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HomeMy WebLinkAboutpf_0185700 ro�Ul 0 H H z t-4 c • CITY OF ROSEVILLE 2660 Civic Center Drive Roseville, Minnesota 55113 Please check item or items for which you are applying: Rezoning $100 _ Division of Platted Lot $50 _ Special Use Permit $100 Relocation of Dwelling $50 _ Vacation of Right -of -Way $100 — Variance to Zoning Ordinance $50 Preliminary and Final Plat $100 _ Minor Variance $25 Please complete form by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper item numbers: A. Roseville Area Schools Independent District No. 623 633-8150 Name of Owner: (First) (Middle) (Last) (Phone) 2. 1251 W. Co. Rd. B-2 Roseville Mn 55113 Address of Owner: (No. and Street) (City) (State) (Zip) 3, Gerald H. Kaufhold 484-1415 Name of Applicant: (First) (Middle) (Last) (Phone) 4. 1123 W. Co. Rd. B Roseville Mn 55113 Address of Applicant: (No. and Street) (City) (State) (Zip) 5. Lexington School Site S.W. Corner of Lexington Ave. & Co. Rd. B Street Address of Property Involved: 6. Complete Legal Description of Property Involved: See attached. 1. Date Property Acquired: Purchase Agreement was signed 6/l/87. SchoollPark 8. Present Use of Property: School Proposed Use of Property: & Single F,mily; Homes 9. Present Zoning of Property: R-1 SchooProposed Zoning of Property: R-1 School 10. What plan or change makes this request necessary? The new property owner desires to sell the 8 residential lots enti ie on Me preliminary plat, dedicate in excess of 10% of the property to the city and continue the lease on the existing school building to Public School District 916. 11. What is the expected effect of the proposed change? (For example, on property values, health, safety, parking, traffic conditions,.etc.) There would be no adverse affect on any of the above since the north half of the site would remain as is and the south half would remain R-1 and be compatible with the surrounding residential property. ti -2- 12. For Rezoning Only: A. If property to be rezoned is currently zoned in two or more zoning classifications, set forth the legal description of each such separate zoning classification. B. If proposed rezoning will rezone the property into two or more separate zoning classifications, set forth the legal description of each such separate zoning classification. 13. For Special Use Only: A. City Code Section authorizing special use permit: 14. For Vacation of Right -of -Way Only: A. A petition must be submitted, signed by at least 51% of the abutting property owners. The original statement in the petition should be as follows: "We, the undersigned., owners of at least 51% (fifty-one percent) of the property abutting request that this section of right-of-iaay be vacated because it is no longer of value to the general public." All property owners signing the petition shall list their address and legal description of their proper-Ly. 15. For Platting Only: A. Number of Lots: 10 B. Subdivision to be known as: Lexart C. Engineer: Name Phone D. Land Planner: Name Buetow & Associates, Inc. Phone 483-6701 16. For Division of Platted Lot Only: A. Separate legal description for each.newly created lot shall be provided. 17. For Relocation of Dweliiag Only: A. 'ih� legal description shall be of the land upon which the building is to be moved. B. The application shall be accompanied by a written consent and approval of at least 50% of the property owners within 250 feet of, the relocation. r: -3- 18. For Variance Only: A. Variance is requested from the following section of the City Code: B. State exactly what is intended to be done on or with the property which does not conform with the City Code: 9. Applicants requesting a rezoning, special use permit, variance, divi- sion conduct a neigh- borhood sion of lot, or platting g of property are encouraged meeting at least fifteen (15) days before the scheduled Planning Commission Public Hearing, and shall send notices to all of the affected property owners. Affected owners are those listed on the required Abstractor's Certificate. The meeting shall be a time for the applicant to review and explain the proposed development to the owners. This policy applies only when residential property, R-1 through R-8, is listed on the Abstractor's Certificate. This policy does not apply to property proposed for development which is zoned R-1 and will be or continua to be used for single family housing. Please indicate the date that you have met or will be meeting with the affected property owners: Information to be submitted for all applications except minor variance: A.. Application and Fee. B. Abstractor's Certificate listing the NAMES AND ADDRESSES ON LABELS.of' the owners of the land within 250 feet of the boundaries of the property in question as those names appear on the records of the Ramse County Auditor. Hearing notices will be mailed to listed property owners. C. Proposed Plan (2 copies). D. 8 1/2 x 11" reductions of the proposed plan (26 copies). E. Written statement by the applicant which provides the details of the application. The statement will be given to the Planning Commission and City Council along with the City Planner's report. F. Documents as required by the City Planner. -4- 20. Application Process: A. Application and accompanying documents reviewed with the City Staff. B. Completed application presented to the City Council for referral to the Planning Commission for public hearing. C. Planning Commission conducts public hearing and makes recommenda- tion to the City Council. D. City Council conducts public hearing. 21.' The above statements are true and correct to the best of my knowledge. • PURCHASE AGREEMENT VI -A This Purchase Agreement is made and entered into this 12th day of May 1, 1987, by and between Gerald H. Kaufhold, hereinafter referred to as Buyer, and Roseville Independent School District No. 623, hereinafter referred to as Seller. Buyer may sell, assign or transfer all his right, title and interest to the within Purchase Agreement and premises therein described; It being understood, however, that such transfer in no way releases said Buyer from his liability for the performance of, all the terms, covenants and payments under said Purchase Agreement. 1. SALE. The Seiler hereby sells and agrees to convey to the Buyer, and the Buyer hereby agrees to purchase, that certain parcel of real estate, commonly known as Lexington. School land Independent School District No. 623 together with all buildings, improve- ments, hereditaments and appurtenances belonging thereunto and located in the City of Roseville, County of Ramsey, State of Minnesota, and legally described as follows, to -wit: According to Certificate of Title No. 225350, that part of the East 660 feet of the North Half of the Northeast Quarter of 'the Northeast Quarter of Section 15, Township 29, Range 23, lying North of the South 30 feet thereof, according to the U.S. Government Survey thereof; subject to easements of record. PURCHASE PRICE. A. Price. The total purchase price for the above -described prop- erty shall be One Million Eight Thousand and no/100 Dollars ($1,0,08j000.00). B. Payment. The purchase price shall be paid, as follows: (1) Earnest Money: The sum of one Thousand and No/100 Dollars ($1,000.00) shall be paid as and for earnest money as of the date hereof t a further payment of $2000.00 upon execution and approval by Seller; and. an additional $5000.00 payment on November 1, 1987. Commencing January 1, 1988, and monthly thereafter through July 1, 1988, Buyer shall pay to Seller additional eai;aast money hereunder, or be subject to termination as provided for in paragraph 14 herein, the following sums on the dates shown, to wit: 1 VI -A r'• VI -.A January 11 1988 $3500.00 February 1, 1988 $3500.00 March 1, April 1, May 1 June 1, and July 1 $5000.00 each month (2) Cash: The balance of Nine Hundred Sixty -Eight Thousand (6968,000.00) Dollars, cash, shall be paid as of the date of closing. 3. CLOSING. A. Date and Place. The closing shall be held on or before August 1, 1988, at such place and time as the parties shall mutually agree. B. Closing obligations. At closing, the Buyer shall pay the purchase price in the manner hereinbefore provided, and the Seller shall deliver to the Buyer, the following items, and the following duly executed documents, to -wit: (1) A general Warranty Deed conveying marketable title to said premises, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations; b. Restrictions of record as of the date hereof, in any, relating to the use or improvement of the premises which will not interfere with the planned development of the property; c. Utility and drainage easements of record as of the date hereof, if any, which will not inter- fere with the planned development of the pro- perty; d. Permitted encumbrances as shown on Exhibit "Ap hereto. (2) Owner's Duplicate Certificate of Title or a complete Abstract of Title, last continued and cer- tified to within 30 days of the date of closing. The Seller shall pay all State and County Deed Taxes, if any, for the recording of the Warranty Deed, and the Buyer shall pay recording fees. Upon the delivery of the foregoing documents, the Buyer shall pay -the purchase price as hereinbefore stated. -2- VI -A 0 4, 5. 6. POSSESSION. VI -A The Seller agrees to deliver possession of the premises not later than the date of closing, provided, that all conditions of this agreement have been satisfied, or on such earlier date as the parties may mutually agree. TAXES AND ASSESSMENTS. A. Seller. The Seller shall pay, at or before closing, all of the real estate taxes and installments of special assess- ments due and payable in the year 1988 and prior years. The Seller shall also pay, in full, at or before closing, all assessments, levied, pending, certified in the current year's taxes, or otherwise of record, as of the date of closing; except that any special assessments resulting from action taken by the City of Roseville or Ramsey County between the execution of this Agreement and the date of closing will be the responsibility of the Buyer. B. Buyer. The Buyer shall have the obligation of paying all real estate taxes and installments of special assessments (except to the extent that Seller has agreed to pay said assessments) due and payable thereafter. C. Miscellaneous. Nothing herein contained shall be deemed alter any obligation of any tenant under respect to the payment of property taxes assessments. SELLER'S COVENANTS AND WARRANTIES. The Seller covenants and warrants as follows: A. Specific Warranties. to affect or any Lease with or special (1) Title: f The Seller warrants that it has good and exclusive right, title and interest in and to the above described real property, and has the right and ; authority to sell and assign the same. The Seller further warrants that all bills for work done or materials furnished to or in the improvement of the property have been paid in full. (2) Encroachments: The Seller warrants that all buildings and improve- ments on the property are entirely within the boun dary lines of the property, and that there are no encroachments on the subject property. -3- VI -A VI -A (3) Compliance wi`;h Applicable Law: The Seller warrants that: The property fully complies with all existing local, state and federal rules, regulations and laws having application to the condition and ownership of the property, including, without limitation, health and safety and environmental ordinances, codes, and laws; the Seller has received no notice, and has no knowledge of any present code, ordinance, or zoning viola- tions relating to the property from any governmen- tal authority having jurisdiction"over-the property; the Seller has or shall have, as of the date of closing, complied with all Landlord and Tenant laws of any governmental authority having jurisdiction over the property; the Seller shall, if notice of any violation of the foregoing items is received by Seller prior to the date of closing, bear the expense of all work or action necessary to remove or correct such violation; and all licenses and permits needed to operate the property in the present manner, are in full force and effect, and, if assignable, will be assigned to the Buyer, at closing, at no additional cost to Buyer. B. Covenants. (1) Documents to be Provided: ,,.. The Seller covenants and agrees to provide the Buyer with the following items if in its possession within 30 days of the date that Seller accepts this Agreement, to -wit: a. Copies of all underlying financing documents, including all mortgages or deeds of trust, if any; b. A certified as built survey of the property, which survey shall show the legal description A of the property, the location of all improve- ments on the property, easements, building dines, rights of way adjoining the property, location of any improvements on adjoining pro-, perty'which might tend, by reason of location, to encroach on the property, the location of all water, sewer and utility service connec- tions to the property from the nearest loca- tion in a public right of way, and indicating the approximate square footage of the proper- ty; C. Complete copies of inspection reports and.soil tests relating to the property or the buildability thereof; d. A statement of improvements or modifications of any nature which have been made to the prop- erty during the period of Seller's ownership thereof; -4- VI -A s '0 VI -A e. Complete copies of any contracts, agreements, or developmental proposals relating to the development of the property during the period of Seller's ownership thereof; f. Copies of any covenants, easements, encumbran- ces or other agreements, instruments or wri- tings, recorded or unrecorded, pertaining to or in any way affecting the property or its operation, including, without limitation, any developer's agreements or similar agreements with any governmental body. (2) Debris: The Seller agrees to remove all personal property not included herein and all debris from the premi- ses prior to closing. (3) Interim Maintenance: The Seller covenants and agrees to maintain the property, including the improvements thereon in the same condition and repair as presently exists, all at .its expense, until the date of closing. (4) Conduct of Business: The Seller covenants that, pending closing, no contractor any other commitment affecting or otherwise relating to the subject premises, and extending beyond the date of closing, will be entered into, without first obtaining Buyer's writ- ten consent thereto. C. General Warranty. The Seller, warrants that no representation, warranty or commitment in this Agreement, or any statement or cer- tificate furnished or to be furnished to the Buyer pur- suant hereto or in connection with the transaction contemplated hereby contains. or will contain any mis- statement of material fact, or omits or will omit to state a material fact necessary to make the statements' contained therein not misleading. 