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HomeMy WebLinkAbout1986 08-25 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monda Au 25, 1986 Municipal Administration Buildin Meetin 86-22 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL 0 MINUTES 1. Meetin 86-18, Jul 28, 1986 2. * Meetin 86-19, Au 7, 1986 3. Meetin 86-20, *Au 11, 1986 4. Meetin 86-21, Au 13, 1986 (D). APPROVAL OF AGENDA (E) CONSENT AGENDA. I" Accounts. Pa 20 Data Processin -Consultant Contract 3, Bud Chan - Data Processin Consulta.nt.Services 4. Final Plat: Cave's En Street 2nd Addition 5. Time Extension: 2083 Arcade. 6. Time Extension: Rollin Hills Mobile Home Park 7, Time Extension: St. Paul Business Center (F) PUBLIC HEARINGS 1. 7:00 - Variance: 1709 McKni (G) AWARD OF BIDS (H) UNFINISHED BUSINESS 1. Code Amendment: Parkin ( Vehicle Repair')(4 Votes) 2 Rec Center 3. New Cit Hall - Change Order 4, Street Overla Additions 5. New Cit Hall: a) Space Allocations b) Smokin Policy 6, Arts Council Task Force 7, Emer Services Communications (I) NEW BUSINESS 1, Portable Si Permits 2, Joint Council/CDRB Meetin 3. Bud Chan Temporar Clerk-Typist 40 Bus Shelters 5, Joint Council /Planning Commission Meetin 6, Otto Bonestroo - Carlton (J) VISITOR PRESENTATIONS I COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7, 8. 9. 10. -CL) ADMINISTRATIVE PRESENTATIONS IM) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 28, 1986 Council Chambers, Municipal Building Meeting No. 86 -18 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 86 -15 (June 23, 1986) Councilmember Bastian moved to approve the Minutes of Meeting No. 86 -15 (June 23 1986) as corrected Page 10 - Add the following statement: Councilmember Bastian wished to state that he appreciated the work that Staff, the residents and the labor communities showed in this project. It is a good example that where there is a problem, people can sit down, look at it and come up with a good resolution that not only can help our community, but can help other communities that may face the same situation. In our seven county area we have unemployment, we have people looking for work, and we are saying at best, we will assist that, but he thinks this is the best example where people can sit down and work together with government for a good resolution of a problem. Page 19 - "Administration" Seconded by Councilmember Anderson. Ayes - all. D, APPROVAL OF AGENDA Councilmember Anderson moved to approve the Agenda as amended 1. New Building 2. Mn. DOT 3. Newspaper Articles 4. Ramsey County Fair - White Bear Avenue Parade 5. Manager 6. Tax Exempt Criteria - Property Tax Study 7/28 7. Municipal Metropolitan League Commission 8. McKnight and Linwood ` 9. City Employees' Picnic 10. Portable Signs, add as F -5 Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Councilmember Bastian moved, Seconded by Councilmember Wasiluk, Ayes - all, to approve the Consent Agenda as recommended 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses - Check register dated July 16, 1986 through July 22, 1986 - $600,661.04: Part II, Payroll dated 7 -25 -86 gross amount of $143,033.81) in the amount of $743,694.85. 2. City Employees' Picnic Approved the expenditure of $250.00 for door prizes for the annual picnic for City Employees. F. PUBLIC HEARINGS 1. 7:00 P.M., Variance : 1475 Eldridge Avenue (Brown) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Neal Brown, 1475 Eldridge Avenue, for approval of a garage size variance of 94 square feet. b. Director of Community Development Geoff Olson presented the Staff report. C. Mayor Greavu called for proponents. Mr. Neal spoke on behalf of the request. d. Mayor Greavu called for opponents. None were heard. e. Councilmember Juker moved to table this item and discuss it under Item I -7. Seconded by Mayor Greavu. Ayes - all. 2. 7:10 P.M., Street Vacation : Mt. Vernon a. Mayor Greavu convened the public hearing regarding the request of Mr. W. W. Wendt to vacate Mt. Vernon Avenue between Arkwright Street and McMenemy Street in order for him to construct a garage within the minimum corner lot setback. b. Director of Community Services Olson presented the Staff report. C. Commissioner Lorraine Fischer presented the Planning Commission recommenda- tion. - 2 - 7/28 d. Mayor Greavu called for proponents. The following were heard: Wendell Wendt, the applicant Herb Toenjes, 1966 McMenemy Road Lorraine Littlefield, 1986 McMenemy Road e. Mayor Greavu called for opponents. None were heard f. Mayor Greavu closed the meeting. g. Councilmember Wasiluk introduced the following resolution and moved its adoption 86 - 7 - 141 WHEREAS, W. W. Wendt initiated proceedings to vacate the public interest in the following described property: Mt. Vernon Avenue lying between McMenemy Street and Edgemont Street, and between Edgemont Street and Arkwright Street, in Section 17, Township 29, Range 22, Ramsey County. WHEREAS, the following adjacent properties are affected: Lots 15 and 16, Block 3, Magoffin's North Side Addition to St. Paul Lots 15 and 16, Block 4, Magoffin's North Side Addition to St. Paul Lots 1 and 30, Block 5, Magoffin's North Side Addition to St. Paul Lots 1 and 30, Block 6, Magoffin's North Side Addition to St. Paul WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street right - of -way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on July 21, 1986. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on July 28, 1986, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also con - sidered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above- described street right -of -way, public interest in the property will accrue to the following described abutting prop- erties: Lots 15 and 16, Block 3, Magoffin's North Side Addition to St. Paul Lots 15 and 16, Block 4, Magoffin's North Side Addition to St. Paul Lots 1 and 30, Block 5, Magoffin's North Side Addition to St. Paul Lots 1 and 30, Block 6, Magoffin's North Side Addition to St. Paul - 3 - 7/28 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above- described vacation on the basis that construction of a street on this right -of -way would be impractical and unnec- essary. This vacation is subject to the retention of a utility easement over the entire right -of -way, between Edgemont Street and McMenemy Street. Seconded by Mayor Greavu. Ayes - all. 3. 7:20 P.M., Preliminary Plat and Rezoning - Carver Heights a. Mayor Greavu convened the meeting for a public hearing regarding the request of Carl W. Peterson and Associates for preliminary plat approval to create 25 single - dwelling lots and to rezone the property from F, farm residence to R -1 single dwelling for the property located at 2350 Carver Avenue. b. Director of Community Services Olson presented the Staff report. c. Commissioner Lorraine Fischer presented the Planning Commission recommenda- tion. d. Mayor Greavu called for proponents. The following were heard: Walter Ebertz, the developer e. Mayor Greavu called for opponents. The following were heard: Gary Schlomka, 1461 Henry Lane Bob Wilds, 2410 Carver Avenue Joan Schmitt, 2390 Carver Lorraine Haidahl, 2344 Carver Mary Martin, 2345 Carver f. Councilmember Anderson moved to table Item F -3 until August 11, 1986, for further investigation regarding the Williams Pipeline, etc., and possible County action Seconded by Councilmember Bastian. Ayes - all. 4. 7:40 P.M., Code Amendment : Flood Plains (2nd Reading) a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of a flood plain management ordinance. b. Director of Community Development Olson presented the Staff report. C. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. - 4 - 7/28 e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following ordinance and moved its adoption ORDINANCE NO. 595 AN ORDINANCE REGULATING CONSTRUCTION OR FILLING IN FLOOD PLAINS Section 1. Article VIII of Chapter 36 is amended as follows: ARTICLE VIII, FLOOD OVERLAY DISTRICT Sec. 36 -496. Statutory authorization; findings of fact and purpose. (a) Statutory authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 104 and Chapter 462, delegated the author- ity to local governmental units to adopt regulations designed to minimize flood losses. Chapter 104 of Minnesota Statutes further stipulates that com- munities subject to recurrent flooding must participate and maintain eligi- bility in the National Flood Insurance Program. Therefore, the City does ordain this ordinance. (b) Statement of purpose. The purpose of this ordinance is to maintain the community's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding, including loss of life, loss of property, health and safety hazards, disruption Cif commerce and gov- ernmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (c) Warning of disclaimer of liability. This ordinance does not imply that areas outside of the flood plain district or land uses permitted within such districts will be free from flooding and flood damages. This ordinance shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decisions lawfully made thereunder. Sec. 36 -497. General Provisions (a) Adoption of the Flood Insurance Rate Map. The Flood Insurance Rate Map for the City, dated August 5, 1986, developed by the Federal Emergency Management Agency, is hereby adopted by reference as the Official Flood Plain Zoning District Map and made a part of this ordinance. (b) Lands to which ordinance applies. This ordinance shall apply to all lands designated as flood plain within the jurisdiction of the City. (c) Interpretation. The boundaries of the flood plain district shall be determined by scaling distances on the Official Flood Plain Zoning District Map. Where interpretation is needed as to the exact location of the boundaries of the flood plain district, the Director of Community Development shall make the necessary interpretation based on elevations on the regional (100 year) flood profile, if available. If 100 -year flood elevations are not available, the City shall: - 5 - 7/28 (1) Require a flood plain evaluation consistent with Sections 36 -499 (c) (1) of this ordinance to determine a 100 -year flood elevation for the site; or (2) Base its decision on available hydraulic/hydrologicor site eleva- tion survey data which demonstrates the likelihood the site is within or outside of the flood plain. (d) Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application: Flood fringe: That portion of the flood plain outside of the floodway. Flood plain: The areas adjoining a watercourse or lake which have been or hereafter may be covered by the regional flood. Flood plain areas within the City shall encompass all areas designated as Zone A on the Flood Insurance Rate Map. Floodway: The channel of watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the discharge of the regional flood. Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged soil, channel modification, culvert, building, wire, fence stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into any channel, watercourse, lake bed or regu- latory flood plain which may impede, retard or change the direction of flow in itself or by catching or collecting debris carried by flood water. Regional flood: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably charac- teristic of what can be expected to occur on an average frequency in magnitude of 100 -year recurrence interval. Regional flood is synony- mous with the term "base flood" used in the Flood Insurance Rate Map. Regulatory flood protection elevation: An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that re- sult from designation of a floodway. Structure: Anything constructed or erected on the ground or attached to the ground, including, not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes and other similar items. - 6 - 7/28 Sect. 36 -498. Conflict with pre- existing zoning. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations of the City. The uses per- mitted in Sections 36 -499 and 36 -500 of this ordinance shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this ordinance shall apply in addition to other legally es- tablished regulations of the City and where this ordinance imposes greater restrictions, the provisions of this ordinance shall apply. Sec. .36 -499. Permitted uses, standards and flood plain evaluation criteria. (a) Permitted uses in the flood plain. The following uses of land are permitted uses in the flood plain district: (1) Any use of land which does not involve a structure, an addition to the outside dimensions to an existing struc- ture or an obstruction to flood flows, such as fill or storage of materials or equipment. (2) Any use of land involving the construction of new struc- tures, the addition to the outside dimensions of an exist- ing structure or obstructions such as fill or storage of materials or equipment, provided these activities are lo- cated in the flood fringe portion of the flood plain. These uses shall be subject to the development standards in Sec- tion 36 -499 (b) of this ordinance and the flood plain evalua- tion criteria in Section 36 -499 (c) of this ordinance for de- termining £loodway and flood fringe boundaries. (b) Standards for flood plain permitted uses. (1) Fill or dredged soil shall be protected from erosion by appropriate methods, such as containment dikes or leaves, vegatative cover or riprap. (2) Storage of materials and equipment: a. The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injur- ious to human, animal or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation. (3) No use shall be permitted which will adversely affect the capacity of the channels or floodways or any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. - 7 - 7/28 (4) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protec- tion elevation and shall extend at such elevation at least 15 feet beyond the limits of the structure constructed thereon. (5) Residential uses. Residences that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside the flood plain shall not be permitted unless granted a vari- ance by the City Council. In granting a variance, the Council shall specify limitations on the period of use or occupancy of the residence. (6) Commercial and manufacturing uses. Accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. (7) Individual sewage treatment systems. Individual sewage treat- ment systems shall be designed and located so that they will not be damaged or contaminated during; times flood. (c) Flood plain elevation. (1) Upon receipt of an application for ause/building permit, manu- factured home park or subdivision approval within the flood plain district, the Director of Community Development shall require the applicant to furnish sufficient site development plans and hydrolo-1 gic /hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minnesota Rules 1983 Parts 6120.5600 (Technical Standards and Requirements for Flood Plain Evaluation) and 6120.5700 (Mini- mum Flood Plain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal. (2) The Director of Community Development shall submit one copy of all information required by Section 36 -499 (c) (1) of this ordi- nance to the respective Department of Natural Resources' area hydrologist for review and comment at least 20 days prior to the granting of a use/building permit or manufactured home park /sub- division approval by the City. The director may accept or reject any review comments provided. The director shall notify the re- spective Department of Natural Resources area hydrologist within 10 days after a use /building permit or manufactured home park/ - 8 - 7/28 subdivision approval is granted. Sect. 36 -500. Utilities, railroads, roads and bridges. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with the State flood plain management standards contained in Minnesota Rules 1983 Parts 6120.500 - 6120.6200. Sect. 36 -501. Subdivision and manufactured homes. (a) No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the City Council for reason of flooding or inadequate drainage, water supply or sewage treatment facilities. The City Council shall review the subdivision /development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill place- ment for elevating structures, sewage systems and related activities. (b) In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Section 36 -499 (c) (1) of this ordinance. The Director of Community Development shall evaluate the proposed subdivision or mobile home park in accordance with the standards established in this ordinance. Sect. 36 -502. Administration. (a) Permit required. A permit for the City shall be secured prior to the construction, addition or alteration of any building or structure; prior to the use or change of use of a building, structure of land; prior to the change or extension of a nonconforming use; and prior to the placement of an obstruction within the flood plain. (b) State and federal permits. Prior to granting a City permit or processing an application for a variance, the City shall determine that the applicant has obtained all necessary State and Federal permits. (c) Certification of first floor elevations. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the pro- visions of this ordinance. The building official shall maintain a record of the elevation of the first floor (including basement) for all new structures or additions to existing structures in the flood plain district. Sect. 36 -503. Variances. (a) Variances from the provisions of this ordinance may be authorized where the City Council has determined the variance will not be contrary to the public interest and the spirit and intent of this ordinance. No vari- ance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection eleva- tion. Variances may be used to modify permissible methods of flood protection. - 9 - 7/28 (b) The Director of Community Development shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Sect. 36 -504. Nonconformities. A structure or the use of a structure or premises which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following con- ditions: (1) No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. (2) An alteration within the inside dimensions of a nonconforming use or structure is permissible, provided it will not result in in- creasing the flood damage potential of that use or structure. (3) If any nonconforming use of a structure of land is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. The City Council may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in con- formity with the provisions of this ordinance. Sect. 36 -505. Amendments. All amendments to this ordinance, including revisions to the Official Flood Plain Zoning District Map shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The flood plain desig- nation on the Official Flood Plain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the flood plain. Sects. 36 -506 - 36 -560. Reserved. Section 2. This ordinance shall take effect upon its passage and publication. Passed by the City Council of Maplewood, Minnesota, this 28th day of July, 1986. ATTEST: ty Clerk Mayor Ayes - 5 Nays - 0 - 10 - 7/28 5. Portable Signs a. Director of Community Development Olson presented a request from "Fantastic Sam's" for a special sign permit to use a portable sign for a 20 -day period. - b. Councilmember Wasiluk moved to Sam's" to use a portable sign for Center, 2515 White Bear Avenue. Seconded by Mayor Greavu. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Council Procedure Amendment Ayes - all. t a. Manager Lais presented the following amendment to the Rules of Procedures: "A Council member or members voting in the minority are encouraged to state the reason for the vote when requested by those voting in the majority." b. No action taken. 2. Battle Creek Park (County Agreement) Purchase Property. a. City Attorney John Bannigan presented a purchase agreement with the County for the purchase of a parcel of Battle Creek Park land. b. Mayor Greavu moved to approve the purchase agreement with the County for the parcel of Battle Creek Park land as recommended Seconded by Councilmember Wasiluk. Ayes - all. 3. Metcalf - Assessments a. City Attorney Bannigan reviewed the procedure on assessments. b. Mr.. Allen Metcalf, Metcalf - Mayflower Moving, requested cancellation of 45% of the assessment for Gervais Avenue. c. No action taken. I. NEW BUSINESS 1. Recycling Center a. Environmental Health Officer Bob Wenger presented the Staff report. In--- cluded in the report was the location of the recycling center just east of the new City Hall. - 11 - 7/28 b. Mr. George Rossbach voiced his opinions regarding such a facility and also where it is located. c. Mr. Neal Brown, 1475 Eldridge, stated the City needs a recycling center. d. Councilmember Bastian moved to approve the preliminary plans for the recycling center and directed Mr. Rossbach to work with Mr. Wenger as re garding the location, type of facility, etc. , and to refer plans to the Community Desiqn Review Board. Seconded by Councilmember Anderson. Ayes - all. 2. R. L. S. - Arcade Street a. Director of Community Development stated Mr. Charles Lee was requesting approval of a Registered Land Survey to split one lot into two. b. Councilmember Bastian moved to approve the request of Mr.. Charles Lee for a Registered Land Survey to divide a part of Lot 1 Block 1 Warner,and Graves Addition into two lots Seconded by Mayor Greavu. Ayes - all. 3. Code Amendment : Garage Size (ist Reading) a. Councilmember Anderson introduced the following ordinance and moved its adoption ORDINANCE NO. 596 AN ORDINANCE INCREASING THE MAXIMUM GARAGE AREA FOR SMALLER HOMES Section 1. The definition of "private garage" in Section 36 -6 is amended as follows: Private garage: A private garage is an accessory building designed or used for the shelter or storage of motor vehicles. A private garage may not exceed an area of one thousand (1,000) square feet. Private garages may not exceed one story in height. Section 2. This ordinance shall take effect upon its passage and publi- cation. Passed by the Maplewood City Council on July 28, 1986. ATTEST: Clerk Ayes - 5 Nays - 0 - 12 - Mayor 7/28 Seconded by Mayor Greavu, Ayes - all. 4. Code Amendment : Parking Vehicle Repair (Second Reading) a, Director of Community Development Olson presented an amendment to the Code to establish minimum parking requirement for motor vehicle repair uses. b. Councilmember Bastian moved to table this item for further information. Seconded by Councilmember Anderson. Ayes - all, 5. Plan Amendment : Geranium Avenue Parks a. Director of Community Development Olson presented an amendment to the land use plan from RL, residential low density and S school to P park for the Geranium Park Site. b. Councilmember Juker introduced the following resolution and moved its adoption 86 - 7 - 142 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RL, residential low density and S, school to P, park for the Geranium Park site south of Geranium Avenue between Ferndale and Sterling Streets. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on June 2, 1986, to consider this plan amendment. Notice thereof was Pub- lished and mail pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on July 28, 1986. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described plan amendment be approved as the City has acquired this site for a park. Seconded by Councilmember Anderson. Ayes all. 6. Emergency Services Plan a. Mayor Greavu moved to adopt the Maplewood Emergency Operations Plan as presented Seconded by Councilmember Bastian. Ayes - all. - 13 - 7/28 7. Variance : 1475 Eldridge Avenue a. Council had tabled this item from the public hearing section of the Agenda. b. Councilmember Bastian moved to deny the garage size variance as requested by Mr. Neal Brown, 1475 Eldridge J. VISITOR PRESENTATION None. K. COUNCIL 1. New City Hall a. Councilmember Juker requested information regarding the following items: When is the open house? Is there a room or office in the new City -:Hall for Councilmembers? The decision for a smoke -free City Hall should be placed on the next Agenda. 2. M.D.O.T. Meeting a. Councilmember Juker tabled this matter until the next meeting. 3. Articles in Newspaper. a. Councilmember Anderson questioned the articles in the paper regarding new construction. Maplewood was not even mentioned. Also, the Roger Lee Article, he requested the Manager keep the Council informed when items such as this will be published. 4. Ramsey County Fair - White Bear Avenue Parade a. Councilmember Anderson questioned if anv Councilmember was asked to take part in the parade or fair. He feels Maplewood is being ignored. b. Council stated that no one had been notified or asked to participate. 5. Manager a. Councilmember Anderson questioned when the next meeting to evaluate the Manager would be held. b. The meeting is scheduled for September 8, 1986. 6. Frost Avenue a. Councilmember Anderson commented on the portion of Frost Avenue completed last year now is being patched. 7. Tax Exempt Criteria Property Tax Study a. Tabled for two weeks. - 14 - 7/28 8. Municipal Metro League Committee a. Councilmember Bastian asked if the City had a representative to the M.M.L.C. b. The City is represented. 9. McKnight and Linwood a. Mayor Greavu commented on the ponding water on the Oxford property is overflowing on the roadway. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 10:21 P.M. ty Clerk - 15 - 7/28 MINUTES OF MAPLEWOOD CITY COUNCIL 5:00 P.M., Thursday, August 7, 1986 Council Chambers, Municipal Building Meeting No. 86 -19 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 5:01 P.M. by Acting Mayor Bastian. B. ROLL CALL John C. Greavu, Mayor Norman G. Anderson, Councilmember Gary W. Bastian, Councilmember Frances L. Juker, Councilmember Charlotte Wasiluk, Councilmember Absent - Arrived at 5:21 P.M. Present Present Present Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Acting Mayor Bastian moved to approve the Agenda as amended 1. City Hall 2. Hillcrest Development Letter Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA. None. F. PUBLIC HEARINGS None. G. AWARD OF BIDS 1. General Obligation Improvement Bonds a. Mr. Dan Hartman, Miller and Schroeder, presented the bids for the above mentioned bonds. b. Councilmember Anderson introduced the following resolution and moved its adoption 8/7 86 - 8 - 143 RESOLUTION ACCEPTING BID ON SALE OF $3,265,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1986 PROVIDING FOR THEIR ISSUANCE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The bid of The First National Bank of St. Paul (the "Purchaser ") to purchase $3,265,000 General Obligation Improvement Bonds of 1986 of the City (hereinafter referred to as "Bonds" or individually as "Bond "), in accordance with the notice of bond sale, at the rates of .interest hereinafter set forth, and to . pay therefor the sum of $3,207,862.50, plus interest accrued to settle- ment is hereby found, determined and declared to be the most favorable bid re- ceived and is hereby accepted, and the Bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. 2. The Bonds shall be dated August 1, 1986, as the date of original issue and shall be issued forthwith as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof. The Bonds shall mature on February 1 in the years and amounts as follows: 1989 - 1991 $180,000 1992 $185,000 1993 - 1995 $180,000 1996 $185,000 1997 - 1998 $180,000 1999 $185,000 2000 - 2002 $180,000 2003 $185,000 2004 - 2005 $180,000 2006 $185,000 3. The Bonds shall provide funds for the construction of various improve- ments (the "Improvements ") in the City. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds herein authorized. Work on the Improvements shall proceed with due diligence to completion. 4. The Bonds shall bear interest payable semi- annually on February 1 and August 1 of each year commencing August 1, 1987 at the respective rates per annum set forth opposite the maturity years as follows: Maturity Years 1989 1990 1991 1992 Interest R ates 5.40% 5.70 6.00 6.20 - 2 - 8/7 1993 6.40 1994 6.60 1995 6.80 1996 7.0 1997 7.10 1998 7.25 1999 7.40 2000 7.50 2001 7.50 2002 7.60 2003 7.60 2004 7.70 2005 7.70 2006 7.70 5. All Bonds of this issue maturing in the Years 1997 to 2006, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 1996, and on any interest payment due thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the spe- cific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Pub- lished notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption, shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such holder, in aggregate prin- cipal amount equal to and in exchange for the unredeemed portion of the princi- pal of the Bond so surrendered. 6, First Trust Company, Inc., in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent (the "Bond Registrar ") and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent here- with. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holder) of the Bonds in the - 3 - 8/7 manner set forth in the form of Bond and paragraph 12 of this resolution. 7. The Bonds to be issued hereunder, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- GENERAL OBLIGATION IMPROVEMENT BOND OF 1986 F INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP August 1, 1986 REGISTERED OWNER: PRINCIPAL AMOUNT: KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date ") commencing August 1, 1987 at the rate per annum specified above, (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided fora This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the prin- cipal office of First Trust Company, Inc., in St. Paul, Minnesota, a cor- poration duly organized and validly existing under the laws of the State of Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. - 4 - 8/7 REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed in its behalf by the facsimile signatures of the Mayor and the City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: First Trust Company, Inc. Payable at: First Trust Company, Inc. BONDREGISTRAR "S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Resolution. First Trust Company, Inc., Bond Registrar By Authorized Signature CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Facsimile Mayor /s/ Facsimile Clerk ON REVERSE OF BOND All Bonds of this issue maturing in the Years 1997 to 2006, both inclusive, are subject to redemption and prepayment at the option of the Issuer on February 1, 1996 and on any Interest Payment Date thereafter at par and accrued interest. Redemption may be in whole or'in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest matur- ity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to the Holders of the Bonds. - 5 - 8/7 To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date, a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the prin- cipal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or his at- torney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in ex- change for the unredeemed portion of the principal of the Bond so surrendered. This Bond is one of an issue in the total principal amount of $3,265,000 all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution issued pur- suant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on August 1, 1986 (the "Resolution ") for the purpose of providing money to fi- nance the construction of various improvements in the City and is payable out of the General Obligation Improvement Bonds of 1986 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. The Bonds are issuable solely as fully registered Bonds in the denominations of $5,000 and integral multiples thereof and are exchangeable for fully registered Bonds of other denominations in equal aggregate principal amounts and in author- ized denominations at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. This Bond is transferable by the Holder in person or by his attorney duly authorized in writing at the principal office of the Bond Registrar upon presen- tation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an - 6 - 8/7 authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bear- ing interest at the same rate. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond. The Issuer and the Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other.purposes, whether or not this Bond Registrar shall be affected by notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full accord- ing to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For Value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, with- out alteration or any change whatever. - 7 - 8/7 Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) S. The City may elect to deliver, in lieu of printed definitive bonds, a single typewritten temporary bond in substantially the form set forth above. The temporary bond shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signa- ture shall aDpear on the Bonds shall cease to be such officer before the de- livery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 9. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless and until a Certifi- cate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized represtentative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certifi- cate of Authentication on the Bond and by inserting as the date of registra- tion in the space provided the date on which the Bond is authenticated, ex- cept that for the purposes.of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of origi- nal issue, which date is August 1, 1986. The executed Certificate of Authen- tication on each Bond shall be conclusive evidence that it has been authenti- cated and delivered under this resolution. 10. The Citv will cause to be kept at the principal office of the Bond Register a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Register shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. - 8 - 8/7 Upon surrender for transfer of any Bond at the P rincipal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Regis- trar shall authenticate, insert the date of registration (as provided in paragraph 9) and deliver, in the name of the designated transferee or trans- ferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and in- terest rate, as requested by the transferor; provided, however, that no bond may be registered in blank or in the name of "bearer" or similar designation., At the option of the holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the princi- pal office of the Bond Registrar. whenever any Bonds are to be surrenderecL or exchanged,the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obliaations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or his attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond. Transfers 'shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Reaistrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and Payment dates. 11. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest on any Bond shall be paid on each interest payment date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration,books of the City maintained by the Bond Regis- trar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such interest payment date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the Person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than 10 days prior to the Special Record Date. - 9 - 8/7 13. The City and the Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. The Bonds when so prepared and executed shall be delivered by the City Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see the proper application thereof. 15. There is hereby created a special fund to be designated "General Obligation Improvement Bonds of 1986 Fund". (the "Fund ") to be held and ad- ministered by the City Treasurer separate and apart from all other funds of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein authorized and the interest thereon have been fully paid. There shall be maintained in the Fund two separate accounts to be designated the "Construction Account" and the "Debt Service Account ", re- spectively. The proceeds of the sale of the Bonds herein authorized, less any accrued interest received thereon, and less any amount paid for the Bonds in excess of $3,202,965, and less capitalized interest in the amount of $441,949 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before August 1, 1987), plus any special assessments levied with respect to Improvements financed by the Bonds and prior to completion of the Improvements and payment of the costs thereof, shall be credited to the Construction Account, from which there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as other- wise provided by law; provided that the Bond proceeds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Ac- count, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minne- sota Statutes, Chapter 429; and provided further that any special assessments credited to the Construction Account are hereby pledged and shall be used only to pay principal and interest due on the Bonds. There is hereby pledged and there shall be credited to the Debt Service Account (a) all collections of special assessments herein covenanted to be levied and either initially credited to the Construction Account and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $3,202,965; (d) capitalized interest in the amount of $441,949 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before August 1, 1987); (e) any collections of all collections of all taxes which may hereafter be levied in the event that the special assessments herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (f) all funds remaining in the Construction Account after completion of the Improvements - 10 - 8/7 and payment of the costs thereof, not so transferred to the account of another improvement; and (g) all investment earnings on funds held in the Debt Service Account. The Debt Service Account herein created shall be used solely to pay the principal and interest and any premiums for redemp- tion of the Bonds issued hereunder and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. Any sums from time to time held in the Debt Service Account in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any ap- plicable "temporary periods" made available under the federal arbitrage regulations. In addition, money in the Account shall not be vested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 103(h) of the Internal Revenue Code of 1954, as amended. 16. It is hereby determined that no less than 100% of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3) shall be paid by special assess- ments to be levied against every assessable lot, piece and parcel of land benefited by the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement finances hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts and will do and perform as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the'making of the assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assess- ments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minne- sota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized, except for Improvement Projects 83 -07, 84 -04, 85 -04, and 85 -07 which were heretofore authorized on July 14, 1986, July 8, 1985, July 14, 1986 and July 14, 1986, respectively, all at the rate of ten percent (10.00 %) per annum. Subject to such adjustments as are required by condi- tions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that;:the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law (which maximum rate is hereby assumed to be 10.0 %) and not less than 9.0% per annum: - 11 - 8/7 Improvement Designation 81 -20 McKnight Road (Highway 36 to Conway) 83 -01 Frost Avenue (Adele to Birmingham) 83 -07 Beaver Creek Storm Sewer 84 -04 McClelland Street Water Main 85 -04 Ripley Avenue Water Main 85 -07 Crestview Drive and Hudson Place Water Main 85 -17 Southlawn - Beam to D 86 -03 Water Service District #6 Improvements (Water Tower) 86 -04 County Road C - W. Highway 61 Water Main Amount Levy Years At the time the assessments are in fact levied the City Council shall, based on the ten current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. The special assessments are such that if collected in full they, to- gether with estimated collections of other revenues herein pledged for the pay- ment of the Bonds (other than cash on hand), will produce at least five percent in excess of the amount needed to meet when due the principal and interest pay- ments on the Bonds, except for interest payable hereunder from cash on hand on the date of Bond closing and pledged for such purpose. For the prompt and full payment of the principal and interest on the Bonds, and the same respectively become due, the full faith, credit and taxing powers of the City shall be and.are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a suf- ficient balance is available therein. 18. The Clerk i5 hereby directed to file a certified .copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other in- formation as he shall require, and to obtain from the Auditor his certificate that the Bonds have been entered in the Auditor's Bond Register. 19. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser of the Bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as same appear from the books and records under,their custody and control or as otherwise known to them, and all such certified copies, certificates and affi- davits, including any heretofore furnished, shall be deemed representations of - 12 - 8/7 the City as to the facts recited therein. 20. On the date this resolution is adopted, both the United States House of Representatives (the "House ") and the United States Senate (the "Senate ") have passed different versions of H.R. 3838 (to be cited as "H.R. 3838 "L. The House version of H.R. 3838 proposes new rules applicable to bonds exempt from federal income taxation, to be made retroactively ef- fective for all bonds issued on or after January 1, 1986_ On March 14, 1986, a joint statement was made by the ranking majority and minority members of the House, Ways and Means Committee, the Senate Finance Committee and Secretary of the Treasury, James A. Baker III concerning certain provisions relating to the effective date of selective provisions of the House version of H.R. 3838 as it relates to certain essential function bonds. The joint statement stated the five individuals are endorsing a selective postponement of the effective date of certain provisions and restrictions of H.R. 3838 to September 1, 1986, or until the enactment date of tax reform legislation, whichever occurs sooner. The applicable provisions of the Senate version of H.R. 3838 are not effective until date of enactment. Based on the joint statement and the delayed effec- tive date of the Senate version of H.R. 3838, the City will not comply with the provisions of H.R. 3838 for which the effective date has been or (under the joint statement) is to be postponed. However, because the joint state- ment does not postpone the effective date of the provisions of the House version of H.R. 3838 relating to the calculation of yield based on the issue price, the City shall comply with this provision of the House version of H.R. 3838 in the form adopted on December 17, 1985, unless in the opinion of Bond Counsel, such compliance is not necessary to maintain the tax - exempt status of the Bonds. In addition, to the extent that H.R. 3838 is enacted in a form different from either the House or Senate version of H.R. 3838 and im- poses any requirements retroactively effective to the time the Bonds are issued, the City shall use its best efforts to meet such requirements, provided that in meeting such requirements, the City will do so only to the extent consistent with, the purposes of this resolution, to the extent that there is a reasonable period of time in which to comply. 21. In order to qualify the Bonds as "qualified project bonds" within the meaning of Section 802(e)(3) of the House Version of H.R. 3838, the City hereby makes the following factual statements and representations: (a) the City is apolitical subdivision and was in existence on October 23, 1985; (b) the reasonably anticipated amount of qualified tax - exempt obligations which will be issued by the City during Calendar Year 1986 will not exceed $10,000,000; (c) the Bonds are being issued in Calendar Year 1986 and are not non- essential function bonds as defined in Section 141 of the House version of H.R. 3838; and (d) the Bonds are issued to provide project financing and the Bonds, together with any other bonds issued for the Project do not exceed $3,000,000; therefore, the City hereby designates the Bonds as "qualified project bonds" for the purpose of qualifying the Bonds as "qualified tax exempt obligations" pursuant to Section 803(e)(3) of the House version of H.R. 3838. - 13 - 8/7 Seconded by Councilmember Juker, Ayes - all. 2. General Obligation Tax Increment Bonds a. Mr. Dan Hartman, Miller and Schroeder, presented the bids for the G.O. Tax Increment Bonds, b. Mr. Ernie Clark, Miller and Schroeder, also spoke on behalf of the proposal. C. Councilmember Anderson introduced the following resolution and moved its adoption: ewe i RESOLUTION ACCEPTING BID ON SALE OF $2,490,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1986 PROVIDING FOR THEIR ISSUANCE WHEREAS: The City Council has heretofore determined that it is necessary and expedient to issue $2,490,000 General Obligation Tax Increment Bonds of 1986, pursuant to Minnesota Statutes, Chapters 273, 472A and 475 to finance certain capital and administration costs within Development District No. 1 (the "Dis- trict") (the "Project ") in the City as set forth in the development program and the tax increment financing plans as most recently amended by the City Council on June 23, 1986 (the "Plans ") for Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2 (the "Tax Increment Districts ") created by the City within the District. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The bid of The First National Bank of St. Paul (the "Purchaser ") to purchase $2,490,000 General Obligation Tax Increment Bonds of 1986 of the City (hereinafter referred to as "Bonds" or individually as "Bond "), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $2,452,650 plus interest accrued to settlement is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. 2. The Bonds shall be dated August 1, 1986, as the date of original issue and shall be issued forthwith as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof. The Bonds shall mature on February 1 in the years and amounts as follows: - 14 - 8/7 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 $185,000 190,000 200,000 210,000 220,000 230,000 240,000 155,000 165,000 180,000 195,000 210,000 110,000 3.• The Bonds shall provide funds to finance the Project. Pursuant to the Plans, tax increments derived from the Tax Increment Districts have been pledged to the payment of the Bonds and any other tax increment bonds issued to complete, modify or expand the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is esimtated to be at least equal to the amount of the Bonds herein authorized. Work on the Project shall proceed with due diligence to completion. 4. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year commencing August 1, 1987 at the respective rates per annum set forth opposite the maturity years as follows: Maturitv Years 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Interest Rates 5.40% 5.70 6.00 6.20 6.40 6.60 6.80 7.00 7.10 7.25 7.40 7.50 7.50 5. All Bonds of this issue maturing in the Years 1994 through 2001, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 1993 and on any interest payment date thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. lIf redemption is in part, those Bonds remain- ing unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for pre- payment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in ac- cordance with law, and mailed notice of redemption shall be given to the paying agent and to each registered holder of the Bonds. - 15 - 8/7 To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption, shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a deno- mination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or the Bond Registrar so requires, a written instrument of transfer in form satis- factory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, with- out service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or de- nominations, as requested by such holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. First Trust Company, Inc., in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent (the "Bond Registrar ") and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holder) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. The Bonds to be issued hereunder, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- GENERAL OBLIGATION TAX INCREMENT BOND OF 1986 E INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP August 1, 1986 - 16 - 8/7 REGISTERED OWNER: PRINCIPAL AMOUNT: KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date ") commencing August 1 1987 at the rate per annum specified above, (calculated on the basis of a 360 -day year of twelve:30 -day months) until the original sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the princi- pal office of First Trust Company, Inc., in St. Paul, Minnesota, a corporation duly organized and validly existing under the laws of the State of Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Inter- est Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bond- holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things re- quired by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time. and manner as required by law, and this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed in its behalf by the facsimile signatures of the Mayor and the City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. - 17 - 8/7 Date of Registration: Registrable By: First Trust Company, Inc. Payable at: First Trust Company, Inc. BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Resolution. CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk FIRST TRUST COMPANY, INC., Bond Registrar By Authorized Signature ON REVERSE OF BOND All Bonds of this issue maturing in the Years 1994 through 2001, both inclu- sive, are subject to redemption and prepayment at the option of the Issuer on February 1, 1993 and on any Interest Payment Date thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to per - payment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemp- tion shall be given to the paying agent and to the Holders of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date, a dis- tinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the princi- pal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series hav- ing the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. - 18 - 8/7 This Bond is one of an issue in the total principal amount of $2,490,000 all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on August 7, 1986 (the "Resolution ") for the purpose of providing money to finance certain capital and administration costs within Development District No. 1 and is payable primarily from tax increments to be derived from Economic Develop- ment District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2, of the Issuer which have been pledged to the General Obligation Tax Increment Bonds (Development District No. 1) Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby ir- revocably pledged. The Bonds are issuable solely as fully registered Bonds in the denominations of $5,000 and integral multiples thereof and are exchangeable for fully registered Bonds of other denominations in equal aggregate principal amounts and in author- ized denominations at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. This Bond is transferable by the Holder in person or by his attorney duly authorized in writing at the principal office of the Bond Registrar upon presen- tation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this transferee (but not registered in blank or to "bearer" or similar desig- nation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond. - The Issuer and the Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. - 19 - 8/7 The following abbreviations, when used in the insciiption on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocable constitute and appoint attorney to transfer the Bond on the books kept for the regis- tration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without al- teration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the in- formation concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners held by joint account.) - 20 - 8/7 8. The City may elect to deliver, in lieu of printed definitive bonds, a single typewritten temporary bond in substantially the form set forth above. The temporary bond shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. The Bonds shall be executed on behalf of the City by the signatures of its Mayor anc Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signa- ture of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 9. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless and until a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Regis- trar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is August 1, 1986. The executed Certificate of Authentication on each Bond shall be conclusive evi- dence that it has been authenticated and delivered under this resolution. 10. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in para- graph 9) and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the princi- pal office of the Bond Registrar. Whenever any Bonds are to surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. - 21 - 8/7 All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satis- factory to the Bond Registrar, duly executed by the holder thereof or his attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax of other governmental charge payable in connection with the transfer or ex- change of any Bond. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest on any Bond shall be paid on each interest payment date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond.Regis- trar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such interest payment date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted in- terest. Notice of the Special Record Date shall be given by the Bond Regis- trar to the Holders not less than 10 days prior to the Special Record Date. 13. The City and the Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving pay- ment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Pur- chaser shall not be obliged to see to the proper application thereof. 15. There is hereby created a special fund to be designated "General Obligation Tax Increment Bonds (Development District No. 1) Fund" (the "Fund ") to be held and administered by the Treasurer separate and apart from all other funds of the City. The Fund shall be maintained in the manner herein speci- fied until all of the Bonds herein authorized and made payable from the Fund and any other general obligation tax increment bonds hereafter issued to complete - 22 - 8/7 the Project, including any modifications or additions thereto, and made pay- able from the Fund and the interest thereon have been fully paid and the City has been fully reimbursed from the tax increments for all of the principal and interest of such bonds paid .by the City from .taxes levied on property in the City other than the Project area. There shall be maintained in the Fund two separate accounts to be designated the "Capital Account" and the "Debt Service Account ", respectively. The proceeds of the sale of the Bonds herein author- ized, less any accrued interest received thereon, and less any amount paid for the Bonds in excess of $2,442,690, and less capitalized interest in the amount of $236,512 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before August 1, 1987), shall be credited to the Capital Account from which there shall be paid all costs and expenses of the Project, including the cost of any purchase and construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minne- sota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the Bond proceeds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of tax increments. There is hereby pledged and there shall be credited to the Debt Service Account (a) all accrued interest received upon delivery of the Bonds; (b) all funds paid for the Bonds in excess of $2,442,690; (c) capitalized inter- est in the amount of $236,512 (togehter with interest earnings thereon and sub- ject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before August 1, 1987); (d) tax incre- ments derived from the Tax Increment Districts in an amount which together with other revenues herein pledged to the payment thereof are sufficient to pay the principal and interest to become due on the Bonds; (e) any collections of all .. taxes which may hereafter be levied in the event that the tax increments and other revenues herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (f) all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; and (g) all investment earnings on funds held in the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds issued hereunder and any other general obligation tax increment bonds of the City hereafter issued by the City and made payable from said account as provided by law. Any sums from time to time held in the Debt Service Account in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield re- strictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" made available under the federal arbitrage regulations. In addition, money in the Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 103(h) of the Internal Revenue Code of 1954, as amended. 16. The County Auditor of Ramsey County has certified that the original assessed values (as defined in Minnesota Statutes, Section 273.73, Subdivison 7) of property in Economic Development District No. 1 -1, Housing District No. 1 -1 and Housing District No. 1 -2, respectively, as of January 2, 1986 are - 23 - 8/7 $278,700, $3,160 and $37,440, respectively. The County Auditor shall determine in each year if the then current assessed values of property in the Tax Increment Districts exceeds the original assessed values, and shall calculate, in the manner provided in Minnesota Statutes, Section 273.76, Subdivision 3, the captured assessed values (as defined therein) attributable to the Tax Increment Districts. The City has determined to retain 100% of the captured assessed values for purposes of tax increment financing. The County Auditor shall in each such year, compute the mill rates to be extended against the captured assessed values in the manner provided in Minnesota Statutes, Section 273.76, Subdivision 3, and the taxes generated thereby shall constitute the tax increments for the year in which it is received. The County Treasurer will remit to the City the tax increments so received until the cost of the Project, including prin- cipal and the interest on the Bonds, has been paid and the City has been fully reimbursed for any principal and interest on the Bonds which have been paid from any taxes levied. The City hereby pledges and appropriates the tax increments to the Debt Service Account, which pledge and appropria- tion shall continue until all of the Bonds, and any additional bonds payable from the Debt Service Account, are paid or discharged. The City hereby ex- pressly reserves the right to use the tax increments to finance costs set forth in the Plans not financed hereby or to finance costs of other projects to be undertaken from time to time within the Development District in accor- dance with the Program and the Plans, as the same may be amended from time to time. 17. On or before October 10 of each year, the Clerk shall certify to the County Auditor of Ramsey County the amount of tax increments and any other funds appropriated to and then held in the Debt Service Account and the esti- mated collections of tax increments to be received in the next succeeding year. In the event that it is anticipated that the aggregate of said sums will not be sufficient to pay the principal and interest on.the Bonds to be- come due in the first calendar year thereafter and the first six months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Ramsey County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the Debt Service Account and said estimated collections of tax increments to pay the principal and interest on the Bonds to become due during said period. 18. The tax increments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds (other than cash on hand), will produce at least five percent in excess of the amount needed to meet when due the principal and interest pay- ments on the Bonds, except for interest payable hereunder from cash on hand on the date of Bond closing and pledged for such purpose. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. - 24 - 8/7 19. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he shall require, and to obtain from the Auditor his certificate that the Bonds have been entered in the Auditor's Bond Register. 20. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser of the Bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, inclu- ding any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Notwithstanding any provision herein to the contrary, the City re- serves the right to terminate, reduce or apply to other lawful purpose the tax increments herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner permitted by law. 22. On the date this resolution is adopted, both the United States House of Representatives (the "House ") and the United States Senate (the "Senate ") have passed different versions of H.R. 3838 (to be cited as "H.R. 3838 "). The House version of H.R. 3838 proposes new rules applicable to bonds exempt from federal income taxation, to be made retroactively effective for all bonds issued on or after January 1, 1986. On March 14, 1986, a joint statement was made by the ranking majority and minority members of the House, Ways and Means Committee, the Senate Finance Committee and Secretary of the Treasury, James A. Baker III concerning certain provisions relating to the effective date of selec- tive provisions of the House version of H.R. 3838 as it relates to certain es- sential function bonds..:. The joint statement stated the five individuals are endorsing a selective postponement of the effective date of certain provisions and restrictions of H.R. 3838 to September 1, 1986, or until the enactment date of tax reform legislation, whichever occurs sooner. The applicable pro- visions of the Senate version of H.R. 3838 are not effective until date of enactment. Based on the joint statement and the delayed effective date of the Senate version of H.R. 3838, the City will not comply with the provisions of H.R. 3838 for which the effective date has been or (under the joint statement) is to be postponed. However, because the joint statement does not postpone the effective date of the provisions of the House version of H R. 3838 relating to the calculation o #' yield based on the issue price, the City shall comply with this provision of the Clouse Version of H.R. 3838 in the form adopted on December 17, 1985, unless in the opinion of Bond counsel, such compliance is not necessary to maintain the tax - exempt status of the Bonds. In addition, to the extent that H.R. 3838 is enacted in a form different from either the House or Senate version of H.R.3838 and imposes any requirements retroactively effective to the time the Bonds are issued, the City shall use its best efforts to meet such requirements, provided that in meeting such requirements, the City will do so only to the ex- tent consistent with the purposes of this resolution, to the extent that there is a reasonable period of time in which to comply. 23. In order to qualify the Bonds as "qualified project bonds" within the meaning of Section 802(e)(3) of the House version of H.R. 3838, the City hereby - 25 - 8/7 makes the following factual statements and representations: (a) The City is a political subdivision and was in existence on October 23, 1985; (b) The reasonably anticipated amount of qualified tax - exempt obligations which will be issued by the City during Calendar Year 1986 will not exceed $10,000,000; (c) The Bonds are being issued in Calendar Year 1986 and are not nonessential function bonds as defined in Section 141 of the House version of HR. 3838; and (d) The Bonds are issued to provide project financing and the Bonds, together with any other bonds issued for the Project do not exceed $3,000,000. therefore, the City hereby designates the Bonds as "qualified project bonds" for the purpose of qualifying the Bonds as "qualified tax exempt obligations" pursuant to Section 803(e)(3) of the House version of H.R. 3838. Seconded by Councilmember Wasiluk. Ayes - all. H. UNFINISHED BUSINESS None. I. NEW BUSINESS 1. Data Processing Needs Report a. Ms. Ann Carroll, Carroll, Franck and Associates, presented the final Needs Assessment report concerning computer use. Mayor Greavu arrived at the meeting at 5:21 P.M. b. Councilmember Bastian moved to accept the report and instructed Staff to proceed to the next phase and that there be more involvement by the Council Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATION None. K. COUNCIL 1. City Hall a. Councilmember Anderson requests Council, Staff, and the builders of the new City Hall meet and tour the building. b. A meeting was established for Wesnesday, August 13, 1986, at 6:00 P.M. at the new City Hall. 2. Hillcrest Development Letter - 26 - 8/7 a. Councilmember Bastian had questions regarding the letter from Hillcrest Development. b. No action taken. C, Councilmember Bastian requested no action be taken on the Emergency Services Tower request. He also requested a detailed plan showing the offices in the new City Hall and who was assigned the spaces. 3. City Hall Sign a. CouncilmeiTbers Wasiluk and Anderson commented on the new sign CITY HALL POLICE. They questioned if a more appropriate wording could be found, L. ADMINISTRATIVE PRESENTATIONS None M. ADJOURNMENT 5:51 P.M. City Clerk - 27 - 8/7 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 11, 1986 Council Chambers, Municipal Building Meeting No. 86 -20 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:05 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Absent Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 86 -16 (July 14, 1986) Councilmember Anderson moved to approve the Minutes for Meeting No. 86 -16 (July 14, 1986) as submitted Seconded by Councilmember Wasiluk. Ayes - all. 2. Minutes No. 86 -17 (July 18, 1986) Councilmember Anderson moved to approve the Minutes of Meeting No. 86 -17 (July 18, ].986) as submitted Seconded by Mayor Greavu. D. APPROVAL OF AGENDA Ayes - all. Mayor Greavu moved to approve the Agenda as amended: 1. Open House 2. Community Design Review Board Meeting 3. Council Salaries 4. Meeting - Council and Staff 5. Ordinance Review 6. Meeting - Planning Commission 7. B.N. Abandonment B. Ramsey County League .. 9. Deferred assessment 10. County Road C Water Main - Item I -9 Seconded by Councilmember Anderson. Ayes - all. 8/11 CONSENT AGENDA Councilmember Wasiluk moved, seconded by Mayor Greavu, Ayes - all, to approve the Consent Agenda Items 1 through 9 as recommended 1. Accounts Payable Approved the accounts: (Part I - Fees, Services, Expenses Check register dated July 31 through August 4, 1986 - $848,088.13: Part II - Payroll dated August 8, 1986, gross amount $141,856.25) in the amount of $989,944.38. 