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HomeMy WebLinkAbout1993 06-28 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7 :00 P.M., Monday, June 28, 1993 Council Chambers, Municipal Building Meeting No. 93 -14 A. - CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Public Safety Forum, June 2, 1993 2. Minutes of Council /Manager Workshop, June 7, 1993 3. Minutes of Special City Council Meeting, June 7, 1993 4. Minutes of Meeting 93 -13 (June 14, 1993) E. APPROVAL OF AGENDA EA. PRESENTATIONS F CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and w i l l be enacted by one motion. There w i l l be no separate discussion on these 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. Budget Transfer - Finance Department 30 Establishment of Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code 4. Ambulance Bill - Application for Cancellation 5, 934 Evar Street 6. Project Insulate 70 Land Use Plan Change: Maryland Avenue and Lakewood Drive 8, Conditional Use Permit Review: County Household Hazardous Waste Collection Site 9. Change in Funeral Leave Policy 10. CDBG and TIF Agreements: Carefree Cottages of Maplewood G. PUBLIC HEARINGS 1. 7 :00 P.M.: Tax - Exempt Financing - Silver Ridge Apartments 2. 7:30 P.M.: Planning Fees Ordinance (2nd Reading) H. AWARD OF BIDS 1. Property Liability and Workers' Compensation Insurance I.- UNFINISHED BUSINESS 1, 2425 White Bear Ave. (Calvary Assembly of God Church). a. Land Use Plan Change (4 Votes) b. Conditional Use Permit 2. Champps J. NEW BUSINESS 1, Sanitary Sewer Connection: 2442 Keller Parkway, 2. Request for Charitable Gambling Funds 3. 1994 - 1998 Capital Improvement Plan (4 Votes) 4 Sterling Street - Public Improvement Petition_ K._. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 2. 3. 4, M. ADMINISTRATIVE PRESENTATIONS 1. 2. N. ADJOURNMENT PUBLIC SAFETY FORUM OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 5:00 p.m., Wednesday, June 2, 1993 Maplewood Room, City Hall MINUTES A. CALL TO ORDER The Public Safety Forum of the Maplewood City Council Was held in the Maplewood Room, City Hall. The meeting was cabled to order at 5:03 p.m. B. ROLL CALL Mayor Gary Bastian Councilperson Dale Carlson Councilperson Fran Juker Councilperson George Rossbach Councilperson Joseph Zappa City Manager Michael McGuire Emergency Management Director Larry Cude Director of Public Safety Kenneth Collins Fire Marshal James Embertson Fire Chief Larry Bush, East County Line Fire Chief Howie Weber, Gladstone Fire Chief Ed Leier, Parkside Others Present: Assistant City Manager Gretchen Maglich C. DISCUSSION OF ISSUES Present Present Present Present Present Present Absent Present Present Present Present Present Mr. Bruen summarized what was accomplished at the first Forum on May 17,1993 and stated that the issues as presented were in priority order as ranked by the participants. Considerable discussion followed regarding public safety services, level of services, who is responsible for determining the level, and specific language for the 1993 fire department contracts. The meeting Was recessed at 5:58 p.m. and reconvened at 8:13 p.m. Forum participants discussed budget issues, audits, communication problems, possible organizational structures, and various issues related to hazardous materials incidents. It was the consensus of the Forum participants that With the assistance of Mr. Bruen, the City Manager would draft a 1993 fire department contract. 19 ADJOURNMENT The meeting was adjourned at 7:35 p.m. CITY COUNCILIMANAGER WORKSHOP ,6 OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 5:00 p.m., Monday, June 7, 1993 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 5:00 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: C ity Manager Michael McGuire Assistant City Manager Gretchen Maglich Public Works Director Ken Haider C. APPROVAL OF. AGENDA r The following items were added to the agenda: G. OTHER BUSINESS 1. Recognition of Mr. Fulton Klinkerfues 2. Prioritizing Future Topics 3. Champps 4. Pre - agenda Meeting 5. Fire Department Contracts Mayor Bastian moved that the agenda be ,approved as amended. The motion was seconded by Councilmember Zappa and was approved. Ayes: All 1 D. GERVAIS AVENUE: KENNARD TO HAZELWOOD City Manager McGuire introduced this item, and Director, of Public works Haider presented the detailed report. Mr. Haider stated that if the City Council wanted to pursue this improvement project, a new feasibility study would have to be ordered. Mr. Haider also recommended that the City Council review this project after they have received the Project Review Committee's final report and recommendations. Following some discussion about the urgency of this project, Councilperson Carlson moved that this item be tabled until July, 1993 to_ give the Council an opportunity to study the Project - Review Committee's recommendations. The motion was seconded by Councilperson Juker and was approved. Ayes: Bastian, Carlson, Juker and Rossbach _ Nays: Zappa E. TOTAL QUALITY MANAGEMENT Assistant City Manager and Director of Public Works Haider presented information about total quality management programs. There was considerable discussion about the benefits, the current management philosophies, and guest speakers from other .cities currently involved with TQM programs. Mayor Bastian moved that this item be tabled until the October, 1.993 _Council / Manager me eti g. The motion was seconded by Councilperson Carlson and was approved. Ayes: All F. MnDOT BUILDING ON McMENEMY Mayor Bastian summarized the four different options that Mr. Siggerud presented to him: construct the plan as currently proposed, move the building as far southwest as possible, use a minimal portion of five acres and build. the facility on the southerly portion of the old property, or vacate the site and relocate to a another site. There was some discussion about the City purchasing that site in addition to the apartments to the south and establishing a tax increment district for development funding. It was the consensus of the Council that Mayor Bastian would talk with Mr. Siggerud about the possibility of the City purchasing the property and that the tax increment district idea would be placed on a future Council agenda. G. OTHER BUSINESS 1. Recognition of Mr. Fulton Klinkerfues Councilmember Zappa moved that the City Council consider a resolution at the July 26, 1993 meeting which recogn zes Mr. Klinkerfues for his contributions to the community The motion was seconded by Mayor Bastian and was approved. Ayes: Bastian, Carlson, Rossbach and Zappa Nays: Juker 2 r` 2. Prioritizing Future Topics Councilmember Carlson requested that the City Council prioritize the future topics. It was the consensus of the Council that each Councilmember would rank the seven items, 7 being the most important, and submit their rankings to City Manager McGuire. , 3. Champps City Manger McGuire reported that the City Attorney was investigating an alleged problem with the on -sale liquor license of Champps. 4. Council Pre - agenda Meeting City Manager McGuire asked the Council if they would like to cancel the pre- agenda meeting scheduled for Thursday, June 10, 1993 due to the conflict with the League of Minnesota Cities Annual Conference in St. Cloud. Councilmember Zappa moved that the pre-agenda _meet ng scheduled for June 10, 1993 at 4:30 p.m. be canceled. The motion was seconded by Counciiperson Carlson and was approved. Ayes: Al I 5. Fire Department Contracts City Manager McGuire asked the City Council for their thoughts about making a second payment to the Fire Departments for 1993 and requiring a 1992 audit. Following some discussion, the - -City - Manager was directed to place the second payment request on the next City Council meeting agenda and provide a copy of the current contracts to each City Councilmember for their comments and recommendations for new contract language. Counciiperson Zappa moved that the City direct the Citv's auditor, Peat Marwick, to perform the 1992 audit of the Fire Departments. The motion was seconded by Counciiperson Rossbach and was approved. Ayes: All H. ADJOURNMENT The meeting was adjourned at 5:53 p.m. 3 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 7:00 p.m., Monday, June 7, 1993 Maplewood R City Hall MINUTES A. CALL TO ORDER The special meeting of the Maplewood City Council was held in the Maplewood Room, City Hall. The meeting was called to order by Mayor Bastian at 7:00 p.m. B. ROLL CALL Mayor Gary Bastian Councilperson Dale Carlson Councilperson Fran Juker Councilperson George Rossbach Councilperson Joseph Zappa Others Present: Present Present Present Present Present City Manager Michael McGuire Assistant City Manager Gretchen Maglich C. APPROVAL OF AGENDA Councilmember Zappa moved that the agenda be approved as presented. The motion was seconded by Councilmember Carlson and was approved. Ayes: All D. AWARD OF BID:. COMMUNITY CENTER BID PACKAGE #2 -SOIL CORRECTION AND SITE UTILITIES City Manager McGuire introduced the item, and Assistant City Manager Maglich presented details of the bid package. Following some discussion about the unit prices, Mayor Bastian introduced the following Resolution and moved its adoption: 1 93 06 76 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the bid of Steininger Construction in the base bid amount of $124,000 is the lowest responsible bid for -soil correction and site utilities for the Community Center project. The Mayor and City Manager are hereby authorized and directed to execute the necessary documents on behalf of the City. Seconded by Councilperson Carlson Ayes: Bastian, Carlson and Rossbach Nays: Juker and Zappa E. AWARD OF BID: COMMUNITY CENTER CONSTRUCTION TESTING SERVICES Assistant City Manager Maglich presented the staff report. Following some discussion, Councilmember Carlson introduced the following Resolution and moved its adoption: 93 -06 -77 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the contract for construction testing for the Community. Center project be awarded to Braun Intertec for a not to exceed amount of $35,000. The Mayor and City Manger are hereby authorized and directed to execute the necessary documents on behalf of the City. Seconded by Councilmember Rossbach. Ayes: Bastian, Carlson and Rossbach Nays: Juker and Zappa F. ADJOURNMENT The meeting was adjourned at 7:18 p.m. 2 F MINUTES OF MAPLEWOOD CITY COUNCIL 7 :00 P.M., Monday, June 14, 1993 C ouncil Chambers, Municipal Building Meeting No. 93 -13 A. CALL TO ORDER A regular meeting of the City Council of Mapl ewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian, B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L Juker,.Councilmember .Present George F. Rossbach, Councilmember Absent Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Mi nutes of Public Safety Forum, May 17, 1993 Counci 1 member Zappa moved to approve the minutes of the Public Safety_ Forum, . May 17, 1993 as presented. Seconded by Councilmember Carlson Ayes - all 2. Minutes of Audit Meeting, May 24, 1993 Councilmember Zappa moved to approve the minutes of the Audit Meetin Ma 244 1993 as presented. �— Seconded by Councilmember Carlson Ayes - all 3. Minutes of Meeting 93 -12 (May 24, 1993) Councilmember Zappa moved to approve the minutes of Meeting No. 93- 12 (May 244 1993) as presented. Seconded by Mayor Bastian Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to.aoprove the Agenda as amended: L1 Grass Cuttings L2 Report City Plans: Operation Rescue L3 East Side Business Men's Luncheon L4 History Advisory Committee L5 Land Trust L6 Left Turn Signs: Rainbow M1 Green vs Maplewood M2 July 5 Workshop Seconded by Councilmember Carlson Ayes - all 1 6 -14 -93 EA,. " APPOINTMENTSIPRESENTATIONS 1 Legislative Update a. Manager McGuire presented the staff report. b. Representatives Mindy Greiling, Betty McCollum and Walt Perlt presented an update of recent legislative activity. F. CONSENT AGENDA: Mayor Bastian moved, seconded by Coun_ ci l,member Zaaaa, ^ ^ , ^ ayes all, to approve the consent agenda items 1. , 4 11 as recommended. (Item 3 , voted on separately.) 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 267,104.05 Checks #28104 - #28176 Dated 5 -14 -93 thru 5 -28 -93 ,S + 259, 734.74 Z 526 PAYROLL: 208 S 45 S 208 S 45 $ 507 $l Checks #10031 - #10176 Dated 6 -14 -93 Total per attached voucher /check register Payroll Checks #32408 thru #32579 Dated 5 -21 -93 Payroll Deduction Checks #32584 thru #32598 dated 5 -21 -93 Payroll Checks #35007 thru #35181 Dated 6 -4 -93 Payroll Deduction Checks #35186 thru #35201 dated 6 -4 -93 Total Payrolls GRAND TOTAL 2. Budget Transfer - 1993 Wage Increases Authorized the transfer of $159,070 from the contingency accounts to the appropriate wage accounts to finance the annual wage increases granted to each bargaining unit as follows. General Fund $153,550 Hydrant Fund 280 Vehicle /Equipment Fund 1 Data Processing Fund 3 2 6 -14 -93 4. Adoption of City's Pay Equity Plan Update Approved the updated Pay Equity Implementation Report. 5. Planning Commission Resignation 93 -06 -79 RESOLUTION OF APPRECIATION WHEREAS, Roger Anitzberger has been a member of the Maplewood Planning commission since April 23, 1990 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation for the betterment of the City of Maplewood; and WHEREAS, he has. shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Roger Anitzberger is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. 6. 934 Evar Street Accepted the report on conditions at 934 Evar Street indicating there were no Code violations at the time of the mast recent. inspection and that the young ducks or geese which had been reported as being kept on the property had been removed. 7. Final Plat: Holloway Pond Approved the Holloway Pond final plat: 24 lots for town houses along Holloway Avenue, between Furness Street and Beebe Road. 8. Ramsey County Shoulder Paving Agreement: County Road C Authorized execution of Agreement 93004 (with Ramsey County) for shoulder paving on County Road C. 9. Removal of Geese From Regional Park Approved the request from the Ramsey County Parks and Recreation for permission to remove Canada Geese from Keller Regional Park, Keller Golf Course and Battle. Creek Regional Park due to health and safety concerns. 3 6 -14 -93 10. Sale of Vehicles Accepted three bids in excess of $1,000 for the sale of used City vehicles that were advertised in the St. Paul Pioneer Press on Sunday, May 23, 19930 11. Hazelwood Parks Fireworks Agreement Approved the agreement between the City and Richard Schreier for the use of his property at the southwest quadrant of Beam Avenue and Kennard Streets for the purpose of producing the July 4, 1993 fireworks display and show. 3. Amended Resolution of 1993 Pay Rates for Temporary and Part -Time Employees a. Mayor Bastian moved introduced the following Resol uti on .and ,moved i ,.ts adoption: 93 - 06 - 78 AMENDING 1993 PAY RATES FOR TEMPORARY AND PART -TIME EMPLOYEES WHEREAS, according to the Minnesota Public Employees Labor Relations Act,_ part -time employees who do . not work more than 14 hours per week and temporary employees who do not work in excess of 67 days in a calendar year are not covered by union contract wage rates. NOW, THEREFORE, BE IT RESOLVED, that the following pay rate maximums are hereby established for temporary and part -time employees effective March 1, 1993. Specialized Recreation worker $12.32 per hour Recreation Worker 8.25 per hour Recreation Official 18.52 per game Puppeteers 30.85 per show ___Accountant 15.52 per hour Administrative Assistant 13.68 per hour Secretary 11.34 per hour Accounting Clerk 11.73 per hour Clerk- Typist 10.48 per hour Video Coordinator 10.50 per hour Video Technician 9.50 per hour Election Judge 6.10 per hour Election.Precinct Chairman 6.35 per hour Laborer 6.61 per hour Engineering Aide 7.24 per hour Janitor 5.55 per hour Receptionist 9.96 per hour BE IT FURTHER RESOLVED, that the minimum pay rates for each of the above be (1) the amount specified by Federal and /or State law for those positions covered and (2) 52.75 per hour for those positions not covered by Federal or State law. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers Carlson, Zappa Nays - Councilmember Juker 4 6 -14 -93 G. PUBLIC HEARINGS: 1. 7 :15 P.M.: 2425 White Bear Avenue (Calvary Assembly of God Church) a. Mayor Bastian convened the meeting for a public hearing regarding a request from Calvary Assembly of God Church for a land use plan change and a conditional use permit to use the building at 2425 White Bear Avenue as a church. b. Manager McGuire presented the staff report. C. Associate Planner Roberts presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Edward Berglund Mark Smith, Member of Church Board Ruth Gontarek f. .Mayor Bastian closed the public hearing. Land Use Plan Change (4 Votes) Conditional Use Permit g. Councilmember Zappa moved to take no action on this item. MOTION DIED FOR LACK OF A SECOND h. Mayor Bastian moved to table. this item for 2 weeks to be heard before a full Council on June 28, 19930 Seconded by Councilmember Juker Ayes - all 2. 7:35 P.M. (8:15 P.M.): Carefree Cottages Of Maplewood a. Mayor Bastian convened the meeting for a public hearing regarding a request to change Condition 3 of the Conditional Use Permit approved on December 30, 19910 b. Manager McGuire presented the staff report. c. Associate Planner Roberts presented the specifics of the report. d. Commissioner Frost presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Justin Mallmann, 2400 Flandrau Glenn Wilke, 1733 Gervais Barb Fenton, 1725 Gervais Bruce Mogren, the applicant f. Mayor Bastian closed the public hearing. 5 6 -14 -93 Gervais Avenue Restriping g. Councilmember Zappa moved t0 direct the Public Works_ Department to s restri a Gervais Avenue between the Maple Ride Shop Center and Kennard Street dropping one west-bound veh;i ccl e, traff i c lane and addi nq a bicycle. lane along the north edge of theeaveme_nt. Seconded by Councilmember Juker Ayes - all Conditional Use Permit h. Mayor Bastian moved to review e_ne d for the proposed sidew.al k to the west when the Conditional Use Permit is reviewed for renewal Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers Carlson, Zappa Nays - Councilmember Juker i . Councilmember Zappa introduced the following Resolution and _.moved_ is adoption. 9.3 - 06 - 79 CAREFREE COTTAGES OF MAPLEWOOD CONDITIONAL USE PERMIT WHEREAS, Bruce and Gerald Mogren applied for a change to Condition -3 of the Conditional Use Permit for the Carefree Cottages of Maplewood Planned Unit Development; WHEREAS, this change would drop the required sidewalk from the project to Four Seasons Park; WHEREAS, this permit applies to the undeveloped property on the North side of Gervais Avenue, East of F1 andreau Street. The legal description is: The North 689.64 feet of the South 989.64 feet of Lot 2, the North 284.67 feet of the South 989.64 feet of the West 15.0 feet of Lot 1, and the South 704.97 feet of Lot 1, all in E. G. Rogers Garden lots, Ramsey County, subject to Gervais Avenue road easement. 4 WHEREAS, the history of this change in the permit is as follows: 1. The Planning Commission discussed this change on June 7, 1993. They recommended that the City Council approve the change. 2. The City Council held a public hearing on June 14, 1993. 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 change condition 3 of the conditional use permit for this property for the following reasons: 1. The use would not change the existing or planned character of the surrounding area. 2. The change would not depreciate property values. 6 6 -14 -93 3 . The change would avoid creating a nuisance to adjacent property owners. 4. The use would preserve the neighbors' trees and landscaping. Condition 3 shall now read as'follows. 3 . The developer shall install and maintain a 5- foot -wide concrete sidewalk along the North side of Gervais Avenue. This sidewalk shall run from the existing trail that is next to the Maple Ridge Shopping Center t0 the Cottage's West property l i n e . The sidewalk shall be subject to: a. The City Engineer approving the. plans and specifications b. The Council ordering the restriping of Gervais Avenue between the Maple Ridge Shopping Center and Kennard Street to include a bicycle lane. C. ..Review for the past to the West to Four Seasons Park will be done when the Council reviews the Conditional Use.Permit which was approved December 30, 19910 Seconded by Councilmember Juker Ayes - all 3. 7:50 P.M. (9 :00 P.M.): Special Hearing: Liquor License - Champps a. Mayor Bastian convened the meeting for a public hearing regarding continuation of the liquor license.. b Manager McGuire presented the staff report. c. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Alan Demmers, Attorney representing Champps Wayne Belisle, part owner of Champps d. Mayor Bastian moved to table the public hearing until June 28, 1993, and all documents to be presented by Champps ar to. be submitted to the City Attorney by Noon on June 15. 19930 Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers Carlson, Zappa Nays - Councilmember Juker .Councilmember Juker left the meeting at 9:35 P.M. H. AWARD OF BIDS 1. Maplewood Nature Center Addition a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Odegard presented the specifics of the report. 7 6 -14 -93 c. Mayor Bastian introduced the following Resolution and moved its adoption: 93 - 06 - 80 AWARD OF BID FOR NATURE CENTER ADDITION BE IT. RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the bid of Nordling Construction Company of North St. . Paul in the total amount (including Option #1) of $136,718 is the lowest' responsi bl a bid for constructing the addition and a sidewalk 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, and BE IT FURTHER RESOLVED that the Council approves the additional expenditure of an estimated $15,950 for a Honeywell Detection System, Sprinkler Protection, Computer Network Wiring, Screening, NAI Architects contract and contingency, and BE IT FURTHER RESOLVED that funding for this addition and related expenditures is to be from Tax Increment Financing in the amount of $62,750 and from the PAC Commercial Fund for the balance of approximately $89,918. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker Nays - Councilmember Zappa I. UNFINISHED BUSINESS 1. 1993 Fire Department Contracts a. Manager McGuire presented the staff report. b. Councilmember Carlson moved to nay the fire departments based on the 1992 Contracts. Seconded by Councilmember Zappa Ayes - all Councilmember Luker returned to the meeting at 9:48 p.m. J. NEW BUSINESS 1. Ruth Street Stop Sign a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard. David Moeckel 1722 Ruth Keith Anderson, 1772 Ruth Don Harlan, 1980 Price Representative of Mounds Park Academy c. Councilmember Zappa moved to restrict the driveway at Price and Ruth with a tyae of blocking that can be us by emergency vehicles and the block be placed far enough from the intersection so residents can gain entrance to their garages. Seconded by Councilmember Carlson Ayes - all 8 6 -14 -93 2. Oswald Gardens Street Width Request a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Philip Oswald, owner of property c. Councilmember Carlson moved to approve constructing Curare Street at 28- feet wide, with parking restricted on the West side of the street. Seconded by Councilmember Zappa Ayes - all 3 City Street Overlay Program a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Don Spadino, 2668 Midvale Place, requested his street be resurfaced and the drainage be improved. c Councilmember Ju.ker moved to authorize staff to prepare bid do. cume is and advertise for bids to overlay _the following streets. Ide Street Frost to Sophia Sophia Avenue Clarence to Birmingham Clarence Street DNR Trail to Skillman Bartelmy Lane Minnehaha to Stillwater Sterling Street Mary to Seventh Flandrau Street Sandhurst to Lark Prosperity Road 100' South of Laurie to North of puddle Laurie Road Birmingham to Hazelwood Sandhurst Avenue Birmingham to 100' West of Hazelwood Street Barclay Street County Road B to Laurie Hazelwood Street 1200' South of Co. Rd. D to North Laurie Road Kennard to Flandrau Birmingham Street Laurie to County Road B Midvale Place Seconded by Councilmember Carlson Ayes - all 4. Authorization to Hire Park Maintenance Person I a. Manager McGuire presented the staff report. b. Mayor Bastian moved to authorize hiring a Park Maintenance Person I. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmember Carlson MOTION FAILED Nays - Councilmembers Juker, Zappa 9 6 -14 -93 5. Project 89 -04, Easement Agreement a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to approve the easeme.._ t.agreement. 31 Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Zappa Nays Councilmember Juker K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. Grass Cutting - Ramsey County a. Councilmember Juker questioned why Ramsey County has not cut the grass on the boulevards. b Counci 1 member Juker moved to di sect . staff to send a 1 etter to Ramsey County request ng them to cut the grass and clean up the area (cl i pgi nas and debris). Seconded by Councilmember Carlson Ayes - all 2. operation Rescue a. Councilmember Zappa questioned whether staff is ready for Operation Rescue. b. Director of Public Safety Coll ins stated the City is meeting with other communities and updating action plans to handle any problems. 3. East Side Business Luncheon a. Councilmember Zappa stated there will be a luncheon. presented by the East Side Businessmen's organization. 4. History Advisory Committee a. Mayor Bastian requested Council to submit their ideas and opinions of what they foresee as the History Advisory Committee's goals. 5. Land Trust a. Mayor Bastian moved to direct staff to prepare to ensure that property acqu i red for open space remain open , space . Seconded by Councilmember Carlson Ayes - all 10 6 -14 -93 6. Left Turn Signs - Rainbow a. Mayor Bastian commented that there were stop signs down and asked when they will be replaced. b. Mayor Bastian moved to direct staff to ensure reel acement of ,stop signs and investigate the procedure for changing the configuration of the drivewa Seconded by Councilmember Zappa Ayes - all M. ADMINISTRATIVE PRESENTATIONS _ 1. Green vs Maplewood a. Mayor Bastian moved to accept , he City Attorney_ 'srecommendation and settle this matter. b. Seconded by Councilmember Juker Ayes - all 2. July 5 Meeting a. City Manager McGuire stated the Council /Manager meeting regularly scheduled for the first Monday of July will need to be rescheduled because of the July 4th Holiday. b. Council agreed to hold the Council /Manager meeting on July 8 from 4:30 to S:OO P.M., followed by the Council Workshop from 5:00 to 7:00 P.M. N. ADJOURNMENT OF MEETING Lucille E. Aurelius City Clerk 11 6 -14 -93 AGENDA NO. F -1 AGENDA REPORT TO: City Manager FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: June 21, 1993 It is. I recommended that the Council approve payment of the following claims: ACCO UNTS PAYABLE: $ 149, 899.67 Checks # 1001 thru # 1026 Dated 6 -1 -93 thru 6 -4 -93 $ 200 Checks # 10186 thru # 10365 Dated 6 -28 -93 $ 350M9.12 Total per attached voucher /check register PAYROLL: $ 210, 43 8.47 Payroll Checks # 35214 thru # 35384 dated 6 -18 -93 $ 45 Payroll Deduction check #35389 thru # 35403 dated 6 -18 -93 $ 255 Total Payroll 606,296.94 GRAND TOTAL Attached is a detailed listing of these claims. lz Attachments FINANCE/APPRCLM.AGN VOUCHREG CITY OF MAPLE:WOOD PAGE 1 1 FOR PERIOD 0 2 2 3 3 t � �•- 4 _►1 w 4 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK 6 5 5 NUMBER NULL -'ER DATE_ NAME DESCRIPTION IP T ION AMOUNT AMOUNT . 7 t 7 tool `- r. 741325 f . 06/01/93 r f" RAMSEY COUNTY CONCILIATION C OURT FILING FEES r " i 2yr,; . 000 �"- d r"r x.88.00 ,o 8 9 Y Y yy R 1? t_ 10 .1 •_ 4 _ NATIONWIDE .� �� 13 14 1003 541400 06/01/93 MINN. S TATE TREA S TATE D LICEN 71 0 ? 12 1 13 1004 541 400 06/01/93 MI NN .. STATE TREASURER STATE DRIVERS LICEN S TATE f �. i � l �..f� «���� 17 2 1, 180.66 18 14 19 15 r• - 20 - - _ 8 r.- . _ r . _r _ _ 1 ^ t . - -' -:0 .2 21 16 HEALTH — LIFE --DENTAL INS. 12, 800.40 22 17 INSURANCE CONTINUANCE: 69 1 .2 rr 16 9 982.93 23 18 24 19 1 006 530100 06/01/9 3 ME1) f CA CHOICE HCMA DEDU T ON , PAY 2 111 " . 14 25 26 20 MEDICA ;.LNS.. DEDlJCTL+E�N FDLE 59 6 27 21 -222 28 w ' 6 : 3 29 2 2 A/R INSURANCE CONTINUANCE 777. 1 30 23 31 24 _ 32 25 .33 34 26 1008 � I �i ti _ 110 C /µ/� iiiiiiy���. a � �' a 1 / . �. MN MUTUAL LIFE INSURANCE HCMA DEDUCTION PAY .315-:11, 40 35 27 36 28 1 Lt r HEALTH --LIFE - DENTAL INS. 887.29 38 29 A/R INSURANCE CONTINUANCE 3 7:76 1 3 0 4 0 31 1009 501400 06/0 1/93 MADISON NA LIFE L.T. INSURANCE � 1.10. �j �, 111`ar�i0 42 32. 43 33 ,:. 44 34 _ 1_, _ _ «� _ •1 « r « r w . « S TRAVEL & TRAINING w _ 175.00 45 275.00 46 35 47 36 48 37 A -9 0 .: ,.:. w w ... 2 9. 00 �...• r 49 38 , 1 ..+ � 1 � Ci �a w C� r r 1 �:� �. / r ,� MINN M I NN STATE TREASURER TREA - STATE D RIVERS LIC Yy 79 .00 50 51 79- 39 52 40 1013 541400 06/02/`:3 MINN. STATE TREASURER MOTOR VEH LIC FEE 1; , 364.56 53 18, 364.5 6 54 41 55 42 56 43 57 58 44 1015 541400 06/0:3/ 3 MINN STATE TREASURER MOTOR VEH LIC FEE 427.50 r .427.50 59 45 60 46 1016 541 400 06/03/93 MINN. STATE TREASURER MOTOR VEH LIC FEE: 20 285.15 61 20, 285.15 62 a 48 :T _ ,. 63 _ ,,. , 64 iot7 49 RE 2 0 0 0 6 �r 3 •..r •� 65 66 5 1020 120 =;25 06/04 CELLULAR ONE TELEPHONE 180 .45 180.45 67 51 68 52 � . 1.022 r 1 x r Car_, /04/ 93 r r i� . fr r DEPT. OF NATURAL RESOURSES f_ DNR LICEN ,"' :309 w 00 30 9.00 70 53 71 54 72 1.3 i 0 2-_3 55 56 1024 190400 541400 06/04/.99 06/04/9 DEPT. OF NATURAL RESE)URSE S MINN.. STATE 'TREASURER DNR TITLES ;STATE DRIVERS LIC FEE 0 ;ZT w50 3 0 0. 73 74 ` 27.50 75 57 76 VOUCHREG CITY OF MAPLEW Ot. D PAGE 2 I 7'� �M,� w r _ , OR F'ERIC.D :06 2 _ - 3 _ 5 CHECK VENDO CHECK VENDO ITEM ITEM CHECK 6 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 a 1025 541 400 06 /04 /93 L MI NN , STATE TR E AS URER MOTOR VEH L IC FEES 1$ s I S 429 540 10 _ , - 11 12 F' /R DEDUCTION ' 14, 810.79 13 26 14 15 18 10187 010 .9- 06/28/93 AC HARDWARE SUF'F'l.IES — JANITORIAL ��.� R�� 19 „ 20 MAINTENANCE MATERIAL 10.68 600.80 22 23 h 25 1 0 1 89 f''1 f l 1 •.l w+rJ 06/28/93 ' f� }�� i INC. A 1J t.f. f Y A 4.. { 1 Y ,•. + .. PAGER MAINTENAN - RENTAL .' � �� . 2 1 26 27 28 PAGER I S PAGER RE NTAL 40 • ' 13 29 30 PAGER RENTAL 21 . 04 96 . 33 31 1019 0 0 Z() 0 �a / �: j� f 9 ::� A L I� RITE ELECTRIC - COMPANY � IMP D L I 11 � ��, 33 BUILDING IMF'RUVE �. 1 ,# 35 36 10191 1az1zoo 0 6 93 AMERICAN FASTENER SUPPLIES - VEHICLE ` i j `�,?` R 9 37 �` w i 38 39 RUe, RENTA FOR MAY. '5 . 41 10193 c l w 4. t.� 0612815 AMERICAN F U t- C WORKS A S S fa C, AGENCY fi E M D R c F. f�f .,� H I F ,� R Y F� '( 3 t 42 .., ..�') R c * � 4 3 44 10194 030420 06/28/93 ANDERSON, EVERETT A CONSULTING IN SPS x/ 1'7 - �/� 1 , C�1E:.7� 1 , �1.�� R 7� as _ .- - 47 ! 49 1 01 96 031 1 00 06 /28 /93 APPEARANCE PLUS CAR WASH k �00 50 51 -. 52 e. A R WA13H CAR WA • w -10 60. 00 53 54 CAR DASH G r 00 84 55 56 101 97 031500 06/ZS/93 AQUATRUL_. MAINTENANCE MATERIAL 41.5 1 7 57 41w•R87 5 a 59 i 0 i i i "` E - 4 9 9 S HIR - REVIEW -S _ 60 f . ; l +-1 1 • ... r 14 .3 1 s1 10199 040915 06 /28/93 ARNALS AUTO SERVICE REPAIR MAINT* /VEHICLE 631.50 62 63 10200 042200 06 /28/93 ASSOCIATED BUREAUS, INC. COL..L.. AGC FEES DEC: gZr AMB ACCT 77 , CJD 66 7(.00 67 68 1.z 1 .�5 350 0 /::, /:3 AURE:LIUS LUCILLE 'TRAVEL & TRAINING 411.96 410.96 60 � _ z , � : ,. ' A-� D N I N "-LC-K - �F-U Nf DLf �— -F EE r ». - 71 72 _ 73 1 .�Z:0•3 061000 06 /Z8/93 �ANICK� JOHN SUPPLIES — EQUIPMENT � +� .S!� 74 t�1 N,a� 75 76 VOUCHREC CITY OF MAPLE:WOOD .. PAGE 1 i t 2 F PERI 06 1 2 3 d 5 CH VENDOR CHECK VENDOR ITEM ITEM CHECK 6 NUMBER NUMBER DATE NAM DESCRIPT AMOUNT AMOUNT 6 8 7 1 0204 06110 0 /Z8- 9 3 BANN IGAN t KELLY TRU ACC LEGAL 6 � 64 10 8 LEGAL 1 -80.00 t1 9 :. » 12 10 LEGAL 11 1 tiZ05 061150 06/28 L'AR I LLA , TONY REFUND FEE 15.00 14 15.00 15 12 1s 13 10206 14 061 405 06/ BARNES ;rv, NOBLE L���r�K .156 18 w + ..�.. 83 15 190 `;?l • «. . 19 16 0 6 t SW 11 1 .• t) fi e.) . 1 7 1 0208 070100 06/28/93 DEACON PRODUCTS DRY LINE. COMPOUND 2, w4 =f . 60 22 2, 49 r 60 23 18 24 19 1 0209 071 430 01 /t0/ .3 13 15N IEk: , JACK. REFUND FEE 1 �.��_� . 00 25 1 Do . 00 2 6 20 21 i A . 40 r, . --..:o 6 4 .: ::. .... 4 22 •... 23 10211 080000 06/28 DJ ERKNE3G , SCOTT REFUND FEE 20.00 30 20 „city 31 24 32 f D� 1 09 1350 �i6 /98/'� 3 DRCCfc WHI TE _ H��VEL3 �, 8-7 '�,.a . � 9,»� W-7 2 s 27 36 „. ' " 37 29 10214 110470 D6 /23/9 3 CARLE, JEANETTE M I LACE 20 ,'80 38 ZO . e -0 39 30 40 31 102115 1104T6 D.�/ _ /.. 3 CARLSON AL REFUND FEE �.V .0D 4 1 2D.DD 42 32 33 10216 1 i 0 4 9 0 6 3 C. IJ 1 FNM ENT *ARL . 43 ; - � 44 34 R,EPAIR PUMP REPAIR 9 ? Z .85 46 35 PUMP REPAIR 77.76 47 36 48 3 7 38 PUMP REPAIR" f L j � 4 9 �,� 1 _7ti 50 0 1 11 1 0 EfR s .. :. 51 .. 52 40 - - - - - L.. �_� c... .. 53 41 54 10 42 1105 06/ 23 /93 CARR , TOM REFUND FEE 1 0 . 00 10 ■ 00 55 56 43 lo ng 10.1 44 1 +' �"'. �yy 1 1 w . »t j �r � :.; ;✓�:.rl G1 : :: f : ' � .. y .:; CAT _ p j��'+� [� REPA�I1�: 1'1A1.1Y1YHL'LE q L.I 1 .� f e q 57 58 45 r., , ID i 1(-) 9 8 t- .,� 'E --------- ». 59 ,.., 60 x '. 4 6 •• , " r t _ r _ y _ . _ _ 61 47 1 �. zz 1 1 20323 06/28/93 CELLULAR ONE TELEPHONE HOLDER — BATTERY 47.93 62 47.93 63 48 64 � ., ,. ,., 1022 ,, , 06/,�:�?/�' 3 CELLULAR ONE TELEPHONE 1 15 . x 7 65 66 50 TELEPHONE. 53000 67 '51 • .- ., sa 52 - TELEPHONE ... _._- 19.53 69 70 53 TELEPHONE 47. =; 71 55 56 74 10223 140450 06/28/93 CL INT3MAN, LEE SR. REFUND FEE 10.00 1(i 0 0 75 76 VrJUCHREG 61 180100 C ITY OF MAPLEWOOD D: C. A. , INC . PAGE 4 � " 1 2 : _ FOR PE RIO D c� 6. 2 _ U N I F .. R M S _. Cf L 4T . Itl G 16 49 50 . 06/Z8/93 GOPHER BEARING COW 3 3 :, 7 10227 1 80 11 0 06/Z8 4 DEN CLAIMS �. ��? � -rid_ � X37, 3D 18' 52 53 5 5 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK 6 ' NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 6 t 89 1 8. 52 06/9.81' 9- 5 _1 DAVIS t e. K ZR' SAFE REPAfR MAINT el e . 0 4 7 G _ g 8 10224 150000 06 /28/93 COLL IANDE.R, LOWELL REFUND FEE - �0 DD 10.D�J 10 9 -. IUIRTIS _ 57 10240 12 in i 2 5 170150 0 6 f 2'.3 f9 3 tOOO eAP tMPROVE FtAN E 0 24 1 0230 10 180100 06 /28/93 D: C. A. , INC . CONSULTING WORK 400.00 400.00 t5 47 48 S E R V ICES _ U N I F .. R M S _. Cf L 4T . Itl G 16 49 50 . 06/Z8/93 GOPHER BEARING COW SUPPLIES — VEHICLk. 390*09 :, 7 10227 1 80 11 0 06/Z8 D. C's A. DEN CLAIMS �. ��? � -rid_ � X37, 3D 18' 52 53 10243 31071310710 01= ./;8/93 GOPHER ST ATE: ONE - CALL, INC:. 52 18.00 18.00 19 54 UNIF UNIFORMS & CLOTHING c.. 434.55 .. _ ° _ 20 t 89 1 8. 52 06/9.81' 9- 5 _1 DAVIS t e. K ZR' SAFE REPAfR MAINT el e . 0 4 73 G - -. 22 10229 1 `0050 0 DECKER, JACK REFUND FEE 10.00 10.00 23' 57 10240 0 900 06/2 GLENW D INGLEWOOD WATER CrOOLER RENTAL: MAY. / 24 1 0230 190060 06/Z8/93 .:DECE GARDEN CENTER SUPPLI -- EQUIPMENT. NT. � � �,. �= ,45 26 ' 4 .2t ■ 5 6 6 2 w 247.74 63 2 002tO 0 6 2 .8 • 1 DleK 64 • 0 29 30 10232 2 ,='00505 016/28/93 DI EBE,L, TIM • REFUND FEE � �. �J • 0 0 1 0 . 00 31 32 10 Z 3 3 �.ZD ZZU c /, / 93 DVORAK I LOR L REFUND PROGRAMS r„D . �t� �►t� * of) 34 35 1 0.2 3 4 M ,- 36 38 1 0 23 5 2 5► 0 1 1 F 06 E I Rrat GC•I E JUNE FEE 1 1 CJ, w 5 D 11 0 50.50 39 40 h. 1G..�,... , t^ f! D� /�.l , FAMILY EFiV JULY :DEC ,. ERV C -: ,. J � • � - 1.Z 5C 0 ��. J � ¢'` � ..,0��, 42 43 .-,.. .. _ r:.. i.. _ J r.. .M w s 44 w 10238 290210 06 /28 /9: FREDRICKS, JIM REFUND FEE 15.DD 15.00 47 48 S E R V ICES _ U N I F .. R M S _. Cf L 4T . Itl G •.r �. * . '1 49 50 . 06/Z8/93 GOPHER BEARING COW SUPPLIES — VEHICLk. 390*09 :, U & CL OTH I49 1 51 68 52 53 10243 31071310710 01= ./;8/93 GOPHER ST ATE: ONE - CALL, INC:. 52 18.00 18.00 69 70 , 71 54 UNIF UNIFORMS & CLOTHING c.. 434.55 53 54 , 72 ..1 w ..t UNI & CLOTHING 23.31 55 73 G - -. 74 57 1 0245 34 0 GRACE DUANE CONSULT S . S T N ,., F ,:� . . - U & _ '"' * ,�, . ... 57 10240 0 900 06/2 GLENW D INGLEWOOD WATER CrOOLER RENTAL: MAY. / 55 4 55 40 58 5 9 � 60 1092'41 310400 06's/28193 G ODYEAR TIRE COMPANY REPAIR & MA IN7 /VEHICLE .2t ■ 5 6 6 2 w REPAIR *& MAIN1 /VEHICLE 247.74 63 64 49 •:. w. ,� ., a 65 1024 310500 06/Z8/93 GOPHER BEARING COW SUPPLIES — VEHICLk. 390*09 :, 68 52 53 10243 31071310710 01= ./;8/93 GOPHER ST ATE: ONE - CALL, INC:. MAY 93 SERVICES 18.00 18.00 69 70 , 71 54 72 ..1 w ..t .� 73 G 74 57 1 0245 34 0 GRACE DUANE CONSULT S . S T N ,., F ,:� . . .•''': t 0 1 ,.._ c .� 75 76 i ..� 4.. - 2 . voUCHREG CITY OF MAFLEWOOD F`AC;E 2 I-0I) 0 F CIR PE R � z 3 3 W 4 4 CHECK VENDOR CHECK VENDOR ITEM ITEM 5 CHECK 6 5 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 6 8 7 10:46 320310 06 /28/93 _GREEN VALUE NURSERY MAINTENANCE MATERIAL 190.05 190.05 to 9 1t 12 10 11 ENT SUPPLIES EQUIPMENT' 189 .55 13 14 SMALL TOOLS � 25 15 t2 _ 16 13 ,. r +.r ,, 5 17 14 18 15 10 .43 3'20` 05 Sidi 28/93 GUZ j. ANDY REFUND FEE 1i�] � i;�tj 1 0.00 19 20 16 10249 330060 06/28/93 H.V. JOHNSTON CULVERT CO MAINT MATERIAL 630.27" 21 630.Z7 22 17 23 18 24 3 -300 90 '' 2- + 3 -BILL REFUND FEE r 25 2 0 1 Ca 1 330.? 06/28/93 HAGGLUND� I}ENiuI� REF•!.1 . F• ;� Z 5 . O0 26 �:� 27 2 5..00 2, -. 28 22 10252 330210 06/28/93 HALL, VENA REFUND FEE 25.00 29 25. 30 23 24 r •• 5 56) -%;`;l'E) 4 i r• 31 32 25 0 494 00 33 26 1024 ^41 a 00 ��, � 06/�.S _ HENNEF'Ii TECHNICAL COLLEGE TRAVEL TRl�ININ :.. 15.7'c 34 35 27 ,, 28 . _ 2 ; 37 2. 38 10255 341T60 06 /28/ 9 3 HESS SURVEYING INSTRUME EQUIPMENT OTHER I T6 , 7 ;r 17 r.. r 7 39 30 " 40 31 1c7t 3C�OO D+ /2S /'"f3 HIL.L. CREST GLASS MAINTENANCE' MA TER 13 »: 41 •. 42 32 33 6 i w. 0 ,. 43 44 4 1 de ..0 I.F L— Ll R Ef U N 1) 35 46 1 0258 3700 $5 06/28/::13 HUSEBY, PAM REFUND FEE 1 0 . 00 1 0 . 00 47 36 48 37 102 -259' 3e:i 860 _. 06/28/.3. IMAGES & MEMORIES ' PHOTO DEVELOPING . 15.97 49 15.97 5 38 39 1 - 0 26 0 �. .. ' :. 52 40 -+ - _ - +- + ._ - - , R EFb FE E - - 53 41 10261 401490 06/28/93 JOHN, DANIEL REFUND FEE 10.00 54 10.00 55 42 56 43 r r,, I DZ6; 44 401 900 ,, 06/28:/923 JOLLY TYME FAVORS + PROGRAM SUPPLIES 26 70 57 8 s PRr�RAMUF�FLS 17 « +;, 59 45 60 46 47 R 06 8 `r F'Ri +GRAM SUPPLIES _ 4 . 17 61 68.26 62 63 48 10 4104 2 -- KELLER 64 49 50 102 { +4 51 42 70 /2 / - :.LEPREL III, CHUCK tE 'tJNT� F'EE C3.t�t 65 66 20 » DD 67 68 52 102 43 3 O O6 f � f 3 KN WLAN ` S B'UF`F'L I E - JAN I TOR I AL 53 SUP'P'LIES — JANITORIAL.. 16.39 71 54 5 s 56 PROGRAM SUPPLIES 16 i'Ll 6 74 SUPPL - JANITOR AL _ If .46 5E 75 75 7s VOUCHREG CITY :OF MAPLEWOOD PAGE 6 %$ -H-a f Q1 -6j M 1 'HER/CHECK VOUe REGI.STER FOR :PERIOD OF 2 1 2 3 3 _ , 4 5 4 CHECK VENDOR C HECK VENDOR ITEM ITEM C HECK 1 6 4 5 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 6 8 8 10266 9 , • 43 _ 06 / Z 8/ 9 3 _ F� LUMBER r r MAI MATERIAL ��D. ?+� � �DR7� 10 � 12 , .. 10 .� _ .r E-.a J -•. . f .2 13 14 11 ,. 1 �a::::f.:�8 440220 /� Cf / , r r 8 /93 �� R I EG i DAN REFUND FEE ` 0 . DD _ 290. U CH ' 15 12 1s 13 10269 451430 06 .9 /93 LANDMARK, INC. REFUND GRADING ESCROW - 1 0. 00 » UD . 18 � 1 4 REFUND GRADING ESCROW » 1 4 1 9 15 20 16 INTEREST ON ESCROW f . '` 19.59 2 21 22 � 17 23 18 ` ' " '� ,.., — — 19 460608 - - 10 f 25 20 26 1Q 71 4707QO 06/�'8/9�3 LILLIE SUBURBAN rNE14SPAPERS AD .FUR ASST, rjTy ENGRa 11�?. D I19 20 27 21 _. 28 22 10:'72 23 480500 06/2.8/`x:, LOFGREN JOHN Rw MILEAGE . 3 4.06 29 30 1 MILEAGE 3 6 4 , 7 4 31 24 32 25 1027 -. 26 4 8t:16-130 06 Z 93 LOPEZ,' AAVID k:E�.�`�!� FEE - 1D.0D 10 100 33 3a 3 5 27 r• i 4 _ .. M 36 28 2 9 10275 500415 Ut: / M w G. M w A w � MEMBERSH 2 D � . c�U •� �D:j . CCU 9� 3o 40 31 1 5D051D ' r ". " M C6 /ZS/ ?3 . MN, C.F «A.. SEMINAR SEMINAR LAWFUL GAMBLING r, ��D��� 1�:Ca »D�.Y 41 42 32 � 43 33 0 271 1 _ �„ r r. 44 34 .. _ r r . • r • f .. 