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HomeMy WebLinkAbout1992 05-28 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, May 28, 1992 Council Chambers, Municipal Building Meeting No. 92 -10 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Council /Manager Meeting May 4, 1992 2. Meeting No. 92 -09 (May 11, 1992) - 3. Council /Manager Meeting May 13, 1992 E APPROVAL OF AGENDA - - - - -- - -- 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 will be no separate discussion on these items. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Conditional Use Permit Review: 2120 -2124 Woodlynn Ave. (Village on Woodlynn) 3, I- 494 /Lake Road Interchange 4, Budget Transfer: Roselawn G6 PUBLIC HEARINGS H. AWARD OF BIDS I. UNFINISHED BUSINESS 1. Brenda Whyte: Assessment - Improvement 90 -01 2. 3 -M Meeting J. NEW.BUSINESS 1. Request for Temporary Signs: County Household Hazardous Waste Collection Facility 2. Real Estate Sign Ordinance (1st Reading) 3. ADA Compliance Survey 4. Ordinance: Building Plan Review Procedure (1st Reading) 5 . Truth-In-Sale of Housing Ordinance (1st Reading) 6. Sterling /Schaller Improvements - Project 87 -45 Easements 7. .Change Orders.-.4 & 5, Rosel awn Ave, - Project 87 -01 8. close Out: Old Developer Projects 9 Gambling Ordinance - 1st Reading 10. nacho Property - Abatement of Assessment _ - K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 2. 3. 4 N. ADMINISTRATIVE PRESENTATIONS 1. 2. 3. N. ADJOURNMENT J COUN AGER MEETING OF THE CrIY COUNCIL OF THE CrrY OF MAPLEWOOD 4:30 p.m., Monday, May 4, 1992 Maplewood Room, City Hall MINUTES A. CALL TO ORDER The Council/Manager meetin g p City of the Maplewood Ci Council was held in the Maplewood Room, City Hall. The meeting was called to order by Mayor Bastian at Y 4:.35 p.m. B. ROLL CALL Mayor Gary Bastian Present Councilperson Dale Carlson Present Councilperson Fran Juker Present Councilperson George Rossbach Present Councilperson Joseph Zappa Present Others Present: City Manager Michael McGuire Assistant City Manager Gretchen Maglich C. APPROVAL OF AGENDA The following items were added to the agenda: G. EARLY RETIREMENT PROJECT 1. Motel Tax 2. City Manager Performance Appraisal 3. White Bear Avenue "Fair Days" Parade 4. Commissioners' Dinner Mayor Bastian moved that the agenda be approved as amended. The motion was seconded by Councilmember Za a and was approved. pp pP Ayes:. All 1 D . CHARITABLE GAMBLING City Manager McGuire and Assistant City Manager Maglich presented a report on charitable gambling including information on the 10% net profits formula, refunds to licensed organizations, use of 3% local gambling tax monies for enforcement, and trade area information. Public Safety Director Ken Collins arrived at 4:45 p.m. and distributed a draft of the bingo and gambling ordinance to allow raffles within the City and to bring the City's bingo ordinance into compliance with State law. There was considerable discussion about the use of the "10% of net profits" funds, the use of the "3% of gross profits" funds, and the means of funds distribution. Councilperson Zappa moved that the bingo /raffle proposed chanzes be placed on he next rezular City Council agenda. The motion was seconded by Councilperson Rossbach and was approved. Ayes: All To establish a distribution process for the "10% of net profit" funds, the City Manager was directed to circulate a list of proposed projects and distribution time line to the City Council for consideration and comments. Public Safety Director Collins left the meeting at 5 :15 p.m. E. CITY HALL ARTWORK City Manager McGuire updated the Council on the status of the availability of funds for the purchase of artwork for public areas of City Hall. Following some discussion, it was the consensus of the City Council that a procedure should be established which allows the City employees to select pieces of artwork for purchase and display. Human Resource Director Gail Blackstone arrived at 5:22 p.m. F. FUNDS FOR "SAVE OPEN SPACE" T- SHIRTS /CAPS Following some discussion, it was the consensus of the City Council that public funds should not be donated to a project which may become a ballot question. The City Manager was directed to relay this information to the Open Space Committee, and if individuals on the Committee were interested in creating a separate citizens' advocacy group to raise funds for open space, that the City Manager should supply them with the necessary information and financial disclosure forms. IG 2 1� in G. EARLY RETIREMENT PROJECT UPDATE Human Resource Director Blackstone presented a report on various early retirement packages and the financial impact on the City for each of the qualified employees. The City Council commented that the research and information were valuable, but that no further action would currently be taken. G.1. Motel Tax Councilperson Rossbach reported that he was contacted by a representative from the St. Paul Convention Bureau about establishing a City tax on motel accommodations; the revenue would be shared by the City and the Bureau. It was the consensus of the Council that Councilperson Rossbach would direct the Bureau representative to contact City Manager McGuire, G.2. City Manages Performance Appraisal Councilperson Carlson stated that the City Manager's anniversary date was May 1st, and it was time for his review and to establish goals for the next year. It was the consensus of the Council that Councilpersons Carlson and Juker would serve as the Council committee to handle the Manag review. G.3. White Bear Avenue "Fair Days" Parade City Manager McGuire informed the Council that the 1992 White Bear Avenue Business "Fair Days" Parade is scheduled for Thursday, July 23, 6:00 p.m. All Councilperson were interested in participating in the parade, and City Manager McGuire was asked to keep them updated as the date approached. GA Commissioners' Dinner City Manager McGuire asked the Council for their ideas and interest in sponsoring a 1992 dinner in recognition of the volunteer efforts of the City's commissioners and board members. It was the consensus of the Council to provide a dinner for the standing, formal commissions and boards, and staff was directed to investigate possible location and dates for the event. H. CLOSED SESSION Mayor Bastian recessed the meeting into Closed Session to discuss labor contract negotiations and personnel matters. The time was 6:08 p.m. Mayor Bastian reconvened the meeting at 6:18 p.m. 3 I . FUTURE TOPICS "Budget mew" was added to the FUTURE TOPICS list. Councilperson Zappa stated that he wanted tougher enforcement of the City's code for signs that are posted within the right -of -way. 'It was the consensus of the Council to take an educational approach to the problem and directed staff to place articles in the Maplewood Review and Maplewood in Motion about signs and the City code that regulates where they can be posted. This alternative was selected in -lieu of strict enforcement of the existing code. I ADJOURNMENT The meeting was adjourned at 6:37 p.m. 4 1 � i MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 11, 1992 Council Chambers, Municipal Building Meeting No. 92 -09 A. CALL TO ORDER: A ,regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. b M Bastian, y y an. B. PLEDGE OF ALLEGIANCE CO ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Jukes, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Council /Manager Meeting, April 20, 1992 Councilmember Zappa moved to approve the minutes of the ADri1 20, 1992 Council /Manager Meeting as presented. Seconded by Mayor Bastian Ayes - all 2. Financial Report /Audit Meeting, April 27, 1992 Councilmember Zappa moved to aDDrove the minutes of the April .27,, 1992 Financial Report /Audit meeting _as pre_ rented_ Seconded by Councilmember Rossbach 3. Meeting No. 92 -08 (April 27, 1992) Ayes - all Councilmember Zappa moved to aDprove the minutes of Meeting No. 92 - 08 (April 27. _ 1992) as presented . Seconded by Councilmember Rossbach Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to approve the to the Aqua as amended, amended. L1. ADA L2. Bike Path L3. Mayor's Update M1. Meetings Seconded by Councilmember Zappa 1 Ayes - all 5 -11 -92 EA. PRESENTATION 1. East County Line Fire Department a. Mayor Bastian presented Larry Bush and Ed Huber, East County Line Fire .Department, with the following Proclamation: PROCLAMATION WHEREAS, the Minnesota State Board of Technical Colleges annually selects a fire department for special recognition based on its commitment and service level to the community; and WHEREAS, East County Line Fire Department has been chosen to be the recipient of the 1992 Minnesota Fire Department Community Service Award; and . WHEREAS, East County Line Fire Department earned this special award by offering emergency medical services, hazardous materials responses, fire prevention programs, free blood pressure testing, and fund raising efforts for a young burn victim; and WHEREAS, Governor Arne Carlson presented this award to the East County Lie fire Department at the opening of the 1992 State Fire School at the Thunderbird Motel in Bloomington on Friday, May 1, 1992; and WHEREAS, the residents, Council, and employees of the City of Maplewood are extremely proud of East County Line Fire Department's commitment to the community's citizens and businesses. NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the City of Maplewood, on behalf of the City Counc i 1 and all residents within the City, do hereby congratulate and commend the members of the East County Line Fire Department for their receipt of the 1992 Minnesota Fire Department Community Service Award; and extend our appreciation to those contributing individuals for their dedication to providing educational preventative programs and public safety services, and special community programs for those less fortunate. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Maplewood to be affixed this 11th day of May, one thousand nine hundred and ninety -two. F. CONSENT AGENDA Counci l member Zappa moved, seconded by Mayor Bastian- -.- ayes - all, to-Approve the consent agenda items F -1, F -3 and F -4 as recommended. (Item F -2 moved to J 2 5 -11 -92 V 1 Approval of Claims Approved the following claims. ACCOUNTS PAYABLE: $ 533,029.52 S 202,885.79 S 735 PAYROLL: $ 202 $ 40.)60__44 243,743.99 S 979 Checks #25632 - #25697 Dated 4 -15 -92 thru 4 -30 -92 Checks #16958 - #17065 Dated 5 -11 -92 Total per attached voucher /check register Payroll Checks #26189 thru #26402 Dated 4 -24 -92 Payroll Deduction Checks #26407 thru #26422 dated 4 -24 -92 Total Payroll GRAND TOTAL 2. Ambulance Bill - Application for Cancellation Moved to become J -7 3. Conditional Use Permit Review: Kennard St. (Korridor Capital Investments) Extended final review of t h i s permit until June 8, 1992, when Council w i l l consider ending the permit, 4. Budget Transfer - Elections Approved transfer of $22,217.36 from the Contingency Account to cover costs for equipment and personnel required by the addition of 2 new voting precincts which are a result of redistricting. G. PUBLIC HEARINGS 1. 7:00 p.m. (7:07 p.m.), Conditional Use Permit: County Collection Site a. Mayor Bastian convened the meeting for a public hearing regarding a request for a conditional use permit for the County to establish a temporary hazardous waste collection site. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Rossbach presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: 3 5 -11 -92 Q Zach Hansen, Ramsey County Health Dept. John Gulner, Dynex Corporation Hal Norgard, Ramsey County Commissioner Tom Cory, Perkins Restaurant f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following .Resolution and moved its adoption: 92 - 05 - 43 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Ramsey County Department of Public Health, Solid Waste Division applied for a conditional use permit to operate a temporary collection site for household hazardous waste, WHEREAS, th i s permit applies to the site south of Aldrich Arena and north of Ripley Avenue. The legal description is: Subject to avenues and easements and except West 620 feet of North 438 feet, the West 810 feet of North 1/2 of SW 1/4 of Section 14, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on April 20, 1992. They recommended that the City Council approve said permit. 2. The City Council held a public hearing on May 11, 1992. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law, The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission, NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit for the following reasons: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area, 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 4 5 -I1 -92 5 .. The use woul d generate only mi n i mal veh i cul ar traff i c on 1 ocal 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. - 70 The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions. 1. All construction shall follow the site plan for Site B. This is the site that is East of the County Nursing Nome. The City Council may approve major changes after they hold a public hearing. The Director of Community Development may approve minor changes. 2. The hours of public operation shall be from noon to 7 p.m. on Fridays and 10 a.m. to 5 p.m. on Saturdays. 3. This collection site shall only be open for eight weekends in the spring - summer and eight weekends in the summer -fall. 4. There shall be an emergency response coordinator on the site during all operating hours. 5. The operator shall remove the canopy on each Saturday night after a weekend operation 6. The County shall mark the traffic lanes to the site from the intersection of Van Dyke Street and Ripley Avenue, 7. Waste containers from the public shall , not be opened on the site, except to allow the operator to inspect the contents inside. The Site operator shall place waste containers in leak- proof plastic tubs and remove them from the site at the end of each day. 8. The operator of County shall notify the fire department and the emergency preparedness director when the site w i l l be in operation. 9. This City Council shall review this permit one year after the City Council approves it. 10. This permit shall end on December 31, 1993. . The City Council may change this condition if the County requests an extension. 11. If the City or Ramsey County decides to terminate use of the facility, the County shall remove any permanent portions of the temporary site and restore it to its original condition. Seconded by Councilmember Juker Ayes - all 5 5 -11 -92 2. 7:20 p.m. (7:50 p.m.). Toenj es Farm Street Vacation Lot Width Variance Preliminary Plat a. Mayor Bastian convened the meeting for a public hearing regarding the request from Frattalone Excavating and Grading for a street vacation, lot width variance and approval of a preliminary plat for development of the Toenjes Farm Subdivision. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Ros sbach presented the Planning Commission recommendation. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons was heard. Frank Frattalone, the developer f. May0r Bastian closed the public hearing. g. Mayor Bastian introduced the following Resolution and moved its . adoption: 92 - 05 - 44 STREET VACATION WHEREAS, F. M. Frattalone Excavating and Grading, Inc. applied for the vacation of the following- described street: That part of the Edgemont Street right -of -way lying north of the center l i n e of the vacated Mount Vernon Avenue right -of -way and south of the north l i n e of Lot 4, Block 4, Magoff i n' s North Side Addition. WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this street signed a petition for this vacation; 2. The Planning Commission discussed this vacation on April 20, 1992. They recommended that the City Council approve this vacation. 3* The City Council held a public hearing on May 11, 1992. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. 6 5 -11 -92 WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 4 -15, Block 4 and Lots 16 -27, Block 3 of Magoffi n's North Side Addition in Section 17, Township 29, Range 22. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacation for the following reasons: 1. This vacation is in the public interest. 2. The City does not need t h i s right -of -way because the developer w i l l be dedicating a new Edgemont Street right -of -way with the final plat. The developer shall file the vacation resolution with the final plat. Seconded by Councilmember Zappa Ayes - all h. Councilmember Zappa introduced the following Resolution and moved its adoption: 92 -05 -45 LOT SIZE VARIANCE WHEREAS, F. M. Frattalone Excavating and Grading, Inc. applied for a variance from the zoning ordinance at Lot One, Block One of the Toenjes Farm preliminary plat. This lot would be just north of 1986 McMenemy Street, WHEREAS, Section 36 -69 of the Maplewood Code of Ordinances requires a lot to be 75 feet wide at the building setback line. WHEREAS, the applicant is proposing one lot with a width of 73.08 feet at the building setback line, WHEREAS, this requires a variance of 1.92 feet. WHEREAS, the history of this variance is as follows: 1. This variance was reviewed by the Planning Commission on April 20, 1992. They recommended that the City Council approve the variance. 2. The City Council held a public hearing on May 11, 1992. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission, NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described variance for the following reasons: 7 5 -11 -92 1. The variance is in keeping with the spirit and intent of the , ordinance. 1i 2. The proposed lot width is minimal and will not detract from the character of the neighborhood. 3. This variance would allow a reasonable use of Lot One. Denying the I ariance would create lots on McMenemy Street that would be larger than and not line up with the new lots on Edgemont Street. Seconded by Councilmember Carlson Ayes - all i Mayor Bastian moved approval of the preliminary plat subject to the following conditions: a. The City Engineer approving final grading, utility, drainage, erosion control and street plans. The drainage and utility plans shall include a five - foot - high, vinyl -clad chain -link fence at the high water mark around the pond in Lots 10 and 11 unless a slope /grade change is approved which is consistent with City policy. b. The Director of Community Development approving a tree plan, based on the City's environmental protection ordinance. The Director must approve this plan before the developer does any more grading or the City approves the final plat. The developer will install a temporary fence (snow fence) at the outside edge of the crowns of the oak trees on Lot 11 and no grading will be allowed inside the fence. The fence will remain in place until Lot 11 has been built on and an occupancy is accomplished. c . Show drainage and utility easements along all property lines.. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. d. The developer shall sign an agreement with the City which guarantees that the developer will complete all public improvements and meet all City requirements. e. Increase the easement width between Lots 1 and 2 and Lots 9 and 10 from 15 to 30 feet. f. Change the name of Edgemont Street to Edgemont Street North. g. Remove the shed on Lot 10. Seconded by Councilmember Carlson Ayes - all 3. 7:30 p.m. (89930 p.m.), Conditional Use Permit Review Process Ordinance (2nd Reading -4 Votes) a. Mayor Bastian convened the meeting for a public hearing regarding a change in the Ordinance governing Conditional Use Permit Reviews, 8 5 -11 -92 It', b.. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. No one appeared. e. Mayor Bastian closed the public hearing. f. Councilmember Zappa introduced the following Ordinance and moved its adoption: ORDINANCE NO. 702 AN ORDINANCE CLARIFYING THE REVIEW OF CONDITIONAL USE PERMITS The Maplewood City Council approves the following Ordinance: Section 1. Section 36 -446 (b) (b) The City Council may review a permit at any time. If the Council decides to consider adding, dropping or changing conditions, the Council shall follow the procedures in Section 36 -441 for approving a new permit. The Council shall not change conditions unless the conditional use no longer meets one of the standards in Section 36 -442 for approving a new permit. Section 2. This ordinance shall take effect upon its passage. Seconded by Councilmember Rossbach Ayes all 4. 7:40 p.m. (8:34 p.m.), Animal Kennel License: Hustings a. Mayor Bastian convened the meeting for a public hearing regarding a request for a kennel license for Barbara K. Hustings, 1647 Brooks Avenue. b. Manager McGuire presented the staff report. c. Director of Public Safety Collins presented the specifics of the report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: The resident of 1646 Brooks sent a letter in favor of the license. Barbara K. Hustings, 1647 Brooks, the applicant e. Mayor Bastian closed the public hearing. f. Councilmember Carlson moved to approve the kennel license for Barbara K. Hustings with the following conditions: 9 5 -11 -92 I. Personal use .only 2o Maximum of three dogs at any one time 3. Must provide indoor housing i f barking becomes a problem in the neighborhood. Seconded by Councilmember Juker Ayes - all H. AWARD OF BIDS 1. Highwood /McKnight Outlet, Project 90 -10 a. Manager McGuire .presented the staff report. b.. Director of Public Works Haider presented the specifics of the report. C. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson introduced the following Resolution and moved its adoption: 92 - 05 46 AWARD Of BIDS - PROJECT 90 -10 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of C. W. Houle, Inc. in the amount of $476,925.95 is the lowest responsible bid for the construction of Highwood- McKnight Outlet, City Project 90 -10, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. FURTHERMORE, the project budget is amended to $914,000.00, and the project financing is amended as follows: Special Assessments $304 Cash Payment from Gonyea 57 Payment from Ramsey County 20 General Obligation 531.800 TOTAL FINANCING $914,000 Seconded by Councilmember Carlson Ayes all I. UNFINISHED BUSINESS Councilmember Carlson moved to table Item I -1. Conditional. Use Permit: Demont Ave. (Kavanagh) until after I -2. Seconded by Councilmember Rossbach Ayes - all 10 5 -11 -92 1 2. Street Vacation: Demont Ave. a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: David Bush, Representing the Wessins d. Mayor Bastian introduced the following Resolution and moved its ado ti on: 92 - 05 - 47 STREET VACATION - DEMONT AVENUE WHEREAS, William and Judy Burns applied for the vacation of the following - described street: The North 30 feet of the West 128.46 feet of the East 158.46 feet of Demont Avenue lying west of Bittersweet lane in Section 10, Township 29, Range 22. WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this street signed a petition for this vacation; 29 The Planning Commission discussed t h i s vacation on October 21, 1991. They recommended that the City Council approve this vacation. 3. The City Council held a public hearing on November 14, 1991. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. ,WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties. Lot 16, Block 4, Crestmoore Addition (PIN 10- 29 -22 -11 -0041) NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacation for the following reasons: 1. It is in the public interest. 2. The City does not need this right -of -way. 3. The adjoining properties have adequate street access. Seconded by Councilmember Carlson Ayes - all 11 5 -11 -92 1. Conditional Use Permit: Demont Ave. (Kavanagh) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Councilmember Juker moved to approve the Conditional Use Permi „t for variance. Seconded by Councilmember Rossbach Councilmember Rossbach withdrew his second. Motion died for lack of a second. d. Councilmember Zappa moved to refer the 33 ft, easement back to the Planning Commission with the _stipulation that Wessi n allow access to Lot A. Councilmember Zappa withdrew his motion. e. Councilmember Carlson introduced the following Resolution and moved its adoption with the condition of a deed restriction l i m i t i n g the number of dwellings to 1. 92 -05 -48 CONDITIONAL USE PERMIT (Bittersweet Lane Drive) WHEREAS, John Kavanagh applied for a conditional use permit. This permit would allow him to build a house on an outl of that is not adjacent to a maintained public street. WHEREAS, this permit applies to Outlot A of the Seasons Park Addition. WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on September 3, 1991. They recommended that the City Council approve this permit with a driveway to Flandrau Street. 2. The City Council held a public hearing on September 23, 1991. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit for the following reasons: 12 5 -11 -92 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 30. The use would not depreciate property values. 