7. TITLE. The Seller shall, within a reasonable time after execution of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and 'IN.. VI -A liens. The Buyer shall be allowed twenty (20) days after receipt thereof for examination of said title and the making of any objections thereto; said objections to be made in writing or deemed to be waived. If any objections ar3 so made the Seller shall be allowed one hundred twenty (120) days to make such title marketable. Pendi;ig correction of title the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after writ- ten notice to the Buyer, the parties shall perform this Agreement according to its terms. If said title is not marketable and is not made so within one hundred twenty (120) days from the date of written objections thereto as above provided, this Agreement shall be null and void, at option of the Buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the Buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said Buyer shall default in any of the agreements and continue in default for a period of ten (10) days, then and in that case the Seller may terminate this Agreement pursuant to Minn. Stat. S559.21, the period within which the Buyer may cure any default shall be thirty (30) days from and after service of notice which complies with Minn. Stat. S559.21; and, on such termination, all payments made upon this Agreement shall be forfeited by the Buyer and retained by the Seller and the Seller's agent, if any, as their respective interests may appear, as liquidated damages, time being of the essence hereof, which shall be Seller's sole remedy against Buyer. 8. CASUALTY OR CONDEMNATION. Prior to November 1, 1987, in the event the property or any portion thereof, including trees, shrubs, or improvements, are destroyed or substantially damaged by fire or any other cause before said date, this Agreement shall become null and void, at either Seller's or Buyer's option, and all monies paid hereunder shall be refunded to Buyer. After November 1, 1987, in the event the Buyer elects to accept the pro- perty in its damaged condition, proceeds of insurance suf- ficient to restore the building and improvements to their former condition shall be collected by Seller and shall be assigned to Buyer at closing. Prior to November, 19+87, in the event of the exercise by any governmental unit having jurisdiction over the property of the right to eminent domain or any action or threatened action in nature of or in lieu of eminent domain or condem- nation including any claim, demand or requirement of ceding any of the premises before approving Buyers development of the premises pursuant to 10(d) (hereinafter referred to as condemnation), with respect to all or any part of the pro - VI -A -6- 9. 10. • 's perty prior to the closing date, either party may, by writ- ten notice to the other, terminate this Agreement, and all monies paid hereunder shall be refunded to Buyer. After November 1, 1987, in the event the Buyer elects to accept the property notwithstanding condemnation, then any condem- nation proceeds received or receivable by Seller shall be paid or assigned to Buyer at closing. ADJUSTMENTS. The Buyer and Seller also mutually agree that pro rats adjustments of rents, interest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of the date of closing. CONDITIONS PRECEDENT. All obligations of the Buyer under this Agreement are sub- ject to and contingent upon the fulfillment of the following conditions: A. The Buyer's review and approval of all items to be pro- vided by the Seller pursuant to the provisions of Article 6B(1) of this Purchase Agreement; B. The Buyer's inspection and approval of the condition of the property. For the purposes of this provision, the Buyer and Seller agree that the Buyer, and the Buyer's representatives, shall have reasonable access, during normal business hours, throughout the period prior to closing, to inspect the property, conduct tests upon the property, and to otherwise examine the property for the purpose of determining its suitability for development; C. The Buyer's review and approval of all codes, ordinan- ces and laws applicable to the development of the property; D. The Buyer's application for and acquisition of approval of Buyer's proposed development of the property by any governmental unit having jurisdiction over the premises; and E. The Buyer's application for and acquisition of the financing necessary to fund this purchase, all on terms and conditions acceptable to Buyer. In the event the foregoing conditions are not satisfied or removed by the Buyer on or before November 1, 1907, then this Agreement shall be null and void, and the earnest money herein paid shall be refunded to Buyer forthwith. The satisfaction or removal of said conditions shall be • VI -A accomplished by Buyer delivering written notice to the Seller stating that the conditions have been satisfied or removed. Said notice may be mailed to the Seller in care of Paul Borg, 1251 Weet County Road B2, Roseville, MN 55113, and for the purpc se of determining the time of satisfaction or removal, the postmark on any written notice shall be deemed to constitute the date of satisfaction or removal. 11. SURVIVAL OF REPRESENTATIONS. All statements container: in any financial materials or other instruments delivered by or on behalf of the Seller pursuant hereto or in connection with the transaction contemplated hereby, shall be deemed representations and warranties by the Seller hereunder. All representations, warranties, and agreements made by the Seller in this Agreement or pursuant hereto shall be deemed joint and several, except as other- wise expressly stated, and shall survive closing. 12. BROKERAGE SERVICES AND COMMISSIONS. The Seller covenants and agrees to pay any and all real estate brokerage commissions which are or may become due by reason of this transaction, and further agrees that the earnest money paid herein shall be held, in trust, pursuant _ to the provisions hereof, ,for the benefit of the parties, as their interests may appear, by Seller. 13. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the respective parties and their heirs, suc- cessors and assigns. 14. DEFAULT BY BUYER. In the event: the Buyer shall default in the performance of its obligations hereunder, and the Seller shall have per- formed or tendered performance of all of its obligations hereunder, and said default shall continue for a period of 10 days, then, in that event, the Seller shall be entitled to terminate this Agreement pursuant to Minn. Stat. S559.21, the period within which the Buyer may cure any default shall be thirty (30) days from and after service of notice which complies with Minn. Stat. S559.21; and, on such termination, all payments made upon this Agreement shall be forfeited by the Buyer and retained by the Seller and the Seller's agent, if any, as liquidated damages, time being of the essence hereof, which shall be Seller's sole remedy against Buyer.. -8- VI -A HFIE] Roseville Area schools • District 623 1:1r623 Serving the Communities of Arden Hills, ralcon Heights. Lauderdale. Little Canada. Maplewood. Roseville. and Shoreview Independent School District 623 • Roseville Area Schools District Center • 1251 west County Road B•2 • Roseville. MN 55113 Telephone: 612i 633-8150 January 7, 1988 Ms. -Mary Bakeman 1178':West County Road B R'osevi 1 le, MN 55113 Dear Ms. Bakeman: I'apologize for not having had an opportunity to respond to the comments which; at the November 10, 1987 School Board you.„made during '.Citizen Comments" at meeting. The press of activities has been horrendous. In short order, here are the answers to the questions Chairperson Tom Bertz listed on the backside of the "Citizen Comments" Log Sheets which you returned, prior to making your remarks at the November 10 School Board meeting. Unfortunately, I did no, see Mr. Bertz's notations on the back of the card. You asked what was the basis of the appraisal of Lexington Elementary School Property: commercial or residential? The answer is both. Mr. E. Vincent Dolan, the school district's appraiser can this property, appraised the residential worth for a portion of the To: City of Roseville 2660 Civic Center Dr. Rsvl, Mn. Attn: Rick Jouke Project No. 8733 Project Name Lexart Addition Gentlemen: The following items are CK enclosed `A 3 From: BUETOW & ASSOCIATES, INC. Architects & Engineers 2345 Rice Street St. Paul, Minnesota 55113 (512) 453-6701 Date: 4/29/88 ❑ being forwarded under separate cover Copies Number Description 1 Application for Preliminary Plat 1 $100.00 Fee 2 Preliminary Plat Plan - 24" x 36" 8P x 11" reduction of Plat Plan. 26 1' Abstractor's Certificate listing names and addresses (labels) of owners of land within 250 feet. Written statement by the applicant is found on page 5 (Iten, 19)` of same application. That part of the East 660 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 15, Township 29, Range 23, lying North - r 6. ComDlete Legal Descriptionof Property Involved: According to Certificate of Title No. 225350, that part of the East 660 feet of the North half of the Northeast Quarter of the Northeast Quarter of Section 15, Township 29, Range 23, lying North of the South 30 feet thereof, according to Y; the U.S. Government Survey thereof; subject to easements of record. See Exhibit A. ITEM 19 Re: Information to be. submitted for all applications except minor variance. E. Written statement by the applicant which provides the details of the application. The statement will be given to the Planning Commission and City Council along with the City Planner's report. Gerald H. Kaufhold is a resident of Roseville, Minnesota at 2096 Fairways Lane. He has conducted a business at 1123 West County Road B for ten years under the name and style of Rose Galleries for the consignment . and sale of estate and antique merchandise. After discussions and review with Buetow & Associates, Iiic., and Mr. Tom Dunwell, of that firm, along with the Planning and Economic Development Consultants 'mi nary Plat have been filed P e1� 'on andr 's Application Y f Roseville this for the City o � PP to divide the property into 10 lots. Lot 1 would remain a public school use with 916 continuing to lease the existing school building. Lot 2 through 9 would be single family lots and lot 10 would be the .land dedication required by ordinance which is in excess of 10%. ff ARE THERE ANY GENERAL BUILDING CODE CONCEi`R11S? YES NO ARE THERE ANY GENERAL FIRE CODE CONCERNS? YES NO OTHER COMMENTS: .. �iA�iTR-%-1 h��� L►NE M�+�1I-1-�L�c-S r A�NLI I�l'�5� �5�' (�c.l7uGkr.S b1~ D 1=IJ 1 6ATap--- �3 2. 0 W1fiGH G> !3f`L-ow I % t>i _A Z]obJ RECOMMENDED CONDITIONS: f t;V I I qt COMMUNITY DEVELOPMENT DEPARTMENT PLANNING FILE CHECXLIST PLANNING FILE NUMBER: �$S� PROJECT NAME:TO SGfI>L- PROJECT ADDRESS: 6of-4r-H\4 POPJ-) P" C014TACT PERSON: -To DUr.�UJ� U ADDRESS: Z'34a pie-,e :�k PHONE: IS APPLICATION COMPLETE? YES X NO DOES PROPOSAL MEET APPLICABLE ZONING REQUIREMENTS? YES >� NO DOES PROPOSAL MEET APPLICABLE SUBDIVISION REQUIREMENTS? IS PROPOSAL CONSISTENT WITH COMPREHENSIVE PLAN? YES x NO i4 PUBLIC WORKS DEPARTMENT PLANNING FILE CHECK LIST PLANNING FILE NUMBER jg S7 APPLICANT'S NAME 1CbbE7yJ= LEGAL DATE CHECKED ,S / 23 8 ANY DEFFERED OR ADDITIONAL ASSESSMENTS ? NO YES . L2-Z-, CHECKED BY TYPE OF ASSESSMENT PROPERTY ASSESSEMENTS AMOUNT OF ADDITIONAL CHARGES PARTIAL FULL SANITARY SEWER t! STORM SEWER STREET IMPROVEMENT WATER IMPROVEMENT ✓ OTHER: ANY ADDITIONAL ROW OR EASEMENTS REQUIRED ? NO YES ANY GRADING/DRAINAGE/EROSION CONCERNS ? NO YES P4 ANY EXISTING CITY EASEMENTS ON RECORD FOR THE PROPERTY ? NO YES --� �'�az `t'��az- ,��►—��, Lr�'t S. 2' ANY UTILITY CONCERNS ? NO YES_ Et-�T Y wt fr) �, v - Vu � - UTILITY SERVICES EXISTING TO BE BUILT WATER SERVICE t'\ SANITARY SEWER SERVICE NEsoet , ANY CONCRETE CURB & GUTTER TO BE iD ? NO YES CASE# IS5-'7 PROJECT NAME LE:V, I N)6-FO NJ 46 bOL- FAA` I PROJECT ADDRESS 11-30 G02 t f ( P0Ab � CONTACT PERSON _Tolf1 DLL QVJE--L_ , ADDRESS PHONE # _6701 -- INITIAL & DATE APPLICATION RECEIVED APPLICATION COMPLETE COMM. DEV. DEPT. REVIEW COMPLETE ENGINEERING DIV. REVIEW COMPLETE REFERRAL RCA COMPLETE PUBLISHED HEARING NOTICE COMPLETE & SENT MAILED HEARING 140TICE COMPLETE & SENT FILE PICRED UP BY DAHLGREN PLANNING REPORT & FILES RECEIVED RCA COMPLETE CITY COU14CIL ACTION LETTER SENT NOTICE SENT TO CODE ENFORCEMENT P&Z ADIMIIN./ASS'T CITY ENG. REVIET•A OF FINAL PLANS COMPLETE P&Z ADMIN/ASS'T CITY ENGINEER INSPECTION OF C014PLETED DEV. COMPLETE 5 At REQUEST FOR COUNCIL ACTION DATE: 4-11-88 ITEM NO.: Department Approval: Manager Reviewed: Agenda Section: /l _ . , , _ Report and Recommendation Item Description: Gerald Kaufhold request for a preliminary plat at 1130 County Road B. The Planning Commission at it's April 6, 1988 meeting on a 4-3 vote recommend denial of the preliminary plat based on the findings of fact that: 1. The proposed park is too small, is inadequate and un- workable. 2. The proposed plan is only a short range solution for the site. 3. The plan does not address the site in a comprehensive manner. 4. The plan does not adequately protect prospective homeowners purchasing property as part of the new plat. COUNCIL ACTION REQUESTED: Motion to approve/deny Gerald Kaufhold request for preliminary plat. If the preliminary plat is approved, then a PLANNING NING REPORT* L DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 6 April 1988 1830 Gerald Kauf hold Southwest Corner of County Road B and Lexington Avenue (see sketch) Preliminary Plat 1. This site consists of 8.17 net acres (after street dedication) and has been turned down by the City on two previous proposals, the first of which included the conversion of most of the existing school structure to an "Antique Mall" and the second of which featured a use of a significant portion of the site for a new post office for the City. Both of these development projects included proposals to dedicate . and sell portions of the land to the City for park purposes. Both proposals, likewise, proposed the rezoning of and the use of all of the frontage on County Road B for business purposes. Reference can be made to previous planning reports on these two proposals for more of the details. 2. The applicant now (as stated in his application) "desires to sell the ten residential lots identified on the preliminary plat, dedicate in excess of 10 percent of the property, and continue the lease on the existing school building to Public School District 916". The applicant further states: "Gerald H. Kaufhold 2096 Fairways Lane. West County Road B of Rose Galleries for antique merchandise. s a resident of Roseville, Minnesota at He has conducted a business at 1123 for ten years under the name and style the consignment and sale of estate and In order to enhance and facilitate his business, when the Lexington School site came on the market for sale in 1986, he became interested in it for a site for a possible new auction house and the space necessary to obtain needed parking for his operation. Currently, many of his customers use the school parking lot as available during his auctions. After discussions and review with Buet— & Associates, Inc.,_ and Mr. Tom Dunwell of that firm, aicing with the Planning and Economic Development Consultants for the City of Roseville, this Application and Preliminary Plat have been filed to divide the property into 12 lot:,. Lot 1 would remain a public school use with 916 continuing to lease the existing school building. Lots 2 through 11 would be single-family lots and lot 12 would be the land dedication required by ordinance • Gerald Kauf hold, Case No. 1830 Page 2 which is in excess of 10%. This land could be used for a hockey rink area and Mr. Kaufhold would donate $15,000 to help defray, the cost to move the rink, lights, and warming house from the present location on the site." 3. This proposal was reviewed with the applicant's architect, Tom Dunwell, on February 17, 1988. Mr. Dunwell announced that they now "have no choice but to divide the southerly portion of the site into ten single-family lots". We noted that because the City had turned down two proposals involving business zoning across the entire north of the site, that it does not mean that a solution other than single-family lots on a major portion of the site is the only alternative. There remain -options for developing this site with less area in business use and including well planned multi -family housing developments, institutional uses, and open space which is considered by many to be an important ingredient in the overall park system serving the City of Roseville. 