4� 5 35 1 ,1 2 78 501 06/28/::73 MAC: QUEEN EQUIPMENT � � SUPP _ IC V E H I �.• L E 1 3 6. 32 3 1 � i.. 47 � 36 37 1 02 7 9 5 � / Z8/93 MAPLEWOOD REV I EW. MAPLEWOOD REV,IEW 14. 00 16.00 49 50 38 51 39 ,", - r : — o- 52 ao 41 _ _ _ _ _ _ ... _ _ •' LE Ej INTEREST ON ESCROW f w 69 .73 6 54 55 43 44 R MAT•NCE. / . 9�. ,; . - 57 58 59 45 i 0282 r �,. 60 46 v _ _ 5 w w 61 47 62 ' 1 ` F „�3ta5tl0 06/28/.3 ` ''' MEICIARD M A I N T MATERIAL "I" E R I A L �' 65 .26 63 48 MAINT . r 64 49 CHEM I C ALS Z0 .5 97.85 ss 50 67 51 r i . 5 23 1 i r. 06i METRO FIRE MET 68 I 10285 540085 06 /; -:- "8 9 3 MIDLAND NURSERY INC:. LAND IMPROVEMENT 5 71 55 73 74 5 1 {.��: -86 5401 10 06/Z8 MIDDAY FORD MIDWAY FORD I Z, 383.00 75 00 MIDWAY FO R D r. r r». r r 76 1 •". .. . ... ! • VOUC:HREG r . CITY OF MAPLEWO REGI FACE 7 8 FOR ti:. PERIOD 0 6 2 f 3 4 CHECK VENDOR CHECK VENDOR T TEM ITEM CHECK 5 6 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 8 1027 .. •5426 C / $ / f�: MI NNE MUFFLER _ REPAIR ;� MA IN7 / 65 » 9 _ �5 . 00 10 .. .. �. 1 f t 0 2 18 -1 9 _ ._ _ _ 1 i. rJ r _ _. 0 12 . j r •r . 13 10289 570078 06/28/93 MOE, KATHLEEN REFUND FEE 10. 00 10 .00 14. 15 16 r ,, � 1 0290 ST0t_90 06/28 MOGREN BROS. MAINTENANCE. MATERIAL 195 .96 17 MAINTENANCE MATERIAL 7 .8 r ._ i8 19 1 OZ 91 570091 06 /28/93 MO U —CART CONCRETE MAINTENANCE MATERIAL Z 215.66 20 21 22 •_, r w w ti. r. 23 24 IL v r - • - 25 1 570200 06/283/93 MC EhIG, RAN REFUND FEE �t�.D 2t� «c�c� � 10294 5 70500 06 /28/93 MOTS; BOLA, INC MOTOROLA, INC. 4 310.59 28 29 9 4310.59 z 30 r . r 31 c.. , .. _ - 32 " «' 33 1t Z96 610050 .. 0 6 1 Z8 /9 2' MULLEN LORI RE FUND 'RC+ t" S! 10 i }C 1 0. 00 34 35 10297 630215 06/28/93 NASH, MIKE REFUND FEE 15.00 36 37 1•� t}{ 151 . 38 �.... - 6 r r-. ;. L 1 NG ERV 39 �.. ,,� : 8 1 e E AD FOR DATA EN .. _ M t.. 42.t 40 41 .� r r► 1 c �+ . «. rw �. 30 :ADD it 06 /28/ 3 r, NATIONAL YOUTH SPORTS COACHES +�)ACHES C'ERT tF I CAT x r.iN 4 �; 42 ----- -- t _ «. .7r . 00 43 10-300 640550 06 /28 /93 NELSON, JEAN VEHICLE ALLOWANCE 20 44 45 2 0 .38 46 0.30 t �• �, i , 3 47 w . y « 48 49 10 30 6611810 06/28/93 NORTHERN AIRGAS INC ra Ci::YC,EN �fi 50 :� _ r; � i l i 1 P ME N T 52 53 1 0303 661 400 06 /28/93 NORTHERN DOOR CO. REPAIR MA INT /-BLDG r.: GROUNDS 729'. 05 729 -05 54 55 1 Dw�t 661600 bra // � NORTHERN N..RTHERN HYDRAULxCS,INC« SUPPLIES w VEHICLE •�:�;:�.�� �•-�� �, 56 .... t 1 •. . 'c,. 58 r 6 a-or 0 6 C-1 0. re 9 9 59 ' • .. �' " 60 CAR IAA JHES 37 120. 61 62 ,. 63 29 8 9.3 eHEHA8-cjER,. F-F-u T FEE __ 64 2 __ v 1030 6915300 Oh-"/2 OSWAL HOS & ADAPTERS Ei EF'A IR E i t. IP' 48 66 . ti p ch i 67 10308 700550 06/28/93 PM PUBLISHING JULY MAPLE:WOOD IN MOTIOIii 400 .00 400 .00 68 69 73 10- . A . 8 / 71 e. _ , - _ • 72 - « 73 7 f0450 06/28/93 PEKA , DAN REFUND FEE 10 . �,tr 10. 74 7 5 79 VOUCHREG CITY OF MAPLEWOOD PAGE S 7 0 .. 8. .• 1 tl w ... • • ., � FOR PE R I 00 06 1 2 . 3 i 4 5 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK: 6 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 + 8 10311 711 500 06/2$/93 PHOTO$ TO GO PHOTO DEVELOPING 7.08 9 to FILM D EVi w '• f w8*J � 11 12 10312 712111 06 /28 /93 PLAZA TIRE AND SERVICE INC REPAIR & MAINT /VEHICLE 921 19 92.19 13 14 15 w p 17 18 1031 7 1211 5 06/28/9`3 POLAR CHEVROLET GEO SUPPLI VEHICLE 4U ■ *� 7 '9 1 20 P FjtzAR eHEV t ..• :. « 2 ! .7� . 21 22 10315 720400 06/28/93 POL I ACH I K , J EANNE REFUND FEE 10.00 10.00 23 24 I ()•..+ � 7 20 7 65 0 P S F�EFERPtEDT.�t'�ti iLTAHTS c� S r . MAY - :kR OF f , .l�oIh1 MGMT: ?� t� 170.00 25 26 27 r r. rti r« 28 mise. COMMODITIES PR S UPPLIES 1 9 . 40 30 P R OG R A M SUPPLIES 48 .65 31 -� 32 PROQRAM ,a, P r UP P L61ES - 6��. }� � . . •. " 33 34 ' 35 36 1031 743000 06 /28 / 93 RAY ALLEN MFG ■ CO ■ S UPPLIES EQUIPMENT 1 95 .1 9 1 5 . 1 9 • 38 39 ' 40 J , 1U•.,�zo 032' 751450 _ ,_ •M r r � « 06/28/ r 3 » r ., .. .. RITZ CAMERA PFtIfUT ENLARGEMENTS :REPRINTS 14X4.1! I.4 ' 41 42 43 PROGRAM SUPPLIES 68.63 219.82 46 � 47 Se#T OFF jr(--E - »' • - _ _ 48 .. . SUFFL UF''F'.. E "" OFF ICE 49 50 S UPPL IE -• QFN I.CE I D. ' 51 _ 52 L r S SUPPL I ES OFFICE 259.81 53 54 � S UPPLIES OFFICE 18 55 - - - _ SUPF'LIE "' OF ICE.. 57 58 ' SUPPLIES - OFFICE 1;��. �,�_ 59 �» 60 S U P P L 1 E,9 _ _ S UPPLIE S »- OFFICE r ._. , .•r ,_.:�� w F 6 61 62 � SUPPLIES - OFFICE 23 -5 63 64 SUPPLI ES R-,FFIC-IE-- SUPPLIES OFFICE _ Z3.81 678,95 ss 67 1 10324 7 0450 06/28/93 SAF=E:. PATH PROGRAM SUP'P'LIES 0 71 72 1 03125 78 081 6- 5 06 /ZO /93 S AYRE, DEBORAH F�EFUIVD FEE t? t 1 » w 0 U 1�� » t,� �� 7 4 ' 75 VOUCH CITY OF MAPLEWOOD PAGE 9 FOR F RtOD 06 2 2 3 3 4 � CH 4 CHECK ' VENDOR CHECK VENDOR ITEM 5 C HECK s 6 NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7 a 7 10 �2 7 790130 0 S CHMIT, CATHY REFUND FEE 20 2 10 e 9 • I : 11 is 11 10329 800075 06/28 3 S SEAR—,UPPL I EE — JANITORIAL 42.56 1 12 1. 13 , . Z 8 11 14 1 0330 8CiC 950 . SHANLEY , LARRY �E FUND FEE 101 Ott 10 w C�C� ,C 15 L, 2C 16 10331 17 0��a 8100 06/28/93 SHERRITT, BRUCE REFUND FEE 25. 00 25.00 22 18 � r . r - 21 4 r 2 24 9 •.. _ 2 .. a :� W 20 1 21 8 2 0 6 D Z 06 S N A P A C M T OO L S PURCHASE OF MOTORIZED WHEEL BALANCER 2 L; � 0� 2E ���� :� . �i 4 2o 2E 22 10334 8331 050 06/28/93 SOUTHAM BUSINESS COMMUNICATION AD FOR B I D S ON COMMUNITY CENTE 89.91 2E 9.91 X 23 31 24 r 061 32 . .. 25 C PAPE 01 t * 05 33 34 26 DOOR STOPS -3 . 7 7 3E 27 -. 28 - ''� . - •- •� 37 29 1 0 6 840405 06/28/93 ST. PAUL, CITY OF HA? —MAT CONTRACT MAY —DEC 93 5 675 . T8 3E 39 30 t r-� FLOOD! NG r, - - �_ 4C 31 ! • 32 1 3237 33 _ ... 84060 _.D6. /28 '�,�'T.FAUL PIONEER FRESH i PUBLICAT :IU�i _ .. 1�.�y...� 42 f�.4.:�� 43 44 3 10338 842335 06/28/93 STARE:, ERIN PHELPS REFUND FEE 10 . 00 c 1 0 . 00 1 0 . 00 46 35 47 36 103-39 ,- - 06/ S UPPLY 48 37 ' .9 .44 ' 49 38 1 t7 340 84;'200 0 6t /..' / STEFFE�1 ECOTT - TPtA TRA I I NAG : 151 . fly 50 1 1 M f S 51 39 . 52 40 10341 843325 06/28/93 GT . GEORGE , MICHELLE REFUND FEE 10.00 10.00 54 41 55 42 r1 — 4 : G '5 5 3: — 8 9 -3 r+ 56 43 57 44 10343 843600 06/28/93 STROBE ART REFUND FEE 20.00 58 20.0 59 45 . 60 4s 10344 850600 00 06 /28/93 SUPERAMERICA FUEL COIL 11.55 - 6 2 47 SUPPLIES E IEE EQUIP. 19.50 63 48 FUEL 1 lz 64 49 - FUEL OIL E ... _ ` �.. 29.5 ty 65 66 50 51 FILM F 1 w3r r 7C, ». 67 sa 52 U E •" L FUEL OIL �..f p _ 1:5.36 583.08 70 53 71 54 103415 r-� 150 r. , —, r r q r - 72 55 _ — 20.00 73 74 «. 56 1 ` �� t�y �y t e �„J rw [ J a., D �y r E! �� ' 6 / 28 / 9 ,. r„v TrA SC HIF S KY �� S ON S , INC. T.Ai S CHIF S ��I i "' .� � � 1 .k � r t:. 1 .( .� r• • 75 a... , 1 .1. 4 9t �... 1 57 - 76 6 VOUCHREG _ _ _� _ CITY OF MAPLEWOOD PAGE 10 I ti. .• t e 8 1 FOR PERIOD 06 2 2 a 3 3 4 CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK ` 5 6 5 NUMBER NUMBER DATE DAME DESCRIPTION AMOUNT AMOUNT � 7 6 8 7 8 10347 860302 06 /28/93 T'. J. AUTO PARTS SUPPLIES VEHICLE 4�.�i5 4 4 .G :5 9 10 , 9 88 Q 8 11 12 .� 10 .9 11 J •.. J 2 r . r S HIRTS FR s i PROGRAM SUPPLIES s Pj •J . 557.77 13 14 � 12 PROGRAM SUPPLIES :x,405. 0 51398.88 15 16 13 10349 14 860650 06/Z8/9*3 TARGET S TORES — C PC S A/ R ;. :. BATTERY- . .,. -37. M 17 18 1 j'. S' ? ., ,, 19 15 20 16 17 . BLjppt!E PROGRAM SUPP 44050 44.50 21 22 � PROGRAM SUPPLIES •Z9 .89 23 18 24 19 20 , PHON E CC RDS _ �'� ' �, 4 25 26 21 REPAIR MA1�iT /1�EH :���E :'' .) 1 27 28 22 10350 861670 06/Z8/93 TH ILL, ROSE REG. FEE ''5.00 '5.00 29 30 23 1 3 � 24 i Ej!?. 5 t f 9 3 32 25 THOMA REF8141) FE • . 33 26 34 10352 27 371500 - Dv /ZS/ 3 TOURVILLE, TAMMY TRANSFER' F-EE 1 0. « �.�� 10.00 35 36 28 10353 29 88050 06 /2 8/ 93 TREADWAY GRAPHICS PROGRAM SUPP 497 497.7 37 38 30 _ 8 8.0590 06J2 39 40 31 32 U�`�'` L "' VEH I C .... 4 ma •. : :. � .. 7 •�?' ■ .7 41 42 ' 33 43 44 34 45 35 035 36 88 0 TURI�tQUI I S UPPLIE S — JANITORIAL x;53.34 35_ 46 ' 47 48 37 1 0357 8 8 00 06/Z8/93 TWIN CITY TRANSPORT TOE! 1 .30 �, � �� 49 50 38 39 9 _ f . : 51 52 41 10359 900100 06/28/93 UNIFORMS UNLIMITED UNIFORMS 189.81 54 ' 55 42 56 43 44 UNIFORMS - 14 2 . '� Z • 57 58 � UNIFORMS :�I.2 6 59 45 60 46 UNIFA UNIFORMS 213 7 . �.:._ 2 61 62 47 48 UNIFORMS 98 ' 63 — 64 49 -UN,f F E s.1 � , , �. _ ' ''"� 65 50 66 10360 51 900801 06/'Z8/93 UNIV. OF MINNESOTA RENTAL. VIDEO TAPE �t�,.�; 3 ��,,,�, *,�,� 67 68 52 10361 53 tJC1l 600 06/28/93 UTGAARD , SHARON REFUND FEE 10.00 10.00 69 70 54 1 --0.:� t � 2 --9-�. � _� -- m-f1~ l�� 4.. — N G E L E E � 72 55 i. . . .� r- — • -� 73 56 , - 1 1 033 57 930 0 1 6./2 8/ 9 3 f,` 14AGE I N C. f + y� '� S U PP L I ES E Q U IPM EN 1 { r' �J �t i ( � 190.74 74 75 _. 76 20 26 27 21 28 22 29 _ 23 3C 31 24 32 25 33 2 ' . 34 6 27 41 42 43 44 49 50 51 52 55 73 56 74 75 57 76 VOUCHE'EC C CITY OF MAPLEWOOD PAGE 11 RE-Gf 2 F FOR PERI 06 2 3 3 4 V'�k1 C= H 5 4 . 5 4 V CHECK VENDOR C CHECK:: VENDOR ITEM I ITEM C 5 5 C NUMBER NUMBER D DATE NAME DESCRI A AMOUNT A AMOUNT 7 6 N 8 7 _ _ 9 06/28/93 WESTBURNE SUPPLY INC. -MAPLEWi_OD SUPPLIES EQUIP 1 18. 19 1 9 8 11 10 •! �! S 1 1 L �� r •.d k 18 3 13 15 12 16 13 ; ;. 17 15 16 2 21 18 2 23 19 2 25 41 42 43 44 49 50 51 52 55 73 56 74 75 57 76 CITY OF MAPLEWOOD 0001 ! EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD w� C 'H WrIBE R CHECK: DATED PAYEE AMOUNT (� 0035214 06/18/93 JOSEPH ZAPpA 266,27 6 1 0035215 06/18/93 DALE CARLSON 286 27 r a |s / — 06/18/93 GARY W BASTIAN 325, 31 06/18/93 ANDR�. 0035232 0035218 06/18/93 FRANCES L JUKER RICHARD 2; 06/18/93 DANIEL F FAU f.)0352.19 ALANA K MICHAEL A McGUIRE 3 06/18/93 LINDA ZICK 0035238 06/18/93 6'i 0035220 06/18/93 CAROLYN GANZ 900, 00 lq 0035222 06/18/93 GAIL BLACKSTONE 2 097w 9f 12 1 ;221 0035223 06/18/93 PATRICIA HENSLEY 333. 66 i 0035224 06/18/93 GRE TCHEN MAGLICH 2, 042, 54 0035225: 06/18/9 GINA: CASARE 0035227 06/18/93 LYLE SWANSON 5228 06/18/93 STEVEN DEHMER 492* 2t3 0035229 06/18/93 GREGORY J. PIEKARSKI 23a63 (.1035230 06/18/93 LARRY J CUDE — 0035231 06/18/93 ANDR�. 0035232 06/18/93 WILLIAM MIKISKA 06/18/93 RICHARD 2; 06/18/93 DANIEL F FAU . . 0035237 06/18/93 ALANA K is . OCY35234 06/18/93 LINDA ZICK — 003521:�D 06/18/93 DEBORAH '1035236 06/18/93 RICHARD ��. . . 0035237 06/18/93 ALANA K 0035238 06/18/93 DELORES QEHN HANGSLEBEN MATHEYS A VIGNALO 0035239 06/18/93 BRUCE ANDE RSON 0035240 06/18/93 ` CAROLE J ANDERSON ` ` 1,195.70 197.60 2 440 69 1,047.70 569.65 1.518.10 1,612.39 1,258.90 _ 1,013.29 CITY OF MAPLEWOOD 0002 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK:, �,64UMBE R�: CHECK DATED- PAYEE.- 3 0035241 06/18/93 JUDY DeBILZAN 6 4w 41� 'AMOUNT 231 45 7 524.3. D SELVOG� 06/18/93" BETTY 9 t1 it 1 06/18/93 PATRICIA FRY ii 0035244 I 57a 81 737w63 13i 421 Qc Z UiZ_ �-f 3 D ONA n?: 4w 431 CONNIE L KELSEY 752 r 76 15' 0035261. 06 18/93 0035247 06/18/93 LORRAINE S VIETOR 62, ;46;f 0 C) FA248 06 Z 1, 8 Z 93 CPR_0L_J.RG0E ls :4 T 40 06/18/93 JEANETTE E CARLE 1, 174,24 DAVI D L A-RNQLD .22 0035250 06/18/93 SANDRA OLSON 761 09 ' 2 3 1 06/18/93 JOHN J BANICK 1 2 4 06Z IL8 3 1. 075w 70 ,25' 06/18/93 JOHN C BOHL 003 5252'' 06/16/93 KENNETH V COLLI'NS -3 8- 2j, 4U:5 0. }. 127' C)0352i;E 0 F-1 Z I FA r 9 3 DPLE K—GLAU 64C), 42 !281 0035253 06/18/93 CA/ OLE L RICHIE 1 - 29i 40 06/18/93. i 1 00,35,254 9 Ids 06/ 1. 0 A N N tii D S E N 4 z 9., 2 13 4w 0035255 06/18/93 ELAINE FULLER 553,45 3 3 0035256 06/18/93 CAROL F MARTINSON 1 128, 50 i 0035257 ANTHONY G CAHANES 2 095. 43 06/16/93 ROBERT D NELSON 2, 095w 43 3 0 A 0035259 06/18/93 VERNON T STILL 421 Qc Z UiZ_ �-f 3 D ONA n?: - 106, 22 431 0035261. 06 18/93 RAYMOND J MORELLI. 1 ;46;f 0035262 06/18/93 SCOTT L STEFFEN ls :4 T 0 0 3 5 21 C-3 3 -3 DAVI D L A-RNQLD 0035264 06/18/93 JOHN J BANICK 1 152 1 9260 0035265 06/18/93 JOHN C BOHL t54: C)0352i;E 0 F-1 Z I FA r 9 3 DPLE K—GLAU 64C), 42 40 06/18/93. RICHARD M MOESCHTER 1 783* 56 157f, CITY OF MAPLEWOOD 0003 TION CHECKS EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCI FOR THE CURRENT PAY PERIOD • NUMBE CHECK: DATED-. -. PAYEE AMOUNT 2 i 3 5 � ! 4 0035268 06/18/93 JAMES YOUNGREN 1 6 1-0) EZ-La 19 3 7 8 {" _06/48/93 WILLIAM F PELTIER. 1 1 83 6 10 1101, 0()35271 06/18/93 THOMAS J SZCl_ EPANSKI " .12 DO 5272 Q G Z T_ • V R�ls_Q -1 N ....... 113 146 00352 RICHARD J LANG 723, 02. .... ... . .. . :161 0035274 06/18/93 DALE RAZSKAZOFF 1 642, 10 4 171 18 003F275 QF-3z I SZ93 RYAN 8380 10 19r 40 !20; 003.5E f I fa 06/18/93 EL J HERBERT MICHAlm .21 ; 221 i 23 - )f..)35277 06/18/93 SCOTT A ANDREWS I oce, -30 124, 0 6 Z L8-/-9,ZA;— — 2 5 i 73 Ua - 87 91 5 06/18/93 GREGORY L STAFNE. 1 642w 10 27 - 0035280 06/18/93 RONALD D BECKER 1 4w I 291 i I301 7) 0 7, Fi.:: A Z93 3' . 00-35282 06/18/93 DERRELL T STOCKTON 1 241 0035283 06/18/93 RICK A BOWMAN 1 l 3 5 136i IL-) c): R* -- - .» ,,_ 1 3 7 05 - - -- . 7 i 41P 138' Cd()35285 06/18/93 FLINT D KARIS 1 0035286 06/18/93 STEPHEN J HEINZ 1 766w 1=1 :fi i 421 Q 0 5267 06/ a /* 9- 3 JOHN FRASER 69 i is 003-5288 06/18/93 DAVID M GRAF 1, 7178 30 45 1461 0035289 06/18/93 DAVID J THOMALLA �47:: :431 Et 2 06/18/93 RABBETT 1,511,21 1!49t: -KEVIN 40: 1035291 06/ 18/93 STEVEN PALMA 1, 641 a 30 ; 4 c . S 2 1 0035292 06/18/93 ROBERT E VORWERK 1531 '54 0 6 1 a 13 JOSEPH A BERGERON 338, .00-35294 06/18/93 JAMES MEEHAN 1 907, 38 '5T • 10 CITE` OF MAPLEWOOD 0004 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS !� FOR THE CURRENT PAY PERIOD C E F. MBE HECK. DATED PAYEE] :3 003529 06/16/93 SARAH L.» � i � rd lJ I. ' �IR� �Y� • `: Nr . ' Y•r _ - � » w } .. � : - - z.,,� r 1 is I 01 0 0352 96 06/ DUANE J WILLIAM I , 545r 00 f11' X12 0035299 9 06/ 18/ 93 JANET L RA i NE 13 - •:.� .. ..L.. s..i » t � �+ 06/ 1 8� 93 JULI A . TAH ? ?'sE 1 2 8r lo 1 6 1 (- 0 6 /18/93 SCOTT K BOYER 1 411, On- _ ,s I 003t5b 06/1 LINDA ADEN... ON 6 6 - 7 m55 0 r 4 '� r .i €w{ 1F s NELSO ... .« 1,1 863 a 21 .. . 221 0 06/ 18/ 93 WAL TER L F E RTY , Z A 6 23 241 0 035305 06/1 JO SEPH EE 1 41 25 ^n { tt : j - r r.�. MM MM M - - ���.�tr�LwJ 0 06/18/9 JILL PETERS 1 # 49i 70 ; 2 7f 1 0 353 06/ J j j w '' � 4 }ty7�j} E f] F j'•' E t _ 2 ° i 1 30 i 0035308 06/18/93 JUDITH WE WERT 6 4 9i 58 31 3 2 { 003 0 6/18 / 93 KEN NETH "' 41 0 ��.. 0 ,� . 1 J { 0035310 0 6 1 8 .f t .w• L. JUDY f 7 C H L E B E C l 1 5 , 20 0065311 0 6 f' 18 93 WI P I E 'E R 1 399 70 n r', i 40 A, 0035313 06/1 8/ 93 MICHAEL R KANE 1 1 658 0 0035314 06/18/93 BRYAN NAGEL i n-50v 90 *3 0 0 3 5 3.1 5 06 / 18 / 9 3 . DAVID P LUT 1 ,1 2 5 0 4Vi.. - 6! 0 A f� • 0 3 L,w L...f 1 0 6 /1 8/93 L l iw S D , L + __•-__- --_- 960,w Z ?w ` 0 03 ". 53 1 7 06 /18 .= 9 3 —HEN K LAUSING ,t 1 2! 0035319 06/18/93 RONALD LI HELE'Y' 1 ,. ;. «.. ,' O0 35 32 1 0 6/18/9 3 RONALD L F REBE G 1 � 2 � 5 i • f 0 10 41 0035322 06/18/93 WILLIAM C CASS 1 4 947a 70 H* 00353331. . 0035323. 06 2 187. 7a 0.1** 0353 5 RANDAL. LINDBL-OM MARK CABLE 9 _0035384 . LOIS J BRENNER 410 '10! 0035325 06/18/93 JAMES G ELIAS 1 , 518a 90 40 18/93 A F-R_UMVtE,L 00,�;53 4 7 ! 31 121, CICLL, CIA 1 1 JOHN DU CHA,RME 3 2: 1 3, 06/18/93 PAUL INE STAPLES 1 3311 l 4' 0 03 5827 06/1 8 /93 DENNI'S, L PECK 1. _0 0035337 06/18/93 LUTHER JONES 63. 20 4W 16 0035328 06/18/93 WILLIAM PRIEBE 1 680, 02 40 1 f- -,1,-1 - i • VIA P-,GA- REI-E E -t-UND 7f. 9 OF, Z, t 8 Z 93 0035339 _T4 06/18/9%-S ROBERT S ANDERSON 1 ; 20, .0035330 WALTER M GEISSLER 1, 2 ' 06/16/93 DENNIS P LINDORFF 1 1 421 1 221 1 0035331 06/18/93 THERESA METZ 1 290,1 go 4w i 23 1 t : .'24 7 A� F1 7 A� :A 7% R N _L_QF_C-t_REN_ SHANE SWAN-60N 411 T H* 00353331. . _ 06/18/93 ROBERT D ODEGARD 2 187. 7a 0.1** 0353 5 06/18/93 MARK CABLE k'1035334 06/18/93 LOIS J BRENNER 410 -)()35346 06/ 1 819- 3 STEVEN JAWORSKI i30i 18/93 A F-R_UMVtE,L 00,�;53 4 7 ! 31 MARK A-.-,MA,,-RU.-SK.A-- 3 2: 003533t:� 06/18/93 PAUL INE STAPLES 1 3311 3 4 1!! 1 . 0035337 06/18/93 LUTHER JONES 63. 20 4W :36! ��} a r" a a nw- %..ruftru.Fww 1 f- -,1,-1 - i • VIA P-,GA- REI-E E -t-UND 7f. 0035339 _T4 06/18/9%-S ROBERT S ANDERSON 1 0 ; 0035340 06/16/93 DENNIS P LINDORFF 1 1 421 0 C) 5 3 4 1 0 G Z.1-A 9:3 R1 L L IG A- _Q G-R-R-Y— . ....... 248. :431, 00359342 06/18/93 ROLAND B HELEY 27=1,v 70 1 461! 0035343 06 1 a 9115 SHANE SWAN-60N 411 T 0- 0- a S Zt 4- -4 ----ADAM ANK RUM -- --------- 4 5 0.1** 0353 5 06/18/93 MARK CABLE ;C .52! -)()35346 06/ 1 819- 3 STEVEN JAWORSKI 00,�;53 4 7 K. 6 L 1-8j-9 3 MARK A-.-,MA,,-RU.-SK.A-- "NDELDECKER 56 0035348 06/18/93 JAMES SCHI '57, 131,25 4's 7 %8-A, 41-32, 00 210m 00 1.842.41 22 ' 23 1 0 0 3 5 355-69' 06/18/93 CITY OF MAPLEWOOD 0006 24, EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS ­A% 0 6 CHARLES THOOFT 46n48 FOR THE CURRENT PAY PERIOD 06/18/93 KENNETH ROBERTS 1 6i+2,w 72 ;2 1.: 0.035360� KATHLEEN M DOHERTY 'NUMBEk CHECK. DATIED PA.YEE Ai NIOUNT 06/18/93 THOMAS G EKSTRAND 1 613, 77 ;211 ; 1 0035361 06/18/93 0035349 06/18/93 MATTHEW KIMLINGER 414,00 5 ROY G WARD 446w40 1301 i Q0 5Z%Ec.— 06/18/93 1 6 35C Sa C MY L E-S— R B t j R fs, 1. 298, 90 7 NI,CHOLAS N CARVER 40 i 3 2 0-C.)35363 06118/93 NANCY MISKELL 0 53511. 06/-18/93 LEE S TOERZINGER: 504w 00 : EDWARD A NADEAU 1 453,1.:5 0035352 06/18/93 ELL CRAIG MISKt-- 276,w 01--) ; 12! 0035353. OELL1 a JANET M GREW HAYMAN 1-:)5 40 1 4;: 0035354, 06/18/93 JEAN NELSON 627. 65 00353655 06/18/93 JUDITH A HORSNELL 550,e 17 ANN -E HUTCH I NSON. A —A-*42a 90 0035357 06/18/93 RITA MACY 145. 21 22 ' 23 1 0 0 3 5 355-69' 06/18/93 KIMI AISAWA 75m 08 24, A; 00 359 ­A% 0 6 CHARLES THOOFT 46n48 Lvr 0035366 06/18/93 KENNETH ROBERTS 1 6i+2,w 72 ;2 1.: 0.035360� KATHLEEN M DOHERTY 7 0035367 06/18/93 THOMAS G EKSTRAND 1 613, 77 ;211 ; 1 0035361 06/18/93 MARIE BAR TA 1 128a 50 40 '291 ­65373 0 1it 0 06/18/93 ROY G WARD 446w40 1301 i Q0 5Z%Ec.— 06/18/93 GEOFFREY W OLSON 2, 187. 72 . 0035369 06/1.8/93 NI,CHOLAS N CARVER 40 i 3 2 0-C.)35363 06118/93 NANCY MISKELL 483o23 i 33 003531 06/18/93 EDWARD A NADEAU 341 0035364 06/18/93 JOYCE L LIVINGSTON `,3 5.i 623. 67 AT 0 03 06/1 8/93 CHRISTOPHER McGLINCEY 21(0,38 : ---5ANDRA LEARNED -76, 00 31 0035366 06/18/93 KENNETH ROBERTS 1 6i+2,w 72 0035367 06/18/93 THOMAS G EKSTRAND 1 613, 77 t421 A MARJORIE OS-FROM J i Es a 10 2:: ­65373 0 1it 0 06/18/93 ROY G WARD 446w40 00 -ft DOUGLAS J TAUBMAN 1, X 6`3 0035369 06/1.8/93 NI,CHOLAS N CARVER 1, AT 0035370 06/18/93 ROBERT J WENGER 1 491 70 : ---5ANDRA LEARNED -76, 00 31 0035372 06/18/93 DENISE BALDWIN 105. 00 . 5t 1 : 2:: ­65373 0 1it 0 06/18/93 ROY G WARD 446w40 00 -ft 0 6 18 /9-43 DOUGLAS J TAUBMAN 1, X 6`3 40 003531 06/18/93 EDWARD A NADEAU 1 453,1.:5 L-:] 40 40 40 0035391VOID 06/16/93 CITY OF MAPLEWOOD (HCMA) ASSOC 282 _ 06/18/93 PUBLIC CITY OF MAPLEWOOD 0007 ASSOC EMPLOYEE EDUCTION CHECV,S GROSS EARNINGS AND PAYROLL Dk__ 40 FOR THE CURRENT PAY PERIOD 06/18/93 it iz CHECK. NUMBER -CHECK DATED PAYEE AMOUNT |z 421! 003539- 5 06/18/93 -IREMENT SYSTEM MN STATE—REI 14 41 06/18/93 PUBLIC EMPa RETIREMENT ASSOCR J. 61 C)J.-)35377 06/18/93 ROGER W BREHLIM 1.273.30 06/18/93 METRO SUPERVI--SPRY ASSOC 06/ 18/93 1 368w72 0035379 06/18/93 ELLMORE RANDALL B 1E -76w 50 0035380 06/18/93 DAVID GERMAIN 7, 87 40 p 0(_ 06/18/93 DENNIS M MULVANEY. � ;161 '0035382 06/18/93 GEORGE C SPREIGL 1 279, 70 40 mo 0035383 06/16/93 CONNIE WERMAGER 936, 06/18/93 ELIZABETH J WEILAND 06/ 1 8/93 MAPLEWOOD STATE BANK #1 22 825. 54 3`35387 06 93 FIRST MINNESOTA (FICA) 10 049* 3-3 0035388 V 0 1 D 06/ 18/93 ETIREMEN T ASSOC PUBLIC EMP RE 5 i �ID `�'�0(�/18/9� ' ��3��� 49389 7=f 40 40 40 06/18/93 MN BENEFIT ASSOCIATION 3,989.15 31 242.00 128.44 237.75 278.00 166a 50 _ 652.72 18.00 503.00 648.70 0035391VOID 06/16/93 CITY OF MAPLEWOOD (HCMA) ASSOC 282 _ 06/18/93 PUBLIC EMP RETIREMENT ASSOC 5,9B9.94 0035393 06/18/93 UNITED WAY OF STO —AUL AREA —394VOID 06/18/93 FE INSURANCE COMMERCIAL Ll- 421! 003539- 5 06/18/93 -IREMENT SYSTEM MN STATE—REI 14 41 06/18/93 PUBLIC EMPa RETIREMENT ASSOCR J. 0035337 06/18/93 AFSCME 2725 0035398 06/18/93 METRO SUPERVI--SPRY ASSOC 06/ 18/93 MN, MUTUAL LIFE INS. 19 06/18/93 MN BENEFIT ASSOCIATION 3,989.15 31 242.00 128.44 237.75 278.00 166a 50 _ 652.72 18.00 503.00 648.70 PUBL EMP RETIREMENT ASSOC 282 _ 06/18/93 PUBLIC EMP RETIREMENT ASSOC 5,9B9.94 s J4 .7 72 HS CITY OF MAPLEWOOD 0008 _ EMPLOYEE GROSS EARN INGS AND PAYROLL DEDUCTION CHECK FOR THE CURRENT PAY PERIOD r F: CHECK DATL AMOUNT 2< i e.. i3r rt i 5 i_� s..t s..� - + - 06 / 18/ 93 RAMSE co S UP PORT & COLLEC T 4C0100 !11 DUA 3 5 V:O I...D MEDI'CA CHOICE. 44, 81 g' 1 Q' 0 0 5..3 5 f 0 6 Y V 1 D 06/ 18/93 V A C A i I O N CHECK ._ _. 12 i c)(- V �-_} - a.. , _ �il`a1.� 5 ._ { tom f `.. _ 0035408 D 32. 70 1, 1 1; s 0035409 V V I D 06/18/ PUBLIC E i ' } 1" { RETIREMENT ASS 1..r ,. - OID PIJ T! I E P4 T ASSOC Zm le ... _ ;22 _ 231 24 2 6 s . ; 28 s J4 .7 72 HS s AGENDA NO. F Q" AGENDA REPORT Action by Council: TO: City Manager Endors a ..... „ . FROM: Finance Director , , Modified ReJ ecte d.�,.,,,,,.,,,,,,,,,,,,, RE: BUDGET TRANSFER - FINANCE DEPARTMENT Date DATE: June 21, 1993 PROPOSAL It is proposed that a $1,350 budget transfer from the General Fund contingency account to the Finance Department budget be approved to finance a computer software modification that will reduce labor costs for the reconciliation of the monthly checking account statement. BACKGROUND Each month the city's checking account statement is reconciled with city accounting records. This process takes approximately 31 -35 hours because of the large number of transactions involving our checking account. The average number of transactions each month consists of 833 checks, 73 deposits, 14 wire transfers and 6 returned checks. Another reason the reconciliation process takes many hours is that the accounting software does not provide a summary cash account for all funds. Instead, cash transactions are posted to approximatel y 90 fu each month. Consequently, if the total of the cash balances for the 90 funds does not agree with the checking account statement, a lot of time is required to determine the cause of the difference. This problem could be eliminated if the Eden Systems computer software that we use were modified to produce a supplemental report that would consolidate all cash transactions to facilitate comparison of bank and city records. The cost for this computer software modification is $1,350. It is estimated that labor cost savings would be approximately $925 per year as a result of the software modification. RECOMMENDATION It is recommended that the Council approve a $1,350 budget transfer from the General Fund contingency account to the Finance Department budget to finance a computer software modification to facilitate the reconciliation of the monthly checking account statement. WAAGNTANKREC AGENDA NO. Fmo 3 AGENDA REPORT TO: City Manager FROM: Finance Director .Action by Council: Endorsed Modifie Re j ecte cro....�..,.�.. Date RE: ESTABLISHMENT OF PROCEDURES RELATING TO COMPLIANCE WITH REMURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE DATE: June 15, 1993 Last year the Internal Revenue Service issued regulations regarding reimbursement bonds. Any issue ssue can be considered a reimbursement bond if proceeds from the bonds are used to reimburse the city for expenditures paid from other funds prior to the date the bonds are issued. In order to comply with these regulations, the city must declare an intent to reimburse itself for specific projects whenever bonds will be issued after expenditures are paid fora project. Failure i P J to do this will result n a penalty. Mary Ippel of Briggs & Morgan has drafted the attached resolution which will allow me to make the city's Official Intent Declarations when needed to comply with the regulations. It is recommended that the Council adopt the attached resolution. WAAWREMBOND RESOLUTION NO, RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council ") of the City of Maplewood, Minnesota (the "City"), as follows: 1 . RECITALS: a. The Internal Revenue Service has issued final Treasury Regulations Section 1.103 -18 (the "Regulations ") dealing with reimbursement bond proceeds, which would include those proceeds of the City's bonds to be used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequent borrowing, that such declaration generally be made on or before the date the expenditure is actually paid, that the bonding occur and the reimbursement allocation be made from the proceeds of such bonds within one year of the payment of the expenditure (or not later than one year after the project is placed in service, if that is a longer period), and that the expenditure be a capital expenditure. c. The City desires to comply with the Regulations and to establish certain procedures relating thereto. d. The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. OFFICIAL INTENT DECLARATION. The Regulations, in the situations in which they apply, require the City to have made an Official declaration of its reasonable intention (hereinafter referred to as the "Official Intent Declaration" or the "Declaration ") to reimburse itself for previously paid project expenditures out of the proceeds of subsequent bonds or other borrowings. The Council hereby authorizes the Finance Director to make the City's Official Intent Declarations or to delegate from time to time that responsibility to other appropriate City employees. Resolution — Compliance with Reimbursement of Bond Regulations Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: a. Each Declaration shall be made on or before the date the City pays the applicable project cost and shall state that the City reasonably intends and expects to reimburse itself for the expenditure with proceeds of a borrowing. Each Declaration may be made substantially in the form of the "Declaration of Official Intent" which is attached to and made a part of this Resolution. b. Each Declaration shall specifically contain the following statement: "This Declaration is a declaration of official intent under Treasury Regulations Section 1.103 -18." c. Each Declaration shall and is hereby declared to be made and filed in the publicly available official books, records, or proceedings of the City, which shall be reasonably available for public inspection at City Hall during normal business hours of the City on every business day during the period beginning on the earlier of 10 days after the making of the Declaration or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. d. Each Declaration shall, at a minimum, contain a general functional description of the property, project, or program for which the expenditure to be reimbursed is paid (for example, " 1993 Street Improvement Project" or other specific, identifiable project of the City) or, in the alternative, shall identify the particular fund or account of the City from which the expenditure to be reimbursed is paid, including a description of the general functional purpose of that fund or account (for example, "park and recreation fund —recreational facility capital improvement program "). e. Each Declaration shall also contain a statement of the maximum principal amount of debt expected to be issued for the subject project. f . Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City does not reasonably expect that it will ultimately issue reimbursement bonds to provide long -term financing for the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations in general and their application in particular circumstances. It is the Council's intention that Declarations not be made when 0) Resolution — Compliance with Reimbursement of Bond Regulations 1) available funds of the City have been or are reasonably expected to be dedicated or otherwise reserved to fund on a long -term basis the particular expenditures involved, or 2) it is not reasonably expected that reimbursement bonding will occur. g. The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Official Intent Declarations, including recommendations on the timing of the issuance of such bonds so that the "reimbursement allocation" described in the Regulations and in paragraph 3 below can be made within the one year time limits prescribed in the Regulations. h. This Resolution shall supplement and amend all prior determinations and policies adopted by the City in regard to complying with the Regulations, as initially proposed, and in the event of any inconsistency between the terms provided in this Resolution and said prior determinations or policies, the provisions of this Resolution shall govern. 3. REIMBURSEMENT ALLOCATIONS. The designated City official shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of reimbursement bond proceeds to reimburse the source of temporary financing used by the City to make payment of the prior expenditures. Each allocation shall be evidence by an entry on the official books or records of the City maintained for such reimbursement bonds; shall specifically identify the actual prior expenditure being reimbursed, or, in the case of the reimbursement of a particular fund or account, the fund or account from which the expenditure was paid, and shall be effective to relieve the bond proceeds involved from any restriction under the bond resolution or other relevant legal documents for those bonds and under any applicable state statute applicable to unspent proceeds of such bond issue. Adopted this day of Maplewood City Council. 1993, by the 3 Declaration of Official Intent The undersigned, being the duly appointed and acting Finance Director of the City of Maplewood, Minnesota (the "City "), pursuant to and for purposes of compliance with Treasury Regulations Section 1.103 -18 (the "Regulations ") under the Internal Revenue Code of 1986, as amended, hereby states and certifies as follows: 1. The undersigned has been and is on the date hereof duly authorized by the governing body of the City, the City Council, to make and execute this Declaration of Official Intent (the "Declaration ") for and on behalf of the City. This Declaration is a declaration of official intent under Treasury Regulations Section 1.103. -18. [Note: The following paragraphs 2A and 2B are alternatives; one or the other of those paragraphs must be completed, both may be, if applicable.] 2A. The property, project, or program to which this Declaration relates is generally and functionally described as follows: 2B. The specific fund or account of the City from which the expenditure to be reimbursed will be paid, and the general functional purpose of that fund or account, are as follows: 3. The maximum principal amount of the debt expected to be issued by the City for the purpose of reimbursing the expenditures to which this Declaration relates (the "Expenditures ") is on the date hereof reasonably estimated to be $ Each of the Expenditures is (or would be with a proper election) a capital expenditure under federal tax law principals, as described in the Regulations. Declaration of Official Intent 4. The City intends and reasonably expects to reimburse itself for the payment of the Expenditures out of the proceeds of a borrowing (the "Bonds" to be made by the City after the date of payment of the Expenditures. 5. As of the date hereof, there are no sources of City funds which have been or are reasonably expected to be allocated or available on a long -term basis, reserved, or otherwise set aside to provide permanent financing for the Expenditures, other than pursuant to the subsequent issuance of the Bonds. On the basis of the foregoing, the statements and certifications contained in this Declaration are believed to be reasonable and accurate, and this Declaration is believed to be consistent with the City's budgetary and financial circumstances ad they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 6. This Declaration is and shall remain a part of the publicly available official books, records, or proceedings of the City and shall be continuously available for inspection by the general public at City Hall during regular City hours for a period ending not earlier than the day after the issuance of the Bonds. IN WITNESS WHEREOF, the undersigned has executed this Declaration and placed it on file in the official City records this day of , 1993. Finance Director City of Maplewood, Minnesota 11 AGENDA NO. c "' 7 Action by Cou.ncil. :, Endorsed - -- AGENDA REPORT Mo dif i e Rejected Date - -- - TO: City Manager FROM: Finance Director -- RE: AMBULANCE BILL - APPLICATION FOR CANCELLATION (RAYMOND JENSEN, DECEASED) DATE: June 9, 1993 An application for cancellation of an ambulance bill has been received from Sharon Lane who has power of attorney for her mother, Edna Jensen. On Febuary 4, 1993, Raymond Jensen was transported to St. John's Hospital. The original bill was $226.60. Medicare paid $113.67 and Banker's Life Insurance paid $39.08. There is a remaining balance of $73.85, and Mrs. Jensen is financially unable to make monthly payments on the balance due. The application is attached for the Council's review. lz Attachment A)VM\CANCEL.AGN APPLICATION FOR CANCELLATION OF PARAMEDIC AMBULANCE SERVICE CHARGES NAME OF APPLICANT: Xr 115 ADDRESS OF APPLICANT: C �U ���A� °'� LAND, S3a �• '77,��T. , CITY; L : NO /y A� KES STATE: i'YI N � ZI � PATIENT'S NAME: Ma N -1) /V DATE OF SERVICE: c:�2 - X/- AMOUNT OF CHARGES REQUESTED TO BE CANCELLED: �r��r�. rr�ra�rrrrrr�r�f�rrrrrs� .rr��r�.rwrrrrr�wrrrwrr�rr rrrrwrwrwwrw.rr�rrwiww rwr�rr�.r r�r�r. rrw���rawr�ri�� .�.rrr�w�����.�.�rrwrwr��. �r���r� .�rrr�rrrr�rw��wwr.rwrw�w ra�www� =�.rf��r�r REASON FOR REQUEST -CHECK ONE: 1. Financial Hardship (fill out reverse side): 2. Other: I certify that the income information I have supplied on this application is true and accurate. I also certify that the amount of the charges requested to be cancelled are not covered by Medical assistance, worker's compensation, Medicare, heal tty i nsurance or auO insurance. Signed: -7 A-A Date: 3 -- e2 eol* INCOME INFORMATION "INCOME" means any amount received from the following sources by any Resident: • Any Public Assistance, including but not limited to Welfare, AFDC, SSI , and Unemployment Compensation • Pensions and Annuities, including PERA and Social Security • Estate or Trust income • Gain from the sale of property or • Salaries, including commi ssions, bonuses, overtime pay and tips • Interest and Dividends • Rental income • Business Profit - -for self- employed individuals, including Farmers securities • Payments received from properties being VA. -Educati. one! Gran.t-s sold on Contracts for Deed List all residents of your household. Include yourself. Include their ages and their incomes (if any) I) Income listed should include all income which your household can reasonable expect to receive during the next 12 months. 2) "RESIDENT" means any person, other than a renter, living in the household for at least 9 months of the year, or a person who is claimed as a dependent for income tax purposes. NAME OF AGE OF INCOME OF RESIDENT RESIDENT RESIDENT SOURCE OF INCOME (per month) (including employer's address, if applicable) CSC.. n1 wimp . � l { A TOTAL INCOME: per month= per year ar Few S MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: 934 Evar Street DATE: June 18, 1993 ,fiction by COUMOD11 Endors modifie Rejecte - Date - The Council asked for a report on 934 Evar Street each meeting through July. The environmental health officer made a recent inspection and did not see any Code violations. go/b- 4:evar3.mem loot i can by C ounc i Endorse MEMORANDUM Modifie te _ Rejec Dat TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Project Insulate DATE: June 21, 1993 mmRoDucnoN The Saint Paul Neighborhood Energy Consortium (NEC) is asking Maplewood to support the Project Insulate (PI) program. The NEC is a group of nineteen community organizations in Saint Paul that provide energy conservation and solid waste services and programs. Project Insulate is a one -stop home energy conservation program that Northern States Power (NSP) funds. The program provides technical information and contracting services to help homeowners make energy - related improvements to their homes. This program would be for Maplewood home and rental housing property owners. The letter on page 3 describes the program. I attached a survey of Project Insulate participants on page 5. BACKGROUND The NEC has had the Project Insulate program in Saint Paul for six years. State rules had limited the program to properties in Saint Paul. In December 1992, the State gave NSP and the NEC permission to expand the program to the suburbs. DISCUSSION This program would provide a service to Maplewood residents. There is no cost to the City. The NEC is asking that the City Council support this program by adopting the attached resolution. RECOMMENDATION Adopt the resolution on page 2. This resolution supports the Saint Paul Neighborhood Energy Consortium in expanding its Project Insulate Program to Maplewood. kd/kr:insulate.mem (4.7) Attachments: 1. Resolution 2. 5 -17 -93 letter 3. Survey Results Attachment 1 RESOLUTION OF SUPPORT WHEREAS, Minnesota Statutes 2168.241, Subdivision 2, requires Northern States Power Company Gas Utility (NSP) to make significant investments in and expenditures for energy conservation improvements, and; WHEREAS, the Saint Paul Neighborhood Energy Consortium (NEC), a community- based nonprofit energy service organization, is a provider of NSP - funded conservation improvement programs, and; WHEREAS, the NEC has a program, Project Insulate, available to Maplewood - residents that p rovides many services. These include free home energy workshops, free energy audits, technical and contracting services to home and rental property owners, guaranteed contractors for home energy conservation improvements, and inspections of the completed work to insure quality control. NOW THEREFORE, BE IT RESOLVED that the Maplewood City Council endorses the NEC and the Project Insulate program and encourages residents to use Project Insulate's services. FURTHERMORE the Maplewood City Council agrees to let the NEC use the following quote in promotional materials: "The Maplewood City Council endorses Project Insulate, an innovative home energy conservation am ro . NSP sponsors Pro Insulate and NSP is available to help p 8� p J Maplewood home and rental property owners improve the comfort and energy efficiency of their homes. Attend a Project Insulate workshop or get a free home energy checku p and learn how saving energy is the #1 way to protect the environment !" Adopted on June 28, 19930 2 * " . ♦ .. •- _ . • - • .. • 4i 11.4:-.acn 2. - --- pag... _ 1 of _ f• f7 . I / I ' . _ . r^ rti N' i1 .,w'. -v`1•. r. " D C. j' ' ti - '. .. ( -x-` - ;, k i k ✓C). j'.-! '..,1• t ! - ' NI y ; i!'.. Y 7 N +t 1 . 1`_. i� a.:i '' LY - ' .. .�{ ' i-. , 4 �" 'pol; . yk. 1 .,.'. `5c ,zr:. u•Y4 r -"'_ SL ''f:', • n 1.. :k'7 .e . } -° i ;, `:3 .q ;. S - .,d"' -+F •t%y- f t J . ....-S r nergy on or ium an au e o ao • 475.: North" ClevO nd AVentie, #:1 • •Sa * t.. Pa U : N l'�• _5 104 12644 -5436, : .. Como Park Community Council Dayton's Sluff Community Council. . , District 1_Communio Cound t D i stricLI COo uni, Eouncif District 6 Planning Council' :. _ ... _ •. ..' .. . '• r . , . - , ' . _' - - 'District 14 CorhrAurlity Council � . - -. : , - � . : , - : . , . -.. .- .. ; r �• « East Side Neighborhood Development Conipan . 17 May 1 993 -- Hamlin Midway Coalition Highland Area Community Council :' - .. _ . • = lvxmgton'- Hamlin Community-Council • .. ' . Mr. Milo MC..Gu�re . ' . . • 'Merriam Park Community Council :. City Manager - • ': Payne:Phalen District 5 Planning Council City. Of li�Iaplewood :.. Snlling Hamlin - 183 East County Road B. Community Council . Maplewood; MN 55109 St: Anthony. CommunityCound . . Summit.Hill Association Dear Mr: MCC�il�re: • : . Summit - University Planning Council Tn6mas -Dale DistrictT - The Saint. Fau Neighborhood Energy Consortiums (NEC) is . a nonpro '. ning.Council Plan . ;' .. .. ;- o oration that provides energy -conserVatlon'an waste management'`services. Fort RoacWYest 7xh Street •Federation , roJ ect . nsWate - �s a energy conservation • ro am. which , the NEC has o erat in . P . p gr �.. p ' •.: West SW Citizens Organization :Saint Pain far six years with the sponsorship :of the: Cityof Sa ult Paul. see' . : Ma Jim Schebel's endosemaent in the enclosed trochtire:: • - : : :. .:. : 1~h' e C: is :wohld dike to `ex and. Project Insulate rograrn to serve residents r . - . of Maplewood.: The NEC the •City of Maplewood sponsor the .. 