4. The use would not involve any activity, process, - materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,.water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 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. This permit is subject to the property owner completing the following conditions: 1. Constructing a paved driveway over Demont Avenue to Bittersweet Lane. This driveway shall be at least twelve feet wide. 2. Signing an agreement with the City. This agreement shall state that the owner shall maintain this driveway and hold the City harmless for any claims or liability for the use of the driveway. This agreement shall also allow adjacent property owners to use this driveway, if the City approves of this use. The City intends to .require a maintenance agreement as a condition of any such approval. 3. Obtaining the approval of the City Engineer for the location and design of this driveway. The Engineer shall allow enough room on the north side of the right -of -way for a future eight-foot-wide trail. 4. The property owner shall have a deed restriction filed against t h i s lot that prohibits more than one house. 13 5 -11 -92 Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmember Juker Abstain - Councilmember. Zappa 3. 2194 VanDyke Street (Launderville) Home Occupation License Conditional Use Permit a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Ron Launderville, 2194 VanDyke, introduced his representative, Paris Getty, Attorney, who stated that Condition #4 would be completed within 2 - 3 weeks. d. Councilmember Rossbach moved approval of the staff recommendation review this conditional use permit and home occupation license on June 8. 1992. Seconded by Councilmember Zappa Ayes - all J. NEW BUSINESS 1. I- 494 /Lake Road Interchange a Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding t h i s matter. The following was heard. Abby Grundfeldt,.area resident, voiced her concerns about the traffic noise. d. Councilmember Zappa moved to direct staff to prepare letter to MnDOT, to be placed on the 5 -28 Consent Aqenda, i nformi ng them of the Maplewood . City Council's concerns regarding the I -494 /Lake Road Interchange. Seconded by Councilmember Rossbach Ayes - all Mayor Bastian moved to table J -2 and J -3 until after J -4 and J -5. Seconded by Councilmember Zappa Ayes - all 14 5 -11 -92 Mayor Bastian moved to waive the Rules. of Procedure to continue the meeting to the. end of the Agenda. Seconded by Councilmember Zappa 4. Gambling Permit: Spartan Wrestling Ayes - Mayor Bastian, Councilmembers Rossbach, Zappa Nays - Councilmembers Carlson, Juker a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Zappa moved to deny the gambling_ permit request by Minnesota /USA Wrestling._ Seconded by Councilmember Rossbach Ayes - all 5. Brenda Whyte: CWWMI 90 -07 a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to direct staff to further investigate the assessment notification laws and procedure, and report back at the May 28 Council Meeting_ Seconded by Councilmember Carlson Ayes - all 2. Ramsey County Shoulder Paving Agreements a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to authoriz_,ntering into an agreement with Ramsey County for work on Roselawn Avenue and Sterling Street. Seconded by Mayor Bastian Ayes - all 3. Computer Assisted Dispatch System a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. 15 5 -11 -92 c. Councilmember Zappa moved to table this item. Motion died for lack of a second. d. Councilmember Carlson moved to authorize transfer of $83.000 from the Unappropriated Fund balance of the General. Fund to allow continuing implementation of the Computer Aided Dispatching system. Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 6. Establish Re- assessment Hearing Date: CWWMMI 90 -07 a. Manager McGuire presented the staff report. b. Mayor Bastian introduced the following Resolution and moved adoption: 92 - 05 - 48 RE- ASSESSMENT HEARING - PROJECT 90 -07 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of City Wide Water .Main Improvements, City Project 90 -07, and the said assessment is on f i l e in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEW00D, MINNESOTA: 1. A hearing shall be held on the 8th day of June, 1992, at the City Hall at 7:00 P. M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Zappa Ayes - all 16 5 -11 -92 7. Ambulance Bill - Application for Cancellation (Moved from Consent Agenda) a. Councilmember Juker moved to table this application until after July 1, 1992, to attempt collection when disability benefit funding has been indicated. Seconded by Councilmember Zappa Ayes - Councilmembers Juker, Zappa Nays - Mayor Bastian, Councilmembers Carlson, Rossbach Motion Failed b. Councilmember Rossbach moved to cancel the ambulance bill. Seconded by Councilmember Carlson K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. Americans With Disabilities Act Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker a. Mayor Bastian asked if the City has an ADA representative. b. Staff reported the City is in the process of establishing an ADA Commission to re- evaluate City buildings. 2. Bike Path a. Mayor Bastian stated he was recently on the bike path and saw someone rollerblading with ski poles, which were digging holes in th-e path surface. b. Mayor Bastian moved to have staff look at the possibility of outlawing ski Doles with spikes _ an d to _investigate requlatinq bike oath use. Seconded by Councilmember Zappa Ayes - all M. ADMINISTRATIVE PRESENTATIONS 1. Meetings a. City Manager McGuire provided a list of meeting dates to be established. b. Mayor Bastian moved to establish meeting dates as follows: 5 -13 -92 Community Center Architect 5 -14 -92 Open House 6- 2 -92 Mayor's Forum - Comprehensive Land Use Plan 6:00 P.M. 6- 3 -92 3 -M 8 :00 A.M. (June 1 meeting rescheduled) Seconded by Councilmember Zappa 17 Ayes - all 5 -11 -92 N. ADJOURNMENT OF MEETING Meeting was adjourned at 11:26 P.M. 18 Lucille E. Aurelius City Clerk 5 -11 -92 COUNCII.,/MANAGER. MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 4:30 p.m., Wednesday, May 13, 1992 Maplewood Room, City Hall MINUTES A. CALL TO ORDER The Council/Manager meeting of the Maplewood City Council was held in the Maplewood Room, City Hall. The meeting was called to order by Mayor Bastian at 4:34 p.m. B. ROLL CALL Mayor Gary Bastian Councilperson Dale Carlson Councilperson Fran Juker Councilperson George Rossbach Councilperson Joseph Zappa Present Present (Arrived at 5:43 p.m.) Present Present Present (Arrived at 4:37 p.m.) CS APPROVAL OF AGENDA The following items were added to the agenda: E. OTHER BUSINESS 1. Roll Call Councilperson. Juker moved that the agenda be approved as amended. The motion was seconded by Mayor . Bastian and was approved. Ayes: Bastian, Juker and Rossbach Absent: Carlson and Zappa D. AKR PRESENTATION 1. List of Components and Size Architects Fred Richter, Duane Kell and Marianne Repp distributed material which listed the components, square footage, construction cost, operating revenue, program operating expenses, and fixed operating expenses. 1 Mr. Richter stated that the list of components and the square footages were based on the Council's original list, the Community Center Advisory Committee's input, and testimony heard from residents at the public forum in April. 2. Project Cost Estimate Mr. Richter reviewed the estimated total construction cost and stated that AKR would like a consensus from the Council that the "paper design" as presented is the list with which AKR should proceed in the next design phase. 3. Site Information Architects Richter and Kell reviewed the information about the site including soils analysis and location of the building. The architects stated that the better soils for construction are located on the north side of the site. City Manager McGuire noted that the Council had previously authorized staff to negotiate with the property owners on the north side of the site, and those negotiations' are still on- going. 4. Discussion and Comments Parks & Recreation Director Robert Odegard reported on the community's need for additional gymnasium space, .and he suggested that more than two gyms be included in the design. There was more discussion about adding components in the future and possibly satellite centers in other parts of the City. The architects left the meeting at 6:27 p.m. E. OTHER BUSINESS 1. Roll Call Councilperson Juker asked the Council for their thoughts about rotating the responsibility amongst the Council members to handle the roll call vote. Following some discussion, it was the consensus of the Council that the Council policy about voting procedures would be reviewed. F. ADJOURNMENT The meeting was adjourned at 6:35 p.m. 2 AGENDA NO. F -1 AGENDA REPORT Action by Council:] TO: City Manager Endors e cL..,�..._._, FROM: Finance Director �'= Modii e ,.- ......,.,� Rejecte RE: APPROVAL OF CLAIM Date DATE: May 18, 1992 It is recommended that the Council approve payment of the following claims: ACCOUNTS P AYABLE: $ 120, 396.80 Checks # 23001 thru # 23307 Dated 5 -1 -92 thru 5 -7 -92 $ 107, 604.47 Checks # 17077 thru # 17215 Dated 5 -28 -92 $ 228,001.27 Total per attached voucher /check register PA YROLL: $ 198 Payroll Checks # 26431 thru # 26595 dated 5 -8 -92 $ 40.665.23 Payroll Deduction checks # 26600 thru # 26615 dated 5 -8 -92 $ 238,831.66 Total Payroll 466 832.93 GRAND TOTAL Attached is a detailed listing of these claims. lz Attachments FINANCWAPPRCLMS.AGN 404 VOUCHREG FA TE-TR­'A5QRSR' ...... LT ­C­ F EES'-*-- P-W-7 7 E, 0804Z5 CITY Or MAPLEWOOD BLOOMINGTON, CITY OF PAGE 1 so 05/15/92 14:37 50.00 jt VOUCHER/CHECK REGISTER 1% .541400. 05/04/92 M I V N W.:,. ST AT E T . : . c MOTOR VEH L I FEES PAY 77 77777 P J 0 D`­__0 5 , 31 16 25 2 71 7 r'( 0 1 9'0 1 5 1 OK JV ' Z -­­ C 7 K p j nL7 U R-ER—c T r ► 1.2,0 50 05/01/92 F�4 2 531650 05/04/92 METRO 3 VOUCHER./' SAC PAYABLE 24,500.00 . _ T 10­1 _0 0- D/ 0 1/.• 21"- 18 C ONTRA CT __ 4 C-F[E-CK-----YENffOR-­- --r--HEZFc —V-E'N D 0 R_ I-TEM 23010 �c 0 5 0 1-5 9 2 5 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 28 29 6 -4'7*q"-- __7A r. IN —.--C :Ru: ­S'U T_."S'CR­I PT­1­O'_N'S'_­,&f____M E M B E R S H­_____ 4 9 Ze.007. Z903M 05/051/9Z DAN I D F RE4C,H::, JUDGEMENTS LOSSES 000 .0 00 21000.00 E L55-0: CHANGE FOR AUCTION 9 Z30OZ 10 1?30 05/04/ 92 B'Q T T 0 N WORKS PROGRAM SUPPLIES , eD5w 00 10 2 3 0 0 3 110460 05/04/92 CAREER TR ACK INC. TRAVEL TRAINING 79.00 79.00 04 13 -n3 airJ-4-7 5W14 O�U— FA TE-TR­'A5QRSR' ...... LT ­C­ F EES'-*-- P-W-7 7 E, 0804Z5 0 BLOOMINGTON, CITY OF 14 so 50.00 50.00 jt 24 15 23005 .541400. 05/04/92 M I V N W.:,. ST AT E T . : . c MOTOR VEH L I FEES PAY 2 1 739 89 19 • 21,739.89 , 31 16 25 -1 J 71 7 r'( 0 1 9'0 1 5 1 OK JV ' Z -­­ C 7 K p j nL7 U R-ER—c T r ► 1.2,0 50 05/01/92 F�4 17 23006 531650 05/04/92 METRO WASTE CONTROL COMMISSN SAC PAYABLE 24,500.00 . _ T 10­1 _0 0- D/ 0 1/.• 21"- 18 C ONTRA CT __ SAC RETAINER 245.00- 27 23010 19 0 5 0 1-5 9 2 MINN $;T A T E T RE A S U R E R -' M 1 A NE S 7 SCELL _ 9) �, . 0 0­ 8Z9.00 la 28 29 2 3 011 541400 05/05/92 i zt M 0 T O_R VEH LIC FEES Ze.007. Z903M 05/051/9Z DAN I D F RE4C,H::, JUDGEMENTS LOSSES 000 .0 00 21000.00 04 22 23 23008 0804Z5 05/05/9Z BLOOMINGTON, CITY OF TRAVEL TRAINING so 50.00 50.00 jt 24 -- 51 1 299 8 42 ..05/01/9*7 '550� STATE OF MINN.DEPT....OF. LABOR , 31 364.00 25 -1 J 71 7 r'( 0 1 9'0 1 5 1 OK JV ' Z -­­ C 7 K p j nL7 U R-ER—c T r ► 1.2,0 50 05/01/92 4, U 33 f WA 26 54 b 5 . _ T 10­1 _0 0- D/ 0 1/.• 21"- P E AT-' M A-R W C K N-­­­_­.­_­­­ C ONTRA CT __ 3 , qo 27 23010 0 5 0 1-5 9 2 MINN $;T A T E T RE A S U R E R STATE DRIVERS L FEES PAY* 8Z9.00 8Z9.00 la 28 29 2 3 011 541400 05/05/92 MINN. STATE TREASURER M 0 T O_R VEH LIC FEES PAYABLE 15,830.50 15,880.50 :36 30 31 e_ -64 0-',-:v.O 07— Z-71-N 3 E L55-0: CHANGE FOR AUCTION .0 141 32 33a 2:301-4. 661750 05/06/9Z NORTHFIRWr STATE.... P,L • W ER �UT Im T I ES 34 35 UTILITIES 2.91 36 UTILITIES z 91 37 38. UTILITIE S .30 .54 3 9 UTILITIES 929.87 3,578.80 l 40 23015 860730 05/06/92 TAYLOR FALLS RECREATION AREA ADULT TRIP ON 5-7-92 2 18 50 218.50 � , 42 43 �-L:E�A­G-UE�-.. R. -CTTI-�. . . ............. "25'a' 00 4 il 4 5: 0 17 5 4 1 0 0 0!� / 0.692 14 I L NNO STATE TREAS:URER: MOTOR VEH LIC FEES PAY Z0 Z0 i,A 4 1 471 21 .3 0 18 541400 05/06/92 MINN. STATE TREASURER STATE DRIVERS LIC FEES 652.50 1 652.50 16.1 04 49 4 41 _c _RS'­_L-1­C­'-FEES­" PAS' c 144'0 so 51 1 299 8 42 ..05/01/9*7 '550� STATE OF MINN.DEPT....OF. LABOR OSHA PENALTY 364.00 364.00 -1 J 53 2 2.'3 0 0 1.2,0 50 05/01/92 CELLULAR ONE SALES & SERVICE TELEPHONE 10-25 10.215 � �u 71 54 b 5 . _ T 10­1 _0 0- D/ 0 1/.• 21"- P E AT-' M A-R W C K N-­­­_­.­_­­­ C ONTRA CT __ , qo 56 CONTRACT 2 39-195.00 174 • 04 U.J MAINTENANCE MATERIAL 1 022:: 80 60 VOUCHREG 61 17078 020400 05/28/92 AIRSIGNAL, INC. CITY OF MAPLEWOOD 62.12 PAGE 2 PAGER SVC FOR MAY 05/15/9Z 14:33 VOUCHER/CHECK REGISTER 65 , MONTHLY MAINT BLS C Or_i R VO ICE p . Z 0 MONTHLKU SVC CHG 66 loo t .7 sa 17079 020825 05/28/?4 ALL RITE ELECTRIC COMPANY REPAIRS MTNCE EQUIP* = !.'.00 2 ­-02-1. YOF- AM E-R-I-C-Al%[--'-F-A',Oj-TE-N-ER-- 72 73 2 3 VOUCHER/ 3 4 4 E N D 0 R .. ............... ... 5 5 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 6 7 6 7 3 23 3 0 Z ---0'57'" 7-9rZ L-Et LULAR- n-NE S Lb I Z 0 T -A L. SERV 'ELEPHrJNL !738. 1 10 9 3 -31 0 3 i20350 .. . .... 05/01/92: CELLULAR ONE SALES SERVICE TELEPHONE. 4 42x 10 11 12 .. . . ........ Zf _33 0 4 540860 05/01/92 MINN DEPT OF NATURAL RESOURCES DNR LICENSE FEES PAY 160.00 160.00 .14 13 4 0 6 0----ri 5-tO 119 Z MINN DEPt OF NAIURAL RESOURCES -DW- L I C NS F ES fj A Y A L.-E, E 488li luu -4 BE TUC 17 14 , Z '23 3 0 6 1.541400 01-5/0i/92 MINN* TREASURER MOTOR VEIH LIC. PEES PAY 9 7 81 - 8 22 978'87�:: 15 . . . . . . . . ... . . . . . . . . . . 20 16 21 17 ;l 32.1 0 T 541400 05/01/9Z MINN, STATE TREASURER STATE DRIVERS LIC FEES 993.00 993.00 22 23 24 25 6 8 TZZZ170 o", 10 ill 9z FUIRLIC':'. EMPLOYEE L I F E.. 7 1 Iq S U-R A N C E 7 F A.Y. , :U( 25 20 :PAYABLE: 26 27 21 25,69-9 7 i-0200 05/01/92 PECK DENNIS SALARIES . . 04D N .* .- 703 Z6 28 221 . . . . .... . . .. ... - 29 25700 89 8420 05/01/92 STATE OF MINNESOTA SUPPLIES-EQUIPMENT 1 0 0 15.00 30 U.J MAINTENANCE MATERIAL 1 022:: 80 60 75 17081 021425 05/28/92 AMERICAN PLANNING ASSOCIAT10N SUBSCRIPTIONS. MEW, or �7 6 ....... . .. ........ ......... 61 17078 020400 05/28/92 AIRSIGNAL, INC. PAGER AIR TIME 62.12 62 PAGER SVC FOR MAY 4.29 63 64 65 , MONTHLY MAINT BLS C Or_i R VO ICE p . Z 0 MONTHLKU SVC CHG 66 loo t .7 sa 17079 020825 05/28/?4 ALL RITE ELECTRIC COMPANY REPAIRS MTNCE EQUIP* = !.'.00 69 98.00 70 71 ­-02-1. YOF- AM E-R-I-C-Al%[--'-F-A',Oj-TE-N-ER-- 72 73 75 17081 021425 05/28/92 AMERICAN PLANNING ASSOCIAT10N SUBSCRIPTIONS. MEW, or �7 6 ....... . .. ........ ......... 14C — ------ 141 ---'T 4 11 _T 4 T '810 `7777: UP P" E S E QU 8 - tl '! 5q - 7 7 0 5'1- Z-S'/ 19— 7­=' 7777777777' 31 P ME N 1 :bde 32 -771-T-0 - —'"1 278 _CK S c_a"A*qy____ � _s LtPPL-TES OF T CE 33 6 011.5 4 . i . . ..:o:. -70 081300 (Z8197 RUC K P.A D 0, Y E R. �R T* a SUPPLIU-YEHICLE 86 8 Z 86 4:] 44 34 :35 MAINTENANCE MATERIAL 17092 090568 05/28/92 BRAUER ASSOCIATES FEES-CONSULTING 8 4b 8 1 814.62 4t) 4 7 36 77'777777-- 1 ­ 0 - 4 S M-AtX--_TO'rJL'S- 48 _Z u 49 38 47 48 49 17097 NO SMOKING SIGNS' �, 2- 4 0 CAREER TRACK INC. TRAVEL & TRAINING 39.00 ... ...... . 77777 39 63 64 SMALL TOOLS 102.00 94.86 1 40 CARLE :JEANETTE VEHICLE ALLOWANCE .,z 8 8 22.88 52 ;41 1 11 b2 17094 101910 05/28/9Z BUTTERWORTH BOOKS 5 T 53 5 2 54 7 43 -771-T-0 - —'"1 278 _CK S c_a"A*qy____ � _s LtPPL-TES OF T CE 6 44 1 17096 1 10+25 CAPI SUPPLY c 0 MAINTENANCE MATERIAL 2.94. Ji 46 M-rlSj-C`ELL­ANE-0-U S DXM­0DI T IES _Z u ZTT-0-94--- 6 1 47 48 49 17097 110460 05/28/92 CAREER TRACK INC. TRAVEL & TRAINING 39.00 ... ...... . 77777 39.00 63 64 5u 51 17098 110470 0!5/Z8/?Z CARLE :JEANETTE VEHICLE ALLOWANCE .,z 8 8 22.88 65 66 f 671 b2 D-I C r ROTET-TTON–lo"'ERVTC t S 3 153 WORK COMP 4-8-92 375.00 730.00 701 Z­"' CE NT ER- FOR­: E*,P%%f'ERC t-S'E7'l8.'-­- HEALTH ­­7 F I TN:ES'S-"­CEN T°ER7 72 3 56 FITNESS CENTER 54 00 74 57 F. I T N E SSS, CENTER 54.00 A% 14 i 90 i Z10 VOUCHREG :7 Ir .6 CITY OF MAPLEWOOD 05/.78/9z EAST: SIDE CARQUEST PAGE 4 3 05/15/92 14:3T lien 7 0 -Z VOUCHER/CHECK REGISTER uW 17111 181857 05/28/92 DAVIS LOCK SAFE SUPPLIES-EQUIPMENT 22.19 -SVP`PL-I-ES­ 'WIP14EN ro-- o-5 ------ f'R7 .PE Rr 39.92 162.25 S U P P L I E S EQUIPMENT. 2 16 XT U P . -UTEL glac S MAINTENANCE MATERIAL . ... ....... ....... ............ . MISC. SUPPLIES 2 3 39.40 VOUCHER/ EVER GREEN LAWNS 105.00 105.00 - . . .. ..... t-44E CX­­ . ....... . . ..... ... VEND 5 6 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 7 -FI-T N E SS -C-EN I E R T) fi FITNESS CENTER 108.00 9 FITNESS CENTER 5 00: II In El A 13 11 14 1 17101 0 14205 05/28/92 CLEAN STEP RUGS CLEANING 0 F RUGS .5 3590 :23 . 9 0 , 13 14 IT102. 1402tO . /28/9? 05 GLEA MAT CLEAN-MATIC. 3T5 00 .3T5., 00 1 7 In 16 12 a q m z ca Lzi as nrclKiL L t 18% 4 20 17 22 23 18 17104 151` 0*0 05/28/92 COMMUNICATIONS MAGAZINE SUBSCRIPTIONS MEM 29.00 29.00 24 19 20 21 i 7105 152 100. 05 /28/92 CONTrI.NENTAL SAFETY 'EQUIPMENT ONTIrNEN T Y TAL SAF� r:.. QUIPM NfV 0 Z Z ... 2 8 0 Z 2 . �5 26 27 28 al.5 17tr*f- Nc .. .. ........ IEMP P L 1 P M tN T .......... 22 23 SUPPLIES EQUIPMENT 45.53 30 31 24 SUPPLIES OFFICE 65.57 32 25 - 7 7. T 7 X I R: 1 N T ..EQU.ir.!,r:�:�:­ 4': & f 33 26 wd 3 4 35 27 IT01 . 0 05/ 8/92r 8 1000 C URT I S SUPPLI OFF I Ct- . I.:. , . r . Ir � :. . r 3 v .... ......... . ...... I 36 28 29, 17108 180110 05/28/92 D. C. A. DENTAL CLAIMS 2 2 37 .38 ­ d 14 i 90 i Z10 bUFFLihb h 1.4 U L F M t N 1 :7 Ir .6 R EPAI R :MA N T rlLD G: GROUNDS:� 05/.78/9z EAST: SIDE CARQUEST 41, 49 3 lien 7 0 -Z 6 uW 17111 181857 05/28/92 DAVIS LOCK SAFE SUPPLIES-EQUIPMENT 22.19 -SVP`PL-I-ES­ 'WIP14EN SUPPLIES-VEHICLE 39.92 162.25 S U P P L I E S EQUIPMENT. ­ 10, 16 XT U P . -UTEL glac S MAINTENANCE MATERIAL . ... ....... ....... ............ . MISC. SUPPLIES 9.95 39.40 14 i 90 i Z10 377Z _uE_ML-U_ F RUfj K A M ZjUFFLI t 5 17114 230675 05/.78/9z EAST: SIDE CARQUEST SUPPLIES: VEHICLE S. lk SU P 6 SUPPLIES VEHICLE 151 :56 SUPPLIES-VEHICLE 39.92 162.25 17 11 2 5 0 3. 0 0 05/28/92 EULLS MFG. CO. MAINT5NANCE MATE: 58:o 00: MAINTENANCE MATERIAL . ... ....... ....... ............ . 1 58- 11 00 1 6 00 17116 250360 05/28/92 EVERGREEN LAWNS EVER GREEN LAWNS 105.00 105.00 -3 v 55� 'E PATR-7141�1 N­T-- n3-D-G- vo. 15 571 I17'115 260901 0 92 5/28/ RACHEL FIRM PROGRAM REGISTRATION.FES, .10.00 1 0 « 0 0 16 . . ..... . ....... ... ..... ....... . . ....... - - - - - - - .................. 17121 320200 05/28/92 GRACE DUANE INSPECTION BLDG. 361.00 361.00 7-6 241 Z90 5.714ZIS191 16 v 17 19 UP-P'LTES -'EQFUl-Fl4ENT—'— 251 20 2 c UP E Q U I P M E N T 9 0 .0 16 25.01 21 27 --PRGG R A M R 28 221 1 1 Z .3 3406 00' 0 01 8 . 9 2 RIO S A L 1 E G (JT lml R I E G I IS T N F EE 4 'XO _61 24 1 7 124 3 3 04 r 0 . 1 05/28/9 - HARRI - GAN, JERR Y 25 VOUCHREG CITY OF MAPLEWOOD 10.00 1ju 3 , PAGE 5 H 26 ?3 4 0.11 to 0.5 Z+ 81, 2 E j N y R E N TAL S iC SUNNY OUTF I T 77 30 0 0� 05/15/92 14:37 VOUCHER/CHECK REGISTER 27 . H E. J N Y ,�� 35 7 CQ TS* ElqTkt erruTF - 0 36 � 29 OUTSIDE RENTAL-EQUIPMENT 70.00 37 38 lie :30 OUTSIDE RENTAL EQUIPMENT 2 3 V OU C. HER:,/ 131 7777777 -EqN, L"--EO tj'17 PM E-NT­--------­ ' R T A 40 3 4 • H E-C­F7____vE`N'VOTZ� ClfEt I\"-- V_EN 0 ITEM--: 71TE-K _C­ 4 5 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT H E P'.- AMOUNT 6 6 7 - cl 0 -31 - 5.m '0 - _ _ M V gr-- 8 9 8 UNI FORMS & CLOTH I NG 76 0 10 9 UNIFORMS CLOTH ING 78 6 0 10 U N TF -0 RM-S-I.K�- U "--H 145 12 113 11 UNIFORMS & CLOTHING 17-51 14 12 U NIFORMS & CLOTH 62.09 15 13 :lm 7, p p., -U' 'T FO R' M- 7&--'C'L'0'T .77 Aw 17 1 4 1 5 0 Z 9 00 3o 0 5 GLENm N OL, E N W10 0 D. I Q 0 D W ATER C O 0 LER 4 4 8 Z 15 17121 320200 05/28/92 GRACE DUANE INSPECTION BLDG. 361.00 361.00 7-6 241 Z90 5.714ZIS191 16 v 17 19 UP-P'LTES -'EQFUl-Fl4ENT—'— 251 20 2 c UP E Q U I P M E N T 9 0 .0 16 25.01 21 27 --PRGG R A M R 28 221 1 1 Z .3 3406 00' 0 01 8 . 9 2 RIO S A L 1 E G (JT lml R I E G I IS T N F EE 4 'XO _61 24 1 7 124 3 3 04 r 0 . 1 05/28/9 - HARRI - GAN, JERR Y 25 PROGRAM REGIST RATION FEES 10 .00 10.00 1ju 3 , 0 H 26 ?3 4 0.11 to 0.5 Z+ 81, 2 E j N y R E N TAL S iC SUNNY OUTF I T 77 30 0 0� 33 34 27 . H E. J N Y Z30 0 0 35 28 CQ TS* ElqTkt erruTF - 0 36 � 29 OUTSIDE RENTAL-EQUIPMENT 70.00 37 38 lie :30 OUTSIDE RENTAL EQUIPMENT 230 80 39, 131 7777777 -EqN, L"--EO tj'17 PM E-NT­--------­ ' R T A 40 17128 380201 05/28/92 lCMA CONFERENCE REGISTRATION BOOKS 72.00 43 44 3 9 19 10 0 .5 Z 8 9 Z' I SH BR UCE A TRAVE NJ N G 4 L "1 —4-0-ff. -___j E-k TEMPO Rm E KIV I Ll t 3. 4 U 4 WAt TEMP4 :384. 00 -t­^­ -Ilk - t ANNUA n Rl IF BOOKS 54 I* 72.00 55 56 57 120.00 58 1 601 1611 768 ` 1 if; 'I 1 0 7 41 4 4 F r 4 rl rx A 11 v -0­0 bu 17 1 13 z 4.01 900 :Z 1 2 JOLLY T Y M E FAV+.ORS ��HELWM DALLONS. FORr PROGRAMSr Z 8 0 0 Z8000 rig lKi 17133 410400 05/28/92 KATH HEATING SMALL TOOLS 5.00 SUPPLIES EQUIPMENT 13.00 !,6 1713 .410450 D5 /28 92 KELSEY, CONNIE MAINTENANCE MATERIAL 8 :3 Z fu 18.00 13 0 MEZI VOUCHREG CITY OF MAPLEWOOD �. b c75/ 15/ 14.'7 V�::�UCHER /CHECF� REGISTER I . � .. I I . I � I . I I . . . . I 1F R 1. . to . 2 . . I I . ( � . I . I . - . 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I." r . 6 . 6 _._.._.._..-.-.__-:----.___-._y-_-....--.___._.._._. .1 6 1 6 _ . TOTAL CHECKS 225, 001 .27 VOUCHREG CITY OF MAPLEWOOD PAGE 9 05/ 15/92 14:37 VOUCHER/CHECK REGISTER 2 3 3 VOUCHER/ n C V E IV D OR E F �1 E C K"-"'- . ..... r..r[':E. _ _. x _._ HE C4(_-----__" r 5 DUMBER NUMBER DATE NAME DESCRIPTION* AMOUNT AMOUNT 6 7 6 8 05/i.8/` ` 10 9 171' 4 O6GDOt� 2 .A. SCHIFSKY SONS , INC MAINT MATERIAL 1 •. 51 0 1 fi7dt �IFa: __: y4 --12 t1 1s � 12 17195 860100 05/Z8/92 T.J. AUTO PARTS SUPPLIES—VEHICLE � iD9.Di 1D?.C1 ,s 13 : 17 M 14 15 17196 8r,��,�.50 U5/.w►9/�� "f. +G. R A ,, ,, � � _ SU 'SCRIR TIONS 1 ::M8MLERtSH1PS: 5t,i DD 5D.(.1 1 18 19 16 T I"1 % l�r. � s .� . . T — stq T J 1 l � i A 3,".t UP P ,. ,�y _ �,y. r .. 20 17 21 22 � 18 17198 860318 05/28/92 TMS INC SUPPLIES—EQUIPMENT 32 cep 32 00 23 24 9 20 21 171 . �y .�+ J . �«+ I 7 w'. T r R a r fil S.JUPPLY C0 _ � z REPAIR .. MMMT/EQUIF'ME�IT ::' S«c •':.Ir 38.00 25 76 27 22 } r► ry J. t �. 1.+ iG� f� i �r} .-..yrs �w �►�r �r� �w ". / �:. �? / 1 G y trJ i :.� fl ti.• �y +� .� a �► ` e1 tJ f 1 Sir C �.1� !.J - �G !M T� •. .moi ` r eJ • .. .. 28 29 23 PROGRAM SUPPLIES 42.00 74.83 '30 31 2 n r 3 19.,6v, 32 33 26 34 27 17;.D� 871.2 r•• 0!5/ZS/92 it TOOMEYy :SHERRY PROGRAM. RE�I�TRA�"ION EEE 1��.40 i' � � to #00 15 36 28 ?9 17203 880750 05/ 28/92 TROY CHEMICAL INDUSTRIES SUPPLIES JANITORIAL 1202:.62 122.6 37 :38 TOTAL CHECKS 225, 001 .27 �� �� ' `~'` ''~. �~'.`~.,' '''. ' �'`~~~ ` u o */ 0026432 05/08/92 �DALE CARLSON m , e 0026435 05/08�92 FRANCES L JUKER ,� �� L= � � 0026447 05�08/92 �EBORAH DEHN �� — �1 0026450 05/08/92 DELORES A VIGNAL8 � =J zi CITY OF MAPLEWOOD 0002 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD 0026465 05/08/92 CAROLE L RICHIE 05 081 92—� JOANNE.M:.-:SVENDSEN 'Ir PF 0026468 05/08/92 CAROL F MARTINSON IL I 0026471 05/08/92 VERNON T STILL 0026474 05/08/92 SCOTT L STEFFEN 0026477 05/08/92 JOHN C BOHL 0026480 05/08/92 JOHN H ATCHISOW 0026483 05/08/92 KEVIN RABBETT 551 4mk 561.. ......... I aj 256. 82 1,1522.99 1o942.18 1 aj 706* 06 1,1546,87 I OR 5 0026459 05/08/92 PATRICIA A HENSLEY 657,r90 61 0 045' 101 11 0026462 05/08/92 SANDRA OLSON 758a39 0026465 05/08/92 CAROLE L RICHIE 05 081 92—� JOANNE.M:.-:SVENDSEN 'Ir PF 0026468 05/08/92 CAROL F MARTINSON IL I 0026471 05/08/92 VERNON T STILL 0026474 05/08/92 SCOTT L STEFFEN 0026477 05/08/92 JOHN C BOHL 0026480 05/08/92 JOHN H ATCHISOW 0026483 05/08/92 KEVIN RABBETT 551 4mk 561.. ......... I aj 256. 82 1,1522.99 1o942.18 1 aj 706* 06 1,1546,87 wp' CITY OF MAPLEWOOD 0003 MICHAEL RYAN EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS 1121 FOR THE CURRENT PAY PERIOD 113 t, .,:,:0026490 0-5/08/92' pp L 28 ^ 40 u 0026486 o 05/08/92 FLINT D KARIS , 00264871` �p a — - ^—bp 546: 87. 410`'0026492 4011 0026489 05/08/92 MICHAEL RYAN 1 aj 622m 37 1121 ft 113 t, .,:,:0026490 0-5/08/92' MICHAEL J HERBERT 28 29 0026498 05/08/92 FLINT D KARIS 30 410`'0026492 05/08/92 GREGORY L STAFNE 11606,03 05/08/92 RONALD 221 40211 0026495 05/08/92 DERRELL T STOCKTON 1,522.99 124 ft 28 29 0026498 05/08/92 FLINT D KARIS 30 31 16.4 19. 19 "1 0026501 05/08/92 DAVID M GRAF 6- 5:02 0510 8 THOMALLA 0026504 05/08/92 ROBERT E VORWERK 1,617.74 13 94 14 ri.*::) A F. 1r) aj 0026507 05/08/92 JON A MELANDER 1,617.74 530026510 � 0 05/08/92 DUANE J WILLIAMS 17553,82 0 CITY OF MAPLEWOOD EMPLOYEE*GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD 1-� 0004 31............. jJ,'05/08192: ... . . ... 31 w. . . ........ ..... .. . .. . . . ... ... ....... . .. . ......... . . 41 .. ........ .. .. . ......... ...... . .... .... . . . ..... ............. 33 0:026,52: .. 51 00 26513 05/08/92 SCOTT K BOYER 1as 160w 50 ... .. .. ... .... ... .. .... . .... . .... 0:99 �70:: .. . . ...... ... . ........ . 50'. 7� 00265213 ... ....... .. .... 08/92 7-7 .. . ............ ... .. . NELSON:' ..... .. ... ..... .. . ..... 1 t."9" a gr9 36 VENN .... . ..... .. PECK ... ... ... .... ...... 4 74 a.— Ur Dow wo Vw -r 0� %w Wr rA s 10 41; 153 0026537 11 0026516 05/08/92 GWENDOLYN SELL 907m70 121 .................. . .......... .. ..... .... .. .... . . . .. ............... ... ... ... ....... ........... ... ..... ....... .... 13 It �51 55.. ......... .. . . JILL:: PETERS, ......... 1 0 *1' 0026531 05/08/92 RONALD L FREBERG 1,1245a3O ... . ......... 42 t Al ISHER 4 1 61 57.. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 171 - 1 0026519 05/08/92 JUDITH WEGWERTH 577w74 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X 45 1 w- '05/08/92: KENNETH,: 0: HAIDER . . . . . . . . . ...... V�— p 20 . .... ... . ... ...... . ... ..... . ... .......... . ........ 22 21 0026522 05/08/92 WILLIAM PRI EEE R 19222m90 24 25 65 .......... . ..... .... 05108 92: . ..... GE RALDW" MEYE .. . .. ..... . . ... . .... . .. . . .... .... ... .... ............ . .... .......... .... ... ......... ... . ...... ..... .... ...... ...... ... ........ t:L-A 281 21j 0026525 05/08/92 BRYAN NAG EL 1 i 382m 12 31............. jJ,'05/08192: ... . . ... . . .... 1-4- w. . . ........ ..... .. . .. . . . ... ... ....... . .. . ......... . . ..... ...... . ... . ... ........ ... ... .... .. .. .. ........ .. .. . ......... ...... . .... .... . . . ..... ............. 33 0:026,52: .. ... .. .... 0.1 ............ 9Z ..... .. . . .. . ...... .. . ..... .... .. .. .... ..... . . . ....... .... .. ..... 19.1 -1c-.. ......... . . ......... .... ... .. ........ .... ..... ZHN DU-, 34 ... .. .. ... .... ... .. .... . .... . .... 0:99 �70:: .. . . ...... ... . ........ . 50'. 31 00265213 05/08/92 JOHN SCHMOOCK 11979n86 c Q-- 9: S 36 VENN .... . ..... .. PECK ... ... ... .... ...... 4 74 52 -05 08-/ 9, ...... .... 41; 153 0026537 05/08/92 . .... ... ... ... . . m.. w . ..... 1 ij 526a G8 ..)�o 1:.kQ .................. . .......... .. ..... .... .. .... . . . .. ............... ... ... ... ....... ........... ... ..... ....... .... 140 - 55.. ... . ..... .. *1' 0026531 05/08/92 RONALD L FREBERG 1,1245a3O ... . ......... 42 .... .. - 57.. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ........... 05108/92'... . . . . ...... .. ... ...... ..... W:I*.LL. I A M. Jr. '(-%`A SS-. 0 . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X 45 1 -m .... . ... . . : : : jf-�,* i on . . I -""g . .. . . . ....... . . . ... . . . . . . . . . . . . . . . . . mn ...... ... . .. .... pc f:: in . . . . . . . . . ...... V�— p 41 0026534 05/08/92 JAMES 6 ELIAS 19 474a 91 48 491 535 ........... .. .. ... ZHN DU-, .. ... ..... . . ......... .. .... CHARME* .. .. ... .. .. ... .... ... .. .... . .... . .... 0:99 �70:: .. . . ...... ... . ........ . 50'. ........... ... . ...... .... ... .... 51 c Q-- 9: S A I qP! VENN .... . ..... .. PECK ... ... ... .... ...... 4 74 52 153 0026537 05/08/92 WILLIAM PRIEBE 1 ij 526a G8 541 55.. ... . ..... .. RUCE� .... ... ... 97 561 ... . ......... .. ......... .... .. - 57.. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF MAPLEWOOD 0005 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS . FOR THE CURRENT PAY PERIOD 40 40 40 40 ,e 1 23w 75' MARGARET KUNDE 201 n m: 121 ROBER1 S:r AND la 0 -0 0026549 05/08/92 DENNIS P LINDORFF 0026552 05/08/92 MARK A MARUSKA 0026555 05/08/92 DANA BREEDING 1,222.10 1,619.70 81.00 66' 63 556 05 | w| 0026558 05/08/92 MICHELLE HILSGEN 0026561 05/08/92 SHANNON MILLER 15.75 .051081 -:50- 49 65 q. 53 0026564 05/08/92 MICHAEL COLVIN 54 565 144.38 BE-AMnj INT 05/06/92 LOIS J BRENNER 11 204m 50BAR 6jQ1 TE 0026540 05/08/92 THERESA METZ 19646nO7 05/08/9 OFQREN |"| 0026546 05/08/92 LUTHER JONES /2"80 40 40 40 40 ,e 1 23w 75' MARGARET KUNDE 201 n m: 121 ROBER1 S:r AND la 0 -0 0026549 05/08/92 DENNIS P LINDORFF 0026552 05/08/92 MARK A MARUSKA 0026555 05/08/92 DANA BREEDING 1,222.10 1,619.70 81.00 66' 63 556 05 | w| 0026558 05/08/92 MICHELLE HILSGEN 0026561 05/08/92 SHANNON MILLER 15.75 .051081 -:50- 49 65 q. 53 0026564 05/08/92 MICHAEL COLVIN 54 565 144.38 0026543 05/06/92 LOIS J BRENNER 11 204m 50BAR |"| 0026546 05/08/92 LUTHER JONES /2"80 40 40 40 40 ,e 1 23w 75' MARGARET KUNDE 201 n m: 121 ROBER1 S:r AND la 0 -0 0026549 05/08/92 DENNIS P LINDORFF 0026552 05/08/92 MARK A MARUSKA 0026555 05/08/92 DANA BREEDING 1,222.10 1,619.70 81.00 66' 63 556 05 | w| 0026558 05/08/92 MICHELLE HILSGEN 0026561 05/08/92 SHANNON MILLER 15.75 .051081 -:50- 49 65 q. 53 0026564 05/08/92 MICHAEL COLVIN 54 565 144.38 i& I �6 CITY OF MAPLEWOOD1 0006 ' 4 01 41i -1 I [" 0026570 05/08/92 JANET M GREW HAYMAN q* |, ?^—� 656.12 n * It 1 05/08/92 534. 18 f8i * 22 � i . 31 � L| 0026576 05/08/92 KATHLEEN M DOHERTY1 1,182,90 I0, 0026�79 05/08�92 NANCY MISKELL 447,53 0026582 05/08�92 KENNETH ROBERTS 1,606.31 39j::+�*:+-*.:;:.': + , , . I . . ...l. �� I ... � I. . �. : .: : . L. - - - . � .. 1. . . I .1. I I .. I + I . . � .1 .. .:� : , - . I � ..� . .. . 0 ; ,54 002�585 05/08/92 NICHOLAS N CARVER 0026588 05/08/92 GEORGE W MULWEE 1,430.10 1,242.91 .. 1. ..... � - ... 1. .... . - � . � ... I. +- .... . . . . . . I . I I ... i-:..... �....... .1 - - +- -..- - I . 1. I.. - .....l. .. . ... I I � .... - -....--+-. ...... - - I . I. -...- . ...% ..... .. .... � � . �...... - I - � I .... .. -.....''.... . .-...'....l......., - ..--.-----:. .l--.:..,-..... qc L, - I a-,- - - ---- -- . - - _-... I .... 0026591 05/08/92 DAVID B EDSON 1,266.10 MlI:.. .* �* , `� +.. . .. I . . . . ... + .... , . . . - - - ... . . . - :. -:.: - .. .... . . . . . -...... ...".. I . ....... ... I..... .1 . . . .. . I ... 1. - 6:.l . ... .... - I + . - .1 . 1. � + - ........ � CITY OF MAPLEWOOD 0007 EMPLOYEE GROSS EARNINGS AN� PAYROLL DEDUCTION CHECKS ' FOR THE CURRENT PAY PERIOD , 2 10 o ^ 4w m EIGL 11248.50 61 1 r e gl:* I ?Nf"V,.l.`;f ,.� . I .:::: -11= - rl jQ: / Q..::i.- - . ....... mor-tu iz*unnn r--0,%T6:Tl= - r4amit. I . - . 1:: =.c4r. � A, t 4w 32 33 34 35 36 37 38 0026606 �� 05/08/92 MN STAT� RETIRBMENT SYSTEM 0026609 ---0-11, 05/08/92 �� 10 4w 46 40 161 11 1 4w 1 0026600 'w� 101507u59 40 '4w1 54 ' ' — /123 / 0026603 -0" 05/08/92 `'� ' ` � ^'"w` ' ` ='"— �" ^"`�`"` 27,5640m00 t 4w 32 33 34 35 36 37 38 0026606 �� 05/08/92 MN STAT� RETIRBMENT SYSTEM 0026609 ---0-11, 05/08/92 �� 46 40 11 44* '4w1 54 ' ' . `' ` ' -� ���� CITY OF MAPLEWOOD 0008 EMPLOYEE GROSS EARNINGS ANDPAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD "'i GROSS EARNINGS AND DEDUCTIONS 3 181620w67 . . .. . .. ...... . . ..... ............ .. 14� 161 . ......... 211: .. .. ... ... . ...... .... . .. . .. .... .. . ......... • 221 23 .... ....... ...... ........ . ow ... ... .... . . - 25€_> ....... ........... .... . .... ..... ..... .. . . ....... .... ..... .. .. ....... ..... ..... .. . . . ..... .... ....... .... ... ......... . ...... ...... . . ..... 27 ...... . ... ..... .. ...... .. . ....... 28 30 Ez ... .. ... . .... ......... .. ........... ...... .. 31 ... ...... ...... .. ...... .... .... .. 32:. ... . ...... ... .... .. . ..... . ... . ..... ........ ... ........ .......... . ... .. . ... .... .. .. ........... .. ... ... .... . .. ... ..... . ...... ... ... ... . . .. ..... ... . . .... ....... . .. ....... . . ...... . . .. .. ... . .... .. . ..... ... ...... . . . . . ....... .. .. ... . ........... ... ........ .......... . .. .... ...... .. .... .. .... ........ . . ...... .. . .. . .. ....... .... . .. . .............. . .. .. .......... . .... .. . ...... ...... . 331 . . ...... q i 461 1471 . . . . . . . . . . . 4 ............ .. ... ..... ..... . ...... . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .. . 51 1521 . . . . . . . . . . . . 155 . „ € . .... .. ... . ... .......... .................... . .. .. ... . . .... .... . 1571: . . . . ... ... ... .. ... ... .... . . ......... .. . ..... . .. .......... ... ...... .......... 9 351 361 ...... ........ .. . — ........... .......... .......... ... .. ........ . ...... ........ .. . .. ... .... .. ....................... ......... . .. .. .... .. ... .. .......... . da: ........ ... .. .... ..... . ..... ..... ... . ..... . . . . ...... . . ...... .... .. ...... ... .... . ..... .. ... .... ... . .... . ...... .. 39 ... ....... ........... .... . .. ... . ........ . ...... . . . .... ..... . .... ..... . .. . ....... ........... ....... . . ..... 40 .41 42 .......... 43 ......... ... .. .. ......... ...... ... . ... ... ......... . — . . ...... .. ...... .... .... ... .... ...... ... ... ..... . ....... . ....... ... . .. .. ... ... . .... 44- . ... .... .... . .. .. ...... .. .. ..... . ........... 45€:.......... . .. . ..... .. .............. .... ....... ... . ... ... . . .......... ....... ... i 461 1471 . . . . . . . . . . . 4 ............ .. ... ..... ..... . ...... . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .. . 51 1521 . . . . . . . . . . . . 155 . „ € . .... .. ... . ... .......... .................... . .. .. ... . . .... .... . 1571: . . . . ... ... ... .. ... ... .... . . ......... .. . ..... . .. .......... ... ...... .......... 9 MEMORANDUM TOP City Manager FROM:: Troy Langer, Planning Intern SUBJECT: Conditional Use Permit Review LOCATION4, 2120,2124 Woodlynn Avenue OWNERS: Howard and Carla Rekstad PROJECT: The Village on Woodlynn DATE May 15, 1992 INTRODUCTION F-� Action by Council Endorser. Mo d i f i e d._..,_,,,,._,,,,, . Rejected...... Date On October 28, 1991, the City Council- reviewed a conditional use permit for a senior housing project. This project is called the Village on Woodlynn. It is located at 2120-2124 Woodlynn Avenue'. The Council found that twelve trees on the site had died. These trees were shown on the landscaping plan that the City approved. The Council decided to review the CUP again on May 25, 1992. The purpose of the review was to see if the owners had replaced the dead trees. BACKGROUND December 14, 1987: Council approved a CUP for this planned unit development. Council reviewed this CUP on July 20, 19 89 , August 13 , 1990j, August 12 , 1991 and October 28,, 19 91. DISCUSSION Mr,'Rekstad will replace the dead trees in May. (See Mr. Rekstad's letter on page 5.) RECOMMENDATION Review this conditional use permit again on June 22, 1992. go\rek5tad.mem (Section 2, north 1/2) Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Letter from Mr. Rekstad F- H T✓ "V.,' A a 8LV0 i W Y MARC M w I POND z North W fAu H kelwood I W z a XTAN W C7 AV .wm � AV + i nuc /c neva L vKe • 00c, �. AV ••r -�--� COPE I WHITE BEAR LAKE 58 (1) BRENW000 CURVE Lc 0 GAIL 'AV l . _ WOO (mc o,>NO/ AV/ NORTH SAINT PAUL LOCATION MAP 2 Attachment'.1 W •- N u p �►� l031. �4 07 Awmm '_�Ejv 263.6 W 33 L. t5 Ij WOODL �iN HE . � 4G,003 or 1.OGac. 3 NO$ �. c� (7) �3r.3 WOODLYNNAVE. _ -- g. e 34 4V 1 11p• X10' 6 7 0 8 a 2144.0) 0 030 (35) M rc. : r 4.�0 % yv 4 1• tt 9 78 q 9 8:S ao /� 41 (?-5) a o. COTTAGES OF MAPLEWOOD or !• - SALVATION ARMY CHURCH -4 10, ell Zg1. G3 -1 265.7 3 .. (2Z) 3 - t7 3 s o v 243.63 ,� 3a� q y. ' cs 6 e► (Z Z) 89.3.5 toZ.of �z .tit v vZ dZ. c � L G L �► .� ,� `•rn 2 � O. 0-10 �D w 9s 9 ' ! 1 ' ( _ 12 13 iL N H ti C H N Z9 y C 3 88.95 art !o !o l+t VZ 4 L L 4L• 4Z L O -1,e o Doe !'702 +0 -M"LVDIA AVF__1�vmw__ ® - .•O 238. 6fi• .� SO+ 70 3 Doc. 17014 29 103.P61' los' •� •+ 104.,F ioc O i 2 N 3aC 3 t 2 O tr1 �^ • � �n obt _ ( 6 0) •� 1 1o.�l to t O 3.75' !►4 t4} v o� i i '�n 19T.7?• ^ o /art gr 4 rs.i, t PROPERTY LINE /ZONING MAP 3 ttac ment a WOODLYNN AVE-*;. - 016- Dead Trees SITE PLAN -4 Attachment May 5, 1992 �1.�►.� 1I11J RTSOURCES Mr, Troy Langer Howard L. Rekstad City of Maplewood President 1830 East County Road B Maplewood, Minnesota 55109 5396 N. Lexington Shoreview, MN 55126 RE: Cottages of Maplewood L P. dba Village on (612) 483-9788 Woodlynn Conditional Use Permit Dear Mr, Langer: This letter is in response to your request. The dead trees at the Village on Woodlynn will be replaced this month. S i n e r e l y, ---.-.. r H and L. Rekstad General Partner, Cottages of Maplewood L. P. (612)483-9788 HR/cr 5 Attachment 4 Action by Council: TO: City Manager �� Endorsed-- F ROM: ndorsedFROM: City Engineer Modified.....- Rei ected odifiesRejected SUBJECT: Budget Transfer -Public Works Date DATE: May 19, 1992 Ramsey County is in the process of overlaying Roselawn Avenue with the overlay and new shoulders. Roselawn should look pretty- good in the near future. One item, however, sticks out like a sore thumb. That is the ditch on the north side from Edgerton to DeSoto. The ditch will look even worse with the new wider shoulder. Ramsey County has proposed a joint effort with Maplewood to correct the problem. Ramsey County would provide all labor and miscellaneous materials for installing pipe in the north ditch. Maplewood's part of the bargain would be to pay for the pipe. The estimated cost is $4000. It is recommended that the city council authorize $4000 from the contingency account be used to finance this proposal. KG H jc SENT, BY: 5-15-9-9 : ? : 55P111 BANN I GAN & KELLY 61-9 770 4506; # ?/ G TO: FROM: RE: MATE: MEM O City Manager Pa.nnigan & Kelly, P.A., City Attorneys Assessment c,.:W wmt go -U'/ May 15, 1992 1-/ 1cti.on by Co oj:L :. Endorse Modified.-. Re j eeter Date An inquiry raiEed by hors. Brenda Whyte, 1860 Radar, l,as been referred to this ott,ce for turtlier comment. This Offing hasn. Stat. §429.061.examined carcfully this uklsc;s:�ment roc,:,du,•�s �l�a,��latcd 1,Miry�Y Suhd. 1 of M.S.A. §429.0161 governs the form of the notice which must be mailed to all affected property owners. The statute gees to some great lengths to specify the eAaCt types � of information which must be included in an assessment notice. The adequacy of an assessment notice has been litigated On several occasions. The governing case is that of .h'1 ���� '1;91v17 � • • apa Teter vs. o f Centre, 346 N. W.2d 133 (Minn. 1.984). The specific iss-tie raised in that case is whether the notice was defective. The Minnesota Supreme Court „ p u t held that there must be Strict c:omplitance. with the statutory noticerovisio ns." The Cit L)f Maplewood � P y F od was involved In a subsequent lawsuit involving it similare vs. D(Mijul. ue�;tion. See Shortrid rztt�rt � 425 Nc � � g e3 , . W.2d 840 9 188). In that particular decision, the Supreme Court P held in favor of the City of Maplewood and against the [erty . In this articular � has ►ro ,p ownersP Situation, Ms. Whyte has alleged that there is only one reason Maplewood didn t infurni its citizens of this deadline ... and that is it could potentially mean more revenge for the Cit.." Ms. Ms. WhyLe offered no support for that allegation. Ms. Whyte has specifically complained that P Y com laiP t the assessment notice failed to identify a deadline of November *15 forPaY ments• There is no such lel;al requirement. M.S.A. §429.Q61, Suhd. 2 governs the accrual of Interest Upon a special assessin P p ent. That subdivision provides, in part, that: ...tile first installment of each assessment shall be included in the first tax rolls completed after its adoption anda.. shall be payable in the s� � x acne year as the. taxes contalncd therein to the first installment of each installment shall be added interest. on the entire assessment from a date specified in the levying resolution Y g assessment, not earlier than the date of the resolution, until December 31 of tie. year in which the fiat iiistallment is payable, M.S.A. §429.061, Suhd. 3 goes on, in part to shite that: Anter the adoption of the assessment, the clerk shall transmit a certified duplicate of the assessment roll ... to the county auditor SENT: BY: 5-15-9? ? : 56PM BANN I GAN & KELLY-� 612 770 4506: # 3f G ... on or before November 30 in each year. ... The owner of any property do assessed rnay, at any time prior to certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the assessment on .Such property, with interest accrued to the date of payment, to the municipal treasurer, except P that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption thereof; and, the Owner may at any time prior to November 15 of any yearre a r p F Y to the treasurer of the muiucipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which saidY a re ment is made. p p The statute is procedurally complex and lengthy in nature. There is absolutely no requirement under the statute which requires the City to provide an explanation as to the November deadlines. The statute docs require that the notice state '$the time within which prepayment may he made. without the assessment of interest". The notice in thisF articular matter complies exactly with the statutory guidelines. This office can find absolutelyno flaw or dcfieicn � q with ro-spect. to Ilfr. lcgLtl 4de(lLi!-�cy of the notice provided l� the C� of Maplewood Y City Ms. Whyte makes a number of references to the form of notice used b the Ci of Y City Shoreview. The notice by Shoreviaw is not a form mandated hr atiituLc. Instead the sit y � Y of Shoreview provides information in excess of what is required by the statUte. This is a policy decision and not a legal requirement. However, it should be kept in mind that if the City chooses to provide information in addition to the information require(] by statute then the City assumes an additional obligation to transinit this extra information correctly. This office can find no legal justification to recommend that the Maplewood City Council adopt ;R L)vlky of providing additional information In the notice. As a final comment, Ms. Whyte states in her letter dated April 23, 1992, that "if we had knowledge of the cut-off date, we would have paid this amount ...If The fact is that Ms. Whyte did have notice of the cut-off date. According to the notice provided to the Whytes, the assessment could have been paid without interest anytime between April ril 23 1991. until May 22 19 � p ' y . 91.. Ms. Whyte appears to he acting under a flawed assumption that the " race" period I g p could have actually been extended November �1.5, 1991. That is Incorrect. The City Council specifically limited that "race" period until Ma 22 199 g p y --1. This office. has attached co ies of the relevant Portions f the • . . � p � statute and has takers the Liberty of highlighting specific langti:lge found within that statute. cge .�o lr1 --t• Y § 429.D51 Pleas 19 19. In gemw CO St. art. 9, § 1 {,result, An :0. � F }. exam Rt - m8 PtzbUc cemeterian from -taxation'- c.ici not caeeapt cemeteries from special a5S=nxM5 fol• focal i nlprove�ts, State sI. Ro Cl- mglc-�'n, 1961. 2.i 9 m;nn. 474�ia� � im 22. �"�°� do as and b� of proof l -W-2d 305. Ia imposing SP� asses=m. aIIY [D Ct� Prop" + flf public amesez•y aW,=C7M was mark" value 3"uking in or each bene 3f tnrrea�se in �Om mal went for construe- �: M& bad which O n its Mace appean may be tion Of water mala by reason of § 346.14 ex- fes' aPPmximatioa wild be r suM to be emPtm g F roPen'Y of ally Bach cement With burden resdn On ob j=a r to d)o inti anon from a.1 public taxes and t& invalidity. Contiaeatal Sales acid is � Town Of Stud RLIIE'ilt tZ. 1977. 257 N.lr��.2d 346. made Whetis is asse�ment is regul"fy prc==ed to be Uwfu: and comet , and the burden of Proof rests upon the ob*c for to dnswau its in% ajiditn•. Joint laides Pendent School Dist. No. 237 (Suburban fien- zseput CounEy Arra V0eati0z21Technical Schools) v, Cit•,• of Hrookivn park. 1477, 236 SAV -2d 512. I ts' of a special assess m eat is. a [egi sla five acct which. when regularly made, is griraa fame t•alid; Pr�sttmgtioa of�'alidicv may only ba that the tette.de by the twgmyer on a clear she thaassessmcm does not bear an.., rtason. able relationshiP to the v2due of = fits. [Y}' v, pccial berx� To%Nm of Center. Crow W' ag CO'LmtY. 1977. 3.2 Wni-L 266. 251 N.jv.0 699c:. Und) prrven to the contrar��, P� sumed to have set special a==Ment [egafi. thus. introduction of det�c constitutes assessment r•31e into etir}. meat does not puma facie proof that assess. meatSoa-LpGce=j special bcmfits. Cart. ag Realty Co. V- Cin• of Wi13d01n• 1976.. 307 Minn. 366, 240 N.W.2d 517. PrCSUMPfoo char city has set special assess- caerus [egaljv may be overcome by introducing competmit evidence that asses=ent is gr=ey � than increase in market value of the properties due to the im pr ove m en.t. Id. MISS, NiXfiR O FoLrrAN Apr tv for =pe nd.i tore and, 3r thL L time of the improven= 56� aP�Amr.Gcn., a49 --C* o�x. 1, pacempt ons from 19c i al assessme n is for lo. cal iargro=eruenr axe nut tution, ark must be found �� �nory�- dwraneats, state V. Crystal Lake Ceoleterg Assn. 192j, 13.5 Minn. 197. 193 N.W. 170 Thougis :hunches, church PrOPerty and 4ous- es of waMIiip are =C3MM tram tIOD. the• mineral ''�' zfrom resent. 0P -'k tY Gln Q8 --C, Au -226,sP nal as, �-226, 1956. Cit -7 cacnot assess prop" belc�aging to cavnty to niof for samr1 ;e�,, sys:em. QF• anti .Gen.l _ 28, No. 10, p. 39. Federal pr op a ct v, ezt mrptloos p0� offij::* braiding owned b;• federal goveramen_is ezea�prt from special aswssmcnt r street caPrM't .-L Op-Attg.Gen., 4Qo _.C, Sept. "1, 1.53. ant .. A s•i la rI. E nay not require as a consideration ..� for the `Z-C-Itioa of a sheet that the ro rty o�►•tter bocd�ing a portion of the vacated st re( �aE ba�•e�,�vbeen �a►cncs for imPro�+�remcats I t.til.s section t he ' v�' lfage cotuJd Zourel►�. under Ln such added �• portion if it dtte spinal assess I burse itself . ar ,,rained :o r�1tq. ` p•ortioas of tic =St of an ita- tn RroWMent }aid by the %• face. ap.Attv.Ccn 196g-16, Sn L 9. 1965. Municip�=n• may sv , bseque�atlg reimburse it- �eif bs asseumeot aga.iast b5anef-ited properiizs jot P'rm'OLLMY included in assessment for irn- rros+1eraenL Op.Atty.Gen.. g7f-j, Aug. I? 23. Review Dcteriaination of beaefus.Wd ' meat of assessments for [oval irnpro U II_ prefect is a legis] ye ftmctWo and if the ques- tion of benefits and apportionment is a matter a wEiicfi reasonable men may diffe r.the de - 'mss *-ctio j authorizes term inai ion by the legislative body or �rrtil if to nd at the t alae u'hea tha�m ani of parcels must be �. 1za� makes tine �+ i llage Of New Bri Dualityrf omes, res. V. f the ffictlttt therm, reunbu.�ing mct>vcipali. 183 X.iV.2d 355. gftton, I�'11. ?89 - LU= ?74, �29'*6* Repealed b Y Laws s 1953, C. 348, § 13, subd. 1 T' tis section related CO Orders and contracts al ?Note Pr Public im-trovements in rliiagm boroughSt-1927, (918-2Q. ad cities ot= :he fourth Mass, .rad was derived 1925, c. 382. § 6. m 610 LUz LOCAL LMF`R0VEME2wTS § 4279.061 429 M I . As se sm a nt procedure S u Mvf cion I. CakeLlati on o ti t any time after the expe ase incurred or to be incurred in ring an improvement shall be calculated and. --r the direction of the council, the council ;hail determine by resolution the amount of the total expense the nun.icipalit:i i%zll )ay, other than the amount, if any, which it will pay as a property owrzer, ar-d the amount to be . if a county- proposes to asmss Mthia the b-}undaries of a city for a aunty state -aid h3 g b way or oeunty highway, incl u ding curbs, garters, and storm se%%Y_ s the resoludon Dust include the portion of the cost proposed to be assessed within the city_ The county shat forward the resolutioa to the city and it may riot proceed with the ;%. sant procedure nor may the a>uBty allocate any cost under =iis section fir prcperty within the city unless the city council adopts the resoluion approving the assessment. Thereupon the clerk, with the assistance of tFe engineer or other qualified person selected L -p the council, shall calculate :he proper unouat Co be specially assessed far the improvement against e%..rr:• assessable lot piece or parcel of land, v4itbout regard to cash valuation.in accordaFct~ w'i:h the proaIsioas of section 429.05I. The proposed assessrnest roll shall be filed t4-ith the clerk and be op,n to public itZspeciion. The Herk shall dlereu.jon, under the councir's direction, publish notice that the c•uncii will meet tc consider the proposed assessment- Such ssessmentSuch notice shall be puulished in tfie newspaper at least once and sh-W be mailed to the owner of each parcel described in the asses=ent roll. For the pur?ose of gii,ring ,ranee notice under this subdivision. cv niers shall be those sho k4m to be such on tle records, cf the county auditor or, in any c DUDty inhere tax statements arc mailed by Lie coLnty treasui•err on the records of the county treasurer: but otter appropriate recoids may be used for this purpose. Such publication and mailing shall -se no lis than two weeks prior to sucb meeting of the council. Extent as so the owners of tax exempt property or property taxes on a groom earnings basis, : t=7 property owner whose name does not appear on the mcords of the eotuty auditor or the county t:re<surer shall be deemed to ha%-: waived such m ailed notice unless the owner bas requested in writing tha. the count3- audior or county treasurer, as the case may be, include the name on the rec Ards F)r such purpose. Such notice shall state the date, time, an -1 place of such meeting, the general nature of the improvement, the area proposed to be assessed, the total amount of the proposed assessment, ch, :t the propozed as.;e meet roll is on the file vii a the clerk. and that written a- oral objec•.ions lbereto by any property owr�e will be considered- The no tic a roust also state: that no appeal rnav be taken as to the amount of any ass=sment adopted pursuant to subdivision 2, unless a written objection signet by the affected property- owner is filed with the i I�municipal clerk- prior to the assessm int hearing or presented to the presiding of icer at the bearing. -he notice shall also state that an owner may a apeal as assessment to distric= court pursuant to section 429.4$1 by senting notice of the appeal upon the n=yor or clers of tb.e ,municipality vyithin 34 days after the adoption or: the assessment and filing such notice with the district court within ten days after service upon tie ma -Mr or clerk. The notice sha[ also inform property o%niers-of the prov:sions of sections 435.193 to 435.195 and the existence of any deferent procedure established pursuant thereto �n the 611 § 429-061 1T�Sr IMETROPOLITAM ARES mun i c ipali tri . In addition, the notice rn ai l ed t o the Owner must s n�l following information: ude the { i) the amount to be specially- assessed St t,ha •� I,� parcel of land; t Particular lot, piece, or (2) the right of the property oto-ner to r person t4 whom re F �y the ,.nfire assesSm. n.: and the 1 prepayment must be made; (3) whether partial prepayment of thea assessment has bn aee, �.