2. Time Extension Approved a one -year time extension for the Cave's Century Addition planned unit development, on the basis that the applicant is making satisfactory progress in the phased development of this site. Approval is subject to the condition of the June 14, 1986 amendment to the PUD, and Approved a one -year time extension for the preliminary plat to be designated as Cave's Century 5th Addition, subject to the original conditions, as amended on June 14, 1982. 3. North Maplewood Lions' Organization Donation Accepted a donation of $5000 from the North Maplewood Lions' Organization for the purchase of furniture for the lobby at the new City Hall. Approved the necessary budget increase. A letter of appreciation is to be forwarded. 4. Donation - Crime Watch Signs Accepted a donation of $45.00 from i Gregory and Kathleen Juenemann as a contri- bution for three Crime Watch signs and approved the necessary budget increase. A letter of appreciation will be forwarded. 5. Budget Change: P.A.C. Fund for Battle Creek Park Approved a budget change to finance the purchase of 3 -1/2 acres of park land in Battle Creek from the Commercial P.A.C. Fund in the amount of $212,500. 6. Final Payment - Project 84 -10, Connor Avenue Resolution No. 86 - 8 - 145 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 84 -10, Connor Avenue - east of Highway 61, and has let a construction contract, and WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is completed and accepted and final payment on the construction contract is hereby authorized. - 2 - 8/11 7. Supplemental Agreement I, Project 83 -01 - Frost Avenue Resolution No. 86 - 8 - 146 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 83 -01, Frost Avenue Reconstruction, and has let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 83 -01, Supplemental Agreement 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Engineer is hereby authorized and directed to modify the existing contract by executing said Supplemental Agreement 1. 8. Approval of Election Judges Resolution No. 86 - 8 - 147 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1986 Primary Election, Tuesday, Septmeber 9, 1986: Precinct #1 Eleanor Mathews, Chairman Betty Eddy Agnes Allen Idamae Biebighauser Precinct #5 Elsie Wiegert, Chairman Emma Klebe Evelyn Axdahl Phyllis Erickson Precinct #2 Pat Thompson, Chairman Kathleen Dittel Bea Hendricks Florence Stella Precinct #3 Charlene Arbuckle, Chairman Barb Leiter Alice Miller Precinct #4 Precinct #6 Kathy Supan, Chairman Gunborg Mowchan Linda Prigge Judy Widholm Precinct #7 Margaret Wolszon, Armella Podgorski Joan Cottrell Chairman Precinct #8 Jack Arbuckle, Chairman Lorraine Fischer, Chairman Joyce Lipinski Betty Berglund Marjory Tooley Rita Frederickson Sandy Jones - 3 - 8/11 Precinct # 9 Precinct #11 Mary Johnson, Chairman Shirley Luttrell, Chairman Delores Mallet Maxine Olson Margaret McDonald Delores Lofgren Theodore Haas Diana Golaski Precinct #10 Precinct #12 Anne Fosburgh, Chairman Mary Libhardt, Chairman Mary Lou Lieder Deloris Fastner Dorothy Arbore Mildred Dehen Pat Werden Audrey Duellman 9. Revised Resolution - Easement Vacation Resolution No. 86 - 8- 148 WHEREAS, on June 9, 1986, the Council passed Resolution 86 - 6 - 101 vacating a utility easement located on Lot 5, Block 1, Tousley Commercial Park; and WHEREAS, Tousley Development Corporation has requested that said resolution be amended so as to provide a more definite legal description of the vacated easement and of the premises released from said easement. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that Resolution 86 - 6 - 101 be amended as follows: 1. The description of the vacated easement contained in the resolution is deleted and the following is substituted: Utility easement (described on the plat as "sewer easement') located on Lot 5, Block 1, of the plat of Tousley Commercial Park. 2. The public interest in the vacated easement shall accrue to: Lot 5, except the east 82 feet thereof, Block 1, Tousley Commercial Park according to the recorded plat thereof. F. PUBLIC HEARINGS 1. 7:00 P.M., Plan Amendment, P.U.D., Preliminary Plat and Street Vacation Cave's Barclay Addition (4 Votes required) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ed Cave and Sonss, Inc., for approval of the following: 1. Approval of a land use plan amendment from RL, residential low density to RM, residential medium density. 2. Approve a conditional use permit for a planned unit development to allow smaller lots in a proposed 29 -lot subdivision in an R -1, single - dwelling district. - 4 - 8/11 3. Approve a preliminary plat for 29 single - dwelling lots. 4. Vacate a 24 x 660 foot street easement for the extension of Barclay Street that abuts the west property line. b. Director of Community Development Geoff Olson presented the Staff report. c. Mayor Greavu called for proponents. The following were heard: Ray Tuil, 2:352 Birmingham d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following resolution and moved its adoption WHEREAS, Ed Cave and Sons, Inc., initiated an amendment to the Maplewood Comprehensive Plan from RL to RM for the following- described property: The Southwest quarter of the Southeast quarter of the Northwest quarter, except the West 389 feet thereof; and the North half of the Southeast quarter of the Southeast quarter of the Northwest quarter; all in Section 10, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on August 4, 1986, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on August 11, 1986. The Council considered reports and recommenda- tions from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described _ plan amendment be approved on the basis that a RM designa- tion is required for a smaller -lot single - dwelling development. Seconded by Councilmember Wasiluk. Ayes - all. g. Mayor Greavu moved to approve the Caves' Barclay Addition Preliminary Plat subject to the following conditions - 5 - 8/11 a. Submission of a developer's agreement, with required surety, for all on -site public improvements. b. City Engineer approval of final grading, drainage and utility plans. c. All lots. in Block Two shall have at least 7,500 square feet above the desiqned 100 -year pond elevation. Seconded by Councilmember Anderson. Ayes - all. h. Mayor Greavu introduced the following resolution and moved its adoption WHEREAS, Ed Cave and Sons, Inc., initiated a conditional use permit for 29 single - dwelling lots at the following- described property: The West 460 feet of the North 132 feet of the South half of the Southeast quarter of the Southeast quarter of the Northwest quar- ter to Section 10, Township 29, Range 22, Ramsey County, Minnesota. The Southwest quarter of the Southeast quarter of the Northwest quarter, except the West 389 feet thereof; and the North half of the Southeast quarter of the Southeast quarter of the Northwest quarter; all in Section 10, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on August 4, 1986. The Planning Commis- sion recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on August 11, 1986. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also con- sidered reports and recommendations of the City Staff and Plan- ning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described conditional use permit be approved on the basis of the follow- ing findings -of -fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. - 6 - 8/11 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area proper- ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. The project would be consistent with the 1985 findings for amend- ing the plan and rezoning this site. The last condition, in particular, states that "nothing contained herein shall be construed to discourage the submission of planned unit development proposals pursuant to the provisions of Section 36 -348 of the Maplewood Code of Ordinances." 12. Single dwellings would be the most compatible BUD with the surround- ing area. Approval is subject to adherence to the site plan, dated June 12, 1986, unless a change is approved by the City's Community Design Review Board. Seconded by Councilmember Anderson. Ayes - all. i. Mayor Greavu introduced the following resolution and moved its adoption 86 - 8 - 151 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the street easement that lies over the East 24 feet of the following- described property: The West 389 feet of the SW 1/4 of the SE 1/4 of the M 1/4 of Section 10, Township 29, Range 22; WHEREAS, the procedural history of this vacation is as follows: - 7 - 8/11 1. This vacation was reviewed by the Planning Commission on August 4, 1986. The Planning Commission recommended to the City Council that this vacation be approved. 2. The City Council held a public hearing on August 11, 1986, to con - sider this vacation. Notice thereof was published and mailed pur- suant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above- described street easement, public interest in the property will accrue to the above - described property. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above- described vacation on the basis that Barclay Street is proposed to be relocated to the east. Seconded by Councilmember Anderson. Ayes - all. 2. 7:10 P.M., Code Amendment : Garage Size - Second Reading (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding amending the code to delete the requirement that a garage not exceed 75% of the floor area of the house. b. Director of Community Development Olson presented the Staff report. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 596 AN ORDINANCE INCREASING THE MAXIMUM GARAGE AREA FOR SMALLER HOMES Section 1. The definition of "private garage" in Section 36 -6 is amended as follows: Private garage: A private garage is an accessory building designed or used for the shelter or storage of motor vehicles. A private garage may not exceed area of one -ahous-and 11;900)..5quare feet. Private garages may not exceed one story in height. Section 2. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on August 11, 1986. Mayor ATTEST: Clerk - R Ayes - 4 Nays - 0 Seconded by Councilmember Wasiluk G. AWARD OF BIDS 1. Seal Coat Ayes - all. a. Director of Public Works Ken Haider presented the Staff report.. b. Councilmember Anderson introduced the following resolution and moved its adoption 86 - 8 - 152 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Allied Blacktop, Inc., in the amount of $43,660.00 is the lowest responsible bid for the 1986 seal coat project 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. Seconded by Councilmember Juker. Ayes - all. 2. Overlay a. Director of Public Works Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption 86 -8- 153 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Munn Blacktop, Inc., in the amount of $60,872.70 is the lowest re- sponsible bid for the 1986 Bituminous Overlay Project 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. Seconded by Councilmember Juker. Ayes - all. H. UNFINISHED BUSINESS 1. Preliminary Plat and Rezoning : Carver Heights a. Director of Community Development Olson presented the Staff report. b. Mayor Greavu moved to approve the Carver Heights Preliminary Plat, subject to the following conditions being satisfied before final plat approval 1. Submittal of a developer's agreement, with required surety, to the City Engineer for the required public improvements. This agreement shall include the construction of a temporary cul -de -sac for the street stubbed to the east property line, off -site storm sewer, any pond construction that will not be a public project, detailed specifications for the excavation of the steep slope on the west- erly boundary of the site and removal of the above- ground utility lines and poles. 2. Acquisition by the City or developer of a public ponding easement - 9 - 8/11 and accompanying storm sewer easements for the three -acre foot pond planned on the adjoining property to the east. The appli- cant shall construct a storm sewer from the Carver Heights plat to the proposed pond. Dependent upon the size of the ponding easement obtained, construction of a pond may be deferred until the area surrounding the wetland is developed. The City Engineer may waive the construction of the planned storm sewer from this pond to Fish Creek, if the applicant can document that the pond will not need an outlet until the drainage area is more fully developed. 3. An easement shall be submitted for a 108 -foot diameter temporary cul -de -sac for the street to be built to the east property line. 4. The streets in the plat shall be named as follows: a. The north -south .street shall be named Dorland Road. b. The permanent cul -de -sac shall be named Overlook Circle. C. The street built to the east property line shall be named Heights Avenue beginning at the southeast corner of Lot 11, Block 1, as the street is required to be realigned in Condition 5. 5.. The alignment of the street to be built to the east property line shall be revised to be consistent with the area street conicept map on page 12 of the Staff report dated 7 -1 -86. 6. Water quality management and erosion control plans must be approved by the City Engineer. These plans shall comply with the following sections of City Code: 9 -191 (1) (c), 36 -566 (f) and 36 -567 (b). 7. The radius for the permanant cul -de -sac shall be increased from 50 to 60 feet. 8. City Engineer approval of final grading, drainage and utility plans. The proposed storm sewer from the north -south street to Fish Creek shall be eliminated. Site drainage shall be directed to the planned pond on the property to the east. A ten -foot wide storm sewer ease- ment shall be shown along the east property line of Lot 15, Block 1, as required to be revised in Condition 5. Seconded by Councilmember Anderson. Ayes - all. C. The resident at 2410 Carver Avenue had questions regarding the ponding area. d. Mayor Greavu introduced the following resolution and moved its adoption: 86 - 8 - 154 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R -1, residence district (single dwelling) for the following - described property: - 10 - 8/11 The East 735 feet of the Southwest 1/4 of the Northwest 1/4, Section 24, Township 28, Range 22, except the following three parcels: 1. The West 255 feet of the North 390 feet thereof; 2. The West 100 feet of the East 480 feet of the North 333 feet, and 3. Beginning at the Southeast corner of the Southwest 1/4 of the Northwest 1/4, Section 24, Township 28, Range 22 W; thence west on the South line of the Southwest 1/4 of the Northwest 1/4 of the West line of the East 735.0 feet; thence north paral- lel to the East line of the Southwest 1/4 of the Northwest 1/4 to a point 390 feet south of the North line of the Southwest 1/4 of the Northwest 1/4 thence east parallel to the North line of the Southwest 1/4 of the Northwest 1/4 165.0 feet; thence south 14 degrees 28 minutes east 410.0 feet; thence south 56 degrees 10 minutes east 95.0 feet; thence south 7 degrees 35 minutes east 130 feet; thence south 30 degrees 58 minutes east 110.0 feet; thence south 59 degrees 40 minutes east 110.0 feet; thence east parallel to the South line of the Southwest 1/4 of the Northwest 1/4 to the east line of the Southwest 1/4 of the Northwest 1/4; thence south on said East line of the Southwest 1/4 of the North 1/4 to the point of beginning. Subject to rights of the public in Carver Avenue. Subject, however, to a permanent easement for roadway purposes, - said easement covering the east 18 feet of the said East 1/2 the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 24, Township 28, Range 22. This property is also known as 2350 Carver Avenue, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on July 7, 1986. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on August 11, 1986, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. - 11 - 8/11 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neigh- borhood, and that the use of the property adjacent to the area in- cluded in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire ,protection and schools. 5. Rezoning would eliminate any potential nuisances associated with farm residence zoning, such as raising of livestock, that are in- compatible with a single - dwelling neighborhood. Seconded by Councilmember Anderson. Ayes - all. e. Mayor Greavu introduced the following resolution and moved its adoption 86 - 8 - 155 WHEREAS, Wally Ebertz initiated proceedings to vacate the . public interest in the following described easement: The east 18 feet of the north 1/2 of the following parcel: Beginning at the NE corner of SW 1/4 of NW 1/4 thence west on north line said 1/4 1/4 380 feet thence south 333 feet thence west 100 feet thence south 57 feet thence west 90 feet thence south 14 degree 28 minutes east 410 feet thence south 56 degrees 10 minutes east 95 feet thence south 7 degrees 35 minutes east 130 feet thence south 30 degrees 58 minutes east 110 feet thence east parallel to south line said 1/4 1/4 to east line said 1/4 1/4 thence north on east line to beginning in the southwest 1/4 of northwest 1/4 of Section 24 Town 28, Range 22; WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said easement have signed a petition for this vacation; - 2. This vacation was reviewed by the Planning Commission on July 7, 1986. The Planning Commission recommended to the City Council that this vacation be approved. - 12 - 8/11 3. The City Council held a public hearing on July 28, 1986, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. 4. The City Council tabled action until August 11, 1986. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above- described vacation on the basis that there is no public need for the easement. Seconded by Councilmember Anderson. Ayes - all. 2. Maplewood Arts Council a. City Clerk Lu Aurelius presented the Staff report. b. Councilmember Anderson moved to establish the recommendation in the report and that the the be Seconded by Councilmember Wasiluk. Ayes - all. proceed with 300.00 from C. It was further stated that further approval concerning costs for brochures, etc., will be required. I. NEW BUSINESS 1. City Hall Smoking Policy a. City Manager Don Lais presented the Staff report. b. Councilmember Juker moved to table this item until the August 25, 1986 meeting or until the Council tours the new City Hall Seconded by Councilmember Anderson. Ayes - all. 2. Change Order : New City Hall a. Councilmember Anderson moved to table this item Seconded by Councilmember Juker. Councilmember Anderson withdrew his motion. b. Mr. George Rossbach, 1406 E. County Road C spoke supporting the change order. c. Councilmember Anderson moved to table this Item until August 25, 1986, or until the Council tours the new City Hall Seconded by Councilmember Juker. Ayes - all. 13 - 8/11 3. Plans and Specifications : Project 86 -03, Water District 6 Improvement a. Assistant City Engineer Chuck Ahl presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption [Z:EIRAMER&T-1 WHEREAS, pursuant to resolution passed by the City Council on June 4, 1986, plans and specifications for the elevated tank and feeder main portion of the Water Service District 6 Improvements, Project 86 -03, have been pre- pared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLE - WOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifi- cations. The advertisement shall be published twice, at least ten days before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the County at 10:00 A.M., on the 5th day of September, 1986, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council Meeting of September 8, 1986. Seconded by Councilmember Anderson. Ayes - all. 5. Feasibility Study : Project 86 -05, Hillwood Drive. a. Assistant.>City Engineer Ahl presented fhe.Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption 86 - 8 - 157 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Hillwood Drive east of Crestview Drive by construction of street, storm sewer, sanitary sewer and water main, and - 14 - 8/11 WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Hillwood Drive east of Crestview Drive by construction of street, storm sewer, sanitary sewer and water main, is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an .estimated total cost of the improvement of $245,200.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Monday, the Sth day of September, 1986, at 7:10 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improve- ment as required by law. Seconded by Councilmember Anderson. Ayes - all. 6. Upper Afton Road - McKnight - Century a. City Engineer Ken Haider presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: - �1120kY:7 WHEREAS, it is proposed by the City Council to reconstruct the street and improve the water main, sanitary sewer and storm sewer as needed and to assess the benefited property for all or a portion of the cost of the improve- ment, 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 improve- ment 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 improve- ment as recommended. Seconded by Mayor Greavu. Ayes - all. - 15 - B /11 7. Hillcrest Trunk Sanitary Sewer a, Director of Public Works Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: WHEREAS, it is proposed to construct a trunk sanitary sewer from Larpen- teur Avenue and Sterling Street southerly and westerly to McKnight Road and Ivy Avenue and then southerly to Maryland Avenue 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 improve- ment 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 improve- ment as recommended. Seconded by Councilmember Anderson. Ayes - all. 8, Emergency Services Radio Tower 9, 10 a. Mayor Greavu moved to table this item until the meeting of August 25, 1986, Seconded by Councilmember Anderson. Ayes - all. 1380 Frost Avenue Listing Agreement Deleted from Agenda. County Road C Water Main a. Director of Public Works Haider presented the Staff report, b, Councilmember Anderson introduced the following resolution and moved its adoption WHEREAS, on July 16, 1986 and on July 23, 1986, an advertisement for bids for the construction of County Road C water main from 200 feet west of the Highway 61 Frontage Road to Forest Street, City Project 86 -04, was pub- lished in the Maplewood Review, the official newspaper of the City of Maple- wood, pursuant to resolution of the Council dated July 14, 1986, and also was published in the Construction Bulletin on July 18, 1986 and on July 25, 1986, and WHEREAS, the only bids received were the following: 1. S.J. Louis Construction $160,023.50 2. Lake Area Utility $199,440.00 - 16 - 8/11 and all such bids were higher than the Engineer's estimate of $131,181.