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1989 07-20 & 07-24 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 4 :30 .30 PoM., Thursday, July 20, 1989 and 70o00 P.M., Monday, July 24, 1989 Council Chambers, Municipal Building Meeting No. 89-16 A. CALL TO ORDER Bo ROLL CALL co APPROVAL OF MINUTES 1. Minutes of Extended Meeting No. 89-5 (March 9, 1989) 2. Minutes of Meeting No. 89-6 (March 9, 1989) 3. Minutes of Meeting No. 89-8 (March 139 1989) 4. Minutes of Meeting No. 89-9 (March 27, 1989) 5. Minutes of Special Meeting No. 89-15 (July 3. 1989) Do APPROVAL OF AGENDA E. CONSENT AGENDA 1* Approval of Claims 2. Time Extension,, Cave's Currie Street Addition 3. P.U.D. Renewal: Cottages of Maplewood 4. Gervais Avenue, Project 88-14 - Change Orders One and Two 5. Cope Avenue, Project 85-26 - Change Order Two 6. Final Payment - Pressure Reducing Valve - Project 89-09 7. Employee Assistance Program Contract Approval F. AWARD OF BIDS 1. Overlay Project Go UNFINISHED BUSIITESS 1. Code Amendment: Conditional Use Permits (2nd Reading - 4 Votes) 2. Variances and Variations He NEW BUSINESS 1. Authorization to Advertise for Bids: City Hall Expansion 2. Preliminary pproval of Tax Ex-empt Revenue Bonds: Volunteers of America ica, 3. Audio King Addlitiono. 1872 Beam Avenue a. Community Design Review Board Appeals b. Authorization for a Reduced Number of Parking Spaces 4. Metropolitan Council Planning Loan 5. Consideration Amendment to Council Rules of Procedures 6. 1990 Proposal Budget 7. Resolution Levying Taxes Payable in 1990 8. Budget Transfer - Public Works 9. County Overlay Projects 10. Schedule Joint Meeting 14. COUNCIL PRESENTATIONS 10 2* 3* 4* 5* 6* 70 0 90 100 J. ADMINISTRATIVE PRESENTATIONS 1. Liquor Ordinance 20 3 4* 50 KO ADJOURNMENT OF JULY 209 1989 MEETING Lo RECONVENE: CALL JULY 249 1989 MEETING TO ORDER me ROLL CALL NA APPOINTMENT 1. Police Civil Service Commission No PUBLIC HEARINGS le 7:00 P.M., Assessment Hearing: Brooks Avenue Project 88-8 2* 7#010 P.M., Assessment Hearing: County Road C Project 88-10 09 VISITOR PRESENTATIONS PO ADJOURNMENT OF JULY 24s 1989 MEETING MINUTES OF MAPLEWOOD CITY COUNCIL 5:00 P.M., Thursday, March 9, 1989 Council Chambers, Municipal Building Extended Meeting of February 27, 1989 Meeting No. 89 -5 A. CALL TO ORDER Mayor Greavu reconvened the continued meeting of February 27, 1989, at 6:25 P.M. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Absent Frances L. Juker, Councilmember Present George F.Rossbach, Councilmember Present I. NEW BUSINESS 2. Contract Approval and Budget Transfer: Planning Consultant. a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to approve the update and edit the Comnrehensive Plan and that continRencv account to cover the cost. Seconded by Mayor Greavu. Ayes - all. 3. Planning Commission Annual Report. a. Manager McGuire presented the Staff report. b. Council requested that a survey be taken of other communities to find out how many members are on their planning commission and what their duties are. c. Mayor Greavu vacant to a Seconded by Councilmember Anderson. Ayes - all. 4. Ariel Street, Cope - Castle, Project 88 -15 - Schedule Public Hearing. a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89 -3 -29 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Ariel Street from Cope Avenue to Castle Avenue, City Project 88 -15 by construction of bituminous street with concrete curb and gutter, associated utilities, and appurtenances, and 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, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Ariel Street from Cope Avenue to Castle Avenue, City Project 88 -15, by construction of bituminous street with concrete curb and gutter, associated utilities, and appurtenances 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 MSA Chapter 429, at an estimated total cost of the improvement of $130,200.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 27th day of March, 1989, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Anderson. Ayes - all. 5. Stillwater Water Tower Project 86 -03 - Final Payment a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the proposal and stated this project was completed long after the specified completion date. Due to equipment problems and delays, the City's Engineer spent extra time inspecting the work. This time amounts to $8,000. It is felt that this cost should be absorbed by the contractor since his delays caused the extra engineering cost. c. Councilmember Juker moved final payment of $13,395.44 ($21,395.44 less be made to HydrostoraQe. Inc.. for Project 86 -03. Seconded by Mayor Greavu. Ayes - all. 6. Hillcrest Sanitary Sewer Project 86 -22 - Change Order 5: Corporation Agreement. a. Manager McGuire presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its 2 2 -27 -89 adoption: 89 -3 -30 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86 -22 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract for amount of $769,299.17 be modified and designated as Improvement Project 86 -22 Change Order 5 by $66, 463.97. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Officials are hereby authorized and directed to modify the existing contract by executing said Change Order 5. FURTHERMORE, reduction of retainage for Project 86 -22 to one percent is authorized. Seconded by Councilmember Anderson. Ayes — all. c. Councilmember Juker introduced the following resolution and moved its adoption: 89 -3 -31 WHEREAS, the City Engineer has presented Cooperative Agreement Number 88014 concerning the restoration and ownership turn-back of McKnight Road between Maryland Avenue and Ivy Avenue, and WHEREAS, the City Engineer has recommended the cooperative agreement for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized to execute said cooperative agreement. Seconded by Councilmember Anderson. Ayes — all. 7. Remote Water Meter Contract a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to authorize the City to enter into an agreement with the St Paul Utility to install remote - reading water meters with the installation and costs to be made by the St. Paul Utility. Seconded by Councilmember Juker. Ayes — all. 8. Sale of City Hall a. Manager McGuire stated he had nothing to report. 2 -27 -89 9. Application for Cancellation of Ambulance Bill a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to deny the request for cancellation of the September 12, 1988, Paramedic ambulance service in the amount of $58.00 "and further to cancel the second paramedic service charge dated October 1, 1988, in the amount of $58.00 for Mi Mng Choi, 2889 Maple Lane. Seconded by Councilmember Juker. Ayes — all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Water Department a. Councilmember Anderson stated Councilmember Bastian had just wished to update the Council about the meeting with the City of St. Paul Councilmembers Lang and Goswitz. 2. Recycling a. Councilmember Anderson is urging everyone to cooperate with recycling collection. 3. Community Center a. Councilmember Anderson wished to add this item to the March 13, 1989 Agenda and encourage Staff to gather as much information as possible. 4. Mining Permit a. Councilmember Rossbach stated Sam Cave and Sons, hie., are removing dirt near County Road C. b. Staff stated he does not have a permit and they will investigate. 5. R -1 Zoning No action. 6. R -3 Zoning a. Councilmember Juker directed Staff to study all R -3 zonings and report back. b. Councilmember Juker moved to direct Staff to review all R -3 Zonings and the land Use Plan that is designated for high density. Seconded by Councilmember Anderson. Ayes — all. 4 2 -27 -89 ADMINISTRATIVE PRESENTATIONS 1. Schedule to view video of Council Meeting a. Manager McGuire questioned as to when the Council wished to view the video. b. Council stated they wished to meet at a later date. April 6. 1989 was suggested. 2. Schedule Staff /Council Conference Meeting. a. To be discussed at a later date. M. ADJOURNMENT 7:05 P.M. City Clerk 5 2 -27 -89 MINUTES OF MAPLEWOOD CITY COUNCIL 1:00 P.M., Thursday, March 9, 1989 Council Chambers, Municipal Building Meeting No. 89 -6 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 1:00 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 George F. Rossbach, Councilmember Present C. COUNCIL /STAFF MEETINGS 1. 1:00 P.M. Public Works a. Council discussed the present and future activities of the Public Works Department with Director of Public Works Haider. 2. Discuss Additional And /Or Streamlining Future Meetings a. Manager McGuire presented a proposed agenda that would divide the Council Meetings into two separate meetings. Public hearings to be held on the 2nd and 4th Monday and the balance of the agendas on the 1st and 3rd Thursdays of each month. b. Council authorized the Manager to prepare the agendas as proposed on a trial basis. D. MEETING WITH T.K.D.A. 1. City Hall Expansion Plans a. Lisa Ross, T.K.D.A. Architects presented alternative plans for expansion of City Hall. b. Councilmember Rossbach moved to authorize T.K.D.A. to proceed with design development alternative two (2) and include items discussed this evenine and to prepare as Phase II improvements to the Council Chambers. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Rossbach Nay - Councilmember Juker. ADJOURNMENT 5:43 P.M. City Clerk MINUTES OF MAPLEWOOD CITY COUNCIL 7 :00 P.M., Monday, March 13, 1989 Council Chambers, Municipal Building Meeting No. 89 -8 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 Absent Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MI14UTES 1. Minutes of Meeting No. 89 -4 (February 23, 1989) Mayor Greavu _moved to approve the Minutes of Meeting No. 89 -4 (February 23, 1989) as submitted. Seconded by Councilmember Anderson. Ayes - all. 2. Minutes of Meeting No. 89 -5 (February 27, 1989) Councilmember Anderson moved to approve the Minutes of Meeting No. 89 -5 (February 27, 1989) as submitted. Seconded by Councilmember Rossbach. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Menards 2. Open Space - Letter 3. Council Chambers 4. B.B.Y. Partnership 5. R -1 Zonings 6. L.R.T. Seconded by Councilmember Juker. Ayes - all. 1 3 -13 -89 E. CONSENT AGENDA Councilmember Rossbach 1. Approval of Claims Approved the claims as follows: ACCOUNTS PAYABLE: $ 154,599.66 $ 81,562.48 $ 236,162.14 PAYROLL; $ 167,837.85 $ 32,012.17 $ 199,850.02 $ 436,012.16 s -all Checks #6101 - #6151 Dated 02 -16 -89 thru 02 -28 -89 Checks #6763 - #6863 Dated 03 -13 -89 Total per attached voucher /check register Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL 2. Community Design Review Board Annual Report Accepted the 1988 Community Design Review Board Annual Report. 3. M.H.F.A. Revolving Loan Program Resolution No. 89 - 3 - 32 WHEREAS, the City of Maplewood desires to assist low income homeowners in making repairs to their homes for the purpose of correcting defects affecting directly the safety, habitability, energy conservation, or accessibility of the property; and, WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will accept applications from housing and redevelopment authorities desiring to administer these Revolving Loan Program funds; and WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 1976, Section 473.123, and has all of the powers and duties of 2 3 -13 -89 a housing and redevelopment authority pursuant to Minnesota Statutes 1976, 473.193, under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes 1976, Section 462.411 and 462.711; NOW, THEREFORE, BE IT RESOLVED that the Metropolitan Council is hereby requested to include the City of Maplewood in an application for State Revolving Loan Program funds, and that the City Manager is hereby authorized to enter into any necessary agreement with the Metropolitan Council for operating the Program within the City. 4. McKnight Road, Phase 3, Project 87 -05 - M.S.A. Off System Appropriation. Resolution No. 89 - 3 - 33 WHEREAS, it has been deemed necessary for the City of Maplewood to fund required utility reconstruction on State Trunk Highway 5 approximately 1,150 feet south and 600 feet east of the intersection of Lakewood Drive and Stillwater Road and storm sewer reconstruction on State Trunk Highway 5 within the limits of S.P. 6230 -24 both within the limits of said municipality, and WHEREAS, said construction project has been identified by the Commissioner of Transportation as MSA Project Number 138 - 010 -03. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that we hereby authorize appropriation of $99,300 for utility construction and $53,750 for storm sewer construction from our municipal state aid funds to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. F. PUBLIC HEARINGS 1. 7:00 P.M., Ariel Street - County Road B to Cope Avenue, Project 88 - 11 - Assessment Hearing a. Mayor Greavu stated this hearing is cancelled and will be rescheduled. b. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -3 -34 WHEREAS, the City Clerk and City Engineer have determined final costs for the improvement of Ariel Street - County Road B to Cope Avenue, City Project 88 -11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD. MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. 3 3 -13 -89 J FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Anderson _introduced the following resolution and moved its adoption: 89 -3 -35 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Ariel Street - County Road B to Cope Avenue, City Project 88 -11, and the said assessment is on file in the Office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. A hearing shall be held on the 10th day of April, 1989, at the City Hall at 7:20 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on vile with the Clerk and that written or oral objections will be considered. Seconded by Mayor Greavu. Ayes - all. H. UNFINISHED BUSINESS 1. Beam Avenue, West of T.H. 671 to County Road D, Project 88 -12 - Public Hearing (Tabled from 2 -27 -89 Meeting. a. Mayor Greavu stated this item was discussed at the February 27, 1989 Meeting. b. Manager McGuire presented the Staff report. c. Director of Public Works Haider presented the specifics of the proposal. d. Councilmember Rossbach _introduced the following resolution and moved its adoption: 4 3 -13 -89 89 -3 -36 WHEREAS, after due notice of public hearing on the construction of 44 -foot wide bituminous street with concrete curb and gutter, utilities, storm sewer, and appurtenances on Beam Avenue from 450 feet west of T.H. 61 to County Road D, City Project 88 -12, a hearing on said improvement in accordance with the notice duly given was duly held on February 27, 1989, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct a 44 -foot wide bituminous street with concrete curb and gutter, utilities, storm sewer, and appurtenances on Beam Avenue from 450 feet west of T.H. 61 to County Road D, City Project 88 -12 as described in the notice of hearing thereof, and orders the same to be made. 2. The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. Seconded by Mayor Greavu. Ayes — all. e. Councilmember Rossbach moved that the proposal of $1125 per unit cost lots on existing street and the full amount for the rest of the area Seconded by Mayor Greavu. F. PUBLIC HEARINGS (Continued) Ayes — all. 2. 7:10 P.M, Geranium/Femdale Storm Sewer Project 87 -20 —Assessment Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for the Geranium/Femdale Storm Sewer Project 87 -20. b. Manager McGuire presented the Staff report. c. City Attorney Pat Kelly explained the legal procedures of an assessment hearing. d. Director of Public Works Haider explained the specifics of the proposed assessment roll. e. Mayor Greavu called for proponents. None were heard. f Mayor Greavu called for opponents. The following were heard: Herb Wagenknecht, 32650 No. Center Ct., Center City, Mn. John Mortenson, 2638 Geranium Avenue 3 -13 -89 Dale Krueger, 2643 Stillwater Road Bill Demaully, 2645 E. Geranium George Nistler, 2642 E. Geranium Guy Peterson Karen Cummings, 2674 Geranium Mary Jane Schuler, 2648 Geranium Cheryl Ader, 2675 Stillwater Road who also represented her neighbor Glen Tyson, 2711 Stillwater Road David Van Wyk, 2685 Stillwater Road Sam Waggerman, 2695 Stillwater Road g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to continue the hearing until the meeting of March 27, 1989, for further information _(Attorney to review precedents if the assessments were lowered). Seconded by Councilmember Juker. Ayes — all. Mayor Greavu called a 5- minute recess. Mayor Greavu reconvened the meeting at 8:45 P.M. 3. 7:20 P.M., McKnight Road, Phase 3, Beaver Lake to Conway, Project 87 -05 —Public Hearing (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to reconstruct McKnight Road, Phase 3, from Beaver Lake to Conway — Project 87 -05, in conjunction with Ramsey County. b. Manager McGuire presented the Staff report. c. Assistant City Engineer Bruce Irish presented the specifics of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Eileen Fritsch, 812 No. McKnight Delores Mallett, 995 Lakewood Don Mosner, 800 No. McKnight Resident, 2341 Stillwater Road Mr. Jackson, representing his parents who live at 2318 Case Avenue Harry Zacko, 4356 Cottage Park Road, White Bear Lake, Mn. Bob Ludington, 2350 Case Avenue f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 3 -13 -89 89 -3 -37 WHEREAS, after due notice of public hearing on the construction of roadway and utilities on McKnight Road, Beaver Lake to Conway, City Project 87 -05, a hearing on said improvement in accordance with the notice duly given was duly held on March 13, 1989, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct roadway and utilities on McKnight Road, Beaver Lake to Conway, City Project 87 -05, as described in the notice of hearing thereof, and orders the same to be made. 2. The execution of the cooperative agreement with Ramsey County is hereby approved and authorized. Seconded by Councilmember Rossbach. Ayes - all. 4. 7:30 P.M., Kennel Permit, Timothy Falk, 388 E. Viking Drive a. Mayor Greavu convened the meeting for a public hearing regarding the request of Timothy Falk, 388 E. Viking Drive, for a small kennel license to house three (3) dogs. b. Manager McGuire presented the Staff report. c. Timothy Falk, the applicant, spoke on behalf of the request. d. Mayor Greavu called for proponents. The following were heard: Mark Sackett, 380 E. Viking Drive Nancy Sackett, 380 E. Viking Drive Tim Falk, 388 E. Viking Drive e. Mayor Greavu called for opponents. The following were heard: Lynn Ettl, 376 Lark Avenue Dianne Perry, 379 Lark, spoke and also read a letter into the record. John Bender, 2224 McMenemy Mike Perry, 379 Lark Gerry Jost, 367 Lark Mike Perry, 379 Lark f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to approve a small kennel dogs for Timothy Falk, 388 E. Viking Drive. subiect to the for three 7 3 -13 -89 1. A kennel including dog house be constructed with a six foot fence enclosing the kennel with screening on top. 2. Kennel is to be located on same property as house. 3. The dogs are permitted to roam the area of the fenced property next to house when owners are present. Seconded by Councilmember Rossbach. Ayes - all. 5. 7:40 P.M., Kennel Permit, Betty Oien, 1160 Lealand Road a. Mayor Greavu convened the meeting for a public hearing regarding the request of Betty Oien for a small kennel license to house three (3) dogs and three (3) cats at 1160 Lealand Road. b. Manager McGuire presented the Staff report. c. Betty Oien, 1160 Lealand Road, the applicant, spoke on behalf of her request. She also presented a petition signed by the area residents favoring the kennel license. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions: Jane Fosse, 1161 Lealand Road Kelly Doland, 2005 Corral, Eagan, Mn. e. Mayor Greavu closed the public hearing. f. Mayor Greavu moved to approve the small kennel as requested by Betty Oien to house 3 dogs and 3 cats at 1160 Lealand Road subject to compliance with the Maplewood Code. Seconded by Councilmember Rossbach. Ayes - all. I. NEW BUSINESS 1. Brooks Avenue, Hazelwood to Germain Water Main 88 -08 - Schedule Public Hearing a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 8 3 -13 -89 89 -3 -38 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Brooks Avenue from Hazelwood Street to Germain Street, City Project 88 -08, by construction of water main, and 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. MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Brooks Avenue from Hazelwood Street to Germain Street, City Project 88 -08, by construction of 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 MSA Chapter 429, at an estimated total cost of the improvement of $64,900. 3. A public hearing will be held in the Council Chambers of the City hall at 1830 East County Road B on Monday, the 10th day of April, 1989, at 7:10 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Rossbach. Ayes - all. 2. Walter Street, Project 84 -14 - Approval of Plans a. Manager McGuire presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its adoption: 89 -3 -39 WHEREAS, pursuant to resolution passed by the City Council, plans and specifications for Walter Street, Project 84 -14, have been prepared 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 MAPLEWOOD, MINNESOTA: 9 3 -13 -89 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 specifications. The advertisement shall be published twice, at least ten days before the 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 9:00 A.M., on the 31st day of March, 1989, 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 five percent 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. Seconded by Councilmember Rossbach. Ayes - all. 3. Traffic Study: Mall Area a. Manager McGuire presented the Staff report. b. Director of Public Works Haider explained the problems regarding traffic in the area. c. Mayor Greavu moved to authorize Staff to enter into a contract with Stogar- Roscoe- Faush. Inc., to perform a traffic study in and around the mall area. Seconded by Councilmember Juker. Ayes - all. 4. Procedures for Community Center Referendum and Park Improvements a. Manager McGuire presented the Staff report. b. Director of Parks and Recreation Odegard presented the specifics of the proposal. c. Commissioner Don Christensen presented the Parks and Recreation Commission report. d. Councilmember Rossbach moved to direct Staff to further research the proposal; obtain surveys done by other communities, costs, etc. Seconded by Councilmember Anderson. Ayes - all. e. Commissioner Jeanne Ewald, Park and Recreation Commission, reported on the research done by other communities. 10 3 -13 -89 VISITOR PRESENTATION 1. Lincoln Fletcher. 1166 Beam Avenue a. Mr. Fletcher requested Council reconsider the decision for a 44 foot street on Beam Avenue. He believes 36 foot street width would be more acceptable and also could be funded by State Aid. b. Councilmember Anderson moved to reconsider the vote construction at the next meeting. Seconded by Councilmember Rossbach. K. COUNCIL PRESENTATIONS 1. Menards the Beam Avi Ayes - Councilmembers Anderson, Juker and Rossbach Nay - Mayor Greavu. a. Councilmember Anderson stated Menard's is filling up their racks with lumber. He thought they were told not to do this until the problems are solved. b. Staff stated that condition is true. They will investigate and also stated Menards is scheduled for the March 27, 1989 Meeting. 2. Open Space letter a. Councilmember Anderson requested that the letter being sent to Senator Hughes regarding Open Space Acquisition be sent to all the City's legislative representatives. 3. Council Chambers a. Councilmember Anderson requested Council have input into the remodeling of the Council Chambers. 4. B.B.Y. Partnership a. Councilmember Anderson moved to reconsider the vote on B.B.Y. Partnership at the next regular scheduled meeting, March 27, 1989. Seconded by Mayor Greavu. 5. R -1 Rezoning Ayes - all. a. Councilmember Rossbach stated on Page 8, the wordage regarding the R -1 and Estate zonings should be revised the be clarified. 11 3 -13 -89 b. Staff will investigate. 6. L.R.T. No discussion. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 11:18 P.M. City Clerk 12 3 -13 -89 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 27, 1989 Council Chambers, Municipal Building Meeting No. 89 -9 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 7:03 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 George F. Rossbach, Councilmember Present C. APPROVAL OF MINMUTES 1. Meeting No. 88 -28 (November 28, 1988) a. Councilmember Anderson moved that the Minutes of Meeting No. 88 -28 (November 28, 1988) be approved as amended: Item I -3, Page 12, "Seconded by Councilmember Anderson" Seconded by Mayor Greavu. Ayes - All. 2. Meeting No. 88 -29 (December 12, 1988) Councilmember Rossbach moved that the Minutes of Meeting No. 88 -29 Seconded by Councilmember Bastian. Ayes - all 3. Reconvened Meeting No. 88 -29 (December 15, 1988) Councilmember Juker moved that the Minutes of reconvened Meeting No. 88 -29 (December 15, 1988) be approved as submitted. Seconded by Councilmember Rossbach. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Recycling 2. Public Works 3. Policy on S.A.C. Charge 12 1 3 -27 -89 4. Upper Afton Seconded by Councilmember Juker. E. CONSENT AGENDA Councilmember Anderson moved, se approve the Consent Aeenda. Itea 1. Approval of Claims Approved the claims as follows: ACCOUNTS PAYABLE; $ 481,952.21 $ 81,471.7 P Ayes - all. Checks 416152 - 416214 Dated 03 -01 -89 thru 03 -15 -89 Checks 416876 - 416996 Dated 03 -27 -89 - all, to $ 563,423.95 Total per attached voucher /check register PAYROLL; $ 166,965.32 Payroll Checks $ 31.979.75 Payroll Deductions $ 198,945.07 Total Payroll $ 762,369.02 GRAND TOTAL 2. 1988 Budget For Dental Self - Insurance Fund Approved a 1988 Budget consisting of $31,000 for estimated revenues and $33,800 for estimated expenditures with the difference being financed by the surplus fund balance. 3. Time Extension: Highwood 3rd Addition Approved a one -year time extension for the balance of the Highwood Addition Preliminary Plat. 4. 400 Meter Speedskating Track in Roseville Resolution 89 - 3 - 40 WHEREAS, the Metropolitan Council has determined that there is a need for a 400 meter, artificially- refrigerates Speedskating and Bandy Rink in the Metropolitan area, and 2 3 -27 -89 WHEREAS, the Minnesota Amateur Sports Commission has endorsed and recommended this to be included in the Minnesota State Bonding Fund, and WHEREAS, the Roseville Ad hoc Citizens' Speedskating Committee has selected a site in the City of Roseville, and WHEREAS, this site is strategically located in the Metropolitan area with excellent access from I -35W, I -35E and 36, and WHEREAS, the largest concentration of speedskaters is in the City of St. Paul and northern suburbs with this area producing a majority of the speedskaters currently on the national team, and WHEREAS, there are few metropolitan facilities in the northern suburbs as compared to other areas. NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood supports the City of Roseville's proposal to locate the Minnesota Oval, a national multi -use, recreational facility, in their community, and BE IT FURTHER RESOLVED, that a copy of this resolution be provided to the City of Roseville. 5. Dispatching Agreements Approved the 1989 contracts for dispatching services with the City of North St. Paul and for dispatching services with the Oakdale Fire Department.. 6. Fire Department Contracts Approve the 1989 contracts for the three Maplewood Fire Departments, for dispatching services with the City of North St. paul, and for dispatching services with the Oakdale Fire Department. 7. Resolution: Willard Munger Trail Resolution 89 - 3 - 41 WHEREAS: A. The State of Minnesota had acquired as a lineal recreational trail the abandoned Soo Line Railroad line from Maryland Avenue in St. Paul to Pine Point in Washington County at the urging and to serve the needs of residents in the eastern metropolitan area; and B. After conducting public hearings on a proposed plan for the development of the trail, it was determined to develop the trail as a multi -use recreational trail for bicycling, hiking, cross county skiing, horseback riding and other non - motorized uses; and C. There is a compelling need for more pave off -road bicycle trails to 3 3 -27 -89 provide safe and enjoyable recreational opportunities for the citizens in the east metropolitan area, in particular children and the elderly. D. As recognized in the development plans for the trail, there is also a need in Washington County for a dual - treadway trail to serve the recreational needs of all citizens including horseback riders. NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood strongly supports the completion of that Section of the Willard Munger Trail, known as the Soo Line Trail, from Maryland Avenue in St. Paul to Pine Point in Washington County, and urges the Minnesota Legislature to provide, at its 1989 legislative session, the $2,500,000 needed for the development of the trail as a lineal recreational corridor for bicycling, hiking, cross country skiing, horseback riding, and other non - motorized uses in substantial conformity with the plans therefore previously adopted by the Department of Natural Resources under the Outdoor Recreation Act. 8. Appointment: St. Paul Water Board Advisory Committee Appointed Brian McHugh, 1760 E. County Road B, to the St. Paul Water Board Advisory Committee. 9. Memorial - Harry Tevlin, Deceased Employee Approved the acceptance of a gift of a clock to be placed in the City hall entry way in memory of deceased employee Harry Tevlin. F PUBLIC HEARINGS 1. 7:00 P.M., Ariel Street, Cope Avenue to Castle Avenue, Project 88 -15 - Public Hearing (4 Votes). a. Mayor Greavu convened the meeting for a public hearing regarding the construction of Ariel Street, Cope Avenue to Castle Avenue, Project 88 -15. b. City Manager Michael McGuire presented the Staff report. c. City Engineer Ken Haider explained the specifics of the proposal. d. Community Development Director Geoff Olson further explained the specifics. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved a resolution ordering the preparation of plans for the construction of Ariel Street, Cope Avenue to Castle Avenue Project 88 -15. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach. 4 3 -27 -89 Nays — Councilmembers Bastian & Juker Motion failed. 2. 7:10 P.M., Heuse Relocation: County Road C and Ariel Street (Mogren) a. Mayor Greavu convened the meeting for a public hearing requesting approval to relocate a single family home from White Bear Avenue to the lot on the southeast corner of County Road C and Ariel Street. b. Manager McGuire presented the Staff report. c. Community Development Director Olson presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the project. The following were heard: Delores Ethier, 2005 White Bear Avenue e. Mayor Greavu closed the public hearing. f. Mayor Greavu moved to approve the relocation Avenue to the southwest corner of County Road C 1. The proposed building is compatible with those in the neighborhood to which it would be moved. 2. All City code requirements can be met. 3. Water runoff from the site will not cause an adverse effect on surrounding properties. 4. Public streets can be protected from damage. 5. The proposed move would not degrade the public health, safety or welfare. Approval is subject to application for a building permit. Seconded by Councilmember Anderson. Ayes — all. 3. 7:20 P.M., Conditional Use Permit Renewal and Revision: Menards a. Mayor Greavu convened the meeting for a public hearing regarding the renewal of the conditional use permit for an outside storage yard for 2280 Maplewood Drive ( Menards). b. Manager McGuire presented the Staff report. c. Community Development Director Geoff Olson presented the specifics of the proposal. 5 3 -27 -89 d. Commissioner Anitzberger from the Community Design Review Board presented the Board's recommendation. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard William Rosen, 1016 Meritory Tower, St. Paul Laura Hartman, 1081 E. County Road B Scott Hartman, 1081 E. County Road B Debra Forbes, 1071 E. County Road B Kathy Westberg, 2558 Hazelwood Gordon Anderson, 2255 Duluth Velma Miner, 1115 E. County Road B Mark Larson, 894 Connor Court, speaking for the Missles, 1133 E. County Road B Kathy Dupre, 1071 E. County Road B Craig Anderson spoke for his mother who lives at 1101 E. County Road B f. Mayor Greavu closed the public hearing. g. City Attorney Kelly clarified the conditions before the Council. h. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -3 -42 WHEREAS, Maplewood initiated a revision and renewal of the conditional use permit to construct and operate a storage yard within 350 feet of a residential zone and the following- described property: Parcel 1. That certain triangular tract of land situated in the Southwest Quarter of Section 9, Township 29, Range 22, described as follows, to -wit: Commencing at a point on the East line of the Southwest Quarter of said Section 9 at its intersection with the Easterly line of United States Highway No. 61, as widened; thence South on the East line of said Southwest Quarter to a point 100 feet North of the North line of County Road B; thence West and parallel with the North line of said County Road B to the Easterly line of United States Highway No. 61, as widened; thence Northeasterly along the Easterly line of said United States Highway No. 61, as widened, to the point of beginning. Parcel 2. The South 107 feet of that part of the North 5 acres of the South 50 rods of the North 105 rods of the West 32 rods of the Southeast Quarter of Section 9, Township 29, Range 22, which lies Southeasterly of the following- described line: 6 3 -27 -89 Commencing at a point on the South line of said 5 -acre tract which line is the South line of the Northwest Quarter of the Southeast Quarter, distant 60 feet East of the Southwest corner thereof; thence running Northeasterly to the Northeast corner of said tract and there terminating. Parcel 3. All that part of the West 32 rods of the Southwest Quarter of the Southeast Quarter of Section 9, Township 29, Range 22 lying North of County Road B, except Heinemann's Belleview Addition to Gladstone, and except highway. Parcel 4. Block 16, lying South of the State Trunk Highway No. 36, except the East 240 feet thereof; and Block 15, except the East 240 feet thereof, and except part thereof taken for highway; and Block 10, except the East 30 feet thereof, and except that part of the West 225 feet of the East 255 feet thereof lying South of the North 30 feet thereof, all in Clifton Addition, Ramsey County, Minnesota. NOTE; Parcel designations are for convenience of reference only and do not constitute an integral part of the legal description. This property is also known as 2280 Maplewood Drive, Maplewood; WHEREAS, the Maplewood City Council approved a conditional use permit on March 28, 1988; and WHEREAS, Section 36 -442 (e) of City Code states that "all conditional use permits shall be reviewed by the Council within one year of the initial date of approval, unless such review is waived by Council decision or ordinance. At the one -year review, the Council may specify an indefinite term or specific term, not to exceed five (5) years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of initial or subsequent reviews WHEREAS, the Maplewood City Council held a public hearing on March 27, 1989. 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be revised and renewed on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 7 3 -27 -89 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 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 properties. 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. Approval is subject to the following conditions: 1. Adherence to the site plan, dated march 15, 1988, unless a change is approved by the City's Community Design Review Board. 2. Materials in the storage yard shall be no more than 20% visible from the residential lots to the south. This may limit stacking heights or require a higher fence height. 3. Hours of operation in the storage yard shall be limited to 7:00 A.M. to 10:00 P.M. 4. An additional four feet of solid screening material shall be added to the existing screening fence behind 1115 and 1101 East County Road B. No materials stored on the perimeter racks shall extend above the fourteen - foot -high fencing. 5. A row of eight- foot -tall evergreen trees shall be planted six feet on center on the rear property at 1101 East County Road B before June 1, 1989. The property owner at 1101 East County Road B shall be responsible 8 3 -27 -89 for the maintenance of the trees. Menards shall provide a cash escrow or letter of credit for the installation of the trees before the store may open. 6. An exterior public address system shall not be allowed. 7. All lighting in the storage yard that is not needed for site security shall be turned off after business hours. 8. This permit shall be subject to review after one year from the date of renewal, based on the procedures in City Code. 9. No more than 2 1/2 feet of the 17 1/2 -foot rack shall be visible from the rear of the homes that are at street level on County Road B. 10. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 11. Menards shall install a six -to eight -foot high privacy fence to screen the residential lots west of the existing ten -foot fence, from vehicle headlights. 12. Plowed snow shall be stored away from the southern and eastern property lines to avoid run -off problems on residential property. 