'rat ect ' In sul ate..(K)� program. :. l • PI: is • a one =stQ energ - co ro am .funded b ':l�Tortherr _.States- p gy , p gr y • : : Power Gas .It lity- �thai� provides technical inform tioii and contracting services to hel p � home owners mare energ im rovements to their homes.: It is A''* 6d to : ivercome the barriers that inhibit •home owners from. making ma. or :energy irnproveents .. :. ' ..- - • 1✓ack of knowledge about r esidential. insulation procedures -• .. : �• . - Finding 'a reliable- contractor ; _ •� Nigh cost of insulating. walls and attic . . Knowing that: - the work will. done cortectl An Printed with. ink on 100% post- consumer paper _ ' ' Attachment 3 Page 1 'of 3 RESULTS FROM PROJECT INSULATE PARTICIPANT SURVEYS As part of an on- going evaluation of the Project Insulate Program, the Neighborhood Energy Consortium.administers a*. survey to program participants following completion of energy improvements to . their property. The purpose of. the survey is to assess customer satisfaction and ' to identify programs components that need improvement or modification. The following results are derived from 102 survey responses received in the Last CIP year,.october 1990 through September 1991. Below is a comprehensive breakdown of survey responses Project Insulate Worksho 1. Did you attend a Project Insulate Workshop? 45 NO 55% YES 2. How helpful was the information presented at the workshop? 7 7 % VERY HELPFUL 23% S OMEWHAT HELPFUL 0% NOT . HELPFUL 3. Did the workshop change or influence your ideas about which improvements to make on your property? 29% No 71% YES Prod ect Insulate Audit A. - Excellent Be - Good C. - Average D. - Poor 4. Technical expertise: 57% A 34% B 6% C 3% D 5. Responsiveness to your questions: 63% A 32% B 3% C 2% D 6. Ability to motivate you to get the work done: 46% A 43% B 10% C 1% D 7. Ability to explain needed energy improvements: 59% A 34% B 6% C 1% D 8. Ability to explain the Project Insulate process: 65% A 29% B 6% C 0% D 9. Please comment on the overall quality of the audit and ideas to improve it. Loan Program 10. Did you receive a loan-from the Energy Resource Center to finance your improvements? 64% YES 36% NO If so, why did you choose to take out a loan? 62% low interest rate 38% lack of cash on hand 5 0 Attachment 3 Page 2 of 3 11. Would you have made these energy improvements if financing was not available? 54% YES 46% No Getting the Work Done 12. What work did you have done through Project Insulate? Attic Insulation: 81% Wall Insulation: 82% House Doctor: 4 5 13 . Of the features that Project. Insulate offers, which was most important to you? (please check top three.) Guaranteed work: 64% Not having to get bids and choose a contractor: 56% Objective' information: 36% Low interest loans: 34% One stop process: 27% Competitive prices: 25% Individual attention: 15% Insulation_ Contractor Ratings A. - Excellent B. - Good co - Average D. - Poor 14, Promptness: 58% A 31% B 8% C 3% D 15. Quality of work: 67% A 29% B 4% C 0% D 16. Professionalism in completing the work: 56% A 35% B 8% C 1% D 17. Explaining what to expect before the work began: 42% A 40% B 17% C 1% D 18, Clean -up: 51% A 27% B 18% C 4% D House Doctor Contractor Ratings 14. Promptness: 65% A 29% B 6% C 0% D 15. Quality of work: 49% A 37% B 11 %. C 3% D 16. Professionalism in completing the work: 46% A 40% B 11% C 3% D 17. Explaining what to expect before the work began: 44% A 44% B 9% C 3% D 18, Clean -up: 57% A 34% B 6% C 3% D 0 In 19 . Technical expertise 594; A 30% B 9% C 2% D 20 Ability to explain the inspection process: 60% A 27% B 12% 1% D 21. Responsivene to your questions: 58% A 32% B 7% C 3% D Overall Program Cual ity overall, how would.you rate the Project Insulate Program? Excellent 75% Good 25% Average 0 Poor 0� Q Would Y ou be willing to act as a reference for the project? 75% YES 25% Na 7 MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Land Use Plan Change LOCATION: Maryland Avenue and Lakewood Drive DATE: June 21, 1993 INTRODUCTION Action by Council% Endorse - Modifie Rei ecte Date The Council should consider changing the land use plan at the southeast corner of Maryland Avenue and Lakewood Drive. This five -acre parcel is undeveloped. The City is planning this land for senior housing. The land use plan classification is R -3H (multiple dwellings). BACKGROUND On April 22 1991, the City Council changed this five acres from R -3M (residential medium density) to R -3H. The Council stated they will consider changing this site back to R -3M after one year if construction has not started on a senior housing project. (See the minutes on page 7.) Construction has not started. DISCUSSION Mr. Richard Webb, of SWB Management, Inc., is requesting that the City Council continue the land use plan designation. Mr. Webb would like to build senior housing on these five acres. The R -3H classification allows up to 16.3 units /acre of senior housing or 82 units. In his letter on page 5, Mr. Webb states that he is close to getting financing for this project. The risk in continuing the R -3H classification is that a non - seniors project may build within the next year. We are not aware of a non - seniors project for this site. There have been no changes to the area or to City ordinances that warrant changing the land use plan for this site. The City should give the developer another year to start construction, RECOMMENDATION If construction has not started, consider changing the land use plan at the southeast comer of Maryland Avenue and Lakewood Drive in one year. This change would be from R 3H to R -3M0 REFERENCE INFORMATION SURROUNDING LAND USES North: Beaver Lake Manufactured Home Park across Maryland Avenue South: An undeveloped area and three single dwellings along Lakewood Drive East: An undeveloped area and quad homes east of Sterling Street West: Beaver Lake and a single dwelling at 1 099 Lakewood Drive PAST ACTIONS March 20, 1980: The City Council approved a planned unit development (PUD) for the 30 acres at the southeast corner of Maryland Avenue and Lakewood Drive. This PUD was for 184 quad units in 46 buildings. This approval expired December 13, 1983. February 27, 1984: The Council changed the zoning for the quad -home development from F (farm residence) to R -3 (multiple - family residential). August 27, 1990: The Council lowered the maximum densities allowed in the land use plan. April S, 1991: The Council considered a request from the property owner to change the land use plan from R -3M to R -3H. This was for the 30 acres at the southeast corner of Maryland Avenue and Lakewood Drive. The property owner requested the land use plan change because the City had recently lowered the maximum allowed densities in residential areas. The Council directed the staff to prepare a resolution to change the land use plan from RM to RH for the corner five acres. This change was to allow senior housing. April 22, 1991: The Council changed the land use plan for the five acres at the southeast corner of Maryland Avenue and Lakewood Drive from RM to RH. This change was for senior housing. April 13, 1992: Council extended the RH land use plan for this area for one year. go \b- 4:planamen.mem (25) Attachments: 1. Land Use Map 2. Property Line \Zoning Map 3. March 29, 1993 letter from Richard Webb 4. April 22, 1991 City Council minutes 2 A++arhmrmn+ 1 J 7 Q a 0 II �I R -3(H) —1: BC(M) =� BC —� 1 0 20 4C 0 Ivy Ave. — R•2 Re 1 S — R - 3(H) R -3(M) [,Maryland A R Isc BC(M) Harvester Ave. -C m =BC Y a W —LBC mMinnehaha Ave. ABC � LBC 4s,14 os (H) m` BEAVER LAKE Q LAND USE PLAN N 3 • y � •• „ s - Attachment 2 I r s; �� . � �S - ] •.----- '�'t.._. -_� F R3 �...._ boundary .. r r 5. ` ... R3 v1 f0 1O O O It• w• v • _ Q • �.. M co �►� BEAVER LADE TRA ER PARK ■ : • CV � 1 �� r. u SS as 82 AID 3 .... . 4ph. Affy .- • �� rae• 1 • �. - t - f i .'. .e......►. .� F*4 RC I D f. 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' �s ; ., .. w. 1. r.•.•. .. • . • a i .. �1•A. • •••rte • • • • - • • • . - • • • j • • • • • • . • • •+J. . . .. . . • • • • • • • • ..: • r ... .� .{ ..... • .. v 22. 27 Q '� r ..........:.. • ........ ,.� D . .....................:.�::::.:. 1083 �"�� _ HESS: 1 :.. .............. .... .........��� :4 •••f••.•.�••.•••••••..1' ••••.•.••• p •t 1r .� <s� 084 . •••. ••f••••• ::: •�•� :•••mss ::�•.••••' COS 0 $7 w ..................... J .. .... t 20 ------- -- - -�• — -. - -• - -- -�+ -. �. MA4 N0 t1�I►�,■■AVE. o■ ! _ aaWME11IL ■s ! lf�', _... _ i m,R a n N :.SCHOOL D l ST. t oo.a ( ' 4 is / t •7 4i r ••..... .•• t.• {a.w • •la•L .w: 1 !. .. ;y I i �i r T rp t9�e If it U. /: * t . R1 ��• O '+ s �4•s w so tl I. ,+ u (I.es.)e _ �• ` . y it to I ,N a • C:l + iLZ-.` N° 3 r 'Ar-0-1 to q, low is ft 00 XAX • , i � • �.i'iiAi� — 1 x �� 1.00 j IL•.�� �tl'• ' • { • �' P) � •',' apt..•. t 10 .4 _ yLed _ a •� '' lam. "_ • t � g O . +t ' . �Cal f i • Ip, , p. ,!I r► f x1 /ice '•s' . t� ' s•f �,,, , } � Z �1 ,_, � �►• PROPERTY LINE /ZONING MAP 1980 QUAD —HO[� SffE (30 ACRES) PROPOSED SENIORS HOUSING SITE Q N mi ii 4 Attachment 3 Page 1 of 2 r r} � z 4 MAR 3 0 1 f ,1 • ..�•.: .'i �dLt.�WC' 1 �� k �:,;L �. w.,.__ A'i._ Ju e?dF..�L'._.:.E:� 1995 Oakcrest Avenue West •Saint Paul, Minnesota 55113 Telephone (612) 631 -9200 *Facsimile (612) 636 -3922 March 29, 1993 Mr. Tom Ekstrand City of Maplewood 1830 East County Road _B Maplewood, Minnesota 55109 Dear Mr. Ekstrand: The purpose of this letter is to request an extension of the rezoning of the corner five acres of the property at p Y the southeast corner of McKnight and Maryland for a senior housing project. We are continuing to pursue financing for this project and have good reason to believe that financing may become available to us in the near future. our existin g project ect J in Roseville continues to be very successful with a long waiting list. Please see the attached co of a newspaper copy w paper article for more details regarding our company Thank you for your patience with us as we work to finance this project at a time when financing is very difficult to s Since,r6ly, SW Management, Inc. 3 R.char L. eb z Partner RLW/ bd Attachment 5 20 Sunday /February 21/1993/Star Tribune An attractive alternative to the typical nursing ... Years the other day — aching ...y.., b. joints, .faltering steps and all — and I'm here to report that I was cheered by what I saw. For one thing, I saw Grace Regen- auer, who is 85, living with her own belongings in the privacy of her own small apartment despite the fact that she's been confined to her bed for 18 months. In the same building, I saw Joe Palumbo, 89, and his wife of 67 years, Lena, 84, reunited in their own place after being separated for two years by his health problems — he in a Maplewood nursing home, she in a White Bear Lake apartment. What I saw, in short, were aging, fragile people given an opportunity by three Twin Cities entrepreneurs to continue their lives in the privacy, dignity and comparative indepen- dence of their own quarters instead of in the institutional chill and regi- men of a nursing home. Regenauer, the Palumbos and more than 70 other elderly people are residents of an unusual place called Rosewood Estate, a 62,000 - square -foot Colonial -style apart- ment building on the south shore of Lake Owasso in Roseville. It's a "spic- and - span" facility, as one resident put it, that includes a 50 -seat dining room, large enter - t6inment and activities room, a I4rge- screen TV room and a solan- not to mention a beauty shop, s1 g room and patio. By all ac- counts, more than one young cou ple has stopped by to ask about v "ncies, thinking it was a luxury aOsrtment house. Mbre important, Rosewood Estate isp attractive alternative to the hospital -like atmosphere of the typical nursing home — an alterna- tive that offers its aging residents their own private apartments along with the availabilit of 24 hour - a- day health care, all at a cost com- petitive with that of nursing homes. Opened in 1989 at a cost of $5.2 million, Rosewood is the brain- storm of Stan and Charles Shuster, owners of a thriving Roseville interi- or design firm, and an ex- Baptist minister named Richard Webb. But somewhere in here we also have to Dick Youngblood f ive some credit to General Mills c., which funded an experimental residence for seniors called Elder Homestead and thereby inspired the Shusters to get involved with Rosewood Estate. Let's start at the beginning: The Shusters are partners in a business that occupies one of those unher- alded niches that most of us never hear about — doing the interior design and furnishings for nursing homes, retirement centers and ho- tels nationwide. Started by their fa- ther in 1959, Arthur Shuster Inc. and its 73 employees reap a $30 million annual volume. Because of their involvement in the industry, in fact, the Shusters even owned a Roseville nursing home for 15 years. Thus, they knew enough to be mightily impressed when they saw Elder Homestead, a 29 -unit Minnetonka apartment building designed to demonstrate that even the frail elderly need not be relegated to the often unpalat- able constraints of the conventional *trdu tnuy saw a viame option. "it was like a lightbulb going on," Stan Shuster said. Their business also had put them in contact with Webb, who had left the ministry in 1980 to become director of development for Good Neighbor Care Centers, a chain of nursing homes. They decided to put their financial muscle behind Webb, who had spent several years developing a concept aimed at allowing even the most infirm elderly to remain in their own apartments with the help of a private homecare service. The idea at Rosewood Estate is to minimize costs by unbundling the charges for health care and any living assistance that a resident re- quires in addition to the two meals a day and the weekly housekeeping that come with the rent. available 24 hours a day with the press of a button on a small trans- mitter worn around a resident's neck or wrist. By comparison, a licensed nursing home is .required to maintain a higher level of staffing based on its number of residents, whether or not they all require that high level of care. The rental costs at Rosewood Es- tate: $1,890 to $2,200 a month (plus $400 for a second occupant) for units that range from 415- square- foot studios to 515 - square -foot, one - bedroom units. A handful of larger one - bedroom apartments rent for $2,300 a month and up. By comparison, the average cost for a nursing home in the metropoli- tan area is nearly $2,700 a month, with many costing upwards of $3,000. Health care and living assistance are provided by Presbyterian Home The thing is, despite remaining home 3r said they're negotialif ential partners in a dot -; Ries and have nailed Dancing to build 'three .., unit facilities in 1993",1 .5 million apiece. easy concept to sell" to in said. "But there'll o when they won't be more conventional c ies — it'll all be this ity. Knauer, the lady who's bed in her third -floor it Rosewood Estate, .its.. 310 explaining the cone ; er: "This gives me a ;± )re choices, and it ggives Pivacy I can use," she I%, lon't feel as though I v wrsing home.' e as that. - v y sv c+ tQ c+ N � O (D -fi c31- N W Stan Shuster attachment 4 2. Land Use Plan Change: Lakewood Drive i Maryland Avenue (4 Votes) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Commissioner Pearson presented the Planning Commission recommendation. d. Councilmember Zappa introduced the following Resolution aid moved its adopt : . . 91 -04 -54 LAND USE PLAN CHANGE E RESOLUTI4H WHEREAS, Richard Sagstetter applied for pp a change to the City "s band use plan from RM (residential medium density ) to RH (residential high density ). WHEREAS, this change applies 9 PA to the property located at the southeast corner of Maryland Avenue and Lakewood Drive. WHEREAS, the history of this change is g as follows. I. The Planning ommission 9 held a public hearing on February 19, 19910 City staff ublished a heari P _ ng notice in the Maplewood Review and sent notices to the surrounding property owners as required b law. The Planning Commission y g s s i on gave everyone at the hearing - oak and r a chance to speak present written statements. The Planning Commission recommended to the City Council uncil that they table this change until someone proposes a ro development for the p P P e property. 29 The Cit Council discussed the plan amendment on April 8 and April 22, 1991. They considered reports P and recommendations from the Planning Commission and City staff, NOW, THEREFORE, BE IT RESOLVED that the City Council approve a change from RM (residential medium density) to RH (residential high density) for five acres at the southeast corner of Lakewood Drive and Maryland Avenue. Approval is for the following reasons: I. This change is based on testimony at the hearing that this area will be developed with senior housing. 2. The Council has stated in the past that they would approve density increases for senior housing. 3. Senior housing produces less traffic per unit than other types of multiple dwellings. 4. The Council will consider changing this site back to RM after one year if construction has not started on a senior housing pro3ect. Seconded by Councilmember Car son Ayes — all 7 MEMORANDUM TO: FROM: SUBJECT: LOCATION: PROJECT: DATE: City Manager Ken Roberts, Associate Planner Conditional Use Permit Review North Side of the Aldrich Arena Parking Lot County Household Hazardous Waste Collection Site June 21, 1993 Action by Council:1 En.dors e �... Modifie �, �..,...... Rejecte Date INTRODUCTION The conditional use permit for a temporary collection site for household hazardous waste at Aldrich Arena is due for review. The site is on the north side of the Aldrich Arena parking lot. The County has a permanent household hazardous waste collection site in Mounds View. The County uses the Maplewood site to provide more convenient service for local residents than the Mounds View site. (See the maps on pages 2-4 and the County's letter on page 5.) BACKGROUND May 11, 1992: The City Council approved a conditional use permit for a household hazardous waste collection site at Aldrich Arena. The Council approved the permit subject to 11 conditions. (See the attached minutes on page 13.) DISCUSSION We are not aware of any problems with this site. Unless the County requests an extension, this permit will end on December 31, 1993. The County has not requested an extension yet, but they probably will. RECOMMENDATION The Council does not need to take any action on this permit. go /b- 4:memo99b.mem (14) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. 4 -16 -93 letter from Zack Hansen 5. 5 -11 -92 City Council minutes Z � y r 'Attachment 1 MCEHU RD. oaMorrr AVE. m ROOKS AVE tg BROOKS AVE �'�EN� L SIX TMJT� � +. �cr A NS CE1tVNS CERb/US AVE ~. CRlWO'VIEW AVE VKhC DR. Y CASTLE Ate- a SHERREN AVE n it� A K �'. �• Z `r lo AVE- COPE. AVE. • AVE — V �, WtK t AVE. t; � i LAURIE ..;' Rp. LAURIE R0. p UURIE = RD. W SAND URST � P " 1 AVE p� 4 8 Sri c'�i ��' Co. R0. > B � r • O 1700 BURICE AVE. o o A BURKE AVE � ��c�` � %� o �s O RIDGE AVE. 3: x"hip O (� AVE. r C1p. ►lar N AVE. HARRIS AVE •� `:.• ROSEWQOO AVE N. °.� •. vp• ' RQ p FOWSEY COUNTY • . �y AV. AvE. S. NU "G NOS AND , . NOR. .... • . . � • •• • 04 *so ' 9 *0 0.0 1 ' • AVE. RfCN • LF •' • • • �• • •'� • � •„...•••, •. .. HOLL OWAY .... • t;- -o. U28 Z] FA D; %V O SU M AVE. ARENA mod. 25 for: 000*" o Z � R1 Pt,.EY 61 Ri Pi.fY AVE. �, 1Ko ° � • Loke o m IONGSTON AVE. T. � e i PRICE AVE. w Cr. t ._ --j W 64 �, oc m x i • LOCATION MAP 4 N "ttachiient 2 - ,x.71 _ R ,,• . . (4 RAMSEY COUNTY 1 9 40. Ore (38) (3) NURSING HOME 110 _ tf v 7 I 35 (3 -1 ) fit C47 M ( 3s1 3 �) PROJECT LOCATIOM ( 34 (a � � o vtl RAMSEY COON I GOLF COURSE .f r *O WL.. PERKINS .c�4 • �) n 1 - � N' 1 � / 14� ' too 0 X i 0 I N t t 2L, t3a °f t Z te (��) a 1 Jy i 141. t7 � J PROPERTY LINE / ZONING MAP 3 4 N � RAMSEY / 1855 (z+) 1849 00 1 ` (zz) 1831 tj ' 1 ;1829 (tog Jo Z 1 r " RIPLEY 7ki7 1805 06 j t�.,y CI) (444) 1799 ' ' r . f (7) 3 $7 1 1 3 5 ( r a Aft c Q ' 1 0 7 Via) t o Cc) l ( CAj� t �8/ j A61 N � 32 (33) t95k02 1 1 t . lac • t et. vtl RAMSEY COON I GOLF COURSE .f r *O WL.. PERKINS .c�4 • �) n 1 - � N' 1 � / 14� ' too 0 X i 0 I N t t 2L, t3a °f t Z te (��) a 1 Jy i 141. t7 � J PROPERTY LINE / ZONING MAP 3 4 N Attachment 3 f E I I x i E ' x U Lam. w � N Z z �-- � U w z .J 0 C.) w w LLJ < < V) Cc 3 w LLJ W (f) > cn : 0 J W Q = o. � Q aa. <C Cl� > N w � V) LY U O �• Q 4 � Z Q W ,. GO N cn . •n a „ 0 ry ,09 Q 0 n :2 W w z F- ' LLI W /•�/ w" LL w l 2 U L; J - p U Q O i 4 � x !1:161Et= a 'S r t RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF SOLID WASTE 1910 West County Rd. B #206 Roseville, MN 55113 (612)292 -7900 Fax (612) 633 -0571 Zack Hansen, Manager Attachment 4 COUNTY COMMISSIONERS Diane Ahrens John T. Finley Ruby Hunt Dick Wedell Hal Norgard Brenda C. Thomas Warren W. Schaber PMSEY COUNTY April lb, 1993 Mr. Geoff Olson Director of Community Development City of Maplewood 1830 E , ' County Rd . B Maplewood, MN. 55109 Dear Mr. Olson: Terry Schutten County Manager The Ramsey County Department of Public Health, Division of Solid Waste, is pleased to provide an update on operation of the seasonal household hazardous waste (HHW,).. collection site behind Aldrich Arena in Maplewood. Enclosed you - will find a report on this site for 1992, site maps, and an attachment showing waste collection figures for the year. The Maplewood HHW site was open for 13 dates in 1992, during which time over 1,300 people disposed of their HHW at this locations This site had the highest average daily use of the three HHW sites operating last year, with over 100 participants per seven --hour period. Unfortunately, we are unable to report the volume of waste collected specifically at the Maplewood site. However, using the average weight of brought per participant for the year, we can estimate that approximately 72,270 pounds came to the Maplewood site. In addition, the average distance.driven to the site of four miles suggests that most of the participants came from the City of Maplewood. Based on such a successful public response, the Division plans to continue to operate a seasonal HHW collection site at the present location behind the County Nursing Home, near Aldrich Arena, in the Spring of 1993. (The operating dates for this year are Fridays and Saturdays from April 2 to May 22.) We would be glad to attend the City Council meeting in May to answer any questions which may arise from the permit review discussion.. Meanwhile, please contact me. at 292 -7904 if you have any questions regarding this letter or the enclosed report. Sincerely, I hi Zack Hansen Division Manager iJ minimum 10% pmt-consumer CREATING A HEALTHY FUTURE FOR RAMSEY COUNTY recycled AM please recycle recyclable SUMMARY REPORT: OPERATION OF A SEASONAL HHw COLLECTION SITE IN MAPLEWOOD DURING 1992 Introduction: Ramsey County's HHW Management Plan In March of 1991, the Ramsey County Board of Commissioners approved the Permanent Household Hazardous Waste Program for Ramsey County Phase I Implementation Plan (Phase I Plan). The Phase I Plan reviewed current issues in household hazardous waste (HHW) management, with the goal of implementing the first phase of a HHW management plan for 1991 and 19929 Some key recommendations of the Phase I Plan were: the large population (nearly one -half million) and small area (187 square miles) suggested that one facility located anywhere in the County - would provide a minimal level of service to residents; • previous HHW collection events had raised County residents awareness of proper HHW management, prompting the need for a facility open year - round, with convenient operating hours; Based on these f actors , the Phase I Plan set forth a framework for establishing a HHW collection program using a two -track procurement process: compare a County -owned facility model with-proposals received from the private sector for a year- round site. The resulting request for proposal also offered potential vendors the option to propose development of satellite (or seasonal) collection sites, which would operate -- simultaneous) with the year -round site - -for a limited period at selected sites during the warmer months of the year. The seasonal collection sites were thought to offer the following advantages: • more convenient service to residents in certain areas of the county; an opportunity to evaluate alternative HHW collection system options • a chance to explore the effectiveness of promotional efforts targeted to a specific area of the county. Ramsey County received four proposals, entered into competitive negotiations with three vendors, and in August of 1991 signed a contract with Dynex Industries of Mounds View. Dynex began operating the Mounds View HHW collection facility year -round in September of 1991, and also operated seasonal collection sites in Maplewood and Roseville during 19920 Seasonal Site Design - Site behind Ramsey County Nursing Home, City -of* Maplewood In November of 1991, work commenced on site design plans. Meetings were held at first with Dynex staff to discuss site specifications, page 1 of 5 6 staffing levels, and equipment needed. Follow-upmeetings were then scheduled with City Community Development staff, including the fire marshal and building code official, along with a design engineer from the Ramsey County Department of Public Works, and staff from the Ramsey County Division of Solid Waste. From these meetings came the site components.: • a reinforced concrete slab measuring 18 feet by 38 feet, with spill containment • asphalt pavement for the slab perimeter • a temporary tent -like canopy measuring '20 feet by 40 feet, with supporting framework (poles,.rope stakes, etc.) • utilities (telephone, water, sanitation, and electricity, supplied as portable units) a support vehicle for equipment storage and waste transport; ( a 40-foot covered bed truck with a spill pan and lift gate ) • tables, drums, spill kits, safety equipment, etc. • personnel (usually about 4 or 5 staff to serve up to 140 participants per 7 -hour operating day) An important factor in obtaining consensus on site design was an agreement with City officials to not allow waste consolidation (such as paint bulking) on site. While site design plans were finalized, the County February of 1992 submitted to the City a request for a conditional use permit to develop the Aldrich Arena site. Following a public hearing, the City Planning Commission requested the County consider use of the site behind the County Nursing Home. This decision arose out of concern that the Aldrich site was too visible to nearby homes and businesses. A public information meeting designed to address concerns and answer questions about HHW was scheduled. In May, the City Council voted .to approve a conditional use permit for use of the Nursing Home site during 1992 and 1993. The site opened at noon on Friday, June 5, and operated on Fridays and Saturdays (except July 4th) through July 18th. Seasonal Collection Site Operations On weekends when the site was open, the canopy was erected by the vendor on Friday mornings, remained set up on site overnight on Fridays, and was taken down Saturday evenings. It was set up over- -and completely covered- -the concrete slab. Each 20 -foot end of the canopy had optional heavy -duty sidewalls, which could have been attached to reduce wind and rain penetration when needed. The canopy was royal blue in color, made of 16 -ounce heavy -duty, flame- retardant nylon, and supported by staked cables and treated wooden beams. This design allowed two lanes of traffic, each 10 feet wide, to simultaneously enter the drop -off area beneath the canopy. Each traffic lane was serviced by a separate team of technicians. page 2 of 5 The site was open to the public between noon and 7 p.m. on Fridays, and between 10 a.m. and p.m. on Saturdays. Only the canopy remained on s i.te overnight on Fridays; there was no other equipment on site from Saturday night until the following Friday morning. During site operating hours, cars were directed to one of two service lanes under the canopy. Once under the canopy, drivers shut off the engine and opened the trunk. Dynex technicians inspected the waste to ensure it was acceptable material, and then removed acceptable waste containers from the trunk and placed them in leak -proof plastic tubs. The site use permits did not allow waste consolidation activity, so waste containers were not opened at seasonal collection sites unless it.was necessary to verify contents. Containers were instead packed in drums, placed into a truck, and then transported to the main HHW facility in Mounds View at the end of each operating day. Once there, the containers were opened and the waste consolidated or repackaged prior to shipment to approved treatment or disposal facilities. Public information materials and portable signs were used to direct residents to those routes that had the least impact on local traffic patterns. There was an emergency response coordinator on site during all operating hours. The Maplewood fire department and hazardous materials response team were notified that the HHW site was in use, but were not asked to provide equipment or service as part of routine site operations. Approved fire extinguishers and all other fire protection equipment required by City ordinance were provided by Dynex Dynex also provided the necessary tools and equipment for hazardous material spill control. Dynex personnel responded immediately to remove and properly manage any waste abandoned at the site during non- operating hours. Maplewood Collection Site Data Operating Period: June 5 - July 18, 1992 Site Use: Fridays (7 dates): Saturdays (6 dates): Total (.13 dates): 694 participants 620 it 1,314 it Daily Average: 101 of Waste Collected: Approximately 72,270 pounds* (* This is an estimate calculated by taking the average weight of HHW brought per participant at all Ramsey County HHW collection sites for the year - -55 pounds - -and multiplying by the number of Maplewood site users -- 1,314.) page 3 of 5 8 The busiest date was the last day, July 18th, when 132 participants .. used the Maplewood site. - This number represents about 110 vehicles, since many people bring HHW from more than one household. The rapid service time (a'n average of about 10 minutes per vehicle) eliminated the long waiting lines common to single -day HHW collection events. Public Education/Promotional Efforts Promotion of the Maplewood collection site was targeted to City residents prior to and during the site operating dates. The HHW fact sheet for the year -round site was modified to include specific dates of operation, with driving directions and a map showing the exact site location. These fact'sheets were then inserted into the City's June newsletter for distribution to all households. Qther.promotional efforts were employed, including: • ads and articles in local papers • fact sheet distribution at City halls, libraries, community centers, community clean -up events, and County compost sites • messages on marquees (changeable signs) at Aldrich arena • use of portable signs to direct traffic to the collection site In addition to these promotional efforts, public educational materials that focused on HHW reduction were distributed to all site users. Sunmmary of Responses to Participant Survey Data is now available from nearly 4,000 surveys collected from participants at the year -round site and the two seasonal sites. There does not seem to be any significant difference in responses between the year -round and the seasonal sites. A summary of responses follows: • Most people obtain information about the HAW collection sites from a newspaper. Flyers in City newsletters were the second most popular source. Anecdotal information suggests that the portable signs placed to direct traffic to the site in Maplewood also served to promote the site. • Of the three sites, the Maplewood site was the most visible to passing traffic. Not surprisingly, this site was the easiest to find, and had the highest daily average use. • Nearly 90% of all participants brought waste from their household only; 95% of participants were homeowners. page 4 o f 5 D The average distance driven to the HHW sites: Mounds View Maplewood Roseville 7 miles 4 miles 4 miles The average distance driven to the Maplewood site- -four miles -- suggests that most of the participants came from the City of Maplewood. • How often people plan to use. HHW site: Mounds View Maplewood Roseville Once per year 44% 50% 51% Twice per year 24% 27% 26% Every 2 -3 years 15% 12% 12% These figures reveal a continuing need for HHW collection services in Ramsey County. The hiq' her figures for the seasonal sites suggest that conveniently located sites will be used more. Future Plans Based on the positive response to seasonal collection sites, Ramsey County plans to continue use of the seasonal sites in Maplewood and Roseville for 1993. In addition, the County is developing two more seasonal sites during 1993. Both sites will be located within the City of Saint Paul. Only one seasonal site will be operating at one time. The Mounds View 8HW collection site is currently scheduled to continue operations on a year -round basis through the end of 1993. page 5 of 5 10 RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF SOLID WASTE 1992 HOUSEHOLD HAZARDOUS WASTE PROGRAM SUMMARY DATA dnT!' W TTU%'U Mounds View (Permanent Site) • 194. day of operation • 3,608 participants Average 19 /day Maplewood (Satellite Site - June 5 to July 1 • 13 days of operation • 1,314 participants - • Average 101 /day Roseville (Satellite Site) - September to October 31) • 16 days of operation • 1,494 participants • Average 93 per day Total (Three sites.) • 223 days of operation : • 6 , 41.6 partic • Average 29 per day WASTE DATA Waste types and volumes managed during * Lab pack weights for 1992 are based on distribution of wastes shipped for disposal during the year. Average Pounds of HHW per participant 54o9 11 Average Volume Total pounds per $ of Item gallons weight arti.c�. ant total. - total Latex pa i.nt 20 7 ,17 5 . 49 Oil paint 10,285 92-,380 1494 26 Solvents (gasoline, etc) 3,025 20,350 3.2 6 Aerosols .12 2.0 4 Driveway sealer 7, 000 (est. ) 1.1 2 Dioxin wastes 1 0.3 -- Total lab packs* 46,089 7.1 13 Lab.Pack Wastes* Hazardous substances . 12 1 9102 2.0 Flammable liquids 9 1.5 Pesticide liquids 12,800 2.0 Pesticide solids 4 0.7 Corrosive liquids 4 0.7 Corrosive solids 590 0.1 Oxidizers, peroxides 742 0.1 Cyanides 39 - -- Other 152 - -- * Lab pack weights for 1992 are based on distribution of wastes shipped for disposal during the year. Average Pounds of HHW per participant 54o9 11 WASTE MANAGEMENT Four methods used: Recycling /Reuse • Recovery of latex paint solids • Other (driveway sealer reuse) Resource Recover • Fuel blending (solvent, oil paint) Hazardous Waste Incineration Storage (Dioxins, Mercury) ('()T.T.F.rTT()N RXPF.NSF.S 36% 2% 38% 19% 43% <1S Latex Paint 49% 172176pounda Driveway Seater 2% Jnds Oil Paint 26% 92830pounds Recycling (latex) 36% 127050pounds Incineration. 43% 150449pounds Lab Packs 13% 46089pounds Solvonts e% Aorouola 4% 20350pounds 12705pound3 Average amount of HHW per participant - 55 pounds Recycling (fuels) 19% 66150pounds Recycling (sealer) 2% Storage 1% 7000pounds 2165pounds (Based on HHW packaged for shipment or storage) FIGURE 3 HHW COLLECTION PROGRAM EXPENSES -1992 Total Cost - $ 866.652 Labor 31% $271782 Facilities 7% $61315 / Pass Through 3% $30193 Wasto Diaposal W% 1 $503362 P9 Average Cost per Participant • $135 (Excluding Public Education expenses) Expenses of Total Hazardous Waste Disposal $503,362 58% Labor Fees 271,782 31% Collection Facilities 61,193 7% Pass- through costs 30,193 3% 1991 Average cost per participant: $160 1992 Average Cost per participant:. Use of Environmental Purification Industries in Ohio to recycle latex paint_instead of incineration saved $27,000 in disposal costs. Using driveway sealer in road underlayment by Ramsey County Public -Works instead* of incineration saved over $22,000 in disposal costs. FIGURE 1 TYPES OF HHW MANAGED (BY WEIGHT) - 1992 FIGURE 2 FATE OF HHW COLLECTED DURING 1992 (Estimates; based on HHW shipped) Latex Paint 49% 172176pounda Driveway Seater 2% Jnds Oil Paint 26% 92830pounds Recycling (latex) 36% 127050pounds Incineration. 43% 150449pounds Lab Packs 13% 46089pounds Solvonts e% Aorouola 4% 20350pounds 12705pound3 Average amount of HHW per participant - 55 pounds Recycling (fuels) 19% 66150pounds Recycling (sealer) 2% Storage 1% 7000pounds 2165pounds (Based on HHW packaged for shipment or storage) FIGURE 3 HHW COLLECTION PROGRAM EXPENSES -1992 Total Cost - $ 866.652 Labor 31% $271782 Facilities 7% $61315 / Pass Through 3% $30193 Wasto Diaposal W% 1 $503362 P9 Average Cost per Participant • $135 (Excluding Public Education expenses) Attachment 5 Zach Hansen, Ramsey County Health Dept. John Gul ner, Dynex Corporation Hal Nor 9 ard, Ramsey County Commissioner Tom Cory, Perkins Restaurant f . Mayor Bastian closed the public hearing. Councilmember Za a introduced the following Resolution and moved its 9 PP adoption: 92 -05 -43 CONDITIONAL USE PERMIT RESOLUTION WHEREAS the Ramse y 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, this 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 Subd 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. The y recommended that the City Council approve said permit. 2. The Cit y 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 P ro P y ements. 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 bed 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 P Code of 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 ro erty, because of excessive noise, glare, smoke, dust, odor, P P fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 13 5 -11 -92 5. The use would generate only minimal vehicular traffic on l oca.l 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 faci 1 i ti es 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 environ mental 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 Cast of the County Nursing Home. 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 spri ng- 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 14 Ayes - all 5 -11 -92 l AGENDA REPORT TO: City Manager FROM: Acting Human Resource Director RE: CHANGE IN FUNERAL LEAVE POLICY DATE: June 22, 1993 INTRODUCTION AGENDA NO. ,Action by Council Endorsed _..... Modif i e d.-.