� crdina ace; u to criped by i •� ' (4) the time within which prepayment may be made without of Interest; a.nd - the assessment j (5) the cite of interest to be accrued if the assessment is not the required time period. Prep w1t Sum. 2, Adoption; Interest. At such meed or at an >_ thereof the council shall hear and ass u � Y ani jo-�r•.zment —� P Pfln all objections to the Proposed assessment, whether presented orally or :n ur-iting. The councii ma= a w the proposed assessment as to ani; _ mend Y the parcel and by resolution adopt the s=e as special assessment against the Lands named ir. the assessment ro� . of anadjournment of the hearing shall be ad uate -I Notice so adjourned show the time acid lav �� if the minu-es of tate (Z to be continued. P u ben and where she zeariFig is � The council nZa.: consider any objection to the amount of a m assessment as to a specific parcel of land at an adjourned hea.r-iP . opos n fia-tner notice to the affected property ovine; a, it � r --g upon acjourned hearing the council or a comrrc of it itte deems advisable. At the .. ar oral testirgony on behalf of the object rrnay hear further written� �mg property owner and may =Dsider further written or ora: testimony from aF ro rate ci � w rtnesses as to the amount of the asse;Ssmentp. The � Officials as J other ' council or co mm itt~e shall pr :pare a record of the proceedings at the adjourned hearingand wri CIA findings as to the amount of the assessment. The sten as finally determined b�- the council shall bee amount of the assessment .. become a part of the adopted assessment rod. c� ad•} r`0 appeal mai' be taken as to the amount of any assent pted sander this section unless written objection signed b •the to property oumer is filed with the Municipal clerk affected prior to the assessment hearing or presented to the presiding of at the hearing. tn the assessments not received at the assessment � AJI abjedoas tc scribed b�; this subditrision are ti •t: hag in the matr�r pre- scribed unless the failure to object at the assessment hearing is due to a reasonable cause. the ad on tedassessment differs frern the Proposed opo assessm particular Lot, piece, or cel of hand, enc � to any Far the clerk must mail I to the 3��ner a notice stating the amount of the adopted assessmem. Cly -revs rn notified by mall of any changes adopted by the council in • usl also be prepayment requirements Rohn those contained in interest rates or assessment. the notice of the proposed The assessment, t4ith accruing interest, shall be a lienn Pubtic property included therein, from the date of � ani p�'�ate sad assessment, concurrent with general t the resolution advp,tiZg the aces; but the lien shall not be=aforce- 612 ..t LOCAL UAPROVIENCENTS § 429-.061 able against pub1ic prooe.rzy as Iona, as it Is pubIL-J cp owned, and during such period the assessment shaii be reco=verable from the owner of such property only in the manner and to the exlent provided =n section 435.19. Unless other ise provided in the resolution, aE assessmeau shall be payable in equal manual installments e:ctending over suc i period, n.)> exceeding 30 years, as the resolution determines, pa} -able on the First Monday in January in each year, but the number of installments need not be un -form for all assessments included in a single assessment roll if a uniform criterion for deternming the number of :nst J1rncnts is provided by fie resolutb.-L Assessments oo proper• ty located i.n a targeted neighborhood as defined i Laws 1987, chapter 386, article 6, s-!ction 4 may be payable in variable annual installments if the resoludon _orotldes for a van ble pa-rnent. The: first installment of each assessment shall be included in the krsi sat rolls crmpleted after its adoption and shall b-! payable in the same yew as the tales contained thereir:; except that the payment of the first instalment of ani assessment levried upon unimproved properTy may be deferred :,intiI a des-.@nated future ; ear, or until the platting of the property or the ccnstruction- of improvements tbereoa. upon such -erms and conditions and b iced upon such standards and criteria as rnay be pro,�-ided by resolution of the council. if special assessments against the propertt, have been defer -ed purcuarx to this subdi;icion. the governments! unit shall file %l,ith the count , recorder is the county in which the property is located a cer ti icate containing lh--- Legal description of the affected prc-pernr and of the amount deferred. In any event, event assessmenc the payment of vrhicb is so defen-ed when it brrcornes patrable, shall be divided into a number of installments such that tF-e last installment thereof wifl be payable 1•11JE more than 30 year_ after the zvy of the as,�ment. AU assessments shall bear interest at such rate as the cesoludon determines. To the first insall.meni of eacl n a.ssessm Jnr shall be added_Uuc_ entire sessment fYom a date specified in the resolution ietiIrina the asses m t ewhir--than. the date of the resolution_, until Decernter 31 of the vear in which the first ipstallment is parable, and to each subsequent installment shall be added inter _st for oae year on all unpaid install.mrnts: or alternatively, any assessment may be made payabie in equal anrual i.ns 11ments including principal and interest. each in the amount anrurally required to pay the principal over such period with intereg at such ca -e as the resolution deter- mines, not eac.eedi ng the maximum pe -iod and rat; specified above. In the latter event no prepayment shall be accepted uxcer subditizsion 3 without payment of all in s taf 1m ents due to and i.nclu ding 3-xxtuber 31 of the year of prepayment, together %%qth the ori gin al principal aao uat reduced only by the amounts of principal included in such installmeats computed on an annua.I amortization basis. When payment of an assessment is deferred, as autho- rized in this subdivision, interest thereat for the period of deferment may be made payable annually at the same dm ss as the gmcipal 'installments of the assessment would have been payab4c if not def-jrred; or interest for this period may be added to the principa amount -31 the assessment when it becomes parable; or, if so pro%ided in the resolusion In-ying the assessment, interest the -eon to December 31 of the year bef-= a the first installment is payable may be forgiven. 613 . §X29.011 LOCA1. IDPRovrHEnrC3 I I LOCAL DIP'90 dENTS §B429.-)61 to -ram road including curbs sad gutters Bad storm iewera and in the case of thcze ia'Pcovew&nts designated in section 429.02, mbdi�a 1, clauses (1), (2), (4), M (6), V), f 8X and (10). [See main wlumc for tezt of =bd& to 15J Amu and ed bF Laws ISM a %4, i 1. �ir>aari cal WI -i ftduta ry Natcs 13 Eel ?fie 1988 amen4mwt dekted the from two sectmlcm Of nab L 2b. ?or former tent see main vow - 429.021. Local improvements, council p9wet3 La+ Revkwr Coasm met 1�eed for a prmapled expanaioa of the role of 10c21 gvTW=Deort in eavirocmn,enW eaforcem.eat 42~-331. Preliminary pluta, he.ariap ;Notts of Dedziou Ext"d 13 &. vo tine P rVerty owner's oral requ est to dty caun& for mprovem eat was a uff lm t, than gh this aec. tion required that request be in wribag, where ow'tsra' avbsegment course of conduct eykkoced Wft city's bion to otdes improve• mezfi aWDM a,ttewled aD cup 'council mkednp st wrhieh proposed bnim"ment was l ed. bat- 30e+d to object to imprcve=*nt as ordered wd after its Wmpiedm Rhodeabangh v. City Of pportppast, Agp.1990, dW N.W.2d 6%, mvisv C47 W order =WMTM=t Without nrrtioe uad-• heu mg, where affected property owners p for Bloc v. CAT of 14nork AM 1990, 450 N.W.2d Mg, r"iv e bje-3t p vjwt, m lain pro� affW WdW bCtDM iog pa aje&. Lt re Q=nel IAm App. LM 444 n ce cf appeal =d aPpul peocedttrt for sperm -were applicable is prooeed. rag to fin=ce stow sewer prat in whish Cho" to ptmaeed by ad Rslare m Win_ Cv watt y3 e V alage s. Clrty of North Brww..b, 1589, 442 N. W 2d 304. Beverly Coaeroon and L*.Roy Paddock, 16 VM_ Mitchell LRey. 9.19 tib); Provement. Rbodenbaugb v. C4ty of 8appo-'t, AM1990, 450 M.W-. d 604, review dente. Once cameMcdon cont -act for manicigal i . pravevlern t has been awarded, co ad&d aal fesl- S&Mt t Daring% may, to ?uid. Independent School Dint. No. 254 v. City of Kenyon, Abp. 1987, 411 ti -W-24 545. M Asseamenta Cost of azrprtWMD at for Whnh affected prcp�. ertg oma em -hW petitioned aty could be m- ussed agahmt pvperty to exit that 7mpet-.T bad beft �eneited by improvenmt; benefit :0 grorpexty wn measured bey extent to ,vbxh bn. grvvameat had increased market valve of FW ecty, iadxw than by cyst of im ' Rho- denbanO v. CkY of 3aypoM App.1990, 450 N.W.2d 6%, review denied City .nark cot change method of asseali=g storm ager pmjeet bele holding mneaW fe . cbiuty hag after Wastuction 0=tr�-&C the project bad already be= awarded. - ind� deat Sdwol Dill No. - 2b4 T. axy of Kenyon, App.lW ;11 N.W2d W. _ IL WaLrtr . l=downeree alienee zt. oauncil n}eetEaga whet sdetk mw Pro* -t3 were appraved was insafficien t to thow that. waived tb air right to so any procedar,21 defideacks at bearing-,& Inty pendent Shod Dist Na 254 v. Citf of Kenyon App.19$ i , 411 N.W.2d 54& 7. 3esri�r 13. Eit'°pQ'e1 • ; etrimectal N'r ere aid hearingCity w u estopped, by tie of 0E SLdtMt� tEliaoCe by hadowzer.% from financing ttnm =ttCCt=g GtT t0 ate' mpeovemect, in ab- Bever project � � orf regaesi far ianpt�o�►emen fztm affected through s c fallow= � m$ P�l�s vrbare it Wsn� �'pEF am„c► are . tl� fats- decade<i to T71d Pea&=g•a-ally fissurae tits • are of city to =wPly with such '� � m =Y '�� A �� K.ea School lit. No. 254 r, t� cf yon, App.L98't, 411 N.W.2d W. - . 76 429.46L ApVrtdon=vWt of comt i7otes of Deciaiaw T'his section Lutharisatxg munkipaBtT to defer of peevioua special i mpnT ammat costa uco tt7 t is made fir subsequent eztensioa of i cVcovemrnt is not timibad to prog- eny wcthin tau alk 's at tie of $1aoicanbarg V. f hT of Nartb&ki, Ap1..19r90, 462 N.W2d 417. . . 11. Defera^ d assess mems, swptciai F7 owner's due process rigbt9 ware not rioieted by mn s inclmiau of deferred costs is special t where acdm of feu&aty " a&umarneat Matings im ud staceanant out -bog am paW3 hdant to as -defend pasta; thus„ prorpert7 owner had 429.D6L Assesameat procedure to object to extWA= of orkkzi improvement sad- w kK]a ;Oo of dd6rred nista. Blank burg v. Chy of 2-'arthj5eld, b -7p. AK 462 N.W.2d 417. I & --- SUM dency of epecird &a- 'Dial comers M*-tb= of OW 3 son" Of benefit in favor of hmdorp ' ag fear parposes of pnp�g. of sge=*- i ae- s,waa%ent trued agains' wse 9ap- pocted by erkfemce, iac huf mg buAeqvAcT m main- ber nd gn&rtp of cc m ambles mod br dt7 steer, immosigbacy as city appadtfs 'q; z tions for amdermnatK= ind benefit mportat and conal• of teatimmon-: conrcain g iz�se in vslae of than lot& Dasedel v. GAT of Ram Lake, App.19BT 414 N.T.2,t 75L [See m4rm m 1u7m for text of =4bd& t anal �! Cl�si�hal Trao�itted to auditotr, prepayment the adopton of the mzessnent , transmit a certified duplicate of the assesomeat roll with each iu llrnaat, including in wrests set forth separately to the co ui ty auditor of the m=ty to to extended on the proper tax lists of the county; but in lieu of such aertEffrstixn, the ecuac may in h discretio o d vct. the clerk to file 0 asaes sment roil in the clerks office aEd W .mfg aW aaliy to tie county auditor, orn or before November 30 in each year, the total aw0un,t of installmata of and inert an assessments on each parcel of lead in the . . wbii:b are to become due in the foUcwing year.- If any ' * ani ia,terut hai not lin so certf ed prior to the year when it is clue, the Berk An f orthwitb the sa=e to the; county auditor for coDection in the then succeedm-g year, anal if the bas issued im pravem eat warrants to finance the map:vvemeat, -t shat . pay out of its general funds into the fend of the improvement iutereit vn the Spem mpad brabxce of :ie amesament for the year or yem during whieb :he _ coReedn. at such insWbnentiz postponed. dll asaesments and iatet ee t thereon ahaI be coliectad ane ga. avec in sloe same amnner as otber mum taac _ The owner of _ any �pro�rps�o : arssemed may, at sag time prior to cert B=tion of the az&ez=Pnt or the first. inatalkn eat ee' thof to tt:e w=ty auditor, pay- the wbole of the w -h t m spc'cpe ztF� wfth interest asocrled to the date of payment, to the M' UniefPel - , :'apt that. Winterest steal_ be ehar�g�ed if the entire aa$esament is psi within 30 4apa from � a&ptw treQf t, tun t as bereinaft�s = thee.. or4ruer map st. say e prim•: to an Nu7einber 15 of any yeu. prepay to the t rmurer of the - m ha -ring levied Lsuzzments the whole aswmaDeat remahnng due with inert a amid W Ceoember 31 of -he year in whkh said prepayment is made. If the stment rou is ruined by the muzk#W clerk, the installment aad hyterest in process of colIection on the cu=ent = est shall be pad to the oannty tvaram and the p 6 -?C' bare of the assessment, if paid, shall be paid to the mon.irc'* The cmurcil h3ay by ordinance a-ithorize the partW peepayment of aasesementa, iso such mainer as the rdfira ion of the assessment car the first ordinance rag grvvide, prior w ce thereof to tie county a+lZd Mr. f See mafn vokume for t=t of subd 41 .waded b ry ;AWS 1991. c. 3d2. 18, eff. dace 5y 1941. 77 AGENDA NO. I-'" 4ge AGENDA REPORT TO: City Manager FROM: Assistant City g klil�61Mana er GrtV n RE: MEETING WITH 3M DATE: May 19, 1992 INTRODUCTION .Action by Council: Endorse Modified. Rejected Date At the May 11th Council meeting, the City Council scheduled a tour of 3M's Building 275 for Wednesday, June 3rd, 8:00 a.m. 3M notified us that they are unable to host the meeting on that date. Alternative dates for this morning meeting are: Thursday, June 4th; Tuesday, June 16th; Wednesday, June 17th; or Thursday, June 18th. RECOMMENDATION It is recommended that the City Council select an alternate date for the morning tour of 3 M's Building 2 75 . J -I MEMORANDUM .Action by Council:, Endorsed TO: City Manager FROM: Thomas Ekstrand, Associate Planner®d��1e SUBJECT: Request for Temporary Signs Rej ected ..�. LOCATION: Aldrich Arena Area Date PROJECT: Ramsey County Household Hazardous Waste Collection Facility DATE: May 19, 1992 INTRODUCTION Request The County is asking that the City Council allow the County to put up seven temporary signs on boulevards. The signs would be for their household hazardous waste collection facility. Description of the Sia_,ns The seven signs would give directions to the site. These signs would be eight square feet. The signs would be temporary with sand bags to hold the base. The County would also have a nine -square -foot information sign on the site. City Code does not require Council approval for the on-site sign. The signs would be portable and would only be out when the collection site is Open. The collection facility will be southeast of the Nursing Home. The collection facility will be open on Friday and Saturday for eight weekends in the spring or early summer .and eight weekends in late summer or early fall. (Refer to the letters and map from the County on pages 5-7.) Code Requirement Section 36-307 of City Code allows events. The Council, however, must right-of-way, BACKGROUND temporary signs for civic approve any signs on a public On May 11, 1992, the City Council granted a conditional use permit for this facility. The Council required that the County move the facility to the parking lot that is southeast of the Nursing Home. The County had proposed the facility north of Ripley Avenue. ALTERNATIVES 1. Approve all seven signs. 2. Move Sign One so it is not in front of a residential property. The County could move this sign in front of Hejny Rental or to the east side of White Bear Avenue. The disadvantage is that moving the sign in front of Hejny Rental would not give drivers in the right lane as much time to change lanes and make a left turn on Ripley Avenue. Moving the sign across the street would not be as visible to southbound drivers. 3. Combine Signs One and Two into one double -sided sign at the northeast corner of White Sear and Ripley Avenues. 40 Combine Signs Fourand Five into one double -sided sign on .the southeast side of the North St. Paul Road and Ripley Avenue intersection. 5. Move Signs Six and Seven onto County property on the west side of Van Dyke Street . 6* Drop Sign Six. 7. Drop all signs on the boulevard. The County would have to limit their signage to signs on County property. DISCUSSION The City should make this facility easy to find, since it will provide a public service. Directional signs will be important, because drivers will not be able to see the facility clearly from White Bear or Ripley Avenues. The County could combine Signs Four and Five and move Sign Three off the boulevard without a significant loss of direction to the public. The other alternatives would make it harder or less safe for residents to find the facility. Reducing the number of signs would be more important if the signs were permanent. RECOMMENDATION Approve the seven temporary signs on the right-of-way for the Ramsey County Household Hazardous Waste Collection facility, since: 1. The County would only use these signs for 32 days each year. 2. Residents will need directional signs because the facility has poor visibility from White Bear and Ripley Avenues, 3. The facility benefits the public. The signs must meet the following requirements: i. The signs shall only be up on the days that the collection facility is open. 2. The signs shall not be within the sight triangle that is described in Section 29-136 of City Code. (See the attached copy on page 8.) 2 3. The signs shall be far enough from driveways so the signs will not obstruct drivers• visibility. 4. The signs shall be at least six feet from the edge of the street or at least two feet to a sidewalk. This requirement shall not apply to the signs on van Dyke Street, 5. The signs shall not exceed eight square feet. 6. The County shall place the signs as shown on the May 18, 1992 site plan, except for Signs Three, Four and Five. (See the site plan on page 7.) The County shall move Sign Three off the boulevard and combine signs Four and Five into one double -sided sign on the southeast side of the North St. Paul Road and Ripley Avenue intersection. The City Council may approve Baa j or changes in this plan. The Director of Community Development may approve minor changes. te\hazwaste.mem (Section 14) Attachments: 16 Location Map 2. Sign Specifications dated May 18, 1992 30 Applicant's letter and map dated May 18, 1992 4. City Code: Sight Obstructions 3 Fs � � h EOG HLL RD 10' 11 >.. pAt� CEIMOM' AV � N 64 � z Q SE s SEXTANT � h foarAV XTAN T AV i nra RVAts 0 RW tow/. GRANOVlE1M AV � CT m VIKING OA Y �%tE Ay' 36 RRE N AW KnucArle � a� Head L o�ie COPE GpSt LE AOF Y .. AV • ARK le � Z ui RIE ao 'ANO. FI Ryi �SroodIf#AV i� � _ o Y co � RD seer N ••.: 25 Z URKE o A,b;,,ti„Q av .ORIOG M/ � p*1 AV av RRIS� � RY- N Ar g AV i NORTH SA 28 6�OO�co �:;:. 29 68 � ►. 6p1f `gib — — — AV a SUM r � Z . �... • � NPA 121 � grip" t r' t i <�t/ �t m Rl � 1r RI i � INMION /N M. W � y o LA � ; �p a PRICE IleA o z �L�! > mW. 3 � MC 29 LOCATION MAP N 4 Attachment 1 SPECIFICATIONS FOR HHW FACILITY SIGNS Ramsey County is proposing seven directional signs for the seasonal household hazardous waste (HHW) facility in the City of Maplewood. Each sign will measure approximately 2411 x 48" and will read "Household Hazardous Waste Site." The signs will.have white lettering on a blue background, the Ramsey County logo (in red), and a directional arrow. The proposed sign locations are as follows: o On southbound White Bear Avenue north of Ripley Avenue (a sign with an arrow pointing left to indicate Ripley Avenue): 2 o On northbound White Bear Avenue south of Ripley Avenue (a sign pointing right to indicate Ripley Avenue): 3 o On the north side of Ripley Avenue at the turnoff to Van Dyke Street (a sign facing both directions: an arrow pointing left to indicate Van Dyke Street to eastbound motorists on Ripley. Avenue_, and an arrow pointing right to westbound motorists on Ripley Avenue). 4, o On northbound North St. Paul Road southwest of the intersection with Van Dyke St./Ripley Avenue (a sign pointing left to indicate Van Dyke St./Ripley Avenue). 5 o On southbound North St. Paul Road northeast of the intersection with Van Dyke St./Ripley Avenue (a sign pointing right to indicate Van Dyke St./Ripley Avenue). s o On northbound Van Dyke St. (a sign pointing straight ahead). o Further north on northbound Van Dyke St. (a sign pointing left, indicating the HHW collection site),s Once construction to realign Van Dyke St. has been completed, appropriate.adjustments in the placement of these signs would be made. Each directional sign will be bolted to a sign post, and each will be portable. The informational sign, which will also have a portable base, will measure approximately 36" x 3611, and will have a white background and black lettering, and the Ramsey County logo (in red). The sign will read, "Household Hazardous Waste Management Program," will indicate the site hours, and will include "If you have any questions or comments about this program, call 292-7900." 5 Attachment 2 MAY -18-1992 11:05 FROM R.C. P BLIO HEALTH TO 7704597 P.01 May 18, 1992 RAMSEY COUNTY DEPARTMENT OF PUBLIC HSALTH DIVISION OF 8OUD WASTE 1810 West county Rd. 8 #20 Ro"vilit,11 N 55113 (612) 292-7900 Fox (612) 633-0671 Zack Hansen, Nianeger fir o Tom Hkstrand . Community Development Department City of Maplewood 1830 E. county Road. B. Maplewood, MN 55109 SENT BY FAHCIMILE Dear Mir. Ekstrand: COUNTY COMMISSIONERS Diane Ahrens John T. Finley Ruby Hunt Duane McC.srty Ha! Norgard Donald E. Salverda Warren W. Sch Aber 'tarry Schutten ExecudVe Dirtto► P*$t-!t7' brand fax transmi#te1 memo 7M I # of pages� L n__ CPM �� , - . V) d I I Co c AM 0 �.o F*x# so ti This letter is in response to your telephone inquiry this morning rerequesting additional inf �3 � �ormat�on regarding the request by the Ramsey County Public Health Department for temporary signs for the satellite household hazardous waste (HHW) facility. Attached is a map shoring the approximate locations of the proposed sign locations. Please note that the County's request for temporary y � p X signs is intended to cover the period of the conditional useermit for the HHw facility F y' approved by the Maplewood city council, which is through December 31, 1993. Because Van Dyke Street will be realigned during this period, the locations of the signs near van Dyke will reed to be adjusted sly � a slightly to account for the realignment, when it occurs. All of these portable signs (held ire place with sand bas w * 11 be put u and bags) p taken off the roadway on the same day before and atter that day's collect ion fa No signs, will be up for public view except on days -of collection. Y If you ha,v.e any other questions, please feel free to call us at 292=7903 (Nora Schiferl) or 292-.7825 (Joe Wozniak Sincerely, o M, 3chiferl goeNoznia . Program Analyst Environmental Health Specialist enc. cc Rob Fulton Zack Hansen %,0 6 Attachment 3 1��►'� 1$� leeydid CREATING A HEALTHY FUTURE FOR RAMSEY COUNTY _f MRY-1 E-1992 11:06 FRUIT R.C. PUBLIC HEALTH rjb FROST AVE GO NV J.e Li 1 Q f + C3 • tti 597 P.02 AIIiECTIONAL SiGN s YNFORMATIt1N,A,L SIGN f992 rb 0 -- -RIFLE ' AVENUE ---qmmw.m. ............ 129-1 MAPLEWOOD CODE i Sec. 29-123. nforcement. If the drive is it ally constd within the setback, the city { may require that the n of the driveway that is within the 24- , 2 9 , 572 § setback be remove rd -84) Secs. 24-29-135. Reserved, ARTICLE V. SIGHT OBSTRUCTIONS AT INTERSECTIONS Sec. 29436. Maximum height of certain obstructions within certain restricted areas. (a) It shall be unlawful within the city for any person to install, plant, place, set out or maintain, or to allow to be installed, planted, placed, set out or maintained, or to permit to exist any tree, hedge, shrubbery, plant, natural growth, sign or other obstruction to the view which is higher than two (2) feet, six (6) inches above either: (1) The top of the curb return at the applicable corner of the intersection, or (2) The nearest pavement surface, where there is no curb, or (3) The existing traveled roadway at the corner in4 uestion where there is no curb or pavement, on property at any corner formed by intersecting streets, within that triangular area bounded by the property lines and a diagonal line joining*ponts on the property lines located twenty-five (25) feet from the point of intersection of the property lines on two (2) intersecting streets, or in the case of rounded corners, the. triangular area bounded by the tangents to the curve of property lines on two (2) intersecting streets and a diagonal line joining tangents to said curves at points that shall be located twenty-five (25) feet from the point of intersection of said tangents. the tangents referred to are those at the beginning and at the end of the curve at the corner. (b) Any obstruction maintained or existing in violation of this section shall be deemed a public nuisance, and a public health and Supp. Na 3 1792 t 8 Attachemnt 4 MEMORANDUM 'TO: City Manager FROM: Director of Community Development SUBJECT: Real Estate Sign ordinance DATE April 21, 1992 action by Gouncil :i Endorsed Modified Rejected Date INTRODUCTION on November 14, 1991, the City Council requested an ordinance regulating real estate signs, based on a Cottage Grove ordinance. BACKGROUND On January 13, 1992, the Council asked the St. Paul Area Board of Realtors to review a proposed ordinance. DISCUSSION The proposed ordinance does the following: 1. It changes the definition of billboard and real estate sign and adds two new definitions for on-site and off-site real estate signs. 