4. A significant part of the problem with the current proposal is that it does not constitute a total solution for the site. The development of single-family homes on portions of the site without planning, for and determining the use of the remainder on a permanent basis could be a major mistake. We are simply exposing new residences of the City of Roseville (in the ten proposed lots) to possible and future unknown business development that would be immediately contiguous to their properties. In other words, we seem to be making the environmental concerns and the compatibility issues greater in the future. We suggest that it is not wise planning to do this on purpose. 5. We noted that the City has a right to pursue its interest in maintaining a portion of the site as a part of its original and existing park system plan. Because two development proposals were turned down involving unacceptable business land use proposals, does not mean that the City advocates its need or desire for the retention of portions of this land as a functional neighborhood park. Obviously, the development of a portion of this land for single-family purposes is not the "highest and best use" for the property under the circumstances. It appears to be a solution where "everybody loses". What we are looking for is a solution where "everybody wins". 6. The proposed park dedication in the plat is for an area of 350.5 feet (east -west dimension) by 115.39 feet (north -south). This proposed park area is landlocked and accessible via a proposed 10.5 foot access to Eldridge Avenue. Never in our experience had we found a City to propose or except such a landlocked parcel for park purposes. 7. In summary, the park proposed represents poor park planning because: a) It is almost totally landlocked; b) It is too small to be efficiently and effectively used to serve the neighborhood needs; c) The site has poor visibility from public streets and, therefore, is difficult to patrol and supervise and will constitute a public safety hazard; d) Such a small, isolated park will be expensive to maintain; e) Such a small and overused park will be an adverse influence on the visibility of the contiguous single-family lots; and Gerald Kaufhold, Case. 1830 Page 3 f) The scale and the location of the park make it incompatible with the purpose and function of the property as originally planned in the park system plan adopted by the City in 1960-61. 8. We understand that the proposed use of the northerly portion of the site for schoul purposes by District 916 '.s proposed to continue for approximately two years. There remains a very important question as to the f-iture use of this land. It would be .bad public policy to make a land ise commitment z.,;d change any portion of this relatively small site anc leave the remainder unknown for the future. It is simply delaying an important land use decision and likely makinn it more difficult to achieve a compatible development on the northerly portion of the site after additional single-family home owners occupy the southerly portion. There is also, of course, a minor regulation detail that requires a public school building not to be less than 30 feet from a contiguous single-family lot. That regulation is violated. 9 9 Y g . 9. Though the land is zoned single-family (R-1), the land use plan which controls the future land uses of the City still designates the land as a public school. If a portion of the site is to be developed . for low density residential, the land use plan should be changed accordingly. We suggest that such a designation of low density residential for the area of the land proposed to be platted now and leaving the remainder as a public school would be very bad land planning since the days for the use of the land fi ,r public school purposes are numbered. Therefore, it is reasonable on the part of the City (hopefully working with the land owner) to achieve an overall land use plan and development proposal that . will be compatible with the considerable concentration of single-family homes in the immediate vicinity and the community as a whole. 10. The Planning Commission and Council may wish to consider an action that would provide for: a) A more' appropriately scaled and located park site consistent with the original parks plan in the overall community interests; b) A long range look at the overall land use, zoning, and development of the site; c) Elimination of an inadequately sized and located park for the reasons as listed in this report; and d) Development that would be compatible with the single-family homes in the area, the traffic capacity of the street serving the site, and the land use pattern as established in the contiguous quadrants of the county road serving this site. LAW OFFICES OF PETERSON, BELL, CONVERS E & JENSEN 2100 AMERICAN NATIONAL BANK BUILDING 101 EAST FIFTH STREET ST. PAUL. MINNESOTA 55101 (612) 224-4703 ERWIN A. PETERSON ROBERT C. BELL WZLLARD L. CONVERSE ROGER A. JENSEN April 14, 1988 KURT F. WALTHER W. TIMOTHY MALCHOW MARTIN J. COSTELLO JAMES C. ERICKSON WILLIAM M. DRINANE PAMELA CONVERSE ZERIN CAROL A. BALDWIN ADAM E. BRIDGE City Council City of Roseville 2660 Civic Center Drive Roseville, MN 55113 RE: Preliminary Plat for 1130 County Road "B" Our File No. 1011.19 Ladies and Gentlemen: Enclosed is a proposed resolution denying the preliminary plat for the property owned by Gerald Kaufhold at 1130 County Road " " B If the council finds this to be in order it could be adopted. I think it would be a good idea to have a meeting between myself and the council members for about 15 minutes prior to the .ouncil meeting at which this is taken up. Very truly yours, PETERSON, BELL, CONVERSE & JENSEN Robert C. Bell f RCB/ap Enc. :L S "IJSR�n@e>r: EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota was duly held on the day of 1988 at The following members were present: and the following were absent: Member moved that the following resolution denying the application for preliminary plat at 1130 County Road B be adopted. RESOLUTION NO. DENIAL OF PRELIMINARY PLAT AT 1130 COUNTY ROAD B. WHEREAS, Gerald Kaufhold is the owner or has an interest in certain property in the City of Roseville _located at the Southwest corner of County Road B and Lexington Avenue, and has reliminary plat for only part of said filed,an application for a p land. WHEREAS, the City Council for the City of Roseville has received a report from a professional planner retained by said City that the proposed plat would create certain problems for the Council has also received from Th e Ci ty City of Roseville.y Robert Bierscheid, Director of Parks and Recreation for the City, a report indicating that the proposed park shown on the preliminary plat is not feasible to become a part of the park program of the City of Roseville. WHEREAS, The City Council for the City of Roseville has determined, based on the reports and the testimony at the hearing that the following facts are true: 1. The proposed plat creates a future planning problem for s lan the land immediately to the North of etheopdndaCountyeRoadd North of the proposed plat lies between Alata "B". Until a final determination is made on the use of that property, it is impossible to properly plan the area covered by the proposed plat of Gerald Kaufhold. 2. The proposed park dedication would create a -1- a-nd-locked park,,without sufficient accessibilty. The proposed access via the proposed 10.5 foot access is inadequate. 3. The proposed plat violates the policyof the hecCity of Roseville to avoid, where possible, driveways g with a major thoroughfare. 0 NOW, THEREFORE, IT IS RESOLVED, by the City Councii of the City of Roseville that the preliminary plat r for ne property owned by Gerald Kaufhold at 1130 County Road The motion for the adoption of the foregoing resolution was nd u on a vote being duly seconded by member a p taken thereon, the following voted in and the avor hfollowing voted against the same: WHEREUPON said resolution was declared duly passed and adopted this day of STATE OF MINNESOTA ) COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified City Manager of the City of Roseville, County of Ramsey, State of attc hereby certify that I have carefully compared the meetingeofand the foregoing extract of minutes of a said City Council held on the day of 1988 with the original thereof on file in my office. WITNESS MY HAND officially as such Manager this day of. , 1988. James F. Andre, City Manager (seal) REQUEST FOR COUNCIL ACTION i Department approval: Manager Reviewed: DATE: 4-25-88 ITEM NO.: Agenda Section: Report and Recommendation Item Description: Gerald Kaufhold request for a preliminary plat at 1130 County Road B. The Planning Commission at it's April 6, 1988 meeting on a 4-3 vote initially recommended denial of the proposed preliminary plat. Subsequently, at the April 11, 1988 City Council meeting, the decision relating to this project was continued to the April 25, 1988 City Council meeting. At the subsequent work session on April 18th, the City Council decided that it may be appropriate to continue this decision to the May 9, 1988 City Council meeting in order to allow time to review alternative developments on this site with Mr. Kaufhold. Therefore a motion to continue this project until May 9 is in order. COUNCIL ACTION REQUESTED: Motion to approve/deny continuation of the Gerald Kaufhold request for preliminary plat at 1130 County Road B to the May 9, 1988 City Council meeting. M E M O R A N D U M DATE: May 4, 1988 TO: Jim Andre FROM: Craig A. Waldron SUBJECT: Lexington School Site I have had the opportunity to meet with a number of developers regarding potential multi -family projects on the Lexington School site. The Baton Development Company is the most interested in this site and is willing to look at a medium density residential project with approximately 3.acres of park to the south. At this point in time, Baton will be meeting with Kaufhold to ascertain whether they can buy his rights to develop the property. If Kaufhold is agreeable, the developers will proceed to meet with the school district to ascertain whether there is any flexibility to the terms that the school district formulated with the original Kaufhold contract. If these 'two meetings produce favorable results, Baton will again meet with me to review the type of agreement that can be worked out with the City in terms of the park dedication, C.D.B.G., tax increment, type of payment, etc. If in fact Kaufhold and the school district are not willing to negotiate, the City may have to let Kaufhold's deal run its course. In the event that he defaults or does not decide to proceed with his deal, Baton would then be interested in entering into negotiations with the school board, and subsequently the city. It should also be pointed out that the School Board has extended Kaufhold's final payment from August to October. Department Approval: Manager Reviewed: Report and Recommendation f Item Descrip ion: Gerald Kaufhold request for a preliminary plat at 1130 County Road B. The Planning Commission at it's April 6, 1988 meeting on a 4-3 vote initially recommended denial of the proposed preliminary plat. Subsequently, at the April 11, 1988 City Council meeting, the decision relating to this project was continued to the April 25, 1988 City Council meeting. At the April 25, 1988 meeting the City Council continued this decision to the May 9, 1988 City Council meeting in order to allow time to review alternative developments on this site with Mr. Kaufhold.* Attached is a resolution from the city attorney's office concerning the potential denial of the preliminary plat. COUNCIL ACTION REQUESTED: Motion to approve/deny the Gerald Kaufhold request for preliminary plat at 1130 County Road B, if so desired. PUBLIC HEARING NOTICE TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission of the City of Roseville will meet at Roseville City Hall, 2660 Civic Center Drive, on Wednesday, June 1, 1.988 at 7:30 p.m., for the purpose of considering the following request: Gerald Kaufhold request for preliminary plat at the former Lexington School site at 1130 W. county Road B. (The applicant proposes to divide the site into a total of 10 lots which includes 8 single family lots, 1 lot for the existing school, and 1 lot dedicated as green space) . The City Council, of the City of Roseville, will meet on Monday, June 13, 1988 at City Hall at 7:30 p.m., to consider this request. LEGAL DESCRIPTION: That part of the East 660 feet of the North half of the Northeast quarter of the Northeast quarter of Section 15, Township 29, Range 23 lying North of the South 30 feet thereof. —37mes F. Andre, City Manager L_J pli Aff bauit of Publicatt'jan Mate of Minnexiota C90nntu of naming N . Theodore Li l l i. a being duly sworn, on oath says that he/she is the publisher or authorized agent and employee cf the publisher of the newspaper known as Roseville Review and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public Hearing Notice which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 _ successive weeks; it was first published onTuesda *_, the 2 4 th day cif May 19 U and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice; ' 48CI]EF3►!SIKI t�lNnpnFiCTIiVWXYz 'abcdefghijklmnopgrstuvwxyz B Y : TITL Subscribed and sworn to before me on this 24th day of ' M.ay, , 19 88—• 2 a-l'r 'e�L -." I Notary Public "Alphabet should be in the same size and kind of type as the notice. ;•;;:!r.;`.,, CAROLS HEURUNG NOTARY PUBLIC - hiINiVF.Sr:iA RATE INFORMATION RAMSEY COUNTY `�f�`•' M Commission Expires May 7. 