�__�_ Re Date Section 7 -8 of the City's Personnel Policies does not specifically allow funeral leave time for the death of a son -in -law or daughter -in -law. We are requesting the City Council amend the Personnel Policies to include specific reference to sons -in -law and daughters- in-law, BACKGROUND This issue arose when an employee requested funeral leave for the death of a son -in- law. The current policy states: "Funeral leave with pay shall be extended to an employee upon the death of a member of the immediate family of said employee or employee's spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers or sisters), for attendance to the funeral or other demonstrated need in relation thereto." It would seem appropriate to specifically include sons -in -law and daughters -in law, rather than leave the policy open to interpretation, which could result in inconsistent applications of the policy. This would affect non -union employees, since union contracts, whose funeral leave policy mirrors the City's current Personnel Policies, will not be renegotiated until 1995. The union could request a similar amendment at that time. It is requested that such an amendment be effective retroactive to May 1, 1993, in order to accommodate the employee making the original request. RECOMMENDATIOJN It is recommended the Council amend the funeral leave section of the City's Personnel Policies to include the words "sons -in -law" and "daughters -in -law," effective May 1, 1993. tmc rA= MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Carefree Cottages of Maplewood DATE: June 22, 1993 INTRODUCTION Endorse Mo dif i erl�.._....� R Date The developers of the Carefree Cottages of Maplewood are requesting that the City Council approve three agreements: 1. The development agreement for tax - increment financing. 2. Two agreements for the $279,000 loan from Ramsey County. (See the letter from Mary Ippel on page 5 and the attached agreements.) BACKGROUND February 10, 1992: The City Council approved atax increment financing (TIF) district for this project. March 22, 1993: The Council requested that the County give the City a low-interest loan for the Carefree Cottages of Maplewood. May 24, 1993: The Council approved dividing the TIF district into two parts. DISCUSSION The Council previously approved the use of TIF for this project. The Council must now approve the final development agreement. The Council previously requested that the County approve aloes- interest loan for the City to loan to the Cottages. The County has done so. The Council must now approve the loan agreements. RECOMMENDATION Action by Gau -nail 31 S* Approve the resolution on page 63. This resolution approves the tax- increment financing development agreement and the loan agreements. go/b- 4:Cottloan.mem (10) Attachments: L Location Map 2. Property Line Map 3. Letter and attachments from Mary Ippel Attachment 1 • 8 E1 `ty AVM. �,. _..� ""'' t1 -"'". �. e A 19 19 MAPLE- \nEW A! 0 RADATZ }..1. • AVE% -am • •• • • • , • •• j • • M i •. • •t ac 39 .i Work uj P V -� �. NC A VE KOHLUM AVE. K + -� o AVE �� . � _ � z Q A •• C v S �, .: �n IS • W � H L •% r XHLL RW 0 • �..�/ • EDC H BROOD w . EL. SEX TANT '• t• • AVE. }. C ERVAtS G CMAIS AVE. CL GRAN OM EW AVE. VIKING CA w�. • ' SHERREN A VE. , Kn uc Lake CA.ST1F A%vL A VE. COPE A VE. AVE. a IARx A V E j t; • • CL G LAURIE R0. �r..r, eed LAURIE ° RO LAURIE D. a � v =33 Z �i % �. w • • � SAND URST Z AVE 2 R. > e KL' AVE, BURKE A VE. Qo BURKE AVE +'•.� ELDR IDLE AVE.. �++��•.t , • • ? LA. d P BELMONT LA. �' �=% � ,�� •� `` . 9 AV E. � np� cy► ,e. • SKILL um AyE • . KARRIS AVE. • ROSEW000 AVE • t 0 RAMSFY COLWTr AN A � " AIR }} Argo AVE. 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Ir N1 C%I 9 '" TIL 83 0 6 .41 w V t• a vh�C tLi �� I3! i - -.. •. .1• 173.1 ' ", 132.0 • • 226.325 At is 1.3 a►t • 1 �. 2 d sc. . 1 N 1 � N 1.4j•e.. 1 on 3. • �1 � 1 N 1 1, *1 1 (1-r) N 0(j) (4) A t ' Z Ct3, 060 i 4 N 4 LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANG BUILDING SAINT PAUL, MINNESOTA 5t5101 TELEPHONE (612) 223 - 6600 FACSIMILE (612) 223-6450 WRITE$PS DIRECT DIAL NUMBER (612) 223 -6620 June 21, 1993 JUN z z 1993 MINNEAPOLIS OFFICE 2400 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (Q12) 334-8400 FACSIMILE (912) 334-8G50 Geoff Olson Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 -2797 RE: Carefree Cottages of Maplewood Limited Partnership Dear Geoff: On June 28, 1993, the City Council will be taking ction with respect t g P o the following documents relating to the Carefree Project: Cottages of Maplewood Proj g P J 1. The Development Agreement between the City and Carefree- Cottages of Maplewood Limited Partnership. This Development Agreement relates to the tax increment financing for the project and, principally, provides that the partnership will receive the benefit of pay as you go tax increment financing for a fifteen year period. 2. A Home Investment Partnerships. Program Agreement between the County of Ramsey and the City of Maplewood. This agreement is not included in this letter as it is being prepared by Harry McPeak of the Ramsey County attorney's office. When I receive a copy of this Agreement I will forward it to you. This agreement provides for the loan of $279,000 from Ramsey County pursuant to the Home Investments Partnership Program. This money will be loaned to Carefree Cottages of Maplewood Limited Partnership. 3. A Loan Agreement between the City of Maplewood and Carefree Cottages of Maplewood Limited Partnership. This Loan Agreement provides for the loan of the moneys received from Ramsey County to Carefree Cottages of Maplewood Lunited Partnership. The loan of these moneys will be secured by a statutory mortgage, assignment of leases and rents, security agreement, and fixture financing statement securing the City of Maplewood. I have also enclosed a Resolution approving these a PP g agreements, 5 BRIGGS AND M If you have any additional questions, lease do not hesitate to co ' P contact me. I well plan on being at the City Council meeting on the 28th to answer an questions that .the y q he City Council may have. Very truly yours, Mary L, ppel MLI:kmi C� 4 DEVELOPMENT AGREEMENT BY AND.BETWEEN THE CITY OF MAPLEWOOD �e CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP This document drafted by BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 242021 7 2 TABLE OF CONTENTS P aae ARTICLE 1 - DEFINITIONS 2 Section 1.1. Definitions . 2 ARTICLE II - REPRESENTATIONS AND WARRANTIES 5 Section 2.1. Representations and Warranties of the City . 5 Section 2.2. Representations and Warranti of the Developer . 10 . 40 5 ARTICLE III - UNDERTAKINGS BY DEVELOPER AND CITY , 8 Section 3.1. Land Acquisition Site Improvements 0 0 8 Section 3.2. Reimbursement: Tax Increment Revenue N ote . . . . . . . . . . . . , . . . . . 8 Section 3.3. Compliance With Low and Moderate Income Requirements 10 ARTICLE IV - EVENTS OF DEFAULT . 11 Section 4.1. Events of Default Defined 11 Section 4.2. Remedies on Default . . in . . . . . 12 Section 4.39 No Remedy Exclusive . . . . . . . . 12 Section 4.4. No Implied Waiver . . . . . . . . . 12 Section 4.5. Agreement to Pay Attorney's Fees and E xpenses . . , . . . . , . . . . 13 Section 4.69 Indemnification of Authority and City . 13 ARTICLE V - DEVELOPER'S OPTION TO TERMINATE AGREEMENT 15 Section 5.1 The Developer's Option to Terminate . 15 Section 5.2 Action to Terminate . . . . . , . . . . . . 15 Section 5.3 Effect of Termination . . . . . . . . . . . '15 ARTICLE VI - ADDITIONAL PROVISIONS 16 Section 6.1. Restrictions on Use . . . . . . 16 Section 6.2. Conflicts of Interest . . . . . . . 16 Section 6.3. Titles of Articles and Sections . . . 40 16 Section 6.4. Notices and Demands . . . . . . , . . 16 Section 6.5. Counterparts . . . , . . . . . . . , , . 17 Section 6.6. Law Governing . . . . . . . . . . . . . . 17 Section 6.7. Expiration . . . . . . . . . . . . . . 17 Section 6.8. Provisions Surviving Rescission or Exp . . . . . . . . . . . . . . . 17 Sign atures . . . . . . . . . . . . . . . . . . . . . . 0 18-19 Acknowledgements . . 0 20 -21 Exhibits 242021 E'� DEVELOPMENT AGREEMENT . THIS AGREEMENT, made as of the 28th day of June, 1993, by and between the City of Maplewood, Minnesota (the "City "), a municipal corporation organized and existing under the laws of the State of Minnesota and Carefree Cottages of Maplewood, a Minnesota Limited Partnership (the "Developer "), WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134, the City has formed Municipal Development - District No. 1 (the "Development District ") and has adopted a development program therefor (the "Development Program ");.and ,WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179, as amended, (hereinafter the "Tax Increment Act "), the City has created, within the Development District, Housing District No. 4 and Housing District No. 1 -5 (collectively., the "Tax Increment District "), the legal descriptions of which are attached hereto as Exhibit A, and has adopted a tax increment financing plans, dated May 24, 1993, therefor (collectively, the "Tax Increment Plan ") which provides for the use of tax increment financing in connection with certain development within the Development District; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private enterprise in conformance with the Development Program, the City has determined to assist the Developer with the financing of certain costs of a Project (as hereinafter defined) to be constructed within the Tax Increment District as more particularly set forth in this Agreement; and WHEREAS, the City believes that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best .interests of the City of Maplewood, the health, safety, morals and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 242021 ARTICLE 1 DEFINITIONS Section 1.1. 1fnitions All capitalized terms used.and not otherwise defined herein shall have the following meanings g n unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institut ions in the City are authorized by law or executive order to close; C_ ty means the City of Maplewood; Minnesota; Compliance Certificate means the Compliance Certificate in substantially the form attached hereto as Exhibit E; County means Ramsey County, Minnesota; Developer means Carefree Cottages of Maplewood, a Minnesota limited partnership, its successors and assigns; Development, District means the real property described in the Development Program; Development Program means the development program approved in connection with the Development District; Development Property means the,real property legally described in Exhibit B attached to this Agreement; Event of Default means any of the events described in Section 4.1 hereof; Legal and Administrative Expenses means the fees and expenses incurred in connection with the adoption of the Tax Increment Financing Plan, the preparation of this Development Agreement, and the issuance of the Tax Increment Note; Note Payment Date for the Note relating to Phase I means August 1, 1995' and each February 1 arid August . 1 of each year thereafter to and including August 1, 2008; and thereafter the final Note Payment Date shall'be the date that the City certifies to the Developer as the final Note Payment Date for the Note relating to Phase II shall mean the dates to be determined based on the scheduled completion of Phase II for a fifteen year 242021 10 period. .(14z years with a final Note Payment Date as certified by the City) provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; Phase I means the approximately unit elderly multifamily housing development to be located on the Development Property; Phase II means the approximately unit elderly multifamily housing development to be located on the Development Property Prime Rate means the rate of interest from time to time publicly announced by First Bank National Association in Minneapolis, Minnesota, as its "prime rate" or any successor rate, which rate shall change as and when that prime rate or successor rate changes; Project means the Phase I and the Phase II Projects; Site Improvements means the site preparation, soil correction, footings and foundations landscaping and sewer and water improvements and other site improvements to be undertaken on the Development Property, more particularly described on Exhibit D attached hereto; State means the State of Minnesota; Tax Increments means the tax increments derived from the Tax Increment District which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.179,.as amended; Tax Increment District means collectively Housing Financing District No. 1 -4 and Housing District No. 1 -5 located within the Development District, the legal description of which is set forth on Exhibit A attached hereto, which were qualified as housing districts under the Tax Increment Act; Tax Increment Financing Plan means the tax increment financing plan 'Japproved for the Tax Increment District by the City Council on May 24, 1993; Tax Increment Note means the Tax dncrement Revenue Note (Carefree Cottages of Maplewood Project Phase I and the Tax Increment Revenue Note (Carefree Cottages of Maplewood Phase II 242021 11 Project) Project) to be executed by the City and delivered to the Developer pursuant to Article III hereof, a copy of which is attached hereto as Exhibit C. Unavoidable .Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually evere or prolonged bad Y P g weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal state or local governmental unit (other than the City) which directly result in delays. 242021 12 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.10 Representations and Warranties of the Citv The City makes the following representations and warranties: (1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its obligations hereunder. (2) Based on the representation of the Developer set forth in Section 2.2(10) below, the Tax Increment District are "housing districts" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11, and were created, adopted and approved in accordance with the terms of the Tax Increment Act. .(3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. (4) To finance certain costs within the Tax Increment District, the City proposes, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer for the costs of certain Site Improvements incurred in connection with the Project as further provided in this Agreement. (5) The City makes no representation or warranty, either express or implied, as to the Development Property or its condition or the soil conditions thereon, or that the Development Property shall be suitable for the .Developer's purposes or needs. Section 2.2. Representations.and Warranties of the Developer The Developer makes the following representations and warranties: (1) The Developer has power to enter into this Agreement and to perform its obligations hereunder and is not in violation of the laws of the State. (2) The Developer will cause the Project to be installed in accordance with the terms of this Agreement, the Development Program, and all-local, state and federal laws and regulations (including, but not limited to, environmental, Zoning, energy conservation, building code and public health laws and regulations) . 242021 13 (3) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4 The Developer will use its best cause'to be obtained, in a timely manner, licenses and approvals, and will meet, in requirements of all applicable local, sta regulations which must be obtained or met be lawfully constructed. e f forts to obta in , or all required permits, a timely manner, all te, and federal laws and before the Project may (5) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. (7) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. (8) The construction of and, barring Unavoidable substantially completed by (9) The construction of Phase II is expected to commence on and barring Unavoidable Delays, the Project is expected to be substantially completed by (10) The Developer shall notify the city prior to commencement of Phase II of its intent to construct Phase II and request the City to certify the net tax capacity of the Tax Increment District relating to Phase II; provided that the City shall have no obligation to certify Phase II if not notified by May 24, 1995 by the Developer. The Developer shall incur no liability under this Agreement if Phase II is not constructed provided the City has not requested the certification of the net 242021 Phase I will commence on July Delays, the Project will be 14 original tax capacity of the Tax Increment District relating to the Phase II Project, 242021 15 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1. band Acauisition Site Improvements The parties agree that the Site Improvements to be constructed b the successful completion of the Developer are essential to the y Project. The costs of the Site Improvements, which shall include engineering and all other costs directly related to the making of the Site Improvements relating to Phase I are estimated to be at least $ and the Site Improvements relating to Phase II are estimated to be at least $ c The costs of the. acquisition of the Development Property, Site Improvements Y p and Legal and Administrative Expenses shall be paid b the Developer, The City hall reimburse y P y mburse the Developer for the lesser of $ , or the Site - Improvement. costs, the cost of the acquisition of the Development Property relating P y g to Phase Land Legal and Administrative Expenses actually incurred and aid b er as further provided P y the Developer p ided in Section 3.2 hereof. The City shall reimburse the Developer for the lesser of $ or the Site Improvement costs, the cost of the Develo ment Property relating to Phase p P Y g e II, and Legal and Administrative Expenses actually incurred and paid by the Developer as further provided in section 392 hereof. Section 3.2. Reimbursement: Tax Increment Revenue Note The City shall reimburse the payments made by the Developer under Section 3.1 for costs of the P Site Improvements through the .issuance of the City's Tax Increment Revenue Note in substantially the form attached to this Agreement as Exhibit g C subject to the following conditions: (1) A separate Note shall be issued for Phase I and Phase II. it is the intent of the parties to reimburse the er Develop from Tax Increments fora e k P period of 14 years of Tax Increments collections with the final k year of Tax Increment a able p y to the Developer after the City has reimbursed itself for c improvements li rovements direct p P directly related to the Project, together with interest at the rate of $ (2) The Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the City that the construction of the Site Improvements has been completed for the respective P hase and that the Developer has incurred and paid all costs of the land expansion, Site Improvements and Legal and Administrative Expenses, as described in and limited 1by Section 3.1. 242021 16 (3) The unpaid principal amount of the Note shall bear simple, non - compounded interest from the date of issuance of the Note, at 9.00% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. (4} The principal amounts of the Note and the interest thereon shall be payable solely from the Tax Increments. ( The payment dates of the Note shall be the Note Payment Dates. The Developer shall submit a statement to the City on or before each January 1 and July 1, commencing on July 1, 1995 (for Phase I) and the July 1 to a determined for Phase II, setting forth the principal amount of the Note and the accrued interest thereon due on the following February 1 or August 1 as appropriate, shall - include with the statement a Compliance Certificate covering a period commencing on January 1 of the immediately preceding calendar year and ending no later than December 1 of the same year or June 1 of the current year (whichever is the most recent date prior to submission of the statement ) , and executed by the Company. On each Note Payment Date and subject to the provisions of the Note, the City shall pay, against the principal and interest then due on the Note, 100% of any Tax Increments received by the City during the preceding 6 months. All such payments shall first be applied to accrued and unpaid interest on the Note and then to principal of the Note. (6) Notwithstanding anything herein in the Note to the contrary, the City shall be under no obligation to apply or a p Y the Tax Increments to the payment of the Note any earlier than 30 days after it has received the Developer's statement required by paragraph (4) above. Any interest - accruing on Tax Increments held by the City pending the Note Payment Dates or receipt of such statement from the Developer shall accrue to the benefit of the City. (7) The Note shall be a special and limited obligation of the City and not a general obligation of the City, and only Tax Increments shall be used to pay the principal of and interest on the Note. If, on any Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be p aid if and to the extent that on a future Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the Note. (8) The City's obligation to make payments on the Note on any Note Payment Date or any date thereafter shall be conditioned 242021 17 upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and (B) this Agreement shall not have been rescinded pursuant to Section 4.2(b). .(9) The Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit C. In the event of any conflict between the terms of the Note and the terms of this Section 3.2 the terms of the Note shall govern. The issuance of the Note pursuant and subject to the terms of this Agreement, and the taking by the City of such additional actions as bond counsel for the Note may require in connection therewith, are hereby authorized and approved by the City. Section 3.3. Compliance With Low and Mod. rate.Income Requ, rrements The Developer covenants that in excess of eighty percent (80%) of the "fair market value" (as defined in Section 469.174, Subdivision 11, of the Act) of the Project will at all times be occupied by persons of "low and moderate income" (as defined in the Tax Increment Financing. Plan) and that it will establish such monitoring procedures with respect to applicants for and occupants of dwelling units in the Project as the City may reasonably require to assure compliance with this requirement. 242021 IN ARTICLE IV EVENTS OF DEFAULT Section 4.1. Events of Default Defined. The following shall. be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events (a) Failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the Development Property. 1 (b) Failure by the Developer to cause the installation of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement. (c) Failure of the Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (d) The holder of any.mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (e) If the Developer shall (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, 242021 19 shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. (E) if the Developer is in default under the Loan Agreement between the City and the Developer relating to the $280,000 Home Grant Loan, Section 4.2. Remedies on Default Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the city, as specified below, may take any one or more of the following actions after the giving of thirty (30) days' written. notice to the Developer, but only if the Event of Default has not been cured within said thirty (30) days: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (b) The City may cancel and rescind the Agreement. (c) The City may take any action, .including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3.* No ,Remedy Exclusive No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4. No Implied Waiver contained in this Agreement should be thereafter waived by any other party, limited to the particular breach so w, deemed to waive any other concurrent, breach hereunder. In the event any agreement breached by any party and such waiver shall be aived and shall not be previous or subsequent 242021 20 Section 495* Agre.ement t Pay-Attorney's Fees and ExV en,ses Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City -the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 4.6 . Indemnification of Authority and , City_ (1) The Developer, releases from and covenants and agrees that the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter,, for purposes of this Section, collectively the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project, provided that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not contemplated by this Agreement. (2) Except for any willful misrepresentation or any willful for wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by.the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement but shall, in any event and,without regard -to any fault on the part of the city, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Project causing the Tax Increment District to not qualify or cease to qualify as a "housing district" under Section 469.174, Subdivision 11, of the Act or to violate limitations as to the use of Tax Increments as set forth in Section 469.176, Subdivision 4d. 242021 21 (3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. 242021 22 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT Section 5.1 The Developer's Option to ,Terminate This Agreement may be terminated by Developer, if (i) the Develo p er is in compliance with all material terms of this Agreement and no Event of Default has occurred; and (ii) the City fails to comply with any material term of this • i Agreement, and after written g notice by the Developer, of such failure, the City has failed to cure such noncompliance within ninety (90). da s of receipt of Y p such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days, of receipt of such notice, , the City has not provided assurances, reasonably satisfactory to the Developer, that such noncompliance will be cured as soon as reasonably possible. Section 5.2 Action to Terminate Termination of this Agreement pursuant to Section 5.1 must be accomplished by written notification by the Developer toIthe City ithin thirty 30 Y Y C ) days after the date when such option to terminate may first be exercised A failure by the Developer to terminate this Agreement within such period constitutes a waiver by the Developer of its rights to terminate this Agreement due to such occurrence or event. Section 5.3 Effect of Termination If this Agreement is terminated pursuant to this Article VI this Agreement shall 1 be from such date forward null and void and of no further effect; provided, however, the termination of this Agreement shall g not affect the rights of either party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by the other art or to recover am party, amounts which had accrued and become due and payable as of the date of such termination. Upon termination of this Agreement g pursuant to this Article V, the Developer shall be free to proceed with the Project at its own expense and without regard to the provisions of this Agreement; provided, however, that the City shall.have no further obligations to the Developer with g p respect to reimbursement of the expenses set forth in Section 3.2. 242021 23 ARTICLE VI ADDITIONAL PROVISIONS Section 6.1. Restrictions on Use The Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof, that .,the Developer and such successors and assigns shall operate, or cause to be operated, the Project as a multifamily housing facility for the elderly and shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 6.2 . Conflicts of Interest . No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement.' Section 6.3. Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 6.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of the Developer is addressed to or delivered personally to: Carefree Cottages of Maplewood Limited Partnership 242021 24 (b) in the case of the City is addressed to or delivered personally to the City at: City of Maplewood 1830 E. County Road 8 Maplewood, Minnesota 55109 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 6.5. Counterparts This Agreement may be executed in any number of counterparts, each of which shall constitute one and the.same instrument. Section 6.6. Law Governing This Agreement will be governed and construed in accordance with the laws of the State. Section 6.7. Expiration This Agreement shall expire on February 1, �, unless earlier terminated or rescinded in accordance with its terms. Section 6.8. Provisions Surviving Rescission„ r Expiration .... Sections 4.5 and 4.6 survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. 242021 25 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly ffixed, and the Developer has caused this Y Agreement to be duly executed in its name and on its behalf on or as of the date first above written. THE CITY OF MAPLEWOOD 8y Its Mayor 8y Its City Clerk This is a. signature page to the Development Agreement dated as of , 1993 by and between the City of Maplewood and Carefree Cottages of Maplewood Limited Partnership. 242021 26 CAREFREE COTTAGE OF MAPLEWOOD LIMITED PARTNERSHIP By Its general partner This is a page to the Development Agreement dated , 1993, by and.between the City of Maplewood Carefree Cottages of Maplewood Limited Partnership. 242021 as of and 27 STATE OF MINNESOTA ): ss COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of 1993, by and the Mayor and the City Clerk, respectively, of the City of Maplewood, Minnesota, a Minnesota municipal corporation. Notary Public 242021 28 STATE OF MINNESOTA COUNTY OF ss The foregoing instrument was acknowledged be day of g fore me this ----- Y , 19 9 3 , by the general partner of Carefree Cottages of Ma lewood Lima' a Minnesota P Limited Partnership, a limited partnership. Notary Public 242021 29 EXHIBIT A Legal Description of Tax Increment District 242021 0 EXHIBIT B Legal Description of Development Property PHASE I [insert legal description] PHASE II [insert legal description] It 242021 31 EXHIBIT C FORM OF TAX INCREMENT NOTE No . R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY IN AND FOR THE CITY OF MAPLEWOOD 5 TAX INCREMENT REVENUE NOTE OF 199 (CAREFREE COTTAGES OF MAPLEWOOD PHASE- _ PROJECT) The City of Maplewood, Minnesota (the "City "), hereby acknowledges itself to be indebted and, for value received hereby promises to pay the amounts hereinafter described the Payment Amounts") to Carefree Cottages of Maplewood Limited Partnership, or its registered assigns (the "Registered Owner") but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time 'to time the principal amount stated above as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the terms hereof; provided t hat the sum of p the principal amount listed above shall in no event exceed $ as provided in that certain Development Agreement, p g , dated as of June 28, 1993, as the same may be amended from time to (time (the "Development Agreement") , b and between the City y of Roseville, Minnesota (the "City"), and Carefree Cottages of Maplewood Limited Partnership (the aid "Company"). The unpaid p principal amount hereof shall bear interest from the date of this Note at the simple, non - compounded rate of nine ercent P (9.00%) per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The amounts due under this Note shall be payable on August 1, 199_, and on each February 1 and August 1 thereafter to and including February 1, 200_, as determined in the Development Agreement under the definition of Note Payment Date, or, if the first should not be a Business Da (as defined in the Y Development Agreement) the next succeeding Business Day (the "Payment Dates ") , provided, that such Payment Date shall be automatically extended if and to the extent required to relieve the City f any Y Y obligation to pay any Payment Amount any earlier than 30 days Y 242021 32 after it has received the statement and Compliance Certificate required under Section 3.2(4) of the Development Agreement. On each Payment Date the City shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the City preceding such Payment Date an amount equal to the sum of 100% of the Tax Increments (hereinafter defined) received by the City durin g the six month period preceding such Payment Date. All payments made by the City under this Note shall first be applied to accrued interest and then to principal,, The Payment Amounts due hereon shall be payable solely -from tax increments (the "Tax Increments ") from the City's Housing District No. 1 -4 and Housing District No. 1 -5 (collectively, the "Tax Increment District ") within its Municipal Development District No. 1 which are paid to the City and which the City is entitled to retain pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.179, as the same may be amended or supplemented from time to time (the "Tax Increment Act ") . This Note shall terminate and be of no further force and effect following the last Payment Date defined above, on any date upon which the City shall have terminated the Development Agreement under Section 4.2(b) thereof or the Developer shall have terminated the Development Agreement under Article V thereof, or on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The City makes no representation or covenant, express or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The City's payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Development Agreement shall have occurred and be continuing at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable, without interest accruing thereon in the meantime, if said Event of Default shall thereafter have been cured; and, further, if pursuant to the occurrence of an Event of Default under the Development Agreement the City elects to cancel and rescind the Development Agreement, the City shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Agreement, including without limitation Section 3.2 thereof, for a fuller statement of the rights and obligations of the City to pay the principal of this Note and the interest thereon, and said provisions are hereby incorporated into this Note as though set out in full herein. 24202'1 33 This Note is a special, limited revenue obligation and not a general obligation of the City and is payable by the City only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the City of Maplewood, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of or interest on this Note and no property or other as of the City, save and except the above - referenced Tax Increments, is or shall be a source of payment of the City's obligations hereunder. This Note is issued by the City in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act. This Note may be assigned only with the consent of the City. In order to assign the Note, the assignee shall surrender the same to the City either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the City. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, condi- tions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation thereon. IN WITNESS WHEREOF, City of Maplewood, Minnesota, by its City Council, has caused this Note to be executed by the manual signatures of its Mayor and City Clerk and has caused this Note to be issued on and dated , 199_. City Clerk Mayor 242021 34 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on , 199 was on said date registered in, the name of Carefree Cottages of Maplewood Limited Partnership, and that, at the request. of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as.indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF DATE OF .REGISTERED OWNER REGISTRATION Carefree Cottages of Maplewood Limited Partnership 90.1 Southwest Maplewood Ave Maplewood, MN 56201 242021 SIGNATURE OF CITY CLERK 35 EXHIBIT D SITE IMPROVEMENTS 242021 36 EXHIBIT E COMPLIANCE CERTIFICATE The undersigned of Carefree Cottages of Maplewood Limited Partnership, a Minnesota limited partnership does hereby certify that as of. the date of this Certificate not less than 50% of the residential units in the Carefree Cottages of Maplewood Limited Partnership housing project are occupied by .individuals whose income is 80 %.or less of area median gross ,income and in excess of 80% of the "fair market value" (as- defined in.Minnesota Statutes, Section 469.174, Subdivision 11, of the Carefree Cottages of Maplewood Limited Partnership housing project is occupied . by . persons of low and moderate income. Dated this day of , 19_ . By its 242021 37 LOAN AGREEMENT THIS AGREEMENT, MADE THIS day of , 1993, between Carefree Cottages of Maplewood Limited Partnership, a Minnesota limited partnership ( "Borrower ") and the City of Maplewood, a political subdivision ( "Lender ") (sometimes referred to as the "Parties" or a "Party") , WITNESSETH: WHEREAS, Borrower has applied to Lender for a loan of $279,000.00, the proceeds of which are to be used solely for the acquisition of certain real property which is to be used for the construction of affordable elderly rental housing pursuant to the eli g ibility requirements of the HOME Investment Partnership Act, Title II of the Cranston- Gonzalez National Affordable Housing Act, PUB. Law No. 101 - 625, 42 USCA, Section 12701 et se g. and the federal regulations adopted pursuant thereto at 24 CFR Part 92 g �� (collectively, the HOME Investment Partnership Act an d Regulations "); and WHEREAS, Lender has entered into that certain HOME Investment Partnership Program Agreement with the County of Ramsey, as a member of the Anoka, Dakota, Ramsey and Washington Counties HOME Consortium dated as of , pursuant to which the County of Ramsey, a political subdivision of the State of Minnesota (hereinafter the "County") has agreed to loan Lender $279,,000 to finance Lender's loan to Borrower in consideration for Lenders providing rovidin various administrative services and in consideration for Lenders Agreement to include in the "Loan Documents" as defined in Section 1.10 of this Loan Agreement various provisions insuring Borrower's compliance with the provisions and requirements of the p HOME Investment Partnership Act and Regulations; and WHEREAS, Lender is willing to make such loan on the terms hereof; NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the Parties agree as follows: 1. Definitions For purposes of this loan agreement, the following terms shall have the following meanings: 1.1, "Agreement" means this Loan Agreement. 241936 38 1.2. "Borrower" means Carefree Cottages of Maplewood Limited Partnership, a Minnesota Limited Partnership. 1.3. "Closing Date" means the date hereof. 1.4. "County" means Ramsey County Minnesota. 1.5. "Financing Statement" means a UCC -1 financing statement, which Borrower executes and which is in a form suitable f or f i 1 ing in the of f ice of the Minnesota Secretar of State, describing the property subject to the Security Agreement set forth in Section 6 of the Mortgage. 1.6. "First Mortgage" means that certain combination Mortgage, Security Agreement and Fixture Financing Statement, of even date herewith, by and between Borrower, as mortgagor, and Z app National Bank, as mortgagee, which secures repayment of a mortgage loan in the original principal amount of Two Million Four Hundred Thousand and no /100 Dollars ($2,400,000). 1.7. "Improvements" means the elderly residential apartment buildings and other improvements to be constructed upon the Property. 1.8. "Lender" means the City of Maplewood, a political subdivision. 1.9. "Loan Documents" means the Agreement, Note, :Mortgage, and Financing Statement. 1.10. "Mortgage" means a recordable, Statutory Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement, in a form acceptable to Lender, which Borrower executes in favor of Lender to secure Borrower's obligations under this Agreement and the Note. 1.11. "Note" means a $279,000.00 Promissory note, in a form acceptable to Lender, which Borrower, as maker, executes and makes payable to the order of Lender. 