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. That all such bids are rejected and the City Engineer and City Clerk shall proceed with the approved plans and specifications under the direction of the Council to readvertise for bids such that said project may be constructed during 1987. 2. The City Clerk shall prepare and cause to be inserted in the offi- cial paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 A.M. on the 28th day of January, 1987, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of the contract, at the regular City Council Meeting of February 9, 1987. Seconded by Councilmember Juker. Ayes - all. J. VISITOR PRESENTATIONS 1. Mr. Jeff Johnson a. Mr. Jeff Johnson, speaking on behalf of video world, 2515 White Bear Avenue and Party Place, Plaza 3000, requested temporary signs at these locations. b. Council instructed this request be placed on the next Agenda. 2. Mr. George Rossbach a._ Mr. Rossbach wished to explain his position regarding recycling centers. He feels a center could be workable if enough money is available to provide a workable cycle. K. COUNCIL PRESENTATIONS 3. Council Salaries a. Councilmember Anderson requested the City Attorney to investigate the raising of Council salaries. 4. Council and Staff - 17 - 8/11 a. Councilmember Anderson stated he feels that Staff should be held responsi- ble as well as the Council for the ordinances that are adopted by Council. 5. Ordinance Review a. Councilmember Anderson requested that Council and Staff review any ordi- nances that have been problems. 1. Open House a. Councilmember Juker questioned if there was an anticipated date for the Open House for the new City Hall. b. Staff was instructed to investigate the cost of key rings to be given out at the open house. 2 -. Community Design Review Board Meeting a. Councilmember Juker requested a meeting of the Council and the C.D.R.B. b. Council isntructed a date for the meeting be established. 6. Meeting with Planning Commission a. Councilmember Wasiluk requested a. meeting of the Planning Commission and the Council.. b. Council instructed a meeting date be established. 7. Burlington- Northern Track Abandonment a. Councilmember Wasiluk stated there had been interest by the Light Rail Transit to use the abandoned B.N. tracks. She stated Mr. George Isaacs of the commuters has a 20 minute slide presentation showing the light rail transit system if anyone was interested. 8.. R.C.L.M. a. Councilmember Wasiluk stated the R.C.L.M. is having a picnic on August 20, 1986, from 5:00 P.M. to 6:00 P.M. and that there will be a bus tour of the regional parks and it will be narrated by Larry Holmberg. The picnic is the park on Victoria Street between County Road E and Highway 694. L. ADMINISTRATIVE PRESENTATIONS 1. Deferred Assessment a. City Attorney Bannigan stated he had investigated possible alternatives to the Metcalf assessment problem. b. Council instructed the Attorney to report back. - 18 - 8/11 ADJOURNMENT 10:20 P.M. City Clerk - 19 - 8/11 MINUTES OF MAPLEWOOD CITY COUNCIL 6:00 P.M., Thursday, August 13, 1986 City Hall - Police Meeting 86 - 21 A. CALL OR ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the new City Hall and was called to order at 6.:10 P.M. by Maur Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Councilmember Bastian moved to approve the Agenda as amended I. Council Meetings 2. Open Meeting Law Violation 3. A.M.M. Invoices Seconded by Mayor Greavu. Ayes - all. E. CONSENT AGENDA None. F. PUBLIC .HEARINGS None. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS None. I. NEW BUSINESS 1. City Hall Mayor Greavu recessed the meeting at 6:22 P.M. to tour the new City Hall. Mayor Greavu reconvened the meeting at 7:11 P.M. 6/13 V �y a. Council discussed the change order for the new building. b. Mayor Greavu moved to remove from the table Change Order No. 4. Seconded by Counci lmembe r Bastian. Ayes - all. c. Councilmember Bastian moved to delete Items 6 and 7 from the General Work Order and Item No. 1 from the Mecha Worker order and to approve change order No. 4 for Project Directive No. 15. Seconded by Mayor Greavu. Ayes - all. d. Council directed Staff to proceed with the following: Obtain costs for placing a dot, dash, etc., between "City Hall Police" on sign above the entrance. Obtain costs for repainting or replacing rest room partitions. Order. a door for security purposes by the entrance to City Clerk's Clerical area. Notify the Architect of the Council's concerns regarding the over - riding costs of errors and omissions in the new City Hall. e. Councilmember .Bastian moved to direct Staff to work out an arrangement with the offices in the new City Hall that full-time. employees as necessary have their own offices and art -time employees share an office where possible and that an office be made available for the Council. Seconded by Mayor Greavu. Ayes - all. J. VISITOR PERSENTATION None. K. COUNCIL PRESENTATIONS 1. Council Meetings a. Councilmember Bastian suggested the Coulcil should hold 3 or 4 meetings per month rather than just the 2. b. Referred to Staff 2. Open Meeting Law a. Councilmember Bastian discussed the meeting held last Thursday evening, August 7, 1986. L. ADMINISTRATIVE PRESENTATIONS 1. A.M.M. Dues a. City Manager Don Lais presented the 1986 Association of Metropolitan Municipality Dues in the amount of $2,363.00 for approval. - 2 - 8/13 b. Mayor Greavu moved to approve a ment of the 1986 A.M.M. dues Seconded by Counci lmember Bastian. Ayes - all. M. ADJOURNMENT 8: 37 P.M. City Clerk MEMO RAN DUM TO Mayor & Council., FROM: City Manager RE: Data Processing Consultant Contract DATE: August h9, :.1986 Y AQt 011 bS, Council: M . Re j eete (L....�_.._ Date Attached is a copy of the proposed contract for Data Processing Consulting Servi ces . - It is recommended that t.hi s contract be approved by the Council wi th authorization for execution. DLL: 1nb CARROLL, FRANCK &ASSOCIATES TRAINING, ENGINEERING, AND PLANNING 533 LAUREL AVE., ST. PAUL, MN 55102 612- 228 -9151 5 August 1986 Don _ Lais, City Manager Dan Faust, Finance Director City of Maplewood 1380 Frost Avenue Maplewood, MN 55109 Dear Don and Dan: In response to your interest in further consulting assistance to move forward on this computer project if the Council agrees with our recommendations, I have prepared the enclosed proposal* Dan has reviewed it in detail, and this reflects his preferred schedule and financial arrangement. Of course, I am not assuming that the Council will vote to go ahead with the project, nor that you are looking at only CF & A for additional services -- but I am hoping that you have been satisfied with our work and if the Council does move to proceed, that we will be selected to continue the project. Under any circumstances, I will see you both before the 7 August meeting with Council --- please let me know if you have any specific instructions for me prior to that meeting. Thank you both very much for your outstanding participation in the project to this point -- it has helped build a very solid foundation for whatever direction the City chooses to take. Sincerely, Anne R. Carroll CARROLL, FRANCK& AssociATES TRAINING, ENGINEERING, AND PLANNING 533 LAUREL AVE., ST. PAUL, MN 55102 612- 228 -9151 DATA PROCESSING CONSULTING: CITY OF MAPLEWOOD Bid Specifications and RFP . Proposal Analysis and System Recommendation . Contract Negotiation and Implementation Assistance . Follow-Up and Ongoing Consulting Proposal Date: 5 August 1986 Project Manager: Arne R. Carroll OVERVIEW The following proposal is submitted by Carroll, Franck & Associates in response to the City of Maplewood's interest in further assistance with evaluating and meeting its automation needs. We are proposing the following process and services, building upon the Needs Assessment previously completed: 1..Bid Specifications and RFP: Written Bid Specifications and RFP for the phased acquisition of an integrated software and . hardware system that meets the needs identified i n the Assessment. 2. Proposal Analysis: Analysis of proposals submitted in response to the Bid Specifications; preliminary identification of top finalists; comprehensive system demonstrations from finalists. 3. Vendor and System Recommendation: Documented recommendations of the most appropriate system and vendor. 4. Contract Negotiations and Implementation/ Installation Assistance: Contract negotiations with the vendor selected by the Council, yielding -final contract. and acquisition arrangement. Research and facilitation of financing method. Written Implementation Plan, system testing, and assistance to implement /install system. 5. Long -Term Consulting: Optional long -term consulting, at the City's request. As with the Needs Assessment, the proposed approach includes City staff at all steps; in addition, the Council and some Commissions may becomd more actively involved. This close working relationship with City staff and elected /appointed officials yields a set of policies and decisions that reflect a city -wide commitment. The following proposal includes a detailed description of services, preliminary schedule, identification of responsibilities, costs, and corporate credentials. Please note that this proposal covers consulting assistance through the first stage of acquisition. Our previous experience suggests that the first stage will include the bulk of the hardware and software, and is the most difficult for the City. The Finance Department has already decided that they will not implement the general accounting software until the end of 1986. Therefore, while the comprehensive demonstration and final selection of all software is included in this proposal, implementation of the Financial software is not. For assistance during later stages, please refer to Long -Term Consulting services discussed in Part 5. DESCRIPTION OF SERVICES Part 1: Bid Spec i f i c a t ions/ Request for Proposa I s The Bid Specifications /RFP builds on the Needs Assessment to create detailed system specifications. It will clarify the performance requirements necessary to allow the City to meet those stated current and future needs. Maplewood: Additional Data Processing Consulting Carroll, Franck & Associates Page 1 The Bid Specifications /RFP will address the following items: Software: . Applications: Generally what the software must do. . Capabilities: Specifically what the software must do given Maplewood's existing and future needs, and generally how it must do it. Relationship with - existing- capabilities: How the software must be designed to relate to (replace, convert, merge with; etc.) existing in -house and service bureau capabilities. . Integration, internal: What software elements must be integrated and . Integration, external: How City software must relate to external software (other units of government, databases, service bureaus, etc.) . Scale and Scope: How much of Maplewood's information must be handled concurrently and how the information must be managed by the system for acceptable access by operators. . Use: How the software must be designed to allow for trouble -free start up, staging, and ongoing use by staff Hardware: • Scale: The memory and storage capacity required to meet Maplewood's short- and long -term data quantity and data type needs, plus the capacity needed to meet software requirements. This will also address short- and long -term access requirements (number and type of terminals, printers, etc.) • Scope: Which work stations require what software and hardware in order to meet present and future needs. • Integration, internal: How the hardware must perform in relation to existing City hardware (supplement, replace, integrate, etc.). • Integration, external: How the hardware must be able to used with external computer services (other units of government, databases, service bureaus, etc.). System (Software /Hardware) 1. output: The acceptable output forms and formats. 2. Interfaces: The specific linkages required to communicate with other computerized and manual systems such as those at the County, the State Department of Motor Vehicles, local and national data bases that would be important to departments, etc. 3. Training: How much, when, where, at what level, and for whom. 4. Ability to Upgrade: How the initial system must be able to b_ e upgraded to accommodate short- and long -term staging 5. Transition: How the vendor must handle the following transitions: a) from the present systems, b) to an integrated, in -house system, and c) between stages of the in -house system. 6. Service and Maintenance: What services and maintenance agreements will be required of the selected vendor. Maplewood: Additional Data Processing Consulting Carroll, Franck & Associates Page 2 7. Price and Financing: Bidders will be asked to submit financing alternatives for the system they are proposing. Part 2: Proposal Analysis Review and evaluation of alternative hardware and software proposals based on - Maplewood's documented needs and bid specifications. 1. Complete review, analysis, and preliminary evaluation of all proposals submitted in response to the Bid Specifications /RFP. 2. Preliminary financial analysis of all proposals. 3. Identification of top bidders: those which best meet the criteria identified in the RFP. 4. Documented basis for recommendation of top bidders. 5. Comprehensive analysis and ranking of capabilities and costs of the software and hardware proposed by the top bidders. 6. Complete system demonstrations of the proposed hardware and software by the, top bidders. This will include comprehensive testing of software (using Maplewood data), particularly "for Finance, since they will be transitioning from an existing system. Staff and interested elected /appointed officials will attend with CFA. 7. Documentation of background and process used by City and CF s A to investigate each proposed system and reach conclusions; detailed discussion of criteria used and basis for CFEA's analysis. Part 3: Vendor and System Recommendation Following the system demonstrations, CF & A w i l l meet with staff who attended to solicit their observations and recommendations, then prepare the following: 1. Documentation of staff analysis and recommendation. 2. Final analysis of proposals and demonstrations, and recommendation of vendor. The analysis will include the following: a. Complete summary of the events to date. b. The process used to reach these conclusions. c. The basis for the final recommendations. d. A summary of the vendor's proposed software, hardware, training, and services. e. A summary of the vendor's background and anticipated ability to follow through on the commitment to the City. f. A discussion of recommended conversion activities. Part 4: Contract Negotiations and Implementation/ Installation Assistance Following the Council's selection of a system vendor, CF & A will complete the following; Maplewood: Additional Data Processing Consulting Carroll, Franck & Associates Page 3 1. Contract negotiations with the selected vendor: Presuming a successful conclusion, this will yield the following: a. Preliminary contract document for review by the City Attorney, City Manager, and Finance Director. This will include the specifications, delivery .timing of immediate and future software and hardware, training arrangements, f service, and any performance requirements. CF &A will :facilitate any revisions. b. Analysis and recommendation of acquisition method for review by City Attorney, City Manager, and Finance Director. c. Final contract and acquisition recommendation for presentation to the City Council. (in the unlikely case that an agreement cannot be reached with the vendor of first choice, CF & A w i l l make separate arrangements with the City to begin work on either a new R FP or negotiations with the vendor of second choice. The process followed at this point is at the discretion of the City.) 2. Implementation and Installation Assistance: CF & A will provide the following assistance: a. Implementation Plan, outlining the phased acquisition schedule, conversion arrangements, costs, requirements of all software and hardware from the selected vendor, and plans for future conversions. b. Comprehensive testing of all stage 1 software and hardware. The results will be documented for the City. c. Analysis and spot - checking of system training and documentation. General computer system orientation and training for both staff and elected /appointed officials is also available (proposal prepared upon request) . Part 5: Optional Long -Term Consulting Following the installation and start -up of stage 1 software and hardware, CF & A will be available for hourly consultation with the City. 1. Deliverables: This is at the discretion of the City, but may include software customization, additional documentation, application development, and supplementary training. 2. Schedule and Time Commitment: Carroll, Franck & Associates will be available for up to 10 hours a week for long -term consulting services for the City of Maplewood. These services are available until the City is comfortable working with the system with only vendor support. 3. Cost: Carroll, Franck & Associates will b i l l the City of Maplewood monthly for time and expenses at a rate of $65 per hour and $.21 per mile. Maplewood: Additional Data Processing Consulting Carroll, Franck & Associates Page 4 PROPOSED SCHEDULE AND RESPONSIBILITIES The following list of activities, timing, and responsibilities is submitted based on our preliminary information and estimates. This schedule will be modified as necessary to meet your requirements. The indicators of responsibility refer to activities which w i l l require time commitments on the part of either the City or CF & A. Activity Week Responsibility Maplewood CF & A • Signing of contract 1 X • Development of Bid Specifications/ 1 -5 X RFP from Needs Assessment • Delivery of written Bid 5 X Specificat ions/ RFP • Advertising for and receipt 6 -9 (30 days) X of proposals • Review and analysis of 10 -14 X X proposals submitted; system demos; demo report /memo delivered • Delivery of written Vendor and 15 X System Recommendations • Contract Negotiations 15 -28+ X X *Contract Negotiations (4 -6 wks) . Financing arrangements . Ordering system (4 -8 wks) • Implementation Assistance 15 -35+ X X • Implementation Plan • System testing • Troubleshooting . Optional Long -Term Consulting 35+ X Presuming a start date in fall of 1986, this preliminary schedule suggests start -up of the first stage would begin in March /April of 1987. Maplewood: Additional Data Processing Consulting Carroll, Franck & Associates Page 5 DELIVERABLES Over, the time period agreed upon, Carroll, Franck & Associates will deliver the products specified below to the City of Maplewood: • Bid Specifications and RFP (preliminary and final) • Memo: proposal analysis process and system demonstration results Report: Vendor and.1 System Recommendation (preliminary and final) Memos: proposed contract with selected vendor; financing options; recommended system acquisition method; system order summary . Implementation Plan . Memo: system testing results and any action steps required COSTS The total cost for these products and the associated consulting services is $11,000. This includes presentations to both staff and Council, and takes into consideration .the extra time required to meet Maplewood's special needs (such as coordination of conversion activities, transi'tion assistance, etc.). The optional long. term consulting is on a time and expenses basis according to the specifications in Part 5. Proposed payment procedures are indicated below: 1. Payment of $1,500 due upon signing contract with Carroll, Franck E Associates. 2. Carroll, Franck & Associates w i l l b i l l Maplewood monthly for the remainder of the contract. Amounts will be based on the percentage of work completed. Payments are due within 10 days of invoice date. CORPORATE and PROJECT REFERENCES Carroll, Franck & Associates provides consulting services to public and private sector clients throughout the region. Our expertise is in the following areas: Planning: Assisting organizations seeking to acquire an integrated computer system. This involves a needs assessment, bid specifications /RFP, evaluation of bids, final recommendations, contract negotiations, and implementation assistance. Training: Designing, developing, and implementing comprehensive training programs for managers and supervisors. This includes designing the training system and writing all necessary materials, such as workbooks, manuals, or simulation games. Engineering: Planning, design, and specifications for civil and structural engineering projects. Special expertise in risk assessment for structures. Maplewood: Additional Data Processing Consulting Carroll, Franck & Associates Page 6 We . have worked extensively with both governmental units and private corporations. Below is a list of specific references for projects similar to that proposed for Maplewood. _ City of Shoreview, 1985 -. Present 1. Needs Assessment 2. Bid Specifications and RFP 3. Proposal Analysis 4. Vendor and System Recommendations 5. Contract Negotiation and Acquisition Recommendations 6. Organizational Analysis (internal procedure changes) 7. Application development for specialized files 8. Installation Assistance and Post -Audit Report 9. Long -Term Consulting Contact: Gary Dickson, City Manager or B i l l Stawarski, Finance Director Phone: 484 -3353 City of Prior Lake, 1984- Present 1. Needs Assessment 2. Bid Specifications and RFP 3. Proposal Analysis 4. Vendor and System Recommendations 5. Contract Negotiation and Acquisition Recommendations 6. Orientation Training 7. Installation Assistance 8. Follow -Up Reports 9. Application development for specialized files 10. Long -Term Consulting Contact: Mike McGuire, City Manager: 447 -4230 Regional Transit Board, 1985 1. Needs Assessment 2. Computer System Specifications 3. Vendor and System Recommendation 4. Testing and Implementation Assistance 5. Long -Term Consulting Contact: Elliott Perovich, Chairman: 292 -8789 Maplewood: Additional Data Processing Consulting Carroll, Franck & Associates Page 7 City of Ramsey, 1983 -84 _ 1. Needs Assessment 2. Bid Specifications and RFP 3. Proposal Analysis 4. Vendor and System Recommendations 5. Orientation Training 6. Installation Assistance Contact: Jeanne Haapala, City Accountant (now at Cottage Grove: 458 -2821) Maplewood: Additional Data Processing Consulting Carroll, Franck & Associates Page 8 A CARROLL, FRANCK &ASSOCIATES TRAINING, ENGINEERING, AND PLANNING 533 LAUREL AVE., ST. PAUL, MN 55102 612- 228 -9151 LETTER OF AGREEMENT The City of Maplewood and Carroll, Franck & Associates agree to the following: 1. Carroll, Franck & Associates will deliver the consulting services and products outlined in the attached proposal for the fees . specified. 