Municipal Building, and was called to order at 7:OO P.M. by.Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council /Manager Workshop of December 6, 1993 Councilmember Zappa moved to a rove the mi nutes ' of Counci 1 Mana er Meetin of December 6, 1993 as Dresented. Seconded b y Councilmember Carlson Ayes - all 2. Minutes of Meeting 93 -28 (December 13, Councilmember Zappa moved to approve ove ,(December 13, 1993, ) as presented. Seconded by Mayor Bastian 3. Minutes of Meeting 93 -29 (December 13, Councilmember Zappa moved to approve ,(December 13, 1993) as corrected. Page 25, Item M.3.a. - have Seconded by Councilmember Carlson 1993) Special Meeting the minutes of Meeting No. 93 -28 Ayes -- all 1993) - Regular Meeting the .minutes of Meeting No. 93 -29 been discriminated against. Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L -1 Recycling L -2 Sign Ordinance L -3 Mayors Update M -2 Swearing in of New Council M -3 1 -18 -94 Meeting Seconded by Councilmember Zappa Ayes - all EA. PRESENTATIONS NONE 1 12 -27 -93 CONSENT: AG ENDA Councilmember Zappa moved to amend ,Item F -11 - on this and any future well .agreements is the City enters into,�arovision be added to.establish an escrow fund to -cover. the well capping and that the Ci tv .will do the work if the com an has not done. so within three . days of abandonment of the well site and _ use the money in the escrow fund to pay for the capping, Seconded by Councilmember Zappa Ayes - all Mayor Bastian moved the consent agenda i voted on separately) I. approval of Claims - Approved the following claims: ACCOUNTS PAYABLE: $ 611 913.923.41 $1,525,495.10 PAYROLL: $ 202,694.07 56,329.11 $ 305 51,831,341.10 OM.I.r -T-An" Elm Checks #1773 - #1837 Dated 12 -01 -93 thru 12 -15 -93 Checks #11947 - #12077 Dated 12 -27 -93 Total per attached voucher /check register Payroll Chec #38104 thru #38266 Dated 12--17 -93 Payroll Deduction Checks #38271 thru #38288 dated 12 -17 -93 Payroll Checks #38301 thru #38334 Dated 12 -17 -93 Total Payroll GRAND TOTAL 2. 1993 Fire Department Contracts - Fourth Quarter Payments Approved the fourth quarter fire department contract payments based on the 1992 contract, since the 1993 contracts have not been finalized. 3. Redesignation of Depositories for Investments 93 - 12 - 176 REDESIGNATION OF DEPOSITORIES FOR INVESTMENTS FOR 1994 BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the Ci of Maplewood: American National Bank Investors Savings Bank Premier State Bank First Bank Norwest Bank Minneapolis Mi dAmeri ca Bank Twin City Federal Savings 2 12- -27 -93 BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall not exceed the amount of F. D. I . C. or F. S. L. I . C. insurance covering such deposit unless collateral or a bond is furni shed as additional security, and BE IT FURTHER RESOLVED,. that funds in the above depositories may be withdrawn and wire transferred to any other depository of the City by the request of the Finance Director, Assistant Finance Director or Accountants* BE IT FURTHER RESOLVED, that these depository designations are effective until December 31 1996. 4. Financial Transfer to Close Improvement Project 91 -10 Authorized budget adjustments and approved the transfer of x2,878.55 from the Project .91-10 Fund to the Sewer Fund, necessary to close the fund for this project. 5. Open Space Comittee Donation Accepted a donation of $14.43 from the Open Space committee and directed staff to use it for administrative costs associated with purchasing open space. 6. Budget Transfer Request - Legal Authorized a transfer of $20,000 from the Contingency Account, 101- 119 -000- 4910 to the Legal Division, 101 -103 -000 -4480, to cover 1993 legal expenses. 7. Non -Union General Wage Increase VOTED ON SEPARATELY 8. Joint City Council /School Board Meeting Set January 3, 1994, from 6:00 to 8:00 P.M. in the Maplewood Room, for a joint meeting with the District 622 School Board. 9. 1993 Payment to Fire Fighters Relief Association VOTED ON SEPARATELY 10, Park Availability Charge (Commercial and Industrial Property) Authorized continuing the Commercial and Industrial Park Availability Charge at nine percent for 19940 11, Monitoring Well agreement - Southwest Corner of Conway & Carlton Authorized staff to enter into agreements with Pari seau Brothers, Inc. (with the inclusion the escrow provision stated above), Conway Auto Clinic to enable installation of two wells to sample and monitor ground water in the Conway Avenue area, and to sign the Minnesota Department of Health monitoring well permit application after. 3 12 -27 -93 12. Change Order 5 and Final Payment: Project 87 -45, Sterl Street 93 - 12 - 177 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Pro ject 87 -45, Sterling Street /Linwood Avenue Improvements . and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87 -45, Change Order 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 5 in the amount of $10,-902.82. The project budget is amended to $1, 130, 703.00. The project financing is amended as follows:. Special Assessments $ 437 WAC Fund 200 Municipal State Aid _,.4.93_ 100 Total Amended Financing $1,130,730 93 - 12 - 178 ACCEPTANCE OF PROJECT 87 -45 WHEREAS, the City Engineer for the City of Maplewood has determined that City Project 87 -45, Sterling Street /Linwood Avenue Improvements, i complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 87 -45 is complete and maintenance of these improvements i s accepted by the .City. Rel ease of any retai nage� or escrow i s hereby authorized 13. Change of Managers - Applebee's Approved the application of Daniel P. Fisher for an intoxicating liquor license for 3001 White Bear Avenue (Applebeels). 14. Change of Managers - Maplewood Bowl Approved the application of Adeline W. Benjamin for an intoxicating liquor _license for 1955 English Street (Maplewood Bowl). 4 12 -27 -93 15. Certification of Weed Cutting Costs to Property Taxes 93 - 12.- 179 CERTIFICATION OF WEED CUTTING COSTS TO PROPERTY TAXES RESOLVED, that the City Clerk is hereby authorized and directed to - certify to the Auditor of Ramsey County the following charges for weed cutting on the vacant lots at 961 and 968 Connor Street and 957 and 974 Demont Street, - against the tax levy of. said properties for the year 1993, collectible in 1994 and which includes interest at the rate of eight percent (8 %) on the total amount for one year. PIN 09- 29- 22 -21- 0031 -9 $ 48.60 PIN 09- 29- 22 -218M0031 -3 $ 48.60 PIN 09- 29- 22- 24- 0031 -3 $ 481660 PIN 09- 29- 22 -14- 0031 -5 $ 48.60 Total amount to be certified $194o4O 7. Non -Union General Wage Increase Vote on authorizing a 3% general wage increase for all non -union employees, effective 1 -1 -94: Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker 9. 1993 Payment to Fire Fighters Relief Association Vote on approving the 1993 payment to the Maplewood Fire Fighters Relief Association in the amount of $85,604 and approved a transfer of $15,185 from the General Fund Contingency Account to finance the payment Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker G. PUBLIC HEARINGS NONE H. AWARD OF BIDS NONE I UNFINISHED BUSINESS NONE J. NEW BUSINESS NONE K. VISITOR PRESENTATIONS NONE 5 12 -27 -93 L COUNCIL TRESENTATIONS 1. Recycling a. Councilmember Juker stated she had received an insert in. her water b i l l from St. Paul which outlined acceptable recycling items. The items on this list differ from what is acceptable in Maplewood. b. Staff .will investigate, 2. Sign Ordi a. Councilmember Zappa stated he would like to leave the new Council with a challenge: In the south end of Maplewood and at Stillwater & 120 there are several violations of the Sign Ordinance. The realtors have failed comply with the Ordinance, b. Councilmember Zappa suggested an in -house workshop to clarify the requirements of the Sign Ordinance. 3. Mayor's Update a. Mayor Bastian mentioned several items which should be discussed, including. 1.) Snow shoveling 2) Council Policies - will need to be reviewed for updating 3) Need update on court results for 2410 Hazelwood b. _Mayor Bastian stated there is a Mayor's Forum on January 8, 1994 at City Hall, from 10:00 to 12:00. N. ADMINISTRATIVE PRESENTATIONS 1. open Space Update a. Manager McGuire presented the staff report and stated there are nine applicants for the Open Space Committee. 2. Swearing In of Newly Elected Councilmembers a. The swearing in will be scheduled at the January 10, 1994 meeting. 3. January 18, 1994 Council Meeting a. The items which were to be discussed at a meeting on January 18, 1994 will be discussed at the January 10, 1994 meeting. Mayor Bastian took this opportunity to thank the outgoing members of the council, Counci 1 members Juker and Zappa. A salute to the outgoing Counci 1 members will be held on December 29, 1993 at Nickleby's from 5:00 to 8:00 P.M. N. ADJOURNMENT OF MEETING Councilmember Zappa moved to adjourn the meeting. Seconded by Councilmember Juker Ayes - all - - -- ADJOURNED AT 7:34 P.M. Lucille E. Aurelius City Clerk �9 ,A 6 12 -27 -93 AGENDA NO. F -1 AGENDA REPORT TO: City Manager FROM: Finance Director � � � � � , f ✓ RE: APPROVAL OF CLAIMS DATE: January 3, 1994 It is recommended that the Council approve payment of the following claims: ACCOUNTS PAYABLE: $ 647, 895.32 Checks # 1838 thru # 1913 Dated 12 -16 -93 thru 12 -30 -93 $ 65,984.43 Checks # 12084 thru # 12294 Dated 1 -10 -94 $ 713, 879.75 Total Accounts Payable PAYROLL $ 203, 63 8.89 Payroll Checks # 38351 thru # 38532 dated 12 -30 -93 14, 454, 05 Payroll Deduction check #38537 thru # 38543 dated 12 -30 -93 $ 218 Total Payroll 931 - 3 , 972.69 GRAND TOTAL Attached is a detailed listing of these claims. lz Attachments FINANCE/APPRCLM.AGN 2 7 5 7 4 4. "1 4 '6 VOUCHREG CITY OF MAPLEWOOD P A G" E 1 7^ - in� VOUCHER/CHECK REGISTER 2 F -OR PERIO 2 D IZ 3 4 4 VOUCH 5 5 CHECK VENDOR CHECK VENDOR I TEM ITEM CHECK 6 7 6 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 9 8 18. 3 02,0400 1Z/16/93 AIRSIGNAL, INCO PAGER SERVICE FOR DEC 93- 9 PAGER SERVICE FOR DEC 93 .: 4 5:13.1 ZQ .57 e 10 -3 9 11 1 8 541400 12/16/93 MINN. STATE TREASURER STATE DRIVERS LIC FEES PAYABLE 302.00 302 .00 1: 12 s c-G- u tE - 0 . 01 F _U S Pk R M :��A. C o 0 0 0 'r M A r H'Q Zoo 0 I f 0. 9 1.1341 541400 IrZ/16/93 MINN STATE TREASURER M01OR EH L FEES PAYABLE 1. 4 9 00''. 914 0�0 2( tj 21 7 1842 980700 IZ/IT/93 LINDA ZICK TRAVEL & TRAINING 8.Z5 2" 8 SUPPLIES EQUIPMENT 3.18 24 9 24 2E UPPLIES EQUIPMENT 7 0 40 2( S . � 2? 2 REPLEN.ISH -P ETT:Y CASH, 8 5 A 1 PROGRAM SUPPLIES 17.38 29 2 3 SUPPLIES - EQUIPMENT 9.75 3C 2 TRAVEL TRAINING 1.00 31 32 5 1 L_elMc;R_7FETTY -CASH '-�q-'. 33 2 6 0 0 34 VEHICLE ALLOWANCE 6 35 2 t „ 9 7 p :R RA M SUPPLIE 36 2 8 LEGAL & FISCAL 6.00 37 2 9 PROGRAM SUPPLIES 3.22 38 3 SUPPLIES EQUIPMENT 6 . Z 9 39 40 Y W :R 44 41 3 8 z 3 6 - 2 42 3 J. 0 0 43 U r 3 17 /93.Wr PLU.rB.L C E P'ERAr 1843 7 Z MPLOYEE r E D ,:.. 44 PERA CONTRIBUTION 12-03-93 P/R 15 Z45.. 38 27 O,28.68 45 3 5 46 47 3 ­_ I ED. 4 4 541 12/17/93 MINN. STATE TREASURER MOTOR VEH L IC FEES PAYABLE 6 1 334 . Z5 48 3 '7 49 3 8 1 8.4 15 541400 1 Z 17 9 3 L M INN. STATE TREASr 50 -U.R E R STATE DR LIC FEES PAYABLE . 4;: 5 5 1 9 52 7 # r 1 mbi 4 6 '!."533 0 63 8 543 HAAb ELIZABETH RE-I'S'31SUE VOIDED CHEC 4 0 91.61 53 54 2 1 3 4 '7 351225 12/17/93 HORG PATRICK RE-ISSUE VOIDED CHECK# 31429 195-94 195.94 55 56 3 57 4 1848 690415 1 z 17/` 3 OLSON, MARY RE-ISSUE VOIDED CK# 1 gr94L*p 2. 0 0+ 2 58 0 5 59 -1 60 6 51 301040 1 Z 1 /93 GALL, DOUGLAS RE-ISSUE VOIDEDv--CK# 196.27 6 ::.'.86 62.86 61 7 6 1 ,3. 5to 460451 12/17/93 LEAGUE OF MINN. CITIES HANDBOOK FOR MN CITIES 213.00 62 213.00 63 64 9 0 185 1 el 5 0 8 3 5 IZ/17/93 SWEET COMPUTER SERVICE S TRAVEL TRAINING z 0 0 65 66 0 0 67 2 1 5 (.1 BE 0 0 1 17/ 3 P CUDE CORP. z 390 68 Z 390 Z5 69 :3 70 4 1 .'15!. 060300 1 Z 17 9 3 BML BUILDERS REFUND GRADING ESCROW REC 6441-is 19000.00 71 72 0 aqv- 73 71 1.854 190400 IZ/17/93 DEPT. OF NATURAL RESOURSES DNR LICENSE FEES PAYABLE r r 1312.00 74 ?12 00 75 0 VOU :HREG CITY OF MAPLENOOD , PAGE 1: — I ' S- - .6 �., �; �.' V:OU "HER /CHI. = �:.. iEGIST R FOR PERIOD 1Z, V f C - H'l_�_____ CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK NUMBE NUMBER DA'T'E NAME DE AMOUNT AMOUNT 1855s 7 G f�,:�: 1Z }20} t:.s PREMIER DANA F. I . C. A. IZ"-17-93 P /fit 1C. # 989. 14 ' FEDERAL 1, — 1 ? — 3 F' Z9j7Z7 . f.5 8 , FICA :1_fUTRI - UTI.Oi 12 ' Ft 10,989,14 51,705.96 1856 010250 12 / - 20/93 A r (- • S r C. 1'1 . E■ WORKERS COMP 1 ti: 1( - 9. i P l R 9.10 9. 1 0 1 85 7 380ZOZ 1; /ZO/93 IC -MA RETIREMENT TRUST -457 WORKERS COMP 12 17-93 P /R., 65 » 40 65.40 `r1. .�i ;C- ;.I. .. M 1T 11.:, U , ( tt�i IM(i `i C(1 w► COMP '� -- 9::� �:!3. �� 26.48 1859 541 400 12/20/93 MINN. STATE TREAS URER S TA TE DRIV ERS LI C FEES PAYABL 709.25 709.25 1860 541 400 1 2 / `:O /9r� MI NN * STATE MOTOR VEH LIC FEES PAYABLE 1.0 ., 9 39`.0.6 0,_939,..68 ' 1 1 z-/Zo/~ ri ++ F - PERSONAL GALLS 5.62 E F' N E 7 5 r ::� 7 ^ TT � ; RE. 75 85 i TELE 7 5 TELEPHONE 75.85 EPHONE 75.85 TELEPHONE 54.1 S TELEPHONE 55.19 TELEPHONE 1 '14- G ' ` 1 E L» T �1 s.i E Z .. r 9 . TELEPHONE 52 . 08 TELEPHONE 48.70 s T 51:..84. TELEPHONE IELE PHONE TELEPHONE , 1 58040 TELEPHONE 58 r 4G 4 TELEPHONE 7 .5 TELEPHNE 63 . 0.9 _ T ELrF`'I:::rLi � � 58840 TELEPHONE '311.70 TELEPHONE .. f 1 .24 TELEPHONE 57.63 TELEPHONE � .08 T EL E - FRZi 1q _s .. -- z TELEPHONE 54 r l e. 3 TELEPHONE F �:. t►:; J TELEPHONE TELEPHONE 31 2 - • tVOUCHREG p w 1 . �. �. �.: :. ' _ � ,� i G � CITY OF MAP1._EWiiiOD _ ..".: RAGE 3 �s 1868 5414 __ - - -- - - -- - -- - - -- _ —_ __- R7 R �. 17� •' {? .0 28 29 r - �..._.._._ 1869 _ 541'400 _ ,, ,-. 12/22/93 - MINN. STATE TREASURER FOR PERIOD 12 1 G, 087. 30 31 3. • 2 32 1 4 3 4 :. MA �, �S M F SPORTS iij FIC ALS „ 34 � _. ITEM ITEM CHECK 6 7 • 5 CH VENDOR CHECK rt VElDrR DESCRIP AMOUNT AMOUNT $ s NUMBER 254 .00 38 M D N AM E 7 • 15�� 3 D�.0 L�7D 1,�I�.D /. r. ALLIED MEDICAL ACC OUNT CONTROL COMM DUE FOR C.CfL�... AGENCY SEf�V 637 1 f �' ��..17`.1�. 11 8 y 10 ..,��, -. _w� � , i:��? � i�+: �, EET Gt�Mf LITER ERif IC•E,� REPAIR & MA1NT /EQUIPMENT 1 13 11615.82 14 4 � 0 D 1 1.� . 44 iS7 ti « , EQUIPMENT - OFFICE • 1i - - �� 54 0 88 0 r . .� =' {�'� 12/23/: •_ n DEPT. OF REVENUE MINNE D NOV FUEL TAB: �:.�.5 «D�� 265.00 4i 16 12 _MD_l:CARE S 1 �„� D : M CCT AM B9 S iZJ «7D 1�. o °7D 17 /. •- � UPI V �►ITY .tF IWiE.��TA SPEA4�ER . EE LIVE �.�WL PRE ENT lz /Z__l /93 r.. ,7;.� 4 18 13 • 14 15 -� 18x 5 4 1 400 f F 1 M I NN* STATE TREASURE _ STATE SRI JE R LI C FEES F'AYAP'L� �7.:� . 19 �7� 7 a 20 16 • 1 : � 66 541400. 12 /Z 1 /9 3 M I N N . STATE TREASURER MOTOR VEH L.IC FEES PAYABLE F �� 1 « {� 1 F 1 25 0 0 22 23 17 81551.83 5 5i 24 in F iz/28/93 CA : : 2 4Q . 1�``'> 1 D'J 7,4 25 • 20. 21 22 • 23 24 25 • 26 27 2 6 • 29 30 31 • 32 33 34 • 35 36 37 • 38 39 40 • 41 42 43 • 44I 45' 46 • 47 48 49 0 50 51 52 • 51 54 5. • 5( 5 'n, ` � p w 1 . �. �. �.: :. ' _ � ,� i G � UTIG ATION ..".: 26 1868 5414 . 1x/ MINN STATE TREA;�U i R MI STA DR1 L.IG EE.S . PA'�ADZE. �. 17� •' {? .0 28 29 r - �..._.._._ 1869 _ 541'400 _ ,, ,-. 12/22/93 - MINN. STATE TREASURER M OT O R . VEH L IG FEES F'AYAL-.LE 1 0 1 G, 087. 30 31 32 1 .5 10100 .: :. MA �, �S M F SPORTS iij FIC ALS „ 34 �' 1 187 7 140400 1 CLERK . D COURT COUN FILING FEE _W_._ { v. .. 1 . 35 109 ..' C� 36 37 — ,� 18T 541400 .^ =` `,� ; 12/2• /: •_ MINN. S TATE TREASURER STATE DRI VERS LI C FEES PAYABLE 'x.54 254 .00 38 M 4C • • .. f R A, j. L FEES F' Y L " M w '4 5(� 9' � 5o a 42 y _ 1 9040 0 ...-� 1 / 2 �` 3 " '� URS DEPT C F NATU RE� ,, D1�iR LICENSE F 'PAYABLE ,+ 4 � 0 D 1 1.� . 44 iS7 ti « , . _ ...............�........_�.� 137 • _' - - �� 54 0 88 0 r . .� =' {�'� 12/23/: •_ n DEPT. OF REVENUE MINNE D NOV FUEL TAB: �:.�.5 «D�� 265.00 4i 4E 1 6 - • /. •- � UPI V �►ITY .tF IWiE.��TA SPEA4�ER . EE LIVE �.�WL PRE ENT : 5S 4 STATE TR +OJT ATE DhI VERS 1..I G FEES: F'AYAIn' ti.J4' f Ci 5 . 6 j . f.ta 5; 18 5 41 _. 5; 1888 541400 12/Z7/9:3 MINN. STATE TREASURER FEES i�liiTtJR VEN LIC FEE. PAYABLE ;� 5 1 - 8 3 , • -• 81551.83 5 5i 51 F iz/28/93 CA : : 2 ti 5 S 5' iSSc i D1S 1' ;� 12.. S /9S C•1•IOI,. N ETWORK BUSINE ,E � ! H G. D ISTA NOV L � E - 1 '�� • Jy'� _ 1 — 6 ' .. .............._...._._._...... :. .. .._ - - - - -- -- . .W _... F' E R S t � �! A L CALLS L L ,� . +*:, s 1351 681150 12/28/9:3 OFFICEMAX INC. CHAIR - CHG FOR LATE PMT 4.46 6 4.46 6 g 1SS2 54140 'n �-� ", 12/x._/••.. MINN, STATE TREASURER M STATE. DRIVERS LIC: FEES F'AYAr�LE 72��'.�� 729 6 6 W�F .�t C - - 'r' /'�'' /'.� =' hl� ��Ih! « TATS TREASURER T R VEH LIC �-EES PAYABLE �'! - - 1 ._ , -�- . T . 9 1 1 6 3 7 - � i 1;`,cc 2305 1 2/28 /93 E COU LI FIRE D EFT FOURTH - PMT __F r�, 246.00 09 O - ; � s . � ;�UARTER ARTER PMT i 13':. , ,� 30 2 5"`s D ,• 1 �.. / 2ra / ' ". � s`i FI . GL F`C.�UT1 QU A R TE R P �, F , 3 9 - 0 0 _ i � _, r 7 i � rw•_ TFi {�i l is - - - . - _ IVtwtUC:HREG C IT'S OF MAFLEIaiOOD P AGE 4 � 8 VrtUC :H��`�CHECF'�F��- �T�T��� 1 FOR FER1.0D 1 '� 2 3 4 _ V ri E -- 5 s CHECK VENDOR CHECK VENDOR I TEM ITEM CHECK 7 NUMBER NUMBER hl DATE NAME DESCRIPTION _.__ ..�... AMOUNT AMOUNT a 1886 510610 I Z /Ze./9 3 MAI'i,.,EWC.OD FIRE RELIEF ASSN 9Z- PMT TO FIRE: FIGHTERS RELIEF 85,604.00 04..00 10 11 12 1ws:�7 �7D1 1t7 1� %SJ'a�:3 F'ARI:SII�E FIRE DEPT. r F►�UhTH QUARTER PMT 4 M 13 1 4 FOURTH QUA PMT 5 1,845. 5 0 56, . 15 . •_ _ i , .- := 0Tc 1 . /�. f ..a _ �% r (� R EPLENISH � PE TTY 3.r iJ [.7' L1 7.. 'T t 1 '7 17 18 R PETTY CASH... 19 REPLENI PETTY CASH , 78 20 REPLENISH PETTY CASH 22.40 21 REPLENISH PETTY CASH 14.20 22 23 REPLENISH PETTY CASH 2.66 24 1� C7 T r 10 25 FiEP EN SH PETTY CASH -! K 00 26 17 REPLE PE TTY CAS 4836 28 - - REPLENISH PETTY CASH 13.38 29 REPLEN I S 1-I PETTY CASH 7. 00 30 31 REPLENISH PETTY CASH - I D A C T I i #�_ "1 L c. r 33 - - -- -, . — PUBLIC SAFETY CHANGE FUND 34 35 NATURE CENTER CHANGE FUND - t. X74'' 36 i 18 �;; 9 2- 6 0 1 = 5 1;_ / Z 9 19 S F. M. F R A T T A L O N E INC. GRADING & EXCAVATING — PROJECT 87 -45 3 37 3a 39 GRADING & EXCAVATING: — PROJECT 87 -45 w ' 1 1 6 6 . t � to 53,738.46 a0 1 1�. �• /;.. r /., tTNhl, �— -- m r r+ STATE TREA — ,�TA� N OV t�it3V3 93-SURTAX 7 • 41 42 3 N OV M'� SURT 7 CA >R:' 4 -' 7 C� .e 7 44 1 1891 661T 1Z/,::.9/93 NORTHERN STATES F'OAER UTILITIES ZZO :3,51 45 4s 47 UTILITIES 1200 4.7 48 7 , 49 UTILITIE Z74• r � 3 ;.a 5° d y c' 8 UTILITIE S 8 7 7 52 _ r° � -- 0 r .3 53 0 U T I L T I I E S 16:•77 89.17 54 55 1 UTILTIIES 2258 125 . 85 3 UTILTTEES .2464 1 ,, 14 58 59 4 UT ?.74 60 5 - — UTILTTIES 2701 7.60 61 2 6 UTILITIES :'72:5 128. 1 63 7 6' uTILTTIES ' 8 UTILTTIES 1810 397.02 s6 s7 io UTILITIES Z00 r� �• � 1 4c . ., �75 sa UTILITIE '7 b 69 c • 1 _ �� 4 UTILITIES �: 8.16 7a ii UTILTI IES 228 7 72 ,— ,._- ..— ,,.- -- M - _ 74 c 1;= ��1..*' A��u`t =trll 12/2919 3 US POSTMASTER SEWER BILL POSTAGE PERMIT 404.�� z �+t.���y,00 e� �y.:wy,.��tJ -- 76 1 VI ±UCHREG ,_ CITY OF MAFLEikiIwOD PACE 5 _ 2 FOR. PERIOD 1;f' 3 � 3 4 4 =U 5 . 5 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK:: 7 � 7 6 NUM NUMBER DATE NAME D ESCRIPT ION AMOUNT AMOUNT 8 9 7 e 189 3 840604 12/29 ST , PAUL _. POSTMASTER ANNUAL F EE FUR .1994 15 . !� 75 'o � 9 1 ' 4 ( 10 - 2 �'fj `:j - W_.. ;� ST DRIVERS I SEES PAYABLE f�05 .2 6 13 11 14 15 12 1 895 54140 12/2 9/93 MI Nil. STATE TREASUR M01 *OR VEH L IC FEES PAY 11 1 1 , y63 .50 16 � 13 8 9 - 1a 1���? {.,��17JD 5 ;- ,; 3 1� Ic.'� /'�•.� .� NORTHERN it UT ILITIES, S 18ID' STATES F'_i�tER IL E ,. 16 � 7 � 17 18 19 i , 5 U T I L I T I E S . 1600 4 '`�' 27 _ 20 16 U ILITIES M, 21 1 UTILITIES 2268 3 R �' 1 22 48 18 UTILITIES 2500 S.:3 2 4 19 UTILIITES Z050 1. z 52 25 20 _ _ UTLLITIE�. 19 )z ,� 1����,.�� 26 27 21 U TILITI ES 4 < h 7.5� 2.8 27 . : ,, UTILITIES 1315 134.07 30 31 • 24 UTILTIIES 1457 8.48 32 2 5 ;� +. M �� 8 ' 33 2 6 UT 1 751 11 . 1 34 27 UT I I TES► 177L� 126 _. T 1 '= '- - 37 28 zq UTILTIIES 1850 121.7= 38 , 39 36 UTILITIES 1910 1'46.15 a0 3 UTILITIES- 4.9,R1 41 32 U T I L T I I t ,�';'.f: 7 r� U !y 3 1. 43 33 .. ;..�.., - UTILTIIE .�2 (� 10:&: 1 ; 44 ....- ...._....... ::: -... - :.. - ... U t L 1 1 W j 146.17 45 34 35 U TILTI IE5 29 81 13 46 0 47 36 _ UTILITIES .:.'�'� 149.9 48 1.1 S 1W+ ' 37 38 UTILTIIES. 6: 18 1 3 .:71 � 51 UTILTII 1,.: # 7 52 39 0 T 1 E I T I E Sj 1 4 5 Z4 53 40 ar UTILITIES 1845 111.69 54 , 55 4?_ UTILITIE 1 'i 4 2 56 UTILII TES Z01? .7 . 57 �► 43 as UTILTI IES 2101, T � 59 4 45 UTILITIES 240 68 ..1 3 46 �u • 148� 61 4 7 UTILITIE 2 65 9 15 2.70 63 4 48 UTILITIES 1695 1 64 49 ,rs +. 8-, r 65 - i 50 UTILITIES 1944 ss 67 , 51 UTILITIES 1 995 ... j . s8 _. _ ... . s3 UTILITIES 5 28.52 7 0 4 UTILITIES 741 9.0 72 54 �► 56 -� T �• q U I I L 1 E I S' `21.'4 6 1 1" 75 57 ` I ` U T :I L !E•,0 29 r 7 I VOUC:HREG CITY OF MAPLEi�+OOD PAGE 6 1 1 FOR PERIOD IZ 2 3 4 Vial KE // 5 CHECK VENDOR CHECK VENDOR ITEM ITEM CHEC 6 NUMBER NUMBER DATE NAME DESCRIPT AMOUNT AMOUNT 7 8 9 i 'r :1 J o 7 j 30 075 1 /. 0 9, 7� r p GA MD I NQ I MRS A . ++'' �+ A i F E� y�VD. DA S.K.E 2.5. 25. 00 10 11 12 - 1 � 1�12/30/93 TRANSFIGURATION C H U � C H REFUND - CHARITABLE GAMBLING OVERPAYMENT � "=' f' " D 0 389.00 13 14 1-1399 840430 12 / 3 0/ 9 3 S T .PAUL ED UCATI O N F O U N D A T I O N REFUND - CHARITABLE GAMBLING OVERPAYMENT 44 .00 15 44 .0 0 16 1 t� D v 90400 1Z/:30/9.3 DEP O NA TU R A L R►E DNR T -E$ : 3Z: 00 17 .32.0 19 _ .. 1901 f 1 �'C }4DC� 1�:f:�Uf�3 _ - DEFT. �.iF NATURAL FiE�C�UFi3E3 � r DNR LTC. PBL 812. 00 812.00 21 22 1902 541400 12/30 MINN. S TATE TREASURER STATE DRIVERS LI C . PBL r 49 4 . 00 23 4 24 1 903 541400 1Z /30 93 MI NN STATE TREASURER MOTOR V H L IC. PDI.,.. — I Z 1 1 -1 :0 +� 25 I , 11C} , Z6 26 27 28 1904 7 683- PREMIER BANS: F . I . C . A. PBL. 91 298 . 23 29 FED. INCOME TAX PBL 22 _a 30 I- F.I.C.A■ CONTR ' " d y 31 33 + » . ~' /05 ....� .� .. ._ �.4 35f}D _ �. _ .� ... _ /: 1 #Z /30 /f 3 �'1 ("'L ;.;. is WISCONSIN DEFT. �GF' REVENUE STATE I . TAX, I... _ .:r.. .,,37 R 8 0 ;. - :.� ..: .. �� �U 35 36 .. �jJb 025 t -! a:. 30 l •J • r . r • . ',j (�1 t COMP W0RP* FS ' UI'1{ ` s '� a 9 .10 a 1 i� 37 38 i 1907 380199 12/ 30/ 93 ICMA DE FERRED COMP PAYABL 65 . 40 65 .40 40 41 .: 1 908 17 ,, 12 / 0193 HE RITA GE T'AGE BANK W AGE 'DEDUCT 3 AV BONDS ,.M7 D . ' 987 .150 43 s 44 i i 9 - 9 900274 1 /S30/93 UNITED WAY OF THE ST. PAUL P/R DEDUCT PAYABLE 84 .08 842.08 45 46 i 191 7ZZZO O IZ/:30 PUBLIC EMPLOYEE LI FE INSURANCE PBL r :357.00 47 357.00 48 :. 49 �; . 1 11 1 �'.:t�t1 7Z... 1. ' 3U/ / ,.. . PUBLIC. EMPL ... ` PERA . DEDU : 1 , .# ►:. Z5. 50 PERA `.r i..3 N T R I r. DEDUCT 14 43 S w �: '4�, 52 PERA DEDUCT PBL r 31 243 .15 53 PERA CONTRI . DEDUCT. 4, Z«6.97 33,486.69 54 55, 561 _., . Z ` ` 57 58 _ 151: 14D4DD _ .. IZ /30/9 3 _ CLERK OF DISTRICT QURT � CNTY DR IVERS L IC o. P13L I JZ . 5� �f D 59 1 41 � 60 - 61 i 1 :.='1 o 01007'5 01/10/94 A-1 HYDRALIC SALES & SERVICE REPAIR & MA INT /VEHICLE 330.75 330.75 62 63 9 �.� - C_ } 1 l 1 t A CE HAR SUPPLI J IT .l A . _ 1 :, 64 65 0 — —- 67 1 Z 1 Z 0ZQ0Z!5 01/ VOID ss 2 69 3 12213 OZO1Z5 01/10/94 ADVANCED BUSINESS S OLUTIONS E - PURCH 309 309.'23 70 71 4 72 5 it �..} �... of 4 J ` _... ..- .-- ...- 1 i 1 tJ I . ». -_.. __. ..,. -.. _ _ ._- _ _ R T 1. __ _ _ '— __ _ -.--• • _ __ _ __ - ....w...,•. -.r -,. .- ....- .....,. ... ..... ........ -... �.. 1�} 1 49t . 00 Rt �:� � 73 74 6 7 1 ZZ 15 0 21 7 0 0 01/1 A OIL CO. F }.l 28.2 75 2 '_' .2 1 _ 76 40 1 ' V i�� 1 C H F,' E G C CAF_ MAPLE�_It�OD PAGE 7 �a 1'r:./ _ - E G E REG VOUCHER/CHE •t � 2 FOR PERIOD' 1� 2 3 W W 4 Vt_t0C•HER/ 5 5 CHECK; VENDOR CHECK VENDOR ITEM ITEM 6 CHECK 7 6 DUM NUM DATE NAME D AMOUNT AMO UNT 8 7 8 1 0130400 .01/10/94 ANDERSON CAROLE VEHICLE ALLOWANCE c.c.s r 346 9 z0 r 536 10 11 9 10 1ff1?' t:�:�t",�r, 5 tai /1�� /'=�4 r_j ANDREWS, �C: TT A TRAVEL & TRAINING '}• 1 ��w�( 1 2 13 11 TRAVEL. & TRAINING 23.76 14 15 12 rt; TRAVEL `' TRAINING �••� w� _ ��•� •8 1 6 13 14 1 1 3 - -- + 40 915 01 / 10/94 AR:NALS . AUTO SERV ICE RE �: `MA INT /VEHICLE 456 6T . 17 1 8 15 R EPAI R ti I� /V _ .4 r 3 40 8 1 r f 20 16 17 12219 042025 01/10/94 ASIAN GANG INVESTIGATORS ASSOC TRAVEL ��: TRAINING ZOO .00 21 ZOO .00 22 23 18 24 2 21 0 S ,.: �. _ •. 25 19 t.. 26 20 21 12221 0 01/ 10/94 AURE LU CILLE : SUPPLIES OFFIC 27 i r TFcAVEL •: TF�ATNING �i 6 h �• F 29 22 23 VEHICLE ALLOWANCE 33.80 •'� 7i r5to 30 31 24 32 � 122 5 /, 4 �, S D L. L I �"' T � 33 25 2 - ,� 34 26 r 1�.,_�:3 061000 01/10/x'4 �_ t BANICK J OH _. FILER FIXED BILLI K 9 P OF - 3 r . -: t s6 2 7 37 28 29 12244 071 310 01/10/94 BEST LOCKING SYSTEMS OF MPLS r SVAL.L TOOLS 14.21 14.21 3 a 39 30 ' 40 31 1ZZ25 OT1423 01/40/94 BESTv WEt-TER:N-1 �} TRAVEE I& 41 42 33 1 2 2 26 0 7160 0 � U 1/ 14� /" 4 � BIG BO L R E A I R B . E� U 1 PMEl� S U P PLI E S '�... ............................_.. � 2 f � � +t� r 7'»r 44 45 34 35 1 2227' c��;c.�'� 00 01/1 BOARD OF DATER COMMISSIONERS NOV 93 1830 E CO RD B 33.56 47 47 �6 N 93 190 E CO E D B 14. 59 4 83 .1 5 48 49 37 i �.. G 2•''" C S 1 150 01 / 10/94` Bt -HL J OHN CAN J. NE. HANDLER '•- RE 4 A.I NEl� S5 r 0D 35.00 50 38 39 40 - - — - - - - -- -- - V oi d 53 54 41 42 1:230 09080 01/10/94 BREHEIM HEATING INC. REPAIR & MAINT /BLDG & GROUNDS 5T.00 55 56 R.� R EPA r , GROUN MAINT/BLDG, 43 58 44 a5 1':�:.� i �3:�14 5i 01 /10/.` 4 BRUEN WILLI H. �, s THI U DEC 1'�: r= w 7 5 .�1 59 61: S w 7 5+ so 61 12232 101350 01/10/94 BUILDERS SQUARE MAINTENANCE MATERIAL 24 63 47 4A SUPPLIES — EQUIPMENT 74.43 99 64 - 65 4Q 50 'S .... r...e �.. 12233 33 1 1 0390 01/10/94 CAPITOL RU BER STAMP` COMPANY SUPPLIES - OFFICE a �, Z r„i r 6 :3 .� �r r r 6 t r. 66 Cr. 5..r 3 67 52 1222- 0 � - i�15 ..................t� �/ J �� �� �r �� � � � 1 W lF w - 1 i' 1 !1 I ���.� ��r ' MAINTENANCE t . . .. ... .. ..... . 1 rwt r .-! 68 . / i r •-j 69 70 53 12235 1 10607 01/ CA RVER GEN REPAI INC. REP :y MA IN / VEHICLE 916-90 91 �� . 72 Sa - -- ---- -- 73 55 _ __- 1;�Z36 _ _ l 2 010 1 _ - - 01/10/94 CEDAR COMPUTER SUPPLI �- EQUIPMENT 125;11 74 74 7 j 56 57 SUP PLIES - E QUIPMENT 4 1 V 1 � - �.7 �+ 76 • 26 27 28 0 29 30 31 0 32 33 34 0 35 36 37 • 38 39 4C 041 4 4 0 44 4E 4E • M 4E 4� • 5( 5' 5t' 5 , 5! A 1ZZ44 ZVOUCHREG 6 01/10/94 EAST SIDE CARQUEST SUPPLIES VEHICLE CITY OF MAPLEWOOD 35 36 PAGE 8 7� 1 O'C"R - E R7 -C -H E T"T *,'- R E -6 1 T E 3 y(/ Si 3 - V 1 27 , . - 1 —cil VU • 2 131.97 37 FOR PER IO IZ 2 38 1 2-'Z 4 5 231525 01/10/94 EDEN SYSTEMS, INC. EQUIPMENT OFFICE 675.00 3 3 Z60 01/10/94 FINA. L.UBE REPAIR M 4! 9 Q ..� 41 ..-1 90 42 4 4 vou - -RECY(.;L 43 44 lZZ4T 5 • 5 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK 6 7 6 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 8 7 49 1ZZ49 370080 01/10/94 Void • 8 1 si-!Z I Z(.-)375 ()1/10/94 CELLULAR ONE CELLULAR PHONE USE 154 0,� 10 54 1 53 12250 370100 01/10/94 TELEPHONE PROGRAM SUPPLIES 28.06 12 ZZ51 390100 01/10/94 INDEPENDENT SCHOOL DIST. #6ZZ PUBLISHING 8 1 190.32 13 10 PUBLISHING 131.87 60 14 15 12 1221 150200 01/10/94 COLLINS, KENNETH V. TRAVEL TRAINING 935.70 400735 16 13 TELEPHONE 68.50 62 68.50 63 64 TF�WVEU :982 37 17 14 400950 01110/94 JEAN THORNE TEMPORARY SERVICE 18 19 15 1 Z Z .1.50 00 01/10/94 Cfj- MMISSIONER OF TRANSPORTATION OUTSIDE ENGINEERING FEES 245.0 445 20 16 • 1 2,2`4 0 152300 01/10/94 COPY DUPLICATING PROD. DUPLICATING COSTS 392.83 392.83 21 22 17 70 23 18 01/10/94 LABOR RELATIONS ASSOCIATES, IN SERVICES RE: LELS ARB OCT 9-S 4 7' =' 0 71 478.50 24 19 25 1 4'OL 4 404#8 • 20 I 12256 460IL60 01/10/94 LAKE ELM'--' PLUMBING HEATING REPAIR MAINI'*/L--.LDG GROUNDS 26 27 21 12,24Z 1.80975 01/10/94 :DANIELS CONSTRUCTION BUILDING IMPROVEMENT Z+ff, . 0 O L 28 22 • 23 IZZ43 Z103Z5 01/10/94 Void 24 • 26 27 28 0 29 30 31 0 32 33 34 0 35 36 37 • 38 39 4C 041 4 4 0 44 4E 4E • M 4E 4� • 5( 5' 5t' 5 , 5! I zzr -1 4 IQ I QQ tat /IV / 1-It-Lih wUUU"4AN NhNl WAFLK4 vml I-Ul-( Nut lut ul- romr-1--m I y I mr% 40 A 1ZZ44 Z306T!5 01/10/94 EAST SIDE CARQUEST SUPPLIES VEHICLE 106-59� 35 36 "UP PLIES VLH I-C-LE 131.97 37 38 1 2-'Z 4 5 231525 01/10/94 EDEN SYSTEMS, INC. EQUIPMENT OFFICE 675.00 39 675.00 40 IZZ46 Z60 01/10/94 FINA. L.UBE REPAIR M 4! 9 Q ..� 41 ..-1 90 42 -RECY(.;L 43 44 lZZ4T 310650 01710/94 GOPHER DISFUSAL NOV I Nb 16 16,145.10 45 46 12248 351300 01/10/94 HORSNELL, JUDITH VEHICLE ALLOWANCE 21.27 21.27 47 48 49 1ZZ49 370080 01/10/94 Void 50 51 52 54 1 53 12250 370100 01/10/94 HUTCH INSON, ANN PROGRAM SUPPLIES 28.06 28.06 55 56 ZZ51 390100 01/10/94 INDEPENDENT SCHOOL DIST. #6ZZ PUBLISHING .50.00 57 58 59 PUBLISHING 131.87 60 PUBEI L, ING br) • 0( 4 T 61 12252 400735 01/10/94 JWP TELECOM INC. TELEPHONE 68.50 62 68.50 63 64 400950 01110/94 JEAN THORNE TEMPORARY SERVICE TEMP SERVICE FOR SECRETARY . 0 .53 6.0 .5-3 66 67 68 0 4 1 N' --P-R-Cl -GR-AjT—r0rU-p7 r rf i.. 69 70 1 --/! 5 450200 01/10/94 LABOR RELATIONS ASSOCIATES, IN SERVICES RE: LELS ARB OCT 9-S 4 7' =' 0 71 478.50 I 12256 460IL60 01/10/94 LAKE ELM'--' PLUMBING HEATING REPAIR MAINI'*/L--.LDG GROUNDS 4 ,_. 5.00 465-00 N 76 I zzr -1 4 IQ I QQ tat /IV / 1-It-Lih wUUU"4AN NhNl WAFLK4 vml I-Ul-( Nut lut ul- romr-1--m I y I mr% 40 i t II /IVr_tUCH> EG — CITY OF .MAF'LEI OOD y PAGE 9 8 1 i 1 C E-1 FOR PERIOD 1 2 � 2 3 4 3 .. _ 1 1 1i 5 ' ITEM C:HEC:} s � / s CHECK VENDOR CHECK VEND ITEM 6 N UM B ER N UMBER DAT DAME DESCR IPT I O N AMOUNT AMOUNT 9 7 r �" CA '.! ,y.03 • f v i i a":. « t wi t0 0 1 8 1 2258 50002 01/10/ M-� SIGN COMPANY S IGMT► 11 _ 12 9 4 . . ...... _, ry to l A +:,+ EEN EF -1 I PME T 'F E -- VEH I C E : . 10 � � �..... / 1 14 / 15 I 12 12260 50150 0 1 /1 0 /94 1MAGL IC:H , GRI ETC H EN B. VEHICLE A LLOWANCE 1 =� . � � i 6 PROGRAMr SUPPLIES 13 18 1s to �,� r PRO ' S ERVI CE S AUDIT t.� :tit } "DC y DDC�. ;t 2 15 12261 5115 40 0 1 / 1 0 / .• 4 {MARW I C V, j_ PEAT _. ..... W y - - 21 16 _._- ......Y.__.._.. ___. ._._- I. 53 05 00 ,Y � S -- VEHICLE 82.30 2'3 � 17 1 ::�•� • 01 / 10/ 94 MENARDS SMALL TOOLS 79.08 24 18 MAIN AN> _- M ATERIA L : D ;,-r 25 19 ` 7,4 1 «41 2s ,�MAL :L: "T+C� �L . _ J ?.7 20 ` 28 _. 22 ' r,.,:, F1:-'�F t 1 - /10 :�4 Mil PETROLEUM S BALANCE DUE ON NEW FUEL TANKS '� �'''' "�� � _ 30 31 23 r ..- : . , - S S E IN C. S C•. RE L�: MAIN1 /VEHICLE . 32 2ti D0 ���. 24 1 ; _, : i - .4 570050 I 1 C1 /'� MOBILE LE EMEF,GE ,:,Y�TL M,:, 3 — mm 34 ru r. : ."' fw t l L 4r .r R E P A I R ��! 1'I A I N T' / lrf L D G b+l G R O U N D �.? �. +��. •.. r 4J Ll 3r, 2s 12!Z 660060 01 / 1 0 /94 Nt0R :DLING CONSTRUCT 3N �_ . 36 27 349 , w 3 1 ('� UTIL ITIES DEC: :� . 1 ;r, 66cam,c /1 _��:� c_�� 0/94 NC +Rl H ST. PAUL CITY _F ,��� . 37 za .j . _ I UTILITIES DEC 93 1 t : ?. 1 3S7 "`'' 384 7 ; 39 NORT HERN C+GLS - 18 ,091 q, r J ,� HYDRAULI NG. 12271 ­ T 01 /10/'= 4 PLAZA TIRE AN SERVIC INC _ REPAIR ��: MAINT /VEHICLE E ��;rULFMENT - OTHER 1582 ..60 d: 4< 1 4 : 6. 5 r.: 617' 5, 5 01/16/94 NORTHERN STATES POWER UTILITIE 7�� t Si.a ■_,tip 4f N O V+ RISK M C M' "I 1 113 C. ^+ N U UL T I l C N� UTILITIES * r�, 4 4. 4f _ - 1 n - N n L ON ,1 AN �. D I :: 40 t '40 M d� 10 . , _ _01/10/94 51 5 ......:: c 4 fiHDTC TC? G�� 122 71 1500 01 / 10/ _ �-r+ F H A f S � _r PRINTS : �+ «7 •: . L. 5 ` 1 5: - 7 5 1 _ . � . r 12271 7 1 :111 01 /10/'= 4 PLAZA TIRE AN SERVIC INC _ REPAIR ��: MAINT /VEHICLE 92.24 `2. 56 57 12272 _ TZ076� 01/10/ PREFERRED RIUF': CONSULTANTS N O V+ RISK M C M' "I 1 113 C. ^+ N U UL T I l C N� 17,0 t� 0 - 17 « �.� t 5 i 60 _ _ _ 4 12 0th _01/10/94 _. _ RA I hiL-.OW FCiCiDS FR SUPPLIES - 71.88 71-88 61 63 . f. 1427'4 T41600 01/10/94 RAMSEY COUNTY LEGA N OTICES 1 , 59T "T4 1. s 59T «T4 64 65 - - — 12275 — 750250 - 01 R ED BALLOON B'OOKSHOP DOOK S r 66 67 68 'w r,� T; ta. t�ti t71 /1t:�/ W ,:,►�t OFFICE PRODUCTS INC. _ CfFFICE 6s SUPPLIES -- OFFICE 3.28 71 SUPPLIES — OFFICE 57.54 72 - ill - OFFI - JY EQUI 205 _ 73 • EQUIPMENT — OFF I CE 1 55 " `;15 74 � 75 SU W OFFI { __ , , LIE t , ;_,F,� -- OFFICE UF _ _ 1 f",�' - t--�- �VOUCHRE� _ CITY OF MAPLE1�OOD - t FADE 10 i 1 � �a 1 ./: �, /':: - 5 ViaUCHER /CHECK. REGISTER 1 2 FOR PERIOD 12 1 • 3 4 V OO CHER / CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK s + NUMBER NUMBER DATE NAME DESCRIPTI AMOUN.T AMOUNT 8 SUPPL I Ea - OFFICE _ 9 10 11 UP F'�, -I - OFFI 8 ., 05 ,2 SUPPLIES - OFF ICE 1167 .5 13 SUPPLIES - O FFICE 17 . ZT- 14 15 S - OFF ICE I C:E 1 1.86- 16 UP P I E l�FF I _ 1 r3 . ? " 4 .16 17 18 ii r• a •ry� -� - - - c �•: �' /'..�.. - i:' P . i �� 1 ./1:0 / 94 . i FF I.11'if� •+ �'!f.Ail.Y -�' . .. :.'. MAINTENAN MA 1 ERIAL J� • 1 X17 •i.r �".a" ,l ZO 21 r _ r, 831505 f. t S E R VICE S r� 01/10/ 4 S PECIALTY R ADI O S E `i VICE� hEPAIR 'x MAINT /RADif.� 71.1 78.81 22 23 24 .: .-.; .. . _....._ +» " "i � � J 1 E � �'.,..... 14 -gyp �-�^-^� -�-'- j -�-- -�•�-�- ��� �r ;� t �-- •....._�.....,....,,....- .- --.. � ��� �i. E � "' � ��.t�� _ 1 r �"� J. w : � w 25 26 •- z 1 �.,� � � 84 9 tt & I.T, . t� 11 �. s� / � �• : � T . P' A U�. E J U 1 � �.. � T � T ON UN IFORMS. CL'TH '. 7 27 29 1 ;1 840405 01/10/94 ST. PAUL, CITY OF RADIO MAINTENANCE NOV 93 ; 47 .5; 31 3i R ADIO M NOV ' 93 33 . T 5 32 t - ��• - — _ _ ,. FADI I MAI JT NA VCE N4 301 «5 33 S EPT �j .. .J i,. O CT .� :I' ,� C/A _ 7 . D : i� , 4:, «t. 34 35 36 7 .� t t., . 5 r t 01/10/94 � ,:�U��LY •- t r _ E E NT SU +; +U Phi! 1 .7 � 1 1�' .7 3� 3a 9 _ r -, r, _ _ t_t _ 0 1/10/ 9 4 ETREICH.ERS GUNS SUPPLIES - RANGE � t 4 _�� 39 X41 _ . ... 42 2 3._ • 4 0 00 t- . C..UPP��,?Et', � 1 / �. �. / �� �UPERARE � . A 1 t :. 1 «:+ 43 44 :. 4 FUEL 1 � � FUEL 'SC OIL 15 5 •� • � Pf �+ 5 w � �+ 45 6 4 5 48 _ _ , _ , - ;., - , ^" °"' ^ • �; �«�y �r� ~ �w iii Pte.. -1 _...__. T ^ t� :. r « ' �.. 49 50 SUPPLIES - .JANITORIAL 4 . :U 1 1$ MAINTENANCE MATERI CM f. 457 • 52 19 53 10 t1 1 t..Z 88 0501 TREAD JAY GRAPHIC 0 1/10/94 PROGRAM SUPPLIES I ES 1 965 .30' 1 54 55 56 t2 r 'TT i1 i�F 1r l 4.1. 1�� 1'! i� R: H -4 3 • 58 t3 to ._.. -: , , 15 8 $Z "o 01/10/:4 TWIN CITIES TRAN$PORT AND TOW ME�►IC 4t. Vi . " ��• so 16 -•; - ''800 �3�.:.. 01/10/94 TWIN CIT Y TRANSPORT TOW �c�.c:��� Cy.DtJ 62 63 17 64 48 �Z: 9 0 j8—T� �`.► (jC -�-^--�— { "} "i t�7 .�»�,� � '► E F` A� �1� �i%��T�L E �E � sr7 � f`i � T --�,, � 0 65 49 50 TRAVEL �'►: TRAINING Z36.,�� 00 r �1 .:. V 68 51 ': 5 . i i a �J t �i�T1 / �� 171�f a ' !�1 U{��►f I `T` E Ohl I 1� M `" :: C L �! f tai C; .� (,r � 6 69 71 UNIFORMS & CLOTHING 1;�; =1 w:�;1 1 UNIFORMS & CLOTHING 8 72 _ 73 UNIF ORM .a: i.. L is T H I tit to w , Z ,.} � x 7�-4. 74 7 ;t> UNIFORMS CLOTH ING 1 78 . 87 � -- 76 1 � 1 VC-tUC•HREG CITY OF MAPLEWOOD PAGE 11 2 FOR PERIOD 12 2 1 3 3 4 5 p�; 4 5 CHECK VENDOR CHECK VENDOR I TEM ITEM CHECK 6 6 NUMB _ NUMBER BATE NAME DES CRIPTION AMOUNT AMOUNT ' a 7 8 UHIrM :";: C:Lr +T :H IIV f r_D.� 1 7.: « 9 10 11 9 10 - 5� 0 - 07 VI 1 1+,�, i 1 6- 11.171 1 2 11 14 12 12 940700 0 11101 94 WESCO REPAIR & CIAINT /BLDG; & GROUNDS 92. 89 15 13 14 �.s 8 , ,.► 44 19, .. 3 7 1 R ? 15 1 2294 9 41 075 01 / 10/ 9- 4 WE S U PP L Y I NC: M AP LEW (30D SUPPLIE EQU'IpMENT :9. 20 16 SUPPLIES T Q U 1 P 0 f) 21 17 22 w 2.3 18 $707239.56 74 25 19 TOTAL CHECKS 20 26 ?7 21 22 28 29 23 3 31 1 24 32 IMF 25 26 33 34 � 35 27 _ _ 36 28 37 38 29 39 30 40 31 3 2 42 43 33 34 w 44 45 35 46 ! 47 36 48 37 38 : 50 ; S 1 39 4v_ ....... 52 w 40 41 53 54 { 55 42 56 43 44 ." 57 58 � 59 45 60 61 46 4 62 1 63 64 • 48 4 9 50 65 66 � 67 51 68 • 52 53 69 70 71 54 72 55 73 7:1 0J6 75 57 1 ._ ,...._. _ VGUCHREG C ITY OF MAF'LENC_1OD F'AGE 1 � r - .1 w / 0 I ' j ,= ',_.. '� _� . _.,_..... _ _ _ T_ __. ^ _.__. _ - - ....�__V t � U C H_E R / C H E C: K REGISTER _ _ _ /8 ' FOR PER'I1.7iD 14 1 2 3 VO UCHE R/ _ 3 4 4 CHECK K VENDOR CHECK VENDOR ITEM ITEM CHECK 5 5 NUMBER NUMBER DATE. NAME DESCRIPTION AMOUNT AMOUNT 6 6 1 8 7 _1 w0's4 370076 01/10/94 HUGHES COSTELLO PROSECUTION SERVICES 4 500 1 - 9 8 J W , P TE4E(;*OM I TE ..EF'H�� E �' ,�, A hlT ; 650 .7 12 10 13 i s 1 20 81 1 500325 D1 / 1 0/94 M. A. U. M . A . MEMBERSHIP � � t � 0 1a 11 ANNUAL 25.00 15 12 _ 16 ,3 12087 530700 01/10/94 METRO AREA: MANAraiE LENT ASSN MAMA MEMBERSHIP 0UES FlJF�. I�a9 �5.�.�D '�� . 0 0 cisx 11 Z5 14 ,S _ I r2l. 0 8 8 p. 530902 01/10/5�4 F�! 4T / w•!i!� R. �` E A- 1' aM/ H 11 O: �! M1« jw� R.. s w� Rw. M 1r� two ZO 16 21 1/ 1 2089 540850 01/1 MINN. DEFT. OF AGRICULTURE APPLICATOR LICENSE FOR 1994 1:.0 10.0 22 tt3, 23 24 1 2090 551125 01 hI 1. N A T I V E PLANT S OC IETY i1t1 E i �. E. R ,., H] F 1 4 2t 3 , i 0 c O .00 25 Zi} ! 26 21 21 1 Z t. 91 t� 0 01 /10/94 I±rI U T �'J .Ft U L � ,;, _ ,,, � �, ,..._ A, 1NG : RE PAIR I.. MAINT /RA:I4`x.� � 7 U � .� � 76.4�� �71� «�•_� 28 29 1'3 12092 6.3 0740 01/10/94 NATIONAL ENVIRONMENTAL HEALTH NEHA MEMBERSHIP 1/94 70 .00 70.00 30 24 31 _ 32 25 1 �:U'f 3 84060 0 "'T . FA L �' NE I�RL S UB T, :� .'7 r' 33 S U Q _ E R S SUB T _ DAIL �: � .� : � / � .� � �:. �:�'t� 16 SU T DA ILY PA M r R.�, 34 .. ► ,. .. t 1 .00 35 21 _ 36 26 12094 : +00825 01/10/94 UNIVERSITY OF MINNESOTA 1r, t:0 31 TUITION — ANNUAL JUVENILE OFFICER INSTITUTE 33 320.00 30 TUITION — ANNUAL JUVENILE OFFICER INSTITUTE 39 31 ;. 41 2 t:� TOTAL CHECKS ��, 4 0 « 1 `� 42 }3 33 .: 144 54 71 13 � 57 75 _ 76 CITY OF MAPLEWOOD 000 I EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD 101231 003836 I 12/30/93 G I NA CASAREZ 6100 12 ............ . ... .. ... . .... ... .. ........ . 25 10 ...... .. ... ... ... ... ... .. .. ........ .. .. .......... ... .... ... ....... .......... .. ....... ... . ... ... . ... ....... .. ....... ... ... .......... . ..... ......... ..... . ... .... .. 27: ......... . ........ r-. et -2. n -a. .47 %J I I= 1 . ..... .... .. '* !"I 0038364 12/30/93 lj.',,EN' T I LLGES 64,13 ... . .. .. .... ..... . ... ........ .. BREG .. . ....... . .. ..... ... .. ..... -K A R'BK I* `P�l E 70 31 R. .... ...... .. . ...... ... . ........ 32 ........ ...... ......... ... ... ..... ..... .......... .......... . ... . .. ...... ... ... ............ 1351 00:381:367 12/30/93 ANDREA J OSTER I I i 9 ZA I C-) 0 .. .. . .. ...... .. ..... ........ .. ........ ...... . ..... . ...... .. ... .. .... 37 .......... /'30/9 W 1� LL I` K*1K.1-s . ... .... .... ..... .... 38 ... ....... .. ...... ........ . ............ 3 ......... !- .r! rn.. 4-:. -!"_i '�e% 4 ..... . 101411 0038370 12/30/3 LINDA ZICK 4 ' 0038376 12/30/93 DELORES A VIGNALO 1 1 050, 00 1 RVLE- D-E-RS-ON� 'C1038377. ........... .. .... .. .. . .. .......... ........ ... ... .... . .... ....... .... .. 40 2 .. ............ .. ... ....... 3 .. ...... .. . .. .. ........ .... 4 5 0038.352 286a 27 7 .. .. .... .... ....... ....... GEO CHi .6 8 .......... 9 -4 00385*5 . ... ... .. .. .... ... . .... .. GARY W ........ .. 32 10 Oil 0038355 12/30/93 286. 27 12 13 ......... . .. . 003 5 6-":. . ...... .. ...... . . ..... ...... .... .. ...... ... ....... .. ... ....... . .. AN AMT ONSE... 14 .74 . ..... . ................. 15 .................. .. . ... ........... .. .. . . ...... .... ... ... .. . 16 017 0038358 / 1 2260 11 18 19 . ....... .. ...... ... ....... .............. .. . 20 ..... ..... . . . ....... ...... .. .. . ... .. ...... . . ...... ......... . ... . ...... . .... . . ...... .... .... 21 101231 003836 I 12/30/93 G I NA CASAREZ 6100 12 ............ . ... .. ... . .... ... .. ........ . 25 10 ...... .. ... ... ... ... ... .. .. ........ .. .. .......... ... .... ... ....... .......... .. ....... ... . ... ... . ... ....... .. ....... ... ... .......... . ..... ......... ..... . ... .... .. 27: ......... . ........ r-. et -2. n -a. .47 %J I I= 1 . ..... .... .. '* !"I 0038364 12/30/93 lj.',,EN' T I LLGES 64,13 ... . .. .. .... ..... . ... ........ .. BREG .. . ....... . .. ..... ... .. ..... -K A R'BK I* `P�l E 70 31 R. .... ...... .. . ...... ... . ........ 32 ........ ...... ......... ... ... ..... ..... .......... .......... . ... . .. ...... ... ... ............ 1351 00:381:367 12/30/93 ANDREA J OSTER I I i 9 ZA I C-) 0 .. .. . .. ...... .. ..... ........ .. ........ ...... . ..... . ...... .. ... .. .... 37 .......... /'30/9 W 1� LL I` K*1K.1-s . ... .... .... ..... .... 38 ... ....... .. ...... ........ . ............ 3 ......... !- .r! rn.. 4-:. -!"_i '�e% 4 ..... . 101411 0038370 12/30/3 LINDA ZICK 4 ' 0038376 12/30/93 DELORES A VIGNALO 1 1 050, 00 1 RVLE- D-E-RS-ON� 'C1038377. ........... .. .... .. .. . .. .......... ........ ... ... .... . .... ....... .... .. 40 CITY OF MAPLEWOOD 0002 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD 31 . . . . . . . . . . . . 4 ....... ... . ..... .. .... .... ... .... . ...... .. 32 . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . .. . 0038394 12/30/93 CAROL F MART INSON 1 306. 24 37 X 7 . .. .... . 5: 2�- 00363 �ANTHD 38 . . . . . . . . . . . . . . . .. . . . . . . . . . I . . .. . ... . .. . . . . . . . . . . . ... . . 39 4 W :r e 1= � 4 1 0038397 12/30/93 VE r RNON T STILL 1, 642a 10 43 . . . . . . . . . . . A LD: 38398.— 1 30193'."". 44+ Mw M ". 45 JA ck I Xt l.k No T. bAC 0 C 0� 47 0038400 12/30/93 SCOTT L STEFFEN 1 697a38 48 . . . . . . .. .... 49 . .. ..... .... 003 3- DR la ARNO ni;��i ... ........ 50 .. .............. ..... .... . ... ... T M. I%Lt:: 51 j� j'.j 52 54 0038403 12/30/93 JOHN C BOHL 55 US: 0038+404: . ........ . . 56 . ....... ... 57 I 1 8 04. 95 ... ....... 640.42- .. ....... ... 2 U . 'r , Ifti, %No dr if Am- Omsk a tw.-Ar- - 1 41 ft" -w .. . ....... ........ . .... .. . ...... jr, 3 . .... . .... ..... . ........... . ............... 4 . . . . . . . . . . . . . ....... . . 4 5 0038379 12/30/93 1.100 86 7 8 .. ....... . 9 C3 :4 c4 i .......... ..... . PA I ... . ...... .. 10 a loll 11307s5l 12 13 14 30/ 93 ..... .. ..... .......... } fi r • _ ; .. ONN 1E.: ......... .. .... .. 7 0 1- 55 '._... C � ...... ... . ... .. . ....... .... .. 16 lab I— F umf 4w 17 0038385 12/30/93 I 11 60 18 19 20 0038386. .. . . . . . . . . . . . . . . . . . . . . . . . . . 1. 3::: 30 ...... .... .. ... ..... ............... ... . . .. ..... ... .. .. .. .. ....... . . ........ . .................. ..... ..... .. .... . . .. ..... . .. ............ . ..... ..... ... . . ... . . ....... . . . . . . . ..... . ... . . . . ... . ... . . . .... .. . . . . . . . . . . . . . . . . . . . .. . . . 21 31 . . . . . . . . . . . . 4 ....... ... . ..... .. .... .... ... .... . ...... .. 32 . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . .. . 0038394 12/30/93 CAROL F MART INSON 1 306. 24 37 X 7 . .. .... . 5: 2�- 00363 �ANTHD 38 . . . . . . . . . . . . . . . .. . . . . . . . . . I . . .. . ... . .. . . . . . . . . . . . ... . . 39 4 W :r e 1= � 4 1 0038397 12/30/93 VE r RNON T STILL 1, 642a 10 43 . . . . . . . . . . . A LD: 38398.— 1 30193'."". 44+ Mw M ". 45 JA ck I Xt l.k No T. bAC 0 C 0� 47 0038400 12/30/93 SCOTT L STEFFEN 1 697a38 48 . . . . . . .. .... 49 . .. ..... .... 003 3- DR la ARNO ni;��i ... ........ 50 .. .............. ..... .... . ... ... T M. I%Lt:: 51 j� j'.j 52 54 0038403 12/30/93 JOHN C BOHL 55 US: 0038+404: . ........ . . 56 . ....... ... 57 I 1 8 04. 95 ... ....... 640.42- .. ....... ... CITY OF,MAPLEWOOD 0003 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD 11 0038409 12/30/93 THOMAS J SZCZEPANSKI 1 6500 35 12 . ....... ... 4`4703`84 1 .. .... . . . . .. .......... -HL . .. ...... . . . . . ........ 1:�: 694 16 17 0038412 12/30/93 DALE RAZSKAZOFF 11 872. 37 18 003:6443.... . . . ........ .. ... .. ........ M LCHAEL:-� R:yAf4::-` ........ ... .. ..... . .. ... ...... ... .. .... ....... .. . ... ... ..... .. .... .. ....... . . ..... . .. .... .... ..... .... . .... ...... ......... 211 0038418 12/30/93 RONALD D BECKER 11 702w 64 ........... ...... ... ..... .... ...... ........... . .. ... .. .. 0(338-4 19 KEV1N:: R"HALWES 2 32 .. .. . ........... 14* 33[.. 40-3.5 0038421 12/30/93 RICK A BOWMAN 11687,10 36 . ..... ....... ....... .. ........ ...... ... . . ..... ..... 4 37 -T- D.:.o�-..K:A.-R'l S+ 0( G-804-22— 12:13 -.,�-.93 FLI N . .... ... .. . .. ..... ... . ... . . . . . . . .. ... ............ . . . . .. 38 ... ..... .. . . . . . . . . ..... .. . . . . . . . . . . . . . . . . . . . . ...... ... ... . .. . . . . . . . ...... ... . . .. 39 j c I �ftw Ir -w New I I— a q fa�f 'V 1w 9 1 db 41 W '01"1 0038424 12 /30 / 93 JOHN FRASE R 1 1-868a 58 .. . ....... 43. 842 D V1 MA THLLA."', . ..... 1 66,6:: * 44 1451% I -A 14a A •mir— i Co 7 t"* i iM "7 L(C*t J T ht ri rt M M C *r- "r 61171 CA -138427 1a/30/93 VIRGINIA DOWDLE l,j758,56 CITY OF MAPLEWOOD .0004 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT '^' � PERIOD �r�) 0038442 12/30/93 JOSEPH FEHR 28 1,274.65 -- 0038445 12/30/93 JUDITH WEGWERTH 708. 11 30 31 32 33 TI: ir 35 0038448 12/30/93 WILLIAM PRIEFER 11438n8O36 37 38 39 42 43 p LU 44 093,814"'-111 'R ID: 0038454 12/30/93 HENRY F KLAUSING 0038455- SCrHM 50 L 0038457 12/30/93 ERICK D OSWALD 55 00384543. ERG RONALD L. FRE]b 56 10 1,308.41 Uof- 51 6 0038433 12/30/93 1,3 109a 20 10 a 0036436 1 220w 40 110 84 14 17 0038439 12 30 93 635a87 21 0038442 12/30/93 JOSEPH FEHR 28 1,274.65 -- 0038445 12/30/93 JUDITH WEGWERTH 708. 11 30 31 32 33 TI: ir 35 0038448 12/30/93 WILLIAM PRIEFER 11438n8O36 37 38 39 42 43 p LU 44 093,814"'-111 'R ID: 0038454 12/30/93 HENRY F KLAUSING 0038455- SCrHM 50 L 0038457 12/30/93 ERICK D OSWALD 55 00384543. ERG RONALD L. FRE]b 56 10 1,308.41 CITY OF MAPLEWOOD 0 f0 0 5 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD 17293,20 ' 7 6C ... ... ..... ma: ... . . ...... • 23 0038469 12/30/93 LOIS J BRENNER 1,3 286, 28 24 ............ :,3 . ..... .. . ..... .. .... .. .. : 8470.- '2130/493 BAR. K ...... ... .... . ....... . .. . .... 40- 26 . . .... .. . . . a w . . . . . . . . . . . . . . . r . . . . 27 :1 a r 4 'nf 1�t:: . T . . . . . . . . . . . . . ... . . . .. . . . 12- _Q, A -11 4=,.r ........ 2 9 0038472 12/30/93 LUTHER JONES 83w20 31 . ...... ......... . .0/93 MAR. G-A RE -TKUNDE ... .. .... ... ............. .. ... ...... . 4W 32 . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . 33Q) JL . ..... . . . . . . ti4- Rrj&&RT' 8: -38 34 10311 0038475 12/30/93 DENNIS P LINDORFF lj 254m 80 37 L .... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 003BL4:76 I R L AN, S ... ;,H ....... ..... .... ....... L ..... . 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39x. . . . . . . . . . . . . . . . .. ... www of we lwa�' Wb %.e AV W 40 41 0 038478 12/30/93 MARK A MARUSKA 11 755n27 Alp., . ... ...... . ...... . K -C E SC H -INDE LDE 4 45 46, So 47 0038481 12/30/93 GARY HINNENKAMP 48 69-0 a so. 49 U �9� 0 30193 00:38482 12: Ml�CHAE'L L A V A Q E . ......... 50' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 S;t 4. lr*t elk "A-- 4m A 0: �7- 4 Ci !T Tri fk LCO 'oe.,t2 t v et�kt 91131 0038484 12/30/93' JEAN NELSON a 568,09 . . . . . . . . . . . 55. . . . . . . . . . . . . . . . . . . -UD I TH A., 'HORSNE.L .. ....... .. .:."0038485 1. 0/*g" -J 866,w.-: 52- 5 6 W.' . . . . . . . . . . .. . . . . . . . . . . . . . 57 a 7. %"e to A. WAV I .... .... ... t a aft V �tl;:....:.. -... ....... .. . . . ....... C.'. blow aoiw& . ., , I . . . . .. .. :- . . .... . ...... .. ..... . ............ . ......... .... .... ... ..:>:.:...,..>;. a 2 . ..... 3 . ... . ...... . 406 . . ..... ....... alm* .............. ... ... . . . . .... ..... .. .. . ........ . ... ..... . ..... .. uftlp U. -F —r I" 5 0038460 12/30/93 RANDAL LINDBLOM 11293.20 6 7 .0 .... ..... .. .. ...... .... .. . .... ..... TjQ-a M ES 6 AS 4: f: 5" . . . . . . . . . . . . . . .... ...... . . . . . . . . . .. .... .. .... . . . . . . . . . . . . .......... ... . . . . . . . . . . . . . . . . . . . . . p . . . w . .... . .. . ........ .. .. .... ..... .... . ... 9 ........ ... 10 b.r L 10 a11 00 38463 12/30/ 93 DENNIS L PECK 1 5 1 20 12 13 C)038464.9.... . . . . . . . . . . . . .... . . . . . . . . . .. . . . . . WILL .44 PRTEI; m . .... . 8:0: 1 46&L. 14 . .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 a . . . . . . . . . . . . a a e. . . . . . . . . . . . . . . . . . . . . . . . . o w . . . . . I J.e*j M Inc. t c— j'. 17293,20 ' 7 6C ... ... ..... ma: ... . . ...... • 23 0038469 12/30/93 LOIS J BRENNER 1,3 286, 28 24 ............ :,3 . ..... .. . ..... .. .... .. .. : 8470.- '2130/493 BAR. K ...... ... .... . ....... . .. . .... 40- 26 . . .... .. . . . a w . . . . . . . . . . . . . . . r . . . . 27 :1 a r 4 'nf 1�t:: . T . . . . . . . . . . . . . ... . . . .. . . . 12- _Q, A -11 4=,.r ........ 2 9 0038472 12/30/93 LUTHER JONES 83w20 31 . ...... ......... . .0/93 MAR. G-A RE -TKUNDE ... .. .... ... ............. .. ... ...... . 4W 32 . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . 33Q) JL . ..... . . . . . . ti4- Rrj&&RT' 8: -38 34 10311 0038475 12/30/93 DENNIS P LINDORFF lj 254m 80 37 L .... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 003BL4:76 I R L AN, S ... ;,H ....... ..... .... ....... L ..... . 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39x. . . . . . . . . . . . . . . . .. ... www of we lwa�' Wb %.e AV W 40 41 0 038478 12/30/93 MARK A MARUSKA 11 755n27 Alp., . ... ...... . ...... . K -C E SC H -INDE LDE 4 45 46, So 47 0038481 12/30/93 GARY HINNENKAMP 48 69-0 a so. 49 U �9� 0 30193 00:38482 12: Ml�CHAE'L L A V A Q E . ......... 50' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 S;t 4. lr*t elk "A-- 4m A 0: �7- 4 Ci !T Tri fk LCO 'oe.,t2 t v et�kt 91131 0038484 12/30/93' JEAN NELSON a 568,09 . . . . . . . . . . . 55. . . . . . . . . . . . . . . . . . . -UD I TH A., 'HORSNE.L .. ....... .. .:."0038485 1. 0/*g" -J 866,w.-: 52- 5 6 W.' . . . . . . . . . . .. . . . . . . . . . . . . . 57 a 7. p C%T� OF 0006 EMPLOYEE GRO Ll�l FOR THE CURRENT PAY PERIOD lb 0038499 12/30/93 DANIEL FEUCHT 71.50 0038502 12/30/93 TANIA CHASE 76.00 ' L7 1 0038508 12/30L/93 60,000 0038511 12/30/93 LAURIE ZABEk. 162.50 �1� 4w 5 0038487 1 67, 50L 4w 0038490 I 21 187. 72 12 4w 22 4 w 23[] 0038496 12/30/93NICHOLAS N CARVER 11475.60 0038499 12/30/93 DANIEL FEUCHT 71.50 0038502 12/30/93 TANIA CHASE 76.00 ' L7 1 0038508 12/30L/93 60,000 0038511 12/30/93 LAURIE ZABEk. 162.50 CITY OF MAPLEWOOD 0007 EMPLOYEE GROSS EARNINGS AND PAY ROLL DEDUCT ION CHECKS FOR THE CURRENT PAY PERIOD . . . . . . . . . . . 013 a 0 1 . . ....... . 31 . . . .. . . . RE - 30 -1 83.3 ............. ..... Ift 32 .. N6, 3 3 S n 0038529 12/30/93 DENNIS M MULVANEY 1,739868c) . . . . . . . . . . . . .. .. .... . . . . . . 37 3 GE . . . . . . . . . . . I 6L 00 a ... ... .... .. ...... ...... . ft 38 % . . . . . . . . . . . I 39 . . . . . . . Jf 7 rt- --rt r A '"n 4� . ....... ... Ill 1411 0038532 12/30/93 ELIZABETH J WEILAND f* I 1 064 a 02 43 p . . . . . ... . .. o"X.. w AT E SA .8" 4 31+ -APLEWOOD ST N 1�. -5-3 D M 2-0/9-3 Q 44 (136. da 45 . ......... V %.f -A- Af 3: 2:4- a0 -w ST 14 T 1411 0038535 VOID I iR / 30/ 9:3 FIRST MINNESOTA (FICA) 48 9,5 10 1 a 24 49 SS�OC . . . . . . . . . . 0 4-- E 11. R E ME N T. 5,$ PUSL Ef P 3 D- V -0-I 50 . .... .. . ..... M T n -7 53 0038536 VOID 12/30/93 FIRST MINNESOTA 674n22 54 55 1.4 H PAUL:.:. 44 0 S ..... !'UNIX TED W:AY:-��.. OF'' T E' V I a 30 9L 3 385X5 56 1 57[ 23 0 3 8 5 23 -7 1 573* 91 24 2::*", . .. ... ....... . . . . .... . . . 25 0038524: ... 3 1-: 91 5 5 4 ft ... ... 4 r 4r� s... fw? A L. Jr 1%.If ;J %.j 1%. r- r7 1 % I L -.L 1-f . . . . . . . o W E A-, I A I Uso 9 4 4 5 (3038514 12/30/93 ANNA MART INUCCI 1 19,r 50 121 6 0038526 12/ 30/93 DAVID B EDSON 11 3 14. 76 7 Tl -:-X Loo -,00 8 .. .. . .. .... ...... . ... .. . . . . . . . . 9 X I E W f (".L Rals :7 E) 10 1141 lmflll� .0; 11 0038517 12/ 30/ 93 HAROLD W SCHULTZ I I I 15 4 5 12 13 C)LC)3 8.!5. 1 J3. 2. ....... ........ . ..... .. ... F V: I N' K 1 N+ SE. 14 1 5 4 6 16 60 44 17 0038520 12/30/93 JUSTIN PIEHOWSKI 9 0 0 18 .9 . . . . . . . . . . . . I'D'.-, T . ... ..... . . . .... . . . . . . . .. . ... ......... ....... 20 . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 -w I I ....... .... . .. . .... .... ... ............ . ...... . . . . . . . . . . ...... 21 -f C1 2 2 c - 1 2;*z 3 /93 ...... .. ..... 446,;;- 40, . . . . . . . . . . . 013 a 0 1 . . ....... . 31 . . . .. . . . RE - 30 -1 83.3 ............. ..... Ift 32 .. N6, 3 3 S n 0038529 12/30/93 DENNIS M MULVANEY 1,739868c) . . . . . . . . . . . . .. .. .... . . . . . . 37 3 GE . . . . . . . . . . . I 6L 00 a ... ... .... .. ...... ...... . ft 38 % . . . . . . . . . . . I 39 . . . . . . . Jf 7 rt- --rt r A '"n 4� . ....... ... Ill 1411 0038532 12/30/93 ELIZABETH J WEILAND f* I 1 064 a 02 43 p . . . . . ... . .. o"X.. w AT E SA .8" 4 31+ -APLEWOOD ST N 1�. -5-3 D M 2-0/9-3 Q 44 (136. da 45 . ......... V %.f -A- Af 3: 2:4- a0 -w ST 14 T 1411 0038535 VOID I iR / 30/ 9:3 FIRST MINNESOTA (FICA) 48 9,5 10 1 a 24 49 SS�OC . . . . . . . . . . 0 4-- E 11. R E ME N T. 5,$ PUSL Ef P 3 D- V -0-I 50 . .... .. . ..... M T n -7 53 0038536 VOID 12/30/93 FIRST MINNESOTA 674n22 54 55 1.4 H PAUL:.:. 44 0 S ..... !'UNIX TED W:AY:-��.. OF'' T E' V I a 30 9L 3 385X5 56 1 57[ 23 0 3 8 5 23 12 30 93 DOUGLAS J TAUBMAN 1 573* 91 24 25 0038524: ... Al ... ..... l:' -.0 8' 1-: 91 5 5 4 ft 26.- 27 . . . . . . . o W E A-, I A I Uso 9 4 4 28 121 0038526 12/ 30/93 DAVID B EDSON 11 3 14. 76 . . . . . . . . . . . 013 a 0 1 . . ....... . 31 . . . .. . . . RE - 30 -1 83.3 ............. ..... Ift 32 .. N6, 3 3 S n 0038529 12/30/93 DENNIS M MULVANEY 1,739868c) . . . . . . . . . . . . .. .. .... . . . . . . 37 3 GE . . . . . . . . . . . I 6L 00 a ... ... .... .. ...... ...... . ft 38 % . . . . . . . . . . . I 39 . . . . . . . Jf 7 rt- --rt r A '"n 4� . ....... ... Ill 1411 0038532 12/30/93 ELIZABETH J WEILAND f* I 1 064 a 02 43 p . . . . . ... . .. o"X.. w AT E SA .8" 4 31+ -APLEWOOD ST N 1�. -5-3 D M 2-0/9-3 Q 44 (136. da 45 . ......... V %.f -A- Af 3: 2:4- a0 -w ST 14 T 1411 0038535 VOID I iR / 30/ 9:3 FIRST MINNESOTA (FICA) 48 9,5 10 1 a 24 49 SS�OC . . . . . . . . . . 0 4-- E 11. R E ME N T. 5,$ PUSL Ef P 3 D- V -0-I 50 . .... .. . ..... M T n -7 53 0038536 VOID 12/30/93 FIRST MINNESOTA 674n22 54 55 1.4 H PAUL:.:. 44 0 S ..... !'UNIX TED W:AY:-��.. OF'' T E' V I a 30 9L 3 385X5 56 1 57[ ' CITY OFMAPLEWOOD EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS h./ FOR THE CURRENT PAY PERIOD .0008 664.11 m 0038547 VOID 12/30/93 FIRST MINNESOTA (FICA) 9,j 100 a 55 23 0038550 VOID 12/30/93 PUBLIC EMP RETIREMENT ASSOC 61 ... IT 4z"-) o" 824 25 ''�EARN I NGS." AND- DEDUCT 1 -ONS: 35' 27 30 38 44 32 45 37 38 44 43 50 44 45 46 47 49 50 MEMORANDUM TO.: City Manager FROM: Chris McGlincey, Planning Intern SUBJECT. Conditional Use Permit Review LOCATION: 1829 White Bear Avenue DATE: December 293, 1993. INTRODUCTION 9M Action 'by Co-un.31 Ji Re e c t e Date— The ate The conditional use permit (CUP) at 1829 White Bear Avenue is due for review. (See the maps on pages 2 and 3.) The CUP is for an equipment rental business. This property is in a neighborhood zoned and planned for residential use. BACKGROUND On October 5, 1961, the City Council granted the original CUP. On July 24, 1980, the Council renewed the CUP for three years, subject to three conditions. (See page 4.) On October 28 1980 the Community Design Review Board (CDRB) approved the site > tY plan. f On October 10, 1983, the Council renewed the CUP for five years, subject to the 1980 conditions. On October 25, 1988, the CDRB reviewed a site plan revision. The revised. plan had part of the parking lot encroaching into the right-of-way. The CDRB required the removal of this encroachment, and that this area be planted with sod by May 15, 1989. On November 14, 1988, the Council renewed the CUP for five years, subject to the 1980 conditions. DISCUSSION The Hejnys are meeting the CUP conditions. RECOMMENDATION Review this permit again in five years. go/b-6:hejnycup.mem mb\mem\hejnycup Attachments: 1. Location Map 2. Property Line/Zoning Map 3. 7-24-80 Council Minutes Crwo I _ SEN i�j v � R Attachment 1 N N ' O E,DGD*LL RD. oEMoHr AvE m eRooxsww� AVE G s��s � AVE SEX TAUT 1 � r RViVS t; AVE )- GER1/NS bi Ia GERVNS —.j GR/W WIEW AVE ZW CT. VIKING pR, Y SHERREN AVE. ' COPE Kn labs AVE. v U � � � AVE LARK Av AVE. RD. H � LAURIE RC. Ll UWRIE � RD. c� z�• SMID URST z AVE)N AVE � � Z 8 iii � CO. R0. AVE.� � BURKE AVE. � BURKE AVE 1 �r LA.� ELDR IOCE AVE NVE. BELMOPR AVE Q4 AVE SKILLMAN AVE. FMRRlS AVE�� 40 � � R05E1M000 AVE b Yt�N iii0 MI AY. � ! AVE S. AVE. El �• r 65 •• • . •. AV E. O H- v 6 AVEV su 3 8 1 E AVE. W a . tip LEY oC _ Lo , • (� W D ... OPHI A 5T. v PRICE �►� • t • • Oo • all 00 Its 000 SAINT PAUL �• r 65 •• • . •. EL9� �!y 7H�-•- A — �' �► •; • GERVAIS AVE. •'00 ,• •• CASA AVE• P. ,o tA5iLE A `' V COPE AVE J ff yj u►uRnE .Ro. -i > 13 Cs 65 is � •�Q�1ti •��.. f . Caw i+en RAMSEY�CpOyUMY �Y NUR GCROUlr 1LDRICN , GOODRICH � COURSE �. W QP RIPLEY AVE KINGSTON AVE. W � PRICE AVE t -.I LOCATION MAP 2 a 43 CZl) 14 � y o .�°' � - ,� • X81) � �10 .Oto LC no t � 8 49 Com) 49k). 44 'Ct>ti.04 00 (+5) - (7) LA 4G) 2 (44 .._._._ `3...a. �? Z g g. 8 7 v' 7 47 (74) (131) .� (73) (49} o In _ 46 (om) --.-� ��.�2_.� _,r. -__.._._•- 2 9- 10-0 -----_, • 45 6 t r •`TI a -1521 -- 44 7 , _—� (53) 0 IN_ 10 V1 rs�•) o n 17 Cao) �0 (ss) 42 (6 �5g) o ---- (G B) ` Ln (r00) i�; R�l Le, (Gr) �.J 5.72 - --- - ' ,3 a 72 sc �ro7 (G Z) i' �-q (64? Attachment 2 50 y `"I 2) i � .o 39) i -� Oil _ �ti o 76. ■ o (3?) 1 ZINO. O 4 O � • 45 4:0 (35)03 0 3�) i o (33) (7) v°+ (32) 5 (g) Q 0 4 ra (31) (30} c +�5ro 7 (10) 0 (V) 2 Cu) 00 o° aw. (2S) - 29!-,. 0(Z�) 1849 2 .42 _..� Loll (23) `t....._ r --,� - -- _ 100183-1 8 �, .. 295.• � • 1832 Color :. I (n 182629 1�0 2 C3 fw� 181 t -�•) �z1 , (IGS 180' 1799 i $ o- " Zes.37 (41) W (40) cc 36 15 m ul Q 2.9S_B re- < (3) _ __--- .35--- - - - 2 LU LnZ9s.S; l` (C.) Zg_ g3tn to PROPERTY LINE / ZONING MAP M yg m (W5) LC no ZL21=8 2 - -_►ate ,� - -s�A 25 3 7 (1&3,) t - (7) LA 2 (44 .._._._ `3...a. �? Z g g. 8 7 ri 12 (47j (131) .� VN • ,. 35 � t i (5) s (?9) (so) IN_ 10 17 Attachment 2 50 y `"I 2) i � .o 39) i -� Oil _ �ti o 76. ■ o (3?) 1 ZINO. O 4 O � • 45 4:0 (35)03 0 3�) i o (33) (7) v°+ (32) 5 (g) Q 0 4 ra (31) (30} c +�5ro 7 (10) 0 (V) 2 Cu) 00 o° aw. (2S) - 29!-,. 0(Z�) 1849 2 .42 _..� Loll (23) `t....._ r --,� - -- _ 100183-1 8 �, .. 295.• � • 1832 Color :. I (n 182629 1�0 2 C3 fw� 181 t -�•) �z1 , (IGS 180' 1799 i $ o- " Zes.37 (41) W (40) cc 36 15 m ul Q 2.9S_B re- < (3) _ __--- .35--- - - - 2 LU LnZ9s.S; l` (C.) Zg_ g3tn to PROPERTY LINE / ZONING MAP M Attachment 3 3. Special Use Permit Renewal - 1829 White Bear Avenue - He8 n _ , ~ � Y .15 a. Mayor Greavu convened the meeting for a public hearing regarding tb, of a Special Use Permit for Hejny Rental, 1829 White Bear Avenue of P Review, hearing was in order and published in the Maplewood aet. . b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission rec 1. 2. 3 Dedication of 10.5 feet of additional right-of-way to accommodate expansion of White. Bear Avenue; t4 i� All vehicles and equipment shall be parked so as to maintain a 15 toot 6"10 back from the White Bear Avenue right-of-way; Within three months of renewal, an acceptable site plan shall have bees submitted to the Community Design Review Board for lots 11 and 12 block I. Garden Acres. The site plan shall be consistent with City site desi "pON - e quirements, commonly required by similar business {i. e. , paved dri parking lot, curbing, landsca and screening). � ping, All permanent bp are to be completed within three years of the date of this renewal.' Renewal of the permit is recomanended, because: 1. The use is consistent with the Land Use Plan for the area. 2. The original permit and use were effective prior to the adoption of t* existing code. Commissioner Howard seconded. Ayes all." d. Mrs. Dorothy Hejny, 1829 White Bear Avenue, spoke on behalf of the prapaml- eo Mayor Greavu ,asked for persons who wished to be heard for or against cbf -� proposal. The following were heard: Mr. Mike DeCorsey, attorney representing Mr. Robert Hulke, owner of pn' at 1831 White Bear Avenue; Mr. Tony Grotsina, 1812 Flandrau. f. Mayor Greavu closed the public hearing. g. Councilman Nelson introduced the following resolution and moved. it: 80-)-161 WHEREAS, the Council of the City of Maplewood, acting on its own iaitistlw as provided under Section 911.101 of the Municipal Code of the City of PAP I for the property described as follows Lot 11 and 120 Block I, Garden Acres which has been proposed for Special Use Permit, 4 1/24 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Preliminary Plat Time Extension PROJECT: Knollwood Circle Addition LOCATION: Cyprus Street, south of County Road C DATE: December 30, 1993 INTRODUCTION s /0W dop 3 Endorsed...--.. ],effected Date Pat Goff, from Goff Homes, Inc., is requesting a one-year time extension for a 14 -lot preliminary plat. The name of the project is the Knollwood Circle Addition. Mr. Goff expects to build the development in 1994. BACKGROUND On December 15, 1988, the City Council approved the preliminary plat, subject to several conditions. The Council also changed the zoning map for the site from F (farm residence) to R-1 (single dwellings). On December 12, 1989, December 10, 1990, January 13, 1992, and January 11, 1993, the Council approved one-year time extensions for the plat. DISCUSSION There have not been any changes to the City Code or the neighborhood that warrant changing or ending the plat. RECOMMENDATION Approve a one-year time -extension for the Knollwood Circle Addition preliminary plat. This time -extension shall be subject to the December 15, 1988 conditions of approval. go/b-6:knollwd.mem (9) Attachments: 1. Location Map 2. Property Line/zoning Map 3. Preliminary Plat 4. 12-15-88 Council Minutes Attachment 1 •'• • � LYOIA qb AVE ti ' • • , .:r. ...ar. ' M 8EAM So � .,... 40 IWC Mn me t3eNfs fr ��'°M� v W LJ*.':. �J kotUww. AVE. aim J oouHrr kayo �" c 32 ALVV%W OR OR PALM� ....... � S iIEIODNN OR •. + CT. .4 D64MIE POA Awl CO AVE 0 J,• � A o CA: Gf1NNS AVE. Y fKWysip go SH 00640.se V ....". � ;:.: ' � v � COPE VIKING OR � Kehr I � o CO. g 1J1U1gE Cr. �i � tF1AND RC. y► CL JUNC110N AVE ft1lME CT. BURKE (1) f'HAl19ER5 STpwk AVE o ` EIDRIOCE � AV � ILA, � Et�R IDCE LOCATION MAP 2 Attachment 2 COWN 0*1 �A b MOAD om 4t 1%i630. 3 .. IBS . 100 0� r � 934 2629 _ . X988 3:oc Kw Imomm- 970 2 619 .•..�....:..•.: 2620 ::•:•::• ...•.•.� : S R .............. . ; ::• •• :•:: 2613 •••' o . . s o ... ........:•. ........ 2611- ..�: N 5 ...:.... O ................... .... 2605 .:.•. •.•. � :•. ; . ..: ...... � ., •.. DIS ' �w . .. ......:::...: 26 4, :......... .. ...... t a ...... .......... ....... ... Ltd • • ............ ... •.. .......... ;:�4� �� ,• 02597 0© 259fi Z � KNOLLWOOD:.,0.2595_ago i a 025 3 2586:::-;...•.•.... _ .. ..•. Q) o • • ......•. •.... ... 2591 M - ,�3 5 S6SC .. ...... .............. ....:.......... to. 2579. ..........:...•...•..•.:.:....•.....•..•...•...•....•..•..:.:..•::............:..:.,. 2 57 g: .: : : low (3) mo— •.•.:.•:.• .. :�.�.•.•.............. ........................... 4 2571 4 :�................. ........................... , 574 ........................................ .........................................• 2579 ..................... ................ Ir . . . . . . ... d �� .. v 25 ..: •.•.•.•.•.•......•.. .... . GSR ,No ..•....•.•.....•...•........:...•...;.::.•............... .. ................. .... ................... .... s• ............. ..: ............ ................ •' 2 571 o O Tt•� 936 �' 37 3f. ? 3.10 34.2. i3 3 13 •; r) `�`its-sf n 1 �.. 981 33r? ` 2 � 2540 •- 0 aCONNOR AVE. J 10 lv� f0 L, � E o 2529 2530 Q' g _ i44, I- 1 � 1 Q 5) • � (o, (I AE, 6 �"" S o AN 30 . 1 s, .r0 , f ti (''�P. O �t O < < v 1 •3 G Q ,•� 2517 2519 �- ,- . - 040 2 — -- 1 &.0 10 7 in •� � o .c 0 C o ,+ 9 10 11 , (7) �11) _ (., , 3 E. C2 8i off 10 100 740 7 i &!F.58 1OU 5 C� (3) o � . 7s ,3 O ►EMONT' AVE 09 W �. X82.75 7t .2s X 9.31 13' r' O 24 0 n os a (1) 4 — x:51) �4.} o t o 23 21;e T 4 f s �, h .."Mm PROPERTY LINE. ZONING MAP 3 Attachment 3 SITE PLAN PRELIMINARY PLAT - (APPROVED(APPROVED12-15.88) 4 Attachment 4 5. Mayor Greavu moved to apvrove the Knollwood Circle Preliminary Plat, subject to the following conditions: a.. The following conditions must be met before final plat approval: 1. City staff approval of final grading, erosion control, utility, drainage, street and tree preservation plans. The storm sewer plan shall address the localized flooding problem that occurs in the vicinity of proposed lot one. 2. The development shall comply with the tree preservation re- quirements of the Environmental Protection Ordinance. At least 65 existing or newly planted trees shall be on the site when construction is complete. 3. Submit a signed developer's agreement with the required surety for all required public improvements. 4. Correct the legal description. b. Any grading or extraction of sand or gravel must comply with the City's mineral and soil excavations and extractions ordinance (Chapter 36, Article IV), with the following exceptions and additions. 1. Site grading within thirty feet of an adjoining property line shall not commence until all of the sand and gravel excavation activity has ceased, as determined by the City Engineer, except that no grading or excavation shall be permitted within thirty feet of the west property line. 2. No noise from equipment is permitted before 8:00 A.M. or after 4:00 P.M. No activity is permitted on Saturdays, Sundays or holidays. 3. Soil material shall not be tracked onto Cypress Street or County Road C. 4. Submit a $5,000 letter of credit and a signed mineral extraction agreement to the City Engineer, as -directed by Section 36-412 of City code. 5. Submit'a schedule for the duration of all grading and gravel extraction activity on this site. This schedule shall address erosion control, extraction, rehabilitation, rough and final grading. Seconded by Councilmember Anderson. Ayes - all. 12/15�� 5 _� MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Preliminary Plat Time Extension PROJECT: Woodlynn Heights Townhomes Numbers 7 & 8 LOCATION: Woodlynn Avenue, west of McKnight Road DATE: December 30, 1993 INTRODUCTION �c00 y r Action by `-ounalI� Endorsed Rejected Date Mr. Mack Nettleton is requesting that the City Council approve aone-year time extension for a preliminary plat. The preliminary plat is on Woodlynn Avenue. (See the maps on pages 3 and 4.) The preliminary plat is for the Woodlynn Heights Townhomes Numbers 7 and 8. (See the preliminary plat on page 5.) This preliminary plat has nine, undeveloped town house lots. BACKGROUND On November 25, 1991, the City Council approved the 17 -lot preliminary plat for Woodlynn Heights Townhomes Numbers 5-8 and the final plat for Woodlynn Heights Townhomes No. .5. On July 27, 1992, the City Council approved the final plat for the Woodlynn Heights Townhomes No. 6. On November 23, 1992, the City Council approved a one-year time extension for the Woodlynn Heights Numbers 7 and 8 preliminary plat. This approval was subject to the November 25, 1991 preliminary plat conditions. DISCUSSION Mr. Nettleton expects to finish this project in 1994 or 1995. RECOMMENDATION Approve a one-year time extension for the Woodlynn Heights Numbers 7 and 8 preliminary plat, subject to the November 25, 1991 conditions. REFERENCE Past Actions On April 22, 1985, the City Council approved a preliminary and final plat for Woodlynn Heights Townhomes No. 1. On December 8, 1986, the Council approved the Woodlynn Heights Townhomes No. 2 preliminary plat. On April 13, 1987, the Council approved the Woodlynn Heights Townhomes No. 2 final plat. On October 24, 1988, the Council approved the preliminary and final plat for Woodlynn Heights Townhomes No. 3. On October 9, 1989, the Council approved the preliminary and final plat for Woodlynn Heights Townhomes No. 4. On October 23, 1989, the Council reconsidered the preliminary and final plats for Woodlynn Heights Townhomes No. 4. The Council required the construction of a sidewalk along Woodlynn Avenue in front of Woodlynn Heights Numbers 2, 3 and 4. Mr. Nettleton has installed this sidewalk. go/b-6:memo69b.mem (N 1/2 of 2) mb\mem\mac Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Preliminary Plat 2 ;_AS AV RD MW I WHITE BEAR LAKE A - a dft a mom a 's ow (AfESNW1 AVI NORTH SA/NT PAUL LOCATION MAP 3 ATTACHMENT 1 clJ Ito, QRZ t9 3 r `="' COUNTY ROAD D - 263.f.3' I LC. 13-30ac. ATTACHMENT' 2 h � Iov• t2o• tto• �o' � 80' too • 3 .34 ac- �n • .41 ac. .41&e. .� .flat •tic, • M► ' o too' lot so (3) oto • ,o 3So �} X40 ac. 03o 0 �o r bo to - V =� t � t � coo WA T E Ft 2q o to N am am ---a p — — ---Oft — — a-- — — — — — — —_ -• r umm _ 410 — 7t_— — __ -- — no — — —&m .. --------- — -- — — — -- ---- — — Alp 40 .0 + 905') 33 ...... - ... .... T C34) 4rS W0DLYl�i ,(0 4 5 6 7 M I N 7 3 .� :•::::.. 1 3 4 T W _. .. ..1 0 H ES Q,••'i ,•::ice•;' ' N • �� Now i no r f •. :!iA;:tiV:: ;Mi: :•�•M�.•IM. i�{ y'%M4; �:�lM',• �- - - -, 003' ...... _ ...__.. .--• o �# 3 Na 7 AND 5 �. C�3 'h N .2 N 0 4 O N NO.1 �0.3 h Nosy NOs _ S r r P c. rq" :.,C PY F'D R DC TA 1 1. 5 wv Cj Co L. I I'l I'M I jff �- — s ■ ■ T o� A-600 94 ai' no• tto' tl0' tto' 1001 Z !60 • .�� 3048.66) M M .10 ;0 o 2144►2154- 2164 2172 - ' �c' . .Oz) - 64OTTAGES OF 2184; 2196, 2206 ,� ,y o t 3045 _ MAPLEWOOD `2 I � , �, -,s• � 3 �' j w � c * . 5.4 �. • s+s.s= �.as..� 9495 0 MEN 15 16 1719 21 22 ° (39) 9s•� ' c 9 67 '• ��• 10 �6s 3 �, 1.2I t:c. •9��c. c 20 14 • e ALJ • v >» � 13 14 15 1 2 (17 1 1 2 3 0 � _ h 310 .. .a 3 10} �31� t� 1Z5� o .. �19� 10 tom. 4L --- -- •�--- - 1 0' 180 ��� tT• '� 33 � - - -- -- •�-�l i? p Doe 1701 to - - --• - - -- O:t�tT'losls='- i�da?'194 4th Doe t�02A23 4 t7oc'r�2 41t .MENo t 38. v' $5� �a LYDIA AVENUE • �o' h i�o� �r •►�-90 •r Dec'.0)'901499 7•12.617 �_- -- 3 c 13 103.66 tog' •Ix 2 n 3ae- L 3 tis -(73)-(141s 340 •+ tor..a' oM too• tOi.�' 1 2 w 3 w to.li' too' lot so p' p los' •�' tos• . 3o too* • • ,00 ' , pc 3 � Z 1 N X10 ''�1 2 .+ abO PROPERTY LINE /ZONING MAP Q N 4 LAA -Am PROPOSED PIAT ' WOODLYNN HEIGHTSTOWNHOMES N-0.5 • DESCRIBED AS: LOT 1. BLOCK 1. WOODLVNN HEIGHTS TOWNHOMES NO. 2 ................. N .,4 ::. ;.. :�� z•; �s.oa zs.as 26.46 4�.eo ':• 1 ..::•:•.•.•:::: 1 ::4 ::::::•: 1 N 1 U 1 M B E R s N M B 1 U E R X. 5 :•:•:•::•: 1 O.0 10.0 I t 1 AO A N E b 0 A 1. uTl� IT Y M N T A E • t 1 E sE / 1 :j 1 3. i. 1 H ..• ...... ..... . . . ........... . . ....... 2 .•�# �..... ..... 3 5 �3 � • L M N . 4 :x: M N 1 1 : 1 ... ... O M O N t O O O O N N N N •1 :•:: N 1 :•:•: h N OI b ' MI �• : N N N •ti 1 :�.. 2 N. .. ....... N1 1 • r � 1 •s ao 'L•II:�•J ;•}•� ;•�•• •:•►Yt:1•%A'i•r:V:4• •:.. ':►:�'V:4V'�.L'' :':::•:':: • - - - - - - _ - - - � - X. 1 .............. . ....ii: '�q X1 ed .......... N.; . ..... :: .•• i i 1 o. HALE o H 1 ::: E�1 ml .. :. 1 / H1 t 1 :: 128,41�. 3 te ZS e.o�es 1 / ;::: sewaz•z4•E 1 OT A 18 L O UT T .... O U L T �UTLOT O A , ------ : :: •:: •631.31 SCALE: 1"= 50' WOODLYNN AVE. 5 6 , 7 8 ` 15 16 I 17 LAKE It LAND SURVEYING, INC. 1296 HUDSON ROAD 776-6211 ST. PAUL, MN 55106 I hereby certify that this survey, plan or report was prepared by me or under my dir t supervision and that a duly Registered Surveyor under t. wa of the Stag of sot&. Jam Danle� M nn. R.L.S. �_.4887 on �:4._ day of99 • VALID ONLY WHEN STA!%PEO WITH IMPRESSION:SEAL. raw w MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Budget Adjustment --Consulting Building Inspectors DATE:. January 4, 1993 INTRODUCTION FOO s otion byo lloIj�V. IV] norso o dif ie ejected- Date-_.... I am requesting that the City Council approve two budget adjustments of $48,535 each. The City needs these budget adjustments to pay the remaining 1993 bills from the consulting inspectors. The consulting inspectors' budget has no money left. DISCUSSION We need to increase the budgeted revenues and expenses for the consulting inspectors to cover the remaining 1993 expenses. The City pays the consulting inspectors 80% of the permit fee. Consequently, when expenses are more than budgeted, there is a corresponding increase in revenues. Estimating the amount of construction for the next year is difficult. Consequently, we have had to request budget adjustments each year that the amount of construction is greater than the estimate. Budget adjustments cause a delay in paying the inspectors because the Council must approve these adjustments. To avoid this problem, I recommend that the Council allow the Director of Finance to make these changes. When needed, the Director would make these adjustments at the end of each year. RECOMMENDATION A. Adjust the budget by increasing account 101-703-4480 and the corresponding revenue account by $48,535. B. In the future, allow the Director of Finance to increase the revenue and expense budgets for the consulting inspectors to increase expenses when there is a corresponding increase in revenues. go/b-6:consult. mem (7.4 1993 Budget) AGENDA REPORT ution by C ounc . r To: City Manager Michael McGuire l odif� From: Director of Public Safety Kenneth V. Collin dei e c t e Subject: Application For Liquor License - Roberta J. Simat Date: January 4, 1994 Introduction Roberta Simat has appl i e'd for an intoxicating liquor 1icense for 3069 White Bear Avenue (Chi -Chi's).. Background An extensive background investigation has been done on Ms. Simat. She has no known contacts with the police, and we cannot find any evidence that she holds a liquor license in any other establishment in the State of Minnesota. Recommendation After conducting a thorough background investigation on this individual and having a discussion -with her, I do not find any reason to deny her application for an intoxicating liquor license. Action Required Application for intoxicating liquor license to be submitted to the City Council for their 'review and approval or denial. KVC:js cc City Clerk Liquor File 93-018677 f po Q 3 tj ,JDF �Pi.Ei00D Z 63 7' FOR X.ICATING UQUOR 11C ENSE APPUCA170N� . 'I'ffiS AY?UCAnON $BALL SE 9UBHn T'ED IN DUPLICATE- Please do not use initials. Whoevar &ball Ina Wily sad VWU4 falsify the &Z"a z to the following questionnairt aball' be d+imod r0ty of p.jury aad .amu be punlabed accordingly, h Nuvarin the feMowizz qutstions 'APPUCM" Dan beroverned as follows: For a Cor. porstion cast *Mw elks execute this appllution for at c,�fiGcri, dire�lorti and atAckholderz. For a pari- •enhlp oat cd the OAPPMCAMPO shall 920cute this application far all mesnbM of the partaershlp. EVERY QUESTION MUST BE ANSWERED Roberta Simat General Manager 1. � _.._ ...._ ..—General (1"ridu►] owner, o&ow of tartae r) ~ I�erself _ for ud Im � C �� -• i L ueby apply for an _._._ 6ale Intozscat.inr Llgvor L•tcense to bt Iotated a! - "i -Chi's Mexican Restaurante 3069 .0ite Bear Ma 11 in the City of (Give address a.nd kol description) Vaplewood, County of lRamiey, State of 1dim7esnia, In sroraLnce with the provisions of Ordinance No. 95 cd Maplewood. !. Give applicants' date of birth: 18 October 1960 (Day') ' etc o�c�� (Yeja:r ) !. 71e residence for sash of the applicants Warned herein for the put Ave yon l f�` 9133 3rd Avenue South, B1 oomi ngton , MN 55420, 1904 Glenwood Avenue, 'Minneapolis, MN d. It the applicant a tltlsen of the UDltod States . MAPLEWOOD .,POLIC If saturalited state det.t and pias or wturalizatimNJA ._._._ If a ewpw*gm oar paroom1h p, state cWtensbip h&Mdinz naturallutlon cf "ch officer or partner. 1 Runalli nadyprt,. 2rueiAent 1.04 r'+'mon Michael 3.---r VP/Ser/Trrac _ II S ritiznn a• The Perm V►bo &sautes this ipplicat.lon shall riot WV*`a W 16usbaad"5 foil name and address..._._ Paul Simat, same address ; �Phat O' °Mims baVt applicant and as Was in thu application followed for the put live years? :.Mananer at Chi=Chi's Mexican Restaurante - 1989 to . present r 4 T. �t pu•ttaera%ip� name Aa•d addrm cd sub. pasar NIA i • Y.f a MWM 1104 da to od faoorpo"ra ' ' - matt In &MMMt of Otttborisad, v►pltalisat3on 10 000 shares ' L=:..'re,. ares + . asnoant Nt prJd In dt .; pl � too n j � f ....ter If a avbrsdiuy g vtber _ of fl>rIes suhsidiS Tar diet ad ooJPoa•s . . j s to u ran same sad iddrau of an officers di»ctaTe. sad stmkholden and the number of •11aM held by sub: (Nazi) Michael J. Guerra 16113 Ni h Hawk Qs If incorporated Under at laws Of another state,is aorporauon uitbarised to do business fn this state? _ ,_..�,__, Number of certificate of &Uthority If this applicat3oa is for a atm• Co ratio rpo of include a Certified copy Of ArVeles cf lncorpor&Uon amd By•Law&. a. an what floor is the establi shmtz f jms t4 Ar to be IoC.ated 1 1 :. I! operating under a soniog Wd'n rA bow is Lhe 1oratkw of the• b�uDdutg CIw°itied 1—_zoned for rP C F , i i r n n t Ia the bQDdiDI located within the prescribed area for such Heea.se 7 am 10. Is the establishment iocated »ear • ' an &CA em colitm Wdv ens ty, eh u rc h, Ira d e or . high school 7 n� State the approximate. distance of the establithtneni •! • tram such school or do N 11. state sarnc sad addre" OMW of buildinr .• . wattn MN 55127 -----; has owner od bundtuar any ooansctlon, dirKtly or ia- tirwcw', Wn' applkani 1 oa— It An the toes an the abowt. AroAeJ'!,y &liDqva t?- no Ili. Watt rrbetbrs vp?icant, or any. at " ausothi=- ' h tiros a,p�►lltat3o� have qtr )lad an applleatSon Ar a Liquor IAuas{ relecttd b7' any muctcipoUty or Mate aothwrlt • if 7. so, dive date and dsta,Ut no 14. Ras the applicant, ar any of his aaaociat" to this spplicatioo, during the ltvs rears Immediately W"Ung V16 applfcatlaa over ted i �ceast Bader the bdinrteaota L uor Coo�tral /let revoked ed for nay f3ofa tics od Mb 3a W$ or Cei i so, IN Batt and etWi no i * Application for Certificate Qf Authority is being processed. Information will be �t�rt;in�s:r�l' �:�_;I •..; '•=K•oa:: forwarded upon receipt. i8;l�i C. C:��:-';• .��= :=t� L Maplewocd, -MIN 'sit» i r Id, Stats w hetb er appUunt, oe any of his asrocL tel b this applWtlon, during that' t fav Pu a yem wart our wnvictad of any Liquor Lw vid,tlone ar any aim in this etat.e, or any other state, or .,. seder Federal JAws, and If so, rive date and details no Id• L applicant, or any of his '"Whist to this erppI;cation, a member of theovernin body f t y of the munlcipality fa which this Brae Is to be its uad? If so, in whit capacity? 17. State whether any person other than applicants has any tight, title or Interest in the furniture turfs, or equipment in the premises for which tictuse is applled, and if to, jive names and details no It. Have Applicants any interest whatsoever, directly or indirectly, In any other liquor establishmen Q t in the State of IfinneaotA ? no . Give. name And address of such estiblishmen 19. Furnish the names and addresses of at least three business references, including one bAMk refer- eace Printwgrks . Anc. P.0, Box RO Oree dale W1 53129 1703 South BrQDj Street.i1 P 402.08 .ititens Fidel i t [3ank and Trust . Citizens aza 01 isvi l le Ky 40296 20. Do you possess a retail dealer's identification card issued by the Liquor Control Commissioner over which will expire Decernber list of this year? Give number of a*=# 2398 !l. Does applicant batend to rill iatvxk*tjnt ltquor to other than the consumer?.