HomeMy WebLinkAbout1989 11-13 & 11-16 City Council PacketIeRI a L 117-11
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 13, 1989
Council Chambers, Municipal Building
And
7:00 P.M., Thursday, November 16, 1989
Edgerton School
Meeting No. 89 -25
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF MINUTES
1. Meeting No. 11 (May 4 and 8, 1989)
2. Meeting No. 12 (May 18 and 22, 1989)
3. Meeting No. 24 (October 23 and 26, 1989)
D. APPROVAL OF AGENDA
EA.
1. H.R.A. Appointments
E. CONSENTAGENDA
1. Approval of Claims
2. Budget Transfer for NEST Costs
3. 1989 Budget For Dental Self Insurance Fund
4. Lease Agreement —Cable TV
5. Emergency Management — Donation
6. Budget Transfer— League Membership
7. Budget Transfer —Staff Workshop
8. Home Occupation License Renewal, 1725 Laurie Road (Catlin)
9. HRA Annual Report
10. Conditional Use Permit Renewal: 1945 Manton Street (Gladstone Community Center)
11. Time Extension: Crestview 5`" Addition Preliminary Plat
12. Water District 8, Project 86 -15 (Tower) — Acceptance of Project
13. Life Threatening Illness Policy
F. PUBLIC HEARINGS
1. 7:00 P.M., Conditional Use Permit: Kennard Street (Korridor Captial Inv.)
2. 7:15 P.M., Condition Use Permit: Cope Avenue and Atlantic Street (Lillie)
3. 8:15 P.M., County Road B - Rice Street To 1200 Feet East — Project 89 -05 (4 Votes)
THURSDAY, NOVEMBER 16, 1989, EDGERTON SCHOOL
4. 7:00 P.M., Roselawn Avenue, Arcade Street to Interstate 35 -E — Project 89 -03 (4 Votes)
G. AWARD OF BIDS
1. Workhouse Sanitary Sewer Connection to Lower Afton Road (Project 89 -08)
H. UNFINISHED BUSINESS
1. 2683 Geranium (Hechtel)
a. Conditional Use Permit Termination
b. Home Occupation License
2. Alley Vacation and Preliminary Plat: Sheryl's Addition
3. Truth -in -Sale of Housing (1" Reading)
4. C.D.R.B. Appeal: English Place (English Street and Highway 36)
5. Netnorlin Court
a. Street Vacation (4 Votes)
b. Address Change
I. NEW BUSINESS
1. 1990 Budget and Tax Levy
2. Fence Height Request: 2684 Minnehaha Avenue (Neumann)
3. Decision Resources Survey
4. McKnight Townhomes Drainage
5. Zoning /Land Use Plan Consistency
6. Seniors Committee
7. Boxwood Avenue — McKnight to Dorland, Project 87 -19
8. Commission Compensation
9. Budget Transfer: Maintenance material
10. Regional Mutual Aid Association
J.
K. COUNCIL PRESENTATION
L.
1. Junked Vehicle Ordinance
M. ADJOURNMENT OF MEETING
MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, May 4, 1989
and
7:00 P.M., Monday, May 8, 1989
Council Chambers, Municipal Building
Meeting No. 89 -11
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building, and was called to order at 4:32 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Absent
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
1. Meeting No. 88 -30 (December 22, 1988)
Councilmember Anderson moved to approve the Minutes of Meeting No. 88 -30 (December
22, 1988) as corrected
Page 10, Item Kla, "He" instead of "We ".
Seconded by Mayor Greavu. Ayes - all.
2. Meeting No. 89 -1 (January 5, 1989)
Mayor Greavu moved to approve Minutes of Meeting No. 89 -1 (January 5, 1989) as
submitted
Seconded by Councilmember Bastian. Ayes - all.
3. Meeting No. 89 -6 (March 2, 1989)
Mayor Greavu moved to approve the Minutes of Meeting No. 89 -6 (March 2, 1989) as
submitted.
Seconded by Councilmember Bastian. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved approval of the Agenda as amended
1. Wetlands
2. Resolution for Funk Award
1 05/04/89
3.
4.
5.
6.
7.
8.
9.
10.
Upper Afton Road
Manager /Council Meeting
Thursday Night Meeting
Noise Ordinance
Park Land
Remove Items E -4, G -1, and N -1
Council Staff Meeting
Closed Session - Disciplinary Action
Seconded by Councilmember Anderson. Ayes - all.
Councilmember Anderson moved to table E -4 until the May 18, 1989 meeting.
Seconded by Councilmember Rossbach.Ayes - Councilmember Anderson and
Rossbach
Nay - Mayor Greavu
Councilmember Bastian Abstained.
Councilmember Bastian abstained as he didn't feel something of the magnitude of Item
E -4 should be on the Consent Agenda,
Councilmember Anderson moved to table G -1 until the May 18, 1989 meeting.
Seconded by Councilmember Bastian. Ayes - all.
CONSENT AGENDA
Councilmember Anderson moved, seconded by Mayor Greavu, Ayes - all, to approve the
Consent Agenda Items 1, 2, 3, and 5 as recommended
1. Approval of Claims
Approved the following:
ACCOUNTS PAYABLE
436,813.66 Checks #6272 - #6383
Dated 04 -01 -89 thru 04 -27 -89
48,284.48 Checks #7147 - #7249
Dated 05 -04 -89
485,098.14 Total per attached voucher /check register
PAYROLL
171,046.66 Payroll Checks
31,843.45 Payroll Deductions
2 05/04/89
202,890.11
687,988.25
Total Payroll
GRAND TOTAL
2. Donation to Nature Center
Council accepted the donation of $300.00 from the Maplewood - Oakdale Lions Club and
apply it to the Nature Center account 101- 604 -4120.
3. Conditional Use Permit Renewal: 2228 Maplewood Drive (Hoffman Corner Oil)
Approved the renewal of the conditional use permit for a fuel station at 2228
Maplewood Drive for 60 days subject to the original conditions of approval.
4. Pay Equity /Comparable Worth
Tabled until May 18, 1989.
5. Change Order - Gervais Avenue Project 88 -14
Approved the estimated cost of $3,240 to be added to the Gervais Avenue Project
88 -14 to seal an abandoned water well.
F. AWARD OF BIDS
None.
a. UNFINISHED BUSINESS
1. Planning Commission Survey
Tabled to May 18, 1989.
2. Hillcrest Assessment Appeals
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented each appeal in detail:
1. 24 29 22 21 0008 Nielsen 2416 E. Larpenteur
Councilmember Anderson
Seconded by Mayor Greavu. Ayes - all.
2. 24 29 22 31 0003 Bulk Service
Mayor Greavu moved that there is no basis for revising the assessment
Seconded by Councilmember Anderson. Ayes - all.
3 05/04/89
3. 24 29 22 21 0054 Junek
Councilmember Bastian moved to assess 7 lots
Seconded by Councilmember Rossbach. Ayes - all.
4. Mayor Greavu moved to deny the requests for adjustment to the following
parcels
24 29 22 33 0018
24 29 22 11 0001
24 29 22 12 0001
13 29 22 43 0001
24 29 22 22 0018
24 29 22 23 0090
Sal kowicz
St. Paul Priory
St. Paul Priory
Hill- Murray
Thurstin
Toukler
Seconded by Councilmember Bastian. Ayes - all.
5. Councilmember Bastian moved to approve a senior citizen deferment if
Seconded by Councilmember Anderson. Ayes - all.
H. NEW BUSINESS
1. Drainage Assessment Policy
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the policy in detail.
c. Councilmember Anderson moved to adopt the drainage assessment policy as
presented
Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson,
Bastian, and Rossbach.
Nay - Mayor Greavu.
2. final approval of Bonds, Notes, and Developer's Agreement: Cottages of Maplewood.
a. Councilmember Bastian moved to table this item until Monday, May 8, 1989,
and that it be first on the Agenda
Seconded by Councilmember Rossbach. Ayes - all.
3. Review of Ordinances
a. Manager McGuire presented the staff report.
4 05/04/89
b. Council directed staff to begin by presenting the R -3 District Ordinance
for review.
4. Southwinds: Reconsideration
a. Councilmember Bastian
Seconded by Councilmember Anderson. Ayes - all.
I. COUNCIL PRESENTATIONS
1. Wetlands
a. Councilmember Bastian stated he has heard from the Audobon Society and they
expressed their concerns about the preservation of the wetlands behind the Maplewood
Mall. The Society questioned if the City could by \ ,this property.
2. Resolutions
a. Councilmember Bastian introduced the following resolution and moved its
adoption
89 -5 -72
WHEREAS, Donna Senty Funk, a long -time resident of the City of Maplewood, will be
honored at the Minnesota Chapter of the National Association of Women Business Owners
Annual Awards Luncheon on Friday, May 5, 1989;
WHEREAS, Donna will receive a lifetime entrepreneurial achievement award;
WHEREAS, Donna began her catering business in 1949 out of her home on Birmingham
Street and then moved her catering business to the Gladstone House on Frost Avenue;
WHEREAS, over the past forty years virtually every resident of Maplewood has, at
one time or another, had the occasion to sample her delicious food at weddings or
other countless functions;
WHEREAS, Donna is active in our community and has graciously given of herself, as
well as her time, talents and business savvy;
WHEREAS, Donna is an outstanding example to all for her dedication in building her
business into such a successful enterprise;
BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, for and on behalf
of all of the Citizens of Maplewood, that Donna Senty Funk is to be honored and
congratulated on this day of recognition as the recipient of the first Minnesota
National Association of Women Business Owners Lifetime Entrepreneurial Achievement
Award. From all of us "CONGRATULATIONS" -- we are proud to have you as one of our
Maplewood residents!
Seconded by Councilmember Anderson. Ayes - all.
5 05/04/89
3. Upper Afton Road
a. Councilmember Anderson stated residents in the Upper Afton Road area have been
questioning when improvement issue will be brought before Council.
b. Staff stated they are trying for a June hearing.
4. Manager /Council Meeting
a. Council established a meeting for May 15, 1989, at 4:30 p.m. to meet with the
Manager.
5. Thursday Night Meetings
a. Councilmember Anderson expressed his opinion that Council /Staff meetings are
needed to go over the Agenda and that 4:30 p.m. is too early, residents cannot attend
the meetings.
6. Noise Ordinance
a. Councilmember Anderson stated he has had a lot of calls complaining of the
noise permits.
b. Councilmember Anderson moved to waive the Rules of Procedure and discuss the
noise permits at this time
Seconded by Mayor Greavu. Ayes - all.
c. Councilmember Anderson
Seconded by Councilmember Rossbach. Ayes all.
7. Park Plan
a. Councilmember Rossbach stated it has come to his attention that Cave and Sons,
Inc., has reneged on the sale of the park land. Will it have to be obtained by
eminent domain?
b. Staff is trying to negotiate the sale
be investigated.
J. ADMINISTRATIVE PRESENTATIONS
None
K. ADJOURNMENT OF MAY 4, 1989 MEETING
If not, condemnation possibility will
Councilmember adjourned the May 4, 1989, meeting to enter into a closed session to
discuss employee disciplinary action.
6 05/04/89
RECONVENE: CALL MAY 8. 1989 MEETING TO ORDER
Mayor Greavu reconvened the meeting at 7:02 p.m.
M. ROLL CALL
John C. Greavu, Mayor
Norman G. Anderson, Councilmember
Gary W. Bastian, Councilmember
Frances L. Juker, Councilmember
George F. Rossbach, Councilmember
G. UNFINISHED BUSINESS (Continued)
Present
Present
Arrived at 7:45 p.m.
Absent
Present
2. Final Approval of Bonds, Notes, and Developer's Agreement: Cottages of Maplewood
a. Manager McGuire moved to table Item H -2 until the May 18, 1989 meeting
Seconded by Councilmember Anderson. Ayes - all.
N. PUBLIC HEARINGS
1. 7:00 p.m., Walter Street Assessment Hearing
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the Proposed assessment roll for Walter Street Project 84 -14
b. Manager McGuire presented the staff report.
c. Director of Public Works Haider presented the specifics of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following expressed their views:
N. E. Linton, 1096 Frost
Gerald Johnson, 1101 Fenton
Frank Selderbauer, 1889 Walter
Delores Johnson, 1101 Fenton
Ray Halstron, +t-sq Bank of Hugo
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its adoption
89 -5- 103
WHEREAS, pursuant to proper notice duly given as required by law, the City Council
has met and heard and passed upon all objections to the proposed assessment for the
construction of Walter Street -- Fenton to Frost as described in the files of the City
Clerk as Project 84 -14,a nd has amended such proposed assessment as it deems just,
7 05/04/89
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. Such proposed assessment,.as amended, a copy of which is attached hereto and
made a part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments extending over a
period of twenty years, the first of the installments to be payable on or after the
first Monday in January 1990, and shall bear interest at the rate of nine (9.0)
percent per annum from the date of the adoption of this assessment resolution. To the
first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 1989. To each subsequent installment when due
shall be added interest for one year on all unpaid installments.
3. It is hereby declared to be the intention of the Council to reimburse itself
in the future for the portion of the cost of this improvement paid for from municipal
funds by levying additional assessments on notice and hearing as provided for the
assessments herein made, upon any properties abutting on the improvement but not made,
upon any properties abutting on the improvement but not herein assessed for the
improvement, when changed conditions relating to such properties make such assessment
feasible.
4. To the extent that this improvement benefits nonabutting properties which may
be served by the improvement when one or more later extensions or improvements are
made, but which are not herein assessed, therefore, it is hereby declared to be the
intention of the Council, as authorized by Minnesota Statutes Section 420.051, to
reimburse the City by adding any portion of the cost so paid to the assessments levied
for any of such later extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of this assessment to
the county auditor to be extended don the property tax lists of the county, and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Seconded by Councilmember Anderson. Ayes - all.
h. Council will hear appeals on May 18, 1989.
2. 7:20 p.m., Establishment of Tax Increment District for Maplewood Crossing and
Amendment of the Plan for the Cottages of Maplewood.
c. Director of Finance Faust presented the specifics of the proposal.
8 05/04/89
b. Manager McGuire presented the staff report.
d. Mary Ippel, Bonding Consultant, Briggs and Morgan, presented the documents
that are needed.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved its
adoption
89 -5 -73
RESOLUTION ESTABLISHING ECONOMIC
DEVELOPMENT DISTRICT NO. 1 -3 AND
ADOPTING THE TAX INCREMENT FINANCING PLAN
AND DEVELOPMENT PROGRAM RELATING THERETO AND
AMENDING THE TAX INCREMENT FINANCING PLAN
RELATING TO HOUSING DISTRICT NO. 1 -3
WHEREAS:
A. It has been proposed that the City of Maplewood amend the tax increment financing
plan for Housing District No. 1 -3 and establish Economic Development District No. 1 -3
within Development District No. 1 and adopt a tax increment financing plan and development
program with respect thereto under the provisions of Minnesota Statutes, Sections 469.174
hrough 469.179 and Sections 469.124 through 469.134 (collectively the "Act ");
B. The Council has investigated the facts and has caused to be prepared a development
program and proposed tax increment financing plans for the tax increment districts.
C. The City has performed all actions required by law to be performed prior to the
establishment and /or modification of the tax increment districts and the adoption of the
proposed development program and tax increment financing plans relating thereto,
including, but not limited to, notification of Ramsey County and Independent School
District No. 622 and Special Intermediate School District No. 916 having taxing
jurisdiction over the property to be included in the tax increment districts, and the
holding of a public hearing upon published and mailed notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood as
follows:
1. Tax Increment District There is established in the City of Maplewood within
Development District No. 1 a tax increment financing district to be known as "Economic
Development District No. 1 -3. Economic Development District No. 1 -3 shall have the
initial boundaries as indicated in the tax increment financing plan relating thereto.
2. Development Program and Tax Increment Financing Plan relating to Economic
Development District No. 1 -3 . The development program and the tax increment financing
plan are adopted as the development program and tax increment financing plan for Economic
Development District No. 1 -3, and the City Council makes the following findings:
9 05/04/89
P
a) Economic Development District No. 1 -3 is an economic development district as
defined in Minnesota Statutes, Section 469.174 the specific basis for such determination
being:
Economic Development District No. 1 -3 is being created so that the tax
increments derived therefrom can be used to fund the public improvements
set forth in the development program which will stimulate additional
development in Development District No. 1, thereby creating new jobs and
expanding the City's tax base.
b) The proposed redevelopment, in the opinion of the City Council, would not occur
solely through private investment within the reasonably foreseeable future and therefore
the use of tax increment financing is deemed necessary.
The reasons supporting this finding are that:
The development activities within Development District No. 1 to be financed by
tax increment financing are not financeable using traditional methods of municipal
financing. Private investment will not finance these development activities
because of prohibitive costs. It is necessary to finance these development
activities through the use of tax increment financing so that other development by
private enterprise will occur within Development District No. 1.
c) The tax increment financing plan for Economic Development District No. 1 -3
conforms to the general plan for development or redevelopment of the City of Maplewood as
whole.
The reasons for supporting this finding are that:
i) Economic Development District No. 1 -3 is properly zoned;
ii) The tax increment financing plan will generally compliment and serve to
implement policies adopted in the City's comprehensive plan.
d) The tax increment financing plan will afford maximum opportunity, consistent
with the sound needs of the City of Maplewood as a whole, for the development or
redevelopment of Development District No. 1 by private enterprise.
The reasons supporting this finding are that:
As previously stated, the development activities, consisting of
public improvements, to be financed by tax increment financing are
necessary so that additional commercial development by private
enterprise can occur within Development District No. 1.
3. Tax Increment Financing Plan for Housing District No. 1 -3 The amended tax
increment financing plan for Housing District No. 1 -3 is hereby adopted. The findings
made by the City Council on January 11, 1988, with respect to the creation of Housing
District No. 1 -3 are hereby ratified, confirmed, and adopted.
4. Public Purpose The development program and the adoption of the tax increment
10 05/04/89
financing plan for Economic Development District No. 1 -3 conforms in all respects to the
equirements of the Act and will help fulfill a need to develop an area of the City which
is already built up to provide employment opportunities to improve the tax base, and to
improve the general economy of the State and thereby serves a public purpose.
5. Certification The Auditor of Ramsey County is requested to certify the
original gross tax capacity of Economic Development District No. 1 -3 as described in the
tax increment financing plan,a nd to certify in each year thereafter the amount by which
the original gross tax capacity has increased or decreased in accordance with the Act; and
the City Manager is authorized and directed to forthwith transmit this request to the
County Auditor in such form and content as the Auditor may specify, together with a list
of all properties within Economic Development District No. 1 -3 for which building permits
have been issued during the 18 months immediately preceding the adoption of this
resolution.
6. Filing The City Manager is further authorized and directed to file a copy of
the development program and tax increment financing plan for Economic Development District
No. 1 -3 with the Commissioner of Energy and Economic Development.
7. Administration The administration of Development District No. 1 is assigned
to the City Manager who shall from time to time be granted such powers and duties pursuant
to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem
appropriate.
8. Notice of Public Hearing The actions of City staff in causing the notice of
public hearing to be published in the Maplewood Review are hereby ratified, confirmed, and
adopted.
Seconded by Councilmember Rossbach. Ayes - all.
G. UNFINISHED BUSINESS (Continued)
3. Geranium - Ferndale - Call for Assessment Roll and Assessment Hearing.
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider stated the proposed unit assessment is $500
per residential unit for storm sewer and $.10 per square foot for R -3 Districts and
above.
c. Mayor Greavu introduced the following resolution and moved its adoption
89 - 5- 74
WHEREAS, the City Clerk and City Engineer have final costs for the improvement of
Geranium - Ferndale Storm Sewer, City Project 87 -20.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the City Clerk and City Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel
of land abutting on the streets affected, without regard to cash valuation, as
provided by law, and they shall file a copy of such proposed assessment in the City
11 05/04/89
office for inspection.
FURTHER, the Clerk shall, upon completion of such proposed assessment notify the
Council thereof.
Seconded by Councilmember Rossbach. Ayes - all.
d. Mayor Greavu introduced the following resolution and moved its adoption
89 -5 -75
WHEREAS, the Clerk and the Engineer have, at the direction of the Council,
prepared an assessment roll for the construction of Geranium - Ferndale Storm Sewer,
City Project 87 -20, and the said assessment is on file in the office of the City
Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 12th day of June, 1989, at the City Hall at
7:00 p.m., to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to
be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least two weeks
prior to the hearing, and to mail notices to the owners of all property affected by
said assessment.
3. The notice of hearing shall state the date, time, and place of hearing, the
general nature of the improvement the area to be assessed, that the proposed
assessment roll is on file with the Clerk and that written or oral objections will be
considered.
Seconded by Councilmember Rossbach. Ayes - all.
2. Hillcrest Assessment Appeals - Two Additional Appeals
a. Director of Public Works Haider presented the staff report.
b. The assessment amount for 24 29 22 33 0014, 9 units and 96 feet of water main
to total of $6,079.50. Recommendation is to deny the appeal.
c. The assessment amount for 24 29 22 33 0015, 12 units and 98 feet of water main
to total $7,048.00. Recommendation is to deny the appeal.
d. Mayor Greavu moved to deny the assessment appeals for parcels 24 29 22 33 0014
and 24 29 22 33 0015 as recommended.
Seconded by Councilmember Anderson. Ayes - all.
0. VISITOR PRESENTATIONS
12 05/04/89
1. Geranium - Ferndale Area Residents
a. The following residents of the Geranium - Ferndale area expressed their views
opposing the assessment.
Greg Peterson, 2707 Geranium
Mrs. Mary Jani Schuler, 2648 Gernaium Avenue
Sam Waggerman, 2695 Stillwater Road
John Mortenson, 2638 Gernaium Avenue
Councilmember Bastian arrived at 7:45 p.m.
P. ADJOURNMENT OF MAY 8, 1989 MEETING
8:07 P.M.
City Clerk
13 05/04/89
MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, May 18, 1989
and
7:00 P.M., Monday, May 22, 1989
Council Chambers, Municipal Building
Meeting No. 89 -12
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was
held in the Council Chambers, Municipal Building, and was called
to order at 4:30 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Arrived at 4:42 P.M.
C. APPROVAL OF MINUTES
1. Meeting No. 89 -1 (January 9, 1989)
Councilmember Anderson moved to approve the Minutes of
Meeting No. 89 -1 (January 9. 1989) as submitted.
Seconded by Councilmember Bastian.
D. APPROVAL OF AGENDA
1. Light - White Bear Avenue and Burke
2. Cable
3. Fulk Manufacturing
4. Manager Meeting June 1
Seconded by Councilmember Bastian.
E. CONSENT AGENDA
Council removed Item E -1 to become Item H -14.
Ayes - all.
Ayes - all.
Councilmember Bastian moved, seconded by Mayor Greavu. Ayes - all,
tq approve the Consent Agenda, Items 2 through 5 as recommended.
1. Approval of Claims
Discussed as Item H -14.
1 5 -18 -89
2. Clean Up of Demolished Business
Accepted the low bid of $1,000 from Ray Anderson and
Son, order removal of the debris and assess the cost
against the property taxes. Property located at the
Northwest corner of Cope and Hazelwood.
3. Registered Land Survey: 2090 County Road D (Hause)
Approved the Registered Land Survey for Leslie and
Lucille Hause for three parcels of property between
Lydia and County Road D as submitted.
4. Conditional Use Permit Renewal: Rolling Hills Second Addition
Approved the renewal of the conditional use permit for
the Rolling Hills Second Addition for one year subject
to the original conditions of approval.
5. Conditional Use Permit Renewal: 1225 Frost Avenue (Hirsch)
Approved the renewal of the conditional use permit for
George's Auto, 1225 Frost Avenue for one year subject
to the original conditions.
Councilmember Rossbach arrived at 4:42 P.M.
F. AWARD OF BIDS
1. Individual Pressure Reducing Valves, Project 89 -09.
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following
resolution and moved its adoption:
89 - 5 - 76
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the bid of Aquarius Heating &
Plumbing, Inc., in the amount of $23,234.00 is the
lowest responsible bid for the construction of
individual pressure reducing valves, City Project 89-
09, and the Mayor and Clerk are hereby authorized and
directed to enter into a contract with said bidder for
and on behalf of.the City.
A total project budget of $30,000 is hereby appropriated.
2 5 -18 -89
Seconded by Councilmember Bastian. Ayes - all.
G. UNFINISHED BUSINESS
1. Final Approval of Bonds, Notes, and Developer's Agreement (Cottages
of Maplewood)
a. Manager McGuire presented the Staff report.
b. Mary Ippel, Bonding Consultant, Briggs and Morgan,
presented the specifics of the proposal.
c. Councilmember Anderson introduced the following
resolution and moved its adoption:
89 - 5 - 77
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions.
The terms used herein, unless the context hereof
shall require otherwise shall have the following
meanings, and any other terms defined in the Loan
Agreement shall have the same meanings when used
herein as assigned to them in the Loan Agreement,
unless the context or use thereof indicates another or
different meaning or intent.
Act: the relevant provisions of Minnesota
Statutes, Chapters 462A, 462C and 475, as amended;
Bond Counsel: the firm of Briggs and Morgan,
Professional Association, of St. Paul and Minneapolis,
Minnesota, and any opinion of Bond Counsel shall be a
written opinion signed by such Counsel;
Bond Loan Agreement: the loan agreement dated
as of May 1, 1989, executed by and between the City
and the Company pursuant to which the City loans the
proceeds of the Bonds to the Company to finance a
portion of the Project Costs;
Bonds: the $2,230,000 Multifamily Housing
Revenue Bonds, Series 1989 (Cottages of Maplewood
Project - FHA Insured Mortgage Loan) issued by the
City pursuant to the Indenture;
3 5 -18 -89
City: the City of Maplewood, Minnesota, its
successors and assigns;i
Code or Internal Revenue Code: the Internal
Revenue Code of 1986, as amended;
Company: Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership, its
successors and assigns, and any surviving, resulting
or transferee business entity which may assume its
obligations under the Loan Agreement;
Construction Fund: the fund established by the
City pursuant to this Resolution and into which the
proceeds of the Note will be deposited;
Credit: collectively, the Initial Credit issued
by MidAmerica and any Replacement Credit;
Credit Agreement: the agreement of even date
herewith, by and between the Company and the Lender,
setting forth the terms under which the Lender may
draw on a Credit;
Declaration: the Declaration of Restrictive
Covenants dated as of May 1, 1989, executed by the
Company and recorded against the Project Premises;
Disbursing Agreement: the agreement to be
executed by the City, the Company and Title, relating
to the disbursement of the proceeds of the Note from
the Construction Fund to pay or reimburse the Company
for the costs of the construction and installation of
the Project;
Final Maturity Date: May 1, 1999, or such
earlier date on which the entire Principal Balance of
the Note, the accrued interest thereon and any premium
are fully paid and discharged;
Indenture: the Indenture of Trust dated as of
May 1, 1989, between the City and American National
Bank and Trust Company, in St. Paul, Minnesota,
pursuant to which the Bonds are issued;
Initial Credit: the irrevocable standby letter
of credit issued by Mid America;
Lender: , in _
Minnesota, its successors and
assigns;
4 5- 18 -89.
Mid America: Mid America Bank Maplewood, a
state banking corporation, organized under the laws of
the State of Minnesota;
Note: the $264,000 Multifamily Housing Revenue
Note, Series 1989 (Cottages of Maplewood Project), to
be issued by the City pursuant to this Resolution;
Note Loan Agreement: the agreement to be
executed by the City and the Company, providing for
the issuance of the Note and the loan of the proceeds
thereof to the Company, including any amendments or
supplements thereto made in accordance with its
provisions;
Note Register: the records kept by the City
Manager to provide for the registration of transfer of
ownership of the Note;
Plans and Specifications: the plans and
specifications for the construction and installation
of the Project, together with such modifications
thereof and additions thereto as are reasonably
determined by the Company to be necessary or desirable
for the completion of the Project;
Pledge Agreement: the agreement to be executed
by the City in favor of the Lender pledging and
assigning its interests in the Loan Agreement to the
Lender;
Principal Balance: so much of the principal sum
on the Note as remains unpaid at any time;
Proiect: that certain 59 unit rental apartment
facility and related improvements and equipment
including Project Equipment) which are required by
the Loan Agreement and the Disbursing Agreement to be
constructed and installed on the Project Premises,
together with all additions to, replacements of, and
substitutions for, any of the foregoing which may be
made as permitted;
Proiect Equipment: any and all (i) fixtures or
tangible personal property now or hereafter attached
or affixed to the Project Premises, but specifically
excluding any trade fixtures owned by tenants, if any,
ii) other tangible personal property now or hereafter
located within or used in connection with the Project
and acquired, in whole or part, from Note proceeds
which items are generally described in Exhibit B
attached to the Loan Agreement), and (iii) any
5 5 -18 -89
additions to, replacements of and substitutions for
any of the foregoing which may be permitted or
required by the Loan Agreement;
Proiect Premises: the real property and any
other easements and rights described in Exhibit A
attached to the Loan Agreement;
Replacement Credit: a letter of credit provided
by the Company pursuant to Section 4.07 of the Loan
Agreement to replace or supplement a prior Credit;
Resolution: this Resolution of the City adopted
April 20, 1989, together with any supplement or
amendment thereto;
Title: Commonwealth Land Title Insurance
Company;
All references in this instrument to
designated "Articles," "Sections" and other
subdivisions are to the designated Articles, Sections
and subdivisions of this instrument as originally
executed. The words "herein," "hereof" and
hereunder" and other words of similar import refer to
this Resolution as a whole not to any particular
Article, Section or subdivision.
1 -2. Legal Authorization.
The City is a political subdivision of the State of
Minnesota and is authorized under the Act, to initiate the Project
herein referred to, and to issue and sell the Note for the
purpose, in the manner and upon the terms and conditions set forth
in the Act and in this Resolution.
1 -3. Findings.
The City Council has heretofore
determined, and does hereby determine, as follows:
1) the City is authorized by Minnesota
Statutes, Chapter 462C, as amended, to issue its
revenue note to finance, in whole or in part, the
costs of a multifamily rental housing development (the
Project ") for the public purposes expressed in the
Act;
2) the Issuer has made the necessary
arrangements with Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership (the
Company "), for the acquisition, installation, and
6 5 -18 -89
construction of the Project, which will be of the
character and accomplish the purposes provided by the
Act.
3) the Issuer has agreed to issue its
2,230,000 Multifamily Housing Revenue Bonds, Series
1989 (Cottages of Maplewood Project - FHA Insured
Mortgage Loan) (the "Bonds ") and loan the proceeds
thereto to the Company pursuant to the terms of a loan
agreement dated as of May 1, 1989 between the City and
the Company (the "Bond Loan Agreement ") to finance a
portion of the costs of the acquisition, construction
and equipping of the Project;
4) the Issuer has also agreed to enter into a
revenue agreement with the Company (in the form of the
Loan Agreement as hereinafter defined) which provides
for the Issuer to finance a portion of the costs of
the acquisition, construction and equipping of the
Project by making a loan (the "Loan ") to the Company
to be funded through the issuance of a Multifamily
Housing Revenue Note, Series 1989 (Cottages of
Maplewood Project), in the aggregate principal amount
of $264,000 (the "Note ");
5) the amount estimated to be necessary to
finance the costs of the Project, including the costs
and estimated costs permitted by Section 469.157 of
the Act, in addition to the issuance of the Bonds and
other moneys to be contributed by the Company, will
require the issuance of the Note in the principal
amount of $264,000 as hereinafter provided;-
6) it is desirable, feasible and consistent
with the objects and purposes of the Act to issue the
Note, for the purpose of financing a portion of the
costs of the Project;
7) under the terms of the Loan Agreement, the
Company has agreed to the repayment of the sums
borrowed pursuant thereto;
8) in connection with the issuance of the Note
and the Bonds, the Company will enter into a
Regulatory Agreement dated as of May 1, 1989 with the
Issuer and Bond Trustee (the "Regulatory Agreement ")
and will execute a Declaration of Restrictive
Covenants dated as of May 1, 1989 (the "Declaration")
relating to compliance with certain federal, state and
local requirements applicable to the Project;
7 5 -18 -89
9) to provide additional security for the
repayment of the Note, Mid America Bank Maplewood, a
state banking corporation, organized under the laws of
the State of Minnesota, has agreed to issue its
Irrevocable Standby Letter of Credit (the "Initial
Credit ") to secure the payment of the principal and
interest on the Note; and
10) the Note and the interest accruing thereon
do not constitute an indebtedness of the City within
the meaning of any constitutional or statutory
limitation and do not constitute or give rise to a
pecuniary liability or a charge against the general
credit or taxing powers of the City and neither the
full faith and credit nor the taxing powers of the
City is pledged for the payment of the Note or
interest thereon.
1 -4. Authorization and Ratification of
Proiect.
The City has heretofore and does hereby
authorize the Company, in accordance with the
provisions of the Act and subject to, among other
things, the terms and conditions set forth in the
Disbursing Agreement, to provide for the construction
and installation of the Project pursuant to the Plans
and Specifications by such means as shall be available
to the Company and in the manner determined by the
Company, and without advertisement for bids as may be
required for the construction and acquisition of
municipal facilities; and the City hereby ratifies,
affirms, and approves all actions heretofore taken by
the Company consistent with and in anticipation of
such authority and in compliance with the Plans and
Specifications.
ARTICLE TWO
NOTE
2 -1. Authorized Amount and Form of Note.
The Note issued pursuant to this
Resolution shall be in substantially the form set
forth herein, with such appropriate variations,
omissions and insertions as are permitted or required
by this Resolution, and in accordance with the further
provisions hereof; and the total principal amount of
the Note that may be outstanding hereunder is
expressly limited to $264,000, unless a duplicate Note
is issued pursuant to Section 2 -7. The Note shall be
in substantially the following form:
8 5 -18 -89
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
PITY OF MAPLEWOOD
Multifamily Housing Revenue Note, Series 1989
Cottages of Maplewood Project)
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota, (the "City ") hereby promises to pay
in
Minnesota, its successors or registered
assigns (the "Lender "), from the source and in the
manner hereinafter provided, the principal sum of
AND /100 DOLLARS ($^
or so much thereof as remains unpaid from time to
time (the "Principal Balance "), with interest at the
rate of percent ( 8) per annum, in
any coin or currency which at the time or times of
payment is legal tender for the payment of public or
private debts in the United States of America, in
accordance with the terms hereinafter set forth.
1. The principal of and interest on this
Note shall accrue and be payable as follows:
a) Interest. Interest on the
Principal Balance of this Note shall
accrue from and after the date of this
Note and shall be payable on February 1,
May 1, August 1 and November 1 of each
year, (each an "Interest Payment Date "),
commencing on August 1, 1989.
b) Principal. Installments of the
Principal Balance of the Note shall mature
on May 1, in the years and amounts set
forth below:
Payment Date Amount
1994 $
1995
1996
1997
1998
1999
9 5 -18 -89
2. In any event, the payments hereunder
shall be sufficient to pay all principal and interest
due, as such principal and interest becomes due, and
to pay any premium or service charge, at maturity,
upon redemption, or otherwise. Interest shall be
computed on the basis of a 360 day year, but charged
for the actual number of days elapsed in a 365 day
year.
3. Principal and interest and premium, if
any, or any service charge due hereunder shall be
payable at the principal office of the Lender, or at
such other place as the Lender may designate in
writing.
4. This Note is issued by the City to
provide funds to be loaned to the Company pursuant to
a Loan Agreement dated as of May 1, 1989, by and
between the City and Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership (the
Company ") to assist in the financing of a rental
housing project. Use and operation of the Project
will be subject to certain requirements and tax
covenants contained in a Regulatory Agreement dated as
of May 1, 1989, by and between, among others, the City
and the Company (the "Regulatory Agreement ") and a
Declaration of Restrictive Covenants dated as of May
1, 1989, executed by the Company (the "Declaration "),
which will be recorded as covenants running with the
land and requiring compliance with federal and state
requirements similar to those contained in the
Regulatory Agreement. This Note is further issued
pursuant to and in full compliance with the
Constitution and laws of the State of Minnesota,
particularly, Minnesota Statutes, Chapter 462C, and
pursuant to a resolution of the City Council duly
adopted on April 20, 1989 (the "Resolution ").
5. Capitalized terms used herein shall
have the following meanings and if not defined herein
shall have the same meaning given them in the Note
Resolution or Loan Agreement:
A. "Bank" means Town and Country
State Bank of Maplewood, in Maplewood,
Minnesota, or any subsequent entity,
providing a Replacement Credit;
B. "Credit" means the Initial
Credit and any Replacement Credit;
10 5 -18 -89
C. "Credit Agreement" means the
agreement by and between the Lender and
the Company, pursuant to which the terms
under which the Lender may draw on a
Credit are set forth;
D. "Initial Credit" means the
irrevocable standby letter of credit
issued by Town and Country with respect to
the Note in an amount equal to the sum of
i) the outstanding principal amount of
the Note, and (ii) 195 days interest
thereon;
E. "Replacement Credit" means a
letter of credit issued to replace an
existing Credit; and
F. "Town and Country" means Town
and Country State Bank of Maplewood, a
Minnesota state banking corporation;
6. This Note is secured by a Pledge
Agreement of even date herewith by the City to the
Lender (the " Agreement ") and by the Initial
Credit issued by Mid America Bank Maplewood, which
expire on The Company is
required, in accordance with the Loan Agreement, to
provide the Initial Credit or a Replacement Credit,
until the Final Maturity Date of the Note in an amount
equal to the sum of (i) the outstanding Principal
Balance of the Note, and (ii) at least 195 days
interest thereon. The Initial Credit or any
Replacement Credit may be replaced upon satisfaction
of the conditions therefore stated in the Loan
Agreement. The Lender may draw on the Initial Credit
or any replacement Credit upon the terms set forth in
the Credit Agreement dated as of May 1, 1989, executed
by the Company in favor of the lender (the "Credit
Agreement "). The proceeds of the Note are to be
placed in the Construction Fund established pursuant
to the Resolution and the Disbursing Agreement
hereinafter referred to), and the disbursement of the
proceeds of this Note from the Construction Fund is
subject to the terms and conditions of a Disbursing
Agreement of even date herewith among the City, the
Company and Commonwealth Land Title Insurance Company
the "Disbursing Agreement ").
7. The City, for itself, its successors
and assigns, hereby waives demand, presentment,
protest and notice of dishonor; and to the extent
11 5 -18 -89
permitted by law, the Lender may extend interest
and /or principal of or any service charge or premium
due on this Note, including the Final Maturity Date,
all without notice to or consent of any party liable
hereon or thereon and without releasing any such party
from such liability and whether or not as a result
thereof the interest on the Note is no longer exempt
from the federal income tax. In no event, however,
may the Final Maturity Date be extended beyond thirty
30) years from the date hereof.
B. This Note may not be prepaid prior to
May 1, 1993. Beginning on May 1, 1993, this Note may
be prepaid in whole, but not in part, on May 1, 1993
upon payment of a premium of two percent (28). The
premium for prepayment shall decrease one percent (18)
on each May 1 thereafter. Beginning with May 1, 1995,
this Note may be prepaid in whole but not in part,
without premium.
9. This Note is also subject to
prepayment, without premium, to the extent that there
are any surplus sums held in the Construction Fund as
provided under Section 6 of the Disbursing Agreement.
10. In the event of prepayment of this
Note, the Lender shall apply any such prepayment
against the applicable prepayment premium, if any,
then against the accrued interest on the Principal
Balance and finally against the final principal
amounts due under the Note. The monthly .payments due
under paragraph 1 hereof, shall continue to be due and
payable in full until the entire Principal Balance and
accrued interest on this Note have been paid
regardless of any partial prepayment made hereunder.
11. As provided in the Resolution and
subject to certain limitations set forth therein, this
Note is only transferable upon the books of the City
at the office of the Manager, by the Lender in person
or by his agent duly authorized in writing, at the
Lender's expense, upon surrender hereof together with
a written instrument of transfer satisfactory to the
Manager, duly executed by the Lender or its duly
authorized agent. Upon such transfer the Manager will
note the date of registration and the name and address
of the new registered Owner in the registration blank
appearing below. The City may deem and treat the
person in whose name the Note is last registered upon
the books of the City with such registration noted on
the Note, as the absolute owner hereof, whether or not
overdue, for the purpose of receiving payment of or on
12 5 -18 -89
the account, of the Principal Balance, redemption
price or interest and for all other purposes, and all
such payments so made to the Lender or upon his order
shall be valid and effective to satisfy and discharge
the liability upon the Note to the extent of the sum
or sums so paid, and the City shall not be affected by
any notice to the contrary.
12. All of the agreements, conditions,
covenants, provisions and stipulations contained in
the Resolution, the Loan Agreement, the Pledge
Agreement, the Credit Agreement, the Regulatory
Agreement, the Declaration and the Disbursing
Agreement are hereby made a part of this Note to the
same extent and with the same force and effect as if
they were fully set forth herein.
13. This Note and interest thereon and
any service charge or premium due hereunder are
payable solely form the revenues and proceeds derived
from the Loan Agreement and Credit Agreement, and do
not constitute a debt of the City within the meaning
of any constitutional or statutory limitation,m are
not payable from or a charge upon any funds other than
the revenues and proceeds pledged to the payment
thereof, and do not give rise to a pecuniary liability
of the City or, to the extent permitted by law, of any
of its officers, agents or employees, and no holder of
this Note shall ever have the right to compel any
exercise of the taxing power of the City to pay this
Note or the interest thereon, or to enforce payment
thereof against any property of the City,'and this
Note does not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of
the City, and the agreement of the City to perform or
cause the performance of the covenants and other
provisions herein referred to shall be subject at all
times to the availability of revenues or other funds
furnished for such purpose in accordance with the Loan
Agreement, sufficient to pay all costs of such
performance or the enforcement thereof.
14. It is agreed that time is of the
essence of this Note. If an Event of Default (as that
term is defined in the Loan Agreement) shall occur,
when the Lender shall have the right and option to
declare, without prior notice of any kind, the
Principal Balance and accrued interest thereon,
immediately due and payable, whereupon the same, plus
any premiums or service charges, shall be due and
payable, but solely from sums made available under the
Loan Agreement, the Credit Agreement and the
13 5 -18 -89
Disbursing Agreement. Failure to exercise such option
at any time shall not constitute a waiver of the right
to exercise the same at any subsequent time.
15. The remedies of the Lender, as
provided herein and in the Credit Agreement, the Loan
Agreement, the Pledge Agreement and the Disbursing
Agreement, are not exclusive and shall be cumulative
and concurrent and may be pursued singly, successively
or together, at the sole discretion of the Lender, and
may be exercise as often as occasion therefor shall
occur; and the failure to exercise any such right or
remedy shall in no event be construed as a waiver or
release thereof.
16. The Lender shall not be deemed, by
any act of omission or commission, to have waived any
of its rights or remedies . hereunder unless such waiver
is in writing and signed by the Lender and, then only
to the extent specifically set forth in the writing.
A waiver with reference to one event shall not be
construed as continuing or as a bar to or waiver of
any right or remedy as to a subsequent event.
17. This Note has been issued without
registration under state or federal or other
securities laws, pursuant to an exemption for such
issuance; and accordingly the Note may not be assigned
or transferred in whole or part, nor may a
participation interest in the Note be given pursuant
to any participation agreement, except in, accordance
with an applicable exemption from such registration
requirements.
18. It is recognized that the obligations
of the Company are non - recourse obligations to the
extent provided in Section 6.08 of the Loan Agreement.
IT IS HEREBY CERTIFIED AND RECITED that
all conditions, acts and things required to exist,
happen and be performed precedent to or in the
issuance of this Note do exist, have happened and have
been performed in regular and due form as required by
law.
IN WITNESS WHEREOF, the City has caused
this Note to be duly executed in its name by the
manual signatures of the Mayor and Manager and has
caused the corporate seal to be affixed hereto, and
has caused this Note to be dated May 1, 1989.
CITY OF MAPLEWOOD, MINNESOTA
14 5 -18 -89
Mayor
Attest
SEAL)
Manager
PROVISIONS AS TO
The ownership of the unpaid Principal
Balance of this Note and the interest accruing thereon
is registered on the books of the City of Maplewood in
the name of the holder last noted below.
Date of Name and Address Signature of
Registration Registered Owner Manager
1989
2 -2. The Initial Note.
The Note shall be dated as of the date of
delivery, shall be payable at the times and in the
manner, shall bear interest at the rate, and shall be
subject to such other terms and conditions as are set
forth therein.
2 -3. Execution.
The Note shall be executed on behalf of
the City by the signatures of its Mayor and Manager
and shall be sealed with the seal of the City. In
case any officer whose signature shall appear on the
Note shall cease to be such officer before the
delivery of the Note, such signature shall
nevertheless be valid and sufficient for all purposes,
the same as if had remained in office until delivery.
In the event of the absence or disability of Mayor or
the Manager such officers of the City as, in the
opinion of the City Attorney, may act in their behalf,
15 5 -18 -89
shall without further act or authorization of the City
Council execute and deliver the Note.
2 -4. Delivery of Initial Note.
Before delivery of the Note there shall be
filed with the Lender (except to the extent waived by
the Lender) the following items:
1) an executed copy of each of the following documents:
A) the Loan Agreement;
B) the Pledge Agreement;
C) the Initial Credit;
D) the Credit Agreement;
E) the Disbursing Agreement;
F) the Regulatory Agreement;
G) the Declaration;
2) an opinion of Council for the Company as prescribed by
Bond Counsel;
3) the opinion of Bond Counsel as to the
validity and tax exempt status of the Note;
4) such other documents and opinions as.Bond
Counsel may reasonably require for purposes of
rendering its opinion required in subsection (3) above
or that the Lender may reasonably require for the
closing.
2 -5. Disposition of Note Proceeds.
1) There is hereby established a
Construction Fund to be held by Title as a separate
account of the City as provided in the Disbursing
Agreement. Upon delivery of the Note to Lender, the
proceeds of the Note shall be credited to the
Construction Fund held by Title on behalf of the City,
at which time the entire principal amount of the Note
shall be deemed advanced, and Title shall, on behalf
of the City, disburse funds from the Construction Fund
for payment of Project Costs upon receipt of such
supporting documentation as Title may deem reasonably
necessary, including compliance with the provisions of
the Disbursing Agreement. Title or the Company shall
16 5 -18 -89
provide the City with a full accounting of all funds
disbursed for Project Costs.
2) Any surplus in the Construction Fund
shall be applied towards the prepayment of the Note as
provided in the Disbursing Agreement and shall not be
invested to produce a yield greater than the yield on
the Note, as required by Internal Revenue Service
Revenue Procedure 79 -5, Revenue Procedure 81 -22 and 26
CFR 601.201 (and any subsequent amendments,
modifications or replacements thereof); provided that,
if the Lender receives an opinion of Bond Counsel that
the exemption from federal income taxation of interest
on the Notes will not be jeopardized, the surplus
funds may be invested at a yield greater than the
yield on the Note.
2 -6. Registration of Transfer.
The City will cause to be kept at the
office of the Manager a Note Register in which,
subject to such reasonable regulations as it may
prescribe, the City shall provide for the registration
of transfers of .ownership of the Note. The Note shall
be initially registered in the name of the Lender and
shall be transferable upon the Note Register by the
Lender in person or by its agent duly authorized in
writing, upon surrender of the Note together with a
written instrument of transfer satisfactory to the
Manager, duly executed by the Lender or its duly
authorized agent. The following form of assignment
shall be sufficient for said purpose.
For value received hereby
sells, assigns and transfers unto the within Note of
the City of Maplewood, Minnesota, and does hereby
irrevocable constitute and appoint
attorney to transfer said Note on the books of said
City with full power of substitution in the premises.
The undersigned certificates that the transfer be made
in accordance with the provisions of Section 2 -9.
Dated:
Registered Owner
Upon such transfer the Manager shall note the date of
registration and the name and address of the new
Lender in the Note Register and in the registration
blank appearing on the Note.
17 5 -18 -89
2 -7. Mutilated, Lost or Destroyed Note.
In case any Note issued hereunder shall
become mutilated or be destroyed or lost, the City
shall, if not then prohibited by law, cause to be
executed and delivered, a new Note of like outstanding
principal amount, number and tenor in exchange and
substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for
such Note destroyed or lost, upon the Lender's paying
the reasonable expenses and charges of the City in
connection therewith, and in the case of a Note
destroyed or lost, the filing with the City of
evidence satisfactory to the City with indemnity
satisfactory to it. If the mutilated, destroyed or
lost Note has already matured or been called for
redemption in accordance with its terms, it shall not
be necessary to issue a new Note prior to payment.
2 -8. ownership of Note.
The City may deem and treat the person in
whose name the Note is last registered in the Note
Register and by notation on the Note whether or not
such Note shall be overdue, as the absolute owner of
such Note for the purpose of receiving payment of or
on account of the Principal Balance, redemption price
or interest and for all other purposes whatsoever, and
the City shall not be affected by any notice to the
contrary.
2 -9. Limitation on Note Transfers.
The Note has been issued without registration
under state or other securities laws, pursuant to an
exemption for such issuance; and accordingly, the Note
may not be assigned or transferred in whole or part,
nor may a participation interest in the Note be given
pursuant to any participation agreement, except in
accordance with an applicable exemption from such
registration requirements.
2 -10. Issuance of New Notes.
Subject to the provisions of Section 2 -9,
the City shall, at the request and expense of the
Lender, issue a new note, in aggregate outstanding
principal amount equal to that of the Note
surrendered, and of like tenor except as to principal
amount and registered in the name of the Lender or
such transferee as may be designated by the Lender.
18 5 -18 -89
ARTICLE THREE
GENERAL COVENANTS
3 -1. Payment of Principal and Interest.
The City covenants that it will promptly
pay or cause to be paid the principal of and interest
on the Note at the place, on the dates, solely from
the source and in the manner provided herein and in
the Note. The principal and interest are payable
solely from and secured by revenues and proceeds
derived from the Loan Agreement, the Pledge Agreement,
the Credit Agreement and the Disbursing Agreement,
which revenues and proceeds are hereby specifically
pledged to the payment thereof in the manner and to
the extent specified in the Note, the Loan Agreement,
the Pledge Agreement, the Disbursing Agreement and the
Credit Agreement; and nothing in the Note or in this
Resolution shall be considered as assigning, pledging
or otherwise encumbering any other funds or assets of
the City.
3 -2. Performance of and Authority for Covenants.
The City covenants that it will faithfully
perform at all times any and all covenants,
undertakings, stipulations and provisions contained in
this Resolution, in the Note executed, authenticated
and delivered hereunder and in all proceedings of the
City Council pertaining thereto; that it is duly
authorized under the Constitution and laws of the
State of Minnesota including particularly and without
limitation the Act, to issue the Note authorized
hereby, pledge the revenues and assign the Loan
Agreement in the manner and to the extent set forth in
this Resolution, the Note, the Loan Agreement and the
Pledge Agreement; that all action on its part for the
issuance of the Note and for the execution and
delivery thereof has been duly effectively taken; and
that the Note in the hands of the Lender is and will
be a valid and enforceable special limited obligation
of the City according to the terms thereof.
3 -3. Enforcement and Performance of Covenants.
The City agrees to enforce all covenants
and obligations of the Company under the Loan
Agreement and Disbursing Agreement, upon request of
the Lender and being indemnified to the satisfaction
of the Authority for all expenses and claims arising
therefrom, and to perform all covenants and other
19 5 -18 -89
Provisions pertaining to the City contained in the
Note, the Loan Agreement and the Disbursing Agreement,
subject to the provisions of Section 3 -4 hereof.
3 -4. Nature of Security.
Notwithstanding anything contained in the
Note, the Credit Agreement, the Disbursing Agreement,
the Loan Agreement, the Pledge Agreement or any other
document referred to in Section 2 -4 to the contrary,
under the provisions of the Act, the Note may not be
payable from or be a charge upon any funds of the City
other than the revenues and proceeds pledged to the
payment thereof; nor shall the City be subject to any
liability thereon, nor shall the Note otherwise
contribute or give rise to a pecuniary liability of
the City or, to the extent permitted by law, any of
the City's officers, employees and agents. No holder
of the Note shall ever have the right to compel any
exercise of the taxing power of the City to pay the
Note or the interest thereon, or to enforce payment
thereof against any property of the City other than
the revenues pledged under the Pledge Agreement; and
the Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of
the City; and the Note shall not constitute a debt of
the City within the meaning of any constitutional or
statutory limitation; but nothing in the Act impairs
the rights of the Lender to enforce the covenants made
for the security thereof as provided in this
Resolution, the Loan Agreement, the Pledge Agreement,
the Credit Agreement, the Disbursing Agreement and in
the Act, and by authority of the Act the City has made
the covenants and agreements herein for the benefit of
the Lender;l provided that in any event, the agreement
of the City to perform or enforce the covenants and
other provisions contained in the Note, the Loan
Agreement, the Pledge Agreement and the Disbursing
Agreement, shall be subject at all times to the
availability of revenues under the Loan Agreement
sufficient to pay all costs of such performance or the
enforcement thereof, and the City shall not be subject
to any personal or pecuniary liability thereon.
3 -5. Preservation of Tax Exempt Status of the Note.