2. Any work beyond the scope of this proposal authorized by the City will be performed at a rate of $65 per hour and $.21 per mile. 3. The City agrees to provide Carroll, Franck & Associates with timely access to staff, existing system specifications, existing input and output, and timely consideration of deliverables. 4. All documents delivered by Carroll, Franck & Associates become the property of the City; Carroll, Franck & Associates retains the right to use these in the future as work samples. 5. Payment terms: a. The City agrees to pay Carroll, Franck & Associates a total of $11,000 for the delivery of the services and products outlined in Parts 1 -4 of this proposal. b. After the i n i t i a l payment, Carroll, Franck & Associates will b i l l the City monthly based on the percentage of work performed. c. Payment is due within 10 days of receipt of invoice. d. The City may order work stopped on the project at the end of any Part. In that event, the City shall pay for the percentage of work performed on the project to date. Agreed to: Date: City of Maplewood 2 Carroll, Franck & Associates City of Maplewood �E "WAW 3 MEMORANDUM T0: City Manager � FROM: Finance Director RE: Budget Transfer for Data Processing Study DATE:. August 19, 1986 Ac-ti on by; Co o i i. Endors e d, Modifi ec Rei eotec� The August 5th proposal from Carroll Franck & Associates for additional data proce consul ti ng services has a cost of $11,000. If the Council approves this proposal, it is anticipated that the portion of the work that wi be done i n .1986 wil cost $5,000. Since this is not included in the 1986 Budget, it is recommended that the Council approve a $ transfer from the General Fund Contingency Account to finance the 1986 costs. (The current balance in the General Fund Contingency Account is $8,360.) DFF:Inb MEMORANDUM Action by Council o, TO: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: PROJECT: DATE: Re uest Final plat approval. City Manager Endorse Associate Planner--Johnson Modifie Final Plat Rej ected Count Road B and English Street County g Ed Cave and Sons, Inc. Date Cave's English Street Second Addition August 14, 1986 SUMMARY There are no unsatisfied conditions of preliminary plat approval. Recommendations Approve Cave's English Street Second Addition final plat for five single— dwelling lots and a large sixth parcel for sixteen condo— minium units. BACKGROUND Past Actions 6 -9 -86: Council approved Cave's English Street Second Addition preliminary plat and planned u n i t development for f i v e s i n g l e — d w e l l i n g lots and sixteen condominium units. An accompanying request to vacate ob— solete street and alley rights —of —way was also approved. The minutes do not state any conditions of preliminary plat approval however, the following conditions were considered as recommended by the planning commission. 1. Lot six shall be designated as an outlot. It is the c1 ty's in— tention to allow development of the outlot when an area storm sewer project is contracted for. (Comments: This condition was deleted by council and sixteen condominium units were authorized for Lot Six.) 2. City engineer approval of final utility, grading, and drainage plans. 3. A ponding easement shall be shown on Lot Six'as required by the city engineer. 4. Submission of a signed developer's agreement, with required surety, to the city engineer for repair of English Street where utility connect — ti ons are made and for the construction of sewer and water services within the right —of —way. 50 Recording of the resolutions of vacation for alley and street rights —of —way that exist on this site before final plat approval is requested. 6, Increase the proposed ten —foot wide easement running along the south l i n e of Lot Five and part of Lot Six, to fifteen feet of width. 7. Omit the utility easement not within the boundary of the plat. 8. Switch the proposed lot width of Lots Four and Five to accommodate the wider utility easement required in condition 6. Procedure City council approval. A ++ar`hmnn +c 1. Site plan (5- 22 -86) 2. Final plat (8 112 X 11) 3. Final plat (separate enclosure) 2 L_ /A Y C & JVIVJ, ItN�,. 23.01 Woodbridge St. nevi l le, MN 55113 i ...._ .. . 4��i 1% ♦ , ' o of le � Cam „ • • � . `...,.. `„r'.r .. '- • � ~1 .�.. • «..w• ................ .,._ - _ '`•�. `• • r.,,�` - ....• / - I JI JI 05 if f . % N \ ` N -N Af / ) / ....... AID �___- - ~���• - _ . I 0 0,- f / 1 r— Uri ! ! / / .. = r if L CL of ! ; \ =� ` • i jf ,` / , . OP J • I • • l • I' .w..w..�r.....^ � «.r.�.Y.�.���•.w�rpr•w•...�. +.w '�_• w. T� .♦►. S. ! :.�, .. +-7 ... ... .. ....... ..... _. - ^"'� •« ^ �,. """"' �� , T om: + ."' ���'/Lw' "" ; \ l `;;; - .i♦ gis( 4 •rid s✓ 1 w - ' �« .... +'ter ....�.... ••��« r .Oooe t 7 -••_+ w....... ... ' .......... ........... ............ . .....�« ... .. �...• � ' .+ .... ` � �W, t .. .... ... .. .. .. ... .. _ ._ �� ... .. •,tea••". •! I L f r so I k �, tab I 1 I ► I I c' \ �- � 4 .5 2 I 24 � 2 5 \ �� - - - -- - - -- - 1-- - - - -L- 1 -- - - - -1- I t t t. 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TO: City Manager Date FROM: Thomas Ekstrand -- Associate Planner SUBJECT: Conditional Use Permit Renewal LOCATION: 2083 Arcade Street APPLICANVOWNER: Maria Silberbauer PROJECT: Beauty Parlor Home Occupation DATE: J u l y 31, 1986 SUMMARY R equest Renewal of a conditional use permit for a beauty parlor home occupation at 2083 Arcade Street Comments There have not been any complaints received over the applicant's home occupation and all code requirements are being met. Recommendation Renewal of the beauty parlor home occupation permit for 2083 Arcade Street for five years, since all code requirements are being met and there have not been any nuisance complaints received from the neighborhood. Approval is subject to the following conditions: p 1. A five —pound ABC fire extinguisher shall be installed in the beauty shop. 2. On— street parking by customers shall be discouraged. 3. No expansion of the permit in any way shall occur without the approval of the City Council, PAST ACTION 6 -1 -72: Council originally approved the home occupation. 6- 21 -73: Council renewed the permit for one year. 7- 20 -78: Council renewed the permit for five years. 10-25-83: Council renewed the permit based on the following findings: 1. All code requirements are being met. 2. There have not been any nuisance complaints received from the neighborhood. Renewal was subject to the following condition: 1. There permit may be renewed in three years by the City Council. 2. A five —pound ABC fire extinguisher shall be installed in the beauty shop. 3. On— street parking by customers shall be discouraged. 4. No expansion of the permit in any way shall occur without the approval of the City Council, PLANNING CONSIDERATIONS 1. Land Use Plan designation: RL, low density residential. 2. Zoning: R -1, residence district (single dwelling) 3. Code requirements: a. All requirements of the city code relating to home occupations are being met. b. Section 36 -442 (e) provides that upon review of a home occupation renewal request, the council may specify an indefinite term or specific term not to exceed five years for subsequent reviews. C, The city's licensing code requires that a license be secured from the city clerk annually in the month of January to continue operation of a home o-ccupation. This license has been obtained. Attachments: 1. Location Map 2. Property Line Map 2 U8 CQ- RD."132* LARK LAU - iD ELDRIDGE N W C) U) 4 4A AV Ix a: cr MT. VERNON AVE. (OOD AVE. - q.-A VIKING %� D, I� 25 �@ O T � -j 1 L I LELAN Q J [R o JUNCTION I[A two SK =3 s vi o RYAN lz* R. w FROST a CL �W F :1 N�TON AVE: "; Z W W cr. FRISSIE A CL IPLEY F VF 3 =R S O PH IA S o I r z LL. LL LOCATION MAP I Page 3 — Attachment 1 4 0 r 9 1 7 0_ � 1 14..._ t Ito � t _0 11 O 12 .!. S. p 26 S �) (Z 4. ) 1 t 3 ^ a e 2p 9.4 _ 1 10 I ( � ( (ZT/ I Z8} C 44) 135 1 • _ r •11 t 11 110 24.49 O 9 3 AV 338.73 - pp E. b M vp O �D Q t00 100 loo 100 100 JAl20 1 130 -47 lY8 0o N (n N ) a - 6 C 5 4 3 2 l I 9� 1I 4 „6 � 1_ !D I o0 100 100 I t oo roo.s I5289 1737 IQp 100 goo 40 o y! __ •. !` 1 # 7 (s4- (ss) Cam) ) 0s8) 699) ��- 8 0• " 21.8 �74 8 / I !0 00 3ul5 7 e) .L_. t t �o O'0 (a4)_ o v o 10.• ft?3 103 ' (04 I 1d7.2g 11S.AZ a � 10 7' t (4 64 �, (44) �,I (G3) ( &z) �ti (cvt) � R�9� � o C7 1� I I in � o i — _ I Q'' I 10? 103 t 99..99. 1/'T A ss 50it, tto 140 Ito �) �. / �;' �• (�) �t...E5 � T — . � �i � H I BIRO c aDO.� is A4 -lie °) ~, (7r) Z) i (73) � (74-) (7S') 4 6 oGt o c 110 114 1 BZ �,� 04 �� 0,4 •6, sun I _110 �. ��2,fl�__. _____._ �1�E I . - •.49 its- X99• t 4e' 103 49.5 41 M a )45.45 »,A 75 3 31. 33 N 0 5 7; 1 �I 01► 6' ?)141.03 141.03 A 3 "` o4d 3� (2) .T I at. 1 . • 19 _ 1 N ( 0 3 JZ 1 o A - 4 i o ia) �� j ka if 43 �4� Z x ) s � �a 0 f 15 A a.� ��t►T�s� 2t3.57 ' ' 3 Q o 0 17 `� I 3 G /17 13 I _._._ � � 2 . t�`+k . to � � ! 2 �io) ` 4 � „n ut O 15 (a j ) A M M � �. 6 (7 J y 430 cc .r ._.._ _t a .�� _u ^ of U) I �t J 6 M� �• 14 8) O Itst 176 o ISO .. ' 7 2&c "'' . wsc. _..� 1 r• 2G i w �► ' r � : Ol t (73) eat 110 �2 1 3l t ..._ ..._ Ld 10 4 15 w �' es (- l� • PROPERTY LINE /ZONING MAP Page 4 — Attacment 2 4 N TO: FROM: SUBJECT: LOCATION: % APPLICANT /OWNER: PROJECT: DATE: City Manager Thomas Ekstrand — Associate Planner Conditional Use Permit Renewal Northwest Corner, Ivy and Century Avenue Richard Pearson Rolling Hills Mobile-Home Park August 15, 1986 Action by Council # Endorse, Modified.....- lief ecte Dat e SUMMARY Request Renewal of the conditional use permit for the Rolling Hills Mobile Home Park, Comments Rolling Hills is now 98% full. There are only four vacant home sites left. Staff's primary concern is regarding the completion of tree installation. Due to a large amount of tree loss, the applicant must replace these trees with new material. This has been discussed with Mr. Pearson, as his letter (page7) indicates, and he will be planting these trees this fall. Recommendation Renewal of the conditional use permit for Rolling Hills Mobile Home Park for one year. 1 PAST ACTIONS 10-25-82: Council approved-the conditional use permit for the mobile home park. 4-23-84: permit to increase the permitted conditional use Council amended the P number of home sites from 245 to 246. Council also required the com- pletion of the storm shelter by 6- 22 -84. 7 -9 -84: Council amended the conditional use permit to permit storage sheds with - i n the 30 foot setback area from public rights -of -way. 7 -23 -84 Council required that no mobile homes be moved into the park for three weeks. 8-13-84: Council amended the conditional use permit to allow Mr. Pearson 60 days in which to get site improvements completed on a mobile home site, once a home is in place. Council also left a one year renewal period on this conditional use permit. t. Refer to page 4 for the conditions of approval of this condition- al use permit. 5 -13 -85 Council approved a site plan revision to allow Mr. Pearson to construct a wooden fence on the Ivy Avenue right - of - way. Mr. Pearson decided not to build the fence. 7-25-8S The review board approved a site plan revision to allow Mr. Pearson to construct a tot lot adjacent to the storm shelter. 8 -12 -85 Council renewed the conditional use permit for one year. 10 -8 -85 z The review board conditionally approved a revision to the site plan to permit carports and decks at the park. Attachments: 1. Location Map 2. Minutes of 8 -13 -84 3. Applicant's letter dated 8 -5 -86 2 R3 R2 R2I iF IRB ��� . 7 • wraw��►• R3. Ar Mot f A3 AVE N ) it fjr It 21 ( K)D) M, R ._• / - " M2 R 3 • RD (putt : . •.. ,..:.:.:: it ::�:::�:;•:�.:: �r «C r'w • R 3 � 'q MARYLAND . R AVE R R ( PU ) aE C F LBC IA AK it R w N El ❑ R h 'It L.L'M n� er • ft V ,.. R a a PTIt LOCATION /ZONING 3 Attachment one r c. Counc i lmember Bastian moved to grant a 60 day extension for the Rolling Hi M o b i l e Home P ark to comp 1 e e e ayi ng of - sod and necessary seea i ng . Seconded by Counci lmember Wa s i 1 uk . Ayes - all . d. Councilmember Anderson moved to leave the berm as it is resentl p Y Seconded by Counci lmember Wasi luk. Ayes - all • e. Counci lmember Bastian introduced the following resolution and moved its adoption: 84 -8- 121 WHEREAS, the City initiated an amendment to a c o n d i t i o n a l use permit for a mobile home park at the following described property: The Northeast quarter of the Southeast quarter of Section 24, Townsh 24 Range p g 22 WHEREAS, the procedural h i story of this cond i t i-ona 1 use permit i s as f ollows : 1 . The o r i g i n a l c o n d i t i o n a l use permit was approved by the Maplewood ewood C i t p Y Council on October 25, 1982 and revised on April 24 and July 9, 19840 2. The Maplewood City Council continued the hearing h e l d on July � 9 1984 to consider further amending or revoking the c o n d i t i o n a l use p ermi t . Notice thereof was published and mailed pursuant to law. A11 p ersons resent at said p hearing were given an opportunity to be heard and resent written statements. The p Council also so considered reports and recommendations of the C i t y Staff. Council amended conditions nine and 24. i FURE 3 . RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above 1. Prior to the spring thaw and until Ju 1, 1984, improved (gravel or similar materia 1 off p street parking pads sha be provided for each vehicle associated with an occupied unit. Unrestricted enter enc.v vehicle access must be a v a i l a b l e at times. 2. A mobile home shall not be moved onto a lot after April 23 1984 un � i l a street is paved in front of the lot, 3. There shall be no exterior storage of equipment, such as bikes hoses lawnmowers, rakes, etc. 4. Each lot shall be allowed an exterior 0 s storage shed of no more than 1 sq uare feet. g 2 q Such shed must be kept in workmanlike ike repa and p a anted. 5. No access shall be allowed to Century Avenue, 6. No construction or grading shall be allowed to disturb the tamarack grove. 7. The private sanitary sewer, water mains and street shall be constructed to be consistent with the Maplewood and St. Paul Water Utility standards to ensure a reasonable level of service. 4 Attachment two 8/13 80 A l l utility i n s t a l l a t i o n s shall be underground, 9. The private streets must be at least 28 feet in width with parking side •' intersections, p g on one only. No parking shall be permitted i n the vicinity c i n ty of The Director of Public Safety shall specify the no parking distances for each intersection. Signs shall be posted by the p ark owner when a v a i l a b l e , lo. Water lines must be flushed at least once each year or as required by the environmental health o f f i c i a l , 11. All storm water discharge must be directed to the wetland to the west. No connection to the City storm sewer shall be allowed. 12. All mobile homes must be new, skirted and tied down. Skirting shall extend from the frame of the chassis to the ground. Skirting must be painted to complement the m o b i l e home. 13. All tie -downs and foundations must meet the State Building Code. 14. (a) Construction" on the below-grade storm shelter shall begin n Ma 11 1984 and shall be g y • completed by June 22, 1984, unless the Director of Public Safety extends the deadline due.to circumstances beyond the control of the devel- oper, (b) The design of the below grade structure must be approved b the D' pp r • y Director of Emergency Services, i n c l u d i n g emergency lighting, vent i 1 at i on and sanitary tar facilities, y (c) The above grade portion of the building must receive approval from the Design Review Board before construction. (d) The storm shelter must remain free of storage and available for use. (e) No further permits for additional mobile homes shall be issued until the shelter is completed. 15. The sign regulations for the R -3 district shall apply. PP . Y 16. The following minimum setbacks shall apply. Pp . Y (1) Twenty feet to a private street. (2) Thirty feet to a public right of way, except for storage sheds. (3) Five foot side yard setback on the side opposite the entry. (4) Twenty foot side yard setback on the entry side. 17. No structures shall be allowed in a required setback except for an accessory building P Y g i n the twenty foot side yard setback and the thirty foot set- back from a public right of way. An accessory building must have a id y g side yard setback of at least five feet . 18. Sales of mobile homes shall be limited to those owned b ark residents and those sold b the y p y park owner for placement acement i n the park. 19 . The developer shall provide traffic control signs as re u i red b the Director of Public Safe ty, q y 0 8/13 20. Compliance with all pertinent State Statutes and /or regulations, 2 1 . No v a r i a t i o n shall be permitted from the site plan dated 3 -21 -83 without Community Design Rev i Board approval, 22. The number of mobile homes shall not exceed 246. 23. This-conditional use permit shall be reviewed in one year to determine compliance with conditions and whether a change in conditions is necessary to resolve problems that may have developed. 24. ( a ) After April 23, 1984, the f o l l o w i n g improvements rovements must be installed within sixty days after a m o b i l e home i.s placed on a lot: (1) A paved driveway and off street parking pad at least sixteen feet wide and twenty feet deep, ( 2 ) A thirty inch wide sidewalk from the m o b i l e home entrance to the parking pad subject to placement of entrance decks. (3) All required landscaping on the lot. If the landscaping cannot P 9 be completed within sixty days, a letter of credit or cash escrow shall be deposited with the Director of Community Development to ensure installation. (4) Skirting. (b) Improvements required in item 24 (a) shall not a pp 1 y to model homes, 25. If any of the above conditions are not met no a d d i t i o n a l m o b i l e homes shall be moved into park. Seconded by Counc i lmember Was i 1 uk . Ayes - all, A R I 011ing Hills of Maplewood u s t i N L i v i n g MOBILE-HOME PARK • 2736 Mickey Lane • Maplewood, Minnesota 55119 August 5, 1986 City of Maplewood c/o Mr. Thomas Ekstrand Associate Planner RE: Conditional Use Permit Renewal and Tree Re placement Tom: Regarding your letter to me of .duly 8, 1986 pertaining to the above, it's been our experience that we have had much difficulty in growing trees in heavy clay soil. We have had a large number of trees die on us. Therefore, we have found a solution as of Fall of 1985. That solution consists of planting bulb and burlapped green ash trees. These trees are the most heardiest trees you can plant and they are approximately 3 1/2 inches in circumference and weigh: -approximately 350 lbs. per tree. The enclosed photo's are of this type of tree we planted last Fall. As you can see they are growing good and look beautiful. Residents are very.pleased! Please call me if you have any questions. S i n c e r e Syr; ...�� -.._...�.....w.. Dick Pearson -~--- ---�-' Rolling Hills of Maplewood P.S. We will be planting trees such as these at every lot throughout the park, this year (Fall)). Enclosure AUG 0 u 198fi 7 E -7 Ao Lion by Council r:, TO : City Manager En dorse - - ��-.�- FROM: Thomas Ekstrand-- Associate Planner Modified..,..., SUBJECT: Planned U n i t Development Renewal ReJ ecte LOCATION: McMenemy Street and Sloan Place Date APPLICANT: St. Paul Business Center (Donald Bachmei er. ) PROJECT: St. Paul Business Center East DATE: August 15, 1986 SUMMARY Re uest Renewal of a PUD for three service commercial buildi Project Description 1 . B u i l d i n g area: 85,000 square feet 2. Types of use: 65% office and 35% warehouse space 3. Refer to page 6 for the s i t e p l a n Comments Council conditions and code requirements are being met with the excep— tion of the posting of handicap parking stalls in accordance with state requirements. The applicant has ordered the signs, though, and will be installing them when they arrive. Recommendation Renewal of the PUD for the St. Paul Business Center East for five years. BACKGROUND Site Description 1. Acreage: 6.8 acres 2, Existing land use: St. Paul Business Center East (under construction) Surrounding and Uses Northerly: Skillman single dwellings fronting Sloan Place and an apartment fronting Skillman Avenue Westerly: I -35E. Across I -35E is the St. Paul Business Center Southerly: NCR building, Sloan Place and Parkside Fire Station Easterly: McMenemy Street, undeveloped land and single dwellings 5- 22 -84: The communitry design review board denied the applicant's request for site plan approval. The board felt that their review should be conducted after the use had been approved by council. 6-11-84: Council conditionally approved a PUD for this development (page7). 7-10-84: The board conditionally approved building elevations. 5-14-85 The review board approved a sign plan for this development. 7 -8 -85: Council renewed this PUD for one year PLANNING CONSIDERATIONS !. Land use plan designation: LSC,'limited service commercial 2. Zoning: F, farm r e s i d e n t i a l 3. Section 36 -442 of the zoning code states the following regarding con- ditional use permits and PUDs: .(e) All conditional use permits shall be reviewed b the council within y t n one year of the date of initial approval. At that review the council may 2 specify an indefinite term or specific term, not to exceed f i v e years, for subsequent reviews. The council may impose new or additional con — ditions upon the permit at the time of the initial or subsequent reviews. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall.prevent the city from enacting or amending official controls to change the status of conditional uses. Any conditional use that meets the agreed upon condi— tions is later disallowed because of the city enacting or amending of— ficial controls shall be considered a l egal , nonconforming , use. A a . 