2 It changes the maximum size for on-site real estate signs. The maximum size for signs advertising single and double dwellings signs would be nine square feet. The maximum size for other on-site signs would be 64 square feet. The current ordinance bases the maximum size on the lot area. 3. It allows on-site, residential real estate signs to be within eight feet of the edge of the street. The current ordinance prohibits signs on the right-of-way. Most boulevards are from 13-15 feet wide. 4. It allows small off-site real estate signs on the street rights-of-way, but limits where and when these signs can be placed. The current ordinance does not allow private signs on the right-of-way. This ordinance also allows the City to dispose of any such signs that violate the ordinance. The current ordinance requires that the City give the sign owner thirty days to remove the sign. 5. It changes the maximum time that larger off-site signs can be up. The current ordinance limits such signs to six months. The proposed ordinance requires that the sign owner remove such signs when 90% of the project is built or rented. This ordinance also allows an off-site sign for rental projects. The current ordinance only allows such signs for the sale of a group of homes. RECOMMENDATION Approve the attached ordinance.. gob-2:realsig2.mem (5-a4) Attachments: 1 ordinance 2. Letter: Beard of Realtors 3 Letter: Builders Association 2 ORDINANCE NUMBER AN ORDINANCE CHANGING THE REGULATIONS FOR REAL ESTATE SIGNS The Maplewood City Council approves the following. changes to the Maplewood Code of Ordinances: (I have underlined the additions and crossed out the deletions.) Section 1. This section changes section 36-230 (Definitions) by adding definitions of billboard, ground sign and real estate sign and adding two new definitions as follows: Billboard • A An ee-0-3.�.,.�,; sign that advertises eree�-�' a product, event, person, institution, activity, business, service or subject not located on the premises on which said sign is located. This definition Shall not include an off-site real estate _sign of sixty-four ( 64 sauare_feet or less . Ground sign: A sign attached to or placed on the ground,,, rather than a building %-M *QQ ; �, �f „��r i �r��a ♦-�� - - � �&��4• ���• vii ��i�ri vvri lel ria A. %.&.W6 d6 7 Ni�4iiii �+�/L VW %.4 iii MVV/i�i� i . Off-site.real estate sign. A real estate sign that advertises a lot. group of lots or premises upon �which,the sign is not located. On-site real estate sign: A real estate sign that advertises the lot,, ---group of lots or premises upon which the sign is located, Real estate sign: A sign advert i s ina r -ria-i n -i n'—t a the sale, Tease or rental of real estate-IflL tzoo—r-app-.r4 J. Section 2. This section changes section 36-272 as follows: Sec. 36-272• Freestanding signs. 7 G _ � 7 O w �•' � % 1 � .. +.►�•• ••..,. i .. J_� • 3 • Attachment 1 (a) ----.A freestandinq sign shall be at least ten 10) feet from_ a, lot _line, other than a street right-of- (b) ight-ofw (b) A f reestandinq sign ,shall comply with the ;site trianale requirements in section 29-136. (c) A freestanding sign shall not project over public property or right-of-way _ except where specifically allowed in this cchapter. QTY 6 r. •; .,,, Section 3. This section changes section 36-307(12) and (13) as follows: (12) On-site real .estate signs, subject to the following requirements:496 , a . For L s incjle_ _ or _ double-dwel l ina lots, there shall be. no more than one such_ n along each street that the lot fronts on . The maximum sign area shall be nine ( 9 quare feet. Such signs may be on the right-of-way.,_ but shall be no closer than eight (8) feet to the_edae of a street or two (2) feet to a sidewalk or trail, b .. For all other types of property, the combined area of all such signs fronting upon each street which bounds such lot or group of lots shall not exceed a ratio of one square foot of sign area for each one thousand (1,000) square feet of lot areaboa,��- .... �.�... T.,No one sign however, shall exceed sixty-four (64) square feet. No Person shall place such a sign on a_public right-of-way_ e . The sign owner shall remove the s iqn � -e=t- etc ,-0 0 s: --baes. ***v -v.. within seven (7) days after the lease rental or e- closing date of the real estate that the sign .is adverti.si,n. (13) Off-site real estate sians : subject to the following requirements_ a. Off-site real estate signs of three (3) square feet or less may be placed on the public right-of-ways No part of such signs shall be closer than six (6) feet to a street pavement or two (2) feet to a sidewalk or trail. The Citv shall only allow such signs from 12:00 Noon until 8:00 p.m 1 onl,weekdays and ^from 6:00 _a.m. on Saturday until 8:00 p.m-., on the last day of a weekend. The City may dispose of any such_Isigns that violate the requirements in subsection 36-307(.13)(a). b. The Citv shalll.only allow off-site real.estate sians of more than three square feet that advertise houlsng developments. Each housing development shall have no. more than one such sign. The maximum area of anysuch ��_II_�..I�-.�.I.1_I I I sign shall be sixty-four (64). sc„uare_ feet If the s ian is for a for-sale.development the sign owner, shall remove the s ign I . when atl least „ ninety l(900)percent of the dwelling units approved by the City.have been built. If the sign is for , rental units, the scrn owner shall remove the sign whenl ninety ,_(9 0) loercent or more of the units have been rented. Such signs shall not be on the Public , right-of-way and . shall be subject to. I the s-etbacks in section 36-272 (b)_ and 29-136. 4— b-0 %mo ,�_ �6.03—�,r}, ,-6. 46. % 0 Section 4. This ordinance shall take effect after its passage. Approved by the Maplewood City Council on , 1992. go/b-2:realsig2.mem (5.4) St. Paul Area Association of REALTORSo andMULTIPLE LISTING SERVICE 325 East Roselawn Avenue • St. Paul MN 55117 Phone: 612 774-52.46 • FAx: 612 774-1177 1992 Officers PRESIDENT Dan Sullivan, GRI PRESIDENT-ELECT Michael Wood, GRI SECRETARY Robert Peltier TREASURER Scott Barraclough IMMEDIATE PAST PRESIDENT Don Maietta 1992 Directors Jeanine Boyd, GRI, CRS Henry Brandis, GRI Roger Claybaugh, GRI Patrick Igo Barbara Jandric, CRB Patrick Jones, GRI Patrick Kinney, GRI, CRS Gail LaShomb Kathy Madore, GRI Missy Thompson Stephen Townley, GRI Anne Waters Scott Zitelman National Directors Michael Muske, GRI Beverly Schow State Directors Henry Brandis, GRI Patrick Kinney, GRI, CRS Michael Muske, GRI Beverly Schow Dan Sullivan, GRI Michael Wood, GRI Executive Vice President Keith O. Holm 03 REALTOR®R April 22, 1992 Geoffrey Olson Director of Planning City of Maplewood 1830 E. County Rd. B Maplewood, MN 55109-2797 Dear Geoff, A tit Lj y++++ EFF ` Thank you for bringing together Ken Haider, Public Works Director and Ken Collins, Chief of Police, to meet with myself and representatives of the real estate industry to discuss placement of residential real estate for sale signs. Based on our meeting and the draft language I have seen in the proposed ordinance establishing an 8 foot set -back from the side of the road for placement of the on-site signs, it appears we have reached agreement. We understand this is the edge of the sign that should be placed at least 8 feet from the side of the road and in the case of a side walk, the edge of the sign is two feet behind the sidewalk. The language on the open house signs is also as we had discussed. I will not be able to attend the Maplewood Design and Review Board meeting on Tuesday evening but there will be other representatives from the Association available. Sincerely, i Karen Christofferson Government Affairs Director C� Attachment 2 EQUAL HOUSING OPPORTUNITY MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA APRIL 28, 1992 1. CALL TO ORDER Chairper on Moe called the meeting to order at 7:01 p.m. 2� ROLL CALL Donald Moe Present Marvin Erickson Present Michael Holder Present Marie Robinson Presen Bruce Thompson Prese t Scott Wasiluk Abs t- 30 -3. APPROVAL OF MINUTES a March 24, 1992 Boardmember Eric on m ved approval of the minutes of March 24, 1992, as su .fitted. . Boardmember R inson secon ed Ayes --Moe, Erickson, Holder, Robinson, Thompson 40 APPROVAL OF AG/NDA Boardmember older moved approval of t agenda as submitted. Boardmemb . Erickson seconded Ayes-- oe, Erickson, Holder, Robinso Thompson 5. UNFINPSHED BUSINESS 6. .DESIGN REVIEW a. Code Amendment -.Real Estate Signs Secretary Ekstrand presented the staff report explaining that the City Council has requested an ordinance regulating real estate signs. Pamela Backer, Builders Association of Minnesota, said she is in agreement with the proposed ordinance and it will be supported by realtors. Boardmember Thompson moved adoption of the ordinance changing the regulations for real estate signs, as presented in Attachment 1 of the staff report dated April 21, 1992. Boardmember Erickson seconded Ayes --Moe, Erickson, Holder, Robinson, Thompson X .. 1 3 Action by Council.: AGENDA REPORT Endorsed Modiiied,:.� Re j ected Date TO: City Manager FROM: Assistant City Manager &,N/r, M, 0() RE: BUDGET TRANSFER REQUEST -ADA COMPLIANCE SURVEY DATE: May 18, 1992 INTRODUCTION On July 26, 1990, the Americans With Disabilities Act was signed into law. This Federal law requires that governments survey their facilities and programs to assess the accessibility for persons with handicaps and to bring existing buildings and programs into compliance with ADA requirements. The purpose of this report is to request that the City Council authorize the City Manager to enter into a contract with JuleeQ uarve- Peterson, Inc. to provide such a survey and to designate $7,250 of the Contingency Account to fund it. BACKGROUND ADA is a civil rights law; it is not a building code. The goal of the ADA is to provide a clear and comprehensive national mandate for the elimination of discrimination against persons with disabilities. Its intent is to end exclusion of handicapped persons from buildings, participation in programs, receipt of services, and employment. There are specific sections of ADA that relate to local governments. Title II of the ADA prohibits a government from discriminating against a qualified individual with a disability with respect to its services, programs, and activities. The effective date of Title II was January 26, 1992. To accomplish compliance with Title II, the City of Maplewood must conduct an accessibility audit or a self-evaluation. This is basically a walk-through of all existing facilities that are owned or leased, and an evaluation of the programs and policies to see if there are barriers for access and participation to individuals with disabilities. The self-evaluation must be completed by January 26, 1993, be in writing, and be made available for public inspection for three years. If barriers that require structural changes in facilities are identified in the self-evaluation plan, then a transition plan must be created. Thisplan: identifies the physical obstacles that limit accessibility of programs and activities (i.e. an undersized door or lack of communications methods for sight impaired people); describes methods to make the activities accessible; sets out a time line for reaching compliance; and names the persons responsible for implementation of the plan. Disabled persons must be given an opportunity to review the plan and participate in its development. We have contacted some handicapped Maplewood residents who would like to assist us with thisp lan. The tn.nsition plan must be completed by July 26, 1992. Since the provisions of ADA are different from State building code, staff felt that an individual with knowledge and familiarity with Federal ADA provisions was needed to help us with the required evaluation. Two proposals were obtained from consultants to assist the City with the self-evaluation and creation of the transitionp lan. Copies of P those proposals are attached. Julee Quarve-Peterson is highly recommended by other cities as well as contract employees associated with our Building Inspection department. RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a contract with Julee Quarve-Peterson, Inc. to provide a survey of the City's facilities and programs for compliance with the Americans With Disabilities Act; and to authorize a budget transfer of $7,250 from the Contingency account (101-119-000-4910) to the General Government Miscellaneous, Fees - Consulting account (101-119-000-4490) to fund this survey. 2 jullee quarve - peterson, inc. r3 JJ?1('( 1 � accessibility specialist, "504" consultant PROPOSAL TO CITY OF MAPLEWOOD, MINNESOTA FROM JULEE QUARVE-PETERSON, INC. Julee Quarve-Peterson, Inc. ("JQP, Inc.") proposes to provide consulting services to the City of Maplewood, Minnesota for the purposes of compliance with applicable codes, laws, and guidelines pertaining to accessibility for persons with disabilities. JQP, Inc. is uniquely qualified to assist Maplewood in a review for compliance with the Americans With Disabilities Act requirements of 1990 due to extensive work with other communities and training. JQP, Inc. proposes to conduct the following specific activities to assist the city in fulfilling its .ADA. and 504 :regtdrem.ents: 1. On site survey of properties as provided. NOTE: Lift stations, radio towers, water towers, and pump house will not be evaluated. ■ City Hall ■ Fire Stations (3) ■ Public Works Building ■ Maintenance Building ■ 33 Parks and Associated Structures 2. A report overview of those issues requiring upgrading as required by 504 requirements and overview of those issues determined to be "readily achievable" by ADA. 3. Keynote building plans and site plans illustrating locations of noncompliance. 4. An updated resource guide on suppliers and vendors of specialty equipment and services will be provided. 5. A presentation to city staff and city council if requested. 6. Assistance with coordination of other consultants and staff regarding issues of sensitivity training and employment issues, The fee for the above -listed consulting services is $6,400 plus expenses of 28(,N per mile, copying at cost, and secretarial services at $18per hour. Total not ex ected to exceed p $7,250. (A $500 retainer fee is required.) Resp lly submitted, Ju e Qu`tr�e-Peterson President of Julee Quarve-Peterson, Inc. Date: p.o. box 28093, crystal, minnesota Authorized Signature for City of Maplewood Date: 55428 612-553-1246 Fr­� �rii : j q—F, Pat--. 18. P-39`. t_ 4 : PH F'o l Julee Quarve-Peterson F.Q. Box 2$093 Crystal, MN 55428 612/553-1246 JQPi , Inc. (urystai, M[v) I 1 "504" Evalua.t iotls Assist cities, counties, school districts, colleges, Housing Authorities and Medical Facilities to conform with "504" l�andieap accessibility requirennerits. Market and complete work required by contracts, which includ s site surveying of fAq�liIiVG, reWi0iing documents, training, wtd b►,l)Cr%q`sing support staff, and polishing final report. On -Site Evalt4allons atzd Reports Provide technical assistance, on-site surveys, document review, training and pre$c privation sessions, and promotional information regarding handicap access issues to private corporations, educational institutions, and public park systems, Survq 1 mstrrl.rtt eats Develop forms and provide. training to help organizations collect, analyze, and prioritize issues of her-essibility. Notable. clients include Minnewta Department of Adininigtration's "Access'92," a miltewidt; project involving evaluation of over 4,500 sites, Noneywcll Corporation illvolvifig evaluation of 489 plants nationwide, and Minnesota Department of Education. Seminars grid Courses Conduct seminars on access issues including State and Federal laws, building codes, product availability, and policies. Instruct courses at public u11iver6itics, private organizations and corporations, municipalities, and park organizations. Platz Re;piew Subcontract to City of Minneapolis Building Inspections Department to review plans, provide in-house training, and assist in formulation policy conGerning Minnesota Building Code 1340. Legal Testimotty and Experience rrovid� cxp1 jt witiws5 dept sill ?ns Fuld rnse.Arch io several law firms, regarding the hoofing needs of clients disabled as a result of personal or work-related injury. Notional Handicap Housing Institute (Robbinsdale, MN) A5istant director _1228- 1984 Surveyed approximately ho(e) facilities (churches, municipal buildings, schools, medical facilities, private businesses, public: housing, private hones) fory, DeYeloped working drawings And Specifir..ations as part of designing retrofit, for facilities. Dtrv�,itlped accessibility dr.sign criteria and consulted with architectural firm on construction, product specifications, marketing, and management for appro>�mately 300 units of barrier -free housing. ■ Marketed and managed 60 units of subsidized, accessible housing for persons with disabilities. F i- ern : i -=i —p Client Lusting A lee Quarve-Peterson i n l - cram n cili i Fond Du Lac Indian Reservation (Cloquet) State Capitol Cafeteria 146nne in County Parks Ys1en, . State of Minnesota: "Acce$s '92" Mimicapolis Armory Vetermuis Administration Hospital (Hast4W) , "YA���Qn�le -050" SfibQ Albert Lea School District Orono ,School District Byron School District Gt tonville School District Caledonia School District Roseville Arca Schools Hopkins School District St. Paul School District LeSueur School District South Washington County Schools Minneapolis School District Spring Valley School District Minnetonka School District Walker/Hackensack School Distract Moorhead School District Waseca School District Northbranch School District Worthington School Districts "qW" Kyajunfions - P on uti n Carleton College (Northfield, MN) College of St. Catherine (St. Paul, MN) 15M" M11 Brooklyn Center, MN Fridley, MN Frc borne County, MN Brooklyn Park, h4N Robbinsdale, MN Meeker County, MN Carlton County, MN Cook County, MN Will"lar, MN Kandiyohi County, MN Renville. County, MN New Hope, MN Inver Grove Haight -i, NIN Olinstt:d Cuu„ty, MN Grand Marals, MN Cloquet, MN Winona County, MN Chippc;wa County, MN Rice County, MN Jordan, MN Duluth, MN Carlton, MN in Honeywell Corporation Pillsbury Corporation Sperry Univac Corporation Target dical Facilities Eagle Nursing Home, Inc. (Bloomingtoll) North Memorial Hospital (Minneapolis) Mayo Clinic (Rochester) Sister Denny Instituto (Minneapolis) Mercy Medical Center (Coon Rapids) .St. Mary's Hospital (Rochester) Midway Hospital (St, Paul) Upiversity of Minnesota Hospitals Mounds Park Hospital (St. Paul) St. Paul Ramsey Hospital (St. Paul) Children's Hospital (Washington, D.C.) Others Anoka County Fairgrounds MinneapoiisBuildingInspections Department Centro Cultural Clotumu Minnesota Mate Fairgrounds Courage Center "Rosidence" Mower County Fairgrounds Honeswell Product- D8�igrd ROcarch Team multilpic. sdurv5i5 Society Mankato State Univc;rsity Dormitories United Methodist Church Task Y;orre Minneapolis Public Housing San Francisco Maritime A Alldits_ Towle Real Estime Circus Circus c es Pro ertiRcno p Compas Managernent and Leasing Las Vegas -2- From : j q -p Pla r . 18. 1'345-1-22 t_ 4 : 9 PI -1 Min'lesota Slate Council for the Handicapped St. Paul MIST ces t. lig .. 80 Provided information and referral to general public and professionals on accessibility issues; .into r reted current Federal and State. building codes concerning barrier -free desi • lead ir xung sessions on surveying skills, code, interpretation, and general design recommendations to interest groups (churches, human -rights commi&sions, clubs, and organizatiolts.) Supplied design rerornmendations, product spacificutions, working drawings, 40b! Cstimaics, and funding sources for facilities survgvd. Researched products and evaluated their accessibility features. Coordinated statewide International Year of Disabled Persons. University of Minnesota B.S., Housing Design C )ndergraduate. Tresis: "Housing Minnecota's Handicapped" ASSOdAfiOIIS National Council of Examiners for Engineering and Surveying Publirmflons Author: 771e Accessibility Book: A Building Code Sllll ma.' y and Products Directory (1989) Author: Sial IC S01116011S to Difficult Problems of Handicap Access (1987) Consultant to production of video: "Removal of Archi1ectural Barriers in Schools" Rei"e*ences ftimished tipon l�e�t.tesl. 1492,5 Notley Road - Silver spring, hK 2D905 . �VIa 11 '1992 " . ; . � j 384-2 (voica, Fax or TT3D) t s • J -0 t - J ' Lich` • Assistant City NIanaizerr S r a f City of Maplewood id {. .1830 East County, Road.13 _ Maplewood, MN 551 w r ,Y. Dear Ms. Allagl�eh. _Universal Desi ens 8� Consultants,= Iric; would be leased to a silt the ^ , City - cif Maplewood . in developing a ;comprehensive . res - onse to the requirements ,'of. the ;Americans with Disabilities Act... our ex r ence in the, area of .-accessible design is unparalleled. ;' We also br ng a d�.rect knowledge of the latest ADA .l f• , •• *: terpretations by federal oven hent encve to ether with a sensitivi for the service and b�usess nature of y°' operations.. ; - rnon its: other activities, LTD&C .is currently. workin in conjunction with. the - g y -g , l +' = rnerican Hotel ,& M6tel :Association under a ant from the US Department of r !wticeo delMopa woluntar conn lance manual and industry wide training T gentlnars for.the. Ii6spitali iridus . , Thins r©'ectprbvides UD&C� and it's clients ty:'Y p l ` f wit1. h unique a ces �o the federal • ADA � regulatory and 1 �nf orcerr�ent -agencies. ?' believe that upon re -view of our credentials, you will' agree that UD&C can provide ADA consultation services that 'are unequaled.,* UD&C services are. _ -availble to. assist the C of Ma le vood ::with its action. tan for coming into 1 compliance with �thp. ADA. t �I'le se refer 'to th attached sco a of Work/ Fee Schedule for su Y "ested tan of - + a _ e p gg p ` . Action based ' on . our recent cen ersation: _If : -these terms are. acc-eptable, please Sign _ ` one, copy of letter, the' attached Scope of Work/Fee Schedule and the General k , _ •;, Conditions, and re# n Alis igned ,doe lents with a payment .of $1.000 O .w h X. . . 41 ywill act as a -ret finer our firm.a. _ l '! - •; ... •_. ' - ... Vit_ '••,:7 ♦ ,f'i. a• -- t ,_^' ♦+ ` - , ' .1 '- - � •. • - a . c.'' _ 44 ... t . - _ 1 .•t• , 1a-''1, r ♦ .t . a.- f ,' .f .. - ' i a . .. f - '. • ' T '` ', .,', f '` _ is ' . ' `3 • .L .. ` ` t `• � • : ••. ;}. y .,r S '' •,.. - -' •,t' f ' �• , • >~.. _ ,• .; • • ` iTniversal DeBignera dz Cons. ltanto, Inc. t'. ,. i,, J -!` li• : f' •1 ' ,• f 1 ./• I , ' .1. T . . • . ; • ! I f / t . • • • • • I .••b - r'f` r - ai {tt r ,tt i. !•' - a.•,. - n .f , i - '. 'l. .. ••I i • r 1 if you have any.. concerns or questions,, or would Like to see any modifications to y y q thisp roposal, please feel free to contact me or Harold Kiewel. We look forward to working with you on this project. Sincerely, J P.S. Saimen, AIA esident Agreed to y:: Gretchen B. Maglich City of Maplewood date Universal Designers & Consultants, Inc. Page 2 Scope of Work/Fee Schedule 1. Program Evaluation Form The document developed under this portion of the work would be a questionnaire that program managers could use to compile and record the information required to determine whether or not the program is operated in compliance with the ADA. The form will be tailored to the nature ;and scale of programs offered by a municipal government. The information gathered through this form will be the basis of the self-evaluation required by Title II of the ADA. 2. Briefing This 1/2 day .meeting would be held at a site of your choosing. Attendees would include municipal program managers, civic officers and officials,. and others who wvould be involved in the compliance process. The purpose of the meeting would be: a. To provide an overview of the ADA requirements under Title I and Title H. Each title would be presented in an overhead projector/slide presentation aimed at familiarizing the attendees with the issues, concepts and terminology of the regulations. b. To discuss specific programs, operations, facilities and human resource strategies and concerns. C. To review the program evaluation/ survey form, so that personnel will have a consistent understanding of terminology and intent. d. To develop a proposed course of action and timeline for completion of tasks and reports. 