1) In order to preserve the tax exempt
status of the Note, the City covenants that it shall
take such actions as are required and 'within its
reasonable control to prevent the interest on the Note
from becoming taxable for federal income tax purposes
for the owners thereof (other than any owner who is a
20 5 -18 -89
substantial user" or "related person thereto" within
the meaning of Section 148 of the Code) including but
not limited to taking all actions required of it under
Section 148 of the Code. To this end, the City shall:
A) cause the Company to maintain records
identifying all "gross Proceeds" attributable to the
Note, the yield at which such gross proceeds are
invested, any arbitrage profit derived therefrom, and
any earnings derived from the investment of such
arbitrage profit;
B) make and maintain on file all annual
determinations of the amount, if any, of excess
arbitrage required to be rebated to the United States;
C) rebate to the United States at lease
once every five years the amount, if any, which is
required to be rebated to the United States, including
the last installment which shall be made no later than
60 days after the day on which the Note is paid in
full;
D) not invest "gross proceeds" in any
acquired nonpurpose obligations so as to deflect
arbitrage otherwise payable to the United States as a
prohibited payment" to a third party;
E) refrain from investing any "gross
Proceeds" allocable to the Note in acquired nonpurpose
obligations at a yield in excess of the yield on the
Note to the extent such gross proceeds exceed in any
calendar year more than 150% of the debt service
requirements for the Note in that calendar year; and
F) retain on file all records of the
annual determination of the rebate amount until six
6) years after the retirement of the Note.
ARTICLE FOUR
MISCELLANEOUS
4 -1. Severability.
If any provision of this Resolution shall
be held or deemed to be or shall, in fact, be
inoperative or unenforceable as applied in any
particular case in any jurisdiction or jurisdictions
or in all jurisdictions or in all cases because it
conflicts with any provisions of any constitution or
statute or rule or public policy, or for any other
21 5 -18 -89
reason, such circumstances shall not have the effect
of rendering the provision in question inoperative or
unenforceable in any other case or circumstance, or of
rendering any other provision or provisions herein
contained invalid,. inoperative, or unenforceable to
any extent whatever. The invalidity of any one or
more phrases, sentences, clauses or paragraphs in this
Resolution contained shall not affect the remaining
portions of this Resolution or any part thereof.
4 -2. Authentication of Transcript
The officers of the City are directed to
furnish to Bond Counsel certified copies of this
Resolution and all documents referred to herein, and
affidavits or certificates as to all other matters
which are reasonably necessary to evidence the
validity of the Note. All such certified copies,
certificates and affidavits, including any heretofore
furnished, shall constitute recitals of the City as to
the correctness of all statements contained therein.
4 -3. Reoistration of Resolution.
The City Manager is authorized and
directed to cause a copy of this Resolution to be
filed with the County Auditor of Ramsey County, and to
obtain from said County Auditor a certificate that the
Note as a bond of the City has been duly entered upon
his bond register.
4 -4. Authorization to Execute Agreements
The forms of the proposed Loan Agreement, the Pledge
Agreement and the Disbursing Agreement, are hereby approved in
substantially the form heretofore presented to the City Council,
together with such additional details therein as may be necessary
and appropriate and such modifications thereof, deletions
therefrom and additions thereto as may be necessary and
appropriate and approved by Bond counsel prior to the execution of
the documents, and the mayor and Manager of the City are
authorized to execute the Loan Agreement, the Pledge Agreement and
the Disbursing Agreement in the name of and on behalf of the City
and such other documents as Bond Counsel consider appropriate in
connection with the issuance of the Note. In the event of the
absence or disability of the Mayor or the Manager such officers of
the City as, in the opinion of the City Attorney, may act in their
behalf, shall without further act or authorization of the City
Council do all things and execute all instruments and documents
required to be done or executed by such absent or disabled
officers. The execution of any instrument by the appropriate
officer or officers of the City herein authorized shall be
22 5 -18 -89
conclusive evidence of the approval of such documents in
accordance with the terms hereof.
Adopted: April 20, 1989
Mayor of the City of Maplewood
Attest:
Manager
Seconded by Councilmember Rossbach. Ayes - all.
d. Councilmember Anderson introduced the following
resolution and moved its adoption:
89 -5 -78
RESOLUTION AUTHORIZING THE ISSUANCE OF
MULTIFAMILY MORTGAGE REVENUE
BONDS, SERIES 1989 TO FINANCE A PROJECT
AND PROGRAM THEREFORE AND AUTHORIZING
THE EXECUTION OF VARIOUS
DOCUMENTS IN CONNECTION THEREWITH
COTTAGES OF MAPLEWOOD PROJECT- -
FRA INSURED MORTGAGE LOAN)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA, as follows:
1. The Council has previously
received a proposal from
Cottages of Maplewood Limited Partnership, a Minnesota
limited partnership (the "Company ") that the City of
Maplewood (the "City ") undertake a multifamily housing
development program to finance a portion of the costs
of a certain residential rental project as herein
described, pursuant to Minnesota Statutes, Chapter
462C (the "Act "), through the issuance by the City of
its $2,230,000 Multifamily Housing Revenue Bonds,
Series 1989 (Cottages of Maplewood Project - FHA
Insured Mortgage Loan) (the "Bonds ") and in accordance
with a Bond Purchase Agreement (the "Bond Purchase
Agreement" between the City and the Company, and Juran
and Moody, Inc., (the "Bond Purchaser ").
2. The Company desires to construct on certain
real estate owned by it and located in the City, a 59-
unit multifamily housing rental facility (the
Project "). The Project will provide rental housing
to low and moderate income persons (as described
23 5 -18 -89
below) and to elderly persons and will otherwise
further the policies and purposes of the Act. Public
hearings on the Project and the financing program
therefor were duly held by the City Council on
December 14, 1987 and November 14, 1988. The findings
made in the Preliminary Resolution adopted by this
City Council on December 14, 1987 with respect to the
Project, the Bonds and the Note are hereby ratified,
affirmed and approved.
3. It is proposed that, pursuant to a Loan
Agreement to be dated as of May 1, 1989, between the
City as Lender and the Company as Borrower (the "Loan
Agreement "), the City loan the proceeds of the Bonds
to the Company to finance in part the costs of the
Project. The Basic Payments to be made by the Company
under the Loan Agreement are fixed so as to produce
revenue sufficient to pay the principal of, premium,
if any, interest on, and the purchase price of, the
Bonds when due. It is further proposed that the City
assign its rights to the Basic Payments and certain
other rights under the Loan Agreement to American
National Bank and Trust company, a national banking
association located in St. Paul, Minnesota (the
Trustee ") as security for payment of the Bonds under
an Indenture of Trust dated as of May 1, 1989 between
the City and the Trustee (the "Indenture ").
4. The operation and occupancy of the Project
will be subject to the terms and conditions of a
Regulatory Agreement dated as of May 1, 1989, between
the City, the Trustee and the Company (the "Regulatory
Agreement ") and a Declaration of Restrictive Covenants
the "Declaration ") dated as of May 1, 1989, executed
by the Company and recorded as covenants and
restrictions running with the land on which the
Project is to be located. The Bond Proceeds loaned
pursuant to the Loan Agreement will be used to fund a
mortgage loan made to the Company to finance the
acquisition, construction and installation of the
Project, which mortgage loan will be insured by the
Federal Housing Administration ( "FHA ") of the United
States Department of Housing and Urban Development
HUD ") as further described in the Official Statement
as defined below) and to fund a reserve fund.
5. The City and the Company will enter into a
Development Agreement dated as of April 1, 1989 (the
Development Agreement ") relating to certain tax
increment financing assistance to be granted by the
City to the Project.
24 5 -18 -89
6. This Council, by action taken on December
14, 1987, gave preliminary approval (the "Preliminary
Resolution ") to the proposal for the Project and the
financing program therefor. The Minnesota Housing
Finance Agency has given approval to the proposed
financing program for the Project by issuing its
nonrejection letter under the Act. The City obtained
allocation of Bonding Authority pursuant to Chapter
474A.091 on or about November 28, 1988 and filed a
Carry- forward Election for such allocation on December
22, 1988 under Section 146(f) of the Internal Revenue
Code of 1986, as amended. The findings of the City
Council of the City made in the Preliminary Resolution
with respect to the Project are hereby ratified,
affirmed and approved.
7. Forma of the following documents relating to
the Bonds have been submitted for review to the City
Attorney and to the City Council for approval:
a) the Loan Agreement;
b) the Indenture;
c) the Regulatory Agreement;
d) the Declaration (not executed by the City);
e) the bond Purchase Agreement;
f) the Development Agreement; and
g) the Preliminary Official Statement (not
executed by the City).
B. It is hereby found, determined and declared that:
a) the Project described in the Loan Agreement
and Indenture referred to above constitutes a Project
authorized by the Act and the financing program for
the Project is authorized by the Act;
b) the purpose of the Project and the
financing program for the Project is, and the effect
thereof will be, to promote the public welfare by the
construction, installation and equipping of a rental
housing facility for assisting persons of low income
and elderly persons within the City to obtain decent,
safe and sanitary housing at rentals they can afford;
c) the Project is to be located within the
City limits, at a site which is easily accessible to
25 5 -18 -89
persons residing within the City and the surrounding
communities;
d) the construction and installation of the
Project, the issuance and sale of the Bonds, the
execution and delivery by the City of the Loan
Agreement, the Indenture, the Regulatory Agreement,
the Bond Purchase Agreement and the Development
Agreement (collectively, the "Agreements "), and the
performance of all covenants and agreements of the
City contained in the Agreements, and of all other
acts and things required under the constitution and
laws of the State of Minnesota to make the Agreements
and the Bonds valid and binding obligations of the
city in accordance with their terms, are authorized by
the Act;
e) it is desirable that the Company be
authorized, in accordance with the provisions of the
Act and subject to the terms and conditions set forth
in the Loan Agreement, the Regulatory Agreement and
the Declaration (which terms and conditions the City
determines to be necessary, desirable and proper), to
construct and install the Project by such means as
shall be available to the Company and in the manner
determined by the Company, and with or without
advertisement for bids as required for the acquisition
and installation of municipal facilities;
f) it is desirable that the Bonds be issued by
the City upon the terms set forth in the Indenture;
g) the Basic Payments under the Loan Agreement
are fixed to produce revenues sufficient to provide
for the prompt payment of principal of, premium, if
any, interest on, and the purchase price of, the Bonds
issued under the Indenture when due, and the Loan
Agreement, Regulatory Agreement, Declaration and
Indenture also provide that the Company is required to
pay all expenses of the operation and maintenance of
the Project, including, but without limitation,
adequate insurance thereon and insurance against all
liability for injury to persons or property arising
from the operation thereof, and all taxes and special
assessments levied upon or with respect to the Project
Premises (as defined in the Indenture) and payable
during the term of the Loan Agreement, Regulatory
Agreement, Declaration and Indenture; and
h) under the provisions of Minnesota Statutes,
Section 462C.07, and as provided in the Loan Agreement
and Indenture, the Bonds are not to be payable from or
26 5 -1B -69
charged upon any funds other than the revenues pledged
to the payment thereof; the city is not subject to any
liability thereon; no holder of any Bonds shall ever
have the right to compel any exercise by the City of
its taxing powers to pay any of the Bonds or the
interest or premium thereon, or to enforce payment
thereof against any property of the City except the
interests of the City in the Loan Agreement which have
been assigned to the Trustee under the Indenture; the
Bonds shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of
the City except the interests of the City in the Loan
Agreement which have been assigned to the Trustee
under the Indenture; the Bonds shall recite that the
Bonds are issued without moral obligation on the part
of the state of its political subdivisions, and that
the Bonds, including interest thereon, are payable
solely from the revenues pledged to the payment
thereof; and the Bonds shall not constitute a debt of
the City or its political subdivision within the
meaning of any constitutional or statutory limitation.
9. The City hereby elects to have Section
142(d)(1)(B) of the Internal Revenue Code of 1986, as
amended (requiring that 40 percent or more of the
rental units in the Project be occupied by tenants
whose units in the Project be occupied by tenants
whose income is 60 percent or less of or a median
gross income (adjusted for family size) apply to the
Bonds.
10. Subject to the approval of the City Attorney
and the provisions of paragraph 14 hereof, the forms
of the Agreements and exhibits thereto and all other
documents described in paragraph 7 hereof are approved
substantially in the form submitted and on file in the
office of the City Manager, with such subsequent
changes as may be approved by the City and the City
Attorney. The Agreements, in substantially the form
submitted, are directed to be executed in the name and
on behalf of the City by the Mayor and the or City
Manager. Any other documents and certificates
necessary to the transaction herein described shall be
executed by the appropriate City Officers. Copies of
all of the documents necessary to the transaction
herein described shall be delivered, filed and
recorded as provided herein and in the Loan Agreement
and Indenture.
11. The City hereby authorizes the use and
circulation by the Bond Purchaser of an Official
Statement in connection with the offer and sale of the
27 5 -18 -89
Bonds. The City hereby finds that the information
contained in the section of the Preliminary Official
Statement captioned "the Issuer" does not contain any
untrue statement and hereby approves in substantially
the form submitted to the City Council at this meeting
such information for inclusion in the Official
Statement; and the City hereby ratifies, confirms and
consents to the use of said section in the Official
Statement in connection with the sale of the Bonds.
The city has not prepared nor made any independent
investigation of the information contained in the
Preliminary Official Statement (other than the section
therein captioned "the Issuer ") and takes no
responsibility for such information.
12. The Bonds shall bear interest at a rate or
rates, not to exceed ten percent (10%) per annum
established by the Company, the Bond Purchaser, and
the Pricing Committee hereinafter referred to. There
is hereby appointed a Pricing Committee to which is
hereby delegated the power and authority to agree with
the Company and Bond Purchaser on the interest rates
for each maturity. The Mayor and City Manager are
hereby appointed by the City to the Pricing Committee,
with full power and authority to bind the City,
subject to the limitations stated herein.
13. The City shall proceed forthwith to issue its
Bonds, in the form and upon the terms set forth in the
Indenture. The Bonds shall mature on the dates as set
forth in the Indenture. The offer of the Bond
Purchaser to purchase the Bonds at
percent (_8) of their principal amount, plus
accrued interest to the date of delivery is hereby
accepted. The Mayor and City Manager are authorized
and directed to prepare and execute the Bonds as
prescribed in the Indenture and to deliver them to the
Trustee for authentication and delivery to the bond
Purchaser.
14. The Mayor and City Manager and other
appropriate officers of the City are authorized and
directed to prepare and furnish to the Bond Purchaser
certified copies of all proceedings and records of the
City relating to the Bonds, and such other affidavits
and certificates as may be required to show the facts
relating to the legality of the Bonds as such facts
appear from the books and records in the officers'
custody and control or as otherwise known to them; and
all such certified copies, certificates and
affidavits, including any heretofore furnished, shall
28 5 -18 -89
constitute representations of the City as to the truth
of all statements contained therein.
15. The approval hereby given to the Agreements
and the various other documents referred to in
paragraphs 7 and 10 above includes approval of (a)
such additional details therein as may be necessary
and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be
necessary and appropriate and approved by Bond
Counsel, the City Attorney and the City officials
authorized herein to execute said documents prior to
their execution and (b) such additional documents,
agreements or certificates as may be necessary and
appropriate in connection with the Agreements and with
the issuance and sale of the Bonds and approved by
Bond Counsel, the City Attorney and City officials
authorized herein to execute said documents prior to
their execution; and said City Attorney and City
officials are hereby authorized to approve said
changes or additional documents, agreements or
certificates on behalf of the City. The execution of
any instrument by the appropriate officer or officers
of the City herein authorized shall be conclusive
evidence of the approval of such documents in
accordance with the terms thereof and hereof. In the
absence (or inability) of the Mayor or City Clerk or
City Manager, any of the documents authorized by this
resolution to be executed by them may be executed by
the Acting Mayor or the Acting City Manager,
respectively.
16. It is understood and agreed that the Company
shall indemnify the City against all liabilities,
losses, damages, costs and expenses (including
attorney's fees and expenses incurred by the City)
arising with respect to the Project or the Bonds, as
provided for and agreed to by and between the Company
and the City in the Loan Agreement and the Bond
Purchase Agreement.
Passed: April 20, 1989.
Mayor
Attest
City Manager
Seconded by Councilmember Rossbach. Ayes - all.
2. Hillcrest Sanitary Sewer Project 86 -22 - Revise Assessment Roll.
29 5 -18 -89
a. Manager McGuire presented the Staff report.
b. Councilmember Rossbach moved to revise the Hillcrest Sanitary Sewer
Project 86 -22 Assessment Roll as follows:
Property I.D. 24- 29 -22 -22 -0017 be reduced to one unit - $300.00
Property I.D. 24- 29 -22 -22 -0016 be reduced to one unit - $300.00
Seconded by Mayor Greavu.Ayes - all.
3. Walter Street, Project 84 -14, Review Assessment Roll
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved that the assessment for PIN 16- 29 -22 -42 -0080 remain
as Presented. (Silberbauer)
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nays - Councilmembers Bastian and
Rossbach.
c. Mayor Greavu moved that the assessment for PIN 16- 29 -22 -42 -0013 be reduced
from $10,144.95 to S7500.00. (Johnson)
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nays - Councilmembers Bastian and
Rossbach.
4 Planning Commission Survey
a. Manager McGuire presented the Staff report.
b. Commissioner Lorraine Fischer presented her opinion of reducing the Planning
Commission.
c. Gary Gerke, an applicant for the Planning Commission, stated he feels
eleven members are needed.
d. Councilmember Juker moved to table this item until after meeting with
the Planning Commission and not to fill the vacancies.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
30 5 -18 -89
5. Pay Equity /Comparable Worth
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to adopt the following Day schedule for the Staff
Services Coordinator effective May 15, 1989, with the understanding that
it be re- evaluated in two years:
5/15/89 5/15/90 5/15/91
3214 /Month $ 3408 /Month $3612 /Month
Seconded by Councilmember Rosebach. Ayes - Mayor Greavu, Councilmembers
Bastian and Rossbach
Nays - Councilmembers Anderson and
Juker.
H. NEW BUSINESS
1. 1988 Annual Financial Report and Audit
2
3
a. Manager McGuire presented the Staff report.
b. Council to meet with auditors at the June 22, 1989, Meeting.
Community Survey
a. Manager McGuire presented the Staff report.
b. Director of Parks and Recreation odegard presented the specifics of
the survey.
c. Councilmember Anderson moved to approve the concept of a community
survey, and to direct staff to meet with consultants to discuss the Citv's
needs, and to have a consultant present to the City Council their Firm's
process for a community survey.
Seconded by Councilmember Rosebach. Ayes - all.
Request to Hire Public Works Administrative Assistant
a. Manager McGuire presented the staff report.
b. Councilmember Anderson moved to authorize filling the position of
administrative assistant with the Public Works Department.
Seconded by Councilmember Juker.Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rosebach
Nay - Councilmember Bastian.
4. Stop Signs: Brooke and Barclay
31 5 -18 -89
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to authorize the placement of stop signs in all
directions on Brooks and Barclay.
Seconded by Councilmember Rossbach. Ayes - all.
5. Keller Parkway - County Road C Water Main, Project 88 -10, Approval of Plans
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved
its adoption:
89 -5 -79
WHEREAS, pursuant to resolution passed by the City Council on April
24, 1989, plans and specifications for Keller Parkway- County Road C Water
Main, Project 88 -10, have been prepared by the City Engineer, who has
presented such plane and specifications to the Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
CITY OF MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are
attached hereto and made a part hereof, are hereby
approved and ordered placed on file in the office of the
City Clerk.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The
advertisement shall be published twice, at least ten days
before the date set for bid opening, shall specify the
work to be done, shall state that bids will be publicly
opened and considered by the Council at 9:00 A.M., on the
23rd day of June, 1989, at the City Hall and that no bids
shall be considered unless sealed and filed with the Clerk
and accompanied by a certified check or bid bond, payable
to the City of Maplewood, Minnesota, for five percent of
the amount of such bid.
3. The City Clerk and City engineer are hereby authorized and
instructed to receive, open, and read aloud bids received
at the time and place herein noted, and to tabulate the
bids received.
Seconded by Mayor Greavu. Ayes - all.
6. Brooks Avenue Water Main, Project 88 -08: Approval of Plans
32 5 -18 -89
a. Manager McGuire presented the staff report.
b. Councilmember Anderson introduced the following resolution and moved
its adoption:
89 -5 -80
WHEREAS, pursuant to resolution passed by the City Council on April
10, 1989, plans and specifications for Brooks Avenue Water Main, Hazelwood
Street to Germain Street, Project 88 -08, have been prepared by the City
engineer, who has presented such plans and specifications to the council
for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are
attached hereto and made a part hereof, are hereby
approved and ordered placed on file in the office of the
City Clerk.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The
advertisement shall be published twice, at least ten days
before the date set for bid opening, shall specify the
work to be done, shall state that bids will be publicly
opened and considered by the Council at 9:00 A.M., on the
16th day of June, 1989, at the City Hall and that no bids
shall be considered unless sealed and filed with the Clerk
and accompanied by a certified check or bid bond, payable
to the City of Maplewood, Minnesota for five percent of
the amount of such bid.
3. The City Clerk and City Engineer are hereby authorized and
instructed to receive, open, and read aloud bids received
at the time and place herein noted, and to tabulate the
bids received.
Seconded by Mayor Greavu. Ayes - all.
7. Code Amendment: RE District (1st Reading)
a. Manager McGuire presented the staff report.
b. Commissioner Lorraine Fischer presented the Planning Commission
report.
c. Councilmember Rossbach moved first reading of an ordinance to correct
the language in the present code.
33 5 -18 -89
Seconded by Mayor Greavu. Ayes - all.
8. Noise Ordinance
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to table this item until later in the
Agenda.
Seconded by Councilmember Anderson. Ayes - all.
9. Business Clean -Up
a. Councilmember Bastian stated there should be a business clean -up with
the hazardous waste collection day.
b. Councilmember Bastian moved to have staff investigate possible
available sites, costs, etc., for a general clean -up day and report back
to Council as soon as possible.
Seconded by Councilmember Anderson. Ayes - all.
10. Comprehensive Plan Work Session
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved to establish the date of June 15, 1989, at
6:00 P.M. to discuss updating the Comprehensive Land Use Plan.
Seconded by Councilmember Juker. Ayes - all.
11. Ledman Vs. City of Maplewood, et al.
a. Manager McGuire presented the staff report.
b. Mayor Greavu authorized the payment of $800.00 to settle the lawsuit.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach
Councilmember Juker abstained.
12. Recreational Vehicle Permit Revocation
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins stated there have been numerous
complaints, plus a petition signed by fifteen area residents.
c. Councilmember Bastian moved to table this item until the Monday
Meeting, May 22, 1990.
34 5 -18 -89
Seconded by Councilmember Juker. Ayes - all.
13. CSO /Paramedic: Change from Part Time to Full Time
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins explained the necessity of a full
time person.
c. Mayor Greavu moved to authorize the chance of the part time
CSO /Paramedic to a full time position and that $4,650 be transferred from
the Contingency Fund to cover the costa.
Seconded by Councilmember Anderson. Ayes - all.
14. - ' Approval of Claims
a. Councilmember Juker questioned several payments.
b. Mayor Greavu moved to approve payment of the following claims:
ACCOUNTS PAYABLE:
465,256.41 Checks #722200 - #541400
Dated 04 -28 -89 thru 05 -12 -89
S 92,581.48 Checks #10200 - #970700
Dated 05 -18 -89
557,838.00 Total per attached voucher /check register
PAYROLL:
172,353.32 Payroll Checks
S 33,839.15 Payroll Deductions
206,193.08 Total Payroll
764,031.08 GRAND TOTAL
Seconded by Councilmember Juker. Ayes - all.
8. Code Amendment: Noise Ordinance (2nd Reading)
a. Councilmember Anderson introduced the following ordinance and moved
its adoption:
ORDINANCE NO. 642
35 5 -18 -89
AN ORDINANCE AMENDING THE MAPLEWOOD CODE
PERTAINING TO NOISE PERMITS
FOR CONSTRUCTION
Section 1. Article III of Chapter 19 is amended as follows:
ARTICLE III. NOISE CONTROL
Sec. 19 -48. Prohibition generally; exception.
No person shall make or cause to be made any distinctly and loudly audible
noise that unreasonably annoys, disturbs, injures or endangers the
comfort, repose, health, peace, safety or welfare of any person or
precludes their enjoyment of property or affects their property's value.
If the event or activity is sponsored by the City or authorized and has a
permit for such activity issued by the City, this prohibition does not
apply. This general prohibition is not limited by the specific
restriction of the following subdivision. Any violations of this general
prohibition, between the hours of 7:00 P.M. and 7:00 A.M., Monday through
Saturday and all day Sunday, is a per as violation of this article. (Ord.
No. 611, 1, 10- 15 -87)
The City Manager, or his or her designee, may waive this requirement where
the activity would not cause a nuisance and where the proposed activity
would not be within 350 feet of a residential use. The City Manager's
decision may be appealed to the City Council. A waiver within 350 feet of
a residential use must be approved by the City Council. The property
owners within 350 feet of the proposed activity shall be notified of the
waiver request at least ten days before the Council meeting. A list of
the property owners, certified by an abstract company or the County
abstract office, shall be submitted with the waiver,request.
Sec. 19 -49. Domestic Power Equipment.
The normal operation of domestic power equipment shall not be subject to
the noise level limitations in Sections 19 -48 and 19 -50. Domestic power
equipment, as used herein, means power lawn mowers, hedge clippers,
edgers; chainsaws; garden tillers; mulchers; and power saws, drills,
hammers and sanders. (Ord. No. 6711, 2, 10- 15 -87)
Sec. 19 -50. Construction Activities.
All construction activities, including the use of any kind of electric,
diesel or gas - powered machine or other power equipment, shall be subject
to the provisions of this article. A copy of this article shall be
attached to each such construction permit issued by the City. The
applicant for said permit shall be required to sign said copy,
acknowledging that he or she has read and understood it, before a permit
can be released.
Sec. 19 -51: Enforcement.
36 5 -18 -89
a) Police Department to enforce article provisions. The Maplewood
Police Department shall enforce the provisions of this article. The
Maplewood Police Department may inspect private premises other than
private residences and shall make all reasonable efforts to prevent
violations of this article.
b) Civil remedies. This article may be enforced by injunction, action
for abatement, or other appropriate civil remedy.
c) Noise impact statements. The Council may require any person applying
for a change in zoning classification or a permit or license for any
structure, operation, process, installation or alteration, or project that
may be considered a potential noise source to submit a noise impact
statement on a form prescribed by the Council. It shall evaluate each
such statement and take its evaluation into account in approving or
disapproving the license or permit applied for or the zoning change
requested.
d) Criminal penalties. Every person who violates any provision of this
article is guilty of a misdemeanor and shall, upon conviction, be subject
to a fine of not more than seven hundred dollars ($700.00) or imprisonment
for a term of not to exceed ninety ( 90) days, or both, plus, in either
case, the costs of prosecution. Each act of violation and each day a
violation occurs or continues constitutes a separate offense. (Ord. No.
611, 5, 10- 15 -87)
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Mayor Greavu. Ayes - all.
I. COUNCIL PRESENTATIONS
1. Lights: White Bear Avenue and Burke
a. Councilmember Anderson stated he had received calls from the residents
in the area of White Bear Avenue and Burke requesting a street light.
b. Councilmember Anderson moved to place the request on the next agenda.
Seconded by Councilmember Bastian. Ayes - all.
2. Cable
a. Councilmember Anderson requested staff to research placing some
history of Maplewood on cable.
b. Council requested this item be added to the next agenda.
3. Fulk Manufacturing
37 5 -18 -89
a. Councilmember Juker stated that Fulk Manufacturing site is a "mess"
and feels they be notified to clean the area up and meet all conditions of
their permit.
b. Staff will investigate.
4. Manager Meeting
a. Mayor Greavu stated the June 1st meeting with the Manager be canceled
until such time as Councilmember Rossbach has returned.
J. ADMINISTRATIVE PRESENTATIONS
1. Code Review - R -3 District
a. Tabled to a later meeting.
K. ADJOURNMENT OF MAY 18, 1989 MEETING
7:23 P.M.
L. RECONVENE: CALL MAY 22., 1989 MEETING TO ORDER
Mayor Greavu reconvened the meeting at 7:02 P.M.
M. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
Mayor Greavu moved to waive the Rules of Procedure and add three items to the
Agenda.
M.I.S. Coordinator Position
Senior Citizen Building on McKnight
Lot Split on Ripley
Seconded by Councilmember Bastian. Ayes - all.
N -A APPOINTMENTS
1. H.R.C.
a. Commissioner Pat Williamson presented the Human Relations Commission
report.
38 5 -18 -89
b. Dawn G. Vassar, the applicant, expressed her desire to serve as a
member of the H.R.C.
c. Councilmember Bastian moved to appoint Dawn G. Vassar to the Human
Relations Commission.
Seconded by Mayor Greavu.
2. H.R.C. Annual Report
Ayes - all.
a. Manager McGuire presented the staff report.
b. Councilmember Anderson moved to accept the 1989 Annual Human Relations
Commission report.
Seconded by Mayor Greavu.
N. PUBLIC HEARINGS
Ayes - all.
1. 7:00 P.M., Conditional Use Permit Termination: 1564 Grandview Avenue (Suby)
a. Mayor Greavu convened the meeting for a public hearing regarding the
cancellation of a conditional use permit for David Suby, 1564 E. Grandview
Avenue, for a tool sharpening home occupation.
b. Manager McGuire presented the staff report.
C. Mayor Greavu called for proponents and opponents. None were heard.
d. Mayor Greavu closed the public hearing.
e. Councilmember Bastian moved termination of the conditional use permit
for tool sharpening home occupation at 1564 E. Grandview Avenue, since the
business is no longer in operation.
Seconded by Mayor Greavu.
3. M.I.S. Coordinator
Ayes - all.
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to authorize the hiring of an M.I.S. Coordinator to
fill the vacancy.
Seconded by Councilmember Rossbach. Ayes - all.
2. 7:10 P.M., Southwinds of Maplewood
a. Conditional Use Permit for a PUD
b. Revision of the Fred Moore PUD
c. Preliminary Plat
d. Authorization for Letter to St. Paul
39 5 -18 -89
1. Mayor Greavu convened the meeting for a public hearing
regarding the request for approval of a conditional use permit for
a 120 -unit multi - family planned unit development on Beebe Road,
North of Larpenteur Avenue; a preliminary plat; and to delete the
requirement for the private road to Beebe Road from the Green Gate
apartments.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Commissioner Cardinal presented the Planning Commission
recommendation.
5. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following voiced their opinions:
Gayle Sheff, 2169 E. Larpenteur Ave.
Lawrence Mroazak, 2147 E. Larpenteur
Gary Fredrickson, 1753 No. Howard
Bruce Casselton, 1745 No. Howard
Helen Munson, 2135 E. Larpenteur
Resident, 2155 E. Larpenteur Ave.
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson moved to approve the vreliminary vlat
for Southwinds apartments, subiect to the following conditions
being satisfied prior to final plat approval:
a. Elimination of the original south roadway connection
to Beebe Road.
b. The provision and recording of cross easements running
to all lots to allow for the sale of individual lots.
c. Compliance with all requirements of the City
engineering Department regarding sanitary sewer, water and
storm sewer services.
d. Final grading, utility, drainage, erosion control and
street plans must be approved by the City Engineer.
e. Submittal of a signed developers agreement with
required surety for all required public streets,
utilities, erosion control, walkways and tree planting.
f. Drainage easements, as required by the City Engineer,
shall be shown on the southeast end of the plat.
40 5 -18 -89
g. A building owners association shall be required to
assure common maintenance. all legal documents creating
the association must be approved by the City Attorney.
h. A ten - foot -wide walkway easement shall be shown on the
plat from the east -west trail to Larpenteur Avenue along
the former trolley line.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay- Councilmember Bastian.
8. Mayor Greavu introduced the following resolution and moved its adoption:
89 - 5 - 81
WHEREAS, the City of Maplewood initiated a revision to the
conditional use permit for a planned unit development (PUD) to
omit the requirement for a road from Larpenteur Avenue to the PUD
at the following - described property:
All that part of the NE 1/4 of the SE 1/4 lying westerly
of Furness Street and all that part of the East 1/2 of the
NW 1/4 of the SE 1/4 of Section 14, Township 29, Range 22,
except the N 1/2 of the NE 1/4 of the NW 1/4 of the SE 1/4
and except that part of the NE 1/4 of the SE 1/4 lying
westerly of Furness Street.
This property is also known as the Green Gate Apartments,
Maplewood; ,
WHEREAS, the procedural history of this conditional use permit
is as follows:
1. This conditional use permit was reviewed by the
Maplewood Planning Commission on March 20 and
April 3, 1989. The Planning Commission
recommended to the City Council that said permit
be approved.
2. The Maplewood City Council held a public hearing
on May 22, 1989. Notice thereof was published and
mailed pursuant to law. All persons present at
said hearing were given an opportunity to be heard
and present written statements. The Council also
considered reports and recommendations of the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the original Fred Moore PUD is hereby amended to eliminate
41 5 -18 -89
the south road connection to Larpenteur Avenue on the basis of the
following findings -of -fact:
1. The use is in conformity with the City's
comprehensive plan and with the purpose and
standards of this chapter. Said roadway is not
needed and the extension of Holloway Avenue will
provide a more beneficial general purpose access
for the neighborhood.
2. The amended CUP /PUD will not be detrimental to the
public health, safety or general welfare.
3. The amendment to eliminate the south roadway
connection will be compatible and in character
with the surrounding zoning district and the
neighborhood in general because it will preclude
the infiltration of additional traffic into the
adjacent single - family residential area.
4. The elimination of the roadway will not depreciate
property values in the general area.
5. The elimination of the south roadway connection
will not create hazardous or detrimental
conditions for surrounding land uses.
6. The elimination of the south roadway will result
in less traffic on surrounding local streets than
would be the case if the roadway connection were
made.
7. The amendment will have no effect on essential
public services. The roadway is not required to
facilitate fire service.
8. The amendment will not create excessive additional
requirements at public cost for public facilities
and services.
9. The amendment will have no effect on the site's
natural and scenic features.
10. The amendment will not cause adverse environmental
effects.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian
9. Mayor Greavu introduced the following resolution and moved its adoption:
42 5 -18 -89
89 - 5 - 82
WHEREAS, Continental Development Corporation initiated a
conditional use permit for a multi - family PUD in a zoning district
located easterly of Beebe Road and northerly of Larpenteur Avenue
which facility is proposed to accommodate 120 apartment units and
is described as follows:
Lot 1, Block 2, Southwinds of Maplewood 2nd Addition
WHEREAS, the procedural history of this conditional use permit
is as follows:
1. This conditional use permit was reviewed by the
Maplewood Planning Commission on March 20 and
April 3, 1989. The Planning Commission
recommended to the City Council that said permit
be approved subject to conditions.
2. The Maplewood City Council held a public hearing
on May 22nd, 1989. Notice thereof was published
and mailed pursuant to law. All persons present
at said hearing were given an opportunity to be
heard and present written statements. The Council
also considered reports and recommendations of the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above - described conditional use permit be approved for a
multi - family housing PUD on the basis of the following findings -
of -fact:
1. The use is in conformity with the City's
comprehensive plan and with the purpose and
standards of this chapter.
2. The establishment or maintenance of the use would
not be detrimental to the public health, safety or
general welfare.
3. The use would be located, designed, maintained and
operated to be compatible with the character of
that zoning district and the neighborhood in
general.
4. The use would not depreciate property values in
that it provides for an ample buffer of open space
and vegetation where it interfaces with single -
family residential areas to the east.
43 5 -18 -89
5. The use would not be hazardous, detrimental or
disturbing to present and potential surrounding
land uses, due to the noises, glare, smoke, dust,
odor, fumes, water pollution, water run -off,
vibration, general unsightliness, electrical
interference or other nuisances.
6. The use would generate only minimal vehicular
traffic on local streets and shall not create
traffic congestion, unsafe access or parking needs
that will cause undue burden to the area
properties.
7. The use would be serviced by essential public
services, such as streets, police, fire
protection, utilities, schools and parks and will
not inordinately burden public facilities and
services.
B. The use would not create excessive additional
requirements at public cost for public facilities
and services; and would not be detrimental to the
welfare of the City.
9. The use would preserve and incorporate the site's
natural and scenic features into the development
design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. Adherence to the site plan, dated March 28, 1989,
and the conditions approved by the Community
Design Review Board.
2. All uses shall conform with the R -3 zoning
district requirements.
3. Noise levels shall not exceed PCA standards at any
residential property line.
4. No outdoor storage of recreational vehicles, boats or
trailers.
5. Removal of the proposed roadway connection from Green Gate
to Beebe Road through the subject property.
6. The trees along the north and east property lines shall
remain undisturbed.
44 5 -18 -89
7. A five - foot -wide concrete sidewalk for public use shall be
constructed from Furness Street to Beebe Road. An eight-
foot-wide asphalt walkway shall be constructed from the
east -west path described above to the parking lot.
S. A five - foot -wide concrete sidewalk shall be constructed
along Beebe Road from the north property line to
Larpenteur Avenue.
9. This permit shall be subject to review after one year from the date of
approval, based on the procedures in City code.
Seconded by Councilmember Rosebach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
10. Mayor Greavu moved to authorize staff to send a letter to
the City of St Paul requesting them to extend their trail
north to Larpenteur Avenue.
Seconded by Councilmember Juker. Ayes - all.
I. COUNCIL PRESENTATIONS
1. Senior Citizen Building on McKnight and Stillwater
a. Councilmember Juker stated residents in the area of McKnight and
Stillwater have called questioning where the proposed senior citizen
building is going to be located and why all the trees are being removed.
b. Staff stated the trees are being removed by Ramsey County because of
the McKnight Road project.
2. Lot Split on Ripley
a. Councilmember Juker questioned why the lot split on Ripley Street is
taking so long.
b. Staff to investigate.
H. NEW BUSINESS (Continued)
13. Recreational Vehicle Permit Revocation
a. Manager McGuire stated the Hause's have requested that this item be
delayed until the next meeting.
b. Councilmember Juker moved to direct the Manager to send a letter to
the Hause's revoking their recreational vehicle permit.
Seconded by Councilmember Anderson. Ayes - all.
45 5 -18 -89
3. Meeting with Auditor
a. Mayor Greavu moved to meet with the auditor's at 6:30 P.M., June 26,
1987.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
4. Hazardous Building on Kohlman.
a. Mayor Greavu moved to order an abatement clearing the Property at 1346
Kohlman of the hazardous building.
Seconded by Councilmember Juker. Ayes - all.
O. VISITOR PRESENTATION
None.
P. ADJOURNMENT OF MAY 22, 1989 MEETING
9:04 P.M.
City Clerk
46 5 -18 -89
MIN1JTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, October 23, 1989
and
4:30 P.N., Thursday. October 26, 1989
Council" Chambers, Municipal Building
Meeting No. 89 -24
A. CALL TO ORDER:
A regular meeting of the City Council of Maplewood, Minnesota, was held in the
Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by
Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
1
VA
Councilmember Rossbach abstained.
ES
Minutes of Meeting No. 89 -13 (June E and 12, 1989)
Mayor Greavu
tt
Seconded by Councilmembe- Anderson.
Minutes, Special Council Meeting (October 4, 1989)
Mayor Greavu moved to approve the Minutes of Special Counc Meeting
October 4, 1989 as submitted.
Seconded by Councilmember Juker.
APPROVAL OF AGENDA
o and
Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Juker.
Ayes - all.
Mayor Greavu moved to approve the Agenda as amended:
1. Bacon Davis Law
2. Schroeder Milk
3. Maplewood Mall Traffic
4. Cope and English
5. Arcade- Roselawn Gas Station
1 10 -23 -89
Seconded by Councilmember Rossbach.
E. CONSENT AGENDA
Council removed Item E -5 to become Item I -9.
Ayes - all.
Councilmember Rossbach moved to table Item E -6 for further information.
Seconded by Councilmember Juler. Ayes - all.
Mayor Greavu moved, seconded by Councilnember Rossbach, Ayes - all. to approve Itcros
E -1 through 4 and 7 through 10 as recommended.
1. Approval of Claims
ACCOUNTS PAYAELE;
309,862.70
121.399.69
431,262.39
PAYROLL:
171,040.56
33,616.86
204,657.42
635,919.81
Checks #4896 - 04935
Dated 10 -02 -89 thru 10 -11 -89
Checks ;f2281 - #2418
Dated 10 -23 -89
Total per attached voucher /check register
Payroll Checks
Payroll Deductions
Total Payroll
GRAND TOTAL
Time Extension: Beaver Creek Apartments
Approved a one -year time extension for the Beaver Creek Apartments P.U.D.
subject to the October 24, 1988 conditions of approval.
3. Time Extension: Torgerson Addition
Approved a one -year time extension for the Torgerson addition prelim -'nary
plat subject to the October 24, 1988 conditions of approval.
4. Time Extension: Hazel Ridge P.U.D.
Approved a one -year ti -me extension for the Hazel. Ridge p -anned unit
development, subject to the original May 13, 1985 conditions of approval.
2 10 -23 -69
5. Conditional Use Permit Renewal: Highway 61 (Frattalone)
Discussed as item I -9.
6. Conditional Use Permit Renewal: 2683 Geranium Avenue (Hechtel)
Tabled for further investigation.
7. Change Order No. 1 - Brooks Avenue Project 88 -08
Resolution No. 89 - 10 - 170
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 88 -08 and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract,
original amount $31,996.52 be modified and designated as Improvement
Project 88 -08, Change Order One.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order
One in the amount of $1,175.
8. Payment of Parking Area in Pleasantview Park
Authorized the transfer of $3,936.62 from the Highe:ood'Neighborhood P.A.C.
Fund for the payment of a parking facility in Pleasantview Park.
9. Final Payment: Painting Interio - . of Cope Avenue Water Tank
Resolution No. 89 - 10 - 171
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered the painting of the interior of the Cope Avenue water tank and has
let a construction contract, and
WHEREAS, it is now necessary and expedient that said contract in the
original amount of $87,945.00 be modified and designated as Change Order
2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order 2
in the amount of $1532.
Resolution No. 89 - 10 - 172
3 10 -23 -89
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
entered into a contract for improvements described as painting of interior
of Cope Avenue water tank, and
WHEREAS, said project has been certified as completed.
HOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the project is completed and accepted and final payment in
the amount of $48,101.40 is approved.
10. Budget Transfer: Legal
Approved a budget transfer of $26,400 from the Contingency Account to
Account 101 -103 -4480 to cover the projected re- estimate of legal fees for
balance of 1989.
F. PUBLIC HEARINGS
1. 7:00 P.M., Roselawn Avenue, T.H. 49 to jackson, Project 87 -01 (4 Votes)
a. Mayor Greavu convened the meeting for a public hearing regarding the
construction of street and bridge on Roselawn Avenue, T.H. 49 to Jackson,
in cooperation with Ramsey County.
b. Manager McGuire presented the Staff report.
c. City Attorney Kelly eHplained the legal procedures regarding the
public hearing.
d. Assistant City Engineer Ir_sh presented the specifics of the proposal.
e. Marvin L. Sorva_a, Bonestroo and Anderiik Assoc_ates, Consulting
Engineer for Ramsey County, spoke on behalf of the proposal.
f. Commissioner Ralph Sletton presented the Planning Commission
recommendation.
g. Mayor Greavu called for proponents. Hone were heard.
h. Mayor Greavu called for opponents. The following were heard:
Bill Engnun
i. Wayne Leonard, Ramsey County Project Coordinator, explained the project.
j. Mayor Greavu closed the public hearing.
k. Mayor Greavu moved that the St. Paul Water Department provide the necessary
screening on Roselawn as previously agreed to
Seconded by Counc'_lmember Anderson. Ayes - all.
4 10 -23 -89
1. Mayor Greavu introduced the following resolution and moved its
adoption:
89 - 10 - 173
WHEREAS, after due notice of public hearing on the construction of
bituminous roadway with concrete curb and gutter, bridge, storm sewer,
water main, and appurtenances onRoselawn Avenue from Rice Street (T.H.
49) to Jackson Street, City Project 87 -01, a hearing on said improvement
in accordance with the notice duly given was duly held on October 23,
1939, and the Council has heard all persons desir-ng to be heard on the
matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is advisable, expedient and necessary that the
City of Maplewood construct bituminous roadway with
concrete curb and gutter, bridge, storm sewer, water main,
and appurtenances on Roselawn Avenue from Rice Street
T.H. 49) to Jackson Street, City Project 87 -01, as
described in the notice of hearing thereof, and orders the
same to be made.
2. The execution of a cooperative agreement with Ramsey
County for sa_d improvement is hereby authorized.
Seconded by Councilmember Anderson. Aves - all.
m. Mayor Greavu introduced the following resolution and moved its
adoption:
89 — 10 — 174
WHEREAS, plans for Project No. S.P. 62- 626 -03 Bridge No. 62559 showing
proposed alignment, profiles, grades and cross - sections for the
construction, reconstruction, or improvement of County State Aid Highway
No. 26 within the limits of the City as a Federal Arid project have been
prepared and presented to the City.
140I7, THEREFORE, BE IT RESOLVED: That said plans be in all things
approved.
Seconded by Councilmember Anderson. Ayes - all.
Mayor Greavu announced that items after H -4 would be heard on Thursday, October 26, 1989,
at 4:30 P.M.
Lorraine Fischer, representing the H.R.A., stated she could not attend the Thursday
meeting and Item I -2, Code Amendment: Trust in Sale of Housing (1st reading) was of
interest to the H.R.A. Board.
5 10 -23 -89
acilmember Juker stated she would not be at the Thursday meeting and requested this
item be tabled.
2. 7:45 P.M., Alley Vacation and Preliminary Plat: Sheryl's Addition
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Willard Morton to vacate the alley between German and Ariel,
south of Cope Avenue, prei.iminary plat for seven single dwelling lots to
be known as Sheryl's Addition.
b. Manager McGuire presented the Staff report.
C. Director of Community Development Olson presented the specifics of the
proposa s.
d. Commission Ralph Sletton presented the Planning Commission
recommendation.
e. Donald Campbell, Land Surveyor, representing Mr. Morton, stated he
doesn't agree with the Staff that Lots 4 and 5 need grading for drainage
purposes.
f. Councilmember Rossbach moved to table this item F -2 until the ?November
13, 1939, meeting to allow the Staff to investigate the grad;_ng plans.
Seconded by Councilmember Juker.Ayes - Councilmembers Anderson,
Bastian, Jukes and Rossbach
Ray - Mayor Greavu.
3. 2:00 P.M., Variance: 17 80 E. County Road D (Day's Inn)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Day's Inn for a 50 foot sign variance. The sign height could
be 100 feet.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Board Member Anitzberger presented the Community Design Review Board
recommendation.
e. Ron Ringling, owner of Maplewood Day's Inn, expressed his reasons for
needing the sign.
f. Mayor Greavu called for proponents and opponents. None were heard.
g. Mayor Greavu closed the public hearing.
6 10 -23 -59
h.Councilmember Juker moved to approve the variance to allow the 100
foot sign to be a landmark sign with only one in the area.
Seconded by Councilmember Anderson.
Councilmember Juker withdrew her motion.
i. Councilmember Bastian introduced the following resojutAon and moved
its adoption:
89 - 10 - 175
WHEREAS, Day's Inn applied for a variance for the following- described
property:
Part of Lot 6, Block 1, Maplewood Mall Addition North of a line
291.55 feet north of and parallel to south line of NW 1/4 of IN,
1/4 of Section 2, Township 29, Range 22, in said Section 2; The
North 731.13 feet of South 1022.73 feet of part lying west of
Maplewood Mall Addition of NW 1/4 of NW 1/4 (Subj to roads and
easements) in Section 2, Township 29, Range 22;
This property is also known as 1730 E. County Road D. Maplewood;
WHEREAS, Section 36 -352 of the Maplewood Code of Ordinances requires a
maximum sign height of 50 feet;
WHEREAS, the applicant is proposing a 100- foot -tall sign requiring a
variance of 50 feet;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was reviewed by the Maplewood Community
Design Review Board on September 26, 1939. The Board
recommended to the City Council that said variance be
denied.
2. The Maplewood City Council held a public hearing on
October 23, 1939, to consider this variance. Notice
thereof was published and mailed pursuant to law. All
persons present at said hearing were given an opportunity
to be heard and present written statements. The Council
also considered reports and recommendations of the City
Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above - described variance be approved , on the basis of the following
findings of fact:
1. Strict enforcement of the Code would cause undo ha
7 10 -23 -39
2. The construction of new development in the Maplewood Ma°1
area makes finding the Day's Inn difficult;
3. The prohibition of advertising along White Bear Avenue;
i
4. Day's Inn is the only hotel /motel on the west side of the
Mall and should be ease accessed;
I
5. The variance would be in the spirit and intent of the
ordinance.
Seconded by Councilmember Juker. Ayes - all.
i
4. 8:15 P.M., 2271 White Bear Avenue (Fleming)
a. Community Design Review Board Appeal.
b. Conditional Use Permit.
1. Mayor Greavu convened the meeting for a public hearing j
regarding the request of Joseph Fleming for approval of a
conditional use permit to redevelop his fuel station with a - new
facility including: a convenience store, two express lube bays,
four regular service bays, a car wash and fuel islands and a
conditional use permit to allow a fuel station and repair garage
within 350 feet of residential district.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Board Member Ani.tzberge;r presented the Community Design REvi_ew
Board report.
5. Commissioner Sletton presented the Planning Commission
recommendation.
6. Mr. Joseph Fleming, owner of Fleming's Service Center, spoke
on behalf of his request.
7. Mr. Bob Fields, representing Mr. Fleming, spoke on the
proposed development.
S. Mayor Greavu called for proponents and opponents. The
following expressed their views;
Mrs. Cheryl Glassel, daughter -in -law of James G_assel, 1775 Lark
Dorothy Franzen
9. Mayor Greavu closed the public hearing
8 10 -23 -89
10. Counci-lmember Rossbach introduced the following resolution and moved i
adoption;
89 - 10 - 176
WHEREAS, Joseph L. Fleming initiated a conditional use permit to
expand his service station at the following- described property:
Registered Land Survey Plumber 258, Tract B
This property is also known as 2271 White Bear Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood
Planning Commission on October 2, 1989. The Planning
Commission recommended to the City Council that said
permit be approved.
2. The Maplewood City Council held a public hearing on
October 23, 1989. Notice thereof was published and mailed
pursuant to law. All persons present at said hearing were
given an opportunity to be heard and present written
statements. The Council also considered reports and
recommendations of the City Staff and Planning Commission.
PLOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the
above- described conditional use permit be approved on the basis of the
following findings-of-fact:
1. The use would be located, designed, mainte.ined,
constructed and operated to be in - conformity with the
City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character
of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process,
materials, equipment or methods of operation that would be
dangerous, hazardous, detrimental, disturbing, or cause a
nuisance to any person or property, because of excessive
noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage water run -off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on
local streets and would not create traffic congestion or
unsafe access on existing or proposed streets.
9 10 -23 -89
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for
pubic facilities or services.
8. The use would maximize the preservation of and incorporate
the site's natural and scenic features into the
development design.
9. The use would cause minimal adverse environmental effects.
10. There would not be a significant affect on the development
of the parcel as zoned.
Approval is subject to the following conditions:
1. Adherence to the site plan., dated September 6,
1989.
2. The hours of operation shall be limited to 7:00
A.M. to 10:00 P.M.
3. Tires and other debris shall not be sto -ed on site.
4. The site shall be adequately drained from
residential properties.
5. The drive access shall be investigated and brought
back to the City Council for review.
6. This permit shall be subject to review after one
year from the date of approval, based on the
procedu -es in City Code.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach.
Nay - Councilmember Juker.
Mayor Greavu called a five minute recess.
Mayor Greavu reconvened the meeting at 10:00 P.M.
5. 8:45 P.M., Conditional Use Permit: 2207 McAfee Circle.
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Scott and Julie Hoffman for a conditional use permit in order
to construct a deck into the required setback along County Road B.
10 10 -23 -89
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
request.
d. Commissioner. Sletton presented the Planning Commission report.
e. Mayor Greavu called for proponents and opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmer,.ber Suker introduced the following resolution and moved its
adoption:
89 - to - 177
WHEREAS, Scott and Sulie Hoffman initiated a conditional use permit to
construct a deck in the required setback at 2207 McAfee Circle;
This property is also known as Lot 17, Bloch One, Cave's English
Street Addition, [Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This cond use permit was reviewed by the Maplewood_
Planning Commission on October 2, 1989. The Planning
Commission recommended to the City Council that said
permit be approved.
2. The Maplewood City Council held a public hearing on
October 23, 1989. Notice thereof was published and mailed
pursuant to law. All persons present at said hearing were
riven an opportunity to be heard and present written
statements. The Council also considered reports and
recommendations of the City Staff and Planning Commission.
MOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the
above- described conditional use permit be approved on the basis of the
following findings -of -fact:
1. The use would be located, designed, maintained, constructed and operated
to be in conformity with the City's comprehensive plan and Code of
Ordinances.