- no M BUte whether applicant utas to t uc, Operate or permit 6t posse"fon or operation of, on the 11"a d ptcmi W in any room a.djolning the licensed premises, any &lot machine, dice, rzm- btlnr drrk* and apparatus, or permit any jamblinr therein nn 23. Are the premises Mow oerupted, or !o be emu led. by the AWimal entirely separate, and exclusive imm any other business estab?hbrnent? 21. Bta to trade name to be o • -Maxican P to to t6, State name of peTaoa that WM operate stare_Roberta Simat, General Kinaner �. Give F'ad" 8014 Liquor Dealer's Tax Stamp Number 41-1355_7 go 0 �oC1' silt L4mil: Is being applied far, do you Intend to deliver ttqu or by vehlcl e T _. r4 /A u au tt number od sao Lar "hkJt pini is Us u ed by Liquor Goa trot eery for earrta t year t8. It Ton an baDdinT a tew baf3&4 for the rwvow for whkh this application h. . it made, ptaase submit1 p an s and rpm u tions with QU appli catk o. ' . N/A t9, i�.naacin j cd the COT,' TuWon of ibis baildFtu WM be at Iona": N/A i0. ]�Lraish a personal financial etatexneat witi,h the a pplxxtlon. If a parfaenhlp, furalsh linir)tw state*-- m ea t of aach partner. ' 31. Give description of type elf. operation if this is as oa-sale license1i app cation (tt. whether cock - W Jounre, alto eJub, reruumt, ot,e.. "Ifyin capacity by number of eustomen and any other pvtiaen t data)rani; . 92. What Previous h expeyiewa ave You had in the o ration f of th . Pe a type of business described In the answer to No.. , 3 l thou! ___All 'a n n l i r a h l p A Y np with Chi - Chi's Mexican �Restaurantes ' , 93. Annlicant, and hie aisoclates fn this APp?;cstSon, wJV strictly eompl • with all thelaws ed blinnrsoia irovendrns tht taxatia� and the aak of khtosftstIn g liquor, of the Suis Promul,0"d by the Uqu*7 Contn,i Commissioner; and a)I ordinance rulci and rtpvlat,on: I hereby eerilfy that I have head lire tai s Qf the municipality; and art true od my owjo kzww•I t a�°`t gves Was and that tht &hswe s to • said Qu ei t3ans 9ub&cribed and sworn to beton ts►t ! <<'rr"t're •t Art�tl a.0 l3 IC t - TRI WTALY PUBLIC _ MINNESOTA °RAMSEY COUNTY My commission expifes 12.15.98 THIS APPIJCA710N MUST ]BE ACC*MPANIED WITH YOUR NECK FOR THE P1RST UCENSE,PERIOD. 1630 C. cour, r. • Maplewocd, uiiT OF MAKEWOOD 1830 E. County Road 8 xaplewwd, Milmesota 55109 APPLICI770N FOR SQNDAT ISQtJOR LICENSE Roberta S i mat - doing business at 3069 White D&ar Avenue Maplewood. MIS : under the business name of Chi -.:.Chi's Mexican Restau Tante. _ , hereby make application for a i license to sell liquor- between the hours of 10:00 A.M. and 12: DO midnight on Sundays at the above location. Iereb certif that meals are served, and will be served on Sundays, at this location, Y r1 %hat there is table seating capacity .for 30 or more persons at one time, and that I E ii presently hold on -sale liquor license, issued by the City of Maplewood. Signed, 7be seating capacity at the above is 218 Signature of Applicant ' 3069 White Bear Ave., M,a, p1 woed , MN Address • Date: 1 4? License Fee is $200. DO per year. (License year is from January 1, through December • 31) LICENSE FEE PAID �£C£IFT N0. • LICENSE N0. STATE OF MINNESOTA: :ss COUNTY OF RAMSEY AFFIDAVIT I, Roberta Simat of Maplewood, Minnesota, do hereby swear that I have no -interest in any other liquor establishment in the State of Minnesota. 4 -� y Roberta Simat, General Manager Chi -Chi's Mexican Restaurante Subscribed and sworn before me this day of -�- 1993, in the County of Ramsey, State of Minnesota, ota Public My Commission Expires: r RIDER 30499050.-A........... `e attached to and farm a part of .........................�arKt Igo................... TOY _ ����..00..•........r..1.....................010•.................0..0.. 1st January..............•.•••.•.........19.0.9.'4.. mued by the FIDELITY AND DEMSIT datedthe ...................day of....................... Susan Ann Garl,of...4n,..beha.f....f................ ................................. COMPANY OF MARYLAND, as Surety, On bc6lf Of.««.,. ..............................•....... CHI -CHI'S H I DW E ST , INC* ....-...........•,.........-.......•,..,......x...........off 0.000.0...., as Principal, •....w w....0 •..{...•........0.0....•.....•..000.0►0.......... .•..00•.. .......... . /..0.0 • 0•••......1.10.010f.•.......1.../1.00.1N•. . of -------------.-..---------.......-. ollars--Three Thousand and no/100 in the penal tumw ......... 0040919,19 ................................/..e•........................................3�.QOQ.....Q.p. ......�� ` Muni ci pal i ty of Maplewood in the County of Ramsey....,State nneq.�ot andin favor ot........................ •..•••.•.............••......................................•.....•.............,•.....•.........•.//••............................... ' eration of the premium charged for the attached bond, it is hereby agreed that the attached bond be amended es follows: �» consideration Principal amended from Susan Ann Garloff on Behalf of Chi -Chi's Midwest, Inc. to Roberta Simat on Behalf of Chi -Chi's USA, Inc. All other provisions remain unchanged. Provided However, that the attached band $hail be subject to all its agreements, limitations and conditions e=tpt as herein e►aP Y ressl modified and further that the liability of the Surety under the attached bond and the attached bond as amended by this rider *hall not be cuillulativc. • shall orae effective a: ai the 1st day of...�.�11�1�.1" ..........•..•...19.9.4...• Th6 rider a 3 1 bee • ••...•w•.w.•.00e•0•••••••••••• •....•..••.•0••100• • 12th..•..........d� November./.........N..................i9..9... Signed, sealed and dated thus...»s....-.0.•000/•0•.••.w...N•...0•.0.0 ... Y of... AMST: CHI -CHI'S USA, INC. •.0•N••w.•...00.1••.0.0....NN.1•....O.N.o••••......../...N•00.00...e. •..0.000.OIooO•.o....•0 P3* 1fL 00.00.. .w • i.• ....0 0... •.........a ...•..000000.0..••...•...•...0.0.10000.ON•.w..w..• Ai,����1� ' f .•0• • ••• .......10 00 •o • •.. 00 0..0 •• •• 0• .......... ...100N•0••.O O • 0090 foe 0•-...•.0..00.0001.0••••.••. e•..000•N.• 9109.s.0•.�0..•00101.•�.M•.r.o/MOON NOO•••..•00 r• s DELITY AND DEPOSIT COMPANY OF MARYLAND AccerrsD: /* e.-.•. •......s..e......0000.1..•..•.•N...N......ON•..0.0.0.0.0•.••.....N•.... •..00 ••0000.••••••....N.O �y...M•. •. • .. .•.• • 000.0• ....NNO•N•o•e �...0.0.•00..00•o...N...••.••. •••O.0'..�•••� ttorney n -Fact J1123- wr�14 WOO V. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Robert Owen Collins, Jr. , Donna J. Riggs, Shirley L. Birchler and Anita P. Clemerson,'all. of Louisville, Kentucky, EA its true and lawfulagent and Attorney -in -Fact, to make; execute, seal and r, for, any and all bonds and undertakings, each in !nalty MILLION DOLLARS ($110002000) .............. .... behalf as surety, and as its act and deed: to exceed the sum of ONE And e executFonof such bonds or undertakings in pursuancepresents as binding upon said Company, as fully and o amply, to all intents and purposes, as if they had been duly ex d ackno by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons p ow e r e attorney revokes that issued on behalf of Robert Owen Collins, Jr., dated ember 8, 1989. The said Assistant Secretary does hereby certify that ract set fo a reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in o IN WITNESS WHEREOF, the said Vice-Presid Assistan tary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPO MPANY ARYLAND, this 2 8th day of September A.D. 19 93 0 Me FIDELITY EPOSo ANY OF MARYLAND ATTE o SEAL Vo .� Assistant Secre y VicAfresident STATE OF MARYLAND Q COUNTY OF BALTIMORE ` SS: On this. 28th day Of September . D. 19 9 3, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Morar PURX CAROL J. FAD R Notary Public � August 1 1996 My Commission Expires .� CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the- Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 12th IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of November , 19 93. Assistant Secretary L142& 052-0346 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with 'the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." iii:. : •••.••••••••••••••••••••••••••••••......::::: •. :••.•:::: ::::::: •.:u 0':.• :: :•::::.':.:':::::.• :•: :..' :......: ::•: '.:::::.:'. :'::::.:•'.•::.::'.�::: •. .':::::: DA T E M/OD t. :..........-C. ....................... .. .c M F':�: ............. ISSUE%%% :.- =�` AT ,� ER- • . % ............ K ................. .. _XX % ........... ...... . ....... F1 Z 93 "V PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND JOHNSON & HIGGINS CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 4275 EXECUTIVE SQUARE, SUITE 600 POLICIES BELOW. SAN DIEGO, CA 92037 COMPANIES AFFORDING COVERAGE (619) 587-1700 COMPANY A . LETTER TRANSPORTATION INSURANCE COMPANY 13100-13102 B IOOMPN NSURED LETTER CONTINENTAL CASUALTY COMPANY CHI-CHI'S, INC. P. O. BOX 32338 COMPANY C LETTER LOUISVILLE, KY 40232-2338 COMPANY LETTER D COMPANY E LETTER av FSA ....................... ......................................... ...................................................................................................::....:.::::::::...:........:. . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE M/ DATE (MDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GL202516613 10-22-93 10-22-94 GENERAL AGGREGATE S 19000,000 PRODUCTS-COMP/OP AGG. S 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY S 1,000,000 EACH OCCURRENCE S 190000000 OWNER'S & CONTRACTOR'S PROT. rXI LRAM SHOP LIQUOR LIABIL TY FIRE DAMAGE (Any one fire) $ 1,000,000 -1-1= 9 4 to 12-31-9A MED. EXPENSE (Anyone person S AUTOMOBILE LIABILITY BUAS02516607 10-22-93 10-22-94 COMBINED SINGLE 8 X ANY AUTO LIMIT $ 1.000 000 BODILY INJURY S X ALL OWNED AUTOS X SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIRED AUTOS X NON-OWNED AUTOS (Per accident) X GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM OTHER THAN UMBRELLA FORM WC502516603 10-22-93 10-22-94 STATUTORY LIMITS A WORKER'S COMPENSATION WC002516606 10-22-93 10-22-94 EACH ACCIDENT s 1,000,000 B AND DISEASE—POLICY LIMIT s 1,000,000 EMPLOYERS' LIABILITY DISEASE--EACH EMPLOYEE S 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: SITE #463 — 3069 WHITE BEAR AVENUE, MAPLEWOOD, MN 55109 CHI—CHI'S USA, INC. AND ROBERTA SIMAT ARE NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. QT/(1�]% K •'l'. .::• �:::�:::::::•:::::•: •'ti' • ••7 7A'• ##.#:. ice` _ ................. ..•. •......... .. ...........•.... ...........• ..... :.JV .. .. ... CHI—CHI'S USA, INCIP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P. 0. BOX 32338 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO LOUISVILLE, KY 40232-2335 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIL17Y OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MCKENNA _............. . . 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" .- Noveiaber 1, 19 9 3 . Upon the effective date of the merger, . Chi -Chi's Midwest, Inc. will cease to exist. Attached hereto is a copy of the Articles of Merger Which set - . out, in detail , °the specifics of the merger . --- .�_ _:_ .. _... . _ ... _ ... - _ -- _ ...- . . _ .. ._ .. . ==='= If ou have an estions after reviewing the attachment, please Y y �,10 contact the undersigned. - - - _Very truly yours , - - � . _ ,- . 14� ,.,;i0,"e ... - _. I ,"'Li . . . I I—- - - . . . .- I -..:Marilyn :_ A . - _ _ r...1--11111. . _ ._ -• _r _ . _ - - y- --- - • . . - _ . _ _ - �_ . :t .� . 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Box 32338 I Shipping Address: ''I 0200 Linn Station Read Phone: 542/426-3900 - 1.- . _ Louisville, KY 40232-2338 - Louisville, KY 40223 FAX: 542/339-4248 II ART I CLE S OF MERGER In order to comply with the provisions of Chapter 302A of the Minnesota Statutes known as the Minnesota Business Corporation Act, Chi -Chi's USA, Inc. , a Kentucky :.corporation hereby certifies that: _ ARTICLE I :Chi.- Ch` 'sMidwest, Inc.,' a Minnesota- corporation - A"west")Mi shall be merged into hi - Chis USA, Inc a Kentucky. -. — corporat ion . ARTICLE II _ - Chi -Chi' s USA., Inc. shall be the surviving. corporation and shall continue its corporate existence under the laws of the Commonwealth of Kentucky under the name of Chi -Chi's USA, Inc. and the separate existence of Midwest shall cease as a result of the merger. ART I CLE I I I The merger of Midwest. into Chi -Chi's USA, Ince is to be effective on November 11 19930 ART I CLE IV All shares of Midwest's stock issued and outstanding on November 1, 1993 shall, by virtue of the merger and without any act ion on the part of Chi - Chi ' s USA, Inc . , Midwest or any stockholder of Midwest, be converted into 100 shares of voting common capital stock of Chi -Chi's USA, Inc. 1R� T �T E T T The Articles of Incorporation and Ey-Laws. of Chi-Chis USA, .Inc. immediately prior to the merger shall be the Articles of Incorporation and Sy- Laws of Chi - Chi ' s USA, Inc.; and the directors and officers of Chi -Chi's USA, Inc. irrnnediately prior to the merger shall be the directors and officers of - Uhi- Chi' s USA, Inc.; and Chi -Chi's USA, Inc. shall possess all the rights, privileges, powers and franchises of a public as well as a private nature and be subject to all 1 the restrictions, disabilities and duties of Midwest.;, and a13.-~riga, privileges, __-.;."powers and franchises of Midwest and..' all. property,, areal, personal ari�l:+`mixed. belonging to Midwest shall- bei vested." in .Chi -Chi's USA, - -= Inc. ; and neither- the title to nor. any inters. iso" any. real_ _ ,--= estate- vested deed-*-- lease or .otherwise- in= Mid%oest -shall revert or. -.be'- 3.n. _ any. _ .way unpaired by reason . of... this s:� merger; :� and.. all rights of --creditors- and all liens upon any property. of Midwest shall be preserved unimpaired and all debts, liabilities and duties of Midwest shall thenceforth attach to Chi -Chi's USA, Inc, 1 r. and may be enforced against Chi - Chi ' s USS., Inc. to the same extent as if said debts, liabilities and duties had been incurred or contracted by Chi -Chi's USA, Inc. ART I CLE VI Chi -Chi's USA, Inc. hereby agrees that it may be served with process in • the ..State- of Minnesota in any proceeding for0 ' - enforcement of any_oblZgation of Midwest, as well as for enforcementof any obligation of Chi -Chi's USA, Inc. rising from the merger, --and. does hereby irrevocably appoint the Secretary of state' -for -the State of -.Minnesota as its agent to accept service _ of process - �n any such suit or proceedings. The Secretary of State is • hereby authorized to mail a copy of any such process received by it to Chi -Chi's USA, Inc. at the following address: Chi -Chi's USA, Inc. ` 10200 Linn Station Road P.O. Box 32.338 Louisville, KY 4.0232-2338 .RTI CLE VI I As to Chi -Chi's USA; • Inc.,, . the Articles of Merger were duly adopted by its Board of Directors on October 4, 1993.. and by its sharehol>ders7 on October 4 1993. As to Midwest, the Articles of . Merger... were ' dopby"ed byits Board of Directors on October_. 4 , _1.9.93 , and by. its_ shareholders:. on .. October 4, 1993. W`I=ESS the signatures of Chi-Chis USA, Inc. and Midwest,, by their respective Presidents and Secretaries, on the. 4th day of October,' 1993. A ATTES . � S T: errs CHI -CHI IS USA, INC. - 3y:A, o Jt Aef"u /, I onald Pidlj`eatt President ' 1 CHI -CHI ' S MIDWEST, : INC j►..�i -4 . ._ - ♦ r_ ••l ter.•. ^'� . a. - ._ terra .__- -- ona_ ld_: Padge -= ._... �.•._._.. .: Pre silent- +�. _ ... r . _� ._ . ... .. ... �..- �. • �� - . r ••••'\ .•..rr.y..-�C - • •i �_ �fi.': �N?�►.e��'�.•w-'.�.p�-+� :•...'_' �.�. 't wa .. • - ... _ r. w - MEMORANDUM G-/ TO: City Manager FROM: Thomas Ekstrand, Associate Planner Y� SUBJECT: Conditional Use Permit pum A _ LOCATION: 1940 E. County Road D j 9 ty PROJECT: Circuit City (formerly Children's Palace) DATE: December 21, 1993 INTRODUCTION Tamara K. Chambless is asking that the City Council approve a conditional use permit (CUP). Ms. Chambless is with Good, Fulton and Farrell Architects. The CUP is to allow the replacement of seven unscreened roof -top mechanical units with six unscreened new units. The applicant has already removed the old units and installed the new ones. The old units were legal -nonconforming uses because they were not screened. They were installed before the screening code. The. applicant does not wish to screen these new units. The Code allows the replacement of one non -conforming use with another non- conforming use if the City Council approves a CUP. (See the sketch on page S and the letters on pages 6-8.) CRITERIA FOR APPROVAL Subsection 36-442(a) requires that, to approve a CUP the City Council shall base their decision on findings one through nine in the resolution on pages 9-10. Subsections 36-17(b) and (e) state that the City Council may approve a CUP for a nonconforming use provided that: (b) The nonconforming use is of the same or more restrictive nature as the original nonconforming use. (e) There would not be a significant affect on the development of the parcel as zoned. DISCUSSION The City Council should approve this request. If this was a new building proposed, the staff would not recommend that the City waive the screening requirement. However, this is an improvement to a non -conforming use. The screening Ishould be waived since: 1. The replacement of the roof equipment is an improvement. There would be one less unit on the roof and the units would be new and in good condition. 2. The applicant has agreed to paint the units to match the building. 3. Waiving the screening Would not affect neighboring properties since they are accustomed to this building without screens around the roof -top units. 4. Screening the units would cost $20,000 to $25,000 more due to the structural reinforcement needed. RECOMMENDATION Adopt the resolution on page 9. This resolution approves a conditional use permit for 1940 East County Road D. The permit allows the replacement of the roof -top mechanical units With new, unscreened units. The City bases this permit on the findings required by the Code and subject to the following conditions: 1. All construction shall follow the plan that the City stamped November 24, 1993. The Director of Community Development may approve minor changes. 2. The City Council shall not review this permit unless a problem arises. 3. The roof -top mechanical equipment shall be painted to match the upper -most color of the building. ji circuit.mem (N 1/2 of 2) Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Roof Plan Reduction 4. Applicant's Letter dated November 8, .1993_ 5. Letter from RLG, Inc. dated November 3, 1993 6. Resolution 7. Plans date-stamped November 24, 1993 (separate attachment) 2 Attachment 1 LOCATION MAP It � 3 b7 G • �, t5.,�.. ,T. 36'x? N 8 A' 11,03.4" 94 E . _ .....� t • o. i L 7t•� ,� iD i d •Q �• x•'47 � ••--..►. �"`"- N vi — j ., •, ,p. _ 4 / P.!►�► 1 12 a42 CD _ N ' (7)IS.,y � RC1 L s�'A be� .4-1944 AD D vAt • W� �1 5?- - 89�59'4E" E i 2 7 2.76' + a• : = - - ---— —�---- -----� f �p • 20' � _ • .27/.07' ZOO • ` 56 Ol f 40 N . �2 13) rH oo N C H A_ RBY'S =f _ r � 4 'r O 2 40 006 �) r H • 4� 5 9'! •69'4 4+" E �8 2'�' 68 Q 914 '� � TOYS RCIRCUIT CITY_ US MAPLEWOOD W t ` alp.. COMMONS 3.50 � , t2 Z 04 Lu I Q . M o.3t t3a.gs. T - - .. - - - - - - -- - - - MOVIES AT MAPLEWOOD 1-6 - - -�- 6,b • : x '•����. DIY- am du. -M i � -IR � � � � � ! � �- -� � �� � -s r � � r. • o. — 5 K. t2 33 p. 2? 1 Sk . 1714 p. 61 ` v' ' 4S' 0 25 -a O. • ... O_ R* 13...,64', /S .A r .I�. - r r i. �.. r - �.. r r - - .� - - - - - - - - - w - - r - ✓� = r, w .M .- - - r °,� / 83 a c . s to.66�. Hyla ,. = f R s MAPLEWOOD MALL es3• �, 1 D n 30.. 2108 �• O •-1� .gypGPM w r+ PROPERTY LINE /ZONING MAP 4 ; tols:1., j �P�L : I -� OLD ROOF -TOP UNITS Q - NEW ROOF -TOP UNITS 5 Attachment 3 O O O O O 0 0 t i � Eg I Nus 1! Z. j io 8 M fee .- L N• O ft Wig 1 I ; d: t El; r i1 1 I I M r 1 w N 1 a R W a � O t a4At so4 N ' N 2 39 rte- r ; tols:1., j �P�L : I -� OLD ROOF -TOP UNITS Q - NEW ROOF -TOP UNITS 5 Attachment 4 November 81, 1993 Mr. Tom Ekstrand City of Maplewood 1830 East County Road B Maplewood, MN 55109 (612) 7704560 RE: CIRCUIT CITY STORE 1940 EAST COUNTY ROAD D Dear Mr. Ekstrand, I write regarding the City of Maplewood requirement that all roof mounted equipment be screened from view. As you know, we are remodelling the Children's Palace building at the above address for use as a Circuit City store. Due to the age and location of the existing roof top units, we are not able to reuse these units and are replacing them with new roof top units and exhaust fans. We understand that there is a requirement that we screen all new RTU equipment. We have studied several options including a continuous screen wall placed between the units and the edge of the roof, screening around each individual unit, and extension of the existing concrete masonry parapet in order to provide the required screening. In reviewing these options, our structural engineer has found that the roof structure of the existing building was designed to handle normal snow loads, but cannot support the weight of any drifting that would be caused by the addition of roof top unit screening. (This additional snow load is determined by a formula in the Uniform Building. Code.) Attached is a letter from our structural engineer outlining what would need to be done to the existing structure in order to handle the increased snow load. Due to the extension reconstruction that would be necessary in order to install mechanical screening, we are requesting that the screening requirement be waived in this case. Also, it is my understanding based on the Maplewood Code of Ordinance, that "the Community Design Review Board may waive the screening requirement for mechanical equipment if they determine that screening would not improve the building appearance or protect property values." We also understand that if the Board does waive this requirement, that the mechanical equipment shall be painted to match the building. Since the existing roof top equipment was not screened, we believe that the adjacent properties would not be adversely affected if the new equipment is also not screened. The property to the north of the proposed Circuit City that is across County Road D is Midas Muffler, a Child Care facility, a Goodyear. store and a Texaco Car Wash; to the east is the UA Movies of Maplewood; to the south is the Mall Ring Road, the Mall and miscellaneous pad sites including Pizza Hut, Chi Chi's, etc.; and to the west is an adjoining shopping center and Toys 'R Us. The UA Movies building also has RTU's that are not screened. We understand that screening the mechanical equipment is important to the city of Maplewood, and we wart to assure you that we have looked at a variety of options prior to writing this request of waiver. It is our request that the screening requirement be waived in this case due to the extensive reconstruction of the roof structure that would be required, and due to the fact that it is our opinion that the adjacent properties would not be adversely affected by not screening the equipment. We are willing to meet with you or to attend any Board meetings to discuss this issue. If you require any additional information, please let me know and I C4 GOOD FuLTON & FARRELL ARCHITECTS 9 . v 3102.0ak, Lawn Avenue R. Lawrence Good, FAIA Architecture - Suite 250 Duncan T. Fulton, AIA Interior Architecture Dallas, Texas 75219 David Michael Farrell, AIA Planning 214 / 528-5599 Joseph J. Patti, AIA, CSI Fax 214 / 521-8672 November 81, 1993 Mr. Tom Ekstrand City of Maplewood 1830 East County Road B Maplewood, MN 55109 (612) 7704560 RE: CIRCUIT CITY STORE 1940 EAST COUNTY ROAD D Dear Mr. Ekstrand, I write regarding the City of Maplewood requirement that all roof mounted equipment be screened from view. As you know, we are remodelling the Children's Palace building at the above address for use as a Circuit City store. Due to the age and location of the existing roof top units, we are not able to reuse these units and are replacing them with new roof top units and exhaust fans. We understand that there is a requirement that we screen all new RTU equipment. We have studied several options including a continuous screen wall placed between the units and the edge of the roof, screening around each individual unit, and extension of the existing concrete masonry parapet in order to provide the required screening. In reviewing these options, our structural engineer has found that the roof structure of the existing building was designed to handle normal snow loads, but cannot support the weight of any drifting that would be caused by the addition of roof top unit screening. (This additional snow load is determined by a formula in the Uniform Building. Code.) Attached is a letter from our structural engineer outlining what would need to be done to the existing structure in order to handle the increased snow load. Due to the extension reconstruction that would be necessary in order to install mechanical screening, we are requesting that the screening requirement be waived in this case. Also, it is my understanding based on the Maplewood Code of Ordinance, that "the Community Design Review Board may waive the screening requirement for mechanical equipment if they determine that screening would not improve the building appearance or protect property values." We also understand that if the Board does waive this requirement, that the mechanical equipment shall be painted to match the building. Since the existing roof top equipment was not screened, we believe that the adjacent properties would not be adversely affected if the new equipment is also not screened. The property to the north of the proposed Circuit City that is across County Road D is Midas Muffler, a Child Care facility, a Goodyear. store and a Texaco Car Wash; to the east is the UA Movies of Maplewood; to the south is the Mall Ring Road, the Mall and miscellaneous pad sites including Pizza Hut, Chi Chi's, etc.; and to the west is an adjoining shopping center and Toys 'R Us. The UA Movies building also has RTU's that are not screened. We understand that screening the mechanical equipment is important to the city of Maplewood, and we wart to assure you that we have looked at a variety of options prior to writing this request of waiver. It is our request that the screening requirement be waived in this case due to the extensive reconstruction of the roof structure that would be required, and due to the fact that it is our opinion that the adjacent properties would not be adversely affected by not screening the equipment. We are willing to meet with you or to attend any Board meetings to discuss this issue. If you require any additional information, please let me know and I C4 Page 2 Mr. Tom Ekstrand will. forward it to you as soon as possible. Thank you for your assistance in this matter. Don't hesitate to contact me at the above phone number if you require our attendance at any meetings or if you need any further information. Respectfully, TamaraK Chambless, AIA Associate cc Erich Brann Mike Tussey 7 November 3, 1993 RAYMOND L. GOODSON J R., I NC. CONSULTING ENGINEERS Ms. Tamara Chambless Good Fulton & Farrell 3102 Oak Lawn, Suite 250 Dallas, Texas 75219 Re: Circuit City - Maplewood Maplewood, Minnesota RLG No. 93543 Dear Tammy: Attachment 5 i t. , ► NOV 9 I!= + t s i q { a Our office has proceeded with the structural design of the roof top unit screens required by the city of Maplewood. During our design we have investigated the existing roof framing to determine if it could support the weight of snow drifting around these screens. During this investigation, we have confirmed that the existing structure was designed to adequately support a snow load of 40 ps f . The design of this roof was a very efficient design that provides no capacity for supporting additional loading. By code, snow drifting must be considered at roof projects such as the RTU screens . ( the units themselves are small enough in width and length that, if no screens are added, snow drifting is insignificant). Using the screen layout that shields individual units, snow drifting loads will reach a magnitude of 60 psf. . Loads of this magnitude will overstress the existing framing in both shear and flexure. Since this framing is primarily steel joists, reinforcing these members will be labor intensive. We believe a less costly and quicker method of reinforcing the roof Would be to add new steel beams between the existing joist framing. Using this approach, approximately 27 new beams will be required. By our estimate, the weight of the new beams will exceed 15 tons and 'nay cost approximately $20,,000.00 to $25,000.00. This estimate does not include the steel posts and bracing for the screen itself . Our office recognizes that this is a large add to the project and wants to alert the project team of the impact of adding the screens around the roof top units. Please advise the appropriate parties of _these cost implications. Peter B. ar on P.E. Manage t ctural Division 8 NORMAKO-D. HARPER. P.E. JOHN F. STULL, RE. DAVID M. GOODSON, P.E. ROBERT G. WOOD, R.P.L.S. Chairman of the Bard President Executive Vice President Executive Vice President SUITE 600, LB 601 10440 N. CENTRAL EXPRESSWAY DALLAS, TEXAS 75231-2212 214/739-8100 FAX 214/739-6354 Attachment 6 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Good, Fulton and Farrell Architects applied for a conditional use permit. Theermit replaces one nonconforming use with another nonconforming use - seven P p g unscreened roof -top mechanical units with six new units. WHEREAS, this permit applies to 1940 East County Road D. The legal description is: Maplewood Mall Addition, Subject to and with Easements; part lying westerly of following described line; commencing at the northeast corner of Lot. 2 thence west on the north line of said lot 43.33 feet to beginning thence south parallel to east line 548.37 feet thence southwesterlyon curve to right 47.19. feet thence south 41 degrees 3 minutes 45 seconds west 71.24 feet to south line of Lot 2 and term of East 325.83 feet of Lot 2 Block 1. WHEREAS, the history of this conditional use permit is as follows: 1. On December 28, 1993, the Community Design Review Board recommended that the City Council this permit. 2. On January 10, 1994, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property p p P 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, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformi with the City's Comprehensive Plan and Code of Ordinances. ty tY' p 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 41 p g 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. 01 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. 10. There would not be a significant affect on the development of the parcel as zoned. 11. The use would be of a more restrictive nature as the original nonconforming use. This permit is subject to the following conditions: 1. All construction shall follow the plan that the City stamped November 24, 1993. The Director of Community Development may approve minor changes. 2. The City Council shall not review this permit unless a problem. arises. 3. The roof -top mechanical equipment shall be painted to match the upper -most color of the building. The City Council approved this resolution on January 14, 1994. 10 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 EAST COUNTY ROAD B. MAPLEWOOD, MINNESOTA DECEMBER 28, 1993 I. CALL TO ORDER Chairpe n Moe called the meeting to order at 7:04 p.m. 11. ROLL CALL Donald Moe Present Marvin Erickso Present Michael Holder Present Marie Robinson Present Bruce Thompson resent Roger Anitzberger esent 111. APPROVAL OF MINUT S A. November 23, 1993 Boardmember Erick n oved approval of the minutes of November 23, 1993 as submitted. Boardmember obinson seco ded Ayes --all IV. APPROVAL OF GENDA Boardmembe Holder moved approval o the agenda as submitted. Boardmem er Anitzberger seconded Ayes --all V. UNFINI ED BUSINESS Ther was no unfinished business. VI. DESIGN REVIEW A. Circuit City, 1944 East County Road D, Roof -Top Equipment Screening Waiver (Conditional Use Permit) (Section 2) James Martina and Tamara Chambless, the architect for this project, were present at the meeting representing Circuit City. Ms. Chambless explained plans for the mechanical roof -top equipment screening. Mr. Martina said painting of the roof -top equipment will be done as soon as the weather permits and will be a paint treatment which will adhere to the structure over time. Community Design Review Board Minutes of 12-28-93 IPA Boardmember Thompson moved the Community Design Review Board recommend adoption of the resolution which approves a conditional use permit for 1940 East County Road D. The permit allows the replacement of the roof -top mechanical units with neve, unscreened units. The City bases this permit on the findings required by the code and subject to the following conditions:. 1. All construction shall follow the plan that the City stamped November 24, 1993. The Director of Community Development may approve minor changes. 2. The City Council shall not review this permit unless a problem arises. 3. The roof -top mechanical equipment shall be painted to match the upper -most color of the building. Boardmember Anitzberger seconded Ayes --all B. Code Change - Community Design Review Board Ordinance Secreta Ekstrand lained the staff report for the proposed changes to the code Secretary P and answered questi ns from the Board. The B and discussed eliminating the 1.0 - da time limit for app 'cations. The Board m e some additional changes in Y P wording to the ordina e. Boardmember Thompson oved the Co unity Design Review Board recommend adoption of the ordinance hangii Community Design Review oard "modify" instead of "change" nd by January thirty-first of each during the preceding year. Th e including, but not limited to i Boardmember Anitzberg second VII. VISITOR PRESENTATION There were no visitor v esentations. VIII. BOARD PRESENTATIONS There were no Bg&rd presentations. ig a duties and responsibilities section of the o inance, revising #2 of the staff report to read 5 to read "Prepare a report to -the City Council r outlining the Board's actions and activities port may include recommended changes ordinances, City codes and/or procedures." Ayes --all PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing is about a request for a conditional use permit to allow the replacement of seven unscreened roof- top mechanical units with six unscreened new units at Circuit City. The old units were legal nonconforming uses because they were not screened. They were installed before the screening code. The applicant is Good, Fulton and Farrell Architects. The location is 1940 East County Road D. The Council will hold this hearing on Monday, January 10, 1994 at 7:00 p.m. or later in the City Hall Council Chambers (1830 East County Road B): Call Geoff Olson at 770-4562 for more information. Sigh language interpreters are available. You must request this service at least 96 hours in advance. Call 770-4524 to make arrangements. PUBLISH: December 29, 1993 G - '-Z INTRODUCTION The conditional use permit (CUP). for the property west of Highway 61 between Beam Avenue and County Road D is due for review. (See the maps on pages 4 and 5.) This permit is for mining. BACKGROUND June 28, 1982: The City Council approved a conditional use permit and three variances to mine this site. The CUP was subject to nine conditions. (See the conditions in the recommendation below.) July 25, 1983: The Council renewed the permit for five years, subject to the original conditions. October 10, 1988, and October 20, 1989: The Council renewed the permit for one year, subject to the original conditions. October 22, 1990: The Council renewed the permit for three years, subject to the original conditions. March 25, 1991: The Council denied a permit change to add a materials crushing/recycling operation to this site. DISCUSSION Mr. Frattalone expects to mine this site for five more years. Several neighbors have complained about the operation. A nearby resident made the following comments: 1. Close the access to County Road D and move the gate up to County Road D. People pull in and park for awhile. 2. Frattalone does not comply with dust control. 3. Require that no trucks use County Road D. Action by Counci:,:j MEMORANDUM Endorsed ®�I �ea TO: City Manager R e i e c t e FROM: Chris McGlincey, Planning Intern Date SUBJECT: Conditional Use Permit Review LOCATION: West of Highway 61 between Beam Avenue and County Road D APPLICANT: F.M. Frattalone Excavating, Inc. DATE: December 14, 1993 INTRODUCTION The conditional use permit (CUP). for the property west of Highway 61 between Beam Avenue and County Road D is due for review. (See the maps on pages 4 and 5.) This permit is for mining. BACKGROUND June 28, 1982: The City Council approved a conditional use permit and three variances to mine this site. The CUP was subject to nine conditions. (See the conditions in the recommendation below.) July 25, 1983: The Council renewed the permit for five years, subject to the original conditions. October 10, 1988, and October 20, 1989: The Council renewed the permit for one year, subject to the original conditions. October 22, 1990: The Council renewed the permit for three years, subject to the original conditions. March 25, 1991: The Council denied a permit change to add a materials crushing/recycling operation to this site. DISCUSSION Mr. Frattalone expects to mine this site for five more years. Several neighbors have complained about the operation. A nearby resident made the following comments: 1. Close the access to County Road D and move the gate up to County Road D. People pull in and park for awhile. 2. Frattalone does not comply with dust control. 3. Require that no trucks use County Road D. We are recommending several changes to the permit. These changes are to reflect current conditions, policies and practices. In addition, we are recommending that all trucks use Highway 61, the gate shall be moved to County Road D and the permit shall end in five years. RECOMMENDATION Approve the resolution on page 6. This resolution revises the conditional use permit conditions as follows: (I have underlined the additions and crossed out the deletions.) 1. The requirements in Article IV (Mining) of Chapter 36 of the City Code shall be followed. 2. Trucks that are coming to or leaving this site shall only use Highway 61 and the frontage road. The operator shall install "CAUTION TRUCKS HAULING" signs for north and south traffic on Highwayyb 1. 3. The operator or contractor shall get a mining permit approved by the City Engineer each year. No work shall be done without an annual permit. This permit shall state the amount of material that can be removed each year. The operator or contractor shall submit a site plan each year, includinggrading, drainage and erosion control information. The gjading plan shall include contours of the existing and final grades. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control Handbook. All work shall follow the annual plan and permit. • ! • • r • ! ! • • l � r • • • � r • ■ ! rw r • • ! , • • • r�� .r • ! Lime W / r / ! • • ! 16 W'ft •• '� / ! • r I 1 ! • A !MW • • r • • ! • • • • ! ! r r r • • r r • • / ggi� 11 • r • •w r ! • �I i / ! ! • r . ! 01! r • �. • I 1 ! ` • / • • I A ! A rw !• • • ww •-mip �ww-j=/a a • • ! ! w� • • q q • r 4. E.There shall be no explosive detonations of any kind on the site. 2 S. The contractor or operator shall install, maintain and use a suitable structure or method to remove excess dirt from trucks and trailer tires before entering, a public street from the site. The contractor or operator shall submit a,pllan for this structure to the CityEn 'neer for approval. r r •• •r r r I • • r g • r• I. • I r r r • • I r • •I 111 11111111111111111 VI • 4 is NIIII•lilliIilw 1111110, WA WI III •11 11 'WA'A III OW6 •PN • ' • i • • r • I • • Ir • r • `WII up • • • • • I • • I • • • M I • 1 • • • A r r• •• •• r r r• r r � I• • r i• • r •• r r r r/• • • • • • I • • I • • I • I101 • 6. 14.The permit holder is responsible for acquiring any permits from other agencies. 7. The gate shall be moved to County Road D and kept locked. 8. This permit shall end in five years. The City Council shall not review this permit again unless there is a problem. •r I r • r r r • r r r • I r r.► 1 • • I • •414 • 6 6 Lvt• / I • • / • I I • s I • 21 MUM WAI go/b-6:frattalo.mem (4) mb/mem/frattalo Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Resolution 3 Attachment 1 • • • • w 4 • N w • • •� • • p •, • • • � • ♦ • @.,*,*• i •ti r ► • •. • • • • • • • �� • • • • • • • • ok ! �• 1 • ♦ •� •i i • I • •• ` • f •• . •• •• .. • • • !`; 040 ' COQ! RD 7 1 :i• • •• GYM *set it. 6 pp BEAM A�% •. •. MBEAM• . •:r..... ,w *01., .• ••* , . gas .... koy 9 ••00W 410 • o, Kohimon NN „� • oke , • K oHuww AVE. � pw* • ��' �" COUNTY ROAD c �,, r S tA- • PAl.M� '� v GT p� e� LT ' CONNOR AVE. DEMONT• oEmow s�Roo� BR G?• AVE to �vsw••— `' .SEX TA:'iT AVE � G€RYNS AVE. } CM/YS PKWy � CRM101AE1N AVE A SHERREH AVE COPEK�Ya�C L LT Keller &-o: AVE � � Lain � � CO. < Ito. �i � - LAURIEI R0. �i � � RD. 4w � SAN URST LOCATION MAP 4 N PROPERTY LINE / ZONING MAP COUNTY ROAD Isbl. iii - 17! O t 9S 20 100 43o.ra 0 .51as• �e s 1138 117 -23.� 127 4 t3o 1 od� 5.45 rc. 2.bloc, Rl (`�) - 97 1 aZ0 l- � .�+. � 1 0s .46tC Lt N id 0 (5) � -100 (ot g O• r I •5 !r . A J - - - - t4btl. L - - - - -1.E �•/� 5 ' MMEW �• J ,. N - z4a oq- NSP POWER LINES - - - ---- - --�- . tri ' ,3065 L , 2 vo i s 04' (..Dias• Q .24ae ti P.C. 1144 -tio4t.r � y0.93at (-sour,•) ' "' 1174C3 .. �G) 1 Y 1u3 a� o 117s I , .. s)Ls Nev 04. 63) NOW !19.30 JI! es `Jfl,p 299 00 33' limit 7rr JJ5 0Jr4 - 4AMac. ' I 9 2 2993 29 A- . COUNTRYVIE i1 SU#I�IW T'T` GULDENS � 1'2990r i 3 _2989 (38) + Q Ri Z9�7� I 2984 c 1 29s�3 *cu s° } . 64D J -30 O i '� 4k0. C —NONE won= s - .+ A t: 2972 �,3 0e-30 sC• 5.qe. d il t y 07 z PROPERTY LINE / ZONING MAP 4 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the City Council is reviewing a conditional use permit for mining; WHEREAS, this permit applies to the property on the west side of Highway 61, between Beam Avenue and County Road D. The legal description is: Except the north 676 feet of the following; beginning on the NE corner of Section 4, then west on the north line of said section 5 feet, then south 741.3 feet to point 15 feet west of east line of said section, then east to east line of said section, then north to beginning in Section 4, Township 29, Range 22 and in RLS No. 322 Tract A and also the south 441 feet of the north 1006 feet of the east 661.6 feet of the NE 1/4 (Subject to highway and easements) of Section 4, Township 29, Range 22 and Subject to County Road D and subject to gas pipeline easement and except east 661 6/10 feet of the north 1006 feet, the NE 1/4 of the NE 1/4 of Section 4, Township 29, Range 22. WHEREAS, the history of this permit is as follows: 1. The City Council approved this permit in 1982. 2. The Council renewed this permit in 1983, 1988 and 1990. NOW, THEREFORE, BE IT RESOLVED that the City Council replace the permit conditions with the following conditions: (I have underlined the additions and crossed out the deletions.) 1. The requirements in Article IV (Mining) of Chapter 36 of the City Code shall be followed. 2. Trucks that are coming to or leaving this site shall only use Highway 61 and the frontage road. The operator shall install "CAUTION TRUCKS HAULING" signs for north and south traffic on Highway 61. • 3. The operator or contractor shall get a -mining permit approved by the City Engineer each ar. No work shall be done without an annual permit. This permit shall state the amount of material that can be removed each year. The I'S operator or contractor shall submit a site plan each year includingradin, drainage and erosion control information. The grading plan shall include contours of the existing and final grades. The erosion control plan shall be consistent with the Ramsev Soil and Water Conservation District Erosion and .Sediment Control Handbook. All work shall follow the annual plan and permit. • . . . . . • . • • • • 7 • • �. . . • . . . I • .. • . Oak . • I• •r . . .. . . . AII ilk 6rarAa mfi • • IP W 11 V it" li 5 101lN 9 4 • W V Ill IN • 9 W IN • ILVI OP •r . . . r . T-1 Uw.i. 751.216LA11hI I . • •. Wftl. . . r.. IMPI 16 W• • I • • • A.LW .. . . . . r . . . . . . •• . .• .•� . .r . . . . . .. .s . . • WAby . .. .r• .. • 40 • / . . r • ism . a . . . . . • . • r . • • 1,0101 we N • • . . • . . . • sILMMIAP• •lijeffillillim q• . • • . WllllllM,AAP N• . . r . . 1 . . • . . • • . I . • • . r • . . • • .. . . r lWifflillillillllZ11111111 I I • 1AK • v 011illN W 011 . - • . • • -- IL ;SW1ftVJdl . .r ` 4. E.There shall be no explosive detonations of any kind on the site. 5. The contractor oroperator shall install, maintain and use a suitable structure or method to remove excess dirt from trucks and trailer tires before entering a public street from the site. The contractor or operator shall submit a plan for this structure to the Cily Engineer for approval. r . a • . . . • a • a . . . • • . • • • I . . a • • .r a WAWM'ALWAM• • . I • • . • • • Nis PRIWA . M., 5.k WAYS islWAYAhl • • • •. • • • 1111 Of . . . . • . • WA 0606M . qftjtANNEW • W-AWIAI qwumLmwlLwAqww�ILM1092• 4 6 . • I • 6. 14.The permit holder is responsible for acquiring any permits from other agencies. 7. The gate shall be moved to County Road D and kept locked. 8.. This permit shall end in five gars. The City Council shall not review this permit again unless there is a problem. lb iN R 6P.111 001-111111111i i.,L.'s W. . . . LiftWILWA WIN . . 0 WA WI 4MAALWLIN . . . . . . . The Maplewood City Council approved this resolution on , 1993. 7 i MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA DECEMBER 20, 1993 i. CALL TO ORDER irpkson Axdahl called the meeting to order at 7 p.m. II. ROLL CA Commission Sherry Allenspach Commssionr oger Anitzberger Commissioner L ster Axdahl Commiss41 ioner Lo aine Fischer Commissioner Jac Frost Commissioner Gary erke Commissioner Kevin 'tt * d Co�ssioner Mary rti Commissioner Gary Pea n Commissioner William ssbach Commissioner Marvi i undik III. APPROVAL OF MINUTES A. December 6f, 1993 Vrrent ent at 7:25 p.m. ent Present Present Present Present Present Present Present Present Commis/ioner Fischer moved approval of the minutes of December 6, 1993. Com;fiissioner Martin seconded Ayes --all IV. APPROVAL OF AGENDA Coronissioner Martin moved approval o�the agenda as submitted. mmissioner Fischer seconded dyes --all V. NEW BUSINESS A. Conditional Use Permit: Highway 61 Mining (Frattalone) (Section 4) Iden Roberts, Associate Planner, presented the staff report and answered questions from the Commissioners. Frank Frattalone, 3305 Centerville Road, was present and answered questions from the Commissioners. Mr. Frattalone said the access road to the site has been moved to the north and is swept once a day during heavy use in order to control the dust. He said the traffic problems on Highway 61 caused by the trucks are minimal. Planning Commission -2- Minutes of 12-20-93 Chairperson Axdahl asked for comments from the audience. There were none. Commissioner Frost moved the Planning Commission recommend approval of the resolution which revises the conditional use permit conditions as follows: 1. The requirements in Article IV (Mining) of Chapter 36 of the City code shall be followed. 2. Trucks that are coming to or leaving this site shall only use Highway 61 and the frontage road The operator shall install "CAUTION TRUCKS HAULING" signs for north and south traffic on Highway.61 ■ - 3. The operator or contractor shall get , a mining) permit approved by the City Engineer each year. No work shall be done without an annual permit. This r . I I .■. I I I I permit shall state the amount of material that can be removed each year. The operator or contractor shall submit a site plan each year, including grading, drainage and erosion control information.. The grading plan shall) include contours of the existing and final grades. The erosion control plan shall be consistent with the Ramsey Soil and Water_ Conservation District Erosion and Sediment Control Handbook. All work,.■I■shall follow the annual plan and permit. • WK. T.Y.72% V. • •VIII 2 r • • r 'W • s 0 V A AP 9 41101 W WAJill1JILW�AIIIIIIIIIIIIIIIII III • All, a • • • •• • • S A w. • •r w • • / • ii S LP WMIM I Ldtq• 9 11111 • • I M •• 1b a • •UW -TM 6ray,06A •• • • All, • • • • 16 WANIsin .. • r•• r• i► • v • • w • ! • ■ I • • ! • . O • • ! • • • • r • • • • • w r r Mill • •r • • • • wr • • r r • • • • • • r w • • r • iem"• r • • • % 6 1 F, • rZ 01 •ILI I • • r L 6• qp • • w w r r • • • l��i•/�i�I I • • • • • r • •w • w • • • • r w \ • • •r • • • ` 4.E: There shall be no explosive detonations of any kind on the site. -- - ---- 5 - -- The contractor- or- operator -shall- install,- maintain- and use a suitablestructureor method to remove excess dirt from Itrucks and tailer tires before entering_a public street from the site. The contractor or operator shall submit a plan for this structure to the Cil Engineer for approval. Planning Commission Minutes of 12-20-93 -3- r r - r. -. r - . r r . A .. . r. . • • . 4!• • • • A• r A. .. A .. . r . . r l A A. FM MI• -- i A .. AwAVV. . . . I . . . • Wj& I . wA WwA. • 6.H: The permit holder is responsible .for acquiring any permits from other agencies. 7. The gate shall be moved to County Road D and kept locked. 8. This permit shall end in five years. The City Council shall not review this permit main unless there is a. problem. .. . i.MA r - � - i.A - - — - - - - A . . .. . . - - - - — - . I Pill10110111. . . . . . . . . . . . _ . . . . d!q MWAII Mir" SOFA Commissioner Pearson seconded Ayes --all The motion passed. B. Preliminary ?Iat Time Extension: Waterford Addition (Section 24-28) Ken Robertsociate Planner, presented the aff report and answered questions from the CoAssioners. Commissioner Ma in said her parents consideration fort 's preliminary plat of interest for her to it on the Comm The Commission coni ed. uyfi property abutting the property under oposal, but she did not feel it was a conflict ion for the discussion and vote on this item. John Dobbs of Heritage evelop ent was present representing the applicant. Mr. Dobbs explained he has ha m y discussions with the Watershed District regarding the wetland filling and miti ion, storage of storm water, and the easement. Chairperson Axdahl asked or c mments from the audience. Mark Malleuge, 1288 Dorland Road, said this ope was appropriated for . open space acquisition. Staff responded that the pro erty whic will be acquired for open space areas has not yet been determined. Ron Sokolik , 2371 Carver Avenue, spoke regarding the easement proposed for a part of his property. Larry Grand, 2405 Carver Avenue, said he wanted the property to be open space. Mr. Grand said he would like to meet with Mr. Dobbs to discuss the project. PUBLIC HEARING NOTICE The Maplewood City Council invites you to a public hearing. This hearing is to consider changes to an existing conditional use permit for the property west of Highway 61, between Beam Avenue and County Road D. City staff is recommending the changes. This permit is for mining. The Operator is F. M. Frattalone Excavating, Inc. The Council will hold this hearing on Monday, January 10, 1994 at 7:15 p.m. or later in the City Hall Council Chambers (1830 East County Road B). Call Geoff Olson at 770-4562 for more information. Sign language interpreters are available. You must request this service at least 96 hours in advance. Call 770-4524 to make arrangements. PUBLISH: December 29, 1993 MEMORANDUM ,Action by Counc11 *vi TO: City Managernd®rasa FROM: Director of Community Development ment Modifi' a SUBJECT: Reduced Setback -1191 South CenturyAvenue Rejected,-,-,.- DATE: January 4, 1994 Date On December 13, 1993, the City Council tabled this until January 10, 1994. 1 have attached the minutes. go\b-6:libval4.mem (13-28) Attachments: 1. December 13, 1993 minutes 2. December 7, 1993 memo and attachments 3. December 1, 1993 memo and attachments MEMORANDUM TO: City Manager FROMO Director of Community Development SUBJECT: Reduced Setback: 1191 South Century Avenue DATE: December 7, 1993 On November 22, 1993, the City Council tabled a request for a reduced setback for 1191 South Century Avenue. The Council tabled this request until December 13. The Council asked the staff to investigate building a new drive on the property to the south. The - Council asked the property owners to meet with the staff and discuss the problems. On November 30, 1993) I met with the property owners. All parties agreed that a new drive to the south would resolve the problems. We briefly discussed financing the drive, but did not agree on anything. The Valiukases stated that they would continue to use the ' existing drive, but would help pay for a new drive. The Libby's would use the new drive. I have attached a report on this drive from the City Engineer. The parties did not agree on any changes to the conditions recommended by the staff. (See the attached December 1 staff report. I added some changes that were suggested by the City Council.) I have attached a proposal that Jay Libby presented at our November 30 meeting. The parties did not agree to this. go/b-6:libval3.mem (13-28) Attachments: 1. Engineer's Report 2. Proposal from Jay Libby 3. December 1 staff report 2. Ambulance 11 - Application for Cancell n Versby) a. g a Manager Mana McG resented staff report. P b9 a oved to den the reQuest Councilmember Zap to cancel the ambulance bill for Stanl J. sb . • es -Mayor Seconded b ouncelmember Juker Ay Bastian,' Councilmembers Juker, Zappa Na s - y Counci1members Carlson, Rossbach 3. Reduced Setback: 1191 South. Century Avenue .(Valiukas). a. Manager McGuire presented the staff report. ' 't Development Olson resented the specifics of the b. Director of Community p P report. ' f Public Works Haider resented the c. Director o P additional information. ' asked if anyone wished to speak before the Council d. Mayor. Bastian y regarding this matter. The following were heard: Henri Valiukas, 1191 So. Century Keith Libby, 1195 So. Century Jay Libby, 2591 Carver e. Councilmember Zappa moved to table this item � and refer the Libb s and Valiukas to the Dispute Resolution Center. Seconded by Councilmember Carlson f. Councilmember Zappa withdrew his motion. g. Councilmember Zappa moved to den the setback _ variance. Seconded by Councilmember Juker Ayes - Councilmember Zappa Nays - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach h. Mayo app Mayor Bastian moved to a rove a variance for reduced setback. Seconded by Councilmember Carlson Ayes �lm y - Mayor Bastian, Councilmember Carlson flays - Councilmembers Juker, Rossbach, Zappa i . Mayor Bastian moved to table this item to the first meet i n in --January,, Councilmember Zappa A - Mayor Bastian, Councilmembers Seconded by C pp es y Carlson, Rossbach, Zappa Nays Councilmember Juker 4. Truth -in- 'ng ordinance ,. eading b` a. M c uire p nted the staff report. 21 12-13-93 AGENDA REPORT TO: City Manager FROM: City Engineer AGENDA ITEM SUBJECT: 1191 Century Avenue South—Driveway Alternatives DATE: December 7, 1993 Many driveway alternatives have been suggested during city council discussions, meetings with the property owners, and staff discussions. This report attempts to organize the various alternatives for discussion purposes. There are three main alternatives. Each alternative deals with different combinations of right of way and driveway location. Under each of the three alternatives there are subheadings based on the width of driveway to be considered. The estimated cost of the nine alternative combinations is presented in the attached table. Land acquisition is a major component in the cost estimates. Keep in mind the land acquisition costs are only estimates. The estimate is based on similar acquisitions that have been made in different parts of the city. The actual cost could increase significantly if eminent domain proceedings are employed or other irregularities are encountered. The nine alternative combinations presented, here assume immediate implementation. There is a whole other series of hybrid alternatives that may be considered when timing is taken into account. Rather than try to analyze all of the possibilities, the following table is presented to compare only the combinationof nine alternatives. ALTERNATIVE COMPARISONS Alternative 1A New 12 foot drive on new right of way south of existing right of way from Century Avenue to the east end of park property (beyond Valiukas' pool). Vacate east portion of existing right of way. Alternative 1A (Cont.) Pro • Separates driveway users • Eliminates need for setback variance Con • May damage large oak trees due to construction in drip line. • Large cost ($21,450) • Involves additional property owner (Ledo) • Does not address future needs for additional homes or park access. Alternative 1 B .New 20 foot drive on new right of way south of existing right of way from Century Avenue to the east end of park property (beyond Vatiukas' pool). Vacate east portion of existing right of way. Pro Con • Separates driveway users Increased damage to large oak trees due to construction in drip line. • Eliminates need for setback variance Large cost ($23,270)) • Meets fire code requirements Involves additional property owner for additional homes (Ledo) • Does not address future needs for park access Alternative 1 C New 24 foot drive on new right of way south of existing right of way from Century Avenue to the east end of parkpropertyy (beyond Valiukas' pool). Vacate east portion of existing right of way. Pro Con • Separates driveway users Increased damage to large oak trees due to construction in drip line. Alternative 1 C (Cont) • Eliminates need for setback variance • Meets fire code requirement for future homes • Provides park access Large cost ($24,430) • Involves additional property owner (Ledo) Alternative 2A Anew 12 foot driveway on new right of way south of exiting right of way from Century Avenue to the west end of park property (Libby third lot). Vacate all existing right of way. Pro • Separates driveway users • Eliminates need for setback variance • Provides all new pavement for Libby's 3 lots Con May damage large oak trees due to construction in drip line Large cost $25,870 Involves additionalproperty owners (Ledo, Ramsey. County) Does not address future needs for additional homes or park access Alternative 2B Anew 20 foot driveway on new right of way south of exiting right of way from Century Avenue to the west end of park property (Libby third lot). Vacate all existing right of way. Pro • Separates driveway users • Eliminates need for setback variance Con • Increased damage to large oak trees due to construction in drip line • Large cost $30,400 Alternative 2B (Cont.) • Provides all new pavement Involves additional property owners for Libby's 3 lots (Ledo, Ramsey County) Meets fire code requirements Does not address .future need for for additional homespark access Alternative 2C Anew 24 foot driveway on new right of way south of exiting right of way from Century Avenue to the west end of park property (Libby third -lot). Vacate all existing right of way. are Separates driveway users Eliminates need for setback variance • Provides all new pavement for Libby's 3 lots • Meets fire code requirements for future homes • Provides park access Con Increased damage. to large oak trees due to construction in drip line Large cost ($32,160) Involves additional property owners (Ledo, Ramsey County) Alternative 3A Utilize existing 12 foot driveway on existing right of way from Century Avenue to the east end of park property.. Pro Con • No cost • No tree damage • No property acquisition • Requires setback variance • Does not address future needs for additional homes or park access • Does not resolve users dispute over driveway utilization Altemaiive 3B Widen existing 12 foot driveway to 20 feet on existing right of way from Century Avenue to the east end of park property. Pro Con • Low cost ($3,250) Requires setback variance • No property acquisition Does not address future need for park access • Limited to no tree damage • Does not resolve users' dispute over • Meets fire code requirements driveway utilization for additional homes Alternative 3C Widen existing 12 foot driveway to 24 feet on existing right of way from Century Avenue to the east end of park property. Pro Con • Low cost ($4,6.00) Requires setback variance • No property acquisition Does not resolve users' dispute. over driveway utilization • Meets fire code requirements for additional homes Increased damage to large oak trees due to construction in drip line • Provides park access KGH jC Attachment ESTIMATED COSTS (Including Land Acquisition) DRIVEWAY WIDTH ALTERNATIVE 1 ALTERNATIVE 2 ALTERNATIVE 3 New driveway on new R/W south of existing R/W from Century Ave. to the east end of park property New driveway on new R/W south of existing R/W from Century Ave. to the west end of park property Existing or wideneddriveway on existing R/W from Century Ave. to the east end. of park property A. 12 feet $2,19450 $25,870 0 B. 20 feet $23,270 $30,400 $3,250 C. 24 feet $24,430 $32,1160 $4,600 L I BBY VALI UKUS MAPLEWOOD DRIVEWAY USAGE AGREEMENT • gete;v4tan THIS AGREEMENT MAY HELP PREVENT THE ISSUE OF THE DRIVEWAY AND - THE ILLEGAL SET BACK OF THE VALIUKUS HOUSE, FROM *BEC OMING A PROBLEM NEEDING THE ATTENTION OF THE CITY COUNCIL, AGAIN, (THE PROPER WAY TO SETTLE THIS MATTER IS TO EITHER BRING THE VALIUKUS PROPERTY UP TO CODE, OR .HAVE THE CITY OF MAPLEWOOD AND THE. VALIUKUS FAMILY CONSTRUCT A NEW.ROAD, ON LEDO PROPERTY., SOUTH OF THE CURRENT ROADWAY.") THIS AGREEMENT WOULD BECOME A PERMANENT PART OF ALL FOUR PROPERTIES VIOLATION OF ANY PART OF THE AGREEMENT BY THE VALIUKUS FAMILY WOULD WARRANT A NEW HEARING BEFORE THE MAPLEWOOD CITY COUNCIL, AND COULD RESULT IN THE REVOCATION OF THEIR SET BACK REDUCTION AGREEMENT, IF ISSUED BY THE COUNCIL. 1: NO SPEED BUMPS. 2: ALL COSTS FOR SIGNAGE OR ? ARE TO BE SPLIT BETWEEN THE VALIUKUS FAMILY AND.THE CITY OF MAPLEWOOD. NO COST TO THE LIBBYS. THIS WOULD INCLUDE THE COST OF RECORDING THIS AGREEMENT. 3: ADD ONE OR TWO '!SPEED LIMIT 10" SIGNS ON EACH SIDE OF THE DRIVEWAY, ONE OR TWO FOR EASTBOUND TRAFFIC AND ONE OR TWO FOR WESTBOUND TRAFFIC. (MAXIMUM TOTAL OF FOUR.) 4: ADD TWO "NO PARKING ON DRIVEWAY" SIGNS IN THE AREA OF THE VALIUKUS HOUSE/GARAGE. 5: FORBID ANY PARKING IN FRONT OF THE THREE VALIUKUS GARAGE DOORS. THIS JUST WILL NOT WORK NOW, OR WHEN THE DRIVEWAY IS WIDENED. 6: REQUIRE THE PAVEMENT OF TWO PARKING SPACES ON THE WEST SIDE OF THE VALIUKUS GARAGE, THE SOUTH LINE OF THESE SPACES WOULD BE THE SOUTH WALL OR FRONT OF THEIR GARAGE. ALSO REQUIRE THE PAVEMENT OF THE SPACE BETWEEN THE TWO NEW PARKING SPACES AND THE DRIVEWAY, AND THE .PAVEMENT OF THE SPACE BETWEEN THE DIIVEWAY AND THE ENTIRE FRONT OF THE GARAGE. (BY MAY 11 1994, MAY BE AN UN—REALISTIC DATE BECAUSE OF WEATHER CONDITIONS. JUNE 15, MIGHT BE BETTER.) 7: ON.NOVEMBER 1, OF EACH YEAR, RETROACTIVE TO NOVEMBER 1, 1993, THE VALIUKUS FAMILY, OR SUBSEQUENT OWNERS OF THE NOW VALIUKUS PROPERTY, SHALL "SETTLE UP" WITH THE LIBBYS FOR MAINTAINANCE DONE TO THE DRIVEWAY. (SINCE ANY GOVERNMENTAL AGENCY CHARGES BY "FRONTAGE FOOT" WHEN -ASSESSING FOR ROAD CONSTRUCTION OR IMPROVEMENT, IT IS ONLY APPROPIATE THAT THE VALIUKUS PROPERTY PAY 25% OF ALL MAINTAINENCE, REPAIR, ADDITION, OR REPLACEMENT COSTS ASSOCIATED WITH THE FULL LENGTH OF THE DRIVEWAY SINCE THEIR SOUTH PROPERTY LINE RUNS THE TOTAL LENGTH OF THE DRIVE.) THIS SETTLEMENT SHALL BE DONE BY INVOICE TO VALIUKUS, AND SUPPORTED BY DOCUMENTATION OF WORK DONE. THIS INVOICE COULD INCLUDE A FAIR CHARGE FOR WORK DONE BY THE LIBBYS, AND WOULD NOT BE LIMITED TO OUTSIDE CONTRACTORS. ANY DAMAGE DONE TO THE DRIVEWAY BY THE VALIUKUS FAMILY OR THEIR INVITEES WOULD BE REPAIRED AT THE'TOTAL EXPENSE OF THE VALIUKUS FAMILY. THIS PREVIOUS STATEMENT ALSO APPLIES TO THE LIBBYS. MAINTAINENCE WORK TO THE DRIVEWAY IS ALWAYS THE CALL OF THE LIBBYS SINCE THEY HAVE THE DRIVEWAY AGREEMENT WITH MAPLEWOOD. 8:" NOTICE, OF WORK BEING DONE, WOULD BE GIVEN TO VALIUKUS BY LIBBYS, AS FAR IN ADVANCE AS POSSIBLE, FROM THE DATE THE WORK IS TO BE DONE. THIRTY DAYS ADVANCE NOTICE WOULD BE OFFERED WHENEVER POSSIBLE, BUT, IN ALL CASES, THE NOTICE WOULD-BE TO THE BEST OF LIBBY'S ABILITY. THE VALIUKUS FAMILY WOULD HAVE THE SAME NOTICE OBLIGATION TO THE LIBBYS IF THEY INTENDED TO DO SOME MAINTAINCE WORK NOT COVERED BY THIS AGREEMENMT. 9: VALIUKUS AGREES TO PAY 100% FOR THE DAMAGE ALREADY DONE TO THE DRIVEWAY BY THE DELIVERY TRUCKS ASSOCIATED WITH HIS HOME ADDITION. 10:.ON MAY 15 OF EACH YEAR, STARTING IN 1994, THE VALIUKUS FAMILY SHALL "SETTLE UP" WITH THE LIBBYS FOR SNOW PLOWING DONE THE PREVIOUS WINTER. THE AMOUNT CHARGED WILL BE "SO MUCH PER PLOWING". A COST CAN EASILY BE GOTTEN FROM TWO CONTRACTORS RELATIVE TO WHAT THEY WOULD CHARGE FOR THE SERVICE. LIBBYS COULD OPT TO CHARGE LESS, BUT, WOULD AGREE NOT TO CHARGE MORE. THIS AGREEMENT DOES NOT ASSIGN THE RESPONSIBILITY OF PLOWING "UP TO VALIUKUS STANDARDS", TO THE LIBBYS, BUT, ONLY ALLOWS PAYMENT FOR ,WHAT THEY HAVE DONE. THE VALIUKUS FAMILY CAN, AT THEIR OWN COST,.HIRE ADDITIONAL PLOWING IF THEY DESIRE. (THE LIBBYS ARE WELL AWARE OF THEIR RESPONSIBILITY TO PLOW THE DRIVEWAY PER THE MAPLEWOOD DRIVEWAY AGREEMENT.) 11: THE VALIUKUS FAMILY AGREES THAT BY DECEMBER 1, 1994, THEY WILL MOVE THE ROW OF PINE TREES IN FRONT OF THEIR HOUSE, ALONG THE DRIVEWAY, FURTHER NORTH, TO ALLOW FOR THE DRIVEWAY TO BE WIDENED, THEY FURTHER AGREE THAT IF THE TREES ARE NOT MOVED BY THAT DATE, THEY WOULD HAVE NO CLAIM IF THE TREES WERE DESTROYED IN ANY FUTURE WIDENING OF THE DRIVEWAY. 1290 THE VALIUKUS FAMILY AGREES TO MOVE * THE LARGE ROCKS AT THE BOTTOM OF THE DRIVEWAY,.ON THE NORTH SIDE, BACK AWAY FROM THE PAVED SURFACE OF THE DRIVEWAY AT.LEAST TEN FEET. THESE ROCKS ARE NOW VERY DANGEROUS TO ANYONE PLOWING SNOW. 13: MANDATE THE CONSTRUCTION OF A FENCE ON THE VALIUKUS SOUTH PROPERTY LINE, FROM FIFTEEN FEET EAST OF THE HOUSE TO FOUR FEET EAST OF THE FIRST GARAGE DOOR. (THE DOOR FURTHEST EAST.) A BERM OR HEDGE WILL NOT WORK, THERE JUST IS NOT ROOM. ADD DATES FOR COMPLETION AS APPROPIATE. MAYBE THERE IS A NEED FOR SOME TYPE OF DRIVEWAY "ASSOCIATION". SINCE THERE ARE FOUR PROPERTIES INVOLVED, AN ASSOCIATION WOULD SET THE STANDARD FOR ALL TO FOLLOW, AND ALL CURRENT OR FUTURE BUYERS WOULD KNOW EXACTLY WHERE THEY STOOD. MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Reduced Setback: 1191 South Century. Avenue DATE: December 1, 1993 INTRODUCTION Mr. and Mrs. Valiukas are requesting that the City approve a reduced setback for their garageand house addition. (See their attorney's letter on pages. 42-44.) They live at 1191 South Century Avenue. (See the location maps on pages 7 and 8.) Their garage and house addition are 7-18 feet from a public street. right-of-way. (See the survey on page 10.) The City Code requires a setback of at least 30 feet. The Code states that the City may allow a different setback. BACKGROUND May 1, 1980: The City Council approved a request to construct three houses on a parcel that does not front on a paved street. Keith Libby made this request. He is the Valiukas's neighbor to the west. The Council required that Mr. Libby pave and maintain a driveway on the street right-of-way. Mr. Libby has since paved a drive to and built a house on one of the lots. Mr. Libby has completed all the Council conditions, except for providing a driveway turn -around. I have notified Mr. Libby that he must complete this. April 28, 1981: The Libbys recorded an agreement between themselves and the City about the driveway. The agreement covers the south thirty feet of the right-of-way. (See the agreement on pages 13-16.) August 1, 1986: The City leased nine acres from the County for Fish Creek Park. The Park abuts the south side of part of the right-of-way. (See the map on page 8.) The park is undeveloped. Eventually, the City plans to develop a neighborhood park on this land. The right-of-way under the Libby's driveway is the Only access to the park. When the City develops the park, the lease agreement states that the County shall provide the. City with an access easement across County property. October 7, 1991: The City issued a building permit to Mr. Valiukas to add living space, garages and a deck to his house. (See the south elevation drawing on page 11.) April 12, 1993: The City issued a building permit for new roof trusses on the front of the house. April 26, 1993: The City Council asked us to investigate the Valiukas's garage and house addition. Mr. Libby had complained: 1. About the Valiukas's use of the Libby's driveway. 2. That the Valiukases built too close to the Libby's driveway. (See Mr. Libby's letter on page 22-24.) Since then, the City Attorney and I have unsuccessfully tried to negotiate an agreement with the property owners. We had several meetings with the Libby's and Valiukas's attorneys. We got as far as drafting the agreement on pages 17-21. The Valiukases agreed to this agreement, but the Libbys did not. ALTERNATIVES 1. Approve the reduced setback, subject to conditions. 2. Require that the Valiukases move the building north to meet the setback requirements. DISCUSSION Dispute over Use of the Driveway The Libbys and the Valiukases are having a dispute about the use of the driveway. Mr. Libby complains that: 1. The Valiukases and their visitors block the drive with their Vehicles. 2. Pedestrians on the drive are a safety hazard. 3. The. Valiukases use the drive that Mr. Libby constructed and maintains. The Valiukases complain that the Libbys speed on the driveway. They made a citizen's arrest of Mrs. Libby for speeding. Since the right-of-way is public, the City Attorney advised me that the. Valiukases have the ' right to use this drive. The City is permitting the Libbys to use the right-of-way. The City. did not give them sole rights to use the right-of-way. The Code does require a permit to build a driveway on the right-of-way. The Valiukases, however, have not paved a driveway from their garage to the Libby's driveway. The City Attorney advised me that the City could require that Mr. Valiukas share in the cost of maintaining the drive. The Libbys have sole responsibility under the current agreement to maintain the drive. Mr. Libby objects to the Valiukas's and their visitors parking on the drive. The garage is eighteen feet from the driveway. Eighteen feet is enough room to park an average car if the driver pulls up to the garage. The car would overhang the right-of-way, but not the driveway. Sometimes the Valiukases do not pull up to the garage. Visitors have been parking on the drive. 2 Fire Code Eventually, four homes will use this right -of -way --the Valiukas's lot and the three Libby lots. The Fire Code req uires the following for three or more houses on a driveway: 1. At least a twenty -foot -wide all -weather -surface driveway 2. No parking -Fire Lane signs 30 A turn -around for fire trucks at the end of the drive These same threerequirements apply to two houses using a .drive, except that the drive only needs to be twelve feet wide. (Mr. Libby's drive is twelve -feet -wide.) The drive will have to be widened to twenty feet before another house can use this drive. The City may need this right-of-way for park access some day. Because, of steep slopes and wetlands, access to the City park may be difficult through the County land, If the City uses the drive for park access, the City will have to widen the drive to at least 24 feet. The Valiukas's Building Setback We made a mistake in issuing the permit. We should have required a setback of at least thirty feet from the right-of-way. The planner thought than the right-of-way was a driveway easement. If the right-of-way was an easement, the addition and garage would be leg al. The mistake was unfortunate, but understandable. The mistake occurred because: 1. Mr. Valiukas's site plan showed the right-of-way as an easement. (See the site plan on page 9.) 2. The County labeled the right-of-way as a drive agreement on their map. (See the property line/zoning map on page 8.) Mr. Valiukas signed a standard form with his building permit that said that "The City is not responsible for errors in construction, building placement or lot ownership. These items are the responsiblility of the building contractor. or property owner." The question now is whether the City should approve the current setback. The City Code states that the City may allow a different setback if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of adjacent homes. 2. The proposed setback would save significant natural features, as defined in Section 9-188 (the environmental protection ordinance). 3 I The proposed setback is necessary to meet City, State or Federal regulations, such as the pipeline setback or noise regulations. 4. The proposed setback is necessary for energy-saving, health or safety reasons. The Valiukas's addition meets the Code requirement for a reduced setback. The addition would not adverselyaffect the drainage of surrounding properties and would g not affect therivac of adjacent homes. The setback meets the intent of the Code. The P Y J end of thears a is 18 feet from the drive. The end of the house is 27 feet from the g g typical driveway. In a residential neighborhood, a drive could be within 10 feet of an adjacent property owner's garage and within 15 feet of an adjacent property owner's house. The City should approve the setback with conditions. RECOMMENDATION Approve the reduced setback for the garage and house addition because: 1. The addition would not adversely affect the drainage of surrounding properties and would not affect the privacy of adjacent homes. 2. The setback meets the intent of the Code. The intent of the. Code is to require a mrumum setback to future or existing public streets. The City does not intend to build a street on this right-of-way. The setback between the Valiukas's structure and the driveway is greater than in typical residential neighborhoods. 3. The right-of-way creates an unusual hardship to the Valiukas's property. The City requires a larger setback to a right-of-way than to a private driveway easement. Approval is subject to the Valiukases signing an agreement by January 1, 1994. The City Attorney shall draft this agreement. The City shall record this agreement to run with the property. This agreement shall contain the following conditions: 1. The Valiukases may install one or two speed humps, one on each side of their house. The Valiukases shall paint the speed humps yellow. The Valiukases shall submit a plan for the speed humps and signs to the City Engineer. The City Engineer must approve this plan before the Valiukases have the speed humps built. The construction must follow the plan. The City Council may change this condition. 2. By May 1, 1994, the Valiukases shall erect at least two each of the following signs along the driveway: "NO PARKING OR STOPPING ON DRIVEWAY" and "CAUTION SPEED HUMP" (if speed humps are installed). One set of signs shall be east of the Valiukas's house for west -bound traffic. The other set of signs shall be west of the Valiukas's house for east -bound traffic. M 3. By May 1, 1994, the Valiukases shall- pave their driveway and at least enough off - drive parking for two vehicles. The Valiukases shall not have this driveway or parking paved until they get a driveway permit from the City Engineer. 4. The Valiukases shall pay the Libbys $75 each year for. snow plowing. The Director of Community Development may change this cost if additional homes start using this drive or the competitive costs of plowing by independent services increases. 5. The Valiukases shall pay a proportionate share of the cost of maintaining the first 220 feet of the driveway. They shall pay 1/2 of the cost if two houses use the driveway, 1/3 for three homes and 1/4 for four homes. The Lbbys shall decide when to maintain the driveway. If the Valiukases want more maintenance, they may do additional maintenance on the first 220 feet at their own expense. Either party shall give the other parry at least two weeks notice before doing any work. This notice does not have to include snow plowing. 6. when a building permit is requested for a third house, the Valiukases shall pay for 1/3 of the cost of the first 220 feet of widening the driveway to 20 feet. 7. By June 1, 1994, the Valiukases shall construct or plant a fence, landscaped berm or hedge next to their deck. This landscaping shall be continuous and high enough so that children will not inadvertently run out onto the driveway.. The Valiukases shall present a plan for this work to the City Engineer. He must approve this plan before the Valiukases do the work. All work must follow the approved plan. The Valiukases are responsible for maintaining this landscaping to the above standard. 8. The Valiukases shall hold the City harmless from any claims that may arise from the driveway's use or maintenance. 9. If there are reasonable delays, the City Council may approve a tune extension for the above conditions. 10. The above conditions shall apply to the Valiukases or any future owners of their property. go\b-6:libyval2.mem (13-28) Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Mr. Valiukas's site plan for his 1991 garage addition 4. Certificate of Survey 5 S. South Elevation Drawing 6. East Elevation Drawing 7. Current Driveway Agreement (1981) 8. Proposed Driveway Agreement (1993) 9. Libby Letter (5-4-93) 10. Libby Solution to Driveway Problems 11. Arcand Letter (6-1-93) 12. Areand Letter (6-25-93) 13. Riley Letter (7-13-93) 14. Libby Letter (7-15-93) 15. Libby Letter (8-29-93) 16. Arcand Letter (9-15-93) 17. Arcand Letter (9-16-93) 18. Valiukas Letter (10-11-93) G7 r ati2 G -ry f,T. 0.r•• . 