1 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Conditions of approval dated 6 -11 -84 I($ A9 25� w J J � W N Cr. LITTLE CANADA 011 0 M 36 LARK 11 v ��. , •'� "-" � . i VIK AURIE R D. v IK oc or a t~ N BURKE AV, z l.DR10GE v~► 1 E AV. ` BELM0 LA. » ~ e ELMONt SKI n � 58 �4. �SKILLMAN en 4; C Oc t z w Or WT A � ` m 4 = VE z O O >' W Q IK Alb E 60 Li AVE. 41 �t 26 (� (, I�LJ 0 AVE. 0 _ W Ri Y AVE _ t l0 ►- ,�` X = or n KING T AVE. / a 4 n / PR E AVE. p . W f �:� 30 57 ST. PAUL 49 LOCATION MAP Attachment one N 4 t �N O � Z.41 a 1 1.3 �i► cu,. i t r PUD U o D iA AF0U 0 z 49 _j 75 MW - - f-- r C Z Q d ` 1. 4B ox, �y 5.2.0 a.c, Y p, W 4 l CAI ��� x� 40 � , , a 1 : o � 0 p- , �W , ! L ST. PAUL �, N ` r BUSINESS ,' ty PARKSIDE ' CENTER 15 6.03 `. _ _ �� ( . F I � A o N MEN 9 Ln ;' 3 ' cn 3 NC \o) _ •J l 1.39 r . �� � o4z L P d 59 J96 ' to cp J t - 0 IT ro ' l n 8N .7 � 1 - ` -' ;1 - r Steak ak � tFL► ►c.l COQ I ` � � 4, 8 c,.l ! (1 3) ST. PAUL BOARD . , w wo _ -z 0 F REALTORS o -t - it pd at Ir .- _ s PROPERTY LINE / ZONIN.G MAP 5 Attachment two now- 4 N f 100 8 98 r �9 898 3as . ' 59 I . L L_ north scale 1" - 60 PARKING, 65% office 36 %, service ..'30 required u G r.e. provided - X 313 BLD04 AFJEA3 ` bldg.# 1 37800.8F ,b1dg ##2' a• 31600 cry •,. bldg.f3 16700 lb total w 86 $F MAY 31 T. PAUL BUSINESS CENTER E olgt & tourre'inc:,' e�rn til�nr+4�! ZF SITE PLAN 6 Attachment three Q N 10. The use would cause minimal adverse environmental effects. -A p p r o.v.a......�..,].,.t ►....1~.1 1. The following types of uses shall be ermi tted : office service warehouse, la p ouse, display y, light manufacturing, assembly wholesale business, and one caretaker apartment, 2. Retai sale of. goods,. restaurants, and heavy manufacturi shall not be allowed. 3 . Outdoor storage of m a t e r i a l s or goods sha not be permitted without ap from Ma 1 ewood' s Director rector of Co p Community ty Deve 1 opment . 4. Included in all leases will be a clause that "no noise, odor, or conduct shall be permitted at any time which will d i strub or annoy ther tenants or adjacent property owners." y � nt 5. Occupancy permits must be obtained from the City Building Official for each new tenant as required b g q y the State Building d i ng Code . 6. Those businesses involved with exterior vehicle storage, such as vehicle rentals or mov�n companies, shall g • g p l l have one parking space for each such vehicle, i n addition to those required by City Code, on the site, 7 . The site p l a n dated May 31, 1984, shall become a p art of the PUD p ermit, All construction shall • be i n accordance with this plan and the conditions in t h i s agreement except for the following changes and conditions: a. The app shall obtain approval from MnDOT to discharge water from the one - site ho lding and into p the state's drainage system. b. If construction has not begun within 1 1 years of t h i s agreement board P review shall be repeated, g ' C. Site security lighting shall be provided and shall be directed or shielded so not to cause any undue glare onto adjacent properties or roadways. d. If any adjacent property is disturbed or prop irons removed due to c p y on - struction of the site, that property shall be restored and irons replaced b the app y e. Grading, drainage and utility plans sha 11 be subject to the City Engineer's approval, f. An erosion control p l a n acceptable to the City Engineer shall be submitted r i or to the issuan P nce of a building 1 d i ng permit for erosion on contro 1 during construct g. Parking areas shall be striped and all bituminous areas shall have cont i nous concrete curbing. h . Approval of plans does not constitute approval of a b u i l d i n g permit. i . All trash dumpsters sha 1 -1 be stored in masonry enclosures osures with a 100/ y opaque wooden gate according to ordinance, and shall be a color and material compatible p ble with the building* g Location and design shall be subject to staff approval, j. All setbacks shall meet code requirements. 7- k . At least seven handicap parking spaces shall be provided at locations nearest building entrances. 8. State of Minnesota approved signing for handicap parking, n , fire 1 ane . veh i c 1 e traffic � affic P g ' and pedestrian traffic shall be provided subject to the approval of the Director of Public Safety, 9 A 11 buildings shall be protected with a s p r i n k l e r system, subject to the , approval of the Director of Public Safety, 10. All roof-top equipment shall be screened according to P ordinance, excep that air conditioning equipment shall not be placed on the roof surface. 1 1 . B u i l d i n g design shall be approved by the Community Design Review Board prior to the issuance of any footing and foundation permits. Special attention shall be given to building appearance, particularly roof design, to maximize aesthetic a Ppeal for the adjacent homeowners along Skillman Avenue. 12. The City Council shall review this c o n d i t i o n a l use permit within one y ear of the date of this approval. 13. The proposed construction must be substantially started within one ear of Council approval � y • pp or this permit shall be null and void, unless es s the City Counc 1 grants a six -month time extension. 14. Outdoor screening and p l a n t i n g shall comply with Section 36 -27 of C i t y Code, 15. No truck trailers shall sit on the site for more than 48 hours, unless weather conditions prevent removal. Seconded by Counc i lmember Was i 1 uk . Ayes - all, h. Mrs. Mary I ppe 1, Bond Consultant for Briggs and Morgan, explained s oke and the P specifics of the industrial revenue note. i . Counc i lmember Ma i da introduced t following resolution and moved its a d o p t i o n : 84 - 6 - 81 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION irJITH THE PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota In - dustr i a 1 Development Act (the "Act ") as found and determined b the legislature i s to promote the welfare far y p e of the State by the active attraction and encouragement and development of economically sound indus g ry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic • c unemp 1 oyment , f.8 . Ati SUMMARY -Re F -/ Approval of a 15-foot rear y ard setback variance to place a stora g ara g e five-feet from the rear propert line. Code re 20 feet, Proposal 1 . See the map on pa 7. 2* The proposed 32- b 24-foot (768 s feet frame buildin would be placed alon the westerl ed of the parkin lot, 3. The proposed g ara g e would have lap sidin and be used for the stora of site maintenance e -(snow plow, lawn mower, etc.) r nm m ez� n i- cz The intent of the ordinance is to buffer residential propert from commercial development with a 20-foot landscaped setback. Even thou a five-foot setback is proposed, there are sufficient trees and shrubber to provide a screen. Also, the most effected dwellin is 215 feet awa The proposed structure is no different than a residential g ara g e, which is t placed as close as five feet to adjoinin side propert lines in sin nei The hardship, as stated b the applicant, is that if a 20-foot setback was provided, the .traffic flow within the parkin lot would -be disrupted. This g ara g e is also proposed to be in the best possible location relative to its concealment from other properties and from the street. S could be met if the g ara g e was placed on the north half of the site. The applicant, however has future plans to split off this piece for sale as another office site or as future expansion area for the existin buildin The applicant should be aware that i-f the propert is split, there must be 40 parkin spaces provided for the existin office to meet code re This.ma hinder a future lot division, Aotion " touncil: MEMORANDUM Endorsed.. ... Modified,.,.,.. Rej ected.,,.... TO: Cit Man Date FROM: Thomas Ekstrand, Associate Planner SUBJECT: Gara Setback Variance LOCAITON: 1709 McKni Road APPLICANT/OWNER: Mike and Dave Peterson PROJECT: Stora Gara DATE: Jul 29, 1986 SUMMARY -Re F -/ Approval of a 15-foot rear y ard setback variance to place a stora g ara g e five-feet from the rear propert line. Code re 20 feet, Proposal 1 . See the map on pa 7. 2* The proposed 32- b 24-foot (768 s feet frame buildin would be placed alon the westerl ed of the parkin lot, 3. The proposed g ara g e would have lap sidin and be used for the stora of site maintenance e -(snow plow, lawn mower, etc.) r nm m ez� n i- cz The intent of the ordinance is to buffer residential propert from commercial development with a 20-foot landscaped setback. Even thou a five-foot setback is proposed, there are sufficient trees and shrubber to provide a screen. Also, the most effected dwellin is 215 feet awa The proposed structure is no different than a residential g ara g e, which is t placed as close as five feet to adjoinin side propert lines in sin nei The hardship, as stated b the applicant, is that if a 20-foot setback was provided, the .traffic flow within the parkin lot would -be disrupted. This g ara g e is also proposed to be in the best possible location relative to its concealment from other properties and from the street. S could be met if the g ara g e was placed on the north half of the site. The applicant, however has future plans to split off this piece for sale as another office site or as future expansion area for the existin buildin The applicant should be aware that i-f the propert is split, there must be 40 parkin spaces provided for the existin office to meet code re This.ma hinder a future lot division, Staff has some concern that the size of the proposed garage is larger than what would normally be needed for site maintenance equipment. A large garage may encourage a useage that is not permitted in .a LBC, limited business commercial district, for instance, storage of building supplies or rental of garage space for nonoff ice - related use. The applicant should be aware of the use limitations of an LBC district which only allows offices, medical clinics and day -care facilities. Staff's final concern is relative to site improvements. The site should be brought up to code to provide a trash dumpster enclosure, stop signs and parking lot striping of the northerly lot. This would be addressed during the review of the building design plans. Recommendation Adoption of the resolution on page 12 approving a rear yard setback variance of 15 feet - for a 24- by 32 square -foot storage garage at 1709 No. McKnight Road, on the basis that: 1. The intent of the ordinance would be met since there is adequate screening already provided and there is a substantial setback of 215 feet from the neighbor's house to the west. 2. The proposed garage would be following the existing five -foot setback already established by the parking lot.' Not following this established setback would create a hardship since traffic flow within the parking lot would be disrupted. 3. Placing the garage on the north half of the site would interfere with plans for future expansion of this building. 4. The garage would be placed in the least noticeable spot. 2 BACKGROUND Site Description 1. Acreage: two 2. Existing use: a two -story office building Surrounding Land Uses Northerly and westerly: single dwellings Easterly: McKnight Road and the Townhouses of Maplewood Southerly: a single dwelling and 7 -11 Past Action 6 -1 -78: Council amended that land use plan from RL , low density residential to SC, service commercial. 7 -6 -78: Council rezoned this site from R -1, single dwelling residential to LBC, limited business commercial. PLANNING CONSIDERATIONS 1. Land use plan designation: SC 2. Zoning: LBC 3. Section 36 -27 requires a landscaped area of not less than 20 feet in width shall -be provided where a nonresidential use would be within 200 feet of ,a residentially -zoned property. See page 9. 4. Section 367.11 Subdivision 6 (2) of the state law requires that the following findings be made before a variance can be g ranted. a. Strict enforcement would cause undue hardship ecause p of circumstances unique to the property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardhsip" as used in connection with the grantin g of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardshi p if reasonable use for the property exists under the terms of the ordinance. Citizen C omments Staff surveyed the surrounding property owners within 350 feet for their comments. Eleven had no comment, two were in favor and three objected. Those that objected, all of which are from the Townhouses of Maplewood, made the following comments : 1. See page ' 10, 2. "I object to this proposal because the structure will be maintained as crummy as the north parking lot." 3. "I object to this proposal because eyesore, increased LARGE traffic, additional use of utility equipment, damages road conditions unnecessarily." mb Attachments: 1 Location Map Property Line /Zoning Map 3. Site Plan 4. Applicant's Letter 5. Landscaping/Screening-ordinance 6. Citizen comments 70 Resolution 4 BC R l i F MI Cr m M ; 0 0 ".`` x• F 0 w 0 OSEWOOD r F 1 R WE. F R3 Cr > R 2 �,, • O 0 y �Q R (PUD) R N R C R N W F F w a 1 n z �• RIR.EY AVE R R 3 " w • _ :AV2 J R2 F 3 • R R F I• x BC +�c a R Cr R (PUD) o w ; :' -LBC N `*'M) � F F F R3 = a R = I R F R3 R3 (PUO AVE N (R2) F F R3 z q IDAHO AVE I _ R � R R F Mt 2) (PUD) Ml M2 M AKE RD .__.� R3 _ � R3 (PUD) N w F R3 C a Ml IF r ' �. a c E . R3 U RZ R PUD) E. . MARYLAND . R AvE R • R ( PUD) R W J � �I 8C . F LBC Ln ►- 3 MAGNOL AVE . 8E E '� R E `' � c(M ' J Lam. Q � R J or � P � P R f R E AVE S �� MARV ST R AVE R F R v) TILL 2" av . BRAND AVE R3 F WF- . o o F C R �' F BC(M BUSH R LBC �• R o R F F � • v M A BC R R3 LOCATION MAP 5 Attachment One A 4 N l N f )_ • 1 � ' .fit •►c T*VAL V 71Pt•AL v 1 6TA L f 5 J•A ` o p c I f 1 6 3 1 .`164 • r -rq fN I •' � Trt�t 1 .2-8 h I i y k' /-, 1 I, i r.. 6 I - . O p p 4 •� t I , I I 1 1. M) ; 1 I� Ic)I I 0 U �- �+ i !►�R NwIT t! b M S 21% e••y •r •u•lt •v►w 0 40� 1 4% 43) Gin d �las ^ �• 2� • tt �� 3�- (3 � tl �44 4 t z � t y C 3 u Ik U 1. VI ^+ n S Is S. 21 i PO r i • PROPERTY LINE /ZONING MAP 6 Attachment Two 4 N 7-11 Convenience Center SITE PLAN Attachment Three N f - P-cj 00( I P,,4L de00 7�- 44 400 Attachment Four 0 LANDSCAPING AND SCREENING ORDINANCE SEC. 36--27 (a) A landscaped area of not less than twenty (20) feet in width shall be provided where: (1) A nonresidential use would be within two hundred (200) j feet of a residentially zoned property. (2) A multiple dwelling abuts property zoned for single or ' double dwellings. ' (b) Screening shall be provided where: � 1 The 1' • () fight from automobile headlights and other sources would be directed onto residential windows. (2) There would be exterior storage of goods or materials which could unreasonably annoy or endanger surrounding prop- erty owners. ' (3) Except for mobile homes, town houses, single and double dwellings, all mechanical equipment on the ground or roof shall be screened on all sides so as not to be visible from. public streets or adjoining property. Such screening shall be designed and constructed of a ma- terial(s) that is compatible with the principal building and subject to community design review board approval. (c) Screening shall be satisfied by the use of a screening fence, planting screen, berm or combination thereof. If the topography, natural growth of vegetation, permanent buildings, or other bar- riers meet the standards of subsections (1) and (2) below, the may be substituted for all or part of the screening ence or lan - ing screen: g p t (1) A planting screen shall consist of evergreen plantings. Trees shall be a minimum of two and one -half (2 inches in trunk diameter, two (2) feet above grade. Shrubs may be used in combination with a berm and shall be a minimum of two (2) feet in height. Spacing of trees and shrubs shall be so as to create an eighty (80) percent opaque screening at least six (6) feet in height. (2) Berms shall have mowable side slopes. Slopes greater than two and one -half (2 to one may be used if the slopes are stepped with retaining walls. Plant materials resistant to erosion may be substituted for sod when approved by the community design review board. (3) Screening fences shall be painted or stained whenever nec- essary, so as not to fade, chip or discolor. Broken or knocked down fences shall be repaired. Planting screens shall be maintained in a neat and healthy condition. Plantings that have died shall be promptly replaced. (d) Screening may be satisfied with a screening fence. A screen- ing fence shall be attractive, compatible with the principal build- ing and surrounding land uses, at least six (6) feet in height, and provide a minim eig hty ) p erce nt. um opaqueness of ei ht (80 g (e) Trash container enclosures shall be provided around all trash containers and shall be one hundred (100) percent opaque.. They shall be protected by concrete - filled steel posts or the equiva- lent, anchored in the ground at the front corners of the structure. If the enclosure is masonry, the protective posts may be omitted. In all instances, the enclosure must be of a design, material and color compatible with the building and be kept in good repair. A gate that provides one hundred (100) percent opaqueness shall be provided. Pa The community design review board may waive Pag 9 requirements if t Y any part of these re 4 they find that the trash container would be hid- den fronn adjacent properties and streets. (Ord. No. 630 § 1 11- 22 -82; Ord. No. 580, § 1, 2- 11 -85) ' Attachment Five CITY OF. MAPLEW001'D 1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 OFFICE OF COMMUNITY DEVELOPMENT 770-4560 June 30, 1986 , PROPOSED STORAGE GARAGE This survey is to get your opinion on an application the r pp city has received for property in your neighborhood. The application is for a 24 by 32 foot garage behind 1709 McKnight Road (office building). 9 (See the enclosed map.) The applicants and owners ' p e s are Dave and Mike Peterson, Your opinion is needed to assist the cit staff and planning ' y p g commission in preparing a recommendation to the city council. Once this r su vey is completed, you will be notified of any s. ublic hearings. g Please indicate your opinion and comments below and re ' turn this entire letter to me in the enclosed postage— aid envelope b You would p P y July 10, 1986. I f y ld like further , information, please call me at 770 -4560 between 8 a, m, and 5 pa m. Thank you for our comments T i ven careful 1 y They will be 9 consideration. Y16-YA TOM EKSTRAND — ASSOCIATE PLANNER jw Enclosure am in favor of this proposal because I have no comment. I object to this proposal because TIfL 10 Attachment Six 1 Lal er" t 7't ed- -k� J T ��..� ���,�... �1� �a� �-- ��� -j/� ,� ���€ c� i�- � -���. 6'�c�C'�s L.c'� �� V � �� GJ t �`a . r�� t Ct= f��= =- ��: t ���� -- : �.-' - - - T��� l L pi s �. t ��- - Vet-j,' :�j'l t.� � �'.�,•. �` �=•--� - tom' ��-- %� ����,�- � � ��� �-.[. ' 1 ��� Z�cr %�S 4 4 Jucozz> AV Z 4 X114i,(J rEAjAjkj ( ��E I 1� � � (�' � �� � G Cam.. �- � - �-" ,� � / � � � �"� r � C7 11 Pursuant to due call and notice thereof, a regular meeting of the City Counc i 1 of the City of Maplewood, Minnesota was duly called and held in the council chambers in said city on the day of 1986 at 7 p.m. The following members were present: The following members were absent: WHEREAS, Mike and Dave Peterson applied for a variance for the following- described property: The north 295 feet of the south 559 feet of the east 295.3 feet of SE 1/4 (subject to road) of Section 14, Township 29, Range 22. This property is also known as 1719 No. McKnight Road Maplewood; WHEREAS, section 36 -27 (a.l.) of the Maplewood Code of Ordinances requires a 20 -foot setback when a nonresidential use would be within 200 feet of residentially -zoned property; WHEREAS, the applicant is proposing a setback of five feet, requiring a variance of fifteen feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on July 1, 1986. 2. This variance was reviewed by the Maplewood Community Design Review Board on July 22, 1986. The Board recommended to the city council that said variance be 3. The Maplewood City Council held a public hearing on to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described variance be approved on the basis of the following findings of fact: 1. The intent of the ordinance would be met since there is adequate screening already provided and there is a substantial setback . of 215 feet from the neighbor's house to the west. 2. The proposed garage would be following the existing five - foot setback already established by the parking lot. Not following this established setback would create a hardship since traffic flow within the parking lot would be disrupted. 12 Attachment Seven 3. Placin the g ara g e on the north half of the site would interfere with plans for future expansion of this buildin 4. The g ara g e would be placed in the least noticeable spot. Adopted this da 'of 198 Seconded b A STATE OF MINNESOTA COUNTY OF RAMSEY SS. CITY OF MAPLEWOOD I, the undersi bein the dul q ualified and appointed clerk of the Cit of Maplewood Minnesota, do hereb certif that I have carefull compared the attached and fore extract of minutes of a re meetin of the Cit of Maplewood, held on the da of , 1986, with the ori on file in m office, and the same is a full, true and complete transcript therefrom insofar as the same relates to this variance. Witness m hand as such clerk and the corporate seal of the cit this da of s, 1986, Cit Clerk Cit of Maplewood 13 1 VI. VISITOR PRESENTATIONS IVII. COMMUNICATIONS ;VIII. NEW BUSINESS A. Variance--1709 McKnight Secretary Olson said the applicant is requesting approval of a 15 —foot rear yard setback variance to place a storage garage five feet from the rear property line, Code requires ZO feet. Some of the commissioners questioned what the unusual hardship was to recommend approval of the variance. They questioned what is proposed for the north part of the lot for uses in the future. Secretary Olson said no specific proposals have been made. Some of the commmissioners felt the structure could be constructed adjacent to the north parking lot, rather than requiring the variance to be constructed as proposed. They felt there were other alternatives on the site. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal, Mike Peterson, applicant, said it was their understanding they had sufficient parking to meet the code, that is the reason they requested the garage to be located as proposed. He had thought of splitting the lot in the future. The commission questioned if the adjacent property owners were notified of the proposal . The applicant said he did not contact them, however he felt the city had notified them. Commissioner Fischer moved the planning commission recommend the city council deny the variance on the basis that strict enforcement of the ordinance would not cause undue hardship because of circumstances unique to the property.. There are other sites on the property that could be utilized for the purpose without requiring a variance. Fourteen parking spaces of the nor -th lot are necessary to meet.present parking requirements under present ordinances for this building. Commissioner Sigmundik seconded Ayes -- Commissioners Axdahl, Barrett, Fischer, Fiola, Larson, Sigmundik, Whitcomb Nays -- Commissioner Cardinal B. Rezoning and preliminary Plat-- Miggler Addition (Highway 61) Secretary Olson said the applicant is requesting a rezoning from R -1 to M -1 and a preliminary plat to create nine industrial lots. 3 8 -4 -86 Action by Council: MEMORANDUM Endorsed.... Modif ie Rej ected -- - TO: Da,t e City Manager FROM: Director of Community Development SUBJECT: Code Amendment — Parking (motor vehicle repair) DATE: July 31, 1986 The Council tabled this ordinance on July 28 to consider whether additional parking for employees should be provided. The staff visited five "mi nor. repair" businesses in the Mall area. We found the following: Business Firestone Rapid Oil Midas Aamco Goodyear Service Stalls Cars Parked 6 15 4 6 6 15 6 11 9 11 Two of these businesses had more parked cars than the proposed code of two spaces per service stall. The attached ordinance, therefore, increases the parking to two spaces per service stall, plus on space per employee and one space for each business vehicle that is stored on —site. ac Attachment: staff report MEMORANDUM TO: FROM: SUBJECT: DATE: Request City Manager Thomas Ekstrand -- Associate Planner Code Amendment -- Parking (Motor Vehicle Repair) August 1, 1986 Amend the code to establish minimum parking requirement for motor vehicle repair uses. Reason for the Code Amendment The city ordinance does not provide specific parking requirements P g re q nts for vehicle repair, only a general commercial -use parking requirement i requirement for motor -fuel s p g q re ment and a stations with service stalls. These two standards require more parking th - an needed for motor vehicle ' uses, repair Explanation of the Proposed Ordinance Staff surveyed 19 metropolitan cities for their arkin requirements air us P g q cements far motor vehicle repair es. (see page 3 .) There are three ways these cities require parkin a g -- general parking requirement for all businesses, a specific number of stalls er square P q footage for motor vehicle repair uses and a specific number of stalls er service ce bay . A parking stall per service bay ratio is the most logical way t g y o determine parking need. The parking stall er square-foot p q concept is i rather arbitrary for repair garages, since t does not relate to the extent of the repair activity that would occur. Applying a base number of parkin stalls in a g addition to a stall per service bay ratio, also tends to be somewhat arbitrary and may man require too than are actually needed, q Y spaces The proposed ordinance takes into account parking for employees p "minor g p gees as well as spaces needed for customer vehicles. The vehicle repair" category reflects the current trend of rapid-service pid- service repair garages that specialize In providing heir service ice while the customer waits (examples: Jiffy Lube, Precision Tune, Midas Muffler). T " air" cat ) he general vehicle repair" category relates to those garages that perform major repairs and are likely to keep cars all day r y overnight. Recommendation Adoption of the ordinance amendment on page 5 establishing sh i n ' g g parking criteria for vehicle repair garages. REFERENCE INFORMATION Current Ordinance Section 36-22 ( 6 ) re that one parkin space be provided for each 200 s feet, or portion thereof, of floor area for commercial uses., Section 36-22 (9) re that four spaces plus three additional spaces for each service stall be provided for motor fuel s tat ion$, 7'1 -a.- ..% - - -3 . - -- - 1. Communit desi review board recommendation 2. Cit council--lst readin 3* Cit council--2nd readin mb Attachments: 1. Surve 2. Ordinance amendment 1:) SURVEY OF METROPOLITAN CI`T'IES PARKING REQUIRED FOR AUTO REPAIR USES June 17, 1986 MUNICIPALITY SPACES REQUIRED Cities That Apply One Standard for All Businesses Maplewood 1/200 sq. ft. Apple Valley 4 plus 3 /service stall (motor fuel stations) Oakdale 1 /200 sq. ft. ft. 4 plus 2 /service stall (motor fuel stations) New Brighton 1/200 sq. ft. West St. Paul 1 /100 sq. ft. Fridley 1/500 sq. ft. Cities that U se - Spaces/Square Footacte Burnsville 1/800 sq. ft. plus 1 /employee on largest shift Apple Valley 10 plus 1/800 sq. ft. if the building exceeds 1,000 sq. ft. in area Crystal 8 plus 1/800 sq. ft* if the building exceeds s 1,000 sq. ft. - in area White Bear Lake 8 plus 1/800 sq. ft, if the building exceeds 1,000 sq. ft, in area Cities that Use Spaces /Stall Coon Rapids 2 /service stall, 1 /company vehicle plus employee parking Blaine 2 /service stall plus 1 /employee St. Paul 2 /service stall Eagan 4 plus 2 /service stall Plymouth 4 plus 2 /service stall Brooklyn Center 3 /service stall, 1 /each day shift employee plus 1 /each company vehicle Attachment One MUNICIPALITY SPACES REQUIRED Cities that Use-Spaces/Stall--continued South 5t. Paul 3 /service stall plus 1 /employee New Hope 5 plus 3 /service stall Golden Valley 4 /service stall, 1 /each 3 employees plus 1 /each company vehicle No. St. Paul 4 /service stall Shoreview 5 /service stall plus 1 /employee 4 ORDINANCE N0, AN ORDINANCE AMENDING THE MINIMUM PARKING REQUIREMENTS FOR VEHICLE REPAIR USES The Maplewood City Council hereby ordains as follows: Section 1. Section 36 -22 (a) is amended to add the following items: (10) Motor vehicle repair: two spaces for each service stall', one space for each employee and one space for each business vehicle stored on the site. Section 2. This ordinance shall take effect upon its passage and p ub— Iication. Passed by the Maplewood City Council this day of , 1986 Mayor Attest: City Clerk Ayes - - Nays-- 5 Attachment Two MEMORANDUM A by Council TO: City Manager FROM Environmental Health Official SUBJECT: Recycling Center DATE: August 14, 1986 Endor sed..,,_,„ Modi�'i ed..... Re j ecte r] .,„ That e _ At the council meeting of July 28, 1986 the council reviewed a ro osal from P P the recycling committee., for a recycling center .to be located at the * Pub 1 i c Works building (see attached proposal). Because of concern over the site lo— cation, the council directed staff and the design review board to explore the use of a more remote site, A survey was made of all vacant city owned property, and the t � P y+ best re — mote sites were submitted to the Design Review Board for consideration. The of A They reviewed these sites at their meeting g t 12, and recommended that the city use the public works site as was recommended by the recycling committee. They also recommended a fence design and that access be made through the g west side of the fence of the public works yard.: If the council feels that a recycling center should be located on the ubli p c works site, then we recommend the attached proposal from the recycling c ommi ttee be adopted, y g MEMORANDUM TO: City Council and City Manager FROM: Solid Waste and Recycling Committee SUBJECT: Dropoff Recycling Center DATE: July 11, 1986 Due to the concern over the solid waste problems in the Metropolitan area, the Metro Council and Ramsey County have developed plans to try and reduce this volume of solid waste now going to l a n d f i l l s . According to the Metropolitan Council's Solid Waste Management Guide, Ramsey County is supposed to achieve a 19% source separation by 1990. Local communities are expected to work in cooperation with the county to achieve this objective. In that light, the Maplewood Solid Waste and Recycling Committee has researched the feasibility of starting a dropoff recycling center and would l i k e to make the following proposal to the city council: 1. Recycling Center Location The best location that we can find is the area outside the northeast corner of the public work's yard adjacent to the city has pumps (see diagram and photo). This area would be convenient for routine maintenance and reasonably secure from vandalism due to its location near the new city hall and police station. It would also be easy to find and publicize being near city hall . The s i t e would be open at all times, and not have an attendant as at the compost site. 2. Site Construction We recommend that the site be screened on the two sides facing city hall with 8 —foot high cedar fencing and with 6 —foot high chain—link fence and gates on the side toward the gas pumps. The fourth side would be the existing chain —link fence from the maintenance yard. The area where the containers would be placed should be blacktopped, and an elevated deck be built between the containers (see diagram). 3. Operation We recommend that the city contract the operation of the site to an existing recycling company. We received proposals from four recycling companies who would provide the containers and market the recyclable materials (glass, newspaper, aluminum, and scrap metal), Bellaire Sanitation - -they would operate the site at no charge to the city except for the $4.00 per ton rebate which the city can collect from the Metro Council, Berman Services- -$280 per month Watkins Aircraft Products - -$450 per month Goodwill Easter Seal - -Would provide a trailor and full —time attendant with the cost varying on the number of days a week the site was to be open (7 days per week -- $33,000 per year). Because of the cost factor, we recommend that Bellaire Sanitation be - contracted to, provide the containers and market the materials. Bellaire has conducted our yearly clean up and recycling drive. 4. Site Cost The cost for the site is broken down as follows: Treated pine deck - -city installed $ 250.00 Gravel and Asphalt pad -- installed 1 8 —foot cedar screening fence - -city installed 450.00 6 —foot chain l i n k gates and fence--installed 1 Signs - -to be made by city 100.00 TOTAL $3.1800v00 Maplewood will be able to get approximately $1,500 in grant money from Metropolitan Council for this project. The City of North St. Paul has expressed an interest in making this a joint project. Their existing recycling Y 9 center will be lost due to new construction. We recommend this option be pursued if they are willing to share the cost of the project. 5. Maintenance of the Site Due to its close proximity to the public works building, we felt that the maintenance of the site would best be accomplished by the city rather than by the recycling company. Even with its location next - to the police station, a certain amount of dumping of garbage and other rob p 1 ems will occur. We recommend that the council designate either the street or ark department,or building maintenance to be responsible p p bl e for the maintenance. We anticipate an average of one person for 15 minutes per day would d sufficient. Y be 6. Contingency Fund Should the site suffer severe damage, such as 1 i ke h ' t e fire that occurred at North St P a u l ' s site, we recommend the council some budget a contingency fund. 9 e money for 7. Insurance The insurance for the site would be covered under the require e city s existing policy and should not re q e additional coverage. 8. Completion Date If approved by the council, the committee has set September 1, 1986 as a goal for opening g the site. 2 9. Phase II If the project is successful in its first year of operation, we would like to have a 1,000 gallon waste oil tank installed in 1987. This was not included in the initial plans due to its high cost. The city will be :able to get additional grant money for this in 1987. 10. Recommendation The Maplewood Solid Waste and Recycling Committee recommends that the council approve this project and i n i t i a t e construction of the site, 3 Storage Yard Existing Chain Link Fence c� J • J. RECYCLING CENTER Gas Pumps <0+ �O �G �6 �e Le city Hall V L.L. S.. V kA o S I►cI�t �����Z 61 F1 Red r p-C I Yll --rto Lj Vic, w! o!^ r. w-. w. r.. 1�.g•n•• a=rex±+esn�,.r r iY � 11 * I 1 Ix �112 X r i ! O t ! i . R r ;elq Parr g i 1 l� 5 n �• .r ....... .... ... ....,.....,:. .. .. SIT 'r�� � 'c sc F F F aC S ' ill A � ;t i I • L F NN BC g sc 0 r O f" A • - . ' SITE 2 IQ R3 RZ F L e C R- 3C { OUD q i... L+ Ic . • '_.""'` fit R V R COUNTY t4dAD R ..�. ,.C,. POD F ' R •' F ' N R IUD I F R ..� _ C R F HLL R F 14 r R M a �' �n' L C 8C a R _F R ' R LB • � C SEXTAN � F R F M I R Lac AVE t F mi l.SL�'i Ft � M I R 1 TRUNK r WAY • r • Mf p• I M� °- . F _ _....� C • M I R 'A Z ...._ . Tr P LID Q • R x c � • , ' ` LEL A ND '�' L.._� l Lt�di ST A V C ~ cr R 1: (R 2) ®. R V ; a Nv �•� gC r mo R3 CR j%! .1 F it • 4 W F •! ti 141 ;0 SITE 3 pz �' • 132) (R2 0 PUBLIC Fn WORKS �o FA S AVE , F- ,� FEN �� a SITE 1 R 3' �,- .• 4 �� IR 4 = 9 ..,... R F R F w R D r N AVE LOCATION MAP MEMORANDUM TO: City Manager FROM: Public Works Director SUBJECT: 1986 Overlay Program DATE: .August 19, 1986 Aotion bk Cour all Endorsed, .- M..M. Modifie lle j e o t e d,,., fat„ The bids for this project came i n .1 ower than estimated It-is, - -- -- recommended that additional paving be added to the contract to approach the budgeted amount. Three areas are suggested as follows: Hazelwood, Frost to T.H. 36 Alley, bounded by Sylvan, Kingston, Gurney and Larpenteur . Alley, bounded by Edgerton, Kingston, Payne and P - rice - -- - - - -- - - Adding this work will still be well within the budget. MEMO RAN DUM TO: Mayor & Council FROM: City Manager, RE: Realignment of Office Space DATE: August 19, 1986 Anti on by Council Endorse Modifie ReJecte ]date - Pursuant to the s pace , be provided in the new City Hall for Counci lmember's use, attached is a diagram showing the proposed realignment of space which has been reached by staff. Also attached is a. copy of the original space assignments . DLL: Inb PROPOSED REVISION _ - , _ Police Clerical Interview R.Nel son -� -� Future Off ice Embertson W i l l i a m s Still /Vorwerk f Dre er/ kazoff Lit -4-71 — - - -- OC — WOMEN'S 10�3 _ .�. 1 POLICE FILES TRAININ POLICE MEN'S 10 KERS 2 7 • `- L l�j I a. Interview EMERGENCY SERVICES Collins Sv ndsen /Conferenc G,, is n Her een Atch o ert Za a pp CO NCIL O U ....... IT U POLICE CLERICAL Svendsen_ Collins t C� POLICE FILES I O�li f T Embertson /Williams Cud POLICE TRAININ ORIGINAL Conference R. Net son Future Sti / orwerk rfege ARazskazof Offi c t L - WOMENS LOC E �i, PNI Doherty Zuercher MENS LOCKERS J(/► r . ; F. V , o -.� 0 1 L " ) I Green At Herbert Interview Za pa �� � TO: City Manager Thomas Ek FROM: strand — Associate Planner SUBJECT: Special Signage Request LOCATION: M q Maple Ridge Shopping Center - -2515 White Bear Avenue Plaza 3000 - -3000 White Bear Avenue DATE: August 18, 1986 Aat-ton bY Counei :1 SUMMARY Endorsed,,,.., M o d i f i ed..- .,...., Rejecte R equest Rate Approval of a special ermi t t p o allow an additional portable reader • board sign at the Maple Ridge Shopping enter an in C g d also at the Plaza 3000 Shopping g enter as requested at the August 11, 1986 Cit Council meeting, y Existing Ordinance See page 2. The ordinance gives council the option ption to approve ad— ditional p signs for multiuse commercial centers, 20 —da Permits Issued in 1986 Maple Ridge - -TCBY Yogurt Fantastic Sam's (special permit b council) ) Plaza 3000 - -Tan Me Diet Center Comments Staff can see the need for allowing special—purpose al— p purpose signs for new bus— inesses in a multi — tenant shopping center to advertise earl romo a grand opening or a special yearly promotion. on. These special permits, however, should not be too liberal as to be contrary to the intent of the ordinance, which is to control sign clutter and abuse, Recommendation Approval for the two requested permits for 20 days each, provided that not more than one sign per center is allowed at any one time, a + + n &' .- Section 36 -279, Portable Signs PORTABLE SIGNS' 1 - Seca 36 -279. Portable signs. (a) A permit must be obtained from the administrator for a portable sign to be used in the city, but no fee is required to be therefor, q paid, (b) No portable sign shall be permitted fora eriod t (20 days a p o exceed twenty ) Y t the same location, and only one portable n may be located on a lot at an sign one time. Portable g Y table signs may not be permitted on the same lot more -than twice per year, except b council. The p Y special permit from the city e city council may approve additional ortable signs by special Permit for multiuse commercial mss:.... ' (c) Portable signs with content of a public information nature shall not exceed two hundred fifty 250 square Y ( ) q are feet in area. Other portable signs shall not exceed thirty -two (32) square feet in area ten (10) feet in height, without approval of or Pp a special permit by the city council. (d) The required minimum setback for portable signs is lot lie g ten (10) feet from any e. -• (e) Off -site portable signs are rohibited. Or P (Ord. No. 427, § 818.150(2), 7- 14 -77; Ord. No. 458, § 1, 1- 18 -79) 0 Portable sign: A sign constructed to be movable from one l tion to another and not permanently ca- y at tacked to the ground or to any immobile structure. Such sign may consist of a mobile struc- ture such as a semitrailer, carriage, van, sled or of Primary f her device whose p y unction during a specific time is to serve as a sign. Action by Council: Endorsed Modified Rejecte �.�..._.r. TO: City Manager Date FROM: Tom Ekstrand — Associate Planner SUBJECT: Joint Meeting Between the City Council and Review Board DATE: August 15, 1986 On August 12, 1986 the review board selected the following dates in the order of preference) for the point meeting with the city council: September 18, 1986 October 2, 1986 October 23, 1986 Each of these dates is a Thursday. A meeting starting time of 6:30 ,m. or 7:00 p p, m, would d be acceptable, e. Recommendation Select a date. f avow Aotion by Gouncii : MEMORANDUM Endorsed.. Modifiems_ _ ���e c t ed.�„.�„ TO** City Manager ... FROM: Director of Community Devel Date y p ant and Dlrcc or of Public Works SUBJECT Budget Change: Temporary Clerk-Typist Y YP DATE: August 15, 1986 Request Approval to transfer $2,624 from the contingency account to Y a 'for a to p ay temporary clerk - typist for the community development and public works departments for September and October. Justification 1. Workload Public works and community development had two secretaries and two clerk- typists until 1982. In 1982 a secretarial P osition was dropped and the remaining secretary and clerk - typists combined into a shared clerical pool, Since 'that time our workload has increased so that this arrangement is no longer workable. The following two tables document the increasing workload in planning and community development from 1982 - 19850 Building permit valuations increased by 1410 Year To tal Valuations of Permits 1982 $19,453,828 1983 $28,697,210 1984 $32,133,136 1985 $46,854,236 Planning reports increased by 49% Year Number of Reports and Applications 1982 191 1983 - 199 1984 236 1985 285 It should be noted that the community development department is one of the most demanding departments on clerical time in the city. In 1985 alone, the clerical staff typed 285 lannin P g reports, agendas and minutes for three permanent commissions and two ad -hoc committees, took 613 building permits, answered over 8,000 telephone calls, produced monthly building permit reports and t numerous letters. In addition, the same three em . ployees handled all the telphone calls, correspondence, memorandums and reports from the public works department, 2. Problems T he excessive workload is'dela all but the most important Lerical- work.- .-Hi paid, -nonclerical personnel must then do this work themselves.. Likewise, when clerical- people, are si�c,k, on : vacation ...or t rush jobs, nonclerical people must answer telephones. This results in slowdowns and inefficiencies in the two departments' work. A second, but e important problem, is stress. Excessive stress has increased sick time and reduced morale, thereb reducin work production, In summar three clerical people for public works and communit development are inade Temporar help *is needed for the rest of this construction season and an additional full. time position is needed next y ear., Recommendation Approve the bud chan of $2,624 fr -the contin account for a temporar clerk-t to be shared b communit development and public works. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager City Engineer Bus Shelters August 19, 1986 Action b.V C:o ncII: Endors e Mod ified , .... Rejecte Date Attached is information concerning layout and costs for a package bus shelter. This is provided for discussion purposes and possible action by the city council. JW Attachmnet 51 " ...__._._. , 8.3 wr. w rrr I I I I I i SCHEDULE I I HOLD SCHEDULE I i OER i I HOLDER I 50.8" I I I 5 -8 I WINDSCREEN iI; II I � l.. SINGLE DOME DOUBLE DOME W i-rA E>4t-,Aj&i4 uj I r14 9 c - &x--AA 3 5z:> IV irl-toor 12 IT oil 5 (l WINDSCREEN AII II I TRIPLE DOME W In4 f�g7AiC..* 4 $4(o5b 45 y 20 0 ,*":" . " - . � - �w, ."7.-,�,,,szr,,.,,,.,����.-,-�., ;7---, - t. .v .-.-..':�',�,'. .;� -. . -":*. ,-g ...,I,�.-,�-,,';-'.'�.'..��,.%'� , , .�,.",^M"!,M. 17"�e,--"!-&'�17-�g-��-,%�,� .A. �:6 , .. .:,.z4 . ,%,��, �,I ... "' . - . , 'fs�-, '.'�,"..,.�N 0*-.' "."�,.A'%'' iA�.§ �' , . - , , . � .7- Tka 2. 3$ . 'R .. � X.., - .. I ... . T'7A;M P-5, lmhl,�'. - __ - , �.., ,� IN , � . ��. :.S,.", � , . , � I -.1. I _1 , 1% I .. , .... ... -. 'W� . , " - .k � I , .... ... . , . _ , . %. . 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'.•��. � 'I7._,Z.tv � 71,. - - �g "A� , , "I., . :­ ,.. - .. I .. , � ,� � I :; -,o, . . - I � �, I.. � RK . . ��;�', ..­�;_:�;s�, " ,.j�_. 2- _�. . -:- . I a . - � ,-, - �,, '... I - I - 46fl. 1� ,�'. �4_11 . .� .--. I ... j. :,.. I Action by Council MEMORANDUM Endorsed Modif i ed Re j e c t e d�....,,,..,�..,„ TO: City Manager Date FROM: Director of Community Development SUBJECT: Joint Council — Planning Commission Meeting DATE: August 19, 1986 The city council requested a meeting with the planning commission to discuss development policies in the "'leg." The commission. recommends meeting on October 2,.9 or 16th,. Recommendation Decide on a date. JW