2. The use would not change the existing or planned character
of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process,
11 10 -23 -89
materials, equipment or methods of operation that would be
dangerous, hazardous, detrimental, disturbing, or cause a
nuisance to any person or property, because of excessive
noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage water run -off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and
parks.
6. The use would not create excessive additional costs for
public facilities or services.
7. The use would ma;:imize the preservation of and incorporate
the site's natural. and scenic features into the
development design.
8. The use would cause minimal adverse enviionmental effects.
Approval is subject to the following conditions:
1. Adherence to the site plan, dated August 18, 1989, unless .
a change is approved by City Staff.
2. Approval of all building plans and issuance of a building
permit by the bu:ild_nc inspector prior to the start of
construction.
3. No permanent walls or roof shall be permitted with the
deck in the setback encroachment area.
4. The storage area unde_ the deck shall not be heated and
sha_i not be used for liv`_ng space, unless approved by the
City building official.
5. No lighting shall be permitted which blares or shines on the public right
right -of -way.
6. This permit shall be subject to review after one year from
the date of approval, based on the procedures in City
Code.
7. The lower level of the deck shall match the color of the house.
Seconded by Councilmember Rossbach. Ayes - all.
6. 9:00 P.M., Conditiona "1 Use Permit: 1357 Cope (Corner Kick)
a. Mayo:- Greavu convened the meeting for a public hearing regarding the
12 10 -23 -89
request of Sue and Tom Hope for a conditional use permit for a 3066 square
foot addition to the Corner Pick Soccer Center and autho,rizat -on for 151
fewer pa-king spaces. -
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Ralph Sletton presented the Planning Commission
recommendation.
e. Mr. Tom Hope, the applicant, spoke on behalf of his request.
f. Mayor Greavu called for proponents. None were heard.
g. Mayor Greavu called for opponents. None were heard.
h. Mayo_ Greavu closed the public hearing.
4. Council.member Anderson introduced the following resolution and moved
its adoption:
89 -10 -178
WHEREAS, Sue and Tom Hope initiated a cond_.t use permit to
construct an addlt.;.on onto the front of the Corner Kick Indoor Soccer
Center which wou "_d be 190 feet away from the adjacent residential district
at the following- described property:
Except the W 398 ft; that part south of Hwy 36 and west of ry rw
of the 2nd 1/4 of the SW 1/4 (subject to rd) in Sec. 10, To 29, R
A22.
This property is also known as 1357 Cope Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood
Planning Commission on September 18, 1989. The Planning
Commission recommended to the City Council that said
permit be approved.
2. The Maplewood City Council held a public hearing on
October 23, 1989. Pdotice thereof was published and mailed
pursuant to law. All persons present at said hearing were
given an opportunity to be heard and present written
statements. The Council also considered reports and
recommendations of the C_ty Staff and Planning Commission.
13 10 -23 -89
NOW, THEREFORE, BE IT RESOLVED BY THE PiAPLFW00D CITY COUNCIL THAT
the abo described conditional use permit be approved on the basis of the
following findings -of -fact:
1. The use would be located, designed, maintained,
constructed and operated to be in conformity with the
City's comprehensive plan and Code of Ordinances.
2. The use would not change the existing or planned character
of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process,
materials, equipment or methods of operation that would be
dangerous, hazardous, detrimental, disturbing, or cause a
nuisance to any person or property, because of excessive
noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage crater run -off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on
local streets and would not create traffic congestion or
unsafe access on e or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fore protection,
drainage structures, crater and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for
public facilities or services.
8. The use would maximize the preservat - ion of and incorporate
the site's natural and seen,:.c features into the
development design.
9. The use would cause minimal adverse environmental effects.
10. The proposed addition would only be ei_3ht feet closer to
the front lot line than the existing building.
Approval is subject to the following conditions:
1. Adherence to the site plan, dated stamped August 21, 1989
2. There shall not be any sale of alcoholic beverages.
Seconded by Councilmember Rossbach. Ayes - all.
7. 9:15 P.M., White Bear and 11th Avenues (Amoco Oil)
14 10 -23 -89
a. Plan Amendment A Votes)
b. Rezoning A Votes)
c. Lot Division
1. Mayor Greavu convened the meeting for a public hearing
regarding the request of Amoco Oil for plan amendment from LSC to
SC; a rezoning from F to BC; and a lot division to create a 272
foot lot on White Bear Avenue and a 263.02 foot lot to the east to
construct a convenience store building with four gas dispensers in
front, covered by a metal canopy and a car wash building.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the
specifies of the proposal.
4. Commissioner Sletton presented the Planning Commnssion report.
5. Board Member Anitzberger presented the Community Design Review
Board report.
6. Mr. Tim Myerson, Amoco Oil, spore on behalf of the proposal.
7. Mayor Greavu called for proponents. None were heard.
8. Mayor Greavu called for opponents. The following were
heard:
Don Berggren, 2434 White Bear Avenue
Roger Ku_t, 2444 White Bear Avenue
Roger Anitzberger, 1949 Castle Avenue
9. Mayor Greavu closed the public hearing.
10. Councilmember Anderson moved to deny the Plan Amendment from LSC, Limited
Service Commercial, to SC, Service Commercial, the property at the
southeast corner of White Bear Avenue and 11th Avenues to allow Amoco Oil
the following facts of finding:
s anQ a car wash Dasea on
a. The station would violate a requirement of the motor
fuel station ordinance that prohibits major fuel stations
within 350 feet of land planned for residential use.
b. The proposed use is not in conformance with the
Comprehensive Land use Plan in its entirety.
c. The proposed sue would cause traffic problems.
15 10 -23 -89
d. The proposed fuel tanks could present a problem to the
residential area that has wells.
Seconded by Councilmember Bastian. Ayes - all.
11. Councilmember Bastian moved to table Item F -7 -b Rezoning.
Seconded by Councilmember Anderson. Ayes - all.
G. AWARD OF BIDS
None
Mayor Greavu moved to waive the Rules of Procedures and extend the meeting past the
deadline.
Seconded by Councilmember Anderson. Ayes - all.
H. UIdFiNISHED BUSIk'ESS
1. Ban on 1:ew Motor Fuel Stations
a. City Attorney Kelly presented the legal opinion regarding prohibiting
new motor fuel stations to be constructed in Maplewood.
b. Council took no action.
2. Preliminary Plat: Seasons Park
a. Manager McGuire presented the Staff report.
b. Assistant City Engineer Irish explained the City's position on
developer paying for drainage improvement.
c. City Attorney Kelly stated he had researched the easement documents
and found them to be legal and b.
d. Mayor Greavu moved to approve the preliminary plat subject to
developer paying all costs.
Motion died for lack of a second.
e. Councilmember Anderson moved to reopen the public hearing to allow
testimony.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmenbers
Anderson, Juke, and Rossbach.
Nay - Councilmember Bastian.
f. John Oswaid, 1694 Demont, asked questions of the Council regarding the
16 10 -23 -59 -
proposed development and regarding the City's easement on his property.
g. Councilmember Bastian moved to table Item H -2 until Thursday, October
26, 1989 Meeting.
Seconded by Councilmember Juicer.Ayes - Councilmembers Anderson,
Bastian, Juker and Rossbach
Nay - Mayor Greavu.
3. C.D.R.B. Appeal: 2714 Highwood Avenue (Carver)
a. Manager McGuire presented the Staff report.
Is. Director of Community Development Olson presented the specifics of the
matter.
C. Harold Carver, 2714 Highwood, the applicant, spoke on behalf of his
proposal.
d. Mayor Greavu moved to approve Mr. Carver's request regarding the
C.D.R.B. condition that he construct an 80 foot fence to screen the
building and require him to plant three (3) more trees instead of th
Seconded by Councilmember Juker.Ayes - all.
4. Preliminary and Final Plat Reconsideration: Woodlynn Heights' Townhomes No. 4
Nettleton)
a. Councilmember Anderson moved to reinstate a condition on
preli.m'_nary plat for Woodlynn Heights Townhomes No. 4 (Mettle
Sidewalks to be Win on Woodlvnn u.ei.ehts No. 2. 3 and 4 olat
Seconded by Councilmember Juker.
Is. Mack Nettleton, 2201 Woodiynn, argued with the Council regarding this
item.
Vote on Motion.Ayes - Councilmembers Anderson, Juke-
and Rossbach.
Mayor Greavu and Councilmember Bastian
abstained.
Mayor Greavu recessed the meeting at 11:52 P.M. and will reconvene 10 -26 -89 at 4:30 P.M.
A. CALL TO ORDER
Mayor Greavu reconvened the meeting at 4:32 P.M.
17 10 -23 -89
B. ROLL CALL
John C. Greavu, Mayor
Norman G. Anderson, Councilmember
Gary W. Bastian, Councilmember
Frances L. Juker, Councilmember
George F. Rossbach, Councilmember
Present
Present
Present
Absent
Present
C. APPROVAL OF MINUTES
Minutes of Meeting Mo. 89 -22 (October 9 and 12, 1989)
Councilmember Anderson moved to approve the Minutes of Meeting No. 89 -22 (October 9
and 12. 1989) as submitted.
Seconded by Councilmember Bastian. Ayes - all.
D. APPROVAL OF AGENDA
Councilmember Anderson moved to add Item No. 6 "Ed Stack" to the Agenda.
Seconded by Mayor Greavu. Ayes - all.
A. UNFINISHED BUSI1 (Continued)
2. Preliminary Plat: Seasons Park
a. Manager McGu re presented the Staff report.
b. City Attorney Kelly presented the legal`_ties of the situation.
C. Diiector of Community Development Orison answered questions from the
Council.
d. Mayor Greavu called for persons who wished to be heard for or against.
The following voiced their opinions:
Karen Oswald, 1694 Demont
Bill Burns, 2527 Bittersweet Lane
Mario Cocchlarella, representing the developer, Sherman- Boosalis Interests,
Inc.
e. Councilmember Rossbach moved to approve the Seasons Part: Addition
preliminary plat subject to the following conditions:
1. Approval of final grading, utility, drainage, erosion
control and street plans by the City Engineer.
2. The grading plan shall include a proposed building pad
elevation and contour information for each homesite as
18 10 -23 -89
well as the areas to be disturbed for street construction.
Housing styles shall be illustrated which minimize grading
on sites which contain trees to be preserved. Deviation
from this approved grading plan may be permitted by the
City Engineer, provided the intent of the overall grading
plan is complied with.
3. Submit a signed Developer's Agreement with required surety
for all required public improvements, erosion control and
tree planting to the City Engineer, including an eight -
foot -wide trail on the recommended easement, south of Lot
20.
4. Approval of a tree removal and planting plan to the
Director of Community Development before grading or
construction begins or final plat approval is given. This
plan must illustrate the trees that are to be removed,
those that are to be retained and those that are to be
replanted.
5. Revisions to the future Flandrau Street profile to conform
more closely to the natural grade and allow for some tree
preservation.
6. Provision of a 12- foot -oxide trail easement from proposed
Flandrau Street on or along the south line of Lot 20 to
provide a subdivision connection to Four Seasons Park. An
eight- foot -:ride asphalt trail to be installed by the
developer.
7. Provide an outlet for the pond west of the plat, with
appropriate easements to a confirmed City storm drainage
system.
8. Lot P, be included in the Seasons Park Plat.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Counclimembers
Bastian and Rossbach.
Nay - Counc Anderson.
5. Environmental Protection Ordinance
a. Code Amendment (2nd Reading)
b. Alteration Permit
1. Manages McGuire presented the Staff report.
2. Director of Community Development Olson presented the
specifics of the proposal and also the Planning Commission
recommendations.
19 10 -23 -89
3. Brian Helmken, representing the Builders Association of Minnesota, presented
the views of the Association that they can work with this ordinance.
4. Councilmember Rossbach introduced the following ordinance and moved its
adoption:
ORDINANCE NO. 653
All ORDINANCE AMENDING THE
EN1JIRONZTENTAL PROTECTION ORDINANCE
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS the following revisions to Chapter
9, Article I'n of the City code -- Environmental Protection Ordinance:
Section 1. Sections 9 -187 through 9 -193 (1) are amended as follows:
Section 9 -187. Applicability.
a) This article shall apply to any person or use that would alter a
significant natural feature.
b) Public and semi - public projects, such as streets, utilities and
parks, whether built by a public agency or private developer, shall be
subject to this article; except that, the City Council may waive these
requirements where there would be a gzeater public need for the project
than to meet the requirements of this article. A public hearing shall be
held before declaring such a waiver. The property owners within 350 feet -
of the site shall be notiF ed at least 10 days before the hearing.
Section 9 -188. Definitions.
Bluffl.ine: A line delineating a top of a slope with direct drainage to a
protected water, connecting the points at which the slope becomes less
than eighteen (18) percent. (More than one bluff;_ine may be encountered
proceeding landward from a protected water.)
Critical area: The Mississippi River Corridor Area bounded by Carver
Avenue, I -494 and the City limits.
Direct drainage: Drainage into a protected water without an intervening
pond or wetland.
Drip line: The farthest distance around and away from the trunk of a tree
that rain or dew will fall directly to the ground from the leaves or
branches of that tree.
Erosion: The general process by which soils are removed by flowing
surface or subsurface water or wind.
20 10 -23 -89
Gross soil loss: The average annual total amount of soil material carried
from one acre of land by erosion.
Large tree: Any healthy tree that has a trunk diameter, four feet above
the ground of at least 8 :inches, other than a box elder, cottonwood,
poplar, or any other undesirable tree, as determined by the Director of
Community Development. -
Pipeline: An underground 'sine of pipe including associated pumps, valves,
control devices and other structures utilized for conveying liquids,
gases, sewage or other finely divided solids from one point to another.
Protected water: Formerly referred to as public waters, means any water
defined in Minnesota Statutes, Section 105.37, Subdivision 14.
Retaining wall: A structure utilized to hold a slope in a position which
it would not naturally remain in.
Sediment: Suspended matter carried by water, sewage or other liquids.
Significant natural feature: a significant water body, large tree, a
woodlot, a significant slope or a site of historical or archeological
significance that has been recorded with the State.
Significant slope: A natural slope of 25 percent or more grade over an
area at least 200 feet in length (top to bottom) and 500 feet in width
side to ci.de).
Significant water body: A water body shown on the City Drainage Plan or - a
water body over one acre in area.
Slope: The inclination of the natural surface of the land from the
horizontal; commonly described as a ratio of the length to the height.
Structure: Anything manufactured, constructed or erected which is
normally attached to or positioned on land, including portable structures.
Substation: Any utility structure, other than lines, pipelines, poles or
towers.
Terrace: A relatively level area bordered on one or more sides by a
retaining wall.
Utility: Electric telephone, telegraph, cable television, water, sanitary
and storm sewer, solid waste, gas or similar service operations.
Vegetation: All plant growth, especially trees, shrubs, mosses or
grasses.
Water body: Any lake, stream, pond, wet "iand or river.
21 10 -23 -89
Wetland: Any land which is seasonabl wet or flooded, including all
marshes, bogs, swamps or floodplains.
Woodlot: A treed area of at least one -half acre of which at least 25% of
the area includes large trees.
Section 9 -189. Effect on density.
The City may reduce the maximum allowed density on that part only of the
development that has a significant natural feature, cohere such reduction
would save all or part of a significant natural feature. However,
regardless of the requirements in this article, the maximum allowed
density shai. not be reduced below 675 of dwellings. The minimum lot size
shall not be increased above 15,000 square feet for single dwelling.s Any
required density reduction or increase in lot size must save a significant
natural feature. The City Council may required the clustering of
dwellings in the form of town - houses, quads, apartments or similar uses,
where it is necessary to preserve significant natural features.
DIVISION 2. ADMIIdISTRATIOId
Section 9 -190. Tree plan required.
A tree plan shall be required with any City application which would result
in the loss of 'large trees or all or part of a woodlot. This plan shall
show; the enist ng woodlot, identify the sizes and species of any large
trees and indicate which trees are to be removed. Tre applicant shall
show on the tree plan and on the site, the limits of proposed grading
activity near a large tree or woodlot to be preserved. These grading
limits shall not encroach upon the drip -lines of the trees to be preserved
in the woodlot. City Staff may submit the plan to a tree expert for a.
recommendation. Any costs shall be paid for by the developer.
Section 9 -191. Woodlot alteration permit.
a) A woodlot alteration application shall be submitted to the Director
of Community Development for any alteration of a woodlot that is not
reviewed in another application.
The applicant shall submit a tree plan and any other information needed to
determine compliance with this article. Specific requirements shall be
stated on an application form in the office of the Director of Community
Development. An application fee shall be established by the City Council
by resolution from time -to -time.
b) The Director of Community Development may approve a woodlot
alteration permit which complies with this article. The Director's
decision may be appealed to the City Council in writing by any effected
22 10 -23 -89
party within ten days of the Director's written decision.
Section 9 -192. Conditions of Approval.
The C__ty may require conditions of approval to insure compliance with this
article.
DIVISION 3. APPROVAL STANDARDS
Section 9 -193. Approval standards.
Any request to alter a significant natural feature must meet the following
standards:
1) General Standards.
a. Ali plans and the conduct of all grading, landscaping,
structure placement, and street routing shall be consistent with
the City's comprehensive plan, and for development in the
Mississippi. River Corridor Critical Area, the Maplewood Critical
Area Plan.
b. The proposed development shaln not lessen existing public
access to and along a protected water.
c. The proposed development U all. be designed, constructed and
maintained to avoid causing:
1. Erosion
2. Pollution, contamination or siltation of water
bod:_es or storm sewers.
3. Flooding.
4. Ground water contamination.
5. Alteration of significant natural features.
d. Development shall not substantially diminish the scientific,
historical, educations. recreational or aesthetic value of unique
natural areas, plants and animals, which are registered with the
state as such, and shall not substantially alter their
reproductive cycles.
e. Views of protected waters from buildings or public streets
shah not be impaired by the placement of advertising signs.
Section 2. The current Subsection 191 (5), now 193 (5), is amended as
follows:
5) Trees.
a. Development shall be designed to preserve large trees and
23 10 -23 -89
woodlots, where such preservation would not effect the public
health, safety or welfare. The City may prohibit removal of all
or a part of a woodlot or large tree, subject to the limitations
in Section 9 -189. In addition, nothing in this article shall.
prevent building on an existing lot of record, provided that such
building shall be designed to save as many trees as possible.
This decision shall be based on, but not limited to the following
criteria:
1. Size
2. Species, health and attractiveness of the trees,
including:
a) sensitivity to disease.
b) life span.
c) nuisance characteristics
d) sensitivity to site grading.
3. Potential for transplanting. -
4. Need for thinning a woodlot.
5. Effect on the functioning of a development.
6. The public health, safety and welfare.
b. If large trees are cut, the density of trees shall be restored
so that which existed before development, but in no case shall the
applicant be required to raise the density above ten (10 trees per
acre, unless part of a required planting screen.
C. If any 'large tree in a woodlot is cut, damaged or the area
within the tree's dripline has been encroached upon by grading
equnpment without City authorization, the City may required
planting of two new trees. In addition, if the City determines
that a damaged tree will probably not survive, it shall be removed
by the developer.
d. Any trees required to be planted shall be varied in species,
shall maximize the use of species native to the area, shall not
include any species under disease epidemic and shall be hardy
under local_ conditions. Trees shall be at least 2 1/2 inches in
diameter for deciduous trees and eight feet tall for coniferous
trees.
e. Any trees required to be planted shall be replaced if they die
or appear to be dying within one year of planting by the person
responsible for the planting.
f. Before any construction or grading takes place, snowfencing or ,
24 10 -23 -29
erosion control fencing shall be placed around the borders of
woodlots or the driplines of large trees to be preserved. Signs
shall be placed along this fence line prohibiting grading beyond
the fence line.
Section 3. DIVISION 3. UTILITIES APM STREETS is hereby renumbered to
DIVISION 4.
Secs. 9 -192 utilities and 9 -193 streets are hereby renumbered to Secs. 9 -194 and
9- 195. There are no other revision to these sections.
Section 4. This ordinance shall take effect upon its passage and publication.
Seconded by Mayor Greavu.Ayes - a_1.
b`: Resolution (Application Fee for 6loodlot Alteration Pe gait)
1. Manager McGuire presented the Staff report.
2. Director of Community Development Olson presented the specifics of the
proposal.
3. Mayor Greavu introduced the fo'lowinR resolution and moved its adopt_on'.
89 - 10 - 179
WHEREAS, the City of Maplewood has adopted a revised
envi _onmental protect" =on ordinance that establishes a woodlot
alteration permit; and
WHEREAS, said ordinance states that an application fee for
such permit shat' be ectabl =.shed by the City Counci *'.
NO[d, THEREFORE, BE IT RESOLVED that an application fee of $50
be established for a woodlot alteration permit.
Seconded by Councilmember Anderson. Ayes - all.
6. Moratorium on New Prel:i.mina:y Plat Applications
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved that the moratorium on new preliminary plat applications be
ended.
Seconded by Council Rossbach. Ayes - all.
I. NEW BUSINESS
1. Registered Land Survey Highway 61 and P,ohlman Avenue (Bartlett)
a. Manager I'cGuire presented the Staff report.
25 10 -23 -89
b. Director of Community Development Olson presented the specifics of the
proposal.
C. Councilmember Bastian moved to approve the registered land survey,
subiect to the following conditions being competed nrior to the Citv
the KL5. As an alternative, the applicant may submit an escrow
t and form suitable to Staff to ensure that all of the
of aonroval are met.
1. Submittal to the City of a signed deed for Tract D (the
northern ten feet of the property) for additional Kohiman
Avenue right -of -way.
2. The dirt areas of the parking lot and the dumpster pad
shall be surfaced with bituminous and shall be subject to
the approval of City Staff.
3. The parking lot shall be striped in such a manner which is
consistent with the City's off - street parking regulations.
Such a plan shall be subject to City Staff approval.
4. The trash dumpster shall be stored in a screening
enclosure with a 100; opaque wooden gate and shall be a
color and material compatible with the Angus Meats
building. The enclosure shall be protected by concrete -
filled steel posts,s or the equivalent, anchored in the
ground at the front corners of the structure, as required
by Code. If the enclosure is masonry, the protective
posts may be om=itted. The enclosure plans shall be
subject to the approval of City Staff.
5. The installation and maAnterance of a state- approved,
reflectorized stop sign on the north side of the driveway.
Seconded by Councilmember Anderson. Ayeo - a_i.
2. Code Amendment: Truth -In -Sale of housing (lot Reading)
a. Manager mcGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics
the proposal.
C. City Attorney I:elly explained the legalities of the proposed
ordinance.
d. Mr. Bob pheim, 617 Hiliwood Court, Manager of real estate office,
spoke on behalf of the realtors.
e. Mr. Dan 1'_ezgocki, 1037 Marnie, licensed private home evaluator, presented his
views.
26 10 -23 -39
f. Council member Bastian moved to table this item until the next meeting, November 13
and 16, 1989.
Seconded by Councilmember Anderson. Ayes — all.
3. C.D.R.B. Appeal: English Place (English Street and Highway 36)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics of the proposal.
c. Board Member Mike Holder presented the Community Design Review Board
recommendation.
d. Steve Lammlein, 1308 Cope Avenue, expressed his concerns.
e. Councilmember Rossbach moved to table an order to compare the original proposal to
the proposal before the Council this meeting and to review the changes in the nature of the
development to see if it is within the present City code. The original conditional use permit
would still apply.
Seconded by Councilmember Bastian. Ayes — all.
4. Schedule Public Hearing: Footprint Lake Storm Sewer Project 87 -32
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
89 -10 -180
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare a report with reference to the improvement of the area roughly bounded
by English Street, Gervais Avenue, White Bear Avenue, and Ryan Avenue, City Project 87-
32, by construction of storm sewer, and
WHEREAS, the said City Engineer has prepared the aforesaid report for the
improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that the proposed improvement
of the area roughly bounded by English Street, Gervais Avenue, White Bear Avenue,
and Ryan Avenue, City Project 87 -32, by construction of storm sewer is feasible and
should best be made as proposed, is hereby received.
27 10 -23 -89
2. The Council will consider the aforesaid improvement in accordance with the reports
and the assessment of benefited property for all or a portion of the cost of the
improvement according to MSA Chapter 429, at an estimated total cost of the
improvement of $1,444,200.
3. A public hearing will be held at John Glenn Middle School at 1560 East County
Road B, Maplewood on Monday, the 20' day of November, 1989, at 7:00 P.M. to
consider said improvement. The City Clerk shall give mailed and published notice of
said hearing and improvement as required by law.
Seconded by Councihnember Anderson. Ayes — Mayor Greavu, Councihnembers
Anderson and Rossbach
Nay — Councilmember Bastian.
5. Schedule Public Hearing: Roselawn Avenue, I -35 E to Arcade, Project 89 -03.
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
89-10-181
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare a report with reference to the improvement of Roselawn Avenue from
Arcade Street to Interstate 35E, City Project 89 -03, by construction of bituminous street with
concrete curb and gutter, sidewalk, storm sewer, water main, and sanitary sewer
reconstruction together with trunk storm sewer outfall to serve area roughly bounded by
Larpenteur Avenue, Arcade Street, County Road B, and Interstate 35E, and
WHEREAS, the said City Engineer has prepared the aforesaid report for the
improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows:
1. The report of the City engineer advising this Council that the proposed improvement
on Roselawn Avenue from Arcade Street to Interstate 35E, City Project 89 -03, by
construction of bituminous street with concrete curb and gutter, sidewalk, storm
sewer, water main, and sanitary sewer reconstruction together with trunk storm sewer
outfall to serve area roughly bounded by Larpenteur
28 10 -23 -89
Avenue, Arcade Street, County Road B, and Interstate 35E
is feasible and should best be made as proposed, is hereby
received.
2. The Council will consider the aforesaid improvement in
accordance with the reports and the assessment of
benefited property for all or a portion of the cost of the
improvement according to NSA Chapter 429, at an estimated
total cost of the improvement of $2,252,400.
3. A public hearing will be held at Edgerton School at 1929
Edgerton Street on Thursday, the 16th day of November,
1989, at 7:00 P.M., to consider said improvement. The
City Clerk sha'_1 give mailed and published notice of said
hearing and improvement as required by law.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Rossbach
Nay - Councilmember Bastian.
6. Meeting Schedule for Balance of Year.
a. Manager McGuire stated the following are the dates of Council Meetings that
are currently scheduled;
Monday October 23,1989 7:00 P.M.Regular Council Meeting
Thursday October 26,1989 4:30 P.M.Regular Council Meeting
Monday October 30,1989 7:00 P.M.Council /Manage-Meeting
Monday November 13,1989 7:00 P.M.Regular Council Meeting
Thursday November 16,1989 4:30 P.M.Regular Council Meeting
Monday November 27,1989 7:00 P.M.Regular Council Meeting
Thursday November 30,1989 4:30 P.M.Regular Council Meeting
Monday December 11,1989 7:00 P.M.Regular Council Meeting
Thursday December 14,1989 4:30 P.M.Regular Council Meeting
Monday December_25,1989 No Meeting Holiday
Thursday December 28,1989 4:30 P.M.Regular Council Meeting
b. No action taken.
7. Request for Stop Sign.
29 10 -23 -89
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to authorize Staff to place a stop sign on C'_ty
Heights Drive at Summer.
Seconded by Councilmember Anderson. Ayes - all.
8. Review Code Ordinance Section 2 -23, City Council Compensation
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian moved first reading of an ordinance to amend
Section 2 -23 to increase Council compensation.
Seconded by Mayor Greavu.Ayes - all.
9. conditional use Permit Renewal: Highway 61 (Frattalone)
a. Manager McGuire presented the Staff report.
b. Mayo_ Greavu moved to approve the renewal of the cond= :_tional use
germ-'t for m'.neral e traction north and northwest of Gu_den's Restaurant,
west of = :ichwav 61. for one vep_r. subiect to cnnni3ance w"t-h the nria =nal
must obtain an annual pe_--m:-t for. the City En_ - .neer; and
t a e_-ad: r,a p12n.
Seconded by Councilmember Anderson. Ayes - al`.
J. VISITOR PRESE77ATIOtTS
1. Mr. Dale Jansen
a. M Jansen, 2227 Wood'ynn Avenue, President of Woodlynn Heights
Towrhomes Associat.` -on, questioned the Council's action on October 23,
1989, regarding the sidewalk situation.
b. Councilmember Bastian answered the concerns. If Mr. Nettleton wishes
to place sidewalks in front of Townhome No. 1, but it is required wi t])
Townhomes No. 2, 3 and 4.
2. Mr. Ed Stack
a. Mr. Stac 2173 Stanich, stated he is e__perienc-ng severe drainage
problems in the back of his property and presented photographs to Council.
b. Director of Public Works Haider responded to the complaint.
C. Council recommended the City Manager Investigate the allegations.
IZ. COUNCII. PRESENTATIONS
30 10 -23 -89
1. Davis Bacon Act
a. Counciimember Anderson received a call from Mr. Al Kelly who expressed
his concerns that he felt there would be non -union workers on the new city
hall expansion.
b. City Attorney Kelly explained the specifics of the Davis Bacon Act.
It primarily states that workers will be paid prevailing wage for the same
work whether union or non - union.
Councilmember Anderson moved to bring this back before the City Council
within two months and it should include the necessary language for future
city -owned building improvements.
Seconded by Counciimember Anderson. Ayes - all.
2. Schroeder Milk
a. Counciimember Anderson questioned how far back was the grading going
to go.
b. Staff will investigate.
3. Mali Traffic
a. Counciimember Anderson requested a left -hand lane on idh'_te Bear Avenue and
County Road D and also possibly a left -arrow signal.
b. Staff will investigate
4. Cope and English
No d'scussion.
5. Striping on Frost Avenue
There is a study of this area being done.
a. Counciimember: Anderson questioned the possibility of 3 -1ane striping
at Frost Avenue, but Ramsey County states it cannot be done until the
street is repaved.
6. Arcade and Roselawn
a. Councilmember Juker had questioned at the last meeting what was
happening to the burned out gas station at Arcade and Roselawn.
b. Director of Community Development Olson stated a building permit has
been issued.
L. ADMINISTRATIVE PRESENTATION
31 10 -23 -89
1. RV Ordinance Discussion
a. Councilmember Rossbach moved to table for further study.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Rossbach.
Nay Councilmember Bastian.
b. Frank Brown, 2469 Germain, requested a copy of the proposal as he has
an RV vehicle.
M. ADJOUR;;t ^NT OF OCTOBER 26, 1989 MEETING
7:35 P.M.
City Clerk
32 10 -23 -89
z- "4q - /
To:
FROM:
SUBJECT:
DATE
INTRODUCTION
MEMORANDUM Action by Council
City Manager Endorsed-.....,
Ken Roberts,. Associate Planner Modif ed.,
HRA Appointments e•e
October 11, 1989
R cted
D
With the resignation of John Prey and Grecj Schmit from the HRA,
there are two vacancies which should be filled. Mr. Prey's term
expired in Xarcch,. 1989 and Mr. Schmidt's term expires in March,
199 There are three applicants. Gary Pearson appeared before
the HRA and the City C approximately a year ago.
DISCUSSION
The HRA conducted interviews with Gary Pearson and Larry Whitcomb
at their October 11, .1989 meeting Evan Coobs was not present at
this HRA meeting and thus was not interviewed The HRA
recommended that Larry Whitcomb and Gary Pearson be appointed to
the Maplewood Housing and Redevelopment Authority.
It is important to fill these vacancies to avoid quorum problems.
The HRA has already had one meeting this year that lacked a
quorum.
RECOMMENDATION
Fill the vacancies on the HRA.
kenmemol4
Attachments
1. Evan Coob application
2. Gary Pearson application
3. Larry Whitcomb application
MAPLEWOOD BOARDS & COMMISSIONS
Name
Address
APPLICATIONS
k
A e Homeowner: Yes L~°~~~
No
Ck Phone: Home 7 7?
Number of Years as a Homeown
Number of Years as a Resident
Would regular attendance at meetings be difficult: Yes
On which board or commission are You interested in serving on? List 6
Number 1 being first choice.
73 ._COMMUNITY DESIGN REVIEW BOARD ARK & RECREATION COMMISSION
I & REDEVELOPMENT AUTHORITY PLANNING COMMISSION
KUMAN RELATION COMMISSION POLICE CIVIL SERVICE COMMISSION
I` this is a renewal application, total number of meetings held on your
board or commission this past year? How many have you missed?
F'rese it Occ pation and Epplo V VCv- WA c, -f,
eLl e Number of Years
1C I K4 e -'L I 9
List organizations or club i
icipant.
h co n wh i OU have beep *or areztvAanactivepar001
A I- pou Ct Vr) Ld
041, " -
6-
CA a. =P,(A r, a - t -La -C
C, L' 3 C!
d i i f i f
CA
Iv would you like to sery on
U& Ct C!an of these boards or commissions?
1 vv 6 k -t A, IA,% L-A, a, 0 ZA I Q
A comments: c AZ L -4--
T70-Z
CITY OF MAPLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
NAME Evan D. Coobs PHONE 777 - 0127
311 ZIp551O93BellaireAvenueADDRESS
1 How long_ have you lived i n the Ci of M 5 months
2 Does our employment require travel or being away from the community which would make
y p
regular attendance at meetings difficult? + Yes X No
h Board or Commission are3) On wh you interested in serving? (check) c B Y
Community Design Review Board Park & Recreation Commission
X Housin g p & Redevelopment Authori Planning Commission
Human Relations Commission Police Civil Service Commission
4 ) y ou anDohave specific areas of interest within this Board's or Commission's scope of
any
List other o or clubs in the Community in which you have been or are an
g
active participant:
b) Why would you like to serve on this Board or Commission?
I am a new resident of Maplewood, and I would like to become
involved in some community activities. I have had courses in
Planning & Zoning, and am involved in low- income housing projects
in my work as an attorney. My wife and I are currently renters,
but are considering purchasing a home in Maplewood. I am interested
in assisting the Housing Authority in ensuring that persons
w 'ke to live in Maplewood find an adequate supplyADDIT' Al 11 NT .of quality housing.
MAPLEWOOD BOARDS Zu COMMISSIONS
APPL I CAT I DNS
flyName Date a? 8 - --
Address g9ZIeWCO-JIf A1lJ Phd ne: Home 77 3 SS
Wort, 7 10
lg e.,_ „_,,, tiomeowner:. Yes )1%
No
Number of Years as a Homeowner
Number of Years as a Resident
3
Woul d regal ar attendance at meetings be dif f iCUl t: Yes No X
On which board or on are you interested in serving on? List 6,
Number 1 being -first choice.
COMMUNITY DESIGN' REVIEW BOARD F'ARK 9 RECREATION COMMISSION
e5L.-HOUSING & REDEVELOPMENT AUTHORITY
I
FOLANN I NG COMM I SS ON
HUMAN RELATION COMMISSION ,5` CIVIL SERVICE COMMISSION
1+ this is a renewal application, total number of meetings held on your
board or . commission this past year':' How man have YOU missed;n
OMMWMWM --- ENWANWW
Edt.tcation e. S, Mrc IMAJ IeAl-
resent Occupation and Emplo
L&bLEEKVI ;= A A Number of Years
9. - 2 fP:G. e9-
New app- I iccants onl y : PrevioLits *job e.x.perience and einpl o (I ist I Art '3)
Z"jjg;gZ7R4 A&BL4W Ma dMI-1a
W
List organizations or clubs in the communit in which YOU have been or are
an active p art ic-ipant. A1ZZd
Backci.nound e...perience in-an of the boards or commissions, if an .
Wh wo* ul d you I itte to serve on an of these boards, or comet iss-,ions".-
J0:*"t4E./AdafiJ2 AW SXROV'446 -A _..ZxTM
Additional comments:
Agenda Number E -1
AGENDA REPORT
action by Council
Endo r sed.....- .,_......n_,
TO: City Manager Rejecte a
Date
FROM: Finance Director
RE: APPROVAL OF CLAIMS
DATE. November 6 1989
It is recommended that'the Council approve payment of the following
claims:
ACCOUNTS PAYABLE:
637,135.70 Checks #4936 - #5012
Dated 10 -12 -89 thru 10 -31 -89
155,135.93 Checks #2474 - #2644
Dated 11 -13 -89
792,271.63 Total per attached voucher /check register
PAYROLL:
206, 787.56 Payrol 1 Checks
331924.57 Payroll Deductions
240,712.13 Total Payroll
1,032,983.76 GRAND TOTAL
Attached is a detailed listing of these claims.
DFF : kaz
r
i,VisUCHRE.0 C I l Y OF MA1-'l. E.NUO
l,1
0112 - 00 ... t 1) 1 1 "` 18 9 _- B 9 S T 'tx i i Y._. C rCj -.r. _- _ _ - _ _ _ __ -... - -# T € -- ITS - - R -- t _ 1 L4921 , 31
14I
4938 541 400 10 /12 /89 MINN. STATE TREASURER SI ATE DR L.I C FETE PAY 413.00 413.
4939 541400 10/12/89 MINN. STATE TREASURER MOTOR VEH LIC FEE RAY 7 71404.33
I, 9'
4-I tf T~t : S t A- . --T *V-E-- L---- &- _ -'-R A4 -1+(-1 ".: 0 0 66 t
i ___
zu
i >1
4 4941 320500 10/13/89 GROUP HEALTH INC. HCMA DEDUCTION PAY 39166.12 f s
r...... _ ,.. -A. /R .,INSURANC:E
HEALTH LIFE DENT 9 13, 3130.49
127
LIFE INS PAY 136. ;s
A/R INS C.ON T 27.14
F..._...._. ...._- ._ .Y .. _ .. .......... .._.... _ _ ... T!-1 L I FE. , .-D L..,
33
34
4943 $01404 10/13 MADISON NATIONAL LIFE LTD .INSURANCE 1 , 57Z.92 i 187Z 9. 2 35
36
4944 722200 10/13/89 PUBLIC EMPLOYEE PE:RA DEDUCTION PAY 9 38
PERA CONTRIBUTIONS 12,171.36 21,54T.19 39
40
4945 190400 10/13/89 DEPT. OF NATURAL RES'OUR SES DNR LI C FEE PAY 74. 74.
41
42
43
4494610Jt-ra n:: In. R. OR IE R T , p' , r N C n,N S T R I I •].- •ice- ii -1 -_ . ----
SUR 53. 46
FLAN CHECK 371.60 47
i
49
CONN CHARGE 150.00 50
RESI D PAC 32640 15 5 51
52
4947 541400 10/13/89 MINN. STATE 'TREASURER M VEH LIC FEE PAY 71302.50 7 c4
55
r '- - . 1 F 56lLAIN ..- ,; T _..TR EAS.U1.Lfl . _ _ _ _ _ _ _ . ,. 7. E ... 13R T,...1.G 1:::.....F .A Y .................. . . . . .- _ _._._ _ ...._. _. _._._........_..._ -. _ _. 4 t;....- ._._..... _ _..._. _.. _ 1-t . , _..
57
58
4949 2611001 10/16/89 FIRST MINNESOTA FICA PAYABLE 7 59
FICA CONTRI B 7, 25.6$ 34,579,50 62
63
49, -a__ L6. .1 s ,_.__ _.1.. j..,_.,. 1 -- ?- ..._....14 N_ -S T-A 1 E...0 OM N. I S S I 0 N L R S t INC.. 7 A : RAY __...- ....... _. _.............. - T ` 4, 4 . _.. _ , ' 44 -__ _Y
65
66
4951 261100 10/16/89 FIRST MINNESOTA WAG DEDUCTION 237.50 237.50 67
68
4952 551500 10/16/89 MN POLLU C 01HER IMPROVEMt
69
NTS 140,00 140.00 70
71
TRAVELCtMNE. E u T r -F A
73s
74
4954 541400 10/16/89 MINN. STATE TREASURER MTR VEH L IC FEES 10,726.Z5 10 75
T 76
U PPACE 1 I
1. 1... C. u..... ....._ _. 1 .. .,.- - -• - -• --- ...__ __- -- -_ _V u U . kl . h ! cc.r '1 if G F t,, .: U •I , T € i
FOR PPERIOD 1
it i 1 f R j
VENDOR CCHECK VVENDOR IITEM IITEM C
4
NUMBER NNUMBER DDATE NNAME DDESCR IP*L" ION AAMOUNT AAMOUNT
4936 1140400 110/12/89 CCLERK OF DISTRICT COURT C
119
vouo*nEa CITY OF MAPLEWOOD PAGE 2 `
FOR PERIOD 10
VENDOR I TE 11 ITEM CHECK
CHECK VENDOR C H E':'C K
NUMBER NUMBER DATE NAME DESCRip"rION AMOUNT AMOUNT
541400 10/16/89 MINN. STATE TREASURER ST DRIV LIC FEES 790.50 790.
49-RA 0:10400 lag R Q
SUPPLIES EQUIPMLNT 3.17
SUPPLIES OFFICE 1.79 32.58
4957 3.7-0500 1011 GROUP HEALTH INC.AMB 906227 210.00 210.00
4959 541400 10/17/89 MINN. STATE TREASURLR MTR VEH LIC FEES 8 8
4960 531650 10/17/89 METRO WASTE CON'rROL COMMISSN SAC PAYABLE 7Z,450.00
SAC RETAINER 724.50- 71
4961 131350 10/18/89 CIRCUS FEES FOR SERVICE 200.00 200.00
4963 570700 k4l10/18/89 MOVIES AT MAPLEWOOD II. FEES FOR SERVICE 1760900 175.00
4964 010465 10/18/89 A.T. T. COMMUNICATIONS A/R MISC 9.66 371
TELEPHONE 217.00
4965 2407Z5 10/18/89 EMPLOYEE BENEFIT PLANS DEP W/PAY AGENTS 1 000,00
4966 541400 10/18/89 MINN. STATE TREASURER MTR VEH LIC FEES 8 8 D
4968 140400 10/19189 CLERK OF DISTRICT COURT CNTY DR LIC FEES PAY 141.00
4969 550025 10/19/89 MN AMERICAN PLANNING ASSN. TRAVEL TRAINING 15.00
TRAVEL TRAINING 50.00 65.00
4970 660900 10/19/89 NORTH STAR CONCRETE COMPANY MAINT MATERIAL 378.50
MAINT MATERIAL 7.57- 370-193
4971 541400 10/19/89 MINN4 STATE 'rREA.SURER STATE OR LIC FEE PAY Z27.50 Z27.50
4973 531700 10/ZO/89 MEYER CONTRACTING fibCONSTRUCTIONCONTRACTS2626,789-04 67
UTILITIES 13,16 13
UT-IL 117JE5-
VOUCHREG C
V
CITY OOF MAPLEWOOD PPAGE S
Vl d:: R l CC#: R. I, T AA
FOR PPERIOD 10 11
3
CHECK VVENDOR CCHECK VVENDOR IITEM IITEM CCHECK 66
NUMBER NNUMBER DDATE NNAME DDESCRIF*rION AAMOUNT AAMOUNT 77
e
UTILITIES 1101x74
UTILITIES 668 .68 11i
13
14.
4976 4450120 110/20/89 LL. M. C r I . T . IINSURANCE 442,589.66 442, 589.66 115
16
4977 1150800 110/20/89 CCOMMISSIONER OF REVENUE FFUEL. OIL 332.63
117
18
FUEL OIL 110.63 119
r..W .FF UE L.., 0 -I L
FUEL OIL 229.
221
FUEL OIL 225.88 223
FUEL OIL 119.66
225
26
FUEL 2 - 5i 09 227
0iU , EL O
28
29;
30
349787722200110/20/89 PPUBLIC EMPLOYEE LLIFE INS. 1144.00 1144 . SC.r
3
31
2i,
4979 554.1400 110120/489 MMINN. STATE. TREASURER MMOTOR VEH LIC. SS 1.54..81 3
3.
34
35
4980- _ 4 0 a --•- -1 O / 01 9- MM_I N I t- . - -. - -S T -k T E - -- T R -E -A SURE R -.. - _ __ . SSTATE D R I V E R S .- L I- C -.... 7 336.
i 4981 5541400 110/28/89 MMINN. STAT TREASURER MMOTOR VEH L.IC. 77 77 3
38'.
49$2 '5414.00 11.0/ /Sr MMINNr STATE rREASURER SSTATE DRIVERS LrC. 6695.0V 6695.00rtG 42
43
i - -495-. -- 55.. -1.lQ: 630 - - --1 0 12.41 _ {A '.L. 4tI__. ! 1X1:1 Lit ht U.ra' - BEVEL -O P M N T LLAND- I M P R O V E M.f:: N .T - 0 ":k6, r .4 '7 _ .
I 4984 4450250 110/24/89 LLAKE AREA UTILITY CONTRACT AAWARDED CONTRACTS 118,488.27 11: 447II .
i - -448
4585 11'01500 110/24/89 UUS WEST TTELEPHONE: 1 550
a9
o
TELEPHONE 550.94 551
i
T
M._.......... __.._........ _ . _..._................_..... _w.. _ +, _._ _w.__W _
53)
TELEPHON 551 .6 _541
1 JJELEPHONE:. 2281.43 555
T-rl. : -"r - --- -- 556
TELEPHONE 448.74 5
r
TTELEPHONE 448.74 5591
6 °I
TELEPHONE 448 • 7 4 662
TELEPHONE 448.74 663
6ELEF .7A___ _________ _64
r - .. , . , .... , . , «. , om T. e'°'°' nn' ," r- Np'*" yy « a: m.+ Hxsf± rr4Mnr: n=. +e9'.s*rtm^*..nw•n.. °« 'c^ !^?7en.xrtx!aRtp'mc.. +! s' rreg` r+ rt+ ^! !'1*^3Ah"."m'77`29Fm7ics+PMm. TSFmn+eY9kM•r.+en _
VOUCHREG CITY OF NAPLrW+:: )D PAGE 4
1 -1J-021,89 - . _1 4 Vc, _ _ . _ _ •: REGISTERtUZ'HLR /
FOR PERIOD 10
2 L
3 4
4
r,
CHECK VENDOR CHE=CK VENDOR ITEM ITEM CHECK
S NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT (7
6 .. _ _.._. _- ._. -_.. .. - ........__ _ -
7 TELEPHONE. 67 .95 i1
8 TELEPHONE 51.80
9
1Q TELEPHONE 14.77
TELEPHONE SL . 90
12 ---_..___. ....__..._._._.._.__........ . ..... TELEPH-ONE. -. _...._.. _ -----
13 TELEPHONE 114.75 4 97.40 118
14
15 w492654 - 10 2 4 9 MTN N A T - ' E-A E R ._ - __ ____--- ._._..- - 4 G -T U i- -1 "E -1 -.. -L. -I G ,, ___ _____ __ __ _ __ __ _ _ - -- ---- -- -. $-- -____ $ , i
16
17 4987 541400 10/24/89 MINN. STATE TREASURER STATE DRIVERS L.IC. 663.50 663.50
19 4908 720600 10/Z5/89 POSTMAST POSTAGE 1 , 3L0 .00 1 .00 t
20
f l 7' t C `- r .21 S __ _ _ __ _ _ _- ._.- .- __. - -C- UT--Y--D R .3-- V--- - -L C ----F= tea. s3-- _ -: 3 i- Trv v __ j .: t
22
3 i
23 4990 661750 10/Z5/89 NORTHERN STATES POWER UTIL 510 CENT 77. 77. -
24
25 4991 18120 10/25/89 DANNE:R INC. AWARDED CONST CTR 86,351 869351 3.
26 3
27 - ,;31
28
REA
3
3+
29 4993 - 541400 10/Z6/89 MINN. STATE TREASURER STATE DRIVERS LTC. 579.00 579.00 31
30 4i
a31 . 4994 610ZOO 10 /Z6 / MUL.WEE, GEORGE: TRAVEL TRAINING ..4.00
lj 32 VEHICLE ALLOWANCE 10.66 14.66 ,
33 4
34 4995 240725 10/Z6/89 EMPLOYEE BENEFIT PLANS DEPOSITS PAYING 11000.00 1 14
35 1,
36 - - .q _ '} 0 1 t... 7r1 E . L1..I .- E triF1..U.1 E.F _... _ - P E.R A -DL UU G I3 I ON -- _ _ - -. __ _ _...._._._ .._._.__... ----- -.--9.. - ___.._._ .
37 PE;.RA CONTR I $U`r ION 12 2Z, 045.03
38 r
4997 -541400- 1OZ21189 MINN-
J
T T-E-- R . i.tl E;.E ..... _ _ _ _ _ _- _._.. t TO VE.k . _ 1::...I G *- _ _ - - 702 91
40
5
0' 41 4995 541400 10/27/89 MINN. STATE TREASURER STATE DRIVERS LIC. 683.00 683.00 15421
4999 190400 10/27/$9 DEFT. OF NATURAL RESOURSr:S DNR LICE::NSE. 91.00
N
91.00
44
45 i 1 - - Ql g 1 12:z 1 Q !R, nAN JriMrr- _ _ _,__. -- -- _ _...._.__ ,.. -_ _ _w _ f'4DElr_ri3 tii.r L "-- ----
r 990 :328060 b
46
b
ti
47 5001 261100 10/30/89 FIRST MINNESOIA FICA PAYABLE 7 6
48 1~ ICA FAYA LE _._ .. :0,:3,_...
49 FICA CON'f RIS 7 34 6
50 i;
51 r-SIA 0,0 r~ -- lit
52 s
7
53 500; 943500 10 WISCONSIN DE PI' . OF' REVENUE: ST INC TAX PAY 121.38 121.38
54 7
55 r i., to r
5004 551650 10 /30 /89 METRO WASTE CONTROL CCMMISSN SAC RETAINER 776.2 5 776.x.5
56 l
57 _ ., _ »r ._.._N.., + A .- _._....._ . - _... _ ._ FEE ._ F.OR - SE' RV - CE..._._
VOUCHREG C OF MAPLEWOOD PAGE 5
FOR PERIOD 1 zl
3,
V
w _ .._ ........ _.....
4
CHECK E N D O'R CHECK VENDOR I T E lY!ITEM - Yl_5
CHECK 6
NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7
B
5006 662600 tO /30/$9 NORWES`E' INVESTMENTS SERVICES PRINCIPAL PAYMENTS 51036.56 _ .59036a56 ,o
ST. -D R I V L I G -- -FEES - _ ._._ . __ ._.. - -- - -- .._. __._.__._.._ _ _ ._..__
11
12
113
14'.
5008 541400 10/30/89 MI NNl . STAIE TREASURER MIR VEH L IC Ft ::S 11 .50 11 , 672.50 15
16
5009 1 10607 10/31/89 CARVER, HAROLD DE:P PAYABLE 3 6q0 OD 3 ltt. D ,e
i 19
A URE:.t...T.DR I V L I C 1= E __.._.,_.._ . -- µ._... ,,.. _.yS y _. _ 61 „6 -. 5 6 530 11
21.
5011 541400 10/31/89 MINN. STATE TREASURER MTR VEH LIC FEES 14,609.00
22_
14 23
24
501
f
880700 10/31/89 TROWBR I DGE , RONALD AMD 912b39 i 68,a DD 168.00 26
77 Jr- ir00 C..OXT R ACT _ .P.Yl4 w-:. -_ _.._,... __...: _ - — _ ___Y . -;_ y _..y _ g r .
27
28'.
I
REPAIR MT CE UT I L.378 .5th 456.06
29
30
rr-- -- fir .-io.A i T R— g -.O G _ _or
31
TELEPHONE 3 • 37 33'
R
TELEPHONE 90.i 35'
T E L E P H t..., N L 36
TELEPHONE 13.5
37 '
38
TELEPHONE 39
41
2476 020050 11/13/89 ADVANCE CORPORATION SUPPLIES OFFICE 37. 70
42
43
24TT 021200 11/13/89 AMERICAN FASTENER SUPPLIES VEH 73.73
45
73.73 46
471
48
49
I 2479 030400 11/13/89 ANDERSON, CAROLE TRAVEL TRAIN 193.6
5
51
1VEHICL- E. A L L... W _ ....... _ .._.._..........___ _..._......_. _W.__ ._. ,r;3 _..._. __.. _.._._. _ _.__52226 ..