0 nW BER o LLER DR. C .• ,... TR. ER 5 c• W PiYLIS CT AYE 1 CURRIE •.0M • A • CT. • . 2. VALLEY VIEW= �, ' Vt 3 VALLEY MEW AVE. 3. LAKEWOOD : 7 .. •' • 2 HIGH1lIfOQO AVE, Q' ''• ��' AVS r�E �• < c V, N04a AVE w v -' v . - • o OAXae • .' X DR. AIORE'tJWp 9 a t . . ., CT. 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C4.03 2 . t t� 'T Qo 7- 10 CO UBBY HOUSEAb Z5 (24) ' D77 2.•45 ac . 0 . � In � f r VAUUKAS HOUSE dW Cl �, N -el^JZ,�-k :.;; �.;.; T � .• ..g88S-t., -_ 30 DRP&WAY I • 1 ■ ■ r ■ r i i FISH CREEK PARK C n Q � � C 1 %as■an= . son sraamsw ss■s■■s■■s"■■"s■■■ss:s■■isss"■s■i COUN-T*l OF RAMSEY 1.93 ot„ � \ �'`�Lj � 1 1211 �.3 I PROPERTY LINE /ZONING MAP W Attachment 2 6po Aic • SIG o �.. Feloorol � 71 �' t to o Attachment 3- i • coi O 14o ,���+��+►� tit, a >. �•� o O i1 >1.4' cri 40 '• ; L %0 :j 9 t n $ 41 41 H 4J =0 a to O 0 z4J $4 b .a ti H ttD -C .-� .13 •L� { � .CI -t 41 E 'd w tHll i30 Q� 44 �O >qIrr' z 0 0.0E '• D 0 -.4 �.4 �� N w i N a� In a � N � � � 3A a MIA >• n. 41 z :t3 .ntvid4j w 0 N a 4 w t►-� o W I 40 I Ix t m • 1 � •1 O 00 -� Nb - = . js�O;r Q LO U coo W r N `�'• O Va ui V W ccN 01 r N 3 N W• V � 1 R cc • N cn 10 " o ... O H - -44 . W oil T th :1 Attachment 4 CL • NOW0 Neno Caand Flashall exterior open! Afvr�igheit po;rt where they pa s through' rcei, and at least 2 feet hig r t n a nX part of the building within 10 f a t - _ - :. i co Ci �D 77 ,, X 4 � •� fav T k ��. t c� -2 -2 we". WRO WW_I A P Y4 JIM up a w 0 oxior 4 , jo P amp, �v 1 0- Ap • we do N 0 ! TH `\ v m To" 'OAK of ItI inches O.ea thl ldgra-A. I jgibf�,46 Ott the fis1i, THIS AGREEMENT made and entered into thi s LA, j i ' -day of March, 1981, by and between Keith Libby and Sandra Libby, his wife, and Dean Libby and Lorri Libby, his wife, and Jay Libby, a single person, being hereinafter referred to as "Owners". and the City of Maplewood, a Municipal Corporation, hereinafter referred to as the "City". WHEREAS, that Libbys are Owners of certain land lying east of Century Avenue, south of the crossing of Minnesota Highway 694 and north of Garver Avenue and/or in order to gain access to said land, it is necessary for the Owners to obtain from the City the right to develop a paved driveway within the roadway which consists of a strip of land described as follows, to wit: Commencing at the point where the western line of the right-of-way for Century Avenue intersects the south line of Section 13, Twp, 28, R,22- westerly, a distance of 525 feet, thence at an angle of 90°, northerly 30 feet, thence at an angle of 30• and parallel to the south line of Section 13, Twp. 28, R.22, a distance of 525"feet to the westerly line of the right-of-way of Century Avenue,, and thence at an angle of 90• southerly 30 feet to the point of beginning lying in Ramsey County, Minnesota. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS 1. The City will permit the Owners to construct and maintain a driveway having a minimum width of at least 12 feet and shall be paved with bituminous material or concrete and shall meet the approval of the City Engineer of Century Avenue to the building sites and shall have an approved cleared area maintained as a turn -around. 2. The Owner hereby agrees to maintain the driveway to City standards, including snowplowing, at their total and exclusive cost. 3. The obligation to maintain the driveway shall run with the land butting.said driveway and the building sites described as follows, rNT�REG L ` 1e' to wit: L 0, 4 �~K���� Attachment_ 7 _01j 13Aud c 3m r Cot," '.nne $ $00.0 0 -- SY......,......_ yv� PARCEL "A" The Property of Jay C . Libby That portion of Government. Lot 1, Section 13, Township 28 North, Range 22 West, Ramsey County, Minnesota described as follows; The South 302.11 feet of said Government Lot 1, lying Westerly of a line 230.00 feet West of and parallel to the Westerly line of Carver Lots. PARCEL "B" The Property of Dean E. Libby That portion of Government Lot 1, Section 13, Township 28 North, Range 22 West, Ramsey County, Minnesota described as follows; The South 560.56 feet of said Government Lot 1, lying Westerly of a line 115.0 eet vest and parallel to the Westerly line of Carver Lots. Excepting therefrom those portions of said Government Lot 1 described as follows; The South 302.11 feet of said Government Lot 1, lying Westerly of a line 230.0 feet West of and parallel to the Westerly line of Carver Lots, and any part or portion of the South 560.56 feet of said Government Lot 1 lying Northerly and Northwesterly of the Southeasterly right of way Line of Interstate Route_ #494. PARCEL "C" The Property of Keith G. Libby That part of Government Lot 1, Section 13 Township 28 North, Range 22 West lying Westerly of Carver Lots and Southeasterly of Minnesota Trunk Highway #494,,-a ' lso described as follows; Commencing at the Southwest corner of said Government Lot 1, thence East along the South Line of said Lot 1 for 584.16 feet, more or less, to the Westerly line of Carver Lots.- thence North along said Westerly line for 1063.23 feet, more or less, to the Southeasterly right of way line of said Highway #494, thence Southwesterly along said right of way to the West line of said Government Lot 1, thence South along said West line for 303.58 feet, more or 1'ess, to the point of beginning. Excepting therefrom those portions of said Government Lot 1, described as follows; The South 560.56 feet of said Government Lot 1, lying Westerly of a line 115.00 feet `Nest of and parallel to the Westerly line of Carver Lots, 0v DELMQUENT TICIE 'S', � D 2 lu TRANSFER EN. A"�� .. 1 �Ojj McKENNA, Doi, �I► . o' Ptopet Tt:*tion, q�msfcY �u *� 14 «y t .---....�.. The aforesaid parcels of land shall carry with them the obligation to maintain the driveway, including snowplowing, and shall be the obligation of the parties holding fee and title. .The Owners agree to save and hold the City harmless from any and all claims which may arise out of the construction, operation or maintenance of said driveway. IN WITNESS WHEREOF, the parties of this Agreement have caused in their presence to be executed today and here aforesaid. CI Y OF MAPLEWOOD r. BY Mayor BY r' Managdr 1/7 7, f BYw Keith ibSv Sandra 1 1 �N BY 15 STATE OF MINNESOTA ss. COUNTY OF RAMSEY Onthis day of March, 1981,, before melA lvofa rc,� within and for said County, personally appeared, Keith Libby and Sandra Libby, his wife, and Dean Libby and Lorri Libby, his wife, and Jay Libby, a single person, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their, flee act and deed A A, 7 A ,Nc�takj Publl i c v A-% ra; CC14 A, 16 THIS INSTRUMENT DRAFTED BY: Donald L. Lais Ming LIBBY/VALIUKAS DRIVEWAY AGREEMENT THIS AGREEMENT, made and entered into this _. day of _,. . 19939 by and between: KEITH LIBBY and SANDRA LIBBY, husband and wife DEAN LIBBY and LORRI LIBBY, husband and wife JAY LIBBY, a single person (hereinafter "Libbys") and HENRI VALIUKAS and LYNN VALIUKAS, husband and wife (hereinafter "Valiukas") and CITY OF MAPLEWOOD, a municipal corporation (hereinafter "City") WHEREAS, the Libbys had entered into an agreement with the City on March 17, 1981. (See. attached Exhibit A). WHEREAS, Valiukas desire to utilize said driveway referred to in Exhibit A. NOW, 'THEREFORE, the parties, their heirs, assigns, transferees and representatives agree as follows: 1) That the Driveway Agreement (Exhibit A) is hereby incorporated into this Agreement and shall remain in effect; 2} The Valiukas will repair or reimburse the Libbys for damage done by a lumber truck to the driveway. The amount of damages shall be agreed between the Libbys and Valiukas. The Libbys shall advise the Valiukas of the date the truck damaged said driveway. 3) The Libbys and Valiukas agree that there shall be no speeding or parking on the driveway. The speed limit shall be 10 miles per hour. The Libbys and Valiukas shall install "SPEED LIMIT 10" signs and "NO PARKING ON DRIVEWAY" signs along said driveway. The 17 Attachment 8 Libbys and Valiukas shall install at least two of each of these signs. One set shall be west of the Valiukas' house for west -bound traffic at a site to be determined by the Director of Community wrs� for the City. The other set shall be 9,wt of the Valiukas' house for east -bound -traffic. at a site to be determined by the Director of Community Development for the City. The cost for said signs shall be shared equally by the Libbys and Valiukas. Maintenance cost for said signs shall be shared equally by the Libbys and Valiukas. The height of the sign shall be determined by the Director of Community Development for the City. 4) The Libbys and Valiukas shall install speed bumps as determined by the Director of Community Development for the City. The Libbys and. Valiukas shall also install a "CAUTION SPEED BUMP" sign next to each speed bump. The cost and maintenance shall be shared equally by the Libbys and Valiukas. 5) The Valiukas shall pave at least enough off -drive parking for two vehicles. The Valiukas shall not have this parking paved until they get a driveway permit from the City Engineer. The cost of paving shall be paid by Valiukas. 6) The Libbys and Valiukas agree to maintain the driveway to City standards, including sanding and snow plowing, at their cost. The Libbys shall be responsible for keeping the driveway plowed. It is understood and agreed that the Valiukas shall pay the Libbys $75.00 per annum for this service. This cost may be renegotiated when additional owners start using the driveway or living cost is not competitive with independent services. The Libbys and Valiukas shall divide the maintenance costs of the first 220 feet of the driveway equally among them. The Libbys and future owners shall divide the cost of maintaining additional driveway distance among them. 18 7) The Valiukas shall construct or plant a landscaped berm or hedge adjacent to their deck. Thislandscaping shall be continuous and high enough so that children will not inadvertently run out onto the driveway. The distance and height of the landscaping shall be determined by the Director of Community Services.. The Valiukas are responsible to maintain this landscaping to a standard determined by the Director of Community Development. 8) The Libbys must enlarge the driveway width to twenty feet (20') in the event there is additional construction of another house that would utilize said driveway. The standards of construction shall be certified by the City Engineer. The Libbys shall give the Valiukas notice so they can remove any trees or landscaping in the right-of-way in order to avoid destruction of bushes. and trees. The final determination with respect to the removal of trees or bushes shall be made by the Director of Community Development. The. Libbys and Valiukas shall pave the turn around at the end of the driveway. The Libbys and Valiukas shall not pave the turn • around r until the City Fire Marshall approves the design.. The cost for paving the turn around shall be divided equally among the Libbys and Valiukas. The plans for the turn around shall be approved and submitted to the Director of Public Works, 9) The requirements of signage, speed bumps, landscaping and turn arounds shall be completed upon a date established by the City's Director of Community Development, 10) The City's Director of Community Development shall decide any disagreements over the interpretation of this Agreement. Any of the parties may appeal the Director's decision to the City Council which shall be binding and final. 11) The parties, their heirs, assigns, transferees, and representatives agree to save and hold the City harmless from any and all claims that may arise out of the construction, operation, 19 maintenance or use of said driveway. 12} The Libbys and Valiukas shall maintain insurance policies. covering damage or injury caused by the construction, operation, maintenance or use of said driveway. 13) The parties, their heirs, assigns, transferees and representatives agree to indemnify and defend against any claims brought or actions filed against the City, its officers, employees, or volunteers for injury, property damage or death to any third person or persons arising out of the construction, operation, maintenance and use of said driveway. IN WITNESS WHEREOF, the parties of this Agreement cause their presence to be executed the day and year first above -written. LIBBYS By Keith Libby By Sandra Libby By Dean Libby By Lorri Libby By Jay Libby . VALIUKAS By Henri Valiukas By Lynn Valiukas c CITY OF MAPLEWOOD By By 21 ti `i} i . i w� Ek st i w i i iri i. i i ...( •Mf 'YrL •F �w1 '•w•Planner City ot, At a recent Map I e oo.d City Counc 1 i deet i ng, zt problem r-ya 1... i : `.«.5w..�r. i. �. i i i 11 ...i 1.r i" and 7`.adj..a:. f 7 ing - ` i. �.w..4.'MK 1� Heii' ,! lT':'" 7+►S i -•5 s i#; was, ... - :. ct..z sed. It understanding t zat t# ii s probl e - �.s referred �. r; o �, t..t o . �'�• � � , d t o report b c l•• . t o the Count-1 -1 at a �.! -future. feet i n . Because of this.q. .,. am wr- .}. i...1. 1 �r� this letter- to `v c t..t :i. hopes that i t will e . t ...�. �... ,: ;. , , .: problems, I have 1 n c U% r r" e d :ts .a property owner" in Maplewood.. As you... kno.w from Past records, my two brothers and received piar"im1ss io� i from t t �e {.... it '� on March .6:4 � 19E:331 to use to e �..} - :' foot rr L.i J«f � .4 i..J } i g i i i g } w ►..! J t y for r a driveway . t; way f a .«r 6- were t«e. r~ -1 .i � d l '�..J c �'. tm�. d Y ti t 5... i i «.� { � q o t i . ser • 7 Sw •J » e 1w b u i l d i i ! c. i. � i �.• a ...! L hat JJ tr1r ough lengthy "€�agotiations and public hear ing to prove that �. r } three t us } t•.7 tw� I :.•. m i..7 SY r� �,w � � i t 4.i • l../' f such a �s at i a i i c �Y.. i.✓ .- L. }--�....;r- t !cam rigt-it to use t-hie 30 feet as a dri`/eway.. vie agreed A� to grade and pave a, I2 foot dr 1vaw.:ty. We also a greed to main-ta -in and plow this driveway i n the- -z nt e r" . At n0 t 1 f-rie du r i n: � t h _J :.:� Y } o .}. � ...J e r~ .}. i.« ...i �...' 3 tom. , Y• .�...� } } ' �.. ::1 S} �% 7 .}. c h included . S L i a n y } ~ p _ . = r.. .t -= is n d. ��i a -t i ! i «.} s . �. any 't tr i e rte.: }.. .i :.» 3 : i „"is -- by anyone ii...; ail : �. ; ; , { property M v t a :.:a � � : } � :. i � .L t i - .i - a i -� 1 - � f 1 t � r� the ti:.{ � was n So. Century A �f u e� which i. s, n:� w ownc e d }...} y i 3 e n r Sjf ssi} ?.'.�. F. i. �� {'=. �..� � t{ consider-'ad tcl i...-i ::. pzar- 7.._-" any agreement, Th. '=: prop r IC had no r: hardship it was not JLandloclked and the propert%,/ ft had a d r Ji. --v e wC:-% ycalr- e ad y e � t a l Z � e d o is the north s i de of t hie -house �,&4 ich led to a tuck-under garage. This d}r i ve ay and garage s-1- t~ i -., .� In " f -� ,}. .L V l it_4 us and � e brothe� � n ;...�` ember o .1i. 91 , enr"�_ r" :' boc..a the' e property t11_J,t�fter 1t sat vacant, for time. �r•o� - .. , e - .. ,pie L e_yl p t_t r" :,,,• �-� w<e d - e i r- o p e r� - they,. chose -� o. d r� 1 a Up oLt r ''��'r i ' -to +:.'�1 r s �. b t 11-12e r i �%. i t c h � +ei i .. d �...j'�...-t r x ! s. ..» i� i i �v tv = a y, a i "a d swing t 1 proved. very, handy for - hem :..ri nce the driveway, diad been gr , tded nd paved atourL expense,and : I plowed: the snow in the w rite r e n *'"toi..t g -•i t~t e o o.. r- r 4 e.-sWas --�..�-�• r: c t 1 legal. only contact that we had with the V a *.:f.ukLis, brofhierS during the .e _ 8 or s: � years was i why n Henryo£ t 1 d call to complain a}..3oUt our kids toys left our driveway back by ourhouse, orto c0M1*P..L Zn that we drove too 'Fast on `pito driveway. Since he tq, as ot~sr• gUest~ on the driveway, , end the toy problem was on Maplewood T, 1 a }wnd a L thought he was out ot' line, t. t decid=ed. to let it slide a, id get a- R E i ig _ r 4 t »"# t i} i� ...I a. e i F t started.t !# i« � .L Z 1991. 1 am e h o i� i e :hr.-R. real4- f--om work to find- a huge pi-Ie of dirt ptled out onto our dive aye eco - .... 'AGE 2......_.. by his. house, and my cabLe TV line Cut When I went up to discuss the TV line with Henry, I mentioned that this addition n,e- was p . �, putt �. i g �n was not legal in my optaionR i asked i -f the .City was aware of the propertY lines, and he ass� red me .t h z-xt it had �� l. been # checked out and Okayed at •�;�: � � � .again r e m e a t �e d -that . I d:1 d n , t t h i r i k that it' w a s legal, a t which poi rpt he _dot huffy. Since he had a permit, I_ had to assume that things Were okay. additionThe to his house was a i err e fermi I y, r da and- 3 •r - garage, The garage *nd ��p cn.. -=•fom h i r"_.-r-tr 1 i ne: end the steps do. rf- f m the- wrap' a ­ bund nd decd end Imost Wit. -i s p-Jr-operty 1. i ne W t tr•• is :atddi•tion, Mrs. Ver: l iU11--`US h#as changed the whole. +� cus � of dr- i _yew , end ent r- Wher ea he;: original house had a driveway and a front ont Moor" facing Century Av now all .._.....it ...f come up my driveway, w nd as all. VisitOF's to a h0U�.ea dcig pul •l Lip in front of the garage door~ to park. The only problem t h a - t h e r" is no place . f o so t 4h e cz .-a r" s h �,t ## g Out ort t O �•# .y driveway. If those spots erre taken.. then visitors* park- right in s r; r .�� a t"» tai l i r i�" u �'+I t.. F%. °.::} ti.. i 3 F i ... _ (.« my d r" i � ff� � _� � �. �" d h# i s �: -. e r � r Lk '� ; _ ,e �; J r c a r s. hailing out into the driveway..,end dr•�t r� theirr- garage, All pedestrian traffic now takes place on the driveway. Mr., Ver 141. U k- us has complained about us driving. on the driveway, saying ., L - en chi 1 dr -e n are present . i t � s���'" � �t� fir" ���..t� � 'his i = very true but it is he who has caused the problem. Where € o kids I a :7 0_;n the d=" . v via y. Where do gu•firz stand � �y their Czars an' gab O n the driveway. T he. only t r �� �«� b �. e is that :� t �. � : �r� �t '" . vThe stepsea . #� fromthe new fry-)nt'ntr,_=k� it r-- { ead richt. o u tt into the i s a r i zte rte 1; =. i It is very haai'"dous, c~t ! i t..s � t.: � �.:.� r ' _ " .iter" someone will he hurt hey: .use of this site-ta-tion. R.&g I now on i �house . sbuilt that sserved by t-- :_. s drive., but in the fs I+ ure more houses, with more cars, will creat more danger on City- land he r s u� t« i..) 'r" a 11 -t. h i s i s t h a t ,.•-t ## •zt d d i t i or: b# t i l t w r" Ong I y, wi t p . d• permission screated t t« I . #swt." •. .t r"#".. r- t . l JL./ t a �:. e n over o n s r s h i p of that area o -� •� ..s l e w o o d l ad: a n d my driveway by his house, Since t h •t time, he hasherr" r rise d us al .most weed:.ly about our" use of "his." driveway. The only t h i rig he } h w n" t complained a hou•t is my plowing of snow in the winter, The final blow 1n a �f t»n.�.sq end the r..eason I h�'�e taken st,e `s to cure this problem is that my t-aife waS issued a; ticket bythe City Pol ice in December upon a "citizen s err"r-es•t compaint r" i nested s...;y the va l i u�-.:uss. 1 his move. c{...est me oney in,lawyers Fees, and prompted ime , to start action against what has been _ al I -owed to h pr» en 41 uS and our property. I had a survey done #e this Y Tif •tel" to iM. ."j t a b l i ..K h L just 1N1st wher"a lY h e 30 feet we i f a Y e u s e o . exists. When you look at these, tifai"ke3"s. and iMjn 'i..S' 4 za that the -. Valiuk-us property starts 3 feet north of them it m a'K e s one realize .jl»L t ho1w ill-advised- this - addition .. r. ea,I^ was! ... .,.,,. .,, ... - .. ,.. The .i. ti: k S t �i t occurred recently. 7 i .L �."L %. i»L+"'ti.. propertyJ.s undergoingfurtherr«emode1 in_ � When. a big 1Lt#cher" a 23 f -�_.-_' �•-•-••••.•,.a••• w..�•w: .. .. ..... •� '_ :rir -•" • VYm"q'Y+alevM� � +eoRtjainYlYrms,im" ��•vaKiay.r.A'.�. � -• �•:. N�tV4ai%aliiljil.i::.Y.4Tt.� S.H414it"""� ...eY tVhVi:,4'N.1:iulinbYl.:•i��AYZ� . .... .... .... ... .. .... _...... .,,...-.,..............:..�_., .a-.. ..:... .....a.......,.w::-.r.+.e:.rar+--+++.�kw�«+: w..:t.f'a�.+.w.ulrw- �.� �-..-_-;v.�;.1V3+LA4"�•+w.i-wt�ro:.- r...y.�w. ne.wauw...v+:w.wawoaw.,Ku rt,.w.r..¢ .wsw R.a•1 .,. ivC' .ii.3,tW vawNrLr.wmhY✓.Yw+.. ...iW Y.�M.I.)DLtTO3 :rMV '' �. a. a PAGE. 3 truck' ' trade. a dell' er-y tie river came'.down,. OLM drivew f' to thje and as he. . ;. ed i n by the Valiukushouse,bac. k he managed -o crush the edge ofa m� r l tJeway p ave eni. n 6 places, T hey Will all be' potholes soon* needing r epajr". l' _ve mark d them but 1 real lir think n 1 i..i n 1w. h at., cares -.about i problem .. tt Z Z7 T� .:l LL c i i u p s i y pro o i i ! i ~ r �f� .i. . i.. �. ..i �...}" has ' ^ i..� i..i i. 1 3 i�1i► r� �.i' " Lill �. d. a r ag driveway t h a .. by f br"ot he . and l have, a iega1 right to use,-. He. has: c#'"aate dL a. ver.y A. #. rtsa " - r" :�: sitors and Wal to his house He i t S . ,_. ,,,� �t � -d~- t fie -" vj �'i+�: I � � �� #� � i s i f i.:.� �.� � � � that � t ;"e, s �: = - Lime e d c{ new o ap 1 ewc�r��#y 1 and coma nr 1.� ��.�� ., � l V�wA1 n �r�c� S. as the .nter"'loper �, 'In., doing..... o.q t Le... a ,,rer"y real C. l u d. ovIe.r. the 3. p r oiler t i es the driveway r'"ve 21 end Aso his own.., The t,i me has come t- o rectify these problems. € l 1 my 1 ng S I n the, world. are tied Up in my house, and Mr 1 i u Lt s i s threatening t h i s i n v e s tfrnent tt I hope thatL these., problems can be solved at,the city l.et,�e1, b�..�r� �.a� t �_�� can",, t � l intend to f �. lc til S roble:it to a ; ::,i c1.Lt. :s.ion I tNOU 1 d be happy to. meet_ or t a t r:. at most any t l tie to help to SolveL ths i t ua tiOL Sincerely,s: 1 Keith G. Libby 11945 Southe_ �tur y Av. Maplewood, 15 %5 19 739-6391 .Y. Cu� 2 -_._.:_....n..ws.......:......n....u...+,..raV'.arrYY✓wlra..--•-•.wwlxreKMytaGfgbllii'1`fL110%-yiiWfi1--:•-.a+w-..wY`.a+w.urY(Iluai:-u'v.'wWY.u:'w.ur.tr:.1w' rwbilJtVli.4We0eLN1}aW:dw' w/ii,,,w.:Lr,: vd`n :CmddltGTX W:wM-'4iM1171'. a So I ut ions to br i veway Problem:. � .Va1 i ukus be informed by Maplewood, t hat -he., has, n r i g ht to use this land as a driveway or front yards and that he mis—represented his addition when- he: app'1,4Wd.: fHe.. _. has to., understand- that he,,,,, does not own, t h' S Maplewood land, a n d so far, has no legal right' to use:. it am h1 W, ma ,n driveway and- access to hishra�tee. f: .w slut ion-_ is.- fo..r._:.,Maplwwood. r�_,-.f .Frbi.-d. .....5a.l.iwk,us to Use_ .;this -. roadway at a 11 :�since he has never proveda_, � hardship,,- a��. buy It an i 11ega-1-., addit ion -Another solution- is for --Maplewood to sell t hwthree-:' landowners that have the agreement with the City the 33' roadway area, so they may control its usage.. -Another solution. w eld have to contain the following: :. Va l uk i us needs 220' for a dr i veway . and tacking around areas He s could be allowed to use that 220 of dr i veway area only if he agreed to the following conditions{ and signed a document similar to the one we have signed With the City: I w He has to. pay 25% of t he original cost ° for grading and paving f of that 220' of driveway, since he has used it ever since it was in existence. That cost is $528.00. 2W That there be a sturdy fence installed alone his property line from the last big evergreen tree, . past his door and deck to the first garage doer, and from the last garage door) to the next evergreen tree in the line. This is to prevent people from coming- dawn onto t.he, read, and. arlso to remind visitors, and owners a1 ke . that this is HOT Val iukus property! Signs: would have to be . installed on this pprtion-: of the roadway indicating. ND PARKING ANY TIME' A sign could also be.. installed.-. indicating a speed limit " ai:rnce that seems. to, be- a:- gr i pe.,.with dal u u _.. 3 `here` would be no outside or v i� s i for p ar � i hg,•. gaff` the - car i veWay'., .moi A at a 1. l Any parking,, which there is no room, for, cuts down on v si bi 1 tyx and. pro tes pedest., ac ivit�`.. VaI i.uku' s should have= ,to� drive up the�� driveway and parr k . I - his garage._. He:; wo.r 1 d have to provide cuff -street parking in front of his house and sx access° from- that., d1rectlonfor"' v1s!tors use...., 4. There should be some consequents that both he and we understatnd if he ori::.,, his visitors pari ori= theo-e roaay; where it isn't allowed. f.. 50. Val iukue Pay me $75.00 peryear for the 11 years I have plowed his driveway. .,This , includes a portion two t imes I... have seal coated the driveway., 4 t 6. Since I am,the one with the plow., he will pay me $75.00 0 per . ntwyear. every to iM".. driveway... Thi -s-, agMV.. a■ � i}{ ' •. �:. .. ... ::._ ., ., .., .; ;.,. ... jti ;. 2 Attachment, BELL, ARCAN D, FI .CERIN . TENNAN`I' ATTORNEYS AT LAW EXECUTIVE OFFICE CENTER SUITE 400 2785 WHITE BEAR AVENUE NORTH NJAMES R. BELLXX SAINT PAUL, MINNESOTA 55109 JON J. ARCAN D PATRICK E. FLORIN )*ROBERT H. TENNANT June 1, 1993 Mr. Jeff Olsen City Planner City of.Maplewood 1830 E. County Road B Maplewood, MN 55109 RE: Valiukas/Libby Driveway Dear Mr. Olson: it Y.",: 2 AREA CODE 612 TELEPHONE 779-6070 LEGAL ASSISTANT RITA WIEGAND x„ OF COUNSEL. Thank you for spending a few minutes on the phone with me on Thursday, May 27, 1.993. The purpose of this correspondence is to outline Mr. & Mrs. Valiukas' position on the use and regulation of the driveway which runs along the south edge of the Valiukas property. The first point that we wish to make clear is that this is a private driveway, however, it is located on the City right-of-way and thus capable_of being regulated by the City. As you stated, it is the City's desire that the property owners enter into an agreement resolving the questions between them and that presently the City is not interested in maintain or enforcing regulations on this drive. Our position is that there are two very distinct issues, that of the maintenance of the roadway- and right-of-way area, and the regulation of the speed in this area. The latter is the far more important issue to Mr. & Mrs. Valiukas. The City is well aware of their prior problems. Because of the topography of this drive area, unregulated speed on this driveway is a disaster waiting to happen. Since the City cannot, as,a practical matter, enforce speed restrictions 24 hours a day in this area, speed bumps and signage appear to be the most realistic solution. My clients will participate in the cost of installing one or more speed bumps, which should solve this problem. CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND THE MINNESOTA STATE BAR ASSOCIATION AS A CIVIL TRIAL_ SPECIALIST 27 Attachment 11 Mr. Jef f Olson June 11 1993 Page 2 The other area regards the use. and maintenance of this area. My clients are willing to pay $75,.00 per Iyear for plowing in the future. While Mr. & Mrs. Valiukas may have obtained some benefit in the grading and paving of the driveway., it was a decision made by the Libby family and negotiated with the City of Maplewood without their participation. They advise me that their home was constructed approximately sixty years ago and that thatdedicated roadway has been used as a driveway since then. It was dedicated to the City when platted in 1941. The upgrading and paving of this area was not essential for the use and enjoyment of the property. My clients are not willing to participate in past expenses for this area. With respect to some of the other points made in Mr. Libby's letter to the City, my clients would propose the following: 1. My clients would pave an area near their garage that would allow for parking near their garage well off the roadway and would allow for a backing or turnaround area off the paved roadway. I am enclosing'a sketch of this proposal. 2. My clients are not willing to install a fence along the property line, and in fact will remove the metal stakes that have been placed there. We view the area between the right- of-way line and the paved roadway similar to a boulevard. The maintenance of this area is essential to the aesthetics of my clients' property. Any interference with their qualified use and enjoyment of that area is unreasonable. Mr. Libby states, "This is to prevent people from coming down onto the road, and also to remind visitors and owners alike that this is NOT Valiukas property!". The fact of the matter is that it is the City's property for use as a public right-of-way. If the City were to vacate its right-of-way it would become my clients' property. Until it is vacated or the roadway expanded, or unless otherwise ordered by the City, my clients will continue to cut the grass and maintain it. An impediment to that qualified use of the property is foolishness. 3. We believe that a regulation of parking in this area is appropriate. I have noted the proposal for parking near my clients' garage and would also participate in the cost of installing signs that recite "No Parking Within Three Feet Of The Paved Roadway." I am not sure that parking along the roadway has been a problem in the past, however, any problem of cars parking off of the roadway in that area and any interference with visibility is more of a speed problem than anything else. I am not sure that either the Valiukas family or the Libby family can prohibit pedestrian traffic in this area. 28 Mr. Jeff Olson June 1, 1993 Page 3 My suspicion is that if the City ever does develop the Fish Creek Park, that in addition to vehicle traffic there. may well be increased pedestrian traffic from the adjoining neighborhoods. We discussed some additional questions regarding future expansion of the roadway. It is my understanding that if, residences are to be constructed on the Libby property that the road may need to be expanded to 20 feet in width, and that if the Fish Creek Park is developed it would require a 24 foot roadway The 24 foot roadway would probably only need to be constructed to the entrance to the Fish Creek Park. At that point. we would. assume the City would take-over the construction, operation and maintenance of that roadway as far as. the entrance to the park. We have concerns regarding the expansion of the roadway as it .relates to the oak trees along the south edge of the right-of- way. My cjlients'advise me that,these..are extremely old trees and their destruction would be quite tragic. Expansion of the roadway surface further north in the right-of-way would require, my clients move some evergreen trees and they would want sufficient notice and opportunity to make these arrangements should any expansion be contemplated. It is our hope that an agreement regarding the future use and regulation of this roadway can he agreed to between the parties and memorialized on their respective titles. Any efforts that your offices can give in this matter are greatly appreciated. JJA/daz Enclosure cc: Henri & Lynn Valiukas 29 Very truly yours , BELL, FLO on J. Armon TENNANT r� i rl rte/ i ► BELL, ARCAN D, FLORIN 8 TENNANT .c =o RN EYS AT LAW EXF-CUTIVE OFFICE CENTER SUITE 400 2785 WHITE BEAR AVENUE NORTH *JAMES R. BELLXX SAINT PAUL, MINNESOTA 55109 JON J. ARCAND PATRICK E. FLORIN *ROBERT H. TENNANT June 25, 1993 Lance W. Reilly Courey, Albers, Gilbert & Reilly 100 Washington Square Suite 1117 Minneapolis, MN 55401 Patrick J. Kelly Bannigan & Kelly, P.A. 409 Midwest Federal Building St Paul, MN 55101 Mr. Jeff Olson Director of Community Development City of Maplewood 1830 E.. County Road B Maplewood, MN 55109 RE: Libby/Valiukas Driveway Matters ..Our File No. A-12,353 Gentlemen. AREA CODE 612 TELEPHONE 779-6070. LEGAL ASSISTANT RITA WIECI ND Xx OF COUNSEL Thank you for the meeting that we had on June 23, 1993, at the City of Maplewood offices. I have had an opportunity to discuss the various issues discussed at that meeting with any client. 1. Mr. Valiukas agrees to have the broken asphalt edges repaired. As discussed, it'would be helpful if you could pin down the date that Mr. Libby feels these were broken by the lumber truck so that Mr. Valiukas may pursue the claim against the lumber company. He does advise me that Mr. Libby has large trucks come onto the premises and that these vehicles may as well be the source of the broken edges. 2. My client is unwilling to pay for the additional eight feet widening of he driveway. Clearly it is unnecessary at this time and would more properly be the responsibility of the owner of the next building to be constructed since that is when the city will enforce its requirement. * CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND THE MINNESOTA STATE BAR ASSOCIATION AS A CIVIL TRIAL SPECIALIST 31 Attachment 12 Messrs. Reilly, Kelly & Olson June 25, 199 3 Page 2 3. My client would share in the maintenance of the driveway, however, this maintenance would be limited to that portion that he uses, or approximately the first 220 feet . An agreement could be worked out whereby none of the parties could obligate any other for maintenance expenses beyond a, certain.level without the assent of all. 4. My client is willing to enter into an agreement for the plowing of the road, whereby he would pay Mr. Libby $75..00 a year as a contribution towards the plowing. At such time as additional owners construct residences to the west a review of the total cost could be made. 5. He would agree to add additional asphalt space next to his garage for the parking of another vehicle. It is my under- standing that we will have to discuss this parking and -turn around area in front of his garage with the city to either conform to their existing driveway width requirements or to obtain a variance so that it is clear the vehicles can turn around prior to- entering the driveway. 6. My client remains adamant about speed bumps for the control of speed on the driveway since signage or a warning surface on the road would still require enforcement by the City of Maplewood, whereas speed bumps would not. 7. My client agrees that there should be no parking along the roadway right-of-way and that appropriate signs can be posted. 8. My client.has also agreed that some sort of a landscaped berm or hedge could be planted adjacent to his deck area to act as a visual division between the deck area and the roadway. This should be far enough from the roadway surface so as not to interfere with plowing and traffic, yet close enough to prevent the area between the hedge and the roadway from becoming a play area. 9. At such time as the roadway would be widened to 20 or 24 feet, my client would like sufficient notice so as to move his mature spruce trees further from the roadway. As I understand the conclusion of our meeting, Mr. Kelly and Mr. Olson were going to inquire of the city engineer's office as to their recommendations on signage and speed bumps. If I recall correctly, the proposed speed limit would be that of an alleyway in the City of Maplewood which is ten miles per hour. The city engineer's office was also going to advise on its recommendations for a location and size of speed bumps and if those were going to be deemed appropriate by the city. . g g 32 Messrs. Reilly, Kelly & Olson June 25, 1993 Page 3 I look forward to hearing from you on these matters. JJA/daz cc: Henri & Lynn Val iukas 33 Very truly yours, BELL, ARCAND, FLORIN TENNANT J J . Arc d `` ' r r'r JOHN D. KOSANDA ALSO ADMITTED TO PRACTICE IN COLLEEN A. HARRIS-PEARSON ttNEBRASKA. WISCONSIN, IOWA PAUL A. ZNIMER tWISCONSIN July 13, 1993 Mr. Jon J. Arcand, Esq. BELL, ARCAND, FLORIN) & TENNANT Attorneys at Law Executive Office Center Suite 400 2785 White Bear Avenue North St. Paul, Minnesota 55109 Mr. Patrick J. Kelly, Esq. BANNIGAN & KELLY, P.A. Attorneys at Law 409 Midwest Federal Building St. Paul, Minnesota 55101 Mr. Jeff Olson Director of Community Dev to ent City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 RE: Libby/Valiukas Building Code and Driveway Matters Gentlemen: I received Mr. Arcand's letter of June 25, 1993, and discussed its contents with my client. It is clear that the private parties are unable to jointly present a proposal to the City to address the various issues presented. As I see it, the issues fall into two categories, public g and private. The private issues concern the claim for damage to the driveway and the responsibility for maintenance of the driveway. Mr. Arcand addressed these private issues in paragraphs 1, 3 and 4 of his letter. There is at least agreement that these private issues must be addressed. If these issues are separated out I am confident that the parties will work them out. 34 Attachment 13 COUREY, ALBERS, GILBERT & RILEY, P.A. J& 15 10 A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1117, 100. WASHINGTON SQUARE MINNEAPOLIS. MINNESOTA 55401 TELEPHONE (612) 339-0441 FAX (612) 339-2116 SAM T. COUREY OF COUNSEL T140MAS O. ALBERS tt _ SANDRA F. GILBERT DAVID N. COX LANCE W. RILEY !ON K. HAIVIMARBERG GEORGE R. KODADEK (1905-1991) JOHN B, WALDRON t ROBERT P. SCHWINN (1918-1990) MARK J. VIENO JOHN D. KOSANDA ALSO ADMITTED TO PRACTICE IN COLLEEN A. HARRIS-PEARSON ttNEBRASKA. WISCONSIN, IOWA PAUL A. ZNIMER tWISCONSIN July 13, 1993 Mr. Jon J. Arcand, Esq. BELL, ARCAND, FLORIN) & TENNANT Attorneys at Law Executive Office Center Suite 400 2785 White Bear Avenue North St. Paul, Minnesota 55109 Mr. Patrick J. Kelly, Esq. BANNIGAN & KELLY, P.A. Attorneys at Law 409 Midwest Federal Building St. Paul, Minnesota 55101 Mr. Jeff Olson Director of Community Dev to ent City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 RE: Libby/Valiukas Building Code and Driveway Matters Gentlemen: I received Mr. Arcand's letter of June 25, 1993, and discussed its contents with my client. It is clear that the private parties are unable to jointly present a proposal to the City to address the various issues presented. As I see it, the issues fall into two categories, public g and private. The private issues concern the claim for damage to the driveway and the responsibility for maintenance of the driveway. Mr. Arcand addressed these private issues in paragraphs 1, 3 and 4 of his letter. There is at least agreement that these private issues must be addressed. If these issues are separated out I am confident that the parties will work them out. 34 Attachment 13 Mr. Jon J. Arcand, Esq.. July 13, 1993 Mr. Patrick J. Kelly, Esq. Page 2 Mr. Jeff Olson RE: Libby/Valiukus Building Code and Driveway Matters Although the issue of the timing and responsibility for the widening of the roadway could be characterized as a private issue, I believe it must be considered with the public issues because a widening: of the roadway would serve the double purpose of reducing the acknowledged safety risk and providing a framework for addressing future allocation of responsibility in the City's best interest. My client therefore feels strongly that the issue should be addressed now in connection with Mr. Valiukus' petition for a variance from the building: code requirements and his efforts to obtain a driveway permit and as roadway agreements. The. safety issue arose from the placement of Mr. Valiukus' addition and garage, in violation of the City's building codes, virtually on top of the roadway. Another factor which 011 has been raised has been the speed at which vehicles travel on the driveway. There are two risks presented - vehicular collision and accidents involving pedestrians. There are of course also the problems which arise form blockage or interference with the driveway due to lack of off-road parking at Mr. Valiukas' site. I proposed on behalf of my client that these issues be resolved by the City requiring as a condition to the issuance of any variance that Mr. Valiukas: 1. widen the roadway an additional 8' for a distance of 220' to both equitably reflect his use of the roadway by reasonably allocating such costs and to reduce the risk of vehicular collision coming over the hill to his home; 2. Provide a two car parking space next to his garage due to the lack of space in front of his garage; and 3. Construct a small fence or other landscaped barrier (a hedge for instance) between the roadway and his front entrance area to prevent pedestrians, especially children, from wandering or darting into the roadway. In addition to the foregoing, we suggested that the city post no parking and speed limit signs along the roadway and further install "rumble strips" in the roadway on the approach to his home from the street where visibility is inhibited. Mr. Valiukus has not agreed to widen the roadway along his property, he has only agreed to a one car parking space, and he has agreed to some type of landscape barrier. I 35 Mr. Jon J. Arcand, Esq. July 13, 1993 Mr. Patrick J. Kelly, Esq. Page 3 Mr. Jeff Olson RE:. Libby/Valiukus Building Code and Driveway Matters have some reservations regarding. his agreement to place a landscape barrier insofar as he references a berm, the effectiveness of which I would question,, but since bothparties have q referred to -a hedge that might be a basis upon which to find agreement. Further, Mr. Valiukus objects to our proposal to have rumble strips installed and instead insists upon a "speed bump" which my client objects to because of the difficulties presented tolowin and toplowing an apprehension which arises from the experience we all probably share of having driven over speed bumps which could have served as tank traps, Given the foregoing points of disagreement the City is. in the position of having to impose specific conditions to any privileges it grants Mr. Valiukus. In Joinso it is only Y appropriate that the City keep in mind that Mr. Valiukus created the problem by building in direct contravention of the City's code, as is clearly recognized in the Memo dated May 13, 1993, from the City's counsel. There is little left for my client to do but to await the City's action to resolve these problems in a reasonable, equitable and forward looking manner. Very truly yours, C OUREY, ALBERS , G Lar LVIR: cah cc Mr. Keith Libby & RILEY, P.A. 36 s z • ; ,r • ; et % . t r..;z A. h' .., ; S , .