13. The fence along the east property line shall be extended approximately 110 feet to the north, to the point where the property jogs to the east. 14. No storage shall occur outside the fenced area. 15. All applicable conditions shall be complied with before May 1, 1989. 16. The ten - foot -high fence along the west side of the storage yard shall be raised to fourteen feet. 17. Toilet facilities shall be made available for employees in the security building. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker Mayor Greavu recessed the meeting at 9:40 P.M. Mayor Greavu reconvened the meeting at 9:50 P.M. G. AWARD OF BIDS None H. UNFINISHED BUSINESS Nay - Councilmember Rossbach 3 -27 -89 i. Geranium /Ferndale Storm Sewer, Project 87 -20 - Assessment Hearing Continued from March 13, 1989. a. City Manager McGuire presented the Staff report. b. City Attorney patrick Kelly explained the situation and the Council's options. c. Mayor Greavu moved adoption of the assessment roll. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmember Juker Nays - Councilmembers Anderson, Bastian, and Rossbach Motion failed. d. Councilmember Anderson moved to reconsider the motion for adoption of the assessment roll. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nays - Councilmember Bastian e. Councilmember Anderson moved to table to reconsider the assessment roll on May 8, 1989 Meeting. Seconded by Councilmember Juker. Ayes - all: 2. Beam Avenue, West of T.H. 61 to County Road D. Project 88 -12: Reconsider Roadway Width Design. a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved that the width of Beam Avenue be reduced to 36 feet. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Rossbach introduced the following resolution and moved its adoption: 89 -3 -43 WHEREAS, the City of Maplewood has planned the improvement of Beam Avenue and Walter Street from 450 feet west of Trunk Highway 61 at the terminus of CSAH 19 to County Road D (CSAH 19); 10 3 -27 -89 WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of this street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned on certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the parking of motor vehicles on the north side of Beam Avenue and east side of Walter Street is banned at all times. Seconded by Councilmember Juker. Ayes - all. 3. Conditional Use Permit: County Road D (Goins) a. Manager McGuire presented the Staff report. b. Community Development Director Olson explained the specifics of the proposal. c. Mayor Greavu moved to table this request until July 10, 1989. Seconded by Councilmember Juker. Ayes - all. 4. Tax Increment Financing For Maplewood Community Center and Park Improvements. a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to approve the use of Tax Increment Financing for park Improvements and a Community Center. Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Juker and Rossbach. Nays - Mayor Greavu, Councilmember Bastian 5. Reconsideration of B.B.Y. Partnership Proposal a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to denv the rec Comprehensive Land use Plan from LSC to resider to be drawn from the public hearin¢ of March 2. t for an 11 3 -27 -89 c. City Attorney Kelly informed the Council that the City Attorneys were served with a notice of motion for a temporary restraining order on the morning of March 27, 1989. As of this meeting, they have not received a restraining order restraining the Council from any type of action. d. Mr. Chris Dietz, Attorney representing B.B.Y. addressed the Council and proposed that no action be taken at this meeting. e. Councilmember Bastian repeated the original motion. Seconded by Councilmember Anderson. Ayes - all. f. Councilmember Bastian moved to table until the May 10, 1989 Meeting. Seconded by Councilmember anderson. Ayes - all. I. NEW BUSINESS 1. Designation of Official Depository and Financial Services Agreement a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89 -2 -44 BE IT RESOLVED, that First Minnesota Savings Bank is hereby designated as depository for demand deposits of the City of Maplewood, and BE IT FURTHER RESOLVED, that a two -year agreement is hereby approved with First Minnesota Savings Bank for checking account and lbckbox services based upon the terms in their proposal, and BE IT FURTHER RESOLVED, that funds deposited in said bank may be withdrawn by check when signed by the signature, or by the facsimile signature of the Mayor, City Manager and Finance Director, and BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred at the request of the Finance Director, Assistant Finance Director, or Accountant for the purchases of City investments, and BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the amount of F.S.L.I.C, insurance covering such deposits unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that this depository designation shall be effective upon adoption of this resolution and continue to be effective until new depositories are designated. Seconded by Councilmember Rossbach. Ayes - all. 12 3 -27 -89 2. Ramsey County - Beam Avenue Overlay a. Manager McGuire presented the Staff report. b. Mayor Greavu move inches of the existin )rove the concept of of Beam Avenue and overla Seconded by Councilmember Rossbach. Ayes - all. to remove several 3. Southlawn Avenue, Beam Avenue to County Road D Project 85 -17 - Relocation Agreement with N.S.P. a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the proposal. c' Councilmember Anderson introduced the following resolution and moved its adoption: 89 -3 -45 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85 -17 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the existing Northern States Power Company transmission line crossing Southlawn Avenue must be raised to allow the project to be completed as initially contemplated, and WHEREAS, Northern States Power company has prepared a Relocation Agreement (89N195) for raising said electric transmission line. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD. MINNESOTA, that the Mayor is hereby authorized to execute the Relocation Agreement. Seconded by Councilmember Rossbach. Ayes - all. 4. Keller Parkway - County Road C Water Main, Project 88 -10 - Schedule Public Hearing a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of County Road C from Forest Street to Keller Parkway and Keller Parkway from County Road C to Palm Court, City Project 88 -18, by construction of water main, services, and street 13 3 -27 -89 restoration, and 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, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on County Road C from Forest Street to Keller Parkway and keller Parkway from County Road C to Palm Court, City Project 88 -10, by construction of water main, services, and street restoration 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 MSA Chapter 429, at an estimated total cost of the improvement of $172,500. 3. A public hearing will be held in the Council Chambers of the City hall at 1830 East County Road B on Monday, the 24th day of April, 1989, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Juker. Ayes - all. 5. Hillcrest Sanitary Sewer, Project 86 -22 - Order Assessment Hearing a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -3 -47 WHEREAS, the City Clerk and City Engineer have final costs for the improvement of Hillcrest sanitary sewer, City Project 86 -22. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Juker. Ayes - all. 14 3 -27 -89 c. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -3 -48 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Hillcrest Sanitary sewer, City Project 86 -22, and the said assessment is on file in the Office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD. MIN14ESOTA: 1. A hearing shall be held on the 24th day of April, 1989, at the City Hall at 7:10 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Juker. Ayes — all. 6. Code Amendment: Rural Street Design (1st Reading) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson. c. Mayor Greavu first )orate on the desi of an ordinance ame characteristics for PJ Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Nay — Councilmember Rossbach 7. Plan Amendment: Harvest Park Expansion (4 Votes) Sec. 10. a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its ado tp ion: 89 -3 -49 15 3 -27 -89 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RL, residential low density, to P, park for the property south of Harvest Park to Gervais Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on March 20, 1989, 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 March 27, 1989. 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 on the basis that it is consistent with the park plan. Seconded by Mayor Greavu. Ayes - all. 9. Hillwood Oaks Number One a. Time Extension b. Preliminary Plat Revisions 1. Manager McGuire presented the Staff report. 2. Lawrence Sampsted, representing the developer, Robert Hennen, spoke on behalf of the proposal. 3. Robert Hennen, the developer, explained the need for preliminary plat revisions. 4. Mayor Greavu moved to approve a one -year time extension for the Hillwood Oaks Number One preliminary plat, subject to the March 14, 1988, conditions of approval revised as follows: 1. A deed to convey Outlot B to the City. A restriction shall be recorded against the title stating that this outlot may not be used for access to the cul -de -sac or transferred to another ownership until a fair reimbursement of costs for street, water and sewer is made to the City. The City Council shall determine what a fair reimbursement is. The City shall then attempt to reimburse this money to the developer. If the developer cannot be located, the City shall retain this money. 2. A recordable deed shall be submitted to the City Engineer to transfer title for Outlot A to the City. 16 3 -27 -89 3. Approval of final grading, utility, erosion control and drainage plans by the City Engineer. a. The grading plan shall include the location of the proposed building pads and the style of each proposed dwelling (walkout, split -entry, etc.). The proposed house styles and locations and street plans shall provide for, or be revised to show; (1) an undisturbed fifteen - foot -wide strip along the east and west plat boundaries and (2) the removal of as few healthy, mature trees as possible to construct necessary public improvements, dwellings and driveways. Future revisions to the approved grading plan may be authorized by the City Engineer, provided the intent of the overall grading plan is not compromised. b. Each mature tree to be saved shall be shown on the grading plan. These trees shall also be identified on the site. 4. Submittal of a signed developer's agreement with the required surety. This agreement shall address, but not be limited to: a. Construction of all required on -site public improvements. b. Removal of the temporary cul -de -sac for Hillwood Drive, construction of a permanent Hillwood Drive street section (curb, gutter, etc.,) and restoration of the temporary cul -de -sac area outside of the permanent street section to an acceptable grade with grass. c. Construction of Hillwood Drive at least thirty feet west of the southwesterly extension of the east line of Lot One, Block Two. d. Replanting of trees, as necessary, so that there are at least 10 trees on each acre (2 -inch plus new or 4 -inch plus diameter existing) following all construction. Trees may be relocated to the berm on Outlot A (City pond) subject to the location being approved by the City Engineer. e. A cash escrow for the construction of a five - foot -wide concrete sidewalk on the north side of Hillwood Drive. Construction of the sidewalk is contingent upon the City council's decision regarding the revised didewalk plan in the City's comprehensive plan. 5. The owner(s) of this property shall release, by deed, any right that may run with this property to use the 33- foot -wide access easement that abuts the northwest corner. 6. Any changes to the preliminary plat conditions must be approved by the City Council. 17 3 -27 -89 Seconded by Councilmember Rossbach. Ayes - all. 10. Ordinance: Certification of Occupancy (First Reading) a. Manager McGuire presented the Staff report. b. City Attorney Kelly explained the ordinance amendment. c. Councilmember Juker moved first Article III of the Maplewood Code t have been vacant for 30 days. Seconded by Councilmember Rossbach. Ayes - all. 11. Amendment of Council Rules of Procedures a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved to approve the Amendments to the Rules of Procedure as presented and reads as follows: SECTION 1: MEETINGS A. Regular r 9, s that The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 p.m., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Thursday, not a holiday. In addition, the Council shall meet at 4:30 p.m. on the Thursday preceding following the second and fourth Mondays. These meetings may be cancelled by the City Council or City Manager if warranted. B. Special The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty -four (24) hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve (12) hours before the meeting time. Except for trivial matters, business transacted at a special meeting shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. 18 3 -27 -89 C. Place All meetings shall be held in the Council Chambers of the Maplewood City Municipal Building unless there is a published notice designating another location. D. Presiding Officers The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Council members shall elect one of their number as temporary chairperson. E. Quorum Three.,members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may convene from time to time. F. Order of Business At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his /her absence by the Acting Mayor, or in the absence of both, by the City Clerk. The Clerk shall call the roll note the absentees and announce whether a quorum is present. In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum, the Council shall proceed to business which shall be conducted in the followinc established order: G. Curfew No additional agenda item will be discussed after 10:30 p.m. Meetings adjourned under this policy will be continued to the next Thursday's meeting at 4:30 p.m. The continued meeting will begin at the point on the agenda where the adjournment occurred. No new items will be added to the continued meeting agenda. First Regular 19 3 -27 -89 At the first regular Council meeting in January of each year, the Council shall (1) designate the official newspaper, (2) choose an Acting Mayor on a rotating basis from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (3) review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. SECTION 2: AGENDA FOR REGULAR MEETING A. All matters to be submitted to the Council shall be filed no later than 12:00 noon on the Monday prior to the Monday Council meeting at which consideration is desired, and shall be delivered to the City Manager, or in his /her absence, the City Clerk. In unusual circumstances and when the matter does not require investigation, an item may be accepted after the deadline upon the approval of the City Manager. B. Except for trivial matters, no item or business shall be considered for action by the Council which does not appear on the agenda for the meeting, except an item or urgent business which requires immediate action and is so determined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all reasonable citizen petitions, requests and statements; however, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action, other than filing, is required or requested. The Mayor and each Council member shall be provided with a copy of the agenda, minutes of the previous meeting, and any other reports and information pertinent to the agenda at least forty -eight (48) hours prior to each regular Council meeting. No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been presented to the City Manager for inclusion on the agenda. SECTION 3: LIMITATION ON COUNCIL ACTION The Council shall only take action at regularly scheduled meetings, or special meetings, called pursuant to Section 1, unless all Council members are present at the time the action is taken. Regular meetings do not include meetings with public bodies in joint or cooperative sessions. All Council actions shall conform to the requirements of the open meeting law. SECTION 4: MINUTES A. The City Clerk shall keep a record of all Council meetings. B. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if each member has previously been provided a copy. C. The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. 20 3 -27 -89 SECTION 5: DUTIES OF THE PRESIDING OFFICER The Presiding Officer shall preserve strict order and decorum at all meetings of the Council. He /She shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions or order; subject however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He /She shall vote on all questions and on a roll call vote rotate the order in which votes are cast. SECTION 6: RULES OF DEBATE A. The Mayor, or other Presiding Officer, may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council member by reason of his acting as the Presiding Officer. B. Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself /herself to the question under debate avoiding all personalities and indecorous language. C. A member, once recognized, shall not be interrupted when speaking unless it be to call him /her to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, be called to order, the member shall cease speaking until the question of order is determined and if in order, he /she shall be - permitted to proceed. D. A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting'of the Council and must be made by a member of the Council who voted with the prevailing side. Provided such motion to reconsider is passed, then the parties entitled to notice on the original action shall be notified, and the reconsideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider. E. A Council member may request, through the Presiding Officer, the privilege of having an abstract of his /her statement on any subject under consideration by the Council, or the reason for the member's dissent from or support of any action of the Council, entered in the minutes. F. The Clerk shall enter in the minutes a synopsis of the discussion on any question coming in proper order before the Council. SECTION 7: ADDRESSING THE COUNCIL Any person desiring to address the Council shall first secure the permission of the Presiding Officer. Each person addressing the Council shall give his /her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit 21 3 -27 -89 b' address to five (5) minutes, except at a public hearing when the limit shall be ten (. , minutes. All remarks should be addressed to the Council as a body and not to any member. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Council member or any member of the Administrative Staff except through the Presiding Officer. SECTION 8: GENERAL RULES OF ORDER Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on parliamentary practice on matters not specifically covered, and in case of a conflict these rules shall govern. SECTION 9: DECORUM AND ITS ENFORCEMENT The Council members, while the Council is in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. No smoking shall be permitted in the Council Chamber while the Council is in session. SECTION 10: ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS A. Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council, except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. B. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting; provided however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ordinances, resolutions and motions, the ayes and nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by law and except that amendments to the comprehensive plan shall require at least four (4) votes in favor. C. Every ordinance, other than emergency ordinances, shall have two public readings as provided in Subsection (B) of this Section, and at least fourteen (14) days shall elapse between the first reading or waiver theeof and the second reading or waiver thereof. D. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a roll call vote of at least four (4) members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any 22 3 -27 -89 emergency ordinance until the same has been filed with the City Clerk and posted in three conspicuous places in the City, and twenty —four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, persons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. SECTION 11: CONDUCT OF CITY EMPLOYEES A. The City Manager may take part in the discussions of the City Council and may recommend to the Council such measures as he /she may deem necessary for the welfare of the people and efficient administration of the affairs of the City. The City Manager shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereof; however, it is recognized that the City Council is the policy— making body for the City and the City Manager shall confine his /her discussion at Council meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. B. No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer questions directed to such employee, or to present factual information. C. The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee, when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof. SECTION 12: WAIVER By majority vote of all Council members, these rules may be waived SECTION 13: ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Seconded by Council member Anderson_ Ayes — all_ Seconded by Mayor Greavu. 12. Sale of Old City Hall Ayes — all. a. Manager mcGuire presented the Staff report. b. Mayor Greavu move Citv Hall. 1380 Frost Realty. )t the offer of $255,000 for Seconded by Councilmember Juker. Ayes — all. 23 3 -27 -89 J VISITOR PRESENTATIONS None K. COUNCIL PRESE14TATIO14S 1. Recycling a. Councilmember Anderson suggested a meeting be held with the hauler regarding days of pickup. b. This subject will be discussed at next meeting. Councilmember Anderson moved to waive the Rules of Procedures and extend the meeting until the Agenda is finished. Seconded by Councilmember Juker. 2. Public Works Ayes — all. a. Councilmember Anderson stated that after meeting with the Director of Public Works, perhaps policies should be adopted. b. No action taken. 3. Policy on S.A.C. Charge a. Councilmember Anderson stated Staff should make people aware that the S.A.C. charges are not included with assessments. 4. Upper Afton Road a. Council stated that the feasibility report on the Upper Afton Road project should be updated. b. Councilmember Juker moved to direct staff to update the Upper Afton Road feasibility study, have a meeting with the neighborhood and report back to ; 1 Seconded by Mayor Greavu. Ayes — all. J. VISITOR PRESENTATIONS (Continued) 1. Gary Gehrke, 1252 Cope Avenue Mr. Gehrke commented on the proposal to hold more Council Meetings and suggested at least 3 or 4 meetings. L. ADMINISTRATIVE PRESENTATIONS None 24 3 -27 -89 ADJOURNMENT 10:43 P.M. 25 City Clerk 3 -27 -89 MAPLEWOOD CITY COUNCIL SPECIAL MEETING 4:30 p.m., Monday, July 3, 1989 CONFERENCE ROOM A Meeting No. 89 -15 The meeting was called to order at 4:35 p.m. by Mayor Greavu. Present were: Mayor Greavu Councilmembers Bastian, Juker and Rossbach City Manager McGuire Completion of the City Manager Evaluation. The Manager reviewed some of the major items worked on this past year and answered questions from Councilmembers. Councilmember Anderson arrived at 5:15 p.m. At the completion of the Evaluation, Mayor Greavu moved to increase the City Manager's salary by 5% and increase his deferred compensation by $50 /month, and directed the City Manager to place this on the Agenda for the next Council Meeting. Seconded by Rossbach - Ayes all. Management Letter from Peat - Marwick. After considerable discussion it was decided that this should be the topic of the next Council /Manager meeting. B.B.Y. /Staff. After discussion it was decided that this should be further discussed when the Council and Manager meet with the Community Development Director. Park Board Recommendations. It was the consensus of the Council that there could be better communication with the Park Board. It was also decided that the City Council should be kept better informed of Park Board recommendations. H.R.A. Liaison. The City Manager explained that Associate Planner Ken Roberts had been assigned "staff liaison" to the H.R.A. The Manager also stated that he had been informed by the Community Development Director that the draft of the Truth - In- Housing Ordinance was recently completed and would be going to the H.R.A. in the next 2 or 3 weeks. The Council then discussed setting up future Council /Manager Workshop sessions to complete this Agenda, as well as other items. The meetings would start at 4:30 p.m. and last no later than 6:30 p.m. The following dates were set for Council /Manager Workshop sessions: July 17, 1989 August 17, 1989 September 18, 1989 The meeting was adjourned at 6:40 p.m. Agenda Number E -1 Action by Council.. AGENDA REPORT Endorsed_ odifi ed.. Re J ecte d . TO: City Manager Dat e� FROM: Finance Director RE: APPROVAL OF CLAIMS DATE. July 14, 1989 It is recommended that the Council approve payment of the following claims. ACCOUNTS PAYABLE. $ 622,176.56 Checks #4531 - #4577 Dated 06 -30 -89 thru 07 -12 -89 $_ 97.556.04 Checks #1498 - #1629 Dated 07 -20 -89 $ 719,732.60 Total per attached voucher /check register PAYROLL: $ 181,590.14 S-__ 34,060.06 $ 215,650.20 $ 935,382.80 Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL Attached is a detailed listing of these claims. DFF:kaz r i CITY OF MAPLEW� OD - PAGE 1 �.; ., VOUCHEG - / C 07 : 14 4 7 FOR. P E. R I O D 0 7 ' -• VU LJ ..R __ -... VENDOR - I1 TEM CHECK ° F CHECK Vf'..NDOR CHElCK DESC R I PT ION AMOUNT AMOUNT 7 NUMBER NUMBER DATE NAME a r _ X453 8 Q8C��{00 �-� � 07 /D3 /�. � - B. k< GRUB rLUE SHI ELL E;.LU. .., T� HEALTH LIFE DEN IN,.1 _, r '�•,� t�Q �1 ,� ,,; ��� Jz 11 HC•MA DED NAY f• i�,'.4 t 1S _ 4539 :3 D::iQQ Ct? f�:w;/ GROUP HEALTH I NG PAY HC:MiA ��IjE�D '(j� h ' H 1�. 11906.66 r� .. 1'S __.. _. A/R INS y �iC 1Q 86.4 4� � . �. - _ . G7 • f Q �3 f E1 �/ �1 � F I�..I F;,,,: U ltl N- � A D I 7 � io 54U 501 .I, . .. 541 u1u1Dc� i�?'ICa', /.� HA -_ SHARE E-iC:MA DE:D � .,� AIR I -}wl C 0 N T 285 a29. 1 4 F . . E: . NT _• . ... _ E._ T.. _ 1 W 1�_ gI ET H EA T R L r_. ___F . V _. .? __ L- _ ,E '1►_ _'. .. __.._ _ ____ �.w. . �07/03/89 ADr .. �t 1 ( J LV _.. 07/03/89 R, CHERYL A W i : l —E te FOR SERVICE r CQ 1Z5•00 13C t� 4544 1 60600 0f rc51el 9 « COTTAGES OF MAPLEWO D LA ND PURCHASE .. . ++ 5Z Q0w0 00 - !i 4545 541400 9- MtNN. FATE • �. r� •SUM �. 4546 541400 C)7 / 75/8 9 MI NN . STATE TREASU =Et S'YATE DRIV LIC FEES 5��.�Q ��� r 5V sai ... .. -. 4547 - -.� �. y.... T 0805 0 07/05/89 PA NY hI fi'.. �� 1 \ 1 lw' tisi' M;� BLUEBERRY � 1 i- �_fi.. FOR SERVICE 64.0o.. �4 1 4,<< -, F E:. '�'hmc w..:N .. �a »w ..- 4Q-4_00'..' -. • _ I ' IE ' __. _.. _. _ _ r+ GLEFtK t F..Dx,:,TH T. COURT __.__...._ [� L, .1 1..., _......._.._.._._�'�._ _._..._.�.,,_._,.� _ .. _ . M - _ .M . I4 454- 7 �5 00 07/06/89 A I VT� N iTH FE: FOR SERVICE � r 14 7i 4550 _ 880100 �, Q7•/06r��� Tf�AC:EY COIL I NVk:. fig} ! UR 3 €" i1E. PPL I E:: : — _ -,�.� I E F SUP , Q) «. E�,,�T.��1 ,o , qw INVENTORY O _ _<.. _ SUPPLIES INVENTORY !,a F k ).,. 61791-13 . Z6,181.38 Asa 4551 �� 1 55 "� •.1 � ... 07IC��. /_. LAKE _ .... AWARDED far 4552 .5004 10 t /06/ MrC•FsQrAw . w -Mi.M •) MQT — '50, 1601 X553 541400 D 7/Q6/89 M I NN . :TAT: TREASURER t LI FE • _ 1 b,. 507/06/89 M t � h. STATE TREASURER ATE DEfi V LIB. rc�i- SE - ti l 5.4 1 1 D 07/07/89 MINNESOTA ► CR %IfiE E=`REVE NT'I ulti( M I TRAVEL T'E�iAI.l� H 39 * Q C jbi 4555 2 t, TRAVEL TRAINING { 77 4556 _ 911300 11.at� Q7IU7 /:�`'� VIE'fiR, I..URRAIfi�tE MILEAGE C o90 1G.f�7 I,. 455T 570095 :,.: D7' /c�'���J MCLYNE, MICHELE 4TH OF. ,JULY 5� w�:Q 5 Q � D �3 55 : 190400 C 7 / 07 / < � U F NATURAL RE ;OURS E D EPT. _- N �r. _...._.. �w__._.. _.___.�._. . __ • VOUCHREG C ITS F MAPLE-WOOD _.. 07/13/89 14:47 Vr_rUti:HE:.R /CHE:.�:��; REGISTER ! FOR PERIOD 07 ' V0UC:HER/ - C:HE( - -*K VE ND(JR C:HE_CK V E N D 0 R ITk:M ITEM CHECK NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 4560 7, :.:-2 00 07/07/C:9 PUL-'L..IC EMPLOYEE F r f - DEDUCTION A �1 0= 6. 6 4 FERA COhTRIBU•{IONS 11,800.1 7 • • -0 t tNt t3r� r t•;� 1 '1 4561 76-11-00 07/07/89 RO— O CONTRACTING, INC. LEGiAL. FISCAL 20,858.06 201858 U 45x_-',21 541400 07/07/89 MINN. STATE TREASURER s- ATE URI VERS _ L I.C: w _ 1 , 0: 6 . 50 i s 036 .5c:� 4563 541400 07/07/89 MINN. STATEr. TRE.ASURE.R MOTOR VEH.L.IC. 10,547.75 10,547.'75 4564 0702 -'75 07/07/89 BEHM, AUDREY AMU.816112 46.40 46.40 .:. 4565 61 100 07/ 10 /8 9 FIRST M INN[ SOI'A FICA PAYAI:,'I. E T '_. '2 1 , : FED INC •'!" A `,•I PAY 2 0 , � .� 1 1 , 5 6 FICA C:ONTR I BU•T I ONS , 2:k 1 . 86 3 22 5 5 r/ c 45r: 6 531650 07/10/89 .METRO WASTE CONTROL C OIYMI 83N �EWACE TREATMEN•L 11Z,439.14 39 4567 630035 07/10/8'-1 N. F. L. ELECTRIC COMPANY, INS:. OT!-!E:.R CONST COSTS. _ _ _.._. __ _.. _ 5- 9_x!._0 __.___ 4568 510100 07/10/89 MAPLE LEAF OFFICIALS ASSINe FEES FOR -IE RV I CE 41850.00 � FEES FOR SERVICE .150.. 75 4569 030400 07/10/89 ANUERS'ON, CAROLE SUPPLIES JANITOR 2.89 r PROGRAM SUPPLIE S FUEL OIL 5.00 SUF'F'LI E -S VEHICLE:: 6.33 � TRAVEL & TRAIN 3 w75 . 4570 5414-00 07/10/89 MT NN . STATE TREASURER v _ ! .R V L. IC• EH FEES : 4571 560100 07/10/89 MN :STATE COMMISSIONER s,rATE INC; TAX PAY 8 .fact 55 8 8 4572 541400 07/10/89 M I NN r STATE f 1k i. A S UR ER STATE. DR i V L I C f` EES _ 7 1 •. 5 { . . . . ... ....... . ... .6 f 1..5V_. - ....... 45.3 541400 07 /11 /89 MINN. SATE 'TREASURER MO^!1.{R YEH LIC 1 ELEJ 161593w40 16,593 ■40 4574 541 400 07/11/89 MINN. STATE TREA.- 3LlRE:'F► STATE DRI V LI C: FEES 7x54. 00 754 M OO 4575 150400 07/1Z/89 COMERCIAL LIFE INSURANCE INC. LIFE INS PAY 99.32 ..__ _... -HCMA UE:D PAY 32*7 .78 `.'. HEALTH L JF E DEN JNS }.i 8 f r 6 9 INS C ._r N i 30, 0 _ ip 4576 541400 07 / 12:/'89 MINN. s rA'TE TREASURER MOTOR VEH L IC FEES 9 1168 .75 91168.75 4577 541400 07/12/89 MINN. STAT'E:. TREASURLR STATE:•. DRI`J LIC: 62::j..0t 642.1.0 0 . _ 149 8 105.5 07120I89 ACE HARDtlXARE .;MALL TOOLS 16 2 E-3. 3- t SMALL TOOLS 51. 80 MA1NT.MA.I•E}zIAL 10.68 -.. MAINTENANCE_ MA-! -RIAL. 1 :..1 0 i. VOUCHREG CITY OF MAPL.EWOOD PAGE 3 I, ` 0 7 / 1 � / r "� _ _ V ! U N ;: / C �-�.. C K ski '= T. k . _ { i FOR PERIOD 07 �V1 VOUCHE CHECK; VENDOR CHI: C K VENDOR ITEM ITEM CHECK f .r NUMBER NUMBER DATE NAME DESC:R IP'`f I ON AMOUNT AMOUNT ��� MAI.NT MATERIAL 107,; 1 1711 f _ .. ~ MAIN U MATERIA - 93 :T r . 12 MAIN'r. MATERIAL 24.03. M MAINT. MATERIAL 5.59 - U MAINT.MATERIAL - �' 17.34 ' i I }J, 1499 02087 •At~t � _ ..._ F.. A -_-t 1 : ' 1500 021440 07/20/89 AMERICAN PULL. I C WORKS ASSOC. SUBS ME:MBI.:.RS 295.00 295.00 I 1501 OZ1550 07 /Z0 /89 AMERICAN TOOL SMALL. TOOLS. �;�.;�0 ��'o3O ... . _.... 1502 .. __.... .. ...._..... _._.....<.. .,.....,... _:........a.�w � � c��3D +. r.......n• +.r....v.__n.,.._._ . n_.... 07 1�0 /w {.t n...+ w.....•.... ......"Z.s.__.:.....___.+._.... 1 .. -..A �...._.a_ ._.� ..wS.: .. __ ;. .._ ... ..... _. _. ._... +T.,_.4..i.K.. 1y,y] .. r..,__.. _..... .._ ....... rs_.. v_ r...._......_..... •S _ _ T:.4.L.AC'.u.._,..s..__......_. .r...__. ...._+ru _.....r_. +. -.+1 _ .._ _ `.'•'^'."rM+n� w.. .....e+_r + «ru ..n+..._. _w -ls.c. F -..�. V..n .i«�„�a.� {(Y� ..Mw w., ,iIW,.M +w.s.,+ -+++ M.+ 1.: a+ q+.. i. , � {f�(/y}�y w+ wM. A+ e�W +_w...«..lP#F.••.�..�!�r-'i_ .+r+......�.� 1503 04.0915 07/20/89 ARNALS AUTO SERVICE REPAIR MA I NT VEH . 513.90 _ ,.. . 1504 060700 07 /ZO /89 • BAHT JAMES C . CONTRACT: PAYMEr, tT _ - 4 t�.7.7..00 , 7T;, D{ :. i'i4{ !�y' 1 1505 061850 07/20/89 DAI ERMAN, PETER A. COMM DEV MlSC» 50.00 50.00 �3s `} 1506 „►. 061900 07/20/89 ' �� T R R �' ' Y I WA HOUSE. �-� c U r r u , - �.�1.l -�- Lid•._. 77 , .ir 411 ; 1507 071510 07/20/89 10 —LAD COOP [GROGRAM SE.PPL.IEw.�►,.. E�.t�� E�.+�v- sir t 14i 1508 050100 07120/89 BJERKNESS, MARGARET PROGRAM REG FEES 4.00 14 i 4.00 {31 ' 1509 080900 . !8 - 07/ ._ I J9 WAT R M . O _N A�� O� � •�. M M. E. !: T ON ��.U�.T� O X57 . �._ - _.._._. r i' OTHER CONSTRUCTION. 88.t�� L1 VVU�t 3 20 110, • 1 it 1511 091450 07/20/89 _ BROWNING-FERRIS IND. Pt.jRTALL.E TOILETS .7.00.00 200.00 54: �5,; 1 a 1512 091475 07/20/59 BRUNSON INSTRUMENT CO. EQUIPMENT OTHER I, �Z6. 47..... r.._..1 ..1Z64.7. i, 151 101400 07 /Z01 DU ILDERS SQUAR.E r 1514 101950 07/20/89 DYErRL.YS PROGRAM SUPPLIES 2.1 .99 } �63� � 1515 1104:5 07/ZO/89 CAPITOL SUPPLY CO. MAINT MATE - RIAL 30.28 � 30 Z8 �tit)! x,51 1U .5' 7f (�1 59 AC'S LI M I 66 69 '! 1517 120250 07/20/89 CELEBRATE PROGRAM SUPPLIES 121.62 121.62 Il, ...,. 1518 120500 07/ZO/$9 CENTRAL POWER RL:.F'AIR MAIN,T EQUI P.M k:riT 438.99 438..99 1"5519 120575 07/20/89 CENTURY AUTO RADIA..iOR SHOP REPAIR ,& MA NT /V ....... .... . _Q_ ,,s r� VOUCHREG 07/123/89- « CITY OF MAPLE:W00D 1 PACE 4 FOR PERIOD 07 , . VOUCHER/ _. CHECK VENDOR CHUCK VENDOR ITEM ITEM CHECK NUMLER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT ;� 1520 130300 07/20/89 CHAPIN PUBLISHING PLIDL ISHIN _.. 14�t 10 143610 i 15 1: 1301550 7 /20 /�8 f CHEMLAWN, INC.-- _. REPUR -MA IN.T.. _.._:....._ ... ,. __ _..__.... 1522 101600 07/20/89 CITY ENGINE:E.R ASSOCIATION SUBS 5 ME ML�lw:FtS 25.00 25.00 m - 1528 14020 0?/Z0/8'9 CLEAN STEP RUGS FEES FOR SERVICE 1.85 . FEES FOR SERVICE 18 85 �Igt '201 y -� 1524 150200 07/20/89 COLLINS, KENNETH V. PROGRAM SUPPLIES 50.17 50.17 1525 15.400 07/20/89 COPY, UIPMEN:T_iVC..._....._ n SUPPLIES _QUIP 69 »8Q ... 77 t81 ?6I j? •' 0 7 / 2 0 / 8 9 CUMMINS J U L. I E PROGRAM REFUND., . -. - 0 :�._ 1527 1808010. 07/20/89 DALCO SUPPLIES JANITOR 154.5 -, - SUPPLIES JAI7Uf 3?1 • } t 1 8 i IJ T.4i l . 0 / 9 D A L E Y , PAT FEES 1— l.r iE , s� f� ii � E 1 65 8 . 0 t 0 0 � rl r 1529 181875 07/20/89 DAYS INN TRAVEL TRAINING 215.X45 215.65 t�8 15:0 1£s1X00 7/ /8 ' 1AYTOhIS BLUFF ;,HEET mr=TAL.w. REPAIFS.... - p_:.M.A_INT /8 M4 -� A'{ _ lid 1581 230900 - 07/0/89 EASTMAN i ODAK COMPANY DUPLICATING COSTS 285 41 • 421 'G:; DUPLICATING COSTS 1441 _ DUPLICATING COST 599.37 } 451 DUPLICATING COSTS 285.41 � a }� t LJ r DUPLICATING COSTS 913.1 2 150 UUF'LICATINC COSTS 318.95 2 �"5 ' ,,! 1532 270250 07/20/89 FLEET TECH SERVICE CORP. REPAIR & MAINT /V REPAIR & MAINT /V 151.8: 85.55 237.40 155 3i 15 33 290100 07/20/89 FREEERG,RONALD UNIC'ORMS CLOT14 LNG ZOMDO 2'0t00 . 1534 �Ca 0 ? /�0 /E� C C SE{VICE�_ U N CLOTH j R h S . . ... . �° {S�Q UNIFORMS .. C•LC rH 19.47 Sri. UNIFORMS CLOTH 19.47 =h3 , UNIFORMS UNIFORMS CLOTH UNIFORMS & CLOTH 9.74 -671 UNIFORMS CLOTH 5� r �t+C, �, . �t;� UNIFORMS & CL� "m 53.86 UNIFORMS 3 CLOTH 58.86 �7t) UNIFORMS C L O *T H dti- r, UNIFORMS & CLOTH 45.42 UNIFORMS -& CLOTH 45.4 UNIFORMS x CLOTH i r� VOUCHREG CITY OF MAF'LC:fCjGD RAGE 5, ' t 07/13/89 14:47 YUUGHLR( CHF,�1' FOR PERIOD 07 a : f CHECK VENDOR ,, CHI: C:h� VENDOR I Tk;.M ITEM CHECK J NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT d UNIFORMS CLOTH 413.4f �1 {)� ;.: UNIFORMS � CLOTH — 45.4 r ° UNIFORMS CLOTH 13 .54 {: t: UNIFORM S CLf) 7H 13.54— UNIFORM - C a'r_ �x.. ............ . _ UNIFORMS S & CLOTH 18.54 ' pat UNIFORMS �, CLOTH :18: .:54 19 , N F OR , UNIFORMS & . CLOTH 34.39 UNIFORMS CLOTH 34-39 I.. UNIFORMS C � � UNIFORMS CLOTH F'tM 34..3 85$. 0 — 155 X01 150 Ci7 /�:��'�� GAkCEAU HARDWARE _ M A I N T M A .TER w` _. T.T:. � _ ... _.::,. �: �..,. : ►. .. �. 1 r 1536 r 302600 07/20/39 f GLADSTONE LUMBER DART. �IAIl�ITtA7EF; AL 1 �..5 1 1 .52 ;� 1537 3OZ900 07'/20/39 GLENWOOD INGLEWOOD FEES FOR SERVICE 441 59 — 4� .59 r � c. �/ A GOODYEAR 7I �. MH NY RE t A R '- ---- -- REPAIR MAINT 361.41 it ��8 REPAIR MAINT — 57 .00 REPAIR REPAIR REPAIR R E PA I R 144. REPAIR~ � . 64 ■ 51 $ ;4 r REPAIR 119.02 I'll 094.01 !4;' 1539 310600 OT/20/89 GOPHER BEARING CO ■ 3UP'P'LIeS VEHICLE 1.00.172 .100 .7Z 15 . ., _ . -.. -- r./ 1541 310715 0 7/20/89 GOPHER STATE--ONE MALL, INC■ FCE3 = GR SERVICE 5 .50 52.50 154 3�.Usa.'.�( 07/20/09 CiUVk:.F#NM NT TRAINING SERVICE TRAVEL � TRAIN 143.00 143.00 4 3 Z 0� �0 � 7/�� f 3 9 G R A Y D u W A A N I E L � CO. J. A _NJ- T., R _ �,.�...._.._ _ ...__�.._.___- .�...�..� ...� , A w.e..._._ .........:�. . ...SUPPLIES, _... _... f315 { ; SUP'P'LIES JANITOR .47 F Z ■ 87 fL! �63 !, 1544 rr r1.,5 3�.G..��: //:9 GREW—HAYf+'1AN JANET VEHCi,E #�LL..�.C:E. _.. _.... � . r 1545 330030 07/20/89 HADTRATH � A SOCI ATES 9 INC. INSURANCE. 59000.00 � 000 000 fib 1546 330400 07/20/89 HARMON GLASS REPAIR MAINT EQUIP. 53 ■34 ■84 � r 1547 340110 07/20/89 HEJNY RENTALS INC: OUTSIDE RENT—EQJ I -. n. t ..:.. _..... fie .,..., -. 1548 340115 07 '/20/89 HELEY, ROLANI} � 1 ":�'EL. E�HOE �' zo 00 !74 15 5 4 402100 07/20/89 JOURNAL OF CIVIL t�EFF.�I ^E _. =1 k __ �... _...._..... _ - - 155E 41 0100 07/20/89 K&L TENT RENTAL � •i L :V f EQUIP � 1 V r 0 0 2 1 0. 0 0 i74 1 11 J N I,. VOUCHREG CITY OF MAPLE:WCIOD PAGE 7 t, p 7 E HER. /HECK G.STER Vi FOR PERIOD 07 M a / VOUCH R L CHECK VENDOR CHE::CK VENDOR ITEM ITE.1'rl CHECK NUMBER NUMBER IRATE NAME DESC:R IPT WN AMOUNT AMOUNT 4,I ,i _ .. __.. .. , 1556 410500 07 /ZO /89 KENNA, JOHN J. FEES FOR SE:RVI.CE 300 ..00 I `t LEGAL. &. F I CAL 400-100., =700 „« 00 �3fi 1557 430400 07/20/89 KNOX COMME.RC IAL CREDIT- SUPPLIES EQUIPMENT 45, 05 45.05 � 1 o, 1558 430800 07/20/89 F= OKESH ATHLETIC U Q R A .# 1559 4605ZO 07/20/89 LEAGUE: OF MN CITIES TRAVEL TRAIhiING 15.00 115.00 1560 460610 07/20/8 LEHNE`S SERVICE INC FEES FOR SERVICE 188.00 �`! 