I 53
54
2480 030479 11/13/89 ANDERSEN, KAREN PROGRAM REGISTRATION 14.00 14.00 55
2481 031450 11/13/89 AQUARIUS HEATING PLUMBING 07 HER CONS'T COSTS 100.0 1.00.00 57'
59
M -E D I..G A.L..... I ND U ST .R..I.E S _. ....S U P P LL I E E ..E-Q.0 I .F' M.E. N T ---- . . ... . .......... ........ - .- ._.__.._._._.__.1 9 _ ._. __.7- ,.-9 -5 60 ''
611
2453 040915 11/13/89 ARNALS AUTO SERVICE REP S. MT'CE: VHEo 58.95
62
63
64
REPAIR VEHICLE 77.92 s5
fib
REPAIR VEHICLE 50.30 67
R E:. P. A ..1 R . V E H I .0 LE _...... . ....... ... _ . _......- . -. _ . -- -.... _ ..._ . . ....... _....__......31. ,. 0 ...._...__.68
REPAIR VEHICLE 139.35
69
70
REPAIR VEHICLE 114.35 71
REF'A :t. _ _ __..__._- ._- . —.__. _- ..- _._._.___- .___...__ _ _._.. __._....__.._._._ _.y _ ____ ______ - - -
72
REPAIR VEHICLE 381.81 2, 633.20
73
74
2424 0F00 ! = ,1j ii 11 ?i,=s A, 'T'_N7 =f ht_ 1rl €4iU C1UF'1 €':n €i7!t[',
VOUC:HREG CITY OF MAPLE:WOOD PAGE U
U- ,w;../ - ..... _.._fit. U U i.: H E R I C l # E G EREGISTER
FOR PERIOD 10
2
3
4 CHECK VENDOR CHLC:K VENDOR ITEM I T#: M CHECK5NUMBERNUMBERDATENAMEDESCRIPTIONAMOUNTAMOUNT6
455 061000 11 / 13lS'RANI CK, JOHN PROGRAM SUPPLIES 35.00 35 .00B
9 .—
2 65
t0
LEGAL & FISCAL 251 .60 i11r_LEGAL & FISCAL r60 . 00 1
12
13
LEGAL . & FISCAL 40.00
1a
LEGAL FISCAL 130.00 y15
16
C
s v£
i
1ifLEGAL. : FISCAL 30.00
17 LEGAL FISCAL 104.
18,
19
2487
21
061405 11 /13/89 BARG.HINI PAULINE PROGRAM REG FEES
i
18,00
22 2488 061 900 11/13/89 BAI TERY TIRE WAREHOUSE SUPPLIES VEHICLE 149.96
123 SUPPLIES VEHICLE 3.56
25
SUPPLIES VEHICLE.1.426
27 1 1. 413 GfUN COMPAN-TES V i- -lam . '---fir iF S 5r- -
2a
29 2-080300 11/13/89 BLACF S PHOTOGRAPHY FEES FOR SERVICE 4.49
30
T n..__., .,.. .._......_..,..._...,......, . -._ ._._ . ..r. _ .. _....._ ,....O.T.HE -R_ CONST- COSTS
31
FEES FOR SERV 8.00
32
LEGAL & FISCAL 31
33
A F I S C A 2A `
34
SUPPLIES OFFICE 21.41
35 PROGRAM SUPPLIES 6 .49
36
37 2491 08032 11 / 13 /89 BLACKSTONE, GA VEHICLE ALLOWANC 14,30
38
TRAVEL TRAINING 154.50 168.80
39
40 2492 080900 11/13/89 BOARD OF WATER COMMISSIONERS UTIL 1 CORDD - TT . 2S
41
UTIL 190 CORDB 22.92
42
UTIL 1685 GERVAIS 13.20
44
UTIL 1845 PROSP 14.25 i
3 - 72
46
OTHER CONST COSTS 555,32
47
OTHER CONSTRUCTION 21378.84as
0 T N E R_.. CON 'E T'. _...
50
OTHER CONST COSTS T,4.a7,11134.5
51 n HL- J-GHm _F'- cl'sG RANI - .1,1R I -ES 5 4
52 I
53 '-'494
5a `»
0813OO 11/13 CEO YER TRUCK PARTS'SUPPLI VEHICLE 31 . . 31 .
55 090550 11/13/89 BRAD RAGAN, INC.SUPPLIES VEHICL 925.8 925.545
IE:.R,_.DCJNtA_PR REG15. --
VOUCHREG CITY OF MAPLEWOOD PAGE 7
FOR PERIOD 10
CHECK VENDOR CHECK VENDOR ITEM ITEM CHECK
NUMBER NUMBER DATE NAME DESCR IP - r ION AMOUNT AMOUNT
249 091402 11/13/89 BROCK WHITE MAINT MATERIAL 113.90 113 .90
4- ' -.__.10 • .0.x..._- .___.111 1 / .DU I1tEfiS 1.1ARE _P .- .. F . PMT= * _....__._...__._.. -- ._...._ .__`._SUP LIE _QUI . 11 r _.. -.. - - -.W_1 _ , 3 .1 _ a
i
2499 110425 11/13/8 CAPITOL SUPPLY CO.MAINT MATERIAL 87.13 87.13
2500 131100 11/13/89 CHIPPEWA SPRINGS FEES FOR SERVICE 86o2T 86sZ7
C.L..A.RK -•DCA--RDN -AN _LTD,--, _SIJ-D & MEMDERSH -1P _... - - - _,_ _._...__ __.._.._....._.D.._,._., _.._.__.__.._...._..._.M _...._ ......._.._....
i SUCH & MEMBERSHIP 50.25 94.
2503 150900 11/13/89 COMM OF TRANSPORTATION REPAIR .& MAINT /E 105.18
0 U T S I - D L E N
2504 152300 11/13/89 COPY DUPLICATING PROD.DUPLICATING COSTS 310.78 310.78
c565 AS 4 a011/13/89 COPY EQUI INC.OTHER IMPRClV'EMP`NTS 44940
OTHER IMPR i .-40-
I
W.__ _ir__... -.4. w.._....._...._...._...OTHER I I P' k. to .V E 1+- F -T'W_W
250 152500 11/1 CORPORATE RISK MANAGERS, INC.FEES FOR SERVICE 155.00 155.00
2507 170 11 CURRE: COMPUTER CENTERS SUPPL E`S -OFFICE 54 .43 54.4 8
80 0 -----SUPPL I ES - J A -fit ITO- R- I-AL 4 46, -. 0'
SUPPLIES JANITOR 4.76 150.05
2509
2510
2 511
1 A0900
181800
200300
1 1 11 3 189
11/13/89
11/13/89
DAI Ev- -- P -AT - --
DAV I ES WATER EQUIPMENT
DICTAPHONE
F gR - SERV
REPAIR MAINT
REPAIR MAIN*r /E
140.50
85.10
140.80
85.80
i 7 1 r' 7A 24 9
2513 230900 11/13/89 EASTMAN KODAK COMPANY DUPLICATING COSTS 78.30
D -UPI. I CAI ,I NG.. C U.S•T S .._._ ............, .... __.
DUPLICATING COSTS 344.40
DUPLICATING; COSTS 219.21
D U -' L !- C-AT . I - N- O_G0- S -f-S-
DUPL ICAT I NG COSTS 391 .45
2514 231650 11/13/89 EGG14EAD SOFTWARE
DUPLICATING COSTS
SUPPLIES OFFICE
328.8
12.00-
SUPPLIES OFFICE 115.00
S P P L ES-_--GFF.j
SUPPLIES OFFICE 115.00
r
SUPPLIES OFF 115.00 448.00
i
31
REPAIR MAINT VEHICLE 19 00 464..87
i
J2
33 T RE C M PA Wic-- _- _ - R E P A44Z--- 4-- -#A• -1• NT i v-- .
34
523 310500 11/13/39 GOPHER BEARING CO. SUPPLIES VEHICLE 124.60 124.6036
a 37 2524 310715 11/13/89 GOPHER STATE -ONE CALL, INC . I=EEE FOR SVC 50.003a 5p,G0
39 f. nsnVERNMENT
40
4
2526 32ozoo 11/13/89 GRACE, DUANE FEES FOR SVC 543.00
43
FEE FOR SVC 144
FEES F SVC 776..25 2,45
as
2527 3ZO300 11/13/89 GREEN h1ONA PROG REC FEES
a 1Z.00 12.00
r `ar,;,.,5. , , , / - _... , , lr' - ht. -- . q.. .N A N :. _.. , q j T' ._. _ ... ,_..... ... r ,y+ '' ` _ . _H 17. .. ..... _.... " Lrf'1 itL.. R... ....A. ..... ... .. ...... ... .. .. .... ._ ... .. ... -... ... .. ... .... .. - .. -..... _ .. .. .. .'.. .. _, _. .. ..r __ _ _' _ - - _ -._..
50 PROGRAM SUPPLIES 19`. 47.31
51
53
FEES FOR SERVICE 57 . 3z
54 FEE FOR SERVICE 23.66
y 56
FEES FOR SERVICE
FEES FOR SERVICE 57.3
a
57 FEES FOR SERV 14.,a, . 3
F- E E•S .. F• OR ....,5E ' {' I C ._ _ .._.. _ _..._.._ «w - -- - ' _ _ ,......_ _ _ ., -•-4 4-.'- '4 --; 14
y Vf1UCH CC I _ f Y OF MAPL EWOOD PPAGE G
V 0 U .: l-1 E. R / CC: ii E CK f E G I a T.E Fi
F PPE 10
3 It 13 11 CHE.rxl II
4 CCHECK VVENDOR CCHL.C:K VVENDOR IITEM IITEM CCHECK
NUMBER NNUMBER DDATE NNAME DDESCRIPTION AAMOUNT AMOUNT
i 66
2515 224 111/13/89 FFAUST, DANIEL TTRAVEL TRAINING
VVEHICLE ALLOWANCE 888.09 3301.909
10 22516 2260650 111/13/89 FF I ANDACA, BEATRICE PPROGRAM REG FEES 118.00 18 .00 .
s
11
S 112 iiJ - /- # + ia _y _. _..
tai c - i.. - _ _., tip` . _ .. , . A_ hh / ..._ F •' _ • ``` i .. PP + 1 S { r rr ... - _ _ FF
s P
13
PUBLISHING 444.00 1175050
14
k 115 jj _
22519 3302400 111 /13/89 GGEOTECHNT CAL ENGI NLERI NG OOUT3IDL: ENG F=EES 1111a
4. R -' l"t t VIA L E N T--
ro 22520 3342600 111/1 GGLADSTONE LUMBER MART. SSUPP'LIE'S JANITOR 224.95
21
40,
22
MMAINT MATERIAL 1
i74 4
373.75
24 'r 1, - I- + / • - U T l'{ Gtr t k' A I _. _ ..._.. _,.... _ _ki E P - ' 1 . _ _ T_ -
25
RREPAIR VEHICLE
REPAIR MAINT VEH.x.54
R
27
RUS
28
RREPAIR MAINT _7.50
REPAIR MAINT VEH. 2216.9230
A h R' MAINT _ _
VOUCHREG
5
CITY O MAPLEWOOD F`AE 9 1
02 -1 : - L Z r_ __ ._ _ _ - - 1b HE R /G'# I E C ..I T€ ___ ._.8
FOR PLRIOD 10
W., ._ w:... , . ,_..,.
w_..._..
3
CHECK VENDOR CHECK V E N D O R ITEM _I T E M 5
G H E G K
NUMBER NUMBER DATE NAME DESCRIPT AMOUNT
6
AMOU 7
8
2530 341 11/13/99 HENSL PATRICIA TRA TRA 3.40
VEHICLE ALLOWANCE 6.50
i0
9190 1
25:31 351340 11/13 /89 HORSNELL , JUDITH VEHICLE ALLOWANCE 20 • 1 2 1a
PROGRAM SUPPLIES 5.71 25-83 ,5
2532 551500 11/13/89 HOTEL SAVERY TRAVEL TRAINING 151,04 18
19
3 - 2 -0- t1- f- / -1 / ----- U U i E tit i1 t A- _.__ :.... _.. __:..- - - - __1 - _ .P' R O Gt A -M R E C I T A T I !w _ _ ___ .:4 _ _ ._.: _ Wy . _.. y Y . u . _ ._g # . _0. # _ _ _ 20
21
2534 390100 11/13/89 INDEPENDENT SCHOOL DIET. #6ZZ PUBLISHING 150.00
22
23
SuF*L 2 4
PUBLISHING 150.00 25
450w017 26,
7jRj.- ... ... .._. _.- ._._..s-U-PP L I--E- -- - - - - -V ` ,j Y . >..- _._.._u _ _- - wr° .r . ! , _
28
29
2536 400750 11/13/59 JAGOE, CAROL ANN TRAVEL & TRAIN 2.45
30
2.45 31
253 4t"Ii5 t7`1 /13'!$9 JOHN! 1I SELLS & ASSOCIATES, INC SUPPLIES JANITORIAL St.7 34
35
19 PROGRAM--- S U P F L _I: E S ,
2539 410250 11/13/59 K MART PROGRAM SUPPLIES 60.10
38
60.10 39
40
254 410420 11 / 13/89 KELL ELECTRIC INC.REPAIR & MA / B 1 , 105.0 42
REPAIR MAINT 140.00 43
REPA -t R ---J.. . A_.__.._.. _....._..__... ..._._ w.. _.. ._ 7- 15- -- OW.:_..._.,.. ._..r...r...._.:.........
14
L ...:..... u.... ._......_.w._.._..._..___._.. •
LAND IMPROVEMENT 1
45
4 496 .00 46
tA s ---,t O kl ,J - -'L l hi AlG - DE~F P A y--
47
48
2542 420110 11/13/59 KIRKWOOD CIVIC CENTER HOTEL TRAVEL & TRAIN 345.15
49
50
345.15 51
2543 430300 11/13/89 KNOWLAN' S PROGRAM SUPPLIES 11.22 54
PROGRAM SUPPLIES 5.3 16. 55
56
2544 4-SO400 11/0/89 KNOY COMMERCIAL CREDIT MAINTENANCE MATERIAL 175.90 175. 58
SON ._._R.l.1BL•' IS.H S Eta V.I C E F E:.5 r F Ufa S.E RU I CE--..35:3.7 0
59
60
6,
2546 430535 11/13/89 KOCH, CARL PROGRAM REG F EES 36.00
62
36.00 63
64
2547 440374 11/13/89 KURALLE, DONNA PROGRAM REGISTRATION PEES 12.00 12.00 65
66
450800-1.1 -- /...13/59.._...L- ArKEL.AN_D._- F_UR.O _ ....... ..........__._ ...._._ . _.SLIPPLI ES VEHICLE . ...... _.. -._59.- 3 .4..__....._.._.._.........
67
68
SUPPLI VEH a t; LE 2 .80 152.14 70
Z549 6 0 5 2 0 LF-A-G.U.E- - - -0 F -. -M N- .__,G -1 T..L E 3.. - - - - -- _ . _ _.. _ - _ . _ ...f .
71
2550 460605 11/13/8 LEEWARDS PROGRAM SUPPLIES 12 . 50
74
12 .50 171 ,
j,,'VOUCHREG
t
CITY OF MAPLEW+_OD
2
i
I
PAGE 10
3
4 CHECK
5
6
NUMBER
7 2551
8
y
10
I12 F r•
2554
13
14
t5
16
17i
2555
tg
y
r.. Es 16
Z557
1UNIFORMS30.00 134
UNIFORMS 30 .00 35 1
UNIFORMS 50.00 i
UNIFORMS 50.00 i3e
UNIFORMS 42.00 4:30 ;00 40 !
43; 1
A- 1I -- GL A E''. _- _ - -a1J 13- -- +4Ic & t - - - - --- -- - 44
2559 5511130 111/13/89
CITY OF MAPLEW+_OD
PROGRAM REGISTRATION 1
i
I
PAGE 10
15.00
VOUCHER/ REGISTER _n
15.00
5b
FOR PERI 10
VENDOR ITEM
TRAVEL & TRAINING 550.74
VENDOR CHECK ITEM CHEC:F
5
6NUMBERDATENAMEDESCRIPTIONAMOUNTAMOUNT
47.0700 11./13/89 LILLIE SUBURBAN NEWSPAPERS PUBL.ISHIN6 915.80 915.50
TRAVEL & TRAINING 550.70
1
IZ5-
50.70
136
T- •A- V.E.:::....._&... _T- t-A•I At- p1- - - -._. _._._._..._._._ ..._.___. .g- - .",--- ---- --
SUPPLIES VEHICLE 136.65 273.30 4i I
5tu,: t- 'M_ -I- / /.1' D",......,,,I.E.E.L: ....,._..._ ......_._._._ ..... .... _MA INTENAN'GE..MA. % -1 AL __......_._._.._........_...1.99 -, 86
r.. ,
r500675 11 /13/89 M.R. P.A.FEES FOR SVC r399 .50 399.50 JJ`,
500500 11/13/89 M.T.I. DISTRIBUTING CO.EQUIPMENT PURCHASES 4 4
i<
i 1 -1 /. .13/x?- `:x........t A 1E•... I- ..L.. .. „!„1i,,,I= .............. ... .....r Fi:i JPRrR'A -M' SUP ( l.fP F . P- .t...
T
c
510525 11/13/89 MAPLEWOOD .SCREENPRI NT UNIF 33.60
33 - .40 -
UNIFORMS 33.60
UNIFO 33.60
1UNIFORMS30.00 134
UNIFORMS 30 .00 35 1
UNIFORMS 50.00 i
UNIFORMS 50.00 i3e
UNIFORMS 42.00 4:30 ;00 40 !
43; 1
A- 1I -- GL A E''. _- _ - -a1J 13- -- +4Ic & t - - - - --- -- - 44
2559 5 511130 1 11/13/89 MARSH, DE.LORES P PROGRAM REGISTRATION 118.00 15.00
2560 5511714 111113/89 MMATTSGN, MARION PPROG REGIS PEES 11$,40 115.00
5b
TRAVEL & TRAINING 550.74
TRAVEL & TRAINING 1101.40
T- R A'V E L'- & JRAINING _5.:4..,..7.0.. ._ ............ - -
TRAVEL & TRAINING 550.70
TRAVEL & TRAINING 550.70
T- •A- V.E.:::....._&... _T- t-A•I At- p1- - - -._. _._._._..._._._ ..._.___. .g- - .",--- ---- --
2562 5530450 111/13/89 MMEMOREX TELEX; CORPO EEQUIPMENT OTHER 11
r.. ,TT E L E _ _156 7 . _ _T , .
VOUCHREG CITY OF MAPLEWOOD PAGE 11
FOR PERIOD 10
41 CHECK VENDOR CHLCK VENDOR I TEM ITEM CHECK
5
NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7
9
2 5 6 *7 531950 1/13/89 MEYVRS, PETRA VEHICLE ALLOWANCE 33.48 33 4' 8' 10
2569 540875 11/13/89 MINN. DEPT.OF PUBLIC SAFETY TRAVEL TRAIN 315,00 315.00* 15
1 16
TO 541925 11/13/89 MINNESOTA CELLULAR SUPPLIES EQUIPMENT 55. 00
17
TELEPHONE 5.70 60.70 19
1
1 2571 561050 11/13/89 MN U.C. FUND UNEMPLOYMENT COMP
21
735.33 22
OTHER 02 735.35 23
18 24
2.
i
22 29
30
23 2574 570500 11/13/89 MOTOROLA, INC EQUIPMENT OTHER 1 31
25 777777`:77
SUPPLIES—EQUIPMENT 198 34
126
127
SUPPLIES EQUIP 140600 Zor 04400 35
36
281 2575 630040 11/13/89 N.R.P.All SUBSCRip*rIONS & MEMBERSHIPS
37
250.00 38
29 SUBSCRIPTIONS & MEMBERSHIPS 105.00 355.00 39
30 40
32
7-51 68 10 111 69'NAPA AUTObPARTS MAINT MATERIAL 141 .90 41,90 42
133
43
44
REPAIR MAIN'r/E 16.50 46
351 REPAIR MAINT/E 16.50 41
50
138 REPAIR MAINT/E 16.50 51
i4
11 REPAIR MAINT/E
53
16.50 132.00 54
43 57
21,579 640805 11/13/89 NELSONS AUTO SERVICE REPAIR MAINT/V 43.90 43.90 59
4 51 60
46 2_580 660800 11/13/89 NORTH ST. PAUL CITY OF UT I L
61
176.60 62
47 UTILiTIES IZ8.10 63
49 65
50 25 a I A-61105 11/13/89 NORTH STAR TURF, INC.MAINT MATERIAL 1TO.20 178.20 67
51 68
12
53
2582 661107 11/13/89 NORTH STAR WATERWORKS PRODUCTS MAINTENANCE MATERIAL.
69
2 1 812 0 21.zo 70
71
5511
73
2584 662600 11/13/89 NORWEST INVESTMENTS SERVICES IN7EREST PAYMEENTS
74
5 5 75
o*soK vsmoon nnLom vEwoon xTEm zTLm CHECK
wumaEm wumaEn DATE wAms osSonzpTzow xmnumr AmouwT
2585 680600 11/13/89 oCropus CAR wAo* REp^zn mA/mr VEHICLE 13.84
nspxzn mAzmT vE*zcLs 179.*2 _
npxmm
nEpxzn mxzmT vs*zoLs Zo.re
nEpAzo mAzwr ve*zcLE 6.92
Ln
vouc czv u mxpw000 PAGE 12 l
RcazorE:- — -- --- — -------- -- ----------
FOR pEnzoo 10 n22
2593 711345 11/13/89 PETERSON &JENSEN
REPAIR MAINT VEHICLE 6.92
221.88 1461
REPAIR MAINT VEHICLE 6.92
REPAIR MAINT VEHICLE 6.92
REPAIR MAINT VEHICLE 13.84 332.16
2586 690450 11/13/89 OLSON SANDRA K.TRAVEL TRAIN 3.70
133.33 i541,2595 721300 11/13/89 PROFESSIONAL PROCESS
VEHICLE ALLOWANCE,3.38
2587 691400 11/13/89 ORR, SCHELEN, MAYERON ASSOC.FEES CONSULTING 3 3,239.30
Z598 741300 11/13/89 RAMSEY CLINIC FEES FOR SERVICE 46.00 46.00 b3l
2590 710200 11/13/89 PECK DENNIS TRAVEL TRAINING 7.37 7.37
2599 741700 11/13/89 RAMSEY COUNTY OUISIDE ENGINEERING 65,63 65.63 66
2592 710$00 11/13/89 PET CONNECTION PROGRAM SUPPLIES 14.23 14.23,
Ln
vouc czv u mxpw000 PAGE 12 l
RcazorE:- — -- --- — -------- -- ----------
FOR pEnzoo 10 n22
2593 711345 11/13/89 PETERSON &JENSEN FEES FOR SVC 221-88 221.88 1461
FEES FOR SERVICE 5.10
FEES FOR SERVICE 4.45 14-65
FEES FOR SERVICE 133.33 133.33 i541,2595 721300 11/13/89 PROFESSIONAL PROCESS
LAND IMPROVEMENT Z 3
Z598 741300 11/13/89 RAMSEY CLINIC FEES FOR SERVICE 46.00 46.00 b3l
2599 741700 11/13/89 RAMSEY COUNTY OUISIDE ENGINEERING 65,63 65.63 66
SUPPLIES EQUIP Z81.00 381.50 70
260Z 761200 11/13/89 ROAD RESCUE SUPPLIES EQUIPMENI 69.99
6'17
i
i Cy____.,.. .+... 1 .. :, _ _ '.rrrin T .w !flmrt?! *1 ! °++!nt^ +R•- yT^miJ..
V OUC:HREG CITY OF MAPI. EWOOD
1442-0- PAGE 13 0
1! t t4,.11ER1 GliE QK IMF
2i FOR PERIOD 10
3
41 _ ....................._. _ . _ .._....... _.__ ._.__....................._ . ....___ _..._.. _
VENDORiiCHECK CHI:.Ck: VENDOR ITEM ITEM CHEC:I,:
5
i NUMBER NUMBER DATE NAME 6DESCRIPTIONION 0AMOUNTAMOUNT
a260376205011/13/89 ROSLDALE CHEV SuF'PLzES VEHI _ . ? 9
X61 ,.. SU
2.604.._.- ..7Z23 GO. .. _:.1,1/13189 ROYAL DOWNS FEES-FOR SERVICE _ _1. 4.5 • +
FEES FOR SVC t45.00
SASPROGRAMS45.00 0 1 i1 I 1 2 Y ! ir,
2605 TT09 11 / 13/89 RYDER TRANSPORTATION OUTSIDE RENT EQUIPUI 494.45 18OUTSIDERENT - EQUIP 40.00 n . 5 i97,4
Z606 750050 11/13/89 S& LAND CLEARING OT C:ONST COSTS 2i4,'00 .00 4 ,
r 0 7 "3 , 0 _._ , r , lP3F-F -C A M A A A 1= 1241
5i0379002511/13/89 SCHADT J EANNE 1261sVEHICLEALLOWANCE773TS2 ,
3 1
32 SUPPLIES OFFICE 88 .44
1:3 31 SUPPLIES OFFI 4'
S U P P L I E S _ ._ __1.. 4 ,Q F. -::.L C E - 1..1..
1351 SUPPLIES OFFICE 2.30
SUPPLIES OF'f=ICE 2.30
lam -P - _ - --.• -
t! SUPPLIES OFFICE 17.161SUPPLIESOFFICE3.4 394060
2613 540400 11/13/89 ST . PAUL CITY OF FEES; FOR SERVICE 4Z
2- 4 r' P'T'T f {r' l.I l .G _G Fl J. .: A I a----- - - -_-- -- - ---, -- --- 'Aa
4s
2015 543200 1 1 f 13/89' STE:FFEN, SCOTT PROGRAM SUPPLIES t1[ ' 35 .0 0 35 .00
47, 2616 343400 11/13/89+ STILL, VERNON T. TRAVEL TRAINING 12.26 12.4
48
261 8
4v --
CA -PMI: Ia- __ _ _ - -- _ ._.._ ... F' P d C- R l+4 R E C --F ,o. _- ---- _ _ _ _ __ ^ _1;.: ,r 0 a - _ _ _AQ AA
50 2618 851'575 1 1 / 1 j /S'3 SYSTEMS SUPPLY INC., Ss , , SUPPLIE OFFICE 1.88
521 __....._ . _ ._ ... .. _ ...U P P Ia r E S 0 F F I C E
1531 SUPPLIES OFFICE 1.87
541 SUPPLIES OFFICE 1 .E7
U ' P L -I E _.. 4jF.t =. I CE - ------ __... q 75 w v
2619 860100 11/13 T. J. AUTO PARTS SUPPLIES VEHICLE 114.86 114.8
67
68
69
70
71
72
73
74
7`' '
t6
c-
t 790050 1 1 / 13/59 SCHI CK, KIMBERLY PROGRAM 7.00 FW '29
zs
7.00 30,
qrkii
1 1 32
2611 800400 11/13/89 SEVEN CORNERS ACE HARDWARE SUPPLIES EQUIPMENT r 'r/6 7 . 10 67.
33
3a
35
2612 831600 11/13/89 SPS OFFICE PRODUCTS SUPPLIES OFFICE 5.01
36
37
SUP'P'LIES OFFICE
c (J F' o i I vo , F-k-
7.20-39
3 1
32 SUPPLIES OFFICE 88 .44
1:3 31 SUPPLIES OFFI 4'
S U P P L I E S _ ._ __1.. 4 ,Q F. -::.L C E - 1..1..
1351 SUPPLIES OFFICE 2.30
SUPPLIES OF'f=ICE 2.30
lam -P - _ - --.• -
t! SUPPLIES OFFICE 17.161SUPPLIESOFFICE3.4 394060
2613 540400 11/13/89 ST . PAUL CITY OF FEES; FOR SERVICE 4Z
2- 4 r' P'T'T f {r' l.I l .G _G Fl J. .: A I a----- - - -_-- -- - ---, -- --- 'Aa
4s
2015 543200 1 1 f 13/89' STE:FFEN, SCOTT PROGRAM SUPPLIES t1[ ' 35 .0 0 35 .00
47, 2616 343400 11/13/89+ STILL, VERNON T. TRAVEL TRAINING 12.26 12.4
48
261 8
4v --
CA -PMI: Ia- __ _ _ - -- _ ._.._ ... F' P d C- R l+4 R E C --F ,o. _- ---- _ _ _ _ __ ^ _1;.: ,r 0 a - _ _ _AQ AA
50 2618 851'575 1 1 / 1 j /S'3 SYSTEMS SUPPLY INC., Ss , , SUPPLIE OFFICE 1.88
521 __....._ . _ ._ ... .. _ ...U P P Ia r E S 0 F F I C E
1531 SUPPLIES OFFICE 1.87
541 SUPPLIES OFFICE 1 .E7
U ' P L -I E _.. 4jF.t =. I CE - ------ __... q 75 w v
2619 860100 11/13 T. J. AUTO PARTS SUPPLIES VEHICLE 114.86 114.8
67
68
69
70
71
72
73
74
7`' '
t6
i
VOUCi -iREG CITY OF MAF'LEWiJ%D PAGE 14
6 - ,, :- •- - V U L R429 ----- _1 -4.. Z _ -.. _ - .._......_._ ._ _. __..._ _.. _... I C E I / t i- . G I H E a w T
FOR PERIOD 10
2
4 CHECK VENDOR CHLCK VENDOR ITEM ITEM CHECK:
5 NUMBER NUMBER DATE NAME
6
DESCRIPTION AMOUNT AMOUNT.
7 2620 860125 11/13/89 T.A. 3CHIFSKY SONS, INC MAINT MATERIAL 3
8 MAINTENANCE MATERIAL 3,464.11
10
11
T€ -lANC --AAA T- c 1 . a
MAINTENANCE MATERIAL
S3D-
130.40 7, 5OO.91
26` -- -4: 7: t '- __,1_ I...1.,_T_ .. ,.., . , _.....kl L T .: _..... _....A M . F„• . . _. _._.._ _.._ ......._
13
14
UNIFORMS CLOTH 92 . 10 145 .95
16
11 7 t• C
t7 Z623 860650 11/13/89 TARGET STORES SUPPLIES OFFICE 16.78
fi
19 SUPPLIES OFFICE 35.41 l
20 SUPPLIES OFFICE 51.31
1 _
22 SUPPLIES EQUIPMENT 19.96
23 SUPPLIES EQU I PMLNT 195.99
24
25
26
SUPPLIES OFFICE 35 .98 533.
27 AWK nib! r R -JR MA 114T VEM.7.C! C _-
28 SALES TAX 8.49-260.66
29
30 - - - -4 _. ? - /qtr =' '• 9 - T- GLL- -- . -GC MP -AN . T_._ _ . ,.._,.. __._m _..._.. _..._ ..i4 A.1144T . t A T: L.f .:L AL - _ - -- - . - - -.. _ . - -1 -# `•'
31 SMAL1. TOOl..B`131. $+D 232.
32
33 :.
34
35 2627 88 100 11/13/89 TURNQUI S PAPER CO.
36
SUPPLIES JANITORIAL 158 .29 158.29
37 2623 831500 11/13/89 TWIN CITY FILTER SERVICE SUPPLIES JANITORIAL 65.30 65.30
38
39 V1,r _ T - j l P pt.+`.7._UP- P...-I--E+C -- -E-4Ul R M LN - _ -._ .4 165
40
41 2630 890200 11/13/89 U 8 WEST CELLULAR INC TELEPHONE Z1 .86 f421
43
T E L E P H 0 N E
I
44 2631 390980 11/13/89 U.S. WEST COMMUNICATIONS 1 , 561 .3t
45 T - ELEPHHONE
46 TELEPHONE 50 •86
47 TELEPHONE 51 .36
48
m. _ . _ _ _... _... _... __ ._ _._._.. - ..__ .......... ...._ _.._..... _.....__ .., ..... ............. _... .
r.
49 TELEPHONE 967.46
50 TELEPHONE 48 .06
52 TELEPHONE 43.66
53 TELEPHONE;,48. 66
54
55 T ELEPHONL 43 .6
56 TELEPHONE 90.37
57 9
VOUCHREG
11 • fs
CITE'
it j /f
OF MAP 'LEI OOD
u
WAGE t r
FO PERIOD 10
3
CHECK VENDOR CHLCK VEND ITEM ITEM CHECK 6
NUMBER NUMBER DATE NAME DESCRIPTION AMOUNT AMOUNT 7
TELEPHONE:,9i . 37 s
TELEPHONE 69.76
y._....r..._
TELEPHONE 90.4
TELEPHONE 65.34 1
TELEPHONE 1 2.77
17
TELEPHONE 53.90
TELEPHONE 50. a 1 2
TELEPHONE 19.54 23
TELEPHONE 110415 4 2f
2,- -- ..9 n0 i00 UN-I-P' OR* tx't S- _16
UNIFORMS CLOTHING 97.98 3030
UNIFORMS 229.95 31
UNIFORMS 185.18
33
34
U 21 . 55 35
2633 900185 11/13/89 UNITED SISTERS OF CROSS LUTHER PROGRAM KEG FEES 108.00 108.00 38
1
2635 911300 11/1:x/89
VAS KO R L1L l . H- T3E1y1 OM A t... -_--
VIErOR, LORRAINE
F E : - -F -0- ._ --B ERG I C E
TRAVEL TRAIN 3.T5
39
40
42
3675 431
f2636912 150 11/13/89 VI SU -SEWER CLEAN SEAL,INC.t . _. . _ . ..... _ _ __ ..FEE FOR SERVICE
w .__. - _...._..._...... -, w.,_......._.__ ..._..._.._....W...._....__..
29807.97
451
4
WITHER CONST COSTS 1,282.50 4, 090.47 47!
2637 940500 11/13/89 WEBER- TROSETH INC.PROGRAM SUPPLIES 78.1 78.14
WEB I-N G E R-, SANDRA_- _PROGRAM R E G I S T R A rl.0 N_ - _... _. ..... -._..__.._
r 3
2639 940555 11/13/89 WE I LAND , ELI,. ABET H VEHICLE ALLOWANCE 8 .58
541
8.58 55
56
264 940700j
1
11/13/89 WESCO SUPP JANITORIAL 60.00 60.00 57,
59
PERFECT. . C O R P .. -5.0 UPDATE U L S C R I P "f I.O N ` . _. _.. _.... _ _. _ ..._... .0 0 ....- ._ .._ _ . _._ _.__......__...._So
i SUB 2. 00
61
62
SUBSCRIPT' IONS 2.00 63
64
SUBSCRIPTIONS r
w r J .6666
SUBSCRIPTI 2 .00 67
SUBSCRIPTIONS _ . -.. _ .. _ _.2 , -r3.0_ _ .6$
SUBSCRIPTIONS 2 . 0 16.00
69
70
EROY- CORP.,___ - ...__...._.._ .... -...UUF_L.1- C:A'T'aNU . Gi:a,,+_r..S _ ------ - - - ._._._. -- -.__.. -5
71
72
DUPL ICAT ING COSTS 8.74
73
741DUPLICATINC25. 68 751
1) 1 1 P I T f` d T T hI T• f' fi Q T Q'.A Cl F •,i761
VOUCHREG F' MAFLENC -PAGE 16 I
VOUCHER/CHECK
FOR PERIOD 1u
r
I
i
CHECK VENDOR CHECK VENDuR I TE:I I7EM CHECK
J
NUMBER NUMBER DATE NAME DESCRIPTI AMOUNT AMOUNT
6
7I
DUPLICATING COSTS 25 , 68
b
ulDUPLICATINGCOSTS50.52 156.38
2643 970700 11 / 13/3 ' YOCUM OIL CO.INVENTORY OF SUPPLIES 12 12, X75 .Ou
i2
c; - t----------1 -• •------ %- F'---- t+A- E-AT k- I- i.._..A ` -_, ._..._........ _ ..._ 1.1F' F h.. L.E 3..._..1 A, N I 'i; -I l L......._... _.... ,........ _ _... _ __ ._._ _i,,.3 -. _1.- _ --. -- - - - . __.___
1,
tc ..
34
361
371
156 74
157 : 75
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 10/27/89
CHECK #12083 - CHECK #12242.
EMPLOYEE NAME GROSS PAY
GREAVU, JOHN 477.58.
ROSSBACH, GEORGE 399.42
BASTIAN, GARY 399.42
JOKER, FRANCES 399.42
ANDERSON, NORMAN 399.42
McGUIRE, MICHAEL A.2
BLACKSTONE, GAIL 1
WEILAND, ELIZABETH 1
ZAWACKI, KATHRYN 1
BEHM, LOIS N.11034.10
JAHN, DAVID J.822.97
SWANSON, LYLE 1
CODE, LARRY J.276.80
OSTER, ANDREA J.902.28
MIKISKA, WILLIAM 172.80
FAUST, DANIEL F.2,033.30
TAYLOR, LINDA 1,050.28
MATHEYS, ALANA K.1,083.88
VIGNALO, DELORES A.1
ANDERSON, CAROLE J.1,308.69
LA MOTTE, MARLENE 210.00
AURELIUS, LUCILLE E.1,878.90
SELVOG, BETTY D.442.00
SCHADT, JEANNE L.1
KELSEY, CONNIE L.539.17
VIETOR, LORRAINE S.981.59
HENSLEY, PATRICIA A.572.57
JAGOE, CAROL 732.68
CARLE,'JEANETTE E.1
OLSON,'SANDRA 537.87
RONGSTAD, CAROLEE 195.25
PALANK, MARY KAY 732.68
COLLINS, KENNETH V.2
RICHIE, CAROLE L.954.28
SVENDSEN, JOANNE M.1
NELSON, ROBERT D.1
FULLER, ELAINE 410.74
MARTINSON, CAROL F.936.68
STILL, VERNON T.1
SKALMAN, DONALD W.1
FRASER, JOHN 909.48
NELSON, CAROL M.1
MORELLI, RAYMOND J.1
STEFFEN, SCOTT L.1,579.53
ARNOLD, DAVID L.1
BANICK, JOHN J.1
BOHL, JOHN C.1
CAHANES, ANTHONY G.1
CLAUSON, DALE K.1
MOESCHTER, RICHARD M.1
ATCHISON, JOHN H.1
YOUNGREN, JOHN 1
PELTIER, WILLIAM F.1,617.49
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 10/27/89
CHECK #12083 - CHECK #12242
EMPLOYEE NAME GROSS PAY
SZCZEPANSKI, THOMAS J.1
WELCHLIN, CABOT V.1
LANG, RICHARD J.1
RAZSKAZOFF, DALE 1
HERBERT, MICHAEL J.1
DREGER, RICHARD C.1
STAFNE, GREGORY L.1
BECKER, RONALD D.1
HALWEG, KEVIN R.1
STOCKTON, DERRELL T.1
PAULOS, J R., PAUL G.1
BOWMAN, RICK A.1
RYAN, MICHAEL P.1,667.50
KARIS, FLINT D.1
HEINZ, STEPHEN J.1
GRAF, DAVID M.1
THOMALLA, DAVID J.1
PALMA, STEVEN T.462.01
VORWERK, ROBERT E.1
BERGERON, JOSEPH A.1
MEEHAN, JAMES 1
MELANDER, JON A.1
SAUNDERS, SARAH 783.58
EMBERTSON, JAMES M.1,538.10
WILLIAMS, DUANE J.1
RABINE, JANET L.1
STAHNKE, JULIE 1
BOYER, SCOTT K.1
WALDT, CYNTHIA 936.59,
FEHR, JOSEPH 1
NELSON, KAREN A.1;035.86
FLAUGHER, JAYME L.1,172.36
WEGWERTH, JUDITH A.502.73
HAIDER, KENNETH G.2,084.50
CHLEBECK, JUDY M.1
PRIEFER, WILLIAM 985.48
MEYER, GERALD W.1,211.70
KANE, MICHAEL R.1,342.28
NAGEL, BRYAN 1,006.12
LUTZ, DAVID P.1,139.40
KLAUSING, HENRY F.1,210.92
SCHMOOCK, JOHN 1,012.84
HELEY, RONALD J.1,174.44
OSWALD, ERICK D.1,104.04
FREBERG, RONALD L.1,167.72
CASS, WILLIAM C.1,704.68
ZACK, TODD 420.00
LINDBLOM, RANDY 1,195.56
ELIAS, JAMES G.1,580.13
PECK, DENNIS L.1,432.62
PRIEBE, WILLIAM 1,308.75
IRISH, BRUCE A.117719.89
GEISSLER, WALTER M.11382.69
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY RERIOD ENDING 10/27/89
CHECK #12083 - CHECK #12242
EMPLOYEE NAME GROSS PAY
METZ, TERRY 995.08
LOFGREN, JOHN R.959.32
ODEGARD, ROBERT D.1
BRENNER, LOIS J.1
KRUMMEL, BARBARA A.486.35
STAPLES, PAULINE 1
JONES, LUTHER 72.00
TRAVERS, DANIEL 99.00
ANDERSON, ROBERT S.1
LINDORFF, DENNIS P.1
GARRY, WILLIAM 992.68
HELEY, ROLAND B.1
MARUSKA, MARK A.1
SCHINDELDECKER, JAMES 818.28
LECOUNT, TERRY.360.00
SCHNEIDER, GREGORY 468.00
BURKE, MYLES R.1
SHELDON, LEO 70.00
MILLER, SHERRAL 112.50
DREGER, KARI 112.50
FORD, JENNIFER 42.00
MEYERS, PETRA 100.00
DONAHUE, SCOTT 108.50
RAHN, CARY 77.00
WARD, ROY G.406.40
TAUBMAN, DOUGLAS J.1
GREW- HAYMAN, JANET M.1,157.48
NELSON, JEAN 377.43
HORSNELL, JUDITH A.567.94
HUTCHINSON, ANN E.758.77
FISHER, LYNE 35.00
DOHERTY, KATHLEEN M.1
BARTA, MARIE L.954.28
OLSON, GEOFFREY W.1,878.90
SUNDGAARD, L.192.00
MISKELL, NANCY 328.59
LIVINGSTON, JOYCE L.543.86
ROBERTS, KENNETH 1,056.56
EKSTRAND, THOMAS G.1
BERNIER, SHAWN 270.00
OSTROM, MARJORIE 1
CARVER, NICHOLAS N.1,187.88
LOFGREN, ROSANNE 31.50
WENGER, ROBERT J.1
LA CASSE, TELLY 105.00
LA CASSE, CASEY 168.00
NADEAU, EDWARD A.1,232.33
MULWEE, GEORGE W.1,152.68
NUTESON, LAVERNE S.1
BREHEIM, ROGER W.1
EDSON, DAVID B.1
GERMAIN, DAVE 1
MULVANEY, DENNIS M.11288.68
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 10/27/89CHECK #12083 - CHECK #12242
EMPLOYEE NAME GROSS PAY
SPREIGL, GEORGE C. 11167.8867.88
172,862.99
PAYROLL DEDUCTIONS
ICMA RETIREMENT TRUST -457 $ 7CITY & COUNTY EMP CR UNION 25,143.00AFSCME2725491.36MNMUTUALLIFEINS19 -3988 160.00METROSUPERVISORYASSOC18.00MNSTATERETIREMENTSYSTEM191.00MNBENEFITASSOCIATION505.41RAMSEYCOUNTYSUPPORT & COLLECT 400.00
33,924.57
GRAND TOTAL $206,787.56
Agenda Number f_
AGENDA REPORT
Action by Council :
T0: City Manager
end ®rsed.
FROM: Finance Director ®di:.ed
RE: BUDGET TRANSFER Rejected.FOR N.E.S.T. COSTS Date
DATE: November 1, 1989
The required local funding of N . E . S . T`. costs •her t for 1989 has been increased due tohigherthananticipatedoperatingexpensesandride •Ma lewood's co
p ridership. This requires thatpcontributionbeincreasedfrom $20,777 to $ 22,896Reg onal Trans i t Board f i n for 1989. ThefinathlargestportionofN.E.S.T. costs and thbalanceisfinancedbyfareboxrevenueand
e
is addit the three cities serviced. Attachedtionalinformation.
If the city Council wants to continue •ue particpaton in N.E.S.T.transfer from the General Fund contingency t
encbeapg y count i n the amount of $2,120 shout d
Agenda Number L —
AGENDA REPORT
TO: City Manager
Action b Council
FROM: Finance Director y __
o Q
RE: 1989 BUDGET FOR DENTAL SELF- INSURANCE FUND Rejected,.„
Date
DATE: November 3, 1989 '•'
INTRODUCTION
The reclassification of the Dental Self - Insurance Fund from an agency fund to
a special revenue fund requires that a budget be adopted for the fund.
BACKGROUND
During the preparation of the 1988 Annual Financial Report it was determined
that the Dental Self - Insurance Fund needed to be reclassified. This was based
on recommendations from the Government Finance Officers Association and our
auditors. Consequently, on March 27, 1989 a 1988 budget was approved by the
Council for this fund. A 1989 budget was not approved at,the time due to lack
of available staff time to prepare the projections.
Projections for the balance of 1989 have now been made and the following
budget amounts are recommended:
REVENUES:
3801 Investment Interest $ 450
3809 Insurance Premiums 34,000
Total Revenue $34,450
EXPENDITURES
4480 Fees for Service $ 2
4490 Consulting Fees 600
4590 Misc. Contractual Services 36,000
4930 Investment Management Fee 30
Total Expenditures $39,150
Excess (deficit) of revenues
over expenditures (4,700)
Fund Balance - January 1 110
Fund Balance - December 31 $
The projected fund deficit will be eliminated in 1990 by premium rate
increases.
ACTION REQUIRED
Council approval of the above budget amounts.
Action by counen
Mo d.ifi ee
Ike j ected
Date
Agenda Number
T0: Mayor and City Council
FROM City Manyg .
RE: 1989 -1990 SUBURBAN COMMUNITY CHANNELS LEASE AGREEMENT
DATE: November 6, 1989
INTRODUCTION
Suburban Community Channels is currently renting space 'y g p n thePublicWorksbuildingatarateof $612.50 per month and inadditionprovidingtheCitywith $2394.00 per ear of '
services.y production
BACKGROUND
The H.V.A.C. system does not always perform to their satisfaction.atsfacton.Our maintenance staff have worked to resolve the problem, but havemetwithonlylimitedsuccess. The Cable company is therefrequestingthatthere
p y e ore
re q g e be no increase in rent unless improvements:can be made.
RECOMMENDATION
It is recommended that the City Council approve a sixextensioninpp month
the lease agreement with Suburban Community hannelsatthesameratewiththeunderystandingthattheCitywillcontinuetoworkontheH.V.A.C. system and the rate will bereconsideredattheendofsixmonths.
MAM : k a z
MEMORANDUM
TO: Cit Mana Michael McGuire
FROM: Emer Mana Director Larr J. Cude
DATE: October 16, 1989
RE: Donation Acceptance
Action by Council:
Endorsed,,,-,-,,--,
Modif -.Lerl d.
Rejected....
Date
We have received a check for $1F500.00 from the North
Maplewood Lioness Club to be applied to the up of
e in our mobile communications command post.
We re that the acceptance of this gift be 'included on
the Council a for October 23, 1989.
Thank you,
LJC:aJ0
NMI
N 1018 !V.ORTH MAPLEWOOD LIONESS
GAMBLING ACCOUNT
1310 FROST AVE.,
MAPLEWOOD, MN 55109 z I
22 97/960
PAY
TO THE
ORDER O'K $ $ + a
r77 ' r
D LARSForimaginationnBankingAndInsurance ....
Country <<ToWn Bank
MaplewoodC
1815 North St. Paut Road Maplewood. Minnesota 0109 Me,,,oe, Fp,c
FO
11 10 1811' 100 9 6000 9 781 `0 6 4.9 7 21, '
Action by Council of
End crs d - - ,— .,-- .
Rej eete .--.
AGENDA REPORT Date
T0: City Manager
FROM: Staff Services Coordinator
RE: BUDGET TRANSFER - MISCELLANEOUS
DATE: October 19, 1989
INTRODUCTION
A budget transfer of $500.00 is requested for membership dues.
BACKGROUND
11,910 was budgeted for the League of Minnesota Cities
memberships in the Miscellaneous division of the 1989 budget.
Actual League memberships were higher than estimated for 1989.
The requested budget transfer is necessary to pay the annual
membership for the League's Municipal Amicus Program (MAP).
RECOMMENDATION
Approve a budget transfer of.$500.00 from the Contingency account
to account 101 -119 -4380.
GJ B : kaz
A Number
TO:
FROM:
RE:
DATE:
Ma and Cit Council
Cit Mana " %r
STAFF WORKSHOP
November 6, 1989
Action b Council:
Endorsed--,-...
Modif
R e i e c t e
Date
INTRODUCTION
A bud transfer is necessar to cover the cost of an upcomin
Staff Workshop. The workshop will last for one da will be held
in St. Paul, and'the total cost will be approximatel $1000.
REQUESTED ACTION
It is re that a bud transfer, not to exceed $1000, be
authorized from the General Fund Contin account.
MAM: kaz
MEMORANDUM .A.et3On by council .,
TO City Mana er
FROM: g , Endorsed , , Shawn Bernier, Planning Intern y b eSUBJECTHomeOccupatLicenseo
LOCATION.: Renewal .
p 1725 Laurie Road
APPLICANT: Kevin Catlin ,DadeDATE: Octob+er 16 , 1989
SUMMARY
INTRODUCTION
The applicant is requesting his •taxi -cab g home occupation license for aleasingbusinessberenewed.
BACKGROUND
The City Council approved this license on Januarythreemonthssubjecttothefour
9 , 19 for
ur conditions:
1• The license numbers on the cabs shall be f' •sled with the City.
2. There shall be no repair or storage of cabs
Mr . Cat
g .except for onecapdrivenbylln. Cabs shall only be allowed to cometothesitetodrop 'Off receipts,
30 -Car radios shall not be heard at the ro erpp ty line.
4 . Where shall be no more than ten leased cabsvisitingthesite, each week
On April 10, 1989, the City Council approved •license for six months,pp a renewal of this
DISCUS
The applicant is in compliance •p e with the conditions of approvalStaffis .not aware of any problems with this home occupationlicense. upation
RECOMMENDATION
Renewal of the license for Kevin Catlinn at 1725 Laurie Roadforataxi -cab leasing business subject to •of approval. or one
the original conditionsyear.
Attachments:
1. Locat Map
2- Property Line /Zoning Map
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3 Attachment 2
4
N
CITY OF
IPLEVVOOD
1830 E. COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109
OFFICE OF COMMUNITY DEVELOPMENT 612-770-4560
Action by Council: rf
October 11, 1989
City council
Maplewood City Hall
18 3 0 E . County Road B
Maplewood, MN 55109
HRA 1988 -1989 ANNUAL REPORT
Endorsed
Mod1 f JILe `.qu4., .
Re j ected_
Date
Following is the Maplewood Housing and Redevelopment Authority's
Annual Report for the period March, 1988 through February, 19890
A copy of the attendance report is enclosed as Exhibit A (Page
5) As you can see., this was a slow year (only 5 meetings) with
staff claiming to be extremely busy with the planning workload.
Meeting a quorum proved difficult with two vacancies on the
Commission.
Program Participation
During the year we participated in two programs administered by
the Metro HRA and three administered by local lenders (Exhibits B
and C, pages 6 through 9). Through these programs 214 housing
units received assistance in 1988. For information on loans, see
Exhibit B. The number of existing Section 8 assisted households
168) is an increase over the 151 last year.
Housing and Plannina Items Considered
In addition to the items listed on Exhibit D (page 10),
Commissioners Carlson and Fischer have served on the Home Share
Task Force Commission. Share -A -Home statistics are included on
Exhibit E (page 11) . The budget for 1988 (the third and final
year of the pilot program) was $12,639, down 2.6% from the
previous year. Of this amount, $3,115 will be funded by the
Minnesota Housing Finance Agency (MHFA), $7,900 by the CDBG from
the County, and the remainder from fees collected. No additional
funding will be required from the participating communities. The
program received a CDBG from the County for its operation for the
last one -half of 1989 and the first 6 months of 1990.
Equal Opportunity Employer
1988 -89 HRA Annual Report
Page 2
Eme Concerns
After a few years of looking at senior housing needs, it has
become apparent that support services are an integral part of the
housing picture for them. There are a wide variety of services
available from an equally wide variety of sources - -some
government, some quasi - public, some private, some available to a
greater extent than others when compared to the need.
Information on what is available and how to obtain it may not
always be readily available to those in need. What is the
appropriate role of the City in the resolution of these problems
Another, more traditional, area of concern to an HRA is that of
neighborhoods with deteriorating housing. As we have some areas
of older, pre -code housing which have the potential to have this
problem, we will cif time permits) address the issue and consider
possible solutions to alleviate the problem.
1989 Work Pror
Ge neral Obj ecti_
110 Continue to participate in Metropolitan Council and MHFA
programs.
2. Continue to review ordinances /policies relating to housing
costs.
39 As appropriate, seek out partnerships with local lending
institutions to deliver home improvement and home loan
programs at no expense to the City other than normal up-
front staff time. -\
4. Monitor subsidized housing proposals for consistency with
the City housing plan and the guidelines for tax- exempt
financing, tax- increment and CDBG financing, as appropriate.
50 Keep informed on current trends and changes that will
influence the provision of affordable housing.
6. Utilize Maplewood in Motion, the Maplewood Review and the
Northeast Area Section, and sewer bill inserts to keep the
public aware of the availability of various housing - related
programs and developments.
7. Encourage and facilitate the provision of life -cycle
housing, and continue to work toward the establishment of
alternative housing options for the City's older -adult
population.. These efforts are to include, but not be
1988 -89 HRA Annual Report
Page 3
limited to, participation on the older Adult Home - Share
Steering commission and on the County's long -term care study
group, as well as evaluating the need for senior group
homes.
8. Hold a joint meeting with the City Council to review the
year's performance and outline a work program If or the coming
year.
Task Objectives
1. Evaluate the merits of Maplewood adopting a truth -in- housing
sakes code and work towards its adoption. If a truth -in-
housing code is adopted, recommend the code changes needed
to implement this code.