1.12. "Permitted Encumbrances" means those encumbrances described on the attached Exhibit B. 1.13. "Project" means the Property and the Improvements which Borrower will construct thereon. 1.14. "Property" means the real property located in the County of Ramsey, State of Minnesota which is legally described on the attached Exhibit A. 1.15. "Title" means 241936 39 In addition, other terms will be defined in various sections of this Agreement and have the meaning given therein. 2. Documents Delivered Herewith Before or contemporaneously with the execution of this Agreement, Borrower shall deliver the following documents and /or instruments to Lender: 2.1. The Note. 2.2. The Mortgage, 293. The Financing Statement. 264. Title's commitment to issue Lender a Mortgagee's policy of title insurance in the amount of $279,000.00 (the "Title Commitment "). The commitment shall be "marked up" to show: (a) that Borrower has paid, on Lender's behalf, all premiums, charges and fees due to Title; (b) that the effective date of the Commitment is the Closing Date; (c) that all requirements set forth in Schedule B -I of the Title Commitment have been satisfied; (d) that all exceptions to coverage described on Schedule B -II of the Title Commitment, except for exceptions describing Permitted Encumbrances, will be deleted from the policy of title insurance. issued pursuant to the Commitment; and (e) commits Title Company to issue the final policy with a Form 100 Endorsement. 2.5 . A registered land surveyor's survey of the Property which .certifies to Title Company, Lender and Borrower that the survey is in accordance with the "Minimum Standard Detail Re- quirements for ALTA /AGSM Land Title Surveys ", together with a site plan showing the location of the Improvements. The survey shall use a legal description conforming to the legal description contained in the Commitment for Mortgagee's Policy of Title Insurance and the Mortgage, detail all easements, encroachments, and utility rights of way upon the Property; and show the location of adjoining public streets so as to affirmatively show rights of ingress and egress to and from the Property. 241936 40 2.6. A Current UCC Secured Transactions Search and State and Federal Tax Lien Search with the Minnesota Secretary of State indicating the Improvements are free and clear of security interests and that there are no state or federal tax liens filed against Borrower. 2.7 . A certified copy of Borrower's Certificate of Limited Partnership and Partnership Agreement. 2.8 . A certificate of Good Standing for Borrower from the Minnesota Secretary of State. 2.9. Partnership Resolution of Borrower, executed by the Borrower's general partners, authorizing this transaction and designating the parties authorized to execute all relevant documents on behalf of the Borrower. 2e10* Opinion of Borrower's legal counsel regarding the Borrower and Borrower's General Partner and this transaction in a form satisfactory to Lender. 2.11. A "Phase I" Environmental Assessment of the Property from a consultant acceptable to Lender and in a form and substance acceptable to Lender in its sole discretion. For purposes of this transaction "Hazardous Substance" shall mean any substance designated pursuant to the Clean dater Act, Title 33 U.S.C. Section 1321, any element, compound, mixture, solution or substance designated pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. Section 9601, et seq., any hazardous waste having the characteristics identified under or listed pursuant to the Solid Waste Disposal Act, Title 42, U.S.C. Section 6921, any toxic pollutant listed under Section 307 (a) of the Clean Water Act, Title 33 U.S.C. Section 1317(a), any hazardous air pollutant listed under Section 112 of the Clean Air Act, Title 42 U.S.C. Section 7412, any imminently hazardous chemical substance or mixture with respect to which the Administrator of the Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act, Title 15 U..S.C. Section 2606 and any "Hazardous Waste ", "Hazardous Substance ", "Pollutant or Contaminant" as defined in the Minnesota Environmental Response and Liability Act, Minnesota Statutes, Section 115B.02. The term also includes, but is not limited to polycholorinated biphenyis, asbestos, urea formaldehyde or related substances. 2.12. Evidence, satisfactory to Lender, that Borrower has in place a policy or policies of insurance that provide: 241936 41 a. During the period of construction, "all risk" Builder's Risk Insurance, in a completed value form and in an amount not lees than the full replacement cost of the Improvements. The policy providing Builder's Risk Insurance shall name Borrower and the Contractor as co- insureds, shall name Lender as a mortgagee in accordance with the so- called "standard mortgagee clause" , shall not contain or shall delete by endorsement any co- insurance provisions. b. "All risk" property insurance in amounts not less than the full replacement cost of the Improvements but in no event in amounts. less than the unpaid principal balance on the Note . Such property. insurance and boiler and machinery insurance policies shall name Lender as a mortgagee in accordance with the so- called "standard mortgagee clause "; and shall be endorsed to: i, remove any and all co- insurance provisions or requirements from the policy; and ii* provide affirmative coverage for rental income lost as a result of an occurrence of a covered cause of loss for up to 6 months. c. Liability Insurance equivalent to the insurance provided under the Insurance Services Office, Inc. 1986 Commercial General Liability Coverage Form. Such insurance shall be on an occurrence basis, and Borrower shall maintain, at all times, coverage limits of not less than $1,000,000.00 per occurrence. The following coverages must be specif ically insured and certif ied with no internal sublimits. Premises and operations; Independent contractor's contingent liability or owner's protective liability; (iii) Products /completed operations; (iv) Products /contractual liability coverage written to specifically cover this contract or on a blanket basis; (v) Personal injury liability including claims related to employment and coverages a -c; (vi) Broad form property damage liability, or deletion of the "care, custody and the control exclusion ". 241936 42 The policy of liability insurance shall name the County and the Lender, their officials and employees, as additional insureds with a cross - liability endorsement. d. Flood Insurance covering the Property and Improvements in the maximum amount available. Such Flood Insurance shall name Lender as an additional insured. Flood Insurance may be omitted upon Borrower's delivery to Lender of proof, satisfactory to Lender, that the Property and Improvements are not located within a designated flood plain. e. Endorsements requiring the insurer to give Lender thirty (3 0) days' written notice of any termination, cancellation, non- renewal or material change in the coverage provided by all such policy or policies. The company or companies providing such insurance shall be financially responsible insurers licensed to do business in Minnesota and shall have a current A. M. Best Company rating of A -,VII or better. 2.13. A Declaration of Covenants and Restrictions obligating the Borrower, its successors and assigns, to comply with the covenants set forth in Section 5.21 below. The Declaration of Covenants and Restrictions shall grant the ,County and the RLDC the right to seek specific performance of the Covenants and - Restrictions in the event Borrower or its successors or assigns default in the performance of their obligations under the Declaration of Covenants and Restrictions and to recover actual attorneys fees and costs incurred in any such action for a specific performance. Borrower shall obtain the consents to the Declaration of Covenants and Restrictions from the mortgagee under the First Mortgage and any other parties with an interest in the property. 2.14. Evidence of Borrower's payment of all costs in connection with this transaction, including mortgage registration tax, recording fees, the cost of preparing the mortgagee's title insurance commitment, the premium for a mortgagee's policy of title insurance and the title insurer's fees for conducting an insured closing. 2.15. The certification set forth in Appendix B of 24 CFR Part 24, 3. Representations and Warranties To induce Lender to enter into this Loan Agreement, Borrower makes the following representations and warranties to Lender: 241936 43 3.1. Borrower has full power, right and authority to execute and deliver this Agreement, the Note , the Mortgage and the other documents which this. Agreement requires, to borrow the funds described in Section 4 and to perform and observe each and all of the matters and things provided for in the Loan Documents, 3.2. Borrower is the owner of the Property in fee simple, and of all personal property described in the Mortgage and has no knowledge of any recorded or unrecorded claims, liens, or encumbrances against the Property or the personal property described in the Mortgage except for Permitted Encumbrances described on Exhibit B and Junior Encumbrances described on Exhibit C. 3.3. The Property does not violate any federal, state or local law, ordinance or regulation. 3.4. There are no actions, suits or proceedings pending, at law or in equity, or to the knowledge of Borrower threatened, against or affecting it or the Property, or involving the validity or enforceability of the Mortgage or the priority of the lien of the Mortgage and Borrower is not in default with respect to any order, writ, injunction, decree or demand of any court or any governmental authority. 3.5. The consummation of this transaction and performance of Borrower's obligations under the Loan Documents will not result in any breach of, or constitute a default under, any mortgage, deed of trust, lease, bank loan or credit agreement, partnership agreement or other instrument which affects Borrower, or to which Borrower is a party. 3.6. No Event of Default (as defined in Section 7 of this Agreement) has occurred and is continuing as of the date hereof and no event has occurred and is continuing which would be an Event of Default were it not for any grace period specified in section 7. 3.7. To the best of Borrower's knowledge, the Project is free of Hazardous Substances and is not subject to any "Super Fund" type liens or claims by governmental regulatory agencies or other thirty - parties arising from the release or threatened release of Hazardous Substances in, on or about the Property. Seller also represents and warrants it has not used the Property in connection with the generation disposal storage treatment or transportation of Hazardous Substances and that the Property will not be so used during the term of this agreement by Borrower, its agents, tenants or assigns. 241936 44 3.8. Borrower has obtained all of the insurance described in Section 2.15 and such policies of insurance are in full force and effect as of the date of this Agreement. 3.9. No federal appropriated funds have been paid or will be paid by, or on behalf of, Borrower to any person for influencing or tempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the wording of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement. .and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement, If any funds other than federal appropriated funds have been paid or will be. paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress , or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agree - ment, Borrower shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. Borrower shall include the language with this certification in all subcontracts. 4. Commitment of Lender an d _Agreement to Borrow 4.1. Subject to the terms and conditions of the Loan Documents, Lender agrees to loan to Borrower and Borrower agrees to borrow from Lender Two Hundred Seventy Nine Thousand and 00 /100 Dollars ($279,000.00) which Lender shall disburse to Borrower upon Lender's receipt of $278,000.00 in Federal HOME Loan Funds from Ramsey County and $ on the date that Borrower notifies Lender, in writing, that Borrower will complete the project within 60 days provided, however, that Lender shall have no obligation to disburse such funds if, at the time of disbursement, Borrower is in default under the terms of this Agreement or the Mortgage or the County has terminated the HOME Investment Partnership Program Agreement between the County and Lender. 5. Affirmative Covenants To further induce Lender to make the requested loan, Borrower hereby covenants and agrees that it shall: 5.14 At all times, maintain insurance policies in the manner set forth in Section 2.15; require its general contractor to carry insurance as described in Sections 2.15(c) (except that coverage amounts may be reduced to $500,000.00 per occurrence and $1,000,000 aggregate for Bodily Injury or Death, may be reduced to $250,000.00 per occurrence and $250,000.00 aggregate for Property Damage, may be reduced to 241936 45 $250,000.00 per occurrence for Bodily Injury and $250,000.00 .per occurrence and aggregate for Property Damage under the Contractual Liability provisions of the Policy, shall be maintained at $1,000,000.00 for Personal Injury (with employment exclusion deleted, if applicable) and the policy shall be endorsed to provide that aggregates apply only to the Project; Worker's Compensation Insurance as required by statute; Employers Liability Insurance with minimum coverages of $500,000.00 per accident or an appropriate waiver; automobile liability (owned, non - owned, hired, as appropriate) with combined single limit coverage of at least $600,000.00; and Borrower shall require all subcontractors providing services for the Project to obtain and maintain- workers compensation insurance as required by law and liability insurance in amounts which Borrower's general contractor deems sufficient. Borrower shall furnish Lender with evidence of such insurance, in a form reasonably satisfactory to Lender, as Lender shall reasonably request. 5.2. Promptly pay and discharge all taxes, assessments and other governmental charges imposed upon it or upon its .income and profits or upon the Property, -and any and all claims for labor, material or supplies or rental charges or charges of any other kind which, if unpaid, might by law become a lien or charge upon the Property, provided, however, that Borrower shall not be required to pay any such tax, assessment, charge or claim, if Borrower is contesting the validity of such matters, in good faith, through appropriate proceedings, and Borrower sets aside on its books adequate reserves the payment of such claims. 5.3. Maintain the Project in good repair, working order and condition and from time to time make or cause to be made all necessary renewals, replacements and repairs so that at all times Borrower's business can be conducted efficiently. 5.4. Keep true and complete and accurate books of record and account in accordance with sound accounting principles, and allow Lender upon Lender's request to examine and take extracts from the books and records of Borrower, and submit to Lender, within six months of the close of Borrower's fiscal year, annual certif ied f inanei.al and compliance audits made in accordance with 24 CFR Part 44 and OMB Circular A -133. The financial and compliance audits shall be prepared by an independent auditor who meets the independence standards specified in the General Accounting Office's yellow book, Government Auditing Standards. 5.5. Conduct the same general type of business as it presently conducts; maintain its existence, and continue its compliance with all valid, applicable statutes, laws, rules and regulations. 241936 46 5.6. Permit any person that Lender or the County designates, at Lender's or County's expense, to visit and inspect the Project, corporate books and financial records and documents of Borrower and to discuss their affairs, finances and accounts with the principal officers of Borrower, all at such reasonable times and as often as Lender may reasonably request during the term of this Agreement and for a period of three years after the satisfaction of this Agreement. 5.7. Acquire title to the Property on or before the date of this Agreement; commence construction of the Improvements on or before , and complete construction of the Improvements within 13 months from the date of this Agreement. 5.8. Comply with all applicable requirements of the HOME Investment Partnership Act and Regulations. 5.9. Not knowingly allow any person who exercises any functions or responsibilities in connection with the federal HOME Program at the federal, county or city level to have any financial interest, direct or indirect in this contract, and Borrower shall not acquire or hold any interest direct or indirect, which would conflict in any manner or degree with the performance of its obligations under this Agreement. Borrower further covenants that in the performance of its obligations under this Agreement, no person having any .conflicting interest shall be employed. 5.10. Include .in all contracts and subcontracts for construction or repair of the Improvements a provision for compliance with Copeland "Anti- kickback" Act, 18 U.S.C. S 874, as amended, and as supplemented in Department of Labor Regulations, 29 CFR part 3.- This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person, employed in the construction, completion or repair of public work, to give up any part of the compensation to which the person is otherwise entitled. 5.11. Comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap, or any other basis now or hereafter prohibited by law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974, as amended; Civil Right's Act of 1964, Title VI, as amended; Civil Right's Act of 1968, Title VIII, as amended; Executive Order 11063, as amended; Executive Order 11246, as amended; Section 3 of the Housing and Urban Development Act of 1968, as amended; and Section 504 of the Rehabilitation Act of 1973, as amended, and implementing regulations at 24 CFR part S. Specifically, Borrower shall comply with the requirements of 24 CFR § 9293500 241936 47 5.12. Include in all solicitations for work on the Project, a statement that all qualified applicants will be considered for employment. The words "Equal Opportunity Employer" in advertisements shall constitute compliance with this section. 5.13. Not discriminate, or allow any contractor, subcontractor, union or vender engaged in any activity connection with the Project to discriminate against any .employee or applicant for employment in connection with the Project because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is -.a bona fide occupational limitation. Such action shall include, but not be limited to, the following: upgrading, demotion or transfer, recruitment or recruitment advertising, lay -off or termination, rate of pay or other forms of compensation, and selection for training. (Executive Order 11246, as amended.) All f firms and organizations described above shall be required to submit to the RLDC Certif icates of Compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided that certificates in compliance shall not be required from firms and organizations on contracts and /or yearly sales of less than $10,,000. 5.14. To the greatest extent feasible, provide training and employment opportunities for lower income residents within the area served by the Projects in accordance with the requirements of the Ramsey County Section 3 plan. The County's Section 3 clause is attached hereto as Exhibit C and is included herein by reference. 5.15. To the greatest extent feasible,, purchase supplies and services for activities relating to the construction of the Project from vendors and contractors whose businesses are located in the area served by the HOME Program or owned in substantial part by Project area residents. 5.16. Make efforts to encourage the use of minority and women's business enterprises in connection with HOME funded activities in accordance with the Ramsey County Targeted Vendor Development Program, Resolution No. 90 -621, as amended, and 24 CFR S 92.350(a)(4) at (2). 5.17. Construct the Project to meet, at a minimum, the Housing Quality Standards of 24 CFR §882.109 and meet all applicable local codes, rehabilitation standards, ordinances and zoning ordinances. 5.18. Construct the Project to comply with the requirements of the current edition of the Model Energy Code published by the Counsel of American Building Officials. 241936 48 5.19. Construct and maintain in each building in the Project affordable housing units which meet the criteria established in 24 CFR 592.2520 5.20. Construct and maintain at least 51% of the space in the Project as residential living space and maintain residential living space in each building in the Project. 5.21. Maintain each apartment unit in the Project in compliance with the affordability requirements set forth below for a period of 20 years from the date of completion of the Improvements: . a. Rents for units in the , Project may not exceed the lesser of the HUD fair market rent established in 24 CFR S888.111 or an amount equal to 30% of the adjusted income of a family whose gross income equals 65% of the area median income, less a monthly allowance for any utilities and services (excluding telephone. b. Not less than twenty percent of the units in the Project must be occupied by tenants whose income is below 50% of the area median income and who pay not more than 30% of their family income for rent, or tenants whose income is below 50% of the area median income and who pay rent which is not greater than 30% of the gross income of a family whose income equals 50% of the area median income, less a monthly allowance for utilities and services (exclusive of telephone) established utility allowance. C. The Project may be occupied only by households that qualify as "low income families" as defined in 24 CFR 592.2. d. Units in the Proj ect may not be refused for leasing to a holder of a certificate for family participation under 24 CFR Part 882, or a rental voucher under 24 CFR Part 887, or to the holder of a comparable document evidencing participation in a HOME tenant based assistance program because of the status of the prospective tenant as a holder of such a certificate. e. Borrower shall record in the Ramsey County Land records the Declaration of Covenants and Restrictions described at Section 2.16 to ensure that the Project shall continue to satisfy the affordability .requirements of this Section 5.21 for twenty years after Project completion, without regard to the Borrower's satisfaction of Borrower's obligations under this Agreement, the Note and the Mortgage or Borrower's transfer of ownership of the Prod ect . To evidence the completion of the Project, 241936 49 Lender, Borrower and the County shall, upon Borrower's completion of construction of the Improvements, execute and record an amendment to the Declaration which establishes the date of completion. Notwithstanding the above, the Declaration of Covenants and Restrictions may provide that the Property need not continue to satisfy the affordability requirements of this Section 5.21 subsequent to a foreclosure of the First Mortgage or a transfer in lieu of foreclose of the First Mortgage provided that in any transfer in lieu of foreclosure of the First Mortgage, Lender is afforded rights equivalent to the redemption rights which Lender would have in the event of a foreclosure of the First Mortgage so that Lender may, at its option, avoid termination of low income affordability and provided further that the foreclosure of the First Mortgage or transfer in lieu of foreclosure is not .for the purpose of avoiding low income affordability. f. Rental housing qualifies as affordable housing despite a temporary non- compliance with these restrictions if due to increases in tenant income, if all vacancies are being filled in accordance with these requirements until the non- compliance is corrected. g. [insert elderly provisions] 5.22. On at least an annual basis, provide Lender with current information regarding the income of each tenant household living in a HOME unit. If . Lender approves a recalculation of the maximum monthly rent, any resulting increase in rent for lower income units is subject to the provision of outstanding leases, and, in any event, tenants in HOME units shall be given not less than 30 days prior written notice of any rent increase. 5.23. Provide a term of not less than one year in all leases between Borrower and Project tenants, unless a shorter term is established by express mutual agreement between Borrower and the tenant, and ensure that leases with Project tenants do not contain any of the provisions enumerated at 24 CFR 592.2530 5.24. Take all reasonable steps to minimize the displacement of persons (families, individuals, businesses, non - profit organizations, and farms) as a result of the Project. Any acquisition of real property for any activity assisted under this Agreement which results in the displace- ment of persons, businesses, non - profit organizat ions or farms shall comply with Title III of the Federal Uniform Real Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) , 42 241936 50 U. S. C. S42.01-4655 and the Regulations at 24 CFR Part 42 and 49 CFR Part 24, 5.25. Meet the historic preservation requirements of Public Law 89 -6.65 and the Archeological and Historic Preservation Act of 1974 (Pub, L . 93-291) and Executive Order 11593, including the procedures described by the Advisory Council on Historic Preservation and property listed in or f ound to be eligible for inclusion in the National Register of Historic Places- will be subject to the requirements of - 24 CFR Part 58, 5.26. Comply with the design requirements of the Architectural Barriers Act of 1968 (42 U.S.C. §4151) in construction of the Improvements. 5.27. Comply with the provisions of the Clean Air Act, as amended (42 U.S.C. §1857 et seq.) and the Federal Water Pollution Control Act, amended (33 U . S . C . § § 12 51, et seq.) and the regulations issued thereunder (40 CFR Part 15). 5.28. Comply with the HUD Lead - Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. SS4831 et seq. ) requiring prohibition of the use of lead -based paint; elimination of immediate lead -based paint hazards in residential structures; ,and notification of the hazards of lead - based paint poisoning to purchasers and tenants or residents of structures constructed prior to 1978. 5.29. Erect a sign to county's specifications at the construction site identifying the county's HOME Program as a source of funding for the Project, 5.30. Comply with all applicable statutes, regulations, codes and ordinances regulating the use or storage of Hazardous Substances which Borrower stores on the Property. 5.31. Include in all news releases and public notices related to the Project information identifying the County's HOME program as a source of funds for the Project. 5.34. Use the proceeds which Lender is loaning to Borrower pursuant to Section 4.1 solely for the acquisition of the property. 6. Negative Covenants Borrower covenants and agrees that for as long as it is indebted to Lender, it will not: 6.1. Create, assume, incur or suffer to exist any pledge, mortgage, security interest, assignment or other lien or 241936 51 encumbrance of any kind, of or upon the Property, except for Permitted Encumbrances and Junior Encumbrances. 6.2. Make, or permit to exist, any loans, advances or -investments to any person, partnership or corporation, or other entity. 6.3. Merge or consolidate with or into any other entity. 6.4. Default upon any contract or fail to pay any contract or fail to pay any of its debts or obligations as the same mature. 6.5 . Generate, dispose of , use store, treat or transport Hazardous Waste Substances on, in, over or across the Property or allow Borrower's tenants to do so; provided, however, that Borrower and its tenants may use, store and transport Hazardous Substances on, over or across the Property as is reasonably necessary to the use of the Property as residential, rental property provided such use, storage and transportation complies at all times with all applicable federal, state and local statutes, codes,.regulations and ordinances. 6.6. Sell, transfer, convey, or lease (except in the ordinary course of business and except pursuant to that certain Master Lease between Borrower as Landlord and Carefree Cottages of Maplewood Cooperative as tenants) the Property or any interest in the Property during the term of this agreement. To Events of Default and Effect Thereof 7.1. If Borrower f ails to duly and punctually perf orm or violates the covenants contained herein, or in any document executed or delivered to Lender pursuant to this Agreement; or 7.2. If any financial statement, certificate, representation, or warranty furnished pursuant to or made under this Agreement proves to be materially false as of the date thereof or any representation made herein is untrue when made or becomes untrue with the passage of.time; or 7.3. If Borrower fails to pay any installment of principal or interest on the Note, or, if Borrower otherwise defaults under the terms of the Note, Mortgage, or any such other documents delivered herewith or executed pursuant to this Agreement; or 7.4. If Borrower makes a general assignment for the benefit of creditors, admits in writing its inability to pa its debts generally as they mature, files or has filed against 241936 52 it a petition in bankruptcy or a petition or answer seeking a reorganization, arrangement With creditors or other similar relief under the Federal Bankruptcy Laws or under any other applicable law of the United States of America or any state thereof , consents to the appointment of a trustee or receiver .for Borrower or for its Property; or takes any action for the purpose of effecting or consenting to any of the foregoing; or 7.5. If an order, judgment or decree shall be entered appointing, without Borrower's consent, a trustee or receiver for Borrower or a substantial part of its Property, or approving a petition filed against Borrower seeking a reorganization, arrangement with creditors or other similar relief under the Federal Bankruptcy Laws or under any other applicable law, of the United States of America or any state thereof, and such order, judgment or decree shall not be vacated or set aside or stayed within sixty (60) days from the date of entry thereof; or 7.6. If judgment for the payment of money in excess of $10, 000 * 0 0 shall be docketed against Borrower; Borrower is not contesting or appealing the judgment through appropriate judicial proceedings; and the judgment remains unsatisfied for a period of thirty (30) days after the entry thereof; then, in any such event, an "Event of Default" shall be deemed to have occurred and Lender may, at its option (in addition to Lender's rights under the Note and Mortgage, declare all amounts advanced against the Note plus interest thereon to be immediately due and payable and demand payment in full of the then principal balance plus accrued interest owing on the Note and may, but shall have no obligation to, cure any defaults under this Agreement and in-such event Borrower shall be responsible for all amounts outstanding on the Note together with all additional amounts advanced by Lender in excess of the amounts outstanding on the Note to cure said defaults. 8. Miscellaneous 8.1. All loan documents shall be prepared by or reviewed by Lender's legal counsel and all documents must be satisfactory to Lender in its sole discretion. 8.2. All representations and warranties contained herein or made in writing by or on behalf of Borrower in connection with the transactions contemplated hereby shall survive the execution and delivery of this Agreement and the advances hereunder. All statements contained in any certificate or other instrument delivered by or on behalf of Borrower pursuant thereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by Borrower. 241936 53 8.3. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. Borrower's rights hereunder are not assignable except that Borrower may assign Borrower's rights under Section 4, as security. 8.4 No amendment, change, waiver or mod if i cation of th is Agreement shall be valid unless it is in a written document which Borrower, Lender and the County sign, and Lender's waiver of any breach or default of any of Borrower's obligations, agreements or covenants under the Loan Documents shall be deemed to be a waiver of any subsequent breach of the Loan Documents, or any other obligation, agreement or covenant Lender's forbearance is pursuing or enforcing a remedy for Borrower's breach of any of the obligations set forth in the Loan Document shall not be deemed a waiver of Lender's rights and remedies with respect to such breach. 8.5. This Loan Agreement may be executed simultaneously in two or more counterparts, each of which shall be an original, but all of which shall constitute one agreement. 8.6. This Loan Agreement shall be governed by, interpreted, and construed in accordance with the laws of the State of Minnesota. 8.7. This Loan Agreement shall remain effective so long as there are any sums remaining outstanding on the Note. 8.8. This Agreement supersedes and has merged into it all prior oral and written agreements between Borrower and Lender regarding the Project. 8.9. Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, certified mail, return receipt requested, postage prepaid, and addressed as follows: If to Borrower: Carefree Cottages of Maplewood Limited Partnership If to Lender: City of Maplewood 1830 East County Road B Maplewood, MN 55109 Attention: 241936 54 With a copy to: Briggs and Morgan, P.A. 2200 First National Bank Bldg. St. Paul, Minnesota 55101 Attention: Mary L. Ippel 8.10. Borrower consents to the personal jurisdiction of the state and federal courts located in the State of Minnesota in connection with any controversy relating to this Loan Agreement, the Note, the Mortgage and any other Loan Documents related thereto, waives any argument that venue in such forum is not convenient and agrees that any litigation initiated by Borrower against Lender in connection with this Loan Agree - ment, the Note, the Mortgage and any other Loan Documents re- lated thereto shall be venued in either the district court of Ramsey County, Minnesota or in the United States District Court, District of Minnesota, Third Division. 8.11. The Lender's rights hereunder shall be fully assignable, but the Borrower's rights hereunder shall not be assignable without the written consent of Lender and the County which consent shall be in Lender's sole discretion. 8.12. By making the Loan contemplated herein, Lender does not intend to become a partner or joint venturer with Borrower in connection with the Project and Borrower agrees to indemnify and hold Lender harmless from any and all damages resulting from such a construction or alleged construction of the relationship between the parties. 90 Non- Recourse Notwithstanding any other provisions of the Note, the Mortgage, this Loan Agreement or any other document which - Borrower has executed in connection with this transaction but subject to the limitations set forth below, Borrower shall not be personally liable for payment of the indebtedness which the Note evidences and Lender's sole recourse for payment of the indebtedness which the Note evidences in the event of Borrower's failure to pay such indebtedness pursuant to the provisions of the Note shall be to exercise its rights under the Mortgage. The provisions of this Section 9 shall not affect, limit or impair: 9.1. Lender's exercise of its rights under the Mortgage; 9.2. Lender's right to seek a monetary judgment against Borrower or any other owner of the Property to extent necessary to foreclose the Mortgage by action (except that no judgment deficiency will be sought or obtained against Carefree Cottages of Maplewood Limited Partnership or its partners for payment of the indebtedness which the Note evidences; 9.3. Lender's right to enforce any other legal or equitable rights or remedies provided in the Loan Documents; 241936 55 9.4. Lender's right to seek a personal judgment against Borrower for damages which Lender incurs, exclusive of consequential damages arising solely as a result of any obligation of the RLDC to repay HOME loan funds to Ramsey County, as a result of any inaccuracies in the representations or any breach of the warranties set forth in the Loan Agreement Borrower's failure to . observe or perform any of the covenants, obligations or restrictions set forth in the Loan Agreement and the Mortgage, other the obligation to pay the indebtedness which the Note secures; 9.5. Lender's right to assert Borrower's personal liability for payment of the indebtedness which the Note evidences as a counterclaim in any action which .Borrower commences against Lender; provided, however, that in any such counterclaim the Lender may not obtain a judgement against Maker for damages in excess of the damages which Borrower recovers against the Lender; and 9.6 . Lender' s right to hold any successors or assigns of Borrower personally liable for payment of the indebtedness which the Note evidences in the event that Borrower assigns its rights and obligations under the Loan Documents in violation of the provisions of the Loan Documents, 241936 56 IN WITNESS WHEREOF, the parties hereto have caused this Loan Agreement to be executed the date and year first above written. CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP Dated: By Its general partner Signature page to Loan Agreement between Carefree Cottages of Maplewood Limited Partnership, a Minnesota limited partnership and City of Maplewood, a municipal corporation, dated , 1993. 241936 57 CITY OF MAPLEWOOD By Its Mayor By Its City Clerk. Signature page to Loan Agreement between Carefree Cottages of Maplewood Limited Partnership, a Minnesota limited partnership and . p City of Maplewood, a municipal corporation, dated , 1993. 241936 58 EXHIBIT A Property located in Ramsey county, Minnesota, legally described as: 24'1936 59 EXHIBIT B Permitted Enc, rances 241936 60 EXHIBIT C SECTION 3 PLAN A. The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing & Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Bo The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing &Urban Development set forth in 24 C. F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this .contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. Co The contractor will send to each labor organization or representative of workers with which he (sic) has a collective bargaining agreement or other contract or understanding, if any, a notice of advising the said labor organization or workers' representative of his [sic] commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing & Urban Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.P.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 241936 61 E. Compliance with. the provisions of section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal f inancial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 C.P.R. Part 135. 