1wJ2 ...a. Y owest classified rate paid by commercial users for comparable space ........................... $10.31 per col. inch (2) Maximum rate allowed by law for the above matter .................. $7.04 per col. inch (3) Rate actually charged for the above matter ..................... $ per col. inch 1 /88 C HEAFUNG NATO VV}U,i4iITMAY_Cf 1, { ytlf tioeeYime nM Test at Posswie city HA r rDOW.On Wsdnos*.,hmo i,1989 �0 tfwpurposeotooraiderinpHNtoow• fequeet for or plat at tM ��tpooQ! fiehod sd� N 1130 W.. POW *00 tm* lom I fot for a ' wW t bt dedicsod of green �'' r CoWtcM: of the City of RosevMs, *0 meet Y. t 3,'19W at City Ham at 7 30 p.m.. DYSC + PSI of �e6BQ feet vltAch haU al the t quarter of The Northeast quwter of Section >i Towpship 29, Ranpe 23.lyinp North of thg South Jainis F. "Andro'. CRY Manager vimY Revkw::May 21, t.t)t38) � �. • • ROSEVILLE SCHOOL BOARD MEETING ROSEVILLE AREA SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 623 1251 West County Road B-2 Roseville, MN 55113 May 24, 1988 7:00 p.m. A G E N D A I. CALL TO ORDER II. ROLL CALL III. ANNOUNCEMENTS, AGENDA ADJUSTMENTS, CORRESPONDENCE, AND COMMENTS A. Library Card Presentation IV. COMMUNITY INPUT A. P.T.A. Coordinating Council B. Citizen Comments V. VI. CONSENT AGENDA A. Minutes of the Regular School Board Meeting of May 10, 1988 B. Payment of Bills C. Resignat' rns and Appointments D. Adjustments DISCUSSION, REPORTS, AND OTHER NON -ACTION ITEMS. A. D160 5/2019/88 School Board Policy ED: School Bus Transportation. FIRST READING. Commentary by Mr. Paul Borg. Mr. Jan VandF;rwall, Transportation Supervisor, will provide a f brief description of an., rationale for a change in the manner in which the Roseville Area Schools reimburses non-public school parents who transport their= stude,its to the school district's. ! { boundaries. As described in the enclosure, the policy change is consistent with that which is found in several other Metro area school districts, does not affect parents of non-public school students adversely, and streamlines school district operating procedures. This item will appear for a SECOND READING on the June 7 School Board meeting agenda with a request for action. Mentorship Program. Commentary by Dr. Rosemary Schneiderhan. A well kept secret" is that the Roseville Area Schools has offered i�,entorship program opportunities for its students over the past five years. 1 Dr. Rosemary Schneiderhan, Assistant Superintendent for Curriculum and Instruction, will introduce Roseville Area High School students who have been involved in mentorship programs during the 1987-1988 school year and furnish information about the types of projects in which these students have been involved. C. School Board Policy KGA: Use of Buildings and Grounds. FIRST READING. Commentary by Mr. James Klassen. Enclosed is a copy of a proposed revision of School Board Policy KGA: Use of School Buildings and Grounds. Mr. James Klassen, Director or Community Education, will provide an overview of the specific changes in and rationale for modifying School Board Policy KGA. This item will appear on the June 7 School Board meeting agenda for a SECOND READING with a request for action. VII. A. Floating Holidays: Teachers and Twelve Month Employees. Prepared by Mr. E. Keith Smelser. I recommend that floating holidays for teachers, clerical, administrative and custodial groups be approved as specified in the enclosed May 10 and 17, 1988 memoranda, prepared by Mr. E. Keith Smelser, Assistant to the Superintendent for Personnel. B. Placement of Teaching Staff Members on Unrequested Leave of Absence. Prepared by Mr. E. Keith Smelser. In accordance with Minnesota Statute 125.12 and for those reasons specified in the resolutions adopted by the School Board when teaching staff members were placed on proposed unrequested leave of absence, I recommend the School Board adopt the enclosed resolution placing the specified staff members, cited in School Board agenda documentation, on unrequested leave of absence for the 1988-1989 school year. i. C. Sale of Lexington Elementary School: Temporary Suspension of Purchase Pa menus. Commentary by Mt•. Paul Borg. Mr. Gerald Kaufhold, owner and proprietor of Rose Galleries, has requested that the schedule of payments for the purchase of Lexington Elementary School be temporarily suspended until the October 3, 1988 sale closing. At that time, Mr. Kaufhold will be obligated to make full payment o-,= the outstanding balance as specified in the agreement for the purchase of Lexington Elementary School. Mr. Kaufhold has requested the temporary suspension of purchase payments in order to underwrite the preparation of architectural renderings which will result in the City of Roseville Council approval of plans for future development of the Lexington Elementary School property. 2 I recommend the School Board authorize the administration to have legal counsel prepare a purchase agreement addendum which will permit a temporary suspension of purchase payments by Mr. Kaufhold until closing on the property on October 3, 1988. D. 916 Lease. Commentary by Mr. Paul Borg. Enclosed is a proposed document for the lease of Lexington Elementary School to Northeast Metropolitan Intermediate School District 916 for the months of August and September, 1988. I recommend the School Board approve and execute the enclosed lease agreement. E. Sale of Spooner Park. Commentary by Mr. Paul Borg. Enclosed is a letter from City of Little Canada Mayor, Mr. Mike Fahey, in which he describes recent actions by the City of Little Canada Council on the sale of property known as Spooner Park. I recommend the School' Board authorize the sale of Spooner Park without the proposed deed restriction, but with the "understandings" clearly in focus as specified in Mr. Fahey's letter. F. Canvass of Ballots, School Board Election. Commentary by Mr. Edward Fick. Mr. Edward Fick, Clerk of the Roseville Area Schools' Board, will furnish a report on the canvass of the ballots for the School Board election of May 17, 1988. I recommend the School Board certify the results of the School Board election of Tuesday, May 17 and execute any and all documents related thereto. N. Final Budget, 1987-1988. Commentary by Mr. Paul Borg. Enclosed is the final budget for the Roseville Area Schools for the 1987-1988 school year. Mr. Paul Borg, Assistant Superintendent for Business Services, will furnish an overview of salient features of 1987-1988 revenues and expenditures and, along with members of the Executive Council staff and Superintendent of Schools, respond to questions School Board members may have. I recommend the School Board adopt the final budget for the 1987-1988 organizational year. H. Direct Deposit of Net Par. Prepared by Mr. E. Keith Smelser. Roseville Area Schools will offer its staff members the opportunity to participate,voluntarily, in the direct deposit of net pay to banking institutions by electronic means. 3 Spa recommend the School Board execute the enclosed document, permitting the school district to participate in direct deposit of net pay. I. Appointment of Director of Business Services. Commentary by -S--up—erintendent Roger Worner. After 29 years of service, Mr. Paul Borg, Assistant Superintendent of Business Services, will be retiring at the conclusion of the 1987-1988 school year. He has had a remarkable record of outstanding service to the Roseville Area Schools. I recommend the School Board apoint Mr. John Thein as Director of Business Services to replace Mr. Borg, effective July 1, 1988. Mr. Thein is currently Assistant Superintendent for Business Affairs in the Wahpeton (North Dakota) Public Schools. J. Life Insurance Bids. Commentary by Mr. Paul Borg. The attached memorandum and bid tabulation provided by Mr. Paul Borg explains the unusual situation in which the district found itself with its group life insurance plan. We are all pleased with the outcome but distressed with the measures that were required to achieve the outcome. I recommend the School Board reject all group term life insurance kids. Loxirigtori School News May 26, 1988 Citizens' Committee for the Preservation of the Lexington School Park Area Tom Turba Jerry Wilkins Dave Jaehne Mary Bakeman Don Hamilton 1170 W Burke 1151 Karyl Place 1171 Eldridge 1178 W Co Rd B 1154 Eldridge 489-0779 489-0463 488-6832 488-4416 489-0653 Would You Believe.,,, •Another New Plan? o School District Says Kaufold Need Not Make Payments? (over) T• ; ;, well -considered decision, the roseville City Council denied Kaufold's request for preliminary plat which called for single family home lots on the park site, with intentions of even- tual rezoning for the northern half of the property. The 4 findings of fact given for the denial were: "1. The proposed plat creates a future planning problem for the land immediately to the north of the proposed plat. The land north of the proposed platy lies between the plan and County Road B. Until a final determination is made on the use of that property, it is impossible to properly plan the area covered by the proposed plat of Gerald Kaufold. The applicant himself has acknowledged the con- nection between the proposed plat and the land north of the proposed plat by his proposal that there be a deed restriction on the deeds to the residential property in the proposed plat, giving notice to purchasers that the property immediately north of the plat may be developed for commercial pur- poses, "Z. The proposed park dedication would create a landlocked park without sufficient acces- sibility to the public at large and because of it inaccessibility will be extremely dif- ficult to supervise and police. The proposed 10,5 foot access point is inadequate. I. The proposed plat violates the policy of the City of Roseville to avoid, where possible, driveways intersecting with a major thorough- fare. N . There has been an insufficient showing by ap- plicant of any hardship or change of cir- cumstances which justifies not presently planning for the present or future develop- ment of the entire parcel consistent with its current residential zoning." The New Plan: The new plan is remarkably similar to the last plan, with two exceptions: First, he has dropped the two residen- tial lots that faced Lex. Second, he has moved the park from the center of the southern half to Lex, so that it is no longer landlocked. While the new plan answers the second fact listed by the Council in their denial, it does not address the intentions for the lot to the north, a necessary access from Lex for park maintenance, nor hardship for planning the entire parcel under its existing residential zoning. Kudos to City Staff! The City Staff has attempted to work with Kaufold in developing the property under the residential zoning. They have provided him with good counsel in what needs to be do;ie to meet with approval. They have found developers, looked at alternatives, and generally been siT- portive of his efforts. At the same time, they are ensuring that c'irrent and future citizens of Roseville will not be left with problems resulting from inappropriate land use. As taxpayers, we want to thank these dedicated public servants. We ap- preciate your efforts. Upcoming Events: June 1, 7:30 p.m., Roseville Planning Commission, City Hall, Co Rd C at Lex June 13, 7:30 p.m., Roseville City Council, City Hall, Co Rd C at Lex 1-1 District 623, Kaufold and the Purchase Agreement On June 1, Kaufold presents his new plan to the Roseville Planning Commis- sion, and his purchase agreement with Dist 623 will be one year old. While the Dist says 'no one else has made an offer for this property,' they have not explained how anyone else CAN mane an offer when an agreement already exits. Nor has much changed financially in that year. Purchase price for the property was $1,008,000; to date, Kaufold has paid $25,000 or 2.5%. At the Board meeting on 5/24, Kaufold re- quested and received suspension of another $15,000 due before closing. In addition, Kaufold asked for and the Dist approved setting back the closing date of the sale from Aug to Oct. This alone results in a loss of almost $20,000, assuming a 12% interest rate (the 'late -pay' rate in the new lease between the tenant, Dist 916, Dist 623 and Kaufold) . Dist 623 neither asked for an increased purchase price nor interest to be paid to offset this loss. The Dist ob- viously believes that someone who can't pay $15,000 this summer will be able to pay almost $1,000,000 in Oct. Why? Only the parties involved can say, and they have not been willing to say much publicly. However, at the 5/24 Board meeting, Paul Borg (retiring Business Manager) asked to be put on record as supporting Mr Kaufold. He said, "The District would be well served to sup- port him, as we would otherwise get a considerably lower purchase price." Supt Worner responded in a letter dated 1/7/88 to a question on the basis of the appraisal for the property: "The answer is both (residential and commercial). Mr. K. Vincent Dolan, the school district's appraiser on this property, appraised the residential worth for a portion of the property at $1.75/square foot, and the remaining commercial property at $3.50/square foot." The entire 8.54 acres is zoned R-1, single family/school. Why should the appraisal include any portion at 'commercial' rates? The purchase price at the $1.75/square foot rate makes the total about $600,000, a more reasonable price for residential and park use. In contrast, Spooner Park, just sold to Little Canada by Dist 623, works out to less ti.an $.50/square foot. With that sale, the District attempted to tack on asseosments to the purchase price after the agreement was made, and they asked for a deed restriction requiring the land to remain parkland, unless the School Board approved a change. Little Canada refused, and the sale was made without either amendment. The District has asked Little Canada to rezone the land at Capitol View, without regard -to Little Canada's right to control land use through zoning, so that the purchase price for that property could be increased. It seems clear that the long standing cooperation between Dist 623 and the communities and taxpayers it serves takes second place to their perception that the School Dist's needs must be met, under their terms. What Can You Do? 1. Cal: Boger Horner and Paul Borg at 633-8150 (Roseville Area Schools District Center) or write them at 1251 W Co Rd B-2, Roseville, MN 55113, Express your support for keeping com- mercial property in commercial sites, and open space where possible. Remind them tha` land use is a City decision, and not one di tated by the Schools. 2. Call or write your School Board members, Foster leaves the Board on 6/30, and Ellen Shelton joins it then. Credible long term facility plans must be worked out. 3. Attend the Planing Coamission and Council meetings, Every person and every voice counts. We need your involvement. School Board 8eabers Thoaas Berts (chair), 1259 Carden, 644-0990 Sue Cummings, 2230 Marion Rd, 636-3995 Edward Fi- , 3191 Hafner Ct, 483-4727 Richard Foster, 678 E Co Rd B, 774-7509 Mi!:dy Creiling, 2495 Marion St, 490-0013 Earl Hoekman, 365 Brooks, 483-3617 Ellen Shelton, 2018 N Lex, 488-0795 Mt PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: (C(31p'�Y 1 June 1988 1857 Gerald H. Kaufhold Southwest Corner of County Road B and Lexington Avenue (see sketch) Approval of Preliminary Plat 1. As you all know, the proposal regarding the use of this property has previously been submitted by Mr. Kaufhold. The first proposal included the rezoning of the northerly half of the site and a portion of the easterly part of the site i-o business uses utilizing the existing school Largely as an antique mall, the construction of a new structure for Rose Gallery, some offices and the retention _of a . portion of the site for park purposes. The second proposal included the use of most of the northerly half of the site for a new United States Post Office, the development of a Rose Gallery facility, an office building (the old original school), and a portion for park purposes. The third proposal was for the development of ten. single-family lots fronting on Lexington, Eldridge, and Lindy Avenues, with a portion of the land for public park, and the remainder to be left for school use. 2. In general, the City has resisted the use of significant portions of the site for business purposes (at least in the manner and extent proposed) and has expressed strong interest in the use of a reasonable portion of the site for neighborhood park purposes. 