3. Facility Evaluations. There are 19 properties owned and operated by the City; approxirrtately 1/2 are park shelters and related facilities, 1/4 are civic buildings, and 1/4 commercial properties, such as fire stations. a. A facility evaluation involves a walk through of the facility by a representative of UD&C with a person who is knowledgeable about the facility and its operations. A chief engineer or general manager is usually required,. It is also helpful .if plan diagrams or architectural drawings of the facilities are submitted to us prior to the walk throughs to enable us to develop an efficient and systematic approach. Universal Designers & Consultants, Inc. Page 3 b. After the walk throughs, we would develop reports that itemize architectural and communication barriers in the sites. This list will be based on either the UFAS or the ADA -AG, at your advise. Public entities are permitted to chose. The UTAS is the design standard required under Section 504 of the Rehab Act of '73. The ADA -AG is the design standard promulgated under the ADA of 1990 for public accommodations. 4. Developing a Transition Plan a. After the building evaluation reports have been completed, and the program evaluation forms have been submitted by your managers, UD&C will provide technical assistance in the development of your transition plan.. The plan development will use a program/ activity - to-. site matrix to identify architectural and communications barriers that can not be relieved by administrative actions, andp rioritize them into a three year plan. UD&C will develop the relatrix and train your staff in its use. The matrix will allow the identification of barriers that must be placed on the transition plan. This plan is the document that presents the City's three year plan to assure full compliance with the ADA. b. UD&C would review the final document you develop to help assure that it includes the critical elements necessary for effective implementation. We can also assist with the identification of local persons with disabilities to assist with the evaluation of the transition Plan. 5. Fees For Services a. The program evaluation questionnaire will be developed at a cost of $1.,000, which includes the first 75 copies. Additional copies will be p p provided upon request, and billed as an expense. b. The briefing will be presented at a cost of $1,000, this includes hando►- s for up to attendees. Additional copies of handout materWs will be provided upon request and billed as expeense. c. The facility evaluations, facility reports and technical assistance will be billed at the hourly rate of $100, not to exceed $750 per day. The cost of a facility evaluation and its report depends on the size of the property and/or the number of programs and/services provided. It is anticipated that the evaluation of civic and commercial properties Universal Designers & Consultants, Inc. Page 4 will bill at $1500 to $2000, and that park shelters and related facilities at approximately $1000. d. You wiff also be required to cover direct expenses incurred by UD&C representatives in connection with our work on this project. Eligible expenses inside t°aveleage, cop�`mg service fees, film processing and similar expenses. e. Total charges for services described in the scope of services for this agreement will not exceed $35,000, without written authorization from the City for additional services. f. UD&C is prepared to start work on this proposal upon receipt of a .signed copy of this proposal and the retainer fee. This work can be completed on or before July 20, 1992 if this proposal is signed and r lumen by June 1., 1992. 6. Additional Services by UD&C, if reqY Y requested b the City, will be billed at the hourly and/or daily rates quoted in paragraph (c) above, as applicable. Additional sites that are added to the scope of work b the p Y results of .the program evaluations, will be construed as additional work and charged accordingly. Y . If UD&C is requested to aid in the evaluation or g +� completion of program evaluation forms, such work will be bulled as additional services. Other services which UD&C is able to provide include budget estimating of schematic barrier removal projects, the preparation of graphics, or conducting presentations to otherrou s such as citizens' g p groups or at a Council meeting. We are also available to discuss employment related concerns such as writingproper job descri tions or p pp Locating auxiliary aids. Agreed to: for: the City of Maplewood date by: Gretchen B. Maglich Universal Designers & Consultants, Inc. Page 5 TERMS AND CONDITIONS OF THIS AGREEMENT 1. GENERAL UD&C agrees to perform its Services in accordance with generally accepted standards of professional skill and. care in advising the Client with respect to compliance with the ADA and the applicable regulations issued by the U.S. Attorney General under the authority of the Americans with Disabilities Act (ADA) of 1990. However, the ADA is a relatively new and complex law which contains many concepts and terms of art yet to be thoroughly tested by actual experience or defined in the courts with respect to particular factual situations. Accordingly, UD&C makes no claim, or warranty express or implied, that, in performing the Services, it will identify every barrier to individuals with disabilities whose modification or removal might be required by the ADA or whose non -removal might result in a lawsuit or other action under the ADA. 2. COMPENSATION FOR SERVICES AND REIMBURSABLE EXPENSES If the scope of the Services is changed materially, the amount of compensan to UD&C shall be equitably adjusted. Reimbursable Expenses are in addition to the compensation for Services and consist of aotuaf eVendf es madbtry. UD&C and its employees in conjunction with the Services. .The Client shall reimburse UD&C for Reimbursable Expenses ad a mtdfoe, of 1.06 des the amounts expended. The Client -shah pay UD&C for Services and Reimbursable E es within I (10) days atter receipt of the invoice Payments due and unpaid by the Client under itis Agreement hail be subject 1a a service oharge from the date due at the rate of 1.5% per month until paid. 3. CERTIFICATIONS Any and all forms of Certificates, if any, which the Client requires to be signed by UD&C are to be submitted at least 14-21 days in advance. The Client hereby agrees to reimburse UD&C at cost for attomeys' fees for reviewing and modifying the certificate. language. UD&C reserves the right not to sign Certificates which UD&C or Its attomey$ ,deem inappropriate for ,any reason. 4. CONSTRUCTION COSTS Evaluation and estimates of oonstruction costs, if any, prepared by UD&C, represent the judgment of UD&C as a design professional familiar with the construction industry. It is reraognized, however, that neither UD&C nor the Client has control over the cost of tabor, materials or equipment, over contractor's methods of determining prices or over competitive bidding, market, or negotiating conditions. Accordingly, UD&C .does not warrant or represent that actual construction costs will not vary from an evaluation .or cost estimate prepared by UD&C. S. OWNERSHIP AND USE OF DOCUMENTS All documents produced by UD&C under this Agreement are instruments of service and UD&C shall be considered their author and shall own and retain the copyright in them. The Client shall be entitled to own a copy of such documents and shall have a nonexclusive license to use, copy and reproduce them for Client's internal purposes only and may not . sell or otherwise exploit said documents. Such license shall not be transferable except with UD&C's written consent, and shall become irrevocable upon payment in full of all amounts due UD&C under the Agreement. .6. LIMITATION OF LIABILITY The Client hereby agrees that, to the fullest extent permitted by law, the tots; liability of UD&C to the Client and all others for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of the Agreement or its breach, from :any cause or causes shall not exceed the metal amount of Service fees collected by UD&C pursuant to this Agreement, exclusive of expenses. Such causes include, but are not limited to, negligence, errors, omissions, strict liability, breach of contract, and breach of warranty. The Client agrees to defend, indemnify and hold UD&C harmless from all claims for liability in excess of the limits set forth above, for injury or ions sustained or alleged by any person or entity, whether a party to the Agreement or not, and allegedly arising out of -the performance of Services by UD&C. In no event will UD&C be responsible to the Client or any other person for consequential or economic damages. The Client shah promptly raNy UD&C of any faults or defects, or suspected faults or defects in Services so that UD&C may if in its opinion there is a defect take action to correct such defect which, in the opinion of UD&C may minimize the consequences of a defect in the Services. The Client shall also notify UD&C on the Ming of a lawsuit under the ADA, if any, which in any way results from Services performed by UD&C under this Agreement. 7. MISCELLANEOUS PROVISIONS This Agreement shall be governed by the laws of the state of Maryland. The person(s) signing this Agreement on behalf of the parties hereby individually warrant that they have full legal power to execute this Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions contained herein. UD&C assumes no duty or responsibility under this Agreement which may be constructed as being for the benefit of, arvJ thereby enforceable by, anyone other than the Client. S, TERMINATION OR SUSPENSION This Agreement may be terminated by either party upon written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. If services are terminated or suspended, UD&C shall be compensated for all Services performed prior to the receipt of written notice from the Client of such ten nation or suspension, together with Reimbursable _Expenses incurred through the date of receipt of such notice. 9. SUCCESSORS AND ASSIGNS This agreement is binding upon and inures to the benefit of the Cgent :and UD&C, and #heir respective successors, assigns, and legal representatives. The Client shall not assign, sublet, or transfer any interest in this Agreement without the written consent of UD&C. 10. NOTICES All notices pertaining to this Agreement sW be either (t) hand4elivered, (il) sent pose pngWd by metered or certified first-class mail or by express mail,. (til) to copied(to be promptly ld Vwed by an exp odea f copy), or (W) by a reputable overnight delivery service such as Federal Express (Coin,, addressed te Ctierd or UD&C, as tie wase :may be. 11. EXTENT OF AGREEMENT This Agreement including these Terms and Conditions represent the entire and integrated agreement between the Client UD&C and supersede all prior negotiations, representations, or agreements, either written or oral, with regard to their subject matter. This Agreement and these Terms and Conditions may be amended only by written instrument signed by both Client and UD&C. Universal Designers & Consultants, Inc. Page 6 INVOICE FOR SERVICES EXPENSEREPORT May 11, 1992 Universal Designers & Consultants, Inc. Tax Identifikation # 521747875 Project ADA Compliance Support, City of Maplewood Pen*od: Advance/ Retainer Fee Invoice amount Services Advance payment/ retainer fee $1000.00 TOTAL DUE $1000.00 Ti Y • '4 i qIVY1 TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Ordinance: Building Plan Review Procedure DATE: May 7, 1992 INTRODUCTION Action by Cou.ncil.. Endorse Modified--- Rejected---- Date d_--RejectedDate The City Council requested an Ordinance that would limit the people who could appeal the staff approval Of minor construction plans and single dwellings. The current ordinance allows anyone to appeal a staff decision within 15 days of that decision. The Council raised this issue because of a delay in the .construction of a new home for Mr. Rick Westberg on Hazelwood Avenue. Mr. Westberg wanted to build his home further back than the maximum 35 -foot setback required by Code. Staff approved the setback after the adjacent neighbors said they had no objections. Several council members wanted to add this request to the next .agenda, so Mr. Westberg would not have to wait 15 days for a decision. However, we had to wait the full fifteen days in case anyone else appealed. BACKGROUND Under the current procedure, the director of community development makes the first decision. The director Only notifies the city council about this decision. However, the ordinance allows anyone to appeal this decision. An appeal must be made within fifteen days after the director sends a copy of the approved plan to the council. If there is an appeal, the director sends the appeal to the community design review board. Anyone may appeal the board's decision to the council. They must appeal within fifteen days after the board's decision. DISCUSSION The current ordinance allows anyone to appeal the director's decision. This causes a delay when the applicant and the cit council agree not to appeal the director's decision. We must still wait the full fifteen days to see if anyone else appeals the decision. An appeal from anyone else is unlikely, since I only notify the applicant and the council. The proposed ordinance does the following: 1. It limits those who can appeal a decision on a minor construction project to the applicant, community design review board and city council. The ordinance limits those who can appeal a decision on a single dwelling to the applicant and council. 2. It sends an appeal_of a single dwelling directly to the city council. The current ordinance requires that the community design review board review the appeal first. 3. It only requires a community design review board application for projects that will be reviewed by the board The current ordinance requires an application for all projects, including those that only need staff approval. 4. It allows the director of community development to determine the application requirements. The current ordinance specifies several requirements, many of which have changed. Some current requirements, such as a mailing list, are not included in the ordinance 5 It .establishes a fee for planning staff reviews of plans. The current fee is the Community Design Review Board fee of $115. The proposed fees are similar to the fees we now charge for other planning staff reviews, such as variances and lot divisions. RECOMMENDATION Approve the attached ordinance. go b-2 : appeals.mem (5.3) Attachment: Ordinance K ORDINANCE NUMBER AN ORDINANCE CHANGING THE PROCEDURE FOR REVIEW OF BUILDING PLANS The Maplewood City Council approves the following ordinance: (I have underlined the additions and crossed out the deletions.) Section 1. This section changes section 25-65 as follows: Sec. 25-65. Approval of plans. (a) The director of community development shall review all plans for minor construction. The director shall also review plans for single dwellings, where required by Code. The city council shall define minor construction by dollar valuations set by resolution, from time to time. Before approving thelans h r the director must determine that the plans meet all city ordinances and policies, including the design standards in section 25-70(b). The director may send any plan that he or she reviews to the community design review board. The director shall send a copy of any approved plan to the city council. (b) Only a city council member,=, ommunity_^design review board member or an applicant may_ appeal the director's decision about a minor construction project. only acity council member or an applicant may appeal the director's decision about a single dwellin ro'ect. ' --ha . A. %W VV �a An appeal must be received b the director of community development within fifteen (15) days after the director sends a copy of the approved plan to the cit council. The director shall send an appeal of a minor construction prof ect to the community, design review board _._ The board's decision shallr be final, unless someone appeals it to the city council within Lfifteen (15) days after the board's decision. The director shall send an appeal of a single dwelling to the city council. The effected parties may waive their right to a i een-day appeal by informing the director. of,community development. (c) The community design review board shall review all other plans. The board's decision. shall be final, unless someone appeals it to the city council within fifteen (15) days after the board's decision. However, no person shall revise a plan that the city council originally approved without their approval, (d) This section shall not apply to interior construction, repair, maintenance, underground tanks or the same -style replacement of building parts, such as a new roof, door or windows. 3 Section 2. This section changes section 25-68 as follows. Sec. 25-68. Aoolication. ' All persons required to submit building or remodeling plans to the community design review board, includina apoeals . 3UHRde'.a..%.P.La�-� .= shall submit a community design review board application to the director of community development. The filing requirements shall be determined by the director of community development,. A . fee,, but no application, is Lrequired for plannna staff reviews of single dwellings and minor construction prod ects �,.A.=LL 04 r404 +.],,. .l.., , ..♦., ,_ -_VW _ _i.4.. :1=*, s-- l M i AIM '11OW-121 9 M _ _ _ _ 10—M. _ _ V M qLwp aw al r v qLwvm aw o 9 Ar w v 9 il qw Al awXVTWs lig IP • s T —v AM MW Nlllllll� W7 V � W • .r = ��'_' L�1;f M J ( 1, 1 r en-�- •re An . il % =rea r• f M J= ; i ; 4. ; r. ,.. a --areas.— A. %m# -16 �.,TTT x x a l h; r"r%.l am. %w# 1 1 1 w +� w �. TI =j +� 1 /y am 7 3M4-4*A— y� A fir• R'1 r--___---- _ s-- l M i AIM '11OW-121 9 M _ _ _ _ 10—M. _ _ V M qLwp aw al r v qLwvm aw o 9 Ar w v 9 il qw Al awXVTWs lig IP • s T —v AM MW Nlllllll� W7 V � W • .r = ��'_' L�1;f M J ( 1, 1 r en-�- •re An = I = = Awaxim ;e= e a i e 4- xxA ;4 ALLtnLr'�-A. 1All J6 _-.1 a ti. ,. 34 a .. a.. rd -o #r�1 rs._.np i r1& & ♦VW J6 UP&A l 3Q CS M 11111 I%.oLledl 0 Section 3. Add the following fees to section 36-20(a): Planning staff review of single dwellings _ ... _$57 Planning staff review of minor construction ,_prof ects .. $85 Section 4. This ordinance shall take effect after its approval. Approved by the Maplewood City Council on , 1992. 5 MINUTES of T�iE XAPLEWOOD COMM MI TY DESIGN REVIEW BOARD 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA MAY 12, 1992 1. CALL TO ORDER Acting Chai erson Robinson called the meeting to order at 7:08 p.3n. 2. ROLL CAIS. Donald Moe Absent Marvin Erickson Absent Michael Holder Present Marie Robinson Present Bruce Thompson Prese V. Scott Wasiluk Abse 3. APPROVAL OF MINUTES a. April 28, 1992 Boardnember Thomps a owed approval of the minutes of April 28, 1992, as subm' to Boardmember Hol r secon ed Ayes --Holder, Robinson, Thompson 4. APPROVAL OF AGEND Boardmember Thom son moved approva of the agenda as submitted. Boardmember Ho der seconded Ayes ---Holder, Robinson, Thompson 5. UNFINISHED J$USINESS ` f. DESIGN REVIEW a. Code Amendment -- Appeal Procedure Secretary Ekstrand presented the staff report and discussed with the Board the proposed code amendment that would limit the people who could appeal the staff approval of minor construction plans and single dwellings. Boardmember Holder moved approval of the ordinance changing the procedure for review of building plans. Boardmember Thompson seconded Ayes --Holder, Robinson, Thompson 7. VISITORENTATIONS There we no visitor presentations. TO: FROM: SUBJECT* DATE INTRODUCTION MEMORANDUM City Manager Ken Roberts, Associate Planner Truth -in -Sale of Housing Ordinance March 5, 1992 TI--- s Action by Council. - Endorsed Modified effected Date - The City Council must readopt the Truth -in -Sale of Housing Ordinance before June 30, 1992 or it will end. The Council - adopted this ordinance on July 9, 1990, with a sunset clause that ends the program on June 30, 1992. The Council put the sunset clause in to set a specific time to review the ordinance. The ordinance has been in effect since January 1, 1991. DISCUSSION The Truth -in -Sale of Housing program is working well - we have enough inspectors and good participation by sellers. The City has 30 licensed inspectors - enough to provide fast service at' competitive rates. Most home sellers are participating in this program. In 1991, the Multiple Listing Service showed 346 residential properties in Maplewood listed for sale. That same year, inspectors filed 351 housing evaluations with the CitY4. Y In January of this year, I asked the Realtors Association and all Maplewood -licensed evaluators for comments about the Maplewood truth -in -sale of housing program. I received comments from only one evaluator. He made suggestions for some minor changes to the inspection form, which we have made. We also received a letter of support from the realtors' association. They suggested that the City advertise the program more through the Maplewood in Motion. We will include an article in a future issue. (See their letter on page 3.) The City has resolved several start-up problems. One was about whether the ordinance should apply to homes that sellers were already marketing when the ordinance went into effect. Another problem was determining the number of apartment units in a building to inspect. A third problem was a request to allow Minneapolis -licensed inspectors to work in Maplewood. The Council decided to continue with St. Paul -licensed inspectors only. Several people called with questions or concerns about truth -in -sale of housing in early 1991, but there have been few calls since then. Since the Truth -in -Sale of Housing ordinance is working well, I am recommending adoption of the attached ordinance. It is the same ordinance that is in effect. RECOMMENDATION Adopt the attached Truth -in -Sale of Housing ordinance. kr/memo79.mem Attachments: 1. Letter Realtors Association 2. Truth -in -Sale of Housing ordinance Amendment 2 St. Paul Area Association of REALTORS and MULTIPLE LISTING SERVICE 325 East Roselawn Avenue • St. Paul • 1 Phone: 612 774-5206 • FAx: 612 774-1177 s..... ( - t � i f ' i •s i � e 1992 officers March 5, 1992 PRESIDENT on the Truth -In -Sale of Housing ordinance in the city of Maplewood. Dan Sullivan, GRI PRESIDENT-ELECT Ken Robel'ts, Planner Michael Wood, GRI City of Maplewood SECRETARY 1 830 E. County Road B Robert Peltier Maplewood MN 55109-2797 r TREASURER know the law. Realtors i see this particularly when a property s offered for Scott Barraclough sale by the owner and then later listed with a Realtor& The property owner IMMEDIATE PAST PRESIDENT Dear Iden, Don Maietta course was not the intent of the law. anDirectors JeaninBo d, GRI CRS Thank you for inviting the St. Paul Area Association of Realtors® to comment Henry Brandis, GRI on the Truth -In -Sale of Housing ordinance in the city of Maplewood. Roger Claybaugh, GRI Patrick Igo Barbara Jandric, CRB We did discuss this issue briefly at one of our regular meetings several months Patrick Jones, GRI Patrick 'GRI, ago and only one suggestion for improvement was made at that time. The iaKinney, comment was that the cityshould advertise the program more throw their P g� � Kathy Madore, GRI newsletter or whatever communications vehicle they have so that consumers Missy Thompson Stephen Townley, GRI know the law. Realtors i see this particularly when a property s offered for Anne Waters sale by the owner and then later listed with a Realtor& The property owner Scott Zitelman thinks this is an expense they could avoid if they didn't use a Realtor& That of National Directors course was not the intent of the law. Michael Muske, GRI Beverly Schow I have also through our newsletter asked for Realtor@ response to the g p State Directors Maplewood system and to date we are under the clear impression the system Henry Beres, GRI CRS works well and serves the interest of the consumer and'the industry. It would Michael Muske, GRI seem that therocess should continue the way it is. P y Beverl Schow Y Dan Sullivan, GRI Michael Wood, GRI Please call if their are an questions I can answer. Your Commission and y Council should also know that we (city staff, Association staff, and P.ealtcr� b-@) Executive Vice President Keith O. Holm have had a successful relationshi in workin • together to make the process an P g g effective one in Maplewood. 