241936 62 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: June 28, 1993 Pursuant to due call and notice thereof, a meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at City Hall in said City on the 28th day of June, 1993 at o'clock :m: The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING A DEVELOPMENT AGREEMENT AND A LOAN AGREEMENT CAREFREE COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP AND A HOME INVESTMENT PARTNERSHIP PROGRAM AGREEMENT WITH RAMSEY COUNTY AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Council of the City of Maplewood, Minnesota (the "City ") , that the City hereby approves (i) a Development Agreement dated June 28, 1993 to be entered into with Carefree Cottages of Maplewood Limited Partnership (the "Company") relating to tax increment financing (ii) a Home Improvement Partnership Program Agreement dated as of the date of the closing of a loan between the City and Ramsey Count relating y g to a $279,000 loan to the City; and (iii) a Loan Agreement dated as of the date of closing of the loan between the City and the Company relating to a $279,000 loan to the Company and authorizes the Mayor and City Clerk to execute the Development Agreement, Home Investment Partnership Program and Loan Agreement on behalf of the City and all other necessary documents relating thereto. The motion for the adoption of the foregoing resolution was seconded by member and upon vote being taken thereon, the following voted in favor thereof; 242019 63 and the following voted against the same. Whereupon said resolution was declared duly passed and adopted. 242019 64 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my of f ice, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on. the date therein indicated, 'insofar as such minutes related to approving a Development Agreement, a Loan Agreement and a Home Investment Partnership Program Agreement and all other necessary documents relating thereto. WITNESS my hand and the seal of the City this 28th day of June, 1993. (SEAL) Clerk 242019 65 G -/ MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Tax Exempt Financing - silver Ridge Aparlmmts DATE: June 22, 1993 INTRODUCTION Action. by Council: Endorsed Modifie Rejecte Date Angeles Partners XVI is requesting that the City Council approve tax - exempt bond financing for the Silver Ridge Apartments. Angeles Partners is a California -based limited partnership. These apartments are at the corner of Stillwater Avenue and Stillwater Road. The partnership wants to refinance up to $4,525,000 of current bonds. BACKGROUND December 31, 1985: The City issued $4,800,000 of tax- exempt bonds to build the Silver Ridge Apartments. DISCUSSION This request is to refinance bonds the City previously approved. The City is not liable for this financing. The City will receive an administrative fee at the bond closing. The only problem is that the applicant has not yet submitted an application or application fee. Mary Ippel set the hearing with the understanding that the applicant would submit the application to us before the Council meeting. RECOMMENDATION If the applicant has submitted an application by the meeting, the Council should approve the attached resolution. If not, the Council should table this request until the applicant submits an application. The resolution approves up to $4,525,000 in tax - exempt financing for the Silver Ridge Apartments. go/b- 4:silver.mem (25) Attachments: 1. Location Map 2. Property Line Map 3. Resolution Attachment 1 1 31 1 1 '' � c Beover o o Lake Q CASE AV t7 • •: U v 0 J X12 (5 3 N R.22 W. AlAc __j I 0 Tonners I f/ Lake 12 LOCATION MAP 2 4 N Attachment 2 i o z� . 2•a t ..L . ''� ~. s . �, _ 3•ee• 2.00• t T — -- - - 0 2 b.l 4.4 � R-- - -- L AVE. -- — - --- tr 33 s8ac 4 4.� ° IS �. S 15j:3� 3 3 89 10 i.9 121.�SF• • °9 a••, 33 W ? Av do ID -54 T ;J5 IV + �; •• O�' 5 Ole 3 i T A �� ••- - , J u i-- - i i `. C. t �� 0 `L7 rj � G� 2 RC r �~ ♦ .1 v C 1 t of 5t. P.-..1 , '`• At :� •.3 - 090 ♦ our V ,5• b _ o L . P� 141.60 1 0340 1 1 E I,,% Ile T 5 1A 0 04% N Q A KE LUTH. CH_ _ lot o s %;. Q to n $17 9' aoo 2 • 4 050 5T 0 O r y � v�v� S �. 35 Ac. X4.3 7/ Q (2 8) 2Ac++o E i t [21� Y. 3l a..c 0 3` 43 t , V A •. y• <21 A # • I to Flawa Esmt D: j �vb sc o to 51 m 33' F-J +•1 h.. a E�..:� ; _ ZS! SL 6 8t.9 - 1 *' v LW 4 JBJ� �p�o13g t o Ioo �j 8'� l � � ^ �� 1 ��} �� � � •� � (53) C E . Ne 1 moo•+ / — r o r4. _ go 00 Ln % 1 c>s 3 o F" 7.9 w i ZZ7. 2 4 ro PROPERTY LINE /ZONING 3 MAP 4 N Attachment 3 Extract of Minutes of a Meeting of the Pages 1 - 7 City Council of the City of Maplewood, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly held at the City Hall in said City on Monday, the 28th day of June, 1993, at o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1993 AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH (SILVER RIDGE PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 242028 4 RESOLUTION AUTHORIZING THE ISSUANCE OF VARIABLE RATE DEMAND NNLTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1993 AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH (SILVER RIDGE PROJECT) BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. On December .31, 1985 the City of Maplewood, Minnesota (the "City "), issued its $ Multi Family Housing Revenue Bonds 1985 Series (Silver Ridge Project) (the "Prior Bonds ") to secure financing for the construction and equipping of 6 buildings (with clubhouse and pool) containing approximately 186 rental units, anticipated to consist of 54 one- - bedroom,units and 132 two - bedroom units, located in the southwest section of the intersection of Stillwater Road and Stillwater Avenue in the City (the "Project ") . The Council has received a proposal from Angeles Partners XVI, A Limited Partnership, a California limited partnership (the "Company ") that the City redeem the Prior Bonds through issuance by the City of�its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds, Series 1993 (the "Bonds "), in an amount not to exceed $4 and in accordance with a Remarketing Agreement (the " Remarketin �� g g g Agreement") by and among the City, the Company, Firstar Trust Company located in Milwaukee, Wisconsin (the "Trustee ") and BT Securities Corporation located in New York, New York (the "Remarketing Agent "). 29 The findings made in the preliminary resolutions of the City on July 22, 1985 and December 26, 1985 with respect to the Project are hereby ratified, affirmed and approved. 3. Pursuant to a Loan Agreement dated as of July 1, 1993, between the City as lender and the Company as borrower ( the "Loan Agreement "), the City will loan the proceeds of the Bonds to the Company to redeem the Prior Bonds. The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The City will assign its rights to the basic payments and certain other rights under the Loan Agreement to the Trustee as security for payment of the Bonds under an Indenture of Trust dated as of July 1, 1993 (the "Indenture "). To further secure the payment of the Bonds and the interest thereon and of the purchase price of any Bonds required to be purchased under the provisions of the Indenture, the Company will enter into a Reimbursement Agreement dated as of July 1, 1993 (the "Reimbursement Agreement ") with First Financial Bank, FSB (the "Bank "). The Bonds will be secured by a mortgage 242028 (2) and security interest in the Project pursuant to a First Mortgage dated as of July 1, 1993 (the "Mortgage" ) and to further secure the payment of the Bonds and the interest thereon, the Company has entered into a First Assignment of Leases and Rents dated as of July 1, 19939 The Bonds will also be secured by an irrevocable letter of credit (the "Letter of Credit") issued by the Bank in favor of the Trustee in the amount of $ ' . The Bonds will be publicly offered by the Remarketing Agent pursuant to a Preliminary Official Statement dated , 1993 (the "Preliminary official Statement "). 4. The operation and occupancy of the Project be subject to the terms and conditions of an Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants, dated as of July 1, 1993, between the City, the Trustee and the Company and recorded as covenants and restrictions running with the land on which the Project is located (the "Regulatory/Declaration Agreement"), 5. Forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement; (b) The Indenture; (c) The Letter of Credit (not executed by City); (d) The Regulatory /Declaration Agreement; (e) The Remarketing Agreement; and (f) The Preliminary Official Statement (not executed by City)* 6. It is hereby found, determined and declared that: (a) the Project described in the Indenture referred to above is authorized by Minnesota Statutes, Chapter 4 6 2 C (the "Act" ) ; (b) the purpose of the Project is, and the effect thereof will be, to promote the public welfare by providing for the continuation of a rental housing facility for assisting persons of low and moderate income within the City to obtain decent, safe and sanitary housing at rentals they can afford; (c) the .issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Regulatory /Declaration Agreement, the Indenture and the Remarketing Agreement (collectively, the "Agreements ") . and 242028 C3 the performance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Agreements and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (e) the Basic Payments under the Loan Agreement are fixed to produce revenues sufficient to provide for the prompt payment of principal of , premium, if any, interest on, and the purchase price of, the Bonds .issued under the Indenture when due, and the Loan Agreement, Regulatory /Declaration Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Pro] ect Premises (as def fined in the Indenture) and payable during the term of the Loan Agreement, Regulatory /Declaration Agreement and Indenture; and (f) under the provisions of Minnesota Statutes, Section 462C.07, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. Subject to the provisions of paragraph 10 hereof, the forms of the Agreements and exhibits thereto and all other documents described in paragraph 5 hereof are approved substantially in the form submitted with such subsequent changes 242028 (4) as may be approved by the City Clerk and Bond Counsel. The Agreements, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transaction herein described shall be executed by appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement and Indenture. 8. The City hereby finds that the information in the section of the Preliminary official Statement captioned "The Issuer" does not contain any untrue statement of a material fact or omit to state any fact which is necessary to make the statements made therein not misleading and hereby approves in substantially the form submitted to the City Council at this meeting such information for inclusion in the Preliminary. Official Statement; and the City hereby ratif ies, confirms and consents to the use of said section in the Preliminary Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Preliminary Official Statement other than the section therein captioned "Issuer ", and the City takes no responsibility for such information. 9. The Bonds shall be issued in an aggregate amount not to exceed $4,525,,000 with a variable interest rate as established in the ,Indenture. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture with the principal amount and rates established as provided in this paragraph. The Bonds shall be sold to the Bond Purchaser at a price of par plus accrued interest to the date of delivery. The Mayor and the City Clerk are I authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 10. The Mayor and City Clerk and other appropriate officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified s copies of all proceedings p p g and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such f acts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 11. The approval hereby given to the Agreements and the various other documents referred to above includes approval pP of such additional details therein as may be necessary and 242028 C5 appropriate and such modif ications thereof , deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel and the City officials authorized herein to execute said documents prior to their execution; and City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or City Clerk, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the Acting City Clerk, respectively. Passed: June 28, 1993. Mayor Attest City Clerk 242028 (6 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and City Clerk of the City Council of the City of Maplewood, Minnesota, , DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript ript of the minutes of a meeting of the City Council of said City duly Y called and held on the date therein indicated insofar as such minutes relate to the authorization of the issuance of the $4 Multifamily Housing Revenue Refunding onds ( Silver g Ridge Proj ect), Series 1993, WITNESS my hand and the seal of said City this 28th day of June, 1993. (SEAL) City Clerk 242028 �7) & -a MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Planning Fees Ordinance DATE: June 1, 1993 INTRODUCTION Action by C0Unci.j . Endorse Mod ified... Re j ected Date The City staff is recommending that the City Council adopt the planning fees ordinance on page 3. BACKGROUND 1991: The City Council hired a consultant to study the fees in the Community Development Department. I have attached a summary of the study that pertains to planning fees. (See page 4.) The City Manager chose the Community Development Department because we had the greatest potential to increase fees enough to cover the study costs. December 14, 1992: The Council approved a 4% increase in City fees except the Community Development Department fees. March 23, 1993: The Council reviewed the preliminary results of the fee study. The Council directed the staff to change the fees. The Council wanted fees charged to individuals to be lower than fees charged to businesses. May 24, 1993: The City Council approved fee increases and gave first reading to the attached planning fee ordinance. The City must approve these fees by ordinance. DISCUSSION The fees in this ordinance are consistent with the Council's direction. The table on page 15 compares our fees to six suburbs. The table on page 16 shows the fees from 1991 -1993. The recommended fees, including those already approved, will produce an additional $42,342 each year. RECOMMENDATION Approve the planning fees ordinance. go/b- 4:fees.mem (5.1) Attachments: 1. Ordinance 2. Fee Study 3. City Comparison Table 4. 1991 -1993 Planning Fees Chart 2 Attachment 1 ORDINANCE NO. PLANNING FEES Section 1. Section 36 -26 of the Maplewood Zoning Code is changed as follows: Section 36 -26. Fees. The following nonrefundable .application fees shall be required: Zone Change Conditional Use Permit: Single and Double Dwellings Other Conditional Use Permit Revision: Single and Double Dwellings Other Variances: Single and Double Dwellings Other Vacations: Single and Double Dwellings Other Lot Divisions (Fee per lot created) : Single and Double Dwellings Other Home Occupation Permit Comprehensive Plan Amendment Code Amendment Planned Unit Development Preliminary Plat Preliminary Plat Revision or Time Extension Final Plat Time Extensions /Renewals Section 2. Section 36 -258 of the sign code is amended as follows: Section 36 -258. Fees. (1) A sign erection permit fee (except for billboards) shall be $18. (2) The fee for erection of billboards shall be $73. (3) The annual license fee for billboards shall be $281. Section 3. This ordinance shall take effect on July 1, 1993. Passed by the Maplewood City Council on June 28, 19930 $342 183 295 37 75 68 219 72 149 48 86 72 (initial permit) 23 (annual renewal) 429 219 494 520 85 113 85 3 EXECUTIVE SUMMARY The City of Maplewood, Minnesota, retained David M. Griffith & Associates, Ltd. (DMG) to conduct a user fee study for selected City services. This report contains the results of the user fee study for the City of Maplewood. This report features the identification of costs and fee levels when providing fee - for - servi activities. Full costs developed for services provided include: direct labor costs, departmental supervision and administration, and supplies and materials costs. All appropriate indirect costs allocated from City central service accounts to the department performing the service under review are also included. STUDY SCORE This study includes Community Development .fees and selected fees which are collected by the City Clerk with inspections performed by the Building Inspection division and /or Health Inspection division. OVERALL RESULTS As summarized on Table 1 and Cha 1, current estimated revenues of $421,724 will be collected for services which cost the City $653,439 resulti in a general revenue subsidy of $231,715. Existing revenues recover approximately 64.5% of the related service costs. Based on this cost analysis, DMG consultants and City department administration developed recommended fee adjustments which would increase revenues (and decrease revenue fund subsidies) by an estimated $42,342 annually, recovering an additional 6.5% of the related service costs. _ 5 � ' cfmq Publication Fees Current Fees Recommended Fees Increased ($11) 059) Planning Fees 15,488 87,431 50,425 Annual Annual Annual Annual Annual Fee Area Revenue Subsidy Revenue Subsidy Revenue Publication Fees $738 ($70) $679 ($11) 059) Planning Fees 15,488 87,431 50,425 52,494 34,937 Building inspections 377,522 136,880 377,512 136,890 (10) Health Inspections 27,976 7 35,450 0 7,474 Total $421,724 $231,715 $464,066 $189,373 $42,342 6 CIMC/ METHODOLOGY Maplewood, Minnesota, provides a wide range of services to its residents. in order to control expenditures and to fund the departments that provide these services, the City adopts a budget detailing anticipated revenues and expenditures. Like other governments, the primary focus of financial control is on the nature and object of expenditures, not necessarily identifying all costs to provide a specific service, except for services accounted for in enterprise funds. As a result, existing budgetary accounting systems normally provide only limited information necessary to determine the relevant costs of specific services. Further, the cost relations within the City of Maplewood are quite complex. Accordingly, an alternative analysis is required. The user fee study performed by DMG identifies all costs, both direct and indirect, associated with providing services for which fees are currently charged or in areas which may be amenable to establishing a user fee. This study identifies costs which can be categorized into four classifications: Direct L bor and Benefits - An average labor effort is identified in all fee areas. This labor time element or elements of more than one person performs tasks in the same area) is multiplied by a "productive" hourly rate. This productive hourly rate reflects the cost of compensated absences such as vacations, holidays, and sick leave. An appropriate amount of benefits is also allocated to the fee area; this typically includes PERA, FICA, and insurance benefits. S and , Su I,� e, s - These costs are department budget items necessary to support the activities performed. These costs include items such as training, telephone, contracted services, maintenance, and office supplies that are directly identifiable to the service area. Deoartmental Administration - Such items include appropriate costs for supervision, support staff, and top department administration. Costs include salaries, benefits, and related services and supplies. 1 7 dM q Indirect Over, head Costs - A central services full cost allocation plan was prepared to allocate the costs of central service departments such as accounting, payroll, and administration. These costs are typically not included in departmental budgets but provide necessary services to benefiting departments. Costs allocated include not only those based on a governmental accounting basis (i.e., flow of funds) but additionally include other costs such as depreciation, interest expense, and building use charges. Cost principles used in the allocation of costs are similar to those used in the private sector where proper cost accounting can be crucial to product pricing. The plan results in the allocation of costs in a fair and equitable manner to those departments benefiting from the central service expenditures. The cost analysis results in the total and unit cost of each specific service as diagramed in Figure 1. The full cost is then compared to the revenues generated at current fee levels. After this examination of cost and revenues, new fee levels are developed and recommended which may recover a greater percentage of full cost. When developing recommendations for new fees or increases in existing fees, Department officials and DMG consultants considered several other factors in addition to cost. These factors included such items as fee collectability, market conditions of appropriate), consistency with existing fee schedule, ease of implementation, the simplicity of fee schedules, and economic considerations. Complete cost and revenue detail can be found in Appendix A (under separate cover). A draft of this information was presented to the City Council on March 23, 19930 UNIT COSTS AND VOLUME Unit costs were based on allocation of all costs to each service area and include both fixed and variable components. Further, the unit costs assume volume levels remain constant. Increased volume will result in lower unit costs as the fixed cost component of each service unit decreases. The inverse is true for volume decreases. While the actual fixed cost component of any service cannot be immediately identified, it needs to be considered when adjusting fees or services. Fee increases might result in lower demand without any offsetting cost savings. Also, if a given service is discontinued, the remaining services must absorb any fixed costs previously associated with the discontinued service. dMC1 FIGURE 1 USER FEE STUDY FULL COST METHODOLOGY ■ .......... . NDIRE� �T�� C L CATt0 ....... c osT o • Central . Service Costs Allocated to Departments: Legislative - Miscellaneous Executive - Finan - Legal Services - City Clerk - Co mmissions - Building Depreciation City Hall Maintenance Equipment Depreciation Public Relations COM,MUNITY DEVELOPMENT DEPARTMEN'�' INDIRECT COST:;;: ?> *Department Head *Clerical Support COMMUNITY DEVELOPMENT DEPARTMENT: DIRECT COSTS ... ............ .... ...... ........................... • Direct Labor • Supplies and Materials ,�. DEP TMEN :bl T ................. ......... ..... . .................... ........................................................................ ................ .................. ......... ........ R _ C ��S S DEPARTMENT COSTS • Public Works • Direct Labor 9 Fire Prevention • Supplies • Police Services • Materials ex 9 dM C/ ECONOMIC CONSIDERATIONS Setting fees is essentially equivalent to establishing prices for services. In the private sector, prices are usually set in a manner which is expected to maximize profits. Making a profit is not an objective of the . City in providing services. Therefore, it is commonly felt that fees should be established at a level which will recover the cost of providing each service, no more, no less. There are circumstances, however, in which it might be regarded as a reasonable policy to set fees at a level which does not reflect the full cost of providing the service. For example, the City may not desire to price services for less than charges made for similar private sector services. The elasticity of demand must also be considered. If demand for a service is elastic, an increase in price could result in lower revenues. The inverse is true for inelastic demand. Each situation needs to be evaluated to determine the impact of fee changes on demand levels. Many City services are, by their nature, inelastic (permits and licenses, for example). Often in cases where demand is elastic, the services provided by the City are not necessity items (record searches, for example). In these cases, the City can use pricing to limit demand. When determining the appropriate demand level to establish fees, it is useful to select an average year so that excess revenues during peak demand periods offset revenue shortfalls during low demand periods. The objective in this pricing method is to have the service recover costs over a long timeframe (other than a year which is subject to fluctuations). Demand statistics used in the study are the latest experience modified to reflect any abnormalities identified by City personnel. As stated previously, the City's accounting system is not designed to capture expense and revenue data by service units provided. As a result, certain assumptions are made to develop unit costs and to identify the related revenue. The actual results could vary if the assumptions used to allocate the costs do not precisely reflect actual experience. User fees are often established on the principle of requiring those that use each service to pay for the cost of producing it. Although this principle is firmly established in the private enterprise system, there may be cases of City activities for which it is not regarded as appropriate. The ramifications of such policy for fee setting should be understood. It may be preferred to set fees for some services below the level at which full costs may be recovered. In such case, the determination of costs may be useful in evaluating the extent of the subsidy to be provided to user groups. 10 clmq There are three basic reasons governments subsidize services. First, services are subsidized to permit a specific group (e.g., senior citizens or students) to have services available that they may be unable to afford otherwise. The decision and method to subsidize such services are a function of the elected officials with appropriate input from City staff. A second reason to subsidize services is based on the belief that there will be a greater benefit to the community as a whole. For example, subsidizing the majority of Law Enforcement services has a direct public benefit. Third, economic considerations also influence subsidization policy. If use is to be encouraged, a subsidy might be established. Lower costs during low demand periods would draw users during these periods and improve overall productivity and use. The inverse would be the case if the City seeks to discourage demand. In summary, the pricing of certain public services based on cost has certain benefits: 1. User charges are paid by all users, including those exempt from property taxes. _ 2. Appropriately priced user charges will avoid extensive subsidization in instances where the service is not being provided to the general public but rather is for the specific benefit of the person or groups charged. 3. User charges are a means of rationing the provision of certain services and of gauging the demand for service level increases. All fees were examined using the methodology described above. The recommended fees were developed jointly by DMG consultants and department officials. The remaining section of this report includes a summary of the recommendations. 11 dMCI COMMUNITY DEVELOPMENT The Community Development Department can be segregated into four separate functions - Administration, Planning, Building Inspection, and Environmental Health. The Administration function includes the director and clerical staff responsible for supporting the other three functions. The Planning function is responsible for processing all development requests such as rezoning, conditional use permits, preliminary plats, and final plats. It administers the City's comprehensive plan serving as liaison to the Planning Commission and Community Design Review Board, The Building Inspections function administers the State Building Code reviewing plans for new construction and remodeling, issuing permits and performing inspections. The Environmental Health function is .responsible for environmental health inspections of restaurants, special food handling establishments, lodging facilities, and swimming pools. 12 ZAWW 1 :MF W_j PLANNING FEES The costs associated with planning fees are generally high because of the interdisciplinary approach required for their review. A zone change, comprehensive plan amendment, variance or preliminary plat review can be a complex and time consuming task with many steps. Time is required from the Community Development Director in reviewing the application, from the secretary and clerk typists in mailing notices and recording resolutions, and from the associate planners in reviewing ordinance compliance. In addition, the Public Works department reviews variance requests and plats with respect to areas such as drainage and street construction. Format approval by the Planning Commission and City Council is required for zoning changes, variances, and subdivision plattings. DMG and City staff recommend that planning fees be set at 60% of their associated full cost. This level generally covers the direct costs while assuming some degree of public benefit associated with these services. In addition, this cost is comparable to some of the higher rates charged by other cities. If a fee- increase of more than 20% is recommended, the increase will be phased in over a maximum of five years. In addition, it is recommended that separate fees be established for R1 and R2 districts for conditional use permits, conditional use permit revisions, variances, vacations, lot divisions, and Community Design Review Board. Since these fees are typically paid by individuals, it is recommended that fees be set at a rate equal to 15% of their associated full cost which is viewed as the level the market will bear. Where necessary these fees will be phased in over a maximum period of five years. A new fee - "Code Amendments" - is also recommended at a rate of $753. Included in planning fees are sign permits and billboard permits. Sign permit fees range from $16 to $145 depending on size. This study uses the average sign permit fee of $32 as the current fee. The current fee for billboards is $14 for 5 square feet plus $0.62 for each additional square foot. The full cost of issuing a sign permit is $30 and a billboard permit is $122. Since the cost of processing a sign or billboard permit is independent of size, the Department recommends establishing flat fees of $18 and $73, respectively. This represents 60% of the full cost of processing these permits. 13 CIMC/ Table 3 presents recommendations for the planning fees: t s t t ... .... ::��. ---------------- n ::::: ::.:::.:::::.:.:.::: ::::.:::::.::;;:::::::: =::: ­ .... . ................ . ............... ............ ........... X ............. ...... e: n e a _ a .......... ....... . . . x ­-: *.,.,.-.* ....... Recommended Fee Increased Recom- Phase -in. Schedule Revenue Subsidy Annual 1992 Full mended �► Fee Volume Fee Cost fee 1993 1994 1995 1996 1997 Full Fee LFuli Fee Planning Fees: Zone change 1 285 1,149 690 342 410 492 591 690 405 459 Conditional Use Permits: R1 & R2 1 185 1,221 183 183 -2 1 Other 11 185 1,221 733 295 404 514 623 733 6,028 5,368 Conditional Use Permit Revisions: R1 &R2 1 57 246 37 37 - 20 209 All Other 2 57 246 147 75 93 111 1291 147 180 198 Variance: R1 &R2 7 57 897 135 68 82 98 118 135 546 5,334 All Other 5 85 1,255 753 219 352 486 619 753 3,340 2,510 Vacations: RI & R2 10 60 841 126 72 86 104 126 660 7,150 Other 2 60 841 505 149 238 327 416 505 890 672 Lot Divisions: R1 &R2 11 40 446 67 48 58 67 297 4,169 Other 1 40 446 268 86 131 177 222 268 228 178 Home Occupation 2 53 1,002 150 72 92 111 131 150 194 1,704 Woodlot Alteration 1 60 82 12 12 -48 70 Sign Permit 100 '32 30 18 18 - 1,400 1,200 Billboard Permit 1 **14 122 73 73 59 49 Building Relocation 5 145 1,200 720 260 375 490 605 720 2,875 2,400 .Moving Permit 3 80 71 42 42 -114 87 Comp Plan Amendment 3 285 1,673 1,004 429 573 716 860 1,004 2,157 2,007 Code Amendment 1 O 1,255 753 219 352 486 619 753 753 502 Cmmnty Dsgn Rev Brd: R1 &R2 2 115 1 151 138 151 72 1718 Other 16 115 1 606 213 311 410 508 606 7,856 6,464 Planned Unit Dvlpmnt 1 340 1,852 1,111 494 648 803 957 1,111 771 741 Preliminary Plat 7 340 2,069 1,241 520 700 881 1,061 1,241 6,307 5,796 Time Extensions & 9 57 326 196 85 113 140 168 196 1, 251 1,170 Renewals Final Plat 5 57 564 338 113 169 226 282 338 1.405 1,130 This Is the average fee charged for sign permits. Actual fee is based on size of sign. ' • This is the base price for a billboard up to 5 square feet In sae. An additional $0.62 per square foot is charged above this size. 14 CIMC/ cil .......... ...... ::•: ... ....... ...... . .............. ............. ....... C ITY : AP LE O ........... . . . . . . •.: o F ... . U :SE� . F � Tl�• t3Y ::::: C 1`x''1 ... ..... ........ C .o�Nr .A I s ON North. West Fee Maplewood Bloomington St. Paul Oakdale . St. Paul Woodbur Roseville Publications: Zonins Code $11 .05 /sheet 11 35 25 Platting - C ode $6 Sign Code $4 C om* rehensive Plan $12 Misc Maps $5 PC M inute s $10/ r .05 /sheet 25 /sheet 0.15 /sheet . 5.85 161 r PC Packet $100/ r Property Owner List $44 Zone C hang e $285 100 250 250 300 300 Conditional Use $185 500 35 50 250 50 500 Variances R--1 $57 100 35 100. 50 -25 20.0 Variances -- All Othe Districts $85 300 35 100 250 25 200 Vacations $60 75 125 125 200 Lot Divisions $40 100 60 25 100 Home Occupations $53 35 50 90 Woodlot Alteration Permit $60 Sig Pe $32 16 20 40 Billboard Permit $14 Building Relocation $145 M ovin Permit $80 Com rehensive Plan Amendment $285 1000 125 750 Community Desi n Review Board $1 15 Planned Unit Development $340 2500 100 200 250 300 750 Preliminary Plat $340 300 250 250 100 500 Prelimina Plat Time Extension $57 Final Plat $57 250 100 540 Mobile Home Permits $50 Woodlot.Alte ration Permit $60 Source: Municipal License and Permit Survey, Association of Metropolitan Municipalities, June 1992 Cr W Attachment 4 1991 -1993 PLANNING FEES Zone Change Conditional Use Permit: Single and Double Dwellings Other Conditional Use Permit Revision: Single and Double Dwellings Other Variances: Single and Double Dwellings Other Vacations: Single and Double Dwellings Other Lot Divisions (Fee per lot created): Single and Double Dwellings Other Home Occupations: initial Renewal Sign Erection Permit: 1 - 10 Sq. Ft. 11 - 25 26 - 50 51 - 100 Over 100 1991 Fee $274* 180* 180* 55* 55* 55* 82* 58* 58* 38 38 51 21 15 20 31 77 139 53 Proposed 1992 7 -1 -93 Fee Fee $285* $342* 185* 183* 185* - 295* 57* 37* 57* 75* 57* 68* 85* 219* 60* .72* 60* 149* 40 48 40 86 53 72 22 23 16 18 21 18 32 18 80 18 145 18 * Plus $12 for each affected property to pay for the County) s filing fee for resolutions. The fee will increase to $17 in 1993. 16 Planning fees .(Set by Ordinance), continued: Proposed 1991 1992 7 -1 -93 Fee Fee Fee Billboard. Erection Permit $ 13 $ 14 $ 73 Each Additional Sq. Ft. ..60 .62 N/A Comprehensive Plan Amendment 274* 285* 429* Code Amendment 180 185 219 Planned Unit Development 328* 340* 494* Preliminary Plat .328 340 520 Preliminary Plat Revision or Time Extension 55 57 85 Final Plat 55 57 113 Time Extensions /Renewals 55 57 85 Billboard License 262 270 281 17 Maplewood Planning Commission -4- Minutes of 6 -7 -93 Commissione Rossbach moved the Planning Commission recommend the developer shall install a ve-foot-wide concrete sidewalk along the north side of Gervais Avenue. This si walk would run from the emerge ry vehicle trail in the new development to e .west property line of the M e Ridge development on White Bear Avenue. The lanning Commission wo further recommend that the street have a lane striped create a trail on the sheet which would run from the Maple Ridge development to ennard Street. Commissioner Pearson Commissioner Fischer move to fiend this motion to replace the five- foot -wide concrete sidewalk requiremen th an eight- foot -wide paved trail. The motion to amend died fo lIck of a second. Commissioner Frost said a would om ally be In favor of the eight- foot -wide trail, but since this is a Beni citizens prod and the motion provides for a bike lane to be striped on Gervais AV nue, he conside a sidewalk to be more appropriate. Con missioner Pe on re ed Commi Toner Rossbach's motion, stating he wants to see this sidew area for seniors with b' ers using the striped area in the street. The motion as voted on as follows: Ayes -- enspach, Anitzberger, Axdahl, Fischer, Frost, Ki ' dge, Martin, Pearson, Rossbach, Sigmun Nays- -Gerke motion passed. B. Planning Fees Ordinance Secretary Olson presented the staff report and answered questions from the Commission. Commissioner Martin moved the Planning Commission recommend approval of the planning fees ordinance. Commissioner Sigmundik seconded Ayes- -all The motion passed. PUBLIC HEARING NOTICE The Maplewood City .Council invites you to a public hearing. -The, City Council will consider an ordinance raising planning fees. The Council will hold this hearing on Monday, June 28, 1993 at 7:30 p.m. in the City Hall Council. Chambers (1830 East County Road B). Call Geoff Olson at 770 -4562 for more information. Sign language interpreters are available. You must request this service least 96 hours in advance. Call 770 -4524 to make arrangements. .PUBLISH: June 16, 1993 AGENDA NO. AGENDA REPORT TO: City Manager FROM: Finance Director Act by Council: Endorsed .� Modified Re j ec ted Dat e RE: QUOTES ON PROPERTY, LIABILITY AND WORKERS COMPENSATION INSURANCE DATE: June 21, 1993 INTRODUCTION It is proposed that the present insurance coverage be renewed with the League of Minnesota Cities Insurance Trust (LMCIT), Hartford Insurance Company and United Fire &Casualty. BACKGROUND The City's present insurance coverage expires June 30, 1993. On April 12, the City Council assigned markets to three agencies: Ekblad, Pardee & Bewell, Inc.; Johnson and Higgins; Hadtrath & Associates. The only agency that submitted a proposal for ro ert and liability p P y y insurance coverage was Ekblad, Pardee & Bewell. A proposal was also received directly from the LMCIT for workers compensation coverage. Our insurance consultant, Susan Dieken, Preferred Risk Consultants, has analyzed these proposals and her report is attached. PREMIUMS Total premiums for the policy period beginning July 1, 1993 will increase by 3.7% as indicated in the following breakdown by category: Current New Percent Polic- Policy Chan e LMCIT - workers' compensation $132 $139,178 +5.3% LMCIT - property & liability 139p751 142 +2.2% Hartford - boiler & machinery 5 5.412 + 5.0 % Totals $277,131 $287,479 +3.7% Agenda Report — Quotes on Property, Liability and Workers Compensation Insurance June 21, 1993 Page 2 ANALYSIS A detailed report from our consultant is attached. Key issues from this report are as follows. Regarding the workers compensation coverage, there are two options: a retrospective rating plan and a prospective rating plan. With both rating plans the initial premium would be $139,178. However, with the retrospective (retro) plan, the premium would adjusted at the end of the policy period based on the amount of losses. If the losses are low, we would get a refund; if the losses are high, we would have to pay an additional premium. Our consultant believes the retro plan is the best option as the final premium would be approximately $57,115 less than the prospective rating plan based upon our past average losses. Also, our consultant believes that of the three retro plan options, the first option is the best because the maximum premiums under the other two options increase faster than the decrease in the minimum premiums. Another option with workers compensation coverage is that the city could obtain a 5 % premium credit ($7,735) if we adopt a state certified. and LMCIT approved managed care plan under a new state law. No city in Minnesota has chosen this option yet according to our consultant. Also, the feasibility of using a managed care plan will need to be researched by our Human Resources Director. Therefore, this option is not viable at this time. Regarding the property and liability coverage, there are three options to consider. The first option involves elimination of collision coverage on vehicles. This option was raised as a possibility because the city's current insurance deductible is $50,000 per occurrence with a $200,000 annual aggregate. The problem with eliminating collision coverage is that the city has seven vehicles that have a replacement value in excess of $50,000. If collision coverage was eliminated, the city would have to pay the full cost of any damages incurred in a collision if the city was at fault. The potential maximum loss would be $600,000 which is the estimated replacement cost for the 1974 aerial fire truck. In my opinion, the $2,111 insurance premium that could be saved annually if collision coverage were eliminated is not worth the risk of a large loss. A second option is excess liability coverage which would cost $79,202 to $109,038 depending on which option is chosen. Presently we do not have this coverage because of the high cost. A third option is PetroFund Reimbursement coverage which would reimburse the city for costs of tank leaks and spills. This option should not be selected because the city has recently replaced its fuel system tanks near the Public Works Building. Agenda. Report — Quotes on Property, Liability and Workers Compensation Insurance June 21, 1993 Page 3 RECOMMENDATION It is recommended that the Council approve the following: 1. Renewal of our present insurance coverage with the LMCIT for workers' compensation under a retrospective rating plan with a maximum annual premium of $201,128. 