3. The land is shown on the Comprehensive Plan as a public school, and the first decision is one of amending the Comprehensive Plan to conform to any new use that may be proposed and ultimately approved by the City. Though the land is zoned R-1, the approval of a preliminary plat under that zoning should conform to the Comprehensive Plan. In terms of land use, the current proposal utilizes 5.6 acres to be left for school purposes, 2.13 acres for single-family dwellings, and .88 acres for park land. It would seem appropriate and reasonable that the designation of the land use for the total site should be agreed upon in the form of a land use plan amendment prior to the approval of a development proposal for any part of the property. 4. The current proposal is to plat the entire property into ten lots. Lot 1 would be the 5.16 acres left to be utilized for school purposes. Lots 2 through 9 would be single-family lots, each of which meet or exceed the normal lot standards according to the Roseville Zoning Ordinance and subdivision regulations. l-at 10 is .88 acres, or 37,982.17 feet, which constitutes 10.66 percent of the total property. This designation Gerald H. Kaufhold, Case No. 1857 ag 2 of park dedication is in accordance with current subdivision regulations requiring such dedications if land is to be platted consisting of more than 5 acres. 5. There would seei-n to be two p, incipal concerns with respect to the redevelopment of the old Lexington Schoo. site: a) First, there is a question of the retention of a portion of the site for park purposes. As you all know, the initial park plan for the City designed in 1960 included the use of a portion of this site for neighborhood park purposes. The use of the open space portions of public sites as a part of the overall community park system is a common practice. Thus, the loss of such a public school facility (as is proposed here) constitutes a serious deleterious impact on the quality of the system and the service to the immediate area. Though proposals for dedication and possible sale on the part of the applicant to the City for park purposes have been included in previous proposals, they were in conjunction with business rezonings which the City found unacceptable. There still remains the lack of a reasonable proposal on the part of the applicant for the City to consider for the use and purchase of some of the land for park purposes. This is a serious concerr , and all reasonable alternatives of securing and maintaining the park function should be explored. The problem here is that the single-family lots are proposed to be located where the park should be. Therefore, the approval of the preliminary plat as proposed is forever closing the door to having an appropriately placed and property scaled park at this location. b) The second matter of great concern is the ultimate use of the school building and its immediate environs. At a recent meeting with Mr. Kaufhold, he indicated that he has a two year lease with District 916 and anticipates that the lease may be extended indefinately for a number of years. If this is true, the continued use of the site for school purposes may be a reasonable land use designation and could go on in perpetuity. However, we are informed from Mr. Bierscheid who has spoken with officials from District 916 that the use of this school will likely be terminated at the end of the current lease (approximately two years) and that funding for the development of new facilities has been approved in a recent bond issue. These officials inform Mr. Bierscheid that they do not intend to extend this lease, with the result that the proposed continued school use is by no means a reasonable, permanent solution. Under these circumstances it appears to be unwise on the part of the land owner and the City of Roseville to commit a portion of the site for single-family residential purposes without there being a proposed, reasonable, and approvable solution for the remainder of the site. This simply is not wise city planning, development strategy, nor is it in the PY Y P public interest. Therefore, we suggest to the Planning Commission and Council the consideration of not amending the Comprehensive Plan in accordance with the pl-` as proposed, but recommend to the a 3plicant Gerald H. Kaufhold, Case No. 1857 Page that long range solutions for the property in question be proposed and hopefully will be compatible with the neighborhood interests, the wider community interests, and workable for the developer and owner. b. In the mean time, the Council has requested that the Community Development Director make contact with other developers who may be interested in utilizing the site. Mr. Craig Waldron, Community Development Director, has pursued this objective and has a major developer interested in considering the site. Mr. Waldron informs us that he antiticipates receiving the outlines of the development proposal by the end of May. Mr. Kaufhold 'has noted his agreement to sell the property at a price reviewed with Mr. Waldron. The objective of such a proposal would be to develop the land for multi -family housing purposes and would include the retention of a major portion of the site for park purposes. It would seem reasonably important to allow sufficient time in order to consider a potenLial solution under such a concept. 7. In summary, though the proposed action requested is simply a platting _ of the land without rezoning of the property, the implication of that plat will have far reaching and permanent impact on the two major questions remaining, i.e., a long range and permanent park decision and the ultimate use of the properties now temporarily occupied by the school. It would seem inadvisable to proceed with decisions on portions of the land and likely be a mistake on the remainder. Obviously, we should avoid for the sake of all parties the possibility of "making a mistake on purpose". • REQUEST FOR COUNCIL ACTION Department Approval: Manager Reviewed: Agenda Section: Consent Agenda Item Description: Gerald Kaufhold request for preliminary plat approval at 1130 West County Road B. The Roseville Planning Commission at its June 1, 1988 meeting on a 5-1 vote tabled consideration of Gerald Kaufhold's request for approval of a preliminary plat at 1130 West County Road B until July 61 1988 to allow time to review alternative developments on this site with Mr. Kaufhold. Therefore a motion to continue this item to July 11, 1988 is in order. COUNCIL ACTION REQUESTED: Motion to approve/deny continuation of the Gerald Kaufhold request for a preliminary plat at 1130 County Road B to the July 11, 1988 City Council meeting. • June 21, 1988 Gerald H. Kaufhold 2096 Fairways Lane Roseville, MN 55113 i Dear Mr. Kaufhold, at its June 13, 1988 meeting, The Roseville City Council, plat at 1130 W. County continued your request for preliminary Road B to the July 11, 1988 City Council meeting. If you should have any questions, contact me. SiTIV. rely, Craialdron Diref Community Development Cityseville :ms please do not hesitate to 3b(�U (al'IC. (�l:v'!'!;!Z 1)ItlN'l�. • !ZOSj—' ,l.l: • MI\\!?5O7�1 .55113 • (�13--!`�-1-3371. PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 6 July 1988 1857 Gerald H. Kaufhold Southwest Corner of County Rcad and Lexington Avenue (see sketch) Approval of Preliminary Plat 1. Attached is a copy of the Planning Report prepared for the June meeting of the Planning Commission when Mr. Kaufhold°s proposal was tabled to the next regular meeting. General concerns relate to the disposition of a park fF,cility and the ultimate use of the remainder of the land (5.16 acres) now proposed for a single-family lot, or park dedication. There was also the question of a possible usu of this property for multi -family housing .irposes (including a park) by a potential developer who had been meeting with Craig Waldron, Community Development Director. 2. At an informal work session, Mr. Waldron presented a scenario under wl.-ic"i this developer could possibly develop the site utilizing tax increment financing and a City contribution toward a park site. The result was an indication from the Council that the sums of money involved were tcj large, and that the solution (as presented wi:.h that developer) would not be workable. 3. Not withstanding that attempt to utilize the land for multi -family housing and park purposes, there remains the critical question as to whether or not the preliminary plat as proposed is an appropriate and intelligent development proposal. Our concerns relate to the fact that the plat as presented merely represents the easiest, cheapest, and most expeditious way of carving out a few lots with no investment in streets and minimal investment in utilities, without regard as to the overall solution to the bulk of the land remaining. Mr. Kaufhold claims that the continued use of the site for school purposes will go on indefinitely and that represents a long term use. Information obtained from the staff of District 916 a Gerald H. Kaufhold, Case No. 1857 Page 2 indicates otherwise. They have the money and the desire to relocate in their own facilities and have, in fact, reduced the number of students currently at the Lexington Avenue site by one-half for enrollment this fall. 4. We suggest that developing a parcel of land in a first string suburb virtually surrounded by single-family development without a total long range plan is unfair to the surrounding land owners, not in the public interests, and not an intelligent approach on the part of the developer. No community in the Metropolitan Area that we know of would seriously pursue such a solution. This observation is based on 30 years of doing private and public sector work in this and other Metropolitan Areas. 5. Mr. Kaufhold has reiterated to us verbally with the advice of an appraiser,_that.the remainder of the land is a "commercial site". It is this kind of supposition (already turned down by the City) that leads to the concern relating to the platting of a portion of the site for single-family homes without regard to an intelligent solution for the remainder of the land. If additional areas of the site are to be developed for single-family purposes, for instance the platting of the land as proposed utilizing the street frontage to the west and south, may be a mistake. Mr. Kaufhold's position is that having tried two development programs involving substantial Business zoning and having failed in each, his only alternative is to plat the developable single-family lots and worry about the rest later. The question is whether this is a reasonable and intelligent way to go for both the developer and the City. In the process of approving a preliminary plat, the City is to determine that the division of the land and the uses in which it is to be puc are reasonable and appropriate and in the public interests. It would seem that determination is impossible to make without a reliable determination of all of the land uses involved within the relatively near future. REQUEST FOR COUNCIL ACTION DATE: 7-11-88 ITEM NO.: Department Approval: Manager Reviewed: Agenda Section: -h Hearings 491V Item Description: Gerald Kaufhold request for a comprehensive plan change from school to park and low r; density residential and preliminary plat at the former Lexington School site at 1130 County Road B. The Roseville Planning Commission, at its July 6, 1988 meeting on a 6-1 vote recommended that the City Council deny the comprehensive plan change because the proposal does not provide a long term plan for the use of the total site. The Commission further recommended on a 7-0 vote that the preliminary plat be denied for the following reasons: 1. The proposal is not consistent with the city's comprehensive plan. 2 The applicant failed to provide a long term plan for the total site. 3. The sanitary sewer location is not acceptable to staff. 4. The applicant has requested only low density on a portion of the site and not on the total site. A resolution making finding of fact on this matter has been drafted by the city attorney's office and will be provided to the council at the July 11, 1988 m(--, Ang . COUNCIL ACTION REQUESTED: Motion to approve/deny the resolution concerning Kaufhold's request for a comprehensive plan change form school to park and low density residential and for a preliminary plat at 1130 County Road B if so desired. EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof a Regular Meeting Ramseyof e City Council of the City of Roseville, Coy Minnesota was duly held on the 25th day of July, 1988, beginning at 7:30 p.m. in the Council Chambers. The following members were present: Cushman, Kehr, Johnson, Matson and Rog. Nc, members were absent. Member moved that the following resolution denying Gerald Kaufhold's request for a comprehensive plan change from school to low density residential and park and application for preliminary plat at 1130 Country Road B be adopted. RESOLUTION NO. DENIAL OF REQUEST FOR COMPREHENSIVE AND PRELIMINARY FROM LAT SCHOOL 1130 LOW DENSITY RESIDENTIAL COUNTRY ROAD B. WHEREAS, Gerald Kauf hold is the owner of or has an interest in certain property in the City of Roseville located at the Southwest corner of County Road B and Lexington Avenue, and has filed an application for a comprehensive plan change from school to park and low density residential and for a preliminary plat; and WHEREAS, the City Council for the City of Roseville has received a report from a professional planner retained by the City that the proposed plat does not provide a long term plan for the use of the total site; and WHEREAS, the City has received f:com the Parks Commission a report that the park dedication in the proposed plat is un- suitable and inconsistent with the city's park plan; and WHEREAS, the applicant has twice before applied for rezoning of the site to permit business uses, which applications have been denied; and WHEREAS, the City Council for the City of Roseville has determined, based on the reports, other evidence and testimony at the hearing that the following facts are true: 1. The applicant has failed to provide a long term plan for the total, entire site. 2. it is in the best interests of the city to consider and approve the use of the entire site as a total concept, rather than piecemeal. 