1561 460700 0714'2`0 8 9 LENF: ER TRANSFER REPAIR 1562 461 07//8' LESLIE PARER SUPPLIES OFFICE 14,0 SUPPL1 F SUPPLIES OFFICE 80.87 iiizs I SUPPLIES Of” F•ICE 161.7 j3Gf SUPPLI.E$ C +F L i I SUPPLIES OFFICE. 161 .74 - :. SUPPLIES OFFICE 469,t36; _.. � � _� -fit, -� .« .: ..«...,.:.:.- ..,........ : ..,_...,.:. ...., ............:........._.......: _.:,.......J�.. "�c11 . .- _ ... . _ ,. x'41 1563 470700 07/Z0/ 9 LILLIE SUBURBAN NEWSPAPERS MEMBEWS1.11 F' 16.00 l3N tac, 1564 490200 G7 /20r 8' _ LUG>;. R LUMBER CU. r �UTH %k COSTS 7th; MAINT MATERIAL .4 1431 . -..... _.. - -. ... .... .. MAINT . MA7EtLA � :. . ,....'" - .....3., is �.... a.:. 4wr.+` a: i:... 1..+ r+« w».+ xe•r wM...«...+....w,i........+..+. ti MAINT _. MATERIAL 7 � . Ci 0 MAINT MATERIAL 26.25 }4 , MAINT MATER I i{ U'�f ER CONST COSTS.. H 9 468 �' ;9 MAINT MATERIAL 72 .0.0 M; A E OTHER C:i.:INST COSTS 8.80 ,,i. M A I N T MATERIAL 144.00 — .. .. + T ,.. ..,. r , . 1565 510600 07/20/89 MAPL.rEWUUD DoW1. CONTRACT F'M. 56 .,?5 - 1566 511600 07/20/89 MA:SYS CURD REPAIR AINT IR 1,1 3r;Z �_ � .- 1, 3Z Cio �, F 63 1567 530500 07/20/89 MENA�D� M A1UT MA MATERIAL •�r� C� �� 1568 540225 07/ O /R9 MIDWEST ANIMAL SERVICE FEES FOR kERVICE 1� "fe��.45. 1,�6�.45 U� 1569 540720 07/20/89 MINN COMM OUTSIDE:: RENT _.EQUI�� � M 141J.00 141.00 f�{� , 1570 541900 07/20/89 MINNES OTA BLUEPRINT S U'PLIE.S M ,U,IPMENT _. 55����.,. 1571 54,0900 .07/20/89 MN TITLE: I.-' FISCAL. 165,0 - 16 .0() r � } VOUCHREG CITY OF MAPLEE�OOD PAGE � ,� .�7/13/_r 14.,7 _ 1 =� / - FOR PERIOD F ER I.OU {3 j � VOUCHER/ : _. .. ;..:_,..,..:.._ .._.._ ,._._ :_....._. , . -_ .....__ _ ...... .... .. .__...... . _ ._... .. ..___........,._..__.__..._.... _ ..____._.� .u..�._.._.._,._ .__........... ...,. , CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK NUMBER NUMBER DATE NAME DE;�C:E�IPT tt�N AMOUNT AMOUNT 710 570090 07/20 / EMOGRE:N BROS. ' kIA1� MA.INT. MATE l. 0 M I � 9 j MAINT .MATERIAL 81.46 MAINT MATERIAL :. :_ : :..._ .... _ .: . :_. ___ .�._ __ :.. :_ ....... _ ...._. _ .. _... 35 .1_0 .. _..�..._.. _.._.___._._ ..._...._ .._.:.. ___.:.:..._.:.... '# MAINT MATER IAL 15.60 MAINT MATERIAL 195.86 11,: 157 �1t�0'St� Q7' /2D /��' MULLEN LORI E. ! PROGRAM EaEs E5 ' 1 .Df� 12,o0 jig! 1574 610400 07/20/89 MUNICILITE CO __.. SU. _ 1575 630790 OT /20 /S'� NATIONAL SOCIETY OF PROFESSION SUDS �. MEMBERS 272.00 272.O0 j23i f 731 157+ '630960 07/2-0/89 NCR FEE'S FOR SERV I C:E 168.00 - [16 .00 �,..' 1577,_ 640300.' 0 7 / 2 0 / 8 �9 `� N EM E D E L S C _ . SUPP'LIES J NITOR._. _. A _ _ _ . _ .._ _ _ .._... _ _ . _ _ .__. _ _ ..._ .1 8_4..v_3 - 24 1578 640500 07/20/89 NEt.SON, CAROL M. FUEL OIl.. 12.23 12.25 i,1pi 3 ?� 40550 OT /�.O /S� NL.1_�t7N,. JEAN VEHICLE ALLOWANCE 16 LSD ji 1586 660Z75 07/20/89 .� 1 t Y N O . S T .PAUL M A P I-E W O �` D ROTA BE d M If i E' _... �36 1581 660800 01/20/89 NORTH ST. PAUL CITY OF UTILITIES 176,60 UTILITIES — �.�.:,�' _�..� ..�..._____.���.�..T...� ,:o 1552 661750 07/20/89 NORTHERN STATES POW UTIL 1SS"D FROST 40.5 7 �4a� UT I L 138.0 F R U S_T.__. v UTIL 1380 FROST 10.23 461. UTIL 217 ROSELAWN Z.75 471 0 UTIL 707 SILLNAN 2.75 UTIL. 1540 CORDC 2.151 - U UTIL 1'975. ESE ANA" rcN ........_ :.:.._ ._.�.._ :.._ ... _ _:..�..........._...... _ .. . .. ......... :__._..,..2,.._7.:.! __._.:_._W_:., -.r _ _ _. _�. _.� .:. _ _ _ _ -S 2j _ _. UTIL 2255 RIPLEY UTIL 2501 LONDIN 2.75 3.90 i5 54 ` UT,I.L _IV.WQQD s UTIL 1080 CORD: UTIL 1 � E SE ci f E c� ' ST.30 ,:rw_ UTIL �. ._ D E�` C� T.U.... ,, __.__w_ _:.... _... �_. __:.. a._. __.._.._ :.. _ . _ .....:._:..:.7 0-94_9 : D _ UTIL 1985 ARCADE I79.39 �62 c UTIL 2146 ARCADE : - 16.83 is >� r L t,. L E R . _. _. E: - _EDGER+ _ . _. � G ._ _. ....,�...,_............� ..._...'.. _....� ` __ ...._.._ _ ....._......._ .._ UTIL 2005 OEd4 UTIL 63 S`E•ERLING . 6.38 UTIL 1,662 ..D.E�4.11N� _ _. __. _._... r_._ .: _ .:._ .__ ....._... __.__._. __.......:46 K_6.5 fa .,. UTIL 1750 ADOLPHUS UTIL 1825 ADOLPHUS 6.37 6.60 h9 71� 0 ' UTIL 1845 �'. � is ;:, t- ,:. � - �_ _.._, _ . �.�. �... �:. �! _._._ _ � �..__.._ _� __ _., I{ UTIL 1840 PROSPER 25.73 74 74! �_ UTIL r�OC�1 BRADLEY 9 . 2 =,1 _ U '1 I L . 2 O 19 _ BEAM ...... _ ....._. .57 - 9 _........_ _ .:_ .._ .... - ...:_.. _.._ _.__ _.- w�l rr.,j �t :s VOUCHREG CITY OF MAPLEWOOD PAGE 9 I; t ti! 'i 4 07/ �3 .-�f �� / 14_. 4 7._... ._:. _ VO-UC{-lE:fi1_ CHECK }, .FtE.,G1:STER . -. _._ ....... .._. .... - - -.. ...._. ......T - _. _.. FOR PERIOD 0 V UCF-IER ._ ............... { CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT n u. UTIL Z101 ARCADE' 37 !� UTIL 2133 ATL.ANT IC 6.37 UTIL 2:50 MCME'NEMY 52.5 0 UTIL 474 KINGSTON 199.61 '!a( � ,. -VT 1 7 4 1 A R T N UTIL 95. L.ARPENT 1$..�...J UTIL. 1:43 BEAM 1 D5.57 I �' _...._.. _... t UTIL 1698 PKWY 38.79 4`'• �2' UTIL 1751 ARCADE 109.34 23 ... - - - ii;' UTIL. 2358 WHBl Ak 79 65 j { UTIL x:464 WHBEAl� 152 .2 UTIL 2931 WHBEAR 149.51 , f UTIL 29` 1 WHBAR 153.93 !sf UT 'UTIL 1330 ECOkDD,, 57.55 1 ,Ci .7 �sa> ` ti� '(s5f 4t�0 f i0 '� �i W N R O HA , �38 1534 600300 07'/ZO/89 OAKDALE. ATHLETIC ASSOCIATION LEAGUE ENTRY 318.0.0 318.00 391 IAA 1535 630600 07/Z-.0/89 OCTOPUS CAR WASH REPAIR . 13 411 21 R EPA I R 1' . 1.6 43 EPA 441 REPAIR 24.5 14 63 REPAIR 6.13 l,n G k' PA Iii .. ._ -- _ - - - - -.. _ 2 - - .. - - - - , 4f43 . ;. REPAIR 6 ..�13 �; ! REPAIR 6 .'13 306 , 50 ! s, ::'o 6 0 - i SCHELEN MAYERON ASSOC . % EE3 C ONSULTING y2-9097.59 Z1097.59 i 1587 _ 701; 50 0_7. /20/89 PATIO TOWN-NOt OT ` PAUL. _.. . �U("PLIES JANITOR _ ,,. 1530 7ZO757 07/ O/G PRAIRIE RESTORATIONS, INi:. PROGRAM SUPPLIES 90.80 901.80 ...._.- 1589 740900 07/20/89 RADIO SHACK SUPPLIES EQUIPMENT 40.' 2 40.5 15'x+0 7� 1 '00 Z r X7 /0/ ...: RA INDOW FOO D�htO�i L AM U Ph•' I •. �: - ;: , PROGRAM SUPPL I E3 9.87 ,o5 PROGRAM SUPPLIES 10.37 _ itif'if �E PROGRAM P�'L I _ - . .. -- __.. PROGRAM SUPPLIES PROGRAM SUPPLIES 18.23 15 .28 '6 � 701 9� PROGRAM SUPPLIES _.. ._. . .. _. . .._ _. .. �74? , PROGRAM F � *0r 10.4• PROGRAM �,l1F H'L�IL PRA_ _ ... .� . _... __... ►'� ........ Irs� VOUCHREG c r OFALEsO. D PAGE it _ 07/ 13/8 14 w V y UC. H•.E/. C .H E C.K... FEG FOR PERIOD 07 2 VOUCHER/ CHECK Vf: :TUDOR CHi: C K VENDOR _. _ I TEM -I T'FM CHECK T NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT n - PROGRAM SUPP L I ES+ PROGRAM SUPPLIES 24.16 19.16 'pI 1` Ri..=GR AM- SUP.P1...�.,Etil.: _s, r ....._..._ _...__ _........._... _,..,.,- .,,.� -._. _. _.. PROGRAM SUPPLIES 33.17 PROGRAM SUPF'L ] ES 11.29 ..__,.._.. _F'.R.O G R :A .. 7 �'' � PROGRAM UP F � i. I ES S 28 �1�� , PROGRAM SUP P LIE,:, 15.77 .3 12 « 06 04 - r (l! 1591 +` 7.41 T07/20/89 5 RAMSEY COUNTY FEES FOR SERVICE 10 . DG 1� .00 ?'1 r 9 OT /20/89 SONS RAY DAVIS DAV I hid .._.... ._ _._.. 11 P.' _L. x_..J__N_� .. _ .:....S, SUPPLIES VEHICLE 30.33 48- «S ! ;71 59 75090 rd c�7 /�. r 9 _ • SO i Jt RENT ALL M I N�IC. R � U 1 S ,r .. �......i1.�,itii_T./1L. ... .- _:_._. __> ,. .. _._. .__..._....._ r ..:._..:. _... ._..... ,.... _.�.5�..ft.3;.ti?:�...c ,_ ,.....� .._ ,, .. r .: ._ :. 1 .. r 1594 761300 3 0 07 /20/89 ROADRUNNER FEES FOR SERVICE 34.60 34.60 3!' 31 59 -; �'c:l i'. �y .' 0 / /:l __.:.._. p��1, INC* RODERTS RY {�Iir.fIARTy k. PUBLISH _ _ _ �,,J 1 #r4.f0 ... 18 r8 0 35 761 600 07120/89 RONS PRINTING FEES FOR- .S. �tU.L_C� ..__._. _. 18.00 1$ .00 i��! 15 97 7 2 ,00 07' / 0 /S9 ROYAL DONS FEES FOR SERVICE iG�l j : 41 159 770 07/20/89' RYI�ER TRANSPORTATION OUTSIDE RtNTAL EQUIPt EhiT 11.4, 29 0 0 -r OUTSIDE RENTAL EQUIPMENT 177.00 {{34�! 144 :;. 1599. 78:0300 07/Z0/89 : S &T OFFICE PRODUCTS INC w SUPPLIES OFFICE 11.06 SUPPLIES OFFICE: Eu 5� . 1 _ PROGRAM SUPPLIES SUPPLIES OFFICE 42-08 ESl 'lam 79025.0 7/ 2 0/: S C H U L T Z J U D I T H R E C R E G FEES 1 .._..1i0 ?4 , 153j , ! 1601 . 8'00550 . 07/20/89 SEP I ON, Pk: GGY PROGRAM RE F E 4. 00 I} � xO PROGRAM R' G IST- t�AT._..1Ni 1602 800800 07/20/89 SEXTON PRINTING PUBLIS14ING 3,315-50 ►�pi �,o POSTAGE . _ 1603 831 125 07/20/89 SOUTHWEST PLA` TIC BINDING CO. SUPPLIES EQUIPMENT �S • �0 ''S • �0 iF 3 ' it 04 851640 07/20/89 SPS "OFFICE PRODUCTS SUPPLIES OFFICE:. 48 w00 � SUPPLIES OFFICE 1 S2 « f 0 �s %; SUPPLIES OFFICE .. . _ ...._ .__.�.....__._.._ FIB SUPPLIES OFFICE 179.54 SUP'P'LIES OFFICE 13 F r0 J, ti? r � 5.. / l SUPPLIES OFFICE .... _ _._ .._._. _.. SUPPLIES OFFICE 1�.. �;c.� SUPPLIES OFFICE r;. 4 3.1' , i�ii 1 .. i ` CI TY OF MAPLEWOOD PAGE VOUCHREG V t U G HE R / C H E C a.. R E.iJ 3 __. , _._.:.... . .......... cl / 13/:39 14:47. .. . _ _. - -.... . FOR PERIOD 07 i� VOUCHER/ _ _ M - ITEM .. ITEM CHECK , [ f CHECK VENDOR C Hf::C:f VENDOR -• SC:R IPT ION DC AMOUNT AMOUNT 1 l NUMBER NUMBER DATE NAME __.__.- _. ___.. _ _ .._ ..__. _._. _ � _ � � - _. _ ____. __.._� � - ___. -�_ ; s _.. � 4...___. S VFHICLE SUPPLIES .. 1615 85 .5,00. OT /20- /59....TWIN -. '{• T CITY o*rHER CON ...COSTS _ OTHER �aN T COSTS yy t 685 g 56 714.56 ,., 1616 f 2 I h S UPP. L .1_.ES. -_rJ AN. �r MA INT / jj - T34 i . _ ._ -.... . _..._.._.._ - . REPAIR 90010 _ NL I M I TED. 1F RMSU1617 U N I F 0 R M S _ _ CO T_ H I_ N SUPPLIES EQUIPMENT . .,.._ 86.25 ?'! _ _ 4 G UNIFORMS CLOT14I 157.25 309.12 1415 Oi~ 07 /Z0 /59 _.. _.. UNIVERSAL MEDICAL _.._. _ ...... SUPPLIES [QU I fME NT e S 0 W i • 1619 91005o__.:_. .+�7 :120/8'x" V. W. EIM 1Q.KE : AS.SOC I.ATES , INC. _ �301 n 1.0 '910zOt� 07/20/x'9 VALS' BODY SHOE' A/R INS C1.ATM�, 0131.10 - — 203.10 _ s, ,k 7! 1 6 i a 07 /20:/89 VASKO KURDISH REMOVAL PEES- wR V I E j • 0FOR. 1 9 9 r o 0 - R Sf R UL,D I S H:::,R.E � Q,V _,_._... _- ��.T. 0..0.. �ss i37 1622 r.,1 1 D 0 07/20/89 VIRTU: PRINTING PRINTING 354.50 _ _ 354 .5 0 - - :39, ----- -jA I ,.. 1 23 _ 912150 OT120189 ... .. .... .. ... .._.... ._..- .....- ... _..... _ VISL{'"SE4�iER CLEAN tk SEAL$ INC* _ _._ OTHER GONST COSTS `. - 6454 ' w i l42! ' 3 1 '4 ,- �► 40550 Q' o7 /20/89 WEHRMAN L- �ERGLY ASSOCIATES INC FFE.,� Ci N,�i.L. __.._ � _ :._ .00 734 , 44 jns 44 _ _ r F'E:E�, CONSULTING 14.5 19233-00 ?,,,i , FEES C0N� L)LT I l�IC; 1625 941500 o7 /Zo /S'� WHITE DEAR DODGE REPAIR, VEHICLE . 3 y� i ri �- M I ..� ,L t F H I G L E �. �.- ...,., . _ -. 3 5 1 7 7 19037-90 !F4 REPAIR VEH I C:LE . •- 1666 �" , 42800 ? / {� /S 0 .._ 1 WI NF It Liz MIT�'14ELL _ _ LEGAL _. - _.. 1627 '� 5015 0 07 /2'0/8-9 I� p O D D U k Y MECHANICAL. ' 7 1628 960400 f...:. 07/20/89 .XEROX �E CORP. ;3 "i' S« D U P L I C: A 'f' I N G COSTS r, � DUPLICATING COST. '4 8.74 ( s2 I`3i` D U 4 L i A iw I h4 U COS T - - - . DUPLICATING COS °r� S 't 0 r 5 '`f ... . B6 DUPLICATING COSTS �5.��� 5U 52 c� �rN DUF L I C AT• I NC;<.. C 007 S ............... ... ....._ ......., :_• -.. - .._....__.... . .... ,4{ Ir _ 1 '�' X50500 07/ /� :� CEP MANUFACTURING COMP ANY SUPPLIES J A N I T' i".i♦ R SUPPLIES J AN- I T . F� _ ... _ . .._...._...-__,. .__...- _..._.�...__.._- - — 154.23 u .� _ .....- _ _ . _ - _ - 145 � t71 72 iii TOTAL_ . .Q.1i E ,Q K S . _ ....- ... CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 06/30/89 CHECK #104.09 - CHECK #10592 EMPLOYEE NAME GROSS PAY McGUIRE, MICHAEL A. 21634.46 BLACKSTONE, GAIL 11510.90 ZAWACKI, KATHRYN 11004.50 BERM, LOIS N. 11034.10 JAHN, DAVID J. 826.67 SWANSON, LYLE 11149.67 CODE, LARRY J. 276.80 OSTER, ANDREA J. 902.28 MIKISKA, WILLIAM 172.80 FAUST, DANIEL F. 21033.30 TAYLOR, LINDA 11050.28 MATHEYS, ALANA K. 1,083.88 VIGNALO, DELORES A. 11083.88 ANDERSON, CAROLE J. 11243.88 LA MOTTE, MARLENE 182.00 AURELIUS, LUCILLE E. 11878.90 SELVOG, BETTY D. 436.25 SCHADT, JEANNE L. 11029.48 KELSEY, CONNIE L. 527.75 VIETOR, LORRAINE S. 972.68 HENSLEY, PATRICIA A. 562.01 JAGOE, CAROL 732.68 CAROE, JEANETTE E. 945.67 OLSON, SANDRA 555.62 RONGSTAD, CAROLEE 96.25 COLLINS, KENNETH V. 2,084.50 RICHIE, CAROLE L. 11189.99 SVENDSEN, JOANNE M. 11356.36 NELSON, ROBERT D. 11800.50 FULLER, ELAINE 543.74 OMATH, JOY E. 497.88 MARTINSON, CAROL F. 11090.85 ZAPPA, JOSEPH 1,753.18 STILL, VERNON T. 11378.28 SKALMAN, DONALD W. 11403.88 FRASER, JOHN 626.40 NELSON, CAROL M. 21286.28 MORELLI, RAYMOND J. 11355.20 STEFFEN, SCOTT L. 11420.80 ARNOLD, DAVID L. 21337.48 BANICK, JOHN J. 11486.36 BOHL, JOHN C. 11429.10 CAHANES,,ANTHONY G. 11800.50 CLAUSON, DALE K. 11403.88 MOESCHTER, RICHARD M. 11494.50 ATCHISON, JOHN H. 11403.88 YOUNGREN, JOHN 21576.62 PELTIER, WILLIAM F. 21337.48 SZCZEPANSKI, THOMAS J. 11400.43 WELCHLIN, CABOT V. 11479.97 LANG, RICHARD J. 11442.72 RAZSKAZOFF, DALE 11454.28 HERBERT, MICHAEL J. 11454.28 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING. 06/30/89 CHECK #10409 - CHECK #10592 EMPLOYEE NAME GROSS PAY DREGER, RICHARD C. 21337.48 STAFNE, GREGORY L. 11436.33 BECKER, RONALD D. 11467.70 HALWEG, KEVIN R. 21397.27 STOCKTON, DERRELL T. 11378.28 PAULOS, J R., PAUL G. 1,275.97 BOWMAN, RICK A. 11522.68 KAKIS, FLINT D. 1,390.28 HEINZ, STEPHEN J. 11415.88 GRAF, DAVID M. 11467.08 THOMALLA, DAVID J. 11627.49 PALMA, STEVEN T. 11293.96 VORWERK, ROBERT E. 11467.08 BERGERON, JOSEPH A. 11593.48 MEEHAN, JAMES 11574.46 MELANDER, JON A. 11467.08 SAUNDERS, SARAH 743.08 EMBERTSON, JAMES M. 11538.10 WILLIAMS, DUANE J. 11354.90 RABINE, JANET L. 11067.22 BOYER, SCOTT K. 11018.20 WALDT, CYNTHIA 804.68 RYAN, MICHAEL P. 21397.27 FEHR, JOSEPH 902.28 NELSON, KAREN A. 11063.10 FLAUGHER, JAYME L. 1,165.83 WEGWERTH, JUDITH A. 502.73 HAIDER, KENNETH G. 21084.50 CHLEBECK, JUDY M. 11087.88 MEYER, GERALD W. 11204.92 KANE, MICHAEL R. 11404.12 NAGEL, BRYAN 868.89 LUTZ, DAVID P. 11132.68 KLAUSING, HENRY F. 11197.48 SCHMOOCK, JOHN 992.68 HELEY, RONALD J. 11154.28 OSWALD, ERICK D. 11001.77 COLLINS, STEPHEN 460.00 FREBERG, RONALD L. 11156.80 CASS, WILLIAM C. 1,704.68 ZACK, TODD 420.00 LINDBLOM, RANDY 11013.31 ELIAS, JAMES G. 11334.28 PECK, DENNIS L. 11334.29 PRIEBE, WILLIAM 11262.28 IRISH, BRUCE A. 11635.08 GESSELE, JAMES T. 11677.08 GEISSLER, WALTER M. 11310.28 METZ, TERRY 11013.31 LOFGREN, JOHN R. 959.32 ODEGARD, ROBERT D. 11878.90 BRENNER, LOIS J. 11136.45 KRUMMEL, BARBARA A. 521.95 CITY OF MAPLEWOOD PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 06/30/89 CHECK #10409 - CHECK #10592 EMPLOYEE NAME -- - - - - - - - - - - - STAPLES, PAULINE JONES, LUTHER BOWES, WILLIAM COKLEY, T. TRAVERS, DANIEL MC MANN, KEVIN MARUSICH, M. JAMIE ANDERSON, ROBERT S. LINDORFF, DENNIS P. GARRY, WILLIAM HELEY, ROLAND B. MARUSKA, MARK A. SCHINDELDECKER, JAMES AURELIUS, ERIC BURKE, MYLES R. BRENNER, JAY BURKHARDT, DANIEL MAYERS, JILL AURELIUS, KIRSTEN DOUGHTY, LINDA BERTHIAUME, K. SHELDON, LEO HANNEGAN, ANDREA MILLER, SHERRAL DREGER, KARI JORDAN, CARA CLEVELAND, JENNIFER HOLLAND, ANDREA LEKO, ANNETTE FORD, JENNIFER THOMPSON, JENNIFER GRAF, MICHAEL CAMPBELL, D. DALEY, MICHAEL JANSEN, PAUL PODPESKAR, KIMBERLY HERBER, TODD WILLIAMS, AARON NARUSIEWICZ, MIKE ANDERSON, CHRISTIE BESETH -JR, RONALD NELSON, JACKIE IKHAML, JENNY IKHAML, JIM DIEBEL, GERALD RAHN, CARY JORDAN, ERIC DORNBUSCH, AMY WARD, ROY G, TAUBMAN, DOUGLAS J. GREW- HAYMAN, JANET NELSON, JEAN HORSNELL, JUDITH A. J. 0 GROSS PAY 1,642.28 72.00 287.50 400.00 83.25 400.00 380.00 1,100.68 1,132.68 992.68 1,175.88 1,465.96 818.28 440.00 1,197.48 452.00 400.00 306.25 277.88 441.00 330.00 17.50 227.50 128.65 252.00 84.00 165.00 323.75 170.15 172.23 312.50 200.00 300.00 265.00 297.50 210.00 290.40 84.00 80.00 204.00 295.75 172.80 102.00 295.00 274.00 188.83 126.15 245.78 406.40 1,372.68 1,157.48 377.43 567.94 CITY OF MAPLEWOOD FOR PAYROLL CHECKS CHECKISSUED #10409PAY ENDING 06/30/89 CHECK #1059 EMPLOYEE NAME GROSS PAY HUTCHINSON ANN E. 758.77 FISHER LYNE 327.25 DOHERTY KATHLEEN M. 11029.48 BARTA MARIE L. OLSON, GEOFFREY W. 949.00 11878.90 MISKELL NANCY 328.59 495.22 LIVINGSTON JOYCE L. ROBERTS KENNETH 11130.60 EKSTRAND , THOMAS G. 1 616.30 382• 50 BERNIER SHAWN OSTROM 'MARJORIE 11563.08 CARVER' NICHOLAS N. 11187.88 31.50 LOFGREN ROSANNE WENGER 'ROBERT J. 1,286.28 LA.CASSE TELLY 105.00 136.50 LA CASEE' CASEY NADEAU, EDWARD A. 1,196.60 MULWEE GEORGE W. 1' 152.68 11706.96 N UTESON LAVERNE S. BREHEIM, ROGER W. 11 181.00 EDSON DAVID B. 11174 .28 460.00 RTINSON ERIC MA � 174.28 11174.28 GERMAIN, DAVE MULVANEY, DENNIS M. 1� REIGL GEORGE C. 1,053.48 $181,590.14 PAYROLL DEDUCTIONS MA RETIREMENT TRUST -457 IC $ 71888.26 CITY & COUNTY EMP CR UNION 24 753.00 SCME 2725 AF 476.30 MN MUTUAL LIFE INS 19 -3988 160.00 METRO SUPERVISORY ASSOC ME 18.00 MN STATE RETIREMENT SYSTEM 238.00 L.E .L.S. 526.50 $ 34,060.06 GRAND TOTAL $215,650.20 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Time Extension APPLICANT/OWNER: Ed Cave and Sonsq Inc. LOCATION: Larpenteur Avenue and McKnight Road PROJECT: Cave's Currie Street Addition DATE: July 10, 1989 SUMMARY INTRODUCTION E-� 'un I, Action by Co cil * Endorsed- Modif ReJecterl The applicant is requesting a time extension for Caves Currie Street Addition preliminary plat. (Refer to the map on page 5.) BACKGROUND The City Council approved Cave's Currie Street Addition preliminary plat on July 139 1987 subject to a number o+ conditions. On July 11, 1988, the City Council approved a one-year time extension for the preliminary p-1 at a ORD I NANCE REQU I REMENTS Section 30-5 (e) of the City Code states, "For one year +allowing preliminary approval and for two (2) years following final approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the useq development density, lot size.; lot layout or dedication or platting required or permitted by the approved appl 31cat ion 's Therea+terg pursuant to its regulations, the City may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application, unless substantial physical activity and investment has occurred in reasonable, reliance an the approved app li cation swe"IN DISCUSSION In April 1989 the applicant submitted an application to revise.the preliminary plat to create 19 single-family lots instead of the 15 lots of the original approval. (Refer to the Woods and Ponds P p plat an page 6.) The new proposal has been reviewed by the Ramsey Soil and Water Conservation District and the Ramsey-Washington Metro Watershed District and has received their comments accordingly. Staff has not yet prepared an analysis of the new proposal for the property* There have been no changes in City Code or to the I and adjoining this site that would warrant revising the conditions of preliminary approval a RECOMMENDATION Approval of a time extension of one year or until until a new final plat is recorded. whichever comes first, for Cave's Currie Street Addition preliminary plat Attachments' is Loot ion leap 2. Property Line /Zoning Map 36 1987 Preliminary Plat 40 1989 Preliminary Plat cavecurrie *1 Fef11! f 11 ! /1/ 111111 111111121 11 /111111 R ri1 1 R2 - ( • r • • - F X111= • r w r r �/ • - • 3 w • R • • �"� ,";� /1ttt1�• "."` �fflltl,l 11 1, 111111 tt11u /11li/ R 1 //111l1,/11l11111f� 1 /11,tt� 111r1111rtf,ttflt!_ . ; �.. , •, r • r • . r . R 3 - LB R3 Mom MW MW t " `� w NC 1111111, „11�lt11N1111! 111 •011111111111 111111 /1 /!l�f111�11! ltli�i• 1111/11 / S!F111/1 i - u w r tI111t1 - R2 - ILI111111 no: r � M I .•�• �- .� /1 M 2 ,.+ 1 4 40 N VIIII111fI1IEr R3 R 3 P 11 D ,-,, r e v Eew U R: R .� �� ♦ ►• Z F- N + ,. t� r r ,. P R3 it R2 �itL *M 1 t 1, �►�. R 3 - PUS w r � � ' � ' r � : 11 / / t ! 11111 � � 1 t''i'"�` - - .. r_.�.---- - -;--• ` � 1 • ,,,,, , �r c - `, �, EfBC LBC Rf w w ” t IIIIIIItIt1111111/t11t �" 3 v •• ���„ °- • �,� . C R2 � r 960N , • _. - r ••� :i s F �� ir_ i11it /t111/t11 r R R Itlltlitt111 8C r r •, • s t•; .. BC 3 r r, Zo a - .. w .•�t .4a04a ,. ,. av .. � 74"'k iiii, or BC l) • r M. •. •t 1 5► �1 LOCAUION MAP Attachment 1 nN W w w 331 33 -LAR -p R Ni 41 r m amp '•� r ;3fi � 4 X23) d -_ //_ 4- ---- -o poi � L ��• • /95.57' 99.7e' 00 99.78 7.33152'4 47.33152'4,5' 2 9 9.48' v3o a �^ d (t`) _ o r `� (3) �� <i� N o �. '3 RI ♦ 66 � Olf 4 1 60' ( } 0T3 ru (zsl N n o 3 LI 2 I ! � M •- (3 5) oo o 0 3 v ° �� 03 `^ 1 3 -3: 3a' .- a - G 5 8.7 7 pmt 6!i i O - oZo 3 I 1.1 Q (24} -2 Flo 9 � _ t L 9 5.119 M 9' L 6 �o v J 1 c a N Jr- N 6 3G• - w /3 _ 2 2) - 3 h 36 � � Z ►. 3 " 7) 40' �(o) (�w) ` '.. �� • .. o loo , 100 �1Z lZo.o 5) k)L� q 1 15 ESh'7 . �.s 8 ` 77-50 75.7- NTA+NA s z ^ _' 's 14 7 O l goo � a N CON DO K4 I W U h �i0• C ��neNo T'• '' ao 14 d• S ` ..91.9 •. M r �� � ill -- PROPERTY LINE / ZONING MAP 4 Attachment 2 4 N m amp o4z ° � 4 X23) d -_ //_ 4- ---- -o poi � L _ 2 9 9.48' RI c0 66 � �. 6 1 60' N n • N. . � "' ' . a, M •- (3 5) oo - 1 3 -3: 3a' .- a - G 5 8.7 7 pmt 6!i i O - t- 0 o Flo 9 Cq M 9' L 6 �o v 4 � (18) � 8� _ c . c;, �3, Q ' C -- __ _ C+ 395•x3) 1.8 0 arc. • 030 • Q GG� O % d \i � co � c� ( 8� _ N s o , 0 7) o 9 12 - O j • / 50' - -- � b A S • �" N (33) an /4) �• S 10 4 C OY �� '\ v !$Z•9V 7S 73 t.f 1415 -,'� -f 140 170 •' 8° 83 ° 30 ° 3 ►; /Oo goo 99 10 2 (i) tzD. Now � n �91 o aT o 4 o e� 0 n A o90 o E a c o o N N ti N o L N i J 1 c a N Jr- N 6 3G• - w /3 _ 2 2) - 3 h 36 � � Z ►. 3 " 7) 40' �(o) (�w) ` '.. �� • .. o loo , 100 �1Z lZo.o 5) k)L� q 1 15 ESh'7 . �.s 8 ` 77-50 75.7- NTA+NA s z ^ _' 's 14 7 O l goo � a N CON DO K4 I W U h �i0• C ��neNo T'• '' ao 14 d• S ` ..91.9 •. M r �� � ill -- PROPERTY LINE / ZONING MAP 4 Attachment 2 4 N Saw" R M KC. 24, rst, AU •86. n •-- LAST -- • ' � t L E E ARP NT UR AVE.— • cxcr►rw �. ' ODUMT A t w w 100 -foot setback from pipeline a: AM '�. . c 0 _ w v.� Ln = . s 3 ; OUnOT 8 3 Ln w� 1 F-- - - - -- � 19 i ors Y s to �, .l • lArtf uK iv MW to • ww b t or !w M M S&C. !4 Cave's Currie Street Addition Preliminary Plat (As approved 7- 13 -87) 5 Attachment 3 4 N Q a.� cr_ Z_ 6 J 11.il 6.1 J r L � S 1 1 c; n I N +' "�. "4N� I .• Y 0 40 � a L N . S $ Mf !8 � •� �Qj "j � I h { I to " 4 � p • �� w� �yi• � �tiv i iaow L M ri��` i . al ✓ • r w 133HIS 3lamno tM ` a< v •. a of I fa 1 c� � a if Q I t i sE . O N» I o. cc I CL I ,I ILL . Wb a � ( � tSM ~ � � ~ i N ~ • e • !f. i i I i IIINJ aboao�r r L � S 1 1 c; a • � - ., ti W %✓.. .• Y 0 40 OW RIO • ���yyy o i w •� • rises i i Y r L'] � � � ■ Tj • � p • •' r �yi• � �tiv i iaow L M ri��` i al ✓ • r w � (, � 4 , i ` ►;�� ! get•: � - -' ' _, Z. ¢ , $ I W - C ua a 9t01 s 4 to E t01 9ta �• I; Iy, ` �'\ III w . • . , sr " L-4 a 16 . i O It © O -► -- - e ✓ t O - -. r • • w f I Q { 7cr1O! L •' J I Cr. lam ; S lt01 s MIN SEI01 IW N i �r `� +�. q cc. a. CO I It "On 1p I r • ea•• z I 1 i ,w O ol lb as Qdt�� _ _ 1NJIW�f?W_ 0.4 s i• t i M f s 19M PREim iii '• O N { 4V Attachment 4 i41 6 �� f� S 1 1 c; �• � (, � 4 , i ` ►;�� ! get•: � - -' ' _, Z. ¢ , $ I W - C ua a 9t01 s 4 to E t01 9ta �• I; Iy, ` �'\ III w . • . , sr " L-4 a 16 . i O It © O -► -- - e ✓ t O - -. r • • w f I Q { 7cr1O! L •' J I Cr. lam ; S lt01 s MIN SEI01 IW N i �r `� +�. q cc. a. CO I It "On 1p I r • ea•• z I 1 i ,w O ol lb as Qdt�� _ _ 1NJIW�f?W_ 0.4 s i• t i M f s 19M PREim iii '• O N { 4V Attachment 4 i41 6 �� �• Z 1- �- cc 4iT � n -• —' I , ? uj Z V r OW RIO � (, � 4 , i ` ►;�� ! get•: � - -' ' _, Z. ¢ , $ I W - C ua a 9t01 s 4 to E t01 9ta �• I; Iy, ` �'\ III w . • . , sr " L-4 a 16 . i O It © O -► -- - e ✓ t O - -. r • • w f I Q { 7cr1O! L •' J I Cr. lam ; S lt01 s MIN SEI01 IW N i �r `� +�. q cc. a. CO I It "On 1p I r • ea•• z I 1 i ,w O ol lb as Qdt�� _ _ 1NJIW�f?W_ 0.4 s i• t i M f s 19M PREim iii '• O N { 4V Attachment 4 i41 6 �� MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate planner SUBJECT: Conditional Use Permit Renewal LOCATION: 2120 W odlynn Avenue APPLICANT/OWNER: Rekmtad Resources PROJECT: Cottages of Maplewood PUD DATE: Jul)/ 13, 1989 SUMMARY INTRODUCTION F-_ 3 Action by ftnnoil�� Modifted~�~��~-� The applicant is requesting the renewal of the conditional use permit for the Cottages of Maplewood planned unit development (PUD). This PUD will have sixty townhouse-style residential units for older adults. BACKGROUND The City Council approved this PUD and tax-exempt financing for this project on December 14, 1987. In July 1988, Ramsey County authorized a Community Development Block Grant for -the development. In November 1988, the applicant received a: tax-exempt bonding commitment from the Minnesota Housing Finance Agency. In January 1989 the City Council granted a« six-month time extension for the PUD. In May 1989 the City Council gave final approval for the bonds, notes and developer's agreement for the project. Groundbreaking is scheduled for Tuesday July 18, 1989, ORDINANCE REQUIREMENTS Section 36-442 (d) of the City Code states "The proposed construction must be substantially started or the proposed use utilized within one year of Council approval or the permit shall become null and void. The Council may grant one six-month extension of the permit if just cause is shown." Section 36-442 (e) states that "all conditional use permits shall be reviewed by the Council within one year of the date of initial approval. unless such review 'is waived bv Council decision or ordinance. At the one year review, the Council may specify an indefinite term or specific term, not to exceed +ive (5) years, for subsequent reviews." RECOMMENDATION Approve a one - -year renewal of the conditional use porm i t for the Cottages of Maplewood PUD , subject to the original conditions o+ approval dated December" 14, 1987a Attachments_ i • Location heap 2. Property Line /Zoning flap 3.. Site Pl an 4. Letter from applicant k rcottpud 2 K -6 TIA JL' A L L &*L 8C —� 8C R2 R or R 0 C Avg 8 C 9 •..w w. t , t iL ec ,_7, LOO • - - -� . J _ RANS 7 ` R PUO ri R'2' 12) w �BC R F � �, F Lr- F R ., R^ •� P V 0 i R �i F C R F R �I E- ,GEM�.� R J p ' L IBC J 9c ! F R l 8 C--j C A.'! Ln LDC F R J*A, M1 RCR` R- 3C i 2' --- +�� .� L-hn t:14�) J � [r��;or I I C, �; t f GG _ R — R ' IOU F t�� 1 �. 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' ' f 1.i ` `7' �'•• �: ��ti :% f :� :� • '� ... ' :� titi•i: i.•�ti :� : :. � :.•`: :•.\psi • . ..; ,.. ,. wi r1 • � . : :..• : : :� :�' ;' °; :: "�• �' :�ti : ^; :. }� :•dump.• ?.• :• :; .%:.•.•:. �. 12 do — tj = g IBM �- ..,, - » of. -4 f ,,. 73 �o g tp 0 2 '95 2'9 3 ' ° 2 9 97 2��5 1 1 '4 IS t4w .ii • �dp ... ,n ,J PROPERTY LINE /ZONING MAP 0 4 Attachment 2 4 N • � �-- _ __ v _ _ _ - �� ! _ r _ _ _ _ _ _ _ _ _ _ -Or - _ _ _ _ _ _ _ _ _ _ _ _ r • r _ _ _ _ _ _ _ _ • r • V X11 Y 1 fil- i 01 w oo D LY IN -- — - - -- --- - -- -- -proposed .gyp 11 t line land—locked pa rce 1 _ tic � T44 2 54 z E(311 • :� :� ,;?'��� := :fit::: • •..: 'r:: 11 .., •a•. .1 ........... ... ...... 4 S ALV A ION A RM �) =. ::. ;r,r•:';:;M: ::: : : : : : : :• : :: Y ;;;r�,�,;;v�►....,v.\ �...;� :.. :.: .. . : is •.� : is f' :;�^.� :} :� • : : : :•...; \.;. ; :; : :; : :� . •.�•.v.v : :.�•: �rr�' {• :�tii.ti• : :•X•? :vim., •. {v :•�►• :. :.•: r r. H•.•.,ri,:• :• :�.. :•.' :.• :. :• : : :• : : : : :• :.•..•.�.: �,•t; : :•�. ::: ;ti%, : : : :� :: •::dump:. Qw Li:•i .� �: • ••v.i� f� ;: '• '• :tip• : :•.:�' . ! ' ' f 1.i ` `7' �'•• �: ��ti :% f :� :� • '� ... ' :� titi•i: i.•�ti :� : :. � :.•`: :•.\psi • . ..; ,.. ,. wi r1 • � . : :..• : : :� :�' ;' °; :: "�• �' :�ti : ^; :. }� :•dump.• ?.• :• :; .%:.•.•:. �. 12 do — tj = g IBM �- ..,, - » of. -4 f ,,. 73 �o g tp 0 2 '95 2'9 3 ' ° 2 9 97 2��5 1 1 '4 IS t4w .ii • �dp ... ,n ,J PROPERTY LINE /ZONING MAP 0 4 Attachment 2 4 N • vp IL to ow� MW Ir SITE PLAN Possible future 5 Attachment 3 garage space --I Or --- q 4 es of od.. July .6, 1989 AGENDA REPORT E AGENDA ITEM Aotlmz by Council: EndorsetL~_�~�~__- Modified_~��~�___ � TO: City M Rej anager ecte --- FROM: Assistant City Engineer SUBJECT: Gervais Avenue, Project 88-14--Change Order One and Two DATE: July 17, 1989 The attached change orders were presented together with proposed Change Order Three and Four at the June 22, 1989 council meeting. Approval of Change Orders One and Two was recommended. It was stated that Change Order 'Three and Four were mandated by the St. Paul Water Utility and were judged not to be cost-effective by the engineer. ' Change Order Three and Four were rejected by the council. The disposition of Change Order One and Two was not clear. These two change orders are eligible for state aid funding and are recommended for approval. They are again presented for consideration. BAI jw Attachments ' TOL 1Z , KING, DUV AL L, ANDERSON AND ASSOC.I RTES, INCORPORATED Engi neers -Arch pests -PI anners St. Paul,, Minn. ....J.11D12_ _U ,0.....19,.. ,�,• Comm. No. -2279 Change Order No. 1 To-` for -for You are hereby di rested to make the f of I ow I ng change to your contract dated „Febr U ry 27 . , 19 ._.,0 The change and the work affected thereby Is subject to a l I contract sti pul atlons and covenants. This Change Order w i l l ( I ncrease) ease) ( -) the contract sum by Tipo Thous rid- N ne �evenb-Slx and Doi l a r s 2. L Lr. 8 5 J • This change was outlined In the., St. Paul Water Department's review letter of January 23, 1989. The new grade over the, exi sti ng watermai n at Stati on 9 +00 w i I I be In excess of 7-1/21,', 'Because the street increased the cover over -this is watermatn, this change order should be el i gi bl e for state aid f unds. The cost to rel ay th Is watermai n .i s as fol I ows: 1 . 54 LF 8" DIP @ $20.00 /FT = $1,0080,00 2. 2 EA Connect to EX W aterma i n @ $125.00/EA = $ 250.00 3. 695 LB MJ Fittings @ $1.83/LB = $1,0271985 4e 1 EA Air Vent @ $375/EA - 375.OQ Total Cost Change Order No. 1 $2,976.85 Amount of Original Contract Additions approved to .date Deductions approved to date Contract amount to date Amount of this Change Order Revised Contract Amount M (Nos. _ ? $, (Nos. . _ $ (Add) ) C loot--- h-an-�je d) $ Ow ner Da to Approve Contractor �. Bcli y Date *Only copies needing signatures. TOLTZ , KING, DUV AL L, ANDERSON AND ASSOCIATES, INCORPORATED By La D. Boh rer, P. E. White - Owner* Pink - Contractor* Blue - TK DA Yellow - Field Goldenrod - Department Green - TKDA Main File V CE ANG E RD R TOL TZ , KING, DUV AL L, ANDERSON AND ASSOCIATES, INCORPORATED r Engineers -Arch itects -P1 anners St. Paul, Minn. , _June� 15;_____19..e.�, Comm. No. 9279 Change Order No. TO pannor.- -Inc. f or G!Pcya-i s- Avenue. f or You are hereby directed to make the following change to your contract dated _._F e.b r u a ry 27,,,6, _•. . �. , 19 is The change and the work affected thereby Is subject to all contract stipulations and covenants. This Change Order w i I ( Increase) ( decrease) (not change) the contract sum by ._._..ey gn Thous nd ._._ - _ _ _ .. _ _ _ -QQ110Q Dol I ars ($._....._.2.j445.00 . Because the City was unable to obtain the necessary slope easements, Change Order No. 2 is needed to prov Ide for sl ope stab I I iz ati on, erosi on control , and guard rail. This change order T,s state aid e l i g i b l e , 1. 4-00 SY Te nsa r G eogr i d SS-1 TK DA Ma I n F1 l e Slope Reinforcement @ $5.00 _ $2,000900 2e 500 SY Wood Fiber Blanket @ $2.75/SY = $1 ,375.00 3* 350 LF 3-Cable Guard Rail @ $1.0.00 /LF = $3,500.00 4. 2 EA End Anchor Assembly @ $285.00 /EA = $ _7Q,00 Total Estimated Cost Change Order No. 2 $7,445900 Amount of Or i gi na.1 Contract Additions approved to date Deductions approved to date Contract amount to date Amount of this Change Order Revised Contract Amount (Nos, 1 $. ( Nos.._... _......__._.______ .._._ ..�..._ _.. S (Add) (Deduct). ( Not Changed) S Approved Q-.ITY OF MAPLEW,QQD,, MI N SOTA Ow ne,r By . Date Approve Contractor Y Date *Only copies needing signatures. TOL TZ , KING, DUV AL L, ANDERSON AND ASSOCIATES, INCORPORATED By d'-S-0 Larry . Boh rer, P. E. White - Owner* Pink - Contractor Blue - TK DA Yellow -- Field Goldenrod - Department Green -- TK DA Ma I n F1 l e ' RESOLUTION ' DIRECTING MODIFICATION` OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 88-14 and.has let a eonstruction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is`now necessary and expedient that said contract be modified and designated as Improvement Project 88-14 Change Order One. ' ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEW000, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing 'said Change Order One in the amount of $2,976.85. RESOLUTION DIRECTING MOD I F I CAT I OBI OF EXISTING CONSTRUCTION CONTRAC -r WHEREAS, -the City Council of Map 1 ewood , Mi nneeotzA has heretofore ordered made Improvement Project 88-14 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, a n d WHEREAS, it i now necessary and e:•: ped i ent that sa i d conteact he modified and designated as Improvement Project 88---14 Change Order Two NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPL.EWOOD , MINNESOTA that the mayor and city clerk are hereby author i s eel and directed to modify the existing contract by executing said Change Order Two in the amount of $7,445.00. . AGENDA ITEM . Action by CmoncilA. 'AGENDA REPORT Endorsed � . Modified.�~�~�� TO: City Manager . lReJected ~~~ FROM: Assistant City Engineer SUBJECT: Cope Avenue, Project 85-26--Change Order Two DATE: July 17, 1989 The attached change order for the Cope Avenue project is composed of two water main related changes. The hydrant at Cope and Germain was designed, approved, and staked on a lot line near the intersection in accordance with water utility policy. The water utility representative directed the contractor to set the hydrant at a different 1ocation to avoid proximity to an existing utility pIole. It would have been`more appropriate to have requested NSP to shift the pole, but the work was done by the contractor. This resulted in $400 additional work. The second item relates to the existing tower feed line perpendicular to Cope Avenue. The water utility requested that this line be excavated to verify depth of cover. In conjunction wih this work the existing hydrant was relocated to the high point of the road to serve as an air vent. The planned air vent could then be deleted. The savings of about $700 by deleting the air vent is not included in the change order amount of $1009.06. The deletion of the air vent will show up as a credit in the compensating change order to be processed at the time of ccmpletion of the project. BAI jw Attachment ' RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT .' WHEREAS, the City Council of Maplewood, Minnesota has ` heretofore ordered made Improvement Project 85~26 and has let a cbnstruction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 85-26 Change Order Two. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that'the mayor and city clerk are hereby authorized and directed to modify the existing contract by U executing *said Change Order Two in the amount of $1,409.06. CHANGE ORDER DEPARTMENT of PUBLIC WORKS MAPL.EWOOD , M I NNESOTA Project Name: Cope Avenue Change Order No.: 2 Project No.: 85 -26 Date: .Jul y 5, , 1989 Contractor: Brown and Cris, Inc. The following changes shall be made in the contract documents Unit Description Unit QUan t i ter Price Tot a l Hydrant Adjustment ( Invoice 5014, Daily Wore order 8038) Hr. 1 $400 $40C -) M 00 Ver i f y Water Location (Invoice 5014 , Daily Work order 8039 Hr. 2 $400 $80C-) , 0C.) Materials .x..:.09 M06 Contract Status Time Cost Original Contract: N . C . $376,635u38 Net Change of Prior Change Order No. 1 to No. 1: N . C . 239943,35 Change This Change Order: N . C . 1 , 409 a() 6 Revised Contract: N . C . 401,987,79 Approved ...... Mayor Approved ... Engineer Agreed to by Contractor by- Its r Title 4 & CRIS,INC. - BROWN brown East Frontage Road of 1 -35 & 19740 Kenrick Ave. t. Lakeville, MN 55044 cris inc. Phone 612 -469 -2121 Name City of Maplewood Engineering C/O Terry Address 18 -30 East Co. Rd. B City Maplewood, MN. 55109 PROJECT NAME Maplewood - Cope Ave INV 0 I G WE N 40) 5014 DATE 5 -2 -89 JOB NO. 746 ENGINEER City of Maplewood Engineer -Iii CONTRACT DATE PAGE 1 of 1 4 -24 -89 - Daily Work Order #8038 Extra time necessary to change hydrant at Cope & German 4k40 ,06 �2 hours full crew expense @ $400.00 per hour - 800-V-UO 4 -25 -89 - Daily Work Order 8039 Extra time & materials necessary for work done at the water tower 2 hours full crew expense @ $400.00 per hour - 800.00 Extra materials used - 209.06 TOTAL PAGE 1 $4-;tO 9. 06 TOTAL PAGE 2, , OTHER TERMS -- NET 10 DAYS A service charge of 11/2% per month (18% per annum) will be added to all past due invoices. SUBTOTAL Your prompt payment is greatly appreciated — Thank You. LESS % RETAINAGE frz{-Oq,D(p DISTRIBUTION: WHITE - Customer YELLOW - Job File PINK - Accounting ' 06 (Check One) EXTRA WORK ❑TIME and MATERIAL WORK Work ailyO der N° 8038 BROWN & CRIS, INC. Job Name Date ` a -y Job. No. 7 19740 KENRICK AVENUE LAKEVILLE, MN 55044 Location Engineer (612) 469 -2121 FAX 469 -2463 Job Conditions (Weather, etc.) Plan Sheet No.(s) Specifically Describe Work w Reason For Work — ❑ Omission From Plans & Specs ❑ Change In Design 0. Different Site Conditions Owners Request Check One(s) ❑ Other — Describe I Backhoe(s) Loader(s) Dozer(s) Scraper(s) Compactors Blade Low Boy Paver Dump Truck(s) Boom Truck Bob Cat Water Truck HOURS LABOR /NAME Supt. Frmn. Oper. Oper. Pplr. Labor nvuna I MATERIALS &SUBS REGULAR I PREMIUM 2� Comments - Sketches (NOTE —Do not duplicate work listed on T & M/ IMPORTANT This report to be turned in daily Extra Work Sheets with Re :Dail Work Orders. p 9 y ) METHOD OF PAYMENT -- (CHECK ONE) ❑ CHANGE ORDER ❑ UNIT PRICES ❑ OTHER Owners Rep. Brown & Cris, Inc. Rep. i DISTRIBUTION- WHITE - AC:(' i INTINn n;=PT CANARY - FC)RFMAN PINK - r)WNFRC PF:P QUANTITY (Check One) ❑ EXTRA WORK ❑TIME and MATERIAL WORK Work ailyO der N° 8039 BROWN & CRIS, INC. y- P.'s- No. 19740 KENRICK AVENUE Job Name Date Job. -!21/6 LAKEVILLE, MN 55044 A Location Engineer (612) 469 -2121 FAX 469 -2463 Job Conditions (Weather, etc.) Plan Sheet No-(s) Specifically Describe Work A,*- 14 M ev 'tnt—.enu &:o Reason For Work — ❑ Omission From Plans & Specs ❑ Change In Design ❑ Different Site Conditions ❑ Owners Request Check One(s) ❑ Other — Describe EQUIPMENT /NOS. HOURS LABOR /NAME HOURS MATERIALS & SUBS QUANTITY REGULAR PREMIUM Backhoe(s) Supt. 2 b Loader(s) Frmn. Dozer(s) Oper. Scraper(s) Oper. Compactors Pplr. Blade Labor �. Low Boy Paver Dump Truck(s) Boom Truck Bob.Cat Water Truck Comments - Sketches IMPORTANT This report to be turned in daily (NOTE —Do not duplicate work listed on T & M/ . -- - Extra Work Sheets with Reg.Daily Work Orders.) METHOD OF PAYMENT -- (CHECK ONE) ❑ CHANGE ORDER ❑ UNIT PRICES ❑ OTHER Owners Rep. Brown & Cris, Inc. Rep. DISTRIBUTION; WHITE - ACCOUNTING :DEPT. CANARY - FOREMAN - PINK OWNERS REP. _ _ - AGENDA Action by Council: AGENDA REPORT Endorsed.