2. Renewal of our present insurance coverage with the LMCIT for property and liability coverage. 3. Renewal of our present insurance coverage with Hartford Insurance Company for boiler and machinery items. 4. Renewal of our present employee blanket bond with United Fire and Casualty. W:\AGNIINSBIDS Attachment PREFERRED .................... R I S K .................... CONSULTANTS June 17, 1993 Daniel F. Faust Finance Director Cit of Maplewood 1830 E. Count Road B Maplewood, MN 55109 Re: Jul 1, 1993-94 Propert Insurance Renewal Dear Dan: The followin are the a sele /market assi which were made back in April, Hadtrath & Associates, Inc. Hartford Titan Indemnit United States Fidelit & Guarant ( USF&G ) Illinois Insurance Exchan These markets were assi for obtainin propert lines of covera for the Cit Ekblad,_ & Bewell, Inc. Lea of MN Cities PEEN CO These markets were assi for the Cit propert covera Hartford Steam and Western National were assi on the boiler covera Auto Owners was assi for bond covera Johnson & Hi St. Paul Companies CIGNA These markets were assi for the packa covera and Kemper and Reliance on the boiler covera Due to the si difference between the fees q uoted b J & H and the other two selected a J & H withdrew from the biddin process. "Full-time Expert Part-time Cost" P.O. Box 47-506 Minneapolis, Minnesota 55447 612/559-3368 A LMCIT package renewal was received along with .the LMCIT workers' compensation renewal and United Fire & Casualty bond renewal. Per Ekblad, Pardee, & Bewell, PENCO declined to quote during the time period allotted. To date, I had not received any quotes from Hadtrath & Associates. The overall LMCIT package premium including the bond coverage with United Fire & Casualty increased this year by $ 3,138 . The Only coverage areas that increased in premium, however, were the general liability and employee bond coverage. Despite the fact that the building and contents values increased along with all other inland marine and computer equipment value limits, these premiums decreased slightly this year. Keep in mind that this does not include the builders' risk coverage on the construction of the new community center. This will be rated and billed seperately. Rating exposures under the general liability area have stayed relatively constant, ie operating expenditures, street mileage, etc. However, the LMCIT has made some revisions to the liability coverage document. Effective 3/1/93, the LMCIT has rewritten the liability coverage document by eliminating the seperate coverage sections for General Liability, Personal Injury Liability, and Errors and Omissions Liability. Instead, the equivalent coverage is provided through a single coverage agreement. The errors and omissions coverage which used to be an option avaiable to cities, is no longer an option, but automatically included. Also effective 3/1/93, a limited amount of coverage for lead and asbestos liability exposures has been added as an exception to the pollution exclusion. The limits of this coverage are $200,000 per claim and $200,000 aggregate per year. This limited coverage does not apply to landfills, dumps, or other waste facilities. The LMCIT' s auto premium has decreased again this year by $1,.679 even though an additional 9 vehicles were added to the coverage As requested, the LMCIT quoted an optional quote excluding collision on vehicles. The result would be a credit of $ 2,1110 The City's average physical damage loss per year is approximately 3.6 or 4, some involving subrogation and some not involving any payments. With the City's $50,000 /occurrence all lines deductible, $200,000 annual aggregate, the City has not reached the limit on any particular claim. With this in mind, the City could save an additional $ 2,111 by retaining the collision exposure. There were slight increases in the glass, bond, and boiler and machinery coverages. The bond premium increased by $85 and the boiler coverage by $258. The boiler has had a history of remaining fairly constant over the years. The estimated LMCIT workers' compensation deposit has increased this year by $6,952, despite the decrease in the LMCIT's classification code rates. The City's estimated payroll increased over last year by $343,620. This increase in payroll, along with an increase in the experience modification factor from .74 to .82, resulted in the increase in deposit. Per the enclosed summar the LMCIT's retro renewal options differ thi y ear from last y ear. There are now three retro options .Offered. There is no lon g er a 120% loss. conversion factor used in determinin final costs. The final cost will be based upon actual claims, plus a 31% of paid indemnit assessment, in addition to the minimum premium selected. Based upon an avera loss y ear, ( without includin the lar loss in 1,986-87 and a 60,18% avera indemnit pa the Cit would still benefit from the retro rated plan. The avera indemnit pa is based upon the pure premium base rate schedule prepared b the MN Workers' Compensation Insurersy Association. The 60.38% is arrived at b takin the avera indemnit % of each classification code used b the Cit The next decision is which minimum and maximum the Cit should choose. The Cit experienced a hi cost of incurred losses in 1992-93. Hopefull this is not a trend that will continue. ..The current retro plan has a minimum factor of 47% with a maximum of 130%. This y ear's option which most closel reflects this level is the first option at 43.4% for the minimum and 130% for the maximum. Sta with the more conservative level option would potentiall save the Cit $57 based a on the avera loss per y ear of $25,626, while exposin the Cit to a maximum of $201,128. Obviousl selectin a lower minimum would possibl save the Cit much more, however, the potential additional premium exposure increases even more. The LMCIT is also offerin the option of acceptin deductibles under the workers' compensation if a retro plan is not selected.. Lookin at the credits g iven, the onl levels of deductibles that would potentiall save the Cit mone would be $5,000 or $10,,000,, however,, the retro pro for a cit the size of Maplewood, continues to be the most cost advanta The deductible applies per occurrence to Paid medical costs o There is no a aeductible that applies. The credit g .;6.ven applies to the standard premium ( prior to the LMCIT discount The LMCIT is also offerin a 5% credit for an cit that adopts a s tate tate certified and LMCIT approved mana care plan. This came about due to a chan in the Minnesota workers' compensation law effective in October of 1992. The Cit would need to address the issues of how well a particular MCO fits its' particular needs not onl g eo g raphicall y , but also the specific t of losses that tend to occur. Also, the Cit would need to wei the costs associated with contractin with an MCO and the credit g iven. I will be av ailable to assist in an wa I can with the selection process if val so desired. An excess liability quote was again submitted.this year by the LMCIT for the City's review. It has not been purchased in the past by the City due to the cost prohi.biti veness and the loss experience of the City. This is a coverage issue that should be reviewed by the City's legal counsel each year taking into consideration loss trends and potential future development issues the legal department may be aware of. To reiterate the two options involved - with - the excess coverage, the City can purchase excess liability and choose to waive or not waive the statutory liability limits. If waiving the limits, the excess would then apply to all claims including- those covered by the statutory liability limits. If excess is purchased without the waiver, the higher excess limit would be applicable only for those claims which are not covered by the statutory limits, Some reasons why a city may want to purchase the excess include: - The city may be exposed to some kinds of liability to which the statutory limits do not apply such as liability under the federal civil rights acts, certain types of liability assumed under contract, liability for actions in other states, or liability for a zoning action under an "inverse condemnation theory of law. The City may buy higher limits to cover those exposures within the statutory limits, but because of the annual aggregate limit and a previous loss used up a portion of the limit, .there may not be adequate coverage if a second loss should occur. Excess coverage would help protect against this situation. The city might be concerned whether the statutory liability limits will stand up in court. They have been upheld, however, in two Minnesota Supreme Court cases. Theme is also the opt-.Ion of selecting the P etroF'und reimbursement coverage. Th- is designed to supplenk ent the state's Petrf lnd reimbursement system, covers third -party liability, clean -up costs, and defense costs from tank leaks or spills. The state's Petroleum Tank Petrofund currently reimburses tank owners for 90% of the first $1,000,00O.of liability or clean -up costs for a leak or spill, provided the tank was previously registered with the Petrofund. The LMCIT coverage will reimburse the city for the remaining 10% of liability up to $100,000, Although the premium appears minimal; $850, the City's position with other coverages has been to retain the exposure up to a certain limit ie $50,000 /occurrence, $200,000 aggregate. With this particular exposure, the City may feel comfortable retaining it, knowing what tanks there are out there etc. Accepting the LMCIT renewal as currently written, and accepting the $2,111 credit in retaining the collision exposure on the vehicles, would result in a total annual premium for 1993 -94 of $ 285, 368. This includes the workers' compensation discounted standard premium of $139,178 which is paid for the year prior to the adjustment for actua -. losses. Also, keep in mind that �he City has received LMCIT dividends over the years. The City'received'$68,880 in 1992. As you are aware, I will be out of the office until June 28th, I f you have any questions I will address them when I get back. However, if you have something of urgency, please leave a message on my answering machine-as , I will be c hecking for messages. Thank you, Dan. S incerely, D RISK 4aRNSULTANT.S f Dieken, ARM, CIC li CITY OF MAPLEWOOD July 1, 1993 -94 Property /Casualty Renewal Property Limit: $14,520,854@ 90% Blkt, Agreed Amount Special, Replacement Cost Deductible: $50 $200,000 /Agg. $ 1, 000 /Mai.nt. Company: LMCIT EDP Eauiprnent & Media Limits: $618,070 Equip. $ 1,000 Media $ 10,000 Extra Exp. Deductible: All Lines Agg. Company: LMCIT Valuable Papers Limit: $ 30,000 City Hall Deductible: All Lines Agg. Company: LMCIT Inland Marine Limit: $832,108 Cont.Equip. $646,395 Misc.Equip. $ 88,617 Voting Mach. $ 7 LE Bailee $ 10,000 Mech.Tools $ 20,000 Fine Arts Deductible: All Lines Agg. Company: LMCIT Comp.General Liability Limits: $600,000 BI,PD,& Pers.Injury Deductible: All Lines Agg. Claims Made Company: LMCIT Comprehensive Auto Limit: $600,000 CSL $600,000 UN /UM Deductible: All Lines Agg. Comp.& Coll. 91 Vehicles Company: LMCIT Current Renewal 1992 -93 New Limits 1993 -94 $16,458 $16,769,404 15,271 Inc. 640,373 Incl. Incl. Incl. 51418 41203 910,40? 838,920 91,843 16,757 Page 1 100 vehicles 106,374 15,078 Errors & omissions Deductible: All Lines Agg. Retro Date: 7/1/81 Claims Made Company: LMCIT Glass Location: Nature Center Company: LMCIT Bond Faithful Perf . Blkt Position Limit: $50,000 all employees Company: United Fire & Casualty Sub -Total Boiler & Machinery Limit: $500,000 /Accident $ 1,000 Water Damage $ 1,000 Ammonia Contam. $ 5,000 Expediting Exp. $ 25,000 Extra Expense Deductibbe: $500 Company: Hartford Workers' Compensation Limit: Statutory Experience Mod .74 Retro options : Company: LMCIT Totals 71394 incl.in Gen. Liab. 12 9 11869 11954 139,751 142,889 51154 51412 132,226 Exp. Mod .82 139,178 62,146 Min. 190,870 Max. Min. $67,146 Max. $201,128 Min. $59,255 Max. $232,071 Min. $49,044 Max. $309,428 277,131 287,479 Page 2 OPTIONS Excess Liabil Currentl do not $ 79,202 Non-Waiver carr covera 109,038 Waiver Limit: $1,000,000 $ 10,000 SIR To eliminate Collision Covera on all Cit Vehicles would result in premium credit of $ 2,1110 PetroFund Reimbursement Option - $820 Additional Premium 6 Pa 3 CITY OF MAPLEWOOD Property /Casualty Coverages Year Total Incurred Losses 1980 $ 347,012 (one claim @ $293,051) Closed 1981 64,591 All Closed 1982 39,152 All Closed 1983 29,956 All Closed 1984 No losses indicated 1985 24,675 All Closed 1986 52,038 All Closed 1987 96,762 1 Open 1988 12,958 All Closed 1989 55,005 1 Open 1990 10,700 1 Open 1991 269,458 10 Open 1992 12,176 (As of 5/93) 10 Open Total $ 1 / 13 = 78,037 Loss Average # Claims 10,000 & over 16 total General Liability 10 Auto Liability 5 Property 1 # Claims 50,000 & over 4 total General Liability 3 Property 1 6/93 CITY OF MAPLEWOOD July 1, 1993 -94 LMCIT Workers' Compensation Rewewal Retro Option: Minimum - $ 67,146 Maximum - $ 201,128 Minimum - $ 59,255 Maximum - $ 232,071 Minimum - $ .49,044 Maximum - $ 309,428 Total Paid Losses 1992 -93 $ 56,091 (7/1J92 - 5/4/93) 1991 -92 $ 33,122 1990 -91 $ 20,658 1989 -90 $ 39,700 1988 -89 $ 2 1987 -88 $ 14,680 1986 -87 $184,739 1985 -86 $ 25,361 In 1986 -87 one claim accounted for $177,100 of the total $184 Excluding this articular claim from the claims, the City's average g particular (trending total annual claims for a eight year per the current year since it is not a full year) is $25,,6264, Using this average for the n u comi year along with the first retro option, the City's • p • g Y potential savings is approximately $57,11 S from the standard premium. Including he total claims for the year 1986 -87 would result in a g the standard premium of potential premium savings over P approximately $ 30,864 {using the first retro option rates }. 6/93 r- / MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Calvary Assembly of God church DATE: June 15, 1993 Action by Council: Endorsed Modified., Rejecte Date On June 14, 1993, the City Council tabled a request from this church for a land use plan change and a conditional use permit. This was for the property at 2425 White Bear Avenue. I have updated the staff report to change Conditions 6 and 8 as the Council discussed at their meeting. I have attached the updated report. kr /cagch2.mem MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Land Use Plan Change and Conditional Use Permit LOCATION: 2425 White Bear Avenue PROJECT: Calvary Assembly of God Church DATE: June 15, 1993 INTRODUCTION Mr. Scott Montgomery, representing the Calvary Assembly of God Church, is asking the City to approve: 1. Aland use plan change from LBC (limited business commercial) to C (church). (See the existing and proposed land use plan maps on pages 7 and 8 and the church's plan amendment statement on page 11.) 2. A conditional use permit (CUP) for a church. Section 36- 437(3) of the City Code allows the City Council to approve a CUP for a church in any zoning district. (See the church's conditional use permit statement on page 12.) The church would be in the former Montgomery Ward office building at 2425 White Bear Avenue. (See the map on page 9.) The church is now at 1685 East Highway 96 in White Bear Lake. The church wants to move to accommodate their growing congregation (about 550 members) and other church - related activities. The church is proposing to remodel the building in two phases. The first phase would include adding a handicapped access ramp by the entrance doors and enough interior remodeling to open the church. The Building Official is requiring an emergency exit door on the southeast side of the building with the first phase. (See the plan on page 14.) The second phase would include adding new entrance doors on the northwest side of the building and removing the incinerator. DISCUSSION Land Use Plan Change and Conditional Use Permit The disadvantage of a church is the loss of property taxes. The advantage is that the church would create less traffic congestion than an office use. Most of the traffic from this church will be on Sunday morning with lesser traffic on Wednesday evening. These times are low points for traffic on White Bear Avenue. The owners of five properties objected to the church. Their main concern is that future church members may object to a future commercial rezoning on the east side of White Bear Avenue. The neighbors are negotiating with Ryan Construction Company to rezone the east side of White Bear Avenue for a commercial development. The biggest problem with this would be the traffic impact on the White Bear Avenue and Gervais Avenue intersection. The church would create less traffic congestion than an office use. The City Council should not base their decision on this church on a possible rezoning east of White Bear Avenue. The City is planning the east side of White Bear Avenue for single dwellings. Whether a future church would or would not support a rezoning is immaterial. The City should only judge whether a church would be more or less compatible with the existing and planned land uses than an office. The proposed church meets the City Code's standards for a conditional use permit. Right -of -Way Dedication The County Traffic Engineer has asked for five feet of this site for additional right -of- way for White Bear Avenue. This extra right -of -way would be from the northeast corner of the property, on White Bear Avenue. I have shown the land on the map on page 9. Dedicating this land would not effect the church. RECOMMENDATIONS A. Adopt the resolution on page 17. This resolution changes the land use plan for the property at 2425 White Bear Avenue. This change is from LBC (limited business commercial) to C (church). The City should approve this change because: 1. A church would have less traffic impact on White Bear Avenue than an office building. 2. A church would be just as compatible as an office with the existing and planned land uses around this site. B. Adopt the resolution on page 18. This resolution approves a conditional use permit for a church at 2425 White Bear Avenue. The Council should approve this resolution based on the findings required by the City Code and with the following conditions: 1. All construction shall follow the plans that the City received on May 3, 1993. The Director of Community Development may approve minor changes. 2. The proposed construction must have substantially started or the building must be used for a church within one year of Council approval or the permit shall end. The City Council may grant up to one one -year extension of the permit. 2 3. Fill the potholes in the parking lot and driveways. 4. Sweep and restripe the parking lot to current City Code requirements. 5. Remove and clean up the old tires, junk and garbage on the property. 6. The church recording a deed with Ramsey County for five additional feet of right -of -way for White Bear Avenue at the northeast corner of the site. The church must record this deed within sixty days of getting fee tide of the properly. The County Traffic Engineer must approve this deed before the church records it 7. Screen the outside mechanical equipment, as required by Code. S. Remove the curb blocks and construct concrete curb around the parking lot perimeter, as the City Code requires. The church may complete this work with Phase H of the construction and shall have it done within three years of City approval. 9. The City Council shall review this permit in one year. 3 CITIZEN COMMENTS We asked the surrounding property owners for their opinion of these requests. We sent surveys to the property owners within 350 feet of the site. out of 26 properties, we received 9 replies. Three replies were for the requests, five were against and one had only comments. One of those in favor said that its a good use for the building. The other people in favor did not comment. Those against the requests were mainly concerned with the church objecting to a future commercial rezoning on the east side of White Bear Avenue. There was also some objection to lost taxes. We received the following comments: 1. My concern about the request is that by the nature of the organization of the proposed property occupant (550 members), they could have a greater influence than normal on how the property on the east side of White Bear Avenue is developed. As you know, the property owners on the east side of White Bear Avenue are in a process of a development project. Therefore, I would request that a stipulation be placed in the church's conditional use permit that they would not oppose rezoning for such development or any like it in the future. Other than that at the present time, I have no objection. (Millette - 2416 White Bear Avenue) 2. Decreased property values and what effect it would have on existing property to the east. Would there be a possibility of blocking development east of White Bear Avenue? (Berggren - 2434 White Bear Avenue) 3. See the letters on pages 15 and 16. The one property owner with comments only stated, "I do not think a church would be the worst neighbor. They should be able to pay so we would not have to pay more - the traffic will be worse and a lot more activity than just Sunday and Wednesday." (Perron - 1971 Gervais Avenue) REFERENCE SITE DESCRIPTION Site size: 9.6 acres Existing land use: A vacant 54,000 square -foot office building and parking lot SURROUNDING LAND USES North: Rainbow foods across Gervais Avenue East: Single dwellings across White Bear Avenue South: US West warehouse across Gervais Court West: An undeveloped 3.4 acre lot that the City has planned and zoned LBC. PLANNING Criteria for CUP Approval Section 36 -442 of the City Code gives nine standards for approving a conditional use permit. (Refer to the standards in the resolution on page 17.) Parking Requirements The City Code requires one parking space for every four seats in a church. The proposed floor plan shows seating for 900 people in the church sanctuary. This requires 225 parking spaces. The site has 267 parking spaces. kr:cagchrch.mem (11 -29) Attachments: 1. Location Map 2. Existing Land Use Plan Map 3. Proposed Land Use Plan Map 4. Property Line /Zoning Map 5. Phase One Partial Site Plan 6. Plan Amendment Statement 7. Conditional Use Permit Statement 8. Letter: Berkowitz 9. Letter: Millette 10 Land Use Plan Change Resolution 11. Conditional Use Permit Resolution �6� Attachment 1 at AVE BEM ►�Md r+wk � ` AVE. ww'tE Htw AVE. . � g Ro,arz < � AVE. /� � 11ES5�IBM Ay :: • • ►•�•••• d MO/'�ChOT �, .NORTH E � � � �i► � KOHiiIIrN AYE Ml c � EDGEFNLL RD. oaMorrr AVE '• � BROOKS AVE rri BROOKS W ... AVE E' D( � S TMIT A ti E. � L GERVAIS CERY r ;•�5';'•`'. C NS AVE. CfLWONtEW AVE Cr. . VIKING pR AVE SHERREN AVE c�srtE AVE. � M Z � lok� Q, AVE. � CAPE AVE � � AVE. LAW AN � CL LAURIE .. R0. LAURIE RD. Z s�.. e �p UURIE z RD. W v I SAM04 URST A ft � � AVE 5 �i � v �i I a Co. RD. > e t� s • � O 1700' .. BURKE AVE. o BURKE AVE tj . 0 ELDR IOCE AV � E PW* 10tJT AVE �RF.ITFgKW AVE WIRS AVE RQSE1r000 AVE K r . . 0 RAAtSEY COUIV7Y } ,� AV � AVE �. "`�,� � 'W° •' NOR' MOND le t; IF IF AVE /ItD�R�CN � GpppRfCH �.' ` •C• _�..... � LOCATION MAP SITE 6 4 N Attachment 2 interchange an Vadnais Heights , i � r J ` m minlor arterial 30. _ 01 \ p ; , -- \; s , Co�#d ; t .i � t 11 ~,l C o .Y '1 e m collect \ / mad r�'al H igh way 36 1'n r1l rl SRS c _ t N O m :+ w c m Q � L O cc V m O m �r G «, G interchange z i R -1 LBC a. a Cosec Los �Ii t r Ds ( r - 1 _R -S(H) i E ,✓ �.t ge HAZELWOOD NEIGHBORHOOD LAND USE PLAN ........,> SITE (EXISTING)' Q N 7 Attachment 3 interchan Vadnais Hei M I , � ■■ Minor arterial 4 A 0 6: �.d C -L; -J 1 C cc Lu at n r i np% a' r% i --A- 0 0 0 O 6 4; :0 4C hr. Cd W to 4) ✓I CoSey p t r DS R -�(H} C i QO r lo t g e HAZELWOOD NEIGHBORHOOD LAND USE PLAN (PROPOSED) I interchan I N Attachment 4 L OW 10 a im r ? *w U IN N VAC.. 1 04 AND or 40 111 . -' -;. t WET 14 2.98 1p (2.1) 4-- ZZ ) 44 1 17 53 13A 1 M ANN' 40 LG N v� >t.�t� � ti . 1 � � 1 W '' ° . Z.� a 3 `� �s +'�►� � ; Tst..l = .5'�"'d, �oBS � 1 7 11. IS 1p 7 12.7 Qj' z E. > s •� •r tZ.83�w � to . 1 cc 0 M LU Co ■ 2500 L 38 a 3 OEM M �T 5 2480 RAINBOW FOODS 9 REOUESTED ROW DEDICATI( V—E= GERVAIS AVENUE ■ TA2 K!'k 10 r 1% 2462 n 0 0) ML in reow-GERVAIS COURT- woo b ■ -w" E]2 U 177do. 190 ■ Co Co r k ♦ 13 f-4) (4) 2 ♦ 14 #N ■ ■ 1�■ ♦ # LBC 16 0 of * 0 0 ot Alll� - - — - - - 0 HIGHWAY 36 =1 N.W am (14) PROPERTY LINE ZONING MAP SITE 9 Orr Widen Assadat ,Inc. 300 Pwk Place center ==== 612 - 596-5775 14M -753 -5775 FAX 595 -5773 Att a- c h merit 5 Client By ki Project ......,_. Sheet of Comm. No. OS Date j R Attachment 6 PROPOSED COMPREHENSIVE PLAN AMENDMENT Calvary Assembly of God church hereby requests approval of an amendment to the City of Maplewood. Comprehensive Plan which would change the land use classification of property in the north west quadrant of White Bear Avenue and Highway 36 from LBC (Limited Business Commercial) to C (Church:). The pro pert is the p Y approximate nine acre site of the former Montgomery Ward of f ice building at 2425 White Bear Avenue. This request is made in conjunction with an application for a conditional use permit for the church which plans to acquire the property and to relocate to the City of Maplewood from the current facility in the City of White Bear Lake. Please refer to the companion application for additional information. Calvary Assembly of God has a congregation of 550 -600 members from 144 family units; the annual growth rate is approximately ten percent, The building will allow for that growth in general worship and various other support activities and ministries such as Sunday School, Reach Out, youth and senior citizen programs, counseling, and support groups. The site-is centrally located for the congregation which is drawn primarily - from the east metro area and the 300 -space parking lot will readily support the congregation's peak needs within City standards (one space I for every three seats) for the Sunday and Wednesday (evening) services . The traffic generated by the church will be during low intensity periods for this area which experiences retail, industrial, and through traffic. The building would be available to the city and other community groups for appropriate civic and social uses. The change in the Comprehensive Plan will signify the commitment by the church to own, use, and maintain the facility for the uses allowed the city's land use plans and regulations. The Calvary Assembly of God congregation will be a good neighbor and active in community support programs; it is reasonable to expect the members will become patrons of area businesses. The City of Maplewood is asked to support the requested amendment as an affirmation of a community -wide resource which will be compatible with the established and future land uses in Planning Area Four of the Hazelwood Neighborhood. 11 Attachment 7 Page 1 of 3 PROPOSED CONDITIONAL USE PERMIT The Calvary Assembly of God congregation requests approval of a conditional use permit for a church use in the building formerly occupied by Montgomery Ward with an office use at 2425 White Bear Avenue. The facility would be owned by the Calvary Assembly of God which plans to remodel the office structure for the church occupancy. The congregation of approximately 550 parishioners has used facilities in the City of White Bear Lake for worship and support services for many years. The congregation is growing and the proposed location is well suited for the current and anticipated growth Most of the members are from the northeast quadrant of the Twin Cities, with approximately twenty families who reside in the City of Maplewood. The Maplewood Zoning Ordinance. allows - churches as- a- -conditional use in the Limited Business Commercial (LBC) district which includes the subject property.. Approval of the conditional use permit requires a finding that the standards listed in the Zoning Ordinance have been or will be met. The following are responses to the city standards which will be met or exceeded: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City , Fs comprehensive plan and Code of Ordinances. The church will be located, maintained, and operated in the building and on the site which were designed and constructed to be in conformity with the City's comprehensive plan and Code. A companion application has been submitted to amend the Comprehensive Plan's Land Use Guide Plan designation of the site from LBC (Light Business Commercial) to C (Church). Church representatives, including an architect, have been consulting with appropriate city officials to determine the applicable current code requirements which will be met. 2. The use would not change the existing or planned character of the surrounding area. The physical attributes of the surrounding area have been shaped by the developments that have been approved by the 12 Attachment 7 Page 2 of 3 city. The use this site and building for a church which is also consistent with city plans will be compatible with and complementary to the character of the neighborhood, including the pending residential development.to the west. 3. The use would not depreciate property values. Stable and appreciating property values for the area could be expected with an occupant who is also a conscientious owner concerned that this property is properly maintained and secure. The church activities are inside the building and external features such as parking, lighting, signs, and refuse storage will be in accordance with city standards. 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 traf f is congestion or unsafe access on existing or proposed streets. Peak traf f is generation by the church would be on Sundays and, to a lesser degree, on Wednesday evenings. Congregation members who.live in the neighborhood might use local streets, but the site is most accessible from the major collector (Gervais Avenue), major arterial (White Bear Avenue), and principal arterial (Highway 36) streets planned by the city to bear the commercial, light industrial and through traffic in this area. It is reasonable to expect a marked reduction in traffic pressure in this area during the normal business periods since the peak periods will not include traffic from or to this site. 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. The quality -of -life features of the City's facilities and services were an important element in the decision to acquire this site. The church itself should become recognized as a community - oriented facility and service 13 Attachment 7 Page I of 3 that complement the City's resources. 7. The use would not create excessive additional costs for public facilities or services. The burden upon city facilities and services attributable to this property will likely be less than the former office use The demands of the church upon the City will be minimal. 8 ..The use would maximize the preservation of and incorporate the site's natural. and scenic features into the development design. The church will strive for maximum preservation of the natural and scenic features of the site which was developed for commercial use. The church has a site maintenance program to ensure the aesthetics of the property are retained. 9. The use would cause minimal adverse environmental effects . The lower traffic demand upon the site and upon the area, alone, represents a reduced adverse effect upon the environment. The church supports community -based solid waste management such as recycling and other programs such as ride- sharing and building energy conservation. The congregation is eager to become part of the Maplewood community. The conditional use permit and related comprehensive plan amendment are needed to allow the plans to become a reality. Endorsement by Planning-Commission and approval by the City Council are requested in the spirit of sound community planning and enhancement of services. 14 Attachment 8 Darrel H. Berkowitz Property Owner: 2428 White Bear Avenue Maplewood, Minnesota 55109 MAP ? 2 March 19, 1993 Members of the City Council and Planning Commission City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Re: Rezoning of Property 2425 white Bear Avenue Dear. Members of the City Council and Planning Commission: As you may know, the property owners between 11th Avenue and Castle Avenue, along the east side of White Bear Avenue, are attempting to sell their property to a developer who proposes some form of commercial development. The property owners have been considering this for at least six years and are very close to reaching an agreement. The proposal by the developer would require a change in use from Farm (F) to Business Commercial (BC). With this in mind, I ain concerned with the following: 1. Will changing the use of existing Limited Business Commercial (LBC) property to Church (C) property (west side of White Bear Avenue), decease or eliminate the opportunity to change the property on the east side of White Bear Avenue from F to BC? Z. Once the parish and members are located on the subject property (west side of White Bear Avenue) they would likely be against any form of Business Commercial development across the street from them. Then, all of a sudden, 100+ letters are written from members of the parish against such a development. 3. 10 acres of land for the size of congregation seems to be excessive. Also, I would think the. City and School District would be very concerned about the loss of property tax. The present property tax on the subject property is $119,564.72/year. I would appreciate your consideration of these items when making your decision. In summary, I oppose this proposal and I, along with other residents, would appreciate an opportunity to speak against this action at any future meetings. Thank you for your consideration. Sincerely, 4a // 6# Darrel H. Berkowitz 15 _.LT�Q��18P�F�.tloo� Ma�a_s_9�___ �FFsc� of Co n <u rtz� _ pMENr m m (7y __MY�onlc�ctt� AL3ou��. BE?aN� 0 �7'/�� ___ — �RoP�R'L`�_a_�a5"- j�1���FAa�vE. is�-�a- �¢Y�txE _NAB ✓__R� o�'("�F�aRGA1JLZnTra 1�Q (�R _QRoP�y2�_QCCti�A�Uf'�SSQ_ �En ?H e-Y Co vL p ({AUE A_GREA�K LX! cTLuF�L!c szN�4Qi�L. -rEEE eRoP�tSY oN�IiE EL> s�SrQE_ ��u�N1T� $Ec12L�i/_E�_�_s_QEVC�oBEo Tq tit �/ N_�tntnL__ AS� Y-0 u KN�,�JT ff r=4 s 'C ___ --oIj - -�.�u g T'� 't�+�R�.'�a�.l� �t�.Los�1�Q R�v_�S��t�AT'L�_�_P_v_.La��_6.N Qom. - �'L!� G �Q _l l �! ��� � ROES Ca N O.MO WAL �'�E.: �!'�_��l . �I� A17-Tff EY _ U/euLD _pE VE Lo �:- 7 N�L[K� (K(-TAq 6- <D 7M N'. � A'C= A_'��N � �k��E.��LNi_�-2 �_f� vE_: -�' 6 -- ---- -- 43--�� You--. MJ UJ/4(-rc (3CA __ __— __- -_ - - -, - -N1 APLE.Wc 16 Attachment 10 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Mr. Scott Montgomery (for the Calvary Assembly of God Church) applied for a change to the City's land use plan from LBC (limited business commercial) to C (church). WHEREAS, this change applies to the property at 2425 White Bear Avenue. WHEREAS, the history of this change is as follows: 1. The Planning Commission held a public hearing on June 7, 1993. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve the plan amendment. 2. The City Council discussed the plan amendment on June 14, 1993. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change for the following reasons: 1. A church would have less traffic impact on White Bear Avenue than an office building, 20 A church would be just as compatible as an office with the existing and planned land uses around this site. Adopted on June 28, 19930 17 Attachment 11 Page 1 of 3 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Scott Montgomery (for the Calvary Assembly of God Church) applied for a conditional use permit to open a church. WHEREAS, this permit applies to 2425 White Bear Avenue. The legal description is: g That portion of the West 1/2 of the North 1/5 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 11, Township 29, Range 22, lying west of White Bear Avenue, except that part thereof which lies easterly of a line run parallel with and 85 feet westerly of the following - described line: From a point on the West line of said Section 11, Distant 718.7 feet south of the West 1/4 corner thereof, run westerly at an angle of 900 30 with said west section line (measured from south to west) for -- 204 4eet; thence- deflect to the right at an angle of 900 00--1 for 37.5 - feet to the point of beginning of line to be described; thence deflect to the right at an angle of 90 00 r for 260.4 feet; thence deflect to the right at an angle of 30 12 for 394.21 feet; thence deflect to the right at an angle of 49 ° 14 " for 308.85 feet; thence deflect to the right at an angle of 200 30 , for 443.06 feet; thence deflect to the right at an angle of 370 32 for 375.94 feet; thence deflect to the left on a 40 30 , f curve (Delta angle 240 48 ") for 551.11 feet and there terminating; and The East 711.88 feet of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 29, Range 22, except that part thereof which lies easterly of a line run parallel with and 85 feet westerly of the following - described line: From a point on the west line of said Section 11, distant 718.7 feet south of the West 1/4 carver thereof, run westerly at an angle of 90 30 r with said west section line (measured from south to west) for 204 feet; thence deflect to the right at an angle of 90 00 " for 37.5 feet to the point of beginning of line to be described; thence deflect to the right at an angle of 90 ° 00 1 for 260.04 feet; thence deflect to the right at an angle of 3 ° 12 for 394.21 feet; thence deflect to the right at an angle of 49 ° 14' for 308.85 feet; thence deflect to the right at an angle of 200 301 for 443.06 feet; thence deflect to the right at an angle of 370 32 for 375.94 feet; thence deflect to the left on a 40 30 curve (delta angle 240 48 ") for 551.11 feet and there ternunating, all according to the U. S. Government survey thereof. Less that portion. of the above property conveyed to the County of Ramsey, including the right of access to White Bear Road, in connection with condemnation action filed by the County of Ramsey, State of Minnesota vs. Broome Energy and Properties, Inc. et al in the District Court, Second Judicial District, County of Ramsey, State of Minnesota - File No. 463842. W Attachment 11 Page 2of3 WHEREAS, the history of this conditional use permit is as follows: 1. On June 7, 1993, the Planning Commission recommended that the City Council approve this permit. 