2. Determine how suburban cities such as Maplewood can fund
various support services, such as the home -share program,
which are aimed at helping elderly persons remain in their
homes rather than be prematurely sent to a nursing home or
apartment. Sponsor or facilitate any necessary code or law
revisions to address the problem areas for city residents.
This should be part of the housing plan update) .
3o Determine how a, suburban city such as Maplewood can maintain
an information and referral service to assist older adults
in linking up with available services. Sponsor or
facilitate any necessary code, law or policy revisions to
make this information readily accessible to Maplewood
residents. (This should be part of the housing plan
update) .
4. Participate in the Comprehensive Plan update process to
insure that the revised plan addresses:
a. The revision of the housing element to reflect current
and possible future programs, housing needs and
conditions.
b. The HRA's general work plan objectives as City policy.
c. The establishment of criteria and the identification of
residential and commercial target areas for
rehabilitation and /or redevelopment.
d. The stricter enforcement of City codes to help prevent
deterioration and blight in Maplewood.
5. A tour for HRA /Council and interested Planning Commission
members of areas of interest and /or concern to the HRA.
1988 -89 Annual Report
Page 4
Class each of the task - specific objectives as high, medium, or
low priority.
Community with the Council
If at any time it is felt that additional input or guidance from
the Council is desirable for proper functioning of the HRA, a
request will be made for a shirt . sleeve session, or a
presentation made under the "Visitor Presentation" item on your
agenda.
Also included with this report, as Exh.bit F,, is an item we
thought might. be of interest to you - -a summary of rental housin
developed with tax- exeiRpt f i.n.anci g to date., including number of
units, amount of the bond issue, fees paid . to the City to date,
and the federal financing restrictions on these units.
LORRAINE 8. FISCHER
Chairman
Maplewood Housing and Redevelopment Authority
17
EXHIBIT A
HRA COMMISSIONERS
Name Appointed
rjal e Carl son 1/84, 3/88
1890 Barcla (55109)
Tt-iomas Connell 1/84, 3/85
1193 E. Count Road B (55109)
Lorraine Fischer 4/75, 3/81, 3/86
1812 N. Furness (55109)
Greg Schmit 3/82, 3/87
2369 Linwood ( 551 19 )
Vacanc
ATTENDANCE
Term Expires
3/93
3/90
3/91
3/92
Commissioner 4/12/88 5/24/8e 10/11/88 11/15/88 12/8/88 1/17/89
Special Cancelled
IvIe.et i n
N/AXCarlsonXA
Connell x x x X. •-1. N/A
Fischer X X %A, X x N/A
Pre (Resigned)
Schm i t X
1-%-rhracom
N/A
01
EXHIBIT B
ACTIVE HOUSING PROGRAMS IN MAPLEWOOD
Administered b the Metropolitan Council HRA
a.-. Rehabilitation Loan Program - Owner-occupied (funded b MHFA) :
Three deferred loans: Total of program was $20,953.00
Maximum loan amount per application: $7500.00
Households with an adjusted income of $7000 or 1 ess are
eligible. for this assistance. The program offers deferred
pa I oans. The I oan pa ma be deferred unl ess the
borrower trans-Fers the propert within 10 years of the I oan
date, in which case the loan must be repaid to the MHFA, but
without interest..
The purpose of this I oan program is to assist el igibl e
appl icants repair their homes to correct deficiencies
d i rect I y of + ect i ng saf et , hab i tab i I i t , energ usage and
handicap accessibilit The maximum loan amount available
per appl icant is $7500.
The locations o-f, the loan recipients cannot be given because
rehabilitation loan borrowers are protected from
identification under the state's data privac act.
b. Section 8 and Section 236 Rental Subsid Programs (Funded
b HUD) :
El igibl e tenants pa a max imum of thirt percent of their
gross income toward the monthl rent pa The difference
between the tenant's affordable rent and the total rent is
the Section 8 paid to the landlord b HUD. In December 1988,
165 Maplewood households (25 senior and 140 famil were
receiving rental assistance. See Exhibit C for income and
rent ceilings.
2a Administered b Local Lenders
an Home Improvement Loan Program (Funded b MHFA):
Five loans were made for a total of $28,785.00 in 1988,
Households with an adjusted annual income of $27,000 or less
ina be eligible for home improvement loans of up to $15,000.
Loan interest rates are between 3 and 9 percent and are
determined b the borrower's income,
R
b. Home Energ Loan Program (Funded b MHFA):
23 Loans +or a total of $63,400 in 1988,
Homeowners ma be el igibl e for I oans at 8 7/8 percent
i.nterest rate. Under this program, loans of $1.,000 to
5,000 are available for energ e++icienc related
improvements onl
c MHFA Single Fam I y Mortgage Loan Program (Funded b MHFA)
This program is for +irst-time home bu (FTHB). To
quali+ y , an app li cant " adjusted gross household income
cannot exceed $35,000 for a new-dwelling unit or $3.1,000 +oi.-%
an existing dwelling unit. The below market interest rate
mortgage mone is available +or the purchase of single-+amil
Ltnits,, townhomes, condominiums, or existing duplexes.
1988 Program - 18 Loans totalling $1,134,655.00.
d. Homeownership Assistance Fund (HAF) (Funded b MHFA):
Through this programn,, qualifying lower-income MHFA home
mortgage- recipients could receive downpa and monthl
pa assistance. No loans were purchased +or propert in
Maplewood in 1988. Si-,-.,,- HAF loans totalling $20,010 were made
in 1985-1966. These six recipients were among 25 that
received a total of $1,437,748 in financing +or properties
in Maplewood,
7
EXHIBIT C
RENTAL ASSISTANCE PROGRAMS
Existing Units Section 8
Household T Famil Elderly
one Bedroom
Two Bedroom
Three Bedroom
Four Bedroom
4 14
97 8
25 1
2
128 23
Total s
18
105
26
2
151
Of. these '151 units., 141 are in mul tipl e dwel I ings,, 5 are in double
dwellings and 5 are in single dwell ings.
New Const ruck ion - Section 8 and Section 236
Famil y Units Archer Hei Lund Maple Knolls Total s
One Bedroom 30 3 33
Two Bedroom 55**13 32 100
Three Bedroom 4***16 20 26
Handicapped
8 26
2 2
Maximum Allowable Rent
89 29 57 175
Elderl Units Archer Hei Concordia Arms Totals
One Bedroom 64**** 124 188
Archer Heights
and 14 market
guidelines are
There are also
There are also
There are also
has 121 -Section 8 units, 33 Section 236 units
ate units. Section 8 and 236 rent and income
the same.
8 market rate units.
2 market rate units.
4 market rate units.,
SECTION 8 AND 236 INCOME AND RENT CEILINGS
Household Size Maximum Annual Household Size Maximum Annual
Persons) Gross Famil Income Persons)Gross Fam i 1 y Income
1 14 5 22 1000
2 16,300 6 23
3 18 7 25
4 20 8 26
Maximum Allowable Rent
Unit Type Includes as and electric
One Bedroom 445/month
Two Bedroom 528/month
Three Bedroom 660/month
11001
In the metropolitan area, the Section 8 program
I
is avail,able onl
to the ver low income - 50% or less of the median income +or the
metropolitan area.
krrental
11-^15-88 1.
2.
3,
12-8-88 1.
1^~17-89
Property maintenance
codes
Gervais Avenue Apartment
development
TrUth Code
Group Home Forum
CANCELLED
krhsgexd
Action Tgiken
Tabled
Continued for
more information
Referred to HRC
EXHIBIT D
HOUSING AND PLANNING PROPOSALS CONSIDERED
Meetin Elate
for
Item
4-12-88 In Tax-exempt financing
approval
design requirements
for
2.Housing needs of homeless
Tabled
persons in Maplewood
5 Housing needs of homeless
persons in Maplewood
2^Lincoln Park Manor
Seniors development
3.Tax financing
design criteria
10-11-88 1.Revised tax-exempt
financing requirements
2.HRA/HRC Liascn
11-^15-88 1.
2.
3,
12-8-88 1.
1^~17-89
Property maintenance
codes
Gervais Avenue Apartment
development
TrUth Code
Group Home Forum
CANCELLED
krhsgexd
Action Tgiken
Tabled
Continued for
more information
Referred to HRC
Recommended for
approval
Recommended for
approval
Recommended for
approval
Recommended for
approval
Tabled
Recommended
approval
Concept Approval
No action
10
EXHIBIT E
SHARE -A -HOME Program Statistics
January 1, 1986 to December 13, 1988
Intake
Inquiries from Interviews pre -Match Pre -Match Mathes
Resident Homeowners Completed Considerations Completed Completed
COMMUNITY 1986 .87 88 1986 87 88 1986 87 88 1986 87 88 1986 87 88
Falcon Heights 4 6 8 3 1 3 14 3 21 1 2 3 2 2 2
Hugo - - 1 _ - 5 1
Lauderdale
Little Canada 2 5 6 2
Maplewood 8 15 23 7 4 5 38 24 58 1 2 6 2 3
North St. Paul 4 5 4 2 - 2 10 - -2
Oakdale 2 4 6 3 - 4 12 - -1
Roseville 11 17 19 4 2 10 17 13 27 1 2 2 1 2 2
Vadnais Heights 1 3 2 1 1 - 2 2 -1 1
White Bear Township 1 4 9 1 2 3 5 3 26 1 1 2
33 59 77 22 11 29 103 45 133 8 8 13 7 8 g*
NOTES:
Inquiry- An interested Resident (homeowner) has contacted Share -A -Home . for
program information.
Intake - First stage of application process..
Pre -Match Consideration- A Live -In has been considered for placement in a
Resident's home. Both parties have been consulted.
Pre- Match- A Resident and a Live -In have met with SAH staff, after deciding
to pursue an arrangement together. Terms of the agreement are decided
and a move -in date set.
Match- A Resident and a Live -In have lived in the same household past their
30 da trial period.
Notes that in addition to the number of matches indicated, there is a match
in process (persons residing together) that has-not completed the 30 day trial
period yet. '
1) The city of Lauderdale withdrew from the program in December 1986.
EXHIBIT F
RENTAL HOUSING DEVELOPED WITH TAX - EXEMPT FINANCING
Annual. Fees Received
Initial Fee
Project Name #.of Units Bond Issue Amount At Bond Closing 1986 1987 1988
x 1989 1990 1991
1986 Occupancy
Maple Ridge Apartments 100 $4 $10 250 5,125 $5,125 $5,097 $59070
County Road D east of (5)
Hazelwood
Silver Ridge Apartments 186 4 12,000 6 6,000 6 6,000
Stillwater Road and (8)
Stillwater Avenue
1987 Occupancy
Century Ridge Apartments 75 2,900,000* 7,250 3 3 3,625 39625
Century Avenue south of (
Battle Creek
Hazel Ridge Senior Apartments 75 4 10 5 5,494 5,494 5,
2730 Hazelwood (3)
1988/89 Construction
N
Beaver Creek Apartments 180 8 21 10, 10,625 6,936 7, 019
Ivy and Ferndale (9)
Cottages of Maplewood 60 2, 600, 000* 6 KI /A N/A N/A N/A
2)
TOTALS 676 $27 $68,238-3C, $30,869 $2.7,152 $27
30)
These are the number of handicapped units in the project
Subject to pre -1986 Federal tax - exempt financing requirements.
Payment will continue to be received over the l i f e of the bond issue
Bond closing scheduled for Janaury 31, 1989
Federal Tax - Exempt Financing Restrictions
1. Bond Issues Prior to 1 -1 -86 2. Bond Issues After 12 -31 -85
207 of units must be occupied by households with adjusted gross income 207 of units must be occupied by households with adjusted gros
of 807 less of the area median ($28,080 in 1986).#income 507 or less of the area median or 407 of the units
Households of one to four persons all were subject to,the same household must be occupied by households with adjusted gross incomes
income requirement.607 or less of the area median.*
One -time income certification for each household. Once certified, a
household could remain and be counted as low- income household even if The city elects which of the above tests it wants, depend -
income increased above the maximum.ent upon its housing needs. This decision cannot change,
Compliance with these rules was required for 10 years.An income adjustment is required for household size.
No state bond issue volume cap for multiple - family housing,Maximum allowable rent cannot exceed 307 of the annual low-
Cost of issuance could not exceed 37 of the issue.income ceiling for the units subject to the quotas.
Compliance with these rules is required for 15 years.
A state bonding volume cap applies to all residential bond
issues.
Adjusted gross income is calculated by subtracting $750 for each All issues are subject to state -wide competition.
adult and $500 for each child from a household's gross income. This Cost of issuance cannot exceed 27 of the issue (SFD under
income ceiling is periodically evaluated by the Department of Housing and 209000 - 3.57; over $20,000,000 - 27)
Urban Development (HUD).
t -/ 46
MEMORANDUM
TO City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Conditional Use Permit Renewal
LOCATION: 1945 Manton Street
APPLICANT /OWNER: Independent School District #622
PROJECT Gladstone Community Center
DATE: October 30, 1989
SUMMARY
INTRODUCTION
Action by Counci
Endorsed
e dJILfi e
R e j e c t Y d twai., _ __>:JO11YR1ti
Dat
The Community Education Department of Independent School District
622 is requesting the renewal of their conditional use permit to
operate the Gladstone Community Center at 1945 Manton Street.
Please refer to their letter on page 5.
BACKGROUND
November 1, 1979 The Council approved a conditional use permitfortheapplicanttooperatetheformerschoolasacommunity
center. Approval was subject to several conditions.
November 26, 1984: The City Council renewed. the conditional use
permit for five years subject to the following conditions:
1. Counc may review any future use, not presently in the
Gladstone Community Center, excepting those classes and
programs conducted by School District #622 or other public,
parochial or private schools.
2. All building and fire code regulations must be met and a
certificate of occupancy must be issued for each new use.
CRITERIA FOR APPROVAL
Section 36 - 445 (a) of the City Code states that "all conditional
use permits shall be reviewed by the council within one year of
the date of initial approval, unless such review is waived by
council decision or ordinance. At the one -year review, the
council may specify an indefinite term or specific term, not t
exceed five (5) years, for subsequent reviews. The council may
impose new or additional conditions upon the permit at the time
of the initial or subsequent reviews."
DISCUSSION
There have not been and complaints received regarding this use
and all building and fire safety code requirements are being .met.
RE COV MENDAT I ON
Renew the conditional use permit for the Gladstone Community'
Center at 1945 Manton Street for five years, subject to the
November 26, 1984 conditions of approval.
Attachments
1.. Location Map
2. Property Line /Zoning Map
3. Applicant's letter dated October 19, 1989
kenmemo3.4
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LOCATION MAP Q
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3 Attachment 1
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3 Attachment 1
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4 Attachment 2
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4 Attachment 2
4
OMMUNIT Y EDUCATION.
NO. ST. PAUL- MAPLEWOOD- OAKDALE SCHOOLS'
7055, E. Larpenleur Avenue
MAPLEWOOD, MN 55109
October 19, 1989
Mr. Kenneth Roberts
Associate Planner
City of Maplewood
1830 E. County Road B
Maplewood, MN 55109
Dear Mr. Roberts:
Phone: (612) 770 -4607
School District 622, North St. Paul - Maplewood - Oakdale Schools, desires to
renew its conditional use permit with the City of Maplewood to continue
use of the Gladstone Community Center located at Frost and Manton Streets,
Maplewood, as a community center.
The conditions and uses for the site under the 5 -year permit have been
adhered to.
All building and fire code regulations have been met to date.
The following non - profit agencies are leasing space at the center at this
time:
Ramsey County Nursing Services
Ramsey County JTPA (Job Training Center)
Northeast Contemporary Services, Inc.
Little School of Montessori, Inc.
Maplewood Athletic Association'
Programs and services that District 622 Community Education conducts at
the site are as follows:
Senior Citizen Center and activities
Senior Citizen Congregate Dining /Home Delivered Meals
Stepping Stones program
Adult Continuing Education programs
Community Education offices
Community activities and meetings
Maplewood Recreation and Athletic Association activities
in the gym and on the fields.
We have not been aware of any problems and concerns from our neighbors in
the past five years.
COMMUNITY AND SCHOOL WORKING TOGETHER "
5 Attachment 3
0
Mr. Kenneth Roberts
October 19, 1989
p9 2
If you have any other questions or concerns or we must take any further
action regarding the permit please contact me at 770 -4608.
i cerely,
44
Gay H. endricks
Director of Community Education
GHH:tr
MEMORANDUM
Action. by Council:
Endorsed
M ®d i f a
Rejected - _ _.-
Date
TO City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Time Extension
LOCATION: Mailand Road, west of Highpoint Curve
APPLICANT /OWNER: Mary Anderson Construction
PROJECT Crestview Fifth Addition Preliminary Plat
DATE: October 31, 1989
StTNIlKARY
INTRODUCTION
The applicant is requesting a one -year time extension for the
Crestview Fifth Addition preliminary plat, labeled "Future Fifth
Addition" on the map on page 4. Please see their letter on p ga e 5.
BACKGROUND
November 1, 1979: The City Council approved a planned unit
development (PUD) and a preliminary plat for this site.
October 9, 1985: The City Council approved a one - year time
extension for this development and amended the 11 -1 -79 conditions.
October 28, 1987 The City Council approved a one -year time
extension for the unplatted portion of the Crestview Third
Addition preliminary plat (the proposed Fourth and Fifth
Additions) . (See page 4.)
June 13, 1988: The City Council approved the Crestview Fourth
Addition final plat. (See page 4.)
November 14, 1988: The City Council approved a one - year time
extension for the Crestview Fifth Addition preliminary plat
subject to revised conditions of approval..
CRITERIA FOR APPROVAL
Section 30-5(e) of the City Code states "for one year followingpreliminaryapproval..., unless the subdivider and the City agreeree
otherwise, no amendment to a comprehensive plan or official
control shall apply to or affect the use, development density, lot
size, lot layout or dedication or platting required or permitted
by the approved application. Thereafter, pursuant to its
regulations, the City may extend the period by agreement with the
subdivider and subject to all ap licable performance conditions
and requirements, or it may require submission of a new
application, unless substantial physical activity and investment
has occurred in reasonable reliance on the a proved application
and the sub 'divider will suffer substantial financ damage as
a consequence of a requirement to submit a new application..."
DISCUSSION
The third and fourth additions have been constructed. A number
Of lots are available for the construction of single - family homesinthesetwoadditions. The developer intends to request final
plat approval for the Crestview Fifth Addition next year. No
changes to the Maplewood Zoning. Ordinance or the ComprehensivePlanhaveoccurredinthelastyeartowarrantchangestothe
preliminary plat or its conditions of approval.
RECOMMENDATION
Approve a one -year time extension for the Crestview Fifth Addition
preliminary plat, subject to the November 14, 1988 conditions of
approval, as follows:
10 A signed developer's agreement shall be submitted to the City
Engineer to assure construction of the following items:
a. All internal public improvements.
b. Construction of a quarter -mile of sidewalk along a
collector street in this vicinity, if the revised trail/sidewalk plan calls for sidewalks alon11 these streets
Sterling Street, Mailand Road or Londi.n Lane) . If final
plat approval is requested before the revised trail/
sidewalk plan is adopted, the applicant shall submit a
letter of credit or cash escrow for one hundred fifty
percent (150 %) of the City Engineer's estimate to
construct a sidewalk along the west side of Sterling
Street, between Mailand Road and Londin Lane.
2. Approval of final grading and drainage plan by the City Engineer.
3. The side property lines for the lots to front on Mailand Road
shall be moved as necessary, to accommodate the existing water
and sewer services in Mailand Road. All lots shall comp lypwithminimumlotdimensionrequirements. The property lines
shall be
y
located at least as far from a side property line
as the depth of the nearest utility service.
4. The 100- foot -wide lots located west of the roposed Crestview
Dr m •ma be reduced in width, provided minimum lot dimension
requirements are complied with. One additional lot may be
added.
5. The developer's agreement shall contain the erosion control
procedures recommended by the Soil Conservation Service in
their report of March 26, 1979, except for Condition 1.
Attachments
19 Location Map
2. Preliminary Plat
39 Applicant's letter dated October 27, 1989
39 c
LOWER w
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Av f .. O 3
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LOCATION MAP 4
3 Attachment 1
Planned Off- Street Trail
LONDIN LANE '
I_ s
0.l. A u e M2 .
110400 i r 2 3 4 S
io.vo ' i • &
Third Addition
as — (F Plat 1 Z /8 5)
it o tt o 13
ole
1 % If`` t.i to °
V .
Fourth Addition
Final Plat 6/88)
w 7 .v 1 r'"' ?" O Zl ' r • Q
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it t s• , _
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1WQ128 =e.1 s___, nb rto ao L
i R•...
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Is L
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so
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i ti; ter: a:rr.:..
Huntington Hills
CITY PARK
C.RESTV I EW FOREST
TOWN HOUSES
PRELIMINARY PLAT
Approved 11 -1 -79)
4 Attachment 2
Mary Anderson,
BETTER HOMES FOR BETTER LIVING
m•%R V try N. ANDERSON CONSTRUCTION COMPANY
8901 LYNDALE AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55420
October 27, 1989
Mayor John Greavu
C/o Mr. Ken Roberts
Municipal Building
1902 E. County Road B
Maplewood, Minnesota 55109
Dear Mayor Greavu :
3 7th
Anniversary
I would l i k e at this time to requesttesinlefamilyq extension for one. year ofth9lyplatofCrestviewFourthsaidplatwillbecomeCrestviewOutlotAofestviewFifthAdditioncomprisinof24additionalsingle - family lots. Thes 9
in the fall of 1990. a are planned for development
Thank you for your consideration of my request.
Sincerely,
MARU DERSON CONST CO.
r
4
Frederic E. Haas
Vice Pres. Land Development
FEH : 1 w
TELEPHONE 881 -2661
5 Attachment 3
Agend Item
REPORT Action lay . Counoi1:AGENDA
Endorsed
To : City Manager Modzf
eRed ected.. —
FROM: Assistant City Engineer . Date
SUBJ CI, : Watery District 8, Proj 86--15 (Tower)- -- Acc ptatrice c+
Project
a
DATE: Novemb 6, 198
t
1 ptrodUct i on
j T - ie subje ct pr~o, c t is compl ete as noted in the attached I etter
j from the project engineer. A reSOI. ut i on is attached . to accel..
tf e project and release retai owed to the contractor.
i "he con-tractor was initially delayed i star t h i s pr-o ect. p
As shown on the attached 1 etter f rom the contractor and t:f
Orden One the contractor gtorwas i ven a. comp 1 et i on dat e 'f:. i or -
as requested u The completion date was October~ 19 , 198B p Ate.
7iow or• the ..u1 y , 1989 l , the co ctor w reminded
the late status of constr uction and the potential for 1 i q..c :r. datf.:yca
damages. The tower was comp] e t ed 1 at e r^ in •Jul y 1 989 .
The project eng ineer^ was r e uested to document add i t i CI"tip, q
engineering costs resulting from the delay. The attached
sl Septembers 11, 1989 letter states that the delay cost an e:.tr a
10,630 in en charges.
CI
E
3 Recommendat
it is recommended that the retainage be released with tl
deduction of $10,630 as l iquidated damages .
BAi
i1
Jw
A
F
fFt3
j
F {F {F{F{[1
SEP2819
ENCINEERS 9 ARCHITECTS X PLANNERS 222 EAST LI T D, ST PAUL, MINNESOTA 55177 .672484-0272
September 26, 1989 RE: MAPLEWOOD, MINNESOTA
0.15 MG ELEVATED TANK
CITY PROJECT NO* 86-15
SEH FILE NO: 87196
Mr. Bruce Irish
Cit of Maplewood
1830 E. Count Road B
Maplewood, MN 55109
Dear Bruce.:
Enclosed is the Application for Pa No. 3 and Final from CBI
Na Con, Inc "' for the above referenced pro Also enclosed are
lien waivers and certificate of compliance with Minnesota
Statutes 290.92.
The pro has been reviewed with AEC En and your prorepresentative, Mr-. Jim Elias, and found to be acceptable.
This work has been satisfactoril completed and substantiallcomplieswiththeplansandspecifications..
We recommend that the Cit accept the pro and approve the
contractor's Final Application for Pa If lidamaaretobeassessed,the should be deducted from this
final pa
Sincerel
Kenneth R. Meister
KRM/cih
Enclosure
ST PAUL, CHIPPEWA FALI-c-,
HLNDf,.1I(-k,1)()N lfvc MINNESOTA WISCONSIN
C HANCE ORDER
ENGINEER'S I ARCHITECTS / PLANNERS
222 EAST LITTLE CANADA ROAD, ST PA I,, MINNESOTA 55117 612 484.02
OWNER Cit of Maplewood DATE 5 - 4 --
OWNERS PROJECT NO.86-15 CHANGE ORDER No 1
PROJECT DESCRIPTION 0. 5 MG Elevated Tank SEH FILE NO. 8719 6
The following changes shall be made to the contract docu cents
Descriptio Articleic1e 3n3,1 - Contract. Time, the f irst sentence shall be amended
as follows:
3.1 The work will be substanitall completed on or before September 19 , I
d completed and read for final payment in accordance with1988 . an p Y
4 l 3 of t1ie General Conditions on or before. October 19 1981
Purpose
The Contract time change is necessary because the easements f or
the tank site had not been obtained.
Bans of Cost. N A o Actual o Estimated
AttaChffle- 1`715 (lest supporting docum
Contract Sta tu
original Contract
Net Changee Prior C.O.'s N / to
Change this C.O.
Revised Contract
t7%
Time cost.
427 8 . 010
0-
427 1 010
Recommended for Approval. Short•Flliott•Hendrlckson, Inc. By
Agreed to by Contractor.
By
CBI Na -Cron, Inc.
Title
Distribution
SHORT ELLIOTT
HENDRICKSON INC.
Approved for Owner.
r
r
i
Contractor 2 owner t Project Representative I
51 PAUL
MINN 50TA
SEHOMCP I
111'I't tt I • I
ti va ( )rv-,,N
C B I Na-Con, Inc.
a national construction services organization 24137 1111h Street
Plainfield, Illinois 60544
815 436 9800May21988Telex509774
Short Elliott Henerson, Inc.
222 East Little Canada Road
St.. Paul MN 55117
Attention: Kenneth R. Meister
Re 500,000 Gallon Elevated Tank
Maplewood, Minnesota
De" Mr., 11cistr:
CBI Na - Con, Inc. requests a time extention for the elevated tank
project in Maplewood We request that the substantial. completion
be changed from August 15, 1988 to September 19, 1988 and the
final completion to be changed to October 19, 1988
The on final . schedule required our foundation subcontractor, Tank
Foundations, Inc., to install the foundation in March. On March
11 1988 Tank Foundations informed me that he could not move in on
March 14, 1988 to begin work on the foundation. The City of
Maplewood had not.obtained the necessary easements for.the
property to allow construction to begin.
On-April 18, 1988 you notified us that the easements had been
obtained by the City of Maplewood and that CBI N -Con could g o to
work.on the Water Tower project. This resulted in a 35 day delay
in our schedule as desribed above.
Thank you for your attention.
Very truly yours,
Daniel D. North
Contracting Engineer
DDN: clq
SN0 ?T [-s
ST, PAUL
P
ENCINEER5I ARCHITECTS 0PLANNERS 222 EASrLITTLE CN':ADA -CAD, ST PAUL, V;NNESOTA 55117 612 ba C272
July 5, 1989 RE MAPLEWOOD, MINNESOTA
0.5.MG ELEVATION TANK
CITY PROJECT NO. 8 -
SEH FILE NCB, 87196
CBI Na -Con, I
24137 111th St.
Plainfield, IL .60544 --
rmoirc
ATTN Mr. Darles Scheibe
Dear Mr Scheibe:
We are returning your. Application for Payment No. 3 concerning
the, above referenced project. The Application for Payment
requests 1.00 percent complete less 5 percent retainage be paid.
The grading work,.the cathodic protection and the AEC P unch list
have not been completed. Therefore, we are not oin to aggPP
Application for Payment No. 3 until this work is completed.
As you are aware, the completion date for the project was October
19, 1988 and the City can assess liquidated damages. It would be
in your best interest to complete the project as soon as
possible.
Sincerely,
Kenneth R_ MP i Rfpv
KRM /cmb
Enclosure
Cc: Mr. Bruce Irish, City of Maplewood
Mr. Bob Kollmer, AEC
SHORT EL
HENDRICKSON INC.
ST PAuL_
M
CHIPRE FALLS,
WISCONSIN
JUL 0 7 19 ;
ENC/NEERS N ARCHITECTS I PLANNERS
t
September 11, 1989
PROJECT NO.
FOLDER NO.
INITIALS
222 EAST LITTLE CA, - R1AD, ST PAUL, t,`;rrdVESOTA 55117 612 4B
RE: MAPLEWOOD, MINNESOTA
0.5 MG ELEVATED TANK
CITY PROJECT NO. 8.6 -
SEH FILE No, 87196
Mr. Bruce Irish
Assistant City Engineer
City of Maplewood
1830 East County Road B
Maplewood, MN 55109
Dear Bruce
As requested, we have computed the extra. engineering costsggassociatedwiththeabovereferencedprojectwhichwanot
completed within the contract completion date.
Extra engineering costs associated with this ro`e
approximately
ar
4 368.00
P J e
Y Due to the delay in putting the
elevated tank in service, the Mailand Booster Station Jro`ect haspextraengineeringcostsof $6,262 plus $271.00 for the extension
of the contractor's insurance. Thus, the total extra engineeringggcostsare $10,630 plus the contractor's insurance of $271.00.
The contract with. CRT Na -Ccn Inc. had a substantiate. cop omlet n
date of September 19, 1988 and a final completion date of October
19, 19880 The project was substantially complete on June 19,1989 and the final. completion was August 17, 1989. The
contractor stopped working November 7, 1988 because the weather
was too cold to finish painting and they started work again May15, 1989.9 Y
Liquidated damages for delaying the completion of the projectpp ,7ectaccordgtoUiecontractare $750.00 for each day Uiat expiresafterthetimespecifiedforsubstantial. .completion and $500.00
for each day that expires after the time specified for final
completion. If the time between November 7, 1988 and May 15
1989 is not considered in computing the liquidated damages, then
the liquidated damages would be:
SHORT ELLIOTT SF PAU C if' FE 114 f 11 !
HENDRICKSON INC '.!tJt:FS ^' 11'ISC:Iiti`Ity
Mr. Bruce Irish
Page: ##2
September 11, 1989
Substantial..Completion 84 days x $750.0 $3,000
Final Completion 59 days x $500.00 = 29, 500
Total .Liquidated Damages 9 2, 5()()
If the City wishes to assess only the liquidated damages
necessary to cover the extra costs associated with the project,
then these costs should be converted to delay days. The extra
engineering costs and contractor's insurance cost relates to
approximately 15 substantial completion delay. days. If the City
has extra costs associated with the delay, then they should also
convert these costs to delay days. When the City receives the
final payment application, the Contractor should be notified that
a certain number of delays days will be deducted from their final
payment cover extra expenses associated with the delays.
If you have.any questions, please contact me.
Sincerely,
Kenneth R. Meister
KRM /cmb
RESOLUTION!
ACCEPTANCE OF PRO JEC
W I F FEE A S , :he c :i. t manager for the City. of Maplewood has
d e t e r (n i ned that the 0.5 million gallon elevated storage tank f 01^
Water District 8, City Project 86-.1 5 is complete and recommends
acc.ep - tan.ce of the project;
NOW, 'r[AER"IH FORE , BE IT RESOLVED BY THE CITY COUNC I I.... OF
1V1A1*-'LE.W00D , MINNESOTA, that City Project 86-15, is. complete and
cna i nt enance of these improvements is accepted by the c i t .
I sel ea=e of cony re i nage or escrow is hereby aUthori ed , SUbject
to dedt- tc:.:t on of :r 1 6 c =a as 1 i qU i dated damages for 1 ate
c omp 1 et i on N
AGENDA N0.
AGENDA REPORT
TO: City Manager
FROM: Staff Services Coordinator r
RE: LIFE - THREATENING ILLNESS POLICY
DATE: November 6, 1989
Action by C ®U.nc i l - :
Rejected.
Date
INTRODUCTION
Attached is a copy of a policy on assisting employees with life- threatening illnesses.
BACKGROUND
In recent years national attention has focused on the issue of AIDS (Acquired Immune
Deficiency Syndrome). This policy was developed in order to define the City's position on
assisting employees facing a life- threatening or catastrophic illness, including but not
limited to cancer, heart disease and AIDS.
RECOMMENDATION
It is recommended that the City adopt the attached policy on assisting employees with life -
threatening illness.
GJB:Inb
CITY OF MAPLEWOOD POLICY ON
ASSISTING EMPLOYEES WITH LIFE - THREATENING ILLNESSES
The City of Maplewood is committed to maintaining a health and safe workkenvironmentforallemployees, as well as providing support for individualemployeeswhomaybefacingthetraumaofalife-threatening or catastrophicipc
includingncluding but not limited to cancer, heart disease, and AIDS.
The AIDS epidemic and the spread of infection from the human immunodeficiency
concern in man sevirus (HIV} is causing y segments of society. Consequently, someemployeesmaybeexperiencinganxietyaboutthepossibilitygofworkingwitha
person who has become infected.
The purpose of t h i s policy is to support the hys i cal and emotionalp ofallemployees, minimize disruptions to productivity and morale caused b the
presence of a worker with a life-threatening or catastrophic illness, anddemonstratetheCity's continued commitment to our affirmative action oals
y pp employees.related to physical) handicapped em
g
As a general principle, the City recognizes that an employee f 'g acing a life-
threatening or catastrophic illness may wish to continue to work as long s he
or she is able. If an individualual is able to work, he or she is expected to beproductive; if the individual cannot work, then he or she is eligible for Cityhealth, life, and disability
g y
benefits, as specified in City personnelpolicies /labor agreements.
As with any handicapping condition, the City w i l l make reasonable accommodationsonsforanemployeeaslongassuchaccommodationsarepracticalandeconomical)feasible, and in the best interest of the employee and the business unit
y
The City reserves the right to ask its appointedinted h s i c i an to 'pp physician examine an employeewithalife-threatening or catastrophic illness to determine that t h i s individualisabletoworkandposesnothreattohimself /herself or to others.
The,. pol i c i es and procedures outl i ned here i n apply to al l di sab i 1 i ti es and do notchangeanyexistingmedicalbenefits, or employee relations olicies coveringsicknessordisability.,
p
AGENDA ITEM
MEMORANDUM
TO:
FROM
SUBJECT:
LOCATION:
APPLICANT:
OWNER:
DATE:
Cit Manager
CW _.- -
Action b Co 14
Cit Engineer E n d o r S* e d
Conditional Use Permit-- Mod. Mining Operation f II
Kennard Street, North of Beam Avenue Re ected...........
Korridor Capital Investments, Inc,, Date
Korridor Capital Investments, Inc.
October 11, 1989
SUMMARY
Introduction
The applicant is re a conditional use permit for the
extraction of approximatel 100,000 cubic yards of material from
the site. Access is proposed over Kennard Street to Beam Avenue.
Criteria for A
The cit must base approval on the ten findings in the attached
resolution.
Discussion
Staff +eels that this excavation re would meet the findings
for a conditional. use permit if several conditions were re
in the permit. (See the recommendation.)
Recommendat ion
Adoption of the attached resolution approving a conditional use
permit for the proposed mining operation. Approval is based on
the f indings re b code and subject to the f of I owing
conditions:
Adherence to the 2-28-89 grading plan, unless a change is
approved b the cit engineer.
2a This permit is good for one year. It ma be renewed b the
cit council.
3n Truck traffic shat I be restricted to Kennard Street and Beam
Avenue to access the site,
4* A structure or method of operation shall be emplo to
remove excess dirt from truck bodies and tires prior to
exiting onto a public street. The contractor shall be
responsible for dust control and street sweeping to prevent
airborne particulates.
Kennard Stn Mining October 11 1989
5. The applicant is responsible for an permits from other
agencies,
6. A* 10 , 000 irrevocable letter of credit to insure compliancewiththepermitconditionsshatIbesubmittedtothecitpriortoissuanceofthepermit. This letter a+ credit
shall remain in effect for the duration of the permit..
740 The applicant shall furnish the cit with a hold-harmless
agreement, subject to the approval of the cit attorne A
certificate of insurance shall also be provided for the
duration of operations, a+ comprehensive general liabilitandautomobileliabilitinsuranwiththelimitsatleast
250 bodil injur and $100,000 propert damage
liabilit with the cit shown as an additional insured,
The applicant shall emplo proper precautions to preventadverseenvironmentalimpactsfromdust, dirt or water.
Erosion, dust, dirt, and sedimentation-control plans shall
be approved b the cit prior to excavation operations,
Silt fences shall be reinforced with ha bales and
maintained,
90 A sedimentation pond shall be installed and maintained at
the south end of the site,
10411 No noise from e is permitted before 7 asm, or after
5 Palms No activit is permitted on Saturda Sunda or
holida except during emergenc conditions and provided
that the cit is given prior notice and gives its approval,
All graded areas will be planted with ground cover
sufficient to hold the soil III
12. Final grading plans shat 1 be approved b the cit
13. The developer shall notif the cit of the start of
operations and upon completion,
14. The contractor and its insurance carrier shall arbitrate an
propert damage claims submitted b nearb propert owners
arising out of the excavation project) - The contractor
shall use the services of the Bureau of Mediation Services,1380 Energ Lane , St - Paul 9 Minnesota 55108 9 f or
arbitration. The cost of the mediation or arbitration shall
be the responsibilit of the contractor. The contractor
shall be responsible for the processing and finalization of
al I C I a i ms 9 and f or the cost thereof .
Kennard Street Mining
REFERENCE
Site Description
Size: 8.8 acres
Use: undeveloped propert
Surroundin Land Uses
North undevel oped propert
East: Birch Run Station--shopping center
South: med i cal -prof ess i ona I of f i c es
West: undeveloped hospital propert
PI ann i n.
October 11, 1989
Land use designation,: DC, diversified center
Zoning: BC, business commercial
2a Section 36-442 (b) of cit code states that approval of
conditional use permits shall be based on the ten findings
listed in the attached resolution.
jw
Attachments
1. Location map
2. Propert Line/Zonin Map
3. Letter
46 Resolution
5. Gradin Plan (separate attachment)
LOCATION MAP
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LOCATION MAP
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St. John's Hospital
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PROPERTY LINE / ZONING MAP
5 Attachment 2
N
KORRIDOR CAPITAL INVESTMENTS, INC.
910 FIRST &ANK PLACE WEST
120 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402
KC!
August 31, 1989
City of Maplewood
1830 East County Road B
napl ewood, MN 55109
Re. Conditional Use Application
Gentlemen:
TELEPHONE
612) 3:32 -1270
Korridor Capital Investments, Inc, is the owner of approximately 8.8 acres of
unimproved land located approximately 660 feet north of Beam Avenue between
St. John's Hospital and the new Maplewood Crossings. A copy of the survey and
legal description (Parcel A) is attached.
This property is vacant, uninproved land and is considerably higher in
elevation than the existing grades established for the St. John's Northeast
Hospital parking lot and for the new elevations of Maplewood Crossings and
Kennard Avenue.
Therefore,..Korridor would like to remove dirt, sand and soil, and establish
new grades for the property in accordance with the grading plan attached
hereto.
F. M. Frattalone Excavating & Grading, Inc. will be doing the removal of the
soil and the regrading which will entail the removal of the top soil, grading
to the proposed elevations, and then respreading the top soil and seeding the
same.
Inasmuch as this is excess soil that is above proposed elevations, the owner
would like to prepare the property for building and establish a proper grade,
as well as to sell off the excess soil.
There is no building contemplated on the property at the present time.
We submit a list of the property owners and their addresses within 350 feet of
the property.
We also enclose herein our check in the sum of $165, together with a $12
county recording fee, if- .uch is requ ed.
Yours uly,
I /
W i " ' itors
Chairman of the Board
WBK: sm
6 Attachment 3
Enc .
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Korridor Capital Investments, Inc. initiated a
conditionaluse permit for mining purposes at the following -
described property:
The Southwest Quarter of the Northeast Quarter of Section 3,
Township 29, Range 22, Ramsey County, Minnesota, except the
West 727.75 feet as measured at right angles to the West
line thereof. Also except that part of the South 660.00
feet as measured at right angles to the South line lying
East of the West 727.75 feet as measured at right angles to
the West line thereof.
Subject to and together with easements of record, if any.
WHEREAS, the.procedural history of this conditional use
permit is as follows:
10 This conditional use permit was reviewed by the
Maplewood Planning Commission on October 16, 1989. The
Planning Commission recommended to the City Council
that said permit be
2. The Maplewood City
November 13, 19890
mailed pursuant to
hearing were given
present written sti
considered reports
staff and Planning
Council held a public hearing on
Notice thereof was published and
law. All persons present at said
an opportunity to be heard and
atements. The Council also
and recommendations of the City
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
THAT the above- described conditional use permit be approved on
the basis of the following findings -of -fact:
1. The use would be located, designed, maintained,
constructed and operated to be in conformity with the
City's comprehensive plan and Code of Ordinances.
2. The use would not change the existing or planned
character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process,
materials, equipment or methods of operation that would
be dangerous, hazardous, detrimental, disturbing, or
cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water
or air pollution, drainage water run -off, vibration,
general unsightliness, electrical interference or other
nuisances.
7 Attachment 4
6. The use would generate only minimal vehicular traffic
on local streets and would not create traffic
congestion or unsafe access on existing or proposed
streets.
6. The use would be served by adequate public facilities
and services, including streets, police and fire
protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for
public facilities or services.
8. The use would maximize the preservation of and
incorporate the site's natural and scenic features into
the development design.
The use would cause minimal adverse environmental
effects.
Approval is subject to the following conditions:
Adoption of the attached resolution approving a conditional use
permit for the proposed mining operation. Approval is based on
the findings required by code and subject to the following
conditions:
1. Adherence to the 2 -28 -89 grading plan, unless a change is
approved by the city engineer.
2. This permit is good for one year It may be renewed by the
city council.
3. Truck traffic shall be restricted to Kennard Street and Beam
Avenue to access the site.
4* A structure or method of operation shall be employed to
remove excess dirt from truck bodies and tires prior to
exiting onto a public street. The contractor shall be
responsible for dust control and street sweeping to prevent
airborne particulates.
B. The applicant is responsible for any permits from other
agencies.
6. A $10,000 irrevocable letter of credit to insure compliance
with the permit conditions shall be submitted to the city
prior to issuance of the permit. This letter of credit
shall remain in effect for the duration of the permit.
0
7. The applicant shall furnish the city with a hold- harmless
agreement, subject to the approval of the city attorney. A
certificate of insurance shall also be provided for the
duration of operations, of comprehensive general liability
and automobile liability insurance, with the limits at least
250,000/$500,000 bodily injury and $100,000 property damage
liability, with*the city shown as an additional insured.
8. The applicant shall employ proper precautions to prevent
adverse environmental impacts from dust, dirt or water.
Erosion, dust, dirt, and sedimentation - control plans shall
be approved by the city prior to excavation operations.
Silt fences shall be reinforced with hay bales and
maintained.
9. A sedimentation pond shall be -installed and maintained at
the south end of the site.
10. No noise from equipment is permitted before 7 a.m. or after
5 p.m. No activity is permitted on Saturdays, Sundays or
holidays, except during emergency conditions and provided
that the city is given prior notice and gives its approval.
11. All graded areas will be planted with ground cover
sufficient to hold the soil.
12. Final grading plans shall be approved by the city.
13. The developer shall notify the city of the start of
operations and upon completion.
140 The contractor and its insurance carrier shall arbitrate any
property damage claims submitted by nearby property owners
arising out of the excavation project). The contractor
shall use the services of the Bureau of Mediation Services,
1380 Energy Lane, St. Paul, Minnesota 55108, for
arbitration. The cost of the mediation or arbitration shall
be the responsibility of the contractor. The contractor
shall be responsible for the processing and finalization of
all claims, and for the cost thereof.
Adopted this day of , 1989.
Planning Commission -2-
minutes 10 -16 -89
50 NEW BUSINESS
A. Conditional use Permit: Kennard St. (Korridor Capital
Investments, Inc.)
Ken Haider, Director of Public Works, presented the
staff report for this requested conditional use permit
for the extraction of approximately 100,000 cubic yards
of material from this site. Mr. Haider said the
conditional use permit is recommended for approval for
one year. At that time it would be presented to the
City Council for renewal. Mr. Haider said, based on
averages, this project could conceivably be completed
in one year but the time span would also depend on the
market demand for the dirt. A commissioner asked who
would monitor the streets to see if sweeping is
required. Mr. Haider said the Engineering Department
will monitor this project.
A representative of Korridor Capital Investments was
present at this meeting. The representative said the
applicant is in agreement with the nine conditions of
the conditional use permit resolution. He said they
would be excavating a maximum of 14 feet down, which
would be in the center of the excavation area.
Chairman Axdahl asked for comments from the public.
There were no comments.
Commissioner Sletten moved the Planning Commission
recommend adoption of the attached resolution approving
a conditional use permit for the proposed mining
operation. Approval is based on the findings required
by code and subject to the following conditions:
10 Adherence to the 2 -28 -89 grading plan, unless a
change is approved by the City Engineer.
2. This permit is good for one year. It may be
renewed by the City Council.
3. Truck traffic shall be restricted to Kennard
Street and Beam Avenue to access the site.
4. A structure or method of operation shall be
employed to remove excess dirt from truck bodies
and tires prior'to exiting onto a public street.
The contractor shall be responsible for dust
control and street sweeping to prevent airborne
particulates.
Planning Commission -3-
Minutes 10 -16 -89
5. The applicant is responsible for any permits from
other agencies.
60 A $10,000 irrevocable letter of credit to insure
compliance with the permit conditions shall be
submitted to the City prior to issuance of the
permit. This letter of credit shall remain in
effect for the duration of the permit,
7. The applicant shall furnish the.City with a hold -
harmless agreement, subject to the approval of the
City attorney. A certificate of insurance shall
also be provided for the duration of operations,
of comprehensive general liability and automobile
liability insurance, with the limits at least
250,000/$500,000 bodily injury and $100,000
property damage liability, with the City shown as
an additional insured. •
8. The applicant shall employ proper precautions to
prevent adverse environmental impacts from dust,
dirt or water. Erosion, dust, dirt and
sedimentation- control plans shall be approved by
the City prior to excavation operations. Silt
fences shall be reinforced with hay bales and
maintained.
9. A sedimentation pond shall be installed and
maintained at the south end of the site.
10. No noise from equipment is permitted before 7 a.m.
or after 5 p.m. No activity is permitted on
Saturdays, Sundays or holidays, except during
emergency conditions and provided that the City is
given prior notice and gives its approval.
11. All graded areas will be planted with ground cover
sufficient to hold the soil.
12. Final. grading plans shall be approved by the City.
13. The developer shall notify the City of the start
of operations and upon completion.
14. The contractor and its
arbitrate any property
nearby property owners
excavation prof ect) .
services of the Bureau
Energy Lane, St. Paul,
insurance carrier shall
damage claims submitted by
arising out of the
The contractor shall use the
of Mediation Services, 1380
Minnesota, 55108, for
Planning Commission -4-
Minutes 10 -16 -89
arbitration. The cost of the mediation or
arbitration shall be the responsibility of the
contractor. The contractor shall be responsible
for the processing and finalization of all claims,
and for the cost thereof.
Commissioner Cardinal seconded Ayes -- Axdahl, Ayers,
Barrett, Cardinal,
Fiola, Fischer,
Gerke, Larson,
Rossbach, Sigmundik,
Sletten
B. Conditi nal Use Permit: Cope Ave. & Atlantic St.
Lillie )
Secretary son presented the staff /
re
for this
requested c ditional use permit fo- story,
2,684- square oot veterinary clinicnditional use
permit would required because thic would be
within 350 fee of a residential diin an M -1
zone.
John Lillie, 1986 orth Prior, Ro eville, the
applicant, said he as aware of he potential problems
with barking dogs an would wo to prevent any noise
from becoming a proble for h's neighbors. Mr. Lillie
said there would not be any tside kenneling of
animals at any time. Mr. Lillie said he would only be
boarding animals for surge y or because of illness and
these animals would not b utdoors.
Guy Reithmeyer,
aYdn
tect 'th Con /Spec, asked staff
to explain the co of the staff recommendation
requiring renewal conditi nal use permit afte r
one year. Mr. Rer said th building would be
designed and cons to lessen ny noise problem
for the neighbors
Commission/eA
rs moved the Planning mmission
recommend ado on of the resolution gr a ting approval
of a condi use permit for a veterin ry clin ic at
the southerner of Atlantic Street an Cope
Avenue, ba the findings required by c e and
subject to ollowing conditions:
1. Ad rence to the site plan, date stamped September
2 1989.
It
oZ
MEMORANDUM
TO Cit ManaFROM*- Thomas Ekstrand, Associate PlannernSUBJECT: Conditional Use PermitLOCATION: Cope Avenue and Atlantic StreetAPPLICANT: con/Spec CorporationOWNER:John Lillie Jr.PROJECT TITLE: Lillie Veterinar ClinicDATE: October 9. '1989
SUMMARY
INTRODUCTION
Action by Council
Re acte
Date
The applicant is re a
ermitpprovalofaconditionalusepisrebecause
CUP) for a one-stor 21684-square-foot veterinar clinic. A CUPtheroposedbuildinwouldbewithin350feet0ofaresidentialdistic
pa 8.
ric Refer to the applicant's letter on
BACKGROUND
On Au 12, 1985, the City Council granted a CUP for an OfficebuildinonthesubjectpropertandfortheHaglundDental • clinio c
on the adjacent lt to the east. Because the propose use of theproperthasnowchaptoaveterinarclinic, the CUP for thissiteisnolonvalid,
1
On September 15, 1989, the C'tY of Maplewood approved a lot 0toseparatethissitefromtheHaglundDentalClinicsite,
it
Criteria.for Approval
Subsectio 36-442 (a) requires • that nine findin be made to grant
resolution on pa lo,
approval Of a CU Refer to the findings for approval in the
DISCUS
Staf has no concern with this proposal as lon as there is nooutdoorkennelinofanimalsandaslonasthereibarkindetectedOff-site,, s not any
RECOMMENDATION
Adoption of the resolution on page 10, rantin approval of a10, g ranting ppconditionalusepermitforaveterinaryclinicatthe southeast
corner of Atlantic Street and Cope Avenue, based on the findingsrequiredbycodeandsubjecttothefollowingconditions:
10 Adherence to the site plan, date stamped September 25 1989.
2. This permit shall be subject to review after one year from
the date of approval, based on the procedures in city code.
3. There shall not be any outdoor kenneling of animals.
4. There shall not be any noise from barking inside the
building hat .g can be heard at a residential property line.
CITIZEN COMMENTS
Staff mailed surveys to the 24 property owners within 350 feet fortheircommentsregardingthisproposalOftheeightrepliesfourwereinfavorandfourhadnocomment,
In Favor Comments
1. =t is a very reasonable usage for the property.
2. It is a good use of land and hopefully quiet neighbor. Wewant - a high be
a g
g berm and evergreen trees on the south side of the
building reaching to the dentist's property line. Also, thebuildingshouldbeconstructedofbricktomatchthedentistbuilding.
3. We would be in favor of this proposal as long as it notalsobeaboardingkennel. That the building be of ck and
conform to landscaping acceptable to the neighbors. EntrancebeonCopeAvenue, not Cope Court.
4. Refer to the letter on page 9.
Staff reply: Staff does not recommend reducing the proposednumberofparkingstallsastheletterrequests. The arkinp glotwouldbeadequatelyscreenedandtheextraspacesmaybeneededuponoccasion
3
REFERENCE
Site Description
I. Site size: 37,671 square feet
2. Existing Land Use: undeveloped
Surrounding Land Uses
Northerly: Cope Avenue and the Maplewood Racquetball Center
Southerly. Cope Court and single dwellings
Easterly: Haglund Dental Clinic
Westerly: Atlantic Street, a single dwelling and Handy Hitch
Plannn
1 Land Use Plan designation: LSC, Limited Service Commercial
2. Zoning: M -1, Light Manufacturing
3. Ordinance Requirements:
Subsection 36 -187 (b), requires that no building or exterior
use, except.parking, may be erected, altered or conducted
within 350 feet of a residential district without a
conditional use permit.
TE.LI LLI E 2
Attachments
10 Location Map
24 Property Line /Zoning Map
3. Site Plan
4. Applicant's letter
5. Letter from Roger and Alice Franz
6. Resolution
7. Plans date stamped September 25, 1989 (separate attachment)
4
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LAND USE PLAN
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PROPERTY LINE,/ ZONING MAP
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Attachment 2
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SITE PLAN
7- Attachment 3
4
N
John C. Lillie, Jr. DVM
1986 N. Pr Ave.
St. Paul, MN. 55113
City of Maplewood
1830 E. County Road B
Maplewood, MN 55109
Dear Sirs:
I intend to bui a,veterinary Hospital to provide medical surg
and dental care for pets. These services are not available 'e at this time in a
two mi radi of the proposed site. ! intend to run the hospi in an
organized and professi manner. The practice will consist of one
veterinarian and eventually wo to three more employees. .Y p yetis. The operational
hours will be S a m to 6 p m Monday thru Friday and g a m to 12 noon on
y
Saturdays. The practice will be run on an appoint 'pp meat bass, with 20
minute appointm from 9 a m til Noon and 2 m till .p p m, th5 shou 1 d
spread out the traf f i c f low to 4 - 5 cars er hour. The activiv 'p z ty level and
traffic f woul be similar to the Dental Facility to the East.