113 REALTOR® Sincerel Karen C 'stofferson, Government Affairs Director cc: Government Affairs Committee St. Paul Area Association of Realtors® 3 Attachment 1 EQUAL HOUSING OPPORTUNITY ORDINANCE NO. AN ORDINANCE READOPTING THE TRUTH -IN -SALE OF HOUSING The Maplewood City Council approves the following ordinance: Section 1. Article XII, Truth -in -Sale of Housing Ordinance, is hereby added to Chapter 9 of the Code of ordinances. Article XII. Truth -in -Sale -of -Housing ordinance. Sec. 9-235. Purpose. The purpose of this article is to protect the public health, safety and welfare and to promote decent, safe and sanitary dwelling accommodations. To help accomplish this, the City is requiring the disclosure of housing information and defects as a condition of the sale of housing. City inspectors may use this information to require the correction of code violations. Sec. 9-236. Definitions. For the purpose of this article, the following terms are defined as follows: Adequate water flow: Enough pressure to maintain at least a one-quarter inch (1/411) diameter (pencil -sized) flow of water from each of at least three (3) or more plumbing fixtures at the same time. Contractual agreement: An agreement, written or otherwise, between a buyer and seller for the conveyance of, or the intent to convey, all or part of a housing unit or residential building. A contractual agreement shall include, but not be limited to, an earnest money contract, deed or purchase agreement. Housing unit: A single dwelling, a double -dwelling unit, a townhouse unit, a condominium unit (as defined by Minnesota Statutes), or any other attached housing unit designed for the occupancy of one family. A housing unit shall not include a manufactured home. Owner: A person having a vested interest in the housing unit or residential building in question. This includes his or her duly -authorized agent or attorney, before a sale. Residential building: A building containing one or more housing units. Sale: The conveyance of a housing unit or residential building to a new owner. 4 Attachment 2 Sec. 9-237. Applicability. This article shall not apply to any newly constructed housing or residential building when the title is conveyed to the first owner, except that no owner shall convey or contract to convey a newly -constructed housing unit or residential building without first providing to the buyer: 1. A list of the names, addresses and telephone numbers of all contractors and subcontractors who constructed the building. 2* The items in Section 9-238 (b) (2) (a, b, c, e, f, g, h and Sec. 9-238. Truth -in -Sale of Housing Disclosure Report. (a) An owner shall not show a housing :unit or residential building to a prospective buyer without publicly displaying and making available a truth -in -sale of housing disclosure report. This report shall be at the housing unit or residential building at the time of showing and within three (3) days of listing. A copy of the disclosure report shall be issued to the buyer before the execution of a contractual agreement. A copy of such report must be f iled within 15 days with the City to be valid. A double filing fee shall be collected by the City if the report is not filed within 15 days. (b) A housing disclosure report shall be prepared by the City. It shall include: (1) An evaluation by a City -certified housing inspector of specific parts of the building and property listed on the housing disclosure report. This list shall include, but not be limited to, items addressed in the housing maintenance, siding and junk removal ordinances. The City shall be responsible for determining whether there is an • ordinance violation. (2) A signed statement by the owner that includes the following information: a. Any damage to the building or its contents by flooding or sewer backup and any evidence of chronic water seepage of which the owner has knowledge. b. The nature, extent and cause of any water seepage or flooding of any portion of the property, 5 c. Whether or not there are pending housing orders from the City about the property. d. Whether there is a homestead classification for real estate taxes payable. e. Any other known defects or problems that are not visible.. f. Any deed restrictions or covenants running with the property. g. Whether the property is subject to the City's pipeline, shoreland or flood plain ordinances. h. The location and status of all known wells, including a map, stating whether the well is in use or abandoned and sealed. i. Whether the property is next to a high- voltage transmission line. If so, the disclosure form shall include the following statement: "The subject property is located near a high-voltage electric transmission line. Purchasers should be aware that there is ongoing research on exposure to a magnetic field generated by high-voltage lines. At this time no risk assessments have been made." (c) A truth -in -sale of housing disclosure report shall be valid for no more than one year from the date of approval by the City. However, if there is substandard maintenance or subsequent damage to the building, the Director of Community Development may require a new inspection. Sec. 9-239. Limitations. (a) In making a housing inspection, the inspector shall consider any concealed facilities to be adequate. The inspector shall base his or her evaluation on the functional operation of the facility and the condition of the equipment. that is viewed. No other warrant is expressed or implied. (b) No one shall consider anything in a truth -in -sale of housing disclosure report to imply that a residential building or housing unit meets all minimum building standards. In addition, no one shall consider anything in the report to imply a warrant of the condition of No the housing evaluated. The inspector warrants that he or she has used reasonable care and diligence in inspecting and evaluating the building. Sec 9-240. Certificate of Competency. (a) No person shall fill out a truth -in -sale of housing disclosure report without having a valid certificate of competency. The City must issue the certificate of competency. The City will only approve housing .inspectors that have passed competency tests as truth - in -housing evaluators in St. Paul. The housing inspectors must submit certification papers to Maplewood from the City of St Paul as truth -in -housing evaluators. The City of Maplewood must license each housing inspector that works in the City. Maplewood will automatically revoke a housing inspector's license if it is revoked in St. Paul. The City of Maplewood may require the passing of a test that shows the inspector's knowledge of the City's. housing code. The City may then issue a certificate of competency which is valid for one year. The City may issue renewals of all such certificates. If a certificate of competency lapses for one year or more, the person who held such certificate shall reapply to Maplewood for renewal of such certificate. No holder of a certificate of competency shall allow another person to use said certificate. (b) The City Council may revoke the certificate of competency of a housing inspector for cause. At least ten days before the hearing, the City shall send written notification to the mailing address used in the inspector's application. The notice shall list the date, time and place of the hearing and of the specific reasons for the suspension. The Community Development Director may, at his or her discretion, suspend the certificate of competency of a housing inspector pending a suspension hearing. Sec. 9-241. Insurance. (a) No certificate of competency shall be .issued or renewed- without enewedwithout satisfactory proof of insurance insuring the applicant/evaluator. (b) The City shall be included as a named insured on the required insurance and any additional cost for including the City shall be at the expense of the applicant/evaluator. (c) The applicant's/evaluator's insurance shall remain in force continuously thereafter and no.certificate of competency shall be deemed to be in effect. during any period of time when such insurance and proof thereof are not also in effect. d� Each applicant/evaluator shall have an individually - named insurance policy. (e) The insurance policy shall provide coverage of not less than $250,,000 per claim or $500,000 per year, aggregate, against any and all iability imposed by law resulting from the performance of the duties as a certified Truth -in -Sale of Housing evaluator. Sec. 9-242. Housing Evaluation Fees. The City Council shall set up a fee schedule by resolution for the filing of truth -in -sale of housing disclosure reports. Section 2. This ordinance shall take effect on July 1, 1992. Passed by the Maplewood. City Council on , 1992. 0 i 3 HRA Minutes of 3-10-92 C* Truth -in -Housing Ordinance Ken.Roberts,, Associate Planner, presented the staff report. Mr. Roberts said the Truth -in -Housing ordinance appears to be working well. The City has not received any complaints from the realtors since the start-up problems were resolved. Commissioner Fischer directed staff to poll the Council on this issue for their concerns, questions they may have, or information they may want regarding how this program is working. city Manager Mike McGuire j oined the meeting at the request of Chairperson Fischer. She asked the manager if he knew if the Council had any specific concerns of what information they may want about truth -in -housing. Manager - McGuire stated that he did not know of any specific concerns of the Council regarding truth -in -housing. Commissioner Pearson moved adoption of the Truth -in -Housing ordinance attached with the staff report of March 5, 1992. Commissioner Whitcomb seconded Ayes --Fischer, Connelly, Pearson, Tauer, Whitcomb d. City iikaage Ken Rob* ts, Associate Planner, explained the City Council is reque ing the HRA submit eas on ways to improve the City's ima e. The HRA comic' sioners listed the following ideas for p omoting a pos ive city image and directed staff to present t em to the Cy Council: (1) continue the Truth -in -Hous g progr , Mayor's forum, City Council meeting broadc is o cable television, monthly Maplewood - in -Motion, and od mage of police force; (2) continued commitment to sen' r housing, NEST, and Share -a -Home programs; (3) co nity center; (4) provide clean-up days, name tags for ty ployees, and "Maplewood Volunteer" tags for City comm' sione and volunteer committee members. 80 DATE OF NEXTME ING a. April 1 , 1992 9. ADJOURNME Meetinaf adjourned at 8:48 p.m. AGENDA REPORT TO: City Manager FROM: Assistant City Engineer SUBJECT: Sterling -Schaller Improvements, Project 87-45 DATE: May 19, 1992 AGENDA ITEM f'" �o Action by Council: Endorsed.... Modif ied... Rejected, Dat e Introduction Negotiation have been in progress to acquire the right-of-way between Linwood and Highwood necessary to build this project for a long time. Understandings have been reached with the two property owners. eac This report presents the major aspects of those agreements and requests authorization to consummate these understandings. Background Mr. and Mrs. Jirovec own the land along proposed Sterling just south of Linwood. They have a block machine shed and a pole barn south of their. house. These out buildings are not in direct conflict with the proposed roadways.. However, they do conflict with the development of two of the proposed lots and will not be aesthetically compatible with the new roadway and neighborhood. The present value of these structures was independently appraised. -A proposed agreement to pay Jirovec $25,000 as compensation to remove these buildings by June 30, 1993, has been reached. The Jirovec's plan to construct a new storage building for their antique car collection on the West side of their house. Mr. and Mrs. James Kayser own the land north of Highwood that proposed Sterling and Schaller traverse. They have requested the elimination of the street, sewer, and water assessments for several corner lots. The Kaysers will install street and utilities in front of these properties under a future phase of their subdivision. They do not want to be assessed plus have to build street and utility on the other side of these corner lots. This eliminates about .$35,000 of assessment recovery for street and utilities the city will have to pay for. Also, the Kaysers request that the existing storm sewer from the Crestview-Marnie neighborhood that cuts across their property north of Highwood be relocated to a lot line at no cost to them. This work, which is planned to be done as part of Highwood-McKnight Outlet, Project 90- 101 will cost the city an estimated additional $8,000. Project 87-45 2 May 19, 1992 Recommendation It is recommended that authorization be given to complete these negotiations as stated. BAI ic AGENDA ITEM AGENDA REPORT �ct3�a7 by.Ccz�:�rai�,: Endcrrsecl TO: City Manager Modified FROM: City Engineer Re3ectea Date SUBJECT: Change Orders 4 and 5, Roselawn Avenue -Project 87-0.1 DATE: May 19, 1992 Two change orders are required for the Roselawn project. Changer Order No. 4 concerns- changes oncernschanges in the sanitary -sewer alignment to make it more convenient for future connections west of the bridge. The addition to the contract for this work is $12,805. There is a deduct of $4088 for a net change of $8717. Change Order No. 5 concerns bridge excavation and temporary fence. Maplewood only participates in 75 percent of the temporary fence item. Our share of the cost is $3825, which is state -aid eligible. It is recommended that the city council approve Change Orders 4 and 5, and that the budget for Project 87-01 be increased by $12,542. KGH IW Enclosure Ramsey.County Department of Public Works 3377 North Rice Street Shoreview, MN 55126 Contractor: F.M. Frattalone, Inc. Project Location: Roselawn Avenue Rice Street to Jackson Street SUPPLEMENTAL AGREEMENT 4 Contractor's Address: 3066 Spruce Street Little Canada, MN 55117 Projeot Descrll)tion: Road Reconstruction Supplement to Contract CC 000951 Sheet 1 of 1 State Aid rro;j. No. S.A.P. 62-626-04 138-020-13 Accoun t No. 47419 The contract is amended as follows: TI�e Engineer determined that at the request of the City .of Maplewood, the following pay quantities be added. All of this work has been determined to be extra work as per Specification 1403 and paid for as extra work in accordance with the provision of Specification 1904. Contract time will not be revised except as may be provided under the Contract provisions of Mn/DOT Specification 1806. The Contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which lie may hereaf ter incur in per forming the work an(I furnishing the materials required by this agreement. ESTIMATE OF COST Item No. Item Unit Unit Price Quantity Amount Increase Group 3 25030511 8" DIP Sewer 16' - 18' 2503.511 8" DIP Sewer 18' - 20' Group 3 100% City of Maplewood Date Approved by Director and County Engineer Date Approved by Executive Director Date Approved by Budgeting & Accounting Date Approved by Chair, Ramsey County Board of Commissioners L.F. $65.00 127 $ 81255.00 L.F. 65.00 70 41550..00 Increase Total $12,805.00 Date Approved by Project Engineer Date%'Accep to by Cdii t rac Lor Date. Approved by District State Aid Engineer Date Approved by City of Maplewood Ramsey County Department of Public Works 3377 North Rice Street Shoreview, MN 55126 SUPPLEMENTAL AGREEMENT 5 Contractor: F.M. Frattalone, Inc., Pro j ec t Location: Roselawn Avenue Rice .Street to Jackson Street Contractor's Address: 3066 Spruce Street Little Canada, MN 55117 Project Description: Road Reconstruction Supplement to Contract CC 000951 Sheet 1 of 1 State Aid Proj. No. S.A.P. 62-626-04 138-020-13 Account No. 47419 The contract is amended as follows. The Engineer determined that the pay item Bridge Excavation be added because this area was not included in the original computations. The pay item Temporary Fence is needed for security of the St. Paul Water Department property. All of this work has been determined to be extra work as per Specification 1403 and paid for as extra work in accordance with the provision of Specification 1904. Contract time will not be revised except as may be provided under the Contract provisions of Mn/DOT Specification 1806. The Contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. Item No. Item Increase Group 1 r 2501.515 Bridge Excavation Increase Group 2 2557.529 Temporary Fence ESTIMATE OF COST Unit Unit Price Quantity Amount C.Y. $2.50 1,352 $3,380.00 L.F. 3.00 1,700 5,100.00 Group 1 100% State Aid Funds Total Increase $8,480.00 Group 2 25% Ramsey County SAP 62-626-04 75% City of Maplewood Date Approved by Date Approved by Director and County Engineer Project Engineer Date Approved by Executive Director Date Approved by Budgeting & Accounting Date Approved by Chair, Ramsey County Board of Commissioners /tv te �,qccepted by Co Tactor Date Approved by District State Aid Engineer Date Approved by City of Maplewood AGENDA ITEM -8 MEMORANDUM Action by Council Endorsed - TOO ndorsedTO City Manager Modlfie l R e j e c t e r FROM: Public Works Administrative Assistant Date SUBJECT: Close Out of Old Developer Projects DATE: May 18, 1992 Introduction A review of developer accounts receivable indicates that four old developer projects have amounts past due or cash deficits without letters of credit. These projects, with the exception of Project 90-02, Crown Plaza, have never proceeded beyond the initial review stage and recovery of these amounts is doubtful. Background 87-21, Ski Jump Property Storm Sewer This project has a cash deficit of $17,462. .Prior to 1987, the St. Paul Ski Club expressed concern regarding erosion and flooding to their property due to development north of their facility. A feasibility study was ordered during June 1987 which estimated the project costs to be $152,510. Subsequently, this project was denied during June 1988 as the developers upstream from the Ski Club formalized a privately executed alternative to the proposed public improvement project. An agreement between the city and the Ski Club was approved which provided fora 50 acre foot permanent ponding easement. This project was then built by private developers to the satisfaction of the city and the Ski Club. The costs incurred are summarized as follows: • Consulting engineer $ 9,498.19 Legal/fiscal fees 17.54 In-house engineering 2,720.83 Interest on interfund loans 5,2 2 5.3 5 Total costs incurred $17,461.91 Developer Projects 2 May 18, 1992 89-02, Crown Plaza (Rice and Larpenteur) This project has a cash deficit of $457 due to in-house engineering charges and accrued interest on past due billings. Collection from the developer has been unsuccessful and recovery is doubtful. 89-22, Southwinds Apartments and 90-09, Maplewood Rental Townhouses These two projects have balances due in the amounts of $830 and $968 respectively for in-house engineering time and accrued interest on past due billings. Costs were incurred on these projects prior. to the establishment of the engineering department's escrow requirement policy which started in 1991. Therefore, we cannot look to escrow. money nor letters of credit as they were not previously required on "proposed" developer projects. Neither of these projects went beyond the discussion stage. Collection from both developers have been unsuccessful and recovery is doubtful. Recommendation The 1992 budget contains funds for the close out of denied and dead projects. It is recommended, with the concurrence of the fiance department, that these four projects be closed, out and costs of $19,717 be financed by the funds set aside for this purpose in the general fund. WJ P jc AGENDA REPORT To: City Manager Michael- McGuire From: Director of Public Safety Kenneth V. Collins �� Subject: Lawful Gambling Ordinance Date: May 21, 1992 Introduction Due to changes in Minnesota State Statutes on lawful gambling, revisions were required of our ordinances. Background Since our ordinances were first introduced, lawful gambling laws have undergone many changes. An attempt is being made to revise our current ordinances to keep pace with these statutory changes and regulate lawful gambling in the City of Maplewood. Recommendation It is recommended that the City Council review these changes, which are underlined in the attached copy of the ordinance, and make any recommendations or further revisions. Action Required For review and handling by the City Council. KVC:js Attachment 10 Chapter 15 GAMBLING AND BINGO Art, I. In General §§15-1 - 15-25 Art, II. Authorized Activities of Fraternal, Religious, Veterans' and Certain Other Nonprofit Organizations, §§15-26 - 15-65 Div. 1. Generally, §§15-26 - 15-45 Div. 2. License, §§15-46 - 15-65 Art. III. Bingo, §§15-66 - 15-88 ARTICLE I. IN GENERAL Sec, 15-1. Prohibited generally. (Original language repealed) Sec. 15-1. Prohibited generally. r All kinds of descriptions .of gambling, betting, _gaming. and devices and ractices of gambling, qaming,betting-or other games of chance including all acts of or relating to gambling as described i -n Minn. Stats. §609.755 through §609.76., --are hereby prohibited, -except as otherwise provided under this chapter. Sec. 15-2. Gaming, gambling, etc., playing of cards, dice, etc., prohibited. (Original language repealed) Sec. 15-2. Acts of or relating togambling shall be crimes. No .persons shall bet any money or property at, or upon, or in any gambling device prohibited by this article. No person shal 1 keep any house or pl ace for the purpose of gambling, nor shall any person suffer or allow any gaming table, bank or _gambling device or gambling equipment prohibited in this article, to. be set up. or used for the purpose of aq mi ng__ or _gamblinq in any house, bui 1 ding, boat, lot, hotel. motel. shop, ward, room, space or garden, or other place belonging to him, occupi.ed bv him. or over which he has control. Anv person engaged in gambling as a participant therein, or any person who knowingl-y permits gambling on his premises, such gambling being defined as gambling within the meaning of §609.75 through §609.761, Minn. Stats., shall be guilty of the crime of gambling to the degrees as set forth under Minn. Stats. §609.755 to §609.76. Sec. 15-3. Roulette tables, faro banks, crap tables, etc., gambling houses or places, etc., prohibited. (Original language repealed) Sec. 15-3. Seizure of gambling equipment; duty of police to enter premises and to seize gamblingparaphernalia and equipment, etc. If any person shal 1 engage i n ag ambl i ng game or make use of any gambling device or equipment prohibited by this article, or shall keep tables, furniture, fixtures or instruments for gaming or gamblinq. or used or intended for use in relationship -to ,gamin or gamblinq, in or out of any house, room or 1 lace such tables furniture fixtures a ui ment instruments or devices ma be seized and taken into custody by any police officer of the city,.--- It is hereb made the ex cess duty of allolice officers to enter any place,house.. room, tent, booth or other place and seize said property and hold and keep the saw Sec. 15-4. Betting prohibited on gambling, etc., tables, games, devices, etc. (Original language repealed) Sec. 15--4. Unl awful to visit. gambling premises and to bet • duty of of i ce to enter gambling premises and to arrest violators of this article. No aerson shall, within the cit.v, visit any house. _room or place used occupied or in any way designed for gambling purposes , and there bet an, r, money or valuable thing on any game or device. It shall be the duty of the police officers of the city to visit all houses, rooms,, ----tents or booths, or other places where any such gambling ,is carried on in violation of this article, and to arrest all persons violating this article. Sec. 15-5. Gambling houses, places, etc., prohibited; allowing of gambling, gaming, etc., tables, devices, equipment, etc., on premises prohibited. (Original language repealed) Sec. 15-5. Exemptions from this article. a. This article shall not apply to forms of lawful gambling, as allowed by state 1 aw and al 1 owed by thi s chapter, ,i f such form of 1 awful gambling is duly licensed pursuant to state law and this code or other ordinance of the ci ty. b. Notwithstandinq the arovisions of this article. a fraternal. religious veterans or other non-profit organization may set up to operate a gambling device or conduct a raffle as allowed under §349 of Minn. Stats., if licensed by the city and conducted pursuant to said §349 of Minn. Stats. and a person may manufacture, sell or offer for sale a ambling device to such organization. Sec. 15-6. Seizure of gambling, gaming, of police to enter premises (Original language repealed) etc., tables, equipment, etc.; duty and to seize gambling paraphernalia, Sec. 15-7. Unlawful to visit gambling premises and to bet; duty of police to enter gambling premises and to arrest violators of article, (Original language repealed) Sec. 15-8. Betting on games, devices, horse races, contests, events, etc., prohibited. (Original language repealed) Sec. 15-9. Exemptions from article. (Original language repealed) Secs. 15-6 - 15-25. Reserved, ARTICLE II. AUTHORIZED ACTIVITIES OF FRATERNAL, RELIGIOUS, VETERANS' AND CERTAIN OTHER NONPROFIT ORGANIZATIONS (Original Language Repealed) ARTICLE II. LAWFUL GAMBLING DIVISION 1. GENERALLY Sec. 15-26. Adoption of state laws relating to the licensing of fraternal, religious, veterans' and certain other nonprofit organizations to operate gambling devices and to conduct raffles. (Original language repealed) Sec. 15-26. Adoption of state law1definitions. The -provisions of Minn. Stats., Ch . 