__. TO City Manager � Modif ied.�~--~� FROM: Assistant City Engineer , ReJemted�-�__~_ Date., SUBJECT: Pressure Reducing Valves, Project 89-09--Final Payment [kATE: July 18, 1989 The installation of all required individual pressure-reducing valves in the Linwood-Highwood area was completed by the end of June. Thb change of water service area was made successfully on July 17, 1989. The pressures available at the easterly developed ex±ent of Highwood Avenue increased from a substandard 25 psi to an acceptable 55 to 60 psi. It is recommended` that acceptance of the pressure reducing valves be made. A resolution is attached that authorizes release of retainage. BAI jc Attachment RESOLUTION ACCEPTANCE OF PROJECT � WHEREAS, the city engineer for the City of Maplewood has determined that Pressure-Reducing Valves, City Project 89-09, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 89-09 is complete and maintenance of these improvements is accepted by the city. ''Release of any retainage or escrow is hereby authorized. E - 7 Aot i on by C ouncl l : i Endorsed M o d i f i e d_ _.. �„�.,,....,.., Re J e ct ed�..,, }date MEMORANDUM T0: City Manager FROM: Staff Services Coordinator RE: EMPLOYEE ASSISTANCE PROGRAM DATE: July 17, 1989 INTRODUCTION The contract with T.E.A.M. (Total Employee Assistance Management) for the City's Employee Assistance Program expired on June 30, 1989. T.E.A.M. has proposed renewing the contract with the City at their current charge of $12.00 per year per employee. During the past year, 17 employees and 8 family members have used T.E.A.M.., for a total of 61 1/2 clinic hours. Only 10 people were referred to outside agencies for further assistance. R. RECOMMENDATION It is recommended that the City renew the contract with T.E.A.M. for one year at the rate of $12.00 per employee per year. GJ B : kaz _ AGENDA ITEM � /_- -' / Action by Counoilm AGENDA REPORT Endorsed— TO : City Manager Modif ied ReJ FROM: Public Works Coordinator ' low ��� SUBJECT: Award of Bid--Bituminous Overlay Project 89-14 DATE: July 17, 1989 Bids are being received for the above-noted project at 10 a.m. on Wednesday, July 19, 19894 Results of the bidding and a recommendation will be presented at the regular council meeting. ' WCC J w _. G - / Action by Council, Endorsed,...-__-� MEMORANDUM Modif iec-]-~-__~__� Rejected. TO: City Manager FROM: Director o+ Community Development SUBJECT: Code Amendment - Conditional Use Permits %]ATE: July 14, 1989 The City Council gave first reading to the attached ordinance on July 10 with the fol1owing changes: ' 1. Heliports have been deleted in section 36-437 as a conditional use in any district and have been added as conditional uses in BC, business commercial and M-1, light manufacturing zones. They have been added as permitted uses in M_2, heavy manufacturing zones. 2. Section 36-443(b) has been amended by adding items (15) and (16) concerning conditions to control the interior and exterior components of a building and to control potential noise generators. 3° Section 36-444 has been amended to increase the maximum time extension for starting the use or construction of a conditional use from six months to one year. Council asked about the ability of our computor system to keep records of conditional use permits by address. The new computor system purchased by the engineering department is a graphics system and does not have the capability to keep address records. The NCR computor system previously purchased by the City has this software, but property records from Ramsey County must be "dumped" into our system to create files for each parcel of land. This requires a special computor program. There is a dispute with the software company as to whether this program is included in the original contract. The former MIS Coordinator had been working on this problem, but it is still not resolved. If it is determined that this program is not part of the original contract, additional money will be needed to purchase it. RECOMMENDATION Approve the attached ordinance. MEMO4 Attachment: Ordinance ORDINANCE NOW AN ORDINANCE AMENDING THE ARTICLE ON CONDITIONAL USE PERMITS AND THE DEFINITION-OF "CONDITIONAL USE" The Maplewood City Council hereby ordains as follows: Section 1. The definition of "conditional use" in section 36-6 (definitions) is amended as follows (deletions are crossed out and additions are underlined): Conditional "Conditional " means a land-use or develo ment that would not be ap-propriate generally, but may tZe allowed with aperopriate conditions or restrictions as__Provided b-y official controls. A- use- reqtt+ ring -a-specie+ -use- er-specia+ Section 2. Section' 36-153 (2) , "Conditional uses in a BC, business commercial zone", is amended by adding line (g) as follows: Section 3. Section 36-187 (a), "Conditional uses in an M-1, light manufacturing district", is amended by adding line (6) as Section 4. Section 36-201, use regulations in an M-2, heavy manufacturing district, is amended by adding line (i) as followsx (i) Heliport Section 5. Article V. Conditional Use Permits is amended as follows (deletions are crossed out and additions are underlined) : ARTICLE V. CONDITIONAL USE PERMITS Sec. 36-436: Purpose.-ftftd-defim-itiom-. The purpose of a conditional use__permit is to- provide the Ci with some discretion_, ased on specific standards in determinin_9 the suitabil --- ity of conditional uses. The City is not obl i!gated to approve such uses 1 Sec. 36-437. Conditional Uses. Conditional use permits may be issued by the city council for the district +ollowin2 uses in any zoning permitted and not-speci 11 +ically -amy-e+-thc 1 blic utility, public service or public building uses.-'in 2.-S-.Mineral extraction.-+m-smy-d-istr+c+�n ' Hcf+port, library, community center, state-licensed day C are or treatment church, hospital , any institution of any educational, philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of the human dead. 4.-5rTAn off-street parking lot as a principal use in a commercial or industrial zoning district. 5,-& i-on of an apartment building for comnercial-etm bus-iness use., intended for the buildinR's. residents,. ch as medical or-a`" similar use. 6.-:?-.Planned unit developments (PUD). 7.-f3-.ConstrUCtion on an OUtl0t. Sec. 36-438. Planned unit developments generally; definition, purpose and intent; requirements; etc. (a) A "planned unit development" is a development having two (2) or more principal uses or structures on a single parcel of land of at least five (5) acres. A PUD may include townhouses, apartment projects involving more than one building, multi-use structures, such as a apartment building with retail shops at ground floor level , and similar projects. A PUD may not be divided unless the density distribution approved in the PUD is assured. (b) It is the intention of this section and the other sections of this division relating to planned unit developments to 2 provide a means to allow flexibility by substantial deviations-var+amees from the provisions of this chapter, including uses, setbacks, height and other regulations. variances may be granted for planned unit developments provided that: (1) Certain regulations contained in this chapter -din mot rw-za4-+st+ea+4-v apply to the proposed development ' because of the its unique nature.-ef-thc-proPoscd dzvz:Fuprmzmt'n (2) The PUD They would be consistent with the purposes of this chapter, (3) The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. (4) The d not constitute a threat to the property values, safety, health or general welfare of the owners or occupants of e,dz�aeent-er-nearby land,-MxI" be-detr~imemtei—to -the -_morfti-s -or-sNwftelm&f^ w^r�fare-of-�hc-�eoF,fz� (5) The deviations var^l-anecs are required for reasonable and practicable physical development and are not required solely, for financial reasons. (c) The development shall conform to the plan as filed with the city. Any substantive variat+ons-+rom the plan shall require a recommendation by the planning commission ' and approval by the city council after a public hearing. Sec. 36-439. Outlots, (a) No building permit shall be issued for construction upon any an outlot, except by conditional use permit. (b) The city council shall not grant s conditional use permit for building upon any outlot, unless said outlot meets the following conditions: ` (1) It meets the minimum size and frontage requirements provided for in this chapter. (2) It has the requisite public improvements. 3 (3) The permitted density under this Code has not been transferred to another parcel and is, therefore, sufficient to accommodate the -proposed construction. (4) The out lot is not used for permanent common open space. (5) The proposed construction can overcome or accommodate topographical problems and peculiar site character i st i cs . Sec .. 36-440 . App I i cat i, on V An application for a conditional use permit m, y be made_by-----any person having --- a-.le2-al interest in the -property described in the application. Al 1 a lications shall be submitted merle to the director of community development upon the form supplied by the city. The director shall not accep t an app_li cat ion that is not_ . com lete. Specific application requirements shall be as stated • on this form, but shall include at least the +ollow �iq.. information --if- a icabl e: 1. All information required on the COMMUnityd_esiSjn review board app 1 i cat ion 2a Written ------ j.u-sti+ication for any-PUD deviations.. 3ft An abstractor's certificate sh oar i-nS property owners' names and addresses within 350 feet of the boundaries of the property for which the permit is regUested. 4a An other information regUired b he director of community... development, the city- ,-council or the council's advisory. bodies. The applicant shall also, at the time of filing such application, pay a fee to the director of community development to defray administrative ex-penses incurred by the city in the handling of the app lic,at ion , which fee shall be established by the city council by ordinance from time to time The -ftrpr +-+Cat ion -for-& -eomd +tiomft 4--Use -proposed- -its -4-oc at m of -Ut ity - +Mprovememt-s --and - +Meffress -amd-esmess -+rem-pulnr 4-+e rerards-8 --The -Pi-ftm -she 4- -a Hbtt ii-d+MS-and -rem!rnq a ---- T-1wre -a prp I- +c ant-s1wra H--prrov +de -any -other -+n+orma t i arm requTred-by -the -C-+ty Nr5-.-S9S-SS-24-24-e-3* 4 (a) After an application has been submitted, the director of coommunity development shall prepare a report and recommen- dation and submit it to the planning commission and for a recommendation to the ztcouncil The pl-anning commission and COMMUni.ty desi2n review board shall take acti'on on the dates. unless an extension is approved in writin5 by the aj2p_1_ica..,nt. The sta++ report and the ' planning commission's and communi' desisn review board's recommendations enme-i SLaff-rcPurt shall then be forwarded to the city council. (z) The city council shall hold at least one public hearing on each application for a conditional use permit. hearing- shall not be held until the council has received written recommendations or-repgrts from the city sta++-.,-Plann commIssion and community desi- n review board or until 6C.) days -have elapsed from the respective hearing dat,;.. notice of the hearing has-becm published in the official newspaper at least ten (10) days before said hearing. The director city-eoLtmeii- shall also cause a notice to be mailed to each of the owners of property within three hundred fifty (350) feet of the boundary lines of the property upon which such use has been requested, which notices are to be mailed to the last known address of Such owners at least ten (10) days before the date of the hearing. Such notice shal 1 in.cl ude the date-.,-- time and place of the hearin-g.and shall describe the conditional � use reguest. Failure o+----property owners to receive notice shal 1 not invalidate any of the_____proceedin!3s in this section., (c) The council may refer the application back to the planning commission when the council finds that .-s[2eci+ ic-guest ions or -information that may -affect the final decision were not considered by the plannin.9 commission. This procedure shall only be used once for each a2plication. (d) The city council may-ap rove, amend or deny an application for a conditional use-- it by a.-.major,ity vote, (e) All decisions by_-the city council shall be final. e%.e,..cep_t days of the decision. aooeal to the countv district court. Sec" 36^~442" Standards. -Gmant +ns -;- if�-eend +t +ems --w 5 +--use -Perm jkt-by-ft *b+ -Approvet+-e+ - a-eomd+t+oms+ -use- perm+t-sh a++-be-based-upom-+-h e (a) A conditional use permit may--bea proved-- amended or denied based on the f ol 1 owin!R. standards +or app-roval-,, in addition t any standards for a speci+ic conditional use found in this chapter: (1) 49+ The use would she++ be located, designed, maintained, constructed and operated to be in conformity eompatib+e with the c - - ity IS comprehensive plan and Code of Ordinances. CHraractor--of--that- rerrirr (2) The use would not change the existing- or -p-lanned character of the surrounding area (3) 44+ The use would she++ not depreciate property values,, (4) -45+ The use would she++ not involve any- act ivi process_, materials, equipment or methods o+--operation that would be dangerous.L hazardous, detrimental or disturbing or Cause a nuisance to any--person or property, because of the-p resem t-amci -pot emt-i-ai- st.imroumd+ms-+emd-ttses-.e>-,-cessive noise, glare, smoke, dUSt, odor, fumes , water or air Pollution, drainage water run-o++, vibration, general unsightliness, electrical interference or other nuisances. (5) 46+ The use would she++ generate only minimal vehicular traffic on local streets and would she++ not create traffic congestion or unsafe access on- ex- ist in or -proposed streets. (6) 4-7+ The use would she++ be served by ad etc uate essemtis+ public +acilities and services, including such-&s streets, police and fire protection, drainage structures, water and sewer systems, schools and parks,. 6 (7)f�Theu� ��+n�c��e�ces��additi�al costs -- r����-��-pu���-���for public facilities or emd services. /8) *9+ The use would sha++ maximize the preservation of p"scrve and incorporate the site's natural and scenic features into the development design. (9) ���euse s��-c�se minimal �ve�e _-~- environmental effects. (10) f-k+* The city council may waive any of the above requirements for ay public building or utility ' structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. (b) The ap 1 icant shall have the burden o+ provinSI that the use would meet al I o+ the standards regUired +or _approval o+ a conditional use permit. The city-may-require that the .studies or expert testimony necessary to establ ish whether ' these standards would be met or to establish conditions +or approval Sec. 36-443. Conditions. (a)_*e+ The city council, in granting a conditional use permit, may such conditions and gUarantees as . may-be that it considers necessary, and as supported by the record o+ the proceedi-nSis, to protect adjacent proper-ties and the -pub-1 ic interest--,-- and to achieve ` objectives For-Lf.c ---rne (b) Conditions and guarantees may include, -but are not limited illumination and location o+ such uses. (2) Regulatin!a access to the --- property, with ___2articular re+erence to vehicle and-pedestrian sa+ety and convenience, --tra++ic control and emergency vehicle (3) Regulating off-street park.1 nd loading areas, includin!2 the number and width o-f-Park-ing spaces. 7 (4) The location and design of util ities, including drain C5) ' (7) Preserva.tion of the site"s natural -.--h-istoric and scenic (8) Limit he number s 7" location or 1 of signage, notwithstanding the provisions of Article III (sign ordinance) (9) The location. dimensions and upk-eep-of-o-penspace.- (10) Increasin-9 ------ reguired lot sizeyard dimensions or ' setback regUirements. (11) Compl iance with any plans --presented. (12) A time limit for review of the permit., (13) A written --agreement-, ash escrow, -letter of credit or other-guarantee to insure that the project will be built as a-12 roved. Restrictive covenants,... (15) Control of the interior and exterior comoonents of a building, provided that such condition does not include-, but not be limited to, the fascia materials and installation of elevators. (1-6) Control of _potential noise- generators. Sec. 36-444. Start of construction or use. *eH The proposed construction must be substantially started or the proposed use utilized within one year of council ' approval or the permit shall become null and void. The council may grant one . sTaxt—momth extension of the permit if just cause is shown. This requirement shall not apply to PUDs with an approved phasing plan' Such extension shall be requested in writing and filed with the director of community development at least thirty (30) days before the expiration of the original conditional use permit. There shall be no charge for filing such petition. The request for extension shall state facts showing a good 9 faith attempt to comp1ste or utilize the use permitted in the conditional use permit" tm-the -P:Fftr,rr-ims -Comm +ss f��rr~f��-� - - - Sec. 36-445. Permit duration. ' ' (a) +c* ATl conditional use permits sha1lbe reviewed bythe council within one year of the date of initial approval , unless such review is waived by council decision or ordinance. At the one-year ` review, the council may specify an indefinite term or specific term,,, not to exceed five (5) years, for subsequent reviews~ The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. (b) 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 conditions and is later allowed because of the city enacting or amending official controls shall be considered a legal nonconforming use. Sec.. 36-446. Permit termination,- suspension or revision., (a) *f+ The council may terminate the 'permit if the approved conditions may have been violated or the use is no longer in effect. Where the construction of a spcc+ef building or structure of a monetary value in excess of has been permitted, the council shall provide for a period of amortization of not less than five (5) years. Where public health, safety and welfare concerns are threatened, the five-year amortization period is not required and the council may determine the amortization period, if any, to be allowed. The property- owner of the property upon which the conditional use permit was issued shall be notified in writing--at - least ten days-before the meeting. If the proposed termination is based on a violation of conditions,. the property owners within 350 +eet--Shall also be notified. The director of community developm.e-nt may issue asto order for work in progress until the council hears the matter. (b) 49f' In the event the council in its review process. decides to consider imposing additional conditions,-��-tc���noL��n the city council shall hold at least one public hearing on that permit" -afLz�-oz-�ot��z-of th-e-h ear ims~hag -b-eem -pttbf+slated - +m-tlwre -of f +e+fti--mewsP&Pe�� fcast~tcn-*+9 The council shall a}-so cause a notice to be mailed to each of the owners of 9 Property within three hundred fifty (350) feet of the ' 'boundary 1ines of the property, upon which such use has been established; which notices are to be mailed to the last known address of such owners at l*Aast ten (10) days before the date of the hearing. Sec. 36-447. Reao *h+ Whenever an application for a conditional use permit has been coms+dere6-omd denied by the city council, a similar application effecting substantially the same property shall not be considered again by the city for at least one year from the date of its denial, unless the council directs such reconsideration by at least four (4) votes. of-scet+o -36-X6-oynd-aM y-ot her-app f+c:abfc-��d�r�exr,�c-uf w4ff-eonform-to-Lhz-rcq "+r^cmcnts-uf-th+s-scc.tiurr--t-he Th�-��ysf�i���L-shaff-be-f�abf�@-fo�-�hc-,c�s�-uf-thc Sec. 36-448. Conditional uses to conform to terms and conditions attached to granting of permit. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms and conditions of the permit" An` change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit +ssucd shall require an amended permit and all procedures shall apply as if a new permit were being issued. All uses existing at the time of adopt ion of this article yszrmft shall be considered as having a conditional use permit which contains conditions which permit the land use and structures as they existed on said date. and Any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for above. Sec. 36-449. 444 Records. The director of community development shall maintain a record of all conditional use permits issued, including information on the use, location, conditions imposed by the council, time limits, review dates and other information as may be appropriate. 10 Sec. 36-450.445Filing of permit,. A certified copy of any resolution approving a conditional use it shall be filed permi with the county recorder.or registrar of itl es. The resol ut ion shal I include the lega,l description property. does not ef+ect thevalidity-or enforceability of ther-permit" Secs, 36-451 ° Reserved. Section 6. This ordinance shall passage and publication. Passed by the Maplewood City Council City Clerk take ef+ect upon its on 11 Mayor , 1989. Planning Commission Minutes 6-19-89 Fiola, Fischer, Larson Sigmund i k Nays--Ax dahl VI. VISITOR PRESENTATIONS viie NEW BUSINESS A Code Amendment so- Garage Sizes Secretary Olson resented t staff report on the proposed changes o the or nance regulating garage sizes. The c.ommi s ioners d iscussed the history of this ordinance regu at garage sizes pertaining to the size of the hour nd the lot. Commissioner Larson mo led the Planning Commission recommend approval of t e ordinance regulating garage sizes., wi the a dition of Item (e) under Sec. 36-77 stat* g: "Col n 4 shall not exceed total above-gr de square f tage of I ivabl e f I oor space." Comm; ssione Cardinal seconded Ayes--Ax dahlvl Ayers 9 Barrett,, Cardinal ,j Fiola, Larson , S i gmund i k Nays--Fischer VIIIS UNFINISHED BUSINESS As Code Amendment: Conditional Use Permit The staff report was presented and discussed with the commissionerse Commissioner Ayers moved the Planning Commission recommend approval of the ordinance amending the article on conditional use permits and the definition of "conditional use" s Commissioner Cardinal seconded Ayes--Axdahlv Ayers . Barrett., Cardinal I Fiol a. Larson, Sigmund ik Nays--Fischer MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Variances and Variations DATE: July 14, 1989 �� (~r - =;, Aotiou by'Council: Endorsed. . Modif ied-~. Re1'eot Dat On July' 10, the Council asked for several examples of variances and variations. The City Council has considered four cases involving var~ nces or variances this yearn Variance only 1, On February 27, Council approved a 20-foot setback variance from the ordinary high water mark of Battle Creek for the construction of a single-family house on Crestview Drive. (See site p1 an on page 3.) A variance was required because the zoning chapter of City Code required a 50-foot setback from Battle Creek. Only 30 feet was proposed. A variation was not required because there was no violation of any of the requirements of the subdivision chapter of City Code. Variations 2!. On June 12, Co' two corner lots in Hazelwood Avenue. (Refer to the plat least 100 feet. A ' ordinance does not incil approved two lot frontage variations for the Hazelwood Heights plat on County_Road C and The lots were 92 and 87 feet wide respectively. on page 4.) The subdivision chapter requires at variance was not needed because the zoning require a wider width for a corner lot. Variations and Variances 3. On April 10, Council denied three variations for the Fish Creek Estates Plat, south of Fish Creek and west of Henry lane: (SeeiF the preliminary plat-on page 5.) an A variation to permit on-site sewage disppsal, rather than sanitary sewer. (The subdivision chapter requires sanitary sewer in all new streets. There is no such requirement in the zoning chapter.) b. A lot-frontage variation of 29 feet. One of the lots would have had only 31 feet of frontage. The subdivision chapter requires at least 60 feet. The zoning chapter does not require a front lot line width. It does require 75 feet at the building setback line. c. A lot width variance and variation of 43 feet for the above lot. This lot would have had only 32 feet of width at the building setback line. The zoning and subdivision chapters both require at least 75 feet of width at the building setback 1 ine, so both a variance and variation were required. ` 4, On June 26, Council approved two variations and two variances at 1255 Ripley Avenue (Alipertos) to split their property, creating a Substandard corner lot: (Refer 'to the site plan on . ' an A 26.3-foot lot-width variation from the subdivision ,chapter. 100 +eet is required. b,A1.7qcot lot-width variance from the z.oningchapter. ' 75-feet is required. ' Col. A 140-square-foot lot-area variance and variation from the zoning and subdivision chapters. Both chapters require ` 1(},000 square feet of area. The corner lot would only have 9,860 square feet. The City Council should also be aware that the proposed planning legislation being considered by the State Legislature would require variances, with one set of findings, for both zoning and subdivision codes. There was also some confusion at the last meeting regarding variations. Variations only apply when a proposal for a new subdivision does not meet a requirement of the subdivision chapter o+ City Code~ A variation cannot be applied for simply because the property is an existing platted lot. MEMO 12 Attachments: 1. Schlangen Variance 2" Hazelwood Heights Plat 3. Fish Creek Estates Plat 4. ' Aliperto site plan 5. Staff report of July 31 1989 F � 16 10 of • pie • Schlangen Variance SITE PLAN 3 Attachment 1 4 C. C+ am c+ rlhNL i i I on O;n 00 i0 O 2 HAZELWOOD IIEIGH'TS • 2 lot d (� OreMele OW any es#*M0Al6 we 8400% 04C 0 ' be" S fool It wwlA end •djob*kv W snot. ' %^seat elnerwMO k% ksl0( end 10 fool M *4M .. .. SCALE IM OUT *.f 0111 01 hl two- of. .07 ►•es W rw 141 Imes. Mb6$ ollwre4o0 she" as MN r»I • Denotes Iron Monument found O Denotes Moe Monument Set Beor"s thews we on on 08tUM44 detllrn MIDWEST Land Surveyors b Civil Engineers, lnC. ■ A bYl.• 1�� S( Cerrwr of K( 104� (IlOn•s0y C1: Cluj • Know All tore&^♦ 41y lh0s• rrOOOnl0 %toot Ed Cog* C sow•. Ins.. ••wlwnoseto Corporation. tee &arkor0 end Marsh *tor 11%010 41en% of A00owll l.. a wl•.nge0%0 corporation. wsrspor.0e. of st.o relieving described yrepart/ •lav•too to the Cltr of 140ple•0od. !.seer Cevn11. Minn000tos 1n• West S7& foot of She %&..lh 1)10 toot of %h4 90vth•oot M••rlor air the So..t�.••.t Wye•♦ at SOsslsw S. le•nohlo IS,. wowA• II. eacept t•.e Marsh 900 to wwd •seep% tree %loot le4 fast Of tfte SeVah 130 feet of I iw S•cslew I. To.n•hip l9. Atones St. A.04•y Co.•nsy. 94{nnoess0. 046wo sowed Ihs •o0• t► b• surverote pleated and known 00 NATELWOCO NEIIINTS and de hsrely cedltete to %#-a publio for pvuliw w e rare.er she reed. ••ewu0. curt. end serslne(o and uppity e•••"nte 0s _sheen on %#.a plot. Ed Cove Z Sens. ins.. • Ntwhssl• Copporetlon. ok►e gesso/ thee• pro*enae to be signed by Eta pre)ar offJs•r• this coy •f' Signed/ Ed Cove C lone. Ins. 2e0v61 S. Cogs. President Olan• C. Cove. secretary Mirth star Ito%• tank of nosovtlis. o ✓Inneest• Ceppopstion. toe• ceueed 1%eso &rose^%* to to signed Sr Ile proper of flaor and Its sciycrete •eel to to rnerovntw sf /1044 1`16 Coy of . %St. d one /t war%% t %or lists lank of f'ssevillo f.0. Ne.k►ns. Ylco /resll0nt tTATt Ct w11OWSOIA COUS41T Or AAt•S(T 114 taro? sing Inetrwent 008 ec %ncelel ;0/ "tape e• t►/• toy of lots by !swot s. Cove. Pr*61gor.s end by Olen* C. Cove. secretory at to Love r tore. Inc.. • ✓lnneast• Corporation. an %shelf at the e0r1.0realon. Mitory ►..�1 {t. 01•wOSy CO..n.y. ✓inneesta ✓y Lswaleoton [•?ire• STATE Of VIN60SOIA COuatY OP PA✓ttT The, rero ;s{np ln•%rwent sea es %ns•1•! =et teforo es Into !el at . 'too IF S. 0. Ne.tlwo. vice Proslte nt of 1:trth tier $%ot• tow% of A6600112e. 0 ✓1nns06le Cc►gcrettsn. on **half of the tsrptr0alNm. • Mal�r7 p..�l ice 06.007 C66•wt7. rinnwess• ✓y tows /sefwn %•giro• I. 11elney M, Melvopeans n•rety certify 14%01 1 he•e a ✓v0y•6 0^4 plotted the property deotrls6d In the ledlsellon of 1h10 ►let •o M6ItLV' :w MtISM!SS %-.0% ahlo plot t0 0 correct popra00nl•tlan of *sit oweveyt %hot all 41611e0%so0 ors tapr•etir •hewn on %%a &loll Shea all •ewuwonte "eve boon correctly p late In the grcund eo eoks•ni Sokol %he •wt0lco few•repy line* are cwrrettly Joel ;noted an aM jIOS1 end %•vre •r• no .olten:e. or vvllls h /'AOey• *%,"a* token 0. 01tvn th0reen. - Ace�sf N. Mst.crren. Le-c %-.-P Yap M {wrv.•ste f►�C1•aretlow Me. t :ill STATE Of 111MKSOTA COUNTY of The Surveyor's C•rtirlcste sea •uto•selbod end •.torn to beror••we. o Mesery P.ubllo. *hie coy at .• $Sat. Ketery fut'ltc. Ce..nty. ✓Inneeote ✓y Ceow /e •1 *n E0plr0e A&PrOV44 and ecs•P %ed by IM City Cowmtll of the City of Ms&leojst. Minnseotos this ��,• 403F or lots. . M07or . Clerk Toe** for the leer on land cescrlbed herein Pelle no dell6ymrent %saes and transfer entered. %hie der of i • Olrecsor !y Oeaysr OOpartsre?1t wf Property 7000tleft Pwreuwnt to Che'tew r. Minnesota Love of 1976* %$%t• plot he* %*on reviewed and oiproveds this Coy of . 19419. end ar.e concttl Ma of MinnseOS• S%4%ute0. SOS•tan SOi'.0 .J. Sulclvlotow J. heg• bean ful lilled. 1 s O•vt4 O. [l.yao wt. noOSOy Cow•ty Sw•veyor \ County nocerle,r', Cowaty or ne&soy. state w/ Mlwrmo•ose, 1. hereby certify lbot Into plot •♦ NAZELWOCO "Clsl s too• filed tw this afrlss 14%1 car or . tots. at ••clot% _,N. end see tiled in Seek of .lets. 0'0260 and eo Oosueient NO. Ply oea.,%y low McKenns, Co%nsy Retarder tool et Sall 114 0 SE 104 = Q 2 x A, Q 1 } 1 00 ` O� 00 1 O hM � 2 •� I i� 1 st► I tat► � w w • • • .� . - f. •'�• I �. M.i �\ \:4 1t :rig l s • \.. A• ttw Ceram of SZ u1 N SOIL 36 T Zt. A b S•. of SI 114 N $ot. i IIEIGH'TS • 2 lot d (� OreMele OW any es#*M0Al6 we 8400% 04C 0 ' be" S fool It wwlA end •djob*kv W snot. ' %^seat elnerwMO k% ksl0( end 10 fool M *4M .. .. SCALE IM OUT *.f 0111 01 hl two- of. .07 ►•es W rw 141 Imes. Mb6$ ollwre4o0 she" as MN r»I • Denotes Iron Monument found O Denotes Moe Monument Set Beor"s thews we on on 08tUM44 detllrn MIDWEST Land Surveyors b Civil Engineers, lnC. ■ A bYl.• 1�� S( Cerrwr of K( 104� (IlOn•s0y C1: Cluj • Know All tore&^♦ 41y lh0s• rrOOOnl0 %toot Ed Cog* C sow•. Ins.. ••wlwnoseto Corporation. tee &arkor0 end Marsh *tor 11%010 41en% of A00owll l.. a wl•.nge0%0 corporation. wsrspor.0e. of st.o relieving described yrepart/ •lav•too to the Cltr of 140ple•0od. !.seer Cevn11. Minn000tos 1n• West S7& foot of She %&..lh 1)10 toot of %h4 90vth•oot M••rlor air the So..t�.••.t Wye•♦ at SOsslsw S. le•nohlo IS,. wowA• II. eacept t•.e Marsh 900 to wwd •seep% tree %loot le4 fast Of tfte SeVah 130 feet of I iw S•cslew I. To.n•hip l9. Atones St. A.04•y Co.•nsy. 94{nnoess0. 046wo sowed Ihs •o0• t► b• surverote pleated and known 00 NATELWOCO NEIIINTS and de hsrely cedltete to %#-a publio for pvuliw w e rare.er she reed. ••ewu0. curt. end serslne(o and uppity e•••"nte 0s _sheen on %#.a plot. Ed Cove Z Sens. ins.. • Ntwhssl• Copporetlon. ok►e gesso/ thee• pro*enae to be signed by Eta pre)ar offJs•r• this coy •f' Signed/ Ed Cove C lone. Ins. 2e0v61 S. Cogs. President Olan• C. Cove. secretary Mirth star Ito%• tank of nosovtlis. o ✓Inneest• Ceppopstion. toe• ceueed 1%eso &rose^%* to to signed Sr Ile proper of flaor and Its sciycrete •eel to to rnerovntw sf /1044 1`16 Coy of . %St. d one /t war%% t %or lists lank of f'ssevillo f.0. Ne.k►ns. Ylco /resll0nt tTATt Ct w11OWSOIA COUS41T Or AAt•S(T 114 taro? sing Inetrwent 008 ec %ncelel ;0/ "tape e• t►/• toy of lots by !swot s. Cove. Pr*61gor.s end by Olen* C. Cove. secretory at to Love r tore. Inc.. • ✓lnneast• Corporation. an %shelf at the e0r1.0realon. Mitory ►..�1 {t. 01•wOSy CO..n.y. ✓inneesta ✓y Lswaleoton [•?ire• STATE Of VIN60SOIA COuatY OP PA✓ttT The, rero ;s{np ln•%rwent sea es %ns•1•! =et teforo es Into !el at . 'too IF S. 0. Ne.tlwo. vice Proslte nt of 1:trth tier $%ot• tow% of A6600112e. 0 ✓1nns06le Cc►gcrettsn. on **half of the tsrptr0alNm. • Mal�r7 p..�l ice 06.007 C66•wt7. rinnwess• ✓y tows /sefwn %•giro• I. 11elney M, Melvopeans n•rety certify 14%01 1 he•e a ✓v0y•6 0^4 plotted the property deotrls6d In the ledlsellon of 1h10 ►let •o M6ItLV' :w MtISM!SS %-.0% ahlo plot t0 0 correct popra00nl•tlan of *sit oweveyt %hot all 41611e0%so0 ors tapr•etir •hewn on %%a &loll Shea all •ewuwonte "eve boon correctly p late In the grcund eo eoks•ni Sokol %he •wt0lco few•repy line* are cwrrettly Joel ;noted an aM jIOS1 end %•vre •r• no .olten:e. or vvllls h /'AOey• *%,"a* token 0. 01tvn th0reen. - Ace�sf N. Mst.crren. Le-c %-.-P Yap M {wrv.•ste f►�C1•aretlow Me. t :ill STATE Of 111MKSOTA COUNTY of The Surveyor's C•rtirlcste sea •uto•selbod end •.torn to beror••we. o Mesery P.ubllo. *hie coy at .• $Sat. Ketery fut'ltc. Ce..nty. ✓Inneeote ✓y Ceow /e •1 *n E0plr0e A&PrOV44 and ecs•P %ed by IM City Cowmtll of the City of Ms&leojst. Minnseotos this ��,• 403F or lots. . M07or . Clerk Toe** for the leer on land cescrlbed herein Pelle no dell6ymrent %saes and transfer entered. %hie der of i • Olrecsor !y Oeaysr OOpartsre?1t wf Property 7000tleft Pwreuwnt to Che'tew r. Minnesota Love of 1976* %$%t• plot he* %*on reviewed and oiproveds this Coy of . 19419. end ar.e concttl Ma of MinnseOS• S%4%ute0. SOS•tan SOi'.0 .J. Sulclvlotow J. heg• bean ful lilled. 1 s O•vt4 O. [l.yao wt. noOSOy Cow•ty Sw•veyor \ County nocerle,r', Cowaty or ne&soy. state w/ Mlwrmo•ose, 1. hereby certify lbot Into plot •♦ NAZELWOCO "Clsl s too• filed tw this afrlss 14%1 car or . tots. at ••clot% _,N. end see tiled in Seek of .lets. 0'0260 and eo Oosueient NO. Ply oea.,%y low McKenns, Co%nsy Retarder t / � // wrs/ Alp ! t .111 � i,1 tt`,t�\ `� ,' ' 1 ► +, r1 ► ►►1 la : :�•� 1111 1 +1 11 1� `i, 11't \ ��.�/ i ; i; ' + t +�`� ►, ►l X. 1 1 1 1.11 ,- a, , • t r , I ,1 •y.r. 1 ,, - � F".; � 111 111 11 1 1 '/► 1 '.�f 1 {�11 tt � i t J/ 1 1 :; i s f I I l / ''• : d"; 1 �� I n t l 1 t IOR 1 t J 1 1 J l, :• , t +1 11 1, {1 / , \ ' / /+ !�111,1�11 t 1 1 1 t I ► � , I �r +•wt/M. w.0 ` i' ' + '' ►' 1, j ( 1 1 t 1 1 t ' t ► / ; 1 i >,+ouK plti I t l� I l l t 1 � / 1 //� , 1,,// � 1 1 ► 1 P P 1 1/ r / '�: :. /// / r, 1 1 I 1 I 1 11 : ;.ti•. JI JI to t 1i 1 ! / / / / Ii/ !1 1 a l / 1 �I 1 •/ 7-a-a- '01 A4! I,� 1 1 1 t •� \ . \ \ \� . �`• -_ / / // / / / / / / % •♦ le /,� ,' r i + ` _ 1 = _w.�.. .��.. �. r•"irr/ //i / 1 ' / / •• • 'op *00 ol .-•� //i U�\',`/ .�.�•� _ — 'I� / // I //, �•- ���- .�� +�\ •� \``` \ \� \ \\ to / /•— .. —rrr , // ol dlP door ol ol % —io—oo, Ile L6r 1 //, \ :.;:•::: / , 1.. / , 1 1 , 1 1 , .\� \ \ \ \\ \ \ ,off \\ 1 1 t 1 t t \ ..+ LOT 41 24 sk \ \\ \` \� �\ • \\ \� `\ �•�... / / •:: . I to V> ,, v•s. \ :: ria• I i 1 f \ \\ \ \ \\ \\ �` \ t 1 1 1 1 t \\ \ / \ 1 1 1 t lb 1 1 RAMSEY COUNTY OPEN SPACE FISH CREEK ESTATES PRELIMINARY PLAT • That Off Site Easements Must be Acquired :.::•..... Attachment 3 ��,.J .�� �.•r' ;, `�/ 1 ice' •,� v Y �I .t ,� i` r-- : `N.6SO4. '53 "E. 0 "'. ot r— ' . r-- do y• / `.' I 16 0.00 Plat �' ,,... -- 160.05 Meal.--• • • Pro o d ; •-• .66 - -• Drain -- - • �; p ,1 F ge �,....�� •._�, a U i i ... 6 39... semen �, -•- ; — mfr l.� . — �- •.- ••- ��..�•-•— ��- �- �- - -•—�— � ��. -r -� —� mow•.. ..� � ��- -�r���—�..��-- ����—�—�. —����— —� .. .. -s -.— .n�� i 1.5 zz ti iN N 33.66 �� ' • IN ) � V .ZVI O I "� ' CEO.• • Fw CO 0 I.� • 1 •.t f 1 r � • � ; tj r •tip Ilk '14 IExisting `' 2 - Story I o Stucco �, o •` ,: r I . Z, Pwellin CO 1255 JPrpleyAst. .., 33.66 0 . `•'j � r I r; 113.4 r �y ./ r � 60 5 • `� % Drainage � -- ..._� �, and q a6.34 -+- E.asernent - -- t 60.00 • --S.69 °41`40 "w. fZIPLEY Aliperto Variances and Variations 12.55 Ripley Av NUE SITE PLAN Attachment 4 TO: FROM: SUBJECT: DATE: MEMORANDW City Manager Director of Community Development Variances and Variations July 3, 1989 Variances and variations were discussed by the Council on June 22-. Council asked for an example of each and the advantages and disad`/antagee. The differences between a variance from Chapter 36in City Code on zoning and a variation from Chapter 30 on subdivisions are s»�plained in the attached memo of June 19. As an example, Chapter 30 on subdivisions requires that newly divided corner lots have 100 feet of width" Chapter 36 on zoning does not require 100 feet of width for~ a corner lot. Chapter 36 on zoninc.