2. The City Council. held a public hearing on June 14, 1993. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning. Conunission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the Cites 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 g � g or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air ollution a , draina water run - off , p g� 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 existin g or proposed streets. P p 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 minunal adverse environmental effects. 19 Attachment .11 Page 3 of 3 Approval is subject to the following conditions: 1. All construction shall follow the plans that the City received on May 3, 19930 The Director of Community Development may approve minor changes. 2. The proposed construction must have substantially started or the building must be used for a church within one year of Council approval or the permit shall end. The City Council may grant up to one one -year extension of the permit.. 3. Fill the potholes in the parking lot and driveways. 4. Sweep and restrige the parking lot to current City Code requirements. S. Remove and clean up the old tires, junk and garbage on the property. 6. The church recording a deed with Ramsey County for five additional feet of right -of -way for White Bear Avenue at the northeast corner of the site. The church must record this deed within sixty days of getting fee title of the property. The County Traffic Engineer must approve this deed before the church records it. 7. Screen any outside mechanical equipment, as required by Code. 8. Remove the curb blocks and construct concrete curb around the parking lot perimeter, as the City Code requires. The church may complete this work with Phase II of the construction and shall have it done within three years of City approval. 9. The City Council shall review this permit in one year. Adopted on June 28, 1993. 20 Maplewood Planning Commission Minutes of 6 -7 -93 Commissioner Frost moved the V 1994 -1998 Capital Improvement Commissioner Pearson The motion vasm -2- ing Commission recommend approval of the Allenspach, Anitzberger, Fischer, Frost, , Kittridge, Pearson, Rossbach, Sigmundik Nays- `Axdahl, Martin B. 7:30 p.m,, 2425 White Bear Avenue (Calvary Assembly of God Church) : Land Use Plan Change and Conditional Use Permit (Section 11) Ken Roberts, Associate Planner, read the public hearing, presented the staff report and answered questions from the Commission. Mike Smith, 1254 South Birch Lake Blvd., White Bear Lake, the pastor of this church, said they would meet the code regarding any requirements for a dumpster /storage area for trash. The public hearing was opened for comments from the audience. Darrel Berkowitz, representing his mother who lives at 2428 White Bear Avenue, spoke in opposition to the proposed change in the land use plan designation. Mr. Berkowitz feels the land use plan should remain with a commercial designation and in the future the east side of White Bear Avenue should also be used for commercial development. Mr. Berkowitz suggested the City study the entire area regarding traffic and land use plan and zoning designations. Since there were no further comments, the public hearing was closed. Commissioners Rossbach and Pearson spoke in favor of keeping the east side of White Bear Avenue residentially zoned. Commissioner Martin moved the Planning Commission recommend: A. Adoption of the resolution which changes the land use plan for the property at 2425 White Bear Avenue. This change is from LBC (limited business commercial) to C (church). The City should approve this change because: 1. A church would have less traffic impact on White Bear Avenue than an office building. 2. A church would be just as compatible as an office with the existing and planned land uses around this site. B. Adoption of the resolution which approves a conditional use permit for a church at 2425 White Bear Avenue. The Council should approve this resolution based on the findings required by the City code and with the following conditions: Maplewood Planning Commission -3 Minutes of 6 -7 -93 1. All construction shall follow the plans that the City received on May 3, 1993, The Director of Community Development may approve minor changes. 2. The proposed construction must have substantially started or the building must be used for a church within one year of Council approval or the permit shall end. The City Council may grant up to one one -year extension of the permit. 3. Fill the potholes in the parking lot and driveways. 4. Sweep and restripe the parking lot to current City code. requirements. 5. Remove and clean up the old tires, junk and garbage on the property. 6. Record a deed to Ramsey County for five feet at the northeast corner of the site for White Bear Avenue right -of -way. The County Traffic Engineer must approve this deed before the church records it. 7. Screen the outside mechanical, equipment, as required by code. 8. Remove the curb blocks and construct concrete curb around the parking lot perimeter, as required by code. Provide storm sewer and storm sewer inlets in the parking lot, as required by the City Engineer, 9. The City Council shall review this permit in one year. Commissioner Frost seconded Ayes - -all The motion passed, VI. NEW BUSINESS A. Conditiohal,,U se Permit Revision: Carefree Cottages of Ma�Vro od (Section 10) Ken Roberts, Ass ' to Planner, presented the st eport. Commissioner Gerke suggested the sidew be constructed on th est side of the Cottages site to the City park site. Commissi er Rossbach ed if the sidewalk could be constructed on the south side of Gervais A nue. Haider, Director of Public Works said the north side of the street seems more cal since the Cottages site, shopping center and City park are all on the north s' e of aa Avenue. Mr. Haider explained the history of Gexvais Avenue and w t is projecte or this street in the future. The applicants were present at meeting, but did not ' h to address the Commission. Chairperson Ax asked for comments from the public. There were none. I -2 AWAITING INFORMATION FROM CITY OF BU .. RNSVILLE AND LIQUOR CONTROL DIVISION Post4t - brand w Fax Transmi ft alMemo 772., .. _ ._._ ....Y�.... _................w,...._._._ ..._..._..� «.._................ _..�__.�..._... Fro m parTy comp" 4' 04 0-1X rfo. of Qsges TY� base - runs /�... /- ••.Y•• -. w_..Yw- .Y.�:_.►. �rY_... -� .....N_•r- .MV�..Y/+�..•»s_..'q I•R!i•A.V.�I a.aea#ion -Dept. 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I T . • • . • • . i._� • � � R _M. ♦ r.� ....►.._.... .._�• _ ' •.Y.I.rI.M.Mi...r_ _ .._.... • ♦ ..... • CITY OF BURNSVILLE Li cense Period: July 1, 1993 - June 30, 1994 - Liquor License Holders Certification Ci ty of Burnsvil County of Dakota i Licensee Name: Wi.n3a.nd Associa -tes Trade Name or OBA: (Dh=M$OiM, Partnership, ' Burn i -Ile Champps -------------------- ... — _ — _ — _ — — — — — _ _ — — — — _ — — — — _ _ — _ _ _ _ _ — �•w _ -- __ _ _s — ••.•'•. _ •. w — _ Business Location (Lice sed Premises) : - - fv Burnsville, MN 55337 On-Sale/Sunday On -Sale Off -Sale Wine On-Sale 3: 2 On-Sale 3.2 Off-Sale _ _---------------------------- -------------- ---------- ------------- ----------- If a Partr�Prchir� � ; . #e the Name and Address of Each Partner; If a Corporation, State the Name and Address of Each Officer. Partner /Q Name Address S41ieco, -.nc. 3050 Mul t•i.foods Tower, 33 So. fth Stre M_ ±=aa.�r.0 MN 55402 Partner /Offi cer Name Address Two J' s , Inc. 3050 Mul Tower, 33 So. 5th S t-=e :Mznn+eavt�lz.s, MN 55402 Partner /Officer Name (see a-t Address s -heet : or officers iof Two U' s , nc. and SaIii Inc. ) Partner/Of fi cer Name Address Partner /Officer Name Address ON -SITE OPERATING MANAGER Address Scott A. W:Lner /Q 4275 Rosewood Lane Ply=outh , MN 5 5 4 a 2 et et i iCI CLJI �vy=CL - ana U TT Z rm unaer - L ne pens i ti es of perjury th at all of the information provided above is true and correct. Subscri bed n Sworn to Before WTN LAND AS , GENF. -RAL PART. NERSEIP M this day • Jr L Holder (Company Name) 1993- BV * ' ef~o Inc M-ts General 3>a= - U v _ - tary Public License Holder R rese tati ve sco A _ W Nr-Q -/-A rrLD _ County, � a.ner State of :+President- MY Commission Expires Title W W LAA a 1200 TT. Co. Rd. 42 a KA RLA M. WILSON � Eurn s zri 1 Ze '�T 5 5 3 3 7 At . 898 -5050 V V• NOTAR .F'U .4; a ~�` L - MD "`� Address Phone No_ _ R e `' ^ �y My yy C r cl= � +v.I _" � . . }--ti r . Una y7� 7337 � V W r TOO QI allIA AO 2UIO r0fr 969 ZT9 YVA TT VT V6 %Cz /99 C_ I ti IMP00 %bodo 100 C ivic Cerder Pwkwa - Burr%Mfle, Minnesota 55337-3817 5,200.00 No. 92—ON-4A �_J,� �_: ICENSE is her eb ■ to =�_. Vitte WintaAd. Aszocjate,6 dba Champ p4 Bu)t" 4.. rr TO SELL- "ON SALUSU N DAY aN SALE A W. for consumpfion on the premises located at ~�`' Stz AI 1200 Wezt CouYLt 42 in the Cit of Burmsville, Minnesota for the period commencin Jul 1 19 92 and terminating June 30 19 93 at midni rminatin --- This license is g ranted s to all the provisions and conditions of the ordinances of the Cin of Burnsville and the laws of the State of Minnesota, and of the federal g overnment pertainin to SUU1 sale, did is ie fui- an violation thereof. toot tmn3fcmb1c. Issued b authorit of the Burnsville Cit Council 6 1m) 1A M" 78 Attest allIA-9 JO AID 92 Mar 01 Cielk Focm 43100435 f0ff SH N9 YVA Z T : C V6,icz .`90 0 X X "I'DR $ hiAB$ Two � S , Inc Scott Winer S al i e co Ino Scott Winer B oth Two V Inc. and Sal ' eco Inc. are w holly - foll owing i.n vi d�u � , owned b� the als: N orman H. W * ne S tT f, f Barbara J. Patchen Scott A Winer to /VD 1 =IA 40 UI. -) f0 f SUS' ZT4 XV3 TT VT �' , V(,: 90 uu 23.• 9 3 13: 48 FAX 612 895 4404 CITY OF B -VILLE (�j t:►C�1 • CITY OF BURNSVILLE License Period: duly. 1, 1992 - June 30, 1993 Liquor Li cense Holders Certification City o f Burn Counter of Dakota L i censee H Tr ade Name or DBA_ (Ind Partnershi orporati C / ��es :>F!S_ 1 L /I - JZ Business Location (Licensed Pr D , Burnsville, MN 55337 r - _ r a r �..�► a r a .+► _. _ �... .� .�. r.• �w - - - _ - w a r a w w a w �. - - � - - - - �r �r - r - - - r � � ._ - � w - w - - - � - r _ -- - ._. _ _ _ � �. - - r - _ a ... _ . - _ � - L-I c ' On -S Sunday 0n - Sale Off -Sal a Wine On 3- On -Sale Cl ub 3.2 Off- If a Partnership, State the Name and Address of Each Partner; If a Corporation, State the Name and Address of Each off i cer _ Partner /Offi Name. Address Partner /Offi cer Name T Address uAoo Partn er/Offi cer Name Partner /Offi Name Partner /Officer Name Address Address OPERATING MANAGER Address I hereby swear and affi under the pe nalties of perjury that all of the information provided above is true and correct. �- Subscribed nd Sworn to Before this day of q1cense Hol der Co n Name L � y . 199 �;. IN.ar Pu i c License Holder Representative County, Stake of ��v My Commissi Expi Title it r7 f to- W-MoDi SEW r r P '�/ T Z �. 7a 9 0 w. �o. �� y� 918 S sv A ddress Pho No. Post -it"s brand fax transmittal memo 7671 it of pager, ► l Ta kk , � fl Ft�om. Ca (! ,4, o � Fax # n .TUN -23 -19 93 13: 41 FROt%1 MN L I QUOR CONTROL TO 97704506 P.01 QS 9011 (11-89) '•r MINNESOTA DEPARTMENT OF PUBLIC SAFE LIQUOR CONTRO D IVISION ROOM 440 333 S IBLEY ST. ST. PAUL, MN. 65 10 1 PHONE 612-296-6159 CERTIFICATION OF AN ON SALE AND /OR A SUNDAY LIQUOR LICENSE P I ISSUING AUTHORITY ( Check only one) CITY OF Burnsville COUN'T'Y OF {.ICIENS£E NAME (INDIVIDUAL., PARTNERSHIP, CORpoRATtow TRADE NAME OR DGA W:Lnland Assoclates Champps of Burnsville BU;;;' `SS ADDRESS CITY 21P X200 .West County Road . 42 Burnsville 1 55337 UCENSE TYPE (CHECK ONE OR 80TH) LICENSE PERIOD COUNTY ON SALE ? * SUNDAY FROM J t21 y 1 I 2 TO J M n 4 3Q% 19 atho t at 1 N SALE LICENSE NUMBER ON SALE FEE SUNDAY LICENSE NUMBER SUNDAY FEE BUSINESS PHONE If o Porrrrrihin. Sid :w Thy fUsrno on rf dr rtrgso of Eprh WlkKr►or: It s r_orpornition, Stato tho NOMO Ond Addro*o of E4oh CHf oor_ PAR 3 R fKA ADORES£ Alden Landrevllie , 3.884 Stockdal.e Dr Vadnais. Ht s PAR ADDRESS - co ner 4555 Glaci Lane, Plymouth ADDRESS The Ucensee must have one of the following: CHECIC. ONE A. Liquor Liability Insurance (Dram Shop) -- $ 50,000 per person; $1 00.000 more than one person; $10,000 property destruction; $ 50,000 and $1 00,000 for loss of means of support. ATTACH "CERTIFICATE OF INSUR- ANCE" TO THIS FORM S. A Surety bond from a Surety company with minimum coverages as specified above in A. OR c. A cartificato from the Stato Troacuror thot the Lioamaeo kas deposited with the Otate, Trust runds I•.&v: a market value of $1 00,000 car $'1 00,000 In cash or securities. I CERTIFY THAT THIS LICENI E WAS APPROVED IN AN OFFICIAL MEETING BY THE G OVERNI NG BODY OF THE CITY OR COUNTY . ..... ,. „` .� Given Under My Hand and the Corporate R`�ClTY_UNTY Seas this day of '19 r '•5�,�L --' CIArk of Auditor Dialing the past license year has a surnmons been issued under the Liquor Civil Liability Law (DRAM SHOP) ? 0 YES Ei NO If yes. attach a copy of the summons. C THOS ITEMS T HAT APPLY tRAN"(44,0N TYPE 0 NEW 0 R DATES SVSPENSION IR RENEWAL. © TRANSFER 0 SUSPENS FROM To DATE OF REVOCATION/CANCELLATION ADDRESS CHANGE FROM TRANSFER OF OWNERSHIP FROM (NAME AND. ADDRESS) � �. t •. t O N. IMPORTANT NOTICE ALL RB'TAIL LIOUOR LICENSEES MUST HAVE A CURRENT FEDERAL. SPECIAL OCCUPATIONAL S'C'AMP. THIS STAMP 19 ISSUED W( TH BUREAU OP.-ALCOHOL FIREARMS AND TOBACCO. FOR INFORMATION CALL 612 -2$0 -3496. j It-1 1'= it 13:42 FROM MH LIQUOR C tNTROL TO all A C Q R 0 C E R Y I F I C A T E O F 1 H S !t R A M C • wlLrr . . ,.. ; SSL3E DATA (:�.i"!C / Y':: .. - gRODUctlt J ��- , PERI00 INDICATED. NOTWITHSTANDIHC ANY REQUIhEMEKT, tNiS CERTIFICATE. is Isst A$ A MATTER � � ihF0RMA7 Q GHIS CERTIFICATE XAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOMM BY THE FQLjG1E Q�SC RTRF n MF ?FIR 41 1'"7 FERS KO RIGH UPON THE. CERT IFICATE. HOLDER.. T aAU I�� TAR INC BY PA: A lb, ExrocNS eat ALTER TXE �.uvt� Ar r�stoE:• 3 TrE - ::c: : • �' ' 261 UN I VERSY TY AV E, STE 200 _ .. OENERAL LIABILITY c0X P AXIi3 AFf0RD X C ' S7 PAUL $w 551%_ +COMPANY ; } . PRCO- Com /Q AOCREW.: s i LV IE A PARK OLEN uXIIIAL . CCK* sub -Code :MANY o i ..._..�...... - FIRE DAMAGE ;Ui►E LETT" a MAO EXPENSE (owe osRSaw:: IWSURED 1LE LIAR C:OWANY • c . LIMIT . LETTER C ' O"PS OF SURNSVI LLP ALL WNED AUTOS COMPANY SCHEDULED AUTOS hE) WmAND AS= I ATFS I ld"I (PER PEAS) L @TM 0 � SCO i LY INJURY 12 SST COIJNYY Rw 42 )M -WRE AUTM CWAHY GARADM LIABILITY BURNWILL.E MR 5533!'- LE TTER E . COVERAGES THIS *Is TO CERTIFY THAT TRR POL OF I HSU RANME LISTED SFLt�. !�A�- 4�EY. -- ? �::Ubr •T - *. HE- ; tiSL'`RE.*.• - 'AEG ',:3i:v "' ���" J ��- , PERI00 INDICATED. NOTWITHSTANDIHC ANY REQUIhEMEKT, TERM GR. C09DITIQN OF ANY COVTRACT C1t OTHER D4CtM %cvX !Tli GHIS CERTIFICATE XAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOMM BY THE FQLjG1E Q�SC RTRF n MF ?FIR 41 1'"7 T[h l0, ERCLU31ORS A146 CONDITIONS OF SU�n POLICIES. LIMITS S MAY HAVE 3EENt REDUCFt BY PA: co $VLICT POL LIP. TYPE OF 1 NSURARCS POLI NUMBER EFF DATE EXP D OENERAL LIABILITY GENERAL AGCREZA :`E ; } C" ICNERAL L IABILITY PRCO- Com /Q AOCREW.: s i CLAIMS MADE OCCM PEAS & ADVERT S, WA ;N• ;S . t WAR S& COINTRCTR' S PROT EACH OCCURREK E o i ..._..�...... - FIRE DAMAGE ;Ui►E I MAO EXPENSE (owe osRSaw:: 1LE LIAR C" TRED sINXA.E c LIMIT . ANY AUTO ALL WNED AUTOS BODILY , RJ URV SCHEDULED AUTOS hE) (PER PEAS) N IRED AVT � SCO i LY INJURY )M -WRE AUTM (PER ACC) GARADM LIABILITY PR t' FRTy r.01 Y a EXCESS LIABIL s : EACH OCCURRENCE ' . I tWRELLA PORN AGGRECAT! , c ( 7 OTHER THAN UMBRELLA FOR : ? S TATUT ORY L I.M11S KER I S CIXPF# SOT 1011 tt► AL4 3 Ut2'1 i u AUD 01SE ASIP•Poi,IC Y LIMIT S 1 I EMPLOTER' S LIABILITY DISEASE-EACH E PL.oYFE S oTHEIt A LIOVOR LIABI LITY MXLL920250 07101/92 07/01/93 IEEE K Lc'.t c ter► ��...r�•rw wr�.�w� �......� �w� ..� . 0ESCRIPTICW OF MEW 10RD /L02A71093/ 1 fflNIELf SjSf PC VAL i Tfny SWII,000 ROD ILY INJURY EA PERS /S 500,000. 200ILY ;NJURY EA COMM CAUSE 5500,000. PROPERTY DAMAGE EACH CC MMON CAUSE 5500 , LOSS O MEANS OF SUPPORT EA PERSON/$500 LOSS OF MEANS OF SUP PORT EACH COMMON CAUSE/S5Q0,000. AGGREGATE —CERTIFICATE HQLOER HCELLAT I Ok. ..- r....- ..,,, -... YNQULD my OF TIDE ADVE 62SER I SEC PD1 C iFk SE ::.::• ,,w ".:�.. • :•. GITT Of MMNSY 1 t IF 1 1HE LPAP I IUIT Z ON &ATE T kLkrvr � # ;sc : 5 su: NC 100 CIVIC CENTER PARKWAY =MAIL 10 DAYS WRITTEN NO TICE TO THE CERT: F' Sic. it NAMED TO THE LEFT ► � ��4 �5�0�1�"Dti�.h':�.�f •�'���A 'Ju BURNSVI LLE M N 55337• F�'f ��. r � •���- � �" ••c- . RN AL TIVA1 RFSENTAT I I±E ..�.r.�•N -�. - +- ACDRD 25 -S (7/90 .. r Q r.�p .... •a .a e' lie TOTAL P • 0 _ T -I MEMORANDUM Action by Council:, TO: City Manager End ®rse FROM: Environmental Health Official Modifie SUBJECT: Sanitary Sewer Connection -2442 Keller Parkway . -- Rejecte DATE: June 21, 1993 D ale INTRODUCTION In October of 1991, the City finished the Keller Parkway sanitary sewer project. The City sent a letter to all affected property owners. The letter stated that the owners had one year to connect to the sewer. The City Code requires that property owners connect their homes to the sanitary sewer within one year of availability (Section 28- 41(a)). All homes, except for 2442 Keller Parkway, have now been connected to the Keller Parkway sewer. DISCUSSION The City has contacted one of the property owners and occupants, Diane Lorenz, several times by letter and in person as to the options available to her. She has not initiated any action, such as requesting a variance or that the City assess the costs to her taxes. She has said that she cannot afford to have the work done herself. The City Code allows the City to have this work done and assess the cost to the property if the owner has not complied within one year. Since the property is within the shoreland district and all other affected properties have already connected to City sewer, the City should have this work done and assess the costs. RECOMMENDATION Approve the attached resolution. This resolution directs the staff to have 2442 Keller Parkway connected to the sanitary sewer. go \b -4: Keller.mem Attachment 1 8 0 N 'Wow **.e. mulmooloom SEAM M�. 49K *0 00, 0 w ci 2 Xof*"on Lu KOHUAM 2640N I PLAZA CVt @ sl :3 2 ALVERADO OR PALM (3 3 Be UMEST OR 9 L�t 71 co CONNOR AVE I.- NO AV 3 . 0 ' ToP � q, W O r ols 2400N GM"�s AVE. i- ,� t ..... ti ... lb, . :,... � v COPE LARK VIKING OR Woe �} U o . :� � W �'i 69 0. � w O � � CO. R0. / � � � � v � .� LAURIE CT. � IEt�WO RD. v JUNCTION AVE b BMW Cf. 7 � Z �oRlocE (') CHAMBERS sr (I � AVE E. p �� AV � �' U1. �j oeh��i�. � g�µorrr (,� �u S 1-1 RS ° � K � G� SKILL � �,, s! � i % A6W AV. AV E AVE. W SKILL O KENW 000 � SHO tn & cr. W m O I nv � _ � I � � o n LOCATION MAP .Q N Z Attachrent 2 • .53 arc ti a 9 s4.3 (1 • pro 4z&) CONNOR e 130 I .8b Q 43 39 .•yo 21%. ♦'- cn 4 ' .b 40 10 •A3 • (� • (441 °� I a M h ( �aZ to `'� ft* 09 ♦ 16 lie ♦ 9 y f 7 � P 19a. � a so .!?6 ac . •� � �s. os iai.oe o 0 a .0 4 r' J W � - `�� IJ 10 j I t °1 9 ... �.. t9 ♦ a Z Q K �... 3' •' j.. 280• 7 .47ac. • • i 3? • } d o. 24 oft p W-j Z Z �, DEM ONT" \9 . 94oac. a. z . s. m (r N i I UJ 1. 4 W Z 0 w s p S ( �3� 1 a/ 23 4 d 41M 22 9 W f! Q __ sz9.81 /s9.et o.a4 t g.g loo to (��► Z 03, 0 X150 p Lu . 61 ?. (/4) 451 - 1 +1 A :j 03 w . e 2464 C O 3 3 c e� c a t } 30 N 24 2 2424 L -� • ice Imo. w .42 �� w.. ► w cli ''� d t. G 3 �.c • •• �� I. 199.10 �� ► (5-00 a..) 1.47aC. N (2P W �� + �. .� TOTAL G.47a.c. W :0 �� �rj3 1 409.10 i 1. 1► Q � 0 ♦ '� \� J 855.0 ` a r ' SPOON LAKE `S PROPERTY LINE MAP 4 N 3 SANITARY SEWER CONNECTION RESOLUTION Whereas, the City finished the Keller Parkway sanitary sewer project in October of 1991; Whereas, the City sent a letter to all affected property owners. The letter stated that the owners had one year to connect to the sewer. Whereas, Section 28 -41(a) of the City Code requires that property owners connect their homes to the sanitary sewer within one year of availability; Whereas, all homes, except for 2442 Keller Parkway, have now been connected to the Keller Parkway sanitary sewer; Whereas, Section 28 -44 of the City Code allows the City to have the sanitary sewer connection made if the property owner does not do so within thirty days of notice; Whereas, the City has notified the property owners as required by law. Now, therefore, be it resolved by the Maplewood City Council that the City staff shall have sanitary plumbing and sewer connections made to 2442 Keller Parkway. Approved on June 28, 19930 AGENDA NO. Q '0025�0 -a AGENDA REPORT Action by Council,. TO: City Manager Endorsed. FROM: Assistant City Ma G olvn � � k\ Modified g ]Reje RE: REQUEST FOR CHARITABLE GAMBLING FUNDS Date, Now DATE: June 17, 1993 INTRODUCTION This is the second quarter of charitable gambling requests. Only one request has been submitted. The request is being made by the North St. Paul /Maplewood Girls Basketball Association for $5,010 for uniforms and equipment. The request is presented for your review and consideration. BACKGROUND The City Council established a charitable gambling policy of not funding organized athletic groups. The City Council considered it an activity which should be supported by participants or community service groups. In addition, there are too many athletic organizations for the City to adequately and fairly fund. Based on this policy, the City has not funded requests from the Tartan Fast Pitch Booster Association and the Spartan Wrestling Club. This request from the North St. Paul /Maplewood Girls Basketball Association is presented to you for several reasons. After submitting his request, Mr. Bucher was informed of the City's policy. However, he asked to personally address the City Council about the application. In addition, Mr. Bucher feels that this is a one -time contribution of money for uniforms and equipment - a start -up cost that, if funded, would put this organization on equal footing with other established athletic organizations. This type of request differs from previous applications for operating expenditures. Lastly, Mr. Bucher feels that there is currently an unmet need in the community for girls basketball, and the funding of his request would help him meet that need. There is currently $122 ,800 in the charitable gambling fund. RECOMMENDATION It is recommended that the City Council review the request and make a determination for distribution. tmc Attachment rcq �. f Thomas A. Bucher 2618 En is Maplewood, MN 55109 April 5, 1993 Dear Council Members, On behalf of the North St. Paul/Maplewood Girls Basketball Association Board of Directors, I am requesting that you consider a contribution to revitalize girls basketball in our community. Over the past three years, one man worked diligently to bring girls traveling basketball to this area. Prior to his arrival no such venue was available to girls in Maplewood. The park programs and our middle schools attempt to prepare girls for competitive ball, but the results indicate shortcomings. Doug Taubman, Maplewood Park and Recreation Director, has told me that there is a great need for this type of program. Furthermore, Doug stated that this area is five years behind North Tartan Girls programs and even further behind those of the south metro communities. The program initiated by Paul Krahn has been assumed by a group of concerned, ambitious and determined parents. These parents were concerned enough to band together, ambitious enough to form and operate a registered non - profit organization, and determined to see this program continue and grow. By establishing a broader base and drawing from a more involved membership, we feel as a group that we can avoid the pitfalls encountered by Mr. Krahn. However, we need a cash infusion to jump start the program. We have money generating events planned for the future such as a garage sale in April and a basketball day camp in August, but even the most optimistic projections fall short of our initial needs. For the basketball season of 1993 -94, we will be putting five teams on the court, one each from the 5th through 9th grades. Projected costs are as follows based on twelve players per team. Coaches time is donated. Practice Tournament & Additional Team Uniforms Balls Jerseys League fees Practice Times 5th 660 240 102 725 50 6th 660 240 102 850 50 7th 660 240 102 1325 75 8th 660 240 102 1325 75 9th 660 240 102 1450 100 Totals $3300 $1200 $510 $5675 $350 The combined equipment costs total $5010 while playing costs total $6025. Based on 60 participants, the playing costs per player are approximately $100. This would provide an affordable opportunity for families in Maplewood. However, if all costs were incurred by the lrst year participants, it would be a hardship for some and a deterrent for many more. We, as an association, do not want nor expect the City of Maplewood to subsidize this program on an ongoing basis. We would however, hope that you would give serious consideration to a one time contribution for uniforms and equipment. We are asking for your support and hope to hear from you soon. If you have any questions regarding this matter, please don't hesitate to call me at 484 -4510 , Mrs. Pat Frank at 770 - 3647 or Mr. Barry Engeldorf at 483 - 5014. Re ctfully sub 'tted Thomas A. Bucher North St. Paul/Maplewood Girls Basketball Association Co -Chair Fundraising Committee _3 AGENDA NO. TO: City Manager FROM: RE: DATE: Finance Director AGENDA REPORT Action by Council el Endorse Modifie ..,.. „ Rejecte Date 19941998 CAPITAL IlVIPROVEMENT PLAN (4 VOTES) June 21, 1993 PROPOSAL It is proposed that the 1994 -1998 Capital Improvement Plan be formally adopted with a strong commitment to follow the construction and financing schedule in the C.I.P. for public works projects. BACKGROUND The Capital Improvement Plan is a planning tool used to identify needed capital projects and to coordinate the timing and financing of projects. Capital projects for the Maplewood C.I.P. are defined as major equipment purchases and construction projects costing in excess of $50,000 and all park improvement projects. The 1994 -1998 C.I.P. replaces the 1993 -1997 C.I.P. that was approved by the Council on July 13, 1992. Projects included in the first year of the C.I.P. will be included in the Proposed 1994 Budget. This year again it is proposed that the C.I.P. be formally adopted by the Council. As part of this adoption process, a strong commitment to follow the construction and financing schedule for the 1994 public works projects on pages 1 -8 and 1 -9 in the C.I.P. is needed.. This will allow the City's engineering staff to be fully utilized and will minimize the need for consultant engineers. Also, it will facilitate Finance Department planning for the 1993 bond issue which will finance the 1994 public works projects. Consequently, a public works project to be constructed in 1994 must be included in the C.I.P. to facilitate the engineering required for the project. Projects not scheduled for 1994 in the C.I.P. will be delayed to 1995. ACTION REQUIRED Council adoption of the attached resolution. Since the C.I.P. is part of the Comprehensive Plan, it requires four votes for adoption. The Planning Commission reviewed the C.I.P. at its June 7th meeting, and a copy of the minutes is attached. lz CMADOPT.AGN Attachment RESOLUTION WHEREAS, the 1994 -1998 Capital Improvement Plan coordinates the timing and financing of major equipment purchases and construction projects, and WHEREAS, the 1994 -1998 C.I.P. is a planning tool for City staff and elected officials, and WHEREAS, it is important to follow the construction and financing schedule for the 1994 public works projects on pages 1 -8 and 1 -9 in the C.I.P. in order to fully utilize the City's engineering staff and minimize the need for consultant engineers, and NOW THEREFORE, BE IT RESOLVED, that the 1994 -1998 C.I.P. is hereby adopted as a planning document, and BE IT FURTHER RESOLVED, the construction and financing schedule for the 1994 public works projects on pages 1 -8 and 1 -9 in the C.I.P. will be followed to the greatest extent possible. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA JUNE 7 1993 I. CALL TO ORDER Chairperson Axdahl called the meeting to order at 7 p.m. II. ROLL CALL Commissioner herry Allenspach Commissioner o ger Anitzberger Commissioner L ter Axdahl Commissioner Lo aine Fischer Commissioner Jac Frost Commissioner Gary Gerke Commissioner Kevin 'ttridge Commissioner Mary artin Commissioner Gary Pe rson Commissioner William ossbach Commissioner Marvin Si undik III. APPROVAL OF MINUT A. May 3, 1993 Commissioner Fi Commission igmundi The motion IV. APPROVAL OF AGENDA Commissi er Fischer moved a] Co 'sinner Martin seconded The otion passed. V. PUBLIC HEARINGS Present Present Present Present Present Present Prese Pres nt Pr sent resent Present approval of the minutes of May 3, 1993 as submitted. ed Ayes - -All of the agenda as submitted. Ayes - -all A. 7:00 p.m., Capital Improvement Program Secretary Olson presented the staff report. Dan Faust, Director of Finance, gave a presentation on the Capital Improvement Program and answered questions from the commissioners. The hearing was opened for comments from the public, but there were no comments. Commissioners Axdahl and Martin objected to funds for the community center trails coming out of other capital improvement funds and not included in the community centers total costs. Maplewood Planning Commission Minutes of 6 -7 -93 - 2 - Commissioner Frost moved the Planning Commission recommend approval of the 1994 -1998 Capital Improvement Program, Commissioner Pearson seconded Ayes-- Allenspach, Anitzberger, Fischer, Frost, Gerke, Kittridge, Pearson, Rossbach, Sigmundik The motion passed. Nays-- Axdahl, Martin B. 7:30 p.m., 24 White Bear Avenue (Calvary Assembly of God Church): Land Use Plan Change a�d Conditional Use Permit (Section 11) ,. Ken Roberts, Ass ciate Planner, read the public hearin , presented the staff report and answered que ions from the Commission. Mike 'th, 1254 South Birch Lake Blvd., White Bear L e, the pastor of this church, s 'd they would meet the code regarding any requir ents for a dumpster /storag area for trash. The public hearing was opened for comet nts from the audience. Darrel Berkowitz, representing his mother wh lives at 2428 white Bear Avenue, spoke in opposition to th proposed change ' the land use plan designation. Mr. Berkowitz feels the land us plan should re am with a commercial designation and in the future the east side o white Bear A enue should also be used for commercial development. Mr. Berkowitz uggested th City study the entire area regarding traffic and land use plan and zoning esignatio . Since there were no further comments, the public hearing was closed. Commissioners Rossbach and Pea o spoke in favor of keeping the east side of White Bear Avenue residentially zoned. Commissioner Martin moved the lan�ii A. Adoption of the resolutio hich 2425 White Bear Avenue This chap to C (church). The City hould app Commission recommend: ,es the land use plan for the property at is from LBC (limited business commercial) this change because: 1. A church would have less traffic im,act on white Bear Avenue than an office building. F ` 2. A church wouFd be Just as com atible a an office with the existin and P ,_ g planned land ses around this site. B. Adoption of the, esolution which approves a conditional use permit for a church at 2425 White; bear Avenue. The Council should approve this resolution based on the findings required by the City code and with the following conditions: AGENDA ITEM. AGENDA REPORT TO: Cit Mana FROM: Cit En SUBJECT: Sterlin Street—Public Improvement Petition DATE: June 21, 1993 Action b Council: Enaorserl Modif ied-- Rejected Da t Attached is a le petition representin more than 35 percent of the fronta alon the proposed improvement. The petition is for a short peice of street a little more than 400 feet lon If a feasibilit stud is ordered, it would be done in-house. The estimated cost would not exceed $1000. It is recommended that the cit council order a feasibilit stud and establish a bud of $1000. KGH j W Attachment RESOLUTION • ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct Sterling Street and appurtenances from Valley View Avenue to Schaller Drive and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Furthermore, funds in the amount of $1,000.00 are appropriated to prepare this feasibility report. We, the undersi do hereb petition the Council of the Cit of v , Maplewood to: improve and complete with all necessar utilities that section of the roadwa from Sterlin Street to Schaller Drive which now is currentl uni raved. Impr C r W L �'U N 'U -- ,J c . and that the said improvements be under b the cit council in accordance with the provisions of Minnesota Statutes,, Chapter 429 and that the cost thereof be assessed a benefited propert as provided b said Chapte . 4 2 9 0 Owner G o Nx TVA '�-No Street Address GadU 9at%-.p -Tt�OA4r( - /1'1 ^ 1-*-• -Le Description purr- L rr C a F 4�D t..-) Fronta Date � A 3 v I certif that I have witnessed the above si and the proposed improvements were discussed with the si Date Petition Sponsor R� .� � � • rlo�ry L /Nf Of 5�c ':;�. Nf �j4 5�'`1 �, 7wP 2.g Q 2'L. ; - : -- - - ... _ .. .. _ - - - � , • � . HIGHWOOD 3 RD ADD I Tl,.O-N 340 A Wl*ll E_ -- - - 12 88.86 N 89 - 59 . 2 4• E 1 too.95 5.0 -W ! 7a.4>3 24t. Zt TIP � ► �` % 43.20- ¢° g - - _o0 ; 0U�- N •4 ,; , 0 - $ 1 t $24,500• LOS' �- .ter •. �� - -� . l �, •:. % 0 UTLOT � ' C y ' �� - S - ✓ SOLI �. 1 - 4 7.. S �. / ` w t o O 1 o �, • V;J . R 1 Lam..— — CD Al lr� 46 0 . t• _ _ _ r a. IL C76 -t- - v� _✓ = 5q0 5 .,5.36 L M.sl �t N �•• , • _1.Z 2 Q t - 0.40 _ ao 14A 000ll r N. 1 �� 4° -c 3 J ri vo 04 w ,P !f s a - �• �`' 9 - 122.92 M3,30 , >6 - 28 - w � $ 31 1 �� v Ai 1 r ���• +,4� ` �, , - �" ' DIRECTIONS TO HIGHWOOD 3RD ADDITION 32 \ r FROM 194 GO SOUTH ON MCKNIGHT ; \ r `�' TAKE LEFT ON HIGHWOOD; S► \ 500 ,� ��_ �� TAKE LEFT ON F�ALE 0 'o \ a\ � J FOLLOW FERNDALE AND YOU WILL' COKE TO ' -� +�' \ ,•� �,.�,� HIGHWOOD 3RD ADDITION 1 4 owe Y , ll- co pQAt N A4 t= .a .`, EAFr� 7•Et�: - • - v / �lOtfl"N u/�T GarZ�� 2 !X` 5 _..: \ / 0. ` 9-1. 4'4.4 .� 4.0 7, Bzcre- 7- t 20. a4 y�4rr �crX� 2Y0 .dczv. a ° ••..- t l S 69 �6" W S f`ect" tN w t •� k. O - Q ���o t9? is t -'� LOT try r� S6�la4 1�p 4a.,T'plNtNG� 9T2E� a C Q . 4FN17r1f !lZGK/ MDiSc 4 2 ? Q PROCEDURES FOR PUBLIC IMPROVEMENT PROJECTS For propert owners to initiate a public improvement project, it is necessar that a valid petition be presented to the cit council. A valid petition.must include the followin 1. Owners of at least 35% of the total fronta of the proposed improvement must si the petition. 20 Petitioners must furnish an abstracter's certificate prepared b an authorized abstracter showin owners' names., addresses and le descriptions of all properties abuttin an street or propert to which the petition pertains. Followin is a schedule of actions which are taken when a valid petition is presented: 1. Staff--reviews petition for submission to council, 2. Council--accepts petition and orders preparation of feasibilit report, 3.. Staff--prepares feasibilit report. 4. Council--accepts feasibilit report and orders public hearin 50 Staff--publishes hearin notice, mails notice to propert owners, 60 Council--conducts public hearin adopts resolution orderin improvement to be constructed and advertisement of bids or denies project. If project is denied, further steps are not taken. 70 Staff -- prepares final plans, advertises for and open bids, prepares bid tabulation, makes recommendation for award, 8. Council--awards contract based on bids received, 9. Staff--supervises construction, prepares pa and prepares assessment rolls, 10. Council--reviews assessment schedule (s) and orders assessment hearin 11. Staff--publishes hearin notice, mails notice of hearin date (s) and assessment to propert owners. 12. Council--conducts assessment hearin adopts resolution adoptin .assessment roll and authorizes certification to count auditor., 13. Staff--certifies assessment to count auditor, I i I dip RAMSEY COLJNT AID FRACT OF ITFLE 3 ... T OWNERSHIP REPORT r g , I i 1 AS TO ; I As Per Attached Map (Abstractor's Note: Ownership of parcels abutting portions of Schaller which is undeveloped.) State of M' ) a.nnesota Office of SS County of Ramsey ) County Abstract Cj i The Abstract Clerk of Ramsey Count y y hereby certlfies that the present apparent pp ownership of the premises in the caption e p .on h _rPof according to the records in the Office of Register of Deeds ' and /or Register of Titles is shown by exhibit listed below f and numbered One (1) to Two (2) . s Given at St. Paul, Minnesota this 20th 0 clay o L May 1993 y at 8 o'clock A.M. Liability nder. this Certificate Y is limit to $25.00. Witness my hand seal of Office. t I f . Abstract Clerk of Ramsey Couti f i a; • 1 by C- s Dep ISSUED BY ii ` Order No RAMSE:Y COUNTY /\ ' r • ABSTRACT CLERK P02697 50 W. KELLOGG BLVD. SUITE_ 8 S1 PAUL, MINNESOTA 55 "IO2-16��3 i iii • - 3 h x' ' " i ' l� s' � .. � 3I 4 OFFICIAL ; RAMSEY COUNTY ABSTRACT OF TITLE t GONY E AS HIGHWOOD INC IS THE OWNER OF OUTLOT C HIGHWOOD THIRD ADDITION ADDRESS:.SCHALLER DRIVE., MAPLEWOOD, MN 55119 FEE OWNERS ADDRESS: 50 GROVELAND TER MINNEAPOLIS, MN 554031145 2• JAMES H & EVELYN C KAY SER ARE THE OWNERS OF EX N 30OFT OF E 495 FT SE1/4 OF NE1/4 OF NW1/4 & EX W 240FT PART OF E 1/2 OF SEI/4 OF NW 1/4 30OFT OF SWI/4 E OF 330FT OF S OF LYIN WLY OF A LINE BEG AT SW COR OF E 30 FT OF SD NE1/4 El/2 OF SE1/4 OF NW1/4 TH N 0 DEG 27 MIN 26 SEC E ON WL THEREOF 530FT TH N 89DEG 59 MIN 56 SEC E 17AFT TH N 9 DEG 01 MIN 31 SEC W 305 FT TH N 64 DEG 47 MIN 56 SEC E-176.3 FT TH N 8 DEG 09 MIN 50 SEC W 93.41 FT TH N 10 DEG 12 MIN 30 SEC W 277.08 FT TH N 3 DEG 26 MIN W 43.2 FT MOL TO A PT ON'NL OF A SD SW 1/4 OF NE 1/4 DIST 27.84 FT E OF NW COR OF SD SW 1/4 OF NE 1/4 DIST 27.84 FT E OF NW COR OF SD SW 1 OF. NE 1/4 AND THERE TERM & N 722 FT OF W 1/2 OF SE 1/4 OF NW1/4 (SUBJ TO RDS & ESMTS) ALL IN SECTION 13 TOWN 28 RANGE 22 ADDRESS: 2516 LINWOOD AVE E MAPLEWOOD MN 551195806 ISSUED BY RAMSEY COUNTY ABSTRACT CLERK 50 W. KELLOGG BLVD. SUITE 810 ST. PAUL, MINNFSO TA 55102-1693 tow t� ttt:l Iti ,• 3 1 r • ,f.� .. ,. { � �; i ; ( .ti�tt. �Y tt lr ,� .'f _`t r r 1.11 I �.j y , • r; • .s s • .s s • m oeo 't 1 � 5 00 ul .. ; � n� r 'ti.• c� r 1 � at% , ` � X37, ' 2U_s.4• ''1 •'��oT • 8l 145 N. V Q a 145 � ay plot O 3 • .6 ` I ISO (35.? I &a.) VA LLEY C8� i 7"A L i f f , j ob �— 4 " ( d z r ` p �44 ti Csj� • w 9 � � do � • O .! h• i tv I C a b �G,9� 4 • �/ � � o v vrrL,w (4 3 4 i � �• 3 T . 3)) w . a LL i VI ' r o w i < ! y "�• ' ► t�/ �� �i�a1 T'' aL� / �°!!A' w 4 ".5t ,, ,��fi'1,.11 + ''ti +, 1,1 �:�` ., �.,).. : iilf K7;y it