The constructi plans provide for an attractive building and
landscaping plans. The plans allow for similar construction and
landscaping as the Dental facility to the east, thus blending well with the
exi business and also surrounding homes.
The construction plans also address a major concern about
Veterinary Hospitals, noise. The construction plans call for sound
proof ing the kenne area of the hospital to the outside of the hospital as
well as the rest of the inside of the hospital. other factors that will ai d
in noise control are that there will be no outside kennel area also that
8 Attachment 4
there will be no boarding of animals. The on animals to be housed i nv the
facility are denta and surgicalca1 at i ents and sick angpmils. Both these
types of patients are quiet due to anesthesia or illness.
Another concern with medical facilities is disposal of medical
wastes. The medical wastes( needles syringes, y ges, b 1 ides, tissues and
infected bandages and dressings) will be disposedsosed ofp by the Veterinary
Hospital Association to a site cleared for incineration of these p roducts.
The waste is not placed i n the trash .
Odor is controlled in two ways, by removal of medical wastes b
the Veterinary Hospi Associati and cleaning roceedures necessaryy to
keep the facilities cl at a l y for ster
proceedures required at the Hospi
The site plans f or the bu i Wing and parkin g restrict the traf f i s f low
to the north and Cope Avenue away from existing ghousin and businesses.
The site plan also allows for the drainage of the site tog be to the north
and Cope Avenue.
i feel the proposed Veterinary Hospi and Practice will enhance
the property value of the area and the appearance of the site. The
construction plan will blend well with the exist busi Finallynally the
Veterinary Hospital will provide needed services to the people of the area
and their pets.
Sincerely,
0
all;'
n C. L i l l i e , Jr.
0
AO -T
00
loop "
ell
L.00I
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10 Attachment 5
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, John Lillie, Jr. initiated a conditional use permit
for a veterinary clinic at the following - described property:
That part of Block 13 and the vacated street and the vacated
alley in said Block 13, CLIFTON ADDITION, according to the
plat thereof, on file and of record in the Office of the
County Recorder, Ramsey County, Minnesota, described as
follows: Beginning at the southwest corner of said Block
13; thence North 0 degrees 44 minutes East, along the east
line of Atlantic Street, a distance of 277.04 feet to the
southwesterly line of proposed street; thence South 60
degrees 46 minutes East, along said southwesterly line, a
distance of 398.26 feet to the west line of the east 10 feet
of Lot 7, said Block 13, CLIFTON ADDITION; thence South 0
degrees 44 minutes West, a distance of 82.53 feet to the
south line of said Block 13; thence West 350 feet to the
point of beginning, excepting therefrom the following
described parcel of land:
That part of Block 13 and the vacated alley in said Block
13, CLIFTON ADDITION, according to the plat thereof, on file
and of record in the Office of the County Recorder, Ramsey
County, Minnesota, described as follows: Commencing at the
southwest corner of said Block 13; thence North 0 degrees 44
minutes East, along the east line of Atlantic Street, a
distance of 277.04 feet to the southwesterly line of
proposed street; thence South 60 degrees 46 minutes East,
along said southwesterly line, a distance of 228.09 feet to
the point of beginning of the parcel of land to be .
described; thence continuing along said southwesterly line,
a distance of 170.00 feet to the west line of the east 10
feet of Lot 7, said Block 13, CLIFTON ADDITION; thence South
0 degrees 44 minutes West, a distance of 82.53 feet to the
south line of said Block 13; thence West, a distance of
210.00 feet; thence North, at right angles to said south
line of Block 13, a distance of 53.78 feet; thence North 29
degrees 14 minutes 24 seconds East, a distance of 128.16
feet to the point of beginning.
WHEREAS, the procedural history of this conditional use
permit is as follows:
1. This conditional use permit was reviewed by the
Maplewood Planning Commission on October 16, 1989. The
Planning Commission recommended to the City Council
that said permit be
11 Attachment 6
6
1 0
20 The Maplewood City Council held a public hearing on
1989. Notice thereof was
published and mailed pursuant to law. All persons
present at said hearing were given an opportunity to be
heard and present written statements. The Council also
considered reports and recommendations of the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
THAT the above- described conditional use permit be approved
on the basis of the following findings -of -fact:
1. The use would be located, designed, maintained,
constructed and operated to be in conformity with the
City's comprehensive plan and Code of Ordinances.
2. The use would not change the existing or planned
character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process,
materials, equipment or methods of operation that would
be dangerous, hazardous, detrimental, disturbing, or
cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water
or air pollution, drainage water run -off, vibration,
general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic
on local streets and would not.create traffic
congestion or unsafe access on existing or proposed
streets.
6. The use would be served by adequate public facilities
and services, including streets, police and fire
protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for
public facilities or services.
8. The use would maximize the preservation of and
incorporate the site's natural and scenic features into
the development design.
9. The use would cause minimal adverse environmental
effects.
12
Approval_is subject to the following conditions:
10 Adherence to the site plan, date- stamped September 25,
1989.
2. This permit shall.be subject to.review after one earY
from the date of.approval, based on the procedures in
City code.
30 There shall not be any outdoor kenneling of animals.
4. There shall not be any noise from barking inside the
building that can be heard at a residential ro ertpp Y
line.
Adopted this day of , 19899
13
Planning Commission -4-
Minutes 10 -16 -89
arbitration. The cost of the mediation or
arbitration all be th responsibility of the
contractor. contr ctor shall be responsible
for the processi a finalization of all claims,
and for the cost t
Commissioner Cardin seconde Ayes -- Axdahl, Ayers,
Barrett, Cardinal,
a, Fischer,
Gerke, Larson,
Rossbach, Sigmundik,
Sletten
B. Conditional Use Permit: Cope Ave. & Atlantic St.
Lillie)
Secretary Olson presented the staff report for this
requested conditional use permit for a one - story,
2,684 - square -foot veterinary clinic. A conditional use
permit would be required because this clinic would be
within 350 feet of a residential district in an M -1
zone.
John Lillie, 1986 North Prior, Roseville, the
applicant, said he was aware of the potential problems
with barking dogs and would work to prevent any noise
from becoming a problem for his neighbors. Mr. Lillie
said there would not be any outside kenneling of
animals at any time. Mr. Lillie said he would only be
boarding animals for surgery or because of illness and
these animals would not be outdoors.
Guy Reithmeyer, an architect with Con /Spec, asked staff
to explain the condition of the staff recommendation
requiring renewal of the conditional use permit after
one year. Mr. Reithmeyer said the building would be
designed and constructed to lessen any noise problem
for the neighbors.
Commissioner Ayers moved the Planning Commission
recommend adoption of the resolution granting approval
of a conditional use permit for a veterinary clinic at
the southeast corner of Atlantic Street and Cope
Avenue, based on the findings required by code and
subject to the following conditions:
1. Adherence to the site plan, date stamped September
25, 1989.
Planning Commission -5-
Minutes 10 -16 -89
2 . This permit shall be subject to review after one
year from the date of approval, based on the
procedures in City code.
39 There shall not be any outdoor kenneling of
animals.
4. There shall not be any noise from barking inside
the building that can be heard at a residential
property line.
Commissioner Sigmundik seconded Ayes-- Axdahl, Ayers,
Barrett, Cardinal,
Fiola , Fischer,
Gerke, Larson,
Rossbach, Sigmundik,
Sletten
60 VISITOR ESENTATION
7. COMMISSION PRESENTA IONS
A. Council eet' g: October 9 & 12
Staff repo ed on the above Council meeting.
B. Represen ti e for the October 23 & 26 Council meeting:
Ralph S tten F
8. STAFF PRESE TATIONS
90 ADJOURNME T
Meeting djourned at 8:24 p.m.
Community Design Review Board -3-
Minutes 10 -12 -89
70 ite security lighting shall be provided and shall
b directed or shielded so not to cause any undue
gl a onto adjacent properties or roadway
8. if an adjacent property is disturbed property
irons emoved due to construction of a site,
that pr perty shall be restored and 'rons replaced
by the a plicant.
90 Grading, d \
bere
e and utility pl s shall be
subject to ity Engineer's proval.
10. All requirdscape areas all be continually
and properntained. Re ired plantings that
die shall laced by th owner with in one
year.
11. The spruce trees opose south of the parking lot
shall be at least ix f t tall.
12. A reflectorized stop ign and handicap parking
sign shall be provid
13. All public boulevar that is disturbed due to this
construction shall/ rl stored and resodded.
14. A building addr s shall be posted on the clinic.
15. The building terior shah be continually and
properly mai ained.
16. The.appli.ca t shall provide monetary guarantee,
in a form cceptable to staff, in the amount of
150% of t e estimated cost of ny site
improvem is that are not compl ted by occupancy.
The app cant shall also provid staff with proper
docume ation, to be approved by the City Attorney
which llows staff access onto th property to
finis work that may not be compl ted.
Boardmez3ber Holder seconded Ayes- -all
B. Design Review - Lillie Veterinary Clinic, East Cope
Avenue
Guy Reithmeyer, an architect with Con /Spec Corporation,
said he was in agreement with the conditions of the
staff report. John Lillie,, the owner of the project,
was present but did not have any comments.
Chairman Erickson asked for comments from the public.
Community Design Review Board -4-
Minutes 10 -12 -89
Joe Rulli, 1268 Cope Avenue, asked if dogs would be
boarded at this facility. Mr. Lillie said that dogs
would not be boarded at the Lillie Veterinary Clinic.
Mr. Rulli asked what materials are proposed.for this
building. Mr. Lillie said it would be a brick building
on the lower half with cedar on the top half.
Roger Franz, 1282 Cope Avenue, said he would like fewer
parking spaces. Mr. Franz asked if some of the future
parking spaces could be allowed for and landscaped to
be installed at a later time. Secretary Ekstrand said
they had allowed for more parking spaces than required
by code and four spaces could be omitted but, depending
on how it is designed, it may not necessarily create
more landscaped area. Mr. Ekstrand said omitting four
parking spaces would not require Review Board approval,
since it would still meet code.
Gary Gerke, 1252 Cope Avenue, said he would like to
have berming on the south side of the site where the
trees will be planted to eliminate problems with lights
shining into his house.
Boardmember Molin moved approval of plans date stamped
September . 1989, for the Lillie Veterinary Clinic,
subject to the following conditions:
10 Approval of plans by the Community Design Review
Board does not constitute approval of a building
permit.
2. Any outdoor trash dumpsters shall be stored in
screening enclosures with a 1000 opaque wooden
gate and shall be a color and material compatible
with the building. Enclosures shall be protected
by concrete- filled steel posts, or the equivalent,
anchored in the ground at the front corners of the
structure. If the enclosure is masonry, the
protective posts may be omitted.
3. Any exterior building or roof - mounted equipment
shall be decoratively screened and hidden from
view. Screening is subject to Board approval.
40 An erosion control plan, acceptable to the City
Engineer, shall be submitted prior to the issuance
of a building permit for erosion control during
construction.
Community Design Review Board -5-
Minutes 10 -12 -89
50 Parking.areas shall be striped in a double - stripe
hairpin" design and all bituminous areas shall
have continuous concrete curbing. The temporary
bituminous curb along the east edge of the parking
lot is not allowed. This curb shall be a
continuous concrete curb as required by code.
Parking lots shall be kept in a continual state of
repair. Parking stalls shall be at least 9.5 feet
wide.
6. If construction has not begun within two years of
approval, Board review shall be repeated.
7. Site security lighting shall be provided and shall
be directed or shielded so not to cause any undue
glare onto adjacent properties or roadways.
8. If any adjacent property is disturbed or property
irons removed due to construction of the site,
that property shall be restored and irons replaced
by the applicant.
90 Grading, drainage and utility plans shall be
subject to the City Engineer's approval.
10. All spruce trees shall be at least six feet tall.
11. All required plant materials that die shall be
replaced by the owner within one year. All
required landscape areas shall be continually and
properly maintained.
12. A reflectorized stop sign and a handicap parking
sign shall be provided.
130 All public boulevard that is disturbed due to this
construction shall be restored and resodded.
14. Proper building addresses shall be installed,
subject to the approval of the Fire Marshal.
15. The building exterior shall be continually and
properly maintained.
16. An in- ground sprinkling system shall be installed
for all landscaped areas.
17. The applicant shall obtain a conditional use
permit from the City Council.
Community Design Review Boa -
Minutes 10 -12 -89
18• The applicant shall provide a monetaryinaformacceptableto guarantee,
1.5 p staff, in the amount of0 of the estimated cost of an site
improvements thati Y
are not completed by occupancy.The applicant shall also provide staffff with properdocumentation, to be approved b the C'
which Y CAttorneyhallowsstaffaccessonto thePropertytofinishworkthatmaynotYbecompleted.
Boardmember Holder seconded Ayes - -all
CO Sign Pla Revision - Maplewoodp Commons, County Road D
Chris Galle of Robert Larson Partners •re nested a signthatis24suarefeet, rather than 10 quare feet.
Mack McCline o Sign Services said Ma lewood Commonstenantsneedth's sign for identity, SeEkstrandsaidon
Y Secretarypylonsignisgenrallyallowed erstreetfrontage, ut a 2 -s uare -f
p •
q of directional signwouldmeettheintntofthecode.
Boardmember Molin mo ed approval 24-square-footofa24 -s -directional si n sin e
q re foot
g t meet the intent of thecode, based on sign pl n of Se tember 10 1989
Boardmember Holder secoNed / Ayes - -all
D. Sign Plan Review - Crown iq za Rice Street
Norm Brody, representing o n Plaza Partnerrs said hefoundallofthecondltiosothestaffrecommendationacceptable, except the r quire ent that signsindividual) i g be
y illuminate since he pre -built Sherwin -Wzlliams cabinet sign ' a requi ement of the
said t
lease.Mr. Brody he pro osed sign 's similar in
appearance and the sa a size as t other ro osedtenantsignswhichae •p p
g individuall illuminated.
Chairman Erickson a ked for comments from the public.There were no comments.
Boardmember Hold moved approval of th comprehensivesignplanforCrwnPlaza, associated a omotive uses
P t
conditions:
and Burger King subject to the followin co
10 For
Vheso
tency, all wall si g ns for t e
Plaza Crown
dntsshallbeindivivally -il
i
uminatedlettxceptthattheSherwinWilliasbeaetsign. Sign
sign may
g g height shall nbt exceed361Signsshallnotextendcloserthan36
r
Agenda Item
AGENDA REPORT Action by Counai l
Endorsed
F R P • _ odif ed ,
F {-, _ ta. nt City Engineer Re j ected
r.:f{ f Datef`ti C` .. t. r-` F .. : . e. t t t 1. :w't.) t ") f ..,
t..t b . i fWl -
a .f., f r c:a , j c::.' c3 c;r .....c caring
10-1-E 6 1 .3
1 n t r`~ t d u C:
w..... . .a`..
f_ m lf in f for this `= proJ pct i attached. A reet•I:. :r.;., ec_ct i on ^t
o t..tt ionofcoooQ o
p ive agreement with Ramsey COUnt1 •: t: : h e d q `'
a <Ei
F -1 copy f the October 1989 agenda report i s attached -for
R r..: mmend7t: a r.r11.
I t 1 <, . that the attachedtached re OI t..tt i on should be cdo top dp
8z
r- tt C hmen
o
T29N,a22w L /T TL E CANADA
l 49
19118
25
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F SanjLlXo/c /u
HEARING AREA
COUNTY ROAD H
RICE BT to i200 feet EAST
PROJECT 89 -03
C j
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BELMONT L
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I
AGENDA ITEM
kczion by Council:
AGENDA REPORT
Endo .. c d ._
Mo d. if i e d_,._.
TO: City Manager Rei e ct e d.._.._.....
Cl M: Assistant Cityt Engineer DateFROM: y
SUBJECT COUn t y Road B, Rice Street to 1200 East, Project 89--(; )!' * *;
Schedule Pub 1 i c Hearing
MATE October , 1989
I n t rod U c t ion
Trans( n i tted herewith is the feasibility report for the Subject
project. A resol ut ion to schedUl e a prb l i c hearing is attached .
i
Bcactoground
The feasibility report was prepared by a consUl taut engineer for
Ramsey County . The cities of Posevi 1 1 e and Little Canada have
approved the proposed project. The proposed improvement in
Maplewood is for a. 5(_) foot wide street with add i.t i ona l turn 1 an e
for northboUnd Rice Street. A map of the hearing area is
attached.
Mapl ewood's 1 ocal . share cost , payabl e to Ramsey County, of the
proposed improvements is estimated to be $6 ,0000 for concrete cUr t) .
an.d gutter and associated, indirect costs.. With costs for
necessary city staff time included, the total local cost i r
4:? 1500 There are two properties affected with total frontage of
10 8.3 feet. At an assessment rate of $7.30 per front foot, all
of the local share costs would be recovered through special
assessment . The proposed assessments are summar i ed as follows:
Proposed
F'.I .N . F.F. Assessment
i8-- 9-- ?- ?- -c.tt .8 1 163( - -) 00
i 8- ^9-- ^- -22-00 13 E304,5 1 87t
Total 1038.3 :t.7 15 C) 0 . C) C)
Recommendation
It is recommended that a PUbl is hearing be scheduled for November
13, 1989.,
BAI
Jw
Attachments .
RESOLUTION
ACCEPT I NG REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, the city engineer for the City of Map l ewood has
been authori ;z ed and directed prepare a report with ref erenc
to the improvement of County Road B- --Rice to 1 ^c_ 0 feet east, City
Project by constrUCt i on of b i tLim i nOUS. street with concrete
CLtrb and gutter , and
WHEREAS , the said city engineer has prepared the aforesaid
report for the improvement herein described:
hiOW ,THEREFORE, BE IT RESOLVED BY THE C.I T Y COUNCIL OF
MAPLEWOOLi , MINNESOTA, as f o l l o w s :
1 The report of the city engineer adv i s i ng ths coUnC 1 * l
that . the proposed improvement on . County Road B-.-Rice to 1 ^0ci f eat
east, City Project 89--0 , by constriction of b i tum i noes street
W th concrete Curb and gutter is feasible and shoUl d best be made
as proposed , is hereby received..
The council w i l l consider the aforesaid improvement i n
acc- ordance with the reports and the assessment of benefited
property for all or a portion of the cost of the improvement
according to MSA Chapter 4'W29, at an estimated total cost of the
improvement of 1 , 917 C) :) .
30 A pUb l i c hear^ i ng will be hel d in the caunc i 1 chambers
of the city hall t 183:) East County Road B on Monday, the 13th
day of November^ , 1989, at. 8 1 c p.m. to consider s a i d improvement .
The city clerk shall give mailed and publ ished notice ref said
hearing and improvement as regU i red . by law,
4
PAGE 1 OF 1 D/P NO. 6015 -10 -05 -1989
PROJECT N0. 89 -05 CO RD B:RICE.ST /1200 EAST
PROJECT SUMMARY
SEC- -1 B— T- -29- -R- 22- -QQ -22 2 PARCELS ASSESSED
ITEM QUANTITY PER RATE ASSESSMENT
STREETS 1, 028. 380 FF.AT ****$70300 EA.7, 507. 17
GRAND TOTALS 2 PARCELS ASSESSED
ITEM QUANTITY PER RATE
iw.rrrrr
ASSESSMENT
rr'rrwr.r
STREETS
w.Miw.rr.w
1 FF AT * ** *$7.300 EA. =7,, 5071 17
TOTAL AMOUNT ASSESSED FOR THIS PROJECT =7 17
PAGE 1 OF 1
10 -05 -1989
PROJECT NO.89 -05 CO RD B :RICE ST/ 1200 EAST
D / P N0. 6015
ASSESSMENT ROLL
ITEM. QUANTITY PER.RATE ASSESSMENT
STREETS -?3. 84Q FF AT7.3Q0 EA.1, 634. 03
TOTAL ASSESSMENT 1 03
i —29-22-22-0012
STREETS **** ** *804.EF AT 7x300 EA. _5, 1.4
TOTAL ASSESSMENT 5,873. 14
2 PARCELS ASSESSED GRAND TOTALS
STREETS * * * ** 1, 028.380 FF AT 7. EA. =7 507. 17
TOTAL AMOUNT , ASSESSED FOR THIS PROJECT 7 507. 17
RESOLUTION
OR IMPROVEMENT AF TER ,F UAL I HEARINGNG
IIERE'At , after dui not of cbcor:,.tr {c t z can of b i tum
p t i c hearin on the
nocs _..street w i t h concrete curb and gutterC) I - ) Cot.. t
f -
L - .y Fr.: ........ Ri ce StreC) , t r rt r :i. r. -
0 1 .: ..} c_ e e t e a s t , City Project . rjr .a :i d improvement in accor,d »
9
A t..t 1 y 7 a. v c:: r - ,, ,,: t ca t.. 'I t c e w i t h the not . t~: tyheIcal. on M.ond , November : . c'C 0t..cnr .t. l rrif he; r-' , 1 , and •the.d l 1 persons desiring to be heard nnfI > f ti 1 y cor i der~d _ n the matterthesame;
I \I r.:l w , T H E t E FORE , E IT RESOLVEDVED B Y THE CITY COUNCIL OF11PLEW(: Fj , PI.-INNESOTA, as f 01 1 ow.s .
advisa , exp and necessary thattyfIap *I f2wood construct b.' Y t!"et1tuminoesstreetwith
Ie
concrete cUand , c a (..( t te rr c. n County r bRoadB --Ric streetIr`" ,i e'c: 'R:. 3 9 - r :} : .. t o 1 ^ c c feet east , tdescribedInthe y
o notice of heari thereofrr. r { : I r: s t o 1:1 e made.,
n a d
Th e rnt yar is hereby author i z ed to e; ecute a cooagree(nerl w :r I• mseY County f perk x eYorthemakingofsaidim
3 e proJec..t bud et
proJec.:: _ a. +..
g is amended to $7,•t00 M00 , Thec::.:r. n g I a l 1. as f ca 1 I o w s : 1( - - )C)7. s e a
Agenda ltE -.r(n -'
AG.ENDA REPORT
Action by Council*
Endorsed
TO: City Ivlanager ModifI" ed,.
Rejected
FROM Assistant City Engineer~ Date-
SUBJECT: W r^s•;: ho..t ~ wer fan n ec c ntto Lower. A f t c. r-i
Road , Pr ect 89-08-- Award of B i d
DATEO November 6, 1989
Bids for the SUbject, project are to be rece on Mond y pNovember13, 1989. A tabulation of bids and recommer d czA w a r d o fb :d wx 1 1 be presented at the coUnc i 1 meeting,
BAI
i
Permit and
Act by Counc :t
ei.ccted.... ,
Date
The City Council, on October 23, 1989, considered a rrenewalofaconditionalusepermitrequest for
p tat 2683 Geranium Avenue forceramicclassesinthehome. The City ouncilMs. Hechtel apply for a •
Y requested ted thatPPyhomeoccupationlicensesothattheconditionalusepermitcouldbeterminated,
BACKGROUND
January 25, 1988: The City Council approved this conditionalati
pp ndltlonal usepermithomeoccupationonforoneyearsubjecttocompliancewithsection36oftheCityCodeandallfiresafetyrequirements. Y
ORDINANCE PROVISIONS
Subsection 36 -446 (a) "The City Council may suspend o
roved y p r terminatethepermitiftheapprovedconditionshavebeenviolatedortheuseisnolongerinoffect . if
DISCUSSION
The applicant is in compliance with the conditions of atheCUP. A. f.re ins action was mad
approval for
a by the Fire Marshal and theclassroommeetsthefirecode. Staff is not aware ofwiththisuse, any problems
While the grounds for this termination are not i '
re
included in code,the applicant is agreeing ei.ng to lt.
RECOMMENDATION
1. Termination of the conditional use permit at 2 683 Geraniumeran1umAvenueforahomeceramicsclassbusiness.
2e Approval of a home occupation license for Ms . Lou He
classes a
Hechtel toholdceramicclastGeraniumAvenueforoneyear,subject to compliance with the licens req 'g nts insection17 - 21 of the Cit code and all fire safety requirements.
MEMORANDUM
TO:City ManagerFROM:Shawn Bernier, Planning InternSUBJECT:Termination of Conditional Use
Home Occupation License
LOCATION:2683 Geranium Avenue
APPLICANT:Ms. Lou Hechtel
PROJECT:Ceramics Classes
DATE:October 30, 19 89
SUMMARY
INTRODUCTION
Permit and
Act by Counc :t
ei.ccted.... ,
Date
The City Council, on October 23, 1989, considered a rrenewalofaconditionalusepermit request for
p tat 2683 Geranium Avenue forceramicclassesinthehome. The City ouncilMs. Hechtel apply for a •
Y requested ted thatPPyhomeoccupationlicensesothattheconditionalusepermitcouldbeterminated,
BACKGROUND
January 25, 1988: The City Council approved this conditionalati
pp ndltlonal usepermithomeoccupationonforoneyearsubjecttocompliancewithsection36oftheCityCodeandallfiresafetyrequirements. Y
ORDINANCE PROVISIONS
Subsection 36 -446 (a) "The City Council may suspend o
roved y p r terminatethepermitiftheapprovedconditionshavebeenviolatedortheuseisnolongerinoffect . if
DISCUSSION
The applicant is in compliance with the conditions of atheCUP. A. f.re ins action was mad
approval for
a by the Fire Marshal and theclassroommeetsthefirecode. Staff is not aware ofwiththisuse, any problems
While the grounds for this termination are not i '
re
included in code,the applicant is agreeingei.ng to lt.
RECOMMENDATION
1. Termination of the conditional use permit at 2 683 Geraniumeran1umAvenueforahomeceramicsclassbusiness.
2e Approval of a home occupation license for Ms . Lou He
classes a
Hechtel toholdceramicclastGeraniumAvenueforoneyear,subject to compliance with the licens req 'g nts insection17 - 21 of the Cit code and all fire safety requirements.
Attachments:
1. Location Map
2. Property Line Zoning Map
SBHOMEOCC
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MATCH LINE
3C
L6C
LOCATION MAP
3
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4 Attachment 2
C;Z,
Action by Council:
Endorsed
TO: City Manager Modified.FROM: Director of Community Development -
Plat: Pei ectedSUBJECT: Preliminaryy t: Sheryl's.AdditionDATE. November 6, 1989 Date
The City Council, on October 23 tabled action on the applicationforpreliminaryplatandalleyvacationforSheryl's Addition to
get additional information on the drainage plan. A report fromtheassistantcityengineerisattached.
RECOMMENDATION
Approve the recommendation in the October 16 staff reportattached) with the following additional condition added to thepreliminaryplatconditions:
e. Deed. restrictions shall be filed with the final plat for lots34, 5 and 6 requiring that roof gutters be .installed on thehousesthatdischargerun-off to the front of the lot,
MEM015
Attachments:
10 Memo: Bruce Irish
2. Staff report: October 16
MEMORANDUM
TO: Geoff Olson
FROM: Bruce Irish
SUBJECT: Sheryl's Addition
DATE: November 6, 1989
The attached revised grading plan for Shervl~s Addition was
received. Potential problems associated with previous lack of
grading on Lots 1, 2, and 3 are dealt with in the revised grading
plan. The tree removal area necessitated by this grading is
hiS@hlighted. At the time the grading permit is given, silt or
snow fencing at the perimeter of grading will be required to
protect trees.
With regard to the potential drainage problem associated with the
depression in the south part of Lot 5, the developer has
submitted the attached percolation tests. The soil is
characterized as moderately slow permeability. In this case it
is appropriate to require a restrictive covenant for Lots 3, 4
5, and 6, mandating that roof gutters be installed on the houses
that discharge to the front of the lot, which drains to Cope
Avenue. This situation will be comparable to that of the
existing situation. The more costly and disruptive pipe or
filling options are not warranted if additional drainage to the
hole is minimized by restrictive covenants.
From an engineering viewpoint, the revised proposal is acceptable
if restrictive covenants for Lots 3, 4 5, and 6 are received.
BA I
J^*
Attachment
Sol •EARTH SCtCE
20620 JUNO AVE. NO.
FOREST LAKE, MN 55025
DE LMA R He S C HWAN Z
LAND SURVEYORS INC.
14 750 SOUTH ROBERT STREET _
RO MN 55065
RE: PERCOLAT I TEST HOLES
L OCAT I ON : PROPOSED LOT 5 — BLK . i SHERYL' S ADDS COPE AVE
CITY OF MAPLEWOOD , MN .
ATT MR. S C HWAN Z,
DEAR MR., SCHWANZ ,
AT YOUR REQUEST TWO PERCOLATION TEST HOLES WERE CONDUCTED ON
A PROPOSED LOT IN THE SUBDIVISION TO BE KNOWN AS SHERYL' S
ADDITI LOCATED ON COPE AVE. CITY OF MAPLEWOOD s MN.
THE TWO PERCOLATION TEST HOLES WERE CONDUCTED IN A LOW DISH
AREA TO THE REAR OF THIS PROPOSED LOTS (SOUTH)
THE TWO PERCOLATION TEST HOLES CONDUCTED INDICATE A
ODERATLY SLOW PREMEAB I L I TY UNDER THESE PRESENT CONDITIONS.
PRIOR TO CONDUCTING THE TESTS, BOTH TEST HOLES WERE
PRESOAKED AND LEFT TO SWELL OVER A EIGHT HOUR PERIODS
PERCOLATION TEST HOLE P -1 INDICATES AN AVERAGE RATE OF 53 . S
MPI . .
PERCOLATION TEST HOLE P -2 INDICATES AN AVERAGE RATE OF 62 w B
MPI
GENERAL VEGATAT I ON IN THIS DISH AREA DOES NOT INDICATE AN
ACTUAL POND AREA. WATER MAY STAND IN THIS AREA DURING HEAVY
RUNOFF OR SNOW MELT WHEN THE GROUND IS FROZEN,
CONSTRUCTION OF NEW HOMES WITHIN THIS AREA, OR ON THE LOTS
NEXT TO THIS PROPOSED LOT MAY DIRECT ADDITIONAL RUNOFF INTOTHISAREA,
IT WOULD BE I N M Y OP I NON , THE SOILS TESTED IN THIS AREA ARESLOWLYDRAINEDBUTNOTIMPERVIOUSASTODRAINAGE*
CONT .
C ONT .
THE PROPOSED LOT CORNERS WERE LOCATED ON THIS LOT BY OTHERS
AND .OBSERVED WHEN CONDUCTING THESE TWO PERCOLATION TEST
HOLES AS DI RECTED.
THE TWO TEST HOLES ARE IDENTIFIED BY RIBBONED LATH STAKED
ONSITE.
ENCLOSED IS TEST HOLE LOCATION DRAWING AND PERCOLATION TEST
HOLE DATA. THIS TESTING INFORMATION SHOULD BE SUBMITTED TO
THE CITY OF MAPLEWOOD ENGINEER FOR FORMAL REV I EW .
S -I NCERELY ,
H WEAVER - MPCA. CERT. # 551
EARTH SCIENCE TESTING
20620 JUNO AVE . NORTH
FOREST LAKE, MN, 55025
Aft xI 47'
Z " )"Ae co *TAO I 7 O4 4,945 _ w ol",q
THE RESULTS OF THESE SOIL TESTS DOES NEITHER APPROVE OR
DISAPPROVE THIS SITE AS TO CONSTRUCTING A STRUCTURE OR
INSTALLING AN ONSITE SEWAGE TREATMENT SYSTEM:
THIS TESTING INFORMATION SHOULD BE SUBMITTED TO THE
APPROVING OFFICIALS FOR REVIEW AND APPROVAL„ WHILE THE
TESTING AREA 13 STAKED CLEARLY ONSITE fOR INSPECTION:
BY* • H. (HEAVER
MPCA. CERT:
NO, *551
DATE: Ao o c77/ 9 9
PROFESSIONAL SOIL TESTERS
SINCE 1977
0
PRELIMINARY PLAT OF -
96 Nny
fi
SH E R YL" S ADDITION
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16 ~ D I.P. WATER NORTH LINE OF SETA OF SW IA SEG 'j 1Wy '
F COPEM.H. W
W 6_ D.I. P. WATER
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Lot • . -. - - • • ,. , ,. •'• ' -
1
accruded vacated alle Coua ogetW With thenorthhalfofthe .
Y, R aty, !'liiilQt '
Date Of preparation:• u1y 18 _ _J 1989 -... t • .
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FOREST LAKE PAN,55QZ5
433.2890
PERCOLATION' .TEST ZATA
Slldt )tL,s Aoo. Cry o0f - w..4P4X woe4
TEST HOLE LOCATI'01 Zol" • / 'N0 •/S ,a
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TEST HOLE PREPARED. aci ` gy sy._ BOTTOM DEPTH '3& N
TEST ,HOLE DIAMETER.-
TEST HOLE SOIL . PROF I. LE : TEXTURE:
4 4
PERCOLATION TESTS BY: H .IIC"VER - MPCA . # 551
AM
START : -r- 4Pc2Qc .
TIME : 2: O•d 6" IN. H2O CROP LEVEL REMARKS: ..
EARTH S C f
20620 AVE. No:
FMACISr- LAKE; ti iV: SSQQ'$'w433-2890'
PER COLS. tI ON TEST DATA
t 11#14 11#1#
SeEoC14S A490. C 17-y
TEST HOLE L0 CAT I ! 14: LOTS• 040d; / N0. # x•02
TEST HOLE PREPARED: o? G Oc?" /94`2 BOTTOM D '2 "
TE 'ST - HOLE C} T;t1E : G "
TEST HOLE SOIL PROFILE:TEXTURE
e O m24 •
PERCOLATION TESTS BY H .lCHV ER - htPLA . * 551
Ohl
START: O c'T". i 4FMp
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Lot le Block 1., SMITH AND TAYL N' 11IU I'I'I?N T(:) 1 hereby certit ttnorthhalfoftheaccrudedvacate.]
NURTfI SAINT PAUL, together with the p epsredbymeay, F amsey county, Minnesota. that i •m • duly F
the 18ws Of the StDateofpreparation: July ]p, 198q
Proposed use: R -1 (Single family residential) .
Total Area: 1-84 acres
ebb
tindArciround It it it y informat i sh)wn is per city plantsprotortwj:
A
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT /OWNER:
PROJECT TITLE:
DATE:
City Manager
Ken Roberts, Associate Planner
Alley Vacation and Preliminary
Cope Avenue, between Ariel and
Willard Morton
Sheryl's Addition
October 16, 1989
Plat
German Streets
SUMMARY
INTRODUCTION
The applicant is requesting the approval of a preliminary plat for
seven single - dwelling lots and the vacation of an unused alley.
Defer to the maps on pages 5 and 6 and the applicants' letter on
page 7,0
BACKGROUND
August 1985: Nancy Anderson (the former property owner) petitioned
the City Council for the improvement of Cope Avenue.
Summer 1989: Cope Avenue was constructed from Ariel Street to
Hazel Street,
DISCUSSION
Alley Vacation
The property owners on both sides of the alley have requested its
vacation. It is not needed for traffic circulation or ro ertpp Y
access. The northerly one -half, however, is needed to plat the
property into seven lots.
Preliminary Plat
The platting of this property appears straight forward. The seven
single dwelling lots meet all requirements for width and area.
The streets and utilities were installed with the Cope Avenue
public improvement project. Additional g gradin must be done on
the low area along the south lots lines of lots 4 and 5 for
drainage purposes. This will probably result in the removal of
some the trees.
RECOMMENDATION
1. Approve the resolution on page 8 to vacate the alley between
German and Arie.l.Streets, south of Cope Avenue.
Approval is in the public interest because:
a.. The adjoining properties have adequate street access.
b. This alley segment is not needed for area traffic
circulation or emergency vehicle access.
CIO The alley right -of -way is not needed and Maplewood'spolicyhasbeentovacatealleyrights -of -way whenever
Possible,
2 Approval of the preliminary plat, subject to the followingcond ' tions being satisfied before final plat approval
a. Approval of the final grading, drainage and erosion
control plans by the city Engineer.
b. The grading plan shall .include a proposed building ad
elevation and contour ginformationforeachhomesite.
Housing styles shall be illustrated which minimize grading
on sites that contain trees to be preserved. Deviation
from this approved grading plan may be permitted b Y the
City Engineer, provided that the intent of the overall
grading plan is complied with.
C* Submit a signed developer's agreement with the required
surety. for erosion •y n control and any tree planting requiredtotheCityEngineer.
d. Approval of a tree removal and planting lan by the
Director o gfCommunityDevelopment. This plan must-
illustrate trees over eight inches in diameter that are
to be removed, those that are to be retained, and those
that are to be replanted.
2
REFERENCE
SITE DESCRIPTION
Net Area: 1.84 acres
Existing Land Use: undeveloped
SURROUNDING LAND USES
North: Cope Avenue, City water tower and undeveloped property
zoned R -2, Double Dwelling District
East: Aries. Street and single. family home sites in North St. Paul
South: Unused alley to be vacated and a single - family home on a
2.1 acre parcel
West German Street and undeveloped property zoned R -1, Single
Dwelling Residential
PLANNING
Land Use Plan Designation: RL, Low Density Residential
Zoning: R -1, Single Dwelling Residential District
Attachments
1. Location Map
2. Property Line /Zoning Map
3. Sheryl's Addition Preliminary Plat
4. Letter: Kloes
5. Alley Vacation Resolution
kenrmemo0
3
LOCATION MAP
4 ATTACHMENT 1
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PROPERTY LINE /ZONING MAP
5 ATTACHMENT 2
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7 Attachment 4
VACATION RESOLUTION
WHEREAS, Millard Morton, Tom and Denise Kloes initiatedproceedingsto - vacs gate the public interest in the alley between
German and Ariel Streets, south of Cope Avenue.
WHEREAS, the following adjacent properties are affected:
Lots One and Two, Block One, Smith and Taylors Addition to
North St . Paul
WHEREAS, the procedural history of this vacation is as
follows:
1. A majority of the owners of property abutting said
alley have signed a petition for this vacation;
2. This vacation was reviewed by the Planning Commission
on October 2, 1989. The.Planning Commission
recommended to the City Council that this vacation be
approved.
3.The City Council held a public hearing on October 23,1989 to consider this vacation. Notice thereof was
published and mailed pursuant to law. All personsP
present at this hearing were given an opportunity to be
heard and present written statements. The Council also
considered reports and recommendations of the citystaffandPlanningCommission.
WHEREAS, upon vacation of the above- described alley, publicinterestinthepropertywillaccruetothefollowing-describedabuttingproperties:
Lot One, Block One and Lot Two, Block One, Smith and TaylorsAdditiontoNorthSt. Paul.
Attachment 5
E'?
T
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council
that it is in the public interest to grant the above - described
vacation on the basis of the following findings of fact:
1. The adjoining properties have adequate street access.
2. This alley segment is not needed for area traffic
circulation or emergency vehicle access.
30 The alley right -of -way is not needed and Maplewood's
policy has been to vacate alley rights -of -way whenever
possible.
Adopted this day of , 1989.
9
Planning Commission -3-
Minutes 10 -2 -89
COMMILSsio a dinal seconded -= Axdahl ,
Barrett, Cardinal,
ola, Fischer,
Larso , mundik,
Sletten
Be, Alley Vacation and Preliminary Plat: Sheryl's Addition
Ken Roberts, Associate Planner, presented the staff
report for this requested preliminary plat for seven
single- dwelling lots and the vacation of an unused
alley.
Donald Campbell, surveyor and representing the
applicant, said the grading on this site was done in
conjunction with another project and the final grading
is complete at this time. Mr. Campbell said they would
comply with all of the conditions of the staff
recommendation.
Commissioner Fischer moved the Planning Commission
recommend:
1. Approval of the resolution to vacate the alley
between German and Ariel Streets, south of Cope
Avenue.
Approval is in the public interest because:
a. The adjoining properties have adequate street
access..
b. This alley segment is not needed for area
traffic circulation or emergency vehicle
access.
C* The alley right -of -way
Maplewood's policy has
rights -of -way whenever
2. Approval of the preliminary
following conditions being
plat approval:
is not needed and
been to vacate alley
possible.
plat, subject to the
satisfied before final
a. Approval of the final grading, drainage and
erosion control plans by the City Engineer.
b. The grading plan shall include a proposed
building pad elevation and contour
information for each home site. Housing
styles shall be illustrated which minimize
10
Planning Commission -4-
Minutes 10 -2 -89
grading on sites that contain trees to be
preserved. Deviation from this approved
grading plan may be permitted by the City
Engineer, provided that the intent of the
overall grading plan is complied with.
c. Submit a signed developer's agreement with
the required surety for erosion control and
any tree planting required to the City
Engineer.
d. Approval of a tree removal and planting plan
by the Director of Community Development.
This plan must illustrate trees over eight
inches in diameter that are to be removed,
those that are to be retained, and those that
are to be replanted.
Commissioner Sletten seconded Ayes -- Axdahl,
Barrett,
Cardinal,
Fiola, Fischer,
Larson,
Sigmundik,
Sletten
CO. 1357 ope Avenue (Corner Kick Soccer)
P rking Authorization
Co itional Use Permit
Secretary son presented th staff report for
this reques d conditional se permit for a 3,066 -
square foot a dition prop ed on the front of the
Corner Kick In or Socce Center. City Council
authorization fo 151 fewer parking spaces is also
requested. Secre ary lson said the majority of
the neighbors' co e s objected to any future
liquor license bei issued to this business.
A commissioner a ed 'f liquor
Maplewood /
el
Gated d3acent
propertiesff said liquor
be adja cenh as adj fining
residentiaerties, b t the
on the sam et.
establishments in
to residential
establishments may
back yards) to
ere are none located
Tom Hope, the owner of the pr6perty, said he did
not wan the condition prohibi 'ng the sale of
alcoho c beverages included in e
recom endation. Mr. Hope said he id not have to
be a specific as he has been about'-.,future use of
11
MEMORANDUM
Action by Council, .3
Endorsed
TO: City Manager Modified°, ..
FROM.: Director of Community Development Pe j ected
SUBJECT: Truth -in -Sale of Housing Ordinance Date
DATE: November 2, 1989
SUMMARY
INTRODUCTION
The City Council asked the Housing and Redevelopment Authority
1HRA) to consider the adoption of a truth -in -sale of housing
ordinance. This type of ordinance requires the disclosure or
correction of housing maintenance code violations as a condition
of the sale of a residential property. The purpose of this type
of ordinance is to disclose code violations and other housing
defects to prospective buyers. If code compliance is included,
there is the additional benefit of improving the City's housing
stock and maintaining property values.
ALTERNATIVES
There are three alternatives:
1. Disclosure Only
Independent inspectors would document housing code
violations and other defects, but compliance would not be
required. The inspection report would have to be made
available when a residential building is shown and a copy
given to a buyer. This system is used by St. Paul, South
St. Paul and Minneapolis.
2. Disclosure and Compliance as a, Condition of Sale
The Cities of New Hope and St. Louis Park use this
alternative. Richfield is considering a similar ordinance.
City inspectors do all the inspections and require
compliance as a condition of a sale. If code violation
cannot be corrected before the closing, an agreement between
the buyer and seller to do the work later must be submitted
to the city. 'These cities use city inspectors, rather than
independent inspectors to do all the inspections. The
insurance for independent inspectors may not cover code
compliance.
3. Disclosure as a Condition of Sale, with Comuliance Later
This alternative is a hybrid of the first two and is
recommended by staff on a trial basis for one year.
Independent inspectors, hired by the homeowner, would
disclose code violations and other housing defects. When
the disclosure report is filed with the City, a City
inspector would contact the owner to arrange for code
compliance. The sale of the house, however, would not be
conditioned on compliance.
DISCUSSION
Truth -in- housing would help to protect home buyers and could help
to maintain the quality of housing in the City, particularly if
code compliance is included. A disclosure only program relies on
the owner's discretion for code compliance. Given the older age,,
the larger number of homes and the larger number of code
violations in the central cities, a disclosure only system is
probably the only practical program for the central cities. The
trend in the suburbs is to include code compliance to avoid the
housing problems of the central cities.
The problem is in how to implement code enforcement. St. Louis
Park'and New Hope use city inspectors for all inspections.
Richfield is considering hiring housing inspectors. Maplewood
would have to do the same if we were to do all the inspections.
The proposed ordinance is a compromise. It relies on independent
inspectors to prepare a disclosure report, which includes City
code requirements. City inspectors," however, would do the
follow -up work for any code enforcement needed. Since the
Maplewood housing code for single dwellings only covers the
exterior property and dwelling, the enforcement work may be
limited enough to be handled by existing personnel. This program
should be tried for one year and reevaluated to determine if
existing city personnel have been able to handle the extra work
and whether we have been able to achieve compliance without tying
it to the sale of the house.
RECOMMENDATION
10 Adopt the attached truth -in- sale of housing ordinance
and reevaluate it after it has been in effect for One
year.
2. Adopt the attached resolution on page 14 establishing a
15 filing fee for each report.
2
REFERENCE
RESOURCE PERSONS
1. Minneapolis, St. Paul, South St. Paul, New Hope and St.
Louis Park have adopted some type of truth -in- housing
code. Each of these communities has had their code in
effect for at least ten years. These cities are
convinced that their codes have improved routine
maintenance of property. They also believe that they
have resulted in.the correction of numerous small
deficiencies that could have led to larger problems.
The requirement for disclosure of deficiencies to the
code has also been. well received by perspective home
buyers.
29 Staff also spoke with Keith Holm, the Vice President of
the Minnesota Board of Realtors. Mr. Holm supports any
effort on the part of cities to require disclosure of
code deficiencies, provided that the responsibility for
any undisclosed problems does not transfer to the real
estate agent.
3. In the 1988 session of the legislature, a bill was
introduced by Representative Alice Johnson of Spring
Lake park regarding housing disclosure. The proposed
law would require every seller of residential property
to complete a disclosure questionnaire form and
warranty that to the best of their knowledge there are
no other problems than those noted with the property.
The bill, however, did not get much support and is
currently dead. Representative Johnson said that she
may introduce the hill again in the future but she is
not sure when that might be. The housing inspector for
New Hope believes that this law would complement their
code compliance inspection program, because some code
deficiencies are not detectable by an inspector.
LAWSUITS
An inspection cannot guarantee that a major problem will not
occur. The inspector can only respond to the items that can be
seen. Even though the disclosure report clearly states that no
guarantee is being made by the inspector, if a major problem
arises, the buyer will likely attempt to recover damages from the
seller, realtor and the City, particularly if the inspector is
City employed. Both New Hope and St. Louis Park have been sued
because an undetected problem arose after the buyer took
possession. However, neither of these cities was held liable for
damages because the inspectors made a reasonable attempt to
disclose the deficiencies in these dwellings.
ENFORCEMENT
Enforcement of a requirement for a housing inspection, prior to a
home being shown to a perspective buyer will be difficult, at
least until the code's existence is common knowledge among
realtors. Sales that involve a contract- for -deed may never be
able to be discovered until after the fact, if then. However,
once the housing inspection requirement is common knowledge, the
real estate sales industry should be able to be relied upon for
enforcement. The St Paul Board of Realtors estimates that about
60 to 70 percent of the sales in the St. Paul area are handled by
realtors. A housing inspection is in the realtor's interest,
because its existence may reduce their liability exposure in the
event a problem does arise after the sale of a property.
Advertisement of the housing inspection requirement in the City's
newsletter, sewer bill inserts and sale -by -owner magazines should
improve compliance among persons who choose not to sell their
property through a realtor. Minneapolis reports 100% compliance
in better neighborhoods and 70% to 75% in poorer neighborhoods.
Inspections
St. Paul, Minneapolis and South St. Paul use city - licensed,
independent inspectors for disclosure inspections. The average
cost to the homeowner ranges from $80 to $110. If these cities
were to require follow -up compliance inspections, the paid by
the seller to the -independent contractor would at least double,
possibly triple, depending upon the number of follow -up
inspections needed. There are no delays in inspections. St.
Paul has 42 licensed inspectors. Minneapolis has 65. St. Paul
receives 4,500 to 6,000 truth -in- housing reports each year. New
Hope and St. Louis Park use city employees to administer their
programs. These communities subsidize the cost of their
programs. They each charge $35 per property inspected. In St.
Louis Park, an inspector is kept busy on a full -time basis with
housing inspections while in New Hope a certified building
inspector charges about one -half of her time to their program.
About 250 to 300 inspections are made in New Hope each year. The
City's annual subsidy for this service is estimated to be about
10,000 to $12,000.
Structures Inspected 'in Other Cities
The code in New Hope applies to all residential units. The St.
Paul code applies to single dwellings, townhouses, condominiums
and mixed uses with two or fewer residential units. St. Louis
Park and Minneapolis cover only single and double dwellings.
South St. Paul's code only applies to single dwellings.
4
Emphasis of Code
Code Compliance:
The New Hope and St. Louis Park codes require the correction of
all cited code deficiencies before the sale of a residential
property, unless an agreement is reached with the buyer to assume
responsibility. In which case, a compliance date for
reinspection after possession by the buyer is set up which gives
the buyer time to make the required repairs4 Richfield is
considering a similar ordinance. The age of Maplewood's housing
is similar to that of New Hope and St.. Louis Park. These cities
use this program primarily to upgrade and maintain their housing
stock.
Disclosure Versus Compliance.
South St. Paul, St. Paul and Minneapolis have chosen not to
require the disclosed deficiencies to be corrected. Code
compliance may not be cost- effective in many cases due to the age
and number of dwellings. Because of the potential for
significant code deficiencies, these cities adopted their codes
to inform unsuspecting. home buyers of any major deficiencies
before a financial commitment is made. These cities believe that
once code deficiencies are disclosed, the sale price will be
adjusted accordingly and the purchasers may take care of the
problems on their own.
TRUTH.MEM
mb
Attachments
1. Truth -in- Sale -of- Housing Ordinance
20 Resolution for Fees
3. Owner - occupied Housing Maintenance Code
4. Rental Housing Maintenance Code
5. St. Paul's disclosure form
A ORDINANCE .INTO.
An Ordinance Concerning °Truth -in- Sale -of- Housing
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Article XII, Truth -in- Sale -of- Housing. Ordinance, is
hereby added to Chapter 9 of the Code of Ordinances.
Article XII. Truth -in- Sale -of- Housing Ordinance.
Sec. 9 -235., Purpose.
The purpose of this article is to protect the public health,
safety and welfare and_ to promote decent, safe and sanitary
dwelling accommodations by requiring the disclosure of code
deficiencies and housing information and defects as a condition
of the sale of housing. Information on code deficiencies would
then be used by City inspectors to require compliance.
Sec. 9 -236. Definitions.
For the purpose of this article, the following terms are defined
as follows:
Contractual agreement: An agreement, written or otherwise,
between a buyer and seller for the conveyance of, or the
intent to convey, all or part of a housing unit or
residential building. A contractual agreement shall
include, but not be limited to, an earnest money contract,
deed or purchase agreement.
Housing unit: A single dwelling, a double- dwelling unit, a
townhouse unit, a condominium unit (as defined by Minnesota
Statutes), or any other attached housing unit designed for
the occupancy of one family.
Owner: A person having a vested interest in the housing
unit or residential building in question, including his or
her duly - authorized -agent or attorney, before a sale.
Sale: The conveyance a housing unit or residential
building to a new owner.
Residential building: A building containing one or more
housing units.
Sec. 9 -237. Applicability.
This article shall not apply to any newly constructed housing or
residential building when the title is conveyed to the first
owner, except that no owner shall convey or contract to convey a
newly- constructed housing unit or residential building without
first providing to the buyer:
0
10 A list of the names, addresses and telephone numbers of all
of the contractors and subcontractors who constructed the
building.
2* The items in Section 9 -238 (b) (2) (c,, e, f, g, h and i) .
Sec. 9-238. Truth -in -Sale of Housing Disclosure Report.
a) An owner shall not show a housing unit or residential
building to a prospective buyer without publicly
displaying. and making available a truth -in -sale of
bousing.di.srclosure report at the housing unit or
residential building at the time of showing. In
addition, a contractual agreement shall not be executed
without a copy of the disclosure report being issued to
the buyer. A copy of such report must be filed with
the City to be valid.
b) A housing disclosure report shall be on a form from the
City which includes:
1) A disclosure by a City - certified housing inspector
of violations of all City ordinances pertaining to
existing housing and any other specified housing
defects. Such ordinances shall include, but not
be linited to, owner- occupied or rental housing
maintenance codes, siding ordinances, junk removal
and hazardous buildings.