{, ..' �`'^ +Sdt},z Zt y'4 ti y. s E .,.l.q..:.,;;,; .,_E '�IFwt+�"ii��ticY..,,� i� eSY.C.•P ra* S`r. f.. ., t r', *1str.s4' 7 s; :.r v. ' s ,.7. .y; JLL 7-1 Ms. Fran Jukes Maplewood City Counc i l City of Maplewood 11330 East County Road B #dap l e woo d o MN 55109 Dear res-. Juker ince-you were .. good enou h tobring my problems Y �' p up tc the City Council some months ago: I thought dot might ht be � Y � interested in they status of this situation, At the meeting that t hisituation waw brought u R ,., it was referred to the City staff to investigate this matter, Both Mr. 'dal iukus and. I along with our respective lawyers,, have had several meetings concerning this driveway i SSue, and the following points have been discussed during these meetings or by memo between the interested parties, the City staff, or the Cite attorney. • Mr. r Val iukus was issued a building permit for his addition and garage in violation of the City Building Code. 2. Mr. Val iukus did not seed=: a driveway permit from the City which would have given him permission to develop a driveway Y as he has done: . Because Mr. 'Va l i ukus has built so close to the roadway., there exs i st s a serious safety hazard to both auto and pedestrian traffic t hat must be addressed.. 4. Because Mral iia l i ulcus has constructed hisara a too 9 g close to my- driveway there is no.. place for his visitors to park without hindering my use of my driveway.. 5. The City Fire Marshal has informed Mr. Olson of the City staff that if more than two homes are serviced by this common d r i vewy it must bei widened- to 20 feet. 6. Mr. Val iukus is unwilling to share in an of the cost Y or responeiblity for the original driveway, or- in- wideningthe. driveway to 20 feet where he uses it, or in making any changer whatso' ever. Obviously. he desires nothing- be done about this problem except he wishes to further restrict our use of our driveway by insist ung that speed bumps- be installed by his house, Because of the code violations involved with the Valiukus addition, I assume that-. the City of Maplewood will require him to apply for a variance to the building . code, at which time the City may put any necessary restrictions on his usage of this City land as seen fit. These restrictions- will not only address the safety issue. but hopefully -will more fairly d i st i bute the r e m o . p nsxbi lty 37 Attachment 14. .rwtvaaa,.a�:,��:�:�ir�.vwanv�.: s,. h. nrr.✓...x;'v:�da�.vb;.&r�:4uYi�SifiN �. 4'�� : , . ,. ... .. . . ......... J 7 0 -4 1`93 ,!! 8-29-93 --9 Geoff. Olson -Director of Communi t Development:- City. eve1opmentC ty. of Maplewood 1 E330. - E. County Rd. D Maplewood, MN 5510q L I BBY / VAL» I UKAS DRIVEWAY AND SETBACK ISSUE I.. have-- roece ' ve a copy of your- proposed aggr"eement . concer-bing the problem' existing with the current. usage of any dr i veway ,r I have, no intention ofi g n i ng c h- a n agreement! The .problems which- exists was paused by Mr. Val iukas and the staff of the -City when the addi t i on was built. to the- Va l i u k as dwelling.. 4. b o�ause._. of, the illegal setback., and because the addition was 1.. bu i.1 t i_rr a hazardous manner, I see ncy� reason- wry I shou I d: shoulder any- of the financial burden of trying to rectify this pr•obl em. I am not willing to assume, the burden of widening my driveway- to'20 feet if. a third home. is built on a2 platted lot which this driveway- was developed to serve. I further am not willing to assume responsibility or carry ins urance covering any harm or injury involving the use of the driveway, If the city staff permitted this unsafe building. and Mr. Val iukas built. it. let them deal with the resulting danger. I -realize that- the City Council, will have to make the final decision on this issue. so I am regue�t i ng_ at this time that you turn t -hi s matter over to them so " we may get some sort of r ego 1 ut i on. I have spent ,000.00 so far on a survey and legal advice on this ratter,, and anything has yet to be resolved. I am sick=: of tieing made out as the bad guy on this problem. My brothers and I. had a perfectly good agreement with the City. h tc h we lived Lip to in " every sense- of the wor d- : u,nt i 1 someone.. wF, e,lse, game along and, caused our current troubles. It K s time for this- matter to be... resolved by the City Council * and get on with. our; lives'.. P 1else, l so -be, advised that- Mr. Lance Riley of Cour ey Albers, Cil beet . and Riley no longer represents me in this matter. .Please do not send any more correspondence concerning rye pr~ . t hi s. problem to him. Any information should be sent to me directly. Keith G. Libby 111?5 80. Century Av. Maplewood, MN, 55119 ,c -d: Framer' Citi Council - 39 Attachment 15 Arcand Associ*ates • Attorneys at Law September 15, 1993 Geoff Olson Director of Community Development City of Maplewood 1,830 East County Road B Maplewood, MN 55109 Re: Libby/Valiukas Setback Issue Dear Mr. Olson. Jon J. Arc d s --rc-3n� F53 SEP J 1993 �� Please find enclosed several photographs of the Libby/Valiukas property. You will note in photos 1 through 4 an old structure located west of' the parties' home. This structure was built on a cement slab during the 1940's and was madeout of ammunition boxes and.covered with tar paper. It was serviced with electricity and had enough room to store three cars and a boat which Mr. and Mrs. Valiukas did use. It is my understanding that the driveway was in use for a number of years prior to the platting of the property. Therefore, when the property was platted the public right-of-way was granted for the possible opening of the street. As we have discussed, the Valiukas family or their predecessors were not advised of the Libby desire to enter into an agreement with the city and, thus, were never contacted regarding the use and g g maintenance of this area. They simply used it as they have for many., many years. As a condition of opening the area behind Carver Lots for development, the Libby family was required to pave a driveway and to provide for a fire truck turn-around(which was never done), It is myclient's position that the present dispute would never have arisen but for the fact that Mrs. Libby travels this road at an excessive speed thus placing Mr. and Mrs. Valiukas and their invitees at risk. I am enclosing a co of the citation PY issued to Sandra Jean Libby on December 28, 1992. The notation made by the officer is that she left 88' of skidmarks on the driveway. My clients have continually speed p complained about her sp p and have as yet to resolve this matter. I have aerial photographs showing the location of this driveway prior to the development of the Libby property, In the absence of cooperation from Mr. and Mrs. Libby, we feel that Henri and Lynn Valiukas can enter into an agreement with the _ g City of Maplewood under their general police powers for the 2864 Snelling Avenue North Saint Paul, Minnesota 55113 Telephone (612) 636-7094 40 Attachment 16 Geoff Olson September 15, 1993 Page 2 regulating of public thoroughfares, whether they be a street or an alley. We believe the city has the authority to regulate the speed and post notice of a 10 mile per hour speed limit. We believe the city also has the authority . to authorize the installation of speed bumps. Under the previous agreement with the Libby family they are responsible for the maintenance of this area. Mr. and Mrs. Valiukas would agree to contribute to the maintenance and snow plowing. Any future expansion of the road should be the burden. of whatever lot is to be added to the use of this roadway. These lots to the west of the Valiukas property apparently also have access from Carver Avenue to the south which would be an alternative should they find the cost of expansion too burdensome. If you have additional questions after you review these photographs, please do not hesitate to contact me. JJA: brs Enclosure cc: Mr. and Mrs. Valiukas Very truly yours, ARCAND & ASSOCIATES 41 Arcan d- Associ*ates • Attorneys at Law September 16, 1993 Geoff Olson Director of Community Development City of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Libby/Valiukas Setback Issue Dear Mr. Olson: ! j93 t lot Jon J. Arcand The purpose of, this. correspondence is to apply on behalf of Henri and Lynn Valiukas for a reduced setback from the public right-of-way*, Even though you are familiar with the facts, I believe it is appropriate to set forth the circumstances surrounding this application. On October 7, 1991, the City of Maplewood issued a building permit to Mr. and Mrs. Valiukas to remodel their home to add garage space, a deck, and living space. At the time of this a lication, pp Mr. and Mrs. Valiukas and the City of Maplewood were under the mistaken impression that the improvements to the Valiukas home were to be adjacent to a private easement for driveway purposes. The plat maps relied on by both the city and Mr. and Mrs. Valiukas show the: southerly boundary bordering on a strip of land labeled as "subject to a drive. agreement". In fact, this driveway is located on a 3 11 right-of-way granted to the Cit of Maplewood most likely Y p Y at the time of filing of the plat of Carver Lots In 1941. It is my understanding that if the area over which the driveway is located was a private easement that Mr. Valiukas would not be in violation of the city , s ordinances. The fact that it is a public right-of-way, although not an open and maintained street cause the greater setback requirements to apply. The neighbors to the west, the Libby family, who also use this driveway, were also under the impression that this was a private driveway since they have an ongoing dispute with Mr. and Mrs. Valiukas over the use of the driveway which we are attempting to resolve. The s ecific request is that the city approve a reduced setback from the north line of the public right-of-way to 7.3 feet from the roadway to the closest point of the structure. This closest distance is at the westerly edge of the. existing dwelling and garage. The easterly edge of the home is 16' from the public right-of-way. 2860 Snelling Avenue North Saint Paul, Minnesota 55113 42 Telephone (612) 636-7094 Attachment 17 Geoff Olson September 16, 1993 Page 2 We would propose that the city grant the reduced setback for the existing Valiukas structure based upon the criteria set forth in Ordinance No. 707, and upon the general equities involved. With respect to the ordinance, §36-70, Subdivision B provides that you, as the Director of Community Development, may allow a different setback if it does not adversely affect drainage and there are any other conditions as set forth in this statute that relate. There is no question of a drainage problem in this area: Thero osed P p setback does not affect privacy of any adjacent homes or affect the use of anyone else's property. The location of Mr. and Mrs. 'aliukas'lt^.ture s set buc'C frcm Cantury �tiT`n�e approx �dtel 1501e The westerly portion of the structure is over 200' from the rear property line of the Valiukas property. The property to the south of the Valiukas property is open space and may someday be part of the Fish Creek Park. Since the dedicated right-of-way is 33' and does not meet city standards absent the acquisition of additional property, this will never be a public street. At most it might be access to Fish Creek Park. Mr. and Mrs. Valiukas have spent approximately $50,000. on the remodeling of their home. The city's alternative to granting the reduced setback is to order the removal of the structure. The burden of such a move is very great compared to any adverse impact of granting the reduced setback. The action by Mr. and. Mrs. Valiukas was unintentional and was based upon erroneous information accepted by both Mr. and Mrs. Valiukas and the city. Again, as you are aware, in an attempt to resolve the driveway speeddisputeswith Mr. and Mrs. Libby, my client has agreed to certain conditions on the setback and use of his property in this area. Specifically, my client proposes to landscape this area in such a manner as to create a berm or hedge to prevent children from unknowingly wandering into the roadway, and to create a visual div.Lsi* o n between the Valiukas property and the right -of -•way, In addition, my client has proposed a driveway that would allow for parking completely off-street for vehicles in addition to those owned by Mr. and Mrs. Valiukas which could park in front of the garage. The granting of the reduced setback obviously is a pre- condition to the application for a permit to blacktop this area around his garage. Lastly, even though this property is held to the standard of a front yard setback, the circumstances are more like a side yard in that the dedicated roadway as it presently exists could not be used as a public street. With the installation of speed limit 43 Geoff Olson September 16, 1993 Page 3 signs and "speed bumps," concern for the users of the Valiukas property or travelers on the driveway going to and from the Libby property should be greatly reduced. In your previous memorandum to the City Manager, you indicated that a pre -condition to your granting suoh relief would be the execution of a comprehensive agreement between the city, Mr. and Mrs. Valiukas and Mr. and Mrs. Libby, regarding all of the issues presently outstanding. My clients have indicated a willingness to execute the agreement that you proposed, however, we understand it has been %A, -e3 ected . by. 114r. and 161* s . Libhyw try clients wish to refinance their home, but are prevented from doing so until this matter can be resolved. They have proceeded in good faith , but now are prevented from going . further because of disagreements over the regulation of speed on the driveway, I have been advised that Mr. and Mrs. Libby. have dismissed their attorney and, therefore, it appears that very little progress will be made in the near future. By a separate correspondence, I am forwarding you additional information to be considered in connection with the driveway dispute and the regulation of speed which we believe can be resolved. Thank you for your consideration in this matter. We look forward to an early resolution. Very truly yours, ARCAND & ASSOCIATES JJA:brs 10001- W17,0101 on J .rc and AttoX6y at Law cc: Mr. and Mrs. Henri Valiukas 44 To Maplewood City Council Members On October 7, 1991, the City of Maplewood is sued a` b lding permit to Mro and Xrso Valiukas to remodel their home to add garage space, a deck, and living space . At the time of this application, Mr. and Mrs. Valiukas and the city of Maplewood were under the mistaken impression that the improvements to the Valiuk-as home Torere to be adjacent to a private easement for driveway purposes. The plat maps relied on by both the city and Mro and Mrs. Valiukas show the Southerly boundary bordering on a strip of land Labeled as "subject to driveway agreement." In May, 1993, the Valiukas t were informed by the city of Maplewood that there was a problem with their addition and asked to meet with them concerning the driveway that both the Valiukast and the Li.bbys use, The day before the meeting with Geoff Olson and Pat Kelly, Lynn Val*uk_as went to the Ramsey County Land Records office t o f ind out any inf orr at i on she c ould on the dr iveway. She spoke to Paul Sievertson, Property Description Technician, Dept. of Property Records & Revenue. All of the maps lb:** Sievertson looked at showed the same inforYnation the Valli kas t had., "driveway easement agreement" .was .,mitten. over the plat copy. At first he told itirs . Valiukas that, as far as Ramsey County was concerned, there was no underlying roadway. After more questioning on what exactly that property was, the orig- inal plat was pulled of the Carver lots, on this copy it was written "roadway." At the meeting with Geoff Olson and Pat Kelly, the Valiukas? were given a letter written by Mr. Libby. While reading th±s letter, the Valiukas t noticed there were many false statements told about the' history of the driveway and brought them to the attention of Mr. Olson and Mr. Kelly. Since then, Valiukas t have been able to get some proof of these falsehoods. The first 200 feet of the driveway T. -Gas originally constructed and maintained by the property owners at 1191. Century Ave., So. over 50 years ago. The Valiukasl have several photo documents from the Ramsey County Surveyors and the Metro T.-Ilaste Commiss- ion to verify this statement. In addition to this proof, the Valiukas t were family friends with the previous owners, the Harrisons, of the property and had been visitors there since the 19701s. This driveway was the only access used.by Rarri- sons and their guests. 45 Page 2 11 The Libbyls decision to access their land -locked propert-y over an existing driveway 200 feet long, already graveled and graded by the Dro-oerty owners at 1191 Century Ave*, Soo, was a- decision obviously based on economics rather than an available easement through their ovom property South to Carver Avenue . The Valiukast resided at 1191 Century Ave*, Soo for the greater Dart of a year before the Libbys blacktopped the Val- iuk-as driveway and the extra 325 feet they needed to satisfy their contract with the city. The Val iukast found this not only aesthetically displeasing to the natural setting of this area, but also a devaluating factor to their property. By extending the Valiukast driveway an extra 325 feet, male ing the total length 525 feet with a blind spot 150 feet from Cen- tury Avenue, it soon became a source of daily endangerment. It was apparent irmediately that regulation of speed should have been a key consideration in granting this access. Sandra Libby has twice run people off the driveway at the blind spot, Lynn Valiukas two years prior to the building of the addition in the f all of 198 9, and . Ralph Val, iukas on Deco 28, 1992. This second incident -oreci-oitated a citizents, ar.rest which resulted in her pleading guilty of violating city ordinance #18-4 unreasonable acceleration in the (Val- iukas) driveway of 1191 Century Ave*, Soo The police report states that the defendant slid out of control for 88 feet. This -is one of many docunented and filmed daily occurrences .on this driveway. The occurrences continue in light of the fact that a letter dated June 22, 1992 was sent to Libbys by Pat Kelly of the City of 11aplewood telling them that "excess- ive speeding on the road right-of-way is not acceptAble and should stop immediately. I request that you notify the users I ort., and of the driveway o.--..' the cityts letter, complaint report, the necessity to slow downoff As recently as last Thursday, Oct* 69 1993, a police officer was again summoned to ask the Libbys, to notify the users of the driveway .of the necessity to slow down. We have again filmed and documented continued speeding since then which we consider to be blatant and premeditated. We have spent $2000.00 in attorney ls fees in an attempt to re- solve this situation, which ire feel came about all because of the excessive and unsafe speeding on the driveway* After months of negotiating, the city came to us with a proposal that they felt was fair to all parties concerned, which we were willing to sign. At that time the Libbys dismissed their attor- ney and refused to sign the city's aggreement. 76; 46 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit Review PROJECT: Eastern Heights State Bank LOCATION: McKnight Road and Minnehaha Avenue DATE: January 4, 1994 INTRODUCTION `,tion by Council, 04 Endorse Modified,..... Rejected to A conditional use permit (CUP) is due for review. The CUP is for a four-story bank and office. building at the southeast corner of McKnight Road and Minnehaha Avenue. 3M is planning to construct this building for office space and the Eastern Heights State Bank. Maplewood requires a CUP because the building would be within 350 feet of an R-1 (single dwellings) zone. BACKGROUND Past Actions On January 27, 1992, the City Council approved this CUP. It was subject to review in one year. On January 25, 1993, the City Council approved a one-year time extension for this CUP. Construction Start Section 36-444 of the City Code states that "The proposed construction must be substantially started or the proposed use utilized within one year of Council approval or the permit shall become null and void. The Council may grant up to one one-year extension of the permit if just cause is shown." DISCUSSION The Code allows two years to make a substantial start in construction or the CUP ends. The two-year deadline for this building ends on January 25. 3M has not started construction yet. In 3M's letter on page 6, they are asking the City to consider the work they have done so far as a substantial start in construction. Their chart on page 8 shows the status of the approvals necessary for this project. 3M has cleared and grubbed the site and finished the construction documents. They also have completed the necessary review work with the watershed district and the Minnesota Department of Natural Resources. 3M also has several other necessary approvals pending. These include those from Ramsey County, the Minnesota Pollution Control Agency, the Department of Commerce and the Federal Deposit Insurance Corporation. The ordinance's intent is to end permits for projects that are not moving ahead. 3M's intent to build this project is clear. They have a substantial start, even though they have not started construction. RECOMMENDATION Require that 3M get a permit for site grading and development before January 25, 1994 and a building permit by April 1, 1994. Do not review thisg ermit again unless there is p a problem. go/b-6:easthcup.mem (36) Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. 3M's letter dated 11-19-93 Attachment 1 A c�tAu+�r �- �r ' • A �• AVE o-r�r�r r w• • PL '• Z KARVEST R AVE CSE AVE • '' '• • W} o WMo L Ul BRAN O AVE ::. oc Q- AVE. • • ' aC E. 7th ST. „ : . �• E 7th ST. .. •� Comdr t ' BUSH .. ,. ' AVE • • ♦,.- E. W EH" • 34. ; . E. MARGARET AVE. • , t; .,. fa lok E. 5th ST. 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November 19, 1993 Mr. Geoffrey Olson Director of Community Development City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Conditional Use Permit -Eastern Heights State Bank Dear Mr. Olson: I'm pleased to inform you that 3M has approved funding for the Eastern Heights State Bank project. If you recall a Conditional Use Permit for this project, located on a 8.2 acre site at the southeast corner of McKnight Road and Minnehaha Avenue, was originally approved by the Maplewood City Council on January 27, 1992. Subsequently,. a one year extension was grated by the Council on January 25, 1993. Because funding approval was not received until recently, and it is not feasible to start the actual construction during the winter months, this transmittal is to request the City of Maplewood's approval and/or concurrence that 3M may proceed with the project under the current Conditional Use Permit. 3M sincerely feels that the activity to date clearly demonstrates substantial commitment and complies with the intent of the Maplewood Zoning Ordinance concerning the start of construction. In anticipation of receiving funding, considerable work has been completed as well as several approvals and permits obtained for this project. These include essential completion of the required construction documents, clearing and grubbing of the site, and working with the U.S. Postal Service to relocate mail boxes to the north side of Minnehaha Avenue. In addition, a grading permit has been issued by the Ramsey -Washington Metro Watershed District in accordance with the 1991 Minnesota Wetland Act. Approval has also been, obtained for the project from the Minnesota Department of Natural Resources. Submittals have been made and permits are currently pending with the Ramsey County Department of Public Works for street entrances and the Minnesota.,Pollution Control Agency for storm water control. 6 Mr. Geoffrey Olson Page 2 November 19, 1993 In 1992 at 3M's request the City of Maplewood extended. water, service lines and provided a service stub to serve the new facility. Payment for this utility work has. been remitted to Maplewood by 3M. The attached table itemizes and gives the current status of the various public agency permits and approvals that are required for the project. Pending final approval for. the Minnesota Department of Commerce and the F.D.I:G., as required for banking facilities, 3M expects to apply for a City of Maplewood Building Permit and advertise for bids. by early February 1994. The contract award is scheduled for March with an April 1994 construction start date. It would be appreciated if you would schedule this matter for discussion and action at a forthcoming City Council meeting.Kindly let me know when this request is to be heard so that a 3M representative can be present. Yours very truly, Robert D. Owens, P.E. Senior Traffic Engineer Civil Engineering Department RDO/dmb Attachment 7 EASTERN BEIGATS STA1E BANK PERAUTS &APPROVALS ITEM Conditional Use Permit City of Maplewood Ramsey -Washington Metro Watershed District Ramsey County. Public Works -Street Entrance. Permit &McKnight Road Turn Lanes Minnesota Pollution Control Agency -Storm Water Permit. Minnesota DNR - Establishment of Impact on O.H.W. Line Minnesota Department of Commerce Federal Deposit Insurance Corporation Citi of Maplewood - Building Permit ACTION Issued 1/27/92 Extended 1f25/92 Grading Permit Submitted 10i29i93 Will Submit 3/94 Meeting with Area Hydrologist No Permit Required Submitted Required Notice Published Submitted 11/8/93 Will Submit 2/94 Pending Minnesota Department. of Commerce FDIC Approvals 0 STATUS Complete Complete Pending Pending Complete Pending Pending Pending AGENDA NO. VZ AGENDA REPORT s M difie TO: City Manager Rejected. Dai FROM: Finance Director RE: RESOLUTION PROVIDING FOR THE SALE OF OPEN SPACE BONDS DATE: January 3, 1994 PROPOSAL It is proposed that (a) the City Council approve the attached resolution which provides that Springsted Incorporated be authorized to solicit bids for the issuance of $5,000,000 Open Space Bonds, (b) a rating on the bonds be obtained from Moody's Investors Service but not Standard and Poor's Incorporated and (c) a special Council meeting be scheduled for 4:30 p.m. on Thursday, February 24 for the bid award on the bond sale. BACKGROUND City voters authorized the issuance of these bonds at a referendum held on November 2, 1993. It was anticipated that these bonds would require a property tax levy of $436,895 payable in 1995 with subsequent annual property tax levies of approximately the same amount until the bonds are retired in the year 2014. The latest financial projections indicate that the property tax levy payable in 1995 will be $429,435. The lower annual property tax levy is due primarily to lower anticipated interest costs on the bonds. Since 1983 city bond issues have been rated by Moody's Investors Service and Standard and Poor's (S & P) Incorporated. Prior to 1983, city bond issues were rated only by Moody's. City staff requested a rating from S & P in 1983 because Moody's unfairly reduced the city's bond rating in 1982 from Al to A. In 1983 Moody's again gave the city's bonds an A rating but S & P gave the city's bonds an AA- rating. In 1986 Moody's increased their rating on city bonds to Al and in 1989 increased the rating to Aa. However, S & P has not increased the city bond rating since 1983. Since the Moody's rating is higher than the S & P rating, it's nonsensical to pay S & P a fee of $5,900 to obtain a rating that is lower than Moody's, especially since most cities our size only have a rating from Moody's. The S & P rating was beneficial in the past because it was higher than Moody's rating. Springsted Incorporated concurs with the recommendation that Maplewood discontinue the practice of obtaining a rating from S & P. Agenda Report - Resolution Providing for the Sale of Open Space Bonds January 3, 1994 Page 2 The attached eight -page report prepared by Springsted Inc. provides additional information. It also recommends a bid award on the bond sale at a special Council meeting at 4:30 p.m. on Thursday, February 24th. RECOMMENDATION It is recommended that (a) the City Council approve the attached resolution which provides that Springsted Incorporated be authorized to solicit bids for the issuance of $5,000,000 Open Space Bonds, (b) a rating on the bonds be obtained from Moody's Investors Service but not Standard and Poor's Incorporated and (c) a special Council meeting be scheduled for 4:30 p.m. on Thursday, February 24 for the bid award on the bond sale. WAAGM94BONDS Recommendations For City of Maplewood, Minnesota $5,0009000 General Obligation Open Space Bonds, Series 1994A Study No. M140811 SPRINGSTED Incorporated January 3,1994 SPRINGSTED PUBLIC FINANCE ADVISORS Home Office 85 East Seventh Place Suite 100 Saint Paul, MN 55101-2143 (612) 223-3000 Fax: (612) 223-3002 December 29, 1993 Mayor Gary Bastian Members, City Council Mr. Michael McGuire, City er Mr. D Manager g Dan Faust, Finance FDirector City of Maplewood 1830 East County Road B Maplewood, .MN 55109 120 South Sixth Street Suite 2507 Minneapolis, MN 55402-1800 (612) 333-9177 Fax: (612) 349-5230 16655 West Bluemound Road Suite 290 Brookfield, WI 53005-5935 (414) 782-8222 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913).345-8062 Fax: (913) 345-1770 1800 K Street NW Suite 831 Washington, DC 20006-2200 (202) 466-3344 Fax: (202) 223-1362 Re: Recommendations for the Issuance of $5,000,000 • General Obligation Open Space Bonds, Series 1994A Introduction Werespectfully request your consideration of our recommendations for the issuance of these obligations in accordance with the attached Terms of Proposal. p I. Authority and Purpose The Series 1994A Bonds are authorized underrovisions o ' p f Minnesota Statutes, Chapter 475, and a referendum held on November 2, 1993. City voters approved, b a vote 1,992(no), the issuanceSpace pp � Y to of 2,344 (yes) to •of $5,000,000 of Open S ace Bond obligation of the p p s. The Bonds are general g City for which its full faith and credit and unlimited taxingowe power pledged. Proceeds of this issue will be used to finance theurchase of land nd for open space purposes Acquisition Costs $4Y9041050 Allowance for Discount Bidding 65O00 Costs of Issuance ' 30,950 Total Bond Issue $590009000 The Series 1994A Bonds Appendix I is the recommended maturityschedule for this issue. e. We recommend these bonds be dated March 1, 1994, and mature each October 1 1995 through ough 2014 fora 20 -year bond issue. The maturity schedule has been developed to provide level debt service over the life the issue. of City of Maplewood, Minnesota December 29, 1993 Columns 1 through 6 show the years, amounts of principal, estimated interest and total debt service requirements. Column 7 shows the estimated tax le requirements, including the S � re q g State -required 5% over levy. The City will commence paying interest on these bonds on April 1, 1995, and will make a 1994 Levy, for first collection in 1995, to cover this interest payment and the October 1 principal and interest payment due that same year. This cycle will continue for the life of the bond issue. The. Bonds will be issued under Minnesota Laws 1991, Chapter 291, Article 1, Section 29, which states that any levy approved at an election for taxes payable in 1993 and thereafter shall be levied against the market value of all taxable property within the City. Therefore, the certified levy will be spread on the taxable market value of all City taxable property. The property tax levy, based on the average annual debt service for this issue, is estimated to be .0318% of the 1992 taxable market value of the City, or approximately $:32 for each $1,000 of market value. Prepayment Option We. recommend the bonds maturing on or after October 1, 2004, be subject to payment in advance of their stated maturity dates as early as October 1, 2003, and on any date thereafter, at a price of par and accrued interest. This call feature will permit the refinancing or prepayment of the bonds if future circumstances warrant. Credit Rating A rating applicationwill be made to Moody's Investors Service for this issue. We will provide the rating agency with the necessary data upon which they will make their rating analysis. The rating fee will be billed directly to the City. Federal Rebate - Arbitrage All tax-exempt bonds are subject to federal arbitrage regulations, including rebating arbitrage profits to the U.S. Treasury. Generally speaking, all arbitrage profits (the yield difference between the earnings on the investments and the yield on the obligations) must be rebated to the U.S. Treasury. There are some exemptions to this rebate requirement which include: (i) A small issuer exemption if the obligations are for governmental purposes and the issuer reasonably expects to issue not more than $5,000,000 tax-exempt obligations during the calendar year. (ii) A six-month exemption if all of the proceeds of the obligations are expended within six months of issuance of the obligations. (iii) An 18 -month expenditure test if at least 15% of proceeds are expended within 6 months, 60% within 12 months and 100% within 18 months. (iv) A two-year expenditure test if at least 75% of the proceeds of the issue are used for construction and. if 10% is expended within six months, 45% within 12 months, 75% within 18 months and 100% within two years. For items (iii) and (iv), if it is reasonably required that a retainage be maintained to enforce the completion of a contract, up to 5% of the proceeds may be retained for an additional 12 Page 2 City of Maplewood, Minnesota December 29, 1993 months. Net proceeds subject to these expenditure tests include investment earnings on the original bond proceeds. According to the Bond Counsel, the City will meet the small issuer requirement for this issue item (i) above, remaining exempt from arbitrage reporting and rebate requirements for the Bonds. It is our understanding the City will be issuing additional obligations in 1994; however, those Bonds will not be subject to rebate requirements. A 1993 change in the arbitrage regulations will require special attention be paid to the accumulation and investment of monies in the debt service fund. Investments of funds which exceed a bona fide fund level will have to be restricted to the yield of the bonds. A bona fide debt service fund is defined as a fund which is used to achieve a proper matching of revenues with principal and interest payments within each bond- year and is depleted at least once each p bond year except for a reasonable carryover amount which may not exceed the greater of: - 1. The earnings on the fund for the preceding bond year; or 2. One -twelfth of the principal and interest payments on the issue for the immediately preceding bond year. Any earnings from a bona fide debt service fund are exempt from rebate. Amounts in a debt service fund in excess of the amount of a bona fide debt service fund are restricted to an investment rate equal to or less than the bond yield and may be invested in market rate obligations, if their yield is at or below the bond yield; in specially restricted State and Local Government Securities (SLGS) issued by the U.S. Treasury; or in eligible tax exempt obligations. A debt service fund can lose its bona fide status when the issuer accumulates too much investment earnings and/or excess tax revenues due to overlevies. It is important to monitor the fund to assure compliance with the new regulations. Reimbursement Regulations The U.S. Treasury has enacted reimbursement regulations to regulate issuers who wish to issue tax-exempt bonds to recover costs of prior expenditures. The reimbursement regulations require that if the issuer proposes to reimburse itself for expenses they paid prior to receipt of bond proceeds, it must have made a declaration of that intent within 60 days of the actual payment of the expense. There are exemptions for architectural and engineering fees and miscellaneous start-up costs. We understand the City is aware of these regulations and will comply- y y - as the may relate to this bond issue. Economic Life The 1993 "final" arbitrage regulations brought all tax-exempt issues into the calculation of "economic life." Previously this requirement was only for private activity bonds. The intent of this requirement is that the Treasury does not want bonds outstanding longer than is necessary, thus creating more tax-exempt bonds in the marketplace than are needed. The general safe harbor for assuring that bonds comply with the regulations is if the average Page 3 City of Maplewood, Minnesota December 29, 1993 maturity of the bonds does not exceed 120% of the economic life of the financed facilities. Land has an economic life of 30 years, 120% of which equals 36 years. The average maturity of the bonds is 12.78 years. Therefore, the issue is in compliance with the economic life requirement. Bank Qualification The 1986 Tax Reform Act provides that issuers of less than $10,000,000 of tax-exempt obligations in a calendar year of issuance may declare them to be bank -qualified. This designation would permit financial institutions to deduct from income, for federal income tax purposes, interest expense that is allowable to carry and acquire tax-exempt obligations. We understand from Bond Counsel the City will not meet this qualification and, therefore, the issue cannot be declared bank -qualified. Without that designation this issue will not be as attractive an investment to financial institutions. Therefore, the interest rates received will be slightly higher than if the issue were designated bank -qualified. We have built that interest rate differential into ourl estimates of the interest rates used in the attached schedules.. Sale Process We recommend this issue be offered for sale on Thursday, February 24, 1994, with proposals received at the offices of Springsted Incorporated at 11:00 A.M. Proposals will be verified and checked for accuracy; we will then present the proposals and our recommendations to the Council at its special meeting at 4:30 P.M. later that day. Proceeds are expected to be available in mid-March 1994. Respectfully submitted, SPRINGSTED Incorporated Me Page 4 CITY OF MAPLEWOOD, MINNESOTA $5,0001000 G.O. OPEN SPACE BONDS, SERIES 1994A Dated: 3- 1-1994 Mature: 10- 1 First Interest: 4- 1-1995 Year of Year of Annual Interest: Levy Mat. Principal Rates (1.) (2) (3) (4) 1994 1995 40,000 3.15% 1995 1996 1759000 3.35% 1996 1997 180,000 3.55% 1997 1998 190,000 3.75% 1998 1999 195,000 3.95% 1999 2000 200,000 4.10% 2000 2001 210,000 4.20% 2001 2002 2203000 4.30% 2002 2003 230,000 4.40% 2003 2004 240,000 4.55% 2004 2005 250,000 4.70% 2005 2006 260,000 4.85% 2006 2007 2751000 4.85% 2007 2008 285,000 4.90% 2008 2009 300,000 5.00% 2009 2010 315,000 5.10% 2010 2011 330;000 5.15% 2011 2012 3503000 5.20% 2012 2013 370,000 5.20% 2013 2014 385,000 5.20% TOTALS: 5,000,000 APPENDIX I Prepared December 21, 1993 By SPRINGSTED Incorporated 33136,002 81136,002 81542,801 Bond Years: Total Annual Interest: Principal 105% Interest & Interest of Total (5) (6) (7) 368,986 408,986 4293435 2311784 406,784 427,123 225,921 405,921 4263217 219,531 409,531 4301008 212,406 407,406 427,776 204,703 404,703 424,938 1963503 406,503 426,828 187,683 4079683 4283067 1781223 408,223 4281634 168,103 408;103 428,508 157,183 4071183 4271542 145,433 405,433 425,705 132,823 4073823 428,214 1191485 4043485 4249709 105,520 405,520 425,796 90,520 405$20 4252796 749455 .4043455 424,678 571460 4073460 4271833 391-260 409,260 429,723 203020 405,020 425,271 33136,002 81136,002 81542,801 Bond Years: 64, 096.67 Annual Interest: 3$136$002 Avg. Maturity: 12.82 Plus Discount: 65,000 Avg. Annual Rate: 4.893% Net Interest: 3,201,002 T.I.C. Rate: 4.988% N.I.C. Rate: 4.994% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Page 5 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF, PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,0009000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION OPEN SPACE BONDS SERIES 1994A Proposals for the Bonds will be received on Thursday, February 24, 1994, until 11:00 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 4:30 P. M., Central Time, of the same day. _ Y DETAILS OF THE BONDS The Bonds will be dated March 1, 1994, as the date of original issue, and will bear interest payable on April 1 and October 1 of each year, commencing April 1, 1995. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature October 1 in the years and amounts as follows: 1995 $ 40,000 2000 $200,000 2005 $250,000 2010 $3159000 1996 $175v000 2001 $210,000 2006 $260, 000 2011 $330,000 1997 $180,000 2002 $220,000 2007 $275,000 2012 $350,000 1998 $190,000 2003 $230,000 2008 $285,000 2013 $370YO00 1999 $195,000 2004 $240,000 2009 $300,000 2014 $385,000 OPTIONAL REDEMPTION The City may elect on October 1, 2003, and on any day thereafter, to prepay Bonds due on or after October 1, 2004. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of parp lus 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. The proceeds will be used to finance the acquisition of land and for the betterment of open space. TYPE OF PROPOSALS Proposals shall be for not less than $4,935,000 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 $50,000, payable to the order of the City. If a check is used, it must accompany each proposal. If a Page 6 Financial Surety Bond is used, it must be from an insurance company licensed to issue such p Y 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 Sure Bond nd must identify each underwriter whose Deposit is guaranteed by such Financial Sure Bond. If the Bonds are � � awarded to an underwater 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 followingthe award. If such Deposit' tha is not received by t time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit p 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 purchaserfails 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 meetingof the Ci schedule p p , City d 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 g must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditionalro p posals 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 eachro osal in accordance with customary practice, will be controlling. p p The City will reserve the right to: (i) waive non -substantive informalities of an proposal or of Ymatters relating to the receipt of proposals and award of the Bonds, (ii) reject allro osals p p 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 insuranceolic or the p Y issuance of any such commitment shall be at the sole option and expense of thep urchaser 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 deliveryon the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The Ci will � I pay. -for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will bep rinted 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. Page 7 SETTLEMENT within 40 days following the date of their award the Bo • purchaser at � Bonds will be delivered without cost to the p a , place mutually satisfactory to the Ci and the purchaser. • subject to receipt � p er. Delivery will be 1 eipt by, the purchaser of an approving legal opinion of Br' Professional Association, of Saint . g , , eggs and Morgan, aint Paul and Minneapolis, Minnesota, which opinion will punted on the Bonds, and of customaryclosing p be g papers, including a no -litigation certificate. On the date of settlement payment for the Bonds shall be made in federal ' .which shall be received at the offices of , or equivalent, funds Central Time. Except as compliance with the terms of payment ' made impossible b act' p Y for the Bonds shall have been p y ion of the City, or its agents, the purchaser shall be liable to ' any loss suffered by the Ci b reason of ' .the City for City Y the purchasers non-compliance with said terms ms for 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 an • • For copies of the Official d Exchange Commission. p , Statement or for any additional information prior to prospective purchaser is referred to the p , sale, any • e Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul Minnesota p ' 55101, telephone (612) 223-3000. The Official Statement, when further supplemented '• maturity pp d by an addendum or addenda specifying the • ty, dates, principal amounts and interest rates . of the Bonds to information required b law, together with any other q y , shall constitute a "Final Official Statement" of the Ci with res to the Bonds,. as that term is defined� respect in Rule 15c2-12. By awarding the Bonds to an underwriter or underwriting syndicate submittingproposal they Y a p p therefor, the City agrees that, no more than seven business days after the date of such award it shall ' senior managing underwriter � provide without cost to the g g ter of the syndicate to which the Bonds are awarded 200 copies the Official Statement and the addendum o •p of r addenda described above. The City designates the senior managing underwriter of the syndicate to g for � Y which- the Bonds are awarded as its agent purposes of distributing copies of the Final Official Statement to each Underwriter. An underwrite ch • y r delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted b the Ci(i)it g Y • Y ty shall accept such designation and(ii)it shall enter into a contractual relatio relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter • Statement. p g rater of the Final Official Dated January 10, 1994 BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk Page 8 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD:. January 10, 1994 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall in said City on the 10th day of January, 1-994, beginning at o'clock _.M. for the purpose in part of authorizing the competitive negotiated sale of the $5,000,,000 General Obligation Open Space Bonds, Series 1994A, of said City. The following Councilmembers were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVENEGOTIATED SALE OF $5, 000, 00.0 GENERAL OBLIGATION OPEN SPACE BONDS, SERIES 1994A A. WHEREAS, the City Council of the City of Maplewood, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $5,000,000 General Obligation Open Space Bonds, Series 19 9 4A (the "Bonds") , to finance the acquisition of land and for the betterment of open space; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"),, as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2 (9): 243768 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Y. �orization; Findings. The Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting; -.Bid Onenina. The 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 bids for, and awarding the sale of, the Bonds. The City Clerk, or her designee, shall open bids at the'time and place specified in'such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Teras 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 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 Councilmember and, after full discussion thereof and upon a vote being taken thereon, the following Counc i lmembers voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 243768 2 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the. original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated,. insofar as such minutes relate to the City's $5, 000, 000. General Obligation Open Space Bonds, Series 1994A. WITNESS my hand as such City Clerk and the seal of the City this 10th day of January, 1994. City Clerk (SEAL) 243768 3 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF, PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,000,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION OPEN SPACE BONDS, SERIES 1994A Proposals for the Bonds .will be received on Thursday, February 24, 1994, until 11:00 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 4:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated March 1, 1994, as the date of original issue, and will bear interest payable on April 1 and October 1 of each year, commencing April 1, 1995. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the, registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature October 1 in the years and amounts as follows: 1995 $ 40,000 2000 $200,000 2005 $250,000 2010 $315,000 1996 $175,000 2001 $210,000 2006 $260,000 2011 $330, 000 1997 $180,000 2002 $220,000 2007 $275,000 2012 $3509000 1998 $190,000 2003 $230j000 2008 $285,000 2013 $370v000 1999 $195,000 2004 $240, 000 2009 $300,000 2014 $385,000 OPTIONAL REDEMPTION The City may elect on October 1, 2003, and on any day thereafter, to prepay Bonds due on or after October 1, 2004. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. 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. The proceeds will. be used to finance the acquisition of land and for the betterment of open space. TYPE OF PROPOSALS Proposals shall be for not less than $4,935,000 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 $50,000, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond 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 Bond must identify each underwriter whose Deposit is guaranteed by such 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 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 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. 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. 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 at a place mutually satisfactory to the City and the purchaser. Deliverywill be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing ' papers, including a no -litigation certificate. 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. 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 (612) 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 200 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 January 10, 1994 BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk AGENDA ITEM -3 AGENDA REPORT -.oma. by COMO TO: City Manager Endorsed FROM: City Engineer Modified..... Re j ectec - SUBJECT: Sidewalk Plowing Date DATE:. January 4, 1994 Please find attached a previous memo concerning sidewalk snow removal. The city does own suitable equipment for sidewalk maintenance. The question is still when should the work be done and what other work should be postponed. It is assumed the city council will discuss the options. KGH 1.c Attachments TO: FROM: SUBJECT: DATE: AGENDA REPORT City Manager Public Works Director Bus Stop and Sidewalk Snow Removal December 8, 1992 The* city council and the public works deportment have wrestled with the sidewalk and bus stop snow removal issue for several years. The city has responsibility dor about 10 miles of sidewalk. None of this sidewalk is maintainedby the city in the winter.. There are varying degrees to which maintenance can be performed. The following is a Iist of alternatives from least to most that may be utilized. 1. Do nothing—this continues on the city's current course. • Pros—no cost • Cons—no service —liability exposure --complaints continue 2. Remove snow from bus stops and corners as time permits (3 - 7 days after storm event). • Pros—minimal service provided. of major street intersections —does not adversely impact current level of service for street plowing • Cons—increase cost for equipment (a suitable snow -blower attachment is included in the 1993 budget) —complaints will continue —long wait between storm event and removal may cause the snow and ice to be practically immovable 3. Establish priority list of bus stops, corners, and sidewalks that are cleared as soon as practical after a storm event (2 - 3 days after storm). • Pros—reasonable level of service addressing most complaints • Cons—increase cost for equipment —divert equipment and human resources from clearing streets —results in complicated coordination of winter maintenance along county and state roads —priority list will "grow" annually Snow Removal -2- December 8, 1992 4. Adopt ordinance requiring abutting commercial property to remove snow and ice within a specific time period. • Pros—no city. cost —addresses most complaints • Cons—enforcement may require -city to perform the work by default —decision would likely be unpopular with those affected --causes coordination problems with city, county, and state street plowing 5. Establish a high level of service for all sidewalks and bus stops using public works resources (1 - 2 days after storm event). • Pros—addresses virtually all complaints —minimizes liability exposure —provides safe alternative to driving for shorttrips • Cons --diverts significant resources from street plowing, resulting in noticeable drop in level of service --causes severe coordination problem on city, county, and state roadways where sidewalk and bus stops are close to the curb These options are presented for discussion. If a particular option is favored, additional investigation will be prepared and presented. KGH jW some �I AGENDA ITEM MEMORANDUM To: Michael A. McGuire, City Manager Actio by Counci:4,j From: Robert D. Odegard, Director of Parks & Recreati sedSubj: Residential Dedication By Developers(PAC) Date: December 21, 1993 dified Rejeeter� Introductionatea The Park and Recreation Commission at its December 20 1993 meeting discussed the Residential Dedication Fee and made the following motion: "Commissioner Ewald moved that the Park and Recreation Commission recommends that the City Council estab- lish the cost per person for the Neighborhood Park Charge at $151.47 per person; second by Fischer; Motion adopted. Background The Maplewood City Ordinance for Residential Dedication by Devel- opers (PAC) requires funds collected from developers of resi- dences to be used to acquire or develop parks in the Neighborhood Planning Area from which they are collected. These funds in- stead of tax dollars, have been used over the past nineteen years for the acquisition and development of the Park System. Only recently, through the availability of Tax Increment Financing, have our parks been funded for major improvements. The amount of PAC income from each type of new dwelling con- structed in the city has been determined by a cost per person multiplied times the density of each type of dwelling family, multiple housing). The cost per person is recommended by the Park and Recreation Commission each year to the City Council after reviewing other community residential charges. Attached for your review is a Comparison of 1993 With Proposed 1994 Neighborhood PAC Fees, which will in effect raise the single dwelling fee 3% from the present $500.00 to a new fee of $515.00. Also attached is a Comparison of Residential Development Charges For Single Dwellings By Other Municipalites. As is evident from the chart, the other municipalities continue to increase their Neighborhood PAC Fees, which reflects the additional costs for developing and acquiring parks that people are demanding. Recommendation It is requested that the City Council approve the attached reso- lution approving the Park and Recreation Commission recommenda- tion that effective January 10, 1994, the City Council establish the cost per person at $151.47 per person. C: City Clerk RESOLUTION FOR PARK ACQUISITION CHARGE FOR NEIGHBORHOOD PARKS WHEREAS Maplewood Code Sec. 21-46 g recognizes the need for nei h- borhood parks, establishes standards and improvement guidelines for such and provides methods of acquisition and development, and WHEREAS Sec. 21-56 states that the City Council at its first regular meeting of each calendar year shall act to adopt by resolution the cost per person which shall be multiplied by the populace per unit value as found in Sec. 21-48. This annual cost determination shall be used to calculate the Neighborhood Park Charge for each dwelling unit for the ensuing year, and WHEREAS the intention of the Ordinance is to provide for future quality of life through the acquisition and development of park - open space, and WHEREAS the costs of acquisition of property and the development of parks has continued to increase, THEREFORE, the Park and Recreation Commission recommends that effective January 10, 1994, the City Council establish the cost for Neighborhood Park Charge at $151.47 per person. COMPARISON OF INCOME FROM NEIGHBORHOOD PAC FEES 1993 WITH PROPOSED 1994 IN REGARD TO PAC FEES FOR APARTMENT COMPLEX: IF 3-4 UNITS/BLDG - 2.7 PERSONS X RATE X NUMBER OF UNITS IF 5 UNITS/BLDG - 1.9 PERSONS X RATE X NUMBER OF UNITS IF.ELDERLY APARTMENTS: 1 BEDROOM - 1.1 PERSONS X RATE X NUMBER OF UNITS 2 BEDROOM - 2.0 PERSONS X RATE X NUMBER OF UNITS 1993 POP./ONIT RATE TOTAL SINGLE DIPELLING 3.4 $147.06 $500.00 DOUBLE DWELLING 5.4 $147.06 $794.12 MOBILE HOME 2.5 $147.06 $367.65 TOWNHOUSES 2.7 $147.06 $397.06 3% INCREASE 1994 POP./UNIT RATE TOTAL SINGLE DWELLING 3.4 $151.47 $515.00 DOUBLEDWELLING 5.4 $151.47 $817.94 MOBILE HOME 2.5 $151.47 $378.68 TOWNHOUSES 2.7 $151.47 $408.97 IN REGARD TO PAC FEES FOR APARTMENT COMPLEX: IF 3-4 UNITS/BLDG - 2.7 PERSONS X RATE X NUMBER OF UNITS IF 5 UNITS/BLDG - 1.9 PERSONS X RATE X NUMBER OF UNITS IF.ELDERLY APARTMENTS: 1 BEDROOM - 1.1 PERSONS X RATE X NUMBER OF UNITS 2 BEDROOM - 2.0 PERSONS X RATE X NUMBER OF UNITS COMPARISON OF R88IDENTIAL DEVELOPMENT CHARGES FOR SINGLE DWELLINGS BY MUNICIPALITIES MIINICIPALITY 1992 CHARGE 1993 CHARGE PLYMOUTH $860 $885 EDEN PRAIRIE $840 $840 MAPLE GROVE $638 $638 WOODBIIRY $600 $725 COTTAGE GROVE $550 $550 OARDALE $525 $525 ROSEVILLE .$500 $500 MAPLEtiPOOD $459 $500 STILLWATER $400 $400 LITTLE CANADA $400 $400 AGENDA NO AGENDA REPORT -1:i, ." 0 TO: City Manager Endorsed Modify. e„�„ ROM: Finance Director /' ° �.�..----�Rejected,-,,... Dat� RE: AMBULANCE BILLING — MINNESOTA CARE TAX DATE: January 3, 1994 PROPOSAL It is proposed that (1) the City not add the MinnesotaCare Tax on ambulance bills but consider the tax as an expense of doing business and (2) finance the MinnesotaCaze Tax by a transfer from the General Fund contingency account. BACKGROUND Beginning January 1, 1994, health care providers must pay a 2 % tax on the receipts (except when state and/or federal government is the insurer) for health care services they provide to individuals. The City is a health care provider because of our ambulance service. It is estimated that this tax would cost the City about $4-5,000 per year. I believe the extra time and effort involved does not justify addition of the tax to ambulance bills for the following reasons: 1. The tax only affects 45-50% of our patients. (Ambulance bills paid by state or federal programs such as Medicaid and Medicare are exempt from the tax.) 2. We do not know before the charge is made to the patient if they are exempt or not. Thus, all ambulance bills initially would include the tax and adjustments would be made on subsequent billings if the patient is exempt. This would necessitate additional adjustment entries for 45-50% of our patients. 3. We would receive many phone calls from patients asking for explanations of the tax or stating that the tax does not apply to them. 4. As of this date there is no definitive state policy, only a court ruling, prohibiting the state from enforcing the "no itemization" policy. (Prior to a recent court ruling, the state had told providers that they could not list the 2% tax on bills.) RECOMMENDATIONS It is recommended that (1) the City not add the MinnesotaCaze Tax on ambulance bills but consider the tax as an expense of doing business and (2) finance the MinnesotaCaze Tax by a transfer from the General Fund contingency account. lz AGMAWCAMMAX AGENDA NO. AGENDA REPORT 'b, Coun0d19-111 TO: City Manager Endorsed _. -_ odi .c . FROM: Assistant City Manager6fo-W,_-a,` ej ecte ' Date RE: REQUEST FOR CHARITABLE GAMBLING FUNDS DATE: January 5, 1994 INTRODUCTION This is the fourth quarter, 1993 request for charitable gambling funds. Two requests have been received. They are from the Maplewood Seniors and Persons with Disabilities Advisory Committee for $275 to conduct a survey, and a request for $6,900 from the Parks & Recreation department for the purchase of five portable electronic scoreboards for youth basketball. BACKGROUND The Maplewood Seniors and Persons with Disabilities Advisory Committee was formed by the City Council to address the needs and concerns of older residents and persons with disabilities. The Committee would like to survey residents about their own special needs or those of people with whom they live. The request is for $275 which includes postage and printing. The survey will be mailed with the April edition of the Maplewood in Motion. Copies of their request and the draft survey are attached. The Parks & Recreation department is requesting $6,900 to purchase portable electronic basketball scoreboards. Without the charitable gambling funds, the scoreboards cannot be purchased. RECOMMENDATION It is recommended that the City Council consider the request from the Seniors and Persons with Disabilities Advisory Committee for $275 of charitable gambling funds to conduct a resident survey and the request from the Parks & Rec department for $6,900 to purchase portable electronic scoreboards. Maplewood Seniors and Persons. with D Advisory Committee Patricia M. Svendsen, Chair AEMORANDUM " Y y �Cz NOV 2 9 1993 R 6� DATE: November 2 4, 19 9 3 TO: Mike McGuire FROM: Pat Svendsen SUBJECT: REQUEST FOR CH ITABLE GAMBLING FUNDS �'t x :t Z't •.t •.t •.r •.r •.r :: •.t •:i' s't z'r •.t •.t •:% •.r •.t s't S't •:r Z't S't •.r K •.t •.t S't •:% •.t •.r S't •.t •.r •.r S't •.r •.t •.t •.t •:t •k •k •.r •.t •.r •:� :: •.t •.r •.r The Seniors and Persons with Disabilities Advisory Committee to the Maplewood City Council has developed an assessment tool to determine the needs and concerns of older adults and people with disabilities living in Maplewood. It is our hope that as the population ages, Maplewood will be responsive to their unique needs so that Maplewood remains a viable option as a place for them to live. This survey will provide the necessary data so that the community can meet the challenges of our citizens who are elderly or who have disabilties. A copy of the survey is attached. We are planning to publish our survey in the April edition of Maplewood in Motion as well as initiate a target marketing campaign. Since we are an advisory committee, we do not have an operatng budget so we are requesting charitable gambling funds to cover the expenses of publishing and distributing the survey. The committee members will donate their time to the compile the survey results and a report will be given to the city council. The estimated cost of t�e enure rrc�ject is $275.00. The breakdown of cost is listed below: Maplewood in Motion publication cost $150.00 Postage share of Maplewood in Motion 70.00 Additional printing 25.00 Additional postage 30.00 TOTAL COST $275.00 Someone from our committee would be happy to discuss this matter with you or the council. You are welcome to call me at 770-4744 with questions or concerns. SURVEY 441 ar,valsvt ), If you are a Maplewood resident 60 years or older or you have a disability, please take a moment to complete this survey. The Maplewood Seniors and Persons with Disabilities Advisory Committee is seeking information about the needs and concerns of older adults and people with disabilities in Maplewood. SECTION 1: Please check or fill in the blanks that describe all the other older -adults or persons with disabilities in your home. Ages: _Under 60, fi0-61, �fi2-fi4, .65-691, 70-74l 75-799 _80-84, 185+ Number of older adults at home Number of persons w/disabilities Live alone `Live w/spouse _Live w/family or friends Own a home _Rent a home or apartment Employed full time Employed part time _ Volunteer regularly Drive own car Use MTC bus Use NEST Use Metro Mobility Use cab _Ride with family/friends ' SECTION 2: Indicate your answer to the questions in the following section by Girding yes or no and checidng the appropriate response Do you care for another adult or person with a disability? Yes No Could you use some additional support in this care giving? Yes No Do you have contact with persons outside your home? Yes No (when? dail weekly _monthly) SECTION 3: Please check the areas listed below in which you feel you could use more support or help to continue living independentfyy. Housework/Housekeepi_'ng - Laundry Shopping - Cleaning Meal preparation Transportation Weekdays Evenings Weekends COMMENTS: Home Maintenance _ Home chores. _ Lawn Mowing - Snow Shoveling ._._ Home Repairs Socialization - Church Club Involvement Volunteering - Use of Telephone Personal - Grooming - Legal Help - Information - Correspondence - Money Management Health/ Medical _Leisure Activities Mail To: Ms. Pat Svendsen, Chairperson City of Maplewood 1830 East County Road B Maplewood, MN 55109 AGENDA REPORT TO: City Manager FROM: Doug Taubman, Rec. Prog, Coord. RE: g Request For Charitable Gambling nds DATE: January 3, 1994 INTRODUCTION It isproposed that $6,900.00 be allocated from the Charitable Gambling Fund for the purchase of 5 portable electronic scoreboards to be used in our youth basketball program. BACKGROUND Five years ago, Maplewood Parks and Recreation took over the Maplewood Athletic Association basketball . pro ramThe ' g primary reason for the takeover was the lack of volunteers torovide th necessary administrative duties to conduct the league, At the time of takeover, there were approximately P y 23 teams (200 participants) in the program. Since then we have tremendous growth in the program. This year, Ve seen a p , we have 93 teams (approximately 930 participants) playingin 7 s to gym Gated at 5 sites. Two of the gyms have permanently mounted scoreboards. The other gyms have no scoreboards available. In theset on a stopwatch gYm s , time is being kept p ch and the score is being kept on portable flip -card scoreboards, most of which are in need of replacement. Unlike an athletic association, which has theo • p tential to raise money through various means such as conductinga basketball tournament we are limited tball • •� ited to the revenues generated through registration fees . Over the ears it has g y been our philosophy to charge a fee that would cover the expenses p es of the program only. Little or no profit is generated, thus greatly restrictingour ability to make mayor purchases, This philosophy and fee structure makes it impossible to upgrade our program in terms of purchasing major e ui n t ment. I q p he past, we were able to contact local civic organizations for donations to purchase such equipment; this is no longerP ossible, The ability to purchase these portable scoreboards will enhance our program in many ways. Scoreboards make theame more ants and s g fun for the participants spectators. Coaches are better informed b being able- to see the time remaining•y a s well as other displayed information. The jobs of the scorekeepers and p referees would also be made easier, RECOMMENDATION It is recommended that the Council allocate6 $ , 900.00 from the Charitable Gambling Fund for the purchase of 5ortable electronic scoreboards, p Ironic � Q9 T a AGENDA REPORT i TO: City Manager FROM: Assistant City Manager RE: 1994 COUNCIL APPOINTMENTS DATE: December 15, 1993 INTRODUCTION AGENDA N0. 01 a . WtA ra. Mb d 0. f j - 13 i ejoeCte� Date At the first meeting each year, the City Council officially makes the year's appointments of commission and committee members and others that serve at the pleasure of the City Council. The following list is provided for the City Council for their consideration and approval. APPOINTMENTS 1993 1994 Recommendation a. City Attorney b. Prosecuting Attorney c. Municpal Legislative Commission d. Ramsey County League of Local Governments e. Cable Commission Bannigan & Kelly Current rates: $75/hr - civil work $90/hr - litigation Hughes & Costello - Martin Costello - Monthly retainer - $4,500 Joseph Zappa Michael McGuire George Rossbach Alternate: Joe Zappa Gary Bastian Alternate: Gretchen Maglich Clifford McGinnis Alternate: Dale Carlson f. N. E. S. T. Dale Carlson George Rossbach Bannigan & Kellx - no change in rates Hughes & Costello Mike McGuire Gary Bastian Alternate: Gretchen Maglich Clifford McGinnis Alternate: Dale Carlson g. Suburban Rate Authority h. Official Newspaper i. Valley Branch Watershed District Technical Advisory Committee j. Acting Mayor k. Maplewood/North St. Paul/Oakdale Chamber of Commerce I. St. Paul Water Treatment Plan Advisory Board 1993 Joseph Zappa Alternate: Dan Faust Maplewood Review George Rossbach Fran Juker Joseph Zappa Alternate: Geoff Olson George Rossbach Dale Carlson m. Fire Study Committee Fran Juker n. Partnership Gary Bastian 1994 Recommendation Maplewood Review RECOMMENDATION It is recommended that the City Council make the annual appointments for 1994. tmc Attachment Definitions of Citv Organizations Municipal Legislative Commission - This lobbying organization is composed of twelve suburban communities that banded together in 1983. The organization was created for the purpose of counteracting the political influence that central cities have on the State Legislature. Ramsey County League of Local Governments - RCLLG is composed of 18 local governmental units in Ramsey County and representatives from the school districts. They deal with issues that affect Ramsey County. Cable Commission The Ramsey/Washington Counties Suburban Cable Commission was formed through a joint powers agreement between twelve cities and townships. All franchise fees from the local cable TV company are paid to the Commission for the enforcement of the cable franchise. Suburban Community Channels (SCC) is responsible for public access and is funded by the Commission., N.E.S.T. - North East Suburban Transit is a dial -a -ride system funded by the cities of Maplewood, North St. Paul, Oakdale and the Transit Commission. Suburban Rate Authority - SRA is composed of 35 suburban communities in the metropolitan area for the purpose of protecting their rights in gas, electricity, telephone and waste management issues. Valley Branch Watershed District Technical Advisory Committee - A very small portion of the this watershed district is located within the City of Maplewood. The meetings are held in Lake Elmo. St. Paul Water Treatment Plan Advisory Board - This advisory board was formed quite a few years ago to handle resident complaints about the St. Paul Water Treatment facility on Roselawn. The group has not been active in several years. Fire Study Committee - A professional study of the City's fire service was conducted in 1989. This committee is composed of representatives from the three independent fire departments, City staff, and one Councilmember. Its original goal was to review the Fire Study report. It was planned to keep the committee active so that communications between the City and the contract fire departments remained open. This committee has not met for a year due to tensions between the City and the fire departments. Partnership -This organization is a public/private partnership formed for the purpose developing and conducting programs for the prevention of illegal drug use and alcohol abuse. The Red Ribbon Campaign is sponsored by the Partnership. Ll*t[I*E SubURbAN Mayor Gary Bastian City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mayor Bastian: NEWSPAp� o by C g aodif Rei eote Date s✓"law 2515 E. Seventh Avenue North St. Paul, MN 55109 (612) 777-8800 Thank you for the opportunity to bid on public notice publication services for the City of Maplewood. The Maplewood Review has been serving the needs of the Maplewood area for 32 years, and is pleased to provide ongoing coverage of city government and school board issues and community events. Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T.R. Lillie. His son and son-in-law, N. Theodore Lillie and Raymond rJ. Enright, are continuing the family tradition of publishing award- winning community newspapers in the St. Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the Maplewood area. Our experienced news. staff provides readers with a well-balanced, lively and informative product each week. We realize that Maplewood area residents look to us as one of theirP rimary sources of information about city activities and .meetings and we will continue to publish the city's press releases and photos. The Maplewood Review is the legal newspaper for the. city' of. Maplewood. Lillie Suburban Newspapers also has the official designation of the neighboring communities of North St. Paul, Oakdale and Roseville, to name a few, as well as the North St. Paul - Maplewood -Oakdale School District. Noon Friday is the deadline each week for submitting public notices to our office. Late public notices are accepted up to 10 a.m. Monday for the Wednesday newspaper. Public notices should be directed to Barbara Michel, Lillie Suburban Newspapers, 2515 E. Seventh Avenue, North St. Paul, MN 55109. Our fax number is 777-8288. Legal publication rates for minutes, advertisements for bids, and other notices are as follows: $5.20 per column inch for aone-time publication $3.49 per column inch for each additional publication Thank you for considering the Maplewood Review as the official legal newspaper for the City of Maplewood for 1994. If you have any further questions, don't hesitate to call US. Sincerely, Raymond J. Enright Co -Publisher Ir N.. Theodore Lillie Co -Publisher RAMSEY COUNTY REVIEW - MAPLEWOOD REVIEW - OAKDALE-LAKE ELMO REVIEW -NEW BRIGHTON BULLETIN LI�LIE SHOREVIEW BULLETIN - ST. ANTHONY BULLETIN -SHOPPING REVIEW -SHOPPING REVIEW EAST NEWS ROSEVILLE REVIEW - SOH-WEST REVIEW - WOODBURY-SOUTH MAPLEWOOD REVIEW J:" 8a. € b. Actil o y ounoi !] MEMORANDUM Endorsed Modif3erl - TIO:Rejected City Manager date FROM: Thomas Ekstrand, Associate Planner SUBJECT: Planning Commission and Community Design Review Board Reappointments DATE: January 4, 1994 INTRODUCTION At the end of 1993, the terms have expired for two Planning Commissioners and three Community Design Review Board (CDRB) members. Gary Pearson and Will Rossbach from the Planning Commission and Don Moe, Mike Holder and Marie Robinson from the CDRB. The Planning Commission terms are for threeY ears and the CDRB terms are for two years. Except for Don Moe and Mike Holder, the above people want the Council to reappoint them. Don Moe plans to move out of town. Both Mr. Moe and Mr. Holder will continue until the Council appoints new members. BACKGROUND Last December, the City Council discussed the size of the Planning Commission and the method of appointment. Councilmembers Juker and ZaPP a voted to reduce the size of the Commission to seven members. The motion did not pass. The Council then directed the staff to prepare an ordinance that divides the City into districts. The Council suggested basing districts on precincts and population. The Council would use these districts to appoint commissioners. The Council also would appoint- some at -large g members. Last June, the Council decided not to fill Mr. Anitzberger's position until the Council considers a new districting ordinance. DISCUSSION The Council should reappoint the three people requesting reappointment. This will leave two vacancies on the CDRB and two on the Planning Commission. I will be sending the Council a memo in January. This memo will ask for the Council's direction in setting a size for the commissions, which commissions to include and whether they still want a district appointment system. Commissions and boards should have at least five members. The CDRB has six positions. The commissions and boards should have an odd number to avoid tie votes. The Council should authorize the staff to advertise for one CDRB position. The Council should leave the other positions vacant until they decide what to do about creating commission and board districts and changing the size of commissions and boards. RECOMMENDATION A. Reappoint Will Rossbach and Ga Pearson to the ' Gary Planning Commission. B. Reappoint Marie Robinson to the• Community Design Review Board. G. Authorize the staff to advertise position . for one position on the Communis Design Revs Board. Y g Review go\b-6:board.mem (6.2 and 6.1) 2 AGENDA REPORT AGENDA NO. T"w q C Action by Comoil'.3 Endorsed....... Mod 16fied - TO: City Manager Re�ected Date FROM: Gretchen Maglich, Assistant City Manager SoNe" �. RE: HUMAN ftEI.ATIONS COMMISSION REAPPOIlVTNIE]VT3 DATE: December 23, 1993 Commission members with terms that expired on 12/31V93 are Jim Garrett and Marie Koehler. Jim was originally appointed in January 1991 and Marie in November 1993 to fill amid -term vacancy on the Commission. Staff contacted these two individuals to verify their interest in reappointment. Marie confirmed her interest in another term. However, Jim notified us that he will be submitting his resignation to the Commission at their January 4 meeting. Due to another volunteer commitment, he feels he does not have the time to devote to the Human Relations Commission. It is recommended that Marie Koehler be reappointed to a three-year term which would expire on 12/31/96. For review and approval. tmc HRWOMMAPPL94 AGENDA NO. C) 0 Aot-ion by Council: AGENDA REPORT Ery dors ed...