3. The applicant proposes to initially plat only the easiest and least valuable gexisting and complex ontage nor northernlyp and and has not addressed the more valuable northeastern portions of the site. 4. The applicant's prior applications for business zoning indicate that the northern portion of has the site will in the past,not be used as a school in the future, as it 5. The applicant has .requested a comprehensive plan change from school to park and low density for only a portion of the site, not the entire site. 6. The applicant has not submitted a plan for vehicular of the circulation to, through and around the northern portion site. 7. If the existing Burke Avenue were extended through the site, Preliminary Plat Lot 2 would become a sub -minimum width corner lot. 8. The proposed park dedication is not consistent with t city the park plans, or the interests and wishes of the southwest of the site. 9. The proposed plat creates a future planning problem for the land immediately north of proposed Lots 2 through ro1 designated Lot 1 in the proposed plat. Due to its size, proposed Lot 1 is unsuitable for residential use. Until a final determination is made on the proposed use of that property, it is impossible to properly plan the area covered by the proposed plat of Gerald Kaufhold. 10. The proposed park dedication lacks sufficient accessibility to the public at large and would be extremely difficult to supervise and police. 11. The developer is unwilling to sell proposed Lots 2 through 9 subject to deed restrictions that the northerly portion of the site, proposed Lot 1, will remain in residential use. 12. There has been an insufficient showing by applicant of any hardship or change of circumstances which justifies not presently planning for the present or future; development of the entire parcel consistent with its current residential zoning. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Roseville that the application for a comprehensive plan change and for a preliminary plat for -the property owned by Gerald Kaufhold at 1130 Country Road B is denied. The motion for adoption of the foregoing resolution was duly 2 seconded by member and upon the vote thereon, the following voted in favor: and the following voted against: WHEREUPON said resolution was declared duly passed and adopted on the llth day of July, 1988. STATE OF MINNESOTA) ss. COUNTY OF RAMSEY ) I, the undersigned, being the City Manger of the City of Roseville, County of Ramsey, State of Minnesota, do hereby cerhe tify that I have carefully compared Council ofthis tthetCitytof Minutes of the Regular Meet inq of the City 1988 with the original Roseville held on the ?lehinmaof Jr offuice and this Extract is minutes thereof on fiY accurate. WITNESS MY HAND officially as Manager this day of , 1988. James F. Andre, City Manager is .r. ; ..L ERWIN A. PETERSON ROBERT C. BELL WILLAI. ) L. CONVERSE ROGER A.JENSEN KURT F. WALTHER W. TIMOTHY MALCHOW MARTIN J. COSTELLO JAMES C. ERICKSON DAVID S. ANDERSON WILLIAM M. DRINANE PAMELA CONVERSE ZERIN CAROL A. BALDWIN ADAM E. BRIDGE SCOTT B. CROSSMAN LAW OFFICES OF PETERSON, BELL, CONVERSE & JENSEN 2100 AMERICAN NATIONAL BANK BUILDING 101 EAST FIFTH STREET ST. PAUL, MINNESOTA 55101 (612) 224 -4703 Mr. Rick Jopke Roseville Planning & Zoning Administrator Roseville City Hall 2660 Civic Center Drive Roseville, MN 55113 July 21, 1988 RE: Gerald Kaufhold Resolution Our ^ile No. 1011.19 Dear Mr. Jopke: Enclosed is the revised Draft Resolution in this matter, per our ` July 21 discussion. U; Yours very truly, PETERSON, BELL, CONVERSE & JENSEN William M. Drinane WMD/llg Enclosure ur 1 1 1 '1 1 1 1 1 1 1 1 1 DWIGHT W. DAHLEN,,MAI, SREA DANIEL E. DWYER BEVERLY H. DWYER. MICHAEL J. BETTENDORF, MAI MARC E. KNOCHE DAHLEN & DWYER, INC. 1260 NORWEST CENTER TOWER • ST. PAUL, MINNESOTA 55101 • (612) 224-1381 October 7, 1988 Mr. Craig A. Waldron Director of Community Devr.l.opment: City of Rosevi.l l.e 2660 Civic: Center I)riv(-., Roseville, MN 55113 ' RE: One Acre Tract. Lexart Addition Rosevi l.Le, Minnesota ' I)ear Mr. Waldron: In accordance- with your request, I. have made an inspection and an appraisal of a one acre vacant tract of Land located at ' the northwest cc:rr)er of Lexington Avenue and Eldridge Avenue in Roseville, Minnesota. ' `.I'he purpose of this appraisal is to est.imate t:ho market: value of fee simple interest: in the property. Lt is the intention of the City of Roseville to purchuse this one acre ' tract from the: developer of Lexart Addition. Thereforn, aft.er a thorough analysis of all E'ac.t.oc•s, it is the opinion of your appraiser that the rollowing value is applicable the subject. property as of September 26, 1.988: SEVENTY TWO THOUSAND DOLLARS 72 000 `rhis appraisal, has been made subject to certain l i.miting conditions and assumptions 11S hE:reinaft.er expi OlUS0d. Such t'ac:t.s a nd inl'ormat ion contained herein W-re obt.ained from sources that: I cons:ide-r reliable and are true to the best. of any knowledge and be.l ie f. 1 The following report. describes my method of approach, contains data gathered in my investigation, and demonstrates my t ec:hn.-Lque in arrivi.r.g at: the estimate of market- value for the subject property. Respectfully submitted, DAHL9N &. DWYER, INC. 4 Daniel E. Dwyer [)ED/bla 1 1 1 1 l 1 1 1 1 1 DAHLEN & DV%TYER, INC. TABLES OF CONTENTS Suulillar•y a.f' Sit l :ieni. Fzacts and Corlcl usiol)s Su.b ject Phol.og-r•aphs . . ... . . . . .. . .. . . .... ..... . . .... ..... . . . I�Iarkei. Value Def:iiied ..... . . .. . . . . . . . ... . . ... . . .... .. . . . ... . 4 Purpose of t:he Appraisal. ........... ........................ 5 5 Ac:krcowledgeineti t:............................................ Legal. Description .......................................... 5 5 RecordDa-I.a................................................ Roseville City Data ........................................ G Neig;hbor•hoorl Aiial.ysik....................................... 7 8 Zoni.ng;..................................................... Highestand Iicnl. Use ....................................... 9 {:si:i.matu of Highest and llesst Use .......................... . I'rmiiiary )'aa1. Mrah....................................... 1(1 ileccription of t:he Site ................................. ... 11 Melh(I o-I' Valus.iI.ion......................................... 12 comparahl (� Lan(I Sr► l es ....................................... 13 Antsly.:i.4 OI' C()inparaI l(• Land SaI(!ti ........................... 1rl (:(�rt:i!'iiion.............................................. 15 (:onl:ing;c�nl sinrl Ijtnil ing Coiidil,iocis 1G Addendum 'Lun:ing; drill Nletro Map Ahpra i s:('rs' ()ufl 1 i i'i crit. ions I- k DAUEN & DWYER, LNC. ;4 ' SUMMARY OF SALIENT FACTS AND CONCLUSIONS' :y7 Genera]. llr:scr. ipt:ion: This is a 1.0 acre l:t acl: of land wh,i ch is vacant, love and served by al.l. uti..lities. 1,oCal:J.11 Northwest corner of Lexingt-on Avenue and Eldridge Avenue in Rosen i.l l c�, M:i nnesol. ' Parcel Size: 1.0 acre Zoning: R-1. Land Value: Market Valises: $72, 000 September 2ti 1988 Date of Value Estimate: Se.ptt.n , AOL 0 'Clia Dal .......... 11 tulrlr-� q - , �2, 1 I L 0 u 1 1� [J I I 1 1� 1 d DAHLEN1 & DWYER * INC. VIEW LOOKING SOUTHEASTERLY AT SUBJECT SITE FROM INTERSECTION OF BURKE AVENUE' AND LI NDY AVENUE 3 P r 1 L 0 1 11 1 MARKET VALUE DEFINED The- most price ill terms Lit' money which a pi-opert y wi i 1 Isr i ng ill it cornpe't it i ve and open loarke•t under sr 1 I c and i t ions requisite toil fair sale_ thebuyer and riv1 ler, ea cli west ing; prudently, knoir4�1_dgabIy and a tisuming Ilrr• prire i� not rici by undue stimulus. Itop IiciI ill thin def'irtition ira t.hc inn of, n stilt!, an of a apeci.tied dattea and the pass int; of tit lc� t'rom sell Ier Co buyer under condi1.ions where I)y: I . I)uyc:r and sealIf! r it re t.ypica I I inot ► vat ed; 2. both parties are we] 1 informed or we] I aidvirtod and e;,ch acting in what he considers his own best. interest.; 3. a rensonab le= time! is allowed for exposure in they open rnnrket; 4. paymen.t. is made in cash or its equivaale:-t; 5. financing, if any, is on terms generally available in the cornnuuniLy at. the speci fied date and typical for the property type in its location; and, 6 the price represents a normal consideration for Lbe property sold unatffecLed by speci.a.l financing amounts and/or terms;, service's, feels, costs, or credits incurred .in the transaction. 4 I L 1 DAMEN & DVvrM, WC. PURPOSE OF THE APPRAISAL The purpose of the tippraisal is to determine the markel. vrtlue of the fee simple- Interest in the property as of SePte:mber 26, 1988. 1 understand that the function of this: report. is h) servc as a guide for the City of Roseville in acquiring; I.he property from the developer for park purposes. ACKNOWL's'DGEMENT All of the ,judgements and conclusions contained in this report are those of the appraisei7 for which he assumes full professional responsibility. LEGAL DESCRIPTION The East. 229. 3' of Lot .1, Lexal-t Add.i tion, Ramsey County, Minnesota. RECORD DATA The parcel being appraised is part of a recent: subdivision and therefore no information on assessor's market: VE-I.tue, taxes, and special. assessments was available. 5 F P �7 1 1 P 1 1 1 DAUL'1\i & LY%rMt INC. ROSEVILLE CITY DATA The City of RosevIi I le is rj 1,1I-st ti,r_r suburb on Lhe ►joI-t,,Iern side of the Twin C i t ies Ni c 1, r 01) i Lan itI'C! a. The 19RO Census indic.aLes a pclpulctt.iotl of 35 5:30. Since this time, Lhe population has decreased sl igill .ly to tan est,iwated 34,7t35 in Apr i 1 1988. 7'11t� t->opu lilt i on growth rate has slowed and sLai) i 1 i zed s inc.e 1970 and, i 1. is ext)ec L Q d tIial Lhert� wi 1 I be a sul'cl 1 Irks in pnpuIal: i o,n Lhrougtl 1990. Rosev i 1. 1(� encompasses an area of 24. 3 scfuare ill Ies EInd is a kgeI1 p.I.arined cc.)nlill uni.I.y of t.radi.i.ionai and c ontemporary homes of al l styles anti price r a n 9 e s. Nosevi.l le has �I lso expos lenced a cons i d v r a1).1e antc.►unt, 0f coIrIll e'r c:ic�l anc:t indust:ri.al. growth over• the years. The sl:rat:egi.c regional loc►t::i.on of I{oscvil.lc� aril exce�l.lenl. Itc:cess have :influenced mrluy families and employers to l.ocat:t:. in the area. Such firms such as Sperry Uni vac, 11oneywel 1, NCR CoIIItt>m, Inc., Paper Cal.menson, State Farm Insurance, Dayton's Department: Store, and Carson piriv Scot. a1.1 occupy space in the Roseville area. Two large shopping centers, Rosedale and Har Mar Mall. are ccant.rrll.ly 7.occtt:c:d and r:onl:a:in a w.i.dc� velri.ety of shops and stores. The Rosedale Shopping Center continues to grow with the addition of numerous free st:andi.ng r•estaurant:s and shops. Rosev:i.l l.e's r•etai.l development is one reason alit. Ci.t:y is fast becoming an office d,evel.opment. hot. spot:. �4:i.th Rosr:�dt►l.e Center, Har Mar Ma.11., fla.vi.li.on Place:, 1,oehmann's Plaza, and Roseville Shopping Centers as regional or sub rep, i.orlal centers, p.l.us a Score of smaller neighborhood and special-ty strip malls, Rosev.ill.e now has well over 2,000,000 S.F. of rel:a.i.l. spike. Woodbridge Development: i.e. In the process of developinj; the centre Pol.nt(� Business Park on Lhe: east. side of 135W between County Roads C and D. rh.i.s w:i..l 1 be a $20,000,000 p).-ojecL- and i.nrlude :300,000 S.F. of Class C-•A office and. 300,000 S.I. of ofI'ic:efshowrc>c.Iln space along wi.Lh a hotel. It is al.so anLi.cipaLecf that. Hosewood Corporation wi l 1 Put-. in a Iargc: scale o•f'fice/ret.a'L.l cle:ve.lopment in the no,'t:llwest. quadrant of I-35W and STH #:36. Int.e—C. atr:� 1.9 and State_ `1'r•tinl: If:i.ghway i36 provide, Cary acr�ess to Saint Paul. and other metropolitan areas. Emphasis has been placed on recreational. fac:i l.:i L:i.es and e-:vill.e area. Thr-,re are many parks, lakes ac:tivit:it�s in the Ros and paaygrounds with excellent. fac::iIiLies for both sumine>r and. winter. sports. Roseville has an olltstancling parks and recreation depari.men t: which sponsors year—round programs for adul. Ls and children. „C. u I n 1 1 1 The City of Rosevi.lle, S most recent. Comprehensive Plan war: adopted with City Council in Nov ember in 1980. This Plan has two principal characteristics which list.inguish it. from iLs predecessors. Tihe: first is the fact that this Plan is part Or a major, coc.,rdinat.ed regional planning effort mandated by the Metropolitan Land Planning Act of 1.976. The second key characterist.ic is that. for Lhe first. time Rosuville's 198() Comprehensive Plan places considerable emphasis on redevelopment. In Ju l.y of 1982, t.hc (:i.ty of Rocevi.11e established under the appropriate state statutory authority, a Redevelopment: and Tax Increment: Financing P101). The proposed Nedevelopmer►L Area contains appro+ imnLely 2,350 acres and occupies the port;hwest corner of the city. Your appraiser has round t-he CU5, of Rosev.i l lc: t;o be a well balanced community, economically, socially and culturally. No detrimental factors have bee'll observed in the analysis which would restrict resi.denti.al, commercial or industrial growth in Lhe City of Roseville. NEIGHBORHOOD ANALYSIS The area in which the subject property is .located is to the southerly portion of the city approximately .l mile to the nouLh of the City of St. Paul. This is an area of mixed development i.ncIudi.ng commercial, rc:sident.i.al, and multi -:family. 1.exin9Lon Avenue is a major north -sough street; connecting the neighborhood with S`1'H #36 located just: Lo the north and the City of St:. Pau.] located just: to the south. Located just, across Lexington Avc:;nue from Lhe aubjecL property is the Calvary Baptist Chur-ch. There is single family development 7.1i►m(i:diat,el.y to t.lar south across Mid also t.o t.he, cast. Three of the corners aL Lexington Avenue and County Road B are develc,p(�d connnc:rc i. al ly wi. Lh a `1'w.i.n C:i Ly Federal branch o:rfice a.t the northwesL- corner, a SuperAnlertca station at the nori.heast; cc)rner, and a Clarlc station at-, L-he southeast curner. Overall, i.t is my belief that property values in the neighborhood for romme'rci a.l. and re'sideratlal has beeIl relative-l.y strong and should continue so into the future or until that: time When inter(st r. at.ee. rise s:igni f:ic:anLly ar)d the economy begins Lo f a]. 1. . DMEEN & DV%rM, INC. 1 ZONING The subjocl. properly, accovding to the Preliminary Mat t for sul)&i.vi.s:i.on, will be zoned 1t-1, or 5ingLe. family Rers:idencr, District:. The rol lowing uses ar-e permit ted in tit 11-1 Dist.ricL: 2. 3. 4. 5. One fattti ly detached dwel t.ings Public parks and ptaygrounds Exist:ing railroad right. -of -ways for the movement of' through trains but not to inc].u,lr.; s`itchi.ng, storaf;r yards or sidings Churches, convents, libraries, City buildings and similar public uses provided Lhat: uo sl:ructure or hui..lding shall. be nearer than 30' to any adjacent .Lot; in art R District:. P u blic; private and parochial., elementary and , secondary schools, universities and colleges, provided that:: cational inst:i.tut:ions does not: a. The use by edu include dormitories or rooming space for students; b . No s t:ruc Lure or bu.:i J.din g shal l be nearer than 30' to any adjacent lot in an R District. Transitional Uses lit a R--1 1)i.st:r:i.c:L, no structure or bu11.d:ing shal1 exr; 2.5 stories or 30' in height, whichever is lesser.'I.'lte floor ' area ratio wi.t}tirt the R--1 1):ist:r i.ct shall. not exceed 0. 