2) A signed statement by the owner that includes the
following information:
a. Any damage to the housing unit or building or
its contents by flooding or sewer backup due
to flooding, and any evidence of chronic
water seepage of which the owner has
knowledge.
be The nature, extent and cause of any water
seepage or flooding of any portion of the
property of which the owner has knowledge.
c Whether or not there are pending housing
orders from the City regarding the property.
d. Whether there is a homestead classification
in regard to real estate taxes payable.
e. Any other known defects or problems that are
not visible or apparent.
f. Any deed restrictions or covenants running
with the property.
N
g. Whether the property is subject to the City's
pipeline, shoreland or flood plain ordinances
h. The location and status of all known wells,
including a map, stating whether the well is
in use or abandoned and sealed.
i. Whether the property is adjacent to a high -
voltage transmission line. If so, the.
disclosure form shall include the following
statement: "The subject property is located
near a high- voltage electric transmission
line. Purchasers should be aware that there
is ongoing research on possible potential
adverse health effects caused by the exposure
to a magnetic field generated by high - voltage
lines. Although much more research is needed
before the question of whether magnetic
fields actually cause adverse health effects
can be resolved, the basis for such an
hypothesis is established. At this time no
risk assessments have been made."
c) A truth -in -sale of housing disclosure report shall be
valid for no more than one year from date of approval
by the City. However, if the City finds that the
circumstances of occupancy following the issuance of
such report involve possible substandard maintenance or
abnormal wear and tear, a new inspection may be
required by the Director of Community Development in
order to maintain a valid report.
Sec. 9 -239. Limitations.
a) In making a housing inspection, it shall be assumed
that any concealed facilities that are not viewed are
adequate, based on the functional operations of the
facilities and the condition of the equipment that is
viewed; no other warrant isexpressed or implied.
b) Nothing in a truth -in -sale of housing disclosure report
shall be deemed to indicate that a residential building
or housing unit meets all minimum building standards or
that the report in any way may constitute a warrant of
the condition of the housing evaluated. The inspector
warrants that he or she has utilized reasonable care
and diligence in inspecting the building and has found
no instances of noncompliance with the items contained
in the report or with applicable items contained in
City Code, except as specifically stated therein.
Sec. 9-240. Certificate of Competency.
E'1
a) No person shall fill out a truth -in -"sale of housing
disclosure report without possessing a valid
certificate of competency, issued by the City. The
City will only approve housing inspectors that have
passed competency.tests as truth -in-- housing evaluators
in the cities of Minneapolis or St. Paul. The housing
I inspectorsmust submit -certif. cation -papers to the City
of Maplewood from the city where they are certified as
truth -in- housing evaluators.. Each inspector must also
be licensed.in the City of Maplewood.. The. City of
Maplewood may then issue a certificate, of competency
which is valid for.one year. The City may issue
renewals of all such certificates. Incase any
certificates of competency shall lapse for a period of
one year or more, then,it shall be necessary for the
person who held such certificate to reapply to the City
for renewal of such certificate. No holder of a
certificate of competency shall allow said certificate
to be used by another person.
b) The City Council may revoke the certificate of
competency of a housing inspector for.cause. Written
notification sent to the mailing address used in his or
her application for the certificate of competency shall
be sent to the inspector at least ten days before the
hearing listing the date, time and place of hearing and
of the specific reasons for the. suspension. The
Community Development Director may, at his or her
discretion, suspend the certificate of competency of a
housing inspector pending a suspension hearing.
Sec 9 --2 41. Housing Evaluation Fees.
The City Council shall establish by resolution, from time to
time, a fee schedule for filing of truth -in -sale of . housing
disclosure reports with the City.
Sec 9-243, Enforcement .
Anyi- failure b the owner to comply with the requirements of thisY
article shall constitute a violation of the Code and a
misdemeanor. In addition, if a house is sold without complying
with this article, the current owner shall be required to bring
the housing unit or residential building into compliance with
appl- icable City Codes. The previous owner shall pay for these
costs.
Section 2. This ordinance.shall take effect on April 1, 19900
A
RESOLUTION: FILING FEE
WHEREAS, the City Council has approved a Truth-in- Sale -of-
Housing Ordinance; and
WHEREAS, such ordinance requires the filing of certain forms
which require administrative time.
NOW, THEREFORE, BE IT RESOLVED that a fee of $15 for each
truth -in sale housing disclosure report be required at the time
of filing.
Adopted this day of , 198 9 .
10 Attachment 2
ARTICLE VII. OWNER OCCUPIED
HOUSING MAINTENANCE CODE
Sec. 9 -130. Short title.
This article shall be cited as the owner occupied housing mainte-
nance code. (Ord. No. 496, § 215.010,1- 22 -81)
Sec. 9 -131. Purpose.
The purpose of this article is to establish minimum standards for
the maintenance of exterior areas of owner occupied housing, as
well as interior areas of attached owner occupied dwellings. The
general objectives shall include the following:
1) To protect the character and stability of residential proper-
ties within the city;
2) To correct and prevent housing conditions that adversely
affect or are likely to adversely affect the life, safety, general
welfare and health, including the physical, mental and social
well -being of persons occupying dwellings within the city;
528
11 Attachment 3
BUILDINGS AND BUILDING REGULATIONS § 9 -134
3) To provide minimum standards for the maintenance of ex-
isting residential buildings and to prevent deterioration and
blight. (Ord. No. 496, § 215.020,1- 22 -81)
Sec. 9 -132. Applicability and scope.
This article shall apply to exterior areas of owner occupied dwell-
ings and interior areas of attached owner occupied dwellings. The
construction, repair or alteration of residential property shall com-
ply with the provisions of this article and the building and zoning
codes. (Ord. No. 496, § 215.030,1- 22 -81)
Sec. 9 -133. Rules of construction.
For the purposes of this article, the following rules of construc-
tion shall apply:
1) Words used in the present tense include the future; words in
the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
2) Where terms are not defined in this section and are defined
in the building bode or zoning code, they shall have the
meanings ascribed to them in the building code or zoning
code.
3) Where terms are not defined in this article or in the building
or zoning code, their common dictionary definitions shall
apply. (Ord. No. 496, § 215.040 22 -81)
Sec. 9 -134. Definitions.
For the purposes of this article, the following words, terms and
phrases shall have the meanings respectively ascribed to them by
this section:
Approved, as applied to a material, device or method of construc-
tion, shall mean approved by the enforcement officer under the
provisions of this article, or approved by other authority designated
by law to give approval in the matter in question.
Attached dweUings shall mean two (2) or more dwelling units
phycaliy attached in construction such as condominiums, town-
houses, double dwellings and quads.
529
12
9-134 MAPLEWOOD CODE
Building code shall mean the building code of the city, including
the fire code.
Dwelling unit is a single unit providing complete, independent
living facilities for one or more persons, including permanent provi-
sions for living, sleeping, eating, cooking and sanitation.
Enforcement officer shall mean the city manager or his author -
ized representative.
Exterior property areas shall. mean open space on the premises
under the control of owners of such premises.
Extermination shah mean the control and elimination of rodents,
or other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their feed, by poi -
son spraying,. fumigating, trapping or by another recognized and
legal pest elimination method.
Owner shall mean owner or owners of the freehold of the premises
or lessor estate therein.
Premises shall mean a lot, plot or parcel of land including the
building or structures thereon.
Workmanlike shall mean the standards of the trade or industry
involved. (Ord. No. 496, § 215.040,1- 22 -81)
reas reference —Rules of construction and definitions generally, § 1 -41 et seq.
Sec. 9 -135. Exterior property areas.
a) Sanitation. All exterior property areas shall be maintained in
a clean and sanitary condition, free from any accumulation of refuse
or garbage.
b) Free from noxious weeds and pests. All exterior property
areas shall be kept free from species of weeds or plant growth,
rodents, vermin or other pests which are noxious or detrimental to
the public health. (Ord. No. 496, § 215.050,1- 22 -81)
Sec. 9 -139. Exterior of structures.
a) The exterior of all structures and accessory structures includ-
ing detached garages, shall be maintained in a workmanlike state of
maintenance and repair.
530
13
BUILDINGS AND BUILDING REGULATIONS 9 .139
b) Every exterior wall shall be free of holes, breaks, loose or
rotting boards or timbers, falling or loose stucco or brick, or sub-
1 stantial amounts of peeling paint.
r ,
c) All doors and windows shall be maintained in good repair, fit
reasonably well within their frames, and be free of open breaks or
holes. (Ord. No. 496, § 215.060,1 22 - 81)
Sec. 9 -137. Interior areas of attached owner occupied
dwellings.
a) The interior of every dwelling shall be maintained in clean
and sanitary condition, free of accumulations of garbage and refuse.
b) The interior of every dwelling shall be maintained free from
infestation of noxious insects, rodents and other pests.
c) All plumbing .systems shall be properly installed, connected
and maintained in good working order, and must be kept free from
obstructions, leaks and defects.
d) The storage of hazardous flammable liquids shall be prohib-
ited (Oral. No. 496, § 215.070,1- 22 -81)
Sec. 9 -138. Vacated dwellings.
The owner of any dwelling which has been declared unfit for
human habitation or which is otherwise vacant for a period of sixty
60) days or more, shall make same safe and secure so that it is not
hazardous to the health, safety and welfare of the public and does
not constitute a public nuisance. Any such dwelling open at doors
and windows, if unguarded, shall be deemed to be a hazard to the
health, safety and welfare of the public and a public nuisance within
the meaning of this article. Upon failure of the owner to comply, the
city may have such dwelling made safe and secure and assess the
cost to the owner. (Ord. No. 496, § 215.080,1- 22 -81)
Sec. 9 -139. Hazardous building declaration.
If a dwelling has been declared unfit for human habitation and
the owner has not remedied the defects within a prescribed reason -
able time, the dwelling may be declared a hazardous building and
treated consistent with the provisions of state law. (Ord. No. 496, §
215.090,1- 22 -81)
531
14
1
r
9 -140 MAPLEWOOD CODE
Sec. 9 -140. Enforcement officer.
It shall be the duty of the enforcement officer to enforce the
I provisions of this article. (Ord. No. 496, § 215.100,1- 22 -81)
k1H
Sec. 9 -141. Inspection of dwellings generally.
The enforcement officer shall be authorized to make or cause to
be made inspections to determine the condition of dwellings and
a premises in order to safeguard the health, safety and welfare of the
public. The enforcing officer, or his designated representatives, shall,
with the permission of the owner, be authorized to inspect the
exterior areas of any premises and the interior areas of attached
r, dwellings at any reasonable time for the purpose of performing his
duties under this article. If the owner, operator or person in posses-
Sion of the dwelling shall refuse to consent to the inspection and
there is probable cause to believe that a violation exists on that
particular premises, a search warrant may be obtained. (Ord. No.
496 § 215.110,1- 22 -81)
Kj
Sec. 9-142. Compliance order.
Whenever the enforcement officer determines that any dwelling
or the premises, fails to meet the provisions of this article, he may
issue, a compliance order setting forth the violations of the article
and ordering the owner, occupant, operator or agent to correct such
violations.' This compliance order shall:
1) Be in writing;
2) Describe the location and nature of the violations of this
article;
3) Establish a time for the correction of such violation and
DO tify of appeal recourse;
4) Be served upon the owner. Such notice shall be deemed to be
properly served upon such owner if a copy thereof is:
a. Served upon him personally; or
b. Sent by registered or certified mail; or
c. Upon failure to effect notice through a. and b. as set out
in this section, posted at a conspicuous place in or about
the dwelling which is affected by the notice. (Ord. No.
496, § 215.120,1- 22 -81)
532
i
15
BUILDINGS AND BUILDING REGULATIONS § 9 -93
Secs. 9- 77- -9 -90. Reserved.
ARTICLE VI. RENTAL HOUSING
MAINTENANCE CODE
s
Sec. 9 -91. Short title.
This article shall be cited as the rental housing maintenance code.
Ord. No. 486, § 214.010 6 -5 -80)
Sec. 9 -92. Purpose; objectives.
The purpose of this article is to assume a minimum level of
standards and levels of maintenance for rental housing in the city.
The general objectives shall include the following;
1) To protect the character and stability of residential proper-
ties within the city.
2) To correct and prevent housing conditions that adversely
affect or are likely to adversely affect the life, safety, general
welfare and health, including the physical, mental and social
well -being of persons occupying dwellings within the city.
3) To provide minimum standards for cooking, heating and
sanitary equipment necessary to the health and safety of
occupants of the buildings.
4) To provide minimum standards for light and ventilation,
necessary for health and safety.
5) To provide minimum standards for the maintenance of ex-
isting residential buildings, and to thus prevent deteriora-
tion and blight. (Ord. No. 486, § 214.020, 6 -5 -80)
Sec.. 9 -93. Applicability and scope.
This article shall apply in the city to rental housing only. The
construction, repair or alteration of residential property shall com-
ply with the provisions of the rental housing maintenance code. Any
alterations thereof or changes of use therein, which may be caused
direcitiy or indirectly by the enforcement of this Code, shall be done
in accordance with applicable sections of the building code and
zoning code.. (Ord. No. 486, § 214..030,6-5-80)
511
t
16 Attachment 4
19-94 MAPLEWOOD CODE
Sec. 9 -94. Rules of construction.
For the purposes of this article, the following rules of construc-
tion shall apply:
1) Words used in the present tense include the future; words in
the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
2) Where terms are not defined in this article and are defined in
the building code or zoning code, they shall have the mean-
ings ascribed to them in the building code or zoning code.
3) Where terms are not defined in this article or in the building
or zoning code, their common dictionary definitions shall
control.. (,Ord. No. 486, § 214.040(1) —(3), 6 -5 -80)
Sec. 9 -95. Definitions.
For the. purposes of this article, the following words, terms and
phrases shall have the following respective meanings ascribed to
them by this section:
Approved, as applied to a material, device or method of construc-
tion, shall mean approved by the enforcement officer under the
provisions of this article, or approved by other authority designated
by law to give approval in the matter in question.
Basement is that portion of a building between floor and ceiling,
which is-partly below and partly above grade, but so located that the
vertical distance from grade to floor below is less than the vertical
distance from grade to ceiling.
Building. code shall mean the building code of the city, including
the fire code.
Cellar is that portion of the building between floor and ceiling
which is wholly or partly below grade and so located that the verti-
cal distance from grade to floor below is equal to or greater than the
vertical distance from grade to ceiling.
Dwelling unit is a single unit providing complete, independent
living facilities for one or more persons, including permanent provi-
sions for living, sleeping, eating, cooking and sanitation.
512
17
I
t
BUILDINGS AND BUILDING REGULATIONS § 9 -95
Enforcement officer shall mean the city manager or his author-
ized representative.
Exterior property areas shall mean open space on the premises
under the control of owners or operators of such premises.
Extermination shall mean the control and elimination of insects,
rodents or other pests by eliminating their harborage piAces, by
removing or making inaccessible materials that may serve as their
feed, by poison spraying, fumigating, trapping or by another recog-
nized and legal pest elimination method.
Grade shall mean the vertical location of the ground surface.
Gross floor area is the sum of the horizontal areas of the several
floors of all buildings on a lot, measured from the exterior faces of
exterior walls or from the center line of walls separating two (2)
buildings.
Habitable space (room) is space in a structure for living, sleeping,
eating or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility apace, and similar areas are not considered habit-
able space.
Infestation shall mean the presence, within or contiguous to a
dwelling or premises, of noxious insects, rodents, vermin or other
pests.
Multiple dwelling. a building or portion thereof containing two
2) or more dwelling units.
Occupant shall mean any person living and sleeping in a dwelling
unit or having actual possession of said dwelling or rooming unit.
Openable area shall mean that part of a window or door which is
available for unobstructed ventilation and which opens directly to
the outdoors.
Operator shall mean any person who has charge, care or control
of a multiple residence or rooming house, in which dwelling units or
rooming units are let or offered for occupancy.
Owner shall mean owner or owners of the freehold of the premises
or lesser estate therein, a mortgagor or vendee in possession, as-
signee of rents, receiver, executor, trustee, lessee or other person,
513
IT:]
1 9 -95 MAPLEWOOD CODE
firm or corporation in control of a building, including their manag-
ers and agents.
Person shall mean an individual, firm, corporation, association or
partnership.
Plumbing plumbinglumbing fixtures shall mean water heating facili-
ties, water pipes, gas pipes, garbage disposal units, water closets,
waste pipes, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes- washing machines or other similar equip-
ment, catch basins, drains, vents, or other similarly supplied fix-
tures, together with all connections to water, gas, sewer or vent
lines.
Premises shall mean a lot, plot or parcel of land, including the
building or structures thereon.
Rental dwelling. Any building or portion thereof which is desig-
nated or used primarily for residential purposes, which is rented or
leased to another and not owner- occupied.
Residence building shall mean a building in which sleeping ac-
commodations or sleeping accommodations and cooking facilities as
a unit are provided.
Residential ro erty shall mean a building in which sleepingPP
accommodations or sleeping accommodations and cooking facilities
as a unit are provided.
Rooming house shall mean any residence building, or any part
thereof, containing one or more rooming units, in which space is
rented by the owner or operator to three (3) or more persons who are
not husband or wife, son or daughter, mother or father, sister or
brother of the owner or operator.
Rooming unit shall mean any room or group of rooms forming a
single habitable unit used or intended to be used for living and
sleeping, but not having standard kitchen facilities.
Sup shall mean installed, furnished or provided by the owner
or operator. _
Ventilation shall mean the process of supplying and removing air
by natural or mechanical means to or from any space.
514
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i
BUILDINGS AND BUILDING REGULATIONS § 9 -97
Workmanlike. Whenever the words "workmanlike state of main -
tenance and repair" are used in this chapter, they shall mean the
standards of the trade or industry involved.
Yard shall mean all ground, lawn, court, walk, driveway or other
open space constituting part of the same premises as a residence
building. (Ord. No. 486, § 214.040(4), 6 -5 -80)
Cross reference —Rules of construction and definitions generally, § 1 -41 et seq.
Sec. 8 -86. Exterior property areas.
All properties in the city under this article and the owners thereof
shall comply with the following requirements:
1) Sanitation. All exterior property areas shall be maintained
in a clean and sanitary condition, free from any accumula-
tion of refuse or garbage.
2) Grading and drainage. All premises shall be graded and
maintained so as to prevent the accumulation of stagnant
water, except in natural occurring ponding areas on said
premises, or within any building or structure located thereon.
43) Removal of snow and ice. The owner of a multiple family
dwelling shall remove, or cause to be removed, all snow and
ice from parking lots, driveways, steps and walkways on the
prem which may create a hazard to the public.
4) Free from noxious weeds. All exterior property areas shall be
kept free from species of weeds or plant growth which are
noxious or detrimental to the public health.
5) Insects and rodents. Every owner of a dwelling shall be
responsible for the extermination of noxious insects, rodents,
vermin or other pests in all exterior areas of the premises.
6) Accessory structures. All accessory structures, including de-
tached garages, shall be maintained structurally sound and
in good repair. (Ord ... No. 486, § 214.060,6-5-80)
7) .
4 ,l
See. 9 -97. Exteriors of structures.
All properties in the city under this article and the owners thereof
shall comply with the following requirements:
515
20
9 -97 MAPLEWOOD CODE
1) Foundations, walls and roofs. Every foundation, exterior
wall, roof and all other exterior surfaces shall be maintained
in a workmanlike state of maintenance and repair:
a. The foundation elements shall adequately support the
building at all points.
b. Every exterior wall shall be free of holes, breaks, loose or
rotting boards or timbers, falling or loose stucco or brick,
substantial amounts of peeling paint and any conditions
which might admit moisture to the interior portions of
the walls or to the interior spaces of the dwelling.
c. The roof shall be tight and have no defects which admit
rain, and roof drainage shall be adequate to prevent rain
water from causing dampness in the walls.
2) airs, porches and railings.
a. Every outside stair, every porch and every appurtenance
attached thereto shall be so constructed as to be safe in
use and capable of supporting a load as determined in
the building code, and shall be kept in sound condition
and good repair.
b. Every flight of stairs which is more than four (4) risers
high shall have hand rails which are to be so located as
determined by the building code; and every porch which
is more than eighteen (18) inches above grade shall have
rails so located and capable of restraining a horizontal
pressure, as determined by the provisions of the build-
ing code.
3) Windows, doors and hatchways. Every window, exterior door
and hatchway shall be substantially tight and shall be kept
in sound condition and repair.
a. Every window shall be fully supplied with window panes
which are without open cracks or holes.
b. Every window sash shall be in good condition and fit
reasonably tight within its frame.
c. Every window, other than a fixed window, shall be ca-
pable of being easily opened and shall be held in an open
or closed position by window hardware.
516
400 JOR
21
f BUILDINGS AND BUILDING REGULATIONS 69-98
d. Every exterior door, door hinges or door latch shall be in
good condition.
e. Every exterior door, when closed, shall fit reasonably
well within its frame. '
f. Every window, door and frame shall be constructed and
maintained in relation to the adjacent wall construc-
tions, as to exclude rain, and substantially to exclude
wind from entering the dwelling.
g. Every hatchway shall be so constructed and maintained
as to prevent the entrance of rodents, rain and surface
drainage water into the dwelling.
h. Every door available as an exit in a dwelling shall be
capable of being opened from the inside, easily and with -
out the use of a key, or special knowledge or effort. (Ord.
No. 486, § 214.070
Sec. 9 -98. Interior structures.
All occupied dwellings in the city under this article shall meet the
following requirements:
1) Free from dampness. All cellars, basements and crawl spaces
shall be maintained reasonably free from dampness to pre-
vent conditions conducive to decay and deterioration of the
structure.
2) Structural .members. The supporting structural members shall
be maintained structurally sound; that is, showing no evi-
dence of deterioration and being capable of bearing; imposed
loads in accordance with the provisions of the building code.
3) Interior stairs and railings.
a All interior stairs shall be maintained in sound condi-
tion and good repair by replacing treads and risers that
evidence excessive wear or are broken, warped or loose.
Every inside stela shall he so constructed and maintained
as to be safe to use and capable of supporting a load, as
determined by the provisions.of the building code.
b. Every stairwell and every flight of stairs, which is more
than fou_ (4) risers high, shall have handrails or railings
so located in accordance with the provisions of the build-
ing code.
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9 -98 MAPLEWOOD CODE
c. Every handrail or railing must be firmly fastened and
must be maintained in good condition. Properly secured
railings, capable of bearing normally unposed loads as
determined by the building code, shall be placed on the
open portions of the stairs, balconies, landings and
stairwells.
4) Bathroom floors. Every toilet room floor surface and bath-
room floor surface shall be constructed and maintained so as
to be substantially impervious to water and so as to permit
such floor to be easily kept in a clean and sanitary condition.
C35 Sanitation. The interior shall be maintained in a clean and
sanitary condition, free from accumulation of refuse or garbage.
6) Insect and rodent harborage. The owner of every dwelling
shall be responsible for the extermination of noxious insects,
rodents, vermin or other such pests whenever an infestation
exists in the interior of the dwelling.
7) Interior- walls, floors, ceilings and woodwork. All interior
walls, floors, ceilings and associated woodwork or trim must
be maintained in a sound condition and in a workmanlike
repair. (Ord. No. 486, § 214.080,6-5-80)
Sec. 9 -98. Basic facilities.
The following facilities shall be required in every occupied dwell-
ing unit in the city under this article:
1) Kitchen facilities. Every kitchen shall include the following:
a. A kitchen sink in good working condition, properly con-
nected to an approved water supply system, which pro-
vides at all times an adequate amount of heated and
unheated running water under pressure, and which is
connected to an approved sewer system.
b. Cabinets or shelves for the storage of eating, drinking
and cooking equipment and utensils and for food that
does not require refrigeration for safekeeping; and a
counter or table for food preparation. Said cabinets or
shelves and counter or table shall be adequate for the
permissible occupancy of the dwelling unit and shall be
of sound construction, finished with surfaces that are
518
23
BUILDINGS AND BUILDING REGULATIONS § 9 -99
easily cleanable and that will not impart any toxic or
deleterious effect to food.
c. A stove or similar device for cooking food, and a refrig-
erator or similar device for the safe storage of food,
which are properly installed with all necessary connec-
tions for safe, sanitary and efficient operation; provided
that,. such stove, refrigerator or similar devices need notR
be installed when a dwelling unit is not occupied and
when the occupant is expected to provide same on occu-
pancy, in which case sufficient space and adequate con-
nections for the installation and operation of said stove,
refrigerator or similar device must be provided.
2) Toilet facilities. Within every dwelling unit there shall be a
nonhabitable room with an entrance door which affords pri-
vacy to a person within said room and which room is equipped
with it Bush water closet in good working condition. Said
flush water closet shall. be equipped with easily cleanable
surfaces, shall be connected to an approved water system
that at all times provides an adequate amount of running
water under pressure to cause the water closet to operate
properly, and shall be connected to an approved sewer system.
3) Lavatory sink. Within every dwelling unit there shall be a
lavatory sink. Said lavatory sink may be in the same room as
the . nush water closet, or if located in another room, the
lavatory sink shall be located in close proximity to the door
leading directly into the room in which said water closet is
located. The lavatory sink shall be in good working condition
and shall be properly connected to an approved water supply
system and shall provide at all times an adequate amount of
heated and unheated running water under pressure and shall
be connected to an approved sewer system. Water inlets for
lavatory sinks shall be located above the overflow rim of
these facilities.
4) Bathtub or shower Within every dwelling unit there shall be
a room which affords privacy to a person within said room
and which is equipped with a bathtub or shower in good
working conditions. Said bathtub or shower may be in the
same room as the flush water closet, or in another room, and
519
24
19-99 MAPLEWOOD CODE
shall be properly connected to an approved water supply
system and shall provide at all times an adequate amount of
heated and unheated. water under pressure, and shall be
connected to an approved sewer system. Water inlets for
bathtubs shall be located above the overflow rim of these
facilities.
5) Door locks and security. All exterior doors of dwelling shall
be equipped with functional locking devices. Multiple family
dwellings shall be furnished with door locks as follows:
a. For the purpose of providing a reasonable amount of
safety and general welfare for persons occupying multi-
ple family dwellings, an approved security system shall
be maintained for each multiple family building to con-
trol access. The security system shall consist of locked
building entrance or foyer doors, and locked doors lead-
ing from. hallways into individual dwelling units. Dead-
latch type door locks shall be provided with lever knobs
or door knobs) on the inside of the building entrance
doors and with key cylinders on the outside of the build -
mg entrance doors. Building entrance door latches shall
be of a type that are permanently locked from the out -
side and permanently unlocked from the inside.
b. Every door that is designed to provide ingress or egress
for a .dwelling unit within a multiple family building
shall be equipped with an approved lock that is a dead-
locking bolt that cannot be retracted by end pressure;
provided, however, that such door shall be openable
from the inside without the use of a key or any special
knowledge or effort.
Removal of basic equipment or facilities. No owner, opera-
tor or occupant shall cause any facility or equipment, which
is required under this ordinance, to be removed from or shut
off from any occupied dwelling unit, except for such tempo-
rary interruptions as may be necessary while actual repairs
or alterations are in progress, or during temporary emergencies.
7) Connection to water and sewer system. Every kitchen sink,
lavatory basin, bathtub or shower and water closet required
under the provisions of this section shall be properly con -
25
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1
1
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4
BUILDINGS AND BUILDING REGULATIONS 19-100
nected to a public water and sewer system or to an approved
private water and sewer system and shall be supplied with
hot and cold running water.
8) Water heating facilities. Every dwelling shall have supplied
water heating facilities which are installed in an approved
manner, proerly maintained, properly connected with hot
water lines, and which are capable of heating and delivering
water to such a temperature as to permit an adequate amount
of water to be drawn at every required kitchen sink, lavatory
basin, bathtub, shower and laundry facilities or other similar
units at a temperature of not less than one hundred twenty
120) degrees Fahrenheit.
9) Heating facilities. Every dwelling shall have heating facili-
ties. The owner of said heating facilities shall be required to
see that said heating facilities are properly installed, safely
maintained, and in good working condition. Said facilities
shall.be capable of safely and adequately heating all habit-
able rooms, bathrooms and ' toilet rooms located therein, to a
temperature consistent with state and federal guidelines at
three (3) feet above the floor at all times when occupied.
10) Operation of heating facility and incinerator. Every heating
or water heating facility and incinerator must be installed
and must operate in accordance with the requirements of the
building code. (Ord. No. 486, § 214.090
Sec. 9 -100. Installations and maintenance.
All occupied dwellings in the city under this article shall meet the
following requirements:
1) RuMbi g fixtures. Every waterline. plumbing fixture and
drain shall be properly installed, connected and maintained
in working order, and must be kept fre from obstructions,
leaks and defects and capable of performing the function for
which it was designed. All repairs and installations must be
made in accordance with the provisions of the building code.
2) Plumbing systems. Every stack, waste and sewer line shall
be so installed and maintained as to function properly and
be kept free from obstructions, leaks and defects to prevent
521
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9 -100. MAPLEWOOD CODE
structural deterioration or a health hazard. All repairs and
installations must be made in accordance with the provisions .
of the building code. _
3) Heating equipment. Every space heating, cooking and water
y heating device located in a dwelling shall be properly in-
stalled, connected, maintained and capable of performing
the function for which it was designed in accordance with
the provisions of the building code.
4) Electrical service, outlets, fixtures. All dwelling units shall
be supplied with electrical service that is adequate to safely
meet the electrical needs of the structure in accordance with
the provisions of the building code. Every electrical outlet
and fixture shall be insta0ed, maintained and connected to
the source of electrical power, in accordance with the provi-
sions of the building code.
5) All facilities and equipment. All required equipment and all
building space and parts in every dwelling shall be constructed
in accordance with the provisions of the building code. All
housing facilities shall be maintained in a clean and sanitary
condition so as not to breed insects and rodents or produce
dangerous or offensive gases or odors. (Ord. No. 486, § 214.100,
6 -5 -80)
Sec. 0 -101. Light and ventilation.
All occupied dwellings in the city under this article shall meet the
following requirements:
1 Natural light in dwel Ever dwelli
L . )
g y g unit shall have at
least ' one window of approved size facing directly t0 the
outdoors or to a court; provided that, if connected to a room
k or area used seasonably (e.. porch), then a dayygp ), htqyg
must be possible through this interconnection.
b (2) Light in nonhabitable work space. In multiple dwellings,
every furnace room, and all similar nonhabitable work space
shall have one supplied electric light fixture available at all
times.
3) Light in public halls and stairways. Every public hall and
inside stairway shall be lighted at a tunes with an illumine-
522
27 .
9.102BUILDINGSANDBUILDINGREGULATIONS
tion of at least five (5) lumens per square foot in the darkest
portion of the normally traveled stairs and passageways.
4) Electric outlets required. All dwellings shall have an ade-
ate number of electrical outlets and electrical lighting fix-4
tures for normal usage, subject to the approval of the electri-
cal inspector.
5) Adequate ventilation. Every dwelling shall have at, least one
window which can be easily opened or such other device as
will adequately ventilate the dwelling.
6) Ventilation and light in bathroom and water closet com-
partment. Every bathroom and water closet compartment
shall have at least one window for light and ventilation,
except that no window shall be required in bathrooms or
water closet compartments equipped with an approved ven-
tilation system. (Ord. No. 486, § 214.110,6-5-80)
Sec. 9 -102. Minimum standards for safety from fire.
All occupied dwellings in the city under this article shall comply
with the applicable provisions of the fire prevention ordinances of
the city and the following additional standards for safety from fire:
1) Exclusion of residence building from storing flammable liq-
uid. No dwelling shall be located within a building contain -
ing any business handling, dispensing or storing flammable
liquids with a flash point of one hundred (100) degrees Fahr-
enheit, as defined by the 1976 Edition of the NFPA Life
Safety Code ##1011.
2) Exits. All exit requirements of the building code shall be
complied with.
3) Cooking and heating equipment. All cooking and heating
equipment, components and accessories, in every heating,
cooking and water heating device shall be maintained free
from leaks and obstructions, be properly vented and kept
functioning properly so as to be free from fire, health and
accident hazards. All installations and repairs shall be made
in accordance with the regulations of the building code.
523
28
r
I §9-102 MAPLEWOOD CODE
4) Smoke alarms. Approved U.L. smoke alarms, which are func-
tional and in good working order, shall be provided in all
j dwellings,. Where required by state law. (Ord. No. 486, §
214.120, 6 -5 -80)
j Cross reference -Fire prevention and protection, Ch. 12.
Sec. 9 -103. Responsibilities relating to the maintenance
of dwelling units.
ti All properties in the city under this article, and the owners or
i'. occupants thereof, shall comply with the following requirements:
f1 .
1) Maintenance of private areas. Every occupant of a dwelling
shall keep in a clean and sanitary condition, that part of the
dwelling and premises thereof, which he occupies, controls or
I uses.
f; (2) Maintenance of shared or public areas. Every owner of a
dwelling, containing two (2) or more dwelling units, shall
maintain in a clean and sanitary condition the shared or
public areas of the dwelling and premises thereof.
3) Disposal of garbage and refuse. Every occupant of a dwell-
ing shall dispose of all his rubbish in a clean and sanitary
manner consistent with chapter 16 of this Code.
4) Use and operation of supplied plumbing fixtures. Every
E occupant of a dwelling shall keep the supplied plumbing
fixtures therein clean and sanitary and shall be responsible
j for the exercise of reasonable care in their proper use and
operation.
5) Installation and care of plumbing fixtures furnished by
occupant. Every plumbing fixture furnished by the occupant
shall be properly installed; maintained in good working con -
dition; clean and sanitary; and free from defects, leaks or
obstructions. (Ord. No. 486, § 214.130,6-5-80)
Sec. 9 -104. Rooming houses.
No person in the city shall operate a rooming house or shall
occupy or let to another for occupancy any rooming unit in any
rooming house, except in compliance with the provisions of this
section:
524
29
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i
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BUILDINGS AND BUILDING REGULATIONS 19-104
1). Water closet, hand lavatory and bath facilities. At least one
water closet, lavatory basin and bathtub or shower, properly
connected to an approved water and sewer system and in
good working condition, shall be supplied for each four (4)
rooms within a rooming house wherever said facilities are
shared. All such facilities shall be located within the resi-
dence building served and be directly accessible from a com-
mon hall or passageway to all persons sharing such facilities.
Every lavatory basin and bathtub or shower shall be sup-
plied with hot and cold water at all times.
2) Minimum floor area for sleeping purposes. Every room oc-
cupied for sleeping purposes by one person shall contain at
least seventy (70) square feet of floor area. Every room. occu-
pied for sleeping purposes by two (2) or more persons shall
contain at least fifty (50) square feet of floor area for each
occupant thereof.
3) Bed Unen and towels. The operator of every rooming house
shall change: supplied bed linen and towels therein at least
once a week and prior to the letting of any room to another
occupant. The operator shall be responsible for the mainte-
nance of all supplied bedding in a clean and sanitary manner.
4) Shades, drapes, etc. Every window of every rooming unit
shall be supplied with shades, draw drapes or other devices
or materials which, when properly used, will afford privacy
to the occupant of the rooming unit.
5) The operator of every rooming house shall be responsible for
the sanitary maintenance of all walls, floors and ceilings, and
for the sanitary maintenance of every other part of the room-
ing house; and he shall be further responsible for the sanitary
maintenance of the entire premises, where the entire struc-
ture of building within which the rooming house is contained
is leased or occupied by the operator.
6) Every water closet, flush urinal, lavatory basin and bathtub
or shower shall meet the design standards of section 9 -99 of
this article and shall be located within a room or rooms
which:
a Afford privacy and are separate from the habitable rooms.
525
i t' .s •aryl ..•, """'
r..
i
19 -104 MAPLEWOOD CODE
b. Are accessible from a common hall and without going
outside the rooming house. (Ord. No. 486, § 214.140,
6 -5 -80)
Sec. 9 -105. Vacant and unfit dwellings.
The owner of any dwelling in the city, which has been declared
unfit for human habitation, or which is otherwise vacant for a pe-
riod of sixty (60) days or more, shall make same safe and secure so
that it is not hazardous to the health, safety and welfare of the
public and does not constitute a public nuisance. Any vacant dwell-
ing open at doors or windows, if unguarded, shall be deemed to be a
hazard to the health, safety and welfare of the public and a public
nuisance within the .meaning of this article. (Ord. No. 486, § 214.150
6 -5 -80)
Sec. 9 -106. Hazardous buildings.
In the event that a dwelling in the city under this article has been
declared unfit for human habitation and the owner has not reme-
died the defects within a prescribed reasonable time, the dwelling
may be declared a hazardous building and treated consistent with
the provisions of Minnesota Statutes. (Ord. No. 486, § 214.160
6 -5 -80)
Sec. 9 -107. Enforcement officer.
It shall be the duty of the environmental health official and his
authorized representatives to enforce the provisions of this article.
Authorized representatives shall include the building inspectors,
the director of public safety or his representatives, or the health
officer. (Ord. No. 486, § 214.170,6-5-80)
Sec. 9108.Inspectioas.
The enforcement officer shall be authorized to make or cause to
be made inspections to determine the condition of dwellings and
premises in the city under this article in order to safeguard the
health, safety and welfare of the public. The enforcing officer, or his
designated representatives, shall be authorized to enter any dwell-
ing or premises at any reasonable time for the purpose of perform -
his duties under this article. If the owner, operator or person ining
526
31
BUILDINGS AND BUILDING REGULATIONS f 9 -110
possession of the dwelling shall refuse to consent to the inspection
and there is probable cause to believe that a violation exists within
the particular structure, a search warrant may be obtained. (Ord.
No. 486, § 214.180 6 -5 -80)
Sec. 9 -109. Access by owner or operator.
Every occupant of a dwelling in the city under this article shall
give the owner or operator thereof, or his agent or employee, access
to any part of such dwelling unit, rooming unit or its premises, at
reasonable times, for the purpose of affecting inspection and main-
tenance, making such repairs, or making such alterations as are
necessary to comply with the provisions of this article. (Ord. No.
486, -§ 214.190 6 -5 -80)
Sec. 9 -110. Compliance orders.
Whenever the enforcement officer determines that any dwelling,
dwelling unit or rooming unit in the city under this article, or the
premises surrounding any of these, fails to meet the provisions of
this article, he may issue a compliance order setting forth the viola -
tions of the article and ordering the owner, occupant, operator or
agent to correct such violations. This compliance order shall:
1) Be in writing.
2) Describe the location and nature of the violations of this
article.
3) Establish a time for the correction of such violation and
notify of appeal recourse.
4) Be served upon the owner, his agent or the occupant, as the
case may require. Such notice shall be deemed to be properly
served upon such owner, agent or upon any such occupant, if
a copy thereof is:
a. Served upon him personally, or
b. Sent by registered or certified mail to his last known
address, or
c. Upon failure to effect notice. through a. or b. above, as
set out in this section, posted at a conspicuous place in
or about the dwelling which is affected by the notice.
Ord. No. 486, § 214.200 6 -5 -80)
527
32
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9.111 MAPLE`VOOD CODE
Sec. 9 -11119 Variances.
Appeals of interpretation or variance under this article shall be
made to the city manager. If not satisfied, further appeal may be
made to the board of adjustments and appeals according to estab-
lished city procedures. The board will hear requests for variance
and interpretation of this article. The board may grant variances in
instances where the strict enforcement would cause undue hardship
because of circumstances unique to the individual property under
consideration, and when. it is demonstrated that such action will be
in keeping with the spirit and intent of this article. (Ord. No. 486, t
214.210 6 -5 -80)
Sec. 9 -112. Violations.
Any person, firm or corporation failing to comply with the provi-
sions of this article shall be guilty of a misdemeanor, and subject to
prosecution. (Ord. No..486, § 214.211 6 -5 -80)
Secs. 9- 113 ---9 -129. Reserved.
33
fit. raul Truth win wSale of Housing Disclosure Report
Cmdully and this entire report)
Pa _of
Notice: A Copy of this Report must be publicly displayed L&I the prerniscs when the house is shown to five buye andY •
a copy of this Report must be provided to the buyer prior to the time of signing a Purchase Agreement.
THIS REPORT IS NOT A WARRANTY, BY THE CITY OF ST. PAUL OR EVALUATOR OF THE FUTURE
USEFUL LIFE, OR THE FUTURE CONDITION OF ANY BUILDING COMPONENT OR FIXTURE.
Address.of Evaluated Dwelling:
Owner's Name:
Listing Agent and Agency:
Type of Dwelling: Single Family Duplex_ Townhouse
Comments:
oe 0%()
Ole
N REGARDING ANY FLOOD
This report is NOT VALID unless the following declaration is signed on the original copy submitted to the buyer.
HOMEOWNER/AGENT DISCLOSURE STATEMENT:
1, THE OWNER OR AGENT OF THE OWNER, DECLARE THAT AS OF THIS DATE, THERE ARE-. ARE NOT CODE
VIOLATION ORDERS PENDING ON THIS PROPERTY FROM THE DIVISION OF PUBLIC HEALTH, HOUSING CODE
ENFORCEMENT OR OTHER ST. PAUL CITY AGENCIES.
1 FURTHER DECLARE, TO THE BEST OF MY KNOWLEDGE, THE FOLIO
DAMAGE, SEVER BACK -UP OR WATER SEQ PE &L7 HIS P •
Signature of thta er's Age t
171is Rcport:
or W \ `
2
moo
0
V// Date
1. is intended to provide basic information to the home buyer and seller prior to the time of sale. Minimum standards for this report arc as
contained in the Saint Paul Housing Maintenance Code (Chapter 34). This report WILL NOT be used to enforce the requirements of the
Housing Maintenance Code, however, this evaluation form will be used by the Fire Department to determine if there is compliance with the
nquircmtnts for a hard -wired smoke detector in single family residences.
2
m
2. is not warranty, by the City of St. Paul, of the condition of the building or any building crnnponent, nor of the accuracy of this report.
3. covers only the items listed on the form and only those items visible at the time of the evaluation. The Evaluator is not required to ignite the
heating plant, use a ladder to observe the condition of the roofing, disassemble items or evaluate inaccessible areas.
A. The lender, FHA or VA may have different standards.
5. is valid for one year from the date of issue and only for the owner named on this report.
6. Qucstions regarding this report should be directed to the evaluator.
7. Complaints regarding this report should be directed to the Division of Public Health, Truth - in - Sale of Housing, 555 Cedar Street,
St. Paul, MN 55101, Phone No. 2984153.
EVALUATOR: DATE:Rev 9/89
34 Attachment 5
r4WF'j JUN
M " =Mats uu mum yes With . .p the mi mum ousm8 uutments.in
IS" =Below minimum mQuvtmtnts - the item is below min Hous ode uhmen •8 rcq ts.
Comments • the item cannot be adequately evaluated or it has some def cicnc but dr. defici 'y. y sinsufficienttomaketheitembelowminimumrequirements.
H" = Hazardous - the item in its present condition may endan e the health and safe of e
OYw s
g safet t,h occupant.Yes
Any item marked "B", C or H trust have a written comment about the item. Additional
comment sheets may be attached if needed.
Item #
BASEMENT /CELLAR
1. Stairs and Handrails ......................... .
2. Basement,/cellar floor ......... ............... .
3. Foundation ................... _ .... .
4. Evidence of dames or staining . _ ......... .
S. Fuss floor, moor system ........................
6. Beams and columns ... _ . i ....................
ELECTRICAL SERVICE(S) # of Services
7. Service size:
Amps: 30 -.— 60 —100. 150— other
Volts: 115.. 115 230
8. Electrical service installation/grounding ......
9. Electrical wiring, outlets and fixtures
PLUMBING SYSTEM
10. Floordrain(s) ..._.._ ..._........._...........
11. Waste Land vent piping _ ................ ... .
12. Water piping ............. . .....................
13. GasPipinB ....._... _...._.._............w..r.....
14. Water heater(s) installaticai ....... .. tt . _ .
15. Water 'tieater(s) venting ...... ............... .
16. Plumbing fixtures .. _ .... _ .. _ ........ _ ..... _ .. .
HEATING SYSTEM
17. Heating plant(s): Fuel: Type:
a. Installation and visible condition ............
b. Viewed in operation ... ...................... .
r. Combustion venting ..........................
The Evaluator is not required to ignite
the beating plant(s).
18. Additional heating unit(s) Fuel: T •
a. Installation and visible condition ..............
b. Viewed in operation _ • • • . . . . . . . . . . . . . . . . . . . . . .
C. Combustion venting ......
KITCHEN
19. Walls and ceiling .. ........................ .
20. Floor condition and ceding height .........
21. Evidence of dampness or staining ........ .
22. EJect&al outlets and fixtures ............ .
23. Plumbing fixes ........................ .
24. Water flow ..............................: .
25. Window site and openable area ...........
26. Window condition . . . . . . ... ... . ... . . .. . . . .
27. Additional Comments ...................
L
J°
EVALUATOR: DATE:
35
Comments
Page . of -
Rev 9/89
thaDInmSale of Housing Disclosure ReportCarefully0 {Carefully Mad ths entire report)
Psge of -
e publicly displayed at the premises when the house is shown to prospective buyers. and
i to the buyer prior W the timt of signing a Purchase Agreement.
ANTY, BY THE CITY OF ST. PAUL OR EVALUATOR OF THE FUTURE
E CONDITION OF ANY BUILDING COMPONENT OR FIXTURE.
lolling:
1 Townhouse
W \ &
2
cIt
0 :
2o 'tv
ZOO
loe
following declaration is signed on the original copy submitted to the buyer.
1 URE STATEMENT:
WNER. DECLARE THAT AS OF THIS DATE, THERE ARE —. ARE NOT—. CODE
CIS PROPERTY FROM THE DIVISION OF PUBLIC HEALTH, HOUSING CODE
AGENCIES.
OF MY KNOV&EDGE, THE FOLLO REGARDING ANY FLOOD
ER SEU' ADE AT THIS P .. .
Id
Date
L
v
A
w the home buyer and seller prier to the time of sak. Muiimum standards for this report arc as
tenance Code (Chapter 34). This report WELL NOT be used to enforce the nquimments of the
nus evaluation form will be used by the Fire Department to determine if there is compliance with the
motor in single family residences.
the condition of the building or any building component, nor of the accuracy of this report.
md only those items visible at the time of the evaluation. The Evaluate required to ignite the
edition of the roofing, disassemble items or evaluate inaccessible areas.
I =nt standards.
c and only for the owner named on this report.
s irectad to the evaluator.
ve diraeZed to the Division of Public Health, Truth - in - Sale of Housing, SSS Cedar Street,
53.
DATE:
36
Rev 9/89
ty fit%
am" s Meets m imum ies with the minimum
s
10
P ousrng uucments.H Below minimum roquir tents - die item is below minimum Housing Code . •Comments - the Hem cannotcannot be adequately evaluated or it has some deficiency, but the deficienc isinsufficienttomaketheitembelowminimumrequirements.
N" = Haw4ous • the item in its present condition may endanger the health and safety f the occupant.Y" a Yes ety Pa
ON " = No
Any item marked "B" "C" or H must have a written comment about the item. Additional
comment sheets maybe attached if needed.
BASEMENT /CELLAR
1. Stairs and Handrails 1010....... ,............ .
2. Basement/cellar floor ....... ................. .
3. Foundation ...................................
4. Evidence of dampness or staining ............
5. First floor floor system ..............1010. _ .... .
6. Beams and columns - - .... i .......... . ........ .
ELECTRICAL SERVICE(S) # of Services
7. Service size:
Amps: 30 -- 60 100— 150 ---. Other —
Volts: 115—.— — 1 15/230 —
B. Electrical service installation /grounding ......
9 outlets and fixtureElectricalWiring ........ .
PLUMBING SYSTEM
10. Floor drain(s) .. .... ...........................
11. Waste -and vent piping . ... . .............1010.. .
12. Water piping _ . _ 1010- - . ......................... .
13. •Gas piping .. _ ..... • .......... ............... .
14. Water heater(s) installation .........1010.1010.... .
15. Water heaters) venting 1010..... _ . _ ............ .
16. Plumbing fixm _ .. . . ....................... .
HEATING SYSTEM
17. Heating plant(s): Fuel: Type:
a. Installation and visible condition ............
b. Viewed in operation _ ........................ .
c. Combustion venting ..........................
The Evaluator is not required to ignite
the beating plant(s).
1 B. Additional heating unit(s) Fuel: Type:
a. Installation and visiiNe condition ..............
b. Viewed in operation ..........................
c. Combustion venting _ 1010 _ .............
KITCHEN
19. Wags and ceiling .... ...................... .
20. Floor condition and ceiling height .........
21. Evidence of dampness or staining .........
22. Electrical outlets and fixtures ............ .
23. Plumbing fixtures 10 0 0 0.00.0 ............... .
24. Water flow ..... _ . ........................ .
25. Window siu and openable area ...........
26. Window condition
27. Additional Comments ...................
Item # Comments
J°
1010
EVALUATOR:
37
DATE:
Page ____ of ---
Rev 9/89
hopertY Jlddress:
wM" = Meets minimum t+oquIr0_1 s "8" _ Bdow mb reQiurcmcntsC"a Comments "H" H "Y" _ Yes "N "= No
LIVING AND DINING ROOM(S)
28. Walls and ceiling .................... _ .... .
29. Floor condition and ceiling height..... .
34. Evidence of dampness or staining .........
31. Electrical outlets and fixtures .............
32. Window a and openable area .... _ . _ ... .
33. Window mi ition .....................
HALLWAYS, STAIRS AND ENTRIES
34. Walls, ceilings and floors ..................
35. Evidence of dampness or staining .
36, Stairs and handrails to upper floors .......
37. Electrical outlets and fixtures .............
38. Window condition .................
39. Smoke detector(s) .... _ .. .................. .
Properly located .............. ............ .
Hard- wired . . .............................. .
SATHROOM(S) # of Full partial
40. Walls and ceiling _ _ _ ...................... .
41. Floor condition ........ _ ....4 . M ........... .
42. Evidence of dampness or staining .........
43. Electrical outlets and fixtures ..............
44. Plumbing fixtures .............
45. Water flow . _ ..... _ .......... ............ .
46. Window size and openable area or
mechanical exhaust .......................
47. Condition of .windows or mechanical
exJiaust _ . ............................... .
SLEEPING ROOM(S) No. of:
48. 'Walls and ceiling height ..................
49. Floor condition, area, and ceiling height . .
50. Evidence of dampness or staining .........
51. Electrical outlets and fixtures .............
52. Window size and openable area ..........
53. Window condition ........... _ ............ .
ENCLOSED PORCHES AND ROOMS
Evaluator shall identify each additional room separately and
comment when necessary.)
54. Walls, floor condition and ceiling height . .
55. Evidence of dampness or staining .........
56. Electrical outlets and fixtures ............
57. Window 'condition................... _ ...... .
AIMC SPACE (Visible Amu)
58. Roof» snd rafters .................. .
59. Evidence of dampness or staining .........
60. Elecuical wittingtoutleu%fi ..........
61. Ventibtion ............ ......... . ......... .
62. ADDITIONAL COMMENTS ...........
EVALUATOR:
M
Item #
Co4 Comments
V P
DATE:Rev 9/89
r ot Addncss:
Nomb V#
M" ja etu minimum faqubvments "8" a Belo mnumum . ents
C" a Comments 'H" r Hazard • "Y" a Yes "N "= No
EXTERIO Item # OR nas) Comirmnts
03. Foundation ............................
64. Basemwtto lar windows .............
65. Drainage (grade) .................... a .
66. Exterior walls ........................ .
67 Doors (frameWmams/sacens) ........
68. Windows (frameVsuxms/sc=ns) .... .
fig. Open porches, stairways and decks ...
70. C,omice and trim • • • • • • .. • • . • . . . . . . . . . . .
71 .' Roof covering and flashing ...........
72. Guttas and downspouts ..............
73. Chimneys .............................
4. metrical outlets, fixum and service
entrance ................ _ .............. .
GARAGE
S. Roof structure and covring ...........
0Nullstructureandcovering ...........
Slab condition _ ...................... .
Gauge doors .......... . .............. .
Electrical wiring, outlets and fixtures .
ADDITIONAL COMMENTS ......
Important Notices
ny single family residence in St. Paul must have at least one smoke detector connected to the electrical system. The detector must be locatedearsleepingrooms. For more information call Fire Prevention, 228 -6230
All rainiesders connected b the sanitary sewer system must be disconnected. For more' information call Public Works Sewer 'v' 'D isian, 298 -5421.Any house built before 1950 may have lead paint on/in it. If children eat lead paint, they can be isoned. For more information cal DivisionblicHealth, 292 -7746 Po 1 of
City of St. Paul or the Evaluator are not responsible for the determination of the sence of airborne articles such as asbestos, 'Pn p s os, noxious gasesuchasradonorothercwditionsofairqualitythatmaybepresent, nor the conditions which may cause the above.
If this building is used 1br any put -pose other than a single family dwelling, it may be Illegally zoned. To help you determine legal usesunderthetoningordinance, contact the Zoning Administrator at 2984S84.
2.
3
S.
THE FOLLOWING INNIS ARE NOT MANDATORY REQUIREMENTS FOR ST. PAUL HOUSING
THEIR INCLUSION ON THIS FORM IS ONLY To PROVIDE SUPPLEMENTAL INFORMATION TO THEBUYER. NO DETERMINATION IS MADE WHETHER THE ITEMS MEET MINIMUM REQUIREMENTS.