-... Modified TO: City Mana ger Rejecterl- Date-- FMM: Gretchen, Maglich, Assistant City Manager RE: POLICE CIVIL SERVICE COMMISSION HqTAIENT DATE: December 17, 1993 Clayton Qualley was first appointed to the Commission on 2/11/85. His current term expired on 12/31/93, It 10 is recommended that Mr. Qualley be reappointed to a three-year term which would expire on 12/31/96. For review and approval. tmc HR\COMMAPPT.94 Action by Councill.� ndorsea Modified.---., e j e et e rlw Date - MEMORANDUM l Q AGENDA ITEM: J .0�7 lee To: Michael A. McGuire, City Manager From: Robert D. Odegard, Director of Parks & Recreatio Subj: Re -appointment To Park and Recreation Commission Date: December 31, 1993 The terms of Park and Recreation Commissioners Jeanne Ewald, Jeff Carver and Donald Christianson will expire as of Decem- ber 31, 19930 Commissioners Ewald, Carver and Christianson have requested that the City Council re -appoint them for another three year term expiring December 31, 19960 c: City Clerk MAPLEWOOD PARK AND RECREATION COMMISSION MEMBERS JEANNE EWALD, CHAIRPERSON 1744 RUTH STREET MAPLEWOOD MN 55109 JEFF -CARVER, VICE-CHAIRMAN 2293 SNOWSHOE LANE MAPLEWOOD MN 55119 JOHN CHEGWYN, SECRETARY 163:1 EAST SEXTANT MAPLEWOOD MN 55109 DONALD E. CHRISTIANSON 1111 EAST COUNTY ROAD C MAPLEWOOD MN 55109 BONNIE QUALLEY 2 08 9 BEAM AVENUE MAPLEWOOD MN 5510 9 MAVIS HAWKINS 1406 EAST PRICE AVENUE MAPLEWOOD MN 55109 MICHAEL FIEBIGER 498 MARNIE STREET MAPLEWOOD MN 55119 CATHY TOLLEFSON 2587 POND AVENUE MAPLEWOOD MN 55119 PETER M. FISCHER 2443 STANDRIDGE AVENUE MAPLEWOOD MN 55109 TERM OF ATTENDANCE EXPIRATION SERVICE IN.1993 OF TERM 1/88 100$ 12/31/93 4/91 58$ 12/31/93 4/77 67$ 12/31/95 -11/77 83% 12/31/93 12/74 83% 12/31/94 6/86 78% 12/31/94 6/89 50% 12/31/95 6/89 67% 12/31/94 5/93 100$ 12/31/95 f. 0000 M E M 0 R A N D U M lection by GounciLOj Endorsed-.-.,. .. DATE: January 3, 1994 Modified Rejected. TO: Mayor and City Council Date FROM: City Manager,,,� SUBJECT: Appointment to the Ramsey -Washington Metro Water District Ramsey County appoints individuals to the Watershed District,, but solicits input from the City Council. John Greavu is currently on the Watershed Board and has requested reappointment, James Frost also sent an application to Ramsey County,, MIKE\APPT.RW JOHN C GREAVU 187 CRESTVIEW DRIVE MAPLEWOOD MINNESOTA 55119 December 8, 1993 Mayor Gary W. Bastian Council Member Dale Carlson Council Member Fran Juker Council Member George Rossbach Council Member Joseph A. Zappa I would like to take this opportunity to ask all of you for your support for reappointment to the Ramsey -Washington Metro Watershed District. I also would like to thank you for your past support in this endeavor. Sincerely, John C. Greavu JCG/mkp 2 J 1 F i'j (7.1 H is R TEL F [-.-I E T tvl A t-,-] H Dei PLEASE USE TYPEWRITER OR BLACK INK ONLY APPLICATION FOR APPOINTMENT TO A RAMSEY COUNTY COMMITTEE Ramsey/Washington Metro Watershed District DATE: NAME: ADDRESS .# Home City & Zip EMPLOYER: ADDRESS: (Business) City & Zip TELEPHONE (Home) F;7 (Business) Please send official correspondence to my: Home L---,, Business Please state your reasons for wishing to serve on this committee: Please state� your applicable background for service on this committee. List qualifications! for membership if applicable (i.e. employment, education and/or related volunteer experience); L -Y C9.e) Your ic-esponse to any of the above may be continued on the back and you may attach any other materials which you may want the County to consider. Please list names, addresses and telephone numbers of two persons confirm your qualifications for this particular committee service: --I who would be able to Are you avail ble for a personal interview should the Count desire? Z5 y y I Applications must be returned to: Bonnie Jackelen, Chief Clerk - County Board Suite 250 15 West Kellogg Boulevard St, Paul, MN 55102 Applications must be postmarked by: November 19, 1993 For more information, please contact Cliff Aichinger, Ramsey/Washington Metro Watershed District, at 7773665. Signature of Applicant F H r-°1 E �� T C'�i ► r� a H �: E R PLEASE USE TYPEWRITER OR BLACK I -N& ON Y r APPLICATION FOR APPOINTMENT TO A R.AMSEY COUNTY COMMITTEE aq*��W=640"t Watershed District DATE: hJ -e� -V.-c' f -� I } (. r c� c NAME; for service on this committee. List (i.e. employment, education and/'or related + • `K�► j 1�.� �� o I1 I(, -' �o w+ e ADDRESS: (Home) _Z S �Z `l e, 1 A r, -C. f; -,J city & 2i EMPLOYER: `�--- Q \ O -`'o C. k -T A , J 0 .,u C t k' ADDRESS: (Business) �3 ,r_ --t t� -T, City & dip TELEPHONE: ( Home) 7"7-7- 8o t 9 I Business q --tytgTY.T. Please send official correspondenr.e to my; Horne X Business Please state your reasons for wishing to serve on this committee: �,r)U) 4kAk_:V_ ywkq T �Vooe +6& -LL_ A�04'9 ft"10(14A41 �O.Q-eA) J N 41 04 Please state your applicable background qualifications for membership if applicable volunteer exper.ienra): A� tt t OA \ O V V �- for service on this committee. List (i.e. employment, education and/'or related + • `K�► j 1�.� �� o I1 I(, �� 4A AAC.e r , t'rC O. l e � d �-� t �o w+ e �. i _ W � 1 �'� "� q� p r � Z 0 c � t .Ad t � � �� t,c-k t 0 .*1 `�--- Q \ O f `` r t (. j t f)-4) QQ A) �- pi Your response to any of the above may be continued I on the back and you may attach any other materials which you may want the county to consider. Please list names, addresses and telephone numbers of two persons who would be able to confirm your qualifications for this particular committee service; 1, ­�ca.,-5eau 7- F T- 4- 1.5 -F �:rr- T4 �i L 2, 0 ,� c -14 �:. Are you available for a personal interview should the County desire? yle� Applications must be returned to,-, Bonnie .Jackelen, Chief Clerk - County Board Suite 250 15 West Kellogg Boulevard St. Paul, MN 55102 Applications must be postmarked by, November 19, 1993 For more information, please contact LAJ Signature of Applicant t �MAPL W00-�!r CITY O�F ULES OF PROCEDURE 1993 TABLE OF CONTENTS PAGE SECTI ON 1 MEETINGS . . 1 SECTION 2 AGENDA FOR REGULAR MEETING 3 SECTION 3 LIMITATION ON COUNCIL ACTION • 3 SECTION 4 MINUTES . 3 SECTION 5 DUTIES OF THE PRESIDING OFFICER 4 SECTION 6 RULES OF DEBATE 4 SECTION 7 ADDRESSING THE COUNCIL . . . 5 SECTION 8 GENERAL RULES OF ORDER . . 0 5 SECTION 9 DECORUM AID ITS ENFORCEMENT 5 SECTION 10 RDINANCES RESOLUTIONS, MOTIONS AND REPORTS 0, 5 SECTION 11 CONDUCT OF CITY EMPLOYEES 6 SECTION 12 WAIVER . . . . . . . . 9 6 SECTION 13 ADJOURNMENT . . . . . . . . . . . . . . . . 6 SECTION 1: MEETINGS A. Re ular The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 p.m., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Thursday, not a holiday. In addition, the Council shall meet at 4:30 p.m. on the Thursday preceding the second and fourth Mondays. These,meetings may be cancelled by the City Council or City Manager if warranted. B. Special o The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty-four (24) hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such . person can be found there. The notice shall be delivered twelve (12) hours before the meeting time. Except for trivial matters, business transacted at a special meeting shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. C'. Place r All meetings shall be held in the Council Chambers of the Maplewood City Municipal Building unless there is a published notice designating another location. D, Pre; ng Officers The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Council members shall elect one of their number as temporary chairperson. E. Ouorum Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may convene from time to time. -1- F. Order of Business At the hour appointed for meeting, the members shall be called to order PP by the Mayor, or in his/her absence by the Acting Mayor, or in the absence of both by the City Clerk. The Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence of the Clerk the Mayor shall appoint a secretary protem. Upon the appearance of t quorum, he the Council shall proceed to business which shall be conducted in the following order: A CALL TO ORDER (B) ROIL CALL (C) APPROVAL OF MINUTES . fl APPROVAL --OF AGENDA E). CONS.ENT.AGENDA (F)-- AWARD OF BIQS UNFINISHED BUSINESS 1H.) NEW BUSINESS COUNCIL PRESENTATIONS (J)-�- ADMINISTRATIVE PRESENTATIONS - ADJOURNMENT OF THURSDAY MEETING (L) — RECONVENE: CALL MONDAY MEETING TO ORDER M)..,- ROLL CALL tN) PUBLIC HEARINGS 101 VISITOR ;PRESENTATIONS (P), ADJOURNMENT OF MONDAY MEETING G . Curfew No additional agenda item will be discussed after 10:30 adjourned under this policy will be continued to the � meeting at 4.30 p.m. The continued meetingwill begin in at g agenda where the adjournment occurred. No new items will 9 continued meeting agenda. H. Pi rst . Req ar p.m. Meetings next Thursday's the point on the be added to the first regular Council meeting in January of each year, the Council At the shall (1) desi9 nate the official newspaper, (2) choose an Acting Mayor on rotating basis from the membership of the Council who . shal 1 perform the a r 9 nce of the Mayor, and(3)ties of the Ma or durin the disability or abse y du y 9 review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. _Z_ SECTION 2: AGENDA FOR REGULAR MEETING A. A11 matters to be submitted to the Council shall be filed no later than .12.:00 noon on the Monday prior to the Monday Council meeting at which consideration is desired, and shall be delivered to the City Manager, or in his/her absence, the City Clerk. In unusual circumstances and when the matter does not require investigation, an item may be accepted after the deadline upon the approval of the City Manager. 6. Except for trivial matters, no item or business shall be considered for action by the Council which does not appear on the agenda for the meeting, except an item or urgent business which requires immediate action and is so determined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all reasonable citizenpetitions, requests and statements however, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action, other than filing, is required or requested. The Mayor and each Council member shall be provided with a copy of the agenda, minutes of the previous meeting, and any other reports and information pertinent to the agenda at least forty-eight (48) hours prior to each regular Council meeting. No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been presented to the City Manager for inclusion on the agenda, SECTION 3: LIMITATION ON COUNCIL ACTION The.. Council shall only take action at regularly scheduled meetings, or special meetings; called pursuant to Section 11, unless all Council members are present at the time the action is taken. Regular meetings do not include meetings with public bodies in joint or cooperative sessions. All Council actions shall conform to the requirements of the open meeting law. SECTION 4: MINUTES A. The City Clerk shall keep a record of all Council meetings. B. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if each member has previously been provided a copy. C. The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting, - 3 - SECTION 5: DUTIES OF THE PRESIDING OFFICER The Presiding Officer shall preserve strict order , and decorum at all meetings of the Council. He She shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions or . order • subject however. to an appeal to the Council In which event.a majority J � PP vote of the Council shall govern and conclusively determine, such questions or order. He/She shall vote on. all questions and on a.roll call vote rotate the order in which votes are cast. SECTION 6. RULES of DEBATE A. The Mayor, or other. Presiding 'Officer, may move, second and debate from the chair, subject only to such limitations of debate as . ar-e by the rules m osed on all members and shall not be deprived of any of the rights and P privileges of a Council member by reason of his acting as the Presiding Officer. 6. Every member desiring to speak shall address the chair, and upon recognition by the Presiding Off icer .shall confine himself/herself to the question Under debate avoiding all personalities and indecorous language. C. A member, once recognized, shall not be interrupted when speaking unless it be to call him/her to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, be called to order, the member shall cease speaking until the question of order is determined and if in order, he/she shall be permitted to proceed. D . A motion to reconsider any action, taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of - the Council and must be made by a member of the Council who voted with the prevailing side . Provided such motion to recons i der is passed, then the parties entitled to notice on the original action shall be notified, and the reconsideration of the action shall be taken at the next regular .meeting 9 followin passage of the motion to reconsider. E, A Council member may request, through the Presiding Officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council, or the reason for the member's dissent from or support of any action of the Council, entered in the minutes. -4- SECTION 7: ADDRESSING THE COUNCIL R Any person desiring to address the Council shall first secure the permission of the Presiding Officer. Each person addressing the Council shall give his/her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his address to five (5) minutes, except at a public hearing when the limit shall be ten -(10) minutes. All remarks should be addressed to the Council as a body and not to any member. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either -directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Council member or any member of the Administrative Staff except through the Presiding Officer. SECTION 8: GENERAL RULES OF ORDER Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on P yarl i amentar practice on matters not specifically covered, and in case of a conflict these rules shall govern. SECTION 9: DECORUM AND ITS ENFORCEMENT The Council members, while the Council is in session, must preserve order and decorum and a member shall neither, by. conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding P 9 Officer, except as otherwise herein provided. No smoking shall be permitted in the Council Chamber while the Council is i.n session. SECTION 10: ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS A. Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member, of the Council, except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. B. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting; provided however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ordinances, resolutions and motions, the ayes and nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by law and except that amendments to the comprehensive plan shall require at least four (4) votes in favor. - 5— C. Ever ordinance, other than emergency ordinances, shall have two public Every readings as provided in Subsection (6) of this Section, and at least fourteen(14)se between the first reading or wai days ver thereof y shall elapse P and the second reading or waiver thereof. D. An .emergency ordinance is an ordinance necessary for the immediate reservation of the. public eace, health, morals, safety or welfare in P p •P which the emergency Is defined . and declared, passed by a rol l cal l vote of at: least four (4) members of the Council as -,recorded by ayes and nays. No Prosecution shall be based upon the. provisions of, any emergency ordinance until the same has been filed with the City Clerk and posted in three conspicuous places in the City, and twenty-four (24) hours after such P filing and posting shall have elapsed or until the ordinance has been ublished unless the person, persons, firms or corporations charged with P• h passage thereof prior to violations thereof shall have had notice of the p g the act or omission complained of. SECTION 11: CONDUCT OF CITY EMPLOYEES A. The City Manager er may take part in the discussions of the City Council and may recommend to the Council such measures as he/she may deem necessary welfare fare of the people e and efficient administration strati on of the affairs for the e p p of the City. The City Manager shall have all the rights, powers and duties prescribed b Minnesota Statutes in regard thereof; however, it is recognized that the City Council is the policy-making body for the City and the City Manager shall confine his/her discussion at Council meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. B. No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer questions directed to such employee, or to present factual information. C. The above reggulations of City employees shall. not be construed to limit the appearance before the City Council of any City employee, when such appearance is made as a taxpayer or member of the public, for or against someP articular issue under discussion by the Council when such employee has an interest in the outcome thereof. SECTION 12: WAIVER By majority vote of all Council members, these rules may be waived. SECTION 13: ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Seconded by Council member Anderson. Ayes - all. COUNCIL POLICIES ADMINISTRATIVE 1. When payments are made by check for any service that is provided by the City (Motor Vehicle, licenses, permits, maps, driver's license, etc.), the telephone number and a driver's license number must be supplied before the check is accepted. 2. 3. 4. 2. The City, at the discretion of the City Manager, can allow the building to be closed early on the day before Christmas and the -day before New Year's. Staff reports or memorandums regarding any City property, such as parks, lift stations, etc., should include the exact street address. All appointees to commissions, boards, etc., are to appear before the Council. (See Internal Rules) PUBLIC WORKS Street Patching. A letter of credit will be required as a condition of lot splits on plats to guarantee proper patching of streets following connection to utilities. No occupancy of dwellings is allowed in a plat until the first lift of asphalt is on the street (s) . MISCELLANEOUS 1. Any applicant for an Intoxicating Liquor License who has an interest in or is listed as an owner of a liquor license or establishment, is not eligible to have a liquor license in Maplewood. 2. The Manager of the liquor establishment shall be the license holder of such license. The license holder must be on premise at last 40 hours per week. 3. A permit fee for an event provided by the City can be waived. 4. our City shall follow, with no exceptions, all ordinances. INTERNAL RULES OF COUNCIL A. APPEARANCES 1. When an applicant has requested a public hearing and does not attend the meeting, the item may be tabled until the applicant can appear. 2. All appointees to commissions, boards, etc., are to appear before the Council. 3. All new permanent employees will be introduced to .the City Council. B. PROCEDURAL RULES 1. When a Councilmember is absent from a meeting where a four - fifth's (4/5) vote is required, the item is tabled until a full Council is present. 2. When a Councilmember is going to be absent when an Agenda item that they are interested in is scheduled, they may ask for the item to be tabled until they return, but the request must be approved by the City Council.. 3. Items introduced during Council Presentations shall be responded to at the next Council meeting, unless a later date has been stated, with a report of what action hasbeen taken. 4. All material received at City Hall that will require City Council action shall be date stamped on the original. C. LAND USE MATTERS 1. Final plats should not be added to or included on the Agenda, unless all conditions for approval will have been completed before the Council meeting. There should be no contingencies for approval. 2. .Double dwellings should be located on the periphery of single - dwelling neighborhoods; preferably on higher volume streets. 2A. Commercial and multiple-dwelling traffic should not be directed through single -dwelling neighborhoods. 3. When a change is made to an already approved development site plan, the change shall be submitted to Council. COUNCIL POLICIES 1. Any applicant for an Intoxicating Liquor License who has an interest in or is listed as an owner of a liquor license or establishment, is not eligible to have a liquor license in Maplewood. 2. The Manager of the liquor establishment shall be the license holder of such license. The license holder must be on premise at least 40 hours per week. 3. When payments are made by check for any service that is provided by the City (Motor Vehicle, licenses, permits, maps, driver's license, etc.), the telephone number and a driver's license number must be supplied before the check is accepted. 4. When a Councilmember is absent from a meeting where a four -fifth's (4/5) vote is required, the Rem is tabled until a full Council is present. 5. When a Councilmember is going to be absent when an Agenda item that they are interested in is scheduled, they may ask for the item to be tabled until they return, but the request must be approved by the City Council. 6. When an applicant has requested a public hearing and does not attend the meeting, the item may be tabled until the applicant can appear. 7. A permit fee for an event provided by the City can be waived. 8. The City, at the discretion of the City Manager, can allow the building to be closed early on the day before Christmas and the day before New Year's. 9. All appointees to commissions, boards, etc., are to appear before the Council. 10. All new permanent employees will be introduced to the City Council. 11. Final plats should not be added to or included on the Agenda, unless all conditions for approval will have been completed before the Council meeting. There should be no contingencies for approval. 12. Double dwellings should be located on the periphery of single -dwelling neighborhoods; preferably on higher volume streets. 12A. Commercial and multiple -dwelling traffic should not be directed through single -dwelling neighborhoods. 13. Street Patching. A letter of credit will be required as a condition of lot splits on plats to guarantee proper patching of streets following connection to utilities. 14. No occupancy of dwellings is allowed in a plat -until the first lift of asphalt is on the street(s). 15. Items introduced during Council Presentations shall be responded to at the next Council meeting, unless a later date has been stated, with a report of what action has been taken. 16. All material received at City Hall that will require City Council action shall be date stamped on the original. 17. Our City shall follow, with no exceptions, all ordinances. 18. Staff reports or memorandums regarding any City property, such as parks, lift stations, etc., should include the exact street address. 19. When a change is made to an already approved development site plan, the change shall be submitted to Council. 20. Council Audio Tapes shall be retained for two years. Rev. 01-12-93 AGENDA REPORT TO: . City Manager FROM: Assistant City g(51qk"Mana er 1 UA RE: OPEN SPACE COMMITTEE APPLICANTS DATE: December 22 1993 INTRODUCTION 07`0 'A AGENDA NO. Ac tion by oLmc:i -� 0.1 Endorsed......, edifll e Rejected .date At the November 22 meeting, the Cit Council I directed staff to reorganize the Open Space Committee. The new Committee p will be responsible to reevaluate the to priority properties and present an updated p p d recommendation to the Council on specific sites to purchase. The Council wanted p to reappoint six individuals from the original people to that group Committee and add three moreg . BACKGROUND The application periodended on Friday, December 17. Nine applications were received. Those applications are beingresented to • consideration. p the City Council for review and DISCUSSION .Current Active Members The six residents that previous) served on t • Y he Open Space Committee are Ter Spawn, Rick Brandon., GregJueneman � n, Carolyn Peterson, Dominic Ramacier, and Char Wasiluk. When the original Committee ' g e was established, the Council wanted to ensure that the entire City was represented on the' Committee. The 13 neighborhood park areas were combined into six specific areas s -Areas A, B, C, D, E, and F. The locations of the remaining six active Committee members are as follows: Area A: Two members Area B: One member Area C: One member Area D: None Area E: None Area F: Two members Three New Appointees The nine applications that were submitted are located in the following areas: Kathy Haymes 1089 South Century Area F Alan Singer 49 O'Day Street Area E Richard Sherwood 885 Lakewood Drive South Area F Rob Peterson 1574 Lakewood Drive North Area D Charlotte Brooker 2172 Woodlynn Ave. Area B Leann LaBarre 1655 E. Sextant Ave. Area B Robert O. Welty 2502 E. Geranium Area D Edward J. Vitek 2587 Upper Afton Road Area E Jane C. Fosse 1161 Leland Road Area C Copies of their applications and an area map are attached. Selection Process The original Open Space Committee was appointed in the summer of 1991. The City Council used ballots as a way of selecting the Committee representatives. If the Council would like to use this same process, a ballot is attached. The votes can be tabulated at the meeting, and the official appointments made based on the voting results. RECOMMENDATION It is recommended that the City Council appoint the residents who best represent the City and its interests in the purchase of open space. Attachments OPEN SPACE COMMITTEE BALLOT The active Open Space Committee members live in the following areas of the City: Area A: Greg Juenemann Area D: Carolyn Peterson Area B: Richard Brandon Area C: Char Wasiluk Area E: Area F: Dominic Ramcier Terry Spawn The objective of this ballot is to select three additional members for the Open Space Committee. Select 3 applicants from the following list Rank them in order of preference: 3 being the most preferred and 1 being your third choice. Sign the ballot and return it to the City Manager's office on or before WAW*W11AWA~a,, W,4"l Char Brooker, Area B Jane Fosse, Area C Kathy Haymes, Area F Leann LaBarre, Area B Rob Peterson, Area D Richard Sherwood, Area F Alan Singer, Area E Edward Vitek, Area E Robert Welty, Area D Signature Vw C I TY OF MAPLEWOOD 5 OEC 71993 OPEN SPACE COMMITTEE APPL I CAT I , 4 t NAME 6-41VAJ 44 / ,4. 1Z /','P C ADDRESS S # S��Xn ZIP CODE TELEPHONE 7 -7 1y r. `7 7 -7 251 Z DAYTIME EVENINGS How long have you lived in the City of Maplewood? /L'o you e a available to attend meetings? s ? Da time f te�:��fZoon Evenin � When r y g y Evening t-" you own property in Maplewood that might be considered as open space? 0 List other organizations or clubs in the Community in which you have been or are an active participant. �1,�- �� ,� 4 L IfOF Please write below any personal/professional background of yours which you feel would be pertinent. 4v Xkvs r Why would you like to serve on this Committee?� y t 4 /z 41.x � m kk 40 6" -i" R RETURN COMPLETED APPLICATION BY DECEMBER 17, 1993, 4:30 P.M., TO: City Of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770-4526 ~°4,k-� &A 12-14-q3 CITY OF MAPLEWOOD OPEN SPACE COMMITTEE APPLICATION NAME Rob W. Patnrson ADDRESS 1574 Lakewood Dr. 5511 9 -- ZIP CODE TELEPHONE 'MYT VIE EVENINGS How long have you lived in the City of Maplewood?_ 6 years When are you available to attend meetings? Daytime Afternoon Evening Do you own property in Maplewood that might be considered as open space? Ho List other organizations or clubs in the Community in which you have been or are an active participant I A IM lot Please write below any personal/professional background of yours which you feel would be pertinent. %0 1 AtA a I AMA 1 —1 AA fJ I %—VVWW %.A VF%— I I %J [.1 U aripa tj n Why would you like to serve on this Committee? • er to the commun i ty that whi ch was. prom, sed, and 2) I bel i eve that thi s • .. UACI I-, lZot:: w iI Isoun. ue .in o er c.ommuni t! es ave an interest in understanding the possible methodl o i e e employed in implementing this type of program, and common problems which occur Buri na the acquisition process --- RETURN COMPLETED APPLICATION BY DECEMBER 171 1993, 4:30 P.M., TO: City Of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770-4526 7_199__7 FROl'-1 T [-,I H` F` -i` H­[1F'L1'__' TID 9 7 04._;A P. F11 I a. CITY OF NAPLEW)OD UM OPEN SPACE C011baT "PLICATION (oz %1> A0DRESS 7) t,. -Gtr ZIP COBE TELEPHONE �,� r+ � � � � ,�--- �, � _ `'� �� �r 4 DAYTIME EVENINGS tiow long have yvu lived in the city of Maplewood'? When are you available to attend meetings? Daytime Afternoon Evening I)o x ­ou own property in Maplewood "at might be considered as open space? ilk'c) List other organizations or clubs in "e Community in which you have been or al:e an active participant. Please write below any personal/professional background of yours which you feel would bo pertin-ent. A If r e) Why would you like to serve on this Committee? -fit y AliPik 11V RETURN COMPLETED APPLICATION BY VE ER 17, 1993f 4:30 P.M., TO: City Of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 zd.!!;t county Roeld D Maplewood, MN 55109 612/770-4526 TID T HL P. 01 7F� r i DEC 8 1993 CITY OF MAPLEWOOD OPEN SPACE COMMITTEE APPLICATION _. NAME -� aw Jr ADDRESS ZIP CODE TELEPHONE DAYTIME EVENINGS How long have you lived in the City of Maplewood? d - a dr_C When are you available to attend meetings? Daytime Afternoon Evening ts� Do you own property in Maplewood that might be considered as open space? -A List other organizations or clubs in the Community in which you have been or are an active participant. 6y �� C - le�'� i y / rl-4e �'/ X5- 4-4 4?- 0 A.1"l .I Zf 4 Please write below any personal/professional background of yours which you ..` feel would be pertinent. Why would you like to serve on this Committee? 40s -,-S 0, 8a -'0V /-.:p 72-) 6-y9 WA000 .� RETURN COMPLETED AP LICATIO BY DECEMBER 17, 19931 4:30 P.M., TO: City Of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770-4526 DEC 1 0 CITY OF MAPLEWOOD OPEN SPACE COMMITTEE APPLICATI6N NAME`.,62z-- ADDRESS I ZIP CODE TELEPHONE Ad DAYTIME EVENINGS How long have you lived in the City of Maplewood? 1-14d, When are you available to attend meetings? Daytime Afternoon Evening ""XI Do you own property in Maplewood that might be considered as open space? List other organizations or clubs in the Community in which you have been or are an active participant. zr"J06� Please write below any personal/professional background of yours which you feel would be pertinent. RETURN COMPLETED APPLICATION BY DECEMBER 17, 19931 4:30 P.M., TO: City Of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770-4526 !!c C'dw I �� Why would you like to serve on this Committee? 4100�--Ov -!9-Iopvcos zk P -W, R-. 0& izjF,. �Alb je 9 iS 7-'�e 7AZ ru A "00W= ���- A V - AIR= R ;ro SWP 700#15 ,00Oqll��112-7�9A-1 )ro- RETURN COMPLETED APPLICATION BY DECEMBER 17, 19931 4:30 P.M., TO: City Of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770-4526 NAME ADDRESS TELEPHONE CITY OF MAPLEWOOD OPEN SPACE COMMITTEE APPLICATION How long have you lived in the City of Maplewood? When are you available to attend meetings? Daytime Af rnoon Evening_ Do you own property in Maplewood that might be considered as open space? List other organizations or clubs in the Community in which you have been or are an active participant. Please9write below any F feel would be pertinent. yours which you RETURN COMPLETED APPLICATION BY DECEMBER 17, 19931 4:30 P.M., TO: City Of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770-4526 CITY OF MAPLEWOOD OPEN SPACE COMMITTEE APPLICATION i t ADDRESS o f4uda6obd ',.r. (C)q ZIP ODE TELEPHONE 41;-3 o I LP "" 41349-q141&.W- DAYTIME EVENINGS How long haveou lived in the Cit of Maplewood? Y Y � When areou available to attend meetings? Daytime Afternoon Evening Y g Y Do you own property in Maplewood that might be considered as open space? r�o List other organizations or clubs in the Community in which you have been or are an active participant. eAer Kidr &:A�ut'n�3 VcAun+eer ai-- boeauer L/ Please write below any personal/professional background of yours which you feel would be pertinent. '*0T I -f -N W99P A i n +Pf-PS4-all I'n 4fY, i(YO C t a*i-n ra on (S e0j- Vcsrloas ��h- cot S Q'VAO-A, r)3010 w te Why would you like to/serve on t'f 1 s•�ivl 4 be 0-8464 J: MI. 11 -Off I W -i u1b, V a, I 1�I �► If RETURN COMPLETED.APPLICATION BY DECEMBER 171 1993,4:30 P.M., TO: City Of Maplewood Gr6tchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770' 4526 U0 k Mrd C F CITY OF —MAPLEWOOD tu 09M OPEN SPACE COMMITTEE APPLICATION' ,�',i'.s NAME C� e_-� ADDRESS �� n CTS1 ZIP TELEPHONE CODE DAYTIME EVENINGS,! How long have you lived in the City of Maplewood? When are you available to attend meetings? Daytime�J Afternoon Evening Do you own property in Maplewood that might be considered as open space? List other organizations or clubs in the Community in which you have been or are an active participant. V!, k� L U�l� fva�l��L.eU Please write below any personal/professional background of' feel would be pertinent. E Q tA- c6aULO E.,m Why wouldyoulike to serve on this Committee? yours which you i av�c� ,� • -;v.e, �1�i3 � car RETURN COMPLETED APPLICATION BY DECEMBER 17, 1993, 4:30 P.M., TO: City Of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770-4526 CITY OF MAPLEWOODE-5 OPEN SPACE COMMITTEE APPL I CATION } s DEC 71993 NAME ADDRESS 19 0 � G �� CA ZIP CODE TELEPHONE 17:3 DAYTIME EVENINGS How long have you lived in the city of Maplewood? When are you available to attend meetings? Daytime Afternoon Evening Do you own property in Maplewood that might be considered as open space? List other organizations or clubs in thg Community in which you h ve be or 1, are an a tive participant. 5 r�.�c•��y'te� ��l4 Qn��. ld- 14 OA kA LK- 0 ot L -e le YI ek C 15 T & 'J'P' k Ck Iq 60M Mt A C< I PA yk .6, NcluteAe, � " t ` ii v� k c, o iPt j T {� Ttj 1� V1 l%� CA, ct ij "4-0TMI �j C6 yL ✓'iY"1 L Yl Please write below any personal/professional background of yours which you feel would be pertinent. Dwa r e t Y. locin Lk' e0y'f "Par I�Varj. worLd OYL---daeo S. bac ec.� riflhie'ti ate[ �0Lk� Get- Pati Lj,2st- Lk A lcy1d a Why would you like to serve on this Committee? lk+e1k ~:ice ' o e, t k ; rih v1 %'1 1 � 1 td �0. 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J4 IITaTLa at. i••, 1 N�Oi N1�0 g ratOtesca St. tatmont Avg. 4-3 L -It falsest AVg. 600ST AVS. r_• t, 4. a-$ I I mlaNafa St. j-1. 3• • AGENDA REPORT TO: City Manager FROM: Assistant City Manager & t -al RE: OPEN SPACE UPDATE DATE: January 3, 1994 INTRODUCTION This report is part of the on-going open space updates. DISCUSSION AGENDA NO. /mew Enda se Modig$ed Rejecte Date The six remaining active members of the original Open Space Committee met on Tuesday, December 14 to discuss a grant application for State funds. x-01 At that meeting, I reported to the Committee about the number of applications received for the three open committee positions. In addition I let the Committee know that I was receiving phone calls and visits from individuals requesting that specific c parcels be evaluated for purchase. I had been telling the callers that the to priority Y list of parcels was being re-evaluated by the new Open Space Committee an p p , d I would add their preferred property to the list for evaluation. The original Open Space Committee members at the December 14th meeting did not agree with my response to the callers. They feel very committed to therocesses p of inventory and evaluation that they used to create the original list of parcels. The g Committee had many meetings which were open to public. They solicited citizen input and comments during the entire year of their project. It is their strong belief 1 g that the process and identified parcels should stand as it is, and the Committee should re- evaluate and re -prioritize the parcels on the original list. No other sites should be examined at this point in time. The original six Committee members are requesting that the City Council endorse their process, support the original list, and direct the new Committee and staff not to evaluate any additional sites. RECOMMENDATION It is recommended that the City Council consider the Committee's request for support of the originalprocess and either 1) endorse their position, 'or 2) direct them to evaluate the new sites that have been brought to our attention. tm c M E M 0 R A N D U M Action by Council Endorsed.-.- DATE January 3 , 1994 Modif i,'ed mm"he" TO: Mayor and Council Rejected Date FROM: City Manager SUBJECT: Council Manager Workshop it is requested that a Council/Manager Workshop be scheduled January 18th from 4:30 to 6:30 p.m, or January 20th from 5:30 to 7:30 p*M* The main topics will be: lo Bill Bruen - update on status'of Fre Department contracts 2. Patrick Kelly update on litigation 3. Schedule Council Retreat MIKEWOUNGRAS