@ only requires a lot width of at l.east 75 feet at the building setback line. Therefore, a request to subdivide a corner lot with 85 feet of frontage would require a variation, but no variance. A request to subdivide a corner lot with 73 feet of frontage would require both a variance and a variation. The findings for a variance are more restrictive than findings for a variation. Therefore, it is more difficult to get approval of a variance. On the other hand, it is more difficult to deny a variation. Since the findings for a variance are mandated by state law, cannot be changed. Therefore, if Council wishes to make a change, Chapter 30 on subdivisions would have to be amended change the term "variation" to "variance" and require the findings for a variance. RECOMMENDATION Initiate a code amendment to Section 30-11 of City Code, substituting "variance" for "variation" and requiring the findings for a variance for both, jl 7 Attachment 5 they to MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Variances and Variations DATE: June 19, 1989 Council member Juker asked at the last meeting for an explanation of the difference between variances and variations from the Code. Both variances and variations are deviations from the requirements of the Code. A deviation from the zoning chapter is called a wariance. A deviation from the subdivision chapter is called a* variation. There are separate findings required to approve each one° The findings for a variance are determined by State law. Section 367.10, subdivision 6(2) of State law requires that the following findings be made before a variance to the zoning chapter can be granted: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting 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 hardship if reasonable u=e for the property exists under the terms of the ordinance. There are no findings required in State law to approve a variation from the subdivision chapter. In this case, findings are determined by City Code and are found in section 30-11� "The planning commission may recommend variations from the requirements of this chapter (subdivisions) in specific cases which, in its opinion, do not affect the general plan or the intent of this chapter. Such recommendations shall be communicated to the council in writing, substantiating the recommended variations. The council may approve variations from the requirements of this chapter in specific cases whicbv in its opinion, do not adversely a,+-fect 'the plan and spir~iet of tll--!Pis chapter." If Council finds the use of these two terms confusing, they should initiate a code amendment to change the word "variations" in section 30-11 to "variances". The difference in names is only important in drawing attention to the fact that different findings are required for each. As you can see from the above, the findings for a variation from the subdivision chapter are much Attachment 6 less stringent than for a variance from the zoning chapter. Council may wish to have one set of findings for~ both. In this _ case, they should initiate an amendment of section 30-11 to require the same findings for a variation from the subdivision chapter as are required for a variance from the zoning chapter. MEMO6 9 MEMORANDUM T0: Mayor and City Council FROM: City Manager RE: CITY HALL ADDITION PLANS DATE: July 17, 1984 Aotion by Council: Endorsed--.-.- . ,._.� Modif i ed ,..„ Rejecter__, Date INTRODUCTION Lisa Ross and Dean Johnson, T.K.D.A., will be present to review the final plans for the addition to City Hall with the Mayor and Council. DISCUSSION At the last meeting on this topic, the following project schedule was set: July 11 - C.D.R.B. Meeting July 20 - Review Final Plans With City Council July 25 - Drawings & Specifications Issued for Bidding August 22 - Bid Opening August 28 - Council Meeting - Contract Award There was also discussion on the Maple leaf behind the Council table. the audio visual equipment, type and cost of wallcovering as well as other items. Those costs have been reviewed and the estimates are attached. RECOMMENDATION It is recommended that the final plans and specifications be approved and T.K.D.A. be authorized to advertise for bids. MAM:1nb t T DA r"nt,rni 1 cV I J r'LANNtHS July 17, 1989. City of Ma p I ew ood 1830 E. County Road B Ma p I ew ood, NN 55109 Attn: Michael A. McGuire City Manager Re : Project .Brief Maplewood City Hal I Expansion TKDA Comm. too. 9424 Dear W o McGuire: TOLTZ, KING, DUVALL, ANDERSON nNn o_cnr..1ATGe 1K1t-r%0M^MATr-rt 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 -1893 612/292 -4400 FAX 612/292 -0083 As requested, we have prepared a -nd enclosed herewith a Project Project Pr o j ec t - B r i e f dat e d 7/20 / 89 wh i ch Includes a Status Summary ,. Description Phasing, Cos t E st i mare, Sch edu I e, Reduced Floor Plan and Site Plan. This i s for your Information and distribution to City Council members I n r e a rati on of P P our presentation at. the Council workshop on Thursday, July 20. In our opinion, formal action by Council Is required red on the fol towing: i • n eq g Is ARDr=i of Cam ntfi e Jan- Re t B rd "r Qr�� tQ.0. An-additional recommendation was added by the Board to include landscaping of the existing parking lot "Islands" In the project. A copy of the formal "wording" should be obtained from Tan Ekstrand. This additional work scope will. Increase the project budget, sl ightly extend the design period aid slightly Increase TKDA I s cost. 2' 1' " (only f different Y than the Previously, approved $735,0001.) The construction budget w I I I need to be rev I sed onl If t s a Y the. Counc i i adopts I I "recommendations" ons ,� by the Design Rev few Board as noted In item 1 above and /or the audio and visual allowance changes to I nc I u de Individual dais "counter monitors". 3. _AQ r ov a 1 -to acs Q ut....f -or b It Is anticipated this project design w i l l be completed for bidding I n two or three weeks. In regards_ to item 1 above, It is estimated an additional 00 20 $ 0 to $25,000 would be required for landscaping and Irrigation. ation. This g would also increase the design period by approximately one week and TKDA t s contract fee by $3,000. City of Map-1 ew ood Attn: Michael A. McGuire July 17, 1989 Pa ge 2 We hope this information and the attachments provides you, staff and Council with the information necessary for your decision -maki rig process. Sincerely, an A. oh n � n, A I A Project agar /Arch tteet DAJ : d h MAPLEWOOD CITY HALL EXPANSION TKDA COMM. NO. 9424 July 20, 1989 STATUS Design drawings and specifications are approximately 80% complete and expected to be available for bidding to two or three weeks. The project has been reviewed with the City Code official and Fire ,Marshal. The formal review and approval will take place upon 100% completion of the construction documents. The Community Design Review Board reviewed and approved with "recommendations" at their meeting of July 11. Their "recommendations" would increase the Project Budget and should be reviewed by the Council. With this exception, the project appears to be on budget. A few bid "deduct alternates" will be included on the Bid Form to provide the Council with some cost control measures at the time of award. DESCRIPTION The approximately 5,000 square foot building expansion will be constructed . of matching materials as practical. An 1800 square foot basement used exclusively for mechanical purposes Is included. The newly created "courtyard" will be landscaped with low maintenance material, will have a hard surface area suitable for gatherings of less than 50 and will be handicapped accessible (code required). The Council Chamber area Is being expanded to increase seating from approximately 70 to 86. The Council dais will be expanded for an additional five seats and one presentation point. Acoustical wall covering will be added to reduce reverberation under the lower callings and new floor carpet installed throughout. The office reconfiguration includes approximately 8,000 square feet of existing space. Construction materials In this area will be similar to existing and as much of the existing material and space will be salvaged as practical. Mechanical and electrical will also be modified in this area. The site improvements will include relandscaping around the expansion similar to what is existing, providing 23 new public parking spaces and 6 secured police parking spaces. If the Council so approves, the existing parking lot islands would be relandscaped and irrigated. Also if so approved, landscaping modifications at the erosion problem points around the existing building under the "roof valleys" would be redone to better control runoff and reduce erosion. O N cTRU 9[.I ION --M AS N It Is obvious the City must maintain operational status during the project and some sequencing of construction Is required* It Is proposed that Phase 1 would Include the construction of the building addition (5,000 square foot expansion)* Upon completion, City staff would rel ocate into the newly finished space while the existing space underwent reconfiguration as Phase 2. The Council Chambers improvements would be Phase 3 This could permit the Council to temporarily ut i I iz a the new, large conference room for meetings. The a I. ter na to would be to temporarily meet at another building during the construction. If this were done, the council chamber work could be done concurrent w i th Phase 2 thereby reducing the ov, era 1 1 co n str u ct i o n period and cost respectively.. The site work would also be done during Phase 2 or 3 . 1 . Building Expansion $ 475,000 Including 1800 SF basement 2. Reconfiguration of office space $ 155,000 Including some mechanical and electrical Improvements 3. Council Chamber Improvements $ 450000 4. Audio Visual Equipment $ 40,000 5e Site Improvements $ _.20 -1 SUBTOTAL $ 735,000 6. Add alternate for landscaping and irrigating the existing parking lot Islands .. 25,.90 TOTAL $ 760$0.00 PROJECT SCHEDULE MAPLEWOOD CITY HALL EXPANSION 1988 1989 A _ REVISED 6/9189 7/20/89 DEC. JAN.. FEB. MARCH APRIL MAY JUNE JULY AUG. SEPT. JUNE STUDY PRELIMINARY ' •�O ' DESIGN Q�' DESIGN OQ Q, DEVELOPMENT QQ �O FINAL CONSTRUCTION DOCUMENTS _.- PRINTING � GO BIDDING d Pcj. REVIEW & AWARD J� o m „_ w o CONSTRUCTION PHASE 1 (ADDITION) n~.. Q PHASE 2 (RECONFIGURATION) � Q PHASE 3 (COUNCIL CHAMBER) REVISED 6/9189 7/20/89 mammon Sol - - - - - - - - - - - - - --- - A,tT 0-ry VUMIC WOV-K6 r F511 1tj 1 11 A 4) r 0 41 IL 102 1 % L 1L To CAVVI tall" . . . ........ ----- --- — -------- (00 MINI rul Fq 4 recer-r Clem 3r9C. f dATY aZXK aZ=CAA- rAg-K6 4 WHK Wr rr4T1 FiLr. uukA A I I It f IF51 Co ----------- .. ..... --- - ------- 1047 t Ir 49 F0-4 1 T Ilion 110 f FMI 1O7 < f -113 i Ji i us r2111 7- nio 4+ CA TY CLZXY� rAdLK!5 6 U4. FA X6 PAtZKSy �. '' f,. /'thy. t7vfCY '�7 ' i ' —T ------- A .............. it , IL 517 d 406 coucryAV-52 r4 GA Rk . : COPY rjX11-1 IL 4W F-to y, - L11 ILO— L! % . .......... —. ---------- - -- li ......... --- .......... Zit) . .......... X Xe ............ .......... .... . . .............. X. ............ XXXX XX + .... --- ------ ----------- IF ......... ........................... to . ........................... a, .................. ....... .................. ------ N RECONFIGURATION 8000- S.F. - -------------------- EXPANSION ............. .. ...... .. 5000 SF 1w ........ ...... ... .... .... . ... ... .............. ... ......... . . . . .. .. . fe4o0l0cl DAt DESIGNED I HEREBY CERTWY THAT TM PLAN WAS PR"AMM IM WE Oft UND" WY ONUECT SUMRV"WON A840 THAT CITY OF MAPLEWOOD cowc Na fwv.ua OAAtiMN I AM A OMY RECUSTUMV P"OFIESSKMAL Ift" THE LAWS 4DF THI STATI OF OWOKISOTA TOLTZ. KNG. DWALL ANDERSON CITY HALL AM ASSC)CLATU *CORPORATED EXPANWOK RECONFIGURATION AND IMPROVEMENTS aRAtivs�G «a cmecl= NO. DATE sy. DESClbrTptt OF Itevisocas GATE W" ENGINEERS ARCHITECTS PLANNERS SAINT PAUL MINNESOTA 1830 E. COUN:t' 140AD 8 MAPLEWOOD, MINNESOTA 55109 a _- T 5 CD Zf u: <g z W v> 2 CC CD Y 0 a ' r �m Z� a� W 1 �1 1� 1� 1� t� 1� I W4 t cAz Lott_ { Ne%4 � ', _ = ,, /;�-- _Z� -• � � � - l4y?vk1. a• rzr f.16, ez"sru w r-4*1 9'x•'1 &-X-. nLL «-sn�u pecoew AZFI&, i 1 I% ; \ r�+►vftucr_14ewoxx_Rum- t "� ! 1,� —� �� ten► -if0.4 sz L���c�c -c'�•� t1 1 k, Pl ctcTry a{ M�tG+t 1iF�J 6t7. Tp E�C'J�_ btT t,fzx.w ww Gob Sat- . Z��- 11t1(y µ1 GtJ� i ice! -�iC� t� �, `-�. -ro c4zv,<� z_ C, :sue J ry l 1 -c, �NC,j� as �r'vmz,,, 4r-% ^— 1 i : I 1 1 11 �GJ+Effl-'T s� f iK�iilc.�s �R ¢t •I' ... _ _ ,o � �Lf- �c K-"Ako a µ6.1 P -VM404 l / ss j 1 pt 16 vtr . -- \ %SA.4y, C LDX �i � 1 / -- — ! , 1 1 � 1 ' le Ile 1 a _ DESIGNED oR�WN 1 HEREBY CERTIFY THAT TMS PLAN WAS PREPARED SY ME OR UNDER MY aRECT SUPERVtSK)k AND THAT I Au A lXXY REGMTERED L4w%^fT_- Net.+t=::::-T MDER THE LAWS of THE ST/LTE of 6UW4ESOTA ti n a O pn� � 13 0 n� CITY OF MAPLEWOOD - TOLTZ KING. DWACi.. ANDERSON CITY HALL � AND ASSOCIATES P40ORPORATED EXPANSIOK, RECONFIGURATION AND IMPROVEMENTS SITE, DRAINAGE & LANDSCAPING PLAN CODU. 0+0. REV. 140. DRAWWG l+0. { ��� �� � ', _ = ,, /;�-- _Z� -• � � � - \ \ \ \ + � � �/ —_ � 11 i ! 1,� —� �� ten► �� \ 1 l000l : I 1 1 11 �GJ+Effl-'T s� f iK�iilc.�s �R ¢t •I' ... _ _ ,o � �Lf- �c K-"Ako a µ6.1 P -VM404 l / ss j 1 pt 16 vtr . -- \ %SA.4y, C LDX �i � 1 / -- — ! , 1 1 � 1 ' le Ile 1 a _ DESIGNED oR�WN 1 HEREBY CERTIFY THAT TMS PLAN WAS PREPARED SY ME OR UNDER MY aRECT SUPERVtSK)k AND THAT I Au A lXXY REGMTERED L4w%^fT_- Net.+t=::::-T MDER THE LAWS of THE ST/LTE of 6UW4ESOTA ti n a O pn� � 13 0 n� CITY OF MAPLEWOOD - TOLTZ KING. DWACi.. ANDERSON CITY HALL � AND ASSOCIATES P40ORPORATED EXPANSIOK, RECONFIGURATION AND IMPROVEMENTS SITE, DRAINAGE & LANDSCAPING PLAN CODU. 0+0. REV. 140. DRAWWG l+0. TKDA TOLTZ, K ING DUVALL ANDER SO N AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 6121292 -4400 DATE / tGJ TO At � tACG-o 1%.. comm. fl 4 2 -oz 1 RE i CAI" GENTLEMEN: WE ARE SENDING IOU L ATTACHED i�3 Ui4DER SEPARATE; COVER VIA THE FO� LOWING ITEMS: i , i ! ' U SHOP DRAWINGS PRINTS PLANS '. SAMPLES L�] SPECIFICATIONS 1 i COPY OF LETTER — ' COPIES No, f D E S C R I P T I O N i THESE ARE TRANSMITTED AS CHECKED BELOW: U FOR APPROVAL � A'PPROV.ED AS SUBMITTED L.� RkSUBMiT COPIES FOR AQPz�O ".PAL OR YOUR USE LJ APPROVED AS NOTED SUBMIT _COPIES FOR DISTRIBUTION S REQUESTED RETURNED FOR CORRECTIONS U RETURN CORRECTED PRINTS ` LJ FOR REVIEW AND COMMENT REMARKS: S CL 44v__ IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE. TOLTI, KING, DUVALL, ANDERSON 1 Ids AND ASSOCIATES, INC. TOLTZ, KING, DUYALL., ANDERSON &ASSOCIATES, INC. COMM. NO .......1.....1.2 .... ..- COST ESTIMATE FOR � ...... �. ��C....._..: C. 1�_.. ��. 1 ................ ..........._.................._ SHEET........__.._ �..............._...._...... OF ............................... C c-, ............. 13Y ..... _ki.47 DATE TOLTZ. KING, DUYALL, ANDERSON ASSOCIATE S. INC. COMM. NO ......... ..1.��Y........0..�....,.. CAST ESTIMATE FOR ..._����. ......_. �. 1��._. ._��.�..._..._�ii�C1�l._c..... SHEET ............. �..................... ...OF.........�........._...... ....._ 5.. �. �,.. 2.. Y. 1.. �- 1.. �......._. G�GYv�I�� .�...........1_V�.p.Y.:C2 . N.."_` Q- .�.-�- 5 .............._....._... BY...._�.- . /.t`'- ......._......_....DATE .�/10%.� TOLTZ, KING. DUYALL, ANDERSON &ASSOCIATES. IN COMM. NO............................................................. '�A COST ESTIFfATE FOR .... SHEET .......... ._2 ............_..........OF....... .. .... ....... - - - -- -- - - - - -- -- -- - - - - - -- - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - -- - -- - - - - - - - - --- -- - --- - - - --- - - - -- - - - - -- -- -- -- -- --- - - -- -- - - -- - -- -- -- - - - --- -- - - -- - -- - - - - - -- -- -- �8 �o -- --- - -- -- - -- - ----- - - ---- TOLTZ. K(NG, DUVALL. ANDERSON 8c ASSOCIATES. IN Comm. F10..._��..��._�...L.,. -__. COST E S T i MA T E FOR .._.�C`�] �. G?. �. �til'_...._ �. 1.... T`- �.. ......�.�_� .................... SHEET ........ .......�....................... OF .............. }......._. .._....___�..I.SG.:......_��� ? �....._ ��. C...".... �^- A.:.`- �._..`. T. T_.._........._ ........................._...._....... ........._.........._.......... 6Y .._.......CJ... /....�......._.. ..DATE �..�Ili..f �i J LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE (612) 291 -1215 TELECOPIER (612) 222-4071 INCLUDING THE FORMER FIRM OF LEVITT, PALMER, BOWEN, ROTMAN & SHARE July 10, 1989 Mr. Geoff Olson planning Director City hall 1830 East County Road B Maplewood, MN 55109 Action by Council Endorsed Modified_... Re j ecte(i, Date Volunteers of America Care Centers of America Project Dear Geoff Attached is a resolution relating to the Volunteers of America Care Centers of Minnesota project. The resolution grants preliminary approval to the issuance of tax exempt revenue bond f.or the acquisition of the Maplewood Care facility and schedules a public hearing for August 28, 1989. It is proposed that the nursing home be acquired by Volunteers of America Care Centers of Minnesota from volunteers of America Care Facilities. The home would continue to be operated by Volunteers of America Care Facilities, the current operator. This bond issue is being undertaken because of the desire to refinance outstanding taxable indebtedness relating to Volunteers of America Health Care Facilities. Please call me should you have any questions. Very truly yours , i Mary L. Ippel MLl:rbe:014 Enclosures 2270 MN WORLD TRADE CENTER 2200 FIRST NATIONAL BANK BUILDING 2400 IDS CENTER SAINT PAUL, MINNESOTA 55101 SAINT PAUL, MINNESOTA 55101 MINNEAPOLIS, MINNESOTA 55402 (612) 291-1215 (612) 291 -1215 (612) 339-0661 562BB RESOLUTION RECITING A PROPOSAL FOR A NURSING -.HOME PROJECT; GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX EXEMPT REVENUE BONDS FOR SUCH PROJECT; AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Minnesota Statutes Chapter, 469.152 through 469.165 (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The Act further states that the welfare of the State of Minnesota further requires the provision of necessary medical and health care facilities to the end that adequate health care services be made available to the residents of the State at reasonable costs; (e) Factors necessitating the active promotion and development of such medical and health care facilities are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of medical and health care services required to meet the needs of the increased population; (d) The City Council of the City of Maplewood, Minnesota (the "City ") has received from Volunteers of America Care Centers of Minnesota, a nonprofit.corporation (the "Company ") a proposal that the City issue its tax - exempt revenue bonds (which may be in the form of a single note) (the "Bonds") pursuant to the Act .to f inance the acquisition of the Maplewood Care Facility currently located in the City and owned by Volunteers of America Care Facilities (the "Project "); (e) The City desires to facilitate the selective development of the community, retain and improve the tax base and,help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives; . (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the acquisition of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced; (g) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; and (h) Before proceeding with consideration of the request of the Company, it is necessary for the City to hold a public hearing on the proposal pursuant to Section 4.69.154, Subdivision 4 of the Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to (a) the proposal. of Company that the City undertake the Project pursuant to Chapter 469.152 through 469.165 of the Minnesota Statutes, consisting of the acquisition of the Project within the City suitable for the continued and increased operation of such facilities, and (b) the execution of a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Bonds in the total principal amount of approximately $4,300,000 to be issued pursuant to the Act to finance the acquisition, renovation and expansion of the Project. Said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Bonds; and the City hereby undertakes preliminarily to issue its Bonds in accordance with such terms and conditions. 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 2(d) of Section 469-153 o f the Act; that the Project furthers the 2 purposes stated in Section 469.152 of the Act; that the availability of the financing under the Act and wi.l 1. i ngness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project will be to help the City retain health care and nursing home facilities and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented.and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community. 3. In accordance with Subdivision 4 of Section 469.154 .of the Act, the City Clerk.of the City is hereby authorized and directed to cause public notice of a public hearing for the Project to be published in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing (August 28, 1989). in the form prepared ,by bond counsel which notice shall describe the general nature of the Project, estimate the principal amount of the Bonds to be issued to finance the Project, and establish as a date for such hearing a date which is acceptable to the City and the Company. The City Clerk is also hereby authorized and directed to prepare a draft of the proposed application to the - Minnesota Department of Trade and Economic Development for approval of the Project, and to cause such application to be available for inspection by the public at the City Hall from and after the publication of notice of the hearing. 4. The Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company. 5. Briggs and Morgan, Professional Association, acting as bond counsel, and Dougherty, Dawkins, Strand & Yost, investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for fl.nal approval. 3 6. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from . the Project or otherwise granted, to the City for this purpose The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment.thereof, nor shall the City be subject to any liability thereon. The holder of the.Bonds shall never have the right to compel any exercise of the taxing power of the City to.pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Bonds shall recite in substance that the Bonds including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or-statutory limitation. 7. In anticipation of the approval by the Project and the issuance of the Bonds to finance all or a. portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Bonds if and when delivered but otherwise without liability on the part of the City. Adopted by the City Council of the City of Maplewood, Minnesota, this 20th day of July, 1989. Attest: City Clerk An N, Mayor STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting City Clerk of the City of Maplewood, Minnesota, DO HERESY CERTIFY that I have compared the attached and foregoing - extract of minutes with the original thereof on file in my office, and that the same.is a full, true and complete transcript of the minutes of a meeting. of the . City Council of said City duly called and.held on the date therein indicated, - insofar as such minutes relate to a resolution giving preliminary approval to a project. WITNESS my hand and the seal.of said City this _ day of , 1989. (SEAL) 5 City Clerk 562BB RESOLUTION RECITING A PROPOSAL FOR A NURSING HOME PROJECT; GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX EXEMPT .REVENUE BONDS FOR SUCH PROJECT; AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Minnesota Statutes Chapter 469.152 through 469.165 (the "Act ") as found and determined by the legislature .is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce.to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The Act further states that the welfare of the State of Minnesota further requires the provision of necessary medical and health care facilities to the end that adequate health care services be made available to the residents of the State at reasonable costs; (c) Factors necessitating the active promotion and development of such medical and health care facilities are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of medical and health care services required to meet the needs of the increased population; (d) The City Council of the City of Maplewood, Minnesota (the "City" ) has received from Volunteers of America Care Centers of Minnesota, a nonprofit corporation (the "Company ") a proposal that the City issue its tax - exempt revenue bonds (which may be in the form of a single note) (the "Bonds") pursuant to the Act to finance the acquisition of the Maplewood Care Facility currently located in t he City and owned by Volunteers of America Care Facilities (the "Project "); (e) The City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide.the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives; (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the acquisition of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced; (g) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially f rom the Project; and (h)- Before proceeding with consideration of the request of the Company, it is necessary for the City to hold a public hearing on the proposal pursuant to Section 469.154, Subdivision 4 of the Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to (a) the proposal of Company that the City undertake the Project pursuant to Chapter 469.152 through 469,165 o f the Minnesota Statutes, consisting of the acquisition of the Project within the City suitable for the continued and increased operation of such facilities, and (b) the execution of a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so,as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Bonds in the total Principal amount of approximately $4,300,000 to be issued pursuant to the Act to finance the acquisition, renovation and expansion of the Project. Said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Bonds; and the City hereby undertakes preliminarily to issue its Bonds in accordance with such terms and conditions. 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 2(d) of Section 469.153 of the Act; that the Project furthers the 2 purposes stated in Section 469.15.2 of the Act; that the .availability of the financing under the Act and wi.11 i ngness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project will be to help the City retain health care and nursing home facilities and to provide the range of service and employment opportunities required by the population, to help prevent the movement'of talented and educated persons out of the state and to areas within the State where their sery ices may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community. 3. In.accordance with Subdivision 4 of Section 469.154 of the Act, the City Clerk of -the City is hereby authorized and directed to cause public notice of a public hearing for the Project to be published in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing (August 28, 1989), in the form prepared by bond counsel which notice shall describe the general nature of .the Project, estimate the principal amount of the Bonds to be issued to finance the Project, and establish as a date for such hearing a-date which is acceptable to the City and the Company. The City Clerk is also hereby authorized and directed to prepare a draft of the proposed application to the, Minnesota Department of Trade and Economic Development for approval of the Project, and to cause such application to be available for inspection by the public at the City Hall from and after the publication of notice of the hearing. 4. The Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company. 5. Briggs and Morgan, Professional Association, acting as bond counsel, and Dougherty, Dawkins, Strand & Yost, investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval. C 6. Nothing in this resolution or in the documents pre - p pursuant ursuant hereto shall authorize the expenditure of any municipal funds on the Project, other than the revenues derived from the Project or otherwise granted to the. City for this purpose, ose. The Bonds shall not constitute a charge, Lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment.,thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds shal.l.never have the right to compel any exercise of the taxing power of the City to pay.the outstanding principal on the Bonds,or the interest thereon, or to enforce payment thereof against any of the.City. The Bonds shall recite in substance ..property el that the Bonds including interest,thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meanin g of any constitutional or-statutory limitation. 7. In anticipation of the approval by the Project and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Bonds if and when delivered but otherwise without liability on the part of the City. Adopted by the City Council of the City of Maplewood, Minnesota, this 20th day of July, 1989 Mayor Attest: City Clerk n krA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I the undersigned, being the duly qualified and g , acting City Clerk of the City of Maplewood, Minnesota., DO HEREBY CERTIFY that I have com aced the attached and. foregoing extract of minutes with the original thereof on file i n my Office, and that the same is a full, true and complete transcript of the minutes of a .meeting. of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving preliminary approval.to a project WITNESS my hand and the seal of said City this day of , 1989. (SEAL) 5 City Clerk TO: FROM: """"�".. LOCATION: APPLICANT/OWNER: PROJECT TITLE: INTRODUCTION Action by Endorsed.- _ MEMORANDtJM _____~~ � ReJected City Manager er Thomas Ekstrand, Associate Planner Parking. Authorization and Code Interpretation 1872 Beam Avenue, Commercial Partners/Maplewood Audio King Addition to the Hirshfields Buildinc.3 July 13, 1989 SUMMARY I. The applicant is proposing to construct a 5,400-square-foot ' addition for Audio King onto the west end of the Hirshfield's building on Beam Avenue. A parking authorization for 23 fewer parking spaces is requested by the applicant. Code requires 159 spaces; 126 are proposed. 2. The applicant is also asking the City Council for an interpretation of the code to enable them to build this addition which would have a garage entrance on the rear wall. This garage door would be the access for three service bays within the addition. Staff has interpreted the code to classify the installation bays as a public garage. The BC (M) District does not allow public garages. The applicant is asking the City Council for a'more liberal interpretation of the code. BACKGROUND On July 11, 1989, the Community Design Review Board conditionally approved the site plan for this addition and recommended approval of the parking authorization. The Board also approved the building design plans, subject to the following conditions: 1. The City Council shall first authorize 23 +ewer parking spaces for this shopping center. 2. The City Council shall find that the proposed garage bay is an allowed use in a BC(M) District. 3. A revised drawing of the rear elevation shall be submitted to Staff for approval . CODE REQUIREMENTS Subsection 36-22 requires that commercial buildings provide one space for each 200 square feet of floor area, unless otherwise authorized by the City Council . Subsection 36-155 ( allows retail uses, but does not state that automobile equipment installation services are allowed. Subsection 36-155 (d) (5), Prohibited BC(M) Uses, prohibits "public garages." Subsection 36-155 (a), Intent of the BC(M) Zone, states that the BCW Distr.ict is intended to provide for the orderly transition between more intensive commercial uses and low or medium density residential areas. Restrictions -on, but not limited to, buil.d.ing height, setbacks, orientation, parking lot location, or location of building entrances may be required to ensure compatibility with abutting residential uses. DISCUSSION (parking author^zation and code interpretation) There is sufficient evidence to support the proposed parking authorization for the 23 fewer stalls. Data from the Institute of Transportation Engineers indicates that 127 spaces are the maximum needed for a shopping center such as this, based on the building's size. The applicant would be providing 136 spaces. Staff's observation of this site, furthermore, indicates that the existing number of parking stalls are only half used. Staff does not feel that the proposed garage facility falls within the code's intent for permitted uses in a BC(M) Zone. The intent of the BC(M) District is to provide a buffer~ of lower intensive commercial uses adjacent to residential distr°ict"�. Even though Audio King would not be doing mechanical repair of automobiles, the potential would be there for nuisances due to noise from automobile commotion, voices, radio testing and the installer's own radio/tape deck (a possibility). The appearance of a large overhead garage door would be less desirable to look at from an aesthetic point of view. It would also set am precedent for similar uses in the BC(M) District. If t.h.e City Council chooses to approve this facility, Staff would recommend that the garage door be pl aced on the west side of the building to protect the adjacent homeowners from any potential commotion as much as possible. The site and architectural plans should then be revised for Design Review Board approval. RECOMMENDATION 1. Interpret "public garage" in the BC(M) district to include the car stereo installation business praposed. fm~ the Audio King addition. If Council approves this use, require that the site and building design plans be revised for Board approval showing the garage door relocated to the west elevation. 2. If the City Council finds that`the proposed use is in compliance with zoning regulations, approve 126 parking spaces as proposed. 2 CITIZEN COMMENTS One of the homeowners behind this property had the following concerns regarding this project 1. Park- i ng- would be a nuisance. Merrill Lynch people are presently using the retail center's parking lot for overflow parking. The cars are "paced -in" in the evening when the karate c 1 ass is in progress. M 2 Access to the trash dUMpster behind the building is already .s:« difficult. The new parking stalls would make it even more d If iCUl t . Audio King's garage door would be up in the summer which would be a nuisance due to noise from radio testing, and the .i.nstal 1 er (people talking, the installer's radio being on, general commotion . ) Staff Comment: Staff drove by the Audio King on Hazelwood Avenue and Highway 36 m i d-af ternoon one weekday and found four of the five service -bay doom open and in use. The applicant stated that, on the proposed building, the overhead doom would not be kept open since the building would be air. conditioned,, 3 REFERENCE Site Description 1. Site size: 2"65 acres 2. Existing Land Use: Retail center Surrounding Land*Uses Northerly: Beam Avenue, and the Maplewood Mall Southerly: Single Dwellings Easterly: Sherwin Williame Westerly: Merrill Lynch Realty I. Land Use Plan designation: 2. Zoning: BC(M) LSC, Limited Service Commercial TEAUDIM3 Attachments 1. Location Mao 2. Property Line/Zoning Map 3. Site Plan Reduction , 4. Applicant's parking justification dated May 30, 1989 5. Applicant's Justification of use dated June 23, 1989 4 WHllt titNrr L�+nc a F,a (1) RR 'GH TS Co R 0 GALL tr LA; w ..: a WO ODLYNN AV W. v N FUR SS a oac C a YDIA v CTS AV �° cc S J ♦. , pP p�� = w cn — w y i 9 = 61 1 w PLO z _ ST ✓0 0�C U J u. a: a w N =� STAN( e hNS Z f- �'S ' '�� z MA PL- E MAP I LL 19 x ° BEAM 'L AV '�.... x MAPLE VIEW AV J RAOATZ rr AV °w LIL W A POND a (i a (2 I PRI VA rE srREEr z (MrSSABI AV) Q Y KOHLMAN AV KOHLMANv AV o NORTH SAINT cn z o co > Ro 23 -� F- 2 T29N,R22W _ N `� N ' W �A � �^ � Cr 1 0'-21 CT w c EDG EHILL RD ' Q N J w F=-- N _ z UL F- aw OEMONT AV ao N J 1) CON NOR AV g V BR00 U N ELE a a PJ £H AV SEXTANT XTAN T AV W (D a GERVAIS GERVAIS GERVAIS AV � Q Q Z CT GRANDVIEW AV Z � m VIKING D RREN AV ) Knuckle Head Lake COPE �,� 1 CT COPE AV • 64 aJ N AV w N N� N N N U Q N U. LA RIE RD LAl1RIE Q Q R Y W U w ac t U _ 2 z SAND- HURST Cr z AV z = U a ' 25 R 0 (D Q �- z Y CO > RD Ay ►- U BV . 9U RKE o AV N�G� RAE AV 0 S� . m ELORIOG E AV 3 �~ - 'n f-, , A A w RECREAr/ AV ISKILLMANJ AV �. ARRIS Ay D QQ� N ROSL o, AV / RY- N a S` , NORTH SAINT N N w to LOCATION MAP - 5 Attachment 1 87s � 1 N O 1 � SIZA '6588. 569.03 - _• ..�: 1 �• -- or ivcv .1 - - • T29.03- - - - • • : - - Q/3 T. couRT _*ire b, �? k.. t N F11- t No. 37.9/60 /q. 1`- • SEE UNIS IBM ID c.,. 11 4 36TG �� •o w N AZ � �' ,RIE ?AK[M. FOR BEAM AVC. 1 Cr- FlLrK ~i -7'5140 S -R•'71 1 100' IOp' fo0' ''too, 100' - -� 1*S5,`� _ 95.E To • ��� ► - �' 7b • ' IL DwaA2odf3'l0 .�� O-C, . ► 78 • ^o !E 3g� .8 4 ac. a F,p 5° �5 • 2.21 44. ,h gZ Gza `�^ Goso '° °� y�5 s,� o `t , . + n �� r4�rCr o 3 j i ` 3 C. Nl ... 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WA�.yc�,, i a- _•..i,•..��.�^F' -,�� ��_�� -.�i - NtA"T:z'R+hW . E�TG. Air . �.•` `' ; -1 `x\ \ , rw,r-u Cox 3' a �nN� ! i.' �\ \ \�'� •pR0�P4SE0- ADDITION' �, � you -+�, .�-- -y ( r ♦ X s7r�' ,�, � ' ;�.,� •.,�. ;(shown_ shaded); ' l :.. � � '` \ �•.. I 40 Ir if TO A4- L CLAk4llll4C2 WAIINK 8 � \ \•` \ • -�� 1RR +W+.'f+pN �tf"SiZM 1 \!'•r.' \ \\�� ` E TO EM T U6 imimm. 7 CARS �` • EMFLOTtg (PE -KrNd i %inn o GP1JCMtIV l 7tHvlt;E HuNv 1 350' BEAM AVENUE: SITE PLAN 7 r 1 ` 7 Attachment 3 N The Robert Larsen Partners May 30, 1989 Mr. Tom Ekstrand City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 RE: Variance.Request Maplewood Shopping Center Maplewood, Minnesota Dear Mr, Ekstrand: We respectfully request a parking variance of 22 parking stalls at the above mentioned Shopping Center. The Shopping Center, with the proposed expansion, would. require 159 parking stalls. We have placed 137 on the site plan. . We are requesting a variance becauses of the nature of our existing tenants and proposed new tenant are low traffic generators. We counted cars in the parking lot on four consecutive days from Tuesday, ..May 23, 1989 to Friday May 26, 1989. The following are the car counts: Tuesday Wednesday Thursday Friday May 23rd May, 24th May 25th. .■r■i�r ■ c ■..■..rs Maw iu■ -26th ..rr_awnn e r rr 12:00 37 35 40 39 4:00 p.m. 40 37 32. 