3. The: man -interior lot is I _, 000 S.F. and the i.ni.mum lot area. for- min:imwn lot area for a corner lot. is 12,500 S.F. The m:iniit; um loL width for an interior lot: is 85' and the minimum lot: depth i.s ' J.10' . The m:inintum lot width. for a corner l.cat: is :LOU' and the m:ini.ntum lot depth is 100' I'roni: yar.•d and ? ear y��rd sei:backs are 30' while the s•i.dr:; yard setback i.s 10' . 1 8 H 1 1 1 1 1 DAB LEN & DW YER, rNC. HIGHEST AND BEST USE lj'igljesl-. anCl hest, usC, as dc:t'ined in Real Estate Appraisal. Terminology,edited by Byrl Boyce, Ph.D., sponsored joint.l.y by Lhe Aiiieri.can Inst;i.tute of Peal Estate Appraisers and Llie Sor.ief:y of.' Lhe Estate Appraisers, copyright 1975, page 107, is: "...that reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. Alternatively, that use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in the highest land value." ESTIMATE OF HIGHEST AND BEST USE IL is my opinion, after analyzing the existing zoning ordinance, adjacent development c.har.acLer.isti.cs, .land use t patterns, traffic: flows, e:nvironrtlent, compe'LiLive spaceandsi:Lr.. characteristics, that Lhe: highest and l.)esL use of Lhc! proper. ty would be for residential. development. in keeping with the R-1 1' ' Zoning Codes of i:hc' C:i.t.y of Roseville. l: have considered al.ternatiVe Uses which would be legally. F pGrm:issC i1.)1e, econoinic:ally -.f'easi) 1e, and physics:l.ly possible and. h3Vt t:o conclude t;�).a'i the most uf:l.lizat].or) of Llle si:Le would h,e for residential would dF�velc>pmc�nt, q L t �kz I n I 1 I 1 1 1 � JJ 1 1 1 1 1 f I 1 1 I i I I •I 1 I I 1 �• � I ' L I I 1 � T i •� H 11'�f � j•, � � lAy I I I 1• WET0/1 � ASSOCIATES ARCHITECTS A LNOINEERt 1 1 1 1 1 1 DAB LEN & DWYER, INC. DESCRIPTION OF THE SITE ,riie parce, is a recLarilf,ular shaped Par-cc-11 located at the nortliwesL corner of Lexington Avenue and 131dridge Avenue has 229.3' of frwitf-39e oninjj()s(-vi.jj.(:!, M npesoLa. The parcel Eldridjj,'f3 Avenue and a depth along Lexington Avenue of 1.90' for a total area of 113,56" S.F. car I acre. The reader's atAn'ition is directed to the preliminary plat Located on the adjoining page a,S a IEC 11 (! s i z eV sl.inpe anti lccat..ion c) I -he, s.-L as it relates to the general. area. The si-Le is outlined in red. ,rile, site is level wi.til street: grade and served by all Lit i 1, i L Les including sanitary sewer, storm sewer, water-, gas, sidewalk/bike pa0i, concretE! C-urb and gutter, and bituminous roadways. There are mature trees along the southerly and (-Bsterly lot I ines s a s s ttm d that t- b e r e a r e no adverse subsoil conditioriS a n (j t 11 a t the site is buildable in its entirety. 1 1 1 1 1 1 1 1 DAHLEN & DWYER, INC. METHOD OF VALUATION In arriving at the market value of the subject property, I have relied entirely upon the sales and offerings of vacant land, as in my opinion, sales and/or offerings of vacant residential land best reflect the thinking of the t.yp:ic€ l buyer- :in the market: place. This approach, which is referred to as the Direct Sales Comparison Approach, is employed whenever dependable sales data are available for properties that: are truly competitive with -the subject property. Your appraiser has :invest:igat;ed Lh.e terms and conditions of the comparable sales transactions to try and determine the at.tit:ude and aims of the: purchaser. Your appraiser has tried to be objective in the: analysis of the comparable sales transact.i.ons without. inferring moL-ivations. A comparison has been made on the basis of the subject property having a highest and best use as land for residential development. similar to that: of the comparable properties. In establishing a basis .for value, the major characteristics of the residential sites that would be analyzed include: I. Physical characteristics: size, shape, dimens:i.ons, topography, drainage, bearing capacity and permeability of the soil 2. Zoning and other public controls, use restrictions, structural. resLric:t::ions, set back requirements-, height: limitations, ect. 3. Title limitations, liens, easements, special assessments and covenants �l. Access (locat:i.on): transit, highway, visual access, fire and police protection, availability, capacities and casts. 5. Availability: price, -f:i.na,ec:ing terms. Most of the factors about: which precise and specific factual information can be obtained. Sonic: r.•equ:ire a.nalysi.. beyond this. Using terms of the analysis that standards of what :is appropriate and what-. is acceptable, muss: be developed.. They following land sales, in my opinion, are most: indicative of value and provides the hest: ind:icat-ion of valise for the subject. property. 12 0 I'] 1 1 [I n I �7 H. 1 I 1 1 DAMEN & DV1vrM, INC. COMPARABLE LAND SALES Sale #1: Northwest Currier Arl ingf.on Avenues and Cumberland Street., St.. Paul, being Lots I thr•oragh 28, 111or.k 13, Edwin M. Ware's Cumberland Addi t.ion. Sold in November )983 t'or $220,000 or $1 .38/S. F. This was ci sale Fr1' 3.66 acre s i t c- served by all utilities and zoned 11--3. The seller was tale `I. Paul School Uist.rict and the buyer was Ken Bacchus. The S I tV WEIS t>urChus(!d for the construction of single family dwellings. Sale #2: 14th St.reel. Northwest and 23rd Avenue in New Brighton. Beings lots G and 7, Pike Lake Instates. Sold in June 1983 for $68, ODO or $ 1 . 49/S . F. Seller was l:he (,i. try of New Brighton and the buyer wab W. Robert Strobel. The site contained 45,642 S.F. and was served by all uti l i.t::ies. Ji. was purchased for residential development and had the potential for three bu.i .lding; sites. Sale: #3: Hazelwood Avenue but.ween Cope Avenue and Sherre.n Avenue, Maplewood. Being the South 280' of the East 288' of the Northeast, quarter of t:he Southwest. gUart-.er of Section 10, Township 29, Range 22. So.ld in September 1986 for $75,000 or- $1.18/S.F. The seller was the estate of Pet.er M. Mori.t:z and the buyer was William, E. Bossard. This was a 63,750 S.F. site served by al l ut.i l it:ies and purchased for resl.dent:ial development.. A total of 6 sites could be platted. Sale: #4: North of Lary.)entnur Avenue and West of TaLum Sl:reet in falcon Heights. Being part of the Southwest quarter' of Sect. ion 16, Township 29, Range 23. Sold in September 1985 for $262,OOU or $1. 14/S. F. This was the salt: of a 5.2 arse site served by all ut. i l i. t i es an(] zoned res i den t: i a l . The s:i l.e wa►s purchased for residential subdi.visi.on. The buyer was Strad:ford 1nvesLment: Limii.ed. Sale #5: sid(. of Dodd Hoed approximately 1/2 mile to l:lee south of Highway 1.1.0 in Mendota Heights. Sold in March .1986 for $156,500 or $1.23/S.F. This was a 126,724 S.F. sit :e served by all. utili.t:ies and zoned R--1. or single family residential. The site was purchased for the construci.— ion of a church. Sala 96: East: side of Highland Avenue approximately 300' south of County Road K in W:;ite Bear bake. Bering; Lot. 3, 4 and. 5, Block 1., and Lots 1 through 7, Block 2, Ulmer Park. Sold in March 1985 for $180, 000 or $.1..50/S. F. This was the sale: of a 2.75 acre site which was served by all. utilii:i.es. The seller was lllmer and the buyer was P.C.I. Development. The site was purchased for the construction of single family dwellings. 1 13 L! 1 U 1 1 1 1 1 1 1 1 DAHLE1 ii & D Y Y YM , INC. ANALYSIS OF COMPARABLE LAND SALES Thc• preceding s ix. Iand saI es for 1.he Inos t partaro s inr i 1 ar in size and located in suburban metropolitan locations. The sales range it) sized fi om approximaat.ely 1 acre t:o just over 5 .roes. The price paid per sijuare foot ranges from $1.11t/S.F. Lo $ 1 . 50/S. F. Comparable sftic! #1 was t.hc! szt I of 1.be olcl Arl .i nt;t tin School s.i Le at $1 . 38/ S . F. in November .1.983. The s i t.e was replatted For residenl.ial development.. Major upward adjustAlle-111's were made for time, location :and Parcel size, Sale #2 was of a 1+ acre s:i.t:c: which sold on the basis of $.1..49/S. F. in June .19B3. A major upward nd jus Lnien L was mride for t. i in e . Sale #3 was the sales of a 63,750 S.F. site in Sett.ember• 1986 whi.rh was subdi.vitl.rci for resi.denti.al. development. Upward adjustments were made for time crud location. Comparabl.e sale #n sold in September 1985 on the basis of $1 . l.4/S. F. This was Lhc:! sale of a 5.28 acre site located just: to the southwest: of the subject property in Falcon Heights. Upward adjustments were made for parcel size, t. i.me, and locat:i.orr. Comparable sale #5 was Lhe sale of a 2.91. acre site: zoned residential and sold for the cons Lruct..i on Df a church. An upward adjustment was made for time: and parcel size. The location is cumplrrable to that of t:he subject. Comparable: sale #6 was they sale of a 2.75 acre: site in March 1985 on the basis of $1.50/ .F. Tlic:! parcel is located in White Bear, Take, a location which i.s slightly inferior Lo that of thc! subject: necc;ssitat:ing an upward ad.just.jnent.. Upward adjustments were also made for time and parcel. size. Based on an analysis of Hie above sates, it: is the opinion of your appraiser that: a. value of $1.65/S.F. can be SUbstianLiaLed for- the subjec:L property. This, when applied to the 43,567 S.F. indicates a. value as follows: 43,567 S.F. x $1.65/S.F. _. $,71,886 Rounded: $72, 000 14 1 1 1 1 1 1 1 1 CERTIFICATION The preceding appraisal analysis was performed according, to commonly accepted appraisal cloct.r•ine and in conformity with and subject to Hie requirements of the Code of Professional. Ethics and Standards of Professional Conduct of the appraisal organi.zat:ion(s) with which the appraiser :is afritiated. As a pr•acticinK professional Real Estate Appraiser, l here�liy certify that: 1. The Appraiser Eras no present. or contemplated future interost. in thc> property appraised; and nf�ither the employment to make i.hc! appraisal, nor the compensation for i t , i.:; r c:>n t:i nf;en 1. upon Hie appraised vn lue Of.' th(t property. 2. The Appraiser has no personal interest. in or bias with respect: to thc; subject matter- of the apprais-al report or t le participants t c) the sale. The "Est imaLe of Market: Value" in the appraisal report .is not based in whole or in part upon the race, color, or national. or.•i.f;in of thH' prospective owners or occupants c7f the property appraised, or upon the race, color.- or national origin of the present owners or occupants of the properties :in they vicinity of then property appraised. 3. The Appraiser has personally inspected the property, both inside and out:, and has made an exterior inspec-tion or all comparable sales listed in t:he: report. To the best of the Appraiser's knowledge and belief, all statements and :information in this report are true arid correct, and the Appraiser has not knowi.nf;ly withheld any significant information. 4. Ala c:ont.i.ngent-. and limiting conditions area contained herein (i.rnposed by the terms of the assignment or by the undr rsigned, affecting analyses, opinions, and conclusions contained .in the rra)or•t). r,. This appraisal report has been made i.n conformity with and is subJect to the requirements of the Code of Professional Ethics and St:and,irds of i ,t f I > >rai sal or•g'ani zat i ons with which the 6. Professional COnc.Uc Appraiser is affiliated. A1.1 conclusions and opinions concerning thc:= real estate that: are set: forth in the appraisal report were prepared bythe Appraiser whose signatureappears on the, appraisal report, unless :indicated as "Review Appraiser". No change of any item in the appraisal report shall be made by anyone other- than the ;Praiser, and the Appraiser shall travu no responsibility for any such unauthorized change,. 1 1 1 L CONTINONNT AND LIMITING CONDITIONS The certification of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the appraiser in the report. 1. The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the Appraiser render any opinion as to the title, WILich is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefore. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 6. Information, estimates, and opinions furnished to the Appraiser, and contained in the report, were obtained fror„ sources, considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. 8. Neither all, nor any part of the content of the report, or copy thereof (including conclusions as to the property, value, the identity of the Appraiser, professional designations, reference to any professional appraisal organizations, or the firm with which the Appraiser is connected), shall be used for any purposes by anyone but the client specified in the report, without the previous written consent of the Appraiser; nor shall. it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the v:Jritten consent and approval of the Appraiser. 9. On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusions are contingent upon completion of the improvements in a workmanlike manner. DAB LEN & DVv YER, INC. M IU 7 i iY� �-i'I /j;J{.• •'..-T._._ Il r� V�,•j l+i.-i v, �.I`i �J Il i �''.�:�•rR-7717 --'��.�. :� : � 1<'; j --' .� ;�"F. ,.r ,�, >' �' ;=-`�..``�1�••; ( - _, ice_ y_"___-_ . _-_ - - -- -- -__ -__ ._ p 1 �� C U U �•' O O p !)I r (C 1 C i,�C rJ�L C.Y V c, ,. , •1 p , fl I , k C 1- r -�,, ''C' I O �.•. V J� / r p �0 :7 0 C` zJOO•JUnUOC+r?000^ 7 O'G G'O G O lJ •�a --�'' .�c, - n U G O_o_o 0 (J o O -- u ,OC. G G i.,Tm l r' O O O J , rr O• n u '�' -; - r 'Oa7 •)O 1) ��' 0 i) 0 r, r,- - LUN'.7-4 o >,C G UG Cl. O E ❑ 00 an. ' 4; ;, OCr.!.O�i) U ulr r h l„i!•_,�_�—y z !_ i'.�---'—'-- c; OC) r, p C', G ,•, I } ` 0 O 0 O C) (> C� C, r. 'T pta o,o! O 11) U O O ( (�!, C,cY.pr) r) tr (i gal O O'O ': �;, D,�o � C,r) r , U. 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' AV U - i , a l P N i 4 J-�•Y�• .. �. , _�._ L_:_...� L ��. _ iT1lirli' ;,, I';,�!I _�..� 1 ' i t'T„r y I If I 1 1 1 1 1 1 1 1 1 1 1 1 1 ffimumwm'� AND- Y E ii LE J.P i IRA F R OKW SPACE c T M 8 8 couNly ... 911 1} LA Y'� Jo' It �w KN) R 2649 P. I N, q If v-, -,PARK1 T ILL o 36 36 36 216 0 SIMI, AV (LDA[ca Aso no 7nV 'q Altg CMI �umvw�tl rtti `n ­u 'I'la -i"', f-".1 �_R' - :e DIC, N NLtaj M A 'j JA It LN I AV. � unq AU f.1 u;mjx: IN E si GAR(? QL it 2 1 P i4 iI AV UNIVERSrTY g OF RL SPACI MMESOTA ROSE vl5 LARPEXTEIIWT' �'g GOLF COURSE . 11 L Ss , ". �, ". I" AV. I P L00C —L A Ali _.YY ERY; dOLLW1 FNVI it L6 EtUM= vulwa cy r AV • T& B a NDAq �N VD INE z's ,..... r I TATE VANUUWIFas I J Do 0 14k N W. NOSE oil S vs FRONT /A&Y )NEWELL sit e I JAV am A 5.1 51 fly 711TE.. YAN BURLAV YjN d v a" 7L t FQ 52 L Iit 'co Plop A5 4 E':A lip- 12 _2 11 A fff E 4AY r— — .[LO 1, it v, A 'LAIII AV AS 01ipV MIA, '!yg AV JC� ORDIA L d4 An ll LL 4 1 --- . ; _; -11 A. —2-0 D Y I DiAYTI)N ? 