ENERGY INFORMATION
T of tnsutation aPPr °x• NVINSULATIONYPeInchesNA
8L Attic Insulation ........... _ .......... .
82. Wall Insulation .... • .................. .
83. Kneewall Insulation . .................
84. Rim Joist insulation ...... _ .......... .
85. Storm Doors ................ _ ..........NV =Not V86. Storm Windows ....................... NA = Not ApplicableWEA'THERSTRUMG -
870 Doofs .............._.... _ .. _ .......... .
88. Windows ........... ...................
FIR EPLACE/WOQDSTOVES
89. Dampers installed is fireplaces .......
90. Illation ........_ ....... _ . _ ........ .
91. Condition ........... ...................
I hereby certify that the above report is made in con liance with the St. Paul Ho inPusg Code, Chapter 34, and that 1 have
utilized the care and- fence, reasonable and ordinary, for meeting the certification standards prescribed b thePyTruth - In • Sale of Horsing Ordinance, Chapter 189. I have found no instance of non-compliance with the items listed
above as of the date efAis report, except those designated herein.
Page .. of -
EvAnator Signature 39 Phone Number Date Rev 9/89
DRAFT MINUTES- -NOT YET APPROVED BY HRA
MINUTES
MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
OCTOBER 10, 1989
1. CALL TO ORDER
Chairman Fisier cal4ed the meeting to order at 7:05 p.m.
2. ROLL CALL
HRA Commission Lorraine Fischer, Dale Carlson,
Tom Con lly
City Staff. eof f son, Ken Roberts
6, UNFINISHED BUSINESS
A. Truth -in- Housing Ordinance
Geoff Olson presented the staff report concerning the
adoption of a truth -in- housing ordinance.
Dan Niezgocki, a Maplewood resident and a truth -in-
housing evaluator, asked if this ordinance would applyppY
to residential single- :family homes only.
Geoff Olson said this proposed ordinance would apply to
all residential properties.
A representative of the Minnesota Board of Realtors
acknowledged Geoff Olson for his time and efforts in
his prior meeting with a number of the realty members.
Com i.ssioner Dale Carlson moved the Maplewood Housing
and Redevelopment Authority:
1. Adopt the truth -in -sale of housing ordinance and
reevaluate it after it has been in effect for one
year._
2. Adopt the resolution establishing a $15 filing fee
for each report.
Commissioner Tom Connelly seconded Ayes - -all
3. APPROVAL OF INU S
As November 5 , 1988
Commiss'on r Carlson moved approval of the minutes of
Novemb r 15, 1989, as submitted.
HRA
Minutes 10 -10 -89
Commies ioner Connelly seconded A4s- -all
D. Per Diem \for Board Members
After disc Sion by the commission s the consensusus ofthecommissnwastohaveananaldinnerwiththeothercommis 'ons and City Coun 1.
8.
M
Interviews for New 69mmission Membdrs
Ken Roberts informed a
co;annais
Toners that Steve JelinekhaswithdrawnhisnameforintmenttotheHRAand, also,that he was unable to c ntaEvan.Coobs and does no t knowifMr. Coobs .is still a andte forappointment,
Commissioner Fischer said he was contacted b a housinginspectorwhoaskedifAteYing
e RA would be interested in a tourdemonstratingthedutieofahousinspector.ector.
The truth - in -
housY
rdinanc as it a lies to mob'pp ilehomes, was discuss Ro its said he would investigatewouldwhich - Jurisdiction l handle the mobile home area
regarding the prop truth -in housing ordinance.
Gary Pearson and /harry Whitcomb wre interviewed as possibleHRAcommissionjembers. \
Commissioner onnelly moved the HRA ecommend to the CityCounciltheppointmentofGaryPear- n and Lary WhitcombtotheHRAofillt
Y mb
he two existing v ancies.
Commissicq{er Carlson seconded
Unfinished Business
A. Truth -in- Housing Ordinance
Ayes- -all
At this time the commission reintroduced the ro osed
truth-in-housing ordinance
p p
g lnance and discussed the
possibility of including the owner's disclosure of
covenants.
Commissioner Carlson moved the inclusion on a e 7 of
the proposed truth -' -
p g
p p in housing ordinance of Item fib) (2)f. Disclosure of any private covenants that run withtheproperty".
Commissioner Connelly seconded Ayes--all
Action by Council
Endorsee
MEMORANDUM o c ifi ea
TO City Manager Re j ecte -
FROM: .Director of Community Development DateSUBJECT: CDRB Appeal - English Place
DATE: November 6, 1989
INTRODUCTION
The City Council, on October 26, tabled an appealneoftheCopp1 from s eve ra 1neigCommunityReviewBoard's approval of plansfortheEnglishPlaceretailcenteratHighway36
p
Street. Council had s
g Y and Englishseveralconcerns:
14 The closeness of,the building to Cope Avenue,
2. The height of the building.
3. Landscaping,
40 Compliance with the motor fuel station ordinance.
Council also wanted to compare the proposed plan with
approved plan
p p thepreviouslypppforMarcorDevelopment. A copy of theMarcorsite /landscaping plan is attached.
DISCUSSION
The proposed plan meets the new motor fuel station ordinance.
er is attache-
AletterfromthedevelopdrespondingtotheotherconcernsoftheCouncil.
The developer is proposing to use the previous landscapesubmittedbyMarcorPropertp plan
s p es. When the City Council reviewedthisplanlastDecember, they required that the lan be 'revisedforCommunityDesignReviewBoard • p ed
g approval. This wa never done.
iTherefore, there s not a specific plan approved et. Therep y ere wasdiscussionattheCouncilmeetingthatthesprucealongCopeAvenueshouldbeincreasedtoatleastfivefeetoncenterstaggered. Staff feels that the
and
remainder of the current plan isbetterthantheMarcorplan. The recommendation therefore,retain the current plan, but replace
re, is to
p p ce the plantings on Cope AvenuewiththespruceproposedontheMarcorplan, spa five -feeeyed. A revised
p t oncenterandstaggedplanincorporatingthererecommenationsshouldberesubmittedtotheboardforapproval,This will allow the neighbors to rev'g iew the specific details,
RECOMMENDATION
Approve the Community Design Review Board's action with thefollowingchanges (additions are underlined):
129b. The site shall be grade _ -so that the floor elevation of the
structure is as low as is practical for proper drainage and access
grades. The floor elevation shall be reduced at least another
two feet from the elevation shown on the plans .
20. The landscape plan shall be resubmitted to the Review Board
for approval as follows:
a. There shall be no trees or shrubs or fencing provided within a
25 -foot sight triangle at both intersections or within the
right -of -way;
b 'The landscaping/screening along the entire Cope Avenue
frontage shall be least six-feet-tall, 80% opaque upon
installation. The plantings- shown on the plan shall be replaced
with a staggered row of six- to ei ht- foot -tall bla hills
s ruce five feton center.
c. The shrubs proposed along Highway 36 shall be replaced with
five skyline locust planted 30 -feet on center.
d. The materials and design of the retaining walls shall be
submitted.
MEM09
Attachments:
1. Letter: R. C. Ernst
2. Staff report: October 11, 1989
3. Marcor landscape /site plan (separate enclosure)
CENTURY COMPANIES
5691 GENEVA AVENUE NORTH
OAKDALE, MINNESOTA 55128
777 -4488
November 1, 1989
Honorable Mayor and Councilpersons
City of Maplewood
1830 East County Road B
Maplewood, Minnesota 55109
SUBJECT: English Place
Highway 36 at English Street
Dear mayor and Councilpersons:
I thought it would be helpful to present this information to you
in advance of the City Council meeting November 13th. First, an
explaination concerning the site we abandoned on the west side of
English earlier this year is in order. we had secured a Condi-
tional Use Permit from the City Council for a strip center with a _
self service gasoline. we had also received, after neighborhood
input approval for a two (2) level building with the food store
and gasoline on the lower level oriented toward Highway 36. The
si to contamed approx.mately 15,000 cubic yards of surplus _ 1
which needed to be removed prior to development, as approved by
the Design Review Board. Part of this material was on Highway 36
Right -of -way and I had been informed earlier in 1988, that the
Minnesota Department of Transportation was developing a new
policy concerning "daylighting ", which would be in place early in
1989. 1 made the necessary permit application to remove this
material, which was necessary in order to present "the building
properly to Highway 36. The permit was denied by MNDOT because
of the newly adopted policy which prevented the removal of the
surplus material. This permit denial prevented us from develop-P
ing the site as intended and approved by the City.
Marcor Properties, Inc., abandoned it's proposal on the East side
of English early in 1989. Because we had Tenants for this
location, we contracted to purchase the site on the east side of
English from the owners, the Rockholts.
The City Council, at the October 26th meeting, requested a com-
parison of the Marcor proposal to the Century Companies proposal..
I have enclosed a separate Exhibit which provides this
information. we intentially designed our development to mirror
the Marcor site plan, such as building footprint, driveways and
landscape placement. Two differences in the proposal are
apparent, however. The first is the building depth. our past
experience has proven that building depths of 40 feet and 50 feet
are necessary to accomodate Tenants in small neighborhood con-
venience centers. This depth provides them the storefront width
and signability to help make them successful. The majority of
the building depths in the Marcor plan was 60 to 70 feet .
Second, we are proposing a building design which is more com-
patable with the single family housing to the south. It is a
single story, gable roofed building with no unsightly mechanical
equipment on the roof. The units s it on the ground and are
screened with decorative fencing. On the Cope Avenue side , th e
mechanical units are below the retainingg w a l t s and the 1 ard c ap -ing which provides screening from the neighbors. 1 have enclosed
a photograph of our recently constructed building located on Cen-
tury Avenue North, just south of I.S. 694 in Oakdale.This
building is designed for a sloping site as is the English Place
site and we are using the same architectural design. You ma
want to view this project before the November 13th meeting.
During the process of two Design Review Board hearings and a spe-cial meeting with the neighbors, we made modifications to our
plan which are included in the Design Review Board approval.
However, I believe there are three (3) remaining issues.
First, the building is twenty (20) feet closer to CopeAvenuethanintheMarcorplan. we removed the parking between
the building and Cope Avenue believing that this arkin wouldPgd
create unnecessary activity near the single family residents.
This parking was moved to the front where it is more aproriate.
Second, it was sugges that we lower the buildi 1heig'' t.
We have reviewed this request and have lowered the buildin g two
feet as is shown on the comparison exhibit.
Third, is the landscape plan. we ra ose to resolve 'P P e this
issue by using the Marcor landscape plan which was approvedearlier. Copies will be distributed in your agenda packet for
the November 13th meeting.
In conclusion, our mortgage financing is arranged, we have made
application for building permit and request that the MaplewCityCouncilapprovethisapplicationasamended. Thank you.
Very truly yours,
R. C. Ernst, President
RCE /ml
Enclosures
cc: Anna Roberts
Steve Lammlein
Geoff Olson
OCTOBER 31, 1989
PROJECT COMPARISON
THE FALLOWING IS A COMPARISON BETWEEN MAPLEWOOD CONVENIENCECENTERTHEEARLIERPROJECTPROPOSEDBYMARCORPENGLISHPLACE" PROPERTIES, INC.AND CE THE PRESENT PROJECT PROPOSED BY CENTURYCOMPANIES.RY
SPECIFICATIONS MARCOR PROPERTIES CENT URY COMPANIES
SITE SIZE:
USE:
CONSTRUCTION:
BUILDING SIZE:
BUILDING WIDTH:
BUILDING ARCHITECTURE:
ZT T Irl- ' TT+,r T m .l:.i. a .13.i . 1 G •1EJ G 11
BUILDING FLOOR
ELEVATION:
PARKING SPACES :
CONSTRUCTION TIME:
GAS PUMPS:
3.2 ACRES
STRIP SHOPPING
CENTER
MASONRY -ROCK FACE
26,175 SQUARE FEET
50 -60 -70 FEET
TYPICAL FLAT ROOF-
COMMERCIAL
20.5`1 TOP OF
PARAPIT
22' TO TOP OF RIDGE
894.75 ENTIRE
BUILDING
144 ENTIRE SITE
7 MO. (EST)
ENTIRE SITE
ONE ISLAND -
TWO PUMPS
3.2 ACRES
STRIP SHOPPING
CENTER
MASONRY -ROCK FACE
27,656 SQIUARE FEET
50 FEET
GABLE ROOF-
COMMERCIAL
21 5' TO TOP OF
RIDGE
888 TO 895
STEPPED)
76 PHASE I
75 PHASE II
7 MO.(EST) PHASE I
5 MO . ( EST) PHASE I I
ONE ISLAND -
TWO PUMPS
45' TO PROPERTY
LINE
179' SOUTH OF
HWY. 36 - -33' WIDE
5' NEST OF PROPERTY
LINE - -25' WIDE
BUILDING LOCATION:
ADJACENT TO COPE:
ACCESS TO ENGLISH:
LOCATION:
ACCESS TO COPE:
65 TO PROPERTY
LINE
183' SOUTH OF
HWY. 36 - -33' WIDE
5 ' WEST OF PROPERTY
LINE - -33' WIDE
MEMORANDUM
TO City Manager
FROM: Thomas Ekstrand, Associate Planner
SUBJECT: Appeal of Review Board Approval
LOCATION: Southeast Corner of English Street and Highway 36
APPLICANTS Steve Lammlein and Anna Roberts (neighbors)
PROJECT TITLE: English Place
DATE: October 11, 1989
INTRODUCTION
Steve Lammlein, 1.308 Cope Avenue, and Anna Roberts, 1332 Cope
Avenue, have submitted appeals of the Community Design Review
Board's September 26, 1989 approval of the plans for English Place
at the southeast corner.of English Street and Highway 36.
Specific reasons for their appeals were not given, but they felt
that the City Council should have an opportunity to review this
proposal since this project would have an impact on their
property. (Refer to the letters on pages 5 and 6.)
BACKGROUND
On December 22, 1988, the City Council granted a CUP for this use.
on October 25, 1988, the Community Design Review Board approved
the design plans as submitted by Marcor Properties, Inc., the
original applicant.
On September 26, 1989, the Review Board approved the plans for
this project subject to 27 conditions. (See pages 7-10.)
ORDINANCE PROVISION
Subsection 25 -65 (b) provides that the Review Board's decision
shall be final, unless appealed to the City Council by the
applicant, City Staff or any affected person within Uen days after
the Board's decision.
DISCUSSION
Since the neighbors appealing the board's decision have not yet
stated their reasons, we cannot make a recommendation at this
time .
TEENGLISH2
Attachments
1. Location Map
2. Property Line /Zoning Map
3. Site Plan
4. Letter of appeal from Steve Lammlein dated October 6, 1989
5. Letter of appeal from Anna Roberts dated October 6, 1989
6. Design Review Board motion dated September 26, 1989
To Plans date stamped September 20, 1989 (separate attachment)
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Ai
1MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA
SEPTEMBER 26, 19 8 9
I. CAIS, M ORDER
airman 'toe called the meeting toL prder at 7 p . m .
II. ROLL CALL
Donald Moe
Tom Deans
Marvin Erickson
Roger Anitzbergi
Michael Holder
Daniel Mol in
Prese
Abse t
Pre ent
Pr sent
P esent
resent
III. APPROVAL OF MINUTES
A. The minutes of S ft tember 12, 1089, were amended
correcting the of on Item E. Landscaping /Screening
Appeal -- Carve Gen ral Repair to Ayes - -4 Nays - -2.
Boardmember rickson owed approval of the amended
minutes of eptember 1 , 1989.
Boardmemb Anitzberger econded Ayes - -all
IV . APPROVAL OF A .GENDA
Secretary E strand moved the agen a be amended to cancel
Item 6. 8., Sign Plan Revision - A T & T at the St. Paul
Business C nter East on I -35E at th applicant's request.
Boardme er Anitzberger moved approval 'of the agenda as
aMended.
Boardm vnber Holder seconded
V. UNFINISHED BUSINESS
A. Architectural, Site and Landscape Plan Revisions -
English Place, Southeast Corner of Highway 36 and
English Street
Dick Erntz of A & E Properties of Stillwater, Inc.,
said he had met with the neighbors and discussed this
proposed center. Mr. Erntz said the neighbors are
concerned with the removal of trees from the rear of
the proposed building, therefore, he is proposing that
as many existing trees be preserved as possible. Mr.
Erntz said the neighbors are concerned with traffic
noise, and he said there are considerable existing
trees between his property and the highway
7 Attachment 6
Community Review Board -2-
Minutes 9 -26 -89
right -of -way and these trees would remain to buffer the
traffic noise. Mr. Erntz said the pump island would be
moved closer to the building and they have done a
realignment of the driveway and propose dense
landscaping to prevent the headlights from shining onto
the neighbors homes.
Chairman Moe asked for comments from the public.
Secretary Ekstrand read a letter submitted to him from
Steve Lammlien stating his concerns. Mr. Lammlien's
concerns were that the driveway grade for Cope Avenue
be such that headlights do not shine toward homes;
grade elevation be as low as possible and that a
designated grade elevation with no changes be required;
two rows of staggered trees along Cope Avenue; more
specific landscape plan; more attractive building
materials be used as in Marcor plan; if building will
be phased, the later phase should be subject to
neighbors' comments and to Review Board approval;
Review Board approval be subject to agreement with the
applicant in writing; all plans must be approved by
the Review Board.
Anna Roberts, 1332 Cope Avenue, asked.that this
development have uniform signs, commented on fencing
requirements and commented on the location of driveway.
GIs. Roberts asked that the materials be maintenance -
free to assure that this development is maintained.
Jim Grealish, 1326 Cope Avenue, said he did not want to
see this project started but stopped later because of
problems with it.
Ted Kopel, 1336 Cope Avenue, said he is concerned that
traffic will become a problem on Cope Avenue and asked
if general traffic could be discouraged from using Cope
Avenue.
Mr. Erntz said he would install speed bumps if the
Board requires them. Mr. Erntz also said he would
match building roof colors for roof vents as much as
possible.
Boardmember Anitzberger moved approval of plans date -
stamped September 21, 1989, for English Place, a multi -
tenant commercial center, subject to the following
conditions:
1
Community Design Review Board -3-
Minutes 9-26-89
1. Approval of plans by the Community Design Review
Board does not constitute approval of a building
permit.
29 All trash dumpsters shall be stored in screening
enclosures with a 100% opaque wooden gate and
shall he a color and material compatible with the
building. Enclosures shall be protected by
concrete- filled steel posts, or the equivalent,
anchored in the ground at the front corners of the
structure. The southerly dumpster enclosure is
not allowed since it would be within the 30 -foot
minimum setback from the south lot line.
3. Any exterior building or roof - mounted equipment
shall be decoratively screened and hidden from
view. The vertical board screening fences for the
wall mounted HVAC units shall be.at least 80%
opaque and shall be tall enough to totally hide
the units. These wooden screens shall be the same
color as the building.
4. An erosion control plan, acceptable to the City
Engineer, shall be submitted prior to the issuance
of a building permit for erosion control during
construction.
5. Parking areas shall be striped in a double- stripe
hairpin" design and all bituminous areas shall
have continuous concrete curbing. Parking lots
shall be kept in a continual state of repair.
6. If. construction has not begun within two years of
approval, Board review shall be repeated.
7. Site security lighting shall be provided.
Security lighting fixtures on the south and
southeast sides of the building shall not be wall
mounted. These lighting fixtures must illuminate
this back portion of the site by lighting
standards erected across the parking lot and aimed
towards the building. All lighting standards on
the site shall not exceed 15 feet in height. No
light source shall be directly visible from any
residential area or public street and light levels
shall not exceed one foot - candle at a residential
property line.
8. If an ad'acent ro ert is disturbed or propertY7PPYPpY
irons removed due to construction of the site,
Community Design Review Board -4-
Minutes 9--26-89
that property shall be restored and irons replaced
by the applicant.
90 Grading, drainage, and utility plans shall be
subject to the City Engineer's approval.
10. All required landscape areas shall be continually
and properly maintained.
11. All required plant materials that die shall be
replaced by the owner within one year.
120 The plans shall be revised for staff approval as
follows:
a. All turning radii at driveway entrances shall
be at least ten feet. The Cope Avenue
entrance does not meet this requirement.
b. The site shall be graded so that the floor
elevation of the structure is as low as is
practical for proper drainage and access
grades.
CIO The fuel service area shall be moved as close
to the building as practical, while
maintaining proper drive lanes, in order to
conceal this area as much as possible from
1308 Cope Avenue.
13. Ref 1 ectori z ed stop signs and handicap parking
signs shall be provided.
14. All public boulevard that is disturbed due to this
construction shall be restored and resodded.
15. Proper building addresses shall be installed,
subject to the approval of the Fire Marshal.
16. Signs are not approved through review. A
comprehensive sign plan shall be submitted to the
Board for approval.
17. Five- foot -wide concrete sidewalks shall be
constructed along both street frontages on the
right -of -way next to the lot lines. The English
Street sidewalk is not needed north of the
entrance drive., --The sidewalk must taper to meet
the driveway grade at all driveway crossings. The
sidewalks shall be extended to the easterly lot
line along Cope Avenue, to the street curb along
10
Comraunity.Design Review Board -5-
Minutes 9 -26 -89
English Street and.to the street curb along Cope
Avenue,
189 The building exterior and HVAC screens shall be
continually and properly maintained.
19. An inground sprinkling system shall be installed
for all landscaped areas.
20. The landscape plan shall be resubmitted to the
Review Board for approval as follows.
a. There shall be no trees or shrubs or fencing
provided within a 25 -foot sight triangle at
both intersections or within the right -of-
way;
b. The landscaping/ screening along the entire
Cope Avenue frontage shall be at least six -
feet -tall, 80% opaque upon installation;
c. The shrubs proposed along Highway 36 shall be
replaced with five Skyline Locust planted 30
feet on center.
d. The materials and design of the retaining
walls shall be submitted.
21. The applicant shall obtain approval from MnDOT to
drain into the state right -of -way.
22. The applicant shall provide the following items,
subject to the City Engineer's approval:
a. Additional. pavement to provide a north -bound
left -turn lane on English Street. The total
width of English :Street in this area shall be
at least 48 feet*
b. As part of this widening, the signal system
loop detectors must be properly located with
lane striping and directional arrows
provided.
23. The applicant shall provide a" monetary guarantee,
in a form acceptable to staff, in the amount of
150% of the estimated cost of any site
improvements that are not completed by occupancy.
The applicant shall also provide staff with proper
documentation, to be approved by the City
Attorney, which allows staff access onto the
11
Community Design Review Board -6-
Minutes 9-26-89
property to finish work that may not be completed.
24. Three speed bumps shall be placed on the driveway
from Cope Avenue as shown on the "phasing" plan.
This driveway shall have a sign at the Cope Avenue
curb cut, reading "Service Drive Only ". A "No
Exit" sign shall be posted at the north end of
this drive near the building to discourage exits
to Cope Avenue.
25. A three and one -half foot sidewalk shall be
installed the rear of the building.
26. Roof vents shall be a color to match building roof
as much as possible. Roof vents shall be
consolidated as near as possible along the common
walls to limit the number of vents.
27. The "phase I diagonal driveway" shall be
eliminated.
Boardmember Holder seconded
Boardmember Erickson moved the motion be amended to
include No. 28. — Grading plan subject to staff
approval.
Boardmember Molin Ayes - -all
The motion as amended was voted on. Ayes- -all
Site Redevelopment - Fleming's Service Center
2271 White Bear Avenue
8 ..Fields, representing the applicant, d ussed the
re d plans with the board members. Fields
dispI a ictures of a new product led brick block,
which wool a used on the upper rtion of the
building on' t. of the three of rock block, which
would be use bn a bottom rt Lon of the building.
Mr. Fields asked th allowed to use a cedar
fence material on t o f screening to accomplish
continuity with .i.lding.
Mar. Fields ask, that conger on be given to the
hours of op e tion for this o 1, since it was
reviewed advance of the newl re d fuel
ordinan and he asked that the i nt for a
condi onal use permit be eliminated. Mr. ields also
ask that Condition 22, relating to the,el nation of
t driveway to Lark Avenue, be deleted since felt
12
S
Action by Councilv
MEMORANDUM
TO: Cit Mana
FROM: Director of Communit Development
SUBJECT: Street Vacation - Netnorlin Ct.
DATE: November 2,,,1989
Endorsed---,
Modif 10ed--.
Re ecte-d
Date
The Cit Council considered a re to vacate Netnorlin Court on
October 9. Council tabled this i until November 13 to
investi draina problems, includin acquisitionition Of
l 21 of the Netnorlin Addition* This lot was going up for sale
at the tax auction. The Cit En thou it ma be needed
for drainac purposes. Council had authorized up to $6500 to
ac this lot*. Staf was able to ne a use deed from the
Count at no cost.,
Mr.. Nettleton, the applicant, has re that
tabled until he returns from.a trip. The soonest
after he returns would be Januar 8.,
RECOMMENDATION
Table this item until Januar 8.
this item be
Council meetin
MEM05
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Street Vacation
LOCATION: Netnorlin Court, South of Woodlynn Avenue
APPLICANT /OWNER: Mack Nettleton
DATE: September 13, 1989
SUMMARY
INTRODUCTION
Reggest
The applicant is requesting the vacation of Netnorlin Court which
is on the south side of Woodlynn Avenue west of McKnight Road.
Please see the map on page 5.
Reason for the. Request
The street and lots were planned and platted but the street was
never constructed. Due to the grade changes and other existing
conditions of the property, the applicant now feels that it is
most feasible to vacate the street and reconfigure the lots.
BACKGROUND
January 21, 1971: The Maplewood Village Council gave final
approval to the Netnorlin subdivision.
July 11, 1979: Mr. Nettleton applied for a building permit to
construct a single - family home on Lot 23, Block One, Netnorlin
Addition (3048 Netnorlin Court).
DISCUSSION
There does not appear to be any major problems with this vacation
request. The existing house (on the southeast corner of Woodlynn
and Netnorlin Court) would be required to change its address to
one on Woodlynn Avenue and have its driveway meet all current
standards for setbacks, size and type of construction. If any
changes are required for the driveway, they should be paid for by
the applicant and be subject to the City Engineer's approval.
The City Engineer has also noted that the curb and boulevard
section along Woodlynn Avenue will be required to be
reconstructed. This is because the curb and gutter radiuses for
Netnorlin Court were installed along the south side of Woodlynn
Avenue in anticipation of the street. This portion of Woodlynn
Avenue will need to be rebuilt so that the concrete curb and
gutter is continuous along the south side of the street and so
that the public boulevard area is regraded and seeded to meet
City standards. In addition, sanitary sewer and water main were
stubbed to the southern edge of the portion of Netnorlin Court
which was constructed when Woodlynn Avenue was built. It does
not appear reasonable to have these utility stubs removed so
easements will be required over them as shown in the drawings on
pages 5 and 6. These requirements shall be the responsibility of
the applicant and shall be subject to the City Engineer's
approval.
Regarding the lot layout and ownership, the applicant has stated
that the owner of Parcel 13 adjoining Lot 22 to the east owns Lot
22. This was done by that individual in order to preserve some
of the open space in the area. If Lot 22 is combined with the
property to the east (Parcel 13) so that they have one parcel
identification number, then Parcel 22 would not require the
street to be constructed. Mr. Nettleton then wishes to
reconfigure Lots 18, 19 and 21 into two lots fronting on Woodlynn
Avenue. Lot 21, however, is tax forfeit and will have to be
acquired by the applicant prior to applying to the City to
reconfigure Lots 18, 19 and 21. If Lot 21 is acquired by the
applicant, then there does not appear to be any problems with
this vacation request. In fact, it may be more desirable to
vacate the street and reconfigure the lots than having sloping
cul -de -sac constructed in this location.
RECOMMENDATION
1. Approve the resolution on page 9 to vacate Netnorlin Court,
subject to the following conditions being completed before
the City files the street vacation resolution with Ramsey
County:
a. The driveway for 3048 Netnorlin Court shall meet all
City standards for setbacks, size and type of
construction. Any changes that are required for the
driveway shall be the responsibility of the applicant
and shall be subject to the City Engineer's approval.
b. A drainage and utility easement shall be required over
the 20 -by 50 -foot area of the Netnorlin Court right -of-
way as shown on the maps on pages 6 and 7. This
easement shall be subject to the review and approval of
the City Engineer.
c. Lot 22 of Netnorlin Addition shall be required to be
combined with Parcel #02- 29 -22 -11 -0013 adjoining it on
its east side so that they have one parcel
identification number. Lots 18, 19 and 21 of Netnorlin
Addition shall be required to be combined with one
parcel identification number. Lot 21 must be acquired
by the applicant.
d. Payment of deferred assessments on Lots 18 -22 of
1,546.80.
2
20 in addition, prior to City approval of a lot reconfiguration
for Lots 18, 19 and 21, the . applicant shall reconstruct the
curb and gutter along the south side of Woodlynn.Avenue so
that it is continuous and shall regrade and seed the public
boulevard. This shall be subject to the approval of the
City Engineer.
30 Change the address of 3048 Netnorlin Court to 2234 Woodlynn
Avenue.
3
REFERENCE
SITE DESCRIPTION
Gross effected area:
Net effected area:
Existing land use:
SURROUNDING LAND USES
103, 385 square feet ( 2 e 37 acres) ,
including Lot 23
87,281 square feet (2 * 0 0 acres) , not
including Lot 23
Undeveloped (except for Lot 23)
North: Woodlynn Avenue. Across the street are the Woodlynn
Land use plan designation: RL, Low Density Residential
Inning: R1, Single Dwelling Residential
netnorct . mem
ji
Attachments
1. Property Line /Zoning Map
2. Concept lot layout
3. Woodlynn Avenue construction plan
4. Applicant's vacation request statement
5. Street vacation resolution
4
Heights Townhomes.
East:Single- family homes
South:Single - family homes
West Single- family homes
PLANNING
Land use plan designation: RL, Low Density Residential
Inning: R1, Single Dwelling Residential
netnorct . mem
ji
Attachments
1. Property Line /Zoning Map
2. Concept lot layout
3. Woodlynn Avenue construction plan
4. Applicant's vacation request statement
5. Street vacation resolution
4
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6 Attachment 2
Statement of Reasons for Vacation Request.
As the majority landowner. on the proposed cul de sac,
Netnorlin Court, I would like to request that Netnorlin
court be vacated in order to faciltate the reorienting
of two new lots toward Woodlynn Ave. in place of the
three current lots (18,19,20) that have proposed access
toward Netnorlin Court. The reasons for this vacation
are as follows:
1. An extreme elevation change will result in either a
steeply sloping cul de sac or in using a pro'rli bit ve
amount of fill to b.ri . up the existing grade. The
cost of such an excavation project will be prohibitive.
2. Lot 19 sits in a seasonal drainage shed., Again, to
make it a buildable lot would require a prohibitive
amount of fill, compaction and expense
3. The necessary excavation and contour change would
destroy a large amount of oak and aspen as well and
alter the natural beauty of the area.
4. According to the village en ineer' i, office theregg ,
would be major problems involved in connecting into the
storm and sanitary sewer mains in Woodlynn .Ave. due to
the elevation change,
5, Anne Fesenmai er , owner of lot 22, prefers not to
develop that property but to continue to use it as a
natural area as it abuts the property of her present
home.
6. The cost of building the cul de sac basically
cancels out the value of the ext.ra, lot that would be
gained if the cul de sac was installed.
8 Attachment 4
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Maplewood, Minnesota was duly called and
held in the council chambers in said City on the day of ,
1989, at 7 p.m.
The following members were present:
The following members were absent:
WHEREAS, Mack Nettleton initiated proceedings to vacate the public
interest in the following - described property:
Netnorlin Court
WHEREAS, the following adjacent properties are affected:
Lots 18, 19, 21, 22 and 23, Netnorlin Addition
WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said
street have signed a petition for this vacation;
2. This vacation was reviewed by the Planning Commission on
1989. The Planning Commission
recommended to the City Council that this vacation be
approved.
3. The City Council held a public hearing on ,
1989 to consider this vacation. Notice thereof was published
and mailed pursuant to law. All persons present at this
hearing were given an opportunity to be heard and present
written statements. The Council also considered reports and
recommendations of the City staff and Planning Commission.
WHEREAS, upon vacation of the above- described street, public
interest in the property will accrue to the following- described
abutting properties:
Lots 18, 19, 21, 22 and 23, Netnorlin Addition
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that
it is in the public interest to grant the above - described vacation on
the basis of the following findings of fact:
10 When the adjoining properties are replatted,.the street
right -of -way will not be used as an access to any of the
abutting properties.
9 Attachment 5
2.` The adjoining property owners have no interest in improving
the street.
3. This street segment will not be needed for area traffic
circulation of emergency vehicle access.
This vacation is subject to the retention of a.20 -by 50 -foot
drainage and utility easement adjacent to Woodlynn Avenue.
Adopted this day of , 1989.
Seconded by Ayes --
STATE OF MINNESOTA
COUNTY OF RAMSEY ) SS.
CITY OF MAPLEWOOD
I., the undersigned, being the duly qualified and appointed Clerk
of the City of Maplewood, Minnesota, do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a
regular meeting of the City of,Maplewood, held on the day of
198 with the original on file in my office and the
same is a full, true and complete transcript therefrom insofar as the
same relates to vacation of .
Witness my hand as such Clerk and the corporate seal of the City
this day of , 198
City Clerk
City of Maplewood, Minnesota
10
Planning Commission -2-
Minutes 9 -18 -89
VIZ. NEW BUSINESS
A. Street V&cation: Sherren Avenue
The staff r ort was presentecyby Ken Roberts,
Associate Pla er. A commis oner asked if this street
is vacated, wou d the stee continue to be called
Sherren Avenue a , if so, would the Maplewood Care
Center retain the me a -ress. Staff said it will be
proposed that the Ma le od Care Center's address be
changed to a White Be Avenue address.
Commissioner
Ca/dna
mov d the Planning Commission
recommend appro the solution to vacate Sherren
Avenue right -of etween ite Bear Avenue and the
former right-of- f Hazel S eet ( in front of the
Maplewood Care ).
Commissioner ischer seconded %
Barett, - Axdahl, Ayers,
Cardinal,
Fischer,
Slett
B. Street Vacation: Netnorlin Ct. (Nettleton)
Ken Roberts, Associate Planner, presented the staff
report.
Mack Nettleton, the applicant, was present at the
meeting but Mr. Nettleton did not have any comments.
Commissioner Fischer moved the Planning Commission
recommend:
10 Approval of the resolution to vacate Netnorlin .
Court, subject to the following conditions being
completed before the City files the street
vacation resolution with Ramsey County:
a. The driveway for 3048 Netnorlin Court shall
meet all City standards for setbacks, size
and type of construction. Any changes that
are required for the driveway shall be the
responsibility of the applicant and shall be
subject to the City Engineer's approval.
b. A drainage and utility easement shall be
required over the 20- by 50 -foot area of the
Netnorlin Court right -of -way. This easement
shall be subject to the review and approval
of the City Engineer.
Planning Commission -3-
Minutes 9 -18 -89
c. Lot 22 of Netnorlin Addition shall be
required to be combined with Parcel #02 =29-
22-11- -0013 adjoining it on its east side so
that they have one parcel-identification
number. Lots 18, 19 and 21 of Netnorlin
Addition shall be required to be combined
with one parcel identification number. Lot
21 must be acquired by the applicant.
d. Payment of deferred assessments on Lots 18 -22
of $1,546.80.
2. In addition, prior to City approval of a lot
reconfiguration for Lots 18 , 19 and 21, the
applicant shall reconstruct the curb and gutter
along the south side of Woodlynn Avenue so that it
is continuous and shall regrade and seed the
public boulevard. This shall be subject to the
approval of the City Engineer.,
3. Change the address of 3048 Netnorlin Court to 2234
Woodlynn Avenue.
Commissioner Sletten seconded Ayes -- Axdahl, Ayers,
Barrett, Cardinal,
Fiola, Fischer,
Sletten
Co Preliminary and 'nal Plat: Woodlynn Heights Townhomes
No 4
Ken Roberts, Associat Planner, presente. the staff
report. Mr. Roberts s 'd, after review'ng the tapes of
the City Council meetin of Decembe 1986, that
sidewalks would be requi d by the C 'ty Council along
the north side of Woodlynn Avenue conjunction with
development of the townhome .
Mack Nettleton, the applicant, said if sidewalks are
required for his previous de v pment on Woodlynn
Avenue, all developers shou b required to provide
sidewalks for their previo s dev opments. Mr.
Nettleton said he didn't kink it as ethical or legal
to require him to provi sidewalks for his previous
developments.
A commissioner aske what the Planning ommissionIs
past policy had be regarding these tow houses. Staff
said the Plannin ommission did not have onditions on
the previous Wo lynn Heights townhomes requiring
0
Agenda Number I -,
AGENDA REPORT
TO: City Manager
FROM: Finance Director t '?/ , _1 -
RE: 1990 BUDGET AND TAX LEVY
DATE: October 27, 1989
INTRODUCTION
Action by Council fl
Endorsed
Modifi od
Ro j octod .
Date
A proposed tax levy for 1990 must be certified to Ramsey County by November 15th in order
to comply with the Truth in Taxation provisions included in the 1989 tax bill. In
conjunction with this, a preliminary 1990 Budget needs to be approved.
BACKGROUND
On July 20th the City Council adopted a resolution certifying a proposed tax levy for
1990 to comply with the law in effect at that time. The new tax bill has reduced
Maplewood's state aid and has revised the levy limit formula. Also, the 1989 bonds that
were recently sold require a tax levy. All of these factors increase the amount of taxes
that need to. be levied for 1990. Most of the increase in City taxes due to state aid
cutbacks will be offset by a decrease in school district taxes. The proposed taxes
certified to Ramsey County at this time will need to be recertified after the city holds
its public hearing on the 1990 Budget later this year. At this time we are still waitin
to be notified by the county of the dates available for the public hearing.
In conjunction with adoption of a proposed tax levy for 1990 the city must adopt a
preliminary 1990 Budget and certify this to Ramsey County with the proposed tax levy.
The 1990 Budget can be revised at the public hearing.
PROPOSED TAX LEVY( FOR 1990
Maplewood's levy limit for 1990 has changed significantly primarily due to a 47% decrease
in state aid which amounts to $957,550. The revised proposed levy for 1990 has been
calculated as follows:
5,753,080 Levy limit
504,200 Special levy for bonds issued prior to 1989
28,530 Special levy for 1989 bond issues
26,240 Special levy for pensions
6,312,050 Total current proposed levy
7514731640 Proposed 1990 levy approved July 20th
838,410 Increase
The increase is less than the decrease in state aid due to a smaller growth adjustment
in the levy limit than anticipated on July 20th. Also, it should be noted that the levy
approved on July 20th was $275,210 greater than the amount included in the Proposed 1990
Budget to allow the city flexibility in determining its final levy. State 1 aw does not
allow the final tax levy certified to exceed the proposed tax levy certified.
The changes in the levy compared to the proposed budget and the July 20th amounts are
as follows:
Assuming that the tax collection rate will be 97% of the levy, tax revenues for
operations w i l l increase by $1,052,540 if the City Council decides to levy the legal
max Imu.m. This w i l l offset the $957,550 in state aid and provide $94,990 of additional
revenue.
OPERATING BUDGET
On August 9th the City Council held a special meeting with City staff to review the 1990
Proposed Budget. During this meeting the following issues were raised but no formal
action was taken:
1) Increase the number of times Maplewood in Motion is published in 1990. ( Earl y
in 1989 the Council authorized an increase from four to six issues per year.)
It is anticipated that in 1990 the average cost per issue of the City
newsletter will be $4,300. If more issues are authorized, the accounts
affected are 101- 111 -4330 and 4380 on page 3 -33 of the budget.
2) Increase the budget by up to $3,620 for the purchase of radios for Emergency
Management. Requests not included in the proposed were $1,620 for three
VHF /UHF radios and $2,000 for two portable radios. Donations have now been
received for the three VHF /UHF radios. If the two portable radios are added
to the budget, the account affected is 101 -112 -4640 on page 3 -35 of the budget.
3) Increase the budget for N.E.S.T. from $21,740 to $25,780. The budget adopted
by N.E.S.T. requires $25,780 from Maplewood. An alternative discussed was
an increase in the fare from $1.00 per ride to $1.25 which would e l i m i n a t e the
need for all three cities to increase their contributions. It should be noted
that Maplewood funding for N.E.S.T. has increased rapidly. In 1988 it was
16,470 and in 1989 it's projected to be $22,900 which is a 39% increase. The
amount requested for 1990 is 13% higher than 1989 and 57% higher than 1988.
If additional money for N.E.S.T. is approved, the account affected is
101 -119 -4480 on page 3 -37 of the budget.
4) Provide an appropriation for the purchase of art works. No money was requested
by staff for this item but the Council discussed the possibility of an annual
appropriation to purchase art from local artists to decorate meeting rooms and
halls in City Hall. If money is added for this purpose, the account affected
is 101 -119 -4640 on page 3 -37 of the budget.
5) Increase the budget by $30,000 to hire a consultant to do a pavement management
system study. This amount was requested by the Public Works Director but was
not included in the proposed budget. If this is added to the budget, the
account affected is 101 -501 -4490 on page 3 -73 of the budget.
Current
Proposed July 20th Preliminary
Budget Amounts Budget,
4,376 4,376,230 5,461,320 Operations
318,000 593,210 318,000 Capital Improvements
504,200 504,200 532,730 Debt Service
5,198,430 5,473,640 6,312,050 Total Levy
3.8%9.3%26.1%Increase over 1989
Assuming that the tax collection rate will be 97% of the levy, tax revenues for
operations w i l l increase by $1,052,540 if the City Council decides to levy the legal
max Imu.m. This w i l l offset the $957,550 in state aid and provide $94,990 of additional
revenue.
OPERATING BUDGET
On August 9th the City Council held a special meeting with City staff to review the 1990
Proposed Budget. During this meeting the following issues were raised but no formal
action was taken:
1) Increase the number of times Maplewood in Motion is published in 1990. ( Earl y
in 1989 the Council authorized an increase from four to six issues per year.)
It is anticipated that in 1990 the average cost per issue of the City
newsletter will be $4,300. If more issues are authorized, the accounts
affected are 101- 111 -4330 and 4380 on page 3 -33 of the budget.
2) Increase the budget by up to $3,620 for the purchase of radios for Emergency
Management. Requests not included in the proposed were $1,620 for three
VHF /UHF radios and $2,000 for two portable radios. Donations have now been
received for the three VHF /UHF radios. If the two portable radios are added
to the budget, the account affected is 101 -112 -4640 on page 3 -35 of the budget.
3) Increase the budget for N.E.S.T. from $21,740 to $25,780. The budget adopted
by N.E.S.T. requires $25,780 from Maplewood. An alternative discussed was
an increase in the fare from $1.00 per ride to $1.25 which would e l i m i n a t e the
need for all three cities to increase their contributions. It should be noted
that Maplewood funding for N.E.S.T. has increased rapidly. In 1988 it was
16,470 and in 1989 it's projected to be $22,900 which is a 39% increase. The
amount requested for 1990 is 13% higher than 1989 and 57% higher than 1988.
If additional money for N.E.S.T. is approved, the account affected is
101 -119 -4480 on page 3 -37 of the budget.
4) Provide an appropriation for the purchase of art works. No money was requested
by staff for this item but the Council discussed the possibility of an annual
appropriation to purchase art from local artists to decorate meeting rooms and
halls in City Hall. If money is added for this purpose, the account affected
is 101 -119 -4640 on page 3 -37 of the budget.
5) Increase the budget by $30,000 to hire a consultant to do a pavement management
system study. This amount was requested by the Public Works Director but was
not included in the proposed budget. If this is added to the budget, the
account affected is 101 -501 -4490 on page 3 -73 of the budget.
6) Increase the budget by $5,000 to hire an additional temporary engineering
technician. This amount was requested by the Public Works Director but was
not included in the proposed budget. If this is added to the budget, the
account affected is 101 -503 -4020 on page 3 -77.
7) Eliminate the $2,740 appropriation for participation in the East Metro Economic
Development Council. If this is deleted from the budget, the account affected
is 101- 701 -4380 on page 3-97.
The following changes need to be made in the operating budget based upon City Council
actions after the proposed budget was prepared:
a) The General Fund 12 -31 -90 fund balance needs to be decreased from $2,860,295
to $2,483,915 to reflect the $376,380 transfer to the Capital Improvement
Projects Fund for the City Hall addition. The Council approved the transfer
on 9- 14 -89.
b) Estimated 1990 revenues in the General Fund from investment interest should
be decreased by $22,580 to compensate for the $376,380 transfer to the C I P Fund
in April. ($376,380 x .08 x .75 = $22,580)
c) The appropriation for City Council salaries should be increased from $26,150
to $33,900 for the increase in pay rates approved on 10- 30 -89.
In summary, the City Council needs to decide if they want to make any of the seven
changes listed above that were discussed on August 9th and the operating budget needs
to be revised for the above changes (a) through (c).
CAPITAL IMPROVEMENTS :BUDGET
During the special meeting of the City Council on August 9th no changes in the capital
improvements budget were discussed. However, the following changes need to be made based
upon City Council actions after the proposed budget was prepared:
a) The Capital Improvement Project Fund needs to be revised for the additional
376,380 expenditures for the City Hall addition and the related transfer from
the General Fund.
b) Delete the Tax .Increment District No. 3 Fund and revise the budget for the Tax
Increment District No. 2 Fund. The modification of the tax increment financing
plans approved by the Council on 10 -9 -89 provided for the pooling of tax
increments. The transactions for the Tax Increment District No. 3 Fund will
be recorded in the Tax Increment District No. 2 Fund.
c) The transactions for the Tax Increment District No. 2 Fund also need to be
revised for changes in the projects financed by the 1989 Tax Increment Bonds
due to the pooling of tax increments.
Attached are revised 1990 Budget pages 4 -6, 4 -7, 4 -16 and 4 -17 which reflect the above
changes.
3
DEBT SERVICE BUDGET
During the special meeting of the City Council on August 9th no changes in the debt
service budget were discussed. However, the following changes need to be made based
upon City Council actions after the proposed budget was prepared:
a) Three new debt service bonds need to be added for the three 1989 bond issues.
b) The debt service tax levy needs to be revised for the 1989 bond issues. A levy
of $2,360 is needed for the 1989 improvement bonds to finance unassessed
improvement costs. Also a levy of $26,530 is needed to finance a portion of
the 1989 tax increment bond issue.
Attached are revised 1990 Budget pages 5 -4 through 5 -6 which reflect the above changes.
RECOMMENDATION
It is recommended that:
1) The City certify a proposed tax levy for 1990 of $6,312,050 which is the legal
maximum. The final levy that will be adopted at the public hearing cannot be
increased above the amount certified as the proposed levy. Certification of
the legal maximum at this time would allow the City Council fl exi bi 1 i ty in case
budget changes are needed when the public hearing is held.
2 ) The City Council decide which revisions to the operating budget should be made
regarding items (1) through (7) listed on pages 2 -3. These revisions should
be limited to $64,660 which is the amount of extra money available to finance
the changes. (Additional tax revenues of $1,052,540; decrease in state aid
of $957,550; decrease in investment interest of $22,580; increase in Council
salaries of $7,750.)
ACTION REQUIRED
The City Council needs to adopt the attached two resolutions. One resolution adopts a
proposed tax levy for 1990 and the other resolution adopts a preliminary budget for 1990.
The resolutions attached assume a tax levy of $6,312,050 and a net operating budget
increase of $64,660.
4
RESOLUTION CERTIFYING PROPOSED TAXES PAYABLE IN 1990
that:
1.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA,
The following amounts of taxes be levied for 1989, payable in 1990, upon
the taxable property in said City of Maplewood, for the following purposes:
General Operations $5,461,320
Capital Improvements 318,000
Debt Service 532,730
TOTAL LEVY $6,312,050
2.There i's on hand in the following sinking funds excess amounts as indicated
after each fund and such shall be used to pay on the appropriate
obligations of the City:
DESCRIPTION
1967 General Obligation Sanitary Sewer Bonds 12,000
1972 General Obligation Improvement Bonds: Series 1 45,000
1973 Improvement Bonds 118,100
1974 Refunding Bonds 69,000
1977 General Obligation Improvement Bonds: Series 2 167,000
1977 Refunding Bonds 263,700
1979 General Obligation Improvement Bonds 72,000
1988 General Obligation Improvement Bonds 355,546
1977 Public Works Building Bonds 37,270
1980 Fire Station Bonds 18,830
1989 General Obligation Improvement Bonds 3
1989 Tax Exempt Tax Increment Bonds 3
TOTAL 1,158,452
In accordance with Minnesota Statutes 475.61 and 273.13, Subd . 19 (3) , (a),
b), (c), and Chapter 297a and Chapter 162 of Minnesota Statutes, the
County Auditor of Ramsey County is hereby authorized and directed to reduce
by the amounts above mentioned the tax that would otherwise be included
in the rolls for the Year 1989 and collectible in 1990.
3. It has been determined that the following sinking funds have insufficient
projected assets to meet projected liabilities, as required by State
Statute, and the original resolution levying ad- valorem taxes must be
increased by the following amounts.
1972 General Obligation Improvement Bonds: Series 2 $ 690
1977 General Obligation Improvement Bonds: Series 1 182,200
TOTAL $ 182,890
4. Changes set forth in sections one (1) and two (2) above result in a net
reduction of $975,562 in the scheduled levy of $1,508,292.
RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR 1990 .
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that a preliminary budget
for 1990 is hereby adopted as outlined in the following summary:
CAPITAL DEBT
OPERATING IMPROVEMENTS SERVICE
BUDGET BUDGET BUDGET
Estimated Balances 01/01/90 5 1 5
Revenues 14,484,830 4 2,571,560
Net other increases (decreases)264,863)9 183,180
Expenditures 14,193,590 15,457,610 31687,300
Estimated Balances 12 /31/90 5 781,733 4
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the
1990 Operating Budget:
GENERAL FUND-.
1
332,130
269,960
3,920,920
1,418,820_
1,087,680
792,390
9,239,670
HYDRANT CHARGE FUND:
106,240
DENTAL SELF - INSURANCE FUND:
32,670
SEWER FUND:
239,480
2,353,030
V.E.M. FUND:
323,080
DATA PROCESSING FUND:
157,620
PAYROLL BENEFITS FUND:
1,741,800
14,193,590
General Government
Finance
City Clerk
Public Safety
Public Works
Parks and Recreation
Community Development
GENERAL FUND TOTAL
Public Works
General Government
City Clerk
Public Works
Public Works
General Government
General Government
TOTAL OPERATING BUDGET APPROPRIATIONS
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the
1990 Capital Improvements Budget:
CAPITAL IMPROVEMENTS PROJECT FUND:
72,000
761,380
60,440
200
894,020
City Hall Furnishings
City Hall Addition
Debt Service
Audit Fees
PARK DEVELOPMENT FUND:
1,343,500 Park Improvements
STREET CONSTRUCTION STATE AID FUND:
190,000
80,000
Traffic Signals and Opticoms
Street Overlay and Sealcoating Program
Audit Fees
L /U,UVU
PUBLIC IMPROVEMENT PROJECTS:
12,950,000
15,457
Public Works Projects
TOTAL CAPITAL IMPROVEMENTS BUDGET
APPROPRIATIONS
BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each
public improvement project when the Council orders the project and that the budget
amounts shall be recorded at amounts specified in the f e a s i b i l i t y study for the project.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the
1990 Debt Service Budget:
2 Principal
1 Interest
6 Paying Agent Fees
21,140 Investment Management Fee
3 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS
BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts
within a department budget or within a non - departmental expense category, within a fund,
shall only require the approval of the City Manager.
BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended
at the end of the fiscal year shall lapse and shall become part of the unencumbered fund
balance which may be appropriated for the next fiscal year except appropriations for
capital improvement projects which shall not lapse until the project is completed or
cancelled by the City Council.
CITY OF MAPLEWOOD, MINNESOTA
1990 BUDGET
FUND: CAPITAL IMPROVEMENT PROJECTS
Activity Description
This fund. is used to finance major capital outlay expenditures that cannot be easily financed by alternative
methods and that individually cost in excess of $50,000 (with the exception of park development projects which
have no minimum amount).
Expenditure Changes By Category
1989 Budget 1990 Budget Increase (,Decrease,)
Amount Percent
Audit Fees 200 200 0 N/A
City Hall Addition 195,000 761,380 566,380 290.5%
City Hall Furnishings 0 72,000 72,000 N/A
Park Improvements 100,000 0 100,000)
Debt Service 60,440 60,440 0 N/A
Total 355,640 894,020 538,380 151.4%
Budget Comments
The City Hall Addition accounts for the majority of the expenditures in this fund. This project is anticipated
to cost $1,146,380 during 1989 and 1990. The 1989 re- estimate for this project is $190,000 higher than the
original budget due to a change in the scope of the project and more accurate estimates based on preliminary
design work.
The $72,000 budgeted for City Hall furnishings will finance furniture for conference rooms, video equipment for
the Council Chambers and partitions for the Finance Department area in the new addition.
The Debt Service payments are for a 5 -year lease - purchase contract on the NCR computer system.
4 -6