27 6 :00 p.m. 42 49 45 Y Zf:6 Given the numbers and given the long term leases on the ancho-r tenants, we do not envision a parking problem at this Center. Please call if you have any_ questions or need any additional information. S' cerQly, . W. Christopher Galle Project Director WCG:kjg 734 Second Avenue South - Suite 415 - � lI'llI101P011s, Nlltliwso to >)4O ) (612) .371 -0421 I'lix: 6121-371-00-1 8 Attachment 4 6 1989 The Robert Larsen Partners June 23, 1989 Mr. Tom Ekstrand Associate Planner City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Tom: Per our telephone conversation, it is our opinion that the installation area provided within the future Audio King space at the Maplewood Shopping Center does not fall under the area of a Public Garage and Motor Fuel Stat,Ton. Under the City's BC(M) Commercial District - Section b(6), the use regulations, the City Council may approve any use of the same general character as a per- mitted, provided that the use is not noxious or hazardous . The Installation Center designed by Audio King is a complementary use to the retail sales of car stereo systems from the store. No mechanical work, other than the i.nstaliation of the stereos will be done within the premises. There will be no flamable orhazardous materials on the site at any time. Only Audio King customers will be able to utilize this service. Further, we, as Landlords, will agree, in writing, that in the event Audio King leaves the property, we will not replace them with any automotive service type tenant. Tom, for your information, many of the electronic type stores such as Highland and Best Buy have installation centers within the building. Examples would include, Highland Superstores in Edina, Ri dgedal e , Har Mar. Mall and West St. Paul (Robert Street) and Best Buy's store in Maplewood and Bloomington. I hope that this information is useful and as always, if you have any questions or require any additional information, please don't hesitate to give me a call. Sinc y, ly oran Partner KJD: kj g CC: Chris Galle 730 Second Avenue South -Suite 415 - Minneapolis, Minnesota 55402 (612) 371 -0424 Fax: 612 - 371 -0634 9 Attachment 5 MEMORANDUM TO: City Manager FROM:. Director of Community Development SUBJECT: Metropolitan Council Planning Loan DATE: ' July 17, 1989 INTRODUCTION // -_ // Action by Co=oil ** 'Endorsed-~~�.~�~�� e'rl_~~�~_�__ Rejectea Date The 'Metropolitan Council will make no-interest loansto cities for work on their comprehensive plansofupto75%o+ the cost forup to three years, Money has already been budgeted by Maplewood and work started on an update of the City's plan. Paying for this work with a no-interest loan will allow the City to invest it's budgeted money or use it for additional work on the plan that was not included in the original contract. The original contract was basically just an editing and updating job. Comments at our joint work session on June 29 and later comments from Council members indicate an interest in more extensive changes. 1. Approve the attached resolution transmitting the attached application for a $14,985 planning assistance loan from the Metropolitan Council. 2. Approve a budget transfer of $100 from the contingency account to pay for the loan application fee. MEMO 14 Attachments: 1. Resolution 2. Loan application RESOLUTION Whereas,, the Metropolitan Council has recently issued a new system statement for the City of Maplewood; and Whereas, the City of Maplewood'/ Comprehensive Plan is not consis ''tent with this statement and needs updating; and Whereas, the cost of this,upd' ting is an eligiblee cost for a loca1 planning assistance loan; Now' therefore, be it resolved by the Maplewood City Council that the attached application for a local planning assistance loan be forwa'rded to the Metropolitan Council. 2 Attachment 1 APPENDIX A 1988 -90 APPLICATION FOR LOCAL PLANNING ASSISTANCE LOAN 1. Name of Community - -- C _ � o�! a {v 2. Name of Local Contact Person �co� '01So4 Address / 0 3 0 �E• 3 /E'Iti �c ood Ci / i�4 f i►2.�n �,✓Gd f. �N ssia 9 Telephone 77c- ySGZ 3. Description of Proposed Project 0rJ,,J,, J 4. Relationship of Proposed Project to Funding Criteria (refer to Section VI in the Guidelines) Ali rs Ve'J w+c d s crJ �e r; on � . A . T%t C/ Y 's Co.•,��c �ien.s�de P��. r►,,vsi' be v a%ficf fa J0 I„ C���i���►�.� -w�.� 7��i� sysT"e.•is y y � � 5. Work Program Outline on a separate sheet the major tasks that must be undertaken to complete the proposed project and the costs for each task. 6. Completion Date Estimated completion date of the work program 1'e4rtvn✓-V 7. Other Financial Assistance List amounts and sources of financial assistance other than this loan program that will be used toward work program costs. 61`iY Fwn4 , 8 Loan Requested $ NOTE: Total loan amount may not exceed 75 percent of the total cost of the work program, 9. Attach a copy of the resolution by the governing body transmitting this application, Please submit to: Lucy Thompson, Community Assistance Planner 300 Metro Square Building St . Paul, MN 55101 A filing fee must accompany this application. The fee is $100.00 for loan amounts of $15,000 or less. For loan amounts over $15,000, the fee is $150.00. The filing fee is non - refundable. LT087A /PHDEV2 we 3 Attachment 2 -Pb L MAPLEWOOD COMPREHENSIVE PLAN UPDATE BUDGET Hours by Employee Classification Senior Graphic Task Pro. Tech. Typist Cost Base Map* Meeting 8 16 $ 960 240 tannin Framework Goals P 9 4 4 1 262 Population Forecast L • and Use Plan Implementation Plan � p 24 4 19528 Housing ousin Plan. 70 � 8 8 16 49376 832 Sewers Plan _ Parks Plan 64 24 8 49736 Community. Facilities y 24 8 1 1,.616 142 Sidewalks Plan 2 Meetings 24 19440 Staff Commissions /Council 20 19200 Revisions Copying R py 8 4 16 32 4 1,048 1,200 Cover Design and Printing Totals 264 88 50 $19,580 Hourly Rates $60 $30 $22 Total Labor Cost $15,840 $2,640 $1,100 $19,580 Direct Expenses p 400 NOT -TO- EXCEED COST $1999.80 - AGENDA REPORT T0: Mayor and City Council FROM: City Manager �� 62.- ��s.....c_ RE: RULES OF PROCEDURE DATE: July 17, 1989 INTRODUCTION AGENDA N0. /7/ Action by Council. Endorsed Modified ReJected�. Date At the March 27, 1989 Council Meeting, the Rules of Procedure were amended to allow for the Thursday /Monday night meeting format. DISCUSSION Recently there has been discussion that a different format should be tried. In order to change the meeting days, the Rules of Procedure need to be amended. At the July 17, 1989 Council/Manager Workshop, discussion centered on continuing with the 2nd and 4th Monday night meeting and then meeting the Thursday following the Monday meeting if necessary. RECOMMENDATION Amend the by -laws as attached, which changes the Thursday meeting to the one following the Monday night meeting. MAM:Inb GP 14 C. 10 E. SECTION 1: MEETINGS Re ular The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 p.m., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Thursday, not a holiday. In addition, the Council shall meet at 4:30 p.m. on the Thursday '-n following the second and fourth Mondays. These meetings may be cancelled V by the City Council or City Manager if warranted. Special The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty -four (24) hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve (12) hours before the meeting time. Except for trivial matters, business transacted at a special meeting shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Place All meetings shall be held in the Council Chambers of the Maplewood City Municipal Building unless there is a published notice designating another location. Presiding Officers The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Council members shall elect one of their number as temporary chairperson. uorum Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may convene from time to time. - 1 - F. G. [I Order of Business At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his /her absence by the Acting Mayor, or in the absence of both, by the City Clerk. lha r-, aw'- chnl' and l tha wall , n„ +n tha 111%0 LT T� T'O'T'i'T T Q'ZC -"c7� In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum, the Council shall proceed to business which shall be conducted in the fie- i. established order Curfew No additional agenda item will be discussed after 10:30 p.m. Meetings adjourned under this policy will be continued to the next Thursday's meeting at 4:30 p.m. The continued meeting will begin at the point on the agenda where the adjournment occurred. No new items will be added to the continued meeting agenda. First Regular At the first regular Council meeting in January of each shall (1) designate the official newspaper, (2) choose a rotating basis from the membership of the Council whc duties of the Mayor during the disability or absence of review the Rules of Procedure of the City Council and changes if such changes are desired. - 2 - year, the Council an Act i ng Mayor on o shall perform the the Mayor, and (3) make any necessary C. Every ordinance, other than emergency ordinances, shall have two public readings as provided in Subsection (B) of this Section, and at least fourteen (14) days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. D. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a roll call vote of at least four (4) members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in three conspicuous places in the City, and twenty -four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, persons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. SECTION 11: CONDUCT OF CITY EMPLOYEES A. The City Manager may take part in the discussions of the City Council and may recommend to the Council such measures as he /she may deem necessary for the welfare of the people and efficient administration of the affairs of the City. The City Manager shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereof; however, it is recognized that the City Council is the policy - making body for the City and the City Manager shall confine his /her discussion at Council meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. B. No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer questions directed to such employee, or to present factual information. C. The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee, when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof. SECTION 12: WAIVER By majority vote of all Council members, these rules may be waived. SECTION 13: ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Action by CoUnj Endorse d.��, Modifi ed,...,_.___. ReJ eeted'�- Date �4 Agenda Number Copies of the Proposed 1990 Budget have been distributed to the City Council and Department Heads. Attached is a copy of the letter of transmittal from the budget document. CITY OF M.ApL.EW . 00D 1830 E. COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 JULY 14, 1989 MAYOR AND CITY COUNCIL MAPLEWOOD, MINNESOTA Honorable Mayor and Council Members: The Proposed Budget for the City of Maplewood for the fiscal year beginning January 1, 1990 is submitted herewith. The document is in the same format as the 1989 Budget which received the Award for Distinguished Budget Presentation from the Government Finance Officers Association of the United States and Canada. It is hoped that the format of this document and the information contained within it will clearly communicate the City's 1990 financial plans and provide an operations guide for all City departments. The Budget is divided into three sections: Operations, Capital Improvements, and Debt Service. Within each section, the basic components are funds and each fund has its. own set of revenue and expenditure accounts. BUDGET SUMMARY The major objectives of the 1990 Budget are listed i n Part II. The most significant ones involve increased staffing in the Public Safety and General Government Departments and implementation of the first year of the 1990 -1994 Capital Improvement Plan. The City's total tax levy for 1990 is $5,198,430, which is a 3.8% increase over 1989. This small increase should make City property taxes compare more favorably with other cities in the St. Paul- Minneapolis area. 1 -4 As in past years, the state levy limit law was an important factor in preparation of the 1990 Budget. During the 1988 session of the state legislature, more restrictive provisions of the previous levy limit law were adopted for 1990. These new provisions decrease the levy limit i of l at i on adjustment from 4% for 1989 to 3% for 1990. The City's property tax levy for 1989 was at the maximum amount allowed for. the first time. In 1990, the City's property tax levy will also be at the.maximum amount allowed. The tax bill passed by the 1989 session of the state legislature contained a provision to reduce the levy limit adjustment for population growth. However, the governor vetoed the 1989 tax bill because it did not include major reforms. A special session of the legislature may be held later this year if the governor and legislative 1 eaders can agree on a new tax bill. Revenues and expenditures for the 1990 Budget as a whole changed significantly over the 1989 Budget due to increases in the Capital Improvements Budget. The following is a breakdown by budget section. Operations Capital Improvements Debt Service Totals Revenues Amount Change $14,4121420 + 10.2% 41900,510 + 98.4 2,422,400 + 10.9 $21,735,330 + 22.6% Expenditures Amount Change. $14,121,180 + 9.'2% 15,0811230 + 111.8 3,478,080 - 1.6 $ + 38.6% The difference between total revenues and expenditures will be financed by the use of surplus fund balances and bond issues. OPERATING BURET This portion of the budget covers basic City services such as police, fire fighting, street maintenance, recreation programs, park maintenance, planning, building inspections and utility maintenance. The expenditures for the funds within this portion of the budget are grouped by department and subdivided into divisions for each department. Budget performance is measured by the percentage of budgeted expenditures that are spent and the amount of Council approved transfers needed from the contingency account within each fund. Operating budget revenues for 1990 are $1,333,300 and 10.2% greater than 1989. Major increases are in property taxes ($1.89,110), intergovernmental revenue ($227,920) and charges for services ($802,450). An increases in the recycling grant accounts for the increase in intergovernmental revenue. Increases will be needed in both water and sewer utility rates in 1990. Water utility rates (i.e., hydrant rental charges) will have to be increased by 9.4% to provide the revenues needed to finance water system operations and future unassessed water system improvements. This rate change will cause the rate for a single - family home to increase by $1.20 per year. Sewer utility rates will have to be increased 11.0% primarily to finance Metro Waste Control charges for sewage treatment. These costs account for 66% of the City's Sewer Fund expenses for 1990. The increase in utility rates will cost an additional $12.40 per year for a homeowner. 1 -5 Operating Budget expenditures for 1990 are $1,195,340 and 9.2% greater than 1989. The recycling program accounts p g g p for $281,000 of the increase and the higher sewage treatment costs account for $159,000 of the increase. An additional $451,000 of the increase is in the personal services category for (a) cost -of- living and step increases to current employees, two new full-time -time em l oyees and (c) one new part -time employee. New full-time positions p consist of a receptionist and CSO/ Paramedic Officer (authorized in May, 1989). The new part -time position is a CSO Paramedic officer which was eliminated in May, 1989 when the two half -time CSO /Paramedics were replaced with one full -time person. Other increases in the Operating Budget are due to inflation adjustments. CAPITAL IMPROVEMENTS BUDGET This portion of the budget covers the acquisition and construction of major facilities other than those financed b y the Sewer Fund within the Operating Budget. The reven.ues and expenditures within the Capital Improvements Budget are grouped by fund. The money within each fund is restricted for use to acquire and construct only major facilities, Al 1 other capital outlay is financed within the Operating Budget, The 1990 Budget implements-the first year of the 1990 -1994 Capital Improvement Plan adopted by the City Council in July, 1989. There is a large change in the 1990 Budget due to a $7,116,000 increase in anticipated costs for public improvement projects. Revenues for 1990 in the Capital Improvements Budget are $2,430,020 and 98.4% more than 1989. This large increase is caused by an anticipated increase of street construction state aid in 1990. Major revenue sources for the 1990 Capital Improvements Budget are intergovernmental revenue ($4,127,720), property taxes ($348,210) and interest on investments ($190,510). Capital Improvements Budget expenditures planned for 1990 include public improvement projects ($12,950,000), City Hall addition (x385,000), park development ($1,343,500) and traffic signals ($190,000). None of these items will have a significant impact on operations or operating costs. Total 1990 expenditures are $7,959,840 more than 1989. DEBT SERVICE BUDGET This portion of the budget covers the payment of principal and interest on the City's bonded indebtedness. Each bond issue has a separate debt service sinking fund. Revenues for 1990 are 11% g reater than 1989 due to certification of new special assessments. Major revenue sources, as in past years, are special assessments ($1,145,610), property taxes ($773,920) and interest on investments ($368)040). Expenditures for 1990 are $57,920 and 1.6% less than 1989. The decrease is caused by lower scheduled principal and interest ayments on bond issues. General obligation bonds totaling $8,800,000 are anticipated to be sold in p o 1990. At the end of 1990 bonds payable will be $28,826,0.00 which is 28.3/o higher than at the end of 1989. 1 -6 FUTURE PROSPECTS The City as experienced slow steady population growth since 1980. Average annual population increases have been 1.1% y � P o population growth will continue at the and the City's current population estimate is 29,305. It is anticipated that p p g same rate for the next several years. Operating Budget increases in the future will continue to exceed the inflation rate because of population growth. • - Capital Improvement Plan the Capital Budget will decrease from $20 million in Based on projections �n the 1990 1994 Capp a p � P $6.7 1990 to million in 1991. The amounts projected for 1992 -1994 are $2.3 to $8.9 million. A major factor affecting future capital g ital bud ets will be the possible construction of a $13 million community center in 1991 -1992. New bond issues to finance the 1990 -1994 Capital Improvement Plan total $24,253,000. Of this amount, $8,800,000 is included in the 1990 Budget, CONCLUSION Conserving the financial resources of the City continues to be very important. The budgeting function is the prime tool you have to make sure that the City's limited resources are wisely utilized. We continue with-the objectives of making Maplewood ewood an affordable place to live whi 1 e providing the services that make it a good place to live. P P effort in the review and adoption of the 1990 Budget will be greatly appreciated. I would The Council's cooperative P y ress PP also like to ex P m appreciation and thanks to all City personnel who assisted in the preparation of the 1990 Proposed Budget. Michael A. McGuire City Manager 1 -7 TO: FROM: RE: DATE: INTRODUCTION City Manager Finance Director AGENDA REPORT RESOLUTION LEVYING TAXES PAYABLE IN 1990 July 17, 1989 Agenda Number //-— ,I Action by Council: Endorsed.��.,�.,� Modifi ed_.�.,....�...._.... Rej ected ..........r Date A "proposed tax rate" for 1990 must be certified to Ramsey County by August 1st in order to comply with the Truth in Taxation provisions included in the 1988 tax bill. The attached resolution certifies a tax levy that is the maximum amount under the levy limit law. At the August 14th Council meeting, the "final" proposed tax levy will be adopted. BACKGROUND The State Revenue Department letter to all cities dated June 23rd (copy attached) indicates the procedures that must be followed to substantially comply with a partial truth in taxation process for 1990 budgeting. The new procedures provide that cities must certify proposed property tax levies to county auditors by October 1 rather than August 1 as is stated in the 1988 tax bill. The League of Minnesota Cities has reported that legislative reaction to the Revenue Department letter has not been supportive. House leadership wants greater compliance with the truth in taxation requirements. Also, there is a questions on whether the Revenue Department has legal authority to revise the statutory requirements of the 1988 tax law. To remedy this uncertainty, the L.M.C. is considering the possibility of obtaining a court ruling on these issues. The League of Minnesota Cities has indicated that one way for a governmental entity to deal with this situation would be to certify an initial proposed levy by August 1 and then recertify again on August 15 using the current law as a guide. If a special session is held and a new tax adopted, the tax levy could be revised if needed. Under this plan, the levies on August 1 and 15 would be accompanied by a letter to the county auditor indicating that the amount being certified is calculated under existing law and will be revised if the law is changed. ALTERNATIVES There are two alternatives: 1. certify the 1989 payable 1990 tax levy based upon the timetable prescribed by the State Revenue Department; or 2. certify the 1989 payable 1990 tax levy based upon the timetable in the 1988 tax bill. nT cri ICC MKi The first alternative would be in compliance with Official notification from the State Department. If the State Revenue Department has provided invalid instruction to local governments, it is likely that the Revenue Department rather than local governments would be held responsible. The second option is more conservative and the safest approach. Following the second alternative would demonstrate that the City has made a good faith effort to comply with the 1988 tax bill. RECOMMENDATION The second alternative is recommended as it's more conservative and it's the safest approach. The attached resolution, which implements the second option, is based upon the following calculations. 1. TOTAL PROPERTY TAX LEVY FOR PAYABLE 1989 $5,007,180 2. PAYABLE 1989 SPECIAL LEVIES FROM FORM 280: A. PRINCIPAL AND INTEREST ON BONDS AND CERTIFICATES OF INDEBTEDNESS (SCHEDULES B, C, D, & E) 455,800 B. UNFUNDED ACCRUED LIABILITY OF PUBLIC PENSION FUNDS 78,890 C. TOTAL (2A +2B) 534,690 3. 1989 LOCAL GOVERNMENT AID 21044,329 4, BEGINNING LEVY LIMIT BASE FOR PAYABLE 1990 (1 -2C +3) 61516,819 5. INFLATION ADJUSTMENT FACTOR 1.03 6. INFLATION ADJUSTED 1989 LEVY LIMIT BASE (4x5) 61712,324 7, ADJUSTMENT FACTOR FOR GROWTH IN POPULATION OR HOUSEHOLDS 1.041 BASED ON HIGHEST FACTOR FOR PAST THREE YEARS: 1989 1.037 1988 1.014 1987 1.041 8. POPULATION /HOUSEHOLD ADJUSTED 1989 LEVY LIMIT BASE (6x7) 61987,529 91 1990 LOCAL GOVERNMENT AID 21044,329 10. PAYABLE 1990 LEVY LIMITATION (12 -13C) 42943,200 11. PAYABLE 1990 SPECIAL LEVIES A. PRINCIPAL AND INTEREST ON BONDS AND CERTIFICATES OF INDEBTEDNESS (SCHEDULES B, C, D, & E) 504,200 B. UNFUNDED ACCRUED LIABILITY OF PUBLIC PENSION FUNDS 26,240 C. TOTAL (2A +2B) 530,440 12. TOTAL PROPERTY TAX LEVY PAYABLE 1990 $5,473,640 The above calculations include estimates for the growth adjustment factor and the 1990 local government aid. The growth adjustment factor is a liberal estimate and the 1990 local government aid is a conservative estimate in order to project the highest possible estimated levy limit. This has been done as the 1988 tax law does not allow increases in the tax levy after the August 1st certification. The 1990 Proposed Budget is based upon a levy limit lower than the above estimate. This lower amount assumed no adjustment in the levy limit for growth as this factor fluctuates greatly each year. The following is a comparison of the tax levy amounts in the proposed budget versus the attached resolution: PERCENT INCREASE AMOUNT OVER 1989 Resolution $5,473,640 9.3% Proposed Budget 51198,430 3.8% Difference 275,210 Although the tax levy amount this amount should be levied Capital Improvements Budget. lease - purchase contracts and tax levy on the average home Council meeting. ACTION REQUIRED i n, the resolution is a large percentage increase, in order to provide extra funds to finance the This will reduce the need to borrow money by issuance of bonds. The impact of the proposed owner will be calculated for the August 14th Adoption of the attached resolution. DFF: kaz Attachment RESOLUTION LEVYING TAXES PAYABLE IN 1990 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that: 1. The following amounts of taxes be levied for 1989, payable in 1990, upon the taxable property in said City of Maplewood, for the following purposes: General Operations $4,376,230 Capital Improvements 593,210 Debt Service 504,200 TOTAL LEVY $5,473,640 2. There is on hand in the following sinking funds excess amounts as indicated after each fund and such shall be used to pay on the appropriate obligations of the City: DESCRIPTION 1967 General Obligation Sanitary Sewer Bonds $ 12,000 1972 General Obligation Improvement Bonds: Series 1 45,000 1973 Improvement Bonds 118,100 1974 Refunding Bonds 69,000 1977 General Obligation Improvement Bonds: Series 2 167,000 1977 Refunding Bonds 263,700 1979 General Obligation Improvement Bonds 72,000 1988 General Obligation Improvement Bonds 355,546 1977 Public works Building Bonds 37,270 1980 Fire Station Bonds 18,830 TOTAL $1,158,446 In accordance with Minnesota Statutes 475.61 and 273.13, Subd. 19 (3), (a), (b), (c), and Chapter 297a and Chapter 162 of Minnesota Statutes, the County Auditor of Ramsey County is hereby authorized and directed to reduce by the amounts above mentioned the tax that would otherwise be included in the rolls for the Year 1988 and collectible in 1989. 3. It has been determined that the following sinking funds have insufficient projected assets to meet projected liabilities, as required by State Statute, and the original resolution levying ad- valorem taxes must be increased by the following amounts: 1972 General Obligation Improvement Bonds: Series 2 $ 690 1977 General Obligation Improvement Bonds: Series 1 182,200 TOTAL $ 182,890 4. Changes set forth in sections one (1) and two (2) above result in a net reduction of $975,556 in the scheduled levy of $1,479,756. y• <<,, LO STATE OF MINNESOTA DEPARTMENT OF REVENUE June 23, 1989 To: Mayors, City �1anagers and City Clerks of all Minnesota Cities As you know, Governor Perpich has vetoed the omnibus tax bill passed by the 1989 state legislature. The Governor has said that he will call a special session of the legislature in September to consider another tax bill for 1989 if he and legislative leaders agree in advance on provisions to reform Minnesota's property tax system. The veto of the 1989 tax bill and the possibility that a special session of the legislature will pass a new tax bill for 1989 will affect: • state aid amounts for property tax payable in 1990 for all cities; • levy limits for payable 1990 for cities with populations over 2,500; • levy Limits for payable 1 990 for cities with populations under 2,500 which are receiving aid from taconite production tax revenues; and • actions which cities with populations over 2,500 are required to take in connection with the .preparation by counties of truth in taxation notices -- also referred to as proposed property tax bills. In general, the veto of the 1989 tax bill means that unless the legislature in a special session passes and the Govemoi signs another tax bill, cities will receive state aid amounts and will be subject to levy limits and truth in taxation provisions which were set for payable 1990 by the law now in effect -- the tax bill enacted in law in 1988. The attached summary . and instructions explain what cities must do in .going through the budget- setting process for payable 1990 and in fulfilling their responsibilities in connection with truth in taxation as required by the 1988 tax law. Beyond that, you will notice in the instructions that I have used the authority granted by law to the -. Commissioner of Revenue to extend deadline dates by which local governments are required to certify proposed and actual property tax levies to the county auditor. While you are required to go through your budget - setting process on the basis of aid amounts and levy limits specified by the 1988 tax law, I think it's highly likely that there will be a special session of the legislature and that it will pass legislation which will ..include the same levy limits which were in the vetoed 1989 tax bill. AN EQUAL OPPORTUNITY EMPLOYER Mayors, City Managers and City Clerks June 23, 1989 Page 2 As a result, I encourage you to develop budgets for payable 1990 based on two contingencies -- one in which the levy limits in the 1988 tax law apply, and one in which the levy limits in the vetoed 1989 tax bill apply. To provide you with the information to plan for both ,contingencies, on August 15 the Department will certify each city's property tax levy for payable 1990 based on the 1988 tax law. And, in addition, on September 1 the Department will notify each city of its property tax levy for payable 1990 based on levy limits in the vetoed 1989 tax bill -- the same levy limits which.) expect to be enacted into law by a special session of the legislature in September. If -- as I expect -- the special session enacts the levy limits which were in the vetoed 1989 tax bill, I would also expect the legislature to further extend the deadlines by which local governments are required to certify their proposed and actual . property tax levies. This will make it easier fir ��cal governments to respond to the new legislation, and will :permit them to prepare and mail property tax bills in sufficient time for taxpayers to be prepared to pay their first -half property tax bills on May 15, 19900 Please observe the enclosed instructions. In particular, you will want to be sure to observe the truth in taxation instructions fully in order to avoid being required to limit your property tax levy for payable 1990 to no more than the amount you levied for payable 1989. If you have any questions about what you are required to do, please don't hesitate to call the Local Government Services Divisions at 612- 296 -5138. Sincerely, john dames Commissioner 1989 Property Tax Certification Timetable for C*t* es July 15 Cities with populations over 2,500 and towns receiving revenues from taconite production taxes certify to the Department of Revenue their payable 1989 levies for the operating costs of regional library services not previously claimed as a special !evy for property taxes payable in 1989 August 15 Department of Revenue certifies local government aid amounts to cities and towns which were set for payable 1990 by the 1988 tax law August 15 Department of Revenue will certify the payable.1990 levy limits under the 1988 tax bill to cities with populations over 2,500 and towns receiving revenues from taconite production taxes September 1 Department of Revenue will certify local government aid and levy limits under the vetoed tax bill to cities with populations over 2,500 and towns receiving revenues from taconite production taxes October 1 Cities certify proposed property tax levies to county auditors November 9 Cities certify final property tax levies to county auditors Action by Council: Endorsed__�_�~___ ' Mod1fied___~_~~~� RaJ Da ~" {/ �7 ~ � AGENDA I TEM MEMORANDUM TO: City Manager FROM: Public Works Coordinator SUBJECT: Budget Transfer DATE: .July 17, 1989 .. The amount budgeted for ma:intenance materials in the 1989 street maintenance budget was $51,780. This amount has been exhausted. Due to a late billing for sand and salt used during 1988, $26v000 was paid from the 1989 budget. Records show that 500 tons of bituminous material and 1,250 tons of sand/salt mix were used in the last six months of 1988. At the current rate of $13.03 per ton for sand/salt and $23 per ton for bituminous, an additional amount of $27,800 can be expected for the remainder of 1989 for these two items. Two known unanticipated expenditUres ($4v000 for base material on Dprland Road north of Carver Avenue and $1,500 for storm sewer pipe on Londin Lane near Sterling) should also be expected. A transfer of $201000 from the general fund contingency to the maintenance material budget in the street department. WCC jc ' r / / . / .. / AGENDA ITEM r/ ' AGENDA REPORT Amtj#�by CoUnoil:' TO: City Manager ' Endorse � FROM: Cit. Engineer Mo ]Rej ecte SUBJECT: County Overlay Projects D---___� . DATE: July 17, 1989 Ramsey County is requesting the city to participate in the cost of shoulder paving on two.moads in Maplewood. The shoulder paving would be done in conjunction with the county's planned ' overlay. The final product would be similar to County Road B in front of city hall,. The two locations are Keller Parkway south of Arcade Street and McKnight Road from Phyllis Court to Mailand Road. The estimated cost is $3690 and $6600 respectively. This type of improvement is relatively inexpensive and has been very well received by pedestrians and bikers. ' It is recommended the city council authorize an expenditure of up to $10,300 from the street construction account for shoulder paving. KGH jc Ramsey County Agreement No. 89-011 City of Maplewood Agreement No.-- Agreement for Construction of Paved Road Shoulders THIS AGREEMENT, by and between the County of Ramsey, a political subdivision of the State of Minnesota, hereinafter referred as the "County", and the City of Maplewood, a political subdivision of the State of Minnesota, hereinafter referred to as the city WHEREAS, In 1989 the County plans to improve Keller Parkway from 1,258 ft south of Arcade St to Arcade Street via pavement recycling and overlay; and WHEREAS, The 'improvement work is proposed to include the installation of bituminous shoulder paving; and WHEREAS, Under the County cost participation policy as outlined in Resolution 9-1272 the City is to pay 100% of the cost of shoulder paving. The parties mutually agree as follows: 1. The County will construct four foot width paved shoulders on Kell.er Parkway from 1,258 ft south of-Arcade Street to Arcade Street as part of the recycling and overlay improvement of this roadway. 2. The estimated cost of the shoulder paving is $3,690 for 1,118 square yards of shoulder paving based on a paving thickness of two inches and an inplace cost of $30.00 per ton for bituminous materials. 3. The 100% City share of the shoulder paving cost shall be $3,690. 4. The City shall pay its share of the shoulder paving costs to the County after completion of the shoulder paving and upon submission of a bill to the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers. CITY OF MAPLEWOOD, MINNESOTA COUNTY OF RAMSEY By 9M Its Its Date By Executive Director Date App-rov 4 as to For Assistant County Attorney Reccommended for Approval Director of Public Works and County Engineer R.anisey County Agreement No. 89-012 City of Maplewood Agreement No._____ Agreement for Construction of Paved Road Shoulders THIS AGREEMENT, by and between the County of Ramsey, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", and the City of ' Maplewood, a political subdivision of the St-ate of Minnesota, hereinafter referred to as the "City" WHEREAS, In 1989 the County plans to improve Mcknight Road from Carver Avenue to Mailand Road via pavement overlay; and WHEREAS, The improvement work is proposed to include the installation of bituminous shoulder paving-along part of this 'improvement; and WHEREAS, Under the County cost participation policy as outlined in Resolution 9-1272 the County is to pay 25% and the City 75% of the cost of shoulder paving. The parties mutually agree as follows: 1. The County will construct six foot width paved shoulders on the east side of Mcknight Road from Phylis Court to Mai land Road as part of the- overlay improvement of this roadway. 2. The estimated cost of the shoulder paving is $8,800 for 2,667 square yards of shoulder paving based on a paving thickness of two inches and an inplace cost of $30.00 per ton for bituminous materials. ; t- -1 l be (.1"6,600 . 3.-The 75% City share of the shoulder paving cost sl ia I 4. The City shall pay its share of the shoulder paving costs to the County after completion of the shoulder paving and upon submission of a bill to the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers. CITY OF MAPLEWOOD, MINNESOTA By By Its Its Date COUNTY OF RAMSEY By Executive Director Date Approved-as to Form; Assistant County Attorney Reccommended for Approval Director of Public Vlorks and County Engineer MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECTx Joint Meeting DATE: July 181 1989 INTRODUCTION �� /+7 _/0 * l�r �mn�u�`� The City Council requested a joint meeting with the Planning Commission and the Community Design Review Board to discuss the differences between the land use plan and the zoning ordinance. There was a particular concern with the amount of land planned and zon ed for multiple dwellings. The Council also wanted to discuss revising the R-3, Multiple Dwelling zoning district text from the Code Book. REC[MMENDATIONS 1. The Planning Commission recommended that the meeting be held on July 31. As alternatives, the Planning Commission recommended that the meeting be held as part of their regular meeting on August 21 or on a Thursday evening in August. Some of the commissioners, however, would not be available on a Thursday. 