1: � - — I :! ­'. II - —_ — ,, A o IP" wag omo"k 1.4 CC.CWYRIGW tol'Ilk Area Map j t DANIEL E. DWYER DAHLEN & DWYER, INC. 1260 Norwest Center Tower ' St. Paul, Mint,�sota 55101 a EDUCATION: Graduate of l:he College of St. Thomas 1967 Course 1-A, American Institute of Real Estate Appraisers 1971 Course 1-B, American Institute of Real Estate Appraisers 1973 American Appraisal Company Cost Estimating Seminar 1973 Course TI, American Institute of Real Estate Appraisers 1.974 ' Course IV, American Institute of Real Estate Appraisers 1979 Eminent Domain -Advanced Legal Education 1980 EXPERIENCE. Since 1971 actively involved in the appraisal of residential., commercial and industrial real estate President, Dahlen & Dwyer, Inc., a Minnesota Coporation r Instructor, appraisal seminars, Minneapolis/St. Paul Metropolitan Area Qualified as expert witness on real estate values APPRAISAL ASSIGNMENTS: Equitable Relocation 11omequity, Inc. ` Merrill Lynch Relocation Management Relocation Resources, Inc. Residential Relocation Service Corp. Rmployee Transfer Corporation U. S. Steel Corporation ' Deluxe Check Printers United First Mortgage United Mortgage Corporation 52= Northland Mortgage Corporation First Bank St. Paul First Bank Minnehaha First Bank Grand Western State Bank C+ C,ommerci.al. State .Bank Norwest Ban]( City of Eagan City of St. Paul r� City of Roseville y of White Bear Lake City of Vadnais Heights Ramsey County Harks & Open Space Department Numerous attorneys and private individuals r, Ci ERWIN A. PETERSON ROBERT C. BELL WILLARD L.CONVERSE ROGER A.JENSEN KURT F. WALTHER W. TIMOTHY MALCHOW MARTIN J. COSTELLO JAMES C. ERICKSON DAVID S. ANDERSON WILLIAM M. DRINANE -PAMELA CONVERSE ZERIN CAROL A. BALDWIN SCOTT B. CROSSMAN CAROLINE F. BELL PETERSON, BELL, C7 1 2100 AMERICAN NATIONAL BAht 101 EAST FIFTH STREET ST. PAUL. MINNESOTA 55101 (61 2) 224-4703 FAX No. (61 2) 223-8070 November 23, 1988 Mr. Craig Waldron Director of Economic Development City of Roseville 2660_Civic Center Drive Roseville, MN 55113 RE: Dear Craig: LEXART ADDITION AGREEMENT Our File No. 1011.19 Enclosed -is the Agreement between the City and Gerald Kaufhold with regard to the Lexington School Property. This agreement as been redrafted several times between the Peterson, Franke & Riach firm and ourselves. We have finally agreed upon the enclosed Agreement. If.you find it in order the council should adopt the enclosed resolution. Very trq, yours, PE SO ,EL' Rober 4:B City Attorney City of Roseviiie Pursuant to due call and notice thereof, a meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota was duly held on the 28 day of November , 1988 The following members were present: Matson, Johnson, Kehr Cushman, and Rog, and the following were absent: None. Member Matson introduced the following resolution and moved its adoption: RESOLUTION NO. 83$ The Mayor and the Acting City Manager of the City of Roseville are hereby authorized and directed to execute the attached Agreement between the City of Roseville and Gerald H. Kaufhold pertaining to the property known as Lexington School property. The motion for the adoption of the foregoing resolution was duly seconded by member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Matson, Johnson, Kehr Cushman and Rog , and the following voted against the same: None. WHEREUPON said resolution was declared duly passed and adopted this 30 day of November , 1988. STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified Acting City Manager _. of the City of Roseville, County of Ramsey, State of Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of said City Council held on the 28 day of November , 1988 with the original thereof on file in my office. WITNESS MY HAND officially as such Acting Manager this 30 day of November , 1983 Steve North, Acting City Manager AGREEMENT WITH REGARD TO LEXART ADDITION THIS AGREEMENT is made and entered into by and between the City of Roseville (hereafter the "City") and Gerald H. Kaufhold, or his assigns, (hereafter "Kaufhold") to be effective the day of , 1988. WHEREAS, by this Agreement Kaufhold and the City desire to provide for transfer of certain property from Kaufhold to the City, for the rezoning of certain of the Lexington School property owned by Kaufhold and to provide for a preliminary understanding with regard to tax increment financing for the Lexington School Development. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Dedication of Land. Kaufhold will dedicate one (1) acre of land located on the Lexington School site to the City of Roseville by warranty deed, which acre is described on the preliminary plat dated July 28, 1988, for Lexart Addition Subdivision to the City of Roseville. The warranty deed is subject to the terms and provisions of that certain Lease Agreement dated'May 20, 1988, by and between Independent School District No. 916 and Independent School District No. 623, (including specifically the use for parking of the westerly approximate 40' x 313' strip of land by Northeast Metropolitan Intermediate School District No. 916) and easements, reservations, and restrictions of record, if any. Said dedication shall be in lieu of and in satisfaction of the park dedication requirements of Roseville Ordinance Section 20.155. The transfer of the property from Kaufhold to the City will occur at or about the time of the closing on the sale of the Lexington School site to Kaufhold by Independent School District No. 623. The one(1) acre to be conveyed to the City shall not be subject to any lease between the above named school districts after July 31, 1990. Kaufhold shall provide the City with copies of said leases now in existence and inform the above named school districts of the July 31, 1990 expiration date. 2. Purchase of Land. In addition to the dedication of one acre of land on the Lexington School site, Kaufhold further agees to sell an additional one acre of land to the City of Roseville from the Lexington School site, which additional acre is identified on the preliminary plat of the Lexart Addition Subdivision dated July 28, 1988. The City agrees that it will pay Kaufhold the sum of One Hundred Eighteen Thousand and No/100ths ($118,000.00) Dollars for said one (1) acre of land. It is the parties' intent that said purchase, if it is made, will f the closing of the sale of the com lis he d at the tim.. o c be accomplished g P Lexington School site from Independent School District No. 623 to Kaufhold. The City shall furnish, legal, engineering, and administrative services necessary to accomplish this sale. T'n� deed transferring said one (1) acre of land shall be subject to easements, reservations, and restrictions of record, if any. Kaufhold will pay any taxes due and any unpaid assessments due in calendar year 1988. The parties agree that this property has been tax exempt, except that it has not been exempt from special assessments, and Kaufhold will be responsible for any unpaid special assessments. 3. Tax Increment Financing. It is contemplated that Kaufhold will request tax increment financing from the City when he develops the Lexington school site between July 31, 1990 and July 31, 1998. The City will use its best efforts to give favorable consideration to Kaufhold's request for such tax increment financing if it is made. 4. Zonin This Agreement is conditioned upon the City rezoning the Lexington School parcel so that the lots on the preliminary plat of the Lexart Division subdivision dated July 28, 1988 shall be zoned as follows: a. Lot 1 - to be zone(. R-1. b. Lot 2 - to be zoned R-3A. C. Lot 3 - to be zoned B-3. 5. One Acre From School District. The Independent School District No. 623 will be retaining one acre of the Lexington School site and shall be transferring the same to the City of Roseville by warranty deed to consideration outside of the purview of this Agreement. Such transfer, however, is a precondition to this Agreement becoming effective. 6. Time. It is contemplated by the parties that those actions necessary to accomplish the requirements of this agreement will be done as close as possible to the closing date between Kaufhold and Independent School District No. 623. 7. Dismissal and Release. Kaufhold has in the past filed applications with the city for various and different uses of his land, and said applications have been denied by the City. The land referred to is the land Kaufhold purchased from School District 623 at the corner of Lexington Avenue and County Road B in the City of Roseville. These applications which have been denied have been. for zoning changes, variances, and applications to plat the property. Kaufhold has expressed the opinion that some of these denials were unlawful and has threatened the City with litigation. In the event Kaufhold has commenced any such litigation, he will promptly dismiss the same with prejudice. Kaufhold further acknowledges that in consideration of the City paying $118,000 for the land set forth in paragraph 2, that he hereby releases and discharge: the City from all causes of action he may have against the City f•.)r any of the City's actions denying the applications refereed to above. 8. Further Condition. This Agreement is further conditioned upon the successful closing on the purchase of the subject property by Kaufhold from Independent School District No. 623. 9. It is further agreed by the parties, that the present City Council has no control over future City councils, or this same Council at future meetings. In the event, for any reason, Kaufhold fails to accomplish the tax increment financing referred to in, Paragraph 3, Kaufhold agrees that this will not in any way jeopardize any land acquired by the City pursuant to this Agreement. It is further agreed that the zoning classification that may be required to be received by Kaufhold pursuant to Section 4 hereof, will not place Kaufhold in any greater or lesser position than any other property owner in the City with similar land, provided, however that this shall not be inter- preted as a waiver on the part of Kaufhold to void this Agreement in the event the zoning and subdivision referred to in Section 4 above, is not finally and noncontingently approved by May 1, 1988. In the event such zoning and subdivision approval has not so occurred ?. by such date, Kaufhold may, at his option, be entitled to declare this agreement void, rescind it, and thereafter, each party shall be restored to the same position they were at prior to this Agreement, r specifically including, but not necessarily limited to, the return of any monetary consideration and reconveyance of all parcels conveyed or dedicated pursuant hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the day and year first above written. CITY OF ROSEVILLE By: Its: Mayor By: Its: Manager GERALD H. KAUFHOLD REQUEST FOR COUNCIL ACTION DATE: 11-14-88 ITEM NO.: Department I Approval: Manager Reviewed: Agenda Section: j_ ,, _n Report and Recommendation Item Descrl�tion: Authorization to enter into agreement with School District 523 regarding Lexington School property. As part of the compromise agreement relating to the Lexington School property, the City will need to enter into an agreement with the School District. Essentially, the City will be agreeing to fund the police school liaison officer position for a period of 5 years in return for the school district dedicating one acre of park land to the City. The proposed agreement is attached. Mr. Jensen has reviewed this agreement and finds it to be acceptable. COUNCIL ACTION REQUESTED: Department Approval: Manager Reviewed: Agenda Section: Resolution Item Description: Endorsement of School District 623 Community Development ' Block Grant Project. The School District has submitted a CDBG grant to Ramsey County requesting funding to refurbish parts of the Fairview Community School Center. The total amount of expenditure on the grant is $203,600. I have attached a copy of the letter summarizing the project from Karolyn Kingsbury. It is required that all such projects have the endorsement of the local municipality before they are forwarded to Ramsey County. A proposed resolution is attached. COUNCIL ACTION REQUESTED: Motion to approve/deny endorsement of School District 623 Community Development Block Grant Project. Tv,,i EFF,�",,7, Roseville Area schools • District n rz 4o �. goServing the Communities of Arden Hills, Falcon Heights. Lauderdale, Little Canada. Maplewood. Roseville. and Shoreview -in Fairview Community Center - 1910 West County Road B Roseville. MN 55113 Telephone: 612/633-8150 'February 17, 1989 Nr. Craig Waldron -City of Roseville 2660 Civic Center Drive Roseville, MN 55113 Dear Mr. Waldron: Roseville Area Schools is submitting a CDBG grant to Ramsey County requesting funding to refurbish parts of Fairview Community School Center. I would appreciate your reviewing the projects listed below and asking the City Council to support the request through a resolution similar to the one enclosed. Projects to be included in request: 1. Updating of fire alarm system 2. Replacement of elevator to allow for handicap accessibility 3. Replacement of a portion of the roof 4. Lower ceiling of cafeteria, air condition cafeteria and repair kitchen exhaust system 5. Level floor of band room, build a wall to divide room and install exterior door, providing a workshop area for the Senior Program 6. Install automatic door. by Senior Center 7. Make swimming pool handicap accessible Please let me know if I need to review any of these projects with other City of Roseville personnel and whether or not these projects are compatible with building codes. The date of submission for the grant is March 1, 1989. your assistance. Sincerely, Karolyn Kingsbury, Assistant Director Community Education KK:co Enclosure An Equal opportunity Employer Thank you for I ENDORSEMENT OF SCHOOL DISTRICT 623 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT Pursuant to due call and notice thereof, a meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota was duly held on the day of , 1989 at 7:30 P.M. The following members were present: and the following were absent: moved that the following resolution be RESOLUTION NO. WHEREAS, School District 623 improve the Fairview Center; and would like to refurbish and WHEREAS, Community Development Block Grants are available through Ramsey County for such purposes; and WHEREAS, School District 623 is requesting funds to eliminate what are defined as health and safety threats within the building. NOW, THEREFORE, be it resolved that the City of Roseville endorses submission of School District 6233Is Community Development Block Grant request. :;t METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 November 1, 1989 Rick Jopke City of Roseville 2660 Civic Center Drive Roseville, MN RE: City of Roseville Comprehensive Plan Amendment Lexington School Metropolitan Council District No. 3 Metropolitan Council Referral File No. 14497-6 Dear Mr. Jopke: The Metropolitan Council staff has reviewed the city's comprehensive plan amendment received by the Council on October 20, 1989. We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied and the information submission f orm will be appended to the city 's plan in the Council I s f iles . This conclude the Council's review. Sincerely, Steve Keefe Chair SK: tf cc: James Senden, Metropolitan Council District No. 3 John Rutford, Metropolitan Council Staff Tori Flood, Metropolitan Council Staff 0 , • • A , • o • / • , ,... • .. . • • • • • • • • • • • • • • • • • 1:Z . • • • • • • • • • • • s •• • • •• • , •7 • • , • �• •• 0000 n ••• •• • • + . • •• . • �'. • • • • • • • • • 11 11 11 /1 1/ • • • • • �� • • r • V • • • • • • • • • • M h •• �A o • • • e • • • • • • •• • • • 0 p • • • • • • • a • • • • • • • • • • • • • • • • • • - QO • • �D ...... .� • • « L• 0 .. u ��. .•« ...,. •.......•..•• • • • . • . � • . • Cam. • • w 1/Ii•� ........ y.��.... •.�•. 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