349, relating` to the licensing and restrictions of gambling are adopted and made a part of this article as if set out in full. As used in this chapter, the terms defined in Minn._ Stats. §349.12 and §349.13 are incorporated herein by reference and shall be applicable to the provisions contained herein. Sec. 15-27. Gambling manager required; duties and responsibilities; fidelity bond; qualifications. (Original language repealed) Sec. 15-28. Participants in organization's operation; compensation; qualifications. (Original language repealed) Sec. 15-29. Use of profits. (Original language repealed) Sec. 15-30. Accounting, record keeping and reporting requirements, duties and responsibilities. (Original language repealed) Sec. 15-31. Limitations on amounts of prizes. (Original language repealed) Sec. 15-32. Separate license required for bingo operation. (Original language repealed Sec. 15-33. Violation of article. (Original language repealed) Sec. 15-27. In general. Lawful gambling conducted pursuant to Minnesota Statutes, Chapter 349, shall be operated in accordance with the conditions prescribed in this ordinance and other applicable provisions of the Maplewood ordinances. t 3 Authorized forms of gambling. All forms of lawful gambling may be approved by the city council subject to the terms and conditions of this ordinance and all provisions of Statute 349. Sec. 15-28. Notice; approval or disapproval. The Minnesota Lawful Gambling Board shall notify the city council in writing in the manner required by law of each pending application for a lawful gambling license at least sixty (60) days before issuing or renewing the license. Each pending application for a license shall be approved or disapproved by resolution of the city council. Sec. 15-29. Location. Lawful gambling under license issued by the Minnesota Lawful Gambling Control Board may be conducted only at the following locations: t (a) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on -sale establishment as permitted in -this ordinance; (b) In licensed on -sale liquor, wine, and beer establishments; (c) Notwithstanding subsections (a) and (b) above, (raffle only) licenses may be approved for any proper location; (d) No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the City of Maplewood. Sec, 15-30. Conditions. The conduct of lawful gambling under license issued by the Minnesota Lawful Gambling Control Board shall be subject to the following conditions in the City of Maplewood: (a) No sale, consumption, or possession of liquor, wine, or 3.2 beer shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on -sale liquor, wine, or 3.2 beer license or a bottle club permit; provided further that no sale, consumption, or possession of liquor, wine, or 3.2 beer shall be permitted in the room where a bingo session is taking place; (b) No organization shall be eligible for a gambling license unless it is a tax-exemptor_ganization pursuant to 501 (c) of the Internal Revenue Code or has a 501 CO application Dendinq with the Internal Revenue Service and for the three (3) years immediately preceding the date of application it has had an office, holds regular monthly meetings in the City of Maplewood, has fifteen (15) active members, and demonstrates that during that period it has performed substantial 4 services within the City of Maplewood or on behalf of residents of Maplewood; (c) No organization shall hold more than one (1) gambling license for any location in the City of Maplewood except an organization that holds a gambling license for its own building may hold one (1) additional gambling license for any location in the City of Maplewood; (d) Before any person may serve as gambling manager for any organization licensed to conduct gambling in the City of Maplewood, that person must have satisfactorily completed a course of instruction conducted by the Minnesota Lawful Gambling Control Board on the duties and responsibilities of the gambling manager. Sec. 15-31. Investigation. Every organization which files an application for issuance or renewal of a lawful gambling license shall deliver the application to the city clerk. The city clerk and the police department designee shall investigate each application and report their findings and recommendations to the city council. A copy of the resolution approved by the city council will be made available to the license applicant. Sec. 15-32. Permits for exempt organizations under Minnesota Statutes Section 349.214. (Original language repealed) Sec. 15-33. Filing of records; inspection; access to records. (a) Every organization licensed to conduct gambling in the City of Maplewood shall file with the city clerk and director of public safety copies of all records and reports required to be filed with the Minnesota Lawful Gambling Control Board pursuant to Minnesota Statutes, Chapter 349, and the rules and regulations promulgated thereunder. The records and reports shall be due at the same time they are due to the board; (b) Every gambling event in the City of Maplewood conducted by an organization under Minnesota Statutes, Chapter 349, shall be open to inspection by officers of the Maplewood Police Department; (c) Employees of the Maplewood Police Department may inspect, at any reasonable time without notice or search warrant, all records of a licensed organization, including gambling account and other bank records, required by the Minnesota Lawful Gambling Board to be maintained and preserved. Sec. 15-34. Lawful gambling at on -sale establishments. Lawful gambling at on -sale liquor, wine, and 3.2 beer establishments shall be conducted in compliance with the following regulations: 5 (a) Only licenses for lawful gambling and raffles may be issued, except where the licensed gambling organization also holds the on -sale liquor, wine, or 3.2 beer licenses for the premises, in which case any gambling license may be issued; (b) On -sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on -sale establishment; (c) Every agreement betweena nonprofit organization and an on -sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of this ordinance; (d) A copy of any lease agreement between a nonprofit organization and an on -sale licensee shall be filed with the city clerk and director of public safety with the gambling license application; (e) A lease agreement between a nonprofit organization and an on -sale establishment shall not provide for rental payments based on a percentage of receipts of profits from lawful gambling. There shall be no other compensation paid to the on -sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The maximum rental fee shall be six hundred dollars ($600.00) per month, or twenty-four dollars ($24) per square foot of leased premise, whichever is less; (f) All gambling shall be conducted from a booth or other area properly segregated from the rest of the licensed premises. The physical layout of the area set aside for gambling shall be subject to the approval of the Maplewood Police Department; (g) The gambling booth shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name and license number at its gambling booth and shall indicate that all profits from gambling are for the benefit of the organization; (h) No employees or agents of the on -sale establishment shall handle gambling devices, gambling money, prizes, or gambling records, nor shall they record winners, replays, or free games, nor shall they otherwise conduct, or assist the licensed gambling organizations in conducting the gambling operation; 6 (i) No person shall be jointly employed by both the nonprofit organiza- tion and the on -sale establishment; (j) The gambling booth shall be separate from the liquor service bar. No gambling shall be conducted from the liquor service bar; (k) The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records. Whenever the organization -is not present, all gambling devices, money, and records shall be securely locked and shall be inaccessible to employees of the on -sale establishment; (1) No gambling funds shall be commingled with funds of the on -sale establishment; (m) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances; (n) The on -sale establishment shall allow the organization to conduct gambling at any time during its lawful -business hours and shall prohibit gambling at any time other than its lawful business hours; (o) The on -sale licensee shall make no agreements with any gambling equipment distributor requiring the use of his or her gambling equipment in the establishment; (p) Subsection 15-41 (f), (g), (h), (i), (j), and (k) shall not apply when the licensed gambling organization is also the holder of the on -sale license for the establishment where the gambling is conducted; (q) The city council may disapprove a gambling license application for an on -sale establishment in which gambling violations have previously occurred. Sec. 15-35. Contribution from lawful gambling organizations, (a) Each organization conducting lawful gambling within the city shall contribute ten (10) percent of its net profits derived from lawful gambling within the city. For purposes of this section, an "organization conducting lawful gambling" means all organizations licensed by the Minnesota Lawful Gambling Control Board; (b) An organization's receipts from lawful gambling that is exempt from licensing under Minnesota Statutes, Section 349.166, are not subject to the ten (10) percent contribution imposed by this section; (c) For the purposes of this section, the term "net profits" means profits less amounts expended for allowable expenses; the terms "profits" and "allowable expenses" have the meanings given them N by Minnesota statutes, Chapter 349 and Rules and Regulations promulgated thereunder; (d) The ten (10) percent contribution imposed by this section shall be paid to a fund administered and regulated by the city, without cost to the city, for disbursement for lawful purposes on a monthly basis and shall be reported on a duplicate copy of the gambling tax return filed with the Minnesota Lawful Gambling Control Board each month. The report shall be an exact duplicate of the report filed with the Minnesota Lawful Gambling Control Board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form. The gambling tax return and payment of the contribution due must be postmarked or, if hand -delivered, received in the office of the Maplewood Finance Director on or before the last business day of the month following the month for which the report is made. An incomplete gambling tax return will -not be considered timely filed unless corrected and returned by the due date for filing. Delays in the mailing, mail pick-ups, and postmarking are the responsibility of the organization. The tax return and tax payment shall be.delivered to: Finance Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 Checks shall be made payable to: City of Maplewood (e) There shall be an interest charge of eight (8) percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section; (f) The city council shall disapprove any pending application for renewal ororiginal issue of a lawful gambling license for any organization which owes delinquent contributions to the City of Maplewood. Further, the director of public safety may notify the Minnesota Lawful Gambling Board of any organization owing delinquent contribu- tions to the City of Maplewood and may request that the board revoke or suspend the organization's license during the license year. The city council shall not issue or renew any on -sale or off -sale alcoholic beverage license, bottl a club permit, or food license to any organization which owes delinquent contributions to the City of Maplewood. The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law: 0 DIVISION 2. LICENSE Sec. 15-36. Required. (Original language repealed) Sec. 15-36. City permit required: limitations. A. Lawful gambling by organizations not required to obtain a state license pursuant to Minn. Stat. §349 may -be conducted in the City of Maplewood if an.organization has been issued a permit approved by Council resolution and upon compliance with the provisions of this chapter. b. No organization shall be eligible .foorr_a. gambling license unless it is a_tax-exempt organization pursuant to 501 (c) of the Internal Revenue Code or has a 501 (c). application pending with the Internal Revenue Service and for the three (3) years immediately--precedinq the date of application, it has had an office, holds regular. monthly meetings in the city, has fifteen (15) active members, „and demonstrates that during that period it has performed substantial services within the city, or on behalf of residents of Maplewood _ Sec. 15-37. Eligibility --Organizations. (Original language repealed) Sec. 15-37. City permit application. Application for city gambling permits shall be made to the city clerk upon application form supplied by the city clerk, together with such additional information as may be required by the city clerk. A separate application shall be required for each separate da�y or occurrence on which the gambling event is to be conducted. Applications must be filed with the city clerk at least thirty (30 )...daS prior to the requested ate of the gambling event. The Application shall be referred to the city police chief who shall re ort to the city council at its next regular meeting following the filing of the application. The city counc i 1 shall act upon the appl i.cat i on within one hundred e i ghtY -(180) days from the date of the application but shall not issue a permit until at least thirty (30) days after the date of the application. Sec. 15-38. Same --Premises; required ownership or leasehold interest; written lease for six months or more required; prohibited rental payments; premises to be regular meeting place; limitation on number of licenses per premises. (Original language repealed) Sec. 15-39. Types of licenses and fees. (Original language repealed) Sec. 15-39. Permit fee. _Permit fees for each day or occurrence for proposed gambling are as follow a. Bingo, raffles, paddlewheels, tipboards and pulltabs ... $100.,00. b. Paddlewheels, tipboards and pulltabs only ... $50.00. c. Bingo only ... $25.00. d. Raffles only ... $50.00. Organizations shall, in the conduct of ,gambing_permitted by the city council, comply with theprovisions of laws and ordinances, including Minn. Stat. X349 and this chapter. Sec. 15-40. Application. (Original language repealed) Sec, 15-41. Suspension and revocation. (Original language repealed) Secs. 15-40 - 15-65. Reserved, ARTICLE III. BINGO Sec, 15-66. Definitions, (Original language repealed) Sec. 15-66. Definitions. Board shall mean the Minnesota Gambling_Control Board. Lawful gambling is the operation, conduct or sale of bingo, raffles, paddlewheels, tipboards and pulltabs.. Organization shall mean any fraternal, , religious, veterans or other nonprofit group that is duly incorporated in Minnesota as a nonprofit organization pursuant to 501 (c) of the Internal Revenue Code and for three (3) _years i mmedi atel y preceding the date of application has had an office, holds regular monthly meetings in the City of Ma -Dl ewood, has fifteen (15) active dues -paying members and has been recognized Internal Revenue Service, as exempt from the income taxation for the most recent three (3) _years as defined in Minn. Stats. §349.12. Organizational license shal 1 mean a license for lawful gambling issued by the Board. Bingo occasion means a single_ gathering or session at which a series of one _(1) or more successive bingo games are played. Premises permit shall mean a permit issued by the Board to an organization as defined herein, after approval by a city council resolution.A premises permit shall designate.the location of an organization's lawful gambling activities. Class of license shall mean a Class A. B. C or D_license issued by the Board as authorized under MSA 349.16(6)as may, be amended from time to time. Sec. 15-67. Illegal unless article and state law complied with. (Original language repealed) 10 Sec. 15-67. Bingo hall license. Any organization applying to the Gambl i ng Control Board for a bingo hall license or for the renewal of same to conduct lawful gambling in the city shall. -within ten (10) days of making such application, make appl�i c_ati on with the city clerk for a lawful gambling _permi t and file the following with the Ci t a_. A duplicate copy of the Gambling Control Board application, along with all supporting documents submitted to the Gambling Control Board. b. A copy of the articles of incorporation and bylaws of the organization. c. The names and addresses of all officers and directors of the organiza:: d. A copy of the organization's written procedures andfor criteria for distribution of funds derived from lawful gambling, its standardized application form and its written fiscal control procedures. e. A copy of the Internal Revenue Service's tax exempt letter. f. Confirmation that no employee or principal officer of the organization has been convicted of a felony. No employee or organization whose principal officers and employees with a felony conviction shall be employed in a gambling -related activity by -anv permi tted organization. Sec. 15-68. When not a lottery or gambling. (Original language repealed) Sec. 15-68, Investigation. Every orqanization which files an application for issuance or renewal of a lawful gambling license shall deliver the application to the city clerk. The city clerk and the police department designee shall investigate each application and report their findings and recommendations to the city council. A copy of the resolution approved by the city council will be made available to the license applicant. Sec. 15-69. Who may conduct bingo occasions. (Original language repealed) Sec. 15-69. Bingo hall management. All licensees and permittees in the city will assure continuous and active management of the gambling operation and will not delegate managerial responsibilities, will work continuouslyto operate in the most efficient manner to increase the amount of available lawful proceeds, will maintain the lowest possible costs and will encourage and use volunteers to the fullest extent possible. Sec. 15-70. Application for license to conduct bingo occasions... (Original language repealed. 11 Sec_. 15-70. Bi nqo occasions, Bingo occasions conducted in a bingo hall, or on premises not owned by the organization conducting the bingo occasion shall comply with the followin a. Bingo cards may not be used for more than one game, unless the game is a consecutive one; b. Bingo cards shall be serially numbered; c. The organization conducting bingo shall maintain an inventory list of all bingo cards and their serial numbers and shall make such inventory available to city personnel inspecting the premises at all times that the bingo hall is open for bingo. d. A written program for each bingo occasion shall be prepared and submitted to the department of public safety for its approval at least fourteen (14) da_ys prior to the occasion and shall be,promi nentl y d spl axed at the premises where the bingo occasion is held, e. No bingo occasion ma,Y beheld unless prior approval of the bingo program has been given by the director of the department of public safety or hisjher designee. Sec. 15-71. City council to consult with certain city officers before promulgating bingo regulations or issuing a bingo license. (Original language repealed) Sec. 15-71, Exemptions. The followinq bingo activities are exempt from the lawful gambling requirements: a. Bingo may be conducted without a premises permit if it is in connection with a civic celebration and if it is not conducted for more than four _(4) consecutive days in a calendar year. A civic celebration is an event which celebrates a recognized national holiday or occasion celebrating an event proclaimed by the Maplewood City Council. b. Bingo may be conducted without a premises permit if it is conducted by an organization which conducts four or fewer bingo occasions in a calendar year.. c. Bingo may be conducted without a premises permit within a nursing home, senior citizen housing project or by a senior citizen organization if the prizes for a single game do not exceed ten dollars ($10.00), total prizes awarded at a single occasion do not exceed two hundred dollars _($200.00), no more than two (2) -occasions are held each week, only members or residents are allowed to play, no compensation is paid for persons conducting the bingo and a manager is appointed who must first register with the Board. 12 Sec. 15-72. Organizations eligible to be licensed to conduct bingo occasions. (Original language repealed) Sec. 15-73. Issuance; time schedule for council action; duration; suspension or revocation. (.Original language repealed) Sec. 15-74. Use of profits. (Original language repealed) Sec. 15-75. Compensation; persons eligible to receive; maximum amount. (Original language repealed) Sec. 15-76. Number of bingo occasions. (Original language repealed) Sec. 15-77. Location or game; number of licenses per location. (Original language repealed) .Sec. 15-78. Change in officers of licensee or in bingo manager; council approval of continuance of license. (Original., language repealed) Sec. 15-79. License fees. (Original language repealed) Sec. 15-80. Restrictions on alcoholic beverages, inducements to participate, advertising, etc. (Original language repealed) Sec. 15-81. Prizes and expenditures. (Original language repealed) Sec. 15-82. Bingo manager. (Original language repealed) Sec. 15-83. Checkers; required records and certification. (Original language repealed) Sec. 15-84. Requirements of licensees as to records, receipts, profits; inspection of records; etc. (Original language repealed) Sec. 15-85. Required report to city if certain discrepancy between recorded and actual receipts occurs; city investigation; monthly reports to membership of organization. (Original language repealed) Sec. 15-86. Copies of federal and state forms, etc., required to be filed with city. (Original language repealed) Sec. 15-87. Certain contracts of organization not affected by article or similar provisions of state law. (Original language repealed) Sec. 15-88. Annual allocation by city of portion of bingo fees, licenses, etc., of the conduct of bingo. (Original language repealed) 13 SENT BY: 5-90-92 .2:34PM BANNIGAN & KELLY, 612 770 45064,# 2/ Action by. Council: BANK I GAN & KELLY, P.A. Endorseel— ATTORNEYS AT LAW 409 M10WEST FEDERAL SUILOING ]Rejected .,,,_.,..�.___ 5YH AND CEDAR SAINT PAUL, MINNESOTA 5 510 1 'Dais - (6 12) 224-3781 JOHN F. BANNIGAN ` JR. PATRICK J, KELLY* JAMES J. HANTON JANET M. WILEDSKI JOHN W, QVARN5TROM May 20, 1992 Mr, Micbael McGuire City Ma-nager Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 Ms. Lucille Atirelftl[S City Clerk Maplewood City Hall 183.0 East County Road B Maplewood, MN 55109 Re.- Zacho Ar.qu-i- isifton lBeaver Lake Project 83-07 Dear Mr. McGuire and Ms. Aurelius: FAX (6 12) 223-8019 Please find enclosed a proposed form of Resolution relative to the vacating of certain special assessments levied against property previously owned by Mr. and Mrs. Harry Zacho. The City of Maplewood acquired that property in December, subject to those. outstanding asisessments. In reviewing our file, It would appear that there. weresome discussions early in -1991, relative to the abatcmcnt of those. special assessIDCWS. Unfortunately, a Resolution was never prepared and submitted to the City Council. This office has been advised by the Ramsey County Assessor's Office that bec-a-use these special assessments have remained unpaid, there is a risk that the property could be subject to a tax forfeiture. Therefore, it is quite important that, this abatement of the special assessments be presented to the City Council at the earliest possible time. 5-20-99 2:33P BANNI-GAN & KELLY. 61 770 4506, 3 / .5 SENT BY: M Mr. Michael McGuire Page Two May 20, 1992 Ms. Lucille Aurelius I bope that the proposed form is acceptable, if not, I am fully confident that Ms. Aurelius can make whatever modifications she deems iie-cessary. If yoti have any additional questions or concerns, please contact this office immediately. JJH:ks Enclosure Sincerely ymirs, BAN NIPXW&IKELLY, P.A.. ton SENT BY: 5-20-92 ; 2 : 35PM ; BANN I GAN & KELLY - RESOLUTION NO. 619 770 4306;# 4/ 5 WHEREAS, pursuant to a warranty Deed dated December 24, 1990, the City of Maplewood, a rnu.ni.cipal corporation, acquired certain real property having a property 1 ( l"n f1 e'.ti cin n li mber of 25-29-22-24-0073-4; WHEREAS, the City of Maplewood acquired the a:€oreimendoned real property su.l)ject to all unpaid special assessments and accrued interest thereon; WHEREAS, the record: of the Ramsey County Assessor .r. eflect an unpaid balance of $7,2.,85.12 as a. special assessment levied for Maplewood PUblic Improvement Project 83-07 and identified on the Cecords of Ramsey County as DP -5530; WHEREAS, the records of the Ramsey County Assessor also reflect an unpaid balance of $1,959.37 as a special assessment levied for Maplewood Public linproveme-nt Project 56--3 and identified on the records of the Ramsey County Assessor as DP -5655; .WHEREAS, the City of Maplewood is now the sole owner of record of said real property subject to the aforenientioiied urytaid special assessments; THEREFORE, BE IT IQV, SOLVED, l) That all existing and levied special assessments and interest relative to PIN No. 2.5-29-22-24-0073-4 are hereby abated; 2.} That special assessment DP -5530 in the. amount of $7,285.12 is hereby abated; 3) That special assessment DP -5655 in the amount of $1,959.37 is hereby vacated; SENT BY: 5-20-92 12-:36PM BANNI:GAN & KELLY. 612 '770 4506, # 3/ 5 4) That the 'Maplewood City Clerk is hereby ins.tructed to wansmit a. -certified copy y of. this ReSOILItion to the Ramsey County Assessor immediately. Ayes: Nayes: N