2. Staff would recommend that the HRA be invited also, since they are involved in housing issues, such as the amount and design of multiple-family housing in the City. AGENDA REPORT To: City Manager Michael McGuire From.. Chief of Police Kenneth V. Collins Subject: Liquor Ordinances Date: July 17, 1989 Introduction J- 1 AotIon by 7ouno11 Endorsed., Modified Rejected Date The Maplewood liquor ordinances were in need of updating to make necessary changes in conforming with State law, Background Over the p ast several years, numerous'State law changes have taken place that.affect our liquor ordinances. Most of these changes deal with changes in age and statutory references. A preliminary draft of this update contains essentially the.,s.e changes. These changes may be characterized as being more in the order of house - keeping than major revisions to our ordinances. Recommendation That these be reviewed by the City Council for further recommendations and revisions, KVC: j s Chapter 5 ALCOHOLIC BEVERAGES* Art. I. In General, S.S. 5 -1 to 5 -20 Art. II. Non - intoxicating Malt Liquors, S.S. 5 -21 to 5 -60 Div. 1. Generally, S.S. 5 -21 to 5 -35 Div. 2. Licenses, S.S. 5 -36 to 5 -60 Art. III. Intoxicating Liquors, S.S. 5 -61 to 5 -155 Div. 1. Generally, S.S. 5 -61 to 5 -95 Div. 2. "On -Sale" and "Off -Sale" Licenses, S.S. 5 -96 to 5 -125 Div. 3. "On -Sale Wine Licenses," S.S. 5 -126 to 5 -145 Div. 4. Bottle Clubs, S.S. 5 -146 to 5 -155 ARTICLE I. IN GENERAL Sec. 5 -1. Proof of age for the purpose of consuming, purchasing or possessing alcoholic beverages. Proof of age for purposes of consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated under this chapter by age, may only be established by a valid state driver's license or a current state identification card issued pursuant to Section 171.07, Minnesota Statutes, or in the case of a foreign national by valid passport. State law reference - Similar provisions, M.S. 340A.503 Sec. 5 -2. Persons under '„ ^t ^ ^ I. ~ twenty one years of age; misrepresentation of age to obtain liquor; possession or consumption of liquor; etc. (a) It shall be unlawful for any person under the age of nin-at twenty N.0 V one 21 years to represent himself to be of the age of I, ' twenty one (21), years or older, for the purpose of obtaining from any other person non - intoxicating malt liquor or intoxicating liquor as the same are defined in this chapter. (b) It shall be unlawful for any person under the age of ninatoon tweet one 21 years to have in his possession any non - intoxicating malt liquor or intoxicating liquor as the same are defined in this chapter, except possession at household of person's parent or guardian. *Cross reference - Alcoholic beverages on premises of massage parlors, escort services, rap parlors, etc., S.S. 24 -899 State law reference - Intoxicating liquors, M.S. Ch. 340A. (c) It shall be unlawful for anyone under the age of „i „etee„ twtw =, one 21 years to consume non - intoxicating malt liquor or intoxicating 1 i quor as the same are defined in this chapter, unless in the household of the person's parent or guardian. (Code 1965, S.S. 703.160; Ord. No. 352, S.S. 21 6- 21 -73; Ord. No. 421, S.S. 5- 26 -77) Sec. 5 -3. Licensee responsible for acts of employees, etc. (a) Any act by any clerk, barkeeper, agent, servant or employee of any licensee under this chapter, in violation of this chapter, shall be deemed the act of the employer and licensee of such place as well as that of said clerk, barkeeper, agent, servant or employee, and every such employer and licensee shal 1 be liable to all the penalties provided for the violation of same, equally with said clerk, barkeeper, agent, servant or employee, except for felonies of manufacture, transport, import or salefgift of poisonous alcohol; sale without license is a gross misdemeanor. (b) Any sale of intoxicating liquor by any clerk, barkeeper, agent, servant or employee made in or from any place duly licensed under this chapter to sell non - intoxicating malt liquor, but not duly licensed to sell intoxicating 1 i quor, shall be deemed the act of the employer and licensee, as well as that of the person actually making the sale, and every such employer and licensee of such place shall be liable to all the penalties provided for such sale, equally with the person actually making the same, except for felonies of manufacturez transport, import or saleZgift of poisonous alcohol; sale without license is a gross misdemeanor. (Code 1965, S.S. 703.140 (1), (2 )} Sec. 5 -4. Keeping of house, etc., for unlicensed sale of intoxicating liquor; customers thereat, etc. Any person who shall, within the city, keep a house or place for the unlicensed sale of intoxicating liquor, and all persons who resort to or visit such house or place for the purpose of purchasing or consuming any intoxicating liquor sold on the premises shall be guilty of a misdemeanor. (Ord. No. 273, S.S. 2 (S.S. 1202.051), 10 -1 -70) Sec. 5 -5. Drinking beer or intoxicating liquor on public street, etc., or while trespassing on private property. No person shall, upon the public streets, lanes or alleys of the city, or being a trespasser upon the private premises of another, drink beer or intoxicating liquor. (Code 1965, S.S. 1202.020) Sec. 5 -6. License fees, investigation charges, etc., to be imposed and fixed by resolution of city council if not expressly imposed or fixed in this chapter. Unless expressly provided for in this chapter, the amount of any license, permit, investigation, etc., fee or charge required to be paid by this chapter shall be in such amount as may be imposed, set, established and fixed by the city council, by resolution, from time to time. Secs. 5 -7 to 5 -20. Reserved. ARTICLE II. NON - INTOXICATING MALT LIQUORS* DIVISION 1. GENERALLY Sec. 5 -21. Definitions. For the purposes of this article, the following terms, words and phrases shall have the meanings respectively ascribed to them: Bona fide club: A bona fide club is an organization organized for social purposes, business purposes, for intellectual improvement, or for the promotion of sports where the serving of non - intoxicating malt liquor i s incidental to and not the main purposes of the club. Intoxicating liquor and 1 i quor: "Intoxicating liquor" and "liquor" mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing in excess of three and two- tenths (3.2) percent of alcohol by weight. Non - intoxicating malt liquor: Non- intoxicating malt liquor is any potable beverage malt liquor containing not less than one -half of one percent alcohol by volume nor more than three and two - tenths (3.2) percent alcohol by weight. Off -sale: "Off -sale" is any sale of non - intoxicating malt liquor to be consumed off the premises. On-sale: "On-sale" is any sale of non - intoxicating malt liquor to be consumed on the licensed premises. (Code 1965, S.S. 701.030 [S.S 701.130]) Person: "Person" includes any individual, partnership, association, trust, institution, corporation , or mun i c i pal i ty, and includes also the mun i c i pal 1 i quor store. "Sale " "sell," and " urchase " include all barters exchanges, ifts sells purchases and other means used to obtain or furnish li uor as above- described, directly or i ndi rectly, in violation or evasion of this ordinance but does not include sales by State license, liquor wholesalers selling to licensed retailers. Cross reference -Rules of construction and definitions generally, S.S. 1 -41 et seq. State law reference - Similar provisions, M.S. 340A *State law reference -State non - intoxicating malt liquor act, M.S. 340A.101. Sec. 5 -22. Hours of sale, Hours of consumption. No non- intoxicating malt liquor shal 1 be sold in the city between the hours of 1 :00 a.m. and 8:00 a.m. on weekdays, Monday through Saturday inclusive, nor between the hours of 1:00 a.m. and noon on Sundays. No "on -sale" licensee shal 1 permit any such non - intoxicating malt liquors to be consumed on his premises during the hours when the sale thereof is by this section prohibited; provided, however, that the licensee shall be allowed a thirty (30) minute period following the 1:00 a.m. closing hour to clear the premises of customers who are on the premises at 1:00 a.m., and such customers during that time may consume any such intoxicating mal t beverage purchased by them before 1:00 a.m. (Code 1965, S.S. 701.080; Ord. No. 318, S.S. 11 6- 22 -72) State law reference -Sales of non- intoxicating malt liquor, closing hours, M.S. 340A.504. Sec. 5 -23. Persons under nineteen (.911 twenty one (21) years of age; sale to, consumption by, procuring for; etc. It shall be unlawful in the city for any: (1) Licensee or his employee to sell or serve non - intoxicating malt liquor to any person under the age of n- i- n,e to e �a twenty one (21) years or to permit any person under the age of twenty one (21) years to consume non - intoxicating malt liquor on the licensed premises; (2) Person other than the parent or legal guardian to procure non - intoxicating malt liquor for any person under the age of twenty one (21) years; (3) Person to induce a person under the age of nineteen twenty one (21) years to purchase or procure non - intoxicating malt liquor; (4) Person under the age of aninieteen twenty one (21) years to misrepresent his age for the purpose of obtaining non - intoxicating malt liquor; (5) Person under the age of twenty one (21), years to consume any non - intoxicating malt liquor unless in the company of his parent or guardian; (6) Person under the age of I- i nel etoeeni twenty one (21) years to have in his possession any non - intoxicating malt liquor, with intent to consume same at a place other than the household of his parent or guardian. Possession of such non - intoxicating malt liquor at a place other than the household of his parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his parent or guardian. (Code 1965, S.S. 701.070) State law reference - Similar provisions, M.S. 340A. Sec. 5 -24. Person must be „i „^+e^„ - -I' °' twenty one ( ) years of age to deliver, sell serve or vend non - intoxicating malt liquor. (a) It shall be unlawful for any licensee under this article or any of his agents, servants or employees to allow any person under the age of twenty one (21) years to deliver, sell, serve or vend any non - intoxicating malt liquor to any person in the city. (b) It shall be unlawful for any person under the age of twenty one (.2-U years to deliver, sell, serve or vend any non - intoxicating malt liquor to any person in the city. Secs. 5 -25 to 5-35. Reserved. DIVISION 2. LICENSES* Sec. 5 -36. Required to sell at retail; types of licenses. Except as provided in this section, it shall be unlawful to sell non- intoxicating malt liquors, at retail, in the city except when licensed under this article. There shall be two (2) types of annual licenses issued for the sale of non- intoxicating malt liquors: (1} "On- sale" licenses shall permit the licensee to sell such non - intoxicating malt liquors for consumption on the licensed premises, and the license fee therefor shall be fixed by the city council and paid to the city. "On -sale" licenses shal 1 be granted onl y to drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of non- intoxicating malt beverages, and soft drinks at retail. A club or charitable, religious, or non - profit organization may be issued a temporary "on -sale" license for the sale of non - intoxicating malt liquor on and off school grounds, and in and out of schoolhouses and school buildings. The temporary licenses shal 1 be subject to such terms, including a license fee, as the city council shall prescribe. (2) "Off -sale" licenses shall permit the licensee to sell non- intoxicating malt liquors i n original packages for consumption off the premises only, and the license fee therefore shall be fixed by the city council and paid to the city. (Code 1965, S.S. 701.010) State law reference- Similar provisions, M.S. 340A. *Cross reference - Licenses generally, Ch. 17. Sec. 5 -37. Persons eligible to be issued licenses. Licenses under this article shall be issued only to persons who are citizens of the United States or resident aliens and who are of g ood moral character and repute, who have attained the age of nineteen I twenty one 21 ears and who are prop of the a -' y. p p stablishments for which the licenses are issued. Persons not eligible to be issued license. (a) A Derson who within five years of the licensed application has been convicted of a willful violation of a Federal or State law or local ordinance governing_- manufacture sale distribution or osses - � � p soon for sale or distribution of intoxicating or nonintoxicatin malt li uors; (b) A erson who has had an intoxicating liquor license revoked within five _years of the license application. State law reference - Similar provisions, M.S. 340A.402 (3) -(4) Sec, 5 -38. Premises which may not be licensed; limitations on number of licenses. (a) No "on -sale" or "off -sale" non - intoxicating malt beverage license shall be issued under this r g article to premises licensed as a motor fuel station, motor fuel station convenience store, internal motor fuel station 'or � major motor fuel station or truck stop, as defined in section 36 -151 of this Code. (b) No non - intoxicating malt liquor license shall be issued under this article for premises located within an area wherein such use of the remises is prohibited b p p y the zoning ordinance, nor within an area where such sales are forbidden by the state law or any other ordinance of the city, y (c) No "on -sale" license shall be issued under this article for remises located within one thousand p (1,000) feet of any school building or church building located within the city, and no "off -sale" license shall be issued within one hundred (100) feet of such church or school building. The distance to be measured from g the nearest property line to the nearest property line. (d) Not more than one license shall be issued under this article to an No. 31 y person in the cit y (Ord. 3, S.S. 701.011, 3- 16 -72; Ord. No. 457, S.S. 701.170, 12 -7 -78) Sec. 5 -39. Duration, .Except .for a temporary "on- sale" license issued under this article all licenses censes i ssued under this article shall run for a period of one year from July y first, and, if issued for a shorter period than one year, the license fee shall be prorated on a monthly basis. (Code 1965, S.S. 701.050 S.S. 701.150]) State law reference - Similar provisions, M.S. 340A.301 subd. 5. Sec. 5 -40. corporate holders to notify city council of stock transfers and change in officers; council to approve stock transfers; failure to notify grounds for license revocation, etc. No corporation to which a license has been granted hereunder shall transfer any stock in such corporation without the consent of the council. It is hereby made the duty of the officers of any corporation holding a license issued under this article to notify the council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of stock shall be effective without the consent of the council. The transfer of any stock without the .knowledge and consent of the council shall be deemed sufficient cause for revocation by the council of any license granted to such corporation under this article or any other licensing ordinance of the city under which such corporation has received any license from the city. Such corporation officers shall also notify the council whenever any change is made in the officers of any such corporation, and the failure to so notify the council shall likewise be sufficient cause for revocation of any license issued to such corporation. (Code 1965, S.S. 701.060) Sec. 5 -41. Unlawful possession by licensee, agent, servant, etc., of intoxicating liquor on licensed premises. It shall be unlawful for any person duly licensed under this article, but not duly licensed to sell intoxicating l i quor, or for any of his agents, servants or employees, to have in his possession on premises licensed under this article, intoxicating liquor, as defined in Section 340A.101, Minnesota Statutes, for the purpose of consumption by anyone. (Code 1965, S.S. 701.120) Sec. 5 -42. Duty of police to notify council of conviction of licensee of violation of article; conviction grounds for revocation of license. It is the duty of the police officers of the city to notify the council whenever any person licensed under this article is convicted of a violation of this article. Such conviction shall be deemed sufficient cause for the council to revoke any license issued to such convicted person under this article. (Code 1965, S.S. 701..040 [S.S. 701.140]) Sec, 5 -43. Application - Generally. Any person desiring the issuance of a license under this article shall apply therefor to the city council by filing with the city clerk, for presentation by him to the council, an application in writing therefor. Such application shall set forth the name and place of residence of the applicant, the exact location of the place at which the applicant proposes to carry on the business of selling non - intoxicating malt liquors, and whether or not he has at any time previous to the date thereof been engaged in said business or in the business of selling foodstuffs in the city, and if so, when and where. Such application shall be signed by the applicant, or by an officer of the club seeking said license, or by an officer of the corporation seeking said license, and when received by the clerk shall be placed on file. The name of the applicant shall be registered in a book of registration to be kept in the office of the clerk for that purpose; provided, however, that said clerk shall not receive such application or register the name of such applicant unless the application is accompanied by a receipt of payment of the required license fee. (Code 1965, S.S. 701.020) Sec. 5 -44. Same - Payment of license fee imposed and fixed by council resolution; etc. Upon the filing of an application for the issuance of a license under this article, the applicant shall pay to the city clerk, in full, the amount of the license fee therefor, as imposed, set, established and fixed by the city council, by resolution, from time to time. The city clerk shall deliver a receipt to the applicant upon receiving such payment. (Code 1965, S.S. 701 .030) Sec. 5 -45. Same - Inspections of premises, etc. The applicant for a license under this article shall permit the appropriate officers of the city, as well as representatives of the police and fire departments, to inspect and examine the place of business described in the application, together with all the appliances and instruments used or to be used in the transaction of the business for which the license i s sought. Any refusal on the part of such applicant to permit any such inspection shall be deemed as sufficient grounds upon which the council shall refuse to issue the license applied for. (Code 1965, S.S. 701.040) Sec. 5 -46. Same - Procedure; recommendations and reports to city council; grant or denial. After the filing of an application for a license under this article, the city clerk shall transmit such application and his recommendations to the city council, together with any reports from the police or the fire departments. The council shall thereupon consider the application and grant or deny the same. (Code 1965, S.S. 701.050) Sec. 5 -47. Employers and licensees responsible for acts of employees, agents, servants, etc. Any act of any clerk, barkeeper, agent, servant or employee in violation of this article, shall be deemed the act of the employer and licensee of such place, as well as that of said clerk, barkeeper, agent, servant or employee, and every such employer and licensee shall be liable to all the penalties provided in this article for the violation of same, equally with the said clerk, barkeeper, agent, servant or employee. (Code 1965, S.S. 701.110) Secs. 5 -48 to 5 -60. Reserved. ARTICLE III. INTOXICATING LIQUORS* DIVISION 1. GENERALLY Sec. 5 -61. Definitions For the purposes of this article, the following words, terms and phrases shall have the meanings respectively ascribed to them: Club: "Club" means any corporation duly organized under the laws of the state for civic, fraternal, social or business purposes or for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which shall have more than fifty (50) members, and which shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. Intoxicatinq liquor, liquor: "Intoxicating liquor" and "liquor" mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing in excess of three and two - tenths (3.2) percent of alcohol by weight. Limited off -sale: "Limited off -sale" shall mean the sale of vinous or malt liquor in retail stores and in original packages containing not less than three and two- tenths (3.2) percent alcohol or four (4) percent by volume and not more than twenty -four (24) percent of alcohol by volume for consumption off or away from the premises where sold. *State law reference - Intoxicating liquor act, M.S. 340A. Off - Sale: "Off -sale" means the sale or liquor in original packages in retail stores for consumption off or away from the premises where sold. On -Sale: "On -sale" means the sale of liquor by the glass or by the drink for consumption on the premises only pursuant to such regulations as the state commissioner of public safety may.prescribe. Package, original package: "Package" or "original package" shall mean and include any container or receptacle holding liquor, which container or receptacle is corked or sealed. Person: "Person" shall include individuals, corporations, partnerships and associations. Restaurant: "Restaurant" means any establishments, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than thirty (30) guests at one time. Sale, sell, sold: "Sale" and "sell" and "sold" mean all barters and all manners or means of furnishing intoxicating l i quor, including such furnishing in violation or evasion of law. (Code 1965, S.S. 70390209 703.070; Ord. No. 3759,S.S. 1, 9- 19 -74) Cross reference -Rules of construction and definitions generally, S.S. 1 -41 et seq. State law reference - Similar definitions, M.S. 340A.101. Sec. 5 -62. Exemptions. This article shall not be construed to prohibit the sale of wine for sacramental purposes by any person duly licensed by the state commissioner of public safety so to do, nor shall this article be construed to prohibit the sale of medicines as defined in Section 340.07, Minnesota Statutes, nor of industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical or industrial purposes, nor to compounds or preparations containing alcohol, if such compounds or preparations are not potable as a beverage, nor shall it be construed to prohibit the sale of intoxicating 1 i quor for medicinal purposes by a duly licensed and registered pharmacist or druggist upon a bona fide prescription, in writing, by a physician or dentist. (Code 1965, S.S. 703.170) Sec. 5 -63. Persons to whom intoxicating liquor may not be sold, furnished, etc. No intoxicating liquor shall be sold, furnished or delivered in the city for any purpose to any person under nineteen twenty one years of age or to an habitual drunkard or to any person obviously intoxicated or to any of the persons to whom sale is prohibited by this Code or other ordinance of the city, or by any law of this state. (Code 1965, S.S. 703.140 (4); Ord. No. 352, S . S . 1, 6- 21 -73; Ord. No. 421, S.S. 1, 5- 26 -77) State law reference- Similar provisions, ,M.S. 340A.503. Sec. 5 -64. Person must be n- i- ppt� =n %I eighteen (18) years of age to deliver, sell, serve or vend intoxicating liquor. (a) It shall be unlawful for any licensee under this article or any of his agents, servants or employees to allow_ any person under the age of I-i-ne eighteen (18 years to deliver, sell, serve or vend any intoxicating liquor to any person in the city. (b) It shall be unlawful for any person under the age of ninatioan 11(l, eighteen years to deliver, sell, serve or vend any intoxicating liquor to any person in the city. Sec. 5 -65. Sales -To be in public view. All sales of intoxicating liquor in the city allowed under this article shall be made in full view of the public. (Code 1965, S.S. 703.140 (3)) Sec. 5 -66. Same -Shall not be made where prohibited. No sale of intoxicating 1 i quor in the city shall be made in any place or in any part of a building where such sales are prohibited by state law or this article. (Code 1965, S.S. 703.140 (5)) Sec. 5 -67. Drinking intoxicating liquor in a public place. (a) No person shall drink intoxicating 1 i quor in any place Open to the public within the city, nor shall the proprietor or manager of any such public place, if such public place is a building structure, permit such drinking upon his premises. (b) This section shall not be considered as prohibiting the drinking of intoxicating 1 i quor in a building structure open to the public, if such building is One within which sales of intoxicating liquors for consumption on the premises where sold, are permitted by duly licensed persons under this article; provided, however, that drinking in such a building shall be permitted only in that portion of the building constituting the licensed premises, and only within the hours when sales of intoxicating liquors are permitted and for a period of one -half hour thereafter. (Code 1965, S.S. 703.210 (1), (2)) Cross reference - Streets, sidewalks and public grounds, Ch. 29. Sec. 5 -68. License under article required. (a) It shall be unlawful for any person to sell intoxicating liquor for consumption at any time or place within the corporate limits of the city without first having obtained a license so to do as provided in this article. Such sales by duly licensed persons are hereby permitted. (b) It shall be unlawful for any person, directly or indirectly, upon any pretense or by any device, to keep for sale or have in Hs possession for the purpose of sale, any intoxicating liquor, unless said person has first obtained from the city a license under this article permitting him to sell intoxicating liquor. (Code 1965, S.S. 703.210 (3), (4)) Sec. 5 -69. Tax stamps or labels on containers of intoxicating liquor. (a) It shall be unlawful for any person to have in his possession any intoxicating liquor without proper tax stamps or labels on the container thereof, as required by state law. (b) Nothing herein shall prohibit the possession of fruit juices fermented in the home for family use. (c) Fermented malt beverages containing in excess of three and two - tenths (3.2) percent of alcohol by weight or four (4) percent by volume, having the required amount of tax stamps as required by state law on the container thereof, or case in which the same is contained, shall not be subject to the provisions of this section. (d) This section shall not apply to intoxicating liquor poured from containers or bottles having thereon the required tax stamps and labels, i nto any cup, glass or temporary shaker. Possession of liquor in one's own home only of a bottle or container not having state tax stamps thereon shall not be a violation of this section, if the liquor in said bottle or container shall have been poured from a bottle or container having thereon the required state tax stamps and labels, provided that, said bottle or container into which such liquor is poured shall not be larger than one quart in size. No person shall be permitted to have in his possession more than two (2) such unstamped bottles. (Code 1965, S.S. 703.210 (5) -(8)) Sec. 5 -70. Retail sale for beverage purposes of ethyl alcohol, neutral spirits, etc. The retail sale for beverage purposes of ethyl alcohol or neutral spirits, or substitutes therefor, possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits, as such, is hereby prohibited in the city. Nothing in this section shall be construed to prohibit the manufacture or sale of other products obtained by the use of ethyl alcohol or neutral spirits as defined in U.S. Treasury Department, Bureau of Internal Revenue, Regulations 125, Article II, Standards of Identity for Distilled Spirits. (Code 1965, S.S. 703.210 (9)) State law reference- Similar provisions, M.S. 340A.506. Sec. 5 -71. Hours of sale. (a) No "on-sale" sale of liquor shall be made on Monday before 8:00 a.m., and no such "on -sale" sales shall be made on Tuesday, Wednesday, Thursday, Friday or Saturday between the hours of 1:00 a.m. and 8:00 a.m., and on Sunday no such "on -sale" sale shall be made between the hours of 1:00 a.m. and 12:00, midnight, except as may be otherwise provided, nor shall such "on -sale" sale be made at any time on Christmas Day. In addition to the foregoing regulations, no "on- sale" sales of liquor shall be made between the hours of 8:00 a.m. and 3:00 P.M. on the last Monday of May, (b) No "off -sale" sale of such liquor shal 1 be made before 8 :00 a.m. or after 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and before the hour of 8:00 a.m. or after the hours of 10:00 p.m. on Friday and Saturday, and no such "off- sale" sale [of] liquor shal l be made at any time on Sunday. No "off -sale" shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, notwithstanding the above provisions "off - sales" may be made until 10 :00 p.m.; except that no "off -sale" shall be made on December 24 after 8:00 p.m. (c) No "on -sale" licensee shall permit any person to consume any liquor on his premises except within the hours when the sale of such liquor is permitted; provided, however, that in the case where such "on -sale" license is operated in a bona fide club organized under Minnesota Statutes, Chapter 317, which has been in continuous operation for a period of five (5) years prior to the enactment of this section, liquor may be consumed in the club during the hours when sale of intoxicating liquor is not permitted on condition the club is open only to its members, ceases operations no later than 1:00 on any night, limits i is sales during such time to non - intoxicating beverages, and admits law enforcement officers whenever it is in operation. (Code 1965, S.S. 703.150; Ord. No. 295, S.S. 1, 10 -7 -71; Ord. No. 513, S.S. 1, 4- 15 -82; Ord. No. 548, S.S. 1, 8- 22 -83) Ord. No. 594, S.S. 11 6- 23 -86) State law reference -Hours and days of sale, M.S. 340A.5040 Sec. 5 -72. Persons eligible for licenses. No license shall be issued under this article to any person other than a citizen of the United States twenty -one (21) years of age or over who shall be of good moral character and repute, nor to any person who within five (5) years prior to the application for such license has been convicted of any willful violation of any law of the United States or the state or of any local ordinance with regard to the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, nor to any person whose license under the state intoxicating l i quor act shall be revoked for any willful violation of any such laws or ordinances. (Code 1965, S.S. 703.120) State law reference - Similar provisions, M.S. 340A.402(3) -(4) Sec. 5 -73. Investigations of "on- sale" license applicants for issuance, transfer or renewal of licenses. . (a) The city shall, upon initial application under this article for an "on- sale" license or upon application for a transfer of an existing license, conduct a preliminary background and financial investigation of the applicant. The application shall be in the form prescribed by the state bureau of criminal apprehension and with such additional information as the city council may require. If the city council or the bureau on its own initiative shall determine that a comprehensive background and investigation of the applicant is necessary, it may conduct the investigation itself or contract with the bureau for the investigation. In addition, an investigation may be required prior to renewal of an existing "on -sale" license when the city council deems it to be in the public interest to do so. (b) No "on- sale" license shall be issued, transferred or renewed under this article if the results of the investigation show, to the satisfaction of the city council, that issuance, transfer or renewal would not be in the public interest. (c) An investigation fee shall be charged an applicant by the city in such amount as may be imposed, set, established and fixed by the city council, by resolution, from time to time. State law reference- Similar provisions, M.S. 340A.412, Sec. 5 -74. Licenses prohibited in certain areas. No license shall be issued under this article for premises located within the areas restricted against commercial use through zoning ordinances or other proceedings or legal processes regularly had for that purpose, except that licenses may be issued for sale in restaurants in premises which have been restricted against commercial uses since the establishment of such restaurants therein, and no license shall be issued contrary to the provisions of any ordinance, or any special law restricting areas within which intoxicating, 1 i quor may be sold. No license shall be issued under this article for premises or places in which the sale or use thereof has been prohibited by the state intoxicating liquor act. (Code 1965, S.S. 703.130 (1)) State law reference- Similar provisions, M.S. 340A.412, Subd. 4. Sec, 5 -75. Licenses in connection with premises of another; no more than one license for any one person. (a) No license shall be issued under this article to any person in connection with the premises of another to whom no license could be issued under the provisions of the state intoxicating liquor act; provided that, this provision shall not prevent the granting of a license to a proper lessee by reason of the fact that he shall lease premises of a minor, non- citizen or a person who has been convicted of a crime other than a violation of the state intoxicating liquor act. (b) No more than one license shal 1 be issued under this article to any person in the city. (Code 1965, S.S. 703.130 (4), (6)) State law reference-Similar provisions to subsection (a), M.S. 340A.412, Subd. 5. Sec. 5 -76, No more than one license for any one person or premises; unlawful to possess interest-in more than one license. (a) No more than one intoxicating liquor license shall be directly or indirectly issued under this article to any one person or for any one place in Othe city. (b) It is unlawful for any person, partnership or corporation to knowingly have or possess a direct or indirect i nterest in more than one license i n the city and upon conviction therefor the city council may immediately revoke all licenses in which such person, partnership or corporation has an interest. The term "interest," as used in' this section, shall be as defined in Section 340.13, subdivision 3, Minnesota Statutes. (Code 1965, S.S. 703.130 (5)) State law reference- Similar provisions, M.S. 340A.301, Subd. 7. Sec. 5 -77. Posting of licenses. A license issued under this article shall be posted in a conspicuous place in the premises for which it is issued. (Code 1965, S.S. 703.140 (9)) State law reference- Similar provisions, M.S. 340A.410, Subd. 4. Sec. 5 -78. Licenses in drug stores. No license shall be granted under this article to any person who operates a drug store, until such person shall hve operated such store continuously for a period of two (2) years, or shall have purchased a drug store that shall have been in continuous operation for two (2) years or more. State law reference- Similar provisions, M.S. 340A.412, Subd. 7. Sec. 5 -79. Federal permits as a condition to license. No license granted under this article shall be effective until a permit shall be issued to the licensee under the laws of the United States, if such a permit be required under such laws (Code 1965, S.S. 703.190)0 State law reference - Similar provisions, M.S. 340A0 Sec. 5 -80. Responsibilities of licensees as to licensed and adjacent premises; gambling, prostitution, etc.; age requirements for employees; exceptions. (a) Every licensee under this article shall be responsible for the conduct of his place of business and for conditions of sobriety and order therein. (b) No licensee under this article shall keep, possess or Operate, or permit the keeping, possession or operation of, on the licensed premises, or in any room adjoining he licensed premises, any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control to be used as a resort for prostitutes or other disorderly persons; except that, gambling devices may be kept or operated and raffles conducted on licensed premises and adjoining rooms when such activities are licensed by the local unit of government pursuant to Section 349.26, Minnesota Statutes. (c) No person under — eighteen (18) years of age shall be employed in any rooms constituting the place in which intoxicating' liquors are sold at retail "on-sale"; except that, persons under } eighteen Ha years of age may be employed as musicians or to perform the duties of a busboy or dish washing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail "on- sale." (Code 1965, S.S. 703.140 (6), (7), (8); Ord. No. 352, S.S. 1, 6- 21 -73; Ord. No. 385, S.S. 11 5 -1 -75; Ord. No. 421, S.S. 11 5- 26 -77) State law reference - Similar provisions, M.S. 340A.412. Sec. 5 -81. Operation of coin - operated amusement devices by minors in barrooms. Coin- operated amusement devices may not be used by any person under the statutory age of majority in any intoxicating liquor dispensing barroom in the city licensed under this article. (Ord. No. 385, S.S. 703.140 (11), 5 -1 -75) Sec. 5 -82. Racial discrimination by clubs. Notwithstanding any provisions of, law to the contrary, no license for the "on- sale or "off -sale" of intoxicating liquor shall be issued or renewed by the city under this article to any club which discriminates against members or applicants for membership or guests of members upon the basis of race. For purposes of this section, the terms used herein shall have the meanings ascribed to them by Section 348.101, Minnesota Statutes. State law reference - Similar provisions, M.S. 340A.410, Subd. 6. Sec. 5 -83. Transfers or licenses; transfers of corporate stock; change of corporate officers. (a) No license granted under this article shall be transferable from person to person or from place to place without the consent of the council, which consent shall-be by resolution passed by the council. (b) Where a license is held by a corporation, a change in ownership of 10 percent or more of the stock of the corporation must be reported in writing t0 the city council within ten days of the transfer. (c) The transfer of stock in any corporate license shal 1 be deemed a transfer within the meaning of this section, and n0 such transfer of stock shall be made without the consent of the council. It is hereby made the duty of the officers of any corporation holding a license issued under the authority of this article to notify the council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer shall be effective without the consent of the council given in the manner above set forth. The transfer of any stock without the knowledge and consent of the council shall be deemed sufficient cause for revocation by the council of any license granted to such corporation under the authority of this article. (d) Such corporate officers mentioned in subsection (b) of this section shall also notify the council whenever any change is made in the officers of any such .corporation, and the failure to so notify the council shall likewise be sufficient cause for revocation of any liquor license granted to such corporation. (Code 1965, S.S. 703.180) State law reference- Intoxicating liquor license non - transferable without consent of authority issuing it, M.S. 340A.412, Subd. 9. Sec. 5 -84. Suspension or revocation of licenses issued under article. The authority issuing or approving any license or permit pursuant to the state intoxicating liquor act and this article may either suspend for not to exceed sixty (60) days or revoke such license or permit or impose a fine of up to $2,000 for each violation upon a finding that the licensee or permit holder has failed to comply with any applicable statute, regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee or permit holder has been afforded an opportunity for a hearing pursuant to Sections 14.57 to 14.69, of the Administrative Procedure Act. (Code 1965, S.S. 703.220) State law reference - Similar provisions, M.S. 340A.304. Sec. 5 -85. Temporary liquor licenses - Non - profit organizations. Notwithstanding any other provision of this chapter, a club or charitable, religious, or other non-profit organization in existence for at least three (3) years may obtain an on -sale license to sell intoxicating liquor for consumption on the licensed premise only and in connection with a social event within the city sponsored by the licensee. The license may authorize on -sales on the premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on -sale intoxicating liquor license issued by the city. The fee for such license shall be one hundred thirty -five dollars ($135.00) per day, and shall be issued for not more than three (3) consecutive days. No organization shall be granted more than two (2) such licenses per calendar year. (Ord. No. 608, S.S. 1, 8- 24 -87) Cross reference- Authorized activities of certain non - profit organizations, S.S. 15 -26 et seq. Sec. 5 -86. Same - Application. Application for such temporary licenses shal l be on forms provided by the city clerk and shall contain such information as specified by the city clerk including the following: (1) The name, address and purpose of the organization, together with the names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates, and hours during which wine or intoxicating liquor will be sold. (3) Consent of the owner or manager of the premises, or person or group with lawful responsibility for the premises (Ord, No. 608, SOS. 11 8-24-87) Secs. 5 -87 to 5 -95. Reserved, DIVISION 20 "ON- SALE" AND "OFF- SALE" LICENSES* Sec. 5 -96. Established, There are hereby established the following city i ntoxi cati ng liquor 1 i censes : (1) "On- sale." (2) "Off- sale." (3) "Limited off - sale." (Ord. No. 375, S.S. 2 (SOS. 703.071), 9- 19 -74) Sec, 5 -97. Amount of license fees. The amount of the license fee for each type of license issued under this division shall be such amount as may be imposed, set, established and fixed by the city council, by resolution, from time to time. (Code 1965, S.S. 703.100; Ord, No. 229, S.S. 2, 9- 26 -67; Ord. No. 375, S.S. 3, 9- 19 -74; Ord. No. 416, S.S. 1, 4- 28 -77; Ord. No. 424, S.S. 1, 6- 23 -77) Sec. 5 -98. Sunday sales licenses for "on- sale" licensees. The holder of an "on -sale" liquor license under this article may apply to the council for a Sunday sales license pursuant to which such licensee may sell intoxicating liquor between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food. The application for such license shal 1 be made at the same time and upon the same application as the "on- sale" licensee uses to apply for his "on -sale" license or renewal thereof. If the first application for a Sunday sales license i s made before the time for renewing the "on -sale" license, the clerk may provide for a supplementary application by means of which the application for the special Sunday license shall be made. No such Sunday sales license shal 1 be issued to any "on -sale" licensee unless such licensee is operating a bona fide restaurant serving meals regularly to the public and having facilities for serving at least thirty (30) diners at the same time. Under such license, liquor may be served on Sundays only to people seated at restaurant or dining room tables. (Ord. No. 229, S.S. 11 (SOS. 703.151), 9- 26 -67; Ord. No. 589, S.S. 1, 1- 27 -86) State law reference- Authority for above section, M.S. 340A.5040 *Cross reference - Licenses generally, Ch. 17. Sec. 5 -99., Special club licenses - Generally. An "on -sale" liquor license may be issued by the council to a bona fide club which has been in existence for twenty (20) years and which is duly incorporated under the laws of the state. In the case of congressionally chartered veteran's organizations, such clubs shall have been in existence for ten (10) y ears p rior to January 1, 1961. (Code 1965, S.S. 703.010). Sec. 5 -100. Same -Sales limited to members only. Any special club license issued under section 5 -99 of this division shall be a license for the sale of intoxicating liquors to club members only. (Code 1965, S.S. 703.030), Sec. 5 -101. Same- Unlawful discrimination by licensee. (a) It is unlawful for any licensee under section 5 -99 of this division to discriminate against any person, or group of persons, because of race or color of such person or group of persons in its membership conditions or requirements. (b) It is unlawful for any licensee under said section 5 -99 to use any form' of application for membership or make any record or inquiry in connection with application for membership concerning race or color. Ord. No. 282 S.S. 1 (S.S. 703-031), 4- 15 -71) Sec. 5 -102. Same - License fee and application. The license fee for a special club license issued under section 5 -99 of this division shall be in such amount as may be imposed, set, established and fixed by the city council, by resolution, from time to time, and the applicant shall make application therefor on a form to be furnished by the clerk. This application shall be in substantially the same form as an application for a public "on -sale" liquor license. (Code 1965, S.S. 703.040) Sec. 5 -103. Same - Licensee subject to all Code provisions appli- cable to intoxicating liquor licenses. The holder of a license i ssued under section 5 -99 of this division shall be subject to all of the provisions of this Code pertaining to the issuance of intoxicating liquor licenses. (Code 1965, S.S. 703.050) Sec. 5 -104. Same - Bonds. No special club license shall be granted under section 5 -99 of this division until a bond in the amount of three thousand dollars ($3,000.00) has been furnished, approved and filed by and with the proper city officers. The surety on such bond shall be by a surety company duly licensed to do business in the state and the bond shall be approved as to form and execution by the city attorney. All bonds when approved by the proper city officers shall be deposited with the city clerk. Such bonds shall be conditioned in the same manner as the bonds provided for in section 5 -109 of this division relating to the sale of intoxicating liquor. (Code 1965, S.S. 703.060) Sec. 5 -105. Application- Generally; payment of license fee, etc. (a) Any person desiring a license to sell intoxicating liquor in the city shall make his verified application in writing to the city council and shall file the same with the city clerk. Such application form shall require that the following information be set forth upon the application, and such further information as may be required by the state commissioner of public safety, the council or the clerk: (1) The name and place of residence of the applicant. (2) The location of the premises upon which the applicant proposes to sell such liquor and an exact description of'the particular place within the building structure where such sales are proposed. (3) Whether the applicant has ever been engaged in a similar business, and, if so, the location thereof and the dates when so engaged. The application shall be signed and verified by the applicant in person, and, if the applicant is a corporation, by an officer of the corporation. (4) A copy of the private club attached; and the applicant or indirectly as to race or bylaws of any corporation or which is an applicant shall be no license will be issued to if such bylaws express directly any limitation or discrimination color. (b) Upon receipt of the application and the proper amount of the license fee, the clerk shall deliver to the applicant. a receipt therefor, which receipt shall contain a statement of the purpose for which such deposit was made. (Code 1965, S.S. 703.080; Ord. No. 282, S.S. 2, 4- 15 -71) Sec, 5 -106. Same - Investigation of applicant; inspection of premises; council hearing; grant or denial of license; etc. (a) An application for a license under this division shall be forth with transmitted by the city clerk to the director of public safety or his investigation, which shall i Y • g include inspection of the premises by the fire marshal and a search to determine whether or not the applicant has a police record. p {b} Upon completion of the investigation under subsection (a) of ' , this section, the director of public s safety shall report his f i nd i n s to the city t council at ,a public hearing g y p a ing on said application held according to law. {c} The city council shall either grant or deny application the for a license under this division after the public hearing held under subsection b of this section. (Code 1965, S.S. 703.110) State law reference- Investigation of "on- sale" license applicants, M.S. 340A.412, pp � Sec. 5 -107. Same - Granting; "on- sale" non- intoxicating malt beverage license to be surrendered before issuance of "off- sale" intoxicating liquor license; state and city council approval of bonds and licenses; etc. (a) Where the application under this division is for an "off -sale" liquor license and the applicant is the holder of an "on -sale" non-intoxicating alt liquor 'l i cense heretofore issued ued by the council to sell such non-intoxicating malt liquor for consumption on the premises, the council shall not off -sale" liquor rant such " uor licen g q se until the applicant surrenders his license to sell non - intoxicating malt liquor for consumption on the premises. (b). If an "off -sale" license is granted under this division, the resolution granting it shall direct the clerk to issue the license whenever the bond required by this division has been approved by the council and the state commissioner of public safety, and he advises the clerk that he approves of the issuance of the license to the particular applicant. (c) If an "on -sale" license is granted under this division the resolution of the city council shall direct the clerk to issue the same whenever the bond required by this division has been approved by the council. Code 1965 S.S. 703.110) State law references - "Off -sale" intoxicating liquor license p rohibited for place where non - intoxicating malt beverages sold for consumption on remises M.S. 340A.412 subd. 6• P requirement that state commissioner of public safety must approve off -sale intoxicating liquor licenses and bonds, M.S. 340A.412 su d. 1; requirements for bond, liability insurance policy, etc., and approval by city council M.S. 340A.412, subd. 1. Sec. 5 -108. Same - Denial of license; deposit for license fees to be refunded; investigation fees and charges non - refundable. Should the application for a license under this division not be granted, the resolution denying the same shall authorize and d rect the proper city off i c • al s to refund to the applicant the deposit for license fees made at the time of the filing of the application. Any amount paid by the applicant for the conducting ducting of an investigation of the applicant shall be kept and retained by y the city. (Code 1965, S.S. 7031.110) Seca 5 -109. Bonds required from licensees. (a) No "on -sale" license under this division shall be granted until a bond in the amount of three thousand dollars ($3,000-00) has been furnished, approved the city council and filed wi th the proper city officers. Such bond shall cover both the regular "on -sale" license and any Sunday sales license issued to the same licensee. (b) No "off -sale" license under this division shall be granted until a bond in the sum of one thousand dollars ($1,000.00) shall be furnished and approved b the state commissioner of pp • Y public safety and the city council, and filed with the proper city officers. (c), The surety on a bond required by subsection (a) or (b) of this section shall be a surety company duly licensed to do business in the state and the bond shall be approved as to form and execution by the city attorney. Y (d) All bonds required by subsection a or b of this section when approved by the proper city or state officers, shall be deposited with the city clerk. (e) All bonds required by subsection (a) or (b) of this section, whether for an "off- sale" or "on -sale" license, shall be conditioned as follows: (1) That the licensee will obey the law relating to such licensed business. (2) That the licensee will pay to the city, when due, all taxes, license fees, penalties and other charges provided by law. (3) That in the event of any violation of the provi- sions of any law relating to the business for which the license has been granted for the sale of intoxicating 1 i quor, such bond shall be forfeited to the city. (4) That the licensee will pay, to the extent of the principal amount of such. bond, any damages for death or injury caused by or resulting from the violation of any provisions of law relating to the business for which such licensee has been granted a license, and further conditioned that such recovery may be had also against the surety on his bond. The amount specified in any bond required is declared to be a penalty and the amount recoverable shall be measured by the actual damages, provided, however, that the surety thereon shall not be liable for any amount in excess of the penal amount of the bond. (5) All such bonds shall be for the benefit of the obligee and all persons suffering damages by reason of the breach of the conditions thereof. Such bonds shall run to the city as obligee, and in the event of a forfeiture of any such bond for violation of the law, the District Court of Ramsey County may forfeit the penal sum of the said bond, or any part thereof, to .the city. (Code 1965,.S.S. 703.080, Ord. No. 229, S.S. 31 9- 26 -67). State law reference- Amounts and conditions of bonds furnished by "off -sale" and "on -sale" intoxicating liquor licensees, M.S. 34OA.412. Sec. 5 -110. Certain premises ineligible for license. (a) No "on- sale "l i cense shall be initially i ssued for the first time under this division for premises located within one thousand (1,000) feet of any school building or church building located within the city. (b) No "off -sale" license shal 1 be initially i ssued for the first time under this division for premises located within one hundred (100) feet of any church or school building in the city. (c) No "off- sale" license shall be issued under this division for an lace any non - intoxicating malt beverages are sold for consumption on the premises. (Code 1965, S.S. 703.130 (2), (3)) . State law references- Authority for subsections (a) and (b). M.S. 340A.412, subd. 4. Sec. 5 -111. Duration. Licenses granted under this division shall all expire on December thirty -first of each year. (Code 1965, S.S. 703.200) Sec. 5 -112. Extent of licensed premises. No "on -sale" or "off -sale" license issued under this division shall be effective beyond the compact and contiguous space named there for which the same was granted. Licensed premises are the premises described in the approved license - application. (Code 1965, S.S. 703.140 (10), 708.180) State law reference - Similar provisions, M.S. 340A.101, subd. 14. Secs. 5 -113 to 5 -125. Reserved. DIVISION 3. "ON -SALE WINE LICENSES "* Sec. 5 -126. Definitions. For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them: "On -sale wine licenses": Licenses authorizing the sale of wine not exceeding fourteen (14) percent alcohol by volume, for consumption on the licensed premises only, and in conjunction with the sale of food. . Restaurant: An establishment under the control of a single proprietor or manager, having appropriate facilities for serving meals and seating not fewer than thirty (30.) guests at one time, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests. Seating: The usual and regularly available seating accommodations for guests of the establishment to sit at tables for the purpose of eating meals. (Ord. No. 451, S.S. 707.010, 9- 7- 78)M.S.340A.1O1, subd. 25. Cross reference -Rules of construction and definitions generally, S.S. 1 -41 et seq. State law reference-Similar def i n i ti ons ' of the terms "on-sale wine licenses" and "restaurant," M.S. 340A.404, subd. 5. *Cross reference- Licenses generally, Ch. 179 State law reference - "On -sale wine licenses," M.S. 340A.404, subd. 5. Sec, 5 -127. Required; exceptions. No person, except wholesalers or manufacturers to the extent authorized under state license, the municipal liquor dispensary and those having an "on -sale" intoxicating liquor license issued under division 2 of this article, shall directly or indirectly deal in, sell or keep for sale any wine without first having a license to do so as provided for in this division. (Ord. No. 451, S.S. 707.040, 9 -7 -78) Sec. 5 -128. Issued only to restaurants. "On -sale wine licenses" shall be issued only to restaurants meeting the requirements of this division. (Ord. No. 451, S.S. 707.020, 9 -7 -78) State law reference -City may issue "on -sale wine license" only to restaurant having facilities for seating not fewer thanes thirty (30), guests at one time, M.S. 340A.404, subd. 5. Sec. 5 -129. Number unlimited. The number of "on -sale wine licenses" which may be issued under this division shall be unlimited. (Ord. No. 451, S.S. 707.050, 9 -7 -78) State law reference - Authority of city to issue "on -sale win license" to any restaurant having facilities for seating no fewer than twenty -five (25) guests at one time, M.S. 340.11, subd. 20 (c). Sec. 5 -130. Applications; payment of annual license fee; refund of license fee upon rejection or withdrawal of application; no additional license fee upon incorporation of licensee. (a) The annual license fee shall be paid in full before an application for a license under this division is accepted. (b) Upon rejection of any application for a license under this division, or upon withdrawal of an application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. (c) Where a new application is filed as a result of the incorporation of an existing licensee, and the ownership, control and interest in the license under this division are unchanged, no additional license fee will be required. (Ord. No. 451, S.S. 707.060 (2), (3), 9 -7 -78) Sec, 5 -131. Approval by state commissioner of public safety. Licenses issued pursuant to this division shall not be effective until approved by the state commissioner of public safety. State law reference - Similar provisions, M.S. 340A.404, subd. 5. Sec, 5 -132. Annual license fees. .(a) The annual license fee for an "on -sale wine license" issued under this division shall be based upon the seating capacity of the establishment to be licensed. Those license fees shall be in such amounts as may be imposed, set, established and fixed by the city council, by resolution, from time to time. (b) All license fees under this division shall be paid into the general fund of the city. (Ord. No. 451, S.S. 707 -060 (1), (2), 9 -7 -78) Sec, 5 -133. Hours of sale of wine. Holders of an "on -sale wine licenses" issued under this division shall at all times observe the following restrictions upon the hours of the sale of wine. No sale of wine shall be made after 1:00 a.m. on Sunday until 8:00 a.m. on Monday, or shall be made between teh hours of 1:00 a.m. and 8:00 p.m. on the day of any statewide or city election. No sale of wine shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Sunday. (Ord. No. 451, S.S. 707.030, 9 -7 -78) Sec. 5 -134. Duration. All licenses issued under this division shall expire on the thirty -first day of December of each year. (Ord. No. 451, S.S. 707.070, 9 -7 -78) Sec. 5 -135. Temporary wine licenses- Non - profit organizations. Notwithstanding any other provision of this chapter, a bona fide non-profit charitable, religious or veteran's organization may obtain an on -sale license to sell wine not exceeding fourteen (14) .percent alcohol by volume for consumption on the licensed premises only. The fee for such license shall be one hundred thirty -five dollars ($135.00) per day, and licenses shall be issued for periods not to exceed three (3) consecutive days. No organization shall be granted more than two (2) such licenses per calendar year. (Ord. No. 608, S.S. 21 8- 24 -87) Cross reference- Authorized activities of certain non - profit organizations, S.S. 15 -26 et seq. Sec. 5 -136, Same- Application. Application for such temporary licenses shal 1 be on forms provided by the city clerk and shall contain such information as specified by the city clerk including the following: (1) The name, address and purpose of the organization, together with the names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates and hours during which wine or intoxicating liquor will be sold. (3) Consent of the owner or manager of the premises, or person or group with lawful responsibility for the premises. (Ord. No. 608, S.S. 2, 8- 24 -87) Sec. 5 -137. Same - Application of other provisions to sections 5 -135 through 5 -137. The following provisions of the Maplewood Code shall not apply to temporary wine licenses granted under sections [5 -135 through 5 -1371: Sections 5 -128, 5 -130, 5 -131, 5 -132 and 5 -134. (Ord. No. 608, S.S. 2, 8- 24 -87) Secs. 5 -138 to 5 -145. Reserved. DIVISION 4, BOTTLE CLUBS* Sect, 5 -146. Definition For the purposes of this division, a bottle club is a "club," as defined in Minnesota Statutes, Section 340A.101, subdivision 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in such section and subdivision, and which is not licensed for the sale of intoxicating liquor, either "on -sale" or "off - sale," or both. Cross reference -Rules of construction and definitions generally, S.S. 1 -41 et seq. State law reference - Similar provisions, M.S. 340A.414, subd. 2. *State law preference- Bottle clubs, M.S. 340A.4140 Sec. 5 -147. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display, etc., intoxicating liquor, etc. (a) A bottle club holding a permit issued under Minnesota Statutes, Section 340A.414,subd: 2. may allow members to bring and keep a personal supply of intoxicating liquors in lockers assigned to such members. A bottle club or any unincorporated society which shall have more than fifty (50) members and which shall have, for more than a year, owned, hired, or leased space in a building of such extent and character as may be suitable and adequate for reasonable and comfortable accommodations for its members, and which holds a permit issued under Minnesota Statutes, Section 340A.414, may allow members to bring and keep a personal supply of intoxicating liquors in lockers assigned to such members. Every bottle, container, or other receptacle containing intoxicating liquor stored by members shall have attached to it a label signed by the member of the club. All liquor on the premises of the club shall be labeled as herein required, and any not being actually used or consumed by the owner thereof shall be kept in a locker designated to the use of such member. (b) It shall be unlawful for any club member under twenty one 21 years of age to be assigned a locker for the storage of intoxicating liquor, or to consume or display or be permitted to consume or display intoxicating liquor on any premises owned or controlled by such private club holding a permit issued under Minnesota Statutes, Section 340A.415, Sec, 5 -148. Required state permit to be issued only after approval by city council and payment of local license fee to the city. It is unlawful in the city for any bottle club or for any business establishment, directly or indirectly, or upon any pretense or by any device to allow the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor without having first obtained a permit therefor. Such permit may be issued by the state commissioner of public safety, after approval by the city council and the payment of the local license fee therefor imposed by the city council, pursuant to Minnesota Statutes, Section 340A.415, subd. (5)-(6) for a period of one year to expired on July first, u y rst, next following issuance of such license, and must be renewed annually on July first. Application for such permit shall be made to the state commissioner of public safety. State law reference - Similar provisions, M.S. 340A.415, subd. 5 -6. Sec. 5 -149. Local annual license fee imposed. Whenever any person, association -or corporation, owning or operating any private club or public place, in the city, applies for a permit from the state commissioner. of public safety pursuant to Minnesota Statutes, Section 340A.414, subd. 6, such applicant shall be required to obtain the approval of the city council and to pay to the city a local license fee which is hereby imposed in the amount of three hundred dollars ($300.00), for any one year, or any part thereof, expiring on the subsequent July first next following the issuance of such license. Said permit, council approval and local license fee payment must be renewed annually on July first. If such permit is applied for by a non - profit organization or by a governmental unit, the operation of which is determined by the council to be of civic benefit to the city, then the council may approve the issuance of a permit to such non - profit organization or governmental unit at an annual local license fee of not less than five dollars ($5.00) per year; provided that, the permit is for :less than five (5) days per year. (Code 1965, S.S. 704.010, Ord. No. 363, S.S. 1, 5- 16 -74) State law reference -Author i ty conferred upon city council to impose a local license fee not exceeding three hundred dollars ($300.00) per year on bottle clubs holding state permits, M.S. 340A.414, subd. 6. Sec. 5 -150. Hours of consumption or display of intoxicating liquor. No person shall consume or display, or allow consumption or display of intoxicating 1 i quor on any premises of a bottle club or a business establishment holding a permit issued under Minnesota Statutes, Section 340.119, between the hours of 1:00 a.m. and 8:00 a. m. or between the hours of 1:00 a.m. and 3 :00 p.m. on Memorial Day; or between the hours of 1 :00 a.m. and 8:00 p.m. on any state or city primary, special or general election day held in the city. State law reference - Similar provisions, M.S. 340A.414. Sec. 5 -151. Premises open for inspection Any bottle club or business establishment holding a permit issued under Minnesota Statutes, Section 340A.907 and allowing the consumption or display of intoxicating liquor shall be open for inspection at all times by the state commissioner of public safety and his designated agents, and other duly authorized peace officers. Refusal to permit the commissioner of public safety and his designated agents or other duly authorized peace officers to enter and inspect the premises shall be a violation. State law reference - Similar provisions, M.S. 340A.907. Sec. 5 -152. Approval of city council for permit not to be given if holder of federal retail liquor dealer's special tax stamp is on board of directors, etc., of bottle club, or owns business establishment, etc. No approval by the city council of a permit required by Minnesota Statutes, Section 340A.414, shall be given to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members or when the business establishment or the owner thereof holds a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquors. State law reference - Similar provisions, M.S. 340A.4140 Sec, 5 -153. Division not applicable to licensees under division 2 of this arti,cl e. This division has.no application to any person or any premises licensed for the sale of intoxicating 1 i quor under the state intoxicating 1 i quor act and division 2 of this article, but any such person or premises, being a business establishment, is eligible for a permit authorized by Minnesota Statutes, Section 340A.414. State law references- Similar provisions, M.S. 340A.414. Sec. 5 -154. Violations of division. A violation of this division is a misdemeanor, and any violation of section 5 -147 of this division is grounds for the revocation of such permit by the state commissioner of public safety. State law reference- Similar provisions, M.S. 340A.7019 Sec. 5 -155. Seizure and disposal of intoxicating liquor sold, served, etc., in violation of division. Intoxicating liquors sold, served or displayed in the presence of anyone authorized to inspect the premises, as provided in this division, in violation of this division, shall be subject to seizure for purposes of evidence and, contingent upon determination by a court, shall be disposed of as provided in Section 340A.904 Minnesota Statutes. State law reference- Similar provisions, M.S. 340.9040 AGENDA REPORT TO: Mayor and City Council r FROM: City Manager RE: POLICE CIVIL SERVICE COMMISSION APPOINTMENT DATE: July 17, 1989 BACKGROUND AGENDA N0. 1714 — / Action by Council Endorsed,®. Mo dffi ed„� Rejected., Date In response to our notices in the Maplewood Review and Maplewood -In- Motion, we received requests for applications from 13 residents. Of these, the following people submitted completed applications for our review: Rod Breheim Edward Leier Robert Dollershell Robert Leo Norman Green Kevin Martin William Johnston Gary Salkowicz A letter was sent to all eight applicants asking them to call this office to set up an interview. Rod Breheim, Robert Dollershell, Norman Green Edward Leier, - Robert Leo and Kevin Martin responded. I met with each of these applicants pp to discuss their knowledge and concerns regarding police functions, their interests and the role of the Police Civil Service Commission. RECOMMENDATION It is recommended that Robert Dollershell be appointed to the Police Civil Service Commission. He is a ten -year resident of Maplewood with 29 years experience in law enforcement - 8 -1/2 of those years as a Chief of Police in Minnesota; he is active in the community and is interested in maintainin g the currently high quality of the Maplewood police force. He will be at the Council meeting on July 24, ACTION REQUIRED Appoint Robert Dollershell to a three -year term on the Maplewood Police Civil Service Commission 1 � AGENDA ITEM v Aotllon AGENDA REPORT Endors a .. Madif i ed. TG: City Manager Re j ected E OM: Assistant City Engineer Dat k s1 SUBJECT: Brook- e . Ave n to Water Main _ Hazelwood to Germain,, Project 88-08--Aeseeement Hearing DATE: Jul l y 17, 1989 i The assessment record +or the SUbj ect project is hereby transmitted. A resolution to adopt the assessment roll is attached, BAI jw Attachments ` RESOLUTION ADOPTION OF THE ASSESSMENT ROLL ' WHEREAS, pursuant to,proper notice duly given as required by law, the city council has met and heard and passed upon all objections to the proposed assessment for the construction of Brooks Avenue Water Main--Hazelwood to Germain, as described in ^ . the files of the city clerk as Project 88-08, and has amended such proposed assessment as it deems Just c r , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: l. Such proposed Assessment, as amended, a coy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement int he amount of the . assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of twenty years, the first bf the installments to be payable on or after the first Monday in January 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid instal 1ments.. ' ` 3. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the ` cost of this improvement paid for from Municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the ' improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section 420.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The clerk shall 'forthwith transmit a certified duplicate of this assessment to the county auditor to be extended don the property tax lists of the county, and such assessments 'shall be collected and paid over in the same manner as other municipal taxes. AGENDA ITEM '� /L/ ' Action by Council: AGENDA REPORT ' Endorsm . Modif ie TO: City Manager -~--~�--' ' Rejecter]�~�~�_�_ FROM: _Assistant City Engineer SUBJECT: Kell er Parkway/County Road C Water Main Project 88-10 ~ , u --Assessment Hearing DATE: July 17, 1989 The assessment record for the s.bJect project is hereby transmitted. A letter appealing the assessment is attached. A resolution to adopt the assessment roll is also attached. BAI jw Attachments RESOLUTION ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed upon all objections to the proposed assessment for the construction of Keller Parkway/County Road C water main, as described in the files of the city clerk as Project 88-10, and has amended Such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: l. Such proposed assessment, as amended, a coy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement int he amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of twenty years, the first of the installments to be payable on or after the first Monday in January 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of the adoption of this assessment resolution. To the first installment' shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. - 3. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessment,s on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council , as /authorized by Minnesota Statutes Section 420.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. r 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended don the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. ivionday 7/10/8) L u c to 'lure 1 i us r City Of .* lap la.-Wood 10 3 J . C o u.-.i ty Rd b` i4aplewood, tdianesota 55109 .114-1" ENTIFICATION In response to tne assasSment hearing on PAR�14M IDZN A- t OJ--2 9-22-.-)..2.-;9)�..J3. Vve tie undersigned' object to tne artioun... of the assessment for tnis reason. Siiown on the enclosed roug1i draft of t;*-iis parcel of land is,a 77 ft. strip of non-• buildable peat soil. Over ta.-.a past 12 year's I have had to jack up the garage nearly 18 ilickies due to Ei.-a. settling on Bottomless peat soil. The floor in tne garage nas cracked in every direction. We welcome the City ... 1 11 --.3 - is ;wilding at any time, .Eagi-eer to inspect t.,,-A -3 , In the Spring of 1930' a oarty waS interested in buying 73* ft.of t1fie-N westerly side of this parc:.:.,.l ol-"-' land, '.io,.qc- ver -%Vnen he heard deep C parcel we heard no more of tnere was 60 ft* WD"Co. of peat on that nim Li .e nearly, --..--j.,very one else on our s-t-r.-a-let Tae need city water and are t.L '-in ik, I aful it will soon be available to us. Tle most certainly expect to pay our fair share but not for property that will never be a ouilding SiLe. Ti-lan'.1-C.you for your cons idarat ion . S i nce re 1 y ce - 2, line T ff.—&—TS-1ereS-Da L. 'Stalike 910 E. County Rd. C. lAaple,vaood, Minnesota 3310 9 JUL 1 0 1989 . ' ~ oo , E-4 ccu _. ` .. / `� \ | � ' _ ' n IDS T-r O J" - 2' 3 - 2 2 - 2 2 - D O O 3 ---- --- �� «� ' . . ` / . / '